Case: Joseph v. Signal International, LLC

1:13-cv-00324 | U.S. District Court for the Eastern District of Texas

Filed Date: May 21, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is part of the series of Signal International cases. It is stayed during defendant's bankruptcy and settlement proceedings.On May 21, 2013, 33 Indian guestworkers filed this lawsuit in the U.S. District Court for the Eastern District of Texas for harm suffered as a result of an allegedly fraudulent and coercive employment recruitment scheme. Plaintiffs filed this suit after District Judge Jay Zainey denied class certification on January 3, 2012 in a related case, David v. Signal Inter…

This case is part of the series of Signal International cases. It is stayed during defendant's bankruptcy and settlement proceedings.

On May 21, 2013, 33 Indian guestworkers filed this lawsuit in the U.S. District Court for the Eastern District of Texas for harm suffered as a result of an allegedly fraudulent and coercive employment recruitment scheme. Plaintiffs filed this suit after District Judge Jay Zainey denied class certification on January 3, 2012 in a related case, David v. Signal International.

Plaintiffs were allegedly brought into the United States to provide labor and services to Defendant Signal International at its Orange, Texas site. Signal is based in Pascagoula, Mississippi and is in the business of providing repairs to offshore oil rigs in the Gulf Coast region. The complaint alleges that plaintiffs paid defendant Signal's recruiters as much as $25,000 for travel, visa, and recruitment fees, but upon arrival in the United States found out they would not receive the green cards promised to them. Instead, plaintiffs were forced to pay additional fees to live in racially segregated labor camps ($1050 per month), and were subject to squalid living conditions and threats of both legal and physical harm if they complained about the conditions or decided not to provide labor. Plaintiffs also alleged that the fear and coercion plaintiffs they experienced were exacerbated upon learning of abuses occurring at Signal's Pascagoula, Mississippi site.

The amended complaint, filed on behalf of 47 individuals, asserted claims under the Trafficking Victims Protection Act (18 U.S.C. §1589 (forced labor) and 18 U.S.C. §1590 (trafficking)), the Racketeer Influenced Corrupt Organizations Act (18 U.S.C. §1962), the Civil Rights Act of 1866 (42 U.S.C. §1981), the Ku Klux Klan Act of 1871 (42 U.S.C. §1985), the Thirteenth Amendment, as well as claims of fraud, negligent misrepresentation, and breach of contract. Plaintiffs were represented by a private law firm.

In February 2014, Magistrate Judge Zack Hawthorn denied Signal's motion to transfer this case to the Eastern District of Louisiana. The plaintiffs in this case only overlapped with the David case insofar as their FLSA claims in the David case were concerned. Additionally, the plaintiffs in this case sued based on events at Signal's Orange, Texas site, whereas plaintiffs in cases pending in the Eastern District of Louisiana sued based on events at Signal's Pascagoula, Mississippi site. Although the Court declined to transfer this case, in May 2014, Magistrate Judge Hawthorn entered a consent order that discovery from the cases in the Eastern District of Louisiana would be allowed to be used here. Additionally, in Dec. 2014, Magistrate Judge Hawthorn severed and transferred Signal's cross-claims against co-defendants (immigration attorneys, recruiters, and labor brokers) to the Eastern District of Louisiana.

In Oct. 2014, Magistrate Judge Hawthorn granted Signal's motion to compel production of plaintiffs' T- and U-visas and applications for such visas. Although a similar motion had already been denied for the cases pending in the Eastern District of Louisiana, the court found that the materials' relevance outweighed any potential in terrorem effect. The Court warned that it would reconsider if Signal sought discovery that was clearly aimed at harassment. Plaintiffs did not comply with this order until Mar. 4, 2015, but the court denied Signal's motion for sanctions, saying its lack of diligence in pursuing the documents rendered it ineligible for relief.

In March 2015, the Court held that Texas laws should apply in the breach of contract and fraud claims, because it did not find that a true conflict existed between Texas and other jurisdictions.

In July 2015, the court stayed the case after Signal filed for bankruptcy. In re Signal Int’l, Inc, et al., No. 15-11498 (Bankr. D. Del. July 12, 2015). As a part of the bankruptcy filings, the plaintiffs entered into a plan support agreement (PSA) which contemplated a settlement of the claims of this lawsuit against Signal entities through a consensual Chapter 11 plan proposed by Signal. The PSA, with a liquidation trust for distribution of settlement proceeds, became effective on Dec. 14, 2015.

In Dec. 2015, in the related EEOC case, the EEOC announced that the parties had reached a settlement for all cases, approved by the bankruptcy court. Signal would pay $5 million to 476 guestworkers through a claims process. All aggrieved individuals included in the litigation could receive relief in spite of the bankruptcy proceedings. Signal's CEO also issued an apology for its conduct.

In this case, Joseph, the parties are updating the court every 120 days as to the status of the bankruptcy proceedings. As of the parties' most recent Feb. 27, 2020 update to the Court, this settlement process remains ongoing.

