Pearson v. University of Chicago
| Thomas L Pearson |
| Anne Richard and Gary Edson |
| University of Chicago |
| Pearson Family Members Foundation |
| 4:2019mc00018 |
| December 6, 2019 |
| US District Court for the Northern District of Oklahoma |
| John E Dowdell |
| Gregory K Frizzell |
| Frank H McCarthy |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 27
OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting #1 Motion to Compel (tjc, Dpty Clk)
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Filing 26
MINUTE ORDER by Judge Gregory K. Frizzell referring Motion to Compel and, reassigning case to Magistrate Judge Frank H McCarthy, as it is related to 18-CV-99-GKF-FHM, changing case number to 19-mc-18-GKF-FHM (Re: #1 MOTION to Compel ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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| Filing 25 MINUTE ORDER by Court Clerk reassigning case to Judge Gregory K Frizzell as it is related to 18-CV-99-GKF-FHM, reassigning case to Judge Gregory K Frizzell, Chief Judge John E Dowdell no longer assigned to case, changing case number to 19-MC-18-GKF (This entry is the Official Order of the Court. No document is attached.) (lml, Dpty Clk) |
| Filing 24 ATTORNEY APPEARANCE by Scott Hathaway on behalf of Thomas L Pearson, Pearson Family Members Foundation [Note: Attorney Scott Hathaway added to party Thomas L Pearson(pty:pla), Attorney Scott Hathaway added to party Pearson Family Members Foundation(pty:cd).] (Hathaway, Scott) |
| Filing 23 ATTORNEY APPEARANCE by Hayley N Stephens on behalf of Thomas L Pearson, Pearson Family Members Foundation [Note: Attorney Hayley N Stephens added to party Thomas L Pearson(pty:pla), Attorney Hayley N Stephens added to party Pearson Family Members Foundation(pty:cd).] (Stephens, Hayley) |
| Filing 22 ATTORNEY APPEARANCE by Isaac Robertson Ellis on behalf of Thomas L Pearson, Pearson Family Members Foundation [Note: Attorney Isaac Robertson Ellis added to party Thomas L Pearson(pty:pla), Attorney Isaac Robertson Ellis added to party Pearson Family Members Foundation(pty:cd).] (Ellis, Isaac) |
| Filing 21 ATTORNEY APPEARANCE by Jessica Lynn Dickerson on behalf of University of Chicago [Note: Attorney Jessica Lynn Dickerson added to party University of Chicago(pty:cc), Attorney Jessica Lynn Dickerson added to party University of Chicago(pty:dft).] (Dickerson, Jessica) |
| Filing 20 ATTORNEY APPEARANCE by William Suttle Leach on behalf of University of Chicago [Note: Attorney William Suttle Leach added to party University of Chicago(pty:cc), Attorney William Suttle Leach added to party University of Chicago(pty:dft).] (Leach, William) |
| Filing 19 LETTER re: Local Counsel Requirement sent to Donn Charles Meindertsma (sc, Dpty Clk) |
| Filing 18 LETTER re: Local Counsel Requirement sent to Andrew C Baak (sc, Dpty Clk) |
| Filing 17 LETTER re: Local Counsel Requirement sent to Taylor A R Meehan (sc, Dpty Clk) Modified on 12/6/2019 to attach PDF (sc, Dpty Clk). |
| Filing 16 LETTER re: Local Counsel Requirement sent to Marisa Maleck (sc, Dpty Clk) |
| Filing 15 MINUTE ORDER by Court Clerk , changing case number to 19-MC-18-JED (This entry is the Official Order of the Court. No document is attached.) (sc, Dpty Clk) |
| Filing 14 CASE TRANSFERRED IN from District of Columbia |
| Case transferred to the USDC for the the Northern District of Oklahoma, pursuant to the Court Order entered 11/26/2019. Sent to Court via extraction. (ztth) [Transferred from District of Columbia on 12/6/2019.] |
| Set/Reset Deadlines: Transfer due by 12/6/2019. (zjch) [Transferred from District of Columbia on 12/6/2019.] |
| Filing 13 NOTICE Of Consent to Transfer by PEARSON FAMILY MEMBERS FOUNDATION (Meindertsma, Donn) [Transferred from District of Columbia on 12/6/2019.] |
