Sambrano et al v. United Airlines Inc

4:21-cv-01074 | Texas Northern District Court

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Division Fort Worth
Judge Judge Mark Pittman
Filed Sept. 21, 2021
Terminated July 9, 2024
Case Flags APPEAL, CLOSED, EXH-ADM, JURY, and STAYED
Nature of Suit 442 Civil Rights - Jobs
Cause 42:2000e Job Discrimination (Employment)
Jury Demand Plaintiff
Related Case 4:23-cv-00948
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Filing Date # Docket Text
10/21/2024Order on Motion to Withdraw as Attorney
10/1/2024Order on Motion for Miscellaneous Relief
9/20/2024Order Setting Deadline/Hearing
9/10/2024Order on Motion to Withdraw as Attorney
7/26/2024Transcript Order Form: re 266 Notice of Appeal, transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Field, Brian) (Entered: 07/26/2024)
7/25/2024USCA Case Number 24-10656 in United States Court of Appeals 5th Circuit for 266 Notice of Appeal, filed by Kimberly Hamilton, Charles Burk, Jarrad Rains, David Sambrano, Genise Kincannon, Alyse Medlin, David Castillo, Debra Jennefer Thal Jonas. (tle) (Entered: 07/25/2024)
7/18/2024 NOTICE OF APPEAL as to 263 Memorandum Opinion and Order, 231 Memorandum Opinion and Order, Add and Terminate Parties to the Fifth Circuit by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano. Filing fee $605, receipt number ATXNDC-14774772. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Attachments: # 1 Exhibit(s) 1: Opinion & Order 12/18/23, # 2 Exhibit(s) 2: Opinion & Order 6/21/24) (Field, Brian) (Entered: 07/18/2024)
7/9/2024ORDER: The Court concludes that the 264 Motion should be and is hereby GRANTED. It is ORDERED that this case is STAYED until the 5th Circuit Appellate Court has resolved the appeals pending before it related to this case. The Parties are ORDERED to file a joint status report within 7 days of the 5th Circuit's ruling, to apprise the Court of the status of the case. It is further ORDERED that the Clerk of the Court shall ADMINISTRATIVELY CLOSE this case and remove it from the statistical records until further notice. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Mark Pittman on 7/9/2024) (saw) (Main Document 265 replaced on 7/9/2024) (saw). (Entered: 07/09/2024)
7/8/2024Joint MOTION to Stay Proceedings Pending Appeal filed by United Airlines Inc (Cawyer, Russell) (Entered: 07/08/2024)
6/21/2024OPINION & ORDER: Before the Court is Plaintiffs' Motion for Class Certification and Appointment of Counsel. ECF No. 238 . Having considered the Motion, briefs, and applicable law, the Court finds the Motion should be and is hereby GRANTED in part and DENIED in part. Additionally, Plaintiffs' Motion for Reconsideration (ECF No. 241 ) is DENIED. (Ordered by Judge Mark Pittman on 6/21/2024) (saw) (Entered: 06/21/2024)
5/2/2024Brief/Memorandum in Support filed by United Airlines Inc re 259 Order on Motion for Leave to File, (Cawyer, Russell) (Entered: 05/02/2024)
5/2/2024Appendix in Support filed by United Airlines Inc re 259 Order on Motion for Leave to File, (Cawyer, Russell) (Entered: 05/02/2024)
5/2/2024NOTICE of Plaintiffs' Supplemental Brief re: 259 Order on Motion for Leave to File, filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano (Field, Brian) (Entered: 05/02/2024)
4/25/2024 ORDER: Having considered the Motion, the Court concludes that the 258 Motion should be and is hereby GRANTED. The Parties shall file any supplemental briefs addressing the Supreme Court's decision in Muldrow v. City of St. Louis by May 2, 2024. (Ordered by Judge Mark Pittman on 4/25/2024) (jnp) (Entered: 04/25/2024)
4/25/2024Unopposed MOTION for Leave to File Supplemental Brief re: Docs. 238, 241, addressing impact of Muldrow v. City of St. Louis filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano (Attachments: # 1 Proposed Order) (Field, Brian) (Entered: 04/25/2024)
2/23/2024Appendix in Support filed by Charles Burk, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano re 256 Reply (Field, Brian) (Entered: 02/23/2024)
2/23/2024REPLY filed by Charles Burk, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano re: 238 MOTION to Certify Class MOTION to Appoint Counsel (Field, Brian) (Entered: 02/23/2024)
2/22/2024Appendix in Support filed by United Airlines Inc re 246 Response/Objection to Plaintiff's Motion for Class Certification (Attachments: # 1 Additional Page(s) App. 3129-3295, # 2 Additional Page(s) App. 3296-3536, # 3 Additional Page(s) App. 3537-3711, # 4 Additional Page(s) App. 3712-3942, # 5 Additional Page(s) App. 3943-4116, # 6 Additional Page(s) App. 4117-4302, # 7 Additional Page(s) App. 4303-4588) (Cawyer, Russell) (Entered: 02/22/2024)
