Smith v. The Abandoned Vessel
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| Plaintiff: | Nathan Smith |
|---|---|
| Defendant: | The Abandoned Vessel |
| Case Number: | 4:2007cv00784 |
| Filed: | March 6, 2007 |
| Court: | Texas Southern District Court |
| Office: | Houston Office [ Court Info ] |
| County: | XX US, Outside State |
| Presiding Judge: | Judge David Hittner |
| Nature of Suit: | Torts - Injury - Marine |
| Cause: | 28:1333 Admiralty |
| Jurisdiction: | Federal Question |
| Jury Demanded By: | None |
Available Case Documents
Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|---|---|
| March 7, 2007 | 2 |  ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/3/2007 at 02:00 PM in Courtroom 702 before Magistrate Judge Stephen Smith.( Signed by Judge David Hittner ) Parties notified.(mmapps, ) |
| March 22, 2007 | 3 | CERTIFICATE OF INTERESTED PARTIES, filed.(McKendree, Jay) |
| May 23, 2007 | 7 | Unopposed MOTION for Extension of Time Publication by Nathan Smith, filed. Motion Docket Date 6/12/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay) |
| May 24, 2007 | 8 | ORDER granting 7 Motion for Extension of Time.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| June 8, 2007 | 9 | ORDER Initial Conference set for 9/12/2007 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| September 5, 2007 | 10 | Unopposed MOTION for Entry of Judgment by Nathan Smith, filed. Motion Docket Date 9/25/2007. (Attachments: # 1 Exhibit A, B, C, and D)(Woodward, Wilbourn) |
| September 14, 2007 | 14 | ORDER granting and denying in part 12 Opposed MOTION for New Trial, 13 Opposed MOTION to Stay, Case reopened on September 14, 2007. This case is set for a Rule 16 Scheduling Conference on October 25, 2007 at 2:00 p.m. before Magistrate Judge Stephen Wm Smith.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| September 18, 2007 | 15 | MOTION for Robert J. Killeen, Jr. to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Proposed Order Granting Motion to Withdraw as Counsel)(Woodward, Wilbourn) |
| September 19, 2007 | 16 | ORDER granting 15 Motion to Withdraw as Attorney.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| September 23, 2007 | 17 | MOTION for Jay A. McKendree to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/15/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay) |
| September 24, 2007 | 18 | ORDER granting 17 Motion to Withdraw as Attorney.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| September 28, 2007 | 19 | ORDER Clarifying Order of September 14, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| October 18, 2007 | 20 | ANSWER to 1 Complaint by Marie Sorenson, filed.(Walker, Ronald) |
| October 18, 2007 | 21 | Opposed MOTION to Dismiss 1 Complaint by Marie Sorenson, filed. Motion Docket Date 11/7/2007. (Attachments: # 1 Proposed Order Order Granting Dismissal For Failure To State A Claim)(Walker, Ronald) |
| October 25, 2007 | 22 | CERTIFICATE OF INTERESTED PARTIES by Intervenor Marie Sorenson, filed.(Walker, Ronald) |
| October 25, 2007 | 24 | SCHEDULING ORDER: Trial Term: November/December 2008. ETT: 3 days. Bench Trial. Amended Pleadings due by 2/29/2008. Joinder of Parties due by 1/31/2008. Pltf Expert Witness List due by 2/29/2008. Deft Expert Witness List due by 3/31/2008. Discovery due by 7/1/2008. Dispositive Motion Filing due by 7/31/2008. Non-Dispositive Motion Filing due by 7/31/2008. Joint Pretrial Order due by 10/30/2008. ( Signed by Judge Stephen Wm Smith ) Parties notified. (jmarchand) |
| November 7, 2007 | 25 | STIPULATION re: to Extend Submission Date on Intervenor Sorenson's Motion to Dismiss by Nathan Smith, filed.(Schwartz, Richard) |
| November 8, 2007 | 26 | Stipulation and Order to Extend Submission Date on Intervenor Sorenson's Motion to Dismiss to November 21, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| November 20, 2007 | 27 | Unopposed MOTION to Seal Documents by Nathan Smith, filed. Motion Docket Date 12/10/2007. (Schwartz, Richard) |
