Carter v. Burlington Northern Santa Fe, LLC
| Kasonia L. Carter |
| Burlington Northern Santa Fe LLC, BNSF, Burlington Northern Santa Fe Railway and Burlington Northern Santa Fe Corporation |
| Hiram McBeth |
| 4:2015cv00366 |
| May 12, 2015 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| Tarrant |
| Reed C O'Connor |
| Civil Rights: Employment |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 4, 2016. A more recent docket listing may be available from PACER.
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| Filing 112 NOTICE of Satisfaction and Release of Final Judgment filed by Burlington Northern Santa Fe LLC (Cawyer, Russell) |
Filing 111
ELECTRONIC ORDER granting #110 Joint Motion to Extend Time to Conduct Status Conference. The Status Conference currently scheduled for July 26, 2016 is hereby CANCELLED. Defendant is to inform the Court on or after October 24, 2016 of the necessity for further Court action with regard to this matter. (Ordered by Magistrate Judge Jeffrey L Cureton on 7/25/2016) (Magistrate Judge Jeffrey L Cureton)
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| Hearing/Deadline Modification: Status Conference terminated. (mpw) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:111. Mon Jul 25 12:05:17 CDT 2016 (crt) |
| Filing 110 Joint MOTION to Extend Time to Conduct Status Conference filed by Burlington Northern Santa Fe LLC (Attachments: #1 Proposed Order) (Cawyer, Russell) |
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Filing 109
ORDER: Status Conference set for 7/26/2016 02:00 PM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Jeffrey L Cureton. (Ordered by Magistrate Judge Jeffrey L Cureton on 7/13/2016) (trt)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:109. Wed Jul 13 14:24:29 CDT 2016 (crt) |
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Filing 108
ELECTRONIC ORDER finding as moot #97 Motion for Substitute Service pursuant to the withdrawal of the motion by Defendant in its Supplemental Brief and Notice of Withdrawal of Request for Substitute Service #106 filed this same day. (Ordered by Magistrate Judge Jeffrey L Cureton on 6/17/2016) (Magistrate Judge Jeffrey L Cureton)
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| Filing 107 Appendix in Support filed by Burlington Northern Santa Fe LLC re #106 Brief/Memorandum in Support of Motion for Substitute Service (Cawyer, Russell) |
| Filing 106 Brief/Memorandum in Support filed by Burlington Northern Santa Fe LLC re #97 MOTION For Substitute Service of Deposition Notice and Notice of Withdrawal of Request for Substitute Service (Cawyer, Russell) |
| Filing 105 NOTICE of Filing Second Amended Post-Judgment Discovery filed by Burlington Northern Santa Fe LLC (Cawyer, Russell) |
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Filing 104
ORDER REQUIRING DEFENDANT TO FILE SUPPLEMENTAL BRIEF TO ITS MOTION FOR SUBSTITUTE SERVICE OF DEPOSITION NOTICE: It is ORDERED that Defendant, no later than June 17, 2016, file a supplemental brief to their Motion for Substitute Service of Deposition Notice #97 that provides legalanalysis and, preferably, Fifth Circuit precedent that authorizes the Court to allow for substitute service of Plaintiff's deposition notice and subpoena duces tecum. (Ordered by Judge Reed C O'Connor on 6/7/2016) (plp)
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Filing 103
ORDER granting #101 Motion to Withdraw as Attorney. Attorney Hiram McBeth, III terminated. (Ordered by Magistrate Judge Jeffrey L Cureton on 6/7/2016) (npk)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:103. Tue Jun 7 16:17:48 CDT 2016 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:104. Tue Jun 7 16:44:48 CDT 2016 (crt) |
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Filing 102