The stay remains effective in light of Signal's ongoing bankruptcy case.

Summary Authors

Anna Dimon (5/14/2015)

Soojin Cha (11/20/2016)

Ava Morgenstern (12/2/2017)

Related Cases

David v. Signal International, LLC, Eastern District of Louisiana (2008)

Equal Employment Opportunity Commission v. Signal International, LLC, Eastern District of Louisiana (2011)

Achari v. Signal International, LLC, Eastern District of Louisiana (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4386274/parties/joseph-v-signal-international-llc/


Judge(s)

Clark, Ron (Texas)

Hawthorn, Zack (Texas)

Attorneys(s) for Plaintiff

Adams, Daniel D. (New York)

Barnett, Keith (Georgia)

Coco, Nathan F. (Texas)

Colby, Eben P. (Massachusetts)

Dorris, William E. (Georgia)

Duffle, Kara D. (Georgia)

Faulkner, Jaliya S. (Georgia)

Fleming, John Howard (Georgia)

Judge(s)

Clark, Ron (Texas)

Hawthorn, Zack (Texas)

Attorneys(s) for Plaintiff

Adams, Daniel D. (New York)

Barnett, Keith (Georgia)

Coco, Nathan F. (Texas)

Colby, Eben P. (Massachusetts)

Dorris, William E. (Georgia)

Duffle, Kara D. (Georgia)

Faulkner, Jaliya S. (Georgia)

Fleming, John Howard (Georgia)

Ford, Kara D. (Georgia)

Kinsella, Steven R. (Minnesota)

Landers, Daniella (Texas)

Lentz, Kurt (Georgia)

Martinez, Mary Beth (New York)

Mendel, Gabriel Adam (Georgia)

Mock, Travis J. (New York)

Nair, Anjali (Alabama)

Niemeyer, Heather M. (New York)

Ramsey, Shane G (New York)

Sandler, Bradford J. (Delaware)

Shiu, Gary Ka-Kui (Texas)

Stewart, Meredith B. (Louisiana)

Sulmers, Teresa L. (Georgia)

Ward, Bryan M. (Georgia)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Bollman, Patricia Anne F. (Louisiana)

Bowness, Matthew J. (Georgia)

Cerniglia, Timothy W. (Louisiana)

Cornblatt, James L. (Louisiana)

Davis, Lauren Masur (Louisiana)

Gianna, Dominic Joseph (Louisiana)

Hangartner, Erin Casey (Louisiana)

Hasenkampf, Mitchell P. (Louisiana)

Herman, Jonathan Marc (Texas)

Keller, Robert Louis (Louisiana)

Maney, Kevin P. (Louisiana)

Masur Davis, Lauren C. (Louisiana)

Rabbani, Elham (Louisiana)

Roux, Brian C. (Louisiana)

Rydberg, Lance R. (Louisiana)

Shapiro, Stephen H. (Louisiana)

Ungar, Hal D. (Louisiana)

Weinberger, Alan Dean (Louisiana)

Other Attorney(s)

Arvelo, Jose E. (District of Columbia)

Birnbaum, Timothy H. (New York)

Mintz, Benjamin W. (District of Columbia)

Raptis, Stephen T. (District of Columbia)

Sabourian, Kayvon (Texas)

Documents in the Clearinghouse

Document

1:13-cv-00324

Docket

Joseph v. Signal International LLC

Oct. 30, 2019

Oct. 30, 2019

Docket
1

1:13-cv-00324

Complaint

Joseph v. Signal International LLC

May 21, 2013

May 21, 2013

Complaint
74

1:13-cv-00324

Order Denying Signal Defendants' Motion to Transfer

Joseph v. Signal International LLC

Feb. 11, 2014

Feb. 11, 2014

Order/Opinion
99

1:13-cv-00324

Report and Recommendation Denying Defendant Signal's Motion to Dismiss (Doc. No. 70).

Joseph v. Signal International LLC

June 17, 2014

June 17, 2014

Magistrate Report/Recommendation
100

1:13-cv-00324

Report and Recommendation of United States Magistrate

Joseph v. Signal International LLC

2014 U.S.Dist.LEXIS 127486

June 18, 2014

June 18, 2014

Magistrate Report/Recommendation
115

1:13-cv-00324

Order Denying Burnett Defendants' Motion To Transfer

Joseph v. Signal International LLC

July 14, 2014

July 14, 2014

Order/Opinion
124

1:13-cv-00324

Report and Recommendation Denying the Burnett Defendants' Motion to Dismiss (Doc. No. 32)

Aug. 4, 2014

Aug. 4, 2014

Magistrate Report/Recommendation
148

1:13-cv-00324

Memorandum and Order on Signal's Motion to Compel (Doc. No. 127)

Oct. 15, 2014

Oct. 15, 2014

Order/Opinion
205

1:13-cv-00324

Order Severing and Transferring Signal's Cross-Claims to the Eastern District of Lousiana

