Reed v. City of Arlington, et al
| Kim W Lubke and Diane G Reed |
| City of Arlington, Robin Paulsgrove and Larry nmn Brawner |
| Kathy Fragnoli and ADR Provider |
| William T Neary |
| 4:2002cv00188 |
| March 7, 2002 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| Terry R Means |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 29, 2012. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Return of Defendant's Exhibits to City of Arlington #294 picked up by Attorney Robert Fugate (EXH-ADM flag removed). (tle) |
Filing 298
ORDER GRANTING AGREED MOTION TO DISMISS MOTION FOR ATTORNEYS' FEES denying as moot #287 Motion for Appellate Attorneys' Fees; finding as moot #291 Motion for Leave to File; granting #297 Motion to Dismiss. (Ordered by Judge Terry R Means on 2/6/2012) (krg)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:298. Mon Feb 6 15:22:33 CST 2012 (crt) |
| Filing 297 Agreed MOTION to Dismiss Plaintiff's Motion for Appellate Attorney's Fees and Costs and Supporting Brief filed by Diane G Reed (Hoodenpyle, Todd) |
| Filing 296 Return of Plaintiffs Exhibits as to Diane G Reed #295 to Todd Hoodenpyle - Singer & Levick, P.C. picked up via courier (EXH-ADM flag removed). (tle) |
| Filing 295 The Judgment and Order from the Fifth Circuit Court of Appeals disposing the appeal has been entered in the above numbered and styled case...Notice Regarding Disposition of Plaintiff's Trial/Hearing Exhibits Pursuant to Local Court Rule CV 79.2(b). Exhibits scheduled for destruction 60 days from the date of this notice unless claimed. Signed by Deputy Clerk Tamara Ellis. (tle) |
| Filing 294 The Judgment and Order from the Fifth Circuit Court of Appeals disposing the appeal has been entered in the above numbered and styled case...Notice Regarding Disposition of Defendant's Trial/Hearing Exhibits Pursuant to Local Court Rule CV 79.2(b). Exhibits scheduled for destruction 60 days from the date of this notice unless claimed. Signed by Deputy Clerk Tamara Ellis. (tle) |
| Filing 293 Appeal Record Returned:USCA #08-11098 #286 consisting of 1 Binder of Deft's Exhibits 1-21, A-J, 1-10, 2 Binders of Deft's Exhibits 1-8, 2 Binders of Plt's Exhibits 1-6, 10., 10 Transcripts, 2 Folders of Depositions, 8 Appendix, 1 envelope w/ doc #66 Exhibit, the electronic copy of the record has been recycled. (tle) |
| Filing 292 RESPONSE filed by Diane G Reed re: #291 MOTION for Leave to File Surreply (Hoodenpyle, Todd) Modified on 9/23/2011 (krg). |
| Filing 291 MOTION for Leave to File Surreply filed by City of Arlington (Attachments: #1 Exhibit(s) Surreply) (McConnell, Michael) |
| Filing 290 REPLY filed by Diane G Reed re: #287 MOTION for Attorney Fees and Costs (Appellate) (Hoodenpyle, Todd) |
| Filing 289 RESPONSE filed by City of Arlington re: #287 MOTION for Attorney Fees and Costs (Appellate) (McConnell, Michael) |
| Filing 288 Appendix in Support filed by Diane G Reed re #287 MOTION for Attorney Fees and Costs (Appellate) (Hoodenpyle, Todd) |
| Filing 287 MOTION for Attorney Fees and Costs (Appellate) filed by Diane G Reed with Brief/Memorandum in Support. (Hoodenpyle, Todd) |
| Filing 286 Received letter from USCA. Record/original papers/exhibits to be returned. (ewd) |
| Filing 285 Opinion of USCA in accordance with USCA judgment Re: 08-11098 as to #266 Notice of Appeal,, filed by Diane G Reed, #265 Notice of Appeal,, filed by City of Arlington. It is ordered and adjudged that the judgment of the District Court is AFFIRMED. Chief Judge Edith H. Jones with whom Harold R. DeMoss and Edith B. Clement, Circuit Judges, join, dissenting. (See opinion for specifics) (ewd) |
| Filing 284 JUDGMENT/MANDATE of USCA Re: 08-11098 as to #266 Notice of Appeal,, filed by Diane G Reed, #265 Notice of Appeal filed by City of Arlington. Issued as Mandate: 8/12/2011. (ewd) |
| Record on Appeal for USCA5 08-11098 (related to #266 , #265 appeal): 1 ECF CD transmitted to Todd Hoodenpyle @ Singer & Levick, P.C. on disk only by mail. (tle) |
| Record on Appeal for USCA5 08-11098 (related to #266 , #265 appeal):1 ECF CD Appeal record transmitted to Kelly Hart & Hallman on disk. (tle) |
|
Filing 283
ORDER of USCA #08-11098 as to #266 Notice of Appeal,, filed by Diane G Reed, #265 Notice of Appeal, filed by City of Arlington...IT IS ORDERED that The Commercial Law League of America's motion for leave to file an amicus curiae brief in support of the petition for rehearing En Banc is Granted. (tle)
|
| Filing 282 NOTICE of Docketing Record on Appeal from USCA re #266 Notice of Appeal,, filed by Diane G Reed, #265 Notice of Appeal,, filed by City of Arlington. USCA Case Number 08-11098 (tle) |
| Filing 281 Record on Appeal Transmitted to USCA5 re #266 Notice of Appeal,, #265 Notice of Appeal,, - USCA5 Number: 08-11098...consisting of 7 volumes of case papers, 2 Depositions, Document #66, 8 Appendix, 10 Transcripts, per request from USCA5 , Fed ex tracking numbers 296929368001373 and 296929368001380. (tle) |
| Filing 280 Letter received from Attorney Todd Hoodenpyle,courtesy copy stating original appeal record #08-11098 was returned to U S District Clerk's office-Fort Worth Division. (tle) |
| Appeal record returned by Law Office of Todd Hoodenpyle, consisting of 7 volumes of case papers, 2 folders of depositions, document #66, 10 Transcripts and 8 appendix on 4/7/2009. (tle) |
| Filing 279 COURT RECORD LOAN FORM re:08-11098, appeal record has been transmitted to Attorney Todd Hoodenpyle, consisting of 7 volumes of case papers, 2 Depositions, Document #66, 8 Appendix, 10 Transcripts on 3/25/2009, fed ex account number 296929368001328. (tle) |
| Filing 278 Appeal record returned by Law Offices of Kelly Hart & Hallman, consisting of 7 volumes of case papers, 2 folders of depositions, document #66, 10 Transcripts and 8 appendix on 3/24/2009. (tle) |
| Filing 277 Acknowledgment of receipt of Exhibits #273 by Attorney Roger L Hurlbut on 3/20/09. (tle) |
| Filing 276 Acknowledgment of receipt of Exhibits #273 by Attorney Roger L Hurlbut on 3/18/09. (tle) |
| Filing 275 Acknowledgment of receipt of exhibits from Attorney Frank Waite (dld) |
| Filing 274 Return of Exhibits by Clerk to Attorney Frank Waite consisting of 1 envelope of Deft's exhibits. (tle) |
| Filing 273 Return of Exhibits by Clerk to Attorney Roger L Hurlburt, consisting of 2 envelopes of Plaintiffs exhibits. (tle) |
| Filing 272 Received courtesy copy of letter addressed to USCA5 re:08-11098, original Clerk's record and hearing transcripts returned to counsel for the City of Arlington via Federal Express by Todd Hoodenpyle on 2/19/2009. (tle) |
| Filing 271 NOTICE OF TRANSFER OF THE 5th CIRCUIT RECORD ON APPEAL re:08-11098 appeal record has been sent to U S Court of Appeals on 1/20/09 by Stacy R Blanchette, consisting of 7 volumes of case papers, 10 transcripts,8 Appendix exhibits, 2 folders of Depositions, 1 envelope containing document #66. (tle) |
| Filing 270 COURT RECORD LOAN FORM re:08-11098 appeal record sent to Attorney David E Keltner @ Kelly Hart & Hallman, consisting of 7 volumes of electronic case papers, 2 folders of depositions, 1 envelope containing document #66, 8 original appendix exhibits on 12/10/08. (tle) |
