Pena vs City of Odessa

Texas Western District Court
Judge:David Counts
Case #: 7:18-cv-00217
Nature of Suit442 Civil Rights - Employment
Cause29:621 Job Discrimination (Age)
Case Filed:Dec 02, 2018
Re-opened:Mar 09, 2020
Terminated:Mar 09, 2020
Last checked: Friday May 31, 2019 4:06 AM CDT
Defendant
The City of Odessa
Represented By
Daniel Josiah Harper
Shafer, Davis, O'Leary & Stoker
contact info
Plaintiff
Gloria Lujan Pena
Represented By
Gerald K. Fugit
Gerald K. Fugit, P.C.
contact info


Docket last updated: 07/07/2024 11:59 PM CDT
Monday, March 09, 2020
30 30 2 pgs order Order on Motion to Dismiss Mon 03/09 2:29 PM
ORDER GRANTING29 Motion to Dismiss. Signed by Judge David Counts. (slt)
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Friday, March 06, 2020
29 29 2 pgs motion Dismiss Fri 03/06 9:31 AM
MOTION to Dismiss With Prejudice by Gloria Lujan Pena.(Fugit, Gerald)
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Att: 1 1 pgs Proposed Order
Wednesday, January 22, 2020
28 28 1 pgs order Order Wed 01/22 4:15 PM
ORDER re27 ADR Report - Other filed by Gloria Lujan Pena. Signed by Judge David Counts. (slt)
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Tuesday, January 21, 2020
27 27 1 pgs adr ADR Report - Other Tue 01/21 4:57 PM
ADR Report Filed - Mediator by Gloria Lujan Pena(Dennis, Denis)
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Wednesday, January 08, 2020
order Order on Motion to Amend/Correct Wed 01/08 9:09 AM
It is ORDERED the Plaintiff's Unopposed Motion to Refer to Mediation, Doc.26 filed January 3, 2020, is GRANTED. Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)
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Friday, January 03, 2020
26 26 3 pgs motion Amend/Correct (Not Judgment) Fri 01/03 1:38 PM
Amended MOTION to Amend/Correct Motion to Refer for Mediation by Gloria Lujan Pena.(Fugit, Gerald)
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Att: 1 1 pgs Proposed Order
25 25 8 pgs respm Surreply to Motion Fri 01/03 10:24 AM
Sur-reply to Motion, filed by Gloria Lujan Pena, re21 MOTION for Leave to File Supplemental Sur-Reply to Defendant's Reply in Support of Defendant's Motion to Dismiss or alternative, Motion for Extension of time to file and/or consider out of time response to Defendant's Motion to Dismiss filed by Plaintiff Gloria Lujan Pena(Fugit, Gerald)
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Att: 1 3 pgs Exhibit affidavit,
Att: 2 12 pgs Exhibit Plaintiff's Response
24 24 21 pgs respm Surreply to Motion Fri 01/03 10:03 AM
Sur-reply to Motion, filed by Gloria Lujan Pena, re19 MOTION for Leave to File Supplemental Sur-Reply to Defendant's Reply in Support of Motion for Final Summary Judgment filed by Plaintiff Gloria Lujan Pena(Fugit, Gerald)
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Att: 1 12 pgs Exhibit appendix,
Att: 2 35 pgs Exhibit depo-pena,
Att: 3 2 pgs Exhibit letter -Betsy Triplett- Hurt,
Att: 4 2 pgs Exhibit Depo John H.,
Att: 5 34 pgs Exhibit Lawanna Lambert,
Att: 6 6 pgs Exhibit letter-Darrell Wells,
Att: 7 9 pgs Exhibit Performance Evaluation,
Att: 8 4 pgs Exhibit Depo- Darrell Wells
Thursday, January 02, 2020
order Order on Motion for Referral to ADR/Mediation Thu 01/02 11:46 AM
Text Order DENYING23 Motion for Referral to ADR/Mediation entered by Judge David Counts. Local Rule CV-7(i) requires a movant's attorney to confer with opposing counsel prior to filing a non-dispositive motion and to certify whether the non-movant is opposed to any of the relief requested in the motion. The purported certificate of conference in this motion is defective; it does not indicate that the attorneys discussed the instant motion and does not state whether the non-movant is opposed or unopposed to the motion. The motion is DENIED WITHOUT PREJUDICE and may be refiled with a proper certificate of conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as)
