Smith v. The Abandoned Vessel Featured Case
Plaintiff: Nathan Smith
Defendant: The Abandoned Vessel
Case Number: 4:2007cv00784
Filed: March 6, 2007
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: XX US, Outside State
Presiding Judge: David Hittner
Nature of Suit: Marine
Cause of Action: 28 U.S.C. ยง 1333 Admiralty
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 24, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2009 Filing 116 Receipt for Withdrawal of Exhibits by attorney for Morgan Dunn O'Connor, Morgan Dunn O'Connor, filed.(ealexander, )
June 10, 2009 Filing 115 Receipt for Withdrawal of Exhibits by attorney for Nathan Smith, filed.(ealexander, )
June 2, 2009 Opinion or Order Filing 114 ORDER that the parties are to retrieve all trial exhibits on or before June 22, 2009. If the parties fail to pick up the exhibits they will be destroyed after June 22, 2009.(Signed by Judge David Hittner) Parties notified.(ealexander, )
May 21, 2009 Filing 113 Order of USCA for the Fifth Circuit (copy) dated 5/18/2009 re: 101 Notice of Appeal ; USCA No. 09-20206. Pursuant to Appellant's Motion -- Appeal is dismissed, filed.(pjameson, )
May 21, 2009 Filing 112 Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: 101 Notice of Appeal; consisting of 2 envelopes sealed documents - copies shredded (USCA No. 09-20206), filed.(pjameson, )
May 12, 2009 Opinion or Order Filing 111 ORDER denying 110 Motion to Amend the Court's Findings of Fact and Conclusions of Law and Judgment.(Signed by Judge David Hittner) Parties notified.(ealexander, )
May 11, 2009 Filing 110 MOTION to Amend 108 Final Judgment, 107 Findings of Fact & Conclusions of Law, by Nathan Smith, filed. Motion Docket Date 6/1/2009. (Attachments: # 1 Proposed Order)(Schwartz, Richard)
April 29, 2009 Opinion or Order Filing 109 ORDER.(Signed by Judge David Hittner) Parties notified.(ealexander, )
April 27, 2009 Filing 108 FINAL JUDGMENT. Case terminated on April 27, 2009.(Signed by Judge David Hittner) Parties notified.(ealexander, )
April 27, 2009 Filing 107 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Plaintiff's claims are dismissed and the Intervenor's request for attorneys' fees is denied. The parties shall pay their own costs.(Signed by Judge David Hittner) (Attachments: # 1 Continuation) Parties notified.(ealexander, )
April 10, 2009 Filing 106 Transmittal Letter on Appeal Certified re: 101 Notice of Appeal. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 4 total volumes and 3 envelopes of sealed records. (USCA No. 09-20206), filed.(ypippin, )
April 10, 2009 Filing 105 DKT-13 TRANSCRIPT ORDER FORM by Richard A. Schwartz. Transcript is already on file in Clerk's office. Hearing before Judge David Hittner Court Reporter/Transcriber: A. Manley and Bruce Slavin. This order form relates to the following: 101 Notice of Appeal, filed.(chorace)
April 10, 2009 Document(s) Sent by UPS to Fifth Circuit re: 106 Transmittal Letter on Appeal, Tracking Number - 1Z7262750343235816, filed. (ypippin, )
April 9, 2009 Filing 104 Notice of Assignment of USCA No. 09-20206 re: 101 Notice of Appeal, filed. (mewilliams, )
April 8, 2009 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 101 Notice of Appeal, filed.(ypippin, )
April 2, 2009 Filing 103 DKT-13 TRANSCRIPT ORDER FORM by Joe Thrash. Transcript is unnecessary for appeal purposes.. This order form relates to the following: 101 Notice of Appeal, filed.(mmapps, )
March 25, 2009 Filing 102 Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (1 copies). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 101 Notice of Appeal, filed.(ypippin, )
March 24, 2009 Filing 101 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 95 Order by Texas Historical Commission (Filing fee $ 455, receipt number 05410000000004849631), filed.(Thrash, Joe)
March 20, 2009 Opinion or Order Filing 100 ORDER denying 98 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, )
March 17, 2009 Filing 99 Sealed Event, filed. (With attachments)
March 16, 2009 Filing 98 Sealed Event, filed. (With attachments)
March 2, 2009 Filing 97 Sealed Event, filed.
