Hernandez v. Viva Energy Services, LLC

Federal Civil Lawsuit Texas Western District Court, Case No. 7:16-cv-00348
District Judge Robert A. Junell, presiding
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District Judge Robert A. Junell
Last Updated July 30, 2025 at 12:10 AM EDT (6.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [C5F9FC9], Plaintiff

Represented by Baron & Budd, PC

Name Phone Fax E-Mail
Space Michael Van Ellis mellis@thebassettfirm.com
Space Melinda Arbuckle - PHV +1 214 521 3605 +1 214 520 1181 marbuckl@baronbudd.com
Space Allen R. Vaught +1 214 521 3605 +1 214 520 1181 avaught@txlaborlaw.com

Represented by Law Office of Glenn D. Levy

Name Phone Fax E-Mail
Space Glenn Deutsch Levy +1 210 822 5666 +1 210 822 5650 glenn@glennlevylaw.com
No Logo Jose L. Hernandez, Plaintiff

Represented by Baron & Budd, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Melinda Arbuckle - PHV +1 214 521 3605 +1 214 520 1181 marbuckl@baronbudd.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael Van Ellis - PHV +1 214 521 3605 mellis@baronbudd.com
ATTORNEY TO BE NOTICED Allen R. Vaught +1 214 521 3605 +1 214 520 1181 avaught@txlaborlaw.com

Represented by Law Office of Glenn D. Levy

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Glenn Deutsch Levy +1 210 822 5666 +1 210 822 5650 glenn@glennlevylaw.com
v.
No Logo Viva Energy Services, LLC, Defendant

Represented by Gordon & Rees LLP

Name Phone Fax E-Mail
Space Robert A Bragalone +1 214 231 4714 +1 214 461 4053 bbragalone@grsm.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Robert A Bragalone +1 214 231 4714 +1 214 461 4053 bbragalone@grsm.com

Represented by Jackson Lewis LLP

Name Phone Fax E-Mail
Space David Anthony Scott +1 214 520 2400 +1 214 520 2008 David.Scott@jacksonlewis.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY David Anthony Scott +1 214 520 2400 +1 214 520 2008 David.Scott@jacksonlewis.com

