Cavazos v. Office of Personnel Management

Justia Dockets & Filings Fifth Circuit Texas Southern District Cavazos v. Office of Personnel Management

Cavazos v. Office of Personnel Management

Plaintiff:	Ethelvina Cavazos
Defendant:	United States Office of Personnel Management, Linda M Springer, The United States of America and John Berry
Case Number:	1:2006cv00058
Filed:	March 29, 2006
Court:	US District Court for the Southern District of Texas
Office:	Brownsville Office
Presiding Judge:	Hilda G Tagle
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on March 8, 2010. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 8, 2010	Filing 61 ORDER entered. This Court determines that there are no pending claims in this action, and the Court ORDERS the Clerk of Court to close this case. Case terminated on 3/8/10.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, )
March 8, 2010	Filing 60 OPINION & ORDER granting #53 Motion for Summary Judgment. The Court determines that Plaintiff has failed to present sufficient evidence of (1) her claim of retaliation based on allegedly adverse conduct that occurred after Plaintiff filed her EEO complaint; and (2) her claim of retaliatory hostile work invironment. Accordingly, the Court GRANTS Defendants' Motion and Memorandum in Support for Summary Judgment in accordance with these findings.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, )
February 12, 2010	Filing 59 OBJECTIONS to #57 Response to Motion Plaintiff's Exhibit 1, filed by John Berry, The United States of America, United States Office of Personnel Management. (Attachments: #1 Proposed Order)(Masso, Nancy)
February 11, 2010	Filing 58 ORDER entered. Be it remembered that on February 11, 2010, the Court CONTINUED the above captioned case in order to consider Defendants' Motion for Leave to File Motion for Summary Judgment Regarding Remaining Issues and Plaintiff's Response Dkt. No. 50, 57. Jury Selection set for 4/5/2010 at 09:00 AM in Courtroom 3 before Judge Hilda G Tagle Final Pretrial Conference set for 3/30/2010 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, )
January 25, 2010	Filing 57 RESPONSE to #53 MOTION for Summary Judgment filed by Ethelvina Cavazos. (Attachments: #1 Exhibit 1)(Pena, Ruben)
January 6, 2010	Filing 56 ORDER granting #55 Motion for Extension of Time to Submit Response to Defendants' Motion for Summary Judgment Responses due by 1/25/2010.(Signed by Judge Hilda G Tagle) Parties notified.(dahumada)
January 4, 2010	Filing 55 Unopposed MOTION for Extension of Time Respond to Defendants Motion for Summary Judgment Regarding Remaining Issues by Ethelvina Cavazos, filed. Motion Docket Date 1/25/2010. (Attachments: #1 Proposed Order on Unopposed Motion for Extension of Deadline to Submit Response to Defendants' Motion for Summary Judgment)(Pena, Ruben)
December 15, 2009	Filing 54 ORDER entered. The Court CONTINUED the above captioned case. The Court granted Defendants' Motion for Leav to File Motion for Summary Judgment Regarding Remaining Issues. Dkt No. #50 . Jury Selection is currently scheduled for January 11, 2010. Because these motions will need to be considered before trial, this Court modifies the existing scheduling Order, Dkt No. #40 , as follows: Jury Selection reset for 3/1/2010 at 09:00 AM in Courtroom 3 before Judge Hilda G Tagle Final Pretrial Conference reset for 2/23/2010 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle.(Signed by Judge Hilda G Tagle) Parties notified.(jtabares, )
