Case: Silguero v. CSL Plasma, Inc.

Silguero v. CSL Plasma

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

Texas state supreme court

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT against CSL Plasma, Inc. (Filing fee $ 400 receipt number 0541-17135319) filed by Mark Silguero. (Attachments: # 1 Civil Cover Sheet)(East, Brian) (Entered: 08/24/2016)

1 Civil Cover Sheet

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Request for Issuance of Summons as to CSL Plasma, Inc., filed.(East, Brian) (Entered: 08/24/2016)

ORDER setting deadline. Joint Discovery/Case Management Plan due by 11/22/2016.(Signed by Judge Hilda G Tagle) Parties notified.(avleal, 1) (Entered: 08/25/2016)

Summons Issued as to CSL Plasma, Inc.. Issued summons returned to plaintiff by: First-class mail, filed.(idavis, 2)

Summons Issued/Not Issued

CERTIFICATE OF INTERESTED PARTIES by Mark Silguero, filed.(East, Brian) (Entered: 09/07/2016)

MOTION for Bruce J. Douglas to Appear Pro Hac Vice by CSL Plasma, Inc., filed. Motion Docket Date 9/29/2016. (Douglas, Bruce) (Additional attachment(s) added on 9/9/2016: # 1 Motion Pro Hac Vice) (dterrell, 2). (Entered: 09/08/2016)

CERTIFICATE OF SERVICE of 5 MOTION for Bruce J. Douglas to Appear Pro Hac Vice by CSL Plasma, Inc., filed.(Douglas, Bruce) (Entered: 09/08/2016)

ORDER granting 5 Motion to Appear Pro Hac Vice as to Bruce J. Douglas.(Signed by Judge Hilda G Tagle) Parties notified.(mperez, 1) (Entered: 09/27/2016)

ANSWER to 1 Complaint by CSL Plasma, Inc., filed.(Douglas, Bruce) (Entered: 09/27/2016)

CORPORATE DISCLOSURE STATEMENT by CSL Plasma, Inc. identifying CSL Behring LLC and CSL Limited as Corporate Parent, filed.(Douglas, Bruce) (Entered: 09/27/2016)

RETURN of Service of SUMMONS Executed as to CSL Plasma, Inc. served on 9/6/2016, answer due 9/27/2016, filed.(East, Brian) (Entered: 11/08/2016)

JOINT DISCOVERY/CASE MANAGEMENT PLAN by CSL Plasma, Inc., filed. (Attachments: # 1 Proposed Order)(Douglas, Bruce) (Entered: 11/17/2016)

1 Proposed Order

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SCHEDULING ORDER Pltf Expert Witness List due by 4/14/2017. Deft Expert Witness List due by 5/15/2017. Mediation due by 2/1/2017. Discovery due by 7/14/2017. Dispositive Motion Filing due by 7/31/2017. Joint Pretrial Order due by 10/5/2017. Final Pretrial Conference set for 10/19/2017 at 02:00 PM before Judge Hilda G Tagle. (Signed by Judge Hilda G Tagle) Parties notified.(sscotch, 2) (Entered: 12/07/2016)

Alternative Dispute Resolution STATUS REPORT by CSL Plasma, Inc.. Have parties agreed to mediate? Yes. Mediation will occur (to be determined). Name of mediator: (to be determined), filed.(Douglas, Bruce) (Entered: 02/01/2017)

MOTION for Stephanie J. Willing to Appear Pro Hac Vice by CSL Plasma, Inc., filed. Motion Docket Date 3/14/2017. (Douglas, Bruce) (Additional attachment(s) added on 2/22/2017: # 1 Verified Motion Pro Hac Vice) (idavis, 2). (Entered: 02/21/2017)

CERTIFICATE OF SERVICE of 14 MOTION for Stephanie J. Willing to Appear Pro Hac Vice by CSL Plasma, Inc., filed.(Douglas, Bruce) (Entered: 02/21/2017)

ORDER granting 14 Motion for Stephanie J. Willing to Appear Pro Hac Vice.(Signed by Judge Hilda G Tagle) Parties notified.(scastillo, 1) (Entered: 02/22/2017)

MOTION to Intervene by Mark Silguero, filed. Motion Docket Date 3/24/2017. (Attachments: # 1 Exhibit Complaint in Intervention, # 2 Proposed Order)(East, Brian) (Entered: 03/03/2017)

1 Exhibit Complaint in Intervention

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2 Proposed Order

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MEMORANDUM of Law in Support of Motion to Intervene re: 17 MOTION to Intervene by Mark Silguero, filed.(East, Brian) (Entered: 03/03/2017)

RESPONSE in Opposition to 17 MOTION to Intervene, filed by CSL Plasma, Inc.. (Attachments: # 1 Proposed Order)(Willing, Stephanie) (Entered: 03/22/2017)

