No. 18-9426

Paul Duriso v. West Gulf Maritime Association, et al.

Lower Court: Fifth Circuit
Docketed: 2019-05-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: cba civil-procedure civil-rights collective-bargaining due-process employee-rights grievance-process ila-constitution labor-law legal-jurisdiction maritime-law statute-of-limitations texas-civil-practice-and-remedies-code texas-code
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (from Petition)

In the case of Rhonda Stelly vs. West Gulf Maritime et al, 4-17-cv-2392 and several related cases such as this case Paul Duriso vs. West Gulf Maritime etal, 1740938, why have the laws of the Texas Civil Practice and Remedies Codes been disregarded, neglected, overlooked and/or discarded regarding Statute of Limitations, Texas Civil Practices and Remedies 16.003 which states 2-years for Rhonda Stelly, non-WGMA et al employee to file an over 2-year old civil claim on August 11, 2017 and/or Statute of Limitations for the original grievance for Rhonda Stelly to file that grievance through WGMA after 91 plus days against CBAIILA Constitution (Appendix E) of the alleged sexual harassment beginning allegedly on January 30, 1994, but was filed on May 5, 2015 with, then Local 21 President Mark Bridges though the Local 21 dismissed the grievance against Paul Duriso on the local level? According to WGMA et al per their Summary Judgement request, should not the civil cases and/or grievances all been 'Time Barred' and/or dismissed because the Statute of Limitations was exhausted on the employment and civil levels for any personal injuries and/or damages in Texas? (See Appendix E)

2. Why did Mark Bridges, former Local 21 President continue with a grievance to West Gulf Maritime Association et al from Rhonda Stelly, who was not employed and/or an employee of Local 21, West Gulf Maritime, Local 1316 and/or International Longshoremen Association that was discarded and/or dismissed by Local 21 on the local level for lack of merits, non-employee and the Statute of Limitations to file the grievance was exhausted per CBAIILA Constitution (Within 90 days) was exhausted? Furthermore, why were the executive voting members for my suspension and permanent suspension and/or arbitration men whom I testified against in various longshoremen business affairs and/or had disagreements about procedures as a mediator and Business Agent for Local 21 with stevedores, as well as stevedore representatives such as Shane Taylor, Dave Harper, Mark Bridges, etc? (See Appendix D-Grievances Letters)

3. Should not WGMA et al be responsible financially and accountable for all employees actions as an employee, etc. for all judgements, all legal representation, legal suits against and/or all out of pocket expenses by WGMA et al while I was an employee, agent and/or acting agent for Local 21 and/or Local 1316 whether win or lose in Duriso vs. West Gulf Maritime Association et al, case 17-40938, Stelly vs. West Gulf Maritime Association et al, case 417-cv-2392, Stelly vs. Duriso, case 4:19-cv-738, and/or Stelly vs. West Gulf Maritime Association et al, especially since the grievances should have never been allowed to be filed and/or to be heard in the Southern Court of Texas, Houston, Harris County, which was out of jurisdiction, as well as by WGMA et al because of Texas Practices and Remedies laws, statutes and/or codes and the Collective Bargaining Agreement (CBA)/ILA Constitution? (See Appendix G)

Why should I not be returned to work in my position(

Question Presented (AI Summary)

Whether the laws of the Texas Civil Practice and Remedies Code regarding statute of limitations have been disregarded in the cases of Rhonda Stelly v. West Gulf Maritime et al. and Paul Duriso v. West Gulf Maritime et al.

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-10-31
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Waiver of right of respondents South Atlantic and Gulf Coast District, International Longshoremen's Association to respond filed.
2019-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2019)

Attorneys

Paul Duriso
Paul Duriso — Petitioner
South Atlantic and Gulf Coast District, International Longshoremen's Association
Eric Haymes NelsonLaw Offixcxes of Eric H. Nelson, Respondent