Institute for Creation Research Graduate School v. Texas Higher Education Coordinating Board et al
| Institute for Creation Research Graduate School |
| Texas Higher Education Coordinating Board, Commissioner Raymund Paredes, Lyn Bracewell Phillips, Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich and Robert Shepard |
| 1:2009cv00382 |
| May 13, 2009 |
| US District Court for the Western District of Texas |
| Austin Office |
| Travis |
| Sam Sparks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 24, 2010. A more recent docket listing may be available from PACER.
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| Filing 63 JUDGMENT in favor of defendants against plaintiff.. Signed by Judge Sam Sparks. (mc2, ) |
Filing 62
ORDER DISMISSING as moot #34 Motion to Strike; DISMISSING as moot #51 Motion for scheduling relief; DENYING #53 Motion for Summary Judgment; GRANTING #54 Motion for Summary Judgment. Signed by Judge Sam Sparks. (mc2, )
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| Filing 61 REPLY to Response to Motion, filed by Institute for Creation Research Graduate School, re #53 Final MOTION for Summary Judgment (comprehensive Rule 56 motion)Final MOTION for Summary Judgment (comprehensive Rule 56 motion) filed by Plaintiff Institute for Creation Research Graduate School [this REPLY replies to Doc 60] (Johnson, James) |
| Notice of Correction: re 56 Order on Motion for Summary Judgment,, Order on Motion for Leave to File, Order on Motion for Partial Summary Judgment, Order on Motion for Extension of Time to File Response/Reply,,,,, 40 MOTION to Strike 38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION to Strike 38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION to Strike 38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second. Added for termination Dkt. 40 Motion to Strike. (mc2, ) |
| Notice of Correction: re #56 Order on Motion for Summary Judgment,, Order on Motion for Leave to File, Order on Motion for Partial Summary Judgment, Order on Motion for Extension of Time to File Response/Reply,,,,, #40 MOTION to Strike #38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION to Strike #38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION to Strike #38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second. Added for termination Dkt. #40 Motion to Strike. (mc2, ) |
| Filing 60 Response in Opposition to Motion, filed by Laurie Bricker, Joe B. Hinton, Elaine Mendoza, Raymund Paredes, Brenda Pejovich, Lyn Bracewell Phillips, A.W. "Whit" Riter, III, Robert Shepard, Texas Higher Education Coordinating Board, (Attachments: #1 Proposed Order)(Dahlberg, Shelley) |
| Filing 59 Response in Opposition to Motion, filed by Institute for Creation Research Graduate School, re #54 MOTION for Summary Judgment filed by Defendant Laurie Bricker, Defendant Texas Higher Education Coordinating Board, Defendant Brenda Pejovich, Defendant Joe B. Hinton, Defendant Elaine Mendoza, Defendant A.W. "Whit" Riter, III, Defendant Lyn Bracewell Phillips, Defendant Raymund Paredes, Defendant Robert Shepard w/ attachments pursuant to Fed.R.Civ.P. Rule 56, w/ some exhibits being mailed because they cannot be e-filed (Attachments: #1 Appendix Appendix of Rule 56 Proof, supporting ICRGS's Response in Opposition to Defendants' Motion for Summary Judgment, #2 Affidavit Dr. Nason Declaration re Objection #3, #3 Affidavit Verification re THECB Emails, #4 Affidavit Dr. Nason Declaration re Objections #4 & #5, #5 Affidavit Dr. Nason Declaration re Objection #6, #6 Affidavit Dr. John Morris Declaration re Objection #6, etc., #7 Exhibit Verification re Notice of Exhibits TO BE MAILED TO COURT, because books & DVDs can't be e-filed), #8 Affidavit Dr. Jeanson Declaration re Objection #6, #9 Exhibit ICRGS's SOAH Petition (excluding its Appendices A to Z), #10 Exhibit SOAH Chart: AAAS Benchmarks re Curriculum Coverage (succinct), #11 Exhibit Deposition Chart: AAAS Benchmarks re Curriculum Coverage (course syllabi detail), #12 Affidavit Prof. Thomas Declaration re Objection #6, #13 Affidavit Prof. Sherwin Declaration re Objections #6 & #8, #14 Affidavit Dr. McCombs Affidavit re Objections #6 & #8, #15 Affidavit Verification re No Expert Opinions Summaries, re Objection #7, #16 Exhibit Objection #7-related Exhibit (Pages that THECB cited for its Expert Opinions Summaries), #17 Exhibit Verified Notice re ICRGS Viewpoint, w/ Examples of "Serious Science" & Science Education (re Objections #9 & #12), #18 Exhibit Demonstrative Exhibit: Cardinal Pictures (relevant to Objection #6, #19 Proposed Order (would resolve summary judgment motions filed by both sides))(Johnson, James) |
| Filing 58 ADVISORY TO THE COURT by Institute for Creation Research Graduate School (Letter request for ICRGS, re scheduling need). (Johnson, James) |
| Filing 57 Minute Entry for proceedings held before Judge Sam Sparks: Status Conference via telephone held on 5/27/2010 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(mc2, ) |
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Filing 56
ORDER TERMINATING #30 Motion for Summary Judgment; TERMINATING #38 Motion for Summary Judgment; TERMINATING #39 Motion for Leave to File; TERMINATING [] Motion for Partial Summary Judgment; TERMINATING #40 Motion to Strike; TERMINATING #45 Motion for Extension of Time to File Response/Reply; all withdrawn per Notice of Withdawal, Dkt. #47 . Signed by Judge Sam Sparks. (mc2, ) Modified on 6/8/2010 to add additional motion to terminate and add text (mc2, ).
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Filing 55
ORDER, (Status Conference set for 5/27/2010 09:00 AM before Judge Sam Sparks.). Signed by Judge Sam Sparks. (td)
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| Filing 54 MOTION for Summary Judgment by Laurie Bricker, Joe B. Hinton, Elaine Mendoza, Raymund Paredes, Brenda Pejovich, Lyn Bracewell Phillips, A.W. "Whit" Riter, III, Robert Shepard, Texas Higher Education Coordinating Board. (Attachments: #1 Exhibit 1, #2 Exhibit 1a, #3 Exhibit 1b, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 4a, #8 Exhibit 4b, #9 Exhibit 4c, #10 Exhibit 4d, #11 Exhibit 4e, #12 Exhibit 4f, #13 Exhibit 4g, #14 Exhibit 4h, #15 Exhibit 4i, #16 Exhibit 4j, #17 Exhibit 4k, #18 Exhibit 4l, #19 Exhibit 5, #20 Exhibit 6, #21 Exhibit 7, #22 Exhibit 8, #23 Exhibit 9, #24 Exhibit 10, #25 Exhibit 11, #26 Exhibit 12, #27 Exhibit 13, #28 Exhibit 14, #29 Exhibit 15, #30 Proposed Order)(Dahlberg, Shelley) |
| Filing 53 Final MOTION for Summary Judgment (comprehensive Rule 56 motion) by Institute for Creation Research Graduate School. (Attachments: #1 Appendix, #2 Affidavit, #3 Exhibit, #4 Affidavit, #5 Affidavit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Affidavit, #10 Affidavit, #11 Affidavit, #12 Exhibit, #13 Affidavit, #14 Exhibit, #15 Affidavit, #16 Affidavit, #17 Proposed Order)(Johnson, James) |
| Filing 52 ADR Report Filed - NON-CONSENT to Alternate Dispute Resolution (ADR) by Laurie Bricker, Joe B. Hinton, Elaine Mendoza, Raymund Paredes, Brenda Pejovich, Lyn Bracewell Phillips, A.W. "Whit" Riter, III, Robert Shepard, Texas Higher Education Coordinating Board, Institute for Creation Research Graduate School Joint (Dahlberg, Shelley) Modified on 4/30/2010 to add filer (td). |
| Filing 51 Unopposed MOTION for Scheduling Relief by Institute for Creation Research Graduate School. (Attachments: #1 Proposed Order (for Granting Scheduling Relief))(Johnson, James) |
| Filing 50 Witness List by Institute for Creation Research Graduate School 1st Amended List, including Expert Witnesses. (Johnson, James) |
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Filing 49
ORDER Cancelling Deadline - 2/22/10 hearing on all pending matters. Signed by Judge Sam Sparks. (mc2, )
