Smith v. The Abandoned Vessel

Filing 102

Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (1 copies). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 101 Notice of Appeal, filed.(ypippin, )

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Smith v. The Abandoned Vessel Doc. 102 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Nathan Smith v. The Abandoned Vessel § § § CASE NUMBER: 4:07-cv-784 § District Judge: David Hittner § Court Reporter(s): ERO § NOTICE OF THE FILING OF AN APPEAL In connection with this appeal, instrument # 101, filed by Joe Thrash, a copy of the notice of appeal, the order being appealed and the docket sheet are attached. In regard to this appeal: · The Court of Appeal $455.00 filing and docketing fees have been paid or a motion for in forma pauperis has been granted. DKT-13 transcript ordering instructions are attached. The Clerk of Court will submit to the Fifth Circuit Court of Appeals a Certificate of Non-Compliance if the appellant fails to return the transcript order form. · · Michael N. Milby, Clerk Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Nathan Smith v. The Abandoned Vessel § § § CASE NUMBER: 4:07-cv-784 § District Judge: David Hittner § Court Reporter(s): ERO § TRANSCRIPT ORDER INSTRUCTIONS TO APPELLANT Pursuant to FRAP 10(a)(1), a transcript order form must be filed within 10 days of the filing of the notice of appeal. Please review the instructions on the attached DKT 13 Transcript Order Form. Prepare a separate DKT 13 for each reporter from whom transcripts are ordered. All transcripts from tape recorded proceedings may be ordered on one form. Specify exact dates of proceedings to be transcribed on the appropriate reporter or tape order. If transcript is unnecessary or already on file in the Clerk's office, prepare a DKT 13 and mark the appropriate box to indicate this information. The appellant must contact the court reporter within 10 days of the filing of the notice of appeal to arrange for the preparation of transcripts. Court Reporting Services P.O. Box 61010 Houston, TX 77208 Electronic Court Reporting 713-250-5404 Court Reporters 713-250-5499 US District Court 600 E Harrison Street Brownsville, TX 78520-7114 956-548-2500 US District Court 1133 North Shoreline Blvd, Room 208 Corpus Christi, TX 78401 361-888-3142 US District Court PO Box 2300 Galveston, TX 77553 409-766-3530 US District Court 1300 Victoria Street, Suite 1131 Laredo, TX 78040 956-790-1733 US District Court 1701 W. Business Hwy 83, Suite 1011 McAllen, TX 78501 956-618-8065 US District Court PO Box 1638 Victoria, TX 78476 361-788-5000 Case 4:07-cv-00784 Document 101 Filed in TXSD on 03/24/2009 Page 1 of 3 Case 4:07-cv-00784 Document 101 Filed in TXSD on 03/24/2009 Page 2 of 3 Case 4:07-cv-00784 Document 101 Filed in TXSD on 03/24/2009 Page 3 of 3 Case 4:07-cv-00784 Document 95 Filed in TXSD on 02/23/2009 Page 1 of 1 DC CM/ECF LIVE- US District Court-Texas Southern Page 1 of 8 APPEAL U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:07-cv-00784 Internal Use Only Smith v. The Abandoned Vessel Assigned to: Judge David Hittner Cause: 28:1333 Admiralty Plaintiff Nathan Smith represented by Richard Austin Schwartz Schwartz Junell et al 909 Fannin Ste 2700 Houston , TX 77010 713-752-0017 Fax: 713-752-0327 fax Email: dschwartz@schwartz-junell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jay Alan McKendree Acosta Shrode and Soule 11200 Richmond Ste 490 Houston , TX 77082 281-496-3140 Fax: 281-752-6329 Email: jaymckendree@sbcglobal.net TERMINATED: 09/24/2007 ATTORNEY TO BE NOTICED Wilbourn Thomas Woodward Killeen and Stern 8 Greenway Plaza Ste 