Case: Hilgert v. May

7:07-cv-00094 | U.S. District Court for the Southern District of Texas

Filed Date: May 1, 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On May 1, 2007, an employee of the George S. May International Company, filed a lawsuit under 42 U.S.C. § 2000e, the Age Discrimination in Employment Act, and the Fair Labor Standards Act against his employer in the United States District Court for the Southern District of Texas. The plaintiff, who proceeded pro se, asked the court for damages, claiming that he, and others similarly situated, were denied commissions, endured a hostile work environment, suffered breach of contract, suffered ret…

On May 1, 2007, an employee of the George S. May International Company, filed a lawsuit under 42 U.S.C. § 2000e, the Age Discrimination in Employment Act, and the Fair Labor Standards Act against his employer in the United States District Court for the Southern District of Texas. The plaintiff, who proceeded pro se, asked the court for damages, claiming that he, and others similarly situated, were denied commissions, endured a hostile work environment, suffered breach of contract, suffered retaliatory action, and experienced discrimination based on his age. The case was assigned to Judge Ricardo Hinojosa of the U.S. District Court for the Southern District of Texas.

The Court ordered mediation on December 19, 2008. The parties, however, were unable to resolve the case via mediation.

On October 7, 2009, the District consolidated this case (07-094) with another case (09-154) filed by the plaintiff in 2009. On October 9, 2009, the Court orally granted Defendant's motion for summary judgment as to the Title VII retaliation claim. The Court also granted Defendant's motion for summary judgment as to Plaintiff's hostile work environment claim. The Court allowed discovery on the plaintiff's age discrimination to be completed by November 23, 2009.

Discovery and other pre-trial procedures were continued throughout 2009, 2010, and 2011. On March 12, 2012, plaintiff filed a motion for summary judgment. On September 28, 2012, Judge Hinojosa granted that motion. (Defendants had not acted in case for over one year, including not replying to the motion for summary judgment).

Plaintiff was awarded $5,873 in damages for contract claims, and $25,000 in damages for age discrimination claims.

Summary Authors

Haley Waller (10/2/2010)

Ian Sander (10/24/2016)

People


Judge(s)

Crane, Randy (Texas)

Hinojosa, Ricardo H. (Texas)

Ormsby, Peter E. (Texas)

Ramos, Dorina (Texas)

Attorneys(s) for Plaintiff

Hilgert, Clive B. (Texas)

Attorneys(s) for Defendant

Clifford, Dennis A. (Texas)

Collins, John L. (Texas)

Lipinski, Ronald L. (Illinois)

Judge(s)

Crane, Randy (Texas)

Hinojosa, Ricardo H. (Texas)

Ormsby, Peter E. (Texas)

Ramos, Dorina (Texas)

Attorneys(s) for Plaintiff

Hilgert, Clive B. (Texas)

Attorneys(s) for Defendant

Clifford, Dennis A. (Texas)

Collins, John L. (Texas)

Lipinski, Ronald L. (Illinois)

Documents in the Clearinghouse

Document

7:09-cv-00154

Docket

Oct. 31, 2012

Oct. 31, 2012

Docket
1

7:07-cv-00094

COMPLAINT

May 1, 2007

May 1, 2007

Complaint
11

7:07-cv-00094

DEFENDANT'S ANSWER

July 23, 2007

July 23, 2007

Pleading / Motion / Brief
10

7:07-cv-00094

DEFENDANT’S RULE 12(b)(6) MOTION TO DISMISS PLAINTIFF’S TITLE VII, ADEA, FLSA, CONSTITUTIONAL, GOOD FAITH AND FAIR DEALING, AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS CLAIMS

July 23, 2007

July 23, 2007

Pleading / Motion / Brief
34

7:07-cv-00094

DEFENDANT’S SECOND SUPPLEMENTAL REPLY TO PLAINTIFF’S SECOND SUPPLEMENTAL RESPONSE TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR RECONSIDERATION

