Berry v. Miles et al
| Dr. Jessica Berry |
| F. Mike Miles, Thompson & Horton LLP, Houston Independent School District and Houston Independent School District Board of Managers |
| 4:2025cv02405 |
| May 27, 2025 |
| U.S. District Court for the Southern District of Texas |
| Peter Bray |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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Filing 41
MINUTE ENTRY ORDER: Motion Hearing held denying #39 Motion to Sanctions. Instructions regarding Michael Berry in the order. Appearances: Jessica Berry. Appearances: James Edwards Byrom, Morgan Paige Beam, Zandra E Foley. Ct Reporter: ERO. (Signed by Magistrate Judge Peter Bray) Parties notified. (jmm4)
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CONTINUATION OF #41 FOR STATISTICAL PURPOSED ONLY - ORDER denying #39 Motion for Order to Show Cause.(Signed by Magistrate Judge Peter Bray) Parties notified. (jmm4)
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| Filing 40 NOTICE of Setting as to #39 MOTION for Order to Show Cause as to To Appear The Nature of Michael R. Berry's Involvement in this Litigation. Parties notified. Motion Hearing set for 11/19/2025 at 10:30 AM in Courtroom 703 before Magistrate Judge Peter Bray, filed. (jmm4) |
| Filing 39 MOTION for Order to Show Cause as to To Appear The Nature of Michael R. Berry's Involvement in this Litigation by Houston Independent School District, F. Mike Miles, filed. Motion Docket Date 12/3/2025. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Proposed Order) (Byrom, James) |
| Filing 38 REPLY in Support of #30 MOTION to Dismiss , filed by Thompson & Horton LLP. (Foley, Zandra) |
| Filing 37 REPLY in Support of #28 MOTION to Dismiss #26 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Houston Independent School District, F. Mike Miles. (Byrom, James) |
| Filing 36 RESPONSE in Opposition to #30 MOTION to Dismiss , #28 MOTION to Dismiss #26 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Jessica Berry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order) (jmm4) |
| Filing 35 RESPONSE in Opposition to #28 MOTION to Dismiss #26 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Jessica Berry. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Proposed Order) (jmm4) |
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Filing 34
ORDER denying as moot #8 Motion to Dismiss; denying as moot #9 Motion to Dismiss for Failure to State a Claim.(Signed by Magistrate Judge Peter Bray) Parties notified. (jmm4)
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Filing 33
CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE and ORDER TRANSFERRING CASE to Magistrate Judge Peter Bray. Judge Ewing Werlein, Jr no longer assigned to the case. (Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4)
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| Filing 32 CONSENT to Proceed Before a Magistrate Judge by Jessica Berry, filed. (jmm4) |
| Filing 31 ANSWER to #26 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Thompson & Horton LLP, filed. (Blucher, Daniel) |
| Filing 30 MOTION to Dismiss Motions referred to Peter Bray. by Thompson & Horton LLP, filed. Motion Docket Date 10/17/2025. (Blucher, Daniel) |
| Filing 29 CONSENT to Proceed Before a Magistrate Judge by Thompson & Horton LLP, filed. (Foley, Zandra) |
| Filing 28 MOTION to Dismiss #26 Amended Complaint/Counterclaim/Crossclaim etc. Motions referred to Peter Bray. by Houston Independent School District, F. Mike Miles, filed. Motion Docket Date 10/16/2025. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Byrom, James) |
| Filing 27 CONSENT to Proceed Before a Magistrate Judge by Houston Independent School District, F. Mike Miles, filed. (Byrom, James) |
| Filing 26 AMENDED COMPLAINT against Houston Independent School District, F. Mike Miles, Thompson & Horton LLP filed by Jessica Berry. (jmm4) |
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Filing 25
MINUTE ENTRY ORDER: Initial Conference held Appearances: Jessica Berry. Appearances: James Edwards Byrom, Morgan Paige Beam, Daniel Benjamin Blucher. Ct Reporter: ERO. Amended Complaint due by 9/12/2025. Answer due by 10/17/2025 (Signed by Magistrate Judge Peter Bray) Parties notified. (jmm4)