614 Houston , TX 77046 713-626-5100 Email: wwoodward@killeen-law.com TERMINATED: 09/19/2007 ATTORNEY TO BE NOTICED V. Defendant Date Filed: 03/06/2007 Jury Demand: None Nature of Suit: 340 Marine Jurisdiction: Federal Question https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?858920736624504-L_801_0-1 3/25/2009 DC CM/ECF LIVE- US District Court-Texas Southern The Abandoned Vessel Defendant Killeen & Stern, PC Defendant Executor Morgan Dunn O'Connor represented by Ronald B Walker Walker Keeling et al PO Box 108 Victoria , TX 77902-0108 361-576-6800 Fax: 361-576-6196 Email: rwalker@wkcfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Ronald B Walker (See above for address) TERMINATED: 05/12/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Ronald B Walker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Page 2 of 8 Intervenor Marie Sorenson TERMINATED: 05/12/2008 Intervenor Morgan Dunn O'Connor Executor of the Estate of Marie O'Connor Sorenson Intervenor Texas Historical Commission represented by Joe H Thrash Office of the Attorney General 300 W 15th Street Ste 1206 Austin , TX 78701 512-475-4685 Fax: 512-320-0167 Email: joe.thrash@oag.state.tx.us LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed 03/06/2007 03/07/2007 # 1 2 Docket Text SEALED DOCUMENT (McKendree, Jay) Modified on 11/28/2007 (ealexander, ). (Entered: 03/06/2007) ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/3/2007 at 02:00 PM in Courtroom 702 before Magistrate Judge Stephen Smith.( Signed by Judge David Hittner ) Parties notified.(mmapps, ) (Entered: 03/07/2007) CERTIFICATE OF INTERESTED PARTIES, filed.(McKendree, Jay) (Entered: 03/22/2007 3 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?858920736624504-L_801_0-1 3/25/2009 DC CM/ECF LIVE- US District Court-Texas Southern 03/22/2007) 05/02/2007 05/03/2007 4 5 SEALED DOCUMENT (McKendree, Jay) Modified on 11/28/2007 (ealexander, ). (Entered: 05/02/2007) Page 3 of 8 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 5/3/2007. No scheduling order issued. Pending motion for entry of order 4 to determine further action in this case. Appearances: Jay Alan McKendree. (ERO:C. Peebles), filed. (jmarchand) (Entered: 05/03/2007) SEALED Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) Modified on 11/28/2007 (ealexander, ). (Entered: 05/07/2007) Unopposed MOTION for Extension of Time Publication by Nathan Smith, filed. Motion Docket Date 6/12/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay) (Entered: 05/23/2007) ORDER granting 7 Motion for Extension of Time.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 05/25/2007) ORDER Initial Conference set for 9/12/2007 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 06/10/2007) Unopposed MOTION for Entry of Judgment by Nathan Smith, filed. Motion Docket Date 9/25/2007. (Attachments: # 1 Exhibit A, B, C, and D)(Woodward, Wilbourn) (Entered: 09/05/2007) SEALED ORDER.( Signed by Judge David Hittner ) Parties notified. (ealexander, ) Modified on 11/28/2007 (ealexander, ). (Entered: 09/07/2007) SEALED DOCUMENT. (Walker, Ronald) Modified on 9/13/2007 (ltien, ). Modified on 11/28/2007 (ealexander, ). (Entered: 09/11/2007) SEALED DOCUMENT. (Walker, Ronald) Modified on 9/13/2007 (ltien, ). Modified on 11/28/2007 (ealexander, ). (Entered: 09/11/2007) ORDER granting and denying in part 12 Opposed MOTION for New Trial, 13 Opposed MOTION to Stay, Case reopened on September 14, 2007. This case is set for a Rule 16 Scheduling Conference on October 25, 2007 at 2:00 p.m. before Magistrate Judge Stephen Wm Smith.