March 2, 2009 Filing 96 Sealed Event, filed.
February 23, 2009 Opinion or Order Filing 95 ORDER that the Texas Historical Commission's Amended Motion to Intervene is denied.(Signed by Judge David Hittner) Parties notified.(ealexander, )
February 19, 2009 Opinion or Order Filing 94 ORDER denying as moot 91 Motion to Intervene; denying as moot 92 Motion to Dismiss.(Signed by Judge David Hittner) Parties notified.(ealexander, )
February 4, 2009 Opinion or Order Filing 93 ORDER granting 89 Motion to Appear Pro Hac Vice on behalf of Joe H. Thrash.(Signed by Judge David Hittner) Parties notified.(ealexander, )
February 3, 2009 Filing 92 MOTION to Dismiss or for Judgment by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, )
February 3, 2009 Filing 91 MOTION to Intervene by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, )
February 3, 2009 Filing 90 ANSWER to 37 Amended Complaint/Counterclaim/Crossclaim etc. by Texas Historical Commission, filed.(ealexander, )
February 3, 2009 Filing 89 MOTION for Joe H. Thrash to Appear Pro Hac Vice by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, )
January 15, 2009 Filing 88 Transcript (Sealed), filed. (bslavin, )
January 15, 2009 Filing 87 Transcript (Sealed), filed. (amanley, )
December 30, 2008 Filing 86 Exhibit List by Morgan Dunn O'Connor, Marie Sorenson, filed.(ealexander, )
December 30, 2008 Filing 85 Exhibit List by Nathan Smith, filed.(ealexander, )
December 30, 2008 Filing 84 Plaintiff's Deposition Excerpts of Garrett Engelking dated December 19, 2008, filed. (ealexander, )
December 30, 2008 Filing 83 Plaintiff's Deposition Excerpts of Marie Pattillo dated December 19, 2008, filed. (ealexander, )
December 30, 2008 Filing 82 Minute Entry for proceedings held before Judge David Hittner. Second day of BENCH TRIAL held on 12/30/2008. Plaintiff rests. Defendant's Motion for Directed Verdict heard and denied. Defendant presents case and rest. Findings of Fact and Conclusions of Law due to be filed on March 2, 2009. (The transcript of this day of trial is sealed.) Appearances: Terry Carroll, Adrian Greene, Richard Austin Schwartz, Ronald B Walker.(Court Reporter: Bruce Slavin), filed.(ealexander, ) Modified on 12/31/2008 (ealexander, ).
December 29, 2008 Opinion or Order Filing 81 ORDER granting 76 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, )
December 29, 2008 Opinion or Order Filing 80 ORDER granting 75 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, )
December 29, 2008 Filing 79 Minute Entry for proceedings held before Judge David Hittner. First day of BENCH TRIAL held on 12/29/2008 and continued to December 30, 2008 at 10:00 a.m. Testimony taken. The transcript of this proceeding is SEALED. Appearances: Richard Terry Carroll, Adrian Greene, Austin Schwartz, Ronald B Walker.(Court Reporter: Anita Manley), filed.(ealexander, )
December 29, 2008 Filing 78 OBJECTION to Presentation of Evidence at Trial by Intervenor, filed by Nathan Smith. (ealexander, )
December 29, 2008 Opinion or Order Filing 77 ORDER granting 65 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, )
December 24, 2008 Filing 76 Sealed Event, filed. (With attachments)
December 24, 2008 Filing 75 Sealed Event, filed. (With attachments)
December 23, 2008 Filing 74 Sealed Event, filed. (With attachments)
December 23, 2008 Filing 73 Sealed Event, filed.
December 22, 2008 Filing 72 Sealed Event, filed.
December 18, 2008 Opinion or Order Filing 71 ORDER granting 67 Motion for Expedited Consideration of Plaintiff's Motion for Leave to take the Deposition of a Newly Discovered Witness and denying the motion for continuance. Plaintiff is granted leave to take the deposition of Garrett Engelking on December 19, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, )
December 18, 2008 Filing 70 Sealed Event, filed.