| November 20, 2007 | 28 | PROPOSED ORDER re: 27 Unopposed MOTION to Seal Documents, filed.(Schwartz, Richard) |
| November 21, 2007 | 29 | RESPONSE to 21 Opposed MOTION to Dismiss 1 Complaint, filed by Nathan Smith. (Schwartz, Richard) |
| November 21, 2007 | 30 | EXHIBITS re: 29 Response to Motion by Nathan Smith, filed.(Schwartz, Richard) |
| November 21, 2007 | 31 | PROPOSED ORDER re: 29 Response to Motion, filed.(Schwartz, Richard) |
| November 27, 2007 | 32 | REPLY in Support of 21 Opposed MOTION to Dismiss 1 Complaint, filed by Marie Sorenson. (Walker, Ronald) |
| November 27, 2007 | 33 | ORDER granting 27 Motion to Seal Documents.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| November 30, 2007 | 34 | Nathan Smith's Sur-Reply to Intevenor Sorenson's Reply Regarding Sorenson's 21 MOTION to Dismiss, by Nathan Smith, filed.(Schwartz, Richard) Linked to #21 on 12/5/2007 (ltien, ). |
| January 31, 2008 | 35 | MOTION for Leave to File First Amended Original Complaint by Nathan Smith, filed. Motion Docket Date 2/20/2008. (Attachments: # 1 Complaint First Amended# 2 Proposed Order)(Schwartz, Richard) |
| February 22, 2008 | 36 | ORDER granting 35 Motion for Leave to File First Amended Complaint.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| February 22, 2008 | 37 | First Amended Original Complaint against Killeen & Stern, PC, Marie Sorenson, The Abandoned Vessel filed by Nathan Smith.(ealexander, ) |
| February 25, 2008 | 38 | ORDER denying 21 Motion to Dismiss.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| April 21, 2008 | 39 | STIPULATION re: Parties' Expert Report Deadline by Nathan Smith, filed.(Schwartz, Richard) |
| April 22, 2008 | 40 | ORDER to Extend the Parites' Expert Report Deadline. Plaintiff's expert report deadline to reset to May 30, 2008. Intervenor's expert report deadline is moved to June 30, 2008.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
| May 7, 2008 | 41 | Suggestion of Death and Unopposed Motion to Substitute Proper Party Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, Intervenor, in place of Marie Sorenson. (Attachments: # 1 Proposed Order)(Walker, Ronald) |
| May 9, 2008 | 42 | Agreed PROPOSED ORDER Protective, filed.(Schwartz, Richard) |
| May 12, 2008 | 43 | ORDER granting 41 Motion to Substitute Party. Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, is substituted as the Interenor in this matter added..(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| May 12, 2008 | 44 | AGREED PROTECTIVE ORDER.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| May 30, 2008 | 45 | STIPULATION re: Extending the Parties' Expert Report Deadline by Nathan Smith, filed.(Schwartz, Richard) |
| June 3, 2008 | 46 | ORDER that Plaintiff's expert report dealine is moved to June 30, 2008 and Intervenor's expert report deadline is moved to July 30, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| August 21, 2008 | 50 | Agreed MOTION to Seal Docket Numbers 048 and 049 by Morgan Dunn O'Connor, filed. Motion Docket Date 9/10/2008. (Attachments: # 1 Proposed Order)(Walker, Ronald) |
| August 22, 2008 | 51 | ORDER granting 50 Agreed Motion to Seal.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| September 22, 2008 | 55 | ORDER denying 47 Sealed Motion. Further Plaintiff's Motion for Partial Summary Judgment and Renewal of her Motion to Dismiss (Inst. # 48) is denied.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| October 14, 2008 | 56 | SCHEDULING ORDER. ETT: 3 days. Bench Trial. Pretrial Conference set for 10/22/2008 at 09:45 AM in Courtroom 8A before Judge David Hittner.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| October 14, 2008 | 57 | ORDER that the parties are to exchange all trial exhibits on or before October 30, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| October 22, 2008 | 58 | Minute Entry for proceedings held before Judge David Hittner. Final PRETRIAL CONFERENCE held on 10/22/2008. Written order to issue. Appearances: Adrian Green, Ronald B. Walker, Terry Carroll(Court Reporter: Gayle Dye), filed.(ealexander, ) |
