Byrd et al v. Clay County Sheriff's Department
| Gary Tatum, Linda Byrd and Tyler Aylor |
| Clay County Sheriff's Department |
| Sandra Lauro |
| 7:2021cv00027 |
| April 19, 2021 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2615 Family and Medical Leave |
| Both |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 65 Opinion of USCA No. 22-10746 in accordance with USCA judgment re #61 Notice of Appeal, filed by Linda Byrd. AFFIRMED. (tle) |
| Filing 64 JUDGMENT/MANDATE of USCA No. 22-10746 as to #61 Notice of Appeal, filed by Linda Byrd. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED.IT IS FURTHER ORDERED that Appellant pay to Appellee the costs on appeal to be taxed by the Clerk of this Court. Issued as Mandate: 5/19/2023. (Attachments: #1 USCA5 Cover Letter) (tle) |
| APPEARANCE FORM FILED at USCA5 by Attorney Nicholas Alban O'Kelly for Appellant Linda Byrd in 22-10746. Access to the EROA has been granted. (tle) |
| Record on Appeal for USCA5 22-10746 (related to #61 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (tle) |
| Filing 63 Received letter from United States Court of Appeals 5th Circuit 22-10746. Attached is a revised case caption, which should be used on all future filings in this case. (tle) |
| Filing 62 USCA Case Number 22-10746 in United States Court of Appeals Fifth Circuit for #61 Notice of Appeal, filed by Linda Byrd. (tle) |
| Filing 61 NOTICE OF APPEAL as to #60 Order on Motion for Summary Judgment to the Fifth Circuit by Linda Byrd. Filing fee $505, receipt number 0539-13011117. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (O'Kelly, Nicholas) |
Filing 60
ORDER: Before the Court are Defendant Clay County's #31 Motion for Summary. The Court GRANTS Clay County's Motion for Summary Judgment. (Ordered by Judge Reed C. O'Connor on 7/12/2022) (mmw)
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| Filing 59 PLAINTIFF'S SUR-REPLY IN RESPONSE TO DEFENDANT'S #31 MOTION FOR SUMMARY JUDGEMENT (mmw) |
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Filing 58
ORDER: Before the Court is Plaintiffs' #42 Motion for Leave to File Sur-Reply in Opposition toDefendant' s Motion for Summary Judgment. The Court GRANTS the motion. (Ordered by Judge Reed C. O'Connor on 7/12/2022) (mmw)
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| Filing 57 NOTICE of Regarding Status of Face to Face Settlement Conference filed by Clay County Sheriff's Department (Valenzuela, Francisco) |
| Filing 56 Proposed Voir Dire by Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 55 TRIAL BRIEF by Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 54 Witness List by Linda Byrd. (O'Kelly, Nicholas) |
| Filing 53 Witness List by Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 52 Exhibit List by Linda Byrd. (O'Kelly, Nicholas) |
| Filing 51 Exhibit List by Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 50 OBJECTION filed by Clay County Sheriff's Department re: #45 Pretrial Disclosures (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
| Filing 49 MOTION in Limine filed by Clay County Sheriff's Department (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
| Filing 48 Proposed Jury Charge filed by Linda Byrd. (O'Kelly, Nicholas) |
| Filing 47 Designation of lead counsel Francisco J Valenzuela for Defendant Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 46 NOTICE of Attorney Appearance by Christopher Thomas Brandt on behalf of Clay County Sheriff's Department. (Filer confirms contact info in ECF is current.) (Brandt, Christopher) |
| Filing 45 Plaintiff's Pretrial Disclosures filed by Linda Byrd. (O'Kelly, Nicholas) |
| Filing 44 Pretrial Disclosures filed by Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 43 RESPONSE filed by Clay County Sheriff's Department re: #42 MOTION for Leave to File Plaintiff's Sur-Reply in Opposition to Defendant's Motion for Summary Judgment and Brief in Support (Attachments: #1 Exhibit(s) Appendix, #2 Proposed Order, #3 Proposed Order) (Valenzuela, Francisco) |
| Filing 42 MOTION for Leave to File Plaintiff's Sur-Reply in Opposition to Defendant's Motion for Summary Judgment and Brief in Support filed by Linda Byrd (Attachments: #1 Exhibit(s) Plaintiff's PROPOSED Sur-Reply in Response to Defendant's Motion for Summary Judgment) (O'Kelly, Nicholas) |
| Filing 41 ADDITIONAL ATTACHMENTS to #39 Appendix in Support by Defendant Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 40 OBJECTION filed by Clay County Sheriff's Department re: #36 Response/Objection (Valenzuela, Francisco) |
| Filing 39 Appendix in Support filed by Clay County Sheriff's Department re #38 Reply (Valenzuela, Francisco) |
| Filing 38 REPLY filed by Clay County Sheriff's Department re: #31 MOTION for Summary Judgment (Valenzuela, Francisco) |
| Filing 37 MOTION for Extension of Time to File Response/Reply to #36 Response/Objection filed by Clay County Sheriff's Department (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