Order Referring Motion re: #101 First MOTION to Withdraw as Attorney Unopposed Motion and Brief to Withdraw as Attorney for Kasonia L. Carter Motion(s) referred to Magistrate Judge Jeffrey L Cureton. (Ordered by Judge Reed C O'Connor on 6/3/2016) (trt)
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| Filing 101 First MOTION to Withdraw as Attorney Unopposed Motion and Brief to Withdraw as Attorney for Kasonia L. Carter filed by Kasonia L. Carter with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (McBeth, Hiram) |
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Filing 100
ORDER EXPEDITING FILING OR RESPONSE OR MOTION TO WITHDRAW: It is ORDERED that no later than Friday, June 3, 2016, McBeth either file a response to Defendant's Motion for Substitute Service of Deposition Notice or an appropriate Motion to Withdraw that complies with Local Civil Rule 83.12. (Ordered by Magistrate Judge Jeffrey L Cureton on 5/25/2016) (ewd)
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Filing 99
Order Referring Motion re: #97 MOTION For Substitute Service to Magistrate Judge Jeffrey L Cureton. Future pleadings concerning this specific motion shall be filed with a transmittal letter addressed to Magistrate Judge Cureton so copies can be sent directly to him without delay. (Ordered by Judge Reed C O'Connor on 5/25/2016) (ewd)
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| Filing 98 Appendix in Support filed by Burlington Northern Santa Fe LLC re #97 MOTION For Substitute Service of Deposition Notice (Cawyer, Russell) |
| Filing 97 MOTION For Substitute Service of Deposition Notice filed by Burlington Northern Santa Fe LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cawyer, Russell) |
| Filing 96 NOTICE of Filing Amended Post-Judgment Discovery filed by Burlington Northern Santa Fe LLC (Cawyer, Russell) |
| Filing 95 NOTICE of Filing Post-Judgment Discovery filed by Burlington Northern Santa Fe LLC (Cawyer, Russell) |
| Filing 94 Costs Taxed in amount of $ 2,276.69 against Kasonia Carter. (npk) |
| Filing 93 BILL OF COSTS by Burlington Northern Santa Fe LLC. (Cawyer, Russell) |
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Filing 92
FINAL JUDGMENT: The Court has issued its order granting Defendant's Motion for Summary Judgment. It is therefore ORDERED, ADJUDGED, and DECREED that all claims asserted in the above-entitled action are DISMISSED with prejudice. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Reed C O'Connor on 3/30/2016) (plp)
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Filing 91
ORDER Re: #65 Motion for Summary Judgment. The Court concludes that BNSF's motion for summary judgment should be and is hereby GRANTED. The trial setting in this case is CANCELLED and a final judgment will issue by separate order. (Ordered by Judge Reed C O'Connor on 3/30/2016) (ewd)
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Filing 90
ORDER REGARDING RULE 11 SANCTIONS. In an Order Granting Defendant's Motion for Sanctions for Spoliation of Evidence [doc. 63] issued on February 8, 2016, the Court described conduct by Plaintiff and her attorney, Hiram McBeth, that might subject them to sanctions pursuant to Federal Rule of Civil Procedure 11 or the Court's inherent powers. Thereafter, in an order also dated February 8, 2016, the Court ordered Plaintiff and McBeth to show cause why they should not be sanctioned, pursuant to Rule 11 (c) or the Court's inherent powers, for McBeth's filing of a retaliatory motion for sanctions based on Plaintiff s false allegations against Russell Cawyer, Defendant's attorney, of sexual harassment [doc. 64]. After reviewing the parties' submissions, the Court finds that it will not further sanction Plaintiff and McBeth pursuant to Rule 11 beyond the sanctions already imposed. (Ordered by Magistrate Judge Jeffrey L Cureton on 3/23/2016) (npk)
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Filing 89
