Stollings v. Texas Tech University et al
| Marlene Stollings |
| Texas Tech University and Kirby Hocutt |
| 5:2020cv00250 |
| October 20, 2020 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Civil Rights: Education |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.
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Filing 52
ORDER OF DISMISSAL: The joint stipulation is approved. It is ordered that the plaintiff's claims against the defendants are dismissed with prejudice, and the Clerk of Court is directed to close this case. The parties shall each bear their own costs and attorneys' fees. (Ordered by Judge James Wesley Hendrix on 8/11/2022) (bdg)
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Civil Case Terminated. (bdg)
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Filing 51
STIPULATION OF DISMISSAL by Marlene Stollings. (Weaver, Angelique)
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Filing 50
ORDER MODIFYING SCHEDULING ORDER: ORDER granting #49 Joint Motion to Modify Scheduling Order. Completion of Discovery due by 8/26/2022. Deadline for mediation is on or before 6/17/2022. Dispositive Motions due by 9/16/2022. Pretrial Materials- Pretrial Orders, Witness List and Exhibit List and Deposition Designations due by 1/23/2023. Jury Trial set for 2/13/2023 at 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 4/25/2022) (bmh)
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Filing 49
MOTION Joint Motion To Modify Scheduling Order filed by Kirby Hocutt, Texas Tech University (Farrell, Jeffrey)
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Filing 48
MEMORANDUM OPINION AND ORDER: The Court grants defendants' Partial Motion to Dismiss Plaintiff's Second Amended Complaint. (Dkt. No. #43 ), except as to a claim for reinstatement under Count XIII. Therefore, Counts I-VI and IX-XII are dismissed. Count XIII, insofar as it requests equitable relief other than reinstatement, is also dismissed. (Ordered by Judge James Wesley Hendrix on 3/18/2022) (krr)
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Filing 47
ORDER granting #46 Motion to Withdraw and Substitute Counsel. It is ordered that Jeffrey E Farrell is substituted as counsel for the defendants. Attorney Cynthia Oghenovo Akatugba terminated. (Ordered by Judge James Wesley Hendrix on 1/7/2022) (bdg)
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Filing 46
Unopposed MOTION to Withdraw as Attorney and Substitute Counsel filed by Kirby Hocutt, Texas Tech University (Attachments: #1 Proposed Order)Attorney Jeffrey E Farrell added to party Kirby Hocutt(pty:dft), Attorney Jeffrey E Farrell added to party Texas Tech University(pty:dft) (Farrell, Jeffrey)
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Filing 45
REPLY filed by Kirby Hocutt, Texas Tech University re: #43 MOTION to Dismiss Second Amended Complaint (Akatugba, Cynthia)
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Filing 44
RESPONSE filed by Marlene Stollings re: #43 MOTION to Dismiss Second Amended Complaint (Weaver, Angelique)
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Filing 43
MOTION to Dismiss Second Amended Complaint filed by Kirby Hocutt, Texas Tech University with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s), #2 Exhibit(s) Appendix) (Akatugba, Cynthia)
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Filing 42
AMENDED COMPLAINT WITH JURY DEMAND SECOND against All Defendants filed by Marlene Stollings. 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. (Weaver, Angelique)
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Filing 41
SCHEDULING ORDER: Joinder of Parties by 10/10/2021. Motions due by 5/20/2022. Discovery due by 4/29/2022. Pretrial Order due by 8/29/2022. Pretrial Materials due by 8/29/2022. Jury Trial set for 9/19/2022 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. Counsel and the parties are expected to comply fully with this Order. Failure to comply will cause the Court to consider the entire range of sanctions available. (Ordered by Judge James Wesley Hendrix on 9/13/2021) (lkw)
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Filing 40
