Higbie v. Kerry
| Richard Higbie |
| Hillary Rodham Clinton and John Kerry |
| 3:2011cv02636 |
| October 5, 2011 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sam A Lindsay |
| Employment |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2015. A more recent docket listing may be available from PACER.
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Filing 152
JUDGMENT/MANDATE of USCA as to #141 Notice of Appeal, filed by Richard Higbie. The judgment of the District Court is affirmed Issued as Mandate: 5/12/15. (svc)
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Filing 151
Opinion of USCA in accordance with USCA judgment re #141 Notice of Appeal, filed by Richard Higbie. (svc)
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Filing 150
ORDER of USCA as to #141 Notice of Appeal, filed by Richard Higbie. IT IS ORDERED that appellant's opposed motion for stay of judgment costs pending appeal is DENIED. (svc)
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Filing 149
ORDER of USCA as to #147 Notice of Appeal, filed by Richard Higbie is dismissed. (svc)
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Record on Appeal for USCA5 14-11038 (related to #147 appeal): Record consisting of ECF electronic record, 2 Volume(s) electronic transcript, Sealed or ex parte electronic document(s), (circuit approval is required for access), certified to USCA. To request a copy of the record (on disk or on paper), #contact the appeals deputy in advance to arrange delivery. (svc)
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Record on Appeal for USCA5 14-11038 (related to #147 appeal): transmitted to US Attorney's Office on disk only by hand delivery. (svc)
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USCA Case Number 14-11038 for #147 Notice of Appeal, filed by Richard Higbie. (svc)
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Filing 148
Transcript Order Form: re #147 Notice of Appeal, transcript not requested. (tln)
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Filing 147
NOTICE OF APPEAL to the Fifth Circuit as to #146 Order on Motion to Stay, by Richard Higbie. Filing fee $505, receipt number 0539-6290218. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Mathias, Damon)
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Filing 146
ORDER: Before the court is Plaintiff Richard Higbie's #143 Emergency Motion for Stay Pending Appeal, filed 9/3/2014. After careful consideration of the motion and brief, Defendant's response, and applicable law, the court, essentially for the reasons stated by Defendant, denies Plaintiff's Emergency Motion for Stay Pending Appeal. (Ordered by Judge Sam A Lindsay on 9/10/2014) (ctf)
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Filing 145
RESPONSE filed by John Kerry re: #143 Emergency MOTION to Stay re #138 Judgment,,, #140 Costs Taxed (Stoltz-DOJ, Brian)
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Filing 144
ORDER: Before the court is Plaintiff Richard Higbie's ("Plaintiff") Emergency Motion for Stay Pending Appeal (Doc. #143 ), filed 9/3/2014. The court orders Defendant John Kerry, in his official capacity as Secretary of State, to file an expedited response to Plaintiff's Motion for Stay by Tuesday, 9/9/2014. (Ordered by Judge Sam A Lindsay on 9/5/2014) (ctf)
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Filing 143
Emergency MOTION to Stay re #138 Judgment,,, #140 Costs Taxed filed by Richard Higbie (Attachments: #1 Exhibit(s) Exhibits) (Mathias, Damon)
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Filing 142
Abstract of Judgment issued as to Richard Higbie. (Attachments: #1 abstract) (tln)
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Record on Appeal for USCA5 14-10568 (related to #141 appeal): transmitted to Robert Sirianni Jr, appeal counsel for Richard Higbie on disk only by mail. (svc)
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Record on Appeal for USCA5 14-10568 (related to #141 appeal): transmitted to US Attorney's Office on disk only by hand delivery. (svc)
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Record on Appeal for USCA5 14-10568 (related to #141 appeal): Record consisting of: 1 ECF electronic record, 2 Volume(s) electronic transcript, Sealed or ex parte document number(s): 80,81,94,96-98 (circuit approval is required for access), certified to USCA. To request a copy of the record (on disk or on paper), #contact the appeals deputy in advance to arrange delivery. (svc)
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USCA Case Number 14-10568 for #141 Notice of Appeal, filed by Richard Higbie. (svc)
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Filing 141
NOTICE OF APPEAL to the Fifth Circuit by Richard Higbie. Filing fee $505, receipt number 0539-6028507. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Mathias, Damon)
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Filing 140
Costs Taxed in amount of $13,093.02 against Richard Higbie. (aaa)
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Filing 139
BILL OF COSTS by John Kerry. (Attachments: #1 Additional Page(s) Cost Breakdown and Invoices) (Read-DOJ, Shane)
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Filing 138
JUDGMENT: It is therefore ordered that Richard Higbie take nothing against John Kerry, in his official capacity as Secretary of State; that this action against Defendant is dismissed with prejudice; that all allowable and reasonable costs are taxed against Plaintiff; and that all relief not granted herein is denied. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Sam A Lindsay on 3/14/2014) (axm)
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Filing 137
Memorandum Opinion and Order: The court determines that no genuine dispute of material fact exists as to Plaintiff's claims for retaliation and retaliatory hostile work environment. Defendant is therefore entitled to judgment as a matter of law on these claims. Accordingly, the court grants #82 Defendant's Motion for Summary Judgment and dismisses with prejudice this action. Judgment will issue by separate document as required by Federal Rule of Civil Procedure 58. (Ordered by Judge Sam A Lindsay on 3/14/2014) (axm)