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 09/17/2007) ***Set/Reset Deadlines/Hearings: Initial Conference set for 10/25/2007 at 02:00 PM in Courtroom 702 before Magistrate Judge Stephen Smith (ealexander, ) (Entered: 09/17/2007) 05/04/2007 05/23/2007 6 7 05/24/2007 06/08/2007 8 9 09/05/2007 10 09/07/2007 09/11/2007 09/11/2007 09/14/2007 11 12 13 14 09/14/2007 09/18/2007 15 MOTION for Robert J. Killeen, Jr. to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Proposed Order Granting Motion to Withdraw as Counsel)(Woodward, Wilbourn) (Entered: 09/18/2007) ORDER granting 15 Motion to Withdraw as Attorney.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 09/20/2007) MOTION for Jay A. McKendree to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/15/2007. (Attachments: # 1 Proposed Order) (McKendree, Jay) (Entered: 09/23/2007) 09/19/2007 09/23/2007 16 17 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?858920736624504-L_801_0-1 3/25/2009 DC CM/ECF LIVE- US District Court-Texas Southern 09/24/2007 09/28/2007 10/18/2007 10/18/2007 18 19 20 21 Page 4 of 8 ORDER granting 17 Motion to Withdraw as Attorney.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 09/25/2007) ORDER Clarifying Order of September 14, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 09/28/2007) ANSWER to 1 Complaint by Marie Sorenson, filed.(Walker, Ronald) (Entered: 10/18/2007) Opposed MOTION to Dismiss 1 Complaint by Marie Sorenson, filed. Motion Docket Date 11/7/2007. (Attachments: # 1 Proposed Order Order Granting Dismissal For Failure To State A Claim)(Walker, Ronald) (Entered: 10/18/2007) CERTIFICATE OF INTERESTED PARTIES by Intervenor Marie Sorenson, filed.(Walker, Ronald) (Entered: 10/25/2007) Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 10/25/2007. Scheduling order issued. Appearances:Terry Carroll for Ronald Walker, Richard Austin Schwartz.(ERO:P. Crawford), filed.(jmarchand) (Entered: 10/25/2007) SCHEDULING ORDER: Trial Term: November/December 2008. ETT: 3 days. Bench Trial. Amended Pleadings due by 2/29/2008. Joinder of Parties due by 1/31/2008. Pltf Expert Witness List due by 2/29/2008. Deft Expert Witness List due by 3/31/2008. Discovery due by 7/1/2008. Dispositive Motion Filing due by 7/31/2008. Non-Dispositive Motion Filing due by 7/31/2008. Joint Pretrial Order due by 10/30/2008. ( Signed by Judge Stephen Wm Smith ) Parties notified. (jmarchand) (Entered: 10/25/2007) STIPULATION re: to Extend Submission Date on Intervenor Sorenson's Motion to Dismiss by Nathan Smith, filed.(Schwartz, Richard) (Entered: 11/07/2007) Stipulation and Order to Extend Submission Date on Intervenor Sorenson's Motion to Dismiss to November 21, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/09/2007) Unopposed MOTION to Seal Documents by Nathan Smith, filed. Motion Docket Date 12/10/2007. (Schwartz, Richard) (Entered: 11/20/2007) PROPOSED ORDER re: 27 Unopposed MOTION to Seal Documents, filed. (Schwartz, Richard) (Entered: 11/20/2007) RESPONSE to 21 Opposed MOTION to Dismiss 1 Complaint, filed by Nathan Smith. (Schwartz, Richard) (Entered: 11/21/2007) EXHIBITS re: 29 Response to Motion by Nathan Smith, filed.(Schwartz, Richard) (Entered: 11/21/2007) PROPOSED ORDER re: 29 Response to Motion, filed.(Schwartz, Richard) (Entered: 11/21/2007) REPLY in Support of 21 Opposed MOTION to Dismiss 1 Complaint, filed by Marie Sorenson. (Walker, Ronald) (Entered: 11/27/2007) ORDER granting 27 Motion to Seal Documents.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/28/2007) Nathan Smith's Sur-Reply to Intevenor Sorenson's Reply Regarding Sorenson's 10/25/2007 10/25/2007 22 23 10/25/2007 24 11/07/2007 11/08/2007 25 26 11/20/2007 11/20/2007 11/21/2007 11/21/2007 11/21/2007 11/27/2007 11/27/2007 11/30/2007 27 28 29 30 31 32 33 34 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?858920736624504-L_801_0-1 3/25/2009 DC CM/ECF LIVE- US District Court-Texas Southern Page 5 of 8 21 MOTION to Dismiss, by Nathan Smith, filed.