Doe v. William Marsh Rice University
| Arresting Police Off John Doe |
| Donald Ostdiek, Ph.D., William Marsh Rice University doing business as Rice University and Emily Garza |
| 4:2020cv02985 |
| August 25, 2020 |
| US District Court for the Southern District of Texas |
| Vanessa D Gilmore |
| Lee H Rosenthal |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.
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Filing 56
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U. S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. All signed consent forms, excluding pro se parties, should be filed electronically using the event Consent to Proceed Before a Magistrate Judge, filed. (bthomas, 4)
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Filing 55
Memorandum and Order Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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Filing 54
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/4/2020 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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Filing 53
NOTICE of Reassignment. Case reassigned to Judge Vanessa D Gilmore. Chief Judge Lee H Rosenthal no longer assigned to the case. Parties notified, filed. (leddins, 4)
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Filing 52
RECUSAL ORDER. Chief Judge Lee H Rosenthal recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 51
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 10/30/2020 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal( Chief Judge Lee H Rosenthal) (Attachments: #1 Judge's Procedures) Parties notified.(BrendaLacy, 4)
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Filing 50
Case transferred in from Texas Eastern. Case Number 4:19-cv-00658; certified copy of transfer order, certified docket sheet, and transfer letter received
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Interdistrict transfer to the Southern District of Texas Houston Division. (rpc, )
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Filing 49
MEMORANDUM OPINION AND ORDER. It is ORDERED that Rice's Motion to Transfer Venue to the Houston Division of the Southern District of Texas under 28 U.S.C. 1404(a) (Dkt. #14 ) is hereby GRANTED. It is further ORDERED that this case is hereby transferred to the United States District Court for the Southern District of Texas, Houston Division. Signed by District Judge Amos L. Mazzant, III on 8/4/2020. (rpc, )
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The case will be transferred to the Southern District of Texas, Houston Division 20 days from the date the Order of Transfer #49 was entered on the docket, per Local Rule CV-83(b). (rpc, )
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Filing 48
ORDER granting #41 Motion to Extend Dispositive Motions Deadline. It is therefore ORDERED that the July 3, 2020 deadline for all motions to dismiss, motions for summary judgment, or other dispositive motions is extended until further Court Order. Signed by District Judge Amos L. Mazzant, III on 7/31/2020. (rpc, )
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Filing 47
NOTICE by William Marsh Rice University Regarding Mediation (Smith, Emily)
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Filing 46
NOTICE by John Doe to the Court Regarding Mediation (Hutchison, Susan)
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Filing 45
NOTICE by Emily Garza, Donald Ostdiek, Ph.D., William Marsh Rice University re #44 Notice (Other) Reply in Response to Motion to Show Authority (Kernell, Terry)
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Filing 44
NOTICE by John Doe re #26 Response in Opposition to Motion Additional Authority (Hudson, James)
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Filing 43
NOTICE by Emily Garza, Donald Ostdiek, Ph.D., William Marsh Rice University re #14 MOTION to Dismiss Notice of Filing Correspondence Re Letter to Judge (Attachments: #1 Exhibit)(Kernell, Terry)
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Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone Conference held on 7/10/2020 on Defendant's Motion to Dismiss for Improper Venue or Alternatively to Transfer Venue, and to Dismiss for Failure to State a Claim (Dkt. #14). Robert Hudson appeared on behalf of Plaintiff; Emily Smith and Russell Hardin appeared on behalf of Defendant. (Court Reporter Jan Mason.) (No attachment.) (tls)
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NOTICE of Resetting of Hearing: Due to the Court's continued civil jury trial, the Court hereby RESETS the telephonic hearing on Defendant's Motion to Dismiss for Improper Venue or Alternatively to Transfer Venue, and to Dismiss for Failure to State a Claim (Dkt. #14) for Friday, July 10, 2020, 9:00 a.m. Teleconference call-in information is provided as follows: ATT Toll-Free Conference Number: 888-363-4749, Access Code: 1588844, followed by #. Participants are directed to call this number at 8:55 a.m. (tls)
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Filing 42
ORDER. The Court hereby sets the Defendants' Motion to Dismiss for Improper Venue or Alternatively to Transfer Venue, and to Dismiss for Failure to State a Claim (Dkt. #14 ) for hearing via telephone on Thursday, July 9, 2020, at 10:00 a.m. Signed by District Judge Amos L. Mazzant, III on 7/6/2020. (daj, )
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Filing 41
MOTION re #32 Scheduling Order, Motion to Extend Dispositive Motion Deadline by William Marsh Rice University. (Attachments: #1 Text of Proposed Order)(Smith, Emily)
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Filing 40
ORDER granting #39 Motion to Extend Dispositive Motions Deadline. Signed by District Judge Amos L. Mazzant, III on 6/1/2020. (rpc, )
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Set/Reset Scheduling Order Deadlines: Motions due by 7/3/2020. (rpc, )
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Filing 39
MOTION re #32 Scheduling Order, Partially Opposed Motion to Extend Dispositive Motion Deadline by William Marsh Rice University. (Attachments: #1 Text of Proposed Order)(Smith, Emily)
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Filing 38
PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 5/22/2020. (rpc, )
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Filing 37
Agreed MOTION for Protective Order by William Marsh Rice University. (Attachments: #1 Exhibit 1)(Smith, Emily)
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Filing 36
NOTICE by William Marsh Rice University re #14 MOTION to Dismiss (Attachments: #1 Exhibit A)(Smith, Emily)
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Filing 35
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** Submission of Proposed Agreed Protective order by William Marsh Rice University . (Smith, Emily) Modified on 5/21/2020 (rpc, ).