Dec. 8, 2014

Dec. 8, 2014

Order/Opinion
208

1:13-cv-00324

Third Amended Complaint

Dec. 23, 2014

Dec. 23, 2014

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4386274/joseph-v-signal-international-llc/

Last updated Aug. 6, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-4146745.), filed by Biju Makrukkattu Joseph. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons(es), ***FILED IN ERROR. SUMMONS(ES) ARE NOT FILED AS ATTACHMENTS. THEY NEED TO BE EMAILED TO THE CLERK'S OFFICE FOR ISSUANCE. PLEASE IGNOR.*** # 4 Summons(es), # 5 Summons(es), # 6 Summons(es), # 7 Summons(es), # 8 Summons(es), # 9 Summons(es), # 10 Summons(es), # 11 Summons(es), # 12 Summons(es), # 13 Summons(es), # 14 Summons(es), # 15 Summons(es), # 16 Summons(es), # 17 Summons(es), # 18 Summons(es), # 19 Summons(es), # 20 Summons(es))(Landers, Daniella) (Entered: 05/21/2013)

1 Civil Cover Sheet

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2 Exhibit

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3 Summons(es)

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4 Summons(es)

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5 Summons(es)

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6 Summons(es)

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7 Summons(es)

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8 Summons(es)

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9 Summons(es)

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10 Summons(es)

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11 Summons(es)

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12 Summons(es)

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13 Summons(es)

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14 Summons(es)

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15 Summons(es)

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16 Summons(es)

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17 Summons(es)

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18 Summons(es)

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19 Summons(es)

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20 Summons(es)

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May 21, 2013

May 21, 2013

RECAP
2

FILED IN ERROR. Please ignore.ORDER GOVERNING PROCEEDINGS. Rule 26(f) attorney conference must occur by 6/11/13. Rule 16 Management/Scheduling Conference set for 8/28/2013 at 9:00 AM in Ctrm 2 (Beaumont) before Judge Ron Clark. Signed by Judge Ron Clark on 5/21/13. (tkd, ) Modified on 5/21/2013 (tkd, ). (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

PACER
3

SUMMONS Issued as to All Defendants and emailed to plas' atty for service. (aam, ) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

PACER
4

ORDER REFERRING CASE to Magistrate Judge Zack Hawthorn for all pretrial proceedings. Signed by Judge Ron Clark on 5/22/13. (tkd, ) (Entered: 05/23/2013)

May 22, 2013

May 22, 2013

PACER
5

NOTICE of Attorney Appearance - Pro Hac Vice by Keith Barnett on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-4155821. (Barnett, Keith) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
6

NOTICE of Attorney Appearance - Pro Hac Vice by John H Fleming on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-4159980. (Fleming, John) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

PACER
7

NOTICE of Attorney Appearance - Pro Hac Vice by Kurt Lentz on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-4163747. (Lentz, Kurt) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
8

NOTICE of Attorney Appearance - Pro Hac Vice by Gabriel Adam Mendel on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-4182522. (Mendel, Gabriel) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
9

NOTICE of Attorney Appearance - Pro Hac Vice by Teresa L Sulmers on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-4182825. (Sulmers, Teresa) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
10

NOTICE of Attorney Appearance - Pro Hac Vice by Kara D Duffle on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-4182854. (Duffle, Kara) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
11

WAIVER OF SERVICE Returned Executed by Biju Makrukkattu Joseph. Gulf Coast Immigration Law Center, LLC. waiver sent on 6/25/2013, answer due 8/26/2013. (pkb, ) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
12

WAIVER OF SERVICE Returned Executed by Biju Makrukkattu Joseph. Malvern C. Barnett waiver sent on 6/25/2013, answer due 8/26/2013. (pkb, ) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
13

WAIVER OF SERVICE Returned Executed by Biju Makrukkattu Joseph. Law Offices of Malvern C. Burnett, A.P.C. waiver sent on 6/25/2013, answer due 8/26/2013. (pkb, ) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
14

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Signal International, LLC.( Herman, Jonathan) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
15

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Signal International, Inc..( Herman, Jonathan) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
16

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Signal International Texas, G.P..( Herman, Jonathan) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
17

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Signal International Texas, L.P..( Herman, Jonathan) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
18

FILED IN ERROR. Please ignore.AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit A)(Landers, Daniella) Modified on 8/1/2013 (tkd, ). (Entered: 07/31/2013)

1 Exhibit A

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July 31, 2013

July 31, 2013

PACER
19

FIRST AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs, Pankajakshan Madhavan, Ravi Rowthu, Gijo John, Suresh Kokkoth, Sebastian George Pananijkal, Varghese Kannampuzha Devassy, Joy Kallachiyil Varkey, Biju Potrayil, Abraham Varghese, Vasavan Babu, Iju James, Omanakuttan Govindan Kakkanthara. (Attachments: # 1 Exhibit A)(Landers, Daniella) Modified on 8/2/2013 (tkd, ). (Entered: 08/01/2013)

