McPeters v. Edwards et al

Filing 115

Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 114 Notice of Appeal, filed. (Attachments: # 1 NOA, # 2 Order, # 3 Docket Sheet, # 4 DKT13 form)(smurdock, )

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APPEAL, CLOSED

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:10-cv-01103
Internal Use Only
McPeters v. Edwards et al
Assigned to: Judge Keith P Ellison
Case in other court: 9th Dist. Ct., Montgomery
County, Texas, 07-0000909142
Cause: 18:1961 Racketeering (RICO) Act
Plaintiff
Karen McPeters
individually, and on behalf of
those individuals, Persons and
entities who are similarly
situated

V.
Defendant
The Honorable Frederick E
Edwards
Individually and in His Capacity
as the District Judge of the 9th
District Court, Montgomery
County, Texas

Date Filed: 04/06/2010
Date Terminated: 01/31/2011
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights:
Other
Jurisdiction: Federal Question

represented by Robert L Mays , Jr
Attorney at Law
8626 Tesoro Drive
Suite 820
San Antonio, TX 78217
210-657-7772
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

represented by Allison Standish Miller
Shepherd Scott Clawater and
Houston LLP
2777 Allen Parkway
7th Floor
Houston, TX 77019
713-650-6600
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant

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Barbara Gladden Adamick
Individually and as The District
Court Clerk of Montgomery
County, Texas

Defendant
Montgomery County, Texas

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represented by Rayborn C Johnson , Jr
Montgomery County Attorney's
Office
207 W Phillips
Ste 100
Conroe, TX 77301
936-539-7828
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
represented by Rayborn C Johnson , Jr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sara M Forlano
Chamberlain Hrdlicka White
Williams & Martin
1200 Smith Street, Ste 1400
Houston, TX 77002
713-658-2537
Fax: [phone]
Email:
[e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Reed Elsevier, Inc.
doing business as
LexisNexis

represented by Miranda Tolar
Locke Lord Bissell and Liddell
600 Travis St
Ste 3400
Houston, TX 77002
713-226-1618
Fax: [phone]
Email: [e-mail]
TERMINATED: 04/01/2011
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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Amanda Marie Schaeffer
Locke Lord Bissell and Liddell
LLP
100 Congress Ave
Ste 300
Austin, TX 78701
512-305-4811
Email: [e-mail]
ATTORNEY TO BE NOTICED
Emily L Shoemaker
Paul, Hastings, Janofsky & Walker
LLP
600 Peachtree Street
Suite 2400
Atlanta, GA 30308
404-815-2400
Email:
[e-mail]
ATTORNEY TO BE NOTICED
J. Allen Maines
Paul, Hastings, Janofsky & Walker,
LLP
600 Peachtree Street
Suite 2400
Atlanta, GA 30308
404-815-2400
Email:
[e-mail]
ATTORNEY TO BE NOTICED
John G Parker
Paul Hastings et al
600 Peachtree St NE
Ste 2400
Atlanta, GA 30308
404-815-2222
Fax: [phone]
Email:
[e-mail]
ATTORNEY TO BE NOTICED

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Robert T Mowrey
Locke Lord et al
2200 Ross Ave
Ste 2200
Dallas, TX 75201
214-740-8000
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
S. Tameka Phillips
Paul, Hastings, Janofsky & Walker,
LLP
600 Peachtree Street
Suite 2400
Atlanta, GA 30308
404-815-2400
Fax: [phone]
Email:
[e-mail]
ATTORNEY TO BE NOTICED
Date Filed

#

Docket Text

04/06/2010

1 COMPLAINT against Barbara Gladden Adamick, Frederick E
Edwards, Montgomery County, Reed Elsevier, Inc. (Filing fee $
350 receipt number 0541-6214858) filed by Karen McPeters.
(Attachments: # 1 Exhibit)(Mays, Robert) (Entered:
04/06/2010)

04/07/2010

2 ORDER for Initial Pretrial and Scheduling Conference and
Order to Disclose Interested Persons. Initial Conference set for
8/6/2010 at 11:15 PM in Room 3716 before Judge Keith P
Ellison.(Signed by Judge Keith P Ellison) Parties notified.
(dclark, ) (Entered: 04/07/2010)

04/09/2010

Summons Issued as to Barbara Gladden Adamick, Frederick E
Edwards, Montgomery County, Texas, filed.(rosaldana)
(Entered: 04/09/2010)

04/09/2010

3 NOTICE REGARDING INITIAL CONFERENCE. (Signed by
Judge Keith P. Ellison) (Attachments: # 1 PROPOSED DCO
WITH PRESET COURT DATES)(dgould) (Entered:

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04/09/2010)
04/13/2010

4 CERTIFICATE OF INTERESTED PARTIES by Karen
McPeters, filed.(Mays, Robert) (Entered: 04/13/2010)

05/03/2010

5 RETURN of Service of SUMMONS Executed as to
Montgomery County, Texas served on 4/19/2010, answer due
5/10/2010, filed.(jhancock) (Entered: 05/04/2010)

