Bellard et al v. The University Of Texas MD Anderson Cancer Center
| BOBBY BELLARD, CRAIG MESSICK and BARBRA SPEER |
| The University Of Texas MD Anderson Cancer Center, Peter W.T. Pisters, Rosanna Morris, Carin Hagberg, Welela Tereffe, Roy Chemaly, Shibu Varghese and John Does 1-5 |
| 3:2022cv00088 |
| March 18, 2022 |
| US District Court for the Southern District of Texas |
| Jeffrey V Brown |
| Andrew M Edison |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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Filing 79
MEMORANDUM OPINION AND ORDER denying #69 Opposed MOTION for Reconsideration of #59 Memorandum and OrderOpposed MOTION to Amend #21 Amended Complaint/Counterclaim/Crossclaim etc., granting #77 Unopposed MOTION for Leave to File Reply to Defendants Response (Dkt. 73) to Plaintiffs Motion For Reconsideration and Leave to Amend Complaint to Plead Facts Uncovered During Discovery (Dkt. 69) (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 78
NOTICE of Setting. Parties notified. Mediation set for 8/24/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (RubenCastro, 3)
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Filing 77
Unopposed MOTION for Leave to File Reply to Defendants Response (Dkt. 73) to Plaintiffs Motion For Reconsideration and Leave to Amend Complaint to Plead Facts Uncovered During Discovery (Dkt. 69) by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 7/31/2023. (Attachments: #1 Exhibit 1: Reply to Defts Response to Pls Motion for Reconsideration and Leave to Amend Complaint to Plead Facts Uncovered During Discovery, #2 Exhibit 2: 4th Amended Complaint, #3 Proposed Order)(Klukowski, Kenneth)
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Filing 76
SEALED EXHIBITS re: #75 MOTION for Summary Judgment by The University Of Texas MD Anderson Cancer Center, filed. (Hoffman, Carrie)
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Filing 75
MOTION for Summary Judgment by The University Of Texas MD Anderson Cancer Center, filed. Motion Docket Date 7/28/2023. (Attachments: #1 Exhibit Exhibits to MSJ)(Hoffman, Carrie)
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Filing 74
ORDER granting #72 Motion for Leave to File.(Signed by Judge Jeffrey V Brown) Parties notified.(AndyGould, 3)
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Filing 73
RESPONSE to #69 Opposed MOTION for Reconsideration of #59 Memorandum and OrderOpposed MOTION to Amend #21 Amended Complaint/Counterclaim/Crossclaim etc. filed by The University Of Texas MD Anderson Cancer Center. (Hoffman, Carrie)
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Filing 72
Unopposed MOTION for Leave to File UNDER SEAL CERTAIN DOCUMENTS ATTACHED TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by The University Of Texas MD Anderson Cancer Center, filed. Motion Docket Date 7/24/2023. (Attachments: #1 Proposed Order)(Hoffman, Carrie)
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Filing 71
Order Referring Case to Settlement Conference. (Signed by Judge Jeffrey V Brown) Parties notified.(CynthiaBenavides, 3)
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Filing 70
Joint REQUEST for pre-motion conference, filed.(Hoffman, Carrie)
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Filing 69
Opposed MOTION for Reconsideration of #59 Memorandum and Order ( Motion Docket Date 7/3/2023.), Opposed MOTION to Amend #21 Amended Complaint/Counterclaim/Crossclaim etc. by Bobby Bellard, Craig Messick, Barbra Speer, filed. (Attachments: #1 Complaint Fourth Amended, #2 Exhibit 1: Defendants' Objections and Responses to the Third Request for Production of Documents and Interrogatories, #3 Exhibit 2: Hagberg Deposition (Excerpts), #4 Exhibit 3: Hodge Deposition (Excerpts), #5 Exhibit 4: Hodge 30(b)(6) Deposition (Excerpts), #6 Exhibit 5: Pisters Deposition (Excerpts), #7 Exhibit 6: Varghese Deposition (Excerpts), #8 Proposed Order)(Klukowski, Kenneth)
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Filing 68
ORDER Dispositive Motion Filing due by 7/7/2023. Non-Dispositive Motion Filing due by 11/10/2023. Joint Pretrial Order due by 11/28/2023. Docket Call set for 12/8/2023 at 09:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 67
ORDER granting in part and denying in part #50 Motion for Leave to File; granting in part and denying in part #51 Motion for Leave to File Excess Pages.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 66