June 27, 2008

June 27, 2008

Pleading / Motion / Brief
56

7:07-cv-00094

DEFENDANT’S RULE 12(b)(6) MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

Sept. 2, 2009

Sept. 2, 2009

Pleading / Motion / Brief
57

7:07-cv-00094

PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' RULE 12(B)(6) MOTION

Sept. 22, 2009

Sept. 22, 2009

Pleading / Motion / Brief
58

7:07-cv-00094

DEFENDANT’S RESPONSE TO PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT AND REPLY TO PLAINTIFF’S RESPONSE TO DEFENDANT’S OPENING MOTION

Oct. 5, 2009

Oct. 5, 2009

Pleading / Motion / Brief
59

7:07-cv-00094

ORDER (consolidating cases)

Oct. 7, 2009

Oct. 7, 2009

Order/Opinion
61

7:07-cv-00094

DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR RECONSIDERATION

Oct. 22, 2009

Oct. 22, 2009

Pleading / Motion / Brief

Resources

Docket

Last updated Aug. 5, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against George S. May International Company (Filing fee $ 350) filed by Clive B Hilbert. (Attachments: # 1 Continuation # 2 Affidavit)(bgarces, ) (Entered: 05/03/2007)

May 1, 2007

May 1, 2007

2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/8/2007 at 02:30 PM before Judge Ricardo H. Hinojosa. Parties notified.(bgarces, ) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

3

Mail Returned Undeliverable as to Clive B Hilgert re: 2 Order for Initial Conference and Disclosure − FORMS, filed. (esmith, ). (Entered: 05/11/2007)

May 8, 2007

May 8, 2007

4

MOTION for Appointment of Counsel by Clive B Hilgert, filed. Motion Docket Date 6/14/2007. (bgarces, ). (Entered: 05/29/2007)

May 25, 2007

May 25, 2007

5

CERTIFICATE OF INTERESTED PARTIES by Clive B Hilgert, filed.(bgarces, ). (Entered: 05/29/2007)

May 25, 2007

May 25, 2007

6

WAIVER OF SERVICE Returned Executed as to George S. May International Company served on 5/25/2007, answer due 7/24/2007, filed.(bgarces, ) (Entered: 06/18/2007)

June 13, 2007

June 13, 2007

7

AFFIDAVIT by Clive Hilgert, filed.(bgarces, ). (Entered: 06/18/2007)

June 13, 2007

June 13, 2007

8

CERTIFICATE OF INTERESTED PARTIES by George S. May International Company, filed.(Collins, John) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

9

DESIGNATION of John L. Collins as attorney in charge of George S. May International Company, filed.(Collins, John) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

10

MOTION to Dismiss Plaintiff's Title VII, ADEA, FLSA, Constitutional, Good Faith And Fair Dealing, And Negligent Infliction Of Emotional Distress Claims by George S. May International Company, filed. Motion Docket Date 8/13/2007. (Collins, John) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

11

ANSWER to 1 Complaint by George S. May International Company, filed.(Collins, John) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

12

PROPOSED ORDER Dismissing Plaintiff's Claims re: 10 MOTION to Dismiss Plaintiff's Title VII, ADEA, FLSA, Constitutional, Good Faith And Fair Dealing, And Negligent Infliction Of Emotional Distress Claims , filed.(Collins, John) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

13

JOINT DISCOVERY/CASE MANAGEMENT PLAN by all parties, filed.(Collins, John) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

14

PLAINTIFFS REPLY to 10 Defendant's Motion to dismiss some claims, filed by Clive B Hilbert. (mzamarripa, ) Additional attachment(s) added on 8/7/2007 (mzamarripa, ). (Entered: 08/06/2007)

Aug. 3, 2007

Aug. 3, 2007

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. Initial PRETRIAL CONFERENCE held on 8/8/2007. All parties present. Mr. Hilgert is proceeding pro se. The Court addresses the Motion to Dismiss filed by Defendant which the Court will also consider as a motion for summary judgment and makes the following rulings: As to the Title VII and ADEA claims the Court finds that these claims should be dismissed; the Plaintiff conceedes to the FLSA claim; the Court GRANTS the Motion to Dismiss and/or for summary judgement as to the Fifth Amendedment claim as well as the good faith and fair dealing claims and the negligent infliction of emotion distress claim. This leave the breach of contract claim and the intentional infliction of emotional distress. Before the Court rules on these claims the Plaintiff is asked to try to contact some lawyers who may take his case. The Court will set a hearing date where the Plaintiff can advise the Court how he will proceed or if he hired an attorney. The Court sets the hearing for 9/12/2007 at 04:00 PM before Judge Ricardo H. Hinojosa Appearances: Clive B. Hilgert, pro se; John L Collins.(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 08/14/2007)