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Filing 136
ORDER denying #124 Plaintiff's Motion for Leave to File Sur-reply. (Ordered by Judge Sam A Lindsay on 10/30/2013) (skt)
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Filing 135
ORDER: The court overrules Plaintiff's Objections regarding the magistrate judge's ruling on Plaintiff's #106 Fourth Motion for Sanctions and Defendant's #109 Motion to Strike Plaintiff's Fourth Motion for Sanctions. (Ordered by Judge Sam A Lindsay on 10/30/2013) (skt)
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Filing 134
REPLY filed by Richard Higbie re: #124 MOTION for Leave to File Sur- reply to Defendants Reply to Plaintiffs Response to Defendants Motion for Summary Judgment (Schulman, Cary)
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Filing 133
Appendix in Support filed by Richard Higbie re #126 Response/Objection and Filing of Transcript in Support of Objections (Schulman, Cary)
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Filing 132
RESPONSE filed by John Kerry re: #126 Response/Objection (Stoltz-DOJ, Brian)
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Filing 131
RESPONSE filed by John Kerry re: #124 MOTION for Leave to File Sur- reply to Defendants Reply to Plaintiffs Response to Defendants Motion for Summary Judgment (Stoltz-DOJ, Brian)
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Filing 130
ORDER GRANTING GOVERNMENT'S OMNIBUS MOTION FOR LIFT OF STAY. (Ordered by Chief Judge Sidney A Fitzwater on 10/17/2013) (Attachments: #1 OMNIBUS MOTION FOR LIFT OF STAY) (drh)
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Filing 129
ORDER GRANTING GOVERNMENT'S OMNIBUS MOTION FOR STAY OF CASES IN LIGHT OF LAPSE OF APPROPRIATIONS. (Ordered by Chief Judge Sidney A Fitzwater on 10/7/2013) (Attachments: #1 Omnibus Motion for Stay of Case in Light of Lapse of Appropriations) (drh)
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Filing 128
Notice of Filing of Official Electronic Transcript of Motion for Sanctions, Motion to Strike Proceedings held on 09/11/2013 before Judge Paul D. Stickney. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 940-498-2402. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (17 pages). Redaction Request due 10/22/2013. Redacted Transcript Deadline set for 11/1/2013. Release of Transcript Restriction set for 12/30/2013. (Rehling, Kathy)
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Filing 127
ANSWER to #123 Amended Complaint filed by John Kerry. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Stoltz, Brian)
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Filing 126
OBJECTION filed by Richard Higbie re: #120 Order on Motion for Sanctions, Order on Motion to Strike (Schulman, Cary)
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Filing 125
Appendix in Support filed by Richard Higbie re #124 MOTION for Leave to File Sur- reply to Defendants Reply to Plaintiffs Response to Defendants Motion for Summary Judgment (Schulman, Cary)
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Filing 124
MOTION for Leave to File Sur- reply to Defendants Reply to Plaintiffs Response to Defendants Motion for Summary Judgment filed by Richard Higbie (Attachments: #1 Proposed Order) (Schulman, Cary)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: Telephone Conference held on 9/12/2013. Attorney Appearances: Plaintiff - Cary Schulman; Defense - Shane Read, Brian Stoltz. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 0:45. (chmb)
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Filing 123
THIRD AMENDED COMPLAINT WITH JURY DEMAND against John Kerry filed by Richard Higbie. (Schulman, Cary)
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Filing 122
ORDER granting #115 Plaintiff's Motion for Leave to Amend Complaint. Third Amended Complaint due by 9/13/2013. (Ordered by Judge Sam A Lindsay on 9/12/2013) (skt)
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Filing 121
ORDER: Telephonic Conference set for 9/12/2013 10:45 AM before Judge Sam A Lindsay re: #115 MOTION for Leave to File Amended Complaint to Correct Technical Pleading Errors And Written Response Pursuant to Court Order. (Ordered by Judge Sam A Lindsay on 9/11/2013) (skt)
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Filing 120
ORDER denying #106 Fourth Motion for Sanctions; granting #109 Motion to Strike Plaintiff's Fourth Motion for Sanctions. (Ordered by Magistrate Judge Paul D Stickney on 9/11/2013) (mcrd)
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Filing 119
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Motion Hearing held on 9/11/2013 re #106 Fourth Motion for Sanctions filed by Richard Higbie and #109 Motion to Strike #106 Fourth MOTION for Sanctions filed by John Kerry. Order to enter. Attorney Appearances: Plaintiff - Cary Schulman; Defense - Shane Read, Brian Stotlz. (Court Reporter: Digital File) (No exhibits) Time in Court - :24. (mcrd)
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Filing 118
Appendix in Support filed by John Kerry re #117 Response/Objection to Plaintiff's Motion for Leave to Amend Complaint (Stoltz, Brian)
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Filing 117
RESPONSE filed by John Kerry re: #115 MOTION for Leave to File Amended Complaintto Correct Technical Pleading Errors And Written Response Pursuant to Court Order (Stoltz, Brian)
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Filing 116
Appendix in Support filed by Richard Higbie re #115 MOTION for Leave to File Amended Complaintto Correct Technical Pleading Errors And Written Response Pursuant to Court Order (Schulman, Cary)
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Filing 115
MOTION for Leave to Amend Complaint to Correct Technical Pleading Errors And Brief filed by Richard Higbie with Brief/Memorandum in Support. (Schulman, Cary) Modified on 9/11/2013 (skt).