(Schwartz, Richard) Linked to #21 on 12/5/2007 (ltien, ). (Entered: 11/30/2007) 01/31/2008 35 MOTION for Leave to File First Amended Original Complaint by Nathan Smith, filed. Motion Docket Date 2/20/2008. (Attachments: # 1 Complaint First Amended# 2 Proposed Order)(Schwartz, Richard) (Entered: 01/31/2008) ORDER granting 35 Motion for Leave to File First Amended Complaint.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/25/2008) First Amended Original Complaint against Killeen & Stern, PC, Marie Sorenson, The Abandoned Vessel filed by Nathan Smith.(ealexander, ) (Entered: 02/25/2008) ORDER denying 21 Motion to Dismiss.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/25/2008) STIPULATION re: Parties' Expert Report Deadline by Nathan Smith, filed. (Schwartz, Richard) (Entered: 04/21/2008) ORDER to Extend the Parites' Expert Report Deadline. Plaintiff's expert report deadline to reset to May 30, 2008. Intervenor's expert report deadline is moved to June 30, 2008.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 04/22/2008) Summons Issued as to Killeen & Stern, PC, filed.(espencer, ) (Entered: 04/23/2008) 41 Suggestion of Death and Unopposed Motion to Substitute Proper Party Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, Intervenor, in place of Marie Sorenson. (Attachments: # 1 Proposed Order)(Walker, Ronald) (Entered: 05/07/2008) Agreed PROPOSED ORDER Protective, filed.(Schwartz, Richard) (Entered: 05/09/2008) ORDER granting 41 Motion to Substitute Party. Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, is substituted as the Interenor in this matter added..(Signed by Judge David Hittner) Parties notified. (ealexander, ) (Entered: 05/13/2008) AGREED PROTECTIVE ORDER.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 05/13/2008) STIPULATION re: Extending the Parties' Expert Report Deadline by Nathan Smith, filed.(Schwartz, Richard) (Entered: 05/30/2008) ORDER that Plaintiff's expert report dealine is moved to June 30, 2008 and Intervenor's expert report deadline is moved to July 30, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 06/04/2008) Sealed Event, filed. (With attachments) (Entered: 07/31/2008) RESPONSE to 47 Sealed Event, filed by Morgan Dunn O'Connor. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Proposed Order)(Walker, Ronald) Modified on 8/25/2008 (ealexander, ). This docket entry is sealed per order dated 8/22/08 (Entered: 08/21/2008) 02/22/2008 02/22/2008 36 37 02/25/2008 04/21/2008 04/22/2008 38 39 40 04/23/2008 05/07/2008 05/09/2008 05/12/2008 42 43 05/12/2008 05/30/2008 06/03/2008 44 45 46 07/31/2008 08/21/2008 47 48 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?858920736624504-L_801_0-1 3/25/2009 DC CM/ECF LIVE- US District Court-Texas Southern 08/21/2008 49 Page 6 of 8 OBJECTIONS to Plaintiff's Summary Judgment Evidence, filed by Morgan Dunn O'Connor. (Walker, Ronald) Modified on 8/25/2008 (ealexander, ). This docket entry is sealed per order dated 8/22/08 (Entered: 08/21/2008) Agreed MOTION to Seal Docket Numbers 048 and 049 by Morgan Dunn O'Connor, filed. Motion Docket Date 9/10/2008. (Attachments: # 1 Proposed Order)(Walker, Ronald) (Entered: 08/21/2008) ORDER granting 50 Agreed Motion to Seal.