Rushing v. Yeargain et al
| Steven Rushing and Steven J Rushing |
| Dr. John Yeargain, Dr. John L. Crain, Tara Dupre, Dr. Erin Watson Horzelski, John L. Crain, John Yeargain and Erin Watson Horzelski |
| 3:2019cv00653 |
| September 26, 2019 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Scott D Johnson |
| Erin Wilder-Doomes |
| Civil Rights: Jobs |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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Filing 163
ORDER granting #162 Motion to Enroll Additional Attorney. Added attorney Corey Lamar Pierce for John L. Crain, Tara Dupre, Erin Watson Horzelski, and John Yeargain. Signed by Magistrate Judge Scott D. Johnson on 10/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| MOTION(S) REFERRED: #162 MOTION to Enroll Corey L. Pierce as Additional Attorney . This motion is now pending before the USMJ. (EDC) |
| Filing 162 MOTION to Enroll Corey L. Pierce as Additional Attorney by All Defendants (Attachments: #1 Proposed Pleading; Proposed Order)(Clark, Linda) |
| Filing 161 MOTION for Leave to File REPLY to #160 Memorandum in Opposition to #156 Rule 12(C) Motion to Dismiss, or in the alternative, Motion for Summary Judgment based on Res Judicata filed by All Defendants. (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Proposed Reply)(Gant, Monica) Modified on 10/11/2023 to edit the event type (NLT). |
| Filing 160 MEMORANDUM in Opposition to #156 Rule 12(C) MOTION to Dismiss, or in the Alternative, MOTION for Summary Judgment Based on Res Judicata filed by Steven J Rushing. (Attachments: #1 Response to Statement of Facts, #2 Exhibit P1- Defendant's exceptions, #3 Exhibit P2- State court petition, #4 Exhibit P3- hearing transcript, #5 Exhibit P4- July 1, 2019 judgment, #6 Exhibit P5- Jan. 20, 2020 judgment, #7 Exhibit P6 - State court amended petition)(LLH) |
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Filing 159
ORDER granting #158 Motion for Leave to File Memorandum in Opposition to Defendants' Third Motion to Dismiss/Motion for Summary Judgment in excess of the page limitation. The attached Memorandum in Opposition to Defendants' Third Motion to Dismiss/Motion for Summary Judgment shall be filed into the record. Signed by Judge John W. deGravelles on 09/26/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 158 MOTION for Leave to File Excess Pages in Opposition to Defendants' Third Motion to Dismiss/Motion for Summary Judgment by Steven J Rushing (Attachments: #1 Proposed Pleading; Opposition to Motion for Summary Judgment, #2 Proposed Pleading; Response to Statement of Facts, #3 Exhibit P1- Defendant's exceptions, #4 Exhibit P2- State court petition, #5 Exhibit P3- hearing transcript, #6 Exhibit P4- July 1, 2019 judgment, #7 Exhibit P5- Jan. 20, 2020 judgment, #8 Exhibit P6 - State court amended petition)(Smith, Joseph) |
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Filing 157
ORDER: The five (5) day Jury Trial is reset to begin on 8/26/2024 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Pretrial Conference set for 7/25/2024 at 02:00 PM by video before Judge John W. deGravelles. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 8/5/2024. Final Will call Witness and Exhibit Lists due by 8/5/2024. Pre-Trial Order due by 6/27/2024. Bench Book of Exhibits shall be filed on or before 8/19/2024. Affidavit of Settlement Efforts due by 8/5/2024. Signed by Judge John W. deGravelles on 9/22/2023. (EDC)
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| Filing 156 Rule 12(C) MOTION to Dismiss, or in the Alternative, MOTION for Summary Judgment Based on Res Judicata and Memorandum in Support of Motion to Dismiss and/or Summary Judgment Based on Res Judicata by John L. Crain, Tara Dupre, Erin Watson Horzelski, John Yeargain (Attachments: #1 Memorandum in Support, #2 Statement of Uncontested Material Facts, #3 Order, #4 Exhibit Dr. Steven Rushing v Southeastern Louisiana University, et al., State of Louisiana First Circuit Court of Appeal Docket Nos. 2020 CA 0669 & 2020 CA 0672, #5 Exhibit Dr. Steven Rushing v Southeastern Louisiana University, et al., State of Louisiana First Circuit Court of Appeal Docket No. 2022 CA 0032, #6 Exhibit Dr. Steven Rushing v Southeastern Louisiana University, et al., Supreme Court of Louisiana Docket No. 2022-C-01723, #7 Exhibit Dr. Steven Rushing v The Board of Supervisors for the University of Louisiana System, et al., United States District Court for the Middle District of Louisiana Civil Action No. 06-623))(EDC) |
| Filing 155 Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference by zoom held on 9/7/2023 to discuss #153 Expedited Motion to Extend Deadline to Reply to Motion to Dismiss, or in the Alternative, Motion for Summary Judgment Based on Res Judicata. After consideration, #153 Expedited Motion to Extend Deadline to Reply to Motion to Dismiss, or in the Alternative, Motion for Summary Judgment Based on Res Judicata is GRANTED. Therefore, #147 Motion for Leave to File Motion to Dismiss, or in the Alternative, Motion for Summary Judgment Based on Res Judicata is GRANTED, and the Clerk of Court shall file Defendants' Motion and its attachments into the record. Once the Motion has been filed into the record, the deadline for Plaintiff to respond to Defendants Rule 12(c) Motion to Dismiss, or in the Alternative, Motion for Summary Judgment Based on Res Judicata, is 9/25/2023, and any replies shall be filed by 10/10/2023. Counsel believes that the settlement is not an option until the pending motion is resolved. The Court will determine after reviewing Defendants' Motion if the trial date should be continued and will issue the appropriate order after a complete review of the motion. (EDC) |
| Filing 154 Notice to Counsel: Status Conference is set for 9/7/2023 at 02:30 PM in by video before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) |
| Filing 153 Expedited MOTION to Extend Deadline to Reply to #147 MOTION for Leave to File Defendants Rule 12(C) Motion To Dismiss, or in the Alternative, Motion For Summary Judgment Based On Res Judicata and Memorandum In Support of Defendants Motion To Dismiss and/or Summary Judgment Based On Res Judicata by Steven J Rushing (Attachments: #1 Order)(Smith, J.). Added MOTION to Expedite on 9/7/2023. (EDC). |