| Filing 36 RESPONSE filed by Linda Byrd re: #31 MOTION for Summary Judgment (O'Kelly, Nicholas) |
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Filing 35
ORDER: Before the Court is Plaintiff's Unopposed #34 Motion for Leave to Extend Deadline to File Response to Defendant's Motion for Summary Judgment and Brief in Support. Having consider the Motion, briefing, and applicable law, the Court finds it is GRANTED. Plaintiff must file any response on or by May 2, 2022. (Ordered by Judge Reed C. O'Connor on 4/20/2022) (mmw)
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| Filing 34 MOTION for Extension of Time to File Response/Reply to #32 Brief/Memorandum in Support of Motion, #33 Appendix in Support, #31 MOTION for Summary Judgment filed by Linda Byrd (Attachments: #1 Proposed Order) (O'Kelly, Nicholas) |
| Filing 33 Appendix in Support filed by Clay County Sheriff's Department re #32 Brief/Memorandum in Support of Motion, #31 MOTION for Summary Judgment (Attachments: #1 Exhibit(s)) (Valenzuela, Francisco) |
| Filing 32 Brief/Memorandum in Support filed by Clay County Sheriff's Department re #31 MOTION for Summary Judgment (Valenzuela, Francisco) |
| Filing 31 MOTION for Summary Judgment filed by Clay County Sheriff's Department with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
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Filing 30
ORDER: Before the Court is Parties' Agreed Motion for Dismissal of All Plaintiff Gary Tatum's Claims with Prejudice (ECF No. #29 ), filed March 7, 2022. The Parties have informed the Court they have settled Tatum's claims relating to this cause of action. Therefore, the Court ORDERS Tatum's claims be DISSMISSED with prejudice as to each and all of the claims which Tatum had, has, or could have asserted in this matter. Further, each party SHALL bear its own costs and attorney's fees incurred in conjunction with this matter. (Ordered by Judge Reed C. O'Connor on 3/7/2022) (sre)
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| Filing 29 Agreed MOTION to Dismiss All of Plaintiff Gary Tatum's Claims with Prejudice filed by Clay County Sheriff's Department (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
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Filing 28
ORDER granting #27 ...Before the Court is Parties Agreed Motion for Extension of Deadlines and Continuance of Trial (ECF No. #27 ), filed February 21, 2022. After considering the briefing and applicable law, the Court finds the Motion should be GRANTED in part. (Ordered by Judge Reed C. O'Connor on 2/22/2022) (wxc)
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| Filing 27 Agreed MOTION to Continue Trial and for Extension of Deadlines filed by Clay County Sheriff's Department (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
| Filing 26 SETTLEMENT CONFERENCE REPORT filed by Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 25 Alternative Dispute Resolution Summary filed by Sandra Lauro. Attorneys in Attendance: Nicholas O'Kelley and Francisco Valenzuela. Prv Fee: $ $1600. Outcome of ADR: Settled in part, as a result of ADR. (Rubenstein, Kenneth) |
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Filing 24
ORDER...Before the Court is Parties Agreed Motion for Dismissal of All Plaintiff Tyler Aylors Claims with Prejudice (ECF No. #23 ), filed February 16, 2022. The Parties have informed the Court they have settled Aylors claims relating to this cause of action. Therefore, the Court ORDERS Aylors claims be DISSMISSED with prejudice as to each and all of the claims which Aylor had, has, or could have asserted in this matter. Further, each party SHALL bear its own costs and attorneys fees incurred in conjunction with this matter. Tyler Aylor terminated. (Ordered by Judge Reed C. O'Connor on 2/16/2022) (wxc)
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| Filing 23 Agreed STIPULATION OF DISMISSAL of All Plaintiff Aylor's Claims with Prejudice by Clay County Sheriff's Department. (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
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Filing 22
ORDER granting #21 ...Before the Court is the parties Joint Motion for Extension of the Mediation Deadline (ECF No. #21 ), filed January 25, 2022. In light of the circumstances, the Court finds that good cause exists to modify the scheduling order, see Fed. R. Civ. P. 16(b). The Court GRANTS the Motion, EXTENDS the mediation deadline to February 25, 2022, and ORDERS the parties to file a mediation report in accordance with the Scheduling Order (ECF No. #14 ) on or before March 8, 2022. (Ordered by Judge Reed C. O'Connor on 1/25/2022) (wxc)
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| Filing 21 Joint MOTION to Extend Time To Mediate filed by Clay County Sheriff's Department (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