December 18, 2008 Filing 69 RESPONSE NOT OPPOSING PLAINTIFF'S PROPOSED DEPOSITION AND OPPOSING ANY CONTINUANCE, filed by Morgan Dunn O'Connor. (Walker, Ronald)
December 17, 2008 Filing 68 Sealed Event, filed. (With attachments)
December 17, 2008 Filing 67 Sealed Event, filed. (With attachments)
December 12, 2008 Opinion or Order Filing 66 ORDER ; Motion-related deadline set re: 65 Sealed Event, ORDER Setting Hearing on Motion 65 Sealed Event :( Motion Hearing set for 12/29/2008 at 10:00 AM in Courtroom 8A before Judge David Hittner).(Signed by Judge David Hittner) Parties notified.(ealexander, )
December 11, 2008 Filing 65 Sealed Event, filed. (With attachments)
November 19, 2008 Filing 64 Notice of Filing of Official Transcript as to 63 Transcript. Party notified, filed. (dclark, )
November 18, 2008 Filing 63 TRANSCRIPT re: Hearing held on 10-22-2008 before Judge David Hittner. Court Reporter/Transcriber Dye. Release of Transcript Restriction set for 2/17/2009., filed. (gdye, )
November 14, 2008 Opinion or Order Filing 62 ORDER granting 61 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, )
November 13, 2008 Filing 61 Sealed Event, filed. (With attachments)
November 10, 2008 Filing 60 Sealed Event, filed. (With attachments)
October 22, 2008 Opinion or Order Filing 59 SCHEDULING ORDER. ETT: 2-3 days. Bench. Joint Pretrial Order due by 11/7/2008 Bench Trial set for 12/29/2008 at 10:00 AM in Courtroom 8A before Judge David Hittner.(Signed by Judge David Hittner) Parties notified.(ealexander, )
October 22, 2008 Filing 58 Minute Entry for proceedings held before Judge David Hittner. Final PRETRIAL CONFERENCE held on 10/22/2008. Written order to issue. Appearances: Adrian Green, Ronald B. Walker, Terry Carroll(Court Reporter: Gayle Dye), filed.(ealexander, )
October 14, 2008 Opinion or Order Filing 57 ORDER that the parties are to exchange all trial exhibits on or before October 30, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, )
October 14, 2008 Opinion or Order Filing 56 SCHEDULING ORDER. ETT: 3 days. Bench Trial. Pretrial Conference set for 10/22/2008 at 09:45 AM in Courtroom 8A before Judge David Hittner.(Signed by Judge David Hittner) Parties notified.(ealexander, )
September 22, 2008 Opinion or Order Filing 55 ORDER denying 47 Sealed Motion. Further Plaintiff's Motion for Partial Summary Judgment and Renewal of her Motion to Dismiss (Inst. # 48) is denied.(Signed by Judge David Hittner) Parties notified.(ealexander, )
September 10, 2008 Filing 54 Sealed Event, filed.
September 10, 2008 Filing 53 Sealed Event, filed.
September 10, 2008 Filing 52 Sealed Event, filed. (With attachments)
August 22, 2008 Opinion or Order Filing 51 ORDER granting 50 Agreed Motion to Seal.(Signed by Judge David Hittner) Parties notified.(ealexander, )
August 21, 2008 Filing 50 Agreed MOTION to Seal Docket Numbers 048 and 049 by Morgan Dunn O'Connor, filed. Motion Docket Date 9/10/2008. (Attachments: # 1 Proposed Order)(Walker, Ronald)
August 21, 2008 Filing 49 OBJECTIONS to Plaintiff's Summary Judgment Evidence, filed by Morgan Dunn O'Connor. (Walker, Ronald) Modified on 8/25/2008 (ealexander, ). This docket entry is sealed per order dated 8/22/08
August 21, 2008 Filing 48 RESPONSE to 47 Sealed Event, filed by Morgan Dunn O'Connor. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Proposed Order)(Walker, Ronald) Modified on 8/25/2008 (ealexander, ). This docket entry is sealed per order dated 8/22/08
July 31, 2008 Filing 47 Sealed Event, filed. (With attachments)
June 3, 2008 Opinion or Order Filing 46 ORDER that Plaintiff's expert report dealine is moved to June 30, 2008 and Intervenor's expert report deadline is moved to July 30, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, )
May 30, 2008 Filing 45 STIPULATION re: Extending the Parties' Expert Report Deadline by Nathan Smith, filed.(Schwartz, Richard)
