Rockett v. Army & Air Force Exchange Service
| Beverly J Rockett |
| Army and Air Force Exchange Service |
| ADR Provider |
| 3:2020cv01502 |
| June 9, 2020 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Renee Harris Toliver |
| Civil Rights: Employment |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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| Filing 62 JUDGMENT of USCA as to #43 , #44 , #45 Notice of Appeal filed by Beverly J Rockett filed by Beverly J Rockett. The appeal is DISMISSED for want of jurisdiction. All pending motions are DENIED. Issued as Mandate: 10/4/2021. (ajb) |
| Filing 61 RESPONSE filed by Army and Air Force Exchange Service re: #57 Second MOTION to Appoint Counsel. (Mahaffey-DOJ, Clayton) Modified text on 9/7/2021 (mjr). |
| Filing 60 RESPONSE filed by Beverly J Rockett re: #37 MOTION for Summary Judgment. (mla) |
| Filing 59 REPLY filed by Army and Air Force Exchange Service re: #37 MOTION for Summary Judgment (Mahaffey-DOJ, Clayton) |
| Filing 58 MOTION for Leave to Proceed in forma pauperis filed by Beverly J Rockett. (jmg) |
| Filing 57 Second Amended MOTION to Appoint Counsel filed by Beverly J Rockett. (Attachments: #1 Additional Page(s), #2 Additional Page(s)) (jmg) |
Filing 56
ORDER of USCA as to #43 , #44 , #45 Notice of Appeal filed by Beverly J Rockett. The appeal is DISMISSED for want of jurisdiction. All pending motions are DENIED. (ajb)
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| Filing 55 Notice of Manual Filing of Exhibit by Beverly J Rockett re: #53 Appendix in Support. (Filed under separate cover see records department) (mjr) |
| Filing 54 ADDITIONAL ATTACHMENTS to #53 Appendix in Support (Exhibits 3-33) by Plaintiff Beverly J Rockett. (Attachments: #1 Exhibits 4-6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9) (mjr) (Additional attachment(s) added on 8/5/2021: #5 Exhibits 10-33) (mjr). |
| Filing 53 Appendix in Support filed by Beverly J Rockett re: #52 Response/Objection. (Attachments: #1 Exhibit 1) (mjr) (Additional attachment(s) added on 8/5/2021: #2 Additional Page(s) Exhibit 2, #3 Additional Page(s) Exhibit 2.1) (mjr). |
| Filing 52 RESPONSE filed by Beverly J Rockett re: #37 MOTION for Summary Judgment. (mjr) |
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Filing 51
ELECTRONIC ORDER: Upon review, Plaintiff's Motion for a One Day Extension of Time for Pro Se Plaintiff's Response to Defendants' Motion for Summary Judgment, Doc. #50 , is GRANTED. Plaintiff's response is due August 4, 2021. (Ordered by Magistrate Judge Renee Harris Toliver on 8/3/2021) (chmb)
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| Filing 50 MOTION for Extension of Time to File Response/Reply to #37 MOTION for Summary Judgment filed by Beverly J Rockett. (mla) |
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Filing 49
ORDER denying without prejudice #34 Amended Motion for the Appointment of Counsel. (Ordered by Magistrate Judge Renee Harris Toliver on 7/28/2021) (ygl)
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Filing 48
ELECTRONIC ORDER: Upon review, Plaintiff's Motion to Extend Time for Pro Se Plaintiff's Response to Defendant's Motion for Summary Judgment, Doc. #47 , is GRANTED. Plaintiff's response is due July 30, 2021. (Ordered by Magistrate Judge Renee Harris Toliver on 7/19/2021) (chmb)
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| Filing 47 MOTION for Extension of Time to File Response/Reply to #37 Motion for Summary Judgment filed by Beverly J Rockett with Brief/Memorandum in Support. (ygl) |
| Filing 46 RESPONSE filed by Army and Air Force Exchange Service re: #34 MOTION to Appoint Counsel (Mahaffey-DOJ, Clayton) |
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Filing 42
ELECTRONIC ORDER: Before the Court is Plaintiff's Request for Continuance, Doc. #41 . Plaintiff seeks a 90-day continuance to allow her time to obtain counsel. See Doc. #41 at 1. However, because Plaintiff does not specify any deadline/setting to be continued, she has not established entitlement to relief. Thus, the motion is DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 7/7/2021) (chmb)
