Weaver v. Management and Training Corporation
| Candy Weaver |
| Management & Training Corporation |
| 5:2022cv00219 |
| August 23, 2022 |
| U.S. District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Civil Rights: Employment |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 31
ORDER RE: #30 , Ms. Weaver's motion for an extension of time to comply with the Court's previous Order. The Court, finding good cause for an extension of the deadline, grants the motion. It is therefore ordered that Ms. Weaver must comply with the Court's previous Order (Dkt. No. #29 ) by October 30, 2023. In particular, Ms. Weaver must file a response to the defendant's pending Motion for Summary Judgment (Dkt No. #20 ) no later than October 30, 2023. The existing deadlines in this case set forth in this Court's previous Order (Dkt. No. #29 ) are vacated and will be reset after summary judgment briefing. No further extensions will be granted. (Ordered by Judge James Wesley Hendrix on 9/29/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Fri Sep 29 10:25:48 CDT 2023 (crt) |
| Filing 30 MOTION to Extend Time to comply with the previous order (Dkt. No. #29 ) filed by Candy Weaver. (krr) |
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Filing 29
ORDER: The Court is in receipt of Ms. Weaver's notice stating that she is not currently represented by an attorney. Dkt. No. #28 . Should Ms. Weaver continue to persist in her claims, she must either (1) retain counsel who will file a notice of appearance in this action, or (2) file a notice reflecting her intention to proceed pro se, including her correct address, telephone number, and email address. In either case, Ms. Weaver or her new counsel must ensure satisfaction of all obligations and deadlines ordered by the Court. In particular, the Court orders that Ms. Weaver must file a response to the defendant's pending Motion for Summary Judgment (Dkt. No. #20 ) by no later than September 21, 2023. Further, the following pretrial deadlines and trial date set forth in the Court's original scheduling order (Dkt. No. #18 ) are modified as follows: Pretrial Disclosures and Objections new deadline is 11/20/2023. Pretrial Order, Witness List, Exhibit List, Deposition-Testimony Designations new deadline is 11/20/2023. Jury Charge, Voir Dire, Motions in Limine new deadline is 11/27/2023. Responses to Motions in Limine, Trial Briefs new deadline is 12/4/2023. Exchange of Exhibits new deadline is 11/27/2023. A Pretrial conference is to be set if necessary. The new Trial Date is 12/11/2023. (Ordered by Judge James Wesley Hendrix on 8/22/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:29. Tue Aug 22 13:59:51 CDT 2023 (crt) |
| Filing 28 RESPONSE filed by Candy Weaver RE: #27 Order to Show Cause. (krr) |
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Filing 27
ORDER TO SHOW CAUSE: The Court ordered Ms. Weaver to be present for a telephonic hearing on August 4, 2023, related to her counsel's pending Motion to Withdraw (Dkt. No. #21 .) Despite multiple attempts by Ms. Weaver's counsel to contact her and inform her of the hearing, Ms. Weaver was not present at the hearing. Accordingly, on or before August 18, 2023, Ms. Weaver must file a response showing good cause as to why she failed to appear at the hearing. Ms. Weaver shall also indicate in her response whether she has hired new counsel and whether she intends to proceed with her case. The Clerk of Court mailed this order to Ms. Weaver at the address provided. (Ordered by Judge James Wesley Hendrix on 8/4/2023) (krr)
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Filing 26
ELECTRONIC ORDER granting #21 Motion to Withdraw as Attorney. Before the Court is plaintiff's counsel's motion to withdraw as counsel for Ms. Weaver. The motion explains that counsel and Ms. Weaver "fundamentally disagree about the litigation strategy going forward, making it impossible to continue representation." Plaintiff's counsel likewise provided the Court an ex parte submission that explained their impasse in more detail. Dkt. No. 23. The Court ordered a telephonic hearing on the motion to withdraw and ordered Ms. Weaver to be present. Dkt. No. 24. Ms. Weaver did not appear as ordered. Dkt. No. 25. Given plaintiff's counsel's motion, the ex parte submission, and Ms. Weaver's absence from today's hearing, which corroborates plaintiff's counsel's representations, the Court finds good cause to permit plaintiff's counsel to withdraw. The motion to withdraw is granted. Walker Green Harman, Jr. and Evan Richardson are terminated as counsel in this case. The Court will issue a separate show-cause order to Ms. Weaver to ensure her knowledge of these developments and to determine the next steps. (Ordered by Judge James Wesley Hendrix on 8/4/2023)
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| Filing 25 ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Telephonic Hearing on the Motion to Withdraw Hearing not held on 8/4/2023. HEARING NOT HELD. The Court ordered a hearing on the plaintiff's counsel's Motion to Withdraw at 1:00 today, August 4, 2023. #24 The Court ordered the plaintiff, Candy Weaver, to be present at the hearing. Ms. Weaver was not present, and both side's efforts to contact her were fruitless. Because of her absence, the hearing was not held. Attorney Appearances: Plaintiff - Walker Green Harman, Jr.; Defense - Stephen Hart. (Court Reporter: Not Recorded) (No exhibits) Time in Court - :15. (bmh) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Fri Aug 4 15:10:40 CDT 2023 (crt) |
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Filing 24
ORDER: Before the Court is Walker G. Harman, Jr. and The Harman Firm, LLP's motion to withdraw as counsel for the plaintiff in this matter. Dkt. No. #21 . The Court will hold a telephonic hearing on the motion at 1:00p.m. CST on August 4, 2023. Ms. Weaver must be present on the call. The Court will disseminate dial-in information to the parties before the hearing. Additionally, the upcoming deadline for the plaintiff to respond to the defendant's motion for summary judgment (Dkt. No. #20 ) is temporarily vacated until further notice. (Ordered by Judge James Wesley Hendrix on 7/31/2023) (krr)
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Filing 22
