Podeschi v. First United Bank et al
| Darrin Podeschi |
| First United Bank, Greg Massey and Mark Dawson |
| US Magistrate Judge Kimberly C Priest Johnson and John W Hughes |
| 4:2022cv00658 |
| June 9, 2022 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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Filing 38
AGREED ORDER OF DISMISSAL WITH PREJUDICE. The Parties have announced that they wish to dismiss this matter with prejudice. It is, therefore, ORDERED, ADJUDGED, AND DECREED that all causes of action brought by Plaintiff Darrin Podeschi against Defendants First United Bank, Greg Massey, and Mark Dawson in the above- entitled and numbered cause, be and the same are hereby DISMISSED WITH PREJUDICE to the right of the Plaintiff to re-file same or any part thereof against Defendants. Each party shall bear his or its own costs. All relief not previously granted is hereby denied. The Clerk is directed to close this civil action.. Signed by District Judge Amos L. Mazzant, III on 07/12/2023. (las, )
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| Filing 37 STIPULATION of Dismissal With Prejudice by Mark Dawson, First United Bank, Greg Massey. (Attachments: #1 Proposed Order)(Deponte, Michael) |
| Filing 36 REPORT of Mediation by John W Hughes, Darrin Podeschi. Mediation result: Settled(Goodman, Robert) |
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Filing 35
ORDER ON CLOSING DOCUMENTS. It is ORDERED that, on or before July 10, 2023, all parties shall submit to the court all papers necessary for the closing of this case and its removal from the active docket of this court. Signed by District Judge Amos L. Mazzant, III on 6/8/2023. (baf, )
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| Filing 34 NOTICE of Settlement by Darrin Podeschi (Goodman, Robert) |
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Filing 33
ORDER granting #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support filed by Greg Massey. It is further ORDERED that Podeschi's third and fourth causes of action brought under Chapter 21 of the Texas Labor Code against Massey are hereby DISMISSED with prejudice. Signed by District Judge Amos L. Mazzant, III on 6/6/2023. (slo)
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Filing 32
ORDER granting #31 Joint MOTION Relief from Mediation. Parties are directed to conduct mediation with private mediator John W. Hughes the week of June 5, 2023. Signed by District Judge Amos L. Mazzant, III on 6/5/2023. (ch, )
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| Filing 31 Joint MOTION Relief from Mediation by a Magistrate by Mark Dawson, First United Bank, Greg Massey. (Attachments: #1 Proposed Order)(Deponte, Michael) |
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Filing 30
ORDER denying #29 Motion for Extension of Pretrial Deadlines and Continuance of Trial. Signed by District Judge Amos L. Mazzant, III on 5/23/2023. (nkl, )
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| Filing 29 Joint MOTION to Amend/Correct #28 Scheduling Order,,, Terminate Motions,, Extend Pre-Trial Deadlines by Mark Dawson, First United Bank, Greg Massey. (Deponte, Michael) (Additional attachment(s) added on 5/10/2023: #1 Text of Proposed Order) (baf, ). |
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Filing 28
FIRST AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/7/2023 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Discovery due by 6/5/2023. Expert Witness List due by 3/16/2023 for Plaintiff and by 4/16/2023 for Defendant. Proposed Jury instructions/Form of Verdict due by 10/16/2023. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 6/11/2023. Mediation Completion due by 5/31/2023. Joint Final Pretrial Order due by 9/30/2023. Granting #26 Joint MOTION to Continue Trial Setting and Pretrial Deadlines filed by Darrin Podeschi. Signed by District Judge Amos L. Mazzant, III on 3/28/2023. (baf, )
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| Set/Reset Scheduling Order Deadlines: Motions to dismiss, motions for summary judgment, or other dispositive motions due by 6/11/2023. (baf, ) |
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Filing 27
ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this court's Mediation Plan. U.S. Magistrate Judge Kimberly C. Priest Johnson is hereby appointed to mediate the case. Mediation Completion due by 6/1/2023. The parties are instructed to contact Judge Johnson's chambers to discuss dates available for mediation. Signed by District Judge Amos L. Mazzant, III on 3/8/2023. (baf, )
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| Filing 26 Joint MOTION to Continue Trial Setting and Pretrial Deadlines by Darrin Podeschi. (Attachments: #1 Text of Proposed Order)(Goodman, Robert) |
| Filing 25 NOTICE of Designation of Mediator, Christine A. Nowak, filed by Darrin Podeschi. (Goodman, Robert) |
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Filing 24
SCHEDULING ORDER: Final Pretrial Conference set for 8/31/2023 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 2/1/2023 for Plaintiff and by 1/26/2023 for Defendant. Discovery due by 4/6/2023. Joinder of Parties due by 12/1/2022. Proposed Jury instructions/Form of Verdict due by 8/17/2023. Mediation Completion due by 4/1/2023. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 4/12/2023. Joint Final Pretrial Order due by 8/1/2023. Signed by District Judge Amos L. Mazzant, III on 11/1/2022. (baf, )
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| The Court hereby CANCELS the October 20, 2022 Scheduling Conference; the Court will enter a Scheduling Order. Plaintiff's Unopposed Motion for Continuance (Dkt. #21) is denied as moot. (tls) |
