Case: Griffin v. Formosa Plastics

No Court

NOTICE OF REMOVAL filed FILING FEE $ 150.00 RECEIPT # 603279 (lmunoz) (Entered: 07/22/2003)

Order setting Initial Pretrial and Scheduling Conference on 11/3/03 at 9:20 a.m. and Order to Disclose Interested Persons, filed. ( Signed by Judge John D. Rainey ) Parties notified. (lmunoz) (Entered: 07/22/2003)

CERTIFICATE OF SERVICE IN REMOVED ACTION re: [2-1] order, (lmunoz) (Entered: 07/24/2003)

DEFENDANT JOE FRANK RODRIGUEZ'S CERTIFICATE OF ENTITITIES WITH A FINANCIAL INTERESTED IN THE OUTCOME OF THIS LITIGATION, filed. (lmunoz) (Entered: 08/01/2003)

DEFENDANTS' DISCLOSURE OF INTERESTED PARTIES, filed. (lmunoz) (Entered: 08/08/2003)

DEFENDANTS' CERTIFICATE OF ENTITIES WITH A FINANCIAL INTEREST IN THE OUTCOME OF THIS LITIGATION, filed. (lmunoz) (Entered: 08/08/2003)

PLAINTIFFS' CERTIFICATE OF ENTITIES WITH A FINANCIAL INTERESTED IN THE OUTCOME OF THIS LITIGATION, filed. (lmunoz) (Entered: 08/11/2003)

ORDER GRANTING MOTION TO CONSOLIDATE the Clerk of the Court shall consolidate Civil Action V-03-81 with Civil Action V-03-77, entered; Parties notified. ( signed by Judge John D. Rainey ) (lmunoz) (Entered: 08/19/2003)

Consolidated Lead Case V-03-77; Member Case V-03-81. (lmunoz)

U.S. CONTRACTORS, INC.'S AFFIRMATIVE DEFENSES AND ORIGINAL ANSWER TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSIONS' COMPLAINT, filed; jury demand (kwallace) (Entered: 09/18/2003)

DEFENDANTS' AMENDED CERTIFICATE OF ENTITIES WITH A FINANCIAL INTERESTED IN THE OUTCOME OF THIS LITIGATION, filed. (lmunoz) (Entered: 09/26/2003)

DEFENDANTS' RULE 26 DISCLOSURE by U.S. Contractors, In, U.S. Contractors, LT, filed. (lmunoz) (Entered: 09/26/2003)

Plaintiff EEOC's Unopposed MOTION to Take Leave to File Its First Amended Complaint ; Motion Docket Date 11/16/03 [12-1] motion, filed. (kwallace) (Entered: 10/27/2003)

ORDER granting Pltf's Unopposed [12-1] motion for Leave of Court to Amend Original Complaint, entered; Parties notified. (signed by Judge John D. Rainey) (kwallace) (Entered: 10/30/2003)

JOINT DISCOVERY/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure, filed. (kwallace) (Entered: 10/31/2003)

CONFERENCE MEMORANDUM Apps: Will Sciba f/plft; Brad Greer f/dft Joe Frank Rodriguez; Dean Herms; f/dft U.S. Contractors; David Rivela f/Dft EEOC; Jennie Randall f/Dft EEOC; Patrick Cullen f/dft Formosa. Rule 16 conference held in chambers. Scheduling order signed, entered. Parties ntfd. ( signed by Judge John D. Rainey ) (lmunoz) (Entered: 11/03/2003)

SCHEDULING ORDER setting Pltf expert witness list submitted by 5/3/04 ; Deft expert witness list submitted by 6/14/04 ; Discovery cutoff 7/23/04 ; Deadline for filing all dispositive motions 8/13/04 ; Deadline for filing non-dispositive motions 8/13/04 ; Pretrial order to be submitted on or before 10/25/04 ; Jury Trial deadline 11/2/04 ETT: 5 days, entered. Parties notified. Trial Term: November 2004 ( Signed by Judge John D. Rainey ) (lmunoz) (Entered: 11/03/2003)

EEOC's Unopposed MOTION to Take Leave to File its Second Amended Complaint ; Motion Docket Date 2/9/04 [17-1] motion, filed. (kwallace) (Entered: 01/20/2004)

