Castaneda v. Maxim Healthcare Services, Inc.
| Texas Western District Court | |
| Judge: | Jason K Pulliam |
| Referred: | Elizabeth S Chestney |
| Case #: | 5:23-cv-00807 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Jun 28, 2023 |
| Terminated: | Apr 23, 2024 |
| Last checked: Monday Dec 25, 2023 3:02 AM CST |
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Defendant
Maxim Healthcare Services, Inc.
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Plaintiff
Rudy Castaneda
317 Rayburn Dr.
San Antonio, TX 78221 |
GPO
Jul 17 2023
ORDER GRANTING re 1 MOTION to Proceed in forma pauperis filed by Rudy Castaneda,Plaintiffs Complaint shall be filed by the Clerk without prepayment of fees, costs or the giving of security therefore, and the Clerk shall, until further Order of this Court, waive the collection of any other fees or costs from Plaintiff. IT IS FURTHER ORDERED that on or before August 7, 2023, Plaintiff shall file a More Definite Statement of the claims he seeks to present to this Court. Signed by Judge Elizabeth S. Chestney. (wg) |
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GPO
Aug 22 2023
ORDERED, that if not already accomplished, within ten (10) days of the date of this Order, Plaintiff shall submit to the Clerks Office a fully completed United States Marshals Service Form 285, including fully complete addresses, for each Defendant required to be served and the United States Marshals Service shall serve each Defendant with a copy of the Complaint and a copy of this order by certified mail, return receipt requested. Signed by Judge Elizabeth S. Chestney. (wg) |
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GPO
Aug 22 2023
ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (wg) |
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GPO
Dec 20 2023
ORDER TO SHOW CAUSE as to Rudy Castaneda. It is Ordered that Plaintiff file a motion for clerks entry of default or show cause why he declines to do so on or before January 10, 2023. A failure to do so could result in dismissal of this case for want of prosecution. Signed by Judge Elizabeth S. Chestney. (wg) |
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GPO
Jan 05 2024
ORDER DENYING 14 Motion to Quash Signed by Judge Elizabeth S. Chestney. (wg) |
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GPO
Apr 23 2024
MEMORANDUM OPINION AND ORDER, The Court DENIES Castanedas Motion for Default Judgment (ECF No. 17), GRANTS Maxims Motion to Dismiss (ECF No. 19), and DISMISSES this case pursuant to Rule 12(b)(6). Final judgment will be entered by separate order. Signed by Judge Jason K. Pulliam. (wg) |
| Docket last updated: 09/15/2024 11:59 PM CDT |
| Friday, August 16, 2024 | ||
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appeal
Appeal Record Accepted and Available Electronically
Fri 08/16 3:58 PM
Certification of the Electronic Record on Appeal in USCA 24-50559 has been accepted by the 5th Circuit. re33 Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions[LINK:here] (dtg) |
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| Friday, July 19, 2024 | ||
| 35 | 35
appeal
Letter of Transmittal from USCA
Fri 07/19 2:46 PM
COPY of Letter of transmittal from USCA to Mr. Rudy Castaneda received for33 Notice of Appeal, filed by Rudy Castaneda.***We have docketed the appeal as shown above, and ask you to use the case number above in future inquiries.*** (dtg) |
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| Monday, July 15, 2024 | ||
| 34 | 34
appeal
Appeal Transcript Request
Mon 07/15 4:38 PM
TRANSCRIPT REQUEST by Rudy Castaneda. TRANSCRIPT IS UNNECESSARY FOR APPEAL PURPOSES. (dtg) |
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| Thursday, July 11, 2024 | ||
| 33 | 33
appeal
Notice of Appeal
Thu 07/11 12:26 PM
NOTICE OF APPEAL by Rudy Castaneda. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a[LINK:(Transcript Order)] and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (wg) |
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| Friday, June 28, 2024 | ||
| 32 | 32
2
pgs
order
Order ~Util - Terminate Motions
Fri 06/28 11:15 AM
ORDER DENYING re27 MOTION for Reconsideration re25 Memorandum Opinion and Order,26 Judgment, filed by Rudy Castaneda, DENYING30 MOTION to Consolidate Cases filed by Rudy Castaneda. Signed by Judge Jason K. Pulliam. (wg) |
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| Friday, June 21, 2024 | ||
| 31 | 31
respm
Response in Opposition to Motion
Fri 06/21 11:59 AM
Response in Opposition to Motion, filed by Maxim Healthcare Services, Inc., re30 MOTION to Consolidate Cases filed by Plaintiff Rudy Castaneda (Porterfield, Tara) |
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| Friday, June 14, 2024 | ||
| 30 | 30
motion
Consolidate Cases
Thu 06/20 8:23 AM
PRO-SE MOTION to Consolidate Cases by Rudy Castaneda. (wg) |
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| Friday, May 24, 2024 | ||
| 29 | 29
misc
Response
Tue 05/28 8:30 AM