REPLY in Support of 17 MOTION to Intervene, filed by Mark Silguero. (East, Brian) (Entered: 03/25/2017)

ORDER granting 17 Motion to Intervene.(Signed by Judge Hilda G Tagle) Parties notified.(jmarks, 2) (Entered: 03/29/2017)

MOTION for Lia S. Davis to Appear Pro Hac Vice by Mark Silguero, filed. Motion Docket Date 4/20/2017. (East, Brian) (Additional attachment(s) added on 3/31/2017: # 1 Pro Hac Vice) (dterrell, 2). (Entered: 03/30/2017)

Unopposed MOTION to Substitute Attorney Lia S. Davis in place of Rachel Cohen-Miller by Mark Silguero, filed. Motion Docket Date 4/20/2017. (Attachments: # 1 Proposed Order)(East, Brian) (Entered: 03/30/2017)

ORDER striking 22 Motion to Appear Pro Hac Vice.(Signed by Judge Hilda G Tagle) Parties notified.(avleal, 1) (Entered: 03/31/2017)

MOTION for Lia S. Davis to Appear Pro Hac Vice by Mark Silguero, Amy Wolfe, filed. Motion Docket Date 4/24/2017. (East, Brian) (Entered: 04/03/2017)

MOTION for Lia S. Davis to Appear Pro Hac Vice by Mark Silguero, Amy Wolfe, filed. Motion Docket Date 4/24/2017. (East, Brian) (Additional attachment(s) added on 4/4/2017: # 1 Motion Pro Hac Vice) (dterrell, 2). (Entered: 04/03/2017)

ORDER granting 25 Motion for Lia S. Davis to Appear Pro Hac Vice ; granting 26 Motion. (Signed by Judge Hilda G Tagle) Parties notified.(avlealadi, 1) (Entered: 04/05/2017)

ORDER granting 23 Motion to Substitute Attorney. Rachel Cohen-Miller is relieved of her obligations and duties to this court as counsel for the Plaintiff in this case. (Signed by Judge Hilda G Tagle) Parties notified.(avlealadi, 1) (Entered: 04/05/2017)

Unopposed MOTION for Extension of Time to Answer Intervenor Plaintiff's Complaint by CSL Plasma, Inc., filed. Motion Docket Date 5/4/2017. (Attachments: # 1 Proposed Order)(Willing, Stephanie) (Entered: 04/13/2017)

ORDER granting 29 Motion for Extension of Time Answer due by 4/30/2017.(Signed by Judge Hilda G Tagle) Parties notified.(amireles, 2) (Entered: 04/17/2017)

Answer to Intervenor Plaintiff's Complaint by CSL Plasma, Inc., filed.(Willing, Stephanie) (Entered: 04/26/2017)

Joint MOTION to Extend Discovery and Dispositive Motion Deadlines by CSL Plasma, Inc., filed. Motion Docket Date 6/5/2017. (Attachments: # 1 Proposed Order)(Willing, Stephanie) (Entered: 05/15/2017)

ORDER granting 32 Joint MOTION to Extend Discovery and Dispositive Motion Deadlines ( Deft Expert Report due by 5/30/2017., Discovery due by 7/28/2017., Dispositive Motion Filing due by 8/14/2017.)(Signed by Judge Hilda G Tagle) Parties notified.(mserpa, 2) (Entered: 05/17/2017)

MOTION for Summary Judgment by CSL Plasma, Inc., filed. Motion Docket Date 9/5/2017. (Attachments: # 1 Appendix, # 2 Proposed Order)(Willing, Stephanie) (Entered: 08/14/2017)

1 Appendix

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2 Proposed Order

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MOTION for Partial Summary Judgment by Mark Silguero, filed. Motion Docket Date 9/5/2017. (Attachments: # 1 Appendix, # 2 Proposed Order)(East, Brian) (Entered: 08/14/2017)

1 Appendix

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2 Proposed Order

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MOTION for Partial Summary Judgment by Amy Wolfe, filed. Motion Docket Date 9/5/2017. (Attachments: # 1 Appendix, # 2 Proposed Order)(East, Brian) (Entered: 08/14/2017)

RESPONSE in Opposition to 35 MOTION for Partial Summary Judgment, filed by CSL Plasma, Inc.. (Attachments: # 1 Appendix part 1, # 2 Appendix part 2)(Willing, Stephanie) (Entered: 09/01/2017)

RESPONSE in Opposition to 36 MOTION for Partial Summary Judgment, filed by CSL Plasma, Inc.. (Attachments: # 1 Appendix)(Willing, Stephanie) (Entered: 09/01/2017)