2/22/2024Appendix in Support filed by United Airlines Inc re 246 Response/Objection to Plaintiff's Motion for Class Certification (Attachments: # 1 Additional Page(s) App. 1-147, # 2 Additional Page(s) App. 148-1126, # 3 Additional Page(s) App. 1127-1602, # 4 Additional Page(s) App. 1603-1924, # 5 Additional Page(s) App. 1925-2153, # 6 Additional Page(s) App. 2154-2416, # 7 Additional Page(s) App. 2417-2544, # 8 Additional Page(s) App. 2545-2765, # 9 Additional Page(s) App. 2766-2932, # 10 Additional Page(s) App. 2933-3128) (Cawyer, Russell) (Entered: 02/22/2024)
2/20/2024REPLY filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re: 241 MOTION for Reconsideration re 231 Memorandum Opinion and Order, Add and Terminate Parties (Field, Brian) (Entered: 02/20/2024)
2/13/2024252ELECTRONIC ORDER granting 250 Motion for Extension of Time to File Appendix in Support of Brief in Opposition to Class Certification. (Ordered by Judge Mark Pittman on 2/13/2024) (nsb) (Entered: 02/13/2024)
2/12/2024Appendix in Support filed by United Airlines Inc re 250 Unopposed MOTION for Extension of Time to File Appendix In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification (Cawyer, Russell) (Entered: 02/12/2024)
2/12/2024Unopposed MOTION for Extension of Time to File Appendix In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification filed by United Airlines Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Cawyer, Russell) (Entered: 02/12/2024)
2/10/2024(Document Restricted) Sealed Appendix in Support re: 248 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 12/21/2023) filed by United Airlines Inc (Attachments: # 1 Additional Page(s) APP. 2545-2765, # 2 Additional Page(s) APP. 2766-2932, # 3 Additional Page(s) APP. 2933-3128, # 4 Additional Page(s) APP. 3129-3295, # 5 Additional Page(s) APP. 3296-3536, # 6 Additional Page(s) APP. 3537-3711, # 7 Additional Page(s) APP. 3712-3942, # 8 Additional Page(s) APP. 3943-4116, # 9 Additional Page(s) APP. 4117-4302) (Cawyer, Russell) (Entered: 02/10/2024)
2/9/2024(Document Restricted) Sealed Appendix in Support re: 246 Response/Objection (Sealed pursuant to order dated 12/21/2023) filed by United Airlines Inc (Attachments: # 1 Additional Page(s) APP. 4303-4588) (Cawyer, Russell) (Entered: 02/10/2024)
2/9/2024(Document Restricted) Sealed Appendix in Support re: 246 Response/Objection (Sealed pursuant to order dated 12/21/2023) filed by United Airlines Inc (Attachments: # 1 Additional Page(s) APP. 148-1126, # 2 Additional Page(s) APP. 1127-1602, # 3 Additional Page(s) APP. 1603-1924, # 4 Additional Page(s) APP. 1925-2153) (Cawyer, Russell) (Entered: 02/09/2024)
2/9/2024RESPONSE filed by United Airlines Inc re: 238 MOTION to Certify Class MOTION to Appoint Counsel (Attachments: # 1 Proposed Order) (Cawyer, Russell) (Entered: 02/09/2024)
2/6/2024Appendix in Support filed by United Airlines Inc re 244 Response/Objection in Opposition to Plaintiffs' Motion for Reconsideration (Cawyer, Russell) (Entered: 02/06/2024)
2/6/2024RESPONSE filed by United Airlines Inc re: 241 MOTION for Reconsideration re 231 Memorandum Opinion and Order, Add and Terminate Parties (Cawyer, Russell) (Entered: 02/06/2024)
1/26/2024Appendix in Support filed by Charles Burk, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano re 238 MOTION to Certify Class MOTION to Appoint Counsel , 239 Brief/Memorandum in Support of Motion (Redacted) (Attachments: # 1 Additional Page(s) Vol. 2 of Appendix, # 2 Additional Page(s) Vol. 3 of Appendix) (Field, Brian) (Entered: 01/26/2024)
1/16/2024Brief/Memorandum in Support filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re 241 MOTION for Reconsideration re 231 Memorandum Opinion and Order, Add and Terminate Parties (Field, Brian) (Entered: 01/16/2024)
1/16/2024 MOTION for Reconsideration re 231 Memorandum Opinion and Order, Add and Terminate Parties filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano (Attachments: # 1 Proposed Order) (Field, Brian) (Entered: 01/16/2024)
1/12/2024(Document Restricted) Sealed Appendix in Support re: 239 Brief/Memorandum in Support of Motion, 238 Motion to Certify Class, Motion to Appoint Counsel (Sealed pursuant to order dated 12/21/2023) filed by Charles Burk, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano (Attachments: # 1 Additional Page(s) Vol. 2 of Appendix, # 2 Additional Page(s) Vol. 3 of Appendix) (Field, Brian) (Entered: 01/12/2024)