| Record on Appeal Certified to US Court of Appeals, 5th Circuit re #266 Notice of Appeal,, #265 Notice of Appeal,, - USCA5 Number: 08-11098...consisting of 7 volumes of electronic case papers, 2 original folders of depositions, 10 original transcripts #164-170 and 250-252, 8 original appendix exhibits #13,22,25,31,142,202,212,216, 1 envelope containing exhibit #66 (not imaged), ROA is ready for shipment or loan (ELECTRONIC RECORD). (tle) |
| Filing 269 USCA Case Number 08-11098 in USCA5 for #265 Notice of Appeal,, filed by City of Arlington. (tle) |
| Filing 268 USCA Case Number 08-11098 (Xap 08-11099) in USCA5 for #266 Notice of Appeal,, filed by Diane G Reed. (tle) |
| Filing 267 Transcript Order Form: transcript not requested re #266 Notice of Appeal...Transcript is already on file in Clerk's office. (tle) |
| Filing 266 NOTICE OF APPEAL to the Fifth Circuit as to #253 Memorandum Opinion and Order, #254 Judgment by Diane G Reed. Filing fee $455, receipt number 05390000000002455718, Hearings held , Court Reporter Shawn McRoberts , Ana Warren , Hearings previously transcribed, 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. (Hoodenpyle, Todd) Modified on 11/10/2008 (tle). |
| Filing 265 NOTICE OF APPEAL to the Fifth Circuit as to #264 Order on Motion for Attorney Fees, #229 Order on Motion for Summary Judgment, #254 Judgment by City of Arlington. Hearings held, Court Reporter Ana Warren and Shawn McRoberts, Transcripts previously transcribed, Filing fee $455, receipt number 05390000000002447110. 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. (McConnell, Michael) |
|
Filing 264
ORDER GRANTING ATTORNEY'S FEES AND COSTS granting #255 Motion: See Order for specifics. (Signed by Judge Terry R Means on 10/07/2008) (krg)
|
| Filing 263 RESPONSE in Opposition filed by Diane G Reed re #260 Response to Motion (Attachments: #1 Exhibit 11 and 12) (Hoodenpyle, Todd) |
|
Filing 262
ORDER GRANTING MOTION FOR LEAVE TO FILE REPLY granting #261 Motion... Plaintiff may file a reply brief no later than September 30, 2008. See Order for specifics. (Signed by Judge Terry R Means on 09/16/2008) (krg)
|
| Filing 261 Unopposed MOTION for Leave to File Reply to Defendant's Response to Plaintiff's Motion for Attorney's Fees and Costs Under Rule 54(d) and Supporting Brief filed by Diane G Reed (Attachments: #1 Exhibit A) (Hoodenpyle, Todd) |
| Filing 260 RESPONSE filed by City of Arlington re #255 MOTION for Attorney Fees and Costs under Rule 54 (d) (Diseker, Roger) |
|
Filing 259
ORDER GRANTING MOTION TO SUSPEND FINALITY OF JUDGMENT granting #257 Motion: See Order for specifics. (Signed by Judge Terry R Means on 08/29/2008) (krg)
|
|
Filing 258
ORDER GRANTING MOTION TO FILE ADVERSARY SUBMISSIONS granting #256 Motion: See Order for specifics. (Signed by Judge Terry R Means on 08/29/2008) (krg)
|
| Filing 257 Unopposed MOTION to Suspend Finality of Judgment filed by City of Arlington with Brief/Memorandum in Support. (McConnell, Michael) |
| Filing 256 RESPONSE filed by City of Arlington re #255 MOTION for Attorney Fees Unopposed Request for Adversary Submissions (McConnell, Michael) |
| Filing 255 MOTION for Attorney Fees filed by Diane G Reed with Brief/Memorandum in Support. (Attachments: #1 Exhibit 8 (Part 1), #2 Exhibit 8 (Part 2), #3 Exhibit 8 (Part 3), #4 Exhibit 8 (Part 4), #5 Exhibit 9 & 10) (Hoodenpyle, Todd) |
|
Filing 254
FINAL JUDGMENT in favor of Diane G Reed against City of Arlington in the amount of $357,000.00. See Order for further specifics. (Signed by Judge Terry R Means on 08/08/2008) (krg)
|
| Filing 253 MEMORANDUM OF DECISION: See Memorandum for specifics. (Signed by Judge Terry R Means on 08/08/2008) (krg) |
| Filing 252 TRANSCRIPT of Continuation of Motions Hearing Proceedings held on 2-15-08 before Judge Terry R. Means. Court Reporter/Transcriber Ana P. Warren, Telephone number 817-850-6681. 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. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 8/27/2008. Redacted Transcript Deadline set for 9/8/2008. Release of Transcript Restriction set for 11/4/2008. (apw) |
| Filing 251 TRANSCRIPT of Motions Hearing Proceedings held on 2-14-08 before Judge Terry R. Means. Court Reporter/Transcriber Ana P. Warren, Telephone number 817-850-6681. 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. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 8/27/2008. Redacted Transcript Deadline set for 9/8/2008. Release of Transcript Restriction set for 11/4/2008. (apw) |
| Filing 250 TRANSCRIPT of Evidentiary Hearing Proceedings held on 07/08/2008 before Judge Terry Means. Court Reporter/Transcriber Shawn McRoberts, Telephone number (214) 753-2349. 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. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 8/15/2008. Redacted Transcript Deadline set for 8/25/2008. Release of Transcript Restriction set for 10/23/2008. (smm) |
| Filing 249 RECEIPT FOR EXHIBITS RETURNED TO PARTIES (Signed by Judge Terry R Means on 07/08/2008) (krg) |
| Filing 248 Defendant City of Arlington's Admitted Exhibits. (krg) |
| Filing 247 Plaintiff's Admitted Exhibits by Diane G Reed. (krg) |
| Filing 246 TRIAL TIME SHEET (krg) |
| Filing 245 Minute Order for proceedings held before Judge Terry R Means: Civil Non-Jury Trial held on 7/8/2008. Opening remarks; Exhibits marked/admitted; Evidence entered; Testimony concluded; Closing arguments; Order from the Court to follow; Exhibits returned to parties at conclusion of trial - receipt signed and filed. Attorney Appearances: Plaintiff - Todd Hoodenpyle; Defense - Michael McConnell. (Court Reporter Shawn McRoberts.) Time in Court: 4 hrs. (krg) |
| Filing 244 Proposed Findings of Fact by Diane G Reed. (Hoodenpyle, Todd) |
| Filing 243 TRIAL BRIEF by Diane G Reed. (Hoodenpyle, Todd) |
| Filing 242 Witness List by Diane G Reed. (Hoodenpyle, Todd) |
| Filing 241 Exhibit List by Diane G Reed. (Hoodenpyle, Todd) |
| Filing 240 Proposed Findings of Fact by City of Arlington. (McConnell, Michael) |
| Filing 239 TRIAL BRIEF by City of Arlington. (McConnell, Michael) |
| Filing 238 Witness List by City of Arlington. (McConnell, Michael) |
| Filing 237 Exhibit List by City of Arlington. (McConnell, Michael) |
|
Filing 236
JOINT PRETRIAL ORDER (Signed by Judge Terry R Means on 6/12/08) (wrb)
|
|
Filing 235
FINAL SCHEDULING ORDER: Jury Trial set for 7/8/2008 10:00 AM before Judge Terry R Means. (Signed by Judge Terry R Means on 6/12/08) (wrb)
|
| Filing 234 Minute Entry for proceedings held;Scheduling Conference held on 6/5/2008. Special Setting of July 8 & 9 2008; Non Jury; Each party allotted three hours a piece. Trial to start at 10:00 am July 8. Frank Gatto Brief Attorney present; Attorney Appearances: Plaintiff - Roger Hurlbut; Defense - Todd Hoodenpyle, Bryan Patrick Neal; Plaintiff Diane G Reed; Dft City of Arlington, Robin Paulsgrove, Larry Brawner (Court Reporter N/A.) Time in Court: 30 minutes. (csw) |
| Set/Reset Hearings: Bench Trial set for 7/8/2008 10:00 AM before Judge Terry R Means. (csw) |