REPLY in Support of Objections to Magistrate Judges Order on Motions Compel and for Protective Order, filed by Bobby Bellard, Craig Messick, Barbra Speer. (Attachments: #1 Exhibit 1: May 12, 2023, Email Titled Response to Defendants' Subpoena and Request for Production)(Klukowski, Kenneth)
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Filing 65
RESPONSE to #61 Objections,, to Magistrate Judge's Order on Motions to Compel and for Protective Order, filed by Roy Chemaly, Carin Hagberg, Rosanna Morris, Peter W.T. Pisters, Welela Tereffe, The University Of Texas MD Anderson Cancer Center, Shibu Varghese. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Hoffman, Carrie)
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Filing 64
ORDER Brief due by 6/9/2023(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 63
ANSWER to #21 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by The University Of Texas MD Anderson Cancer Center, filed.(Hoffman, Carrie)
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Filing 62
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bobby Bellard, Craig Messick, Barbra Speer, filed.(Klukowski, Kenneth)
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Filing 61
OBJECTIONS to Magistrate Judges Order on Motions to Compel and for Protective Order, filed by Bobby Bellard, Craig Messick, Barbra Speer. (Attachments: #1 Exhibit A: E-mail from McKenzie L. Ahmet, Counsel for Defendants, to Joseph Parker, Counsel for Dr. Katy French (May 9, 2023); E-mails between Pauline R. Wizig, Counsel for Defendants, and LaVerne Chang, Counsel for Alicia Kowalski (May 9 through 19, 2023), #2 Exhibit B: Affidvait of Katy French-Bloom, M.D., #3 Exhibit C: Affidvait of Alicia Kowalski, M.D., #4 Proposed Order on Discovery and Protective Order)(Klukowski, Kenneth)
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Filing 60
ORDER denying #57 Request for Pre-Motion Conference.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 59
MEMORANDUM OPINION AND ORDER granted in part and denied in part. #25 MOTION to Dismiss Plaintiffs' Verified Third Amended Complaint (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 58
REPLY Defendants Response to Plaintiffs Notice, filed by Bobby Bellard, Craig Messick, Barbra Speer. (Klukowski, Kenneth)
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Filing 57
REQUEST for pre-motion conference, filed.(Hoffman, Carrie)
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Filing 56
RESPONSE to #54 Notice (Other) , filed by The University Of Texas MD Anderson Cancer Center. (Hoffman, Carrie)
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Filing 55
OPINION AND ORDER #42 Joint Ltr re Discovery. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (RubenCastro, 3)
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Filing 54
NOTICE of Supplemental Facts by Bobby Bellard, Craig Messick, Barbra Speer, filed. (Klukowski, Kenneth)
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Filing 53
NOTICE of Abandonment of Count V by Bobby Bellard, Craig Messick, Barbra Speer, filed. (Klukowski, Kenneth)
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Filing 52
CERTIFICATE of Conference re: #51 Unopposed MOTION for Leave to File Excess Pages by Bobby Bellard, Craig Messick, Barbra Speer, filed.(Klukowski, Kenneth)
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Filing 51
Unopposed MOTION for Leave to File Excess Pages by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 5/17/2023. (Attachments: #1 Proposed Order Granting Plaintiffs Unopposed Motion for Leave to File In Excess of Page Limit)(Klukowski, Kenneth)
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Filing 50
Unopposed MOTION for Leave to File Brief in Excess of Page Limitations by The University Of Texas MD Anderson Cancer Center, filed. Motion Docket Date 5/15/2023. (Attachments: #1 Proposed Order Proposed Order on Motion for Leave to File Brief in Excess of Page Limitations)(Hoffman, Carrie)
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Filing 49
RESPONSE to Defendants' Letter Regarding Discovery Issues, filed by Bobby Bellard, Craig Messick, Barbra Speer. (Klukowski, Kenneth)
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Filing 48
