Case details

Court: txed
Docket #: 6:13-cv-00331
Case Name: Burchfield v. Texas Department of Corrections
PACER case #: 143879
Date filed: 2013-04-17
Date terminated: 2014-09-19
Assigned to: Judge Michael H. Schneider
Case Cause: 28:451 Employment Discrimination
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Charles H Clark
Mediator
 
Charles Homer Clark
Law Offices of Charles H.Clark, P.C.
604 West Woldert
Tyler, TX 75702
903/593-2514
Fax: 9035951294
Email: chc@charlesclarklaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Viola Burchfield
Plaintiff
 
Harry Bob Whitehurst
Attorney at Law
102 N College
Suite 808
Tyler, TX 75702
903/593-5588
Fax: 12148539382
Email: whitehurstlawfirm@yahoo.com
ATTORNEY TO BE NOTICED
Texas Department of Corrections
Defendant
 
Jacqueline Lee Haney
Attorney General's Office
P O Box 12548
Capitol Station
Austin, TX 78711
512/463-2080
Fax: 512-936-2109
Email: lee.haney@texasattorneygeneral.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lacey Mase
Office of the Attorney General
PO Box 12548
Capitol Station
Austin, TX 78701
512-463-2124
Fax: 512-495-9139
Email: lacey.mase@texasattorneygeneral.gov
ATTORNEY TO BE NOTICED
Texas Department of Criminal Justice
Defendant
 
Jacqueline Lee Haney
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lacey Mase
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Allan Kennedy Cook
Office of the Attorney General - Defense Div
300 W 15th Street
7th Floor
Austin, TX 78701
512/463-2080
Fax: 512/495-9139
Email: allan.cook@texasattorneygeneral.gov
ATTORNEY TO BE NOTICED

Calysta Lynn Lantiegne
Office of the Attorney General - Defense Div
300 W 15th Street
7th Floor
Austin, TX 78701
512-463-2080
Fax: 512-936-2109
Email: calysta.johnson@texasattorneygeneral.gov
ATTORNEY TO BE NOTICED