Joint RESPONSE in Opposition to 34 MOTION for Summary Judgment, filed by Mark Silguero, Amy Wolfe. (Attachments: # 1 Appendix)(East, Brian) (Entered: 09/05/2017)

1 Appendix

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NOTICE OF RESETTING. Final Pretrial Conference reset for 11/16/2017 at 02:00 PM before Judge Hilda G Tagle, filed. (scavazos, 1) (Entered: 09/06/2017)

Joint REPLY in Support of 36 MOTION for Partial Summary Judgment, 35 MOTION for Partial Summary Judgment, filed by Mark Silguero, Amy Wolfe. (Attachments: # 1 Exhibit A)(East, Brian) (Entered: 09/15/2017)

REPLY in Support of 34 MOTION for Summary Judgment, filed by CSL Plasma, Inc.. (Willing, Stephanie) (Entered: 09/19/2017)

Joint MOTION to Extend Pretrial Motions and Joint Pretrial Order Deadlines by CSL Plasma, Inc., filed. Motion Docket Date 10/13/2017. (Attachments: # 1 Proposed Order)(Willing, Stephanie) (Entered: 09/22/2017)

ORDER granting 43 Joint MOTION to Extend Pretrial Motions and Joint Pretrial Order Deadlines ( Pretrial motions and Joint Pretrial Order extended to 11/2/2017).(Signed by Judge Hilda G Tagle) Parties notified.(amireles, 2) (Entered: 09/25/2017)

Proposed Findings of Fact/Conclusions of Law by CSL Plasma, Inc.(Willing, Stephanie) (Entered: 11/02/2017)

MOTION to Preclude Unreliable and Irrelevant Opinions of Defendant's Expert John Nelson by Mark Silguero, Amy Wolfe, filed. Motion Docket Date 11/24/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(East, Brian) (Entered: 11/02/2017)

Joint Proposed Pretrial Order by Mark Silguero, Amy Wolfe (Attachments: # 1 Exhibit A - Plaintiffs' Exhibit List, # 2 Exhibit B - Defendant's Exhibit List, # 3 Exhibit C - Plaintiffs' Witness List, # 4 Exhibit D - Defendant's Witness List)(East, Brian) (Entered: 11/02/2017)

Proposed Findings of Fact/Conclusions of Law by Mark Silguero, Amy Wolfe(East, Brian) (Entered: 11/02/2017)

MEMORANDUM AND ORDER Granting 34 Defendant CSL Plasma Inc.'s Motion for Summary Judgment, Strikes as Moot [35-36] Plaintiffs' motions for summary judgment; Strikes as Moot 46 Plaintiffs' Motion to Preclude Unreliable and Irrelevant Opinions of Defendant's Expert John Nelson; and VACATES all remaining Court settings in this case.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1) (Entered: 11/03/2017)

FINAL JUDGMENT. Case terminated on 11/2/2017.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

BILL OF COSTS in total amount $4,252.21 by CSL Plasma, Inc., filed. (Attachments: # 1 Declaration in Support of Bill of Costs, # 2 Itemization of Costs, # 3 Invoices Supporting Bill of Costs)(Willing, Stephanie) (Entered: 11/17/2017)

1 Declaration in Support of Bill of Costs

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2 Itemization of Costs

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3 Invoices Supporting Bill of Costs

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RESPONSE to 51 Bill of Costs, filed by Mark Silguero, Amy Wolfe. (Attachments: # 1 Proposed Order)(East, Brian) (Entered: 11/22/2017)

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 50 Final Judgment, 49 Order on Motion for Miscellaneous Relief,, Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment,,, by Mark Silguero, Amy Wolfe (Filing fee $ 505, receipt number 0541-19269653), filed.(East, Brian) (Entered: 11/30/2017)

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 53 Notice of Appeal,. Fee status: Paid, filed. (dterrell, 2) (Additional attachment(s) added on 12/1/2017: # 1 Notice of Appeal) (dterrell, 2). (Entered: 12/01/2017)

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 53 Notice of Appeal,, filed.(dterrell, 2)

Electronic Record on Appeal Certified

DKT13 TRANSCRIPT ORDER REQUEST by Plaintiffs/Brian East. No hearings This order form relates to the following: 53 Notice of Appeal,, filed. (East, Brian) (Entered: 12/12/2017)

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Ryan C. Downer. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Michael G Allen. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Brian East, Lia Sifuentes Davis. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Transmittal of Appeal (FORM, noticing) - Civil

ORDER GRANTING Plaintiffs' motion to deny costs 52 . Defendant's requested cost award in the amount of $4,252.21 is denied.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1) (Entered: 01/09/2018)