05/03/2010

6 RETURN of Service of SUMMONS Executed as to Barbara
Gladden Adamick served on 4/16/2010, answer due 5/7/2010,
filed.(clamey, ) (Entered: 05/04/2010)

05/03/2010

7 RETURN of Service of SUMMONS Executed as to
Montgomery County, Texas served on 4/16/2010, answer due
5/7/2010, filed.(chorace) (Entered: 05/04/2010)

05/04/2010

8 MOTION to Dismiss for Failure to State a Claim and Brief in
Support by Montgomery County, Texas, filed. Motion Docket
Date 5/25/2010. (Attachments: # 1 Exhibit Exhibit 1, # 2
Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, #
5 Exhibit Exhibit 5)(Forlano, Sara) (Entered: 05/04/2010)

05/10/2010

9 WAIVER OF SERVICE Excuted as to Reed Elsevier, Inc.
served on 4/7/2010, answer due 6/7/2010 (kgilyard, ) Modified
on 5/11/2010 (kgilyard, ). (Entered: 05/11/2010)

05/11/2010

***Answer due for Reed Elsevier, Inc. 6/7/2010. (kgilyard, )
(Entered: 05/11/2010)

05/17/2010

10 CERTIFICATE OF INTERESTED PARTIES by Montgomery
County, Texas, filed.(Forlano, Sara) (Entered: 05/17/2010)

05/17/2010

11 First AMENDED COMPLAINT with JURY DEMAND against
Barbara Gladden Adamick, Frederick E Edwards, Montgomery
County, Texas, Reed Elsevier, Inc. filed by Karen McPeters.
(Attachments: # 1 Exhibit A-I)(Mays, Robert) (Entered:
05/17/2010)

06/01/2010

12 ORDER terminating as moot 8 Motion to Dismiss.(Signed by
Judge Keith P Ellison) Parties notified.(sloewe) (Entered:
06/01/2010)

06/01/2010

13 DOCKETED IN ERROR. SHOULD BE MOTION TO
DISMISS. ANSWER to 11 Amended
Complaint/Counterclaim/Crossclaim etc. by Montgomery
County, Texas, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2,
# 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7

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Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11
Appendix 1)(Forlano, Sara) Modified on 6/2/2010 (sloewe).
(Entered: 06/01/2010)
06/01/2010

14 Agreed MOTION for Leave to File Excess Pages by
Montgomery County, Texas, filed. Motion Docket Date
6/22/2010. (Forlano, Sara) (Entered: 06/01/2010)

06/01/2010

15 PROPOSED ORDER re: 14 Agreed MOTION for Leave to File
Excess Pages, filed.(Forlano, Sara) (Entered: 06/01/2010)

06/01/2010

16 Unopposed MOTION for Extension of Time For Defendant
Honorable Frederick E. Edwards To Answer Or Move In
Response To Plaintiff's First Amended Complaint by Frederick
E Edwards, filed. Motion Docket Date 6/22/2010. (Attachments:
# 1 Proposed Order GRANTING Motion For Extension of
Time)(Miller, Allison) (Entered: 06/01/2010)

06/02/2010

17 ORDER granting 16 Motion for Extension of Time.(Signed by
Judge Keith P Ellison) Parties notified.(esmith, ) (Entered:
06/02/2010)

06/02/2010

18 ORDER granting 14 Motion for Leave to File Excess Pages.
(Signed by Judge Keith P Ellison) Parties notified.(esmith, )
(Entered: 06/02/2010)

06/06/2010

19 Second AMENDED COMPLAINT with Jury Demand against
Barbara Gladden Adamick, Frederick E Edwards, Montgomery
County, Texas, Reed Elsevier, Inc. filed by Karen McPeters.
(Attachments: # 1 Exhibit Exhibits A - I)(Mays, Robert)
(Entered: 06/06/2010)

06/06/2010

20 RESPONSE in Opposition to 8 MOTION to Dismiss for
Failure to State a Claim and Brief in Support, filed by Karen
McPeters. (Mays, Robert) (Entered: 06/06/2010)

06/06/2010

21 PROPOSED ORDER re 13 re: 20 Response in Opposition to
Motion, filed.(Mays, Robert) (Entered: 06/06/2010)

06/07/2010

22 MOTION to Dismiss by Reed Elsevier, Inc., filed. Motion
Docket Date 6/28/2010. (Tolar, Miranda) (Entered: 06/07/2010)

06/07/2010

23 APPENDIX re: 22 MOTION to Dismiss by Reed Elsevier, Inc.,
filed.(Tolar, Miranda) (Entered: 06/07/2010)

06/07/2010

24 CORPORATE DISCLOSURE STATEMENT by Reed Elsevier,
Inc. identifying Reed Elsevier U.S. Holdings Inc. as Corporate
Parent, filed.(Tolar, Miranda) (Entered: 06/07/2010)