1/12/2024Brief/Memorandum in Support filed by Charles Burk, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano re 238 MOTION to Certify Class MOTION to Appoint Counsel (Field, Brian) (Entered: 01/12/2024)
1/12/2024 MOTION to Certify Class , MOTION to Appoint Counsel () filed by Charles Burk, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano (Attachments: # 1 Proposed Order) (Field, Brian) (Entered: 01/12/2024)
1/8/2024 ***DISREGARD-DUPLICATE ENTRY (PER ATTY) *** ANSWER to 156 Amended Complaint,, filed by United Airlines Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Cawyer, Russell) Modified on 1/9/2024 (wxc). (Entered: 01/08/2024)
1/8/2024 ANSWER to 156 Amended Complaint,, filed by United Airlines Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Matthews, Jordan) (Entered: 01/08/2024)
12/21/2023 ORDER: Before the Court is the Parties' Joint Motion for Leave to File Class Certification Appendices Under Seal. ECF No. 234 . Having considered the Motion, the Court finds that the Motion should be and is hereby GRANTED. (Ordered by Judge Mark Pittman on 12/21/2023) (saw) (Entered: 12/21/2023)
12/20/2023Joint MOTION for Leave to File Class Certification Appendices Under Seal filed by United Airlines Inc (Attachments: # 1 Exhibit(s) Confidentiality Agreement) (Cawyer, Russell) (Entered: 12/20/2023)
12/20/2023 ORDER: The Court finds that the 232 Motion should be and is hereby GRANTED. Plaintiffs' motion for class certification shall be filed on or before January 12, 2024. Defendant's opposition to Plaintiffs' motion for class certification shall be filed on or before February 9, 2024. Plaintiffs' reply in support of motion for class certification shall be filed on or before February 23, 2024. (Ordered by Judge Mark Pittman on 12/20/2023) (saw) (Entered: 12/20/2023)
12/19/2023Consent MOTION to Extend Time to file Plaintiffs' Motion for Class Certification and other briefing deadlines filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano (Attachments: # 1 Proposed Order) (Field, Brian) (Entered: 12/19/2023)
12/18/2023OPINION & ORDER: United's Motion to Dismiss (ECF No. 209 ) is GRANTED in part. United's Motion to Transfer Venue (ECF No. 216 ) is DENIED. (Ordered by Judge Mark Pittman on 12/18/2023) (saw) (Entered: 12/18/2023)
12/12/2023Appendix in Support filed by United Airlines Inc re 229 Reply in Support of Motion to Transfer Venue (Cawyer, Russell) (Entered: 12/12/2023)
12/12/2023REPLY filed by United Airlines Inc re: 216 MOTION to Transfer Case out of District/Division (Cawyer, Russell) (Entered: 12/12/2023)
12/8/2023Appendix in Support filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re 227 Response/Objection, Supplemental Brief Regarding Defendant's Renewed Motion for Partial Dismissal of the Second Amended Complaint (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8) (Sullivan, John) (Entered: 12/08/2023)
12/8/2023RESPONSE filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re: 209 MOTION to Dismiss Renewed Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support (Sullivan, John) (Entered: 12/08/2023)
12/8/2023Appendix in Support filed by United Airlines Inc re 225 Brief/Memorandum in Support of Motion, Supplemental Brief Regarding Untimely Charges (Matthews, Jordan) (Entered: 12/08/2023)
12/8/2023Brief/Memorandum in Support filed by United Airlines Inc re 209 MOTION to Dismiss Renewed Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support Supplemental Brief Regarding Untimely Charges (Matthews, Jordan) (Entered: 12/08/2023)
12/7/2023ORDER: The Court hereby EXTENDS the deadline for submission of supplemental briefing. The Parties are ORDERED to submit supplemental briefing on or before Friday, December 8, 2023 at 5:00pm CST. (Ordered by Judge Mark Pittman on 12/7/2023) (saw) (Entered: 12/07/2023)
12/6/2023Notice of Filing of Official Electronic Transcript of Stipulation Proceedings held on September 24, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (13 pages) Redaction Request due 12/27/2023. Redacted Transcript Deadline set for 1/8/2024. Release of Transcript Restriction set for 3/5/2024. (mwg) (Entered: 12/06/2023)
11/28/2023Appendix in Support filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re 221 Response/Objection to Defendant's Motion to Transfer Venue (Field, Brian) (Entered: 11/28/2023)
11/28/2023RESPONSE filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re: 216 MOTION to Transfer Case out of District/Division (Field, Brian) (Entered: 11/28/2023)