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| Filing 45 NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit by Beverly J Rockett. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (jmg) |
| Filing 44 NOTICE OF INTERLOCUTORY APPEAL as to #28 Order on Motion for Reconsideration to the Fifth Circuit by Beverly J Rockett. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (jmg) |
| Filing 43 NOTICE OF INTERLOCUTORY APPEAL as to 30 Order on Motion to Continue, to the Fifth Circuit by Beverly J Rockett. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (jmg) |
| Filing 41 Request for Continuance to File Response/Reply to #37 MOTION for Summary Judgment filed by Beverly J Rockett. (mjr) |
| Filing 40 Joint Mediation Report filed by Beverly J Rockett. (jmg) |
| Filing 39 Appendix in Support filed by Army and Air Force Exchange Service re #37 MOTION for Summary Judgment (Mahaffey-DOJ, Clayton) |
| Filing 38 Brief/Memorandum in Support filed by Army and Air Force Exchange Service re #37 MOTION for Summary Judgment (Mahaffey-DOJ, Clayton) |
| Filing 37 MOTION for Summary Judgment filed by Army and Air Force Exchange Service (Mahaffey-DOJ, Clayton) |
| Filing 36 STATUS REPORT Regarding Mediation filed by Army and Air Force Exchange Service. (Mahaffey-DOJ, Clayton) |
| Filing 33 Alternative Dispute Resolution Summary filed by Paul Stickney. Attorneys in Attendance: Clay Mahaffey. Prv Fee: $ $2,500.00. Outcome of ADR: Parties were unable to reach a settlement. (Stickney, Paul) |
| Filing 34 AMENDED MOTION to Appoint Counsel filed by Beverly J Rockett. (ygl) Modified filed date on 6/24/2021 (ygl). |
| Filing 35 Declaration in Support of Request for the Court to Appoint Counsel filed by Beverly J Rockett re #34 Amended Motion to Appoint Counsel. (ygl) Modified file date on 6/28/2021 (ygl). |
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Filing 32
ELECTRONIC ORDER: Before the Court is Defendant's Motion to Continue Mediation Deadline, Doc. #31 . Upon review, the motion is GRANTED IN PART. The deadlines for mediation and to file a joint status report are now June 28, 2021. (Ordered by Magistrate Judge Renee Harris Toliver on 6/11/2021) (chmb)
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| Filing 31 MOTION to Extend Time Modify Mediation Deadline filed by Army and Air Force Exchange Service (Mahaffey-DOJ, Clayton) |
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Filing 30
ELECTRONIC ORDER: Before the Court is Plaintiff's Motion for Continuance, Doc. #29 . Plaintiff seeks a 120-day continuance to further her search for legal representation. See Doc. #29 at 1. However, because Plaintiff does not specify any deadline/setting to be continued, she has not established entitlement to relief. Thus, the motion is DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 5/26/2021) (chmb)
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| Filing 29 MOTION to Continue filed by Beverly J Rockett. (oyh) |
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Filing 28
ORDER denying Plaintiff's #26 Response and Reconsideration Request to Magistrate Judge Order. (Ordered by Magistrate Judge Renee Harris Toliver on 5/4/2021) (twd)
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| Filing 27 RESPONSE filed by Army and Air Force Exchange Service re: #26 MOTION for Reconsideration. (Mahaffey-DOJ, Clayton) Modified text on 3/16/2021 (hml). |
| Filing 26 RESPONSE and Request for Reconsideration re #25 Order on Motion to Appoint Counsel filed by Beverly J Rockett. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (axm) |
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Filing 25