Aug. 8, 2007

Aug. 8, 2007

15

Plaintiff's MOTION to Reconsider the Dismissal of Some of Plaintiff's Claims with Prejudice by Clive B Hilgert, filed. Motion Docket Date 9/17/2007. (mzamarripa, ). (Entered: 08/28/2007)

Aug. 27, 2007

Aug. 27, 2007

16

Plaintiff's MOTION to Stay Proceedings Pending Exhausting of Administrative Remedies by Clive B Hilgert, filed. Motion Docket Date 9/17/2007. (mzamarripa, ). (Entered: 08/28/2007)

Aug. 27, 2007

Aug. 27, 2007

17

RESPONSE in Opposition to 15 MOTION for Reconsideration, 16 MOTION to Stay, filed by George S. May International Company. (Collins, John) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. Initial PRETRIAL CONFERENCE held on 9/12/2007 denying 16 MOTION to Stay, 15 MOTION for Reconsideration, 4 MOTION for Appointment of Counsel. All parties present. Mr. Hilgert is present and proceeding pro se. The Court addresses the Request for Appointment of Class Attorney and DENIES same. The Court DENIES the Motion to Reconsider and also DENIES the Motion to Stay Proceedings. The Court will issue a docket control order. (90 days) Appearances:Clive B. Hilgert. John L Collins.(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

18

SCHEDULING ORDER: Joinder of Parties due by 12/21/2007 Discovery due by 12/11/2007 Dispositive Motion Filing due by 12/21/2007 Non−Dispositive Motion Filing due by 12/21/2007 Joint Pretrial Order due by 1/3/2008 Motions for Extension of Time due by 11/13/2007 Pretrial Conference set for 1/10/2008 at 02:30 PM before Judge Ricardo H. Hinojosa.( Signed by Judge Ricardo H. Hinojosa ) Parties notified.(mzamarripa, ) (Entered: 09/13/2007)

Sept. 12, 2007

Sept. 12, 2007

19

NOTICE of Starting of the Discovery Process by Clive B. Hilgert, filed. (bgarces, ) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

20

Agreed PROPOSED ORDER for Protective Order , filed.(Clifford, Dennis) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

21

Agreed MOTION for Protective Order by all parties, filed.re # 20 Motion Docket Date 11/27/2007. (Clifford, Dennis) Modified on 11/7/2007 (jdav, ). (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

22

Unopposed MOTION to Modify Scheduling Order by George S. May International Company, filed. Motion Docket Date 1/3/2008. (Attachments: # 1 Proposed Order)(Clifford, Dennis) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

24

ORDER granting 22 Unopposed MOTION to Modify Scheduling Order, Joint Pretrial Order due no later than 30 days from the date that the Court rules on Defendant's motion for summary judgment. Pretrial Conference set for 2/7/2008 at 02:30 PM before Judge Ricardo H. Hinojosa.( Signed by Judge Ricardo H. Hinojosa ) Parties notified.(mzamarripa, ) (Entered: 12/26/2007)

Dec. 19, 2007

Dec. 19, 2007

23

Sealed Event, filed. (With attachments) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

25

REPLY to 23 Sealed Event, filed by Clive B. Hilgert. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit D)(mzamarripa, ) (Entered: 01/08/2008)

Jan. 4, 2008

Jan. 4, 2008

26

Sealed Event, filed. (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. HEARING held on 2/7/2008. Dennis Clifford for Defendant is present. Mr. Clive Hilgert is not present. The Court sets a Show Cause hearing for Mr. Hilgert for 3/7/2008 at 02:30 PM before Judge Ricardo H. Hinojosa at which time the Court will also take up the pending matters. Appearances:Dennis Clifford.(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 02/15/2008)