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Filing 152
ORDER granting #148 Defendants' Motion to Supplement Doc. 147 with the requisite exhibits for the Memorandum In Support Of Defendants' Motion To Dismiss and/or Summary Judgment Based On Res Judicata. Signed by Judge John W. deGravelles on 08/21/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 151 NOTICE of Briefing Schedule on #147 MOTION for Leave to File Defendants Rule 12(C) Motion To Dismiss, or in the Alternative, Motion For Summary Judgment Based On Res Judicata and Memorandum In Support of Defendants Motion To Dismiss and/or Summary Judgment Based On Res Judicata : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| Filing 150 Exhibit(s) to #148 MOTION to Supplement Doc. 147 by John L. Crain, Tara Dupre, Erin Watson Horzelski, John Yeargain. (Attachments: #1 Exhibit Dr. Steven Rushing v Southeastern Louisiana University, et al., State of Louisiana First Circuit Court of Appeal Docket Nos. 2020 CA 0669 & 2020 CA 0672, #2 Exhibit Dr. Steven Rushing v Southeastern Louisiana University, et al., State of Louisiana First Circuit Court of Appeal Docket No. 2022 CA 0032, #3 Exhibit Dr. Steven Rushing v Southeastern Louisiana University, et al., Supreme Court of Louisiana Docket No. 2022-C-01723, #4 Exhibit Dr. Steven Rushing v The Board of Supervisors for the University of Louisiana System, et al., United States District Court for the Middle District of Louisiana Civil Action No. 06-623)(Clark, Linda) Modified on 8/21/2023 to create relationship. (EDC). |
| Filing 149 Notice of Deficiency with Administrative Procedure III(A)(1) as to #148 Motion for Miscellaneous Relief. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (EDC) |
| Filing 148 MOTION to Supplement Doc. 147 by All Defendants (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Exhibit A, #3 Proposed Pleading; Exhibit B, #4 Proposed Pleading; Exhibit C, #5 Proposed Pleading; Exhibit D)(Clark, Linda) |
| Filing 147 MOTION for Leave to File Defendants Rule 12(C) Motion To Dismiss, or in the Alternative, Motion For Summary Judgment Based On Res Judicata and Memorandum In Support of Defendants Motion To Dismiss and/or Summary Judgment Based On Res Judicata by All Defendants (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Motion to Dismiss Under Res Judicata, #3 Proposed Pleading; Memo in Support of Motion to Dismiss Under Res Judicata, #4 Attachment Statement of Undisputed Facts, #5 Proposed Pleading; Proposed Order)(Clark, Linda) (Additional attachment(s) added on 8/21/2023: #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D) . Modified on 8/21/2023 to add exhibits per Order #152 (LLH). |
| Filing 146 Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Settlement Conference held on 1/23/2023. After a period of negotiations, the parties were unable to reach a resolution at this time;however, the parties will continue negotiations themselves. (EDC) |
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Filing 145
ORDER: Pretrial Conference set for 9/28/2023 at 03:30 PM before Judge John W. deGravelles. Motions In Limine shall be filed by 9/18/2023. Five Day Jury Trial set for 11/6/2023 - 11/13/2023 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Magistrate Judge Scott D. Johnson on 11/9/2022. (JEG)
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| Filing 144 Joint STATUS REPORT by Steven J Rushing. (Smith, Joseph) |
| Filing 143 Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Telephone Conference held on 10/28/2022. The parties discussed potential trial dates. The parties had not prepared a comprehensive list of dates their witnesses were unavailable for trial. The parties are instructed to file a joint status report no later than November 4, 2022, that sets forth all dates trial witnesses are unavailable and provides at least three proposed weeks for trial, beginning in July 2023. (KAH) |
| Filing 142 NOTICE of TELEPHONE CONFERENCE: A Telephone Status Conference is set for 10/28/2022 at 10:00 AM before Magistrate Judge Scott D. Johnson. The Parties should come ready to provide dates trial witnesses are unavailable to testify as well as proposed trial dates. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) |
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Filing 141
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 1/23/2023 at 02:00 PM by video before Magistrate Judge Scott D. Johnson. Signed by Magistrate Judge Scott D. Johnson on 10/14/2022. (Attachments: #1 Zoom Instructions)(KAH)
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| Filing 140 Minute Entry for proceedings held before Judge John W. deGravelles: A Status Conference was held on 10/13/2022 by zoom video conferencing. IT IS ORDERED that the matter is reopened. Since the parties have not had a chance to work on settlement, IT IS ORDERED that this matter is referred to Magistrate Judge Johnson to schedule a settlement conference. The parties noted during the conference that they would like a trial date during spring but didn't have all of the unavailable dates of their witnesses. Therefore, the Court refers the request for a trial date and other deadlines to the Magistrate Judge and recommends that the parties determine the unavailability of all trial witnesses before selecting a trial date. (JEG) |
| Filing 139 NOTICE OF Appellate Opinion by John L. Crain, Tara Dupre, Erin Watson Horzelski, John Yeargain. (LLH) |
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Filing 138
ORDER granting #137 MOTION for Leave to File Appellate Opinion into the Record filed by Tara Dupre, Erin Watson Horzelski, John L. Crain, John Yeargain. The parties are to file opinion from the First Circuit Court of Appeal styled as, Dr. Steven Rushing vs. Southeastern Louisiana University, et al, 2022-CA-0032, into the record for review by this Honorable Court. Signed by Judge John W. deGravelles on 09/19/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 137 MOTION for Leave to File Appellate Opinion into the Record by All Defendants (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading;)(Clark, Linda) |