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| Filing 48 ADVISORY TO THE COURT by Laurie Bricker, Joe B. Hinton, Institute for Creation Research Graduate School, Elaine Mendoza, Raymund Paredes, Brenda Pejovich, Lyn Bracewell Phillips, A.W. "Whit" Riter, III, Robert Shepard, Texas Higher Education Coordinating Board Joint. (Dahlberg, Shelley) |
| Filing 47 NOTICE of Withdrawal of Pending Motions, Objections, etc by Laurie Bricker, Joe B. Hinton, Institute for Creation Research Graduate School, Elaine Mendoza, Raymund Paredes, Brenda Pejovich, Lyn Bracewell Phillips, A.W. "Whit" Riter, III, Robert Shepard, Texas Higher Education Coordinating Board (Dahlberg, Shelley) |
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Filing 46
ORDER, ( Miscellaneous Hearing on all pending matters set for 2/22/2010 09:00 AM before Judge Sam Sparks.). Signed by Judge Sam Sparks. (mc2, )
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| Filing 45 Unopposed MOTION for Extension of Time to File Response/Reply as to #38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law) by Laurie Bricker, Joe B. Hinton, Elaine Mendoza, Raymund Paredes, Brenda Pejovich, Lyn Bracewell Phillips, A.W. "Whit" Riter, III, Robert Shepard, Texas Higher Education Coordinating Board. (Attachments: #1 Proposed Order)(Dahlberg, Shelley) |
| Filing 44 DESIGNATION OF EXPERT WITNESSES by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips Amended. (Dahlberg, Shelley) |
| Filing 43 Response in Opposition to Motion, filed by Institute for Creation Research Graduate School, re #40 MOTION to Strike #38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION to Strike #38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION to Strike #38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second filed by Defendant Laurie Bricker, Defendant Texas Higher Education Coordinating Board, Defendant Brenda Pejovich, Defendant Joe B. Hinton, Defendant Elaine Mendoza, Defendant A.W. "Whit" Riter, III, Defendant Lyn Bracewell Phillips, Defendant Raymund Paredes, Defendant Robert Shepard ICRGS's "Response in Opposition to Defendants' 'Motion to Strike' ICRGS's 2nd Rule 56 Motion" (Attachments: #1 Proposed Order 1st order proposed by ICRGS, #2 Proposed Order alternative order proposed by ICRGS)(Johnson, James) |
| Notice of Correction: re Cross MOTION for Partial Summary Judgment, 42 Response in Opposition to Motion. This electronic filing contains both a Response to a Motion, and a Cross Motion for Partial Summary Judgment. The Administrative Policies and Procedures for Electronic Filing require that mixed type documents be submitted separate from each other. We have made the necessary correction to the docket to reflect the filing of a new motion filing. No further action is required. Please note this information for future filing purposes. (mc2, ) |
| Notice of Correction: re Cross MOTION for Partial Summary Judgment, #42 Response in Opposition to Motion. This electronic filing contains both a Response to a Motion, and a Cross Motion for Partial Summary Judgment. The Administrative Policies and Procedures for Electronic Filing require that mixed type documents be submitted separate from each other. We have made the necessary correction to the docket to reflect the filing of a new motion filing. No further action is required. Please note this information for future filing purposes. (mc2, ) |
| Cross MOTION for Partial Summary Judgment by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips (contained in Response to Motion, Dkt. #42 ). (mc2, ) |
| Cross MOTION for Partial Summary Judgment by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips (contained in Response to Motion, Dkt. 42 ). (mc2, ) |
| Filing 42 Response in Opposition to Motion, filed by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips, and Cross Motion for Partial Summary Judgment (Attachments: #1 Appendix A, #2 Proposed Order)(Dahlberg, Shelley) |