ORDER REGARDING ATTORNEY'S FEES PURSUANT TO THE COURT'S FEBRUARY 8, 2016 ORDER [DOC. 63] GRANTING DEFENDANT'S MOTION FOR SANCTIONS FOR SPOLIATION OF EVIDENCE. ORDERED that Plaintiff and McBeth are jointly and severally liable for Defendant's reasonable and necessary attorney's fees as sanctions under Rules 30(d)(2) and 37(b)(2)(A), & (C), or alternatively based on the Court's inherent powers to sanction, in the amount of $13,847. Payment is due within 45 days of the date of this order unless the parties and counsel agree to a different payment schedule. It is further ORDERED that Plaintiff and McBeth are jointly and severally liable for Defendant's reasonable and necessary costs and expenses as sanctions under Rules 30(d)(2) and 37(b)(2)(A) & (C), or, alternatively, pursuant to the Court's inherent powers to sanction, in the amount of $1,146.05. Payment is due within 45 days of the date of this order unless the parties and counsel agree to a different payment schedule. It is further ORDERED that Plaintiff and McBeth's objections to the attorney's fees and expenses claimed, to the extent not already specifically addressed in the Court's order, are OVERRULED. (Ordered by Magistrate Judge Jeffrey L Cureton on 3/23/2016) (npk)
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| Filing 88 REPLY filed by Kasonia L. Carter, Hiram McBeth re: #64 Order to Show Cause,, (Moore, Alison) |
| Filing 87 REPLY filed by Burlington Northern Santa Fe LLC re: #65 MOTION for Summary Judgment (Cawyer, Russell) |
| Filing 86 RESPONSE filed by Burlington Northern Santa Fe LLC re: #83 Response/Objection (Biggs, Paige) |
| Filing 85 Appendix in Support filed by Burlington Northern Santa Fe LLC re #84 Response/Objection (Berg, Lars) |
| Filing 84 RESPONSE filed by Burlington Northern Santa Fe LLC re: #79 Response/Objection (Berg, Lars) |
| Filing 83 RESPONSE AND OBJECTION filed by Kasonia L. Carter, Hiram McBeth re: #64 Order to Show Cause,, #81 Order to Show Cause,,, (Attachments: #1 Exhibit(s) Appendix in Support) (Moore, Alison) |
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Filing 82
ORDER denying #76 Motion to Strike Late Filed Evidence. (Ordered by Magistrate Judge Jeffrey L Cureton on 3/7/2016) (trt) . Modified on 3/8/2016 (ewd).
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Filing 81
ORDER FOR PLAINTIFF AND HER ATTORNEY TO SHOW CAUSE WHY THEY SHOULD NOT BE SANCTIONED BY THE IMPOSITION OF ATTORNEY'S FEES PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 30(d)(2) AND 37(b)(2)(A) & (C). Plaintiff and McBeth shall show cause, no later than Wednesday, March 9, 2016, why they should not be sanctioned and ordered to pay attorney's fees pursuant to Rules 30(d)(2) and 37(b)(2)(A) & (C) as set forth in the Court's February 8, 2016 order. Plaintiffs and McBeth's showing should focus on any arguments and evidence relevant that have not already been presented to the Court and avoid rehashing those arguments previously submitted by them. Defendant's response, if any, shall be due no later than Friday, March 11, 2016. (Ordered by Magistrate Judge Jeffrey L Cureton on 3/4/2016) (npk)
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| Filing 80 Appendix in Support filed by Kasonia L. Carter, Hiram McBeth re #79 Response/Objection to the Show Cause Order Issued on February 8, 2016 (Moore, Alison) |
| Filing 79 RESPONSE filed by Kasonia L. Carter, Hiram McBeth re: #64 Order to Show Cause,, (Moore, Alison) |
| Filing 78 Brief/Memorandum in Support filed by Kasonia L. Carter re #65 MOTION for Summary Judgment Brief in Support if Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment (McBeth, Hiram) |
| Filing 77 RESPONSE filed by Kasonia L. Carter re: #65 MOTION for Summary Judgment (Attachments: #1 Exhibit(s) Exhibit A) (McBeth, Hiram) |
| Filing 76 MOTION to Strike #73 Response/Objection, #75 Reply, #71 Brief/Memorandum in Support of Motion, #72 Appendix in Support, #74 Supplemental Document Late Filed Evidence filed by Hiram McBeth (McBeth, Hiram) |
