Foster v. Southwestern Electric Power Company (Swepco) et al
| Barbara Foster |
| Southwestern Electric Power Company (Swepco) and Appalachian Power Company |
| Zack Hawthorn |
| 2:2025cv00313 |
| March 21, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Roy S Payne |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 18, 2025. A more recent docket listing may be available from PACER.
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| Filing 28 NOTICE OF COMPLIANCE by Appalachian Power Company, Southwestern Electric Power Company (Swepco) of Additional Disclosures (Starr, Michael) |
| Filing 27 NOTICE OF COMPLIANCE by Barbara Foster (Stephens, J. Patrick) |
| Filing 26 NOTICE OF COMPLIANCE by Appalachian Power Company, Southwestern Electric Power Company (Swepco) of Initial Disclosures (Starr, Michael) |
Filing 25
ORDER APPOINTING MEDIATOR. Signed by Magistrate Judge Roy S. Payne on 06/16/2025. (mdj)
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| Filing 24 ANSWER to #13 Amended Complaint by Southwestern Electric Power Company (Swepco).(Starr, Michael) |
| Filing 23 ANSWER to #13 Amended Complaint by Appalachian Power Company.(Starr, Michael) |
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Filing 22
PROTECTIVE ORDER. Signed by Magistrate Judge Roy S. Payne on 06/10/2025. (mdj)
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Filing 21
DOCKET CONTROL ORDER: Pretrial Conference set for 4/23/2026 at 01:30 PM before Magistrate Judge Roy S. Payne. Jury Selection set for 5/11/2026 at 09:00AM before Magistrate Judge Roy S. Payne.. Signed by Magistrate Judge Roy S. Payne on 06/10/2025. (mdj)
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| Filing 20 DISCOVERY ORDER(mdj) |
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Filing 19
ORDER assigning case to Judge Payne by consent of the parties for all further proceedings and entry of judgment. Signed by District Judge Robert W. Schroeder, III on 06/06/2025. (mdj)
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| Filing 18 CONSENT to Proceed Before US Magistrate Judge.. (mdj) |
| Magistrate Judge Roy S. Payne added. District Judge Robert W. Schroeder, III no longer assigned to case. (mdj) |
| Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Scheduling Conference held on 6/6/2025 from 09:20 - 09:40. Proposed deadlines for Docket Control Order and Discovery Order discussed. Standard protective order requested. Attorney Appearances: Plaintiff - Mark Underwood; Defense - Michael Starr. No exhibits. (Court Reporter - Not Recorded) (wea) |
| Filing 17 FILED IN ERROR WAIVER OF SERVICE Returned Executed by Barbara Foster. (Stephens, J. Patrick) Modified on 6/3/2025 (mdj). |
| Filing 16 WAIVER OF SERVICE Returned Executed by Barbara Foster. (Stephens, J. Patrick) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Barbara Foster. (Stephens, J. Patrick) |
| Answer Due Deadline Updated for Appalachian Power Company to 7/29/2025. (mdj) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Barbara Foster. All Defendants. (Stephens, J. Patrick) |
| Filing 13 SECOND AMENDED COMPLAINT against All Defendants, filed by Barbara Foster.(Stephens, J. Patrick) |
| Scheduling Conference RESET for 6/6/2025 at 09:20 AM before Magistrate Judge Roy S. Payne. (wea) |
| Filing 12 NOTICE of Attorney Appearance by J. Patrick L Stephens on behalf of Barbara Foster (Stephens, J. Patrick) |
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Filing 11
ORDER granting #10 Motion for Leave to File a Second Amended Petition. Signed by Magistrate Judge Roy S. Payne on 05/19/2025. (mdj)
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| Filing 10 MOTION to Amend/Correct , UNOPPOSED MOTION for Leave to File Second Amended Complaint by Barbara Foster. (Attachments: #1 Exhibit, #2 Proposed Order)(Underwood, Mark) |
| Filing 9 NOTICE OF SCHEDULING CONFERENCE (mdj) |
| Scheduling/Case Management Conference set for 6/5/2025 at 09:20 AM before Magistrate Judge Roy S. Payne. (mdj) |
| Filing 8 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Southwestern Electric Power Company (Swepco), American Electric Power Service Corporation identifying Corporate Parent American Electric Power Company Inc for American Electric Power Service Corporation, Southwestern Electric Power Company (Swepco). (Starr, Michael) |
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Filing 6
ORDER OF RECUSAL. District Judge Rodney Gilstrap recused. Case reassigned to District Judge Robert W. Schroeder, III and Magistrate Judge Roy S. Payne for all further proceedings. Signed by District Judge Rodney Gilstrap on 3/25/2025. (NKL)
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| Filing 5 ORIGINAL ANSWER to #3 Amended Complaint by American Electric Power Service Corporation from 71st District Court, case number 25-0203.(NKL) |
| Filing 4 ORIGINAL ANSWER to #3 Amended Complaint by Southwestern Electric Power Company (Swepco) from 71st District Court, case number 25-0203.(NKL) |
| Filing 3 AMENDED PETITION against American Electric Power Service Corporation, Southwestern Electric Power Company (Swepco), filed by Barbara Foster from 71st District Court, case number 25-0203.(NKL) |
| Filing 2 ORIGINAL PETITION against American Electric Power Service Corporation, Southwestern Electric Power Company (Swepco), filed by Barbara Foster from 71st District Court, case number 25-0203.(NKL) |
| Case Assigned to District Judge Rodney Gilstrap. (NKL) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (NKL) |
| Filing 1 NOTICE OF REMOVAL by Southwestern Electric Power Company (Swepco), American Electric Power Service Corporation from 71st District Court, case number 25-0203. (Filing fee $ 405 receipt number ATXEDC-10740614), filed by Southwestern Electric Power Company (Swepco), American Electric Power Service Corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A)(Starr, Michael) |
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