| Filing 41 Response in Opposition to Motion, filed by Institute for Creation Research Graduate School, re #39 Unopposed MOTION for Leave to File Exhibit and Witness Lists filed by Defendant Laurie Bricker, Defendant Texas Higher Education Coordinating Board, Defendant Brenda Pejovich, Defendant Joe B. Hinton, Defendant Elaine Mendoza, Defendant A.W. "Whit" Riter, III, Defendant Lyn Bracewell Phillips, Defendant Raymund Paredes, Defendant Robert Shepard [ "Limited Opposition to Defendants' Proposed Witness List"] (Attachments: #1 Proposed Order)(Johnson, James) |
| Filing 40 MOTION to Strike #38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law)Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law) by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (Attachments: #1 Proposed Order)(Dahlberg, Shelley) |
| Filing 39 Unopposed MOTION for Leave to File Exhibit and Witness Lists by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Dahlberg, Shelley) |
| Filing 38 Second MOTION for Summary Judgment (re THECB Rule 7.7(12)(D), in rel. to Free Speech and Texas RFRA law) by Institute for Creation Research Graduate School. (Attachments: #1 Proposed Order (proposed order for ICRGS's 2nd MSJ), #2 Appendix (Appendix re docs supporting ICRGS's 2nd MSJ), #3 Affidavit (Dr. Nason's 1st Declaration, for ICRGS's 2nd MSJ), #4 Exhibit (THECB's 2007 Site Evaluation Report on ICRGS), #5 Exhibit (Chart showing ICRGS curriculum & AAAS Benchmarks standards), #6 Affidavit (Affidavit of Dr. McCombs), #7 Affidavit (1st Declaraton of Frank Sherwin), #8 Exhibit (ICRGS's Appendix R to its March 2008 Progress Report), #9 Exhibit (ICR bioscience article by Brian Thomas), #10 Exhibit (ICR geosience article by ICRGS's Dr. Austin), #11 Affidavit (Dr. Guliuzza's 1st Declaration re Medical M.R.I. Usage & the Scientific Method))(Johnson, James) |
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Filing 36
ORDER GRANTING #31 Motion for Leave to File defendant's expert designation. Signed by Judge Sam Sparks. (mc2, )
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Filing 35
ORDER GRANTING #32 Motion for Extension of Time to File Response to summary judgment motion until 2/8/10. Signed by Judge Sam Sparks. (mc2, )
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| Filing 34 CORRECTED MOTION (ICRGS's Motin with Objections to Defendants' Designaa=ted Experts [replaces yesterday's "Response with Limited Objetions"] by Institute for Creation Research Graduate School. (Attachments: #1 Proposed Order (for ICRGS's Motion with Objections to Defendants' Designated Experts, #2 Appendix supporting ICRGS's Motion with Objections to defendants' designation of experts)(Johnson, James) |
| Filing 33 RESPONSE with Limited Objections to Defendants' Designation of Expert Witnesses by Institute for Creation Research Graduate School. (Attachments: #1 Proposed Order (to Sustain Limited Objections to Defendants' Designated Experts), #2 Affidavit in suppport of Reesponse with Limited Objections to Defendants' Designation of Experts)(Johnson, James) |
| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (Attachments: #1 Proposed Order)(Dahlberg, Shelley) |
| Filing 37 DESIGNATION OF EXPERT WITNESSES - designation of experts - by Texas Higher Education Coordinating Board. (mc2, ) |
| Filing 31 Agreed MOTION for Leave to File Defendant's Designation of Expert Witnesses by Texas Higher Education Coordinating Board. (Attachments: #1 Proposed Order, #2 Exhibit)(Dahlberg, Shelley) |