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 08/25/2008) Sealed Event, filed. (With attachments) (Entered: 09/10/2008) Sealed Event, filed. (Entered: 09/10/2008) Sealed Event, filed. (Entered: 09/10/2008) ORDER denying 47 Sealed Motion. Further Plaintiff's Motion for Partial Summary Judgment and Renewal of her Motion to Dismiss (Inst. # 48) is denied. (Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 09/23/2008) SCHEDULING ORDER. ETT: 3 days. Bench Trial. Pretrial Conference set for 10/22/2008 at 09:45 AM in Courtroom 8A before Judge David Hittner.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 10/15/2008) ORDER that the parties are to exchange all trial exhibits on or before October 30, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 10/15/2008) Minute Entry for proceedings held before Judge David Hittner. Final PRETRIAL CONFERENCE held on 10/22/2008. Written order to issue. Appearances: Adrian Green, Ronald B. Walker, Terry Carroll(Court Reporter: Gayle Dye), filed. (ealexander, ) (Entered: 10/23/2008) SCHEDULING ORDER. ETT: 2-3 days. Bench. Joint Pretrial Order due by 11/7/2008 Bench Trial set for 12/29/2008 at 10:00 AM in Courtroom 8A before Judge David Hittner.(Signed by Judge David Hittner) Parties notified. (ealexander, ) (Entered: 10/23/2008) Sealed Event, filed. (With attachments) (Entered: 11/10/2008) Sealed Event, filed. (With attachments) (Entered: 11/13/2008) ORDER granting 61 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 11/17/2008) TRANSCRIPT re: Hearing held on 10-22-2008 before Judge David Hittner. Court Reporter/Transcriber Dye. Release of Transcript Restriction set for 2/17/2009., filed. (gdye, ) (Entered: 11/18/2008) Notice of Filing of Official Transcript as to 63 Transcript. Party notified, filed. (dclark, ) (Entered: 11/19/2008) Sealed Event, filed. (With attachments) (Entered: 12/11/2008) ORDER ; Motion-related deadline set re: 65 Sealed Event, ORDER Setting Hearing on Motion 65 Sealed Event :( Motion Hearing set for 12/29/2008 at 08/21/2008 50 08/22/2008 09/10/2008 09/10/2008 09/10/2008 09/22/2008 51 52 53 54 55 10/14/2008 56 10/14/2008 57 10/22/2008 58 10/22/2008 59 11/10/2008 11/13/2008 11/14/2008 11/18/2008 60 61 62 63 11/19/2008 12/11/2008 12/12/2008 64 65 66 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?858920736624504-L_801_0-1 3/25/2009 DC CM/ECF LIVE- US District Court-Texas Southern Page 7 of 8 10:00 AM in Courtroom 8A before Judge David Hittner).(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 12/12/2008) 12/17/2008 12/17/2008 12/18/2008 67 68 69 Sealed Event, filed. (With attachments) (Entered: 12/17/2008) Sealed Event, filed. (With attachments) (Entered: 12/17/2008) RESPONSE NOT OPPOSING PLAINTIFF'S PROPOSED DEPOSITION AND OPPOSING ANY CONTINUANCE, filed by Morgan Dunn O'Connor. (Walker, Ronald) (Entered: 12/18/2008) Sealed Event, filed. (Entered: 12/18/2008) ORDER granting 67 Motion for Expedited Consideration of Plaintiff's Motion for Leave to take the Deposition of a Newly Discovered Witness and denying the motion for continuance. Plaintiff is granted leave to take the deposition of Garrett Engelking on December 19, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 12/18/2008) Sealed Event, filed. (Entered: 12/22/2008) Sealed Event, filed. (Entered: 12/23/2008) Sealed Event, filed. (With attachments) (Entered: 12/23/2008) Sealed Event, filed. (With attachments) (Entered: 12/24/2008) Sealed Event, filed. (With attachments) (Entered: 12/24/2008) ORDER granting 65 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 12/29/2008) OBJECTION to Presentation of Evidence at Trial by Intervenor, filed by Nathan Smith. (ealexander, ) (Entered: 12/29/2008) Minute Entry for proceedings held before Judge David Hittner. First day of BENCH TRIAL held on 12/29/2008 and continued to December 30, 2008 at 10:00 a.m. Testimony taken. The transcript of this proceeding is SEALED. Appearances: Richard Terry Carroll, Adrian Greene, Austin Schwartz, Ronald B Walker.