| Filing 233 NOTICE by City of Arlington of Re-Designation of Attorneys (Waite, Frank) |
|
Filing 232
ORDER GRANTING MOTION TO CONTINUE... granting #231 Motion to continue the trial-setting conference, rescheduled for Thursday, June 5, 2008, at 2:00 p.m. (Signed by Judge Terry R Means on 4/8/08) (dld)
|
| Reset Trial Setting Conference set for 6/5/2008 02:00 PM before Judge Terry R Means. (dld) |
| Filing 231 Agreed MOTION to Continue Trial -Setting Conference by Diane G Reed, City of Arlington(Hoodenpyle, Todd) |
|
Filing 230
ORDER FOR TRIAL-SETTING CONFERENCE: In Chambers Conference set for 5/7/2008 02:00 PM before Judge Terry R Means. See Order for further specifics. (Signed by Judge Terry R Means on 04/01/2008) (krg)
|
|
Filing 229
ORDER PARTIALLY GRANTING AND PARTIALLY DENYING MOTION TO DISMISS re #210 Motion for Summary Judgment. See Order for specifics. (Signed by Judge Terry R Means on 02/29/2008) (krg)
|
| Filing 228 Amended Minute Order for proceedings held before Judge Terry R Means: Motion Hearing held on 02/15/2008. Deft's Motion for Summary Judgment by City of Arlington (#210) is taken under advisement. Witness(es) sworn and testimony heard. Exhibits marked and admitted and returned to parties - receipt filed. Written Order to follow. Attorney Appearances: Plaintiff - Todd Hoodenpyle; Defense - Denise V. Wilkerson, Michael M. McConnell. (Court Reporter Ana Warren.) Time in Court: 2 hrs 40 mins. (krg) |
| Filing 226 RECEIPT FOR EXHIBITS (Signed by Judge Terry R Means on 02/15/2008) (krg) |
| Filing 225 Minute Order for proceedings held before Judge Terry R Means: Motion Hearing held on 02/15/2008 re #210 Motion for Summary Judgment filed by City of Arlington. Deft's Motion #210 taken under advisement. Witness(es) sworn and testimony heard. Exhibits marked and admitted and returned to parties - receipt filed. Written Order to follow. Attorney Appearances: Plaintiff - Todd Hoodenpyle; Defense - Bryan Patrick Neal. (Court Reporter Ana Warren.) Time in Court: 2 hrs 40 mins. (krg) |
| Filing 227 Amended Minute Order for proceedings held before Judge Terry R Means: Motion Hearing held on 02/14/2008. Plaintiff's witness(es) sworn and testimony heard; Exhibits marked and admitted. Continued to 02/15/08 @ 9:30 a.m. Attorney Appearances: Plaintiff - Todd Hoodenpyle; Defense - Denise V. Wilkerson, Michael M. McConnell. (Court Reporter Ana Warren.) Time in Court: 3 hrs 35 mins. (krg) |
| Filing 224 Minute Order for proceedings held before Judge Terry R Means: Motion Hearing held on 02/14/2008. Pltf's witness(es) sworn and testimony heard. Exhibits marked and admitted. Hearing contd to 02/15/08 @ 9:30 a.m. Attorney Appearances: Plaintiff - Todd Hoodenpyle; Defense - Bryan Patrick Neal. (Court Reporter Ana Warren.) Time in Court: 3 hrs 35 mins. (krg) |
| Filing 223 Exhibit List by Diane G Reed. (Hoodenpyle, Todd) |
| Filing 222 Exhibit List by City of Arlington. (Diseker, Roger) |
| Filing 221 Witness List by Diane G Reed. (Hoodenpyle, Todd) |
| Filing 220 Witness List by City of Arlington. (Diseker, Roger) |
| Filing 219 NOTICE by Diane G Reed of Filing Business Records of The State Bar of Texas (Hoodenpyle, Todd) |
|
Filing 218
ORDER SETTING HEARING: Motion Hearing re #210 set for 2/14/2008 01:30 PM before Judge Terry R Means. See Order for specifics. (Signed by Judge Terry R Means on 01/23/2008) (krg)
|
| Filing 217 REPLY filed by City of Arlington re #210 MOTION for Summary Judgment (Neal, Bryan) |
| Filing 216 Appendix in Support filed by Diane G Reed re #214 Response to Motion for Summary Judgment (Attachments: #1 Attachment 1#2 Attachment 2) (Hoodenpyle, Todd) |
| Filing 215 Brief/Memorandum in Support filed by Diane G Reed re #214 Response to Motion for Summary Judgment (Hoodenpyle, Todd) |
| Filing 214 RESPONSE filed by Diane G Reed re #210 MOTION for Summary Judgment (Hoodenpyle, Todd) |
| Filing 213 Notice of Manual Filing of Appendix by City of Arlington re #212 Appendix in Support (Neal, Bryan) |
| Filing 212 Appendix in Support filed by City of Arlington re #210 MOTION for Summary Judgment (Attachments: #1 Appendix Part 1#2 Appendix Part 2#3 Appendix Part 3#4 Appendix Part 4#5 Appendix Part 5) (Neal, Bryan) |
| Filing 211 Brief/Memorandum in Support filed by City of Arlington re #210 MOTION for Summary Judgment (Neal, Bryan) |
| Filing 210 MOTION for Summary Judgment by City of Arlington (Neal, Bryan) |
| Filing 209 NOTICE of Attorney Appearance by Stephen Fred Fink on behalf of all defendants (Fink, Stephen) |
|
Filing 208
SCHEDULING ORDER FOR MOTIONS: The City may file its motion addressing the issue of judicial estoppel no later than twenty days from the date of this order. Failure to timely file the motion will constitute waiver of the issue. The normal rules governing responses and replies shall apply. Should that motion be resolved in favor of Reed, the Court will issue an additional scheduling order as needed. (Signed by Judge Terry R Means on 6/20/2007) (csw)
|
|
Filing 207
SCHEDULING ORDER FOR MOTIONS: the City may file its motion addressing the issue of judicial estoppel no later than 20 days from date of this order. See order for specifics. (Signed by Judge Terry R Means on 6/20/07) (dld)
|
|
Filing 206
ORDER denying #194 MOTION To Enforce Rule 68 Offer of Judgment (Signed by Judge Terry R Means on 6/20/2007) (csw)
|
|
Filing 205
ORDER granting #203 Motion for Leave to File Reply in Excess of Page Limitation. (Signed by Judge Terry R Means on 5/2/2007) (csw)
|
| Filing 204 Pltf's REPLY to Response filed by Diane G Reed to Pltf's #194 Motion to Enforce Rule 68 Offer of Judgment and Supporting Brief(Hoodenpyle, Todd) |
| Filing 203 MOTION for Leave to Exceed Page Limitation on Pltf's Reply to Deft's Resp. to Pltf's Motion to Enforce Rule 68 Offer of Judgment and Supporting Brief by Diane G Reed (Hoodenpyle, Todd) |
| Filing 202 Appendix in Support filed by City of Arlington re #201 Response to Motion (Attachments: #1 Appendix Part 2#2 Appendix Part 3) (Neal, Bryan) |
| Filing 201 RESPONSE filed by City of Arlington re #194 MOTION To Enforce Rule 68 Offer of Judgment (Neal, Bryan) |
| Filing 200 Alternative Dispute Resolution Summary filed by Diane G Reed. Attorneys in Attendance: Todd Hoodenpyle, Larry Levick and Michael McConnell. Prv Fee: 4,000. Disposition: DNS. (Hoodenpyle, Todd) |
|
Filing 199
SCHEDULING ORDER FOR MOTIONS: Deft's response to Pla's motion to enforce offer of settlement will be due nlt 20 days from the date of mediation. Pla's reply nlt than 15 days from date defts file their resposne. See order for specifics. (Signed by Judge Terry R Means on 3/15/07) (jmb)
|
| Filing 198 Minute Entry for proceedings held before Judge Terry R Means : Status Conference held on 3/13/07. Motion to Enforce Rule 68 Offer of Judgment is taken under advisement. Written order to follow. Attorney Appearances: Plaintiff - Todd Hoodenpyle/ Gabrielle A Hamm; Defense - Michael McConnell/ Bruan Patrick Neal/ Denise V Wilkerson/ Frank Waite. Time in Court: 40 minutes. (dld) |
|
Filing 197