| Filing 136 Minute Entry for proceedings held before Judge John W. deGravelles. Status Conference held on 8/8/2022. This matter is stayed and administratively closed. The five (5) day jury trial beginning on September 26, 2022, at 9:00 a.m. and the final pretrial conference set August 30, 2022, are continued. Status Conference before the District Judge set for 10/13/2022 at 02:00 PM in by video before Judge John W. deGravelles. (ELW) |
| Filing 135 Proposed Pretrial Order -Joint and Revised- by Steven J Rushing (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Smith, Joseph) |
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Filing 134
ORDER granting #133 Motion to Continue. The Status Conference before the District Judge is reset for 8/8/2022 at 09:30 AM by video before Judge John W. deGravelles.Signed by Judge John W. deGravelles on 7/28/2022. (EDC)
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| Filing 133 Unopposed MOTION to Reset STATUS CONFERENCE by All Defendants (Attachments: #1 Proposed Order Order)(Tonagel, Diana) Modified on 7/29/2022 to edit text. (EDC). |
| Filing 132 Notice to Counsel: Status Conference is set for 8/4/2022 at 9:30 AM by zoom before Judge John W. deGravelles. Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) |
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Filing 131
ORDER granting #130 Motion to Enroll Additional Attorney. Added attorney Monica E. Gant for John L. Crain, Tara Dupre, Erin Watson Horzelski, and John Yeargain. Signed by Magistrate Judge Scott D. Johnson on 7/20/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| Filing 130 MOTION to Enroll Monica G. Moton as Additional Attorney by All Defendants (Attachments: #1 Proposed Order)(Clark, Linda) |
| MOTION(S) REFERRED: #130 MOTION to Enroll Monica G. Moton as Additional Attorney . This motion is now pending before the USMJ. (LLH) |
| Filing 129 RULING: Defendants' Daubert Motion in Limine to Strike Plaintiff's Expert Witnesses and Reports (Doc. 85) filed by Defendants Dr. John Yeargain, Tara Dupre, Dr. Erin Watson Horzelski and Dr. John Crain is GRANTED IN PART and DENIED IN PART. Signed by Judge John W. deGravelles on 07/11/2022. (KDC) |
| Filing 128 RULING granting in part and denying in part #80 Plaintiff Steven J. Rushing's Motion in Limine to Exclude the Expert Report and Testimony of Dr. Jose Artecona. The Motion is GRANTED in that Dr. Jose Artecona will not be permitted to testify as an expert on university workplace policies and procedures, nor will he be allowed to render legal opinions or make credibility determinations. In all other respects, the Motion is DENIED. Signed by Judge John W. deGravelles on 06/10/2022. (KDC) |
| Filing 127 NOTICE of Hearing on Motion #80 MOTION in Limine to Exclude the Expert Report and Testimony of Dr. Jose Artecona, #85 Daubert MOTION in Limine to Strike Expert Witnesses and Reports : Motion Hearing set for 7/21/2022 at 1:00 PM by zoom before Judge John W. deGravelles. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) |
| Terminate deadline for PTC on 01/27/2022 at 1:30 PM (KDC) |
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Filing 126
ORDER: The five-day jury trial set for March 7, 2022, is continued and reassigned Pretrial Conference set for 8/30/2022 at 01:00 PM in chambers before Judge John W. deGravelles. Jury Trial set for 9/26/2022 through 9/30/2022 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Should the parties wish to update the pretrial order, an amended pretrial order shall be filed no later than August 1, 2022. Signed by Judge John W. deGravelles on 01/05/2022. (ELW)
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| Filing 125 Proposed Pretrial Order Jointly Filed by Steven J Rushing (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Smith, J.) |
| Filing 124 SUR-REPLY Memorandum in Opposition to #91 RULE 12(c) MOTION to Dismiss and MOTION for Summary Judgment filed by Steven J Rushing. (LLH) |
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Filing 122
ORDER granting #120 MOTION for Leave to File Sur-Reply in Response To Defendants Reply (R.Doc.116) In Support Of Rule 12(C) Motion To Dismiss And Motion For Summary Judgment (R.Doc.93) filed by Steven J Rushing. NO FURTHER BRIEFING WILL BE ALLOWED. Signed by Judge John W. deGravelles on 12/01/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 121 RESPONSE in Opposition to #120 MOTION for Leave to File Sur-Reply in Response To Defendants Reply (R.Doc.116) In Support Of Rule 12(C) Motion To Dismiss And Motion For Summary Judgment (R.Doc.93) filed by All Defendants. (Tonagel, Diana) |
| Filing 120 MOTION for Leave to File Sur-Reply in Response To Defendants Reply (R.Doc.116) In Support Of Rule 12(C) Motion To Dismiss And Motion For Summary Judgment (R.Doc.93) by Steven J Rushing. (Attachments: #1 Proposed Pleading; Sur-Reply, #2 Exhibit A)(Smith, Joseph) |
| Filing 123 SUR-REPLY MEMORANDUM in Opposition to #91 RULE 12(C) MOTION to Dismiss and MOTION for Summary Judgment filed by Steven J Rushing. (LLH) (Main Document 123 replaced on 7/26/2022-per law clerk-attachment was incorrect.) (KDC). |
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Filing 119
ORDER granting #117 MOTION for Leave to File Sur-Reply in Response to Defendant John Yeargain's Reply in Support of Motion to Dismiss and Motion for Summary Judgment (R.Doc.90) filed by Steven J Rushing. NO FURTHER BRIEFING WILL BE ALLOWED. Signed by Judge John W. deGravelles on 11/29/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 118 RESPONSE in Opposition to #117 MOTION for Leave to File Sur-Reply in Response to Defendant John Yeargain's Reply in Support of Motion to Dismiss and Motion for Summary Judgment (R.Doc.90) filed by John Yeargain. (Tonagel, Diana) |
| Filing 117 MOTION for Leave to File Sur-Reply in Response to Defendant John Yeargain's Reply in Support of Motion to Dismiss and Motion for Summary Judgment (R.Doc.90) by Steven J Rushing. (Attachments: #1 Proposed Pleading; Sur-Reply)(Smith, Joseph) |