December 15, 2009	Filing 53 Defendants' MOTION and Memorandum in Support for Summary Judgment regarding Remaining Claims, filed. Motion Docket Date: 1/5/2010. (Attachments: #(1) Exhibit J, #(2) Exhibit K, #(3) Exhibit L, #(4) Exhibit M, #(5) Proposed Order)(gmendieta)
December 15, 2009	Filing 52 ORDER Granting #50 Motion for Leave to File Motion for Summary Judgment Regarding Remaining Issues. (Signed by Judge Hilda G Tagle) Parties notified.(gmendieta)
December 15, 2009	***Deadlines terminated (Pretrial 1/6/10) (jtabares, )
December 14, 2009	Filing 51 Joint Proposed Pretrial Order by John Berry, Office of Personnel Management, The United States of America, filed. (Attachments: #1 Plaintiff's Proposed Voir Dire, #2 Plaintiff's Proposed Charge, #3 Defendants' Proposed Voir Dire, #4 Defendants'nProposed Charge)(Masso, Nancy)
December 4, 2009	Filing 50 Opposed MOTION for Leave to File Defendants Motion for Summary Judgment as to Remaining Claims by John Berry, Office of Personnel Management, The United States of America, filed. Motion Docket Date 12/28/2009. (Attachments: #1 Proposed Order Proposed Order Granting Leave, #2 Defendfant's Summary Judgement Motion as to Remaining Claims, #3 Exhibit Exhibit J to Summary Judgment Motion, #4 Exhibit Exhibit K to Summary Judgment Motion, #5 Exhibit Exhibit L to Summary Judgment Motion, #6 Exhibit Exhibit M to Summary Judgment Motion, #7 Proposed Order Proposed Order Granting Summary Judgment)(Masso, Nancy)
November 23, 2009	Filing 49 ORDER granting #48 Defendants' Unopposed Motion to Extend Joint Pretrial Order Deadline Joint Pretrial Order due by 12/14/2009.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, )
November 19, 2009	Filing 48 Unopposed MOTION for Extension of Time to File Joint Pretrial Order by John Berry, Office of Personnel Management, The United States of America, filed. Motion Docket Date 12/9/2009. (Attachments: #1 Proposed Order)(Masso, Nancy)
October 21, 2009	Filing 47 ORDER granting #45 Defendants' Motion to Substitute OPM Director John Berry in the Stead of Defendant (Former) OPM Director Linda Springer. John Berry added. Linda M Springer terminated.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, )
October 1, 2009	Filing 46 ORDER granting #43 Motion for Continuance. The case is therefore RESET as follows: Final Pretrial Conference set for 1/6/2010 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle Jury Selection set for 1/11/2010 at 09:00 AM in Courtroom 3 before Judge Hilda G Tagle.(Signed by Judge Hilda G Tagle) Parties notified.(jtabares, )
October 1, 2009	Filing 45 Unopposed MOTION to Substitute Party John Berry, Director of United States Office of Personnel Management in place of Linda M Springer by The United States of America, Office of Personnel Management, Linda M Springer, filed. Motion Docket Date 10/21/2009. (Attachments: #1 Proposed Order)(Masso, Nancy)
September 29, 2009	Filing 44 Unopposed RESPONSE to #43 MOTION for Continuance of Jury Selection, filed by The United States of America, Office of Personnel Management, Linda M Springer. (Masso, Nancy)
September 29, 2009	Filing 43 MOTION for Continuance of Jury Selection by Ethelvina Cavazos, filed. Motion Docket Date 10/19/2009. (Attachments: #1 Proposed Order Granting Motion for Continuance)(Pena, Ruben)
September 17, 2009	Filing 42 ORDER granting in part and denying in part #41 Motion for Extension of Deadlines Discovery due by 10/9/2009.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, )