ORDER OF REFERRAL FOR MEDIATION NO LATER THAN APRIL 16, 2007, AND ORDER APPOINTING MEDIATOR: Matter is REFERRED FOR MEDIATION to be conducted no later than April 16, 2007. Parties agreed on mediator and ORDERED that Steven A Felsenthal is APPOINTED AS MEDIATOR. No later than March 30, 2007, parties shall agree upon a mediation date. ORDERED that clerk of this Court forward a copy of this order and a copy of the Court's docket sheet in this cause to the mediator via mail, facsimile or email...see order for specifics. (Signed by Judge Terry R Means on 3/13/2007) (csw)
|
| Filing 196 NOTICE of Attorney Appearance by Michael A McConnell on behalf of City of Arlington (csw) |
|
Filing 195
Order Designating Case for ECF - within ten days of the date of notice of this order; all counsel shall comply. See order for specifics. (Signed by Judge Terry R Means on 3/12/2007) (csw)
|
| Filing 194 MOTION To Enforce Rule 68 Offer of Judgment by Diane G Reed with Supporting Brief. (Hoodenpyle, Todd) |
| Filing 193 Withdrawal of United States Trustee's Entry of Appearance and Request for Notice (Schmidt, Erin) |
|
Filing 192
ORDER RESCHEDULING STATUS CONFERENCE: Status Conference RESCHEDULED for 3/13/2007 10:00 AM before Judge Terry R Means at which time the court will discuss the status of this case. (Signed by Judge Terry R Means on 2/20/2007) (csw)
|
| Filing 191 NOTICE of Corrected Affidavit by City of Arlington (csw) |
| Filing 190 NOTICE of Attorney Appearance by Erin Marie Schmidt on behalf of William T Neary. Party United States Trustee added. (Schmidt, Erin) |
| Filing 189 NOTICE of Substitution of Counsel by Gabrielle A Hamm, Todd Hoodenpyle on behalf of Diane G Reed (csw) |
|
Filing 188
AMENDED ORDER REOPENING CASE AND SETTING STATUS CONFERENCE Status Conference set for Thursday 2/15/2007 09:30 AM before Judge Terry R Means. (Signed by Judge Terry R Means on 1/18/07) (jmb)
|
|
Filing 187
ORDER REOPENING CASE AND SETTING STATUS CONFERENCE:, Case reopened. Status Conference set for 2/15/2007 09:30 AM before Judge Terry R Means. (Signed by Judge Terry R Means on 1/18/07) (jmb)
|
| Filing 186 Supplemental Document by Kim W Lubke as to #182 Exhibit Letter received from Attorney Roger Hurlbut re #182 confirming that the exhibits returned from USCA5 will be held in the District Court Clerk's office pending the disposition of the case which was remanded to DC for recalculaation of damages.. (Hurlbut, Roger) |
| Filing 185 Letter received from Attorney Frank Waite re #183 requesting that the exhibits returned from USCA5 be held in the District Court Clerk's office pending the disposition of the case which was remanded to DC for recalculation of damages. (tle, ) |
| Filing 184 Defendant's Re-Designation of Attorney's by Bryan Patrick Neal for Defendant City of Arlington. (tle, ) |
| Filing 183 Defendant's exhibits (1 binder) received from USCA5, letter sent to Attorney Frank Waite to pick exhibits up within 10 days from the date of this letter. (tle, ) |
| Filing 182 Plaintiff's exhibits (1 binder) received from USCA5, letter sent to Attorney Roger Hurlburt to pick exhibits up within 10 days from the date of this letter. (tle, ) |
| Filing 181 Appeal Record Returned: USCA #04-11213 consisting of 6 volumes case papers, 7 transcripts #146-170, 2 exhibit folders containing appendix #13,22,25,31,142, 1 exhibit folder with 2 binders, 2 folders depositions. (csw) |
| Filing 180 Opinion of USCA (certified copy) USCA #04-11213 in accordance with USCA judgment re #160 Notice of Appeal, filed by City of Arlington...JUDGMENT AFFIRMED IN PART, VACATED AND REMANDED IN PART. (csw) |
| Filing 179 JUDGMENT/MANDATE of USCA #04-11213 as to #160 Notice of Appeal, filed by City of Arlington...ordered and adjudged that the judgment of the DC is affirmed in part and vacated in part, and the cause is remanded to the DC for further proceedings in accordance with the opinion of this court. Further ORDERED that each party bear its own costs on appeal. Issued as Mandate: 12/19/2006. (csw) |
|
Filing 178
ORDER of USCA ON PETITION FOR REHEARING as to #160 Notice of Appeal, filed by City of Arlington...ORDERED that the petition for rehearing is DENIED. (csw)
|
| Filing 177 Vacation Letter as to Roger Hurbut for 8/18 to 8/25/06. (Hurlbut, Roger) Modified on 8/18/2006 (pdm, ). |
| Filing 176 Correspondence dated August 14, 2006 by City of Arlington (dld, ) |
|
Filing 175
ORDER granting #173 Motion to Substitute Party. Kim W Lubke terminated. ORDERED that Diane G Reed, Trustee for the Bankruptcy Estate of Kim William Lubke is affirmed and approved as Real Party in Interest for Plaintiff and is substituted as Plaintiff. Clerk is directed to make this change on the docket. (Signed by Judge Terry R Means on 8/14/2006) (csw, )
|
| Filing 174 NOTICE of Acceptance of Offer of Judgment by Diane G Reed (csw, ) |
| Filing 173 MOTION for Substitution of Real Party in Interest for Plaintiff filed by Trustee Diane Reed by Kim W Lubke (jmb, ) |
| Filing 172 NOTICE of Docketing Record on Appeal from USCA re #160 Notice of Appeal, filed by City of Arlington,. USCA Case Number 04-11213 (csw, ) |
| Filing 171 Certified and Transmitted Record on Appeal to US Court of Appeals re #160 Notice of Appeal, re: USCA #04-11213 consisting of 6 volumes case papers which includes a cert cy of docket entries, 7 transcripts marked #164-#170, 2 exhibit folders containing appendix documents #13,22,25,31,142, 1 exhibit folder containing 2 binders, 1 folder depositions; along with a transmittal letter. (csw, ) ORIGINAL RECORD MAILED |
| Filing 170 TRANSCRIPT of April 29, 2004 Hearing held before Judge Terry R Means re #160 Notice of Appeal,. Court Reporter: Ana Warren. (dld, ) (67 pgs) |
| Filing 169 TRANSCRIPT of Trial filed for dates of April 15, 2004 before Judge Terry R Means re #160 Notice of Appeal,. Court Reporter: Ana Warren. (dld, ) |
| Filing 168 TRANSCRIPT of Trial filed for dates of April 13, 2004 before Judge Terry R Means re #160 Notice of Appeal,. Court Reporter: Ana Warren. (dld, ) (181 pgs) |
| Filing 167 TRANSCRIPT of Trial filed for dates of April 8, 2004 before Judge Terry R Means re #160 Notice of Appeal,. Court Reporter: Ana Warren. (dld, )(178 pgs) |
| Filing 166 TRANSCRIPT of Trial filed for dates of April 7, 2004 before Judge Terry R Means re #160 Notice of Appeal,. Court Reporter: Ana Warren. (dld, ) (161 pgs) |
| Filing 165 TRANSCRIPT of Pretrial Motions filed for dates of April 6, 2004 before Judge Terry r Means re #160 Notice of Appeal,. Court Reporter: Ana Warren. (dld, ) (29 pgs) |
| Filing 164 TRANSCRIPT of Trial filed for dates of April 5, 2004 before Judge Terry R Means re #160 Notice of Appeal,. Court Reporter: Ana Warren. (dld, ) (62 pgs) |
| Filing 163 Received letter from USCA5 #04-11213...re: Ana Warren. Request for an extension of time until January 31, 2005 for filing the transcript has been granted. (csw, ) |
| Filing 162 TRANSCRIPT REQUEST by City of Arlington for proceedings held on 4/5/04-4/15/04 Trial; 4/29/04 Hearing before Judge Terry R Means, re #160 Notice of Appeal,. Court reporter Ana Warren Transcript due by 11/24/2004. (csw, ) |
| Filing 161 USCA Case Number 04-11213 for #160 Notice of Appeal, filed by City of Arlington. (tle, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #160 Notice of Appeal; along with a transmittal letter. (csw, ) |