11/28/2023 ORDER: Before the Court is Defendant's Renewed Motion for Partial Dismissal of the Second Amended Complaint. ECF No. 209 . The Parties are ORDERED to submit supplemental briefing on or before December 7, 2023 regarding the timeliness of Rains', Castillo's, and Medlin's EEOC charges. (Ordered by Judge Mark Pittman on 11/28/2023) (saw) (Entered: 11/28/2023)
11/8/2023 ORDER: The Court concludes that the 218 Motion should be and is hereby GRANTED. Plaintiff's motion for class certification shall be filed by December 22, 2023. Defendant's response in opposition to class certification shall be filed by January 19, 2024. Plaintiff's reply shall be filed by February 2, 2024. The deadline for Plaintiffs to file an opposition to Defendant's motion to transfer shall be extended to November 28, 2023. (Ordered by Judge Mark Pittman on 11/8/2023) (bdb) (Entered: 11/08/2023)
11/7/2023Joint MOTION to Extend Time Joint Motion for Extension of Time and for Excess Pages filed by United Airlines Inc (Cawyer, Russell) (Entered: 11/07/2023)
10/24/2023Appendix in Support filed by United Airlines Inc re 216 MOTION to Transfer Case out of District/Division (Cawyer, Russell) (Entered: 10/24/2023)
10/24/2023 MOTION to Transfer Case out of District/Division filed by United Airlines Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Cawyer, Russell) (Entered: 10/24/2023)
10/2/2023REPLY filed by United Airlines Inc re: 209 MOTION to Dismiss Renewed Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support (Cawyer, Russell) (Entered: 10/02/2023)
9/25/2023Appendix in Support filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re 213 Response/Objection, (Field, Brian) (Entered: 09/25/2023)
9/25/2023RESPONSE filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re: 209 MOTION to Dismiss Renewed Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support (Field, Brian) (Entered: 09/25/2023)
9/18/2023Joint STATUS REPORT Joint Mediation Report filed by United Airlines Inc. (Cawyer, Russell) (Entered: 09/18/2023)
9/15/2023 ORDER granting 208 Motion to Extend Time: 1. Class certification discovery shall be completed on or before November 10, 2023. 2. Plaintiff's opening brief in support of class certification shall be filed on or before December 1, 2023. 3. Defendant's response in opposition to class certification shall be filed on or before December 15, 2023. 4. Plaintiff's reply shall be filed on or before December 22, 2023. (Ordered by Judge Mark Pittman on 9/15/2023) (sre) (Entered: 09/15/2023)
9/13/2023Appendix in Support filed by United Airlines Inc re 209 MOTION to Dismiss Renewed Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support (Cawyer, Russell) (Entered: 09/13/2023)
9/13/2023 MOTION to Dismiss Renewed Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support filed by United Airlines Inc with Brief/Memorandum in Support. (Cawyer, Russell) (Entered: 09/13/2023)
9/13/2023Joint MOTION to Extend Time Joint Motion for Modification of Scheduling Order filed by United Airlines Inc (Attachments: # 1 Proposed Order) (Munro, Donald) (Entered: 09/13/2023)
9/8/2023 ORDER granting 203 Motion to Extend Time: The Court ORDERS that the discovery and briefing deadlines shall be as follows: 1. Class certification discovery shall be completed on or before October 23, 2023. 2. Plaintiff's opening brief in support of class certification shall be filed on or before November 14, 2023. 3. Defendant's response in opposition to class certification shall be filed on or before November 28, 2023. 4. Plaintiff's reply shall be filed on or before December 5, 2023. (Ordered by Judge Mark Pittman on 9/8/2023) (sre) (Entered: 09/08/2023)
9/7/2023REPLY filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re: 203 MOTION to Extend Time of Discovery Schedule (Field, Brian) (Entered: 09/07/2023)
9/7/2023 ORDER: The Court has considered and now GRANTS Patrick J. Beisell's (ECF No. 201 ) and Jonathan M. Linas' (ECF No. 202 ) applications for admission pro hac vice. The Clerk of Court shall deposit the application fee to the account of the non-appropriated fund of this Court. Further, if the applicants have not already done so, they must register as an ECF user within two weeks of this order through the Court's website.1 Failure to do so may result in the revocation of pro hac vice status and the applicants' withdrawal from the case. See LR 5.1 and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 9/7/2023) (sre) (Entered: 09/07/2023)
9/7/2023 OBJECTION filed by United Airlines Inc re: 203 MOTION to Extend Time of Discovery Schedule (Cawyer, Russell) (Entered: 09/07/2023)