| Filing 116 REPLY in Support of #91 MOTION to Dismiss MOTION for Summary Judgment and Rule 12 Motion to Dismiss filed by All Defendants. (Tonagel, Diana) |
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Filing 115
ORDER granting #111 Motion for Extension of Time until 11/16/2021 to File Reply Memorandum to Plaintiff's Opposition to Defendants' Motion [Doc. 91]. Signed by Judge John W. deGravelles on 11/15/2021. (KDC)
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Filing 114
ORDER Vacating 113 Order on Motion for Extension of Time. Signed by Judge John W. deGravelles on 11/15/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC)
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Filing 113
ORDER denying as moot #111 Motion for Extension of Time to file reply memorandum. The reply memorandum (Doc. 112) has already been filed into the record. Signed by Judge John W. deGravelles on 11/15/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 112 REPLY to #99 Memorandum in Opposition to 9200 MOTION for Summary Judgment and Rule 12(C) MOTION to Dismiss filed by All Defendants. (Tonagel, Diana) Modified on 11/15/2021 to edit the text (NLT). |
| Filing 111 Unopposed MOTION for Extension of Time to file Reply to Opposition by All Defendants. (Attachments: #1 Proposed Pleading; Order)(Tonagel, Diana) |
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Filing 109
ORDER granting #107 MOTION to Substitute Corrected Memorandum in Opposition to Motion for Summary Judgment for R.Doc.98 and Corrected Exhibit E for R.Doc.98-6 filed by Steven J Rushing. Signed by Judge John W. deGravelles on 11/04/2021. (KDC)
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| Filing 110 SURREPLY MEMORANDUM in Opposition to #80 MOTION in Limine to Exclude the Expert Report and Testimony of Dr. Jose Artecona filed by John L. Crain, Tara Dupre, Erin Watson Horzelski, John Yeargain. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(LLH) |
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Filing 108
ORDER granting #100 MOTION for Leave to file a surreply memorandum. NO FURTHER BRIEFING WILL BE ALLOWED. Signed by Judge John W. deGravelles on 11/03/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 107 MOTION to Substitute Corrected Memorandum in Opposition to Motion for Summary Judgment for R.Doc.98 and Corrected Exhibit E for R.Doc.98-6 by Steven J Rushing. (Attachments: #1 Proposed Pleading;, #2 Exhibit E- corrected)(Smith, Joseph) |
| Filing 106 Notice of Conventional Filing in Clerk's Office of Exhibits by Steven J Rushing re #98 #99 Memorandum in Opposition to Motions for Summary Judgment. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC) |
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Filing 105
ORDER granting #101 Motion to Conventionally File Exhibits. Signed by Judge John W. deGravelles on 11/2/2021. (LLH)
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| Filing 104 Defendants' Objection to Plaintiff's Motion to Conventionally File Exhibits (R.Doc.101) by Steven J Rushing (Attachments: #1 Exhibit A- objection)(Smith, Joseph) |
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Filing 103
ORDER granting #102 MOTION for Leave to Leave to Supplement Pleading with Exhibits [Doc 100]. NO ADDITIONAL BRIEFING WILL BE ALLOWED. Signed by Judge John W. deGravelles on 11/2/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 102 Unopposed MOTION for Leave to Supplement Pleading with Exhibits [Doc 100] by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Tonagel, Diana) |
| Filing 101 MOTION to Conventionally File Exhibits by Steven J Rushing. (Smith, Joseph) |
| Filing 100 MOTION for Leave to File Surreply Memorandum , by All Defendants. (Attachments: #1 Proposed Pleading; Memorandum)(Tonagel, Diana) Modified on 11/1/2021 to edit the text (NLT). (Additional attachment(s) added on 11/3/2021: #2 Exhibit, #3 Exhibit, #4 Exhibit in accordance with record document 103) (NLT). |
| Filing 99 MEMORANDUM in Opposition to #90 MOTION for Summary Judgment and Rule 12(C) MOTION to Dismiss filed by Steven J Rushing. (Attachments: #1 Statement of Undisputed Facts -Response-, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Smith, Joseph) Modified on 11/1/2021 to edit the text (NLT). |
| Filing 98 MEMORANDUM in Opposition to #91 MOTION to Dismiss MOTION for Summary Judgment filed by Steven J Rushing. (Attachments: #1 Statement of Undisputed Facts -Response-, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit P (Exhibit O omitted), #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit X, #24 Exhibit Z)(Smith, Joseph) Modified on 11/4/2021 to replace documents as per Order #109 (LLH). |
| Filing 97 MEMORANDUM in Opposition to #85 Daubert MOTION in Limine to Strike Expert Witnesses and Reports filed by Steven J Rushing. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Smith, Joseph) |
| Filing 96 REPLY in Support of #80 MOTION in Limine to Exclude the Expert Report and Testimony of Dr. Jose Artecona filed by Steven J Rushing. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N)(NLT) |
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Filing 95
ORDER granting #94 MOTION for Leave to File Reply Memorandum in Support of Plaintiff's Motion in Limine to Exclude the Expert Report and Testimony of Dr. Jose Artecona filed by Steven J Rushing. Signed by Judge John W. deGravelles on 10/15/2021. (NLT)
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| Filing 94 MOTION for Leave to File Reply Memorandum in Support of Plaintiff's Motion in Limine to Exclude the Expert Report and Testimony of Dr. Jose Artecona by Steven J Rushing. (Attachments: #1 Proposed Pleading; Reply, #2 Exhibit L, #3 Exhibit M, #4 Exhibit N)(Smith, Joseph) |
| Filing 93 MEMORANDUM in Support of #91 MOTION to Dismiss MOTION for Summary Judgment filed by All Defendants. (Attachments: #1 Exhibit EXHIBIT 14-missing, #2 Exhibit EXHIBIT 17-TRANSCRIPT-Misnumbered 18, #3 Exhibit NO 17 EXCERPTS, #4 Exhibit EXHIBIT 18-Misnumbered 17)(Tonagel, Diana) |