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06/07/2010

25 CERTIFICATE OF INTERESTED PARTIES by Reed Elsevier,
Inc., filed.(Tolar, Miranda) (Entered: 06/07/2010)

06/07/2010

26 MOTION for John G. Parker to Appear Pro Hac Vice by Reed
Elsevier, Inc., filed. Motion Docket Date 6/28/2010. (Tolar,
Miranda) (Entered: 06/07/2010)

06/07/2010

27 MOTION for J. Allen Maines to Appear Pro Hac Vice by Reed
Elsevier, Inc., filed. Motion Docket Date 6/28/2010. (Tolar,
Miranda) (Entered: 06/07/2010)

06/07/2010

28 MOTION for Emily L. Shoemaker to Appear Pro Hac Vice by
Reed Elsevier, Inc., filed. Motion Docket Date 6/28/2010.
(Tolar, Miranda) (Entered: 06/07/2010)

06/07/2010

29 MOTION for S. Tameka Phillips to Appear Pro Hac Vice by
Reed Elsevier, Inc., filed. Motion Docket Date 6/28/2010.
(Tolar, Miranda) (Entered: 06/07/2010)

06/07/2010

30 PROPOSED ORDER re: 22 MOTION to Dismiss, filed.(Tolar,
Miranda) (Entered: 06/07/2010)

06/07/2010

31 ORDER granting 29 Tameka Phillips's Motion to Appear Pro
Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.
(jhancock) (Entered: 06/08/2010)

06/07/2010

32 ORDER granting 27 Allen Maines's Motion to Appear Pro Hac
Vice.(Signed by Judge Keith P Ellison) Parties notified.
(jhancock) (Entered: 06/08/2010)

06/07/2010

33 ORDER granting 28 Emily Shoemaker's Motion to Appear Pro
Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.
(jhancock) (Entered: 06/08/2010)

06/07/2010

35 RETURN of Service of SUMMONS Executed as to Frederick E
Edwards served on 5/19/2010, answer due 6/9/2010, filed.
(blacy, ) (Entered: 06/08/2010)

06/08/2010

34 ORDER granting 26 John Parker's Motion to Appear Pro Hac
Vice.(Signed by Judge Keith P Ellison) Parties notified.
(jhancock) (Entered: 06/08/2010)

06/09/2010

36 MOTION to Amend 11 Amended
Complaint/Counterclaim/Crossclaim etc. by Karen McPeters,
filed. Motion Docket Date 6/30/2010. (Attachments: # 1
Complaint Second Amended, # 2 Exhibit A - I)(Mays, Robert)
(Entered: 06/09/2010)

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06/09/2010

37 PROPOSED ORDER re: 36 MOTION to Amend 11 Amended
Complaint/Counterclaim/Crossclaim etc., filed.(Mays, Robert)
(Entered: 06/09/2010)

06/09/2010

38 ORDER Setting Hearing on Motion 36 MOTION to Amend 11
Amended Complaint/Counterclaim/Crossclaim etc. : Motion
Hearing set for 6/18/2010 at 11:00 AM in Courtroom 3A
Houston before Judge Keith P Ellison. Parties may appear by
telephone by calling in on the Court's Dial-In number 7132505238.(Signed by Judge Keith P Ellison) Parties notified.
(sloewe) (Entered: 06/09/2010)

06/09/2010

39 NOTICE of Resetting. Parties notified. Motion Hearing set for
6/30/2010 at 02:30 PM in Courtroom 3A Houston before Judge
Keith P Ellison, filed. (sloewe) (Entered: 06/09/2010)

06/14/2010

40 RESPONSE in Opposition to 36 MOTION to Amend 11
Amended Complaint/Counterclaim/Crossclaim etc., filed by
Montgomery County, Texas. (Forlano, Sara) (Entered:
06/14/2010)

06/14/2010

41 PROPOSED ORDER Denying Plaintiff's Motion for Leave to
Amend re: 40 Response in Opposition to Motion, filed.(Forlano,
Sara) (Entered: 06/14/2010)

06/16/2010

42 RESPONSE in Opposition to 36 MOTION to Amend 11
Amended Complaint/Counterclaim/Crossclaim etc., filed by
Reed Elsevier, Inc.. (Tolar, Miranda) (Entered: 06/16/2010)

06/16/2010

43 PROPOSED ORDER re: 42 Response in Opposition to Motion,
filed.(Tolar, Miranda) (Entered: 06/16/2010)

06/16/2010

44 APPENDIX re: 42 Response in Opposition to Motion by Reed
Elsevier, Inc., filed.(Tolar, Miranda) (Entered: 06/16/2010)

06/16/2010

45 Unopposed MOTION for Extension of Time for Judge Edwards
to Answer or Move in Response to McPeters's Live Pleading by
Frederick E Edwards, filed. Motion Docket Date 7/7/2010.
(Attachments: # 1 Proposed Order GRANTING Extension of
Time for Judge Edwards to Answer or Move in Response to
McPeters's Live Pleading)(Miller, Allison) (Entered:
06/16/2010)