(Court Reporter: Anita Manley), filed.(ealexander, ) (Entered: 12/30/2008) ORDER granting 75 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 12/30/2008) ORDER granting 76 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 12/30/2008) Minute Entry for proceedings held before Judge David Hittner. Second day of BENCH TRIAL held on 12/30/2008. Plaintiff rests. Defendant's Motion for Directed Verdict heard and denied. Defendant presents case and rest. Findings of Fact and Conclusions of Law due to be filed on March 2, 2009. (The transcript of this day of trial is sealed.) Appearances: Terry Carroll, Adrian Greene, Richard Austin Schwartz, Ronald B Walker.(Court Reporter: Bruce Slavin), filed. (ealexander, ) Modified on 12/31/2008 (ealexander, ). (Entered: 12/31/2008) Plaintiff's Deposition Excerpts of Marie Pattillo dated December 19, 2008, filed. (ealexander, ) (Entered: 12/31/2008) 12/18/2008 12/18/2008 70 71 12/22/2008 12/23/2008 12/23/2008 12/24/2008 12/24/2008 12/29/2008 12/29/2008 12/29/2008 72 73 74 75 76 77 78 79 12/29/2008 12/29/2008 12/30/2008 80 81 82 12/30/2008 83 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?858920736624504-L_801_0-1 3/25/2009 DC CM/ECF LIVE- US District Court-Texas Southern 12/30/2008 12/30/2008 12/30/2008 01/15/2009 01/15/2009 02/03/2009 84 85 86 87 88 89 Page 8 of 8 Plaintiff's Deposition Excerpts of Garrett Engelking dated December 19, 2008, filed. (ealexander, ) (Entered: 12/31/2008) Exhibit List by Nathan Smith, filed.(ealexander, ) (Entered: 12/31/2008) Exhibit List by Morgan Dunn O'Connor, Marie Sorenson, filed.(ealexander, ) (Entered: 12/31/2008) Transcript (Sealed), filed. (amanley, ) (Entered: 01/15/2009) Transcript (Sealed), filed. (bslavin, ) (Entered: 01/15/2009) MOTION for Joe H. Thrash to Appear Pro Hac Vice by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) (Entered: 02/03/2009) ANSWER to 37 Amended Complaint/Counterclaim/Crossclaim etc. by Texas Historical Commission, filed.(ealexander, ) (Entered: 02/03/2009) MOTION to Intervene by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) (Entered: 02/03/2009) MOTION to Dismiss or for Judgment by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) (Entered: 02/03/2009) ORDER granting 89 Motion to Appear Pro Hac Vice on behalf of Joe H. Thrash. (Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 02/05/2009) ORDER denying as moot 91 Motion to Intervene; denying as moot 92 Motion to Dismiss.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 02/20/2009) ORDER that the Texas Historical Commission's Amended Motion to Intervene is denied.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 02/25/2009) Sealed Event, filed. (Entered: 03/02/2009) Sealed Event, filed. (Entered: 03/02/2009) Sealed Event, filed. (With attachments) (Entered: 03/16/2009) Sealed Event, filed. (With attachments) (Entered: 03/17/2009) ORDER denying 98 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 03/24/2009) NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 95 Order by Texas Historical Commission (Filing fee $ 455, receipt number 05410000000004849631), filed.(Thrash, Joe) (Entered: 03/24/2009) 02/03/2009 02/03/2009 02/03/2009 02/04/2009 90 91 92 93 02/19/2009 94 02/23/2009 95 03/02/2009 03/02/2009 03/16/2009 03/17/2009 03/20/2009 03/24/2009 96 97 98 99 100 101 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?858920736624504-L_801_0-1 3/25/2009

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