Alvarez v. Emergency Site Protection, LLC et al

Western District of Texas, txwd-5:2018-cv-01298

ORDER re {{38}} Pretrial Conference, GRANTED {{34}} Joint MOTION for Extension of Time to File Proposed Scheduling Order filed by GRYPHON HOLDCO, LLC, The parties must file a proposed scheduling order on or before Wednesday, July 17, 2019. CONDITIONALLY GRANTED {{36}} MOTION to Appear Pro Hac Vice by Brian Glenn Patterson for Applicant, Scott L. Friedman; IT IS ORDERED that Defendant Sanchez FILE an answer or other responsive pleading on or before Friday, June 28, 2019. Signed by Judge Elizabeth S. Chestney.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JOSUE ALVAREZ, Individually and on § Behalf of All Others Similarly Situated, § GENNISE GARCIA, HERIBERTO § SA-18-CV-01298-FB-ESC LOPEZ, JR., DILLON SILVA, § STEVEN R. SILVA, FELIPE PEREZ, § and FRANCISCO PEREZ, § § Plaintiffs, § § vs. § § SANCHEZ OIL & GAS § CORPORATION and GRYPHON § HOLDCO, LLC, § § Defendants. § ORDER Before the Court is the above-styled cause of action, which was referred to the undersigned for all pre-trial proceedings on April 17, 2019 [#22]. On June 18, 2019, the Court held an initial pre-trial conference, at which Plaintiffs, as well as Defendants Gryphon Holdco, LLC ("Defendant Gryphon"), and Sanchez Oil & Gas Corporation ("Defendant Sanchez"), appeared through counsel. Defendant Sanchez has not yet filed an answer or other responsive pleading, and requested additional time to do so at the hearing. Pending before the Court is Defendant Gryphon's Motion to Dismiss and to Compel Arbitration [#30], Plaintiffs' Response [#31], and Defendant Gryphon's Reply [#32]. Defendant Sanchez indicated at the hearing that although it has not filed anything with the Court indicating its position on whether Plaintiffs' claims against it should also be arbitrated, it may join Defendant Gryphon's Motion or file its own motion to compel arbitration. 1 At the conclusion of the hearing, the Court also issued certain oral rulings, which the Court now confirms in this Order. IT IS ORDERED that Defendant Sanchez FILE an answer or other responsive pleading on or before Friday, June 28, 2019. IT IS FUTHER ORDERED that Defendant Sanchez FILE any motion to compel arbitration and/or response to Defendant Gyphon's motion to compel arbitration on or before Friday, June 28, 2019. Plaintiffs and Defendant Gryphon shall have seven (7) days to file a response to Defendant Sanchez's filing. IT IS FURTHER ORDERED that the Joint Motion to Extend Deadline to File Proposed Scheduling Order [#34] is GRANTED. The parties must file a proposed scheduling order on or before Wednesday, July 17, 2019. IT IS FURTHER ORDERED that the Motion to Appear Pro Hac Vice [#36] is CONDITIONALLY GRANTED such that Scott L. Friedman may appear before this Court pro hac vice provided he apply for admission to the Western District of Texas and be admitted to practice in the Western District of Texas within 180 days from the date of this order. Should Mr. Friedman fail to comply with this Court's order, he will no longer be permitted to represent the defendant in this case. The Court FURTHER ORDERS counsel to become familiar with the Local Court Rules of the United States District Court for the Western District of Texas, a copy of which may be obtained from the United States District Clerk for the Western District of Texas. IT IS FURTHER ORDERED that Scott L. Friedman immediately tender the amount of $100.00, payable to Clerk, U.S. District Court, in compliance with Western District of Texas Local Rule AT-1(f)(2) if he has not already done so. 2 IT IS FINALLY ORDERED that Scott L. Friedman, pursuant to Section 6 of the Administrative Policies and Procedures for Electronic Filing in Civil and Criminal Cases in the Western District of Texas, must register as a filing user within ten (10) days of this Order, if he has not already done so. Mr. Friedman's pro hac vice status shall not take effect until he has complied with all of the requirements contained in this Order. IT IS SO ORDERED. SIGNED this 21st day of June, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 3