06/16/2010

46 JOINDER in 42 Response in Opposition to Motion, 40
Response in Opposition to Motion to Amend, filed by Frederick
E Edwards. (Attachments: # 1 Proposed Order DENYING
Motion to Amend; STRIKING McPeters's Second Amended

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Complaint; and REINSTATING McPeters's First Amended
Complaint)(Miller, Allison) (Entered: 06/16/2010)
06/17/2010

47 ORDER granting 45 Motion for Extension of Time.(Signed by
Judge Keith P Ellison) Parties notified.(sloewe) (Entered:
06/17/2010)

06/25/2010

48 NOTICE of Correction re: 22 MOTION to Dismiss by Reed
Elsevier, Inc., filed. (Tolar, Miranda) (Entered: 06/25/2010)

06/30/2010

Minute Entry for proceedings held before Judge Keith P Ellison.
MOTION HEARING held on 6/30/2010 GRANTING 36
MOTION to Amend 11 Amended
Complaint/Counterclaim/Crossclaim etc. Appearances:(Law
Clerk: Shilpi Agarwal) Billy Shephed. Robert L Mays, Sara M
Forlano, Emily L Shoemaker, Miranda Tolar.(Court Reporter:
Manley), filed.(sloewe) (Entered: 06/30/2010)

07/13/2010

49 MOTION to Dismiss Plaintiff's Second Amended Complaint by
Reed Elsevier, Inc., filed. Motion Docket Date 8/3/2010. (Tolar,
Miranda) (Entered: 07/13/2010)

07/13/2010

50 PROPOSED ORDER re: 49 MOTION to Dismiss Plaintiff's
Second Amended Complaint, filed.(Tolar, Miranda) (Entered:
07/13/2010)

07/13/2010

51 MOTION to Dismiss Plaintiff's Second Amended Complaint for
Failure to State a Claim and for Lack of Subject Matter
Jurisdiction and Brief in Support by Montgomery County, Texas
and Barbara Adamick by Montgomery County, Texas, filed.
Motion Docket Date 8/3/2010. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit
6, # 7 Appendix 1)(Forlano, Sara) (Entered: 07/13/2010)

07/13/2010

52 Agreed MOTION for Leave to File Excess Pages by
Montgomery County, Texas, filed. Motion Docket Date
8/3/2010. (Forlano, Sara) (Entered: 07/13/2010)

07/13/2010

53 PROPOSED ORDER for Leave to File Excess Pages re: 52
Agreed MOTION for Leave to File Excess Pages, filed.
(Forlano, Sara) (Entered: 07/13/2010)

07/13/2010

54 Unopposed MOTION for Leave to File Excess Pages by
Frederick E Edwards, filed. Motion Docket Date 8/3/2010.
(Attachments: # 1 Proposed Order GRANTING Leave to File
Extended Briefing)(Miller, Allison) (Entered: 07/13/2010)

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07/13/2010

55 PROPOSED ORDER re: 51 MOTION to Dismiss Plaintiff's
Second Amended Complaint for Failure to State a Claim and for
Lack of Subject Matter Jurisdiction and Brief in Support by
Montgomery County, Texas and Barbara Adamick, filed.
(Forlano, Sara) (Entered: 07/13/2010)

07/14/2010

56 MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b) by Frederick E Edwards, filed. Motion
Docket Date 8/4/2010. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7, # 8 Proposed Order GRANTING Motion to Dismiss
Second Amended Complaint, # 9 Appendix, # 10 Appendix Tab
A, # 11 Appendix Tab B, # 12 Appendix Tab C, # 13 Appendix
Tab D)(Miller, Allison) (Entered: 07/14/2010)

07/14/2010

57 ORDER mooting 13 and 22 Motion to Dismiss.(Signed by
Judge Keith P Ellison) Parties notified.(esmith, ) (Entered:
07/14/2010)

07/14/2010

58 ORDER granting 54 Motion for Leave to File Excess Pages.
(Signed by Judge Keith P Ellison) Parties notified.(esmith, )
(Entered: 07/14/2010)

07/14/2010

59 ORDER granting 52 Motion for Leave to File Excess Pages.
(Signed by Judge Keith P Ellison) Parties notified.(esmith, )
(Entered: 07/14/2010)

07/20/2010

60 MOTION Motion to Determine Treatment of Motions by Karen
McPeters, filed. Motion Docket Date 8/10/2010. (Attachments:
# 1 Proposed Order)(Mays, Robert) (Entered: 07/20/2010)

07/21/2010

61 NOTICE OF CORRECTION re: 51 MOTION to Dismiss
Plaintiff's Second Amended Complaint for Failure to State a
Claim and for Lack of Subject Matter Jurisdiction and Brief in
Support by Montgomery County, Texas and Barbara Adamick
by Montgomery County, Texas, filed. (Forlano, Sara) (Entered:
07/21/2010)

07/21/2010

62 ORDER granting in part and denied in part 60 Motion to
Determine Treatment of Motions ; Motion-related deadline set
re: 60 Motion to Determine Treatment of Motions ( Plaintiff's
Responsive briefs due by 8/15/2010).(Signed by Judge Keith P
Ellison) Parties notified.(kstrouse, ) (Entered: 07/21/2010)