PRO-SE REPLY to28 Defendant's Response to Motion, by Rudy Castaneda. (wg) |
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| Monday, May 20, 2024 | ||
| 28 | 28
respm
Response to Motion
Mon 05/20 3:35 PM
RESPONSE to Motion, filed by Maxim Healthcare Services, Inc., re27 MOTION for Reconsideration re25 Memorandum Opinion and Order,, Terminate Motions,26 Judgment, filed by Plaintiff Rudy Castaneda Defendant's Response to Plaintiff's Motion for Reconsideration (Porterfield, Tara) |
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| Monday, May 06, 2024 | ||
| 27 | 27
motion
Reconsideration
Mon 05/06 10:56 AM
PRO-SE MOTION for Reconsideration re25 Memorandum Opinion and Order,, Terminate Motions,26 Judgment, by Rudy Castaneda. (wg) |
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| Tuesday, April 23, 2024 | ||
| 26 | 26
order
Judgment
Tue 04/23 9:56 AM
JUDGMENT/ORDER, The Court has considered the issues presented in this action and rendered its decision. For the reasons stated in the Memorandum Opinion and Order issued contemporaneously with this Final Judgment, the Court DISMISSES this action with prejudice. Signed by Judge Jason K. Pulliam. (wg) |
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| 25 | 25
11
pgs
order
Memorandum Opinion and Order ~Util - Terminate Motions
Tue 04/23 9:53 AM
MEMORANDUM OPINION AND ORDER, The Court DENIES Castanedas Motion for Default Judgment (ECF No. 17), GRANTS Maxims Motion to Dismiss (ECF No. 19), and DISMISSES this case pursuant to Rule 12(b)(6). Final judgment will be entered by separate order. Signed by Judge Jason K. Pulliam. (wg) |
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| Friday, February 09, 2024 | ||
| 24 | 24
respm
Response in Support of Motion
Fri 02/09 10:21 AM
RESPONSE in Support, filed by Maxim Healthcare Services, Inc., re19 MOTION to Dismiss Defendant's 12(B)(6) Motion to Dismiss filed by Defendant Maxim Healthcare Services, Inc. (and Response to Plaintiff's Motion to Strike) (Porterfield, Tara) |
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| Tuesday, February 06, 2024 | ||
| 23 | 23
notice
Notice of Attorney Appearance
Tue 02/06 5:09 PM
NOTICE of Attorney Appearance by Tara Porterfield on behalf of Maxim Healthcare Services, Inc.. Attorney Tara Porterfield added to party Maxim Healthcare Services, Inc.(pty:dft) (Porterfield, Tara) |
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| Monday, February 05, 2024 | ||
| 22 | 22
misc
Response
Mon 02/05 10:28 AM
PRO-SE RESPONSE to19 MOTION to Dismiss Defendant's 12(B)(6) Motion to Dismiss by Rudy Castaneda. (wg) |
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| Friday, January 26, 2024 | ||
| 21 | 21
misc
Response
Tue 01/30 9:18 AM
PRO-SE REPLY to20 Response to Motion, by Rudy Castaneda. (wg) |
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| Tuesday, January 23, 2024 | ||
| 20 | 20
respm
Response to Motion
Tue 01/23 3:08 PM
RESPONSE to Motion, filed by Maxim Healthcare Services, Inc., re17 MOTION for Default Judgment against Maxim Healthcare Services, Inc. filed by Plaintiff Rudy Castaneda Defendant's Response to Plaintiff's Motion for a Default Judgment (Ackie, Melissa) |
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| Monday, January 22, 2024 | ||
| 19 | 19
motion
Dismiss
Mon 01/22 3:36 PM
MOTION to Dismiss Defendant's 12(B)(6) Motion to Dismiss by Maxim Healthcare Services, Inc..(Ackie, Melissa) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Tuesday, January 09, 2024 | ||
| 18 | 18
respoth
Affidavit in Support
Tue 01/09 4:04 PM
PLAINTIFF'S AFFIDAVIT in Support of17 MOTION for Default Judgment against Maxim Healthcare Services, Inc. by Rudy Castaneda. (wg) |
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| 17 | 17
motion
Default Judgment
Tue 01/09 4:03 PM
PRO-SE MOTION for Default Judgment against Maxim Healthcare Services, Inc. by Rudy Castaneda. (wg) |
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| Friday, January 05, 2024 | ||
| 16 | 16
2
pgs
order
Order on Motion to Quash
Mon 01/08 2:06 PM
ORDER DENYING14 Motion to Quash Signed by Judge Elizabeth S. Chestney. (wg) |
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| Tuesday, January 02, 2024 | ||
| 14 | 14
motion
Quash
Tue 01/02 2:11 PM
PRO-SE MOTION to Quash (Defts. Motion to Extend Answer Deadline) by Rudy Castaneda.. Motions referred to Judge Elizabeth S. Chestney. (wg) |
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| Thursday, December 28, 2023 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 12/28 9:50 AM
Text Order GRANTING13 Motion for Extension of Time to Answer entered by Judge Elizabeth S. Chestney. IT IS HEREBYORDERED that the Defendants deadline to file its responsive pleading is January 22, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm) |
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utility
Set/Reset Answer Deadline
Thu 12/28 11:42 AM
Set/Reset Deadlines: Maxim Healthcare Services, Inc. answer due 1/22/2023. (mgr) |
