Nguyen v. AT&T
| Andrew Nguyen |
| AT&T |
| 3:2021cv00913 |
| April 20, 2021 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Civil Rights: Employment |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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| Record on Appeal for USCA5 23-10277 (related to #30 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, Sealed or ex parte electronic document number(s): 31,33 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (mcrd) |
| Filing 35 Costs Taxed in amount of $ 2523.27 against Andrew Nguyen (ykp) |
| USCA Case Number 23-10277 in USCA5 for #32 Notice of Appeal, and #30 Notice of Appeal filed by Andrew Nguyen. (svc) |
Filing 34
ORDER granting #31 Motion for Leave to Proceed In Forma Pauperis; denying #33 Motion to Appoint Counsel. The Clerk of Court is ORDERED to SEAL Plaintiff's Motion to Proceed In Forma Pauperis and Plaintiff's Motion for Appointment of Counsel. (Ordered by Senior Judge Sam R Cummings on 3/22/2023) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Wed Mar 22 12:17:00 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Wed Mar 22 16:29:02 CDT 2023 (crt) |
| Filing 33 MOTION to Appoint Counsel filed by Andrew Nguyen. (axm) Modified on 3/22/2023 (ykp). |
| Filing 32 NOTICE OF APPEAL and Request for a Fair Hearing to the Fifth Circuit by Andrew Nguyen. 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. (axm) |
| Filing 31 MOTION for Leave to Proceed in forma pauperis on appeal re #30 Notice of Appeal, filed by Andrew Nguyen. (axm) |
| Filing 30 NOTICE OF APPEAL to the Fifth Circuit by Andrew Nguyen. 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. (mms) |
| Filing 29 BILL OF COSTS by AT&T. (Rector, Jonathan) |
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Filing 28
ORDER denying #27 Motion for Reconsideration filed by Andrew Nguyen. (Ordered by Senior Judge Sam R Cummings on 3/7/2023) (ndt)
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| Filing 27 MOTION to Overturn filed by Andrew Nguyen. re #10 Judgment (acm) |
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Filing 26
JUDGMENT: It is ORDERED that Plaintiff's claims against Defendant Southwestern Bell Telephone Company, improperly named as AT&T, in the above-styled and -numbered civil action are hereby DISMISSED WITH PREJUDICE. (Ordered by Senior Judge Sam R Cummings on 2/27/2023) (sxf)
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Filing 25
ORDER granting #16 Motion for Summary Judgment. Plaintiff's claim of racial discrimination and retaliation resulting in suspension from employment and thetermination of his employment are DISMISSED. (Ordered by Senior Judge Sam R Cummings on 2/27/2023) (sxf)
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| Filing 24 NOTICE of Designation Of Lead Counsel filed by Andrew Nguyen (Sprovach, Ellen) |
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Filing 23
ORDER GRANTING DEFENDANT'S #22 OPPOSED MOTION FOR A CONTINUANCE PENDING RESOLUTION OF DEFENDANT'S SUMMARY JUDGMENT MOTION: IT IS HEREBY ORDERED that the trial term is continued and the remaining pretrial deadlines are extended by at least sixty (60) day pending the resolution of Defendant's Summary Judgment Motion. (Ordered by Senior Judge Sam R Cummings on 9/19/2022) (ygl)
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| Filing 22 MOTION to Continue Pending Resolution of Defendants Summary Judgment Motion filed by AT&T (Attachments: #1 Proposed Order) (Rector, Jonathan) |
| Filing 21 REPLY filed by AT&T re: #16 MOTION for Summary Judgment (Rector, Jonathan) |
| Filing 20 Appendix in Support filed by Andrew Nguyen re #19 Response/Objection (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)) (Kennard, Alfonso) |
| Filing 19 RESPONSE filed by Andrew Nguyen re: #16 MOTION for Summary Judgment (Attachments: #1 Proposed Order) (Kennard, Alfonso) |
| Filing 18 Appendix in Support filed by AT&T re #17 Brief/Memorandum in Support of Motion, #16 MOTION for Summary Judgment (Rector, Jonathan) |
| Filing 17 Brief/Memorandum in Support filed by AT&T re #16 MOTION for Summary Judgment (Rector, Jonathan) |
| Filing 16 MOTION for Summary Judgment filed by AT&T with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Rector, Jonathan) |
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Filing 15
PROTECTIVE ORDER. (Ordered by Senior Judge Sam R Cummings on 3/14/2022) (mjr)
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| Filing 14 Unopposed MOTION for Protective Order filed by AT&T (Attachments: #1 Proposed Order Exhibit "A") (Rector, Jonathan) |
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Filing 13
SCHEDULING ORDER: Joinder of Parties due by 11/15/2021. Amended Pleadings due by 11/15/2021. Motions due by 7/15/2022. Discovery due by 10/17/2022. Jury Trial set for 11/7/2022 09:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 7/26/2021) (ygl)
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| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AT&T. (Rector, Jonathan) |
| Filing 11 ANSWER to #3 Amended Complaint filed by AT&T. 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. (Rector, Jonathan) |
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Filing 10
ORDER granting #9 Motion for Extension of Time to File Answer. AT&T answer due 7/20/2021. (Ordered by Senior Judge Sam R Cummings on 7/1/2021) (ndt)
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| Filing 9 Unopposed Motion for Extension of Time to File Answer filed by AT&T (Attachments: #1 Proposed Order) (Rector, Jonathan) |
| Filing 8 NOTICE of Attorney Appearance by Jonathan Gary Rector on behalf of AT&T. (Filer confirms contact info in ECF is current.) (Rector, Jonathan) |
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Filing 7
ORDER granting #6 Application for Admission Pro Hac Vice of Wyatt Holtsclaw. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 6/16/2021) (ykp)
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| Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11976482) filed by Andrew Nguyen (Attachments: #1 Certificate of Good Standing) (Kennard, Alfonso) |
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Filing 5
ORDER: It appears from the records of the Court that WYATT HOLTSCLAW, counsel for plaintiff Andrew Nguyen, is not admitted to practice before the United States District Court for the Northern District of Texas. IT IS, THEREFORE, ORDERED that WYATT HOLTSCLAW shall have 2l days to file an application for admission pro hac vice or, if he applies for full admission, to file a notice advising the Court that the application has been approved and the oath given. (Ordered by Senior Judge Sam R Cummings on 5/25/2021) (axm)
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| Filing 4 WAIVER OF SERVICE Returned Executed as to AT&T . Waiver sent on 5/7/2021. (Kennard, Alfonso) Modified text on 5/21/2021 (mjr). |
| Filing 3 AMENDED COMPLAINT WITH JURY DEMAND against AT&T filed by Andrew Nguyen. 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. (Attachments: #1 Cover Sheet) (Kennard, Alfonso) |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (axm) |
| Filing 1 COMPLAINT WITH JURY DEMAND against AT&T filed by Andrew Nguyen. (Filing fee $402; Receipt number 0539-11817871) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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. 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. (Kennard, Alfonso) |
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| Defendant: AT&T | |
| Represented By: | Jonathan Gary Rector |
| Represented By: | Zoe Papathanasiou Grisz |
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| Plaintiff: Andrew Nguyen | |
| Represented By: | Alfonso Kennard |
| Represented By: | Wyatt Holtsclaw |
| Represented By: | Wyatt James Holtsclaw |
| Represented By: | Ellen Sprovach |
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