1 Exhibit A

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Aug. 1, 2013

Aug. 1, 2013

RECAP
20

NOTICE of Attorney Appearance - Pro Hac Vice by Jaliya S Faulkner on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-4248408. (Faulkner, Jaliya) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
21

ADVISORY to the Parties. Signed by Magistrate Judge Zack Hawthorn on 8/6/13. (tkd, ) (Entered: 08/07/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
22

ORDER GOVERNING PROCEEDINGS. Rule 26(f) attorney conference must occur by 9/5/13 with a joint report due 10/10/13. Rule 16 Management/Scheduling Conference set for 10/17/2013 at 10:15 AM in Ctrm 4 (Beaumont) before Magistrate Judge Zack Hawthorn. Signed by Magistrate Judge Zack Hawthorn on 8/6/13. (tkd, ) (Entered: 08/07/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
23

MOTION to Transfer Action Pursuant to First Filed Rule by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order)(Herman, Jonathan) (Entered: 08/19/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Text of Proposed Order

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Aug. 19, 2013

Aug. 19, 2013

PACER
24

MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(b)(6) by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Attachments: # 1 Text of Proposed Order)(Herman, Jonathan) (Entered: 08/19/2013)

1 Text of Proposed Order

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Aug. 19, 2013

Aug. 19, 2013

PACER
25

WAIVER OF SERVICE Returned Executed by All Plaintiffs. J&M Marine & Industrial, L.L.C. waiver sent on 6/25/2013, answer due 8/26/2013. (pkb, ) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
26

WAIVER OF SERVICE Returned Executed by All Plaintiffs. J&M Associates, Inc. of Mississippi waiver sent on 6/25/2013, answer due 8/26/2013. (pkb, ) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
27

WAIVER OF SERVICE Returned Executed by All Plaintiffs. Billy R. Wilks waiver sent on 6/25/2013, answer due 8/26/2013. (pkb, ) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
28

NOTICE of Attorney Appearance - Pro Hac Vice by Erin Casey Hangartner on behalf of Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. Filing fee $ 100, receipt number 0540-4277134. (Hangartner, Erin) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER
29

FILED IN ERROR. Please ignore. MOTION to Dismiss for Lack of Jurisdiction by Law Offices of Malvern C. Burnett, A.P.C.. Responses due by 9/23/2013 (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order Proposed Order)(Cerniglia, Timothy) Modified on 8/26/2013 (tkd, ). (Entered: 08/26/2013)

1 Exhibit Exhibit 1

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2 Text of Proposed Order Proposed Order

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Aug. 26, 2013

Aug. 26, 2013

PACER
30

FILED IN ERROR. Please ignore. MOTION to Dismiss by Law Offices of Malvern C. Burnett, A.P.C.. (Attachments: # 1 Exhibit Exhibit 2, # 2 Text of Proposed Order Proposed Order)(Cerniglia, Timothy) Modified on 8/26/2013 (tkd, ). (Entered: 08/26/2013)

1 Exhibit Exhibit 2

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2 Text of Proposed Order Proposed Order

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Aug. 26, 2013

Aug. 26, 2013

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31

MOTION to Dismiss for Lack of Jurisdiction by Law Offices of Malvern C. Burnett, A.P.C.. (Attachments: # 1 Exhibit 1-Defendant Affidavit, # 2 Proposed Text - Rule 12(b)(2) Order)(Cerniglia, Timothy) (Entered: 08/26/2013)

1 Exhibit 1-Defendant Affidavit

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2 Proposed Text - Rule 12(b)(2) Order

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Aug. 26, 2013

Aug. 26, 2013

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32

MOTION to Dismiss by Law Offices of Malvern C. Burnett, A.P.C.. (Attachments: # 1 Exhibit 2 - La. Complaint, # 2 Proposed Text - Rule 12(b)(6) Order)(Cerniglia, Timothy) (Entered: 08/26/2013)

1 Exhibit 2 - La. Complaint

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2 Proposed Text - Rule 12(b)(6) Order

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Aug. 26, 2013

Aug. 26, 2013

PACER
33

ANSWER to 1 Complaint by Billy R. Wilks, J&M Associates, Inc. of Mississippi, J&M Marine & Industrial, L.L.C. (Attachments: # 1 Letter from Pltf's Atty, # 2 Letter from Billy Wilks)(tkd, ) (Entered: 08/27/2013)

1 Letter from Pltf's Atty

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2 Letter from Billy Wilks

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Aug. 26, 2013

Aug. 26, 2013

PACER
34

NOTICE of Attorney Appearance - Pro Hac Vice by Hal D Ungar on behalf of Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. Filing fee $ 100, receipt number 0540-4285873. (Ungar, Hal) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER
35

NOTICE of Attorney Appearance - Pro Hac Vice by Elham R Rabbani on behalf of Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. Filing fee $ 100, receipt number 0540-4291435. (Rabbani, Elham) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
36