| Filing 160 NOTICE OF APPEAL as to #158 Order on Motion to Amend/Correct, #135 Order on Motion for Attorney Fees, #136 Judgment,,, #155 Order on Motion for Judgment, #156 Order on Motion to Amend/Correct by City of Arlington. Filing fee $ 255, receipt number 50326, filed by Atty Bryan Neal, TO given, Hearings held; CR Ana Warren. (csw, ) |
|
Filing 159
ORDER granting #153 Motion to Stay (Signed by Judge Terry R Means on 09/14/04) (wrb, )
|
|
Filing 158
ORDER denying #141 Motion to Amend/Correct (Signed by Judge Terry R Means on 09/14/04) (wrb, )
|
|
Filing 157
ORDER finding as moot #143 Motion to Stay (Signed by Judge Terry R Means on 09/14/04) (wrb, )
|
|
Filing 156
ORDER denying #140 Motion to Amend/Correct (Signed by Judge Terry R Means on 9/14/04) (wrb, )
|
|
Filing 155
ORDER denying #139 Defendant's Motion for Judgment for Judgment as a Matter of Law and Denying Alternative Motion for New Trial (Signed by Judge Terry R Means on 9/14/04) (wrb, )
|
| Filing 154 Reply in Support of its #139 MOTION for Judgment as a matter of law filed by City of Arlington. (wrb, ) |
| Filing 153 MOTION to Stay the Judgment Pending Appeal without Posting Security and brief in support by City of Arlington (wrb, ) |
| Filing 152 Reply in Support re #141 MOTION to Amend Findings of Fact re #135 Order on Motion for Attorney Fees filed by City of Arlington. (wrb, ) |
| Filing 151 Defendant's REPLY in Support of its #140 MOTION to Alter or Amend #136 Judgment,, filed by City of Arlington. (wrb, ) |
| Filing 150 RESPONSE to Motion re #139 MOTION for Judgment as a Matter of Law, Alternative Motion for New Trial filed by Kim W Lubke. (dld, ) |
| Filing 149 RESPONSE to Motion re #141 MOTION to Amend #135 Findings of Fact filed by Kim W Lubke. (dld, ) |
| Filing 148 RESPONSE to Motion re #140 MOTION to Amend/Correct #136 Judgment,, filed by Kim W Lubke. (dld, ) |
|
Filing 147
ORDER granting #146 Motion to Extend Time., granting #146 Motion to Stay Responses to 1)M/for Judgment as a Matter of Law, Alternative M/for New Trial and Brief, 2) M/to Alter or Amend Judgment w/Brf, and 3) Defts' M/to Amd Findings of Fact, and to stay the execution of judgment while these motions are pending, are due by 7/15/2004; execution of the judgment will be stayed while the above motions are pending. (Signed by Judge Terry R Means on 7/6/2004) (dld, )...Atty Bryan Neal changed to notified, cy mailed to Neal.
|
| Filing 146 Second Agreed MOTION to Extend Time to respond to motions, Agreed MOTION to Stay Execution re #136 Judgment,, by Kim W Lubke (pdm, ) |
|
Filing 145
AGREED ORDER TO ENLARGE TIME; granting #144 Motion to Extend Time to File Response/Reply. Responses due by 6/30/2004 (Signed by Judge Terry R Means on 6/17/04) (wrb, )
|
| Filing 144 Agreed MOTION for Extension of Time to File Response as to #139 MOTION for Judgment, #140 MOTION to Amend/Correct #136 Judgment,,, #141 MOTION to Amend/Correct #135 Order on Motion for Attorney Fees, #143 MOTION to Stay by Kim W Lubke (dld, ) |
| Filing 143 MOTION to Stay Enforcement of the Judgment by City of Arlington (wrb, ) |
| Filing 142 Appendix in Support re #140 MOTION to Amend/Correct #136 Judgment,,, #141 MOTION to Amend/Correct #135 Order on Motion for Attorney Fees filed by City of Arlington. (wrb, ) |
| Filing 141 MOTION to Amend/Correct #135 Findings of Fact and brief in support by City of Arlington (wrb, ) |
| Filing 140 MOTION to Amend/Correct #136 Judgment,, by City of Arlington (wrb, ) |
| Filing 139 MOTION for Judgment as a Matter of Law, Alternative Motion for New Trial and brief in support by City of Arlington (wrb, ) |
| Filing 138 Defendant's Supplemental Statement Regarding Front Pay filed by City of Arlington (wrb, ) |
| Filing 136 FINAL JUDGMENT in favor of pltf against deft City of Arlington. $394.00 for wages and/or salary and employment benefits for the City's denial of Lubke's rights to leave under the FMLA; $395,000.00 for wages for the city's discharge of Lubke in violation of the FMLA; $305,291.91 in atty fees; $9,575.68 in court costs; $300,000 in liquidate damages; post judgmt interest rate of 1.63 percent per anum from date of this jgmt is entered on docket until paid. (Signed by Judge Terry R Means on 5/13/04) (wrb, ) |
|
Filing 135
ORDER REGARDING ATTORNEY'S FEES, COURT COSTS, LIQUIDATED DAMAGES, EQUITABLE RELIEF, PRE-JUDGMENT INTEREST, AND POST-JUDGMENT INTEREST granting #128 Motion for Attorney Fees (Signed by Judge Terry R Means on 5/13/04) (wrb, )
|
|
Filing 137
Order Unfiling #131 Remark filed by City of Arlington due to the following deficiency: no signature of atty. (Signed by Judge Terry R Means on 5/12/04) (wrb, )
|
| Filing 134 AFFIDAVIT For Attorney Fees & Costs by Kim W Lubke. (wrb, ) |
| Filing 133 Defendant's Brief Regarding Interest filed by City of Arlington (wrb, ) |
| Filing 132 Defendant's Supplemental Argument Regarding Attorney's Fees filed by City of Arlington (wrb, ) |
| Filing 131 [unfiled per order of May 12 2004] Defendant's Supplemental Statement Regarding Front Pay filed by City of Arlington (wrb, ) Modified on 5/14/2004 (wrb, ). |
| Filing 130 Brief on Judgment Interest filed by Kim W Lubke (pdm, ) |
| Filing 129 Brief on Front Pay filed by Kim W Lubke (pdm, ) |
| Filing 128 MOTION for Attorney Fees & Costs by Kim W Lubke with Brief in Support. (pdm, ) |
| Filing 127 Minute Entry for proceedings held before Judge Terry R Means : Hearing held on 4/29/04 on post trial issues. Pltf's witnesses sworn and testimony heard; written order to follow (Court Reporter Ana Warren.) (pdm, ) |
| Filing 126 Defendant's Brief Regarding Liquidated Damages filed by City of Arlington (wrb, ) |
| Filing 125 Plaintiff's Brief on Liquidated Damages Under FMLA filed by Kim W Lubke (wrb, ) |
|
Filing 124
ORDER denying #112 Defendant's Motion To Allow Admission of Evidence of Plaintiff's Disciplinary History (Signed by Judge Terry R Means on 4/20/04) (wrb, )
|
|
Filing 123
ORDER Setting Briefing Schedule and Hearing on Post-Trial Issues:....Court has three remaining issues to decide (1)amt. of atty's fees, other costs...to be paid by deft...(2)whether to award liquidated damages to pltf...(3)whether to award pltf. equitable relief per 29 USC 2617(1)(B)...Ordered that hearing on above issues shall be held on Thursday, 4/29/04, at 1:30 pm...further Ordered that parties submit brief on issue of whether court should award liquidated damages...no later than 4:30 pm on Monday, 4/26/04; brief should be no longer than 5 pgs.; further ordered all direct testimony...as to atty. fees must be presented by sworn affidavit, or where parties agree, by deposition...sworn affidavits must be submitted to Court (but not filed) and served on opposing counsel no later than 4 pm on Monday, 4/26/04; depositions...must be submitted to Court (but not filed)no later than 4 pm on Monday, 4/26/04; further ordered that parties be allotted one hour per side at hearing...see order for further specifics (Signed by Judge Terry R Means on 4/16/2004) (pdm, )
|
| Filing 122 Trial Time Sheet(pdm, ) |
