Alvarez v. Emergency Site Protection, LLC et al

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

PLAINTIFF'S RESPONSE to {{12}} Order to Show Cause, by Josue Alvarez.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JOSUE ALVAREZ, § Individually and on behalf of all others § similarly situated, § Civil Action No. 5:18-cv-1298-FB § Plaintiff, § § v. § JURY TRIAL DEMANDED § EMERGENCY SITE PROTECTION, LLC, § GRYPHON OILFIELD SOLUTIONS, LLC, § and SANCHEZ OIL & GAS CORPORATION, § § COLLECTIVE ACTION Defendants. § PURSUANT TO 29 U.S.C. §216(b) PLAINTIFF'S RESPONSE TO THIS COURT'S ORDER TO SHOW CAUSE TO THE HONORABLE FRED BIERY: Plaintiff Josue Alvarez, individually and on behalf of all others similarly situated, hereby files this Response to this Court's Order to Show Cause, and will respectfully show as follows: 1. Plaintiff filed this lawsuit on December 11, 2018 and requested the issuance of summons that same day. See ECF Nos. 1–2. 2. On December 12, 2018, this Court issued Summons as to all Defendants and Plaintiff's counsel sent all three Summons to Allen Civil Process for service. See ECF No. 3. 3. On December 13, 2018, Emergency Site Protection, LLC was served, and a Return of Service was filed with the Court on January 31, 2019. See ECF No. 7. 4. Although Plaintiff had provided summons for all three Defendants, the process server only served Emergency Site Protection, LLC. 5. Plaintiff's counsel failed to note that only one of the three Defendants had been served, and sincerely apologizes to this Court for the subsequent delay. Response to Order to Show Cause Page 1 6. Since receiving this Court's Order to Show Cause on March 29, 2019, Plaintiff successfully served Defendants Sanchez Oil & Gas Corporation and Gryphon Oilfield Solutions, LLC. See ECF Nos. 13–14. Plaintiff again apologizes for the delay in perfecting service in this matter and respectfully prays that this Court not dismiss this matter for failure to prosecute. Response to Order to Show Cause Page 2 Date: April 5, 2019 Respectfully submitted, ANDERSON ALEXANDER, PLLC By: /s/ Clif Alexander Clif Alexander Texas Bar No. 24064805 clif@a2xlaw.com Lauren E. Braddy Texas Bar No. 24071993 lauren@a2xlaw.com Alan Clifton Gordon Texas Bar No. 00793838 cgordon@a2xlaw.com Carter T. Hastings Texas Bar No. 24101879 carter@a2xlaw.com 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Attorneys in Charge for Plaintiff and the Putative Class Members Response to Order to Show Cause Page 3 CERTIFICATE OF SERVICE I hereby certify that on April 5, 2019, I electronically filed the foregoing document with the clerk of the court for the U.S. District Court, Western District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means. /s/ Clif Alexander Clif Alexander Response to Order to Show Cause Page 4