NOTICE of Attorney Appearance - Pro Hac Vice by Dominic J Gianna on behalf of Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. Filing fee $ 100, receipt number 0540-4291466. (Gianna, Dominic) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
37

NOTICE of Attorney Appearance - Pro Hac Vice by Patricia Bollman on behalf of Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. Filing fee $ 100, receipt number 0540-4291488. (Bollman, Patricia) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
38

NOTICE of Attorney Appearance - Pro Hac Vice by Alan Dean Weinberger on behalf of Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. Filing fee $ 100, receipt number 0540-4291539. (Weinberger, Alan) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
39

MOTION Transfer Venue by Law Offices of Malvern C. Burnett, A.P.C.. (Attachments: # 1 Text of Proposed Order)(Cerniglia, Timothy) (Entered: 09/03/2013)

1 Text of Proposed Order

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Sept. 3, 2013

Sept. 3, 2013

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40

MOTION of Plaintiffs First Named in the Amended Complaint to Dismiss Without Prejudice Their Claims Against Defendant Michael Pol by Vasavan Babu, Varghese Kannampuzha Devassy, Iju James, Gijo John, Omanakuttan Govindan Kakkanthara, Suresh Kokkoth, Pankajakshan Madhavan, Sebastian George Pananijkal, Biju Potrayil, Ravi Rowthu, Abraham Varghese, Joy Kallachiyil Varkey. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Landers, Daniella) Modified on 9/5/2013 (tkd, ). (Entered: 09/04/2013)

1 Exhibit A

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2 Text of Proposed Order

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Sept. 4, 2013

Sept. 4, 2013

PACER
41

FILED IN ERROR per attorney. Please ignore.RESPONSE in Opposition re 23 MOTION to Transfer Action Pursuant to First Filed Rule filed by All Plaintiffs. (Attachments: # 1 Appendix A, # 2 Text of Proposed Order)(Landers, Daniella) Modified on 9/5/2013 (tkd, ). (Entered: 09/05/2013)

1 Appendix A

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2 Text of Proposed Order

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Sept. 5, 2013

Sept. 5, 2013

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42

RESPONSE in Opposition re 23 MOTION to Transfer Action Pursuant to First Filed Rule filed by All Plaintiffs. (Attachments: # 1 Appendix A, # 2 Text of Proposed Order)(Landers, Daniella) (Entered: 09/05/2013)

1 Appendix A

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2 Text of Proposed Order

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Sept. 5, 2013

Sept. 5, 2013

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43

RESPONSE in Opposition re 24 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(b)(6) filed by All Plaintiffs. (Attachments: # 1 Appendix A, # 2 Text of Proposed Order)(Landers, Daniella) Modified on 9/6/2013 (tkd, ). (Entered: 09/05/2013)

1 Appendix A

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2 Text of Proposed Order

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Sept. 5, 2013

Sept. 5, 2013

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44

RESPONSE in Opposition re 31 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Appendix, # 4 Text of Proposed Order)(Landers, Daniella) (Entered: 09/12/2013)

1 Exhibit A

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2 Exhibit B

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3 Appendix

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4 Text of Proposed Order

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Sept. 12, 2013

Sept. 12, 2013

PACER
45

REPLY to Response to Motion re 23 MOTION to Transfer Action Pursuant to First Filed Rule filed by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Hangartner, Erin) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
46

REPLY to Response to Motion re 24 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(b)(6) filed by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Hangartner, Erin) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
47

RESPONSE in Opposition re 32 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Appendix, # 3 Text of Proposed Order)(Landers, Daniella) (Entered: 09/12/2013)

1 Exhibit A

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2 Appendix

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3 Text of Proposed Order

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Sept. 12, 2013

Sept. 12, 2013

RECAP
48

FILED IN ERROR. Please ignore. MOTION For Extension Of Time For Service On Defendants by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Landers, Daniella) Modified on 9/19/2013 (tkd, ). (Entered: 09/18/2013)

1 Text of Proposed Order

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Sept. 18, 2013

Sept. 18, 2013

PACER
49

Unopposed MOTION for Extension of Time for Service on Defendants by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Landers, Daniella) Modified on 9/20/2013 (tkd, ). (Entered: 09/19/2013)

1 Text of Proposed Order

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Sept. 19, 2013

Sept. 19, 2013

PACER
50

REPLY to Response to Motion re 31 MOTION to Dismiss for Lack of Jurisdiction filed by Malvern C. Barnett, Gulf Coast Immigration Law Center, LLC., Law Offices of Malvern C. Burnett, A.P.C.. (Cerniglia, Timothy) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
51

REPLY to Response to Motion re 30 MOTION to Dismiss filed by Malvern C. Barnett, Gulf Coast Immigration Law Center, LLC., Law Offices of Malvern C. Burnett, A.P.C.. (Attachments: # 1 Exhibit)(Cerniglia, Timothy) (Entered: 09/19/2013)