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Filing 114
Memorandum Opinion and Order. The court determines that Plaintiff has nonsuited his Title VII claims for retaliation and hostile work environment and defers ruling on Defendant's #82 Motion for Summary Judgment. The court orders Plaintiff to respond to its directive as set forth in the preceding paragraph. In light of the fast-approaching trial date, Plaintiff shall file the required written response by 9/5/2013. Defendant may file a response by 9/10/2013. (Ordered by Judge Sam A Lindsay on 8/29/2013) (ykp)
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Filing 113
ORDER: Motion Hearing set for 9/11/2013 at 9:00 AM before Magistrate Judge Paul D Stickney re: #106 Fourth MOTION for Sanctions and #109 MOTION to Strike #106 Fourth MOTION for Sanctions . (Ordered by Magistrate Judge Paul D Stickney on 8/27/2013) (mcrd)
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Filing 112
ORDER OF REFERENCE Referring to Magistrate Judge Paul D Stickney re: #109 Motion to Strike Plaintiff's Fourth Motion for Sanctions and Request for Expedited Consideration. (Ordered by Judge Sam A Lindsay on 8/27/2013) (skt)
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Filing 111
MEMORANDUM OPINION AND ORDER denying #101 Opposed MOTION for Leave to 1) Authenticate Documents Submitted in Support of Response to Summary Judgment and 2) File Amended Response To Defendant's Motion for Summary Judgment and Supporting Brief. (Ordered by Judge Sam A Lindsay on 8/27/2013) (skt)
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Filing 110
REPLY filed by John Kerry re: #99 Response/Objection (Stoltz, Brian)
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Filing 109
MOTION to Strike #106 Fourth MOTION for Sanctions filed by John Kerry with Brief/Memorandum in Support. (Stoltz, Brian)
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Filing 108
Order Referring #106 Plaintiff's Fourth Motion for Sanctions to Magistrate Judge Paul D Stickney. (Ordered by Judge Sam A Lindsay on 8/14/2013) (axm)
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Filing 107
Appendix in Support filed by Richard Higbie re #106 Fourth MOTION for Sanctions (Attachments: #1 Additional Page(s)) (Schulman, Cary)
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Filing 106
Fourth MOTION for Sanctions filed by Richard Higbie with Brief/Memorandum in Support. (Schulman, Cary)
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Filing 105
Appendix in Support filed by John Kerry re #104 Response/Objection, (Stoltz, Brian)
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Filing 104
RESPONSE filed by John Kerry re: #101 Opposed MOTION for Leave to 1) Authenticate Documents Submitted in Support of Response to Summary Judgment and 2) File Amended Response To Defendant's Motion for Summary Judgment and Supporting Brief (Stoltz, Brian) Docket text modified on 8/13/2013 (twd).
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Filing 103
RESPONSE filed by Richard Higbie re: #99 Response/Objection (Schulman, Cary)
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Filing 102
Appendix in Support filed by Richard Higbie re #101 Opposed MOTION for Leave to 1) Authenticate Documents Submitted in Support of Response to Summary Judgment and 2) File Amended Response To Defendant's Motion for Summary Judgment and Supporting Brief (Schulman, Cary) Docket text modified on 8/13/2013 (twd).
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Filing 101
Opposed MOTION for Leave to 1) Authenticate Documents Submitted in Support of Response to Summary Judgment and 2) File Amended Response To Defendant's Motion for Summary Judgment and Supporting Brief filed by Richard Higbie with Brief/Memorandum in Support. (Schulman, Cary) Docket text modified on 8/13/2013 (twd).
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Filing 100
REPLY BRIEF filed by John Kerry re: #82 MOTION for Summary Judgment (Stoltz, Brian) Modified on 8/2/2013 (skt).