| Filing 92 NOTICE of Briefing Schedule on #91 MOTION to Dismiss MOTION for Summary Judgment, #90 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| Filing 91 RULE 12(C)MOTION to Dismiss and MOTION for Summary Judgment by Tara Dupre, Erin Watson Horzelski, John Yeargain. (Attachments: #1 Statement of Undisputed Facts, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit)(LLH) |
| Filing 90 MOTION for Summary Judgment and Rule 12(C) MOTION to Dismiss by John Yeargain. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(LLH). Added MOTION to Dismiss on 11/1/2021 (NLT).. |
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Filing 89
ORDER: Defendants, Dr. John Crain, in his individual and official capacity as President of Southeastern Louisiana University (SLU), Tara Dupre, Dr. John Yeargain, and Dr. Erin Watson Horzelski, Motion for leave to file their Memorandum in Support of Defendants' Rule 12(C) Motion To Dismiss And For Summary Judgment, in excess of the Court's 25-page limit #87 is DENIED. Defendants are given 7 days to file a Memorandum in Support, not to exceed 35 pages. Plaintiff may file an opposition within 21 days, not to exceed 35 pages. Plaintiff's Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 35 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 15 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. Signed by Judge John W. deGravelles on 10/08/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 88
ORDER granting #86 MOTION for Leave to File to File Separate Motion for Summary Judgment filed by John Yeargain. Signed by Judge John W. deGravelles on 10/08/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 87 MOTION for Leave to File Memorandum in Excess Pages by All Defendants. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Statement of Undisputed Facts, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit)(Tonagel, Diana) Modified on 10/8/2021 to edit the text (NLT). |
| Filing 86 MOTION for Leave to File Separate Motion for Summary Judgment by John Yeargain. (Attachments: #1 Proposed Pleading; Motion for Summary Dismissal, #2 Memorandum in Support, #3 Statement of Undisputed Facts, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Tonagel, Diana) Modified on 10/8/2021 to edit the text (NLT). |
| Filing 85 Daubert MOTION in Limine to Strike Expert Witnesses and Reports by All Defendants. (Attachments: (1) Memorandum in Support, (2) Exhibit Affidavit A & B, (3) Exhibit, (4) Exhibit, (5) Exhibit, (6) Exhibit, (7) Exhibit, (8) Exhibit, (9) Exhibit, (10) Exhibit, (11) Exhibit, (12) Exhibit, (13) Exhibit, (14) Exhibit, (15) Exhibit, (16) Exhibit, (17) Exhibit, (18) Exhibit, (19) Exhibit, (20) Exhibit, (21) Exhibit, (22) Exhibit, (23) Exhibit, (24) Exhibit, (25) Exhibit, (26) Exhibit, (27) Exhibit, (28) Exhibit, (29) Exhibit, (30) Exhibit, (31) Exhibit, (32) Exhibit, (33) Exhibit, (34) Exhibit, (35) Exhibit, (36) Exhibit, (37) Exhibit, (38) Exhibit, (39) Exhibit, (40) Exhibit)(Tonagel, Diana) Modified on 10/8/2021 to edit the text (NLT). |
| Filing 84 MEMORANDUM in Opposition to #80 MOTION in Limine to Exclude the pert Report and Testimony of Dr. Jose Artecona filed by All Defendants. (Attachments: #1 Exhibit 1 Artecona CV, #2 Exhibit 2 List of Docs Reviewed, #3 Exhibit 3 A & B Pls pert Disclosures, #4 Exhibit 4 Email Docs Re Heintz Report, #5 Exhibit 5 Depo John Crain Excerpts, #6 Exhibit . 6 Depo Tara Dupre, #7 Exhibit . 7 Doc 63-5 Tenure Hearing Transcript, #8 Exhibit . 8 10-13-18 Senate Meet Minutes, #9 Exhibit . 9 Dr. John Yeargain Depo Excerpts, #10 Exhibit . 10 Task Force Recommendation, #11 Exhibit . 11 Termination Hearing Panel, #12 Exhibit . 12 ULS Affidavit A Minutes & B - Rules, #13 Exhibit . 13 Dr. Blanche Depo Excerpts, #14 Exhibit . 14 -8.11.21 Email Re Pls Medical Records, #15 Exhibit . 15 9.20.21 Emails Re Dr Blanche Medicals SDT, #16 Exhibit . 16 Dr. Blanche CV)(DeCuir, Brandon) Modified on 10/1/2021 to edit the text (NLT). |
| Filing 83 MEMORANDUM in Support of #80 MOTION in Limine to Exclude the Expert Report and Testimony of Dr. Jose Artecona filed by Steven J Rushing. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(LLH) |
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Filing 82
ORDER granting #81 MOTION for Leave to File Memorandum In Support Of Motion In Limine To Exclude The Expert Report And Testimony Of Dr. Jose Artecona In Excess Of The Page Limitation filed by Steven J Rushing. Signed by Judge John W. deGravelles on 9/8/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF)
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| Filing 81 MOTION for Leave to File Memorandum In Support Of Motion In Limine To Exclude The Expert Report And Testimony Of Dr. Jose Artecona In Excess Of The Page Limitation by Steven J Rushing. (Attachments: #1 Proposed Pleading;, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Smith, Joseph) |
| Filing 80 MOTION in Limine to Exclude the Expert Report and Testimony of Dr. Jose Artecona by Steven J Rushing. (Smith, Joseph) |
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Filing 79
ORDER: For good cause shown, the Parties' #78 Joint Motion for Seven (7) Day Extension of Time to File Dispositive and Daubert Motions is GRANTED, and the deadline to file dispositive motions and Daubert motions is extended until September 7, 2021. Signed by Magistrate Judge Scott D. Johnson on 9/3/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| MOTION(S) REFERRED: #78 Joint Expedited Motion For Seven (7) Day Extension Of Time To File Dispositive And Daubert Motions. This motion is now pending before the USMJ. (ELW) |
| Filing 78 Joint Expedited Motion For Seven (7) Day Extension Of Time To File Dispositive And Daubert Motions by All Plaintiffs. (Smith, Joseph) Modified on 8/31/2021 to edit text (ELW). |
| Filing 77 NOTICE of Objection to Subpoenas for Documents Issued by Defendants by Steven J Rushing (Smith, Joseph) |
| Filing 76 NOTICE of Service of Subpoena for Documents upon Dr. Jose Artecona by Steven J Rushing (Smith, Joseph) |
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Filing 75
ORDER granting #74 Joint Motion for Scheduling Order. Signed by Magistrate Judge Scott D. Johnson on 6/25/2021. (KMW) (Main Document 75 replaced on 6/25/2021 to correct date typo) (KMW).
