Association of Club Executives of Dallas Inc et al v. City of Dallas Texas
| Association of Club Executives of Dallas Inc, Nick's Maintstage Inc Dallas PT's doing business as PT's Mens Club, Fine Dining Club Inc a Texas Corporation doing business as Silver City, TMCD Corporation a Texas Corporation doing business as The Men's Club of Dallas, 11000 Reeder LLC a Texas Limited Liability Company doing business as Bucks Wild, AVM-AUS, Ltd a Texas limited partnership doing business as New Fine Arts Shiloh, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC and Elevated Hospitality Services, LLC |
| City of Dallas Texas |
| 3:2025cv01512 |
| June 12, 2025 |
| U.S. District Court for the Northern District of Texas |
| David C Godbey |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Stay Lifted per chambers. (rekc) |
| Filing 54 NOTICE of Fifth Circuit Order re: #52 Order Staying Case,, filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation (Attachments: #1 Order) (Murray, J) |
| Filing 53 NOTICE of Fifth Circuit Decision re: #52 Order Staying Case,, filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation (Attachments: #1 Fifth Circuit WL 1923013) (Murray, J) |
Filing 52
ORDER: On June 12, 2025, this Court severed Plaintiffs' claim relating to the age of Plaintiffs' employees from Plaintiffs' other claims.1 See Order 12 #50 . Now, in line withthe stay placed in the related case, the Court stays Plaintiffs' age-restriction claim pending the outcome of the appeal in Texas Enterprises Ass'n v. Paxton, 732 F. Supp. 3d 684 (W.D. Tex. 2024), appeal docketed sub nom. Association of Club Executives of Texas, Inc. v.Paxton, No. 24-50434 (5th Cir. June 3, 2024). (Ordered by Chief District Judge David C Godbey on 6/17/2025) (ndt)
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| Filing 51 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) Modified document number on 6/13/2025 (axm). |
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Filing 50
ORDER to Server: Plaintiffs' claim against the City relating to the age of Plaintiffs' employees is SEVERED from Plaintiffs' other claims. IT IS FURTHER ORDERED that the Clerk of Court ISSUE a separate cause number for Plaintiffs' claim against the City relating to the age of Plaintiffs' employees and assign that case to a different Court. The Clerk of Court is ordered to include all docket entries from the filing of the Second Amended Complaint and thereafter. (Civil case 3:25-cv-1512-N opened) (Ordered by Senior Judge Barbara M. G. Lynn on 6/12/2025) (axm) (Originally filed as document #139 in case 3:22-CV-177)
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| Filing 49 ELECTRONIC Minute Entry for proceedings held before Senior Judge Barbara M. G. Lynn: On April 28, 2025, the Court held a hearing on Plaintiffs' Partial Motion for Summary Judgment 113, and Defendant's Motion for Summary Judgment 116. The Court took the matter under advisement. Appearances: Plaintiffs - J. Michael Murray, Roger Albright; Defendants - Elizabeth Chandler, Stacy Rodriguez, Scott D. Bergthold. (Court Reporter: Debbie Kriegshauser). Time in Court - 1:32. (chmb) (Originally filed as document #138 in case 3:22-CV-177) |
| Filing 48 REPLY filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation re: #44 MOTION for Leave to File the Opposed Attached Corrective and Supplemental Report of Dr. Anna Vaynman to Include in Appendix to Brief in Opposition to Citys Motion for Summary Judgment (Murray, J) (Originally filed as document #137 in case 3:22-CV-177) |
| Filing 47 Appendix in Support filed by City of Dallas Texas re #45 Response/Objection, (Rodriguez, Stacy) (Originally filed as document #136 in case 3:22-CV-177) |
| Filing 46 RESPONSE filed by City of Dallas Texas re: 444 MOTION for Leave to File the Opposed Attached Corrective and Supplemental Report of Dr. Anna Vaynman to Include in Appendix to Brief in Opposition to Citys Motion for Summary Judgment (Rodriguez, Stacy) (Originally filed as document #135 in case 3:22-CV-177) |
| Filing 45 MOTION for Leave to File the Opposed Attached Corrective and Supplemental Report of Dr. Anna Vaynman to Include in Appendix to Brief in Opposition to Citys Motion for Summary Judgment filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Corrective and Supplemental Report - Dr. Anna Vaynman - March 31, 2025, #2 Proposed Order) (Murray, J) (Originally filed as document #134 in case 3:22-CV-177) |