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order Order on Motion for Leave to File Thu 01/02 1:22 PM
It is ORDERED the Plaintiff's Motion for Leave to file Sur-Reply to Defendant's Reply in Support of Motion for Summary Judgment, Doc.19 filed December 12, 2019, is GRANTED. Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)
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order Order on Motion for Leave to File Thu 01/02 1:24 PM
It is ORDERED the Plaintiff's Supplement Motion for Leave to File Sur-Reply to Defendant's Reply in Support of Motion to Dismiss, Doc.21 filed December 12, 2019, is GRANTED. Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)
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Monday, December 30, 2019
23 23 4 pgs motion Referral to ADR/Mediation Mon 12/30 3:59 PM
MOTION for Referral to ADR/Mediation by Gloria Lujan Pena.(Fugit, Gerald)
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Att: 1 1 pgs Proposed Order
Friday, December 13, 2019
22 22 8 pgs misc Supplement Fri 12/13 1:27 PM
SUPPLEMENT to21 MOTION for Leave to File Supplemental Sur-Reply to Defendant's Reply in Support of Defendant's Motion to Dismiss or alternative, Motion for Extension of time to file and/or consider out of time response to Defendant's Motion to Dismiss by Gloria Lujan Pena.(Fugit, Gerald)
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Att: 1 3 pgs Exhibit 1-Affidavit,
Att: 2 12 pgs Exhibit B,
Att: 3 1 pgs Proposed Order
Thursday, December 12, 2019
21 21 4 pgs motion Leave to File Document Thu 12/12 6:32 PM
MOTION for Leave to File Supplemental Sur-Reply to Defendant's Reply in Support of Defendant's Motion to Dismiss or alternative, Motion for Extension of time to file and/or consider out of time response to Defendant's Motion to Dismiss by Gloria Lujan Pena. (Fugit, Gerald)
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20 20 8 pgs misc Supplement Thu 12/12 6:14 PM
SUPPLEMENT to18 Response by Gloria Lujan Pena.(Fugit, Gerald)
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Att: 1 2 pgs Exhibit 1,
Att: 2 19 pgs Exhibit B,
Att: 3 104 pgs Exhibit B,
Att: 4 1 pgs Proposed Order
19 19 3 pgs motion Leave to File Document Thu 12/12 6:05 PM
MOTION for Leave to File Supplemental Sur-Reply to Defendant's Reply in Support of Motion for Final Summary Judgment by Gloria Lujan Pena. (Fugit, Gerald)
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Tuesday, December 10, 2019
18 18 3 pgs misc Response Tue 12/10 2:02 PM
RESPONSE TO LATE FILING BY PLAINTIFF by Gloria Lujan Pena. (Fugit, Gerald)
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Friday, December 06, 2019
17 17 6 pgs respm Reply to Response to Motion Fri 12/06 11:45 AM
REPLY to Response to Motion, filed by The City of Odessa, re13 MOTION to Dismiss filed by Defendant The City of Odessa (Harper, Daniel)
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16 16 9 pgs respm Reply to Response to Motion Fri 12/06 11:34 AM
REPLY to Response to Motion, filed by The City of Odessa, re12 MOTION for Summary Judgment Appendix filed by Defendant The City of Odessa,11 MOTION for Summary Judgment filed by Defendant The City of Odessa (Harper, Daniel)
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Friday, November 29, 2019
15 15 12 pgs respm Response to Motion Fri 11/29 6:06 PM
RESPONSE to Motion, filed by Gloria Lujan Pena, re13 MOTION to Dismiss filed by Defendant The City of Odessa Response to Defendant's Motion to Dismiss(Fugit, Gerald)
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Att: 1 1 pgs Proposed Order
14 14 19 pgs respm Response to Motion Fri 11/29 6:03 PM
RESPONSE to Motion, filed by Gloria Lujan Pena, re12 MOTION for Summary Judgment Appendix filed by Defendant The City of Odessa,11 MOTION for Summary Judgment filed by Defendant The City of Odessa(Fugit, Gerald)
