Unopposed MOTION for Entry of Judgment by Ernest Aliseda, Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Alex Cranberg, Paul Foster, Dahlia Guerra, Wallace Hall, Steven Hicks, Jeffery Hildebrand, Brenda Pejovich, Eugene Powell, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System, filed. Motion Docket Date 1/3/2017. (Attachments: # 1 Exhibit A, # 2 Proposed Order Granting Motion to Enter Final Judgment, # 3 Proposed Order of Final Judgment)(Soto, Esteban)
Minute Entry for proceedings held before Judge Micaela Alvarez. INITIAL PRETRIAL CONFERENCE held on 5/6/2016. The parties appeared before the Court for an initial pretrial conference. As a preliminary matter, Defendants' counsel stated he was appearing on behalf of the university regents (Defendants Hall, Hicks, Stillwell, Foster, Hildebrand, Powell, Aliseda, Pejovich, Cranberg) in their official capacities only. Plaintiff's counsel agreed that the university regents Defendants had not been served with process in their individual capacities. The Court next discussed the pending motion to dismiss filed by Defendants. The Court announced it would dismiss Plaintiff's claims. First, the Court stated that an 11th Amendment issue precluded Plaintiff's ability to sue the state, in this case, the University of Texas RGV and the University of Texas system. The Court next dismissed Defendants Rodriguez, Bailey, Brown, Guerra, and Anderson-Mejias due to Plaintiff's failure to state a claim. As for the university regent defendants in their official capacity, the Court noted there were numerous grounds for their dismissal. The Court entered an oral order to that effect, with a written opinion to follow. Appearances: Esteban Soto, Lance Dion Leisure.(ERO:Candy Jones [9:42-9:50]), filed.(ibelmares,fh 7)
ORDER re: 33 Joint MOTION to Reset Initial Conference or Appear Telephonically ( Initial Conference reset for 5/6/2016 at 09:00 AM before Judge Micaela Alvarez)(Signed by Judge Micaela Alvarez) Parties notified.(jengonzalez, 7)
Joint MOTION to Reset Initial Conference or Appear Telephonically by Ernest Aliseda, Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Alex Cranberg, Paul Foster, Dahlia Guerra, Wallace Hall, Steven Hicks, Jeffery Hildebrand, Brenda Pejovich, Eugene Powell, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System, filed. Motion Docket Date 5/9/2016. (Attachments: # 1 Proposed Order)(Soto, Esteban)
NOTICE of Appearance by Drew L. Harris on behalf of Ernest Aliseda, Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Alex Cranberg, Paul Foster, Dahlia Guerra, Wallace Hall, Steven Hicks, Jeffery Hildebrand, Brenda Pejovich, Eugene Powell, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System, filed. (Harris, Drew)
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Ernest Aliseda, Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Alex Cranberg, Paul Foster, Dahlia Guerra, Wallace Hall, Steven Hicks, Jeffery Hildebrand, Brenda Pejovich, Eugene Powell, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System, filed.(Soto, Esteban)
CERTIFICATE OF INTERESTED PARTIES by Ernest Aliseda, Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Alex Cranberg, Paul Foster, Dahlia Guerra, Wallace Hall, Steven Hicks, Jeffery Hildebrand, Brenda Pejovich, Eugene Powell, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System, filed.(Soto, Esteban)
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/19/2016 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(bgarces, 7)
ORDER OF RECUSAL. Chief Judge Ricardo H. Hinojosa recused. Case reassigned to Judge Micaela Alvarez for all further proceedings(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, 7)
Case transferred in from Texas Western. Case Number 1:15-cv-00913; certified copy of transfer order, certified docket sheet, and transfer letter received
ORDER GRANTING Defendants' Opposed 13 Motion to Transfer Venue to the United States District Court for the Southern District of Texas, McAllen Division. All pending motions remain for consideration by the United States District Court of the Southern District of Texas, McAllen Division. Signed by Judge Lee Yeakel. (klw)
REPLY to Response to Motion, filed by Ernest Aliseda, Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Alex Cranberg, Paul Foster, Dahlia Guerra, Wallace Hall, Steven Hicks, Jeffery Hildebrand, Brenda Pejovich, Eugene Powell, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System, re 13 Opposed MOTION to Transfer Case to Southern District, McAllen Division filed by Defendant Guy Bailey, Defendant Dahlia Guerra, Defendant University of Texas Rio Grande Valley, Defendant Pamela Anderson-Mejias, Defendant Havidan Rodriguez, Defendant University of Texas System, Defendant Cynthia Brown (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Soto, Esteban)