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Filing 99
OBJECTION filed by John Kerry re: #98 Sealed and/or Ex Parte Response/Objection, #93 Response/Objection,, (Stoltz, Brian)
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Filing 98
(Document Restricted) Sealed Sealed Portion of Plaintiff's Response to Defendant's #82 Motion for Summary Judgment & Brief in Support thereof filed by Richard Higbie. (cea) Modified on 7/24/2013 (skt).
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Filing 97
(Document Restricted) Sealed ORDER granting sealed and/or ex parte motion #96 Plaintiff's Unopposed MOTION for Leave to File Sealed Portion of Plaintiff's Response to Defendant's Motion for Summary Judgment. (Ordered by Judge Sam A Lindsay on 7/23/2013) (cea)
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Filing 96
(Document Restricted) Plaintiff's Unopposed MOTION for Leave to File Sealed Portion of Plaintiff's Response to Defendant's Motion for Summary Judgment (Sealed pursuant to motion to seal) filed by Richard Higbie (Attachments: #1 Exhibit 1, #2 Proposed Order) (Schulman, Cary) Modified on 7/23/2013 (skt).
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Filing 95
Designation of Experts by John Kerry. (Read-DOJ, Shane)
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Filing 93
RESPONSE filed by Richard Higbie re: #82 MOTION for Summary Judgment (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s), #21 Exhibit(s), #22 Exhibit(s), #23 Exhibit(s), #24 Exhibit(s), #25 Exhibit(s), #26 Exhibit(s), #27 Exhibit(s), #28 Exhibit(s)) (Schulman, Cary)
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Filing 92
ORDER granting Plaintiff's #91 Unopposed Second Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment. Plaintiff's deadline to file his response to Defendant's Motion for Summary Judgment is extended to 7/18/2013. No further extensions will be granted. (Ordered by Judge Sam A Lindsay on 7/12/2013) (tln)
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Filing 91
Second Unopposed MOTION for Extension of Time to File Response/Reply re: #82 MOTION for Summary Judgment filed by Richard Higbie (Attachments: #1 Proposed Order Proposed Order) (Schulman, Cary)
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Filing 90
Notice of Filing of Official Electronic Transcript of Motion Proceedings held on May 22, 2013 before Judge Paul Stickney. Court Reporter/Transcriber Betty Tate, Telephone number 972-596-9442. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (14 pages). Redaction Request due 8/1/2013. Redacted Transcript Deadline set for 8/12/2013. Release of Transcript Restriction set for 10/9/2013. (Tate, Betty)
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Filing 89
ORDER granting #87 Unopposed Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment. Responses due by 7/11/2013. (Ordered by Judge Sam A Lindsay on 7/9/2013) (tln)
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Filing 88
REPLY filed by John Kerry re: #79 MOTION to Exclude Improperly-Obtained Documents (Read-DOJ, Shane)
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Filing 87
Unopposed MOTION for Extension of Time to File Response/Reply re: #82 MOTION for Summary Judgment filed by Richard Higbie (Attachments: #1 Proposed Order) (Schulman, Cary)
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Filing 86
RESPONSE filed by Richard Higbie re: #79 MOTION to Exclude Improperly-Obtained Documents (Attachments: #1 Exhibit(s) Exhibit A) (Schulman, Cary)
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Filing 85
ORDER OF REFERENCE: Motion(s) referred to Magistrate Judge Paul D Stickney re: #79 MOTION to Exclude Improperly-Obtained Documents. (Ordered by Judge Sam A Lindsay on 6/17/2013) (cea)
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Filing 84
Appendix in Support filed by John Kerry re #82 MOTION for Summary Judgment (Stoltz, Brian)
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Filing 83
Brief/Memorandum in Support filed by John Kerry re #82 MOTION for Summary Judgment (Stoltz, Brian)
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Filing 82
MOTION for Summary Judgment filed by John Kerry (Stoltz, Brian)
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Filing 81
(Document Restricted) Sealed Corrected Appendix in Support re: #79 Motion to Exclude Improperly-Obtained Documents (Sealed pursuant to SO 19-1, statute, or rule) filed by John Kerry (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s)) (Read-DOJ, Shane) Modified text on 6/12/2013 (axm).