May 12, 2008 Opinion or Order Filing 44 AGREED PROTECTIVE ORDER.(Signed by Judge David Hittner) Parties notified.(ealexander, )
May 12, 2008 Opinion or Order Filing 43 ORDER granting 41 Motion to Substitute Party. Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, is substituted as the Interenor in this matter added..(Signed by Judge David Hittner) Parties notified.(ealexander, )
May 9, 2008 Filing 42 Agreed PROPOSED ORDER Protective, filed.(Schwartz, Richard)
May 7, 2008 Filing 41 Suggestion of Death and Unopposed Motion to Substitute Proper Party Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, Intervenor, in place of Marie Sorenson. (Attachments: # 1 Proposed Order)(Walker, Ronald)
April 23, 2008 Summons Issued as to Killeen & Stern, PC, filed.(espencer, )
April 22, 2008 Opinion or Order Filing 40 ORDER to Extend the Parites' Expert Report Deadline. Plaintiff's expert report deadline to reset to May 30, 2008. Intervenor's expert report deadline is moved to June 30, 2008.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
April 21, 2008 Filing 39 STIPULATION re: Parties' Expert Report Deadline by Nathan Smith, filed.(Schwartz, Richard)
February 25, 2008 Opinion or Order Filing 38 ORDER denying 21 Motion to Dismiss.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
February 22, 2008 Filing 37 First Amended Original Complaint against Killeen & Stern, PC, Marie Sorenson, The Abandoned Vessel filed by Nathan Smith.(ealexander, )
February 22, 2008 Opinion or Order Filing 36 ORDER granting 35 Motion for Leave to File First Amended Complaint.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
January 31, 2008 Filing 35 MOTION for Leave to File First Amended Original Complaint by Nathan Smith, filed. Motion Docket Date 2/20/2008. (Attachments: # 1 Complaint First Amended# 2 Proposed Order)(Schwartz, Richard)
November 30, 2007 Filing 34 Nathan Smith's Sur-Reply to Intevenor Sorenson's Reply Regarding Sorenson's 21 MOTION to Dismiss, by Nathan Smith, filed.(Schwartz, Richard) Linked to #21 on 12/5/2007 (ltien, ).
November 27, 2007 Opinion or Order Filing 33 ORDER granting 27 Motion to Seal Documents.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
November 27, 2007 Filing 32 REPLY in Support of 21 Opposed MOTION to Dismiss 1 Complaint, filed by Marie Sorenson. (Walker, Ronald)
November 21, 2007 Filing 31 PROPOSED ORDER re: 29 Response to Motion, filed.(Schwartz, Richard)
November 21, 2007 Filing 30 EXHIBITS re: 29 Response to Motion by Nathan Smith, filed.(Schwartz, Richard)
November 21, 2007 Filing 29 RESPONSE to 21 Opposed MOTION to Dismiss 1 Complaint, filed by Nathan Smith. (Schwartz, Richard)
November 20, 2007 Filing 28 PROPOSED ORDER re: 27 Unopposed MOTION to Seal Documents, filed.(Schwartz, Richard)
November 20, 2007 Filing 27 Unopposed MOTION to Seal Documents by Nathan Smith, filed. Motion Docket Date 12/10/2007. (Schwartz, Richard)
November 8, 2007 Filing 26 Stipulation and Order to Extend Submission Date on Intervenor Sorenson's Motion to Dismiss to November 21, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
November 7, 2007 Filing 25 STIPULATION re: to Extend Submission Date on Intervenor Sorenson's Motion to Dismiss by Nathan Smith, filed.(Schwartz, Richard)
October 25, 2007 Opinion or Order Filing 24 SCHEDULING ORDER: Trial Term: November/December 2008. ETT: 3 days. Bench Trial. Amended Pleadings due by 2/29/2008. Joinder of Parties due by 1/31/2008. Pltf Expert Witness List due by 2/29/2008. Deft Expert Witness List due by 3/31/2008. Discovery due by 7/1/2008. Dispositive Motion Filing due by 7/31/2008. Non-Dispositive Motion Filing due by 7/31/2008. Joint Pretrial Order due by 10/30/2008. ( Signed by Judge Stephen Wm Smith ) Parties notified. (jmarchand)
October 25, 2007 Filing 23 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 10/25/2007. Scheduling order issued. Appearances:Terry Carroll for Ronald Walker, Richard Austin Schwartz.(ERO:P. Crawford), filed.(jmarchand)