07/25/2010

63 CERTIFICATE OF INTERESTED PARTIES by Frederick E

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Edwards, filed.(Miller, Allison) (Entered: 07/25/2010)
07/26/2010

64 Letter from Robert L. Mays, Jr. re: Vacation, filed. (dgould)
(Entered: 07/26/2010)

07/27/2010

65 Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN
by Karen McPeters, filed. (Attachments: # 1 Proposed Order
Docket Control Order)(Mays, Robert) (Entered: 07/27/2010)

07/29/2010

66 SCHEDULING ORDER. Trial Term: 5 Days. ( Amended
Pleadings due by 9/6/2010, Joinder of Parties due by 9/6/2010,
Pltf Expert Witness List due by 2/4/2011, Pltf Expert Report
due by 2/4/2011, Deft Expert Witness List due by 3/4/2011,
Deft Expert Report due by 3/4/2011, Discovery due by
5/4/2011, Dispositive Motion Filing due by 7/4/2011, NonDispositive Motion Filing due by 7/4/2011, Joint Pretrial Order
due by 9/26/2011, Jury Trial set for 10/3/2011 at 09:00 AM in
Courtroom 3A Houston before Judge Keith P Ellison),
Deadlines terminated: Initial Conference set for 8/6/2010 at
11:15 PM in Room 3716 before Judge Keith P Ellison is
CANCELLED. Parties submitted their Agreed DCO..(Signed by
Judge Keith P Ellison) Parties notified.(sloewe, ) (Entered:
07/29/2010)

08/05/2010

67 INITIAL DISCLOSURES by Montgomery County, Texas,
filed.(Forlano, Sara) (Entered: 08/05/2010)

08/10/2010

68 MOTION for Leave to File Excess Pages by Karen McPeters,
filed. Motion Docket Date 8/31/2010. (Attachments: # 1
Proposed Order Granting Leave to File Excess Pages)(Mays,
Robert) (Entered: 08/10/2010)

08/11/2010

69 ORDER granting 68 Motion for Leave to File Excess Pages.
(Signed by Judge Keith P Ellison) Parties notified.(sloewe)
(Entered: 08/11/2010)

08/13/2010

70 Third AMENDED Complaint with Jury Demand against
Barbara Gladden Adamick, Frederick E Edwards, Montgomery
County, Texas, Reed Elsevier, Inc. filed by Karen McPeters.
(Attachments: # 1 Exhibit Exhibit List and Exhibits A-I, # 2
Exhibit Exhibits J-R)(Mays, Robert) (Entered: 08/13/2010)

08/13/2010

71 Opposed MOTION for Leave to File Third Amended Complaint
by Karen McPeters, filed. Motion Docket Date 9/3/2010.
(Attachments: # 1 Proposed Order Grant leave to File Third
Amended Complaint)(Mays, Robert) (Entered: 08/13/2010)

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08/13/2010

72 RESPONSE in Opposition to 56 MOTION to Dismiss 19
Amended Complaint/Counterclaim/Crossclaim etc. Under Rules
12(b)(6), 12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b), filed by Karen McPeters. (Attachments: # 1
Proposed Order Denying Motion to Dismiss)(Mays, Robert)
(Entered: 08/13/2010)

08/13/2010

73 RESPONSE in Opposition to 22 MOTION to Dismiss, 49
MOTION to Dismiss Plaintiff's Second Amended Complaint,
filed by Karen McPeters. (Attachments: # 1 Proposed Order
Denying Motion to Dismiss)(Mays, Robert) (Entered:
08/13/2010)

08/13/2010

74 RESPONSE in Opposition to 8 MOTION to Dismiss for
Failure to State a Claim and Brief in Support, 51 MOTION to
Dismiss Plaintiff's Second Amended Complaint for Failure to
State a Claim and for Lack of Subject Matter Jurisdiction and
Brief in Support by Montgomery County, Texas and Barbara
Adamick, filed by Karen McPeters. (Attachments: # 1 Proposed
Order Denying Motion to Dismiss)(Mays, Robert) (Entered:
08/13/2010)

08/23/2010

75 REPLY to Response to 51 MOTION to Dismiss Plaintiff's
Second Amended Complaint for Failure to State a Claim and for
Lack of Subject Matter Jurisdiction and Brief in Support by
Montgomery County, Texas and Barbara Adamick, filed by
Montgomery County, Texas. (Attachments: # 1 Exhibit 1)
(Forlano, Sara) (Entered: 08/23/2010)

08/23/2010

76 ORDER FOR EXPEDITED RESPONSE AND ORDER Setting
Hearing on Motion 71 Opposed MOTION for Leave to File
Third Amended Complaint : Motion Hearing set for 8/31/2010
at 11:30 AM in Courtroom 3A Houston before Judge Keith P
Ellison.(Signed by Judge Keith P Ellison) Parties notified.
(sloewe) (Entered: 08/23/2010)