ORDER granting Plaintiff EEOC's [17-1] motion to Take Leave to File its Second Amended Complaint, entered; Parties notified. (signed by Judge John D. Rainey) (kwallace) (Entered: 01/22/2004)

SECOND AMENDED COMPLAINT by the EEOC, filed. (kwallace) (Entered: 01/27/2004)

AGREED MOTION for Entry of Protective Order by U.S. Contractors, Inc and U.S. Contractors, LTD; Motion Docket Date 4/7/04 [20-1] motion, filed. (kwallace) (Entered: 03/18/2004)

AGREED PROTECTIVE ORDER granting Agreed [20-1] motion for Entry of Protective Order, entered. Parties ntfd. (Signed by John D. Rainey) (kwallace) (Entered: 03/19/2004)

PLAINTIFF'S UNOPPOSED MOTION for leave to file Third Amended Original Complaint, Motion Docket Date 4/26/04 [22-1] motion, filed. (lmunoz) Modified on 04/08/2004 (Entered: 04/08/2004)

NOTICE of Appearance of Counsel by Equal Employment Opportunity Commission, filed. (kwallace) (Entered: 04/12/2004)

Plaintiff Equal Employment Opportunity Commission's Expert Disclosures, filed. (kwallace) (Entered: 05/03/2004)

Plaintiffs', Elva Griffin, Anita Herriges, Aniyerita Velazquez and Lynn Stoebner, Expert Disclosures, filed. (kwallace) (Entered: 05/06/2004)

ORDER granting Plaintiff's Unopposed [22-1] motion for leave to file Third Amended Original Complaint, entered; Parties notified. (signed by Judge John D. Rainey) (kwallace) (Entered: 05/05/2004)

Plaintiffs' Third AMENDED ORIGINAL COMPLAINT, filed. (kwallace) (Entered: 05/05/2004)

Plaintiffs' Notice of Intention to take the Oral/Video Deposition of Jimmy Lapier and of Documents to be Produced, filed. (kwallace) (Entered: 06/03/2004)

Plaintiffs' Notice of Intention to take the Oral/Video Deposition of Ron Hare, filed. (kwallace) (Entered: 06/03/2004)

Plaintiffs' First Amended Notice of Intention to take the Oral/Video Deposition of Garland "Speedy" Wells and of Documents to be Produced, filed. (kwallace) (Entered: 06/03/2004)

Plaintiffs' Second Amended Notice of Intention to take the Oral/Video Deposition of Garland "Speedy" Wells and of Documents to be Produced, filed. (kwallace) (Entered: 06/04/2004)

Plaintiffs' First Amended Notice of Intention to take the Oral/Video Deposition of Jimmy Lapier and of Documents to be Produced, filed. (kwallace) (Entered: 06/04/2004)

Plaintiffs' Third Amended Notice of Intention to take the Oral/Video Deposition of Garland "Speedy" Wells and of Documents to be Produced, filed. (kwallace) (Entered: 06/04/2004)

Defendant Joe Frank Rodriguez's NOTICE of Change of Address of Counsel, filed. (kwallace) (Entered: 06/07/2004)

Unopposed MOTION to Withdraw as Attorneys and to Substitute Counsel by Glenn Dobbs; Motion Docket Date 6/27/04 [35-1] motion, 6/27/04 [35-2] motion, filed. (kwallace) (Entered: 06/07/2004)

Plaintiffs', Elva Griffin, Anita Herriges, Aniyeritza Velazquez, and Lynn Stoebner, UNOPPOSED MOTION for Leave to File Supplemental Designation of Expert Witnesses ; Motion Docket Date 6/28/04 [36-1] motion, filed. (kwallace) (Entered: 06/09/2004)

Plaintiffs' Elva Griffin, Anita Herriges, Aniyeritza Velaquez and Lynn Stoebner, NOTICE for Additional Means of Recording Deposition of Glenn Dobbs, filed. (kwallace) (Entered: 06/09/2004)

ORDER On Unopposed Motion to Withdraw as Attorneys and to Substitute Counsel: Granting Defendant Dobb's [35-1] motion to Withdraw as Attorneys and granting [35-2] motion to Substitute Counsel, entered; Parties notified. (signed by Judge John D. Rainey) (kwallace) (Entered: 06/10/2004)