| Filing 121 JURY VERDICT. (pdm, ) |
| Filing 120 Jury Notes. (pdm, ) |
| Filing 119 Charge of the CourtSigned by Judge Terry R. Means(pdm, ) |
| Filing 118 Minute Entry for proceedings held before Judge Terry R Means : Jury Trial completed on 4/15/2004. Attys. Hurlbut for pltf. and Waite for deft. present; Closing arguments for pltf. & deft; jury deliberations began 3:50 pm; jury verdict 10 pm (Court Reporter Ana Warren.) (pdm, ) |
| Filing 117 Minute Entry for proceedings held before Judge Terry R Means : Charge Conference held on 4/14/2004; Attorneys present: Roger L Hurlbut for plaintiff, Frank Waite for defendant; Closing arguments to begin 4/15/2004 at 2:00 p.m. (Court Reporter Ana Warren.) (dld, ) |
| Filing 116 Supplemental #85 Proposed Jury Charge and Verdict by Kim W Lubke (dld, ) |
| Filing 115 Supplemental by Kim W Lubke as to #85 Proposed Jury Charge and Verdict (dld, ) |
| Filing 114 Minute Entry for proceedings held before Judge Terry R Means : Jury Trial held on 4/13/04. DAY 5 Attys Hurlbut and Waite present; pltf/dft evidence presented; trial conts 4/14/04 10am; charge conference to be held on 4/14/04; jury returning on 4/15/05 9:30am. (Court Reporter Ana Warren/Debbie Roberts.) (wrb, ) |
| Filing 113 Supplemental Proposed Jury Charge and Verdict by Kim W Lubke (dld, ) |
| Filing 112 MOTION to allow admission of evidence of plaintiff's disciplinary history by City of Arlington (wrb, ) |
| Filing 111 NOTICE of Attorney Appearance by Bryan Patrick Neal on behalf of Larry nmn Brawner, City of Arlington, Robin Paulsgrove (wrb, ) |
| Filing 110 Minute Entry for proceedings held before Judge Terry R Means : Jury Trial held on 04/08/04. DAY 4; Attys Hurlbut and Waite present; pltf's evidence and deft's evidence presented; trial cont'd until 4/12/04; 1:30pm. (Court Reporter Ana Warren.) (wrb, ) |
| Filing 109 Minute Entry for proceedings held before Judge Terry R Means : Jury Trial Day 3 held on 4/7/04. Attys Hurlbut and Waite present;opening remark by pltf and deft; evidence by pltf presented; trial cont's 4/8/04 10am. (Court Reporter Ana Warren.) (wrb, ) |
| Filing 108 Minute Entry for proceedings held before Judge Terry R Means : Hearing held on 4/6/04. Court worked on PT issues; Attorneys Hurlbut and Waite present. (Court Reporter Ana Warren.) (wrb, ) |
| Filing 107 Return of Subpeona issued to Sevette Harris Garrison returned executed on 4/1/04 by hand delivery filed by Kim W Lubke (wrb, ) |
| Filing 106 Return of Service on a Subpeona issued to Buddy Fry - served by courier and executed on 4/2/04 filed by Kim W Lubke (wrb, ) |
| Filing 105 Return of Service on a Subpeona executed as to Paulette Owens-Holmes by hand delivery filed by Kim W Lubke (wrb, ) |
| Filing 104 Return of Service Executed on Subpoena issd to Denise Winger, served by hand delivery filed by Kim W Lubke (wrb, ) |
| Filing 103 Jury Roll. (wrb, ) |
| Filing 102 Minute Entry for proceedings held before Judge Terry R Means : Pretrial conference; Attorneys Hurlbut and Waite present; VOIR DIRE conducted; jury instructions read.Jury Trial begun on 4/5/2004. (Court Reporter Ana Warren.) (wrb, ) |
|
Filing 101
AMENDED ORDER MOOTING PLAINTIFF'S CORRECTED #74 Motion in Limine (Signed by Judge Terry R Means on 4/5/2004) (dld, )
|
| Filing 100 RESPONSE to Defendants' #99 Objections to Late Filed Exhibits filed by Kim W Lubke. (wrb, ) |
| Filing 99 Defendant's Objections to Additions To, And Substitutions for Plaintiff's Proposed Jury Charge and Verdict Form filed by City of Arlington (wrb, ) |
|
Filing 98
ORDER denying #81 Motion to Compel, denying #81 Motion, denying #81 Motion for Sanctions (Signed by Judge Terry R Means on 4/2/04) (wrb, )
|
|
Filing 97
ORDER granting #53 Motion for Reconsideration (Signed by Judge Terry R Means on 04/02/04) (wrb, )
|
|
Filing 95
ORDER MOOTING PLAINTIFF'S CORRECTED MOTION IN LIMINE [DOC 64-1] (Signed by Judge Terry R Means on 4/2/04) (wrb, )
|
|
Filing 94
ORDER GRANTING DEFENDANTS' REQUEST REGARDING PLAINTIFF'S DESIGNATIONS OF PORTIONS OF DEPOSITIONS TO BE USED AT TRIAL (Signed by Judge Terry R Means on 4/2/04) (wrb, )
|
| Filing 96 Exhibit List by Kim W Lubke. (wrb, ) |
|
Filing 93
ORDER granting in part and denying in part #64 Motion in Limine (Signed by Judge Terry R Means on 4/1/04) (wrb, )
|
|
Filing 92
ORDER granting in part and denying in part #65 Motion in Limine (Signed by Judge Terry R Means on 4/1/04) (wrb, )
|
| Filing 91 Defendants' Objections to Late Filed Exhibits filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (wrb, ) |
| Filing 90 RESPONSE to Motion re #81 MOTION to Compel MOTION sanctions, to disqualify, to overrule attorney-client privilege, to compel and brief MOTION for Sanctions filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (wrb, ) |
| Filing 89 TRIAL BRIEF by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (dld, ) |
| Filing 88 Witness List by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (dld, ) |
| Filing 87 Exhibit List by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (dld, ) |
| Filing 86 OBJECTIONS To Plaintiff's re #82 Designations of Portions of Deposition To Be Used At Trial filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (dld, ) |
| Filing 85 Proposed Jury Charge and Verdict filed by Kim W Lubke (dld, ) Additional attachment(s) added on 9/24/2004 (dld, ). |
| Filing 84 TRIAL BRIEF by Kim W Lubke. (dld, ) |
| Filing 83 Witness List by Kim W Lubke. (dld, ) |
| Filing 82 Submission of PORTIONS OF DEPOSITIONS for Trial filed by Kim W Lubke (dld, ) |
| Filing 81 Motion for Sanctions, to Disquality, to Overrule Attorney-Client Privilege, to Compel and brief by Kim W Lubke (wrb, ) |
| Filing 80 REPLY in support to #65 MOTION in Limine filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (dld, ) |
| Filing 79 Supplemental Response by Larry nmn Brawner, City of Arlington, Robin Paulsgrove to #77 Response to Motion In Limine. (dld, ) |
| Filing 78 RESPONSE to #75 MOTION to Strike New Defenses filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (dld, ) |
| Filing 77 RESPONSE to Motion re #74 MOTION in Limine filed by City of Arlington. (dld, ) |
|
Filing 76
ORDER denying #75 Motion to Strike New Defenses Asserted by Defendants (Signed by Judge Terry R Means on 3/23/2004) (dld, )
|
| Filing 75 MOTION to Strike New Defenses Asserted by Defendants and Partial Reply to Defendants' Response to Plaintiff's Motion in Limine by Kim W Lubke (wrb, ) |
| Filing 74 MOTION in Limine and supporting brief (corrected) by Kim W Lubke (wrb, ) |
|
Filing 73
ORDER OVERRULING PLAINTIFF'S OBJECTION TO ORDER REDUCING NUMBER OF TRIAL HOURS AND denying #68 Motion to Enlarge Trial Time (Signed by Judge Terry R Means on 03/17/04) (wrb, )
|
|
Filing 72
ORDER granting #69 Motion for Leave to File. Amended Pleadings due by 3/19/2004. (Signed by Judge Terry R Means on 03/16/04) (wrb, )
|
| Filing 71 RESPONSE to Motion re #64 MOTION in Limine filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (wrb, ) |
| Filing 70 Defendants' RESPONSE to Plaintiff's Objection to Order Reducing Number of Trial Hours and Motion to Enlarge Trial Time filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (wrb, ) |