9/6/2023 MOTION to Extend Time of Discovery Schedule filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano (Attachments: # 1 Proposed Order) (Field, Brian) (Entered: 09/06/2023)
9/6/2023Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jonathan Linas (Filing fee $100; Receipt number ATXNDC-14010412) filed by United Airlines Inc (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order) (Cawyer, Russell) (Entered: 09/06/2023)
9/6/2023Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Patrick Beisell (Filing fee $100; Receipt number ATXNDC-14010397) filed by United Airlines Inc (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order) (Cawyer, Russell) (Entered: 09/06/2023)
9/5/2023Notice of Filing of Official Electronic Transcript of Motion to Compel Proceedings held on August 30, 2023 before Judge Jeffrey L. Cureton. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (26 pages) Redaction Request due 9/26/2023. Redacted Transcript Deadline set for 10/6/2023. Release of Transcript Restriction set for 12/4/2023. (mwg) (Entered: 09/05/2023)
8/30/2023 ORDER: The Court ORDERS that the class certification discovery and briefing deadlines shall be RESET as follows: Class certification discovery shall be completed on or before October 6, 2023. Final document production on or before September 7, 2023. Opening brief in support of class certification shall be filed on or before October 27, 2023. Response in opposition to class certification shall be filed on or before November 10, 2023. Reply shall be filed on or before November 17, 2023. Defendant's motion to dismiss shall be filed on or before September 13, 2023. Plaintiff's response to Defendant's motion to dismiss shall be filed on or before September 25, 2023. Defendant's reply shall be filed on or before October 2, 2023. (Ordered by Judge Mark Pittman on 8/30/2023) (bdb) (Entered: 08/30/2023)
8/30/2023Deadline Modification: Amended Pleadings due by 9/13/2023, ***Motions terminated: 175 Amended MOTION to Compel per 198 . (wxc) (Entered: 08/30/2023)
8/30/2023 Minute Entry for proceedings held before Magistrate Judge Jeffrey L. Cureton: Hearing held on 8/30/2023. For the reasons stated on the record and as set forth in Plaintiff's response, the Court DENIED Defendant's Amended Motion to Compel [doc. 175 ], filed May 30, 2023. Plaintiff, no later than September 13, 2023, shall submit an amended privilege log to Defendant that includes the bates numbers identifying the document location of all fifteen entries contained on such log. Attorney Appearances: Plaintiff - John Sullivan and Brian Field; Defense - Russell Cawyer and Taylor Winn. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - :35. (wxc) (Entered: 08/30/2023)
8/9/2023197ELECTRONIC ORDER granting 196 Motion to Withdraw as Attorney. Attorney Joshua James Prince removed from case. (Ordered by Judge Mark Pittman on 8/9/2023) (ads) (Entered: 08/09/2023)
8/1/2023Unopposed MOTION to Withdraw as Attorney filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano (Attachments: # 1 Proposed Order)Attorney Joshua James Prince added to party Charles Burk(pty:pla), Attorney Joshua James Prince added to party Alyse Medlin(pty:pla), Attorney Joshua James Prince added to party Jarrad Rains(pty:pla) (Prince, Joshua) (Entered: 08/01/2023)
8/1/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:195. Tue Aug 1 12:36:28 CDT 2023 (crt) (Entered: 08/01/2023)
7/31/2023195ELECTRONIC ORDER granting 194 Motion to Continue Hearing on Defendant's Amended Motion to Compel Production of Documents. Hearing reset for for 8/30/2023 at 10:00 AM in US Courthouse, Courtroom 508, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Jeffrey L. Cureton. (Ordered by Magistrate Judge Jeffrey L. Cureton on 7/31/2023) (chmb) (Entered: 07/31/2023)
7/25/2023Unopposed MOTION to Continue Hearing on Defendants Amended Motion to Compel Production of Documents filed by United Airlines Inc (Attachments: # 1 Proposed Order) (Cawyer, Russell) (Entered: 07/25/2023)
7/24/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:193. Mon Jul 24 08:24:31 CDT 2023 (crt) (Entered: 07/24/2023)