Feb. 7, 2008

Feb. 7, 2008

27

Notice by Clive B. Hilgert: Correct address: 2500 N. 32nd St. Apt. 2, McAllen, TX 78501, filed.(mzamarripa, ) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

28

AGREED PROTECTIVE ORDER ( Signed by Judge Ricardo H. Hinojosa ) Parties notified.(bgarces, ) (Entered: 03/12/2008)

March 7, 2008

March 7, 2008

29

Supplemental Reply to Defedant's Motion for Summary Judgment filed by Clive B. Hilgert. (bgarces, ) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

30

DOCUMENT INADVERTENTLY FILED/NOT FOR PUBLIC VIEWING: REPLY to Response to 23 Sealed Event, filed by George S. May International Company. (Clifford, Dennis) Modified on 5/9/2008 (bgarces, ). (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

31

Corrected REPLY to Response to 23 Sealed Event, filed by George S. May International Company. (Clifford, Dennis) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. MOTION HEARING held on 5/15/2008. Mr. Hilbert is also present proceeding pro se. The Court addresses the Motion for Summary Judgment and the two remaining issues. The Court GRANTS the motion on the issue of intentional infliction of emotional distress. As to the issue of breach of contract, the Court instructs Mr. Hilgert that he needs to file some sworn statement that would contradict the facts presented by the Defense. Mr. Hilgert to file said statement by 6/16/08 and the Court will continue with this hearing via Telephone Conference on 7/2/2008 at 04:00 PM before Judge Ricardo H. Hinojosa Appearances: Dennis Alexander Clifford.(ERO:Tony Tijerina), filed.(smartinez, ) Modified on 6/12/2008 (smartinez, ).*hrg date corrected. (Parties notified) (Entered: 05/20/2008)

May 15, 2008

May 15, 2008

ORAL ORDER Telephone Conference set for 7/2/2008 at 04:00 PM before Judge Ricardo H. Hinojosa. Parties notified.(smartinez, ) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

Document(s) Sent by certified mail to Clive B. Hilgert; Tracking Number 7004 2510 0004 3293 8361 re: Oral Order: Telephone Conference set for 7/2/2008 at 04:00 PM before Judge Ricardo H. Hinojosa. (mzamarripa, ) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

32

Supplemental Motion and REPLY to Defendant's Motion for Summary Judgment filed by Clive B. Hilgert. (Attachments: # 1 Continuation, # 2 Continuation)(bgarces, ) (Entered: 06/17/2008)

June 13, 2008

June 13, 2008

33

MOTION for Reconsideration by Clive B. Hilgert, filed. Motion Docket Date 7/3/2008. (bgarces, ) (Entered: 06/17/2008)

June 13, 2008

June 13, 2008

34

Second REPLY to Response to 33 MOTION for Reconsideration, 23 Sealed Event, filed by George S. May International Company. (Clifford, Dennis) (Entered: 06/27/2008)

June 27, 2008

June 27, 2008

ORAL ORDER by Judge Ricardo H. Hinojosa: Telephone Conference reset for 7/17/2008 at 04:00 PM before Judge Ricardo H. Hinojosa. (previously set for 7/2/08) Parties notified. (Mr. Hilgert notified via voice message)(bgarces, ) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

35

Plaintiff's Third Supplemental REPLY to Defendant's Responses to Plaintiff's Reply to Motion for Summary Judgment and Defendant's Reply to Plaintiff's Motion for Reconsideration, filed by Clive B. Hilgert. (mzamarripa, ) (Entered: 07/11/2008)

July 10, 2008

July 10, 2008

ORAL ORDER by Judge Ricardo H. Hinojosa: ( Telephone Conference reset for 8/7/2008 at 02:30 PM before Judge Ricardo H. Hinojosa) Parties notified. Mr. Hilgert notified telephonically.(mzamarripa, ) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

36

Certified Mail Receipt Returned as to Clive B. Hilgert re: 07/02/2008 hrg. notification., filed. (mzamarripa, ) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