Represented by Locke Lord Bissell & Liddell, LLP

Name Phone Fax E-Mail
Space Paul G. Nason +1 214 740 8562 +1 214 740 8800 pnason@lockelord.com
ATTORNEY TO BE NOTICED, TERMINATED: 03/30/2017, LEAD ATTORNEY Paul G. Nason +1 214 740 8562 +1 214 740 8800 pnason@lockelord.com
Space Robin G. Shaughnessy +1 214 740 8629 +1 214 756 8629 rshaughnessy@lockelord.com
ATTORNEY TO BE NOTICED, TERMINATED: 03/30/2017, LEAD ATTORNEY Robin G. Shaughnessy +1 214 740 8629 +1 214 756 8629 rshaughnessy@lockelord.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required)  Filed: 8/17/2017, Entered: None Unknown Document Type
Reset Deadlines: Dispositive Motions due by 11/20/2017. (se)
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Legal Document (Payment Possibly Required)  Filed: 8/17/2017, Entered: None Unknown Document Type
Text Order GRANTING 23 Joint Motion for Extension of Time to File Dispositive Motions entered by Judge David Counts. It is therefore ORDERED that the Parties shall file any dispositive motions on or before November 20, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tt)
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Legal Document (Payment Possibly Required) 27 Filed: 1/4/2018, Entered: 1/4/2018
STIPULATION of Dismissal With Prejudice by Viva Energy Services, LLC. (Scott, David)
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Legal Document (Payment Possibly Required) 26 Filed: 12/6/2017, Entered: 12/6/2017 Court Filing
ORDER, Case is administratively closed. Magistrate Judge David Counts is WITHDRAWN AND VACATED. Signed by Judge Robert A. Junell. (Attachments: # 1 Notice)(se)
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Legal Document (Payment Possibly Required) 25 Filed: 9/5/2017, Entered: 9/5/2017
ADR Report Filed - by C5F9FC9(Ellis, Michael)
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Legal Document (Payment Possibly Required) 24 Filed: 8/22/2017, Entered: 8/22/2017
NOTICE of Attorney Appearance by Michael Van Ellis on behalf of C5F9FC9 (Ellis, Michael)
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Legal Document (Payment Possibly Required)  Filed: 3/30/2017, Entered: None Unknown Document Type
Text Order GRANTING 20 Defendant's Unopposed Motion to Withdraw as Attorney. It is therefore ORDERED that Paul G. Nason and Robin G. Shaughnessy of Locke Lord LLP be withdrawn as counsel of record for Defendant; GRANTING 20 Defendant's Unopposed Motion to Substitute Attorney. It is therefore ORDERED that Robert A. Bragalone and David A. Scott of Gordon & Rees Scully Mansukhani LLP be substituted as counsel of record for Defendant and that Robert A. Bragalone be designated as lead counsel for Defendant entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tt)
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Legal Document (Payment Possibly Required) 23 Filed: 8/16/2017, Entered: 8/16/2017 Court Filing
Joint MOTION for Extension of Time to File Dispositive Motions by C5F9FC9. (Attachments: # 1 Proposed Order Extending Deadline to File Dispositive Motions). Motions referred to Judge David Counts. (Vaught, Allen)
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Legal Document (Payment Possibly Required) 22 Filed: 3/30/2017, Entered: 3/30/2017
NOTICE of Attorney Appearance by Robert A. Bragalone on behalf of Viva Energy Services, LLC. Attorney Robert A. Bragalone added to party Viva Energy Services, LLC(pty:dft) (Bragalone, Robert)
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Legal Document (Payment Possibly Required) 21 Filed: 3/30/2017, Entered: 3/30/2017
NOTICE of Attorney Appearance by David A. Scott on behalf of Viva Energy Services, LLC. Attorney David A. Scott added to party Viva Energy Services, LLC(pty:dft) (Scott, David)
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Legal Document (Payment Possibly Required)  Filed: 12/8/2016, Entered: None Unknown Document Type
Reset Deadlines: Viva Energy Services, LLC answer due 1/16/2017. (se)
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Legal Document (Payment Possibly Required) 20 Filed: 3/29/2017, Entered: 3/29/2017 Court Filing
Unopposed MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by Viva Energy Services, LLC. (Attachments: # 1 Proposed Order). Motions referred to Judge David Counts. (Scott, David)
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Legal Document (Payment Possibly Required) 19 Filed: 1/13/2017, Entered: 1/13/2017
FIRST AMENDED ANSWER to 17 Amended Complaint by Viva Energy Services, LLC.(Nason, Paul)
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Legal Document (Payment Possibly Required) 18 Filed: 12/9/2016, Entered: 12/9/2016
NOTICE of Withdrawal of Consent to Join of Carlos Ayala by C5F9FC9 re 6 Notice of Filing (Vaught, Allen)
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Legal Document (Payment Possibly Required) 17 Filed: 12/8/2016, Entered: 12/9/2016
AMENDED COMPLAINT against Viva Energy Services, LLC amending 1 Complaint, filed by C5F9FC9.(se)
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Legal Document (Payment Possibly Required) 16 Filed: 12/8/2016, Entered: 12/8/2016 Court Filing
ORDER GRANTING 14 Motion to Amend Complaint. Signed by Judge Robert A. Junell. (se)