ORDER on Plaintiffs', Elva Griffin, Anita Herriges, Aniyeritza Velazquez, and Lynn Stoebner, Unopposed Motion for Leave to File Supplemental Expert Disclosures: Granting Plaintiff's [36-1] motion for Leave to File Supplemental Designation of Expert Witnesses, entered; Parties (signed by Judge John D. Rainey) (kwallace) (Entered: 06/10/2004)

Plaintiffs', Elva Griffin, Anita Herriges, Aniyeritza Velazquez, and Lynn Stoebner, SUPPLEMENTAL [27-1] Expert Disclosures, filed. (kwallace) (Entered: 06/10/2004)

Defendant U.S. Contractors, Ltd.'s DESIGNATION OF EXPERT WITNESSES, filed. (kwallace) (Entered: 06/15/2004)

EEOC's MOTION to Quash Defendant's Deposition Notice and for Protective Order ; Motion Docket Date 7/14/04 [42-1] motion, 7/14/04 [42-2] motion, filed. (kwallace) (Entered: 06/24/2004)

Plaintiff's Unopposed MOTION for Leave to File Fourth Amended Original Complaint ; Motion Docket Date 7/20/04 [43-1] motion, filed. (kwallace) (Entered: 06/30/2004)

ORDER granting Plaintiff's Unopposed [43-1] Motion for Leave to File thier Fourth Amended Original Complaint, entered; Parties notified. (signed by Judge John D. Rainey) (kwallace) (Entered: 07/07/2004)

Plaintiffs' Fourth AMENDED Original COMPLAINT by Elva Griffin, Anita Herriges, Aniyerita Velazquez and Lynn Stoebner, filed. (kwallace) (Entered: 07/08/2004)

Unopposed Joint MOTION for Continuance by U.S. Contractors, LTD, Formosa Plastics Corp, USA and Formosa Plastics Corp, Texas; Motion Docket Date 8/3/04 [46-1] motion, filed. (kwallace) (Entered: 07/14/2004)

ORDER granting Joint [46-1] motion for Continuance; Reset discovery due for 8/27/04, and reset dispositive motion filing deadline for 9/10/04, entered; Parties notified. (signed by Judge John D. Rainey) (kwallace) (Entered: 07/16/2004)

APPLICATION for Order to Show Cause Re Contempt for Refusal to Comply with Subpoena Duces Tecum by U.S. Contractors, Ltd. and Formosa Plastics Corp, Texas; Motion Docket Date 8/10/04 [48-1] motion, filed. (kwallace) (Entered: 07/21/2004)

Plaintiffs' Elva Griffin, Anita Herriges, Aniyeritza Velazquez, and Lynn Stoebner, Notice of Intention to Take the Oral/Video Deposition of Jim Quitta, filed. (kwallace) (Entered: 07/28/2004)

ORDER TO SHOW CAUSE: Show Cause Hearing - Ronald J. Hare must appear before this Court at 9:30 a.m. on 8/19/04, entered. Additional specific directives are further outlined in this Order. Parties notified (signed by Judge John Rainey) (kwallace) (Entered: 08/03/2004)

MOTION for Leave to file Amended Answer and Cross-Claim by Defendants Formosa Plastics Corporation, Texas and Formosa Plastics Corporation, U.S.A. ; Motion Docket Date 8/23/04 [51-1] motion, filed. (kwallace) (Entered: 08/03/2004)

Plaintiff's Elva Griffin NOTICE of Intention to take Oral / Video Deposition of Kotturappa Kumar, MD, filed. (kwallace) (Entered: 08/05/2004)

Plaintiffs' Elva Griffin, Anita Herriges, Aniyeritza Velazquez and Lynn Stoebner, NOTICE for Additional Means of Recording Depositions of Bill Holladay, Ray Alvarez, Amy Shipp and Avelina "Abby" Garza, filed. (kwallace) (Entered: 08/10/2004)

Plaintiff's, Aniyeritza Velazquez, NOTICE of Intention to take oral/video deposition of Scott Stein, D.O., filed. (kwallace) (Entered: 08/10/2004)