| Filing 68 OBJECTION to Order Reducing Number of Trial Hours and MOTION to Enlarge Trial Time by Kim W Lubke (dld, ) |
| OBJECTION to re #67 Order filed by Kim W Lubke. (dld, ) |
| Filing 69 MOTION for Leave to File Corrected Motion in Limine by Kim W Lubke with Brief in Support. (dld, ) |
|
Filing 67
ORDER REDUCING NUMBER OF TRIAL HOURS ALLOTTED TO EACH PARTY...pltf will be allowed 8 hours to put on their case, defts allowed 8 hours (Signed by Judge Terry R Means on 3/8/04) (wrb, )
|
| Filing 66 Civil Trial Docket (wrb, ) |
| Filing 65 MOTION in Limine and supporting brief by City of Arlington (wrb, ) |
| Filing 64 MOTION in Limine and Supporting Brief by Kim W Lubke (wrb, ) |
| Filing 63 Alternative Dispute Resolution Summary filed by Kathy Fragnoli. Attorneys in Attendance: Hurlbut, Waite. Prv Fee: 1250.00. Disposition: DNS.(wrb, ) |
|
Filing 62
ORDER denying #52 Motion for Reconsideration (Signed by Judge Terry R Means on 1/7/04) (wrb, )
|
| Filing 61 Defendant's REPLY to Plaintiff's Response to Defendant's #52 MOTION for Reconsideration re #51 Order on Motion for Summary Judgment filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (wrb, ) |
| Filing 60 REPLY in Support re #53 MOTION for Reconsideration re #51 Order on Motion for Summary Judgment filed by Larry nmn Brawner, Robin Paulsgrove. (wrb, ) |
|
Filing 59
ORDER APPOINTING MEDIATOR Kathy Fragnoli appointed; clerk to mail a copy of this order, the Jul 10 2003 order for referral to mediation, and a copy of the court's docket sheet in this case to mediator. (Signed by Judge Terry R Means on 12/3/03) (wrb, )
|
| Filing 58 Agreed NOTICE of Selected Mediator by Larry nmn Brawner, Kim W Lubke, Robin Paulsgrove (pdm, ) |
| Filing 57 RESPONSE to Motion re #52 MOTION for Reconsideration re #51 Order on Motion for Summary Judgment filed by Kim W Lubke. (dld, ) |
| Filing 56 RESPONSE and Brief to Motion re #53 MOTION for Reconsideration Denial of Motion for Judgment on the Pleadings, Alternative Motion for Certification to the Fifth Circuit re #51 Order on Motion for Summary Judgment filed by Kim W Lubke. (dld, ) |
|
Filing 55
AGREED ORDER TO ENLARGE TIME: granting #54 Motion to Extend Time. Plaintiff's Responses to Deft's Motion to Reconsider Denial of Motion for Judgmnt on the Pleadings and Deft's Motion to Reconsider Denial of their motion for Summary Jgmt due by 11/20/2003 (Signed by Judge Terry R Means on 11/12/03) (wrb, )
|
| Filing 54 AGREED MOTION to Enlarge Time by Kim W Lubke (wrb, ) |
| Filing 53 MOTION to Reconsider Denial of Motion for Judgment on the Pleadings, Alternative Motion for Certification to the Fifth Circuit, and Brief in Support re #51 Order on Motion for Summary Judgment by Larry nmn Brawner, Robin Paulsgrove (wrb, ) |
| Filing 52 MOTION for Reconsideration Denial of their Motion for Summary Judgment and Brief In Support re: #51 Order on Motion for Summary Judgment by City of Arlington (wrb, ) |
|
Filing 51
ORDER granting in part and denying in part #11 Motion for Summary Judgment (Signed by Judge Terry R Means on 09/09/03) (wrb, )
|
|
Filing 50
PRETRIAL ORDER (Signed by Judge Terry R Means on 7/10/03) (pdm, ) Additional attachment(s) added on 1/30/2004 (pdm, ).
|
|
Filing 49
ORDER REFERRING CASE to ADR. Type of ADR: Mediation in February 2004...parties to agree on impartial mediator and mediation date in 2/04 no later than 12/1/03;....on conclusion of mediation, mediator to file ADR Summary no later than 4:30 on 3/10/04...see order for further specifics (Signed by Judge Terry R Means on 7/10/03) (pdm, )
|
|
Filing 48
Final SCHEDULING ORDER--Civil Jury Trial: Case set for trial during month of April 2004; motions in limine to be filed no later than 4:30 oon 3/3/04; exhibits copies to be delivered to court no later than 4:30 on 3/30/04; exhibit/witness lists due no later than 4:30 on 3/30/04; portions of depositions to be offered due by 4:30 on 3/30/04...proposed jury charge and verdict form due by 4:30 on 3/30/04; trial briefs due by 4:30 on 3/30/04...see order for further specifics (Signed by Judge Terry R Means on 7/10/03) (pdm, )
|
| Filing 47 Minute Entry for proceedings held before Judge Terry R Means : Hearing held on 7/9/03. Trial Setting Cnf.; Atty. Hurlbut for pltf. and Waite and Lutton for deft. present; Jury trial to be held in April 2004 (pdm, ) |
| Vacation Letter as to Roger Hurlbut for dates Jul 12-21. (wrb, ) |
|
Filing 46
AGREED ORDER TO ENLARGE TIME granting [] Motion to Amend/Correct...trial setting conference Jul 9 2003 10am; joint pretrial order due Jul 3, 2003 nlt 4:30pm. (Signed by Judge Terry R Means on 06/19/03) (wrb, )
|
|
Filing 45
ORDER FOR TRIAL-SETTING CONFERENCE: Pretrial Conference set for 6/25/2003 10:00 AM before Terry R Means.Nlt Jun 23 2003 4:30, cnsl shall submit to the court a joint pretrial order. (Signed by Judge Terry R Means on 06/05/03) (wrb, )
|
| Filing 44 ANSWER to Amended Complaint by City of Arlington.(dld, ) |
|
Filing 43
ORDER terminating #10 Motion to Strike -pltf is precluded from using at trial the parties listed in his third supplemental disclosure to present evidence under Rules 702,703 or 705 of the Fed Rules of Evid. (Signed by Judge Charles Bleil on 05/15/03) (wrb, )
|
| Filing 42 First AMENDED COMPLAINT against Larry nmn Brawner, City of Arlington, Robin Paulsgrove , filed by Kim W Lubke.(pdm, ) |
|
Filing 41
ORDER granting #35 Motion to Extend Time for Deft. to Reply to Pltf's Response to Deft's Mot. for Summary Judgment thru 5/5/03 (Signed by Judge Terry R Means on 5/5/03) (pdm, )
|
| Set/Reset Deadlines as to #11 Motion for Summary Judgment. Replies due by 5/5/2003. (pdm, ) |
| Filing 40 Defendants' REPLY to Plaintiff's Response to Defendant's #11 MOTION for Summary Judgment filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (wrb, ) |
|
Filing 39
ORDER REFERRING MOTION to Judge US Magistrate Judge: #10 Motion to Strike filed by City of Arlington, Robin Paulsgrove, Larry nmn Brawner (Signed by Judge Terry R Means on 04/29/03) (wrb, )
|
|
Filing 38
ORDER PARTIALLY GRANTING #17 Motion for Leave in that the pltf is granted leave to file an amended complaint. The Court will not accept the plaintiff's First Supplemental Complaint; further ordered that pltf be allowed 10 days to file an amended complaint. (Signed by Judge Terry R Means on 04/29/03) (wrb, )
|
| Filing 37 Brief in Support of Plaintiff's #29 Response to Defendant's Motion for Summary judgment filed by Kim W Lubke. (wrb, ) |
|
Filing 36
ORDER denying #9 Motion judgment on pleadings (Signed by Judge Terry R Means on 04/29/03) (wrb, )
|
| Document Number Reset To 35 (wrb, ) |
| Filing 35 Defendant City of Arlington's MOTION to Enlarge Time (wrb, ) |
| Filing 34 Defendant's REPLY to Plaintiff's Response to Defendant's #10 MOTION to Strike Expert Opinions, with Brief filed by Larry nmn Brawner, City of Arlington, Robin Paulsgrove. (wrb, ) |
|
Filing 33
ORDER granting #32 Motion for Leave to File Corrected brief within 10 days of the date of this order. (Signed by Judge Terry R Means on 04/22/03) (wrb, ) Additional attachment(s) added on 4/24/2003 (wrb, ).