Cynthia Lee Burton
Office of the Attorney General - Defense Div
300 W 15th Street
7th Floor
Austin, TX 78701
512-463-2080
Fax: 512-495-9139
Email: cynthia.burton@texasattorneygeneral.gov
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-04-17 1 0 COMPLAINT against Texas Department of Corrections ( Filing fee $ 350 receipt number 0540-4096428.), filed by Viola Burchfield. (Attachments: # 1 Civil Cover Sheet, # 2 Summons(es))(Whitehurst, Harry) (Entered: 04/17/2013) 2015-04-12 22:03:30 a9dbef24fc0b2c0c3d32c7969a6f04c99021c6fd
1 1 Civil Cover Sheet
1 2 Summons(es)
2013-04-18 2 0 SUMMONS Issued as to Texas Department of Corrections and emailed to pltf for service. (klb) (Entered: 04/18/2013)
2013-05-15 3 0 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) by Texas Department of Corrections. (Attachments: # 1 Text of Proposed Order)(Mase, Lacey) (Entered: 05/15/2013)
2013-05-15 4 0 Defendant Texas Department of Criminal Justice's ANSWER to 1 Complaint by Texas Department of Corrections.(Mase, Lacey) (Entered: 05/15/2013)
2013-05-15 5 0 DEMAND for Trial by Jury by Texas Department of Corrections. (Mase, Lacey) (Entered: 05/15/2013)
2013-05-15 6 0 NOTICE by Texas Department of Corrections of Appearance of Co-Counsel J. Lee Haney (Mase, Lacey) (Entered: 05/15/2013)
2013-05-20 7 0 RESPONSE to Motion re 3 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Viola Burchfield. (Attachments: # 1 Text of Proposed Order)(Whitehurst, Harry) (Entered: 05/20/2013)
2013-05-20 8 0 NOTICE by Viola Burchfield (Whitehurst, Harry) (Entered: 05/20/2013)
2013-06-18 9 0 NOTICE of Discovery Disclosure by Texas Department of Corrections Initial Disclosure to Plaintiff (Mase, Lacey) (Entered: 06/18/2013)
2013-07-17 10 0 NOTICE of Discovery Disclosure by Viola Burchfield (Whitehurst, Harry) (Entered: 07/17/2013)
2013-07-26 11 0 NOTICE of Discovery Disclosure by Texas Department of Corrections (First Supplemental Disclosure to Plaintiff) (Mase, Lacey) (Entered: 07/26/2013)
2013-08-07 12 0 NOTICE by Viola Burchfield (Whitehurst, Harry) (Entered: 08/07/2013)
2013-08-12 13 0 MOTION for Leave to File by Viola Burchfield. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Whitehurst, Harry) (Entered: 08/12/2013)
2013-08-13 14 0 ORDER denying 3 Motion to Dismiss; granting 13 Motion for Leave to File Amended Complaint. Signed by Judge Michael H. Schneider on 8/13/2013. (gsg) (Entered: 08/13/2013)
2013-08-20 15 0 ***FILED IN ERROR. SEE ENTRY 16 FOR CORRECTED DOCUMENT.*** MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and Amended Answer to Plaintiff's Amended Complaint by Texas Department of Corrections. (Attachments: # 1 Text of Proposed Order)(Stone, Johnathan) Modified on 8/21/2013 (gsg). (Entered: 08/20/2013)
2013-08-20 16 0 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and Amended Answer to Plaintiff's Amended Complaint by Texas Department of Corrections. (Attachments: # 1 Text of Proposed Order)(Mase, Lacey) (Entered: 08/20/2013)
2013-08-23 17 0 RESPONSE in Opposition re 16 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and Amended Answer to Plaintiff's Amended Complaint filed by Viola Burchfield. (Attachments: # 1 Text of Proposed Order)(Whitehurst, Harry) (Entered: 08/23/2013)
2013-09-09 18 0 ***DEFICIENT DOCUMENT, PLEASE IGNORE***OPPOSED MOTION to Amend/Correct by Viola Burchfield. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Whitehurst, Harry) Modified on 9/10/2013 (sm, ). (Entered: 09/09/2013)
2013-09-10 19 0 MOTION for Leave to File by Viola Burchfield. (Attachments: # 1 Exhibit Second Amend Complaint, # 2 Text of Proposed Order order)(Whitehurst, Harry) (Entered: 09/10/2013)
2013-09-10 20 0 RESPONSE in Opposition re 19 MOTION for Leave to File To File Second Amended Complaint filed by Texas Department of Corrections . (Mase, Lacey) (Entered: 09/10/2013)
2013-09-17 21 0 REPLY to Response to Motion re 19 MOTION for Leave to File filed by Viola Burchfield. (Whitehurst, Harry) (Entered: 09/17/2013)