| Filing 30 MOTION for Summary Judgment (re-urgin the prior Rule 12(c) moiton, plus ruling re vagueness challenge, delegation challenge, and Tex. Educ. Code section 1.001(a), etc. by Institute for Creation Research Graduate School. (Attachments: #1 Appendix Appendix to ICRGS's Motion for Summary Judgment, #2 Exhibit Exhibit A: Declaration of ICR's CFO, #3 Exhibit Exhibit B: Dr. Nason's 1st Affidavit, #4 Exhibit Exhibit C: Dr. Nason's 2nd Affidavit, #5 Exhibit Exhibit D: THECB Commissioner's Recommendation, #6 Exhibit Exhibit E: THECB denial ruling (formal letter version), #7 Exhibit Exhibit F: Dr. Guliuzza's Declaration re Medical MRI usage, #8 Exhibit Exhibit G: Dr. Guliuzza's Affidavit re competence in science, etc., #9 Proposed Order proposed order (to grant Rule 56 relief to ICRGS))(Johnson, James) |
| Filing 29 Exhibit List (Plaintiff's List of Trial Exhibits) by Institute for Creation Research Graduate School.. (Johnson, James) |
| Filing 28 WITNESS/EXHIBIT/EXPERT LIST by Institute for Creation Research Graduate School (Plaintiff's List of Potential Witnesses, including Expert Witnesses). (Johnson, James) |
| Filing 27 Defendants ANSWER to #26 Amended Complaint by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips.(Dahlberg, Shelley) |
| Filing 26 AMENDED COMPLAINT 2nd Amended, after ordered repleading against all defendants amending #8 Amended Complaint., filed by Institute for Creation Research Graduate School.(Johnson, James) |
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Filing 25
SCHEDULING ORDER: Docket Call set for 6/25/2010 11:00 AM before Judge Sam Sparks. ADR Report Deadline due by 4/30/2010. Amended Pleadings due by 8/31/2009. Discovery due by 3/8/2010. Joinder of Parties due by 8/31/2009. Motions due by 5/7/2010.. Signed by Judge Sam Sparks. (mc2, )
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Filing 24
ORDER DENYING #10 Motion to Dismiss ; DENYING [] Motion ; DENYING #11 Motion for Judgment on the Pleadings, and that plaintiff file an amended complaint within 20 days of this order. Signed by Judge Sam Sparks. (mc2, )
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| Filing 23 Minute Entry for proceedings held before Judge Sam Sparks: Miscellaneous Hearing held on 7/29/2009 (Minute entry documents are not available electronically.), Motion Hearing held on 7/29/2009 re #10 MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION to Dismiss and Motion for Rule 7(A) Reply filed by Laurie Bricker, Texas Higher Education Coordinating Board, Brenda Pejovich, Joe B. Hinton, Elaine Mendoza, A.W. "Whit" Riter, III, Lyn Bracewell Phillips, Raymund Paredes, Robert Shepard, #11 MOTION for Judgment on the Pleadings (rel. Tex. Educ. Code section 1.001(a)) MOTION for Judgment on the Pleadings (rel. Tex. Educ. Code section 1.001(a)) filed by Institute for Creation Research Graduate School, MOTION for Rule 7(a) reply re #10 MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION for Rule 7(a) reply re #10 MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION to Dismiss and Motion for Rule 7(A) Reply filed by Laurie Bricker, Texas Higher Education Coordinating Board, Brenda Pejovich, A.W. "Whit" Riter, III, Elaine Mendoza, Joe B. Hinton, Lyn Bracewell Phillips, Raymund Paredes, Robert Shepard (Minute entry documents are not available electronically.). (Court Reporter Denver Roden.)(mc2, ) |
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Filing 22
ORDER, ( Miscellaneous Hearing - on all pending matters - set for 7/29/2009 09:00 AM before Judge Sam Sparks.). Signed by Judge Sam Sparks. (mc2, )
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| Filing 21 Proposed Scheduling Order Joint by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips, Institute for Creation Research Graduate School. (Dahlberg, Shelley) Modified on 7/7/2009 to add filer (mc2, ). |
| Filing 20 CERTIFICATE OF SERVICE by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips Corrected #18 Reply to Response to Motion,,,,, (Dahlberg, Shelley) |
| Filing 19 DEFICIENCY NOTICE: re #18 Reply to Response to Motion. (mc2, ) |