ORDER: Because Plaintiff has not shown circumstances warranting the appointment of counsel. Plaintiff's #20 Motion for the Appointment of Counsel, is DENIED WITHOUT PREJUDICE. (Ordered by Magistrate Judge Renee Harris Toliver on 1/29/2021) (twd)
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| Filing 24 Response filed by Beverly J Rockett re: #20 MOTION to Appoint Counsel. (chmb) |
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Filing 23
SCHEDULING ORDER: Joinder of Parties due by 1/15/2021. Amended Pleadings due by 1/15/2021. Discovery due by 5/31/2021. Deadline for mediation is on or before 6/14/2021. Status Report due by 6/21/2021. Motions due by 6/28/2021. (Ordered by Magistrate Judge Renee Harris Toliver on 11/13/2020) (ykp)
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| Filing 22 RESPONSE filed by Army and Air Force Exchange Service re: #20 MOTION to Appoint Counsel (Mahaffey-DOJ, Clayton) |
| Filing 21 Proposal for contents of scheduling and discovery order by Army and Air Force Exchange Service. (Mahaffey-DOJ, Clayton) |
| Filing 20 MOTION to Appoint Counsel filed by Beverly J Rockett. (oyh) |
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Filing 19
NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE. (Ordered by Magistrate Judge Renee Harris Toliver on 10/2/2020) (mcrd)
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Filing 18
STANDING ORDER ON NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge Renee Harris Toliver on 10/2/2020) (mcrd)
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Filing 17
STANDARD PROPOSED SCHEDULING ORDER: Counsel and any unrepresented party must submit a Joint Scheduling Proposal that contains the matters set forth in paragraph IV. The Joint Scheduling Proposal is due within 30 days of the date of this order. (Ordered by Magistrate Judge Renee Harris Toliver on 10/2/2020) (mcrd)
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| Filing 16 SUMMONS Returned Executed as to Attorney General; served on 8/27/2020. (mjr) |
| Filing 15 SUMMONS Returned Executed as to U.S. Attorney; served on 8/24/2020. (mjr) |
| Filing 14 SUMMONS Returned Executed as to Army & Air Force Exchange Service; served on 8/18/2020. (mjr) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Army and Air Force Exchange Service. (Mahaffey-DOJ, Clayton) |
| Filing 12 ANSWER to #7 Amended Complaint filed by Army and Air Force Exchange Service. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Mahaffey-DOJ, Clayton) |
| Filing 11 NOTICE of Attorney Appearance by Clayton Ray Mahaffey-DOJ on behalf of Army and Air Force Exchange Service. (Filer confirms contact info in ECF is current.) (Mahaffey-DOJ, Clayton) |
| Filing 10 SUMMONS Returned Executed as to U.S. Attorney; served on 6/22/2020. (jmg) |
| Filing 9 SUMMONS Returned Executed as to Attorney General; served on 6/22/2020. (jmg) |
| Filing 8 SUMMONS Returned Executed as to Army and Air Force Exchange Service; served on 6/18/2020. (jmg) |
| Filing 7 FIRST AMENDED COMPLAINT WITH JURY DEMAND against Army and Air Force Exchange Service filed by Beverly J Rockett. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mjr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Jun 11 12:05:08 CDT 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Thu Jun 11 10:30:34 CDT 2020 (crt) |
| Filing 6 Summons issued as to Army and Air Force Exchange Service, U.S. Attorney, and U.S. Attorney General. (mjr) |
| Filing 5 Request for Clerk to issue Summons in a civil action filed by Beverly J Rockett. (mjr) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS by Beverly J Rockett. (mjr) |
| Filing 3 COMPLAINT WITH JURY DEMAND against Army and Air Force Exchange Service filed by Beverly J Rockett. (Filing fee $400.00; Receipt number DS124588) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mjr) Modified text on 6/10/2020 (mjr). |
| Filing 2 Notice and Instruction to Pro Se Party. (mjr) |
| Filing 1 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (mjr) |
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