1 Exhibit

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Sept. 19, 2013

Sept. 19, 2013

PACER
52

RESPONSE to Motion re 39 MOTION Transfer Venue filed by All Plaintiffs. (Attachments: # 1 Appendix A, # 2 Text of Proposed Order)(Landers, Daniella) (Entered: 09/20/2013)

1 Appendix A

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2 Text of Proposed Order

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Sept. 20, 2013

Sept. 20, 2013

PACER
53

REPLY to Response to Motion re 39 MOTION Transfer Venue filed by Malvern C. Barnett, Gulf Coast Immigration Law Center, LLC., Law Offices of Malvern C. Burnett, A.P.C.. (Cerniglia, Timothy) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
54

SUR-REPLY to Reply to Response to Motion re 23 MOTION to Transfer Action Pursuant to First Filed Rule filed by All Plaintiffs. (Landers, Daniella) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
55

SUR-REPLY to Reply to Response to Motion re 24 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(b)(6) filed by All Plaintiffs. (Landers, Daniella) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
56

SUR-REPLY to Reply to Response to Motion re 31 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Landers, Daniella) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
57

SUR-REPLY to Reply to Response to Motion re 32 MOTION to Dismiss filed by All Plaintiffs. (Landers, Daniella) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
58

SUR-REPLY to Reply to Response to Motion re 39 MOTION Transfer Venue filed by All Plaintiffs. (Landers, Daniella) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
59

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A: Proposed Scheduling Order Deadlines, # 2 Exhibit B: Signal Defendants' Supplemental Contentions of Fact)(Landers, Daniella) (Entered: 10/10/2013)

1 Exhibit A: Proposed Scheduling Order Deadlines

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2 Exhibit B: Signal Defendants' Supplemental Contentions of Fact

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Oct. 10, 2013

Oct. 10, 2013

PACER
60

NOTICE of Discovery Disclosure by All Plaintiffs (Notice of Service of Plaintiffs' Initial Disclosures) (Landers, Daniella) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
61

SCHEDULING ORDER setting various deadlines. Final Pretrial Conference set for 4/9/2015 at 9:00 AM and Jury Selection/ Trial set for 4/13/2015 at 9:00 AM in Ctrm 2 (Beaumont) before Judge Ron Clark. Signed by Magistrate Judge Zack Hawthorn on 10/17/13. (tkd, ) (Entered: 10/18/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
62

Certified Mail GREEN CARD showing receipt of 61 Scheduling Order by Billy R. Wilks on 10/21/13 (tkd, ) (Entered: 10/28/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
63

PROTECTIVE ORDER. Signed by Magistrate Judge Zack Hawthorn on 11/18/13. (tkd, ) (Entered: 11/19/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
64

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs, Paulose Chirackal Airookaran Joseph, Subburaj Rengasamy. (Attachments: # 1 Exhibit)(Landers, Daniella) (Entered: 12/19/2013)

1 Exhibit

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Dec. 19, 2013

Dec. 19, 2013

RECAP
65

SUMMONS Issued as to Sachin Dewan and Dewan Consultants PVT.LTD and sent by FedEX to plas' atty for service(aam, ) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
66

NOTICE of Change of Address by Erin Casey Hangartner (Hangartner, Erin) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
67

ORDER denying without prejudice the following motions: 24 Motion to Dismiss; 31 Motion to Dismiss for Lack of Jurisdiction; 32 Motion to Dismiss; 40 Motion to Dismiss without prejudice the claims against deft Michael Pol. Signed by Magistrate Judge Zack Hawthorn on 1/16/14. (tkd, ) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

RECAP
68

MOTION for Extension of Time to File Service on Foreign Defendants by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Landers, Daniella) (Entered: 01/17/2014)

1 Text of Proposed Order

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Jan. 17, 2014

Jan. 17, 2014

PACER
69

MOTION to Reassert 31 Motion to Dismiss for Lack of Jurisdiction and 32 Motion to Dismiss by Malvern C. Barnett, Gulf Coast Immigration Law Center, LLC., Law Offices of Malvern C. Burnett, A.P.C.. (Attachments: # 1 Text of Proposed Order)(Cerniglia, Timothy) Modified on 1/24/2014 (tkd, ). Modified on 1/24/2014 (tkd, ). (Entered: 01/23/2014)

1 Text of Proposed Order

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Jan. 23, 2014

Jan. 23, 2014

RECAP
70

MOTION to Dismiss (Partially) Pursuant to Fed.R.Civ.P. 12(b)(6) by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Attachments: # 1 Text of Proposed Order)(Hangartner, Erin) (Entered: 01/30/2014)

1 Text of Proposed Order

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Jan. 30, 2014

Jan. 30, 2014

RECAP
71

SUMMONS Returned Executed by All Plaintiffs. Kurella Rao served on 1/4/2014, answer due 1/27/2014. (tkd, ) (Entered: 01/31/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
72

