Velasco, et al v. Texas Department Of Transportation et al

Filing 26

ORDER granting in part and denying in part 25 Motion to Sever. Severed case shall bear the caption Sylvia Hernandez v. Texas Department of Transportation. Court ORDERS that plaintiff Hernandez pay a new filing fee for the newly severed case again st TXDOT. Clerk of Court instructed to file copies of Scheduling Order (DE 14), General Order (DE 15), Order for Referral to Mediation (DE 16) and the parties' Joint Discovery Case Management Plan (DE 24) in the newly severed case. Court ORDERS that plaintiff Sylvia Hernandez must file an amended complaint in the newly severed case by Monday, 4/28/08. ( Signed by Judge Janis Graham Jack ) Parties notified.(mserpa, )

Velasco, et al v. Texas Department Of Transportation et al

Doc. 26

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION SYLVIA HERNANDEZ, et al, Plaintiffs, VS. TEXAS DEPARTMENT OF TRANSPORTATION, et al, Defendants. § § § § § § § § §

CIVIL ACTION NO. C-08-33

ORDER OF SEVERANCE On this day came on to be considered the motion to sever filed by Defendant Texas Department of Transportation (hereinafter, "TXDOT") (D.E. 25). TXDOT's motion to sever is GRANTED in part and DENIED in part, as set forth below. The Court hereby SEVERS the claims of Plaintiff Sylvia Hernandez from the claims of Plaintiffs Juan Velasco and Loretta Velasco. The claims of Plaintiffs Juan Velasco and Loretta Velasco shall remain pending in Case No. 2:08-cv-33, and the claims of Plaintiff Sylvia Hernandez shall bear a new cause number, to be assigned by the Clerk of Court. The severed case shall bear the caption Sylvia Hernandez v. Texas Department of Transportation, and the original case shall now bear the caption Juan Velasco, et al. v. Texas Department of Transportation. The Court ORDERS that Plaintiff Sylvia Hernandez shall pay a new filing fee for the newly severed case against TXDOT. The Court ORDERS that the Scheduling Order (D.E. 14), General Order (D.E. 15) and Order for Referral to Mediation (D.E. 16) apply to both the original Case No. 2:08-cv-33 and to the newly severed case. The same holds true for the parties' Joint Discovery/Case Management Plan (D.E. 24), which shall apply to the original and newly severed cases. The Clerk of Court is

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instructed to file copies of the Scheduling Order (D.E. 14), General Order (D.E. 15), Order for Referral to Mediation (D.E. 16) and the parties' Joint Discovery/Case Management Plan (D.E. 24) in the newly severed case, Sylvia Hernandez v. Texas Department of Transportation. The Court also ORDERS that discovery shall be shared in the original and newly severed cases, and that TXDOT is granted leave to be represented by Assistant Attorney General Henry De La Garza in the newly severed case. Finally, the Court ORDERS that Plaintiff Sylvia Hernandez must file an amended complaint in the newly severed case, Sylvia Hernandez v. Texas Department of Transportation.1 Ms. Hernandez' amended complaint must be filed by Monday, April 28, 2008.

SIGNED and ORDERED this 11th day of April, 2008.

___________________________________ Janis Graham Jack United States District Judge

Ms. Hernandez is hereby granted leave to file her amended complaint.

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