| October 22, 2008 | 59 | SCHEDULING ORDER. ETT: 2-3 days. Bench. Joint Pretrial Order due by 11/7/2008 Bench Trial set for 12/29/2008 at 10:00 AM in Courtroom 8A before Judge David Hittner.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| November 14, 2008 | 62 | ORDER granting 61 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| November 18, 2008 | 63 | TRANSCRIPT re: Hearing held on 10-22-2008 before Judge David Hittner. Court Reporter/Transcriber Dye. Release of Transcript Restriction set for 2/17/2009., filed. (gdye, ) |
| November 19, 2008 | 64 | Notice of Filing of Official Transcript as to 63 Transcript. Party notified, filed. (dclark, ) |
| December 12, 2008 | 66 | ORDER ; Motion-related deadline set re: 65 Sealed Event, ORDER Setting Hearing on Motion 65 Sealed Event :( Motion Hearing set for 12/29/2008 at 10:00 AM in Courtroom 8A before Judge David Hittner).(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| December 18, 2008 | 69 | RESPONSE NOT OPPOSING PLAINTIFF'S PROPOSED DEPOSITION AND OPPOSING ANY CONTINUANCE, filed by Morgan Dunn O'Connor. (Walker, Ronald) |
| December 18, 2008 | 71 | ORDER granting 67 Motion for Expedited Consideration of Plaintiff's Motion for Leave to take the Deposition of a Newly Discovered Witness and denying the motion for continuance. Plaintiff is granted leave to take the deposition of Garrett Engelking on December 19, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| December 29, 2008 | 77 | ORDER granting 65 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| December 29, 2008 | 78 | OBJECTION to Presentation of Evidence at Trial by Intervenor, filed by Nathan Smith. (ealexander, ) |
| December 29, 2008 | 79 | Minute Entry for proceedings held before Judge David Hittner. First day of BENCH TRIAL held on 12/29/2008 and continued to December 30, 2008 at 10:00 a.m. Testimony taken. The transcript of this proceeding is SEALED. Appearances: Richard Terry Carroll, Adrian Greene, Austin Schwartz, Ronald B Walker.(Court Reporter: Anita Manley), filed.(ealexander, ) |
| December 29, 2008 | 80 | ORDER granting 75 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| December 29, 2008 | 81 | ORDER granting 76 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| December 30, 2008 | 82 | Minute Entry for proceedings held before Judge David Hittner. Second day of BENCH TRIAL held on 12/30/2008. Plaintiff rests. Defendant's Motion for Directed Verdict heard and denied. Defendant presents case and rest. Findings of Fact and Conclusions of Law due to be filed on March 2, 2009. (The transcript of this day of trial is sealed.) Appearances: Terry Carroll, Adrian Greene, Richard Austin Schwartz, Ronald B Walker.(Court Reporter: Bruce Slavin), filed.(ealexander, ) Modified on 12/31/2008 (ealexander, ). |
| December 30, 2008 | 85 | Exhibit List by Nathan Smith, filed.(ealexander, ) |
| December 30, 2008 | 86 | Exhibit List by Morgan Dunn O'Connor, Marie Sorenson, filed.(ealexander, ) |
| February 3, 2009 | 89 | MOTION for Joe H. Thrash to Appear Pro Hac Vice by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) |
| February 3, 2009 | 90 | ANSWER to 37 Amended Complaint/Counterclaim/Crossclaim etc. by Texas Historical Commission, filed.(ealexander, ) |
| February 3, 2009 | 91 | MOTION to Intervene by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) |
| February 3, 2009 | 92 | MOTION to Dismiss or for Judgment by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) |