| Filing 18 REPLY to Response to Motion, filed by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips, re #10 MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION to Dismiss and Motion for Rule 7(A) Reply filed by Defendant Laurie Bricker, Defendant Texas Higher Education Coordinating Board, Defendant Brenda Pejovich, Defendant Joe B. Hinton, Defendant Elaine Mendoza, Defendant A.W. "Whit" Riter, III, Defendant Lyn Bracewell Phillips, Defendant Raymund Paredes, Defendant Robert Shepard, MOTION for Rule 7(a) reply re #10 MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION for Rule 7(a) reply re #10 MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION to Dismiss and Motion for Rule 7(A) Reply filed by Defendant Laurie Bricker, Defendant Texas Higher Education Coordinating Board, Defendant Brenda Pejovich, Defendant A.W. "Whit" Riter, III, Defendant Elaine Mendoza, Defendant Joe B. Hinton, Defendant Lyn Bracewell Phillips, Defendant Raymund Paredes, Defendant Robert Shepard (Dahlberg, Shelley) |
| Filing 17 Pretrial Disclosures Joint Rule 26(f) Report by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (Dahlberg, Shelley) |
| Filing 16 REPLY to Response to Motion, filed by Institute for Creation Research Graduate School, re #11 MOTION for Judgment on the Pleadings (rel. Tex. Educ. Code section 1.001(a)) MOTION for Judgment on the Pleadings (rel. Tex. Educ. Code section 1.001(a)) filed by Plaintiff Institute for Creation Research Graduate School (with Stipulation # 12 attached) (Johnson, James) |
| Filing 15 Response in Opposition to Motion, filed by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips, re #11 MOTION for Judgment on the Pleadings (rel. Tex. Educ. Code section 1.001(a)) MOTION for Judgment on the Pleadings (rel. Tex. Educ. Code section 1.001(a)) filed by Plaintiff Institute for Creation Research Graduate School (Attachments: #1 Proposed Order)(Dahlberg, Shelley) |
| Filing 14 Proposed Order re #12 Response in Opposition to Motion, filed by Institute for Creation Research Graduate School, re #10 MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION to Dismiss and Motion for Rule 7(A) Reply filed by Defendant Laurie Bricker, Defendant Texas Higher Education Coordinating Board, Defendant Brenda Pejovich, Defendant Joe B. Hinton, Defendant Elaine Mendoza, Defendant A.W. "Whit" Riter, III, Defendant Lyn Bracewell Phillips, Defendant Raymund Paredes, Defendant Robert Shepard (Attachments: #1 Appendix proposed order to Response)(Johnson, James) Modified on 6/25/2009 to link to Response and add text (mc2, ). |
| Filing 13 DEFICIENCY NOTICE: re #12 Response in Opposition to Motion. (mc2, ) |
| Filing 12 Response in Opposition to Motion, filed by Institute for Creation Research Graduate School, re #10 MOTION to Dismiss and Motion for Rule 7(A) Reply MOTION to Dismiss and Motion for Rule 7(A) Reply filed by Defendant Laurie Bricker, Defendant Texas Higher Education Coordinating Board, Defendant Brenda Pejovich, Defendant Joe B. Hinton, Defendant Elaine Mendoza, Defendant A.W. "Whit" Riter, III, Defendant Lyn Bracewell Phillips, Defendant Raymund Paredes, Defendant Robert Shepard re Rules 12(b)(1), 12(b)(6), & 7(a) (Johnson, James) |
| Filing 11 MOTION for Judgment on the Pleadings (rel. Tex. Educ. Code section 1.001(a)) by Institute for Creation Research Graduate School. (Attachments: #1 Appendix Declaration of ICR's Acting CFO, #2 Proposed Order Order Granting Judgment on the Pleadings)(Johnson, James) |
| Filing 10 MOTION to Dismiss and Motion for Rule 7(A) Reply by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (Attachments: #1 Proposed Order Granting Defendants' Rule 12(b) Partial Motion to Dismiss, #2 Proposed Order on Defendants' Motion for Rule 7 Reply)(Dahlberg, Shelley) |
| MOTION for Rule 7(a) reply (contained in Dkt. 10 MOTION to Dismiss by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (mc2, ) |
| MOTION for Rule 7(a) reply (contained in Dkt. #10 MOTION to Dismiss by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (mc2, ) |