7/21/2023ORDER SETTING HEARING ON DEFENDANT'S 175 AMENDED MOTION TO COMPEL PRODUCTION OF DOCUMENTS: It is ORDERED that hearing will be held on Defendant's Amended Motion to Compel Production of Documents 8/10/2023 at 10:00 AM in US Courthouse, Courtroom 508, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Jeffrey L. Cureton. The Court notes that, prior to the hearing, the "[parties] should [again] make reasonable efforts to conduct all discovery by agreement." Dondi Properties Corp. v. Commerce Savings & Loan Ass'n, 121 F.R.D. 284, 293 (N.D. Tex. 1988) (en banc). The Court cautions the parties that it does not take discovery disputes lightly, and, if a final resolution by the Court is necessary, sanctions will be imposed upon any party conducting or opposing discovery unreasonably, in bad faith, or otherwise not in compliance with the rules or Dondi. The Court strongly suggests that all parties read Heller v. City of Dallas, 303 F.R.D. 466 (N.D. Tex. 2014) and be aware that this Court will follow the guidance set forth therein in ruling on Defendants motion. (Ordered by Magistrate Judge Jeffrey L. Cureton on 7/21/2023) (twd) (Entered: 07/24/2023)
7/11/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:192. Tue Jul 11 12:12:59 CDT 2023 (crt) (Entered: 07/11/2023)
7/10/2023ORDER REGARDING CLASS CERTIFICATION AND DISCOVERY: Discovery and Certification briefing deadlines (ECF No. 191 ). Having considered the Motion, the Court concludes that it is GRANTED. The Court further ORDERS that the discovery and briefing deadlines shall be as follows: 1. Class Certification Discovery shall be completed on or before October 6, 2023. 2. The Parties shall transmit their final document production on or before August 31, 2023. 3. Plaintiffs' opening brief in support of class certification shall be filed on or before November 6, 2023. 4. Defendant's response in opposition to class certification shall be filed on or before December 4, 2023. 5. Plaintiffs' reply shall be filed on or before December 18, 2023. (Ordered by Judge Mark Pittman on 7/10/2023) (fba) (Entered: 07/10/2023)
7/7/2023 MOTION to Extend Time Defendant United Airlines, Inc.'s Unopposed Motion to Extend the Deadlines in Court's Order Regarding Class Certification and Discovery and Brief in Support filed by United Airlines Inc with Brief/Memorandum in Support. (Cawyer, Russell) (Entered: 07/07/2023)
7/7/2023 ***PLEASE DISREGARD PER ATTORNEY, REFER TO 191 for CORRECTED DOCUMENT*** MOTION to Extend Time Defendant United Airlines, Inc.'s Unopposed Motion to Extend the Deadlines in Court's Order Regarding Class Certification and Discovery and Brief in Support filed by United Airlines Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Cawyer, Russell) Modified on 7/7/2023 (sre). (Entered: 07/07/2023)
6/19/2023Appendix in Support filed by United Airlines Inc re 188 Reply ISO Amended Motion to Compel (Cawyer, Russell) (Entered: 06/19/2023)
6/19/2023REPLY filed by United Airlines Inc re: 175 Amended MOTION to Compel (Cawyer, Russell) (Entered: 06/19/2023)
6/13/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:185. Tue Jun 13 12:41:48 CDT 2023 (crt) (Entered: 06/13/2023)
6/12/2023Appendix in Support filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re 186 Response/Objection (Field, Brian) (Entered: 06/12/2023)
6/12/2023RESPONSE filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re: 175 Amended MOTION to Compel (Field, Brian) (Entered: 06/12/2023)
6/12/2023185ELECTRONIC ORDER: The Parties are hereby ORDERED to contact the Hon. David L. Evans on or before 06/17/2023 to schedule mediation. (Ordered by Judge Mark Pittman on 6/12/2023) (ads) (Entered: 06/12/2023)
6/12/2023184ELECTRONIC ORDER granting 182 Motion for Extension of Time to File Defendant's Answer. Answer due no later than twenty-one (21) days following: (1) the entry of an order on any renewed Motion to Dismiss permitted by the Court pursuant to ECF No. 181, or (2) the entry of an order disallowing such a renewed Motion, or (3) a joint notice to the Court of an agreement between the parties to forego re-briefing such a renewed Motion. (Ordered by Judge Mark Pittman on 6/12/2023) (ads) (Entered: 06/12/2023)
6/12/2023Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on March 23, 2023 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (28 pages) Redaction Request due 7/5/2023. Redacted Transcript Deadline set for 7/13/2023. Release of Transcript Restriction set for 9/11/2023. (mwg) (Entered: 06/12/2023)
6/9/2023Unopposed MOTION for Extension of Time to File Response to Second Amended Complaint filed by United Airlines Inc (Attachments: # 1 Proposed Order) (Cawyer, Russell) (Entered: 06/09/2023)