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| Filing 24 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Houston Independent School District, Houston Independent School District Board of Managers, F. Mike Miles, Thompson & Horton LLP, filed. (Beam, Morgan) |
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Filing 23
ORDER granting in part #21 Motion for Hearing. Initial Conference set for 8/28/2025 at 11:00 AM in by video before Magistrate Judge Peter Bray. Joint Discovery/Case Management Plan due 8/26/2025. (Signed by Magistrate Judge Peter Bray) Parties notified. (jmm4)
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| Filing 22 NOTICE of Appearance by Daniel Blucher on behalf of Thompson & Horton LLP, filed. (Blucher, Daniel) |
| Filing 21 MOTION for Initial Conference Motions referred to Peter Bray. by Jessica Berry, filed. Motion Docket Date 9/5/2025. (jld4) |
| Filing 20 Mail Returned Undeliverable as to Jessica Berry re: #16 Order on Motion for Leave to File, Order on Motion to Compel, filed. An updated address could not be found. (bmn4) |
| Filing 19 Mail Returned Undeliverable as to Jessica Berry re: #15 Notice of Referral of Case to Magistrate Judge, filed. (dah4) |
| Filing 18 Mail Returned Undeliverable as to Jessica Berry re: #14 Order of Recusal, filed. (dah4) |
| Filing 17 REPLY to Response to #8 MOTION to Dismiss , filed by Houston Independent School District, F. Mike Miles. (Byrom, James) |
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Filing 16
ORDER denying #11 Motion for Leave to File; denying #12 Motion to Compel.(Signed by Magistrate Judge Peter Bray) Parties notified. (jmm4)
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| Filing 15 NOTICE of Referral of Case to Magistrate Judge Peter Bray. Parties notified, filed. (mf4) |
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Filing 14
ORDER OF RECUSAL. Judge David Hittner recused. Case reassigned to Judge Ewing Werlein, Jr for all further proceedings. (Signed by Judge David Hittner) Parties notified. (mmm4)
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| Filing 13 RESPONSE in Opposition to #8 MOTION to Dismiss, filed by Jessica Berry. (bli4) |
| Filing 12 MOTION to Compel Discovery by Jessica Berry, filed. Motion Docket Date 8/4/2025. (bli4) |
| Filing 11 MOTION for Leave to File Documents Electronically by Jessica Berry, filed. Motion Docket Date 8/4/2025. (bli4) |
| Filing 10 Mail Returned Undeliverable as to Jessica Berry re: #4 Order for Initial Conference - FORM,, filed. (An Address update could not be found) (mew4) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thompson & Horton LLP, filed. Motion Docket Date 7/7/2025. (Attachments: #1 Proposed Order) (Augustine, Steven) |
| Filing 8 MOTION to Dismiss by Houston Independent School District, Houston Independent School District Board of Managers, F. Mike Miles, filed. Motion Docket Date 7/7/2025. (Attachments: #1 Proposed Order) (Byrom, James) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Houston Independent School District, Houston Independent School District Board of Managers, F. Mike Miles, filed. (Byrom, James) |
| Filing 6 NOTICE of Appearance by Morgan P. Beam on behalf of Houston Independent School District, Houston Independent School District Board of Managers, F. Mike Miles, filed. (Beam, Morgan) |
| Filing 5 Mail Returned Undeliverable as to Jessica Berry re: #3 Clerks Notice re Consent to Jurisdiction of Magistrate Judge, filed. (glk4) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/28/2025 at 10:45 AM by video before Magistrate Judge Peter Bray. (Signed by Magistrate Judge Peter Bray) Parties notified. (hlc4)
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| Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hlc4) |
| Referral Judge Selected: Magistrate Judge Peter Bray randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (hlc4) |
| Filing 2 CONSENT to Removal by Houston Independent School District, Houston Independent School District Board of Managers, F. Mike Miles, filed. (Foley, Zandra) |
| Filing 1 NOTICE OF REMOVAL from 55th Judicial District Court, case number 202527615 (Filing fee $ 405 receipt number ATXSDC-33491242) filed by Thompson & Horton LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit) (Foley, Zandra) |
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