MOTION to Dismiss Plaintiff's First Amended Complaint by Ernest Aliseda, Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Alex Cranberg, Paul Foster, Dahlia Guerra, Wallace Hall, Steven Hicks, Jeffery Hildebrand, Brenda Pejovich, Eugene Powell, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System. (Soto, Esteban)
REPLY to Response to Motion, filed by Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Dahlia Guerra, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System, re 14 MOTION to Dismiss filed by Defendant Guy Bailey, Defendant Dahlia Guerra, Defendant University of Texas Rio Grande Valley, Defendant Pamela Anderson-Mejias, Defendant Havidan Rodriguez, Defendant University of Texas System, Defendant Cynthia Brown (Soto, Esteban)
Response in Opposition to Motion, filed by 72C1859, re 13 Opposed MOTION to Transfer Case to Southern District, McAllen Division filed by Defendant Guy Bailey, Defendant Dahlia Guerra, Defendant University of Texas Rio Grande Valley, Defendant Pamela Anderson-Mejias, Defendant Havidan Rodriguez, Defendant University of Texas System, Defendant Cynthia Brown (Leisure, Lance)
Response in Opposition to Motion, filed by 72C1859, re 14 MOTION to Dismiss filed by Defendant Guy Bailey, Defendant Dahlia Guerra, Defendant University of Texas Rio Grande Valley, Defendant Pamela Anderson-Mejias, Defendant Havidan Rodriguez, Defendant University of Texas System, Defendant Cynthia Brown (Leisure, Lance)
AMENDED COMPLAINT against Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Dahlia Guerra, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System, Wallace Hall, Steven Hicks, Paul Foster, Jeffery Hildebrand, Eugene Powell, Ernest Aliseda, Brenda Pejovich, Alex Cranberg amending 1 Complaint, filed by 72C1859.(klw)
ORDER GRANTING 15 Motion for Extension of Time to File Response toDefendants' Motion to Dismiss and Motion to Transfer Venue. Signed by Judge Lee Yeakel. (ml)
Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss and Motion to Transfer Venue by 72C1859. (Attachments: # 1 Proposed Order)(Leisure, Lance)
MOTION to Dismiss by Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Dahlia Guerra, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System. (Soto, Esteban)
Opposed MOTION to Transfer Case to Southern District, McAllen Division by Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Dahlia Guerra, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System. (Attachments: # 1 Proposed Order)(Soto, Esteban)
WAIVER OF SERVICE Returned Executed by 72C1859 as to Pamela Anderson-Mejias. Waiver sent on 10/15/2015, answer due 12/14/2015; Guy Bailey. Waiver sent on 10/15/2015, answer due 12/14/2015; Cynthia Brown. Waiver sent on 10/15/2015, answer due 12/14/2015; Dahlia Guerra. Waiver sent on 10/15/2015, answer due 12/14/2015; Havidan Rodriguez. Waiver sent on 10/15/2015, answer due 12/14/2015. (Leisure, Lance)
Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Pamela Anderson-Mejias, Guy Bailey, Cynthia Brown, Dahlia Guerra, Havidan Rodriguez, University of Texas Rio Grande Valley, University of Texas System. (Attachments: # 1 Proposed Order)(Soto, Esteban)
Notice of Correction: re 8 Certificate of Service, 9 Certificate of Service. Clerk notes that these documents are incorrectly filed as Certificate of Service instead of as Summons Returned Executed. Failure to docket using the correct event with result in the system not setting an answer deadline. Future returns should be docketed using the correct event Summons Returned Executed. Using an incorrect event in future filings will result in a deficiency notes and will require refiling using the correct event. (klw)
Filed: 11/9/2015, Entered: 11/10/2015
SUMMONS Returned Executed by 72C1859 incorrectly docketed as 8 Certificate of Service and 9 Certificate of Service. University of Texas Rio Grande Valley served on 10/30/2015, answer due 11/20/2015; University of Texas System served on 10/29/2015, answer due 11/19/2015. (klw)
ORDER GRANTING 2 Motion for Mark Correro to Appear Pro Hac Vice on behalf of Plaintiff. 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. Signed by Judge Lee Yeakel. (klw)
ORDER GRANTING 3 Motion for Lance Leisure to Appear Pro Hac Vice on behalf of Plaintiff. 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. Signed by Judge Lee Yeakel. (klw)
Case Assigned to Judge Lee Yeakel. 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. (so)
MOTION to Appear Pro Hac Vice by Joseph Allen Halbrook, Jr Lance Leisure ( Filing fee $ 100 receipt number 0542-7869882) by on behalf of 72C1859. (Halbrook, Joseph)
MOTION to Appear Pro Hac Vice by Joseph Allen Halbrook, Jr Mark A. Corrrero ( Filing fee $ 100 receipt number 0542-7869857) by on behalf of 72C1859. (Halbrook, Joseph)
COMPLAINT and Jury Demand ( Filing fee $ 400 receipt number 0542-7869672). No Summons requested at this time, filed by 72C1859. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet)(Halbrook, Joseph)
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