08/23/2010

77 REPLY to Response to 56 MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),

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12(b)(1), and 9(b), filed by Frederick E Edwards. (Attachments:
# 1 Appendix Bryant v. Watts, # 2 Proposed Order GRANTING
Motion to Dismiss)(Miller, Allison) (Entered: 08/23/2010)
08/23/2010

78 Corrected REPLY to Response to 56 MOTION to Dismiss 19
Amended Complaint/Counterclaim/Crossclaim etc. Under Rules
12(b)(6), 12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b), filed by Frederick E Edwards. (Attachments:
# 1 Appendix Bryant v. Watts, # 2 Proposed Order GRANTING
Motion to Dismiss)(Miller, Allison) (Entered: 08/23/2010)

08/24/2010

79 REPLY in Support of 49 MOTION to Dismiss Plaintiff's
Second Amended Complaint, filed by Reed Elsevier, Inc..
(Attachments: # 1 Appendix To Reply in Support of Defendant's
Motion to Dismiss Plaintiff's Second Amended Complaint)
(Tolar, Miranda) (Entered: 08/24/2010)

08/30/2010

80 RESPONSE in Opposition to 71 Opposed MOTION for Leave
to File Third Amended Complaint, filed by Barbara Gladden
Adamick, Frederick E Edwards, Montgomery County, Texas,
Reed Elsevier, Inc.. (Attachments: # 1 Appendix to Defendants'
Response In Opposition to Plaintiff's August 13, 2010 Motion to
Amend Complaint)(Tolar, Miranda) (Entered: 08/30/2010)

08/30/2010

81 Corrected RESPONSE in Opposition to 71 Opposed MOTION
for Leave to File Third Amended Complaint, filed by Barbara
Gladden Adamick, Frederick E Edwards, Montgomery County,
Texas, Reed Elsevier, Inc.. (Attachments: # 1 Appendix
Corrected Appendix to Defendants' Response in Opposition to
Plaintiff's August 13, 2010 Motion to Amend)(Tolar, Miranda)
(Entered: 08/30/2010)

08/30/2010

82 Unopposed MOTION for Leave to File Supplemental Reply by
Karen McPeters, filed. Motion Docket Date 9/20/2010.
(Attachments: # 1 Proposed Order to Allow Supplemental
Reply)(Mays, Robert) (Entered: 08/30/2010)

08/30/2010

83 Supplemental RESPONSE in Opposition to 22 MOTION to
Dismiss, 51 MOTION to Dismiss Plaintiff's Second Amended
Complaint for Failure to State a Claim and for Lack of Subject
Matter Jurisdiction and Brief in Support by Montgomery
County, Texas and Barbara Adamick, 49 MOTION to Dismiss

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Plaintiff's Second Amended Complaint, 56 MOTION to Dismiss
19 Amended Complaint/Counterclaim/Crossclaim etc. Under
Rules 12(b)(6), 12(b)(1), and 9(b) MOTION to Dismiss 19
Amended Complaint/Counterclaim/Crossclaim etc. Under Rules
12(b)(6), 12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b), filed by Karen McPeters. (Mays, Robert)
(Entered: 08/30/2010)
08/31/2010

Minute Entry for proceedings held before Judge Keith P Ellison.
MOTION HEARING held on 8/31/2010. The Court will rule on
the motions to dismiss based on the 2nd Amended Complaint.
Appearances:(Law Clerk: Mullkoff)., filed.(sloewe) (Entered:
09/23/2010)

09/06/2010

84 MOTION for Extension of Time to Join Parties by Karen
McPeters, filed. Motion Docket Date 9/27/2010. (Attachments:
# 1 Proposed Order Extend Time to Join Parties)(Mays, Robert)
(Entered: 09/06/2010)

09/06/2010

85 MOTION to Certify Class by Karen McPeters, filed. Motion
Docket Date 9/27/2010. (Attachments: # 1 Proposed Order
Order Certifying Class)(Mays, Robert) (Entered: 09/06/2010)

09/06/2010

86 Corrected MOTION to Certify Class by Karen McPeters, filed.
Motion Docket Date 9/27/2010. (Attachments: # 1 Proposed
Order Order Certifying Class)(Mays, Robert) (Entered:
09/06/2010)

09/07/2010

87 Unopposed MOTION for Extension of Time to Stay Deadline
for Responses to Plaintiffs' Filings of September 6, 2010,
MOTION to Expedite Ruling on Unopposed Motion to Stay
Deadline for Responses to Plaintiff's Filings of September 6,
2010( Motion Docket Date 9/28/2010.) by Barbara Gladden
Adamick, Frederick E Edwards, Montgomery County, Texas,
Reed Elsevier, Inc., filed. (Attachments: # 1 Proposed Order
GRANTING Motion for Stay of Deadline to Respond to Docket
Nos. 84 & 86)(Miller, Allison) (Entered: 09/07/2010)