| Filing 75 REPLY filed by Burlington Northern Santa Fe LLC re: #63 Order on Motion for Order to Show Cause,,, (Cawyer, Russell) |
| Filing 74 Supplemental Document by Burlington Northern Santa Fe LLC as to #72 Appendix in Support of BNSF's Evidence of Reasonable Attorneys' Fees. (Cawyer, Russell) |
| Filing 73 RESPONSE filed by Kasonia L. Carter, Hiram McBeth re: #71 Brief/Memorandum in Support of Motion, #72 Appendix in Support (McBeth, Hiram) |
| Filing 72 Appendix in Support filed by Burlington Northern Santa Fe LLC re #71 Brief/Memorandum in Support of Motion Evidence of Reasonable Attorneys' Fees & Costs (Cawyer, Russell) |
| Filing 71 Brief/Memorandum in Support filed by Burlington Northern Santa Fe LLC re #63 Order on Motion for Order to Show Cause,,, Evidence of Reasonable Attorneys' Fees & Costs (Cawyer, Russell) |
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Filing 70
ORDER GRANTING PLANTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO COURT'S SHOW CAUSE ORDER. Based on the foregoing, it is ORDERED that Plaintiff's Motion for Extension of Time to Respond to the Court Order Issued on February 8, 2016 [doc. 69] is GRANTED. It is further ORDERED that the deadline for Plaintiff and her attorney, Hiram McBeth, to respond to the Court's February 8, 2016 show cause order is extended until Thursday, March 3, 2016. Defendant's response, if any, shall be due no later than Friday, March 11, 2016. Plaintiff's reply, if any, shall be due no later than Friday, March 18, 2016. (Ordered by Magistrate Judge Jeffrey L Cureton on 2/17/2016) (trt)
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| Filing 69 MOTION for Extension of Time to File Response/Reply to #64 Order to Show Cause,, filed by Hiram McBeth (Attachments: #1 Proposed Order) (Moore, Alison) |
| Filing 68 NOTICE of Attorney Appearance by Alison H Moore on behalf of Hiram McBeth. (Filer confirms contact info in ECF is current.). Party Hiram McBeth added. (Moore, Alison) |
| Filing 67 Appendix in Support filed by Burlington Northern Santa Fe LLC re #65 MOTION for Summary Judgment (Cawyer, Russell) |
| Filing 66 Brief/Memorandum in Support filed by Burlington Northern Santa Fe LLC re #65 MOTION for Summary Judgment (Attachments: #1 Exhibit(s) Unpublished Case, #2 Exhibit(s) Unpublished Case, #3 Exhibit(s) Unpublished Case) (Cawyer, Russell) |
| Filing 65 MOTION for Summary Judgment filed by Burlington Northern Santa Fe LLC (Attachments: #1 Proposed Order) (Cawyer, Russell) |
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Filing 64
ORDER FOR PLAINTIFF AND HER ATTORNEY TO SHOW CAUSE WHY THEY SHOULD NOT BE SANCTIONED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 11 OR THE COURT'S INHERENT POWERS. ORDERED that Plaintiff and McBeth show cause, no later than Thursday, February 18, 2016, why they should not be sanctioned, pursuant to FRCP II(c) or the Court's inherent powers, for McBeth's filing of a retaliatory motion for sanctions based on Plaintiff s false allegations of sexual harassment against Cawyer. Defendant's response, if any, shall be due no later than Monday, February 29, 2016 Plaintiffs reply, if any, shall be due no later than Monday, March 7, 2016. (Ordered by Magistrate Judge Jeffrey L Cureton on 2/8/2016) (npk)
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Filing 63
ORDER GRANTING DEFENDANT'S MOTION FOR SANCTIONS FOR SPOLIATION OF EVIDENCE granting #43 Motion. ORDERED that Defendant shall submit to the Court, no later than February 22, 2016, evidence of its reasonable attorney's fees and costs, including the costs associated with the taking of Plaintiff s deposition and the filing of its Motion for Sanctions for Spoliation of Evidence. Plaintiff s response, if any, to Defendant's submission is due no later than February 29, 2016. It is further ORDERED that Defendant is entitled to a spoliation instruction to the jury that sets forth Plaintiff s and McBeth's conduct at Plaintiff s deposition and states that the jury can infer from such conduct that the missing documents in the manila folder are unfavorable to Plaintiff and her position in this case. (Ordered by Magistrate Judge Jeffrey L Cureton on 2/8/2016) (npk)