37

***Delivery Confirmation; delivery date(s) 07/19/2008 re: Notice of Electronic Filing of 08/07/2008 hearing, Certified Mail Receipt Returned as to Clive B. Hilgert, filed. (mzamarripa, ) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. TELEPHONE CONFERENCE held on 8/7/2008. All parties present. (Mr. Clifford via telephonically). The Court DENIES the MOTION for Reconsideration. As to the Motion for Summary Judgment as to the issue of the contract, the Court instructs the parties to get together and go over the 12 entities as to which ones they did business with and which ones they did not. The Court sets a Telephone Conference for 9/25/2008 at 09:30 AM before Judge Ricardo H. Hinojosa). Appearances: Clive B. Hilgert pro se; Dennis Alexander Clifford.(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 08/18/2008)

Aug. 7, 2008

Aug. 7, 2008

38

Plaintiff's Fourth REPLY to Defendant's Motion for Summary Judgment, filed by Clive B. Hilgert. (mzamarripa, ) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

39

NOTICE of Error by Clive B. Hilgert, filed. (mzamarripa, ) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. MOTION HEARING held on 9/25/2008. Mr. Clifford is attending telephonically and Mr. Hilgert is present in the courtroom. Parties indicate that nothing has been resolved. The Court addresses the only remaining issue of Deft.'s Motion for Summary Judgment. The Court makes its findings and will DENY the motion as to the 5 entities and will GRANT the motion as to all others. The Court sets this case for Final Pretrial Conference on 12/1/2008 at 09:30 AM before Judge Ricardo H. Hinojosa and Jury Selection set for 12/2/2008 at 09:30AM before Judge Ricardo H. Hinojosa Appearances: Dennis Alexander Clifford.(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

40

MOTION Settlement Conference and Expedited Ruling by George S. May International Company, filed. Motion Docket Date 10/28/2008. (Attachments: # 1 Proposed Order)(Clifford, Dennis) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

41

MOTION for Temporary Restraining Order by Clive B. Hilgert, filed. Motion Docket Date 11/3/2008. (Attachments: # 1 Proposed Order)(mzamarripa, ) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

42

Plaintiff's MEMORANDUM of Law In Support re: 41 MOTION for Temporary Restraining Order by Clive B. Hilgert, filed.(mzamarripa, ) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

43

Plaintiff's REPLY to 40 MOTION Settlement Conference and Expedited Ruling, filed by Clive B. Hilgert. (Attachments: # 1 Exhibit)(mzamarripa, ) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

44

RESPONSE in Opposition to 41 MOTION for Temporary Restraining Order, filed by George S. May International Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order)(Clifford, Dennis) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

45

REPLY to Response to 41 MOTION for Temporary Restraining Order, filed by Clive B. Hilgert. (bgarces, ) (Entered: 11/21/2008)

Nov. 7, 2008

Nov. 7, 2008

46

Proposed Pretrial Order by George S. May International Company, filed. (Attachments: # 1 Exhibit A through D)(Clifford, Dennis) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

47

MOTION In Limine by George S. May International Company, filed. Motion Docket Date 12/16/2008. (Clifford, Dennis) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

48

Proposed Joint Pretrial Order by Clive B. Hilgert, filed.(bgarces, ) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

50

MOTION/APPLICATION to Proceed In Forma Pauperis by Clive B. Hilgert, filed. Motion Docket Date 12/16/2008. (bgarces, ) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. PRETRIAL CONFERENCE held on 12/1/2008. All parties present. The Court notes that several motions have been filed since the last hearing. The Court will set a hearing date on the motions before proceeding to jury selection. Motion Hearing set for 12/12/2008 at 02:30 PM before Judge Ricardo H. Hinojosa Appearances: Dennis Alexander Clifford, Clive Hilgert pro se(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 12/02/2008)

Dec. 1, 2008

Dec. 1, 2008

51

RESPONSE to 47 MOTION In Limine, filed by Clive B. Hilgert. (bgarces, ) (Entered: 12/18/2008)