| February 4, 2009 | 93 | ORDER granting 89 Motion to Appear Pro Hac Vice on behalf of Joe H. Thrash.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| February 19, 2009 | 94 | ORDER denying as moot 91 Motion to Intervene; denying as moot 92 Motion to Dismiss.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| February 23, 2009 | 95 | ORDER that the Texas Historical Commission's Amended Motion to Intervene is denied.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| March 20, 2009 | 100 | ORDER denying 98 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| March 24, 2009 | 101 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 95 Order by Texas Historical Commission (Filing fee $ 455, receipt number 05410000000004849631), filed.(Thrash, Joe) |
| March 25, 2009 | 102 | Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (1 copies). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 101 Notice of Appeal, filed.(ypippin, ) |
| April 2, 2009 | 103 | DKT-13 TRANSCRIPT ORDER FORM by Joe Thrash. Transcript is unnecessary for appeal purposes.. This order form relates to the following: 101 Notice of Appeal, filed.(mmapps, ) |
| April 9, 2009 | 104 | Notice of Assignment of USCA No. 09-20206 re: 101 Notice of Appeal, filed. (mewilliams, ) |
| April 10, 2009 | 105 | DKT-13 TRANSCRIPT ORDER FORM by Richard A. Schwartz. Transcript is already on file in Clerk's office. Hearing before Judge David Hittner Court Reporter/Transcriber: A. Manley and Bruce Slavin. This order form relates to the following: 101 Notice of Appeal, filed.(chorace) |
| April 10, 2009 | 106 | Transmittal Letter on Appeal Certified re: 101 Notice of Appeal. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 4 total volumes and 3 envelopes of sealed records. (USCA No. 09-20206), filed.(ypippin, ) |
| April 27, 2009 | 107 | FINDINGS OF FACT AND CONCLUSIONS OF LAW - Plaintiff's claims are dismissed and the Intervenor's request for attorneys' fees is denied. The parties shall pay their own costs.(Signed by Judge David Hittner) (Attachments: # 1 Continuation) Parties notified.(ealexander, ) |
| April 27, 2009 | 108 | FINAL JUDGMENT. Case terminated on April 27, 2009.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| April 29, 2009 | 109 | ORDER.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| May 11, 2009 | 110 | MOTION to Amend 108 Final Judgment, 107 Findings of Fact & Conclusions of Law, by Nathan Smith, filed. Motion Docket Date 6/1/2009. (Attachments: # 1 Proposed Order)(Schwartz, Richard) |
| May 12, 2009 | 111 | ORDER denying 110 Motion to Amend the Court's Findings of Fact and Conclusions of Law and Judgment.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| May 21, 2009 | 112 | Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: 101 Notice of Appeal; consisting of 2 envelopes sealed documents - copies shredded (USCA No. 09-20206), filed.(pjameson, ) |
| May 21, 2009 | 113 | Order of USCA for the Fifth Circuit (copy) dated 5/18/2009 re: 101 Notice of Appeal ; USCA No. 09-20206. Pursuant to Appellant's Motion -- Appeal is dismissed, filed.(pjameson, ) |
| June 2, 2009 | 114 | ORDER that the parties are to retrieve all trial exhibits on or before June 22, 2009. If the parties fail to pick up the exhibits they will be destroyed after June 22, 2009.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
| June 10, 2009 | 115 | Receipt for Withdrawal of Exhibits by attorney for Nathan Smith, filed.(ealexander, ) |
| June 10, 2009 | 116 | Receipt for Withdrawal of Exhibits by attorney for Morgan Dunn O'Connor, Morgan Dunn O'Connor, filed.(ealexander, ) |
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| Plaintiff: Nathan Smith | |
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| Defendant: The Abandoned Vessel | |
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