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Att: 1 104 pgs Appendix,
Att: 2 1 pgs Proposed Order
Wednesday, November 06, 2019
13 13 3 pgs motion Dismiss Wed 11/06 10:48 AM
MOTION to Dismiss by The City of Odessa. (Harper, Daniel)
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12 12 31 pgs motion Summary Judgment Wed 11/06 9:58 AM
MOTION for Summary Judgment Appendix by The City of Odessa. (Harper, Daniel)
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11 11 10 pgs motion Summary Judgment Wed 11/06 9:55 AM
MOTION for Summary Judgment by The City of Odessa. (Harper, Daniel)
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Tuesday, August 27, 2019
10 10 2 pgs notice Notice of Attorney Appearance Tue 08/27 4:25 PM
NOTICE of Attorney Appearance by Daniel Christopher Jones on behalf of The City of Odessa. Attorney Daniel Christopher Jones added to party The City of Odessa(pty:dft) (Jones, Daniel)
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Tuesday, March 26, 2019
9 9 2 pgs adr ADR Report - Other Tue 03/26 4:38 PM
ADR Report Filed - by Gloria Lujan Pena(Fugit, Gerald)
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Friday, January 25, 2019
8 8 2 pgs order Scheduling Order Mon 01/28 8:38 AM
SCHEDULING ORDER: Final Pretrial Conference set for 4/3/2020 09:00 AM before Judge David Counts, Jury Selection set for 5/4/2020 08:00 AM before Judge David Counts, Jury Trial set for 5/4/2020 08:00 AM before Judge David Counts, ADR Report Deadline due by 3/27/2019, Amended Pleadings due by 4/26/2019, Discovery due by 8/8/2019, Joinder of Parties due by 4/26/2019, Dispositive Motions due by 11/6/2019. Signed by Judge David Counts. (se)
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Tuesday, January 22, 2019
7 7 3 pgs misc Scheduling Recommendations/Proposed Scheduling Order Tue 01/22 4:27 PM
Proposed Scheduling Order Agreed by Gloria Lujan Pena. (Fugit, Gerald)
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Thursday, December 27, 2018
6 6 4 pgs order Order for Scheduling Recommendations/Proposed Sched Order Thu 12/27 5:22 PM
Order for Scheduling Recommendations/Proposed Scheduling Order. Parties shall submit a scheduling recommendations/proposed scheduling order to the Court with in thirty (30) days from the date of this order. Signed by Judge David Counts. (se)
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Wednesday, December 26, 2018
5 5 15 pgs answer Answer to Complaint Wed 12/26 3:12 PM
ANSWER to1 Complaint, . Attorney Daniel Josiah Harper added to party The City of Odessa(pty:dft) by The City of Odessa.(Harper, Daniel)
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Thursday, December 06, 2018
4 4 2 pgs service Summons Returned Executed Thu 12/06 10:43 AM
SUMMONS Returned Executed by Gloria Lujan Pena. The City of Odessa served on 12/5/2018, answer due 12/26/2018. (Fugit, Gerald)
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Tuesday, December 04, 2018
3 3 2 pgs service Summons Issued Tue 12/04 11:41 AM
Summons Issued as to The City of Odessa. (lw)
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Sunday, December 02, 2018
2 2 2 pgs service Request for Issuance of Summons Sun 12/02 6:56 PM
REQUEST FOR ISSUANCE OF SUMMONS by Gloria K. Pena. (Fugit, Gerald)
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1 1 28 pgs cmp Complaint Sun 12/02 6:54 PM
COMPLAINT ( Filing fee $ 400 receipt number 0542-11509871), filed by Gloria K. Pena.(Fugit, Gerald)
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Att: 1 2 pgs Civil Cover Sheet,
Att: 2 12 pgs Exhibit A,
Att: 3 4 pgs Exhibit B,
Att: 4 5 pgs Exhibit C,
Att: 5 2 pgs Exhibit D
utility Case Assigned/Reassigned Mon 12/03 5:20 PM
Case assigned to Judge David Counts. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lw)
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