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Filing 80
(Document Restricted) Sealed Appendix in Support re: #79 Motion for Miscellaneous Relief (Sealed pursuant to SO 19-1, statute, or rule) filed by John Kerry (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s)) (Read-DOJ, Shane)
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Filing 79
MOTION to Exclude Improperly-Obtained Documents filed by John Kerry with Brief/Memorandum in Support. (Read-DOJ, Shane)
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Filing 78
ORDER granting #77 Unopposed Motion for Extension of Time to Designate Expert Witnesses. Accordingly, the deadline for Defendant to designate expert witnesses is extended to 7/19/2013. (Ordered by Judge Sam A Lindsay on 6/7/2013) (axm)
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Filing 77
Unopposed MOTION to Extend Time to Designate Expert Witnesses filed by John Kerry (Read-DOJ, Shane)
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Filing 76
MEMORANDUM ORDER granting #74 Emergency MOTION for Protective Order Regarding Plaintiff's Notice of Deposition. (see order) (Ordered by Magistrate Judge Paul D Stickney on 5/31/2013) (mcrd)
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Filing 75
ORDER OF REFERENCE Referring #74 Emergency MOTION for Protective Order to Magistrate Judge Paul D Stickney. (Ordered by Judge Sam A Lindsay on 5/31/2013) (tln)
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Filing 74
Emergency MOTION for Protective Order Regarding Plaintiff's Notice of Deposition filed by John Kerry with Brief/Memorandum in Support. (Read-DOJ, Shane)
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Filing 73
NOTICE of Attorney Appearance by Brian Walters Stoltz on behalf of John Kerry. (Filer confirms contact info in ECF is current.) (Stoltz, Brian)
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Filing 72
ORDER: In this employment discrimination and retaliation lawsuit, Plaintiff Richard Higbie has filed an emergency motion for leave to re-depose Tracy H. Mahaffey, Scott Bultrowicz, and Gregory Starr -- three senior ranking officials within the Department of State, Bureau of Diplomatic Security ("DS") -- before the June 3, 2013 discovery deadline. Judged against these standards and the arguments and evidence presented at the May 22hearing, the Court determines that the burden and expense of redeposing Mahaffey, Bultrowicz, and Starr outweighs the likely benefit of such discovery. Plaintiff has not shown a compelling need to redepose these witnesses. Accordingly, Plaintiff's Emergency Motion for Leave to Redepose Tracy H.Mahaffey, Scott Bultrowicz, and Gregory Starr (Doc. 55) is DENIED. (Ordered by Magistrate Judge Paul D Stickney on 5/23/2013) (mcrd)
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Filing 71
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Motion Hearing re: #55 Emergency MOTION for leave to Re-Depose Tracy H. Mahaffey, Scott Bultrowicz and Gregory Starr, Fourth Motion for Sanctions Attorney Appearances: Plaintiff - Cary Schulman, Damon Mathias; Defense - Shane Read. (Court Reporter: Digital File) (additional documents admitted-remain with court) Time in Court - :16. (mcrd)
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Filing 70
Joint STATUS REPORT filed by Richard Higbie, John Kerry. (Schulman, Cary)
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Filing 69
AGREED PROTECTIVE ORDER. (Ordered by Judge Sam A Lindsay on 5/13/2013) (ctf)
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Filing 68
ORDER. The District Court recently extended the deadline for completion of all discovery to June 3, 2013 and ordered that [a]ll motions to compel discovery or to impose sanctions against a party for failure to comply with another party's discovery request must be filed by June 10, 2013. In view of these circumstances, the Court denies without prejudice #43 Third Motion for Sanctions; denying #55 Emergency Motion for Leave to Re-Depose; denying #26 Motion to Determine the Sufficiency of Objections and Answers to Admissions and Second Motion for Sanctions. (see order) (Ordered by Magistrate Judge Paul D Stickney on 5/10/2013) (mcrd)
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Filing 67
ORDER: Counsel for Plaintiff and counsel for Defendant are ORDERED to meet face-to-face or confer by telephone on or before Friday, May 17, 2013 in an attempt to resolve whether Plaintiff should be permitted to re-depose Tracy H. Mahaffey, Scott Bultrowicz, and Gregory Starr. If the parties do not resolve their discovery dispute by agreement as a result of their conference, the Court shall hold a hearing on Plaintiff's motion on Wednesday, May 22, 2013 at 9:00 A.M. The parties shall submit a joint status report by Monday, May 20, 2013. (see order) (Ordered by Magistrate Judge Paul D Stickney on 5/10/2013) (mcrd)
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Filing 66
ORDER granting #45 Motion to Extend Time to Respond to Defendant's Discovery to Plaintiff. Plaintiff's responses to Defendant's First Set of Interrogatories to Plaintiff, Defendant's First Request for Production of Documents to Plaintiff, and Defendant's First Request for Admissions to Plaintiff made on or before April 3, 2013 will be deemed timely. (Ordered by Magistrate Judge Paul D Stickney on 5/10/2013) (mcrd)
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Filing 65
ORDER granting #51 Motion for Leave to Withdraw and Amend Deemed Admissions. Plaintiff may withdraw the deemed admissions and supplement such deemed admissions with the materials attached to his motion as Exhibit "A." (Ordered by Magistrate Judge Paul D Stickney on 5/10/2013) (mcrd)
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Filing 64
ORDER denying as moot #25 Motion to Compel Deposition of Tracy Mahaffey. (Ordered by Magistrate Judge Paul D Stickney on 5/10/2013) (mcrd)
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Filing 63
NOTICE of Nonopposition to Plaintiff's re: #51 MOTION for Leave to Withdraw and Amend Deemed Admissions filed by Hillary Rodham Clinton (Read-DOJ, Shane)
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Filing 62
Agreed MOTION for Protective Order filed by Hillary Rodham Clinton, Richard Higbie (Attachments: #1 Proposed Order Proposed Protective Order) (Read-DOJ, Shane)
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Filing 61
***VACATED PER #122 ORDER***FIRST AMENDED SCHEDULING ORDER GRANTING MOTION FOR SPECIAL TRIAL SETTING. Before the court is the Unopposed Motion for Special Trial Setting, filed 4/26/2013. The court determines that the motion should be, and is hereby, granted. Accordingly, the court vacates the Scheduling Order (Doc. #18 ) issued 10/31/2012; denies as moot the Unopposed Motion for Extension of Time to Designate Expert Witnesses (Doc. #53 ); and issues this first amended scheduling order. This case is specially set for trial on 10/1/2013 before Judge Sam A Lindsay. Motions due by 6/17/2013. Discovery due by 6/3/2013. Pretrial Materials due by 9/3/2013. Pretrial Order due by 9/3/2013. Pretrial Conference set for 9/26/2013 at 09:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 5/3/2013) (ctf) Modified on 9/12/2013 (skt).
