Carter v. McDonough et al
Plaintiff: Stephanie Carter
Defendant: Denis Richard McDonough and United States Department of Veterans Affairs
Amicus Curiae: Robert Wilkie and States of Mississippi, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia
Case Number: 6:2022cv01275
Filed: December 13, 2022
Court: US District Court for the Western District of Texas
Presiding Judge: Alan D Albright
Referring Judge: Derek T Gilliland
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 2000 Job Discrimination (Religion)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2023 Opinion or Order Text Order GRANTING #45 Motion to Stay entered by Judge Alan D Albright. Before the Court is Defendants Unopposed Motion to Stay Deadlines Pending Resolution of the Preliminary Injunction Motion. For good cause shown, Defendants Motion is GRANTED. Defendants shall respond to the complaint within 30 days following a decision on Plaintiffs pending motion, if the case remains pending.(This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
February 10, 2023 Case Stayed (lad)
February 9, 2023 Filing 45 Unopposed MOTION to Stay DEADLINES PENDING RESOLUTION OF THE PRELIMINARY INJUNCTION MOTION by Denis Richard McDonough, United States Department of Veterans Affairs. (Attachments: #1 Exhibit Correspondence, #2 Proposed Order)(Deffebach, Anna)
February 8, 2023 Opinion or Order Filing 44 ORDER GRANTING #38 Motion to Appear Pro Hac Vice for Attorney Pamela Jo Bondi for Robert Wilkie. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Alan D Albright. (lad)
January 31, 2023 Filing 43 Sur-reply to Motion, filed by Denis Richard McDonough, United States Department of Veterans Affairs, re #13 CORRECTED MOTION for Preliminary Injunction filed by Plaintiff Stephanie Carter (lad)
January 31, 2023 Opinion or Order Text Order GRANTING #42 Motion for Leave to File entered by Judge Alan D Albright. Before the Court is Defendants Unopposed Motion for Leave to File a Sur-Reply in Opposition to Plaintiffs Motion for a Preliminary Injunction (ECF No. 13). Having considered the Motion and the pleadings in this case, the Court finds that the Motion should be GRANTED. Accordingly, IT IS HEREBY ORDERED that Defendants Unopposed Motion for Leave to File a Sur-Reply in Opposition to Plaintiffs Motion for a Preliminary Injunction is GRANTED, and IT IS FURTHER ORDERED that Defendants Sur-Reply in Opposition to Plaintiffs Motion for a Preliminary Injunction (ECF No. 42-1) be ACCEPTED and FILED by the clerk of Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
January 30, 2023 Filing 42 Unopposed MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for a Preliminary Injunction by Denis Richard McDonough, United States Department of Veterans Affairs. (Attachments: #1 Exhibit Sur-Reply, #2 Proposed Order)(Deffebach, Anna)
January 24, 2023 Filing 41 REPLY to Response to Motion, filed by Stephanie Carter, re #13 CORRECTED MOTION for Preliminary Injunction filed by Plaintiff Stephanie Carter (Attachments: #1 Appendix Supplemental)(Mateer, Jeffrey)
January 24, 2023 Opinion or Order Text Order GRANTING #40 Motion for Leave to File Excess Pages entered by Judge Alan D Albright. Pending before the Court is Plaintiffs Unopposed Motion for Leave to Exceed Page Limitation for Plaintiffs Reply Brief. Having considered the Motion, the Court is of the opinion that extraordinary and compelling reasons exist to justify granting permission to file a brief in excess of ten pages not to exceed twenty-five pages.IT IS HEREBY ORDERED that Plaintiffs Unopposed Motion for Leave to Exceed Page Limitation is GRANTED. Plaintiff may exceed the page limitation of Local Rule CV-7(e)(3) by filing a twenty-five page brief. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
January 23, 2023 Filing 40 Unopposed MOTION for Leave to Exceed Page Limitation by Stephanie Carter. (Attachments: #1 Proposed Order)(Runyan, Danielle)
January 23, 2023 Opinion or Order Filing 39 ORDER GRANTING #37 Motion to Appear Pro Hac Vice for Attorney Justin L. Matheny. Attorney added for States of Mississippi, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1)
January 20, 2023 Filing 38 MOTION to Appear Pro Hac Vice by Kenneth A Klukowski for Pamela Jo Bondi ( Filing fee $ 100 receipt number ATXWDC-16984599) by on behalf of Robert Wilkie. (Klukowski, Kenneth)
January 20, 2023 Filing 37 MOTION to Appear Pro Hac Vice for Justin L. Matheny ( Filing fee $ 100 receipt number 519) by States of Mississippi, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. (Attachments: #1 PHV Receipt)(ad3)
January 19, 2023 Filing 36 Amicus BRIEF by States of Mississippi, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. (lad)
January 19, 2023 Filing 35 Amicus BRIEF by Robert Wilkie. (lad)
January 19, 2023 Filing 34 NOTICE of Attorney Appearance by Jessica Hart Steinmann on behalf of Robert Wilkie (Klukowski, Kenneth) Modified on 1/20/2023 (sm3).