October 25, 2007 Filing 22 CERTIFICATE OF INTERESTED PARTIES by Intervenor Marie Sorenson, filed.(Walker, Ronald)
October 18, 2007 Filing 21 Opposed MOTION to Dismiss 1 Complaint by Marie Sorenson, filed. Motion Docket Date 11/7/2007. (Attachments: # 1 Proposed Order Order Granting Dismissal For Failure To State A Claim)(Walker, Ronald)
October 18, 2007 Filing 20 ANSWER to 1 Complaint by Marie Sorenson, filed.(Walker, Ronald)
September 28, 2007 Opinion or Order Filing 19 ORDER Clarifying Order of September 14, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
September 24, 2007 Opinion or Order Filing 18 ORDER granting 17 Motion to Withdraw as Attorney.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
September 23, 2007 Filing 17 MOTION for Jay A. McKendree to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/15/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay)
September 19, 2007 Opinion or Order Filing 16 ORDER granting 15 Motion to Withdraw as Attorney.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
September 18, 2007 Filing 15 MOTION for Robert J. Killeen, Jr. to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Proposed Order Granting Motion to Withdraw as Counsel)(Woodward, Wilbourn)
September 14, 2007 Opinion or Order Filing 14 ORDER granting and denying in part 12 Opposed MOTION for New Trial, 13 Opposed MOTION to Stay, Case reopened on September 14, 2007. This case is set for a Rule 16 Scheduling Conference on October 25, 2007 at 2:00 p.m. before Magistrate Judge Stephen Wm Smith.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
September 14, 2007 ***Set/Reset Deadlines/Hearings: Initial Conference set for 10/25/2007 at 02:00 PM in Courtroom 702 before Magistrate Judge Stephen Smith (ealexander, )
September 11, 2007 Filing 13 SEALED DOCUMENT. (Walker, Ronald) Modified on 9/13/2007 (ltien, ). Modified on 11/28/2007 (ealexander, ).
September 11, 2007 Filing 12 SEALED DOCUMENT. (Walker, Ronald) Modified on 9/13/2007 (ltien, ). Modified on 11/28/2007 (ealexander, ).
September 7, 2007 Opinion or Order Filing 11 SEALED ORDER.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) Modified on 11/28/2007 (ealexander, ).
September 5, 2007 Filing 10 Unopposed MOTION for Entry of Judgment by Nathan Smith, filed. Motion Docket Date 9/25/2007. (Attachments: # 1 Exhibit A, B, C, and D)(Woodward, Wilbourn)
June 8, 2007 Opinion or Order Filing 9 ORDER Initial Conference set for 9/12/2007 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
May 24, 2007 Opinion or Order Filing 8 ORDER granting 7 Motion for Extension of Time.( Signed by Judge David Hittner ) Parties notified.(ealexander, )
May 23, 2007 Filing 7 Unopposed MOTION for Extension of Time Publication by Nathan Smith, filed. Motion Docket Date 6/12/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay)
May 4, 2007 Filing 6 SEALED Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) Modified on 11/28/2007 (ealexander, ).
May 3, 2007 Filing 5 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 5/3/2007. No scheduling order issued. Pending motion for entry of order 4 to determine further action in this case. Appearances: Jay Alan McKendree. (ERO:C. Peebles), filed. (jmarchand)
May 2, 2007 Filing 4 SEALED DOCUMENT (McKendree, Jay) Modified on 11/28/2007 (ealexander, ).
March 22, 2007 Filing 3 CERTIFICATE OF INTERESTED PARTIES, filed.(McKendree, Jay)
March 7, 2007 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/3/2007 at 02:00 PM in Courtroom 702 before Magistrate Judge Stephen Smith.( Signed by Judge David Hittner ) Parties notified.(mmapps, )
March 6, 2007 Filing 1 SEALED DOCUMENT (McKendree, Jay) Modified on 11/28/2007 (ealexander, ).

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Plaintiff: Nathan Smith
Represented By: Jay Alan McKendree
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Defendant: The Abandoned Vessel
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