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Filing 60
ORDER REGARDING DISCOVERY DISPUTES: The court notices that numerous motions regarding discovery disputes have been filed in this case, and the court is growing weary of the numerous filings. This must stop! Further, if this problem is not corrected, the court will require the parties to seek leave of court before any discovery motion is filed. Further, no party is to bury or file a motion in a response or a reply. To avoid confusion, the parties must file any motion as a separate document. (Ordered by Judge Sam A Lindsay on 5/3/2013) (ctf)
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Filing 59
ORDER OF REFERENCE. Plantiff's #55 Emergency Motion for leave to Re-Depose Tracy H. Mahaffey, Scott Bultrowicz and Gregory Starr, Fourth Motion for Sanctions, is hereby referred to United States Magistrate Judge Paul D. Stickney. (Ordered by Judge Sam A Lindsay on 5/3/2013) (ctf)
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Filing 58
ORDER OF REFERENCE. Plaintiff's #51 Motion for Leave to Withdraw and Amend Deemed Admissions, is hereby referred to United States Magistrate Judge Paul D. Stickney. (Ordered by Judge Sam A Lindsay on 5/3/2013) (ctf)
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Filing 57
ORDER OF REFERENCE. The #45 Unopposed Motion for Extension of Time to Respond to Defendant's Discovery to Plaintiff, is hereby referred to United States Magistrate Judge Paul D. Stickney. (Ordered by Judge Sam A Lindsay on 5/3/2013) (ctf)
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Filing 56
ORDER OF REFERENCE. Plaintiff's #43 Third MOTION for Sanctions is hereby referred to United States Magistrate Judge Paul D. Stickney. (Ordered by Judge Sam A Lindsay on 5/3/2013) (ctf)
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Filing 55
Emergency MOTION for leave to Re-Depose Tracy H. Mahaffey, Scott Bultrowicz and Gregory Starr, Fourth Motion for Sanctions filed by Richard Higbie with Brief/Memorandum in Support. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Schulman, Cary) Modified text on 5/2/2013 (axm).
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Filing 54
Unopposed MOTION for Special Trial Setting filed by Hillary Rodham Clinton with Brief/Memorandum in Support. (Read-DOJ, Shane)
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Filing 53
Unopposed MOTION to Extend Time to Designate Expert Witnesses filed by Hillary Rodham Clinton (Read-DOJ, Shane)
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Filing 52
ORDER granting #47 Unopposed Motion for Extension of Time to Designate Expert Witnesses for Both Parties. (Ordered by Judge Sam A Lindsay on 4/22/2013) (twd)
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Filing 51
MOTION for Leave to Withdraw and Amend Deemed Admissions filed by Richard Higbie with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Schulman, Cary)
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Filing 50
REPLY filed by Richard Higbie re: #43 Third MOTION for Sanctions (Attachments: #1 Exhibit(s) Exhibit 1) (Schulman, Cary)
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Filing 49
RESPONSE filed by Hillary Rodham Clinton re: #43 Third MOTION for Sanctions (Read-DOJ, Shane)
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Filing 48
SECOND AMENDED ANSWER to #35 Amended Complaint filed by Hillary Rodham Clinton. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Read-DOJ, Shane) Modified on 3/7/2013 (skt).