Dec. 5, 2008

Dec. 5, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. MOTION HEARING held on 12/12/2008. All parties present. Mr. Hilgert is proceeding pro se. The Court addresses the Motion for Temporary Restraining Order and DENIES same. (#41). As to the Motion in Limine, the Court will take up this motion at time of trial. The Court also DENIES the Plaintiff's Motion to Proceed In Forma Pauperis. As to the Motion for Settlement Conference − Mr. Hilgert states he is unopposed. The Court will refer this matter to Magistrate Judge Peter Ormsby. The parties will be notified of when this will be set up before Magistrate Judge Ormsby. Appearances: Clive Hilgert pro se, Dennis Alexander Clifford.(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 12/15/2008)

Dec. 12, 2008

Dec. 12, 2008

NOTICE of Setting. Parties telephonically notified. Telephone Conference RE: Mediation scheduling set for 12/18/2008 at 04:00 PM before Magistrate Judge Peter E. Ormsby. Defense counsel to initiate call, filed. (ndavila, ) (Entered: 12/17/2008)

Dec. 17, 2008

Dec. 17, 2008

Minute Entry for proceedings held before Magistrate Judge Peter E. Ormsby. TELEPHONE CONFERENCE (not recorded)re: Mediation scheduling held on *12/18/2008. Mediation set for 1/09/2009 at 10:00 A.M before Magistrate Judge Peter E. Ormsby. Appearances: Clive B. Hilgert, Plaintiff; Dennis Alexander Clifford f/Deft., filed.(caramirez, ) Modified on 1/12/2009 [*corrected hearing date] (ndavila, ). (Entered: 01/09/2009)

Dec. 18, 2008

Dec. 18, 2008

52

ORDER SETTING MEDIATION. Mediation will be held before the undersigned on 1/09/2008 at 10:00 a.m.(Signed by Magistrate Judge Peter E. Ormsby) Parties notified.(mzamarripa, ) (Entered: 12/22/2008)

Dec. 19, 2008

Dec. 19, 2008

Document(s) Sent by certified mail to Clive B. Hilgert; Tracking Number 7004 2510 0004 3293 9030 re: 52 Order, filed. (mzamarripa, ) (Entered: 12/24/2008)

Dec. 24, 2008

Dec. 24, 2008

53

Certified Mail Receipt Returned as to Clive B. Hilgert, executed on 12/27/2008 re: Document Entry #52 sent., filed. (mzamarripa, ) (Entered: 01/07/2009)

Dec. 31, 2008

Dec. 31, 2008

Minute Entry for proceedings held before Magistrate Judge Peter E. Ormsby. MEDIATION held on 1/9/2009. At the request of the parties and with the approval of the District Court, Magistrate Judge Ormsby conducted a mediation with the parties. No settlement was reached at this time. Appearances: Clive B. Hilgert, Plaintiff, Pro Se; Dennis Alexander Clifford, Defendant., filed.(caramirez, ) (Entered: 01/12/2009)

Jan. 9, 2009

Jan. 9, 2009

54

NOTICE of Setting. Parties notified. Status Conference set for 8/6/2009 at 02:30 PM before Judge Ricardo H. Hinojosa, filed. (bgarces, ) (Entered: 06/12/2009)

June 11, 2009

June 11, 2009

55

Unopposed MOTION to Consolidate Lead Case No. 7:07−cv−00094 and Member Case No. 7:09−cv−00154 by George S. May International Company, filed. Motion Docket Date 8/10/2009. (Attachments: # 1 Proposed Order)(Clifford, Dennis) (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. PRETRIAL CONFERENCE held on 8/6/2009. All parties present. The Court notes that a new case was filed by Mr. Hilgert (M−09−154) and a Motion to Consolidate the instant case with the new case was filed which the Court will grant. The Court will also DENY the Motion in Limine without prejudice to refiling. Mr. Clifford states he will be filing an answer and a rule 12b6/motion for summary judgment. If the Deft. will be filing such motion a hearing will be set for 10/9/09 at 2:30 p.m.Appearances:Clive Hilgert. Dennis

Aug. 6, 2009

Aug. 6, 2009

56

MOTION to Dismiss Per Rule 12(b)(6) and Motion for Summary Judgment by George S. May International Company, filed. Motion Docket Date 9/25/2009. (Attachments: # 1 Exhibit A through D, # 2 Proposed Order)(Clifford, Dennis) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