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Filing 44
ORDER: Oral argument is SET in this case for April 28, 2025, at 9:30 a.m. CDT. In light of the pending Motions for Summary Judgment and the proximity to the trial date, the Court VACATES the (89) trial setting in this case and all remaining deadlines. (Ordered by Senior Judge Barbara M. G. Lynn on 4/2/2025) (agc) (Originally filed as document #133 in case 3:22-CV-177)
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| Filing 43 Appendix in Support filed by City of Dallas Texas re #42 Reply to Motion for Summary Judgment (Reply Appendix) (Bergthold, Scott) (Originally filed as document #132 in case 3:22-CV-177) |
| Filing 42 REPLY filed by City of Dallas Texas re: #27 MOTION for Summary Judgment (Bergthold, Scott) (Originally filed as document #131 in case 3:22-CV-177) |
| Filing 41 REPLY filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation re: #24 MOTION for Partial Summary Judgment (Murray, J) (Originally filed as document #130 in case 3:22-CV-177) |
| Filing 40 Brief/Memorandum in Support filed by City of Dallas Texas re #39 Response/Objection (Bergthold, Scott) (Originally filed as document #129 in case 3:22-CV-177) Modified document number on 6/12/2025 (axm). |
| Filing 39 RESPONSE filed by City of Dallas Texas re: #24 MOTION for Partial Summary Judgment (Bergthold, Scott) (Originally filed as document #128 in case 3:22-CV-177) |
| Filing 38 Appendix in Support filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation re #36 Response/Objection to Defendant's Motion for Summary Judgment (Originally filed as document #127 in case 3:22-CV-177) |
| Filing 37 Brief/Memorandum in Support filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation re #36 Response/Objection. (Murray, J) (Originally filed as document #126 in case 3:22-CV-177) |
| Filing 36 RESPONSE filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation re: #27 MOTION for Summary Judgment (Murray, J) (Originally filed as document #125 in case 3:22-CV-177) |
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Filing 35
ORDER granting in part #34 Motion to Extend Time to File Response/Reply. Responses due by 2/28/2025. No extension will be granted on the reply deadlines. (Ordered by Senior Judge Barbara M. G. Lynn on 2/21/2025) (kcr) (Originally filed as document #124 in case 3:22-CV-177)
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| Filing 34 MOTION for Extension of Time to File Response/Reply to #24 MOTION for Partial Summary Judgment , #27 MOTION for Summary Judgment filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation with Brief/Memorandum in Support. (Andrews, Latrice) (Originally filed as document #123 in case 3:22-CV-177) |
| Filing 33 Designation of Experts by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation. (Murray, J) (Originally filed as document #122 in case 3:22-CV-177) |
| Filing 32 Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Stacy J. Rodriguez, Michael J. Murray, Latrice Andrews, Roger E. Albright, Elizabeth Chandler. Prv Fee: $ 6500. Outcome of ADR: Parties were unable to reach a settlement. (Morgan, Cecilia) (Main Document 121 replaced on 2/10/2025) (ndt). (Originally filed as document #121 in case 3:22-CV-177) |
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Filing 31
PROTECTIVE ORDER. (Ordered by Senior Judge Barbara M. G. Lynn on 2/6/2025) (agc) (Originally filed as document #120 in case 3:22-CV-177)
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| Filing 30 Appendix in Support filed by City of Dallas Texas re #27 MOTION for Summary Judgment (Appx. Vol. 2 of 2) (Bergthold, Scott) (Originally filed as document #119 in case 3:22-CV-177) |
| Filing 29 Appendix in Support filed by City of Dallas Texas re #27 MOTION for Summary Judgment (Appx. Vol. 1 of 2) (Bergthold, Scott)(Originally filed as document #118 in case 3:22-CV-177) |
| Filing 28 Brief/Memorandum in Support filed by City of Dallas Texas re #27 MOTION for Summary Judgment (Bergthold, Scott) (Originally filed as document #117 in case 3:22-CV-177) |