09/08/2010

88 ORDER GRANTING 87 Motion for Extension of Time; all
defendants' unopposed joint motion and request for expedited
ruling to stay responses to plaintiff's motions filed September 6,
2010. Document # 84 and Document# 86 is indefinitely
STAYED until after such time as the Court has ruled on the
Defendants' pending dispositive motions ( Document # 49 , 51 ,

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56 ).(Signed by Judge Keith P Ellison) Parties notified.
(jegonzalez, ) Modified on 9/8/2010 (jegonzalez, ). (Entered:
09/08/2010)
09/10/2010

89 ORDER granting 82 Motion for Leave to File.(Signed by Judge
Keith P Ellison) Parties notified.(sloewe) (Entered: 09/10/2010)

11/03/2010

90 DESIGNATION of Rayborn C. Johnson, Jr. as attorney in
charge of Montgomery County, Texas, filed.(Johnson, Rayborn)
(Entered: 11/03/2010)

11/05/2010

91 Unopposed MOTION for Extension of Time Deadlines in Joint
Discovery/Case Management Plan and Scheduling Order by
Barbara Gladden Adamick, Frederick E Edwards, Montgomery
County, Texas, Reed Elsevier, Inc., filed. Motion Docket Date
11/26/2010. (Attachments: # 1 Proposed Order)(Tolar, Miranda)
(Entered: 11/05/2010)

11/08/2010

92 ORDER granting 91 Motion for Extend Dates. If a ruling in
favor of Plaintiff occurs, the parties shall be required to submit a
proposed scheduling order within 14 days of the ruling,
proposing new deadlines for the completion of fact and expert
discovery.(Signed by Judge Keith P Ellison) Parties notified.
(jhancock) (Entered: 11/09/2010)

11/09/2010

***Deadlines terminated. (jhancock) (Entered: 11/09/2010)

11/27/2010

93 NOTICE of Setting as to 51 MOTION to Dismiss Plaintiff's
Second Amended Complaint for Failure to State a Claim and for
Lack of Subject Matter Jurisdiction and Brief in Support by
Montgomery County, Texas and Barbara Adamick, 49 MOTION
to Dismiss Plaintiff's Second Amended Complaint, 56 MOTION
to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim
etc. Under Rules 12(b)(6), 12(b)(1), and 9(b) MOTION to
Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc.
Under Rules 12(b)(6), 12(b)(1), and 9(b) MOTION to Dismiss
19 Amended Complaint/Counterclaim/Crossclaim etc. Under
Rules 12(b)(6), 12(b)(1), and 9(b). Parties notified. The parties
should be prepared to discuss, in particular, Plaintiff's due
process and equal protection claims under the U.S. Constitution,
and whether such claims are sufficient for federal jurisdiction.
As stated in the August 31 hearing, the Court will decide the
pending motions to dismiss based on the Second Amended
Complaint. Motion Hearing set for 12/9/2010 at 01:30 PM in
Courtroom 3A Houston before Judge Keith P Ellison, filed.

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(sloewe ) (Entered: 11/27/2010)
12/08/2010

12/09/2010

94 BRIEF in Opposition to Rule 12b(6) Motions to Dismiss by
Karen McPeters, filed. (Attachments: # 1 Continuation Hearing
Brief No. 2, # 2 Continuation Hearing Brief No. 3, # 3
Continuation Hearing Brief No. 4, # 4 Continuation Hearing
Brief No. 5, # 5 Continuation Hearing Brief No. 6, # 6
Continuation Hearing Brief No. 7)(Mays, Robert) (Entered:
12/08/2010)
Minute Entry for proceedings held before Judge Keith P Ellison.
MOTION HEARING held on 12/9/2010. Motions taken under
advisement re: Motion-related deadline set re: 51 MOTION to
Dismiss Plaintiff's Second Amended Complaint for Failure to
State a Claim and for Lack of Subject Matter Jurisdiction and
Brief in Support by Montgomery County, Texas and Barbara
Adamick, 49 MOTION to Dismiss Plaintiff's Second Amended
Complaint, 56 MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b) MOTION to Dismiss 19 Amended
Complaint/Counterclaim/Crossclaim etc. Under Rules 12(b)(6),
12(b)(1), and 9(b). Appearances:(Law Clerk: D. Mullkoff)
Rayborn C Johnson, Allison Standish Miller, Robert L Mays.
(Court Reporter: A. Manley), filed.(kstrouse, ) (Entered:
12/09/2010)

12/23/2010

95 Supplemental BRIEF in Opposition to Motions to Dismiss by
Karen McPeters, filed.(Mays, Robert) (Entered: 12/23/2010)

12/28/2010

96 RESPONSE to 95 Brief in Opposition to Motions to Dismiss,
filed by Reed Elsevier, Inc.. (Tolar, Miranda) (Entered:
12/28/2010)

12/29/2010

97 Supplemental BRIEF in Opposition to Defendants' Motions to
Dismiss by Karen McPeters, filed.(Mays, Robert) (Entered:
12/29/2010)