January 19, 2023 Opinion or Order Text Order GRANTING #30 Motion for Leave to File Amicus Brief entered by Judge Alan D Albright. IT IS HEREBY ORDERED that former United States Secretary of Veterans Affairs Robert Wilkies Unopposed Motion for Leave to File Brief as Amicus Curiae is GRANTED. The proposed brief submitted with the Motion shall be filed in this action upon entry of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
January 19, 2023 Opinion or Order Text Order GRANTING #33 Motion for Leave to File Amicus Brief entered by Judge Alan D Albright. IT IS HEREBY ORDERED that the States of Mississippi, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia's Motion for Leave to File Brief as Amicus Curiae is GRANTED. The proposed brief submitted with the Motion shall be filed in this action upon entry of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
January 18, 2023 Filing 33 MOTION for Leave to File Amicus Brief by Alixandria Morris by States of Mississippi, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. (Attachments: #1 Amicus Brief, #2 Proposed Order)(lad)
January 18, 2023 Opinion or Order Filing 32 ORDER GRANTING #29 Motion to Appear Pro Hac Vice for Attorney Gene C. Schaerr. Attorney added for Robert Wilkie. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1)
January 17, 2023 Filing 31 Response in Opposition to Motion, filed by Denis Richard McDonough, United States Department of Veterans Affairs, re #13 CORRECTED MOTION for Preliminary Injunction filed by Plaintiff Stephanie Carter (Attachments: #1 Appendix Defendants' Appendix)(Newman, Lisa)
January 17, 2023 Filing 30 MOTION for Leave to File Amicus Brief by Kenneth A. Klukowski. by Robert Wilkie. (Attachments: #1 Brief, #2 Proposed Order)(Klukowski, Kenneth)
January 17, 2023 Filing 29 MOTION to Appear Pro Hac Vice by Kenneth A Klukowski for Gene C. Schaerr ( Filing fee $ 100 receipt number ATXWDC-16966782) by on behalf of Robert Wilkie. (Attachments: #1 Gene C. Schaerr Bar Admissions)(Klukowski, Kenneth)
January 17, 2023 Filing 28 NOTICE of Attorney Appearance by Kenneth A Klukowski on behalf of Robert Wilkie. Attorney Kenneth A Klukowski added to party Robert Wilkie(pty:am) (Klukowski, Kenneth)
January 13, 2023 Filing 27 NOTICE of Attorney Appearance by Alexander N. Ely on behalf of Denis Richard McDonough, United States Department of Veterans Affairs. Attorney Alexander N. Ely added to party Denis Richard McDonough(pty:dft), Attorney Alexander N. Ely added to party United States Department of Veterans Affairs(pty:dft) (Ely, Alexander)
January 12, 2023 Opinion or Order Text Order GRANTING #26 Motion for Leave to File Excess Pages entered by Judge Alan D Albright. Pending before the Court is Defendants Unopposed Motion for Leave to Exceed Page Limitation for Defendants Opposition to Plaintiffs Motion for a Preliminary Injunction. Having considered the Motion and noting that it is unopposed, the Court is of the opinion that good cause exists to justify granting permission for Defendants to file a 45-page brief.IT IS HEREBY ORDERED that Defendants Unopposed Motion for Leave to Exceed Page Limitation is GRANTED. Defendants may exceed the page limitation of Local Rule CV-7(D)(3) by filing a 45-page brief (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
January 11, 2023 Filing 26 Unopposed MOTION for Leave to Exceed Page Limitation by Denis Richard McDonough, United States Department of Veterans Affairs. (Attachments: #1 Proposed Order)(Deffebach, Anna)
January 10, 2023 Filing 25 NOTICE of Attorney Appearance by Anna Lynn Deffebach on behalf of Denis Richard McDonough, United States Department of Veterans Affairs. Attorney Anna Lynn Deffebach added to party Denis Richard McDonough(pty:dft), Attorney Anna Lynn Deffebach added to party United States Department of Veterans Affairs(pty:dft) (Deffebach, Anna)