| Filing 27 MOTION for Summary Judgment filed by City of Dallas Texas (Bergthold, Scott) (Originally filed as document #116 in case 3:22-CV-177) |
| Filing 26 NOTICE of Attorney Appearance by Scott D Bergthold on behalf of City of Dallas Texas. (Filer confirms contact info in ECF is current.) (Bergthold, Scott) (Originally filed as document #115 in case 3:22-CV-177) |
| Filing 25 Brief/Memorandum in Support filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation re #24 MOTION for Partial Summary Judgment (Murray, J) (Originally filed as document #114 in case 3:22-CV-177) |
| Filing 24 MOTION for Partial Summary Judgment filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation with Brief/Memorandum in Support. (Murray, J) (Originally filed as document #113 in case 3:22-CV-177) |
| Filing 23 Joint MOTION for Protective Order filed by Fine Dining Club Inc, Association of Club Executives of Dallas Inc, TMCD Corporation, 11000 Reeder LLC, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC, Elevated Hospitality Services, LLC, AVM-AUS, Ltd, Nick's Maintstage Inc Dallas PT's (Murray, J) (Originally filed as document #112 in case 3:22-CV-177) |
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Filing 22
ORDER: The 5/5/2024, 89 Scheduling Order is modified as follows: Responsive Designation of Experts due by 2/17/2025. Fact and Expert Discovery due by 3/31/2025. Settlement Conference 4/25/2025. (Ordered by Senior Judge Barbara M. G. Lynn on 1/29/2025) (agc) (Originally filed as document #111 in case 3:22-CV-177)
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| Filing 21 Joint STATUS REPORT Joint Statement of Conference filed by City of Dallas Texas. (Chandler, Elizabeth) (Originally filed as document #110 in case 3:22-CV-177) |
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Filing 20
ORDER: The 108 Motion is DENIED as to all but the discovery and expert disclosures and settlement conference dates. The parties are directed to confer and advise the Court of the results of their conference by 1/31/2025, and the Court will then rule on the rest of Defendants Motion. (Ordered by Senior Judge Barbara M. G. Lynn on 1/28/2025) (agc) (Originally filed as document #109 in case 3:22-CV-177)
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| Filing 19 MOTION to Continue filed by City of Dallas Texas (Attachments: #1 Proposed Order) (Chandler, Elizabeth) (Originally filed as document #108 in case 3:22-CV-177) |
| Filing 18 STIPULATION to Extend Certain Deadlines Set Forth in the Scheduling Order by Fine Dining Club Inc, Association of Club Executives of Dallas Inc, TMCD Corporation, 11000 Reeder LLC, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC, Elevated Hospitality Services, LLC, AVM-AUS, Ltd, Nick's Maintstage Inc Dallas PT's. (Murray, J) (Originally filed as document #107 in case 3:22-CV-177) |
| Filing 17 Designation of Experts by Fine Dining Club Inc, Association of Club Executives of Dallas Inc, TMCD Corporation, 11000 Reeder LLC, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC, Elevated Hospitality Services, LLC, AVM-AUS, Ltd, Nick's Maintstage Inc Dallas PT's. (Murray, J) (Originally filed as document #106 in case 3:22-CV-177) |
| Filing 16 STIPULATION to Extend Certain Deadlines Set Forth in the Scheduling Order by Fine Dining Club Inc, Association of Club Executives of Dallas Inc, TMCD Corporation, 11000 Reeder LLC, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC, Elevated Hospitality Services, LLC, AVM-AUS, Ltd, Nick's Maintstage Inc Dallas PT's. (Murray, J) (Originally filed as document #105 in case 3:22-CV-177) |
| Filing 15 STIPULATION to Extend Certain Deadlines Set Forth in the Scheduling Order by Fine Dining Club Inc, Association of Club Executives of Dallas Inc, TMCD Corporation, 11000 Reeder LLC, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC, Elevated Hospitality Services, LLC, AVM-AUS, Ltd, Nick's Maintstage Inc Dallas PT's. (Murray, J) (Originally filed as document #104 in case 3:22-CV-177) |
| Filing 14 NOTICE of Attorney Appearance by Elizabeth Chandler on behalf of City of Dallas Texas. (Filer confirms contact info in ECF is current.) (Chandler, Elizabeth) (Originally filed as document #103 in case 3:22-CV-177) |