September 10, 2009	Filing 41 Unopposed MOTION for Extension of Time deadlines by Ethelvina Cavazos, filed. Motion Docket Date 10/5/2009. (Attachments: #1 Proposed Order Granting Motion)(Pena, Ruben)
July 10, 2009	***Set/Reset Hearings: Deft Expert Report due by 5/1/2009. Discovery due by 9/8/2009. Joinder of Parties due by 3/16/2009. Pltf Expert Report due by 4/1/2009.(gmendieta)
July 10, 2009	Filing 40 AMENDED SCHEDULING ORDER. ETT: 1-2 Days. Jury Trial. Joinder of Parties due by 3/16/2009. Pltf Expert Report due by 4/1/2009. Deft Expert Report due by 5/1/2009. Discovery due by 9/8/2009. Mediation due by 10/21/2009. Dispositive Motion Filing due by 9/15/2009. Joint Pretrial Order due by 11/18/2009. Docket Call and Final Pretrial Conference set for 12/2/2009 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle. Jury Selection set for 12/7/2009 at 09:00 AM in Courtroom 3 before Judge Hilda G Tagle. (Signed by Judge Hilda G Tagle) Parties notified.(gmendieta) Modified on 7/16/2009 (gmendieta)
July 9, 2009	Filing 39 ORDER GRANTING #38 Opposed MOTION for Extension of Time of Scheduling Order Deadlines. The Deadlines imposed by this Court's Order dated March 9, 2009, are hereby suspended. A modified scheduling order will be issued shortly.(Signed by Judge Hilda G Tagle) Parties notified.(gmendieta)
July 8, 2009	Filing 38 Opposed MOTION for Extension of Time of Scheduling Order Deadlines by The United States of America, Office of Personnel Management, Linda M Springer, filed. Motion Docket Date 7/28/2009. (Attachments: #1 Proposed Order)(Masso, Nancy)
June 8, 2009	Filing 37 ORDER granting #36 Joint Motion to Extend Mediation Deadline Mediation due by 8/21/2009.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, )
June 2, 2009	Filing 36 Joint MOTION for Extension of Time Mediation Deadline by The United States of America, Office of Personnel Management, Linda M Springer, filed. Motion Docket Date 6/22/2009. (Attachments: #1 Proposed Order)(Masso, Nancy)
March 3, 2009	Filing 35 SCHEDULING ORDER. ETT: 1-2. Jury. Joinder of Parties due by 3/16/2009 Pltf Expert Witness List due by 4/1/2009 Pltf Expert Report due by 4/1/2009 Deft Expert Witness List due by 5/1/2009 Deft Expert Report due by 5/1/2009 Discovery due by 7/6/2009 Mediation due by 6/26/2009 Dispositive Motion Filing due by 7/13/2009 Joint Pretrial Order due by 9/14/2009 Docket Call and Final Pretrial Conference set for 9/29/2009 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle Jury Selection set for 10/5/2009 at 09:00 AM in Courtroom 3 before Judge Hilda G Tagle.(Signed by Judge Hilda G Tagle) Parties notified.(jtabares, )
September 24, 2008	Filing 34 ANSWER to #9 Amended Complaint/Counterclaim/Crossclaim etc. by The United States of America, Office of Personnel Management, Linda M Springer, filed.(Masso, Nancy)
August 1, 2008	Filing 33 OPINION & ORDER granting in part, denying in part #20 MOTION for Summary Judgment. Accordingly, the Court GRANTS IN PART Defendant's Motion and Memorandum in Support for Summary Judgment in accordance with these findings. Dkt. No. #20 . The Court DENIES IN PART Defendant's motion as it pertains to a request to grant summary judgment in its favor as to all claims in this matter. Thus, the claims remaining in this matter are (1) Plaintiff's claim of a hostile work environment, and (2) any claims of retaliation based on allegedly adverse conduct that occurred after december 11, 2003. See supre IV.B.V..(Signed by Judge Hilda G Tagle) Parties notified.(bvasquez, ) Modified on 8/1/2008 (bvasquez, ).