2013-09-23 22 0 NOTICE of Designation of Attorney in Charge to Jacqueline Lee Haney on behalf of Texas Department of Corrections (Haney, Jacqueline) (Entered: 09/23/2013)
2013-10-11 23 0 ORDER granting 19 Motion for Leave to File Amended Complaint; denying as moot 16 Motion to Dismiss. Signed by Judge Michael H. Schneider on 10/11/13. (mll, ) (Entered: 10/11/2013)
2013-10-11 24 0 ORDER setting Scheduling Conference for 11/5/2013 10:30 AM before Judge Michael H. Schneider. Signed by Judge Michael H. Schneider on 10/11/13. (mll, ) (Entered: 10/11/2013)
2013-10-17 25 0 NOTICE by Texas Department of Criminal Justice Certification of Disclosure of Interested Persons by Counsel for Defendants (Haney, Jacqueline) (Entered: 10/17/2013)
2013-10-21 26 0 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Attachment A: Proposed Scheduling and Discovery Order)(Haney, Jacqueline) (Entered: 10/21/2013)
2013-10-25 27 0 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and Second Amended Answer to Plaintiff's Second Amended Complaint by Texas Department of Criminal Justice. (Attachments: # 1 Text of Proposed Order)(Mase, Lacey) (Entered: 10/25/2013)
2013-10-29 28 0 SCHEDULING AND DISCOVERY ORDER: Final Pretrial Conference and trial scheduling set for 10/6/2014 09:00 AM in Ctrm 102 (Tyler) before Judge Michael H. Schneider. Amended Pleadings due by 12/2/2013. Discovery due by 6/2/2014. Expert Witness List due by 4/1/2014. Jury instructions due by 8/25/2014. Mediation Completion due by 8/1/2014. Designation of Mediator due by 7/1/2014. Proposed Pretrial Order due by 8/25/2014. The scheduling conference set for 11/5/2013 is cancelled. Signed by Judge Michael H. Schneider on 10/29/13. (mjc, ) (Entered: 10/29/2013)
2013-10-31 29 0 RESPONSE in Opposition re 27 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and Second Amended Answer to Plaintiff's Second Amended Complaint filed by Viola Burchfield. (Whitehurst, Harry) (Additional attachment(s) added on 11/4/2013: # 1 Text of Proposed Order) (gsg, ). (Entered: 10/31/2013)
2014-01-03 30 0 NOTICE of Attorney Appearance by Cynthia Lee Burton on behalf of Texas Department of Criminal Justice (Burton, Cynthia) (Entered: 01/03/2014)
2014-01-10 31 0 MOTION for Protective Order by Texas Department of Criminal Justice. (Attachments: # 1 Exhibit A-Affidavit and Certificate of Conference, # 2 Text of Proposed Order)(Burton, Cynthia) (Entered: 01/10/2014)
2014-01-12 32 0 RESPONSE to Motion re 31 MOTION for Protective Order filed by Viola Burchfield. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Text of Proposed Order)(Whitehurst, Harry) (Entered: 01/12/2014)
2014-01-14 33 0 REPLY to Response to Motion re 31 MOTION for Protective Order filed by Texas Department of Criminal Justice. (Attachments: # 1 Text of Proposed Order)(Haney, Jacqueline) (Entered: 01/14/2014)
2014-05-01 34 0 NOTICE by Texas Department of Criminal Justice re 28 Scheduling Order,, NOTICE OF THIRD SUPPLEMENTAL DISCLOSURE (Haney, Jacqueline) (Entered: 05/01/2014)
2014-05-01 35 0 NOTICE by Texas Department of Criminal Justice re 28 Scheduling Order,, Designation of Defendant Expert Witnesses (Haney, Jacqueline) (Entered: 05/01/2014)
2014-05-08 36 0 NOTICE by Texas Department of Criminal Justice Fourth Supplemental Disclosure to Plaintiff (Haney, Jacqueline) (Entered: 05/08/2014)
2014-05-27 37 0 ORDER granting 27 Partial Motion to Dismiss. The Court GRANTS Defendant's Motion to Dismiss and DISMISSES with prejudice Plaintiff's claim for age discrimination. The case will proceed only as to the gender discrimination claim. Signed by Judge Michael H. Schneider on 05/27/14. (mll, ) (Entered: 05/27/2014)
2014-05-27 38 0 ORDER TO MEET AND CONFER re 31 MOTION for Protective Order filed by Texas Department of Criminal Justice. Counsels for the parties are hereby ORDERED to meet and confer regarding the scope of Plaintiff's discovery request. Parties must file a joint status report within two days of this order. Signed by Judge Michael H. Schneider on 05/27/14. (mll, ) (Entered: 05/27/2014)