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Filing 47
Unopposed MOTION to Extend Time to Designate Expert Witnesses for Both Parties filed by Richard Higbie (Attachments: #1 Proposed Order) (Schulman, Cary)
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Filing 46
Designation of Experts by Richard Higbie. (Schulman, Cary)
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Filing 45
MOTION to Extend Time to Respond to Defendant's Discovery to Plaintiff filed by Richard Higbie with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Schulman, Cary)
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Filing 44
Supplemental Document by Richard Higbie as to #43 Third MOTION for Sanctions . (Schulman, Cary)
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Filing 43
Third MOTION for Sanctions filed by Richard Higbie with Brief/Memorandum in Support. (Attachments: #1 Exhibit 1) (Schulman, Cary)
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Filing 42
ORDER granting #40 Emergency Motion for Protective Order to Quash Plaintiff's Notice of Deposition to Defendant for Unknown Employee. The deposition notice is hereby quashed. No deposition of this unknown employee shall take place until further order of the court, or unless the parties agree to the person's deposition. (Ordered by Judge Sam A Lindsay on 2/22/2013) (axm)
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Filing 41
RESPONSE filed by Richard Higbie re: #40 Emergency MOTION for Protective Order to Quash Plaintiff's Notice of Deposition to Defendant for Unknown Employee . (Attachments: #1 Exhibit 1) (Schulman, Cary)
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Filing 40
Emergency MOTION for Protective Order to Quash Plaintiff's Notice of Deposition to Defendant for Unknown Employee filed by Hillary Rodham Clinton with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1) (Read-DOJ, Shane) Modified text on 2/20/2013 (axm).
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Filing 39
REPLY filed by Richard Higbie re: #26 MOTION to Determine the Sufficiency of Objections and Answers to AdmissionSecond MOTION for Sanctions (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4) (Schulman, Cary)
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Filing 38
RESPONSE filed by Hillary Rodham Clinton re: #26 MOTION to Determine the Sufficiency of Objections and Answers to AdmissionSecond MOTION for Sanctions (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Read-DOJ, Shane)
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Amended Answer. Hillary Rodham Clinton answer due 3/8/2013. (Ordered by Judge Sam A Lindsay on 2/13/2013) (cea)
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Filing 36
Unopposed Motion for Extension of Time to File Answer to Ameded Complaint filed by Hillary Rodham Clinton (Attachments: #1 Proposed Order) (Read-DOJ, Shane)
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Filing 35
AMENDED COMPLAINT WITH JURY DEMAND against Hillary Rodham Clinton filed by Richard Higbie. (Schulman, Cary)
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Filing 34
REPLY filed by Richard Higbie re: #25 MOTION to Compel Deposition of Tracy Mahaffey (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Cover Sheet Transmittal Letter) (Schulman, Cary)
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Filing 33
ORDER granting #28 Plaintiff's Opposed Motion for Leave to File Second Amended Complaint. Accordingly, Plaintiff shall file his Second Amended Complaint within three business days of this order. (Ordered by Judge Sam A Lindsay on 2/5/2013) (axm)
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Filing 32
Order Referring #21 Opposed Motion to Enter Protective Order, #23 Response to Plaintiff's Motion for Protection and Defendant's Motion for Protection, #25 Motion to Compel Deposition of Tracy H. Mahaffey, #26 Plaintiff's Motion to Determine the Sufficiency of Objections and Answers to Admissions and Second Motion for Sanctions to Magistrate Judge Paul D Stickney. (Ordered by Judge Sam A Lindsay on 2/5/2013) (axm)
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Filing 31
ORDER granting #29 Unopposed Motion to Transfer Venue. The court directs the clerk of court to sever Plaintiff's breach of contract claims from this action, assign them a new case number, and transfer the new action to the Court of Federal Claims. (Ordered by Judge Sam A Lindsay on 2/5/2013) (Civil case 3:13-cv-607-L opened). (axm) Modified on 2/6/2013 (axm).
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Filing 30
RESPONSE filed by Hillary Rodham Clinton re: #25 MOTION to Compel Deposition of Tracy Mahaffey (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Read-DOJ, Shane)
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Filing 29
MOTION to Transfer Case out of District/Division filed by Richard Higbie (Attachments: #1 Proposed Order) (Schulman, Cary)
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Filing 28
MOTION for Leave to File Second Amended Complaint filed by Richard Higbie (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit(s) Exhibit A) (Schulman, Cary)
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Filing 27
Joint STATUS REPORT on Settlement filed by Hillary Rodham Clinton, Richard Higbie. (Read-DOJ, Shane)
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Filing 26
MOTION to Determine the Sufficiency of Objections and Answers to Admission and Second Motion for Sanctions filed by Richard Higbie with Brief/Memorandum in Support. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9A, #10 Exhibit 9B, #11 Exhibit 9C, #12 Exhibit 10A, #13 Exhibit 10B, #14 Exhibit 11, #15 Exhibit 12, #16 Proposed Order) (Schulman, Cary). Added Second MOTION for Sanctions on 1/29/2013 (axm).