Defendants' Letter Response to Plaintiffs' Brief by Roy Chemaly, Carin Hagberg, John Does 1-5, Rosanna Morris, Peter W.T. Pisters, Welela Tereffe, The University Of Texas MD Anderson Cancer Center, Shibu Varghese, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bahlinger, Brooke)
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Filing 47
BRIEF Regarding Doc. 42 Joint Letter on Discovery Issues by Bobby Bellard, Craig Messick, Barbra Speer, filed. (Attachments: #1 Proposed Order Regarding Doc. 42 Joint Letter on Discovery Issues, #2 Exhibit Dr. French Deposition Excerpts, #3 Exhibit Kowalski Deposition Excerpts, #4 Exhibit Dr. Speer Religious Accommodation Application (November 2021), #5 Exhibit Dr. Speer Religious Accommodation Application (January 2022), #6 Exhibit Hodge Rule 30(b)(6) Deposition Excerpts, #7 Exhibit Gallagher Deposition Excerpts and Exh. 1, #8 Exhibit Speer Deposition Excerpts Pt. 1, #9 Exhibit Speer Deposition Excerpts Pt. 2)(Klukowski, Kenneth)
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Filing 46
BRIEF Regarding Discovery Issues Related to Dkt. No. 42 by Roy Chemaly, Carin Hagberg, John Does 1-5, Rosanna Morris, Peter W.T. Pisters, Welela Tereffe, The University Of Texas MD Anderson Cancer Center, Shibu Varghese, filed.(Bahlinger, Brooke)
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Filing 45
STANDING PROTECTIVE ORDER(Signed by Magistrate Judge Andrew M Edison) Parties notified.(GeorgeCardenas, 3)
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Minute Entry for proceedings held before Magistrate Judge Andrew M Edison. DISCOVERY HEARING held on 4/5/2023. Hearing held on Joint Discovery Letter [Dkt. 42]. Two issues discussed. First, Judge Edison ordered that Defendants produce Dr. Speers notes and journals about his religious faith. Second, Judge Edison heard oral argument on whether the MDA Fight Back Chat needs to be produced in unredacted form. Judge Edison took the issue under advisement. He also asked (1) the parties to submit any additional argument on the issue by Tuesday, April 11; and (2) Plaintiff to provide the MDA Fight Back Chat to his case manager for in camera review Appearances: Kenneth Alan Klukowski, Edward H Trent, Carrie B Hoffman, Jessica Glatzer Mason.(ERO:Yes), filed.(GeorgeCardenas, 3)
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Filing 44
NOTICE of Setting re: #42 Document. Parties notified. Discovery Hearing set for 4/5/2023 at 01:00 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
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Filing 43
NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re #42 Document, filed. (GeorgeCardenas, 3)
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Filing 42
Joint Ltr re Discovery Pursuant to Local Rule 7 by Roy Chemaly, Carin Hagberg, John Does 1-5, Rosanna Morris, Peter W.T. Pisters, Welela Tereffe, The University Of Texas MD Anderson Cancer Center, Shibu Varghese, filed.(Bahlinger, Brooke)
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Filing 41
AMENDED DOCKET-CONTROL ORDER Discovery due by 4/7/2023. Dispositive Motion Filing due by 4/28/2023. Non-Dispositive Motion Filing due by 5/19/2023. Joint Pretrial Order due by 7/7/2023. Docket Call set for 7/21/2023 at 09:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 40
ORDER granting #39 Motion for Extension of Time; Motion-related deadline set re: #39 Joint MOTION for Extension of Time To Complete Discovery..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 39
Joint MOTION for Extension of Time To Complete Discovery by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 2/15/2023. (Attachments: #1 Proposed Order)(Klukowski, Kenneth)
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Filing 38
NOTICE of Appearance by Carrie B. Hoffman on behalf of Roy Chemaly, Carin Hagberg, John Does 1-5, Rosanna Morris, Peter W.T. Pisters, Welela Tereffe, The University Of Texas MD Anderson Cancer Center, Shibu Varghese, filed. (Bahlinger, Brooke)
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Filing 37
ORDER granting #33 Motion for Cristina M. Squiers to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 36
ORDER granting #32 Motion for Edward H. Trent to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 35
ORDER granting #31 Motion for Brian J. Field to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 34