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Filing 13
ORDER granting 101 Motion to Extend Time. Motions due by 2/4/2025. (Ordered by Senior Judge Barbara M. G. Lynn on 11/1/2024) (kaf) (Originally filed as document #102 in case 3:22-CV-177)
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| Filing 12 Joint MOTION to Extend Time by 17 Days, to February 4, 2025 the Deadline for Filing Dispositive Motions filed by Fine Dining Club Inc, Association of Club Executives of Dallas Inc, TMCD Corporation, 11000 Reeder LLC, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC, Elevated Hospitality Services, LLC, AVM-AUS, Ltd, Nick's Maintstage Inc Dallas PT's (Attachments: #1 Proposed Order) (Murray, J) (Originally filed as document #101 in case 3:22-CV-177) |
| Filing 11 STIPULATION to Extend Certain Deadlines Set Forth in the Scheduling Order by Fine Dining Club Inc, Association of Club Executives of Dallas Inc, TMCD Corporation, 11000 Reeder LLC, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC, Elevated Hospitality Services, LLC, AVM-AUS, Ltd, Nick's Maintstage Inc Dallas PT's. (Murray, J) (Originally filed as document #100 in case 3:22-CV-177) |
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Filing 10
ORDER granting 97 Motion to Withdraw as Attorney. Attorney Kathleen MacInnes Fones terminated. (Ordered by Senior Judge Barbara M. G. Lynn on 10/16/2024) (kcr) (Originally filed as document #99 in case 3:22-CV-177)
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| Filing 9 Alternative Dispute Resolution Summary filed by Cecilia H Morgan. Attorneys in Attendance: Stacy J. Rodriguez, Michael J. Murray, Latrice Andrews, Roger E. Albright. Prv Fee: $ 6500. Outcome of ADR: Continuing to work with parties to reach a settlement. (Morgan, Cecilia) (Main Document 98 replaced with flattened document on 10/17/2024) (ykp).(Originally filed as document #98 in case 3:22-CV-177) |
| Filing 8 Unopposed MOTION to Withdraw as Attorney filed by City of Dallas Texas (Fones, Kathleen) (Originally filed as document #97 in case 3:22-CV-177) |
| Filing 7 Joint STIPULATION to Extend Certain Deadlines Set Forth in the Scheduling Order by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation. (Murray, J) (Originally filed as document #96 in case 3:22-CV-177) |
| Filing 6 Joint STATUS REPORT Mediation filed by City of Dallas Texas. (Rodriguez, Stacy) (Originally filed as document #95 in case 3:22-CV-177) |
| Filing 5 ANSWER to 90 Amended Complaint filed by City of Dallas Texas. 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. (Rodriguez, Stacy) (Originally filed as document #94 in case 3:22-CV-177) |
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Filing 4
ORDER: The court appoints Cecilia H Morgan as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. An in-person mediation is scheduled for 10/15/2024, to be continued to 10/16/2024, if necessary. (Ordered by Senior Judge Barbara M. G. Lynn on 6/18/2024) (kcr) (Originally filed as document #93 in case 3:22-CV-177)
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| Filing 3 JOINT SETTLEMENT STATUS REPORT filed by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation. (Murray, J) (Originally filed as document #92 in case 3:22-CV-177) |
| Filing 2 Supplemental Certificate of Interested Persons/Disclosure Statement by 11000 Reeder LLC, AVM-AUS, Ltd, Association of Club Executives of Dallas Inc, Dallas Food & Beverage LLC, Elevated Hospitality Services, LLC, Fine Dining Club Inc, High Expectations Hospitality, LLC, Nick's Maintstage Inc Dallas PT's, TMCD Corporation (Murray, J) (Originally filed as document #91 in case 3:22-CV-177) |
| Filing 1 SECOND AMENDED COMPLAINT against City of Dallas Texas filed by AVM-AUS, Ltd, Nick's Maintstage Inc Dallas PT's, 11000 Reeder LLC, TMCD Corporation, Association of Club Executives of Dallas Inc, Fine Dining Club Inc, Dallas Food & Beverage LLC, High Expectations Hospitality, LLC, Elevated Hospitality Services, LLC. 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 Exhibit(s) A - Redline Second Amended Complaint) (Murray, J) (Originally filed as document #90 in case 3:22-CV-177) |
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