| Filing 23 REPORT of Rule 26(f) Planning Meeting. (Deponte, Michael) |
| Filing 22 NOTICE of Attorney Appearance by Marissa Lynn Boulanger on behalf of All Defendants (Boulanger, Marissa) |
| Filing 21 Unopposed MOTION to Continue October 20, 2022 Rule 16 Management Conference by Darrin Podeschi. (Attachments: #1 Text of Proposed Order)(Goodman, Robert) (Attachment 1 replaced on 10/6/2022) (baf, ). |
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Filing 20
ORDER GOVERNING PROCEEDINGS - Rule 16 management Conference set for 10/20/2022 04:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 9/1/2022. (ch, )
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Filing 19
ORDER granting #14 Motion to Substitute Attorney. Attorney Christopher M. Staine terminated. Signed by District Judge Amos L. Mazzant, III on 8/30/2022. (ch, )
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| Filing 18 SUR-REPLY to Reply to Response to Motion re #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support filed by Darrin Podeschi. (Goodman, Robert) |
| Filing 17 REPLY to Response to Motion re #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support filed by Greg Massey. (Deponte, Michael) |
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Filing 16
ORDER - granting #15 Agreed MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support , #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support. Responses due by 8/24/2022. Signed by District Judge Amos L. Mazzant, III on 8/18/2022. (baf, )
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| Filing 15 Agreed MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support by Mark Dawson, First United Bank, Greg Massey. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Time to Reply)(Deponte, Michael) |
| Filing 14 MOTION to Substitute Attorney by Mark Dawson, First United Bank, Greg Massey. (Deponte, Michael) (Additional attachment(s) added on 8/17/2022: #1 Text of Proposed Order) (baf, ). |
| Filing 13 RESPONSE in Opposition re #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support filed by Darrin Podeschi. (Goodman, Robert) |
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Filing 12
ORDER granting #10 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support Responses due by 8/12/2022. Signed by District Judge Amos L. Mazzant, III on 8/2/2022. (nkl, )
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Filing 11
ORDER granting #6 Joint MOTION to Change Venue with Brief in Support. ORDERS that the case be transferred to the United States District Court for the Eastern District of Texas, Sherman Division, without delay. Signed by Magistrate Judge Roy S. Payne on 7/29/2022. (ch, )
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| Case Assigned to District Judge Amos L. Mazzant, III. (rpc, ) |
| 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. (rpc, ) |
| Filing 10 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support by Darrin Podeschi. (Attachments: #1 Text of Proposed Order)(Goodman, Robert) (Additional attachment(s) added on 7/26/2022: #2 Revised Proposed Order) (nkl, ). |
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Filing 9
NOTICE OF SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDERAND DISCOVERY ORDER - Scheduling Conference set for 8/23/2022 10:20 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 7/19/2022. (ch, )
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| 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 8 ANSWER to #1 Complaint, by Mark Dawson, First United Bank, Greg Massey.(Staine, Christopher) |
| Filing 7 MOTION to Dismiss (Partial) Plaintiff's Complaint Subject to the Court's Ruling on the Joint Motion to Change Venue, With Brief in Support by Greg Massey. (Staine, Christopher) (Additional attachment(s) added on 7/19/2022: #1 Text of Proposed Order) (nkl, ). |
| Filing 6 Joint MOTION to Change Venue with Brief in Support by Mark Dawson, First United Bank, Greg Massey. (Attachments: #1 Proposed Order)(Staine, Christopher) |
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Filing 5
ORDER granting #4 Motion to extend the deadline to file an answer. Deadline is due 7/15/2022. Signed by Magistrate Judge Roy S. Payne on 6/28/2022. (ch, )
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| Answer Due Deadline Updated for Mark Dawson to 7/15/2022; First United Bank to 7/15/2022; Greg Massey to 7/15/2022. (ch, ) |
| Filing 4 Unopposed MOTION to Extend Deadline to File an Answer or Otherwise Respond to Plaintiff's Complaint by Mark Dawson, First United Bank, Greg Massey. (Attachments: #1 Proposed Order)(Staine, Christopher) Modified on 6/24/2022 (ch) |
| Filing 3 ***FILED IN ERROR***Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Mark Dawson, First United Bank, Greg Massey.( Staine, Christopher) Modified on 6/24/2022 (ch, ). |
| ***FILED IN ERROR. REFILE USING THE APPLICATION Document # 3, Unopposed Application for Extension of Time. PLEASE IGNORE.*** (ch, ) |
| Filing 2 SUMMONS Issued as to Mark Dawson, First United Bank, Greg Massey. (Attachments: #1 Summons(es), #2 Summons(es))(ch, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATXEDC-8967176.), filed by Darrin Podeschi. (Attachments: #1 Civil Cover Sheet, #2 Summons(es) Summons- FUB, #3 Summons(es) Summons- Massey, #4 Summons(es) Summons- Dawson, #5 Exhibit Certificate of Interested Parties)(Goodman, Robert) |
| Case assigned to District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne. (ch, ) |
| 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. (ch, ) |
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