December 28, 2022 Filing 24 SUMMONS Returned Executed (Corrected) by Stephanie Carter. Denis Richard McDonough served on 12/15/2022, answer due 2/13/2023. (Mateer, Jeffrey)
December 27, 2022 Filing 23 DEFICIENCY NOTICE: re #21 Acknowledgment of Service Returned,, Summons Returned Executed, (lad)
December 27, 2022 Filing 22 SUMMONS Returned Executed by Stephanie Carter. United States Department of Veterans Affairs served on 12/20/2022, answer due 2/21/2023. (Mateer, Jeffrey)
December 27, 2022 Filing 21 Acknowledgment of Service returned by Stephanie Carter. Denis Richard McDonough served on 12/15/2022, answer due 1/17/2023., SUMMONS Returned Executed by Stephanie Carter. Denis Richard McDonough served on 12/15/2022, answer due 1/17/2023. (Mateer, Jeffrey)
December 23, 2022 Opinion or Order Text Order GRANTING #20 Motion for Extension of Time to File Response/Reply re #20 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 CORRECTED MOTION for Preliminary Injunction entered by Judge Alan D Albright. Upon consideration of Defendants Unopposed Motion for an Extension of Time to Oppose Plaintiffs Motion for a Preliminary Injunction, IT IS ORDERED that Defendants motion is GRANTED. Defendants shall file their response to Plaintiffs Motion for a Preliminary Injunction on or before January 17, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
December 22, 2022 Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 CORRECTED MOTION for Preliminary Injunction by Denis Richard McDonough, United States Department of Veterans Affairs. (Attachments: #1 Ex. A, #2 Proposed Order)(Newman, Lisa)
December 22, 2022 Filing 19 NOTICE of Attorney Appearance by Christine K. Pratt on behalf of Stephanie Carter (Pratt, Christine)
December 22, 2022 Filing 18 NOTICE of Attorney Appearance by Danielle A. Runyan on behalf of Stephanie Carter (Runyan, Danielle)
December 20, 2022 Filing 17 NOTICE of Supplemental Factual Developments by Stephanie Carter (Mateer, Jeffrey)
December 16, 2022 Opinion or Order Text Order GRANTING #11 Motion for Leave to File Excess Pages entered by Judge Alan D Albright. Pending before the Court is Plaintiffs Motion for Leave to Exceed Page Limitation for Plaintiffs Motion for Preliminary Injunction. Having considered the Motion, the Court is of the opinion that extraordinary and compelling reasons exist to justify granting permission for Plaintiff to file a 38-page brief. IT IS HEREBY ORDERED that Plaintiffs Motion for Leave to Exceed Page Limitation for Plaintiffs Motion for Preliminary Injunction is GRANTED. Plaintiff may exceed the page limitation of Local Rule CV-7(c)(2) by filing a 38-page brief. Accordingly, Plaintiffs Motion for Preliminary Injunction is accepted as filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
December 14, 2022 Opinion or Order Filing 16 ORDER GRANTING #9 Motion to Appear Pro Hac Vice for Attorney Danielle A. Runyan for Stephanie Carter. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Alan D Albright. (ad3)
December 14, 2022 Opinion or Order Filing 15 ORDER GRANTING #10 Motion to Appear Pro Hac Vice for Attorney Christine K. Pratt for Stephanie Carter. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Alan D Albright. (ad3)
December 14, 2022 Opinion or Order Filing 14 ORDER VACATING REFERRAL: CASE NO LONGER REFERRED to Magistrate Judge Derek T. Gilliland. Signed by Judge Alan D Albright. (lad)
December 14, 2022 Filing 13 CORRECTED MOTION for Preliminary Injunction by Stephanie Carter. (Attachments: #1 Proposed Order, #2 Appendix)(Mateer, Jeffrey) Correcting #12 (lad).