ORDER granting #28 Proposed Order (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 33
MOTION for Cristina M. Squiers to Appear Pro Hac Vice by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 1/25/2023. (Squiers, Cristina)
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Filing 32
MOTION for Edward H. Trent to Appear Pro Hac Vice by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 1/25/2023. (Trent, Edward)
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Filing 31
MOTION for Brian J. Field to Appear Pro Hac Vice by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 1/25/2023. (Field, Brian)
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Filing 30
ORDER granting #29 Motion for Extension of Time; Motion-related deadline set re: #29 Unopposed MOTION for Extension of Time To Complete Discovery and File Dispositive Motions. Discovery due by 2/6/2023. Dispositive Motion Filing due by 2/17/2023..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 29
Unopposed MOTION for Extension of Time To Complete Discovery and File Dispositive Motions by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 1/24/2023. (Attachments: #1 Proposed Order)(Klukowski, Kenneth)
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Filing 28
PROPOSED ORDER , filed.(Bahlinger, Brooke)
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Filing 27
REPLY to Response to #25 MOTION to Dismiss Plaintiffs' Verified Third Amended Complaint, filed by Roy Chemaly, Carin Hagberg, John Does 1-5, Rosanna Morris, Peter W.T. Pisters, Welela Tereffe, The University Of Texas MD Anderson Cancer Center, Shibu Varghese. (Bahlinger, Brooke)
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Filing 26
RESPONSE in Opposition to #25 MOTION to Dismiss Plaintiffs' Verified Third Amended Complaint, filed by Bobby Bellard, Craig Messick, Barbra Speer. (Attachments: #1 Proposed Order)(Klukowski, Kenneth)
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Filing 25
MOTION to Dismiss Plaintiffs' Verified Third Amended Complaint by Roy Chemaly, Carin Hagberg, John Does 1-5, Rosanna Morris, Peter W.T. Pisters, Welela Tereffe, The University Of Texas MD Anderson Cancer Center, Shibu Varghese, filed. Motion Docket Date 11/2/2022. (Bahlinger, Brooke)
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Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on September 30, 2022. Oral Hearing held on Motion for Extension of Time [Dkt. 22]. Court granted Plaintiff leave to file Second and Third Amended Complaints. Motion for Extension of Time [Dkt. 22] DENIED. Briefing schedule set for Motion to Dismiss briefing: motion to be filed by 10/12/22; response due by 11/4/22; reply due by 11/18/22. Parties agreed to extend Defts expert designation deadline to 12/6/2022. Appearances: Chris Bartolomucci and Kenneth Klukowski for Plaintiff, Jessica Mason for Defendant.(Court Reporter: L. Wells)., filed.(rcastro, 3)
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Filing 24
NOTICE of Setting re: #22 MOTION for Extension of Time To Identify and Produce Expert Reports. Parties notified. Oral Hearing set for 9/30/2022 at 01:00 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
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Filing 23
NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re #22 MOTION for Extension of Time To Identify and Produce Expert Reports, filed. (rcastro, 3)
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Filing 22
MOTION for Extension of Time To Identify and Produce Expert Reports by Roy Chemaly, Carin Hagberg, John Does 1-5, Rosanna Morris, Peter W.T. Pisters, Welela Tereffe, The University Of Texas MD Anderson Cancer Center, Shibu Varghese, filed. Motion Docket Date 10/18/2022. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Extension of Time)(Bahlinger, Brooke)
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Filing 21
Third AMENDED COMPLAINT against All Defendants filed by Barbra Speer, Craig Messick, Bobby Bellard. (Attachments: #1 Verification of Bellard, #2 Verification of Messick, #3 Verification of Speer)(Klukowski, Kenneth)
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Filing 20
