Baker v. Texas Department Of Criminal Justice et al

Filing 77

ORDER Adopting 66 Memorandum and Recommendations with the exception of Defendants' objections with regard to the due process claim, which is sustained; summary judgment is granted on that claim. 59 MOTION for Partial Summary Judgment is denied. 52 MOTION to Dismiss 50 Return of Service Executed is denied. 30 MOTION for Summary Judgment is denied. 46 Motion for Spoiliation Sanction is denied with leave to reassert it at time of trial. (Discovery due by 3/10/2014. No fur ther Dispositive Motions will be filed. Non-Dispositive Motion Filing due by 3/20/2014. Joint Pretrial Order due by 4/4/2014. Docket Call set for 4/11/2014 at 04:00 PM in Courtroom 9B before Judge Sim Lake.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

STEVE BAKER,

§
§
§
§

Plaintiff,
v.

§
§
§
§
§
§

TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, et al.,
Defendants.

CIVIL ACTION NO. H-12-2241

ORDER
The court has reviewed the Magistrate Judge's Memorandum and
Recommendation dated October 29, 2013, the objections thereto, and
the response to the objections.
Defendants argued in their objections that the court should
not adopt the Magistrate Judge's recommendation with regard to her
decision

not

to

consider

Defendants'

arguments

in

favor

of

dismissing Plaintiff's due process claim because of Defendants'
failure to raise the arguments until their reply brief.

In his

response,

Plaintiff agreed with Defendants that the due process

claim

not

is

viable

under

Fifth

Circuit

law

and

should

be

dismissed.
Therefore,

the

court

SUSTAINS

Defendants'

obj ections with

regard to the due process claim and grants summary judgment on that
claim.

In all other respects,

the Memorandum and Recommendation

dated October 29, 2013, is hereby ADOPTED by this court.

The parties are ORDERED to complete discovery by March 10,
2014.

Nondispositive motions must be filed by March 20, 2014.

No

further dispositive motions may be filed.
The case is scheduled for docket call on April 11, 2014, at
4:00 p.m.,

in Courtroom 9B at the United States Courthouse,

Rusk Avenue,
April 4,

Houston,

2014.

Texas.

The Joint

515

Pretrial Order is due

Plaintiff is responsible for timely filing the

complete joint pretrial order.

The court will not accept separate

versions of the pretrial order.
No instrument filed within seven days of docket call shall be
considered.

All pending motions may be ruled on at docket call,

and the case will be set for trial if the joint pretrial order has
been filed.
The Clerk shall send copies of this Order to the respective
parties.
SIGNED at Houston, Texas, on this 11th day of December, 2013.

UNITED STATES DISTRICT JUDGE

2