6/5/2023 ORDER: This Court concludes that Defendant's Motion (ECF No. 160 ) is DENIED without prejudice pending the issuance of the Fifth Circuits opinion in Hamilton v. Dallas County. The Parties should anticipate an Order of this Court to re-brief the Motion to Dismissshould they choose to do soin light of the opinion of the Fifth Circuit. The Parties are further ORDERED to conduct a mediation with the Hon. David L. Evans on or before September 15, 2023, to discuss the prospect of and make good faith attempts at a settlement in this case. The Parties are ORDERED to file a joint report of the results of their mediation on or before September 22, 2023 (SEE ORDER FOR SPECIFICS). (Ordered by Judge Mark Pittman on 6/5/2023) (tjc) (Entered: 06/05/2023)
6/5/2023180ELECTRONIC ORDER finding as moot 171 Defendant's Motion to Compel Production of Documents based on Defendant's Amended Motion to Compel Production of Documents [doc 175], filed May 30, 2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 6/5/2023) (chmb) (Entered: 06/05/2023)
5/31/2023MOTIONS REFERRED per Order 179 : 175 Amended MOTION to Compel Motion(s) referred to Magistrate Judge Jeffrey L. Cureton. (jgg) (Entered: 05/31/2023)
5/31/2023179ELECTRONIC ORDER: Defendant's Amended Motion to Compel (ECF No. 175) is hereby REFERRED to United States Magistrate Judge Jeffrey L. Cureton. (Ordered by Judge Mark Pittman on 5/31/2023) (ads) (Entered: 05/31/2023)
5/30/2023Appendix in Support filed by United Airlines Inc re 177 Reply ISO Partial Motion to Dismiss Second Amended Complaint (Cawyer, Russell) (Entered: 05/30/2023)
5/30/2023REPLY filed by United Airlines Inc re: 160 MOTION to Dismiss Defendant's Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support (Cawyer, Russell) (Entered: 05/30/2023)
5/30/2023Appendix in Support filed by United Airlines Inc re 175 Amended MOTION to Compel (Cawyer, Russell) (Entered: 05/30/2023)
5/30/2023Amended MOTION to Compel filed by United Airlines Inc with Brief/Memorandum in Support. (Cawyer, Russell) (Entered: 05/30/2023)
5/16/2023 ORDER: The Court therefore ORDERS that Defendants Motion to Compel 171 and any amended motion filed in accordance with this Order ought to be and are hereby REFERRED to United States Magistrate Judge Jeffrey L. Cureton for consideration. The Parties are hereby ORDERED to confer face-to-face and make a good-faith effort to resolve this dispute between themselves. If the Parties are able to completely resolve this dispute, Defendant shall notify the Court in writing as soon as possible, but no later than May 30, 2023, and the Motion shall be rendered moot.If the Parties are able to resolve part, but not all, of their dispute, Defendant must file an amended motion as to the remaining disputed matters no later than May 30, 2023. If the Parties are unable to resolve any portion of their dispute, Plaintiffs shall file a response to Defendants Motion no later than May 30, 2023. (Ordered by Judge Mark Pittman on 5/16/2023) (jgg) (Entered: 05/16/2023)
5/16/2023NOTICE of Clarify the Record re: 171 MOTION to Compel filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano (Field, Brian) (Entered: 05/16/2023)
5/15/2023Appendix in Support filed by United Airlines Inc re 171 MOTION to Compel (Cawyer, Russell) (Entered: 05/15/2023)
5/15/2023 MOTION to Compel filed by United Airlines Inc with Brief/Memorandum in Support. (Cawyer, Russell) (Entered: 05/15/2023)
4/24/2023Appendix in Support filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re 169 Response/Objection, (Paoletta, Mark) (Entered: 04/24/2023)
4/24/2023RESPONSE filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano re: 160 MOTION to Dismiss Defendant's Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support (Paoletta, Mark) (Entered: 04/24/2023)
4/24/2023Designation of Experts by United Airlines Inc. (Cawyer, Russell) (Entered: 04/24/2023)
3/31/2023 ORDER GRANTING JOINT MOTION TO EXTEND BRIEFING SCHEDULE Before the Court is the Parties Joint Motion to Extend the briefing schedule for Defendant United Airlines Partial Motion to Dismiss Plaintiffs Second Amended Complaint 166 . Having considered the Motion, the Court has concluded that it should be and is hereby GRANTED. The deadline for Plaintiffs response to Defendants Motion is extended to April 24, 2023, and the deadline for Defendants reply is extended to May 30, 2023. (Ordered by Judge Mark Pittman on 3/31/2023) (jgg) (Entered: 03/31/2023)
3/30/2023MOTION for Extension of Time to File Response/Reply to 160 MOTION to Dismiss Defendant's Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support filed by Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order)Attorney Brian J Field added to party Charles Burk(pty:pla), Attorney Brian J Field added to party Alyse Medlin(pty:pla), Attorney Brian J Field added to party Jarrad Rains(pty:pla) (Field, Brian) (Entered: 03/30/2023)