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| MOTION(S) REFERRED: #74 Joint MOTION for Scheduling Order . This motion is now pending before the USMJ. (EDC) |
| Filing 74 Joint MOTION for Scheduling Order by Steven J Rushing. (Smith, Joseph) |
| Filing 73 Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference held on 5/25/2021 by zoom video conferencing. Plaintiffs #71 Rule 72(a) Motion to review Magistrate Judge Johnsons April 28, 2021 Order (Doc. 68) is DENIED AS MOOT. Pretrial Order due by 1/3/2022. Pretrial Conference set for 1/27/2022 at 01:30 PM in by video before Judge John W. deGravelles. A 5 day jury trial is set to begin on 3/7/2022 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Motions terminated: #71 Rule 72(a) Motion to Review Magistrate Judge Johnson's April 28, 2021 Order #68 filed by Steven J Rushing. (KMW) |
| Filing 72 Notice to Counsel: Status Conference before the District Judge set for 5/25/2021 at 1:30 PM by zoom video conferencing before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) |
| Filing 71 Rule 72(a) Motion to Review Magistrate Judge Johnson's April 28, 2021 Order #68 by Steven J Rushing. (Attachments: #1 Memorandum in Support)(Smith, Joseph) Modified on 5/13/2021 to edit text. (EDC). |
| Filing 70 Minute Entry for proceedings held before Magistrate Judge Scott D. Johnson: Telephone Conference held on 5/5/2021. The parties discussed the need to establish pretrial deadlines and set a new trial date. The Court will issue an amended scheduling order separately after Plaintiff's objection to the #68 Court's Order, if any, is resolved. (SWE) |
| Filing 69 NOTICE: A Telephone Status Conference is set for 5/5/2021 at 10:00 AM before Magistrate Judge Scott D. Johnson to discuss pretrial deadlines and setting a trial date. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) |
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Filing 68
ORDER: Defendants' #34 Motion to Extend Discovery Deadline for Written Fact Discovery is DENIED. Plaintiff's #35 Expedited Motion to Compel Defendant Erin Watson Horzelski's Oral Answers to Deposition Questions is DENIED. Plaintiff's #36 Expedited Motion to Compel Defendants' Answers to Discovery Requests is GRANTED IN PART and Defendants are instructed to provide supplemental responses to Requests for Production No. 1, subparts 5 and 11, and No. 21 as set forth above within 21 days of the date of this Order. Plaintiff's #37 Expedited Motion to Continue the Deposition of Plaintiff is DENIED. Plaintiff's #60 Expedited Motion for 14 Day Extension of Expert Discovery is DENIED. Signed by Magistrate Judge Scott D. Johnson on 4/28/2021. (KAH)
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| Filing 67 Sur-Reply Memorandum in Opposition to #60 Expedited MOTION for 14 Day Extension of Expert Discovery filed by All Defendants. (Tonagel, Diana) Modified on 4/21/2021 to edit text. (EDC). |
| Filing 66 REPLY in Support of #60 Expedited MOTION for 14 Day Extension of Expert Discovery filed by Steven J Rushing. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(SWE) |
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Filing 65
ORDER: Plaintiff's #63 Motion for Leave to File Reply is GRANTED. The Clerk of Court will file Plaintiff's Reply in Support of Expedited Motion for Fourteen (14) Day Extension of Expert Discovery (R. Doc. 63-2), along with all attachments thereto (R. Docs. 63-3, 63-4, 63-5, and 63-6) into the record. Defendants may file a sur-reply, should they so choose, within five (5) days of the date of this Order. Upon receipt of any sur-reply from Defendants, or expiration of the deadline to file same, the Court will consider this matter fully briefed. Signed by Magistrate Judge Scott D. Johnson on 4/15/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| Filing 64 MEMORANDUM in Opposition to #63 MOTION for Leave to File Reply in Support of Plaintiff's Expedited Motion for Fourteen (14) Day Extension of Expert Discovery filed by All Defendants. (Tonagel, Diana) |
| MOTION(S) REFERRED: #63 MOTION for Leave to File Reply in Support of Plaintiff's Expedited Motion for Fourteen (14) Day Extension of Expert Discovery . This motion is now pending before the USMJ. (LLH) |
| Filing 63 MOTION for Leave to File Reply in Support of Plaintiff's Expedited Motion for Fourteen (14) Day Extension of Expert Discovery by Steven J Rushing. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading; Reply, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Smith, Joseph) |
| Filing 62 MEMORANDUM in Opposition to #60 Expedited MOTION to Extend Expert Discovery and Request for Sanctions filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Tonagel, Diana) Modified on 4/12/2021 to edit text. (EDC). |
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Filing 61
ORDER: Plaintiff has filed an #60 Expedited Motion for Fourteen Day Extension of Expert Discovery. Given the expedited nature of the request, Defendants are ORDERED to file their response, if any, to the Motion by April 12, 2021. Failure to submit a response by April 12, 2021 will cause this Motion to be deemed unopposed. Signed by Magistrate Judge Scott D. Johnson on 4/8/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH)
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| MOTION(S) REFERRED: #60 Expedited MOTION for 14 Day Extension of Expert Discovery. This motion is now pending before the USMJ. (KMW) |
| Filing 60 Expedited MOTION for 14 Day Extension of Expert Discovery by Steven J Rushing. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Smith, Joseph) Modified on 4/6/2021 to edit the docket text (KMW). |
| Filing 59 REPLY in Support of #37 Expedited MOTION to Continue the Deposition of Plaintiff filed by Steven J Rushing. (Attachments: #1 Exhibit)(EDC) |
| Filing 58 REPLY in Support of #35 Expedited MOTION to Compel Defendant Erin Watson Horzelski's Oral Answers to Deposition Questions filed by Steven J Rushing. (EDC) |
| Filing 57 REPLY in Response to #36 Expedited MOTION to Compel Defendants' Answers to Discovery Requests filed by Steven J Rushing. (EDC) |
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Filing 56
ORDER: Plaintiff's three (3) Motions for Leave to File Replies (R. Docs. 52, 53, and 54) are GRANTED. The Clerk of Court will file Plaintiff's Reply in Response to Expedited Motion to Compel Defendants' Answers to Discovery Requests (R. Doc. 52-1), Plaintiff's Reply in Support of Expedited Motion to Compel Defendant Erin Watson Horzelski's Oral Answers to Deposition Questions (R. Doc. 53-1), and Plaintiff's Reply in Support of Expedited Motion to Continue the Deposition of Plaintiff (R. Doc. 54-1) into the record. Signed by Magistrate Judge Scott D. Johnson on 3/26/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| Filing 55 MEMORANDUM in Opposition to #53 MOTION for Leave to File Reply in Support of Expedited Motion to Compel Defendant Erin Watson Horzelskis Oral Answers to Deposition Questions , #52 MOTION for Leave to File Reply in Support of Expedited Motion to Compel Defendants Answers to Discovery Requests , #54 MOTION for Leave to File Reply in Support of Expedited Motion to Continue Deposition of Stephen J. Rushing filed by All Defendants. (Boyer, Mark) |