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utility
Set/Reset Answer Deadline
Tue 01/02 11:04 AM
Set/Reset Deadlines: Maxim Healthcare Services, Inc. answer due 1/22/2024. (mgr) |
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| Wednesday, December 27, 2023 | ||
| 15 | 15
misc
Response
Wed 01/03 3:20 PM
PRO-SE RESPONSE to13 MOTION for Extension of Time to File Answer re4 Complaint Defendant's Motion for Leave to Extend Responsive Pleading Deadline by Rudy Castaneda. (wg) |
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| Thursday, December 21, 2023 | ||
| 13 | 13
motion
Extension of Time to File Answer
Thu 12/21 5:38 PM
MOTION for Extension of Time to File Answer re4 Complaint Defendant's Motion for Leave to Extend Responsive Pleading Deadline by Maxim Healthcare Services, Inc... Motions referred to Judge Elizabeth S. Chestney. (Ackie, Melissa) |
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Att: 1
Proposed Order
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| Wednesday, December 20, 2023 | ||
| 12 | 12
2
pgs
order
Order to Show Cause
Wed 12/20 3:06 PM
ORDER TO SHOW CAUSE as to Rudy Castaneda. It is Ordered that Plaintiff file a motion for clerks entry of default or show cause why he declines to do so on or before January 10, 2023. A failure to do so could result in dismissal of this case for want of prosecution. Signed by Judge Elizabeth S. Chestney. (wg) |
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| Monday, December 18, 2023 | ||
| 11 | 11
service
Acknowledgment of Service
Tue 12/19 4:02 PM
Acknowledgment of Service returned by Rudy Castaneda. Maxim Healthcare Services, Inc. served on 9/14/2023, answer due 10/16/2023. (wg) |
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| Thursday, August 31, 2023 | ||
| 10 | 10
service
Summons Issued
Fri 09/01 7:55 AM
USM/285 & Summons Issued as to Maxim Healthcare Services, Inc.. forwarded to the USMS for Service on deft. (wg) |
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| Wednesday, August 23, 2023 | ||
| 9 | 9
4
pgs
order
Order Referring Case to Magistrate Judge
Wed 08/23 11:13 AM
ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Jason K. Pulliam. (wg) |
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| Tuesday, August 22, 2023 | ||
| 8 | 8
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pgs
order
Order ~Util - Case No Longer Referred to Magistrate Judge
Tue 08/22 4:00 PM
ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (wg) |
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| 7 | 7
4
pgs
order
Order
Tue 08/22 3:57 PM
ORDERED, that if not already accomplished, within ten (10) days of the date of this Order, Plaintiff shall submit to the Clerks Office a fully completed United States Marshals Service Form 285, including fully complete addresses, for each Defendant required to be served and the United States Marshals Service shall serve each Defendant with a copy of the Complaint and a copy of this order by certified mail, return receipt requested. Signed by Judge Elizabeth S. Chestney. (wg) |
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| Monday, August 07, 2023 | ||
| 6 | 6
misc
Response
Mon 08/07 2:50 PM
PRO-SE MORE DEFINITE STATEMENT/RESPONSE to3 Order for more definite statement, by Rudy Castaneda. (wg) |
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| Wednesday, July 19, 2023 | ||
| 5 | 5
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pgs
order
Order
Wed 07/19 6:01 AM
STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (bot2) |
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| Monday, July 17, 2023 | ||
| 4 | 4
cmp
Complaint
Tue 07/18 8:23 AM
PRO-SE COMPLAINT, filed by Rudy Castaneda.(wg) |
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| 3 | 3
5
pgs
order
Order ~Util - Terminate Motions
Tue 07/18 8:22 AM
ORDER GRANTING re1 MOTION to Proceed in forma pauperis filed by Rudy Castaneda,Plaintiffs Complaint shall be filed by the Clerk without prepayment of fees, costs or the giving of security therefore, and the Clerk shall, until further Order of this Court, waive the collection of any other fees or costs from Plaintiff. IT IS FURTHER ORDERED that on or before August 7, 2023, Plaintiff shall file a More Definite Statement of the claims he seeks to present to this Court. Signed by Judge Elizabeth S. Chestney. (wg) |
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| Thursday, June 29, 2023 | ||
| 2 | 2
misc
Case Opening Letter
Fri 06/30 10:43 AM
Case Opening Letter to Rudy Castaneda. (bt) |
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| Wednesday, June 28, 2023 | ||
| 1 | 1
motion
Proceed In Forma Pauperis
Thu 06/29 1:53 PM
MOTION to Proceed in forma pauperis by Rudy Castaneda.. Motions referred to Judge Elizabeth S. Chestney. (bt) |
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Att: 1
Proposed Complaint,
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Att: 2
Civil Cover Sheet
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