|
| Filing 32 Plaintiff's MOTION for Leave to File corrected brief in support of plaintiff's response to motion for summary judgment by Kim W Lubke (wrb, ) |
| Filing 31 Appendix in Support re #29 Response to Motion filed by Kim W Lubke. (wrb, ) |
| Filing 30 Brief in Support of #29 Response to Defendant's Motion for Summary Judgment filed by Kim W Lubke. (wrb, ) |
| Filing 29 Plaintiff's RESPONSE to Defendant's #11 MOTION for Summary Judgment filed by Kim W Lubke. (wrb, ) |
|
Filing 28
AGREED ORDER TO ENLARGE TIME:....pltf's response to deft's motion for summary judgment due: Fri, Apr 11, 2003. (Signed by Judge Terry R Means on 04/10/03) (wrb, )
|
| Filing 27 REPLY to Plaintiff's Response and Brief to Defendants Paulsgrove and Brawners's #9 Motion For Judgment on the pleadings and brief filed by Larry nmn Brawner, Robin Paulsgrove. (wrb, ) |
| Filing 26 RESPONSE to Motion re #17 MOTION for Leave to File limited supplementation filed by Larry nmn Brawner, Robin Paulsgrove. (wrb, ) |
| Filing 25 Appendix for Plaintiff's #24 Response and Brief to Defendant's Motion to Strike Expert Opinions and Brief (wrb, ) |
| Filing 24 Plaintiff's RESPONSE and Brief to Defendant's #10 MOTION to Strike Expert Opinions and Motion to Modify Initial Scheduling Order filed by Kim W Lubke. (wrb, ) |
| MOTION to Modify #5 Initial Scheduling Order, by Kim W Lubke (wrb, ) |
|
Filing 23
ORDER granting #20 Motion to Extend Time - Pltfs responses now due : Apr 4, 2003 for Deft's M/Strike Expert Opinions and Apr 8, 2003 for Deft's M/SJ. (Signed by Judge Terry R Means on 03/27/03) (wrb, )
|
| Filing 22 Appendix in Support of Plaintiff's #18 Response to Defendant's Motion for Judgment on the pleadings (this document a re-filed version of the 3/17 version, properly bound) filed by Kim W Lubke. (wrb, ) |
|
Filing 21
Order Unfiling 19 Appendix in Support filed by Kim W Lubke due to the following deficiency: doc not in proper form (the orig and copy too large to mail back - placed in corresp folder) (Signed by Judge Terry R Means on 03/20/03) (wrb, )
|
| Filing 20 Plaintiff's Second MOTION to Enlarge Time by Kim W Lubke (wrb, ) |
| Filing 19 ***UNFILED PER ORDER 3/20/03***Appendix in Support of Plaintiff's #18 Response to Defendant's Motion for Judgment on the pleadings filed by Kim W Lubke. (wrb, ) Modified on 2/22/2005 (csw, ). |
| Filing 18 Plaintiff's RESPONSE and Brief to Defendant's Paulsgrove and Brawner's #9 Motion for Judgment on the pleadings and brief filed by Kim W Lubke. (wrb, ) |
| Filing 17 Plaintiff's MOTION for Leave for limited supplementation and brief (wrb, ) |
| Filing 16 Amended CERTIFICATE of Conference for Plaintiff's Motion to Enlarge Time by Roger L Hurlbut on behalf of Kim W Lubke (wrb, ) |
|
Filing 15
ORDER TO ENLARGE TIME granting #14 Motion to Extend Time to File Response/Reply - Deft's Paulsgrove and Brawner's Motion for Judgment on the Pleadings due Mar 17, 2003; Deft's Motion to Strike Expert Opinions due Mar 20, 2003; Deft's M/Sum Jgm due Mar 24, 2003 (Signed by Judge Terry R Means on 03/05/03) (wrb, )
|
| Filing 14 Plaintiff's MOTION TO ENLARGE TIME by Kim W Lubke (wrb, ) |
| Filing 13 Appendix in Support re #11 MOTION for Summary Judgment filed by Larry nmn Brawner individually and in his official capacity, City of Arlington, Robin Paulsgrove individually and in his official capacity (dld, )...not scanned |
| Filing 12 BRIEF in Support re #11 MOTION for Summary Judgment filed by Larry nmn Brawner individually and in his official capacity, City of Arlington, Robin Paulsgrove individually and in his official capacity. (dld, ) |
| Filing 11 MOTION for Summary Judgment by Larry nmn Brawner individually and in his official capacity, City of Arlington, Robin Paulsgrove individually and in his official capacity (dld, ) |
| Filing 10 Defendants' MOTION to Strike Expert Opinions, with Brief by Larry nmn Brawner, City of Arlington, Robin Paulsgrove (wrb, ) |
| Filing 9 MOTION with memorandum in support by Robin Paulsgrove, Larry nmn Brawner for judgment on the pleadings (8pg) (wrb) |
| Filing 8 RETURN ON SERVICE ...re: subpoena and notice of oral deposition to Sevette Garrison at 1:00 1/24/03...by plaintiff Kim W Lubke (1 pg) (dld) |
| Filing 7 Defendants' Settlement Conference REPORT by City of Arlington, Robin Paulsgrove, Larry nmn Brawner (3pg) (wrb) |
|
Filing 6
AGREED PROTECTIVE ORDER ( Signed by Judge Terry R. Means ) Copies to counsel: 5/9/02 Page(s) 1 (wrb)
|
|
Filing 5
INITIAL SCHEDULING ORDER setting Joining of Parties on 4:30 7/8/02 Amending of Pleadings on 4:30 12/30/02 ; Discovery cutoff 4:30 1/31/03 ; Deadline for filing of dispositive motions 4:30 2/28/03 ; ( Signed by Judge Terry R. Means ) Copies to counsel: 5/9/02 Page(s): 3 (wrb)
|
| Deadline updated; set settlement conference for 9:30 8/21/02 at city attorney's office (wrb) |
| Filing 4 JOINT STATUS REPORT & PROPOSED DISCOVERY PLAN by Kim W Lubke, City of Arlington, Robin Paulsgrove, Larry nmn Brawner (5pg) (wrb) |
|
Filing 3
ORDER TO SUBMIT JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN....If, upon receipt of this order, the parties' attorneys have not already conferred, they shall, within 20 days of the date of filing of this order; The parties to file with the clerk of the court an original and one copy of the signed joint status report and proposed discovery plan (one instrument) within 30 days of the date of the filing of this order...SEE ORDER FOR FURTHER SPECIFICS... ( Signed by Judge Terry R. Means ) Copies to counsel: 03/12/02 Page(s): 6 (fba)
|
| Filing 2 CERTIFICATE OF INTERESTED PERSONS by City of Arlington, Robin Paulsgrove, Larry nmn Brawner (2pg) (wrb) |
| Filing 1 Defendant's NOTICE OF REMOVAL (with state court papers attached); Filing Fee $ 150 Receipt # 39889 (15+pgs) (wrb) |
| DEMAND for jury trial by Kim W Lubke filed in state court (wrb) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