August 1, 2008	Filing 32 ORDER. Be it remembered that on August 1, 2008, the Court LIFTED the stay of discovery imposed on this case by the Court's Order dated June 26, 2008, Dkt. No. #31 . Discovery shall proceed as to (1) Plaintiff's claim of a hostile work environment, and (1) any claims of retaliation based on allegedly adverse conduct that occurred after December 11, 2003. See Dkt. No. #32 at 18. Such discovery is in accordance with the Court's Order regarding summary judgment. id..(Signed by Judge Hilda G Tagle) Parties notified.(bvasquez, )
June 26, 2008	Filing 31 Order Granting Defendant's Motion for Stay of Discovery #30 .(Signed by Judge Hilda G Tagle) Parties notified.(dahumada, )
June 25, 2008	Filing 30 Unopposed MOTION to Stay Discovery by The United States of America, Office of Personnel Management, Linda M Springer, filed. Motion Docket Date 7/15/2008. (Attachments: #1 Proposed Order)(Masso, Nancy)
May 22, 2008	Filing 29 JOINT DISCOVERY/CASE MANAGEMENT PLAN by The United States of America, Office of Personnel Management, Linda M Springer, filed.(Masso, Nancy)
May 15, 2008	Filing 28 RESPONSE to #26 Reply to Response to Motion for Summary Judgment, filed by Ethelvina Cavazos. (Pena, Ruben)
May 8, 2008	Filing 27 Supplemental RESPONSE to #20 MOTION for Summary Judgment, filed by Ethelvina Cavazos. (Pena, Ruben)
May 7, 2008	Filing 26 REPLY to Response to #20 MOTION for Summary Judgment, filed by The United States of America, Office of Personnel Management, Linda M Springer. (Masso, Nancy)
April 29, 2008	Filing 25 Amended CERTIFICATE OF INTERESTED PARTIES by Ethelvina Cavazos, filed.(Pena, Ruben)
April 22, 2008	Filing 24 ORDER, entered. Pursuant to Federal Rule of Civil Procedure 26(f), counsel shall conduct a discovery conference, and submit in one filing with the United States District Clerk a joint discovery/case management plan that includes a proposed scheduling order no later than: May 23, 2008.Joint Discovery/Case Management Plan due by 5/23/2008.( Signed by Judge Hilda G Tagle ) Parties notified.(mperez, )
April 17, 2008	Filing 23 RESPONSE to #20 MOTION for Summary Judgment, filed by Ethelvina Cavazos. (Attachments: #1 Proposed Order Order Denying Defendant's Motion for Summary Judgment)(Pena, Ruben)
March 28, 2008	Filing 22 ORDER granting #21 Agreed Motion for Extension of Time To Submit Response t Defendants' Motion for Summary JudgmentResponse due by 4/19/2008.( Signed by Judge Hilda G Tagle ) Parties notified.(bvasquez, )
March 20, 2008	Filing 21 Agreed MOTION for Extension of Time To Respond to Defendants' Motion for Summary Judgment by Ethelvina Cavazos, filed. Motion Docket Date 4/9/2008. (Attachments: #1 Proposed Order)(Pena, Ruben)
February 28, 2008	Filing 20 MOTION for Summary Judgment by The United States of America, Office of Personnel Management, Linda M Springer, filed. Motion Docket Date 3/19/2008. (Attachments: #1 Exhibit #2 Exhibit #3 #4 #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Proposed Order)(Masso, Nancy)
February 27, 2008	Filing 19 ORDER granting #17 Motion for Extension of Time Answer due by 2/28/2008. Therefore, it is ordered, that the United States of America be allowed until February 28, 2008, to file its responsive pleading to the allegations filed herein.( Signed by Judge Hilda G Tagle ) Parties notified.(bcampos, )
February 25, 2008	Filing 18 PROPOSED ORDER Granting Granting Defendants' Unopposed Second Motion for Enlargement of Time re: #17 MOTION for Extension of Time to Answer or Otherwise Plead (Opposed), filed.(Masso, Nancy)
February 25, 2008	Filing 17 MOTION for Extension of Time to Answer or Otherwise Plead (Unopposed) by The United States of America, Office of Personnel Management, Linda M Springer, filed. Motion Docket Date 3/17/2008. (bvasquez, )
February 25, 2008	Filing 16 ORDER granting #14 Motion for Leave to File Second Motion for Enlargement of Time TO Answer or Otherwise Plead..( Signed by Judge Hilda G Tagle ) Parties notified.(bvasquez, )
February 21, 2008	Filing 15 NOTICE of Change of Address by Ruben R. Pena, counsel for Ethelvina Cavazos, filed. (bcampos, )
February 20, 2008	Filing 14 Unopposed MOTION for Leave to File Second Motion for Enlargement of Time by The United States of America, Office of Personnel Management, Linda M Springer, filed. Motion Docket Date 3/11/2008. (Attachments: #1 Exhibit #2 Proposed Order)(Masso, Nancy)