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| Filing 62 Notice of Filing of Official Electronic Transcript of Evidentiary Hearing Proceedings held on 1-14-16 before Judge Jeffrey L. Cureton. 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 termin If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (133 pages) Redaction Request due 2/9/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016. (apw) |
| Filing 61 NOTICE of Plaintiff's Summary of Hearing Evidence and Testimony in Response and Opposition to Defendant's Motion for Show Cause Hearing, Contempt and Sanctions for Spoliation of Evidence and Motion to the Court for Denial of Defendant's Motion for Contempt and Sanctions for Spoliation of Evidence re: #58 Evidentiary Hearing filed by Kasonia L. Carter (McBeth, Hiram) Modified on 1/19/2016 (npk). |
| Filing 60 Brief/Memorandum in Support filed by Burlington Northern Santa Fe LLC re #43 MOTION for Order to Show Cause , #58 Evidentiary Hearing,,, (Cawyer, Russell) |
| Filing 59 NOTICE of Plaintiff's Summary of Hearing Evidence and Testimony in REsponse and Opposition to Defendant's Motion for Show Cause Hearing, Contempt and Sanctions for Spoliation of Evidence and Motion to the Court for Denial of Defendant's Motion for Contempt and Sanctions for Spoliation of Evidence re: #58 Evidentiary Hearing,,, filed by Kasonia L. Carter (McBeth, Hiram) |
| Filing 58 Minute Entry for proceedings held before Magistrate Judge Jeffrey L Cureton: Evidentiary Hearing held on 1/14/2016. Evidentiary hearing on Defendant's Motion for Show Cause Hearing, Contempt and Sanctions for Spoliation of Evidence [doc. 43], filed December 18,2015 and Plaintiff's Motion for Sanctions [doc. 46], filed December 23, 2015. Plaintiff's Motion for Sanctions [doc. 46] was DENIED. Defendant's motion [doc. 43] was taken under advisement. Written summations from both parties as set forth at the hearing are due no later than 12:00 p.m. on Monday, January 18, 2016. Attorney Appearances: Plaintiff - Hiram McBeth; Defense - Russell Cawyer and Lars Berg. (Court Reporter: Ana Warren) (Exhibits admitted) Time in Court - 03:15. (npk) |
| Filing 57 Exhibit List by Burlington Northern Santa Fe LLC. (Cawyer, Russell) |
| Filing 56 Witness List by Burlington Northern Santa Fe LLC. (Cawyer, Russell) |
| Filing 55 Appendix in Support filed by Burlington Northern Santa Fe LLC re #54 Response/Objection to Plaintiff's Motion for Sanctions (Cawyer, Russell) |
| Filing 54 RESPONSE filed by Burlington Northern Santa Fe LLC re: MOTION for Sanctions (Cawyer, Russell) |
| Filing 53 NOTICE OF RULE 26 SUPPLEMENTAL DISCLOSURES by Kasonia L. Carter. (McBeth, Hiram) Modified on 1/13/2016 (npk). |
| Filing 52 Exhibit List Plaintiff's Motion Hearing Exhibit List by Kasonia L. Carter. (McBeth, Hiram) |
| Filing 51 NOTICE of Filing Deposition Transcript filed by Burlington Northern Santa Fe LLC (Attachments: #1 Letter to Magistrate Judge Cureton) (Cawyer, Russell) |
| Filing 50 Appendix in Support filed by Burlington Northern Santa Fe LLC re #49 Reply to Plaintiff's Response to BNSF's Motion for Show Cause Hearing (Cawyer, Russell) |
| Filing 49 REPLY filed by Burlington Northern Santa Fe LLC re: #43 MOTION for Order to Show Cause (Cawyer, Russell) |
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Filing 48