December 13, 2022 Filing 12 MOTION for Preliminary Injunction by Stephanie Carter. (Attachments: #1 Proposed Order, #2 Appendix)(Mateer, Jeffrey) Modified on 12/14/2022 per Plaintiff's. Document contains an error in the Motion and Appendix. Refiling a corrected version. Instant Motion being terminated per request (zv).
December 13, 2022 Filing 11 MOTION for Leave to Exceed Page Limitation by Stephanie Carter. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Mateer, Jeffrey)
December 13, 2022 Filing 10 MOTION to Appear Pro Hac Vice by David Jonathan Hacker for Christine K. Pratt ( Filing fee $ 100 receipt number ATXWDC-16853624) by on behalf of Stephanie Carter.. Motions referred to Judge Derek T. Gilliland. (Hacker, David)
December 13, 2022 Filing 9 MOTION to Appear Pro Hac Vice by David Jonathan Hacker for Danielle A. Runyan ( Filing fee $ 100 receipt number ATXWDC-16853568) by on behalf of Stephanie Carter.. Motions referred to Judge Derek T. Gilliland. (Hacker, David)
December 13, 2022 Filing 8 Summons Issued as to Denis Richard McDonough, United States Department of Veterans Affairs. (lad) (Main Document 8 replaced on 12/13/2022) (lad).
December 13, 2022 Filing 7 NOTICE of Attorney Appearance by Holly Mischelle Randall on behalf of Stephanie Carter (Randall, Holly)
December 13, 2022 Filing 6 NOTICE of Attorney Appearance by Justin E. Butterfield on behalf of Stephanie Carter. Attorney Justin E. Butterfield added to party Stephanie Carter(pty:pla) (Butterfield, Justin)
December 13, 2022 Filing 5 NOTICE of Attorney Appearance by Michael Dan Berry on behalf of Stephanie Carter (Berry, Michael)
December 13, 2022 Filing 4 NOTICE of Attorney Appearance by David Jonathan Hacker on behalf of Stephanie Carter. Attorney David Jonathan Hacker added to party Stephanie Carter(pty:pla) (Hacker, David)
December 13, 2022 Filing 3 NOTICE of Attorney Appearance by Jeffrey C. Mateer on behalf of Stephanie Carter (Mateer, Jeffrey)
December 13, 2022 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Stephanie Carter. (Mateer, Jeffrey)
December 13, 2022 Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-16853095), filed by Stephanie Carter. (Attachments: #1 Civil Cover Sheet)(Mateer, Jeffrey)
December 13, 2022 Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Derek T. Gilliland. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad)

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Search for this case: Carter v. McDonough et al
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Plaintiff: Stephanie Carter
Represented By: David Jonathan Hacker
Represented By: Holly Mischelle Randall
Represented By: Justin E. Butterfield
Represented By: Michael Dan Berry
Represented By: Jeffrey C. Mateer
Represented By: Danielle A. Runyan
Represented By: Christine K. Pratt
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Defendant: Denis Richard McDonough
Represented By: Lisa Newman
Represented By: Alexander N. Ely
Represented By: Anna Lynn Deffebach
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Defendant: United States Department of Veterans Affairs
Represented By: Alexander N. Ely
Represented By: Anna Lynn Deffebach
Represented By: Lisa Newman
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Amicus curiae: Robert Wilkie
Represented By: Gene C. Schaerr
Represented By: Jessica Elizabeth Hart Steinmann
Represented By: Kenneth A Klukowski
Represented By: Pamela Jo Bondi
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Amicus curiae: States of Mississippi, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia
Represented By: Justin L. Matheny
Represented By: Alixandria K Morris
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