| MOTION(S) REFERRED: #53 MOTION for Leave to File Reply in Support of Expedited Motion to Compel Defendant Erin Watson Horzelskis Oral Answers to Deposition Questions , #52 MOTION for Leave to File Reply in Support of Expedited Motion to Compel Defendants Answers to Discovery Requests , #54 MOTION for Leave to File Reply in Support of Expedited Motion to Continue Deposition of Stephen J. Rushing . This motion is now pending before the USMJ. (ELW) |
| Filing 54 MOTION for Leave to File Reply in Support of #37 Expedited Motion to Continue Deposition of Stephen J. Rushing by Steven J Rushing. (Attachments: #1 Proposed Pleading;, #2 Exhibit A)(Smith, Joseph) Modified on 3/26/2021 to link to motion (ELW). |
| Filing 53 MOTION for Leave to File Reply in Support of #35 Expedited Motion to Compel Defendant Erin Watson Horzelskis Oral Answers to Deposition Questions by Steven J Rushing. (Attachments: #1 Proposed Pleading;)(Smith, Joseph) Modified on 3/26/2021 to link motion (ELW). |
| Filing 52 MOTION for Leave to File Reply in Support of #36 Expedited Motion to Compel Defendants Answers to Discovery Requests by Steven J Rushing. (Attachments: #1 Proposed Pleading;, #2 Exhibit 1)(Smith, Joseph) Modified on 3/26/2021 to link to motion (ELW). |
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Filing 51
ORDER: Plaintiff's #50 Motion to Strike Erroneously Filed Exhibit and to Substitute is GRANTED. The Clerk of Court will substitute the revised Exhibit A to R. Doc. 49 (R. Doc. 50-1) in place of the current Exhibit A to R. Doc. 49 (R. Doc. 49-1). Signed by Magistrate Judge Scott D. Johnson on 3/2/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| MOTION(S) REFERRED: #50 MOTION to Strike Erroneously Filed Exhibit (R.Doc.49-1 and to Substitute. This motion is now pending before the USMJ. (KMW) |
| Filing 50 MOTION to Strike Erroneously Filed Exhibit (R.Doc.49-1 and to Substitute by Steven J Rushing. (Attachments: #1 Exhibit A-redacted)(Smith, Joseph) Modified on 3/2/2021 to edit the docket text (KMW). |
| Filing 49 RESPONSE in Opposition to #34 MOTION to Extend Discovery Deadline for Written Fact Discovery filed by Steven J Rushing. (Attachments: #1 Exhibit A)(Smith, Joseph) (Attachment 1 replaced on 3/4/2021 in accordance with RD 51) (KMW). |
| Filing 48 MEMORANDUM in Opposition to #36 Expedited MOTION to Compel Defendants' Answers to Discovery Requests filed by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Tonagel, Diana) |
| Filing 47 MEMORANDUM in Opposition to #35 Expedited MOTION to Compel Defendant Erin Watson Horzelski's Oral Answers to Deposition Questions filed by All Defendants. (Tonagel, Diana) |
| Filing 46 MEMORANDUM in Opposition to #37 Expedited MOTION to Continue the Deposition of Plaintiff filed by All Defendants. (Attachments: #1 Exhibit)(Tonagel, Diana) |
| Filing 45 RESPONSE to Certain Statements Made by Defendants in Defendants' Status Report filed by Steven J Rushing. (Attachments: #1 Exhibit C)(Smith, Joseph) |
| Filing 44 Defendants' Status Report by All Defendants. (Attachments: #1 Exhibit)(Tonagel, Diana) Modified on 2/23/2021 to edit the docket text (SWE). |
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Filing 43
ORDER granting #41 Motion to Enroll Additional Attorney. Added attorney Brandon DeCuir and Ashley J. McCullen for John L. Crain, Tara Dupre, Erin Watson Horzelski and John Yeargain. Signed by Magistrate Judge Scott D. Johnson on 2/23/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| MOTION(S) REFERRED: #41 MOTION to Enroll Brandon J. DeCuir and Ashley J. McCullen as Additional Attorney . This motion is now pending before the USMJ. (EDC) |
| Filing 42 STATUS REPORT by Steven J Rushing. (Attachments: #1 Exhibit A)(Smith, Joseph) |
| Filing 41 MOTION to Enroll Brandon J. DeCuir and Ashley J. McCullen as Additional Attorney by All Defendants. (Attachments: #1 proposed order)(Clark, Linda) |
| Filing 40 Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Telephone Conference held on 2/11/2021. Status of this matter was discussed including the Parties' pending discovery motions. On or before 2/18/2021, the parties will attempt to resolve the discovery issues raised in their pending motions. On or before 2/22/2021, the parties will file a Joint Status Report. On or before 3/1/2021, the parties will file oppositions to any of the pending discovery motions. (R. Doc. nos. 34,35,36 and 37). (EDC) |
| Filing 39 Exhibit(s) to #35 Expedited MOTION to Compel Defendant Erin Watson Horzelski's Oral Answers to Deposition Questions by Steven J Rushing. (Smith, J.) |
| Filing 38 NOTICE of TELEPHONE CONFERENCE: A Telephone Conference is set for 2/11/2021 at 02:00 PM before Magistrate Judge Scott D. Johnson to discuss the Parties' pending discovery motions. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) |
| MOTION(S) REFERRED: #35 Expedited MOTION to Compel Defendant Erin Watson Horzelski's Oral Answers to Deposition Questions. This motion is now pending before the USMJ. (KMW) |
| MOTION(S) REFERRED: #36 Expedited MOTION to Compel Defendants' Answers to Discovery Requests. This motion is now pending before the USMJ. (KMW) |
| MOTION(S) REFERRED: #37 Expedited MOTION to Continue the Deposition of Plaintiff. This motion is now pending before the USMJ. (KMW) |
| Filing 37 Expedited MOTION to Continue the Deposition of Plaintiff by Steven J Rushing. (Attachments: #1 Memorandum in Support, #2 Exhibit I)(Smith, Joseph) Modified on 2/5/2021 to edit the docket text (KMW). |
| Filing 36 Expedited MOTION to Compel Defendants' Answers to Discovery Requests by Steven J Rushing. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Smith, Joseph) Modified on 2/5/2021 to edit the docket text (KMW). |
| Filing 35 Expedited MOTION to Compel Defendant Erin Watson Horzelski's Oral Answers to Deposition Questions by Steven J Rushing. (Attachments: #1 Memorandum in Support, #2 Exhibit A)(Smith, Joseph) Modified on 2/5/2021 to edit the docket text (KMW). |
| MOTION(S) REFERRED: #34 MOTION to Extend Discovery Deadline for Written Fact Discovery. This motion is now pending before the USMJ. (KMW) |
| Filing 34 MOTION to Extend Discovery Deadline for Written Fact Discovery by All Defendants. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support)(Tonagel, Diana) Modified on 2/1/2021 to edit the docket text (KMW). |
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Filing 33
ORDER: Defendants' #32 Motion to Quash Notice of Depositions or for Protective Order is DENIED AS MOOT, as the time for the noticed depositions has passed and defense counsel previously indicated the deponents were not available and would not appear. Further, it appears to the Court from a review of Defendants' Motion and the correspondence among counsel attached thereto that there are no substantive objections to the requested depositions, only issues with scheduling same. As such, the Court sua sponte orders the parties to confer within seven (7) days of this Order to schedule the depositions of Defendants Dr. John Crain and Dr. Erin Watson Horzelski, as well as those of any other parties and/or witnesses that either party wants to depose, within the current fact discovery deadline. Again, as there appear to be no substantive issues with these depositions, the parties are strongly encouraged to schedule all remaining depositions without further Court intervention. Signed by Magistrate Judge Scott D. Johnson on 1/4/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| MOTION(S) REFERRED: #32 MOTION to Quash Notice of Depositions or MOTION for Protective Order. This motion is now pending before the USMJ. (KMW) |