Second AMENDED COMPLAINT against The University Of Texas MD Anderson Cancer Center, Peter W.T. Pisters, Rosanna Morris, Carin Hagberg, Welela Tereffe, Roy Chemaly, Shibu Varghese, John Does 1-5 filed by Bobby Bellard, Barbra Speer, Craig Messick.(Klukowski, Kenneth)
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Filing 19
ANSWER to #17 Amended Complaint/Counterclaim/Crossclaim etc. by The University Of Texas MD Anderson Cancer Center, filed.(Bahlinger, Brooke)
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Filing 18
AMENDED ANSWER to #1 Complaint by The University Of Texas MD Anderson Cancer Center, filed. (Mason, Jessica)
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Filing 17
First AMENDED COMPLAINT against The University Of Texas MD Anderson Cancer Center filed by Bobby Bellard, Barbra Speer, Craig Messick.(Klukowski, Kenneth)
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Filing 16
DOCKET CONTROL ORDER. Amended Pleadings due by 7/22/2022. Joinder of Parties due by 7/22/2022 Pltf Expert Witness List due by 9/8/2022. Pltf Expert Report due by 9/8/2022. Deft Expert Witness List due by 11/3/2022. Deft Expert Report due by 11/3/2022. Discovery due by 1/20/2023. Dispositive Motion Filing due by 1/27/2023. Non-Dispositive Motion Filing due by 3/17/2023. Exchange Pretrial Materials due by 5/5/2023. Docket Call set for 5/12/2023 at 09:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on July 13, 2022. Initial Conference held. Docket Control Order to be entered. Appearances: Chris Bartolomucci and Kenneth Klukowski for Plaintiff, Jessica Mason for Defendant. (ERO: yes) (rcastro, 4)
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Filing 15
NOTICE of Appearance by Brooke Bahlinger on behalf of The University Of Texas MD Anderson Cancer Center, filed. (Bahlinger, Brooke)
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Filing 14
JOINT DISCOVERY/CASE MANAGEMENT PLAN by The University Of Texas MD Anderson Cancer Center, filed.(Mason, Jessica)
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Filing 13
CERTIFICATE OF INTERESTED PARTIES by The University Of Texas MD Anderson Cancer Center, filed.(Mason, Jessica)
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Filing 12
ORDER granting #11 Motion for H. Christopher Bartolomucci to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4)
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Filing 11
MOTION for H. Christopher Bartolomucci to Appear Pro Hac Vice by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 5/20/2022. (Bartolomucci, H. Christopher)
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Filing 10
ANSWER to #1 Complaint by The University Of Texas MD Anderson Cancer Center, filed.(Mason, Jessica)
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Filing 9
RETURN of Service of SUMMONS Executed as to All Plaintiffs, filed.(Klukowski, Kenneth)
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Filing 8
NOTICE of Certificate of Service of Galveston Rules pursuant to Judge Brown's Rules by Bobby Bellard, Craig Messick, Barbra Speer, filed. (Klukowski, Kenneth)
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Filing 7
CERTIFICATE OF INTERESTED PARTIES by Bobby Bellard, Craig Messick, Barbra Speer, filed.(Klukowski, Kenneth)
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Filing 6
ORDER granting #5 Motion for Mark R. Paoletta to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4)
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Filing 5
MOTION for Mark R. Paoletta to Appear Pro Hac Vice by Bobby Bellard, Craig Messick, Barbra Speer, filed. Motion Docket Date 4/14/2022. (Paoletta, Mark)
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Filing 4
Summons Issued as to The University Of Texas MD Anderson Cancer Center. Issued summons delivered to plaintiff by NEF, filed.(CynthiaBenavides, 3)
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/13/2022 at 09:00 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(CynthiaBenavides, 3)
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Filing 2
Request for Issuance of Summons as to All Plaintiffs, filed.(Klukowski, Kenneth)
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Filing 1
COMPLAINT against All Plaintiffs (Filing fee $ 402 receipt number ATXSDC-27901938) filed by BOBBY BELLARD, BARBRA SPEER, CRAIG MESSICK. (Attachments: #1 Civil Cover Sheet)(Klukowski, Kenneth)
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