ORDER SETTING HEARING ON DEFENDANT'S MOTION FOR SHOW CAUSE HEARING, CONTEMPT AND SANCTIONS FOR SPOLIATION OF EVIDENCE AND PLAINTIFF'S MOTION FOR SANCTIONS. Motion Hearing set for 1/14/2016 03:00 PM before Magistrate Judge Jeffrey L Cureton re: #46 Motion for Sanctions, #43 Defendant's Motion for Show Cause Hearing, Contempt and Sanctions for Spoliation of Evidence. (Ordered by Magistrate Judge Jeffrey L Cureton on 1/4/2016) (npk)
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Filing 47
ORDER referring Motion for Order to Show Cause to Judge Cureton. (Ordered by Judge Reed C O'Connor on 12/24/2015) (Judge Reed C O'Connor)
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| MOTION for Sanctions filed by Kasonia L. Carter (incorporated in Response #46 ) (ewd). |
| Filing 46 RESPONSE filed by Kasonia L. Carter re: #43 MOTION for Order to Show Cause (Attachments: #1 Exhibit(s) Exhibit A) (McBeth, Hiram) |
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Filing 45
ORDER: Before the Court is Defendant's Motion for Order to Show Cause and Motion for Spoliation Sanctions (ECF No. 43), filed December 18, 2015. The Court finds that expedited briefing is necessary to resolve Defendant's Motion and advance the case in a timely fashion. See L.R. 7.1. Accordingly, it is ORDERED that the plaintiff respond to the motion on or before December 23, 2015. Plaintiff should address the specific evidentiary issues identified by Defendant and provide Plaintiff's availability for a hearing on the motion should such a hearing become necessary. Response due by 12/23/2015 (Ordered by Judge Reed C O'Connor on 12/21/2015) (trt)
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| Filing 44 Appendix in Support filed by Burlington Northern Santa Fe LLC re #43 MOTION for Order to Show Cause (Cawyer, Russell) |
| Filing 43 MOTION for Order to Show Cause filed by Burlington Northern Santa Fe LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cawyer, Russell) Modified on 1/19/2016 (npk). |
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Filing 42
ORDER: In accordance with the Courts Order granting Defendant's Emergency Motion to Preserve Documents (ECF No. 40), Plaintiff provided the Manilla folder at issue for in camera inspection. See Order, Dec. 16, 2015. The manila folder included an unmarked copy of Plaintiff's Complaint, the first page of an apparent BNSF Railway Company Performance Management Process Form, and an apparent grocery list. The Court retains the Manilla folder and its contents. If Defendant desires the folder and its contents, it should file an appropriate motion and brief with the Court. (Ordered by Judge Reed C O'Connor on 12/17/2015) (trt)
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Filing 41
ORDER granting #40 Motion (Ordered by Judge Reed C O'Connor on 12/16/2015) (Judge Reed C O'Connor)
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| Filing 40 MOTION Emergency Motion to Preserve Documents filed by Burlington Northern Santa Fe LLC (Attachments: #1 Proposed Order) (Biggs, Paige) |
| Filing 39 RESPONSE filed by Kasonia L. Carter re: 25 Order on Motion to Compel (McBeth, Hiram) |
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Filing 38
ELECTRONIC ORDER: Amending Court's Order (ECF No. 37); Deadline to conduct mediation is on or before 1/13/2016. (Ordered by Judge Reed C O'Connor on 11/10/2015) (chmb)
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Filing 37
ORDER granting #34 Joint Motion to Extend Time to Conduct Mediation. Deadline for mediation is on or before 1/12/2016. (Ordered by Judge Reed C O'Connor on 11/10/2015) (ewd)
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| Filing 36 Appendix in Support filed by Burlington Northern Santa Fe LLC re #35 Brief/Memorandum in Support of Motion (Cawyer, Russell) |
| Filing 35 Brief/Memorandum in Support filed by Burlington Northern Santa Fe LLC re #32 Order Setting Deadline/Hearing, (Cawyer, Russell) |