January 17, 2008	Filing 13 ORDER Granting #12 Motion for Enlargement of Time to Answer of Otherwise Plead.(Signed by Judge Hilda G Tagle) Parties notified.(gmendieta)
January 11, 2008	Filing 12 Unopposed MOTION for Extension of Time Answer or Otherwise Plead by The United States of America, Office of Personnel Management, Linda M Springer, filed. Motion Docket Date 1/31/2008. (Attachments: #1 Proposed Order)(Masso, Nancy)
November 29, 2007	Filing 11 RETURN of Service of SUMMONS Executed as to The United States of America served on 11/23/2007, answer due 1/22/2008, filed.(Pena, Ruben)
November 29, 2007	Filing 10 RETURN of Service of SUMMONS Executed as to The United States of America served on 11/19/2007, answer due 1/18/2008, filed.(Pena, Ruben)
November 14, 2007	Summons Issued as to The United States of America, U.S. Attorney and U.S. Attorney General, filed.(bvasquez, )
November 14, 2007	Summons Issued as to The United States of America, by serving: Civil Process Clerk, U.S. Attorney, filed.(bvasquez, )
November 13, 2007	Filing 9 First AMENDED Complaint with Jury Demand against The United States of America, Ethelvina Cavazos filed by all plaintiffs. (Attachments: #1 Exhibit Exhibit 1)(Pena, Ruben)
November 9, 2007	Filing 8 ORDER; Be it remembered that on November 9, 2007 the Court ORDERED Plaintiff to show good cause why this case should not be dismissed, by no later than November 30, 2007. Plaintiff filed her complaint over 500 days ago. The Court determines that Plaintiff has had reasonable time to properly effect service upon Defendant, and no evidence exists as to why Plaintiff has failed to do so. Therefore, the Court hereby provides Plaintiff with notice of the Court's intent to dismiss the case for failure prosecute and provides Plaintiff with an opportunity to show good cause for the delay in effecting service. Accordingly, the Court ORDERS Plaintiff to show good cause why this case should not be dismissed, by no later than November 30, 2007.( Signed by Judge Hilda G Tagle ) Parties notified.(bcampos, )
June 28, 2006	Filing 7 ORDER AND OPINION denying #5 Motion for Default Judgment; Therefore, an entry of default would be inappropriate at this time. The Court Denies Plaintiff's Motion for Default Judgment.( Signed by Judge Hilda G Tagle ) Parties notified.(bcampos, )
June 7, 2006	Filing 6 Default Judgment against Defendants by all plaintiffs, filed.(Pena, Ruben)
June 7, 2006	Filing 5 First MOTION for Default Judgment against Linda M Springer by all plaintiffs, filed. Motion Docket Date 6/27/2006. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4)(Pena, Ruben)
May 4, 2006	Filing 4 RETURN of Service Executed as to Linda M Springer on 04/10/06 re: Complaint, filed.(bvasquez, )
April 13, 2006	Filing 3 Disclosure of Interested Parties by all plaintiffs, filed.(Pena, Ruben)
April 3, 2006	Initial Filing fee re: #1 Complaint: $ 250, receipt number 121207 , filed. (bvasquez, )
March 30, 2006	Filing 2 ORDER. Pursuant to Federal Rule of Civil Procedure 26(f), counsel shall conduct a discovery conference, and submit in one filing with the United States District Clerk a joint discovery/case managment plan that includes a proposed scheduling order no later than: July 31, 2006. .( Signed by Judge Hilda G Tagle ) Parties notified.(bvasquez, )
March 30, 2006	Summons Issued as to Linda M Springer , filed.(dahumada, )
March 29, 2006	Filing 1 COMPLAINT against all defendants (Filing fee $ 250) filed by all plaintiffs. (Attachments: #1 Exhibit Final Agency Order)(Pena, Ruben)

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Plaintiff: Ethelvina Cavazos
Represented By:	Ruben R Pena
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Defendant: United States Office of Personnel Management
Represented By:	Nancy Lynn Masso
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Defendant: Linda M Springer
Represented By:	Nancy Lynn Masso
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Defendant: The United States of America
Represented By:	Nancy Lynn Masso
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Defendant: John Berry
Represented By:	Nancy Lynn Masso
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