| Filing 20 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 19 ANSWER to #16 Amended Complaint, with Jury Demand filed by Clay County, Texas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Brandt, Thomas) |
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Filing 18
ORDER granting #17 ...Before the Court is Clay County, Texas Unopposed Motion to Extend Time to File A Response to Plaintiffs Second Amended Complaint (ECF No. 17), filed August 13, 2021. Noting the Motion is unopposed, the Motion should be GRANTED and Defendants deadline to answer is August 23, 2021. (Ordered by Judge Reed C. O'Connor on 8/17/2021) (wxc)
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| Filing 17 Unopposed MOTION to Extend Time to file Response to Plaintiff's Second Amended Complaint filed by Clay County Sheriff's Department (Attachments: #1 Proposed Order) (Valenzuela, Francisco) |
| Filing 16 AMENDED COMPLAINT WITH JURY DEMAND [Second Amended Original Complaint Against Clay County] (removing party Clay County Sheriff's Department and correcting it to be Clay County)] against Clay County Sheriff's Department filed by Linda Byrd, Gary Tatum, Tyler Aylor. (One or more defendant(s) is no longer named.) Summons(es) not requested at this time. 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. (O'Kelly, Nicholas) |
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Filing 15
ORDER finding as moot #9 Motion to Dismiss for Failure to State a Claim. See Order for details. (Ordered by Judge Reed C. O'Connor on 7/31/2021) (chmb)
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Filing 14
SCHEDULING ORDER: Joinder of Parties due by 9/20/2021. Amended Pleadings due by 9/20/2021. Motions due by 3/28/2022. Deadline for mediation is on or before 1/26/2022. Discovery due by 2/25/2022. Pretrial Order due by 6/30/2022. Jury Trial set for 7/25/2022 08:00 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 7/21/2021) (wxc)
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| Filing 13 Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Clay County Sheriff's Department. (Valenzuela, Francisco) |
| Filing 12 RESPONSE filed by Tyler Aylor, Linda Byrd, Gary Tatum re: #9 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order [Proposed Order on Response and motion for leave to file amended complaint]) (O'Kelly, Nicholas) |
| Filing 11 The Clerk's Office for the Wichita Falls division has relocated to Fort Worth. Any future mailings or paper filings should be directed to the Clerk of Court, Wichita Falls Division, 501 W. 10th Street, Room 310, Fort Worth, Texas 76102. Wichita Falls will continue to be a designated place for holding court in the Northern District of Texas, despite not having full-time Clerk's Office staff onsite at the courthouse. (cea) |
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Filing 10
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER...The Joint Report, which shall be filed on or before July 22, 2021. (Ordered by Judge Reed C. O'Connor on 6/24/2021) (wxc)
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| Filing 9 Motion to Dismiss for Failure to State a Claim filed by Clay County Sheriff's Department (Attachments: #1 Proposed Order) (Brandt, Thomas) |
| Filing 7 AMENDED COMPLAINT WITH JURY DEMAND against Clay County Sheriff's Department filed by Linda Byrd, Tatum Gary, Aylor Tyler. 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. (O'Kelly, Nicholas) |
| Filing 8 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) |
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Filing 6
ORDER granting #5 Motion to Transfer Case out of District/Division Case transferred to the Wichita Falls Division of the Northern District of Texas. (Ordered by Senior Judge Sam R Cummings on 4/26/2021) (mjr)
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| New case number 7:21-cv-00027-O Byrd et al v. Clay County Sheriff's Department has been opened following the order of transfer entered in case number 3:21-cv-00901-C. Future filings should be made in the WICHITA FALLS division and reflect the new case number as indicated. Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (twd) |
| Filing 5 Unopposed MOTION to Transfer Case out of District/Division from Dallas to Wichita Falls filed by Linda Byrd, Tatum Gary, Aylor Tyler (Attachments: #1 Proposed Order) (O'Kelly, Nicholas) |
| Filing 4 Summons Issued as to Clay County Sheriff's Department. (oyh) |
| Filing 3 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tatum Gary, Byrd Linda, Aylor Tyler. (O'Kelly, Nicholas) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Clay County Sheriff's Department, in Clay County, Texas filed by Byrd Linda, Tatum Gary, Aylor Tyler. (Filing fee $402; Receipt number 0539-11812726) 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. (Attachments: #1 Cover Sheet Civil Info Cover Sheet) (O'Kelly, Nicholas) |
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