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NOTICE of Deficiency regarding the #35 Submission of Proposed Agreed Protective order submitted by William Marsh Rice University. A Motion for Protective Order should be filed with the Agree Protective Order attached. Correction should be made by one business day. (rpc, )
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Filing 34
ORDER granting #33 Motion and dismisses all claims asserted by Plaintiff against the Defendants Emily Garza and Donald Ostdiek with prejudice. The Clerk is directed to terminate Emily Garza and Donald Ostdiek as parties to this case. Signed by District Judge Amos L. Mazzant, III on 5/7/2020. (rpc, )
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Filing 33
MOTION to Dismiss as to Defendants Garza and Ostdiek by John Doe. (Attachments: #1 Text of Proposed Order)(Hutchison, Susan)
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Filing 32
SCHEDULING ORDER: Final Pretrial Conference set for 1/7/2021 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 5/20/2020. Discovery due by 8/12/2020. Joinder of Parties due by 4/8/2020. Jury instructions due by 12/24/2020. Mediation Completion due by 9/12/2020. Designation of Mediator due by 8/1/2020, Motions due by 6/3/2020. Proposed Pretrial Order due by 12/8/2020. Signed by District Judge Amos L. Mazzant, III on 2/28/2020. (rpc, )
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The Court hereby CANCELS the February 26, 2020 Scheduling Conference; the Court will enter a Scheduling Order. (tls)
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Filing 31
REPORT of Rule 26(f) Planning Meeting. (Hutchison, Susan) (Additional attachment(s) added on 2/14/2020: #1 Proposed Scheduling Order) (rpc, ).
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Filing 30
NOTICE of Discovery Disclosure by Emily Garza, Donald Ostdiek, Ph.D., William Marsh Rice University (Kernell, Terry)
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Filing 29
REPLY to Response to Motion re #14 MOTION to Dismiss filed by William Marsh Rice University. (Kernell, Terry)
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Filing 28
REPLY to Response to Motion re #14 MOTION to Dismiss filed by William Marsh Rice University. (Kernell, Terry)
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Filing 27
RESPONSE in Opposition re #14 MOTION to Dismiss for Improper Venue ad Alternative Motion to Transfer Venue filed by John Doe. (Attachments: #1 Exhibit Affidavit of John Doe, #2 Text of Proposed Order)(Hutchison, Susan)
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NOTICE of Deficiency regarding the #25 RESPONSE in Opposition re #14 MOTION to Dismiss for Improper Venue ad Alternative Motion to Transfer Venue submitted by John Doe. The affidavit was not filed as a separate attachment. See Local Rule CV-5. Correction should be made by one business day. (rpc, )
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Filing 26
RESPONSE in Opposition re #14 MOTION to Dismiss per 12(b)(6) filed by John Doe. (Attachments: #1 Text of Proposed Order)(Hutchison, Susan)
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Filing 25
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** RESPONSE in Opposition re #14 MOTION to Dismiss for Improper Venue ad Alternative Motion to Transfer Venue filed by John Doe. (Attachments: #1 Text of Proposed Order)(Hutchison, Susan) Modified on 1/28/2020 (rpc, ).