57

Plaintiff's Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment and Defendant's Rule 12(b)(6) motion. by Clive B. Hilgert, filed. Motion Docket Date 10/13/2009. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhbit C, # 4 Exhibit D, # 5 Proposed Order)(mzamarripa, ) (Entered: 09/24/2009)

Sept. 22, 2009

Sept. 22, 2009

58

RESPONSE in Opposition to 57 MOTION for Summary Judgment, filed by George S. May International Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 through 11, # 3 Proposed Order)(Clifford, Dennis) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

59

ORDER TO CONSOLIDATE CASES; granting 55 Unopposed MOTION to Consolidate Lead Case No. 7:07−cv−00094 and Member Case No. 7:09−cv−00154.(Signed by Judge Ricardo H. Hinojosa) Parties notified.(bgarces, ) (Entered: 10/08/2009)

Oct. 7, 2009

Oct. 7, 2009

Document(s) Sent by regular mail to Clive B. Hilgert re: 59 Order to Consolidate Cases (bgarces, ) (Entered: 10/08/2009)

Oct. 8, 2009

Oct. 8, 2009

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. MOTION HEARING held on 10/9/2009. All parties present. The Court addresses Deft.'s Motion to Dismiss and/or Motion for Summary Judgment and makes the following rulings: the Court GRANTS the motion for summary judgment as to the Title VII Retaliation claim; as to the Sabine Pilot claim, which Deft. states he addressed this as public policy claim, the Plaintiff states he did not allege this claim therefore the Court will GRANT the motion as to this claim as well as to the hostile work environment claim. As to the issue of age discrimination claim, the Court will allow discovery only on this issue and this is to be completed by 11/23/09. If anything further will be filed on the age discrimination issue, it is to be filed by 11/30/09 and the Court will continue with this hearing on 12/10/2009 at 02:30 PM before Judge Ricardo H. Hinojosa Appearances:Clive Hilgert, Dennis Alexander Clifford.(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 10/20/2009)

Oct. 9, 2009

Oct. 9, 2009

60

Plaintiff's MOTION to Reconsider the Court's Granting Summary Judgment by Clive B. Hilgert, filed. Motion Docket Date 11/9/2009. (mzamarripa, ) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

61

RESPONSE in Opposition to 60 MOTION for Reconsideration, filed by George S. May International Company. (Attachments: # 1 Exhibit Tab 1, # 2 Proposed Order)(Clifford, Dennis) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

62

NOTICE OF STARTING OF THE DISCOVERY PROCESS ON THE CLAIM OF AGE DISCRIMINATION by Clive B. Hilgert, filed. (mzamarripa, ) (Entered: 10/27/2009)

Oct. 23, 2009

Oct. 23, 2009

64

PLAINTIFF'S MEMORANDUM OF LAW in Support re: 60 MOTION for Reconsideration by Clive B. Hilgert, filed.(szellers, ) (Entered: 11/06/2009)

Nov. 2, 2009

Nov. 2, 2009

63

TRANSCRIPT re: Hearing on Motion to Dismiss and/or Motion for Summary Judgment held on 10/9/09 before Judge Ricardo H. Hinojosa. Court Reporter/Transcriber Exceptional Reporting. Release of Transcript Restriction set for 2/3/2010., filed. (thudson, ) (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

65

Notice of Filing of Official Transcript as to 63 Transcript,. Party notified, filed. (atijerina, ) (Entered: 11/10/2009)

Nov. 5, 2009

Nov. 5, 2009

66

NOTICE by Clive B. Hilgert, filed. (bgarces, ) (Entered: 12/14/2009)

Nov. 30, 2009

Nov. 30, 2009

Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa. MOTION HEARING held on 12/10/2009. All parties present. The Court notes that Mr. Hilgert has filed his motion to reconsider. Mr. Hilgert announces that he also filed a notice with the Court on November 30 on the age discrimination issue and tenders his filed stamp copy to the Court. Arguments heard. Since the Court has not seen Mr. Hilgerts last filing, the Court needs time to review it more closely and will set this case up for a Telephone Conference for 2/5/2010 at 03:30 PM on the age discrimination issue and their motion for summary judgment. Mr. Hilgert will attend in person. Appearances:Clive B. Hilgert, pro se. Dennis Alexander Clifford.(ERO:Tony Tijerina), filed.(mzamarripa, ) (Entered: 12/18/2009)