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MINUTE ORDER. Before the Court is the plaintiff's #1 Motion to Compel compliance with a subpoena against non-parties Richard and Edson issued by the Northern District of Oklahoma in the underlying civil action. The plaintiff filed the motion here because the non-parties appear to be D.C. residents, and so compliance is required in this Court. See Dkt. 1. Federal Rule of Civil Procedure 45 governs such subpoenas. It provides that "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to the subpoena consents or if the court finds exceptional circumstances." Fed. R. Civ. P. 45(f). The non-parties and the plaintiff consent to transferring this motion to the issuing court. See Dkts. 12, 13. The Court thus exercises its discretion under Rule 45(f) to transfer this motion to the Northern District of Oklahoma. The Clerk of Court is directed to transfer this miscellaneous matter to the Northern District of Oklahoma. So Ordered by Judge Dabney Friedrich on November 26, 2019. (lcdlf1) [Transferred from District of Columbia on 12/6/2019.]
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| Filing 12 NOTICE Regarding Transfer of Plaintiff's Motion to Compel to the Northern District of Oklahoma by GARY EDSON, ANNE RICHARD (Baak, Andrew) [Transferred from District of Columbia on 12/6/2019.] |
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MINUTE ORDER. Both sides indicate in their briefing on the #1 Motion to Compel that they would not oppose transfer to the Northern District of Oklahoma. Federal Rule of Civil Procedure 45(f) gives this Court discretion to transfer the Motion to the issuing court--here, the Northern District of Oklahoma--"if the person subject to the subpoena consents or if the court finds exceptional circumstances." It is not clear from the briefing whether either side, including the non-parties "subject to the subpoena," consent to transfer. As such, both sides shall notify the Court, on or before November 25, 2019, whether they consent to this Court transferring the #1 Motion to Compel to the Northern District of Oklahoma under Rule 45(f). So Ordered by Judge Dabney L. Friedrich on November 22, 2019. (lcdlf1) [Transferred from District of Columbia on 12/6/2019.]
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| Filing 11 REPLY in Support of #1 Motion to Compel filed by PEARSON FAMILY MEMBERS FOUNDATION. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Exhibit B - A. Richard Email Exchange, #3 Exhibit C - Email Exchange of Counsel)(Meindertsma, Donn) [Transferred from District of Columbia on 12/6/2019.] |
| Filing 10 OPPOSITION re #1 motion to compel by Gary Edson, Anne Richard (Attachments: #1 Exhibit 1 - Pleading, #2 Exhibit 2 - Pleading, #3 Exhibit 3 - Declaration, #4 Exhibit 4 - Declaration, #5 Exhibit 5 - Subpoena, #6 Exhibit 6 - Subpoena, #7 Exhibit 7 - Letter, #8 Exhibit 8 - Declaration, #9 Exhibit 9 - Email, #10 Exhibit 10 - Letter, #11 Exhibit 11 - Email, #12 Exhibit 12 - Email, #13 Exhibit 13 - Email, #14 Exhibit 14 - Email, #15 Errata 15 - Email, #16 Exhibit 16 - Order, #17 Exhibit 17 - Pleading, #18 Exhibit 18 - Pleading, #19 Exhibit 19 - Order, #20 Text of Proposed Order)(Baak, Andrew) Modified to correct docket event/text on 11/19/2019 (eg). [Transferred from District of Columbia on 12/6/2019.] |
| Filing 9 NOTICE of Appearance by Taylor A.R. Meehan on behalf of Gary Edson, Anne Richard (Meehan, Taylor) [Transferred from District of Columbia on 12/6/2019.] |
| Filing 8 NOTICE of Appearance by Andrew Baak on behalf of Gary Edson, Anne Richard (Baak, Andrew) [Transferred from District of Columbia on 12/6/2019.] |
| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Compel by Gary Edson, Anne Richard (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Maleck, Marisa) [Transferred from District of Columbia on 12/6/2019.] |
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MINUTE ORDER granting the #6 Motion for Leave to Appear Pro Hac Vice for Attorney Andrew C. Baak. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. So Ordered by Judge Dabney L. Friedrich on November 6, 2019. (lcdlf1) [Transferred from District of Columbia on 12/6/2019.]