| Filing 34 Joint MOTION to Extend Time To Conduct Mediation filed by Burlington Northern Santa Fe LLC, Kasonia L. Carter (Attachments: #1 Proposed Order) (Cawyer, Russell) |
| Filing 33 NOTICE of Plaintiff's Second Notice to the Court re: 25 Order on Motion to Compel filed by Kasonia L. Carter (McBeth, Hiram) |
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Filing 32
ORDER: The Court finds that responsive briefing is necessary to fully evaluate the Notices. Accordingly, the Court ORDERS Defendant to file a responsive brief on or before November 9, 2015. The parties are reminded of their obligation to confer on motions to the Court in compliance with L.R. 7.1. (Ordered by Judge Reed C O'Connor on 11/4/2015) (ewd)
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| Filing 31 NOTICE of Plaintiff Notice if Compliance providing Plaintiff's First Supplemental Responses to Defendant First Set of Interrogatories to Plaintiff and Plaintiff's First Supplemental Responses to Defendant's First Request for Production of Documents to Plaintiff re: 25 Order on Motion to Compel filed by Kasonia L. Carter (McBeth, Hiram) |
| Filing 30 NOTICE of Non-Compliance with Court Order re: 25 Order on Motion to Compel filed by Burlington Northern Santa Fe LLC (Cawyer, Russell) |
| Filing 29 ANSWER to #1 Complaint,,,, filed by Burlington Northern Santa Fe LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Cawyer, Russell) |
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Filing 28
Order. In accordance with the Court's Order (ECF No. 16), the Court DISMISSES WITH PREJUDICE Plaintiff's claims for disparate-treatment discrimination (based on categories other than race), disparate-impact discrimination, failure-to-promote discrimination, hostile work environment, defamation, and wrongful termination under 1983. The case will proceed on Plaintiff's claims for disparate treatment discrimination (based on race) and wrongful termination based on race. (Ordered by Judge Reed C O'Connor on 10/27/2015) (trt)
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| Filing 27 NOTICE of Notice to the Court filed by Burlington Northern Santa Fe LLC (Cawyer, Russell) |
| Filing 26 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Motion to Compel Hearing held on 10/27/2015. Motion granted. Attorney Appearances: Plaintiff - Hiram McBeth, III; Defense - Russell Cawyer. (Court Reporter: Denver Roden) (No exhibits) Time in Court - :24. (chmb) |
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Filing 25
ELECTRONIC ORDER granting #17 Motion to Compel. Responses due no later than 5:00 pm on November 2, 2015. (Ordered by Judge Reed C O'Connor on 10/27/2015) (Judge Reed C O'Connor)
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Filing 24
ORDER deferring ruling on #17 Motion to Compel Motion Hearing set for 10/27/2015 10:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 10/24/2015) (Judge Reed C O'Connor)
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Filing 23
ORDER deferring ruling on #17 Motion to Compel. Motion Hearing set for 10/27/2015 10:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 10/24/2015) (chmb)
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| Filing 22 Appendix in Support filed by Burlington Northern Santa Fe LLC re #21 Reply in Support of Motion to Compel (Cawyer, Russell) |
| Filing 21 REPLY filed by Burlington Northern Santa Fe LLC re: #17 MOTION to Compel Discovery Responses and Production (Cawyer, Russell) |
| Filing 20 RESPONSE filed by Kasonia L. Carter re: #17 MOTION to Compel Discovery Responses and Production (McBeth, Hiram) |
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Filing 19
ORDER deferring ruling on #17 Motion to Compel Response due by 10/22/2015 Reply due by 10/23/2015. (Ordered by Judge Reed C O'Connor on 10/19/2015) (Judge Reed C O'Connor)
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| Filing 18 Appendix in Support filed by Burlington Northern Santa Fe LLC re #17 MOTION to Compel Discovery Responses and Production (Biggs, Paige) |
| Filing 17 MOTION to Compel Discovery Responses and Production filed by Burlington Northern Santa Fe LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Biggs, Paige) |
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Filing 16
ORDER granting in part and denying in part #5 Motion to Dismiss. The Court GRANTS BNSFs Motion to Dismiss as to Carter's claims for disparate-treatment discrimination (based on categories other than race), disparate-impact discrimination, failure-to promote discrimination, hostile work environment, defamation, wrongful termination under 1983, and DENIES BNSFs Motion to Dismiss as to Carters claims for disparate-treatment discrimination (based on race) and wrongful termination based on race. If Plaintiff wishes to cure the deficiencies identified in the Order, she may do so by filing an amended complaint on or before October 23, 2015. Otherwise, the Court will dismiss all of Plaintiff's aforementioned claims with prejudice. (Ordered by Judge Reed C O'Connor on 10/9/2015) (ewd)
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| Filing 15 Sur-reply filed by Kasonia L. Carter re: #5 MOTION to Dismiss Plaintiff's Complaint and Brief in Support (McBeth, Hiram) |
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Filing 14
ORDER REQUESTING SUR-REPLY ON LIMITATIONS DEFENSE: Sur-reply due by 9/4/2015. (Ordered by Judge Reed C O'Connor on 8/24/2015) (ewd)
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Filing 13
SCHEDULING ORDER: Jury Trial set for 6/13/2016 before Judge Reed C O'Connor. Joinder of Parties due by 9/14/2015. Amended Pleadings due by 9/14/2015. Motions due by 2/15/2016. Deadline for mediation is on or before 12/16/2015. Discovery due by 1/15/2016. Pretrial Disclosures and Objections due by 5/4/2016. Pretrial Materials (pretrial order, etc.) due by 5/19/2016. (Ordered by Judge Reed C O'Connor on 7/15/2015) (ewd)
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| Filing 12 Proposal for contents of scheduling and discovery order by Burlington Northern Santa Fe LLC, Kasonia L. Carter. (Cawyer, Russell) |
| Filing 11 REPLY filed by Burlington Northern Santa Fe LLC re: #5 MOTION to Dismiss Plaintiff's Complaint and Brief in Support (Biggs, Paige) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kasonia L. Carter. (McBeth, Hiram) |
| Filing 9 RESPONSE AND OBJECTION filed by Kasonia L. Carter re: #5 MOTION to Dismiss Plaintiff's Complaint and Brief in Support (McBeth, Hiram) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Burlington Northern Santa Fe LLC. (Cawyer, Russell) |
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Filing 7
Order Requiring Scheduling Conference and Report for Contents of Scheduling Order: Scheduling conference to be held by 7/1/15; Report for Contents of Scheduling Order due by 7/15/2015. (Ordered by Judge Reed C O'Connor on 6/17/2015) (ult)
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| Filing 6 Appendix in Support filed by Burlington Northern Santa Fe LLC re #5 MOTION to Dismiss Plaintiff's Complaint and Brief in Support (Cawyer, Russell) |
| Filing 5 MOTION to Dismiss Plaintiff's Complaint and Brief in Support filed by Burlington Northern Santa Fe LLC with Brief/Memorandum in Support. (Cawyer, Russell) |
| Filing 4 New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (npk) |
| Filing 3 Summons Issued as to Burlington Northern Santa Fe LLC. (npk) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kasonia L. Carter. (McBeth, Hiram) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Kasonia L. Carter. (Filing fee $400; Receipt number 0539-6795620) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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 Cover Sheet) (McBeth, Hiram) |
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