3/30/2023NOTICE of Attorney Appearance by Cristina Martinez Squiers on behalf of Charles Burk, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, Alyse Medlin, Jarrad Rains, David Sambrano, Seth Turnbough. (Filer confirms contact info in ECF is current.) (Squiers, Cristina) (Entered: 03/30/2023)
3/27/2023 ORDER REGARDING CLASS CERTIFICATION AND DISCOVERY: The Court, having reviewed submissions by the Parties and considered the Parties proposals at the most recent status conference in this case held March 23, 2023, establishes the following schedule for a phase of class discovery and certification in this case (see order for details) (Ordered by Judge Mark Pittman on 3/27/2023) (jgg) (Entered: 03/27/2023)
3/23/2023163 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Hearing held on 3/23/2023. Attorney Appearances: Plaintiff - John Sullivan, Brian Field; Defense - Russell Cawyer, Donald Munro, Taylor Winn. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - :55. (chmb) (Entered: 03/27/2023)
3/21/2023 ORDER: The Court hereby RESETS the upcoming hearing 159 to 1:30pm on Thursday, March 23, 2023, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Court, 501 W 10th St., Fort Worth, Texas, 76102. Counsel for all parties are ORDERED to attend. Counsel should be prepared to discuss the proposed scheduling order, class certification, and all pending matters before the Court in this case. (Ordered by Judge Mark Pittman on 3/21/2023) (jgg) (Entered: 03/21/2023)
3/13/2023Appendix in Support filed by United Airlines Inc re 160 MOTION to Dismiss Defendant's Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support (Cawyer, Russell) (Entered: 03/13/2023)
3/13/2023 MOTION to Dismiss Defendant's Motion for Partial Dismissal of the Second Amended Complaint and Brief in Support filed by United Airlines Inc with Brief/Memorandum in Support. (Cawyer, Russell) (Entered: 03/13/2023)
3/2/2023 ORDER: Before the Court is the parties proposed scheduling order. ECF No. 158 . The Court hereby SETS the proposed scheduling order for a hearing at 2:00 p.m. on March 23, 2023, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Court, 501 W 10th St., Fort Worth, Texas, 76102. Counsel for all parties are ORDERED to attend. (Ordered by Judge Mark Pittman on 3/2/2023) (tjc) (Entered: 03/02/2023)
2/28/2023Proposal for contents of scheduling and discovery order Report Regarding Contents of Scheduling Order - Joint Report by United Airlines Inc. (Cawyer, Russell) (Entered: 02/28/2023)
2/9/2023ORDER: Lead counsel for each party and any unrepresented party shall confer in a face-to-face conference as soon as practicable. The Joint Report shall be filed on or before 2/28/2023. (Ordered by Judge Mark Pittman on 2/9/2023) (jgg) (Entered: 02/09/2023)
2/9/2023AMENDED COMPLAINT WITH JURY DEMAND (Second) against All Defendants filed by Debra Jennefer Thal Jonas, David Sambrano, Genise Kincannon, David Castillo, Kimberly Hamilton, Jarrad Rains, Alyse Medlin, Charles Burk. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Paoletta, Mark) (Entered: 02/09/2023)
2/9/2023155ELECTRONIC ORDER granting 153 Motion to Withdraw as Attorney. Added attorney Austin Nimocks for David Castillo, Kimberly Hamilton, Debra Jennefer, Thal Jonas, Genise Kincannon, David Sambrano, and Seth Turnbough. Attorney Melissa J Swindle and Robert C Wiegand terminated (Ordered by Judge Mark Pittman on 2/9/2023) (gce) (Entered: 02/09/2023)
2/9/2023NOTICE of Attorney Appearance by Austin Nimocks on behalf of David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. (Filer confirms contact info in ECF is current.) (Nimocks, Austin) (Entered: 02/09/2023)
2/8/2023 MOTION to Withdraw as Attorney Robert C. Wiegand's and Melissa J. Swindle's Motion to Withdraw as Counsel of Record Plaintiffs and Brief in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order) (Wiegand, Robert) (Entered: 02/08/2023)
11/9/2022Joint STATUS REPORT filed by United Airlines Inc. (Cawyer, Russell) (Entered: 11/09/2022)
11/4/2022 ORDER: The Court ORDERS the parties to file a joint status report no later than Wednesday, November 9, 2022, informing it of the current status of this case and a proposed path toward the timely resolution of this case. (Ordered by Judge Mark Pittman on 11/4/2022) (bdb) (Entered: 11/04/2022)
9/20/2022Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on September 15, 2022 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (13 pages) Redaction Request due 10/11/2022. Redacted Transcript Deadline set for 10/21/2022. Release of Transcript Restriction set for 