Defendant U.S. Contractors, Ltd.'s MOTION to strike members of "Similarly Situated" class or in the alternative, MOTION for continuance of current trial setting ; Motion Docket Date 9/1/04 [55-1] motion, 9/1/04 [55-2] motion, filed. (kwallace) (Entered: 08/12/2004)

Plaintiff's MOTION to Compel Discovery and Memorandum in Support of Motion to Compel ; Motion Docket Date 9/1/04 [56-1] motion, filed. (kwallace) (Entered: 08/12/2004)

Declaration of Amy Shipp by Plaintiffs, filed. (kwallace) (Entered: 08/12/2004)

RETURN OF SERVICE executed: Ronald Hare was served with the Court's Order to Show Cause (dkt #50) by USM on 8/5/04, filed. (kwallace) (Entered: 08/12/2004)

Plaintiffs' Elva Griffin, Anita Herriges, Aniyerita Velazquez and Lynn Stoebner, NOTICE for Additional Means of Recording Deposition of David Shipp, filed. (kwallace) (Entered: 08/19/2004)

Show cause hearing held before Judge John D. Rainey; Ct Reporter: S. Carlisle. Apps: Travis Edwards f/pltfs; Bill Seerdan f/Formosa Plastics; Dean Hermes and Drew Tipton f/U.S. Contractors; David Rivela f/EEOC. Ronald James Hare appeared without counsel. Court recessed the hearing and ORDERED Mr. Hare to hire an attorney immediately. Roland Carlson retained. Testimony presented. Ronald James Hare was found to be in contempt of Court. This hearing will resume on 08/30/04 at 5:30 p.m. Counsel for USC will prepare and submit written order. Reset show cause hearing for 08/30/04 before Judge John D. Rainey (kwallace) (Entered: 08/19/2004)

FINANCIAL AFFIDAVIT as to Ronald James Hare, filed. (kwallace) (Entered: 08/19/2004)

Exhibit list by U.S. Contractors, filed. (kwallace) (Entered: 08/19/2004)

Deadline updated; Set show cause hearing for 5:30 8/30/04 before Judge John D. Rainey (kwallace)

Plaintiff Equal Opportunity Commissioner's RESPONSE to Defendant U.S. Contractors, Ltd.'s [55-1] motion to Strike Members of "Similarly Situated" class, filed. (kwallace) (Entered: 08/25/2004)

ORDER: The Court FINDS Mr. Ron Hare in CONTEMPT OF COURT and SENTENCES Mr. Hare to 30 days in jail. In addition, the Court ORDERS Mr. Hare to pay Deft. U.S. Contractors, Inc. the sum of $4,230 and to Deft Formosa Plastics Corporation, Texas the sum of $3,500 in reasonable attorney fees, entered. In the event that Mr. Hare complies with the requirements outlined in this Order, the Court will suspend the 30 day sentence and will reduce the amounts owed by Mr. Hare to the Defendants by fifty percent. Parties notified. (signed by Judge John D. Rainey) (kwallace) (Entered: 08/30/2004)

Show cause hearing (Day 2) held before Judge John D. Rainey. Ct Reporter: R. Payton, Appearances: Will Sciba f/Plaintiffs David Rivela f/EEOC; William Seerden and Pat Cullen f/Deft Formosa; Dean Hermes and Drew Tipton f/US Contractors; Roland Carlson f/ Witness,Ronald J. Hare. Witness: Ronald J. Hare. Testimony presented. Hearing recessed to allow Mr. Hare and counsel to locate J.T. Finley and the tapes. A telephone status conference is set for 9/13/04 @ 5:00 p.m. The Court reserves ruling at this time as to the sanctions to be imposed on Mr. Hare. Another hearing on this matter may be set at a later date. Deft US Contractors to submit an order to memorialize the rulings made today. Set telephone status conference for 09/13/04 at 5:00 p.m. before Judge John D. Rainey (ltesch) Modified on 08/31/2004 (Entered: 08/31/2004)

RONALD J. HARE'S RESPONSE TO THE COURT'S REQUEST FOR INFORMATION, filed. (ltesch) (Entered: 08/31/2004)

Copy of Order (dkt #64) faxed to Roland Carlson. (kwallace)