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MINUTE ORDER granting the #5 Motion for Leave to Appear Pro Hac Vice for Attorney Taylor A.R. Meehan. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. So Ordered by Judge Dabney L. Friedrich on November 6, 2019. (lcdlf1) [Transferred from District of Columbia on 12/6/2019.]
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MINUTE ORDER granting in part non-party Ann Richard's and non-party Gary Edson's #7 Unopposed Motion for Extension of Time Respond to Motion to Compel. The non-parties' response to the plaintiffs' #1 Motion to Compel shall be filed on or before November 14, 2019, which is 14 days from when the non-parties received the motion. See LCvR 7(b). The plaintiffs' reply, if any, shall be filed on or before November 21, 2019. See LCvR 7(d). So Ordered by Judge Dabney L. Friedrich on November 6, 2019. (lcdlf1) [Transferred from District of Columbia on 12/6/2019.]
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| Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew C. Baak, Filing fee $ 100, receipt number ADCDC-6508933. Fee Status: Fee Paid. by Gary Edson, Anne Richard (Attachments: #1 Declaration, #2 Text of Proposed Order)(Maleck, Marisa) [Transferred from District of Columbia on 12/6/2019.] |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Taylor A.R. Meehan, Fee Status: No Fee Paid. by Gary Edson, Anne Richard (Attachments: #1 Declaration, #2 Text of Proposed Order)(Maleck, Marisa) [Transferred from District of Columbia on 12/6/2019.] |
| Filing 4 NOTICE of Appearance by Marisa Maleck on behalf of Anne Richard, Gary Edson (Maleck, Marisa) [Transferred from District of Columbia on 12/6/2019.] |
| Payment for #5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Taylor A.R. Meehan, Fee Status: No Fee Paid.. ($100; Receipt number ADCDC-6508957). (Maleck, Marisa) [Transferred from District of Columbia on 12/6/2019.] |
| Filing 3 CERTIFICATE OF SERVICE by PEARSON FAMILY MEMBERS FOUNDATION re #1 Motion to Compel . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Meindertsma, Donn) [Transferred from District of Columbia on 12/6/2019.] |
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MINUTE ORDER. Before the Court is the plaintiff's #1 Motion to Compel. The Certificate of Service does not indicate a date of service, and neither Exhibit A nor Exhibit B were submitted with the motion. Accordingly, the plaintiff shall file a notice confirming the date of service and provide Exhibits A and B on or before October 25, 2019. So Ordered by Judge Dabney L. Friedrich on October 23, 2019. (lcdlf1) [Transferred from District of Columbia on 12/6/2019.]
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| Filing 2 NOTICE OF RELATED CASE by THOMAS L. PEARSON, PEARSON FAMILY MEMBERS FOUNDATION. Case related to Case No. 18-CV-99-GKF-FHM, USDC for the Northern District of Oklahoma. (ztth) (Main Document 2 replaced on 10/9/2019) (ztth). [Transferred from District of Columbia on 12/6/2019.] |
| Filing 1 MOTION to Compel (Filing fee $ 47 receipt number 4616100946.) filed by THOMAS L. PEARSON, PEARSON FAMILY MEMBERS FOUNDATION. (Attachment: #1 Text of Proposed Order) (ztth) [Transferred from District of Columbia on 12/6/2019.] |
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