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Filing 24
ORDER granting #2 Motion for Leave to Proceed Under Pseudonym. Signed by District Judge Amos L. Mazzant, III on 1/23/2020. (rpc, )
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Filing 23
SUR-REPLY to Reply to Response to Motion re #19 Opposed MOTION for Extension of Time to Complete Discovery filed by Emily Garza, Donald Ostdiek, Ph.D., William Marsh Rice University. (Kernell, Terry)
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Filing 22
REPLY to Response to Motion re #19 Opposed MOTION for Extension of Time to Complete Discovery filed by John Doe. (Hutchison, Susan)
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Filing 21
ORDER GOVERNING PROCEEDINGS. Rule 26(f) attorney conference on or before: January 30, 2020. File joint report of attorney conference: February 13, 2020. The case is SET for a Rule 16 management conference on Wednesday, February 26, 2020, at 9:00 a.m. at the Paul Brown United States Courthouse, 101 E. Pecan Street, Sherman, Texas 75090. Signed by District Judge Amos L. Mazzant, III on 1/9/2020. (daj, )
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Filing 20
RESPONSE to Motion re #19 Opposed MOTION for Extension of Time to Complete Discovery filed by Emily Garza, Donald Ostdiek, Ph.D., William Marsh Rice University. (Attachments: #1 Exhibit Exhibit, #2 Text of Proposed Order Proposed Order)(Kernell, Terry)
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Filing 19
Opposed MOTION for Extension of Time to Complete Discovery by John Doe. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Hutchison, Susan)
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Filing 18
ORDER granting #17 Motion for Extension of Time to Respond to Defendants Motion to Dismiss for Improper Venue and Alternative Motion to Transfer Venue. Response due by 1/25/2020. Signed by District Judge Amos L. Mazzant, III on 12/20/2019. (rpc, )
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Filing 17
Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Improper Venue ad Alternative Motion to Transfer Venue by John Doe. (Attachments: #1 Text of Proposed Order)(Hutchison, Susan)
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Filing 16
ORDER granting #15 Motion for Leave to File Documents Under Seal. It is therefore ORDERED that Exhibit A, Exhibit B, and Exhibit D to Defendants Motions to Dismiss For Improper Venue or Alternatively to Transfer Venue, and to Dismiss for Failure to State a Claim are SEALED (Dkt. #13 ). Signed by District Judge Amos L. Mazzant, III on 12/13/2019. (rpc, )
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Filing 15
Unopposed MOTION for Leave to File Under Seal by Emily Garza, William Marsh Rice University. (Attachments: #1 Text of Proposed Order Proposed Order)(Hardin, Russell)
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NOTICE of Deficiency regarding the #12 MOTION for Leave to File Under Seal submitted by Emily Garza, William Marsh Rice University. The Motion is missing a Certificate of Conference. Correction should be made by one business day. (rpc, )
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Filing 14
MOTION to Dismiss by Emily Garza, William Marsh Rice University. (Attachments: #1 Text of Proposed Order Proposed Order)(Hardin, Russell)
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Filing 13
SEALED ADDITIONAL ATTACHMENTS to Main Document: #12 MOTION for Leave to File Under Seal. (Attachments: #1 Exhibit B, #2 Exhibit C)(Hardin, Russell)
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Filing 12
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION for Leave to File Under Seal by Emily Garza, William Marsh Rice University. (Attachments: #1 Text of Proposed Order Proposed Order)(Hardin, Russell) Modified on 12/12/2019 (rpc, ).
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Filing 11
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Donald Ostdiek, Ph.D..( Long, John)
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Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Donald Ostdiek, Ph.D. to 12/11/2019. 8 Days Granted for Deadline Extension.( rpc, )
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Filing 10
NOTICE of Attorney Appearance by Emily McLemore Smith on behalf of Emily Garza, William Marsh Rice University (Smith, Emily)
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Filing 9
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Donald Ostdiek, Ph.D..( Long, John)
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Donald Ostdiek, Ph.D. to 12/3/2019. 20 Days Granted for Deadline Extension.( rpc, )
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Emily Garza to 12/11/2019; William Marsh Rice University to 12/11/2019. 30 Days Granted for Deadline Extension.( rpc, )
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Filing 8
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re William Marsh Rice University.( Kernell, Terry)
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Filing 7
SUMMONS Issued as to Donald Ostdiek, Ph.D. (rpc, )
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Filing 6
NOTICE of Attorney Appearance by Russell Hardin, Jr on behalf of William Marsh Rice University (Hardin, Russell)
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Filing 5
NOTICE of Attorney Appearance by Terry Dean Kernell on behalf of William Marsh Rice University (Kernell, Terry)
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Filing 4
WAIVER OF SERVICE Returned Executed by John Doe. Emily Garza waiver sent on 9/12/2019, answer due 11/11/2019. (Hutchison, Susan)
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Filing 3
WAIVER OF SERVICE Returned Executed by John Doe. William Marsh Rice University waiver sent on 9/12/2019, answer due 11/11/2019. (Hutchison, Susan)
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, )
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Case Assigned to District Judge Amos L. Mazzant, III. (rpc, )
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Filing 2
MOTION re #1 Complaint to Proceed Under Pseudonym, and for Protective Order by John Doe. (Attachments: #1 Text of Proposed Order)(Hutchison, Susan) (Attachment 1 replaced on 9/12/2019) (rpc, ).
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7432563.), filed by John Doe. (Attachments: #1 Civil Cover Sheet)(Hutchison, Susan)
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