SUMMONS Returned Executed by All Plaintiffs. Indo-Ameri Soft, L.L.C. served on 1/4/2014, answer due 1/27/2014. (tkd, ) (Entered: 01/31/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
73

RESPONSE to Motion re 69 MOTION to Reassert 31 Motion to Dismiss for Lack of Jurisdiction and 32 Motion to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Landers, Daniella) Modified on 2/11/2014 (tkd, ). (Entered: 02/10/2014)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

Feb. 10, 2014

Feb. 10, 2014

RECAP
74

ORDER denying 23 Motion to Transfer Action Pursuant to First Filed Rule. Signed by Magistrate Judge Zack Hawthorn on 2/11/14. (tkd, ) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

RECAP
75

RESPONSE in Opposition re 70 MOTION to Dismiss (Partially) Pursuant to Fed.R.Civ.P. 12(b)(6) filed by All Plaintiffs. (Landers, Daniella) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

RECAP
76

MOTION for Reconsideration re 74 Order denying motion to transfer by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Attachments: # 1 Text of Proposed Order)(Hangartner, Erin) Modified on 2/24/2014 (tkd, ). (Entered: 02/21/2014)

1 Text of Proposed Order

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Feb. 21, 2014

Feb. 21, 2014

PACER
77

RESPONSE in Opposition re 76 MOTION for Reconsideration re 74 Order on Motion for Miscellaneous Relief filed by All Plaintiffs. (Landers, Daniella) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

RECAP
78

REPLY to Response to Motion re 76 MOTION for Reconsideration re 74 Order on Motion for Miscellaneous Relief filed by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Hangartner, Erin) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

PACER
79

NOTICE of Attorney Appearance by Gary Ka-Kui Shiu on behalf of All Plaintiffs (Shiu, Gary) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
80

SUR-REPLY to Reply to Response to Motion re 76 MOTION for Reconsideration re 74 Order on Motion for Miscellaneous Relief filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Landers, Daniella) (Entered: 03/17/2014)

1 Text of Proposed Order

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March 17, 2014

March 17, 2014

PACER
81

MOTION to Withdraw as Attorney of Record (Dominic J. Gianna) by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Attachments: # 1 Text of Proposed Order)(Hangartner, Erin) (Entered: 03/17/2014)

1 Text of Proposed Order

View on PACER

March 17, 2014

March 17, 2014

PACER
82

Unopposed MOTION for Leave to File Supplemental Response To Burnett's Reasserted Motion To Dismiss [ECF-69] by All Plaintiffs. (Landers, Daniella) (Additional attachment(s) added on 3/31/2014: # 1 Proposed Order) (tkd, ). (Entered: 03/25/2014)

1 Proposed Order

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March 25, 2014

March 25, 2014

RECAP
83

RESPONSE to Motion re 69 MOTION to Reassert 31 Motion to Dismiss for Lack of Jurisdiction and 32 Motion to Dismiss filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Landers, Daniella) (Additional attachment(s) added on 3/31/2014: # 2 Revised Proposed Order) (tkd, ). (Entered: 03/25/2014)

1 Text of Proposed Order

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2 Revised Proposed Order

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March 25, 2014

March 25, 2014

RECAP
84

MOTION to Withdraw as Attorney Jonathan M. Herman and Middleberg Riddle Group by Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. (Attachments: # 1 Text of Proposed Order)(Herman, Jonathan) (Entered: 04/03/2014)

1 Text of Proposed Order

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April 3, 2014

April 3, 2014

PACER
85

FILED IN ERROR. Please ignore.First MOTION for Discovery Plaintiffs' First Requests For Production of Documents To Defendants Signal International, L.L.C., Signal International, Inc., Signal International Texas L.P., and Signal International Texas, G.P. by All Plaintiffs. (Landers, Daniella) Modified on 4/7/2014 (tkd, ). (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
86

FILED IN ERROR. Please ignore.First MOTION for Discovery Plaintiffs' First Requests For Production of Documents To Defendants Malveryn C. Burnett, Law Offices of Malvern C. Burnett, A.P.C., and Gulf Coast Immigration Law Center, L.L.C. by All Plaintiffs. (Landers, Daniella) Modified on 4/7/2014 (tkd, ). (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
87

SUMMONS Returned Executed by All Plaintiffs. Sachin Dewan and Dewan Consultants PVT.LTD served on 2/17/2014, answers due 4/18/2014. (tkd, ) (Entered: 04/14/2014)

April 9, 2014

April 9, 2014

PACER
88

NOTICE of Attorney Appearance - Pro Hac Vice by Brian Christopher Roux on behalf of Signal International Texas, G.P., Signal International Texas, L.P., Signal International, Inc., Signal International, LLC. Filing fee $ 100, receipt number 0540-4624081. (Roux, Brian) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
89