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Legal Document (Payment Possibly Required) 15 Filed: 12/7/2016, Entered: 12/7/2016
NOTICE of Filing Consent to Join for C5F9FC9 by C5F9FC9 (Attachments: # 1 Exhibit A)(Vaught, Allen)
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Legal Document (Payment Possibly Required) 14 Filed: 12/7/2016, Entered: 12/7/2016 Court Filing
Unopposed MOTION to Amend Complaint by C5F9FC9. (Attachments: # 1 Exhibit Proposed First Amended Complaint, # 2 Proposed Order). Motions referred to Judge David Counts. (Vaught, Allen)
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Legal Document (Payment Possibly Required) 13 Filed: 11/9/2016, Entered: 11/10/2016 Court Filing
SCHEDULING ORDER:Final Pretrial Conference set for 2/1/2018 05:00 PM before Judge Robert A. Junell, Jury Selection set for 3/6/2018 09:00 AM before Judge Robert A. Junell, Jury Trial set for 3/6/2018 09:00 AM before Judge Robert A. Junell, ADR Report Deadline due by 9/5/2017, Amended Pleadings due by 5/8/2017, Discovery due by 8/14/2017, Joinder of Parties due by 5/8/2017, Dispositive Motions due by 8/28/2017. Signed by Judge Robert A. Junell. (se)
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Legal Document (Payment Possibly Required) 12 Filed: 11/8/2016, Entered: 11/8/2016
RULE 7 DISCLOSURE STATEMENT filed by Viva Energy Services, LLC. (Nason, Paul)
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Legal Document (Payment Possibly Required) 11 Filed: 11/8/2016, Entered: 11/8/2016
DEFENDANT'S ANSWER to 1 Complaint with Jury Demand . Attorney Paul G. Nason added to party Viva Energy Services, LLC(pty:dft) by Viva Energy Services, LLC.(Nason, Paul)
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Legal Document (Payment Possibly Required) 10 Filed: 10/24/2016, Entered: 10/24/2016
SUMMONS Returned Executed by C5F9FC9. Viva Energy Services, LLC served on 10/18/2016, answer due 11/8/2016. (Attachments: # 1 Exhibit A)(Vaught, Allen)
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Legal Document (Payment Possibly Required) 9 Filed: 10/14/2016, Entered: 10/14/2016 Court Filing
ORDER WITHDRAWING re 7 Scheduling Order. Signed by Judge Robert A. Junell. (se)
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Legal Document (Payment Possibly Required) 8 Filed: 10/12/2016, Entered: 10/13/2016 Court Filing
ORDER REFERRING CASE to Magistrate Judge David Counts. Signed by Judge Robert A. Junell. (se)
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Legal Document (Payment Possibly Required) 7 Filed: 10/12/2016, Entered: 10/12/2016 Court Filing
SCHEDULING ORDER:Final Pretrial Conference set for 12/14/2017 05:00 PM before Judge Robert A. Junell, Jury Selection set for 1/2/2018 09:00 AM before Judge Robert A. Junell, Jury Trial set for 1/2/2018 09:00 AM before Judge Robert A. Junell, ADR Report Deadline due by 8/14/2017, Amended Pleadings due by 4/17/2017, Discovery due by 7/24/2017, Joinder of Parties due by 4/17/2017, Dispositive Motions due by 8/7/2017. Signed by Judge Robert A. Junell. (se)
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Legal Document (Payment Possibly Required)  Filed: 10/11/2016, Entered: None Unknown Document Type
Notice of Correction: re 6 Notice of Filing, for future filings please include name of opt-in plaintiff in docket text. (se)
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Legal Document (Payment Possibly Required) 6 Filed: 10/11/2016, Entered: 10/11/2016
NOTICE of Filing Consent to Join by C5F9FC9 (Attachments: # 1 Exhibit A-Carlos Ayala)(Vaught, Allen) Modified on 10/11/2016 to include name of opt-in plaintiff (se).
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Legal Document (Payment Possibly Required) 5 Filed: 10/11/2016, Entered: 10/11/2016
NOTICE of Attorney Appearance by Melinda Arbuckle on behalf of C5F9FC9. Attorney Melinda Arbuckle added to party C5F9FC9(pty:pla) (Arbuckle, Melinda)
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Legal Document (Payment Possibly Required) 4 Filed: 10/11/2016, Entered: 10/11/2016
Summons Issued as to Viva Energy Services, LLC. (lw)
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Legal Document (Payment Possibly Required)  Filed: 10/7/2016, Entered: None Unknown Document Type
Case Assigned to Judge Robert A. Junell. 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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Legal Document (Payment Possibly Required) 3 Filed: 10/7/2016, Entered: 10/7/2016
Certificate of Interested Parties by C5F9FC9. (Vaught, Allen)
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Legal Document (Payment Possibly Required) 2 Filed: 10/7/2016, Entered: 10/7/2016
REQUEST FOR ISSUANCE OF SUMMONS by C5F9FC9. (Vaught, Allen) (Main Document 2 replaced on 10/11/2016) (lw).
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Legal Document (Payment Possibly Required) 1 Filed: 10/7/2016, Entered: 10/7/2016
COMPLAINT ( Filing fee $ 400 receipt number 0542-8923909), filed by C5F9FC9. (Attachments: # 1 Civil Cover Sheet)(Vaught, Allen) (Attachment 1 replaced on 10/11/2016) (lw).
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