Deadline updated; Set telephone conference for 5:00 9/13/04 before Judge John D. Rainey (ltesch)

TRANSCRIPT of Show Cause Hearing held on August 30, 2004 before Judge John D. Rainey. Court Reporter: Regina Payton, filed. (kwallace, ) (Entered: 09/05/2004)

Plaintiff Equal Employment Opportunity Commission's MOTION for Leave to File a Supplemental Exhibit to the EEOC's Response to Defendant U.S. Contractors, Ltd.'s Motion to Strike Members of "Similarly Situated" class, filed. Motion Docket Date 9/27/2004. (Attachments: # 1 Proposed Order)(kwallace, ) (Entered: 09/07/2004)

TRANSCRIPT of Show Cause Hearing held on August 19, 2004 before Judge John D. Rainey. Court Reporter: Regina Payton, filed. (kwallace, ) (Entered: 09/07/2004)

Proposed "ORDER" regarding Show Cause Hearing, filed.(kwallace, ) (Entered: 09/09/2004)

Defendant U.S. Contractors, Ltd.'s REPLY to EEOC's Response to Motion to Strike Members of "Similarly Situated" Class, filed. (kwallace, ) Additional attachment(s) added on 9/14/2004 (jrichards, ). (Entered: 09/14/2004)

Plaintiffs', Elva Griffin, Anita Herriges, Aniyeritza Velazquez, and Lynn Stoebner, RESPONSE to Defendants US Contractors, Ltd. and Formosa Plastics Corporation, Texas 48 Application for Order to Show Cause re: Contempt for Refusual to Comply with Subpoena Duces Tecum, filed. (kwallace, ) (Entered: 09/13/2004)

Plaintiff's First Amended NOTICE of Intention to Take Oral/Video Deposition of Kotturappa Kumar, M.D. by Elva Griffin, filed. (jrichards, ) (Entered: 09/13/2004)

CONFERENCE MEMORANDUM: The Show Cause Hearing will resume at 11:00 a.m. on September 27, 2004. Apps: Drew Tipton, Roland Carlson, David Carl Rivela, William Louis Sciba III, and William W Seerden. ( Signed by Judge John D. Rainey ) Parties notified.(kwallace, ) (Entered: 09/14/2004)

***Set/Reset Hearings: Show Cause Hearing set for 9/27/2004 10:00 AM before Judge John D. Rainey. (kwallace, )

Plaintiff's, Aniyeritza Velazquez, First Amended 54 Notice of Intention to take oral/video deposition of Scott Stein, D.O., filed.(kwallace, ) (Entered: 09/15/2004)

Defendant U.S. Contractors, Ltd.'s SUPPLEMENT to its REPLY to EEOC's RESPONSE to MOTION to Strike Members of "Similarly Situated" Class, filed.(kwallace, ) (Entered: 09/15/2004)

NOTICE TO COURT: Ronald B. Walker and Terry Carroll, Jr. of Walker, Keeling & Carroll, LLP no longer represent a party in this lawsuit, filed. (kwallace, ) Modified on 9/30/2004: To correct date filed (ltesch, ). (Entered: 09/27/2004)

Minute Entry for proceedings held before Judge John D. Rainey. SHOW CAUSE HEARING held on 9/27/2004 (Day 3). Testimony presented. Hearing Concluded. Witnesses: John Thomas Finley; Julie Finley; Raymond McBride; Ronald Hare. The Court rescinds its previous Order dated 08/27/04 and rules as follows: The Court found Ronald J. Hare to be in contempt of court. Mr. Hare is ORDERED to pay $4,230 to US Contractors and $3,500 to Formosa Plastics Corp. in full within thirty (30) days. Mr. Hare is further ORDERED to report to the US Marshal located on the 3rd floor @ 10:00 a.m. on Thursday, September 30, 2004 to be held in custody until Mr. Hare delivers the tapes to the Court or provides information on their whereabouts. Appearances: Eduaro Juarez, Pat Cullen, Roland Carlson, C Dean Herms Jr, David Carl Rivela, William Louis Sciba III and William W Seerden. (Court Reporter: R. Payton), filed.(kwallace, ) (Entered: 09/27/2004)