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Case Management Conference held on 10/17/2013 before Judge Zack Hawthorn. Court Reporter: Tonya Jackson, Telephone number: 409.654.2833. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/22/2014. Redacted Transcript Deadline set for 6/2/2014. Release of Transcript Restriction set for 7/31/2014. (tj, ) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
90

Agreed MOTION for Extension of Time to File Expert Witness Designations by All Plaintiffs. (Landers, Daniella) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
91

NOTICE by All Plaintiffs of Automatic Stay of Claims Against Defendants Kurella Rao and Indo-Ameri Soft, LLC (Landers, Daniella) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
92

FILED IN ERROR. Please ignore.Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Sachin Dewan, Dewan Consultants PVT.LTD.( Shapiro, Stephen) Modified on 5/29/2014 (tkd, ). (Entered: 05/28/2014)

1 Text of Proposed Order Proposed Order

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2 Exhibit Answer to Second Amended Complaint

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May 28, 2014

May 28, 2014

PACER
93

MOTION for Extension of Time to File Answer re 64 Amended Complaint by Sachin Dewan, Dewan Consultants PVT.LTD. (Attachments: # 1 Text of Proposed Order)(Shapiro, Stephen) (Entered: 06/03/2014)

1 Text of Proposed Order

View on PACER

June 3, 2014

June 3, 2014

PACER
94

ANSWER to 64 Amended Complaint by Sachin Dewan, Dewan Consultants PVT.LTD.(Shapiro, Stephen) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

RECAP
95

Unopposed MOTION for Entry of Consent Orders Regarding Discovery by All Plaintiffs. (Attachments: # 1 Consent Order re Protocols for Production of ESI, # 2 Consent Supplemental Protective Order, # 3 Consent Clawback Order, # 4 Consent Order re Use of Discovery from Related Cases)(Landers, Daniella) Modified on 6/10/2014 (bjc, ). (Entered: 06/09/2014)

1 Consent Order re Protocols for Production of ESI

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2 Consent Supplemental Protective Order

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3 Consent Clawback Order

View on PACER

4 Consent Order re Use of Discovery from Related Cases

View on PACER

June 9, 2014

June 9, 2014

RECAP
96

NOTICE by All Plaintiffs Submission of Expert Disclosure (Landers, Daniella) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
97

ORDER denying 76 Motion pursuant to Federal Rule 72 and LR 72(b) for review of magistrate's decision. Signed by Judge Ron Clark on 6/11/2014. (bjc) (Entered: 06/12/2014)

June 11, 2014

June 11, 2014

PACER
98

MOTION of Amended Plaintiffs to Dismiss Without Prejudice the Claims Against Defendant Michael Pol, filed by All Plaintiffs. (Landers, Daniella) Modified on 6/16/2014 (tkd, ). (Additional attachment(s) added on 6/17/2014: # 1 Proposed Order) (tkd, ). (Entered: 06/13/2014)

1 Proposed Order

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June 13, 2014

June 13, 2014

PACER
99

REPORT AND RECOMMENDATION that 70 Motion to Dismiss should be denied. Signed by Magistrate Judge Zack Hawthorn on 6/12/14. (tkd, ) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

RECAP
100

REPORT AND RECOMMENDATION re 69 Motion to Reassert 31 Motion to Dismiss. It is recommended that 31 Motion to Dismiss should be denied. Signed by Magistrate Judge Zack Hawthorn on 6/18/14. (tkd, ) (Entered: 06/19/2014)

June 18, 2014

June 18, 2014

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Signal International Guest Worker Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 21, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

47 Indian guestworkers fraudulently recruited to work in the U.S.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Billy R. Wilks, None

Signal International, Inc. (Pascagoula), Private Entity/Person

Sachin Dewan (Substantial Business Contacts with New Orleans, LA), None

Michael Pol , None

Malvern C. Burnett (New Orleans, LA), None

Law Offices of Malvern C. Burnett (New Orleans, LA), Private Entity/Person

Kurella Rao (New Orleans, LA), None

J&M Associates of Mississippi, Inc., Private Entity/Person

Indo-Amerisoft, L.L.C. (New Orleans, LA), Private Entity/Person

Gulf Coast Immigration Law Center (New Orleans, LA), Private Entity/Person

Global Resources, Inc., Private Entity/Person

Dewan Consultants (Substantial Business Contacts with New Orleans, LA), Private Entity/Person

J & M Marine & Industrial LLC, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

42 U.S.C. § 1985

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 5,000,000

Issues

General:

Bathing and hygiene

Disparate Treatment

Fines/Fees/Bail/Bond

Food service / nutrition / hydration

Housing

Loss or damage to property

Racial segregation

Retaliation

Sanitation / living conditions

Totality of conditions

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Race:

Asian/Pacific Islander

Type of Facility:

Non-government for profit

Immigration/Border:

Employer sanctions

Employment

Immigration lawyers

Temporary foreign workers program

U.S. citizenship - acquiring

National Origin/Ethnicity:

Indian