Dec. 10, 2009

Dec. 10, 2009

Document(s) Sent by regular mail to Clive B. Hilgert re: Telephonic Conference notice set for 2/5/2010 at 3:30 p.m. (mzamarripa, ) (Entered: 12/24/2009)

Dec. 24, 2009

Dec. 24, 2009

Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa. MOTION HEARING held on 2/5/2010. Mr. Clifford is attending telephonically. Mr. Hilgert, proceeding pro se, is present in the courtroom. Pending before the Court is Deft.'s Motion for Summary Judgment on the age discrimination issue. The Court has reviewed the filings and DENIES the motion on the age discrimination claim. The Court will issue a docket control order for 60 days. Appearances:Clive Hilgert, pro se; Dennis Alexander Clifford f/deft(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 02/16/2010)

Feb. 5, 2010

Feb. 5, 2010

67

SCHEDULING ORDER. Joinder of Parties due by 4/16/2010 Discovery due by 4/6/2010; Motions for extension of time to complete discovery 3/7/2010; Dispositive Motion Filing due by 4/16/2010 Non−Dispositive Motion Filing due by 4/16/2010 Joint Pretrial Order due by 5/6/2010 Pretrial Conference set for 5/12/2010 at 02:30 PM before Chief Judge Ricardo H. Hinojosa.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, ) (Entered: 02/08/2010)

Feb. 7, 2010

Feb. 7, 2010

Document(s) Sent by regular mail to Clive B. Hilgert re: 67 Scheduling Order, (bgarces, ) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

68

MOTION to Compel Production of Documents or in the alternative for an In Camera Inspection( Motion Docket Date 4/27/2010.) by Clive B. Hilgert, filed. (bgarces, ) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

69

MOTION for Default Judgment against George S. May International Company by Clive B. Hilgert, filed. Motion Docket Date 5/7/2010. (bgarces, ) (Entered: 04/20/2010)

April 16, 2010

April 16, 2010

70

AFFIDAVIT of Clive Hilgert in Support of Request for Entry of Default against George S. May International Company, filed.(bgarces, ) (Entered: 04/20/2010)

April 16, 2010

April 16, 2010

71

ORDER striking 69 Motion for Default Judgment.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, ) (Entered: 04/23/2010)

April 20, 2010

April 20, 2010

Document(s) Sent by regular mail to Clive B. Hilgert re: 71 Order on Motion for Default Judgment (bgarces, ) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

72

Opposed MOTION for Leave to File Defendant's Opposed Motion for Leave to File Answer to Plaintiff's June 4, 2009 Complaint by George S. May International Company, filed. Motion Docket Date 5/14/2010. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Collins, John) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

73

RESPONSE to 68 MOTION to Compel Production of Documents MOTION For an In Camera Inspection filed by George S. May International Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Collins, John) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

74

MOTION for Entry of Default against George S. May International Company by Clive B. Hilgert, filed. Motion Docket Date 5/21/2010. (bgarces, ) (Entered: 05/03/2010)

April 30, 2010

April 30, 2010

75

AFFIDAVIT in Support of 74 MOTION for Entry of Default against George S. May International Company, filed.(bgarces, ) (Entered: 05/03/2010)

April 30, 2010

April 30, 2010

76

MEMORANDUM in support of 74 MOTION for Entry of Default against George S. May International Company by Clive B. Hilgert, filed.(bgarces, ) (Entered: 05/03/2010)

April 30, 2010

April 30, 2010

78

MOTION In Limine Defendant's First Amended Motion in Limine by George S. May International Company, filed. Motion Docket Date 5/27/2010. (Collins, John) (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employee of George S. May International Company

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

George S. May International Company, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Title VII (including PDA), 42 U.S.C. § 2000e

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Damages

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: 30,873

Issues

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination

National origin discrimination

Race discrimination

Race:

Race, unspecified