01/06/2011

98 Vacation Letter from Attorney, Robert Mays, Jr., filed.
(bdaniel, ) (Entered: 01/10/2011)

01/27/2011

99 Supplemental BRIEF in Opposition to Motions to Dismiss by
Karen McPeters, filed.(Mays, Robert) (Entered: 01/27/2011)

01/27/2011

100 MEMORANDUM AND ORDER Granting, 49 MOTION to

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Dismiss Plaintiff's Second Amended Complaint, 51 MOTION to
Dismiss Plaintiff's Second Amended Complaint for Failure to
State a Claim and for Lack of Subject Matter Jurisdiction and
Brief in Support by Montgomery County, Texas and Barbara
Adamick, Denying 71 Plaintiffs MOTION for Leave to File
Third Amended Complaint.(Signed by Judge Keith P Ellison)
Parties notified.(aalonzo) (Entered: 01/28/2011)
02/15/2011

101 MOTION for Reconsideration of 100 Memorandum and Order,
by Karen McPeters, filed. Motion Docket Date 3/8/2011.
(Attachments: # 1 Exhibit 1-7)(Mays, Robert) (Entered:
02/15/2011)

02/15/2011

102 PROPOSED ORDER re: 101 MOTION for Reconsideration of
100 Memorandum and Order,, filed.(Mays, Robert) (Entered:
02/15/2011)

03/07/2011

103 Joint RESPONSE in Opposition to 101 MOTION for
Reconsideration of 100 Memorandum and Order,, filed by
Barbara Gladden Adamick, Frederick E Edwards, Montgomery
County, Texas, Reed Elsevier, Inc.. (Attachments: # 1 Proposed
Order DENYING Plaintiff's Motion for Reconsideration)
(Miller, Allison) (Entered: 03/07/2011)

03/08/2011

104 REPLY to Response to 101 MOTION for Reconsideration of
100 Memorandum and Order,, filed by Karen McPeters. (Mays,
Robert) (Entered: 03/08/2011)

03/11/2011

105 NOTICE of Setting as to 101 MOTION for Reconsideration of
100 Memorandum and Order,. Parties notified. Motion Hearing
set for 4/6/2011 at 02:30 PM in Courtroom 3A Houston before
Judge Keith P Ellison, filed. (sloewe) (Entered: 03/11/2011)

03/28/2011

106 Supplemental MOTION for Reconsideration of 101 MOTION
for Reconsideration of 100 Memorandum and Order, by Karen
McPeters, filed. Motion Docket Date 4/18/2011. (Mays, Robert)
(Entered: 03/28/2011)

04/01/2011

107 Unopposed MOTION to Substitute Attorney B. David L. Foster
in place of Miranda Tolar by Reed Elsevier, Inc., filed. Motion
Docket Date 4/22/2011. (Attachments: # 1 Proposed Order)
(Schaeffer, Amanda) (Entered: 04/01/2011)

04/01/2011

108 ORDER granting 107 Motion to Substitute, Attorney Miranda
Tolar terminated.(Signed by Judge Keith P Ellison) Parties
notified. (aalonzo) (Entered: 04/04/2011)

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04/05/2011

109 NOTICE of Resetting as to 105 Notice of Setting, 101
MOTION for Reconsideration of 100 Memorandum and Order,.
Parties notified. Motion Hearing set for 4/6/2011 at 04:00 PM in
Courtroom 3A Houston before Judge Keith P Ellison, filed.
(sloewe) (Entered: 04/05/2011)

04/06/2011

Minute Entry for proceedings held before Judge Keith P Ellison.
MOTION HEARING held on 4/6/2011. Arguments heard
regarding Motion for Reconsideration. This matter is taken
under advisement. Appearances:(Law Clerk: Mullkoff) William
Scheel. Rayborn C Johnson, Allison Standish Miller, Robert L
Mays, Emily L Shoemaker, S. Tameka Phillips, Amanda Marie
Schaeffer, J. Allen Maines.(Court Reporter: Malone), filed.
(sloewe) (Entered: 04/07/2011)

04/07/2011

110 MEMORANDUM of Law by Karen McPeters, filed.(Mays,
Robert) (Entered: 04/07/2011)

04/14/2011

111 AMENDED MEMORANDUM AND ORDER DENYING 106
Supplemental MOTION for Reconsideration of 101 MOTION
for Reconsideration of 100 Memorandum and Order,
DENYING 101 MOTION for Reconsideration of 100
Memorandum and Order,.(Signed by Judge Keith P Ellison)
Parties notified.(sloewe) (Entered: 04/15/2011)

04/15/2011

112 NOTICE Re: Robert L. Mays, Jr. will be on vacation between
6/20/2011-7/2/2011, filed. (aboyd) (Entered: 04/18/2011)

04/19/2011

113 FINAL JUDGMENT.(Signed by Judge Keith P Ellison) Parties
notified.(sloewe) (Entered: 04/19/2011)

05/12/2011

114 NOTICE OF APPEAL to US Court of Appeals for the Fifth
Circuit re: 113 Final Judgment, 111 Memorandum and Order,
by Karen McPeters (Filing fee $ 455), filed.(rosaldana)
(Entered: 05/12/2011)

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