| Filing 8 AMENDED COMPLAINT (1st amended, repleading after removal) against all defendants amending, filed by Institute for Creation Research Graduate School.(Johnson, James) |
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Filing 9
ORDER GRANTING #7 Motion to Appear Pro Hac Vice as to John Eidsmoe. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Sam Sparks. (mc2, )
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| Filing 7 MOTION to Appear Pro Hac Vice by James J. Johnson for John Eidsmoe ( Filing fee $ 25 receipt number 05420000000002032678) by on behalf of Institute for Creation Research Graduate School. (Johnson, James) |
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Filing 6
ORDER that plaintiff refile the complaint within 15 days of this date in compliance with Federal Rules and Standing Order. Signed by Judge Sam Sparks. (mc2, )
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Filing 5
Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling Recommendations/Proposed Scheduling Order due by 7/13/2009.. Signed by Judge Sam Sparks. (mc2, )
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| Filing 4 SUPPLEMENT to #2 Order, #1 Notice of Removal,, Docket Sheet from Travis County by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (Dahlberg, Shelley) |
| Filing 3 Letter/Correspondence to counsel John Eidsmoe regarding non-admission status. (tdk, ) |
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Filing 2
ORDER that the removing parties supplement the record with state court filings. Signed by Judge Sam Sparks. (tdk, )
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| Notice of Correction: re 4 Supplement. This electronic submission was not prepared in pleading form. In the future, should you need to submit an exhibit or document that is not a pleading, please prepare a pleading complete with style and case number, titling it to describe the attached exhibit/document, and have it signed by an attorney of record, and complete a certificate of service, before electronically submitting it. No action is required. Please note this information for future filings. (mc2, ) |
| Notice of Correction: re #4 Supplement. This electronic submission was not prepared in pleading form. In the future, should you need to submit an exhibit or document that is not a pleading, please prepare a pleading complete with style and case number, titling it to describe the attached exhibit/document, and have it signed by an attorney of record, and complete a certificate of service, before electronically submitting it. No action is required. Please note this information for future filings. (mc2, ) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $350 receipt number 100002309), filed by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (Attachments: #1 Plaintiff's Original Petition, #2 Exhibits 1, 2, and 3 to Plaintiff's Original Petition - part 1 of 2, #3 Continuation of Exhibits to Plaintiff's Original Petition - part 2 of 2, #4 Defendants' Answer and Affirmative Defenses, #5 Defendants' Notice of Filing of Notice of Removal, #6 Civil Cover Sheet, supplement to civil cover sheet, receipt, and cover letter)(tdk, ) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $350 receipt number 100002309), filed by Joe B. Hinton, Elaine Mendoza, Laurie Bricker, A.W. "Whit" Riter, III, Brenda Pejovich, Robert Shepard, Texas Higher Education Coordinating Board, Raymund Paredes, Lyn Bracewell Phillips. (Attachments: # 1 Plaintiff's Original Petition, # 2 Exhibits 1, 2, and 3 to Plaintiff's Original Petition - part 1 of 2, # 3 Continuation of Exhibits to Plaintiff's Original Petition - part 2 of 2, # 4 Defendants' Answer and Affirmative Defenses, # 5 Defendants' Notice of Filing of Notice of Removal, # 6 Civil Cover Sheet, supplement to civil cover sheet, receipt, and cover letter)(tdk, ) |
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