ORDER denying as MOOT #12 Defendant's Motion to Dismiss Plaintiff's Original Complaint. (Ordered by Harlin D Hale on 9/8/2021) (lkw)
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Filing 39
Joint STATUS REPORT filed by Kirby Hocutt, Texas Tech University. (Akatugba, Cynthia)
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Filing 38
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS IN PART: The Court grants the motion to dismiss in part and denies it in part. Accepting, as it must at the dismissal stage, all well-pleaded facts as true, the Court finds that Stollings has stated a claim under Title VII for discrimination and Title IX for retaliation and that these claims are not barred. But the Court finds that the state-law claims are barred by sovereign immunity and that the defendants are not the proper parties to a Section 1983 claim. Accordingly, the Court dismisses these claims. The Court grants Stollings's request for leave to amend her complaint, and she may do so within 21 days of the issuance of this order. re: #17 MOTION to Dismiss Plaintiff's Amended Complaint-Partial (Ordered by Judge James Wesley Hendrix on 8/25/2021) (lkw)
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Filing 37
NOTICE of Change of Address for Attorney Peter R Ginsberg on behalf of Marlene Stollings. (Filer confirms contact info in ECF is current.) (Ginsberg, Peter)
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Filing 36
NOTICE of Change of Address for Attorney Peter R Ginsberg on behalf of Marlene Stollings. (Filer confirms contact info in ECF is current.) (Ginsberg, Peter)
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Filing 35
ORDER granting #34 Motion to Withdraw as Attorney; #34 Motion to Substitute Attorney. It is therefore ordered that Cynthia Akatugba is substituted as counsel for the defendants. Attorney Dominique Stafford terminated. (Ordered by Judge James Wesley Hendrix on 6/28/2021) (bmh)
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Filing 34
Unopposed MOTION to Withdraw as Attorney Dominique Stafford, Unopposed MOTION to Substitute Attorney, Cynthia Akatugba added attorney Cynthia Oghenovo Akatugba,Cynthia Oghenovo Akatugba for Texas Tech University filed by Texas Tech University (Attachments: #1 Proposed Order)Attorney Cynthia Oghenovo Akatugba added to party Texas Tech University(pty:dft) (Akatugba, Cynthia) Modified text on 6/25/2021 (bdg).
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Filing 33
REPLY filed by Marlene Stollings re: #31 Response/Objection (Weaver, Angelique)
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Filing 32
ORDER granting #27 Motion to Stay Discovery. The Court construed request within document number #27 as a motion to stay. The Court finds that a stay of discovery is appropriate. (Ordered by Judge James Wesley Hendrix on 4/13/2021) (zzm)
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Filing 31
RESPONSE filed by Kirby Hocutt, Texas Tech University re: #26 Reply (Attachments: #1 Exhibit(s)) (Stafford, Dominique)
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Filing 30
ORDER GRANTING EXTENSION. The Court grants #29 Defendant's Unopposed Motion to Extend Time to File a Response to Plaintiff's Rule 7(a) Reply. It is therefore ordered that defendant may file a response to plaintiff's Rule 7(a ) Reply no later than April 9, 2021. Stollings may file her reply no later than April 23, 2021. (Ordered by Judge James Wesley Hendrix on 4/2/2021) (zzm)
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Filing 29
MOTION for Extension of Time to File Response/Reply to #26 Reply filed by Kirby Hocutt, Texas Tech University (Attachments: #1 Proposed Order) (Stafford, Dominique)
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Filing 28
REPLY filed by Kirby Hocutt, Texas Tech University re: #17 MOTION to Dismiss Plaintiff's Amended Complaint-Partial (Stafford, Dominique)
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Filing 27
Proposal for contents of scheduling and Motion to Stay Discovery by Marlene Stollings. (Weaver, Angelique) Modified event on 4/13/2021 (zzm).