| Filing 32 MOTION to Quash Notice of Depositions or MOTION for Protective Order by All Defendants. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Tonagel, Diana). Added MOTION for Protective Order on 1/4/2021 (KMW). |
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Filing 31
ORDER: Plaintiff's #30 Unopposed Motion for an Extension of Fact Discovery is GRANTED. For good cause shown, the deadline for filing all discovery motions and completing all discovery except experts is extended to February 4, 2021. Signed by Magistrate Judge Scott D. Johnson on 10/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| Filing 30 Unopposed MOTION for an Extension of Fact Discovery by Steven J Rushing. (Smith, Joseph) Modified on 10/22/2020 to edit the docket text (KMW). |
| MOTION(S) REFERRED: #30 Unopposed MOTION for an Extension of Fact Discovery . This motion is now pending before the USMJ. (KMW) |
| Filing 29 Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Telephone Conference held on 4/30/2020. Status Report and new dates for a scheduling order was discussed. Amended Pleadings due by 6/30/2020. Discovery due by 12/4/2020. Discovery from Experts due by 4/5/2021. F.R.C.P. 26(a)(1) disclosures due by 5/22/2020. Plaintiff`s Expert Witness List due by 1/5/2021. Defendant`s Expert Witness List due by 2/5/2021. Plaintiff`s Expert Reports due by 2/5/2021. Defendant`s Expert Reports due by 3/5/2021. Dispositive and Daubert Motions shall be filed by 5/5/2021. (EDC) |
| Filing 28 NOTICE of TELEPHONE CONFERENCE: A Telephone Conference is set for 4/30/2020 at 02:00 PM before Magistrate Judge Scott D. Johnson. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) |
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Filing 27
ORDER granting #25 Motion to Enroll Additional Attorney. Added attorney Linda Law Clark for John L. Crain, Tara Dupre, Erin Watson Horzelski and John Yeargain. Signed by Magistrate Judge Scott D. Johnson on 3/6/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| Filing 25 MOTION to Enroll Linda Law Clark as Additional Attorney by John L. Crain, Tara Dupre, Erin Watson Horzelski, John Yeargain. (Attachments: #1 Proposed Pleading; Proposed Order)(Boyer, Mark) |
| MOTION(S) REFERRED: #25 MOTION to Enroll Linda Law Clark as Additional Attorney . This motion is now pending before the USMJ. (ELW) |
| Filing 26 Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 2/20/2020. The court advised the parties that in light of the Case Reassignment (R. Doc. 24), all further proceedings with be conducted by Magistrate Judge Scott D. Johnson. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 24 NOTICE: Pursuant to General Order 2020-03, this case is reassigned to Magistrate Judge Scott D. Johnson (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(DGM) |
| Filing 23 NOTICE of TELEPHONE CONFERENCE: Telephone Conference before the Magistrate Judge set for 2/20/2020 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes to discuss the #21 Joint Status Report. Counsel participating in the Conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 22 Notice to Counsel: The Scheduling Conference set for 2/13/2020 is CANCELED. The court is reviewing the #21 Joint Status Report filed. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 21 Joint STATUS REPORT by Steven J Rushing. (Smith, Joseph) |
| Filing 20 ANSWER and Defenses to #1 Complaint by John L. Crain, Tara Dupre, Erin Watson Horzelski, John Yeargain.(Boyer, Mark) Modified on 12/12/2019 to edit text. (EDC). |
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Filing 19
ORDER granting #18 Motion to Withdraw as Counsel of Record. Brian K. Ables is hereby withdrawn. Signed by Magistrate Judge Erin Wilder-Doomes on 12/10/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 18 MOTION for Brian K Abels to Withdraw as Attorney by All Defendants. (Attachments: #1 proposed order)(Abels, Brian) Modified on 12/6/2019 to edit text (LT). Modified on 12/6/2019 (NLT). |
| MOTION(S) REFERRED: #18 MOTION to Withdraw as Counsel of Record . This motion is now pending before the USMJ. (LT) |
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Filing 17
ORDER granting #16 MOTION for Extension of Time answer and Continue All Deadlines and Scheduling Conference. Responsive pleading due 12/11/2019. Status Report due by 1/30/2020. Scheduling Conference set for 2/13/2020 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Signed by Magistrate Judge Erin Wilder-Doomes on 11/14/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Set/Reset Deadlines (Court use only) (BLR) |
| Filing 16 First MOTION for Extension of Time answer and Continue All Deadlines and Scheduling Conference by All Defendants. (Attachments: #1 proposed order)(Abels, Brian) Modified on 11/13/2019 to edit text (LT). |
| MOTION(S) REFERRED: #16 First MOTION for Extension of Time answer and MOTION to Continue All Deadlines and Scheduling Conference. This motion is now pending before the USMJ. (LT) |
| Filing 15 SUMMONS Returned Executed by Steven J Rushing. John L. Crain served on 10/2/2019, answer due 10/23/2019. (Smith, J.) |
| Filing 14 SUMMONS Returned Executed by Steven J Rushing. John Yeargain served on 10/2/2019, answer due 10/23/2019. (Smith, J.) |
| Filing 13 SUMMONS Returned Executed by Steven J Rushing. Erin Watson Horzelski served on 10/2/2019, answer due 10/23/2019. (Smith, J.) |
| Filing 12 SUMMONS Returned Executed by Steven J Rushing. Tara Dupre served on 10/2/2019, answer due 10/23/2019. (Smith, J.) |
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Filing 11
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 12/12/2019 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 11/28/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 10/2/2019. (EDC)
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| Filing 10 Summons Issued as to John L. Crain. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LT) |
| Filing 9 Summons Issued as to John Yeargain. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LT) |
| Filing 8 Summons Issued as to Tara Dupre. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LT) |
| Filing 7 Summons Issued as to Erin Watson Horzelski. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LT) |
| Filing 6 Summons Submitted (Smith, J.) |
| Filing 5 Summons Submitted (Smith, J.) |
| Filing 4 Summons Submitted (Smith, J.) |
| Filing 3 Summons Submitted (Smith, J.) |
| Filing 2 NOTICE of filing of Civil Cover Sheet by Steven Rushing re #1 Complaint (Smith, J.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ALAMDC-2007561.), filed by Steven Rushing.(Smith, J.) |
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