ELECTRONIC ORDER: Before the Court is #21 Motion to Withdraw as Attorney. The Court needs more information to resolve the motion. Thus, the Court ORDERS Plaintiff's counsel, Walker G. Harman, Jr., to file a sealed, ex parte notice detailing to the extent possible the nature of the asserted disagreement. In light of the pending summary judgment motion, the notice must be filed not later than July 26, 2023. (Ordered by Judge James Wesley Hendrix on 7/21/2023)
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| Filing 21 MOTION to Withdraw as Attorney filed by Candy Weaver (Harman, Walker) |
| Filing 20 MOTION for Summary Judgment filed by Management & Training Corporation with Brief/Memorandum in Support. (Attachments: #1 Brief in Support of Motion for Summary Judgment, #2 Appendix, #3 Proposed Order) (Hart, Stephen) |
| Filing 19 NOTICE of Attorney Appearance by Evan Richardson on behalf of Candy Weaver. (Filer confirms contact info in ECF is current.) (Richardson, Evan) |
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Filing 18
SCHEDULING ORDER: Joinder of Parties due by 11/10/2022. Amendment of Pleadings due by 01/17/2023. Initial Expert Designation & Report due by 04/28/2023. Responsive Expert Designation & Report 05/26/2023. Completion of Discovery due by 6/30/2023. Expert Objections due by 06/16/2023. Dispositive Motions due by 7/14/2023. Pretrial Disclosures and Objections due by 10/23/2023. Pretrial Order due by 10/23/2023. Pretrial Materials due by 10/23/2023. Pretrial Conference to be set if necessary. Jury Trial set for 11/13/2023 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 11/2/2022) (lkw)
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Filing 17
ORDER: Before the Court is Management & Training Corporation's unopposed motion to waive the local counsel requirements set forth in Local Civil Rule 83.10. Dkt. No. #15 . For the reasons stated in the motion, the motion is granted. (Ordered by Judge James Wesley Hendrix on 10/28/2022) (krr)
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| Filing 16 Joint STATUS REPORT filed by Management & Training Corporation. (Hart, Stephen) |
| Filing 15 Unopposed MOTION for Leave to File Motion to Proceed Without Local Counsel filed by Management & Training Corporation (Hart, Stephen) |
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Filing 14
ORDER: Before the Court is Candy Weaver's unopposed motion to waive the local counsel requirements set forth in Local Civil Rule 83.10. Dkt. No. #13 . For the reasons stated in the motion, the motion is granted. (Ordered by Judge James Wesley Hendrix on 10/25/2022) (krr)
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| Filing 13 REPLY filed by Candy Weaver re: #12 Order Setting Deadline/Hearing, (Harman, Walker) |
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Filing 12
ORDER: The Court, having reviewed the docket in this case, notes that Candy Weaver is not in compliance with the local-counsel requirement set out by this Court's Local Civil Rules. Weaver is therefore ordered to obtain local counsel or file a motion to proceed without local counsel detailing current counsel's availability for hearings and ability to comply with the local rules of this Court by October 28, 2022. (Ordered by Judge James Wesley Hendrix on 10/14/2022) (krr)
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Filing 11
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer at a scheduling conference as soon as practicable, but in any event no later than October 31, 2022. The Joint Report shall be filed on or before November 14, 2022. (Ordered by Judge James Wesley Hendrix on 10/14/2022) (krr)
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| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Management & Training Corporation. (Clerk QC note: No affiliate entered in ECF). (Hart, Stephen) |
| Filing 9 ANSWER to #1 Complaint,,,, filed by Management & Training Corporation. 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. Attorney Stephen E Hart added to party Management & Training Corporation(pty:dft) (Hart, Stephen) |
| Filing 8 SUMMONS Returned Executed as to Management & Training Corporation ; served on 9/10/2022. (Harman, Walker) |
| Filing 7 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. (bmh) |
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Filing 6
Order: In the interest of justice and for the convenience of the parties, this action is hereby transferred, pursuant to 28 U.S.C. 1404(a), to the Lubbock Division of the Northern District of Texas for the reasons set forth in the court's 8/30/2022 order (Doc. #4 ) and Plaintiff's response (Doc. #5 ). (Ordered by Judge Sam A. Lindsay on 9/1/2022) (ykp)
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| NEW CASE NUMBER 5:22-cv-219 has been opened following the order of transfer entered in case number 3:22-cv-1864. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (rekc) |
| Filing 5 RESPONSE filed by Candy Weaver re: #4 Order to Show Cause/Order to Answer, (Harman, Walker) |
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Filing 4
Order to Show Cause. By 9/7/2022, Plaintiff shall explain in writing why this action should not be transferred in the interest of justice and for the convenience of the parties, pursuant to 28 U.S.C. 1404(a), to the Northern District of Utah or the Lubbock Division of the Northern District of Texas. (Ordered by Judge Sam A. Lindsay on 8/30/2022) (chmb)
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| Filing 3 Summons Issued as to Management and Training Corporation. (mms) |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mms) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Management and Training Corporation filed by Candy Weaver. (Filing fee $402; Receipt number 0539-13055740) Clerk to issue summons(es). 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. (Harman, Walker) Modified parties on 8/23/2022 (mms). |
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| Plaintiff: Candy Weaver | |
| Represented By: | Evan Richardson |
| Represented By: | Walker Green Harman, Jr. |
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| Defendant: Management & Training Corporation | |
| Represented By: | Stephen E Hart |
| Represented By: | Raha Assadi |
| Represented By: | Veronica T Hunter |
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