ORDER OF CONTEMPT AND ORDER OF COMMITMENT: The Court ORDERS that Mr. Hare is in Contempt of Court and is hereby sentenced to thirty days of incarceration in a detention facility until such time as he purges himself of contempt by producing tapes or producing credible evidence as to the whereabouts of the tapes as ORDERED by the Court. The Court ORDERS that Mr. Hare shall pay Defendant U.S. Contractors, Inc. the sum of $4,230.00 and Defendant Formosa Plastics Corporation, Texas, the sum of $3,500.00 for attorney fees incurred relating to this contempt proceeding. Mr. Hare shall pay these fees within thirty (30) days from the date of this Order.( Signed by Judge John D. Rainey ) Parties notified.(kwallace, ) (Entered: 09/30/2004)

Ex Parte Request for Bond to be Set by Ronald J. Hare, filed.(kwallace, ) (Entered: 10/04/2004)

Plaintiff Equal Employment Opportunity Commission's MOTION to Take Leave to file a Supplemental Response to Defendant U.S. Contractors, Ltd.'s MOTION to Strike Members of "Similarly Situated" Class, filed. (Attachments: # 1 Exhibit # 2 Proposed Order)(kwallace, ) (Entered: 10/04/2004)

Letter from David Rivela regarding Settlement, filed. (kwallace, ) (Entered: 10/06/2004)

ORDER granting Ronald J. Hare's 80 Motion for Bond. Mr.Hare shall be released on bond pending an appeal subject to the conditions specified in this Order. ( Signed by Judge John D. Rainey ) Parties notified.(kwallace, ) (Entered: 10/06/2004)

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re 64 Order, by Ronald J. Hare, filed.(lmunoz, ) (Entered: 10/06/2004)

NOTICE of Pending Settlement, filed. (kwallace, ) (Entered: 10/06/2004)

Transmittal Letter to US Court of Appeals for the Fifth Circuit re 84 Notice of Appeal. Fee status: not paid, filed.(kwallace, ) (Entered: 10/06/2004)

Notice of Docketing Notice of Appeal from US Court of Appeals for the Fifth Circuit re: 84 Notice of Appeal. USCA No. 04-41337, filed.(kwallace, ) (Entered: 10/19/2004)

ORDER: The Parties informed this Court that this action has SETTLED. The Parties are ORDERED to submit closing papers no later than thirty (30) days after the entry of this Order, or this case will be dismissed.( Signed by Judge John D. Rainey ) Parties notified.(kwallace, ) (Entered: 10/26/2004)

Unopposed MOTION for Enlargment of Deadline for Filing Closing Papers by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order)(kwallace, ) (Entered: 11/18/2004)

ORDER granting EEOC's 90 Motion for Extension of Time to file closing papers.( Signed by Judge John D. Rainey ) Parties notified.(kwallace, ) (Entered: 11/19/2004)

Unopposed MOTION to Dismiss by Elva Griffin, Anita Herriges, Aniyerita Velazquez and Lynn Stoebner, filed. (Attachments: # 1 Proposed Order)(kwallace, ) (Entered: 11/23/2004)

ORDER granting Plaintiff's 92 Motion to Dismiss Defendants Formosa Plastics Corporation, Texas and Formosa Plastics Corporation, USA.( Signed by Judge John D. Rainey ) Parties notified.(kwallace, ) (Entered: 11/24/2004)

Unopposed MOTION to Dismiss by Elva Griffin, Anita Herriges, Aniyerita Velazquez and Lynn Stoebner, filed. (Attachments: # 1 Proposed Order)(kwallace, ) (Entered: 11/24/2004)

JUDGMENT of USCA for the Fifth Circuit (certified copy) dated 11/16/04; issued as mandate 11/16/04; dismissing the case for want of prosecution re 84 Notice of Appeal USCA No. 04-41337, filed. (Attachments: # 1 Cover letter)(kwallace, ) (Entered: 11/24/2004)

CORRECTED JUDGMENT of USCA for the Fifth Circuit (certified copy) dated 11/16/04; issued as mandate 11/16/04; dismissing appeal for want of prosecution re 84 Notice of Appeal USCA No. 04-41337, filed.(kwallace, ) (Entered: 11/24/2004)