2014-05-29 39 0 NOTICE by Texas Department of Criminal Justice re 38 Order, (Haney, Jacqueline) (Entered: 05/29/2014)
2014-06-02 40 0 ORDER denying as moot 31 Motion for Protective Order. Signed by Judge Michael H. Schneider on 6/2/14. (mjc, ) (Entered: 06/02/2014)
2014-06-27 41 0 NOTICE of Designation of Mediator, Charles Clark, filed by Viola Burchfield. (Whitehurst, Harry) (Entered: 06/27/2014)
2014-07-01 42 0 MOTION for Summary Judgment by Texas Department of Criminal Justice. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Haney, Jacqueline) (Entered: 07/01/2014)
2014-06-30 43 0 ORDER REFERRING CASE to Mediator. Charles H Clark added as Mediator. Mediation shall be conducted by 8/1/2014. Signed by Judge Michael H. Schneider on 6/30/14. (mjc, ) (Entered: 07/01/2014)
2014-07-13 44 0 RESPONSE to Motion re 42 MOTION for Summary Judgment filed by Viola Burchfield. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit L1, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N, # 16 Exhibit Exhibit 0, # 17 Exhibit Exhibit P, # 18 Exhibit Exhibit Q)(Whitehurst, Harry) (Entered: 07/13/2014)
2014-07-16 45 0 REPLY to Response to Motion re 42 MOTION for Summary Judgment filed by Texas Department of Criminal Justice. (Attachments: # 1 Text of Proposed Order)(Haney, Jacqueline) (Entered: 07/16/2014)
2014-07-16 46 0 NOTICE of Attorney Appearance by Calysta Lynn Lantiegne on behalf of Texas Department of Criminal Justice (Lantiegne, Calysta) (Entered: 07/16/2014)
2014-07-16 47 0 NOTICE of Attorney Appearance by Allan Kennedy Cook on behalf of Texas Department of Criminal Justice (Cook, Allan) (Entered: 07/16/2014)
2014-07-22 48 0 SUR-REPLY to Reply to Response to Motion re 42 MOTION for Summary Judgment filed by Viola Burchfield. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Whitehurst, Harry) (Entered: 07/22/2014)
2014-08-01 49 0 NOTICE of Pretrial Disclosure by Viola Burchfield (Whitehurst, Harry) (Entered: 08/01/2014)
2014-08-01 50 0 NOTICE by Texas Department of Criminal Justice for Reuest for Daily Transcript and Realtime Reporting (Haney, Jacqueline) (Entered: 08/01/2014)
2014-08-01 51 0 REPORT of Mediation by Charles H Clark. Mediation result: impasse(Clark, Charles) (Entered: 08/01/2014)
2014-08-01 52 0 NOTICE by Texas Department of Criminal Justice Notice of Compliance of Court Order & Rule 26(a)(3)(A) to Plaintiff (Haney, Jacqueline) (Entered: 08/01/2014)
2014-08-04 53 0 Additional Attachments to Main Document (Certificate of Service) : 51 Report of Mediation.. (Clark, Charles) Modified on 8/4/2014 (sm, ). (Entered: 08/04/2014)
2014-08-12 54 0 NOTICE of Pretrial Objections by Viola Burchfield (Whitehurst, Harry) (Entered: 08/12/2014)
2014-08-12 55 0 RESPONSE to 54 Notice (Other) (Objection to designation of expert) filed by Texas Department of Criminal Justice. (Attachments: # 1 Text of Proposed Order)(Haney, Jacqueline) (Entered: 08/12/2014)
2014-08-14 56 0 NOTICE by Texas Department of Criminal Justice (Objections to Plaintiff's Exhibit List) (Haney, Jacqueline) (Entered: 08/14/2014)
2014-08-22 57 0 Proposed Pretrial Order (Joint) by Texas Department of Criminal Justice. (Attachments: # 1 Exhibit A-Defendant's Trial Witness List, # 2 Exhibit B-Defendant's Exhibit List, # 3 Exhibit C-Joint Pro0posed Jury Instructions and Verdict Forms Upon Which There is Disagreement, # 4 Exhibit D-Defendant's Proposed Jury Instructions, Jury Questions and Verdict Form, # 5 Exhibit E-Plaintiff's Motion in Limine and Supporting Brief, # 6 Exhibit F-Defendant's Motion in Limine, # 7 Exhibit G-Proposed Voir Dire Questions)(Haney, Jacqueline) (Entered: 08/22/2014)
2014-09-19 58 0 ORDER granting 42 Motion for Summary Judgment. Plaintiff's gender discrimination claim is DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 09/19/14. (mll, ) (Entered: 09/21/2014)
2014-09-19 59 0 FINAL JUDGMENT that Plaintiffs' claims are dismissed with prejudice, and final judgment is entered in this case. All relief not previously granted is hereby DENIED. Signed by Judge Michael H. Schneider on 09/19/14. (mll, ) (Entered: 09/21/2014)