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Sasha Samberg-Champion. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Stephanie Willing, Bruce Douglas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Elizabeth Nash, Tovah Calderon. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Rakesh Kilara. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Cary Davis, Mark Hiller. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Michael Dobbs. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to John Delacourt. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Transmittal of Appeal (FORM, noticing) - Civil

Summons Issued as to John Harshaw, Montgomery County, Texas, Deputy Stein, The Center for the Performing Arts at the Woodlands, Lt. Webb. Issued summons delivered to plaintiff by First-class mail, filed.(JenniferOlson, 4)

Summons Issued as to Detective Terrell. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4)

NOTICE of Withdrawal of Counsel by CSL Plasma, Inc., filed. (Willing, Stephanie) (Entered: 10/31/2018)

Electronic Access to Record on Appeal Provided re: 53 Notice of Appeal, to Sasha M Samberg-Champion. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 17-41206), filed.(dterrell, 2)

Order of USCA re: - ORDER - 53 Notice of Appeal, ; USCA No. 17-41206. It is ordered that the mandate of this case is stayed for 90 days whereupon it should issue unless stayed by the Supreme Court, filed. (Attachments: # 1 USCA Letter)(dterrell, 2) (Entered: 09/03/2019)

1 USCA Letter

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Order of USCA; - JUDGMENT - Judgment issued as mandate 12/4/19 re: 53 Notice of Appeal, ; USCA No. 17-41206. It is ordered and adjudged that the Judgment of the District Court is affirmed in part, reversed in part, and remanded to the District Court for further proceedings, filed.(dterrell, 2) (Entered: 12/04/2019)

Order of USCA; - PER CURIAM - Judgment issued as mandate 12/4/19 re: 53 Notice of Appeal, ; USCA No. 17-41206. We reverse and remand the Judgment as it applies to plaitiffs' claims under the Texas Human Resources Code, filed. (Attachments: # 1 USCA Letter)(dterrell, 2) (Entered: 12/04/2019)

1 USCA Letter

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ORDER entered, re: 60 USCA for the Fifth Circuit issued a mandate for further proceedings. The Court ORDERS the parties to file briefing regarding the Court's jurisdiction over this case by January 10, 2020. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1) (Entered: 12/04/2019)

MOTION to Stay Proceedings by Mark Silguero, Amy Wolfe, filed. Motion Docket Date 1/28/2020. (Attachments: # 1 Proposed Order Staying Proceedings)(Davis, Lia) (Entered: 01/07/2020)

1 Proposed Order Staying Proceedings

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RESPONSE to 62 MOTION to Stay Proceedings filed by CSL Plasma, Inc.. (Douglas, Bruce) (Entered: 01/07/2020)

REPLY to Response to 62 MOTION to Stay Proceedings, filed by Mark Silguero, Amy Wolfe. (Davis, Lia) (Entered: 01/07/2020)

ORDER Granting 62 Plaintiff's Motion to Stay. The Court ORDERS the parties to advise the Court of the resolution of Plaintiffs petition for writ of certiorari within 7 days of such resolution. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1) (Entered: 01/09/2020)

Unopposed MOTION for Stephanie J. Willing to Withdraw as Attorney by CSL Plasma, Inc., filed. Motion Docket Date 2/21/2020. (Attachments: # 1 Proposed Order)(Douglas, Bruce) (Entered: 01/31/2020)

1 Proposed Order

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ORDER Granting 66 Motion to Withdraw as Attorney. Attorney Stephanie J Willing terminated. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1) (Entered: 02/05/2020)

NOTICE of U.S. Supreme Court's Denial of Petition for Certiorari re: 65 Order on Motion to Stay, by CSL Plasma, Inc., filed. (Douglas, Bruce) (Entered: 02/24/2020)

The petition for a writ of certiorari filed with the Supreme Court has been denied (USCA No. 17-41206) (USSC No. 19-603), filed.(dterrell, 2) (Entered: 02/26/2020)

NOTICE of Resolution of Plaintiffs' Petition for Writ of Certiorari by Mark Silguero, Amy Wolfe, filed. (Davis, Lia) (Entered: 02/28/2020)

ORDER entered, re: 68 . The Court ORDERS the parties to file briefing regarding the Court's jurisdiction over this case by March 31, 2020. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1) (Entered: 03/06/2020)

BRIEF on the Court's Jurisdiction to Hear Plaintiffs' State-Law Claims by Mark Silguero, Amy Wolfe, filed.(Davis, Lia) (Entered: 03/31/2020)

BRIEF Regarding Jurisdiction by CSL Plasma, Inc., filed.(Douglas, Bruce) (Entered: 03/31/2020)

DECLARATION of Bruce J. Douglas, filed.(Douglas, Bruce) (Entered: 03/31/2020)

Appeal Review Notes re: 57 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid, and the appellant is represented by counsel.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed.(JenniferLongoria, 1)