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Filing 25
MOTION to Compel Deposition of Tracy Mahaffey filed by Richard Higbie with Brief/Memorandum in Support. (Attachments: #1 Proposed Order, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G) (Schulman, Cary)
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Filing 24
REPLY filed by Richard Higbie re: #23 MOTION for Protective Order and Response to Plaintiff's Motion for Protection (Schulman, Cary)
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Filing 23
MOTION for Protective Order and Response to Plaintiff's Motion for Protection filed by Hillary Rodham Clinton with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Protective Order) (Read-DOJ, Shane)
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Filing 22
ORDER OF REFERENCE #21 Motion for Protective Order filed by Richard Higbie. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sam A Lindsay on 12/14/2012) (cea)
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Filing 21
Opposed MOTION for Protective Order filed by Richard Higbie with Brief/Memorandum in Support. (Attachments: #1 A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G) (Schulman, Cary)
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Filing 20
NOTICE of Reporter's Certification of Deposition of Jason Banks 9/24/2012 filed by Richard Higbie. (ykp)
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Filing 19
MEDIATION ORDER. The parties are to select or designate a mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 6/10/2013. (Ordered by Judge Sam A Lindsay on 10/31/2012) (ctf)
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Filing 18
***VACATED PER #61 ORDER*** SCHEDULING ORDER: This case is set for trial on this court's four-week docket beginning 10/7/2013 before Judge Sam A Lindsay. Joinder of Parties due by 1/29/2013. Amended Pleadings due by 1/29/2013. Motions due by 6/17/2013. Discovery due by 6/3/2013. Pretrial Materials due by 9/9/2013. Pretrial Order due by 9/9/2013. Status Report due by 1/29/2013. Pretrial Conference set for 10/4/2013 at 11:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 10/31/2012) (ctf) Modified on 5/3/2013 (ctf).
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Filing 17
ORDER granting #16 Motion for Extension of Time to Respond to Plaintiff's Discovery to 12/10/2012. (Ordered by Judge Sam A Lindsay on 10/31/2012) (ctf)
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Filing 16
MOTION to Extend Time to Respond to Plaintiff's Discovery filed by Hillary Rodham Clinton with Brief/Memorandum in Support. (Read-DOJ, Shane)
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Filing 15
Proposal for contents of scheduling and discovery order by Hillary Rodham Clinton, Richard Higbie. (Attachments: #1 Exhibit(s) 1) (Read-DOJ, Shane)
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Filing 14
AMENDED ANSWER to #10 Amended Complaint filed by Hillary Rodham Clinton (Read-DOJ, Shane)
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Filing 13
***DISREGARD PER ATTORNEY*** AMENDED ANSWER to #10 Amended Complaint filed by Hillary Rodham Clinton (Read-DOJ, Shane) Modified on 7/23/2012 (ctf).
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Filing 12
ORDER granting #11 Unopposed Motion for Extension of Time to Respond: The deadline for Defendant to file a response to #10 Amended Complaint is 7/23/2012. (Ordered by Judge Sam A Lindsay on 7/10/2012) (twd)
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Filing 11
Unopposed MOTION for Extension of Time to Respond re: #10 Amended Complaint filed by Hillary Rodham Clinton (Read-DOJ, Shane)
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Filing 10
AMENDED COMPLAINT WITH JURY DEMAND against Hillary Rodham Clinton filed by Richard Higbie. (Schulman, Cary)
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Filing 9
Memorandum Opinion and Order Denying #7 Motion to Dismiss filed by Hillary Rodham Clinton. (Ordered by Judge Sam A Lindsay on 6/20/2012) (cea)
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Filing 8
RESPONSE filed by Richard Higbie re: #7 MOTION to Dismiss (Partial) (Schulman, Cary)
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Filing 7
MOTION to Dismiss (Partial) filed by Hillary Rodham Clinton with Brief/Memorandum in Support. (Read-DOJ, Shane)
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Filing 6
ANSWER to #1 Complaint,,, filed by Hillary Rodham Clinton. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Read-DOJ, Shane)
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Filing 5
Summons issued as to Hillary Rodham Clinton, U.S. Attorney, and U.S. Attorney General. (axm)
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Filing 4
New Case Notes: A filing fee has been paid. Magistrate Judge Stickney preliminarily assigned. File to Judge Lindsay. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (axm)
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard P Higbie. (Schulman, Cary)
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Filing 2
ADDITIONAL ATTACHMENTS Civil Cover Sheet to #1 Complaint by Plaintiff Richard P Higbie. (Schulman, Cary) Modified on 10/6/2011 (axm).
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Filing 1
COMPLAINT WITH JURY DEMAND against Hillary Rodham Clinton filed by Richard P Higbie. Clerk to issue summonses for federal and non-federal defendants. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-4161413) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Schulman, Cary)
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