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Filing 26
REPLY filed by Marlene Stollings re: #21 Order Setting Deadline/Hearing,, (Weaver, Angelique)
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Filing 25
RESPONSE filed by Marlene Stollings re: #17 MOTION to Dismiss Plaintiff's Amended Complaint-Partial (Weaver, Angelique)
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Filing 24
ORDER GRANTING EXTENSIONS. The Court grants #23 Motion to Extend Time to File an Opposition to Defendant's Motion to Dismiss and Rule 7(a) Reply. It is therefore ordered that Stollings may file a response to Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Dkt. Nos. 17-19) no later than March 8, 2021. Stollings may file her Rule 7(a) reply no later than March 19, 2021. (Ordered by Judge James Wesley Hendrix on 3/2/2021) (zzm)
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Filing 23
MOTION for Extension of Time to File Response/Reply to #21 Order Setting Deadline/Hearing,, #17 MOTION to Dismiss Plaintiff's Amended Complaint-Partial filed by Marlene Stollings (Attachments: #1 Proposed Order) (Weaver, Angelique)
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Filing 22
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party and any unrepresented party shall confer at a scheduling conference as soon as practicable, but in any event no later than March 5, 2021. The Joint Report shall be filed on or before March 19, 2021. (Ordered by Judge James Wesley Hendrix on 2/19/2021) (zzm)
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Filing 21
ORDER REQUIRING RULE 7(a) REPLY: The Court orders Stollings to file a detailed reply pursuant to Rule 7(a) in response to Hocutts contention that he is entitled to qualified immunity by March 12, 2021. Defendant Hocutt may file a supplemental brief in support of his Partial Motion to Dismiss that responds to plaintiff's Rule 7(a) reply within 14 days after plaintiff files her reply. Any further requests for briefing on the issue of qualified immunity must be submitted by motion or included in the parties' anticipated Joint Report Regarding Contents of Scheduling Order. (Ordered by Judge James Wesley Hendrix on 2/19/2021) (zzm)
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Filing 20
ORDER GRANTING EXTENSION: The Court grants the #16 motion. It is therefore ordered that Defendants may file a responsive pleading to Plaintiff's First Amended Complaint no later than February 9, 2021. (Ordered by Judge James Wesley Hendrix on 2/9/2021) (krr)
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Filing 19
Appendix in Support filed by Kirby Hocutt, Texas Tech University re #18 Brief/Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Amended Complaint-Partial (Stafford, Dominique)
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Filing 18
Brief/Memorandum in Support filed by Kirby Hocutt, Texas Tech University re #17 MOTION to Dismiss Plaintiff's Amended Complaint-Partial (Stafford, Dominique)
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Filing 17
MOTION to Dismiss Plaintiff's Amended Complaint-Partial filed by Kirby Hocutt, Texas Tech University (Attachments: #1 Proposed Order) (Stafford, Dominique)
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Filing 16
MOTION for Extension of Time to File Response/Reply to #15 Amended Complaint,, filed by Kirby Hocutt, Texas Tech University (Attachments: #1 Proposed Order) (Stafford, Dominique)
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Filing 15
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Marlene Stollings. 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. (Weaver, Angelique)
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Filing 14
Appendix in Support filed by Kirby Hocutt, Texas Tech University re #12 MOTION to Dismiss , #13 Brief/Memorandum in Support of Motion (Stafford, Dominique)
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Filing 13
Brief/Memorandum in Support filed by Kirby Hocutt, Texas Tech University re #12 MOTION to Dismiss (Stafford, Dominique)
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Filing 12
MOTION to Dismiss filed by Kirby Hocutt, Texas Tech University (Attachments: #1 Proposed Order) (Stafford, Dominique)
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Filing 11
REQUEST FOR WAIVER of Service sent to Dominique Stafford on 11/2/2020 by Marlene Stollings. (Weaver, Angelique)
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Filing 10
ORDER granting #7 Application for Admission Pro Hac Vice of Peter R. Ginsberg. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 10/21/2020) (krr)
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Filing 9
Summons Issued as to Texas Tech University and Kirby Hocutt. (bdg)
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Filing 8
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. Clerk to provide copy to plaintiff if not received electronically. (bdg)
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Filing 7
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Peter R. Ginsburg (Filing fee $100; Receipt number 0539-11284756) filed by Marlene Stollings (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Weaver, Angelique)
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Filing 6
Request for Clerk to issue Summons filed by Marlene Stollings. (Weaver, Angelique)
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Filing 5
Request for Clerk to issue Summons filed by Marlene Stollings. (Weaver, Angelique)
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Filing 4
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. Clerk to provide copy to plaintiff if not received electronically. (zzm)
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Marlene Stollings. (Weaver, Angelique)
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Filing 2
NOTICE of Civil Cover Sheet re: #1 Complaint,,,, filed by Marlene Stollings (Weaver, Angelique)
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Filing 1
COMPLAINT WITH JURY DEMAND against All Defendants filed by Marlene Stollings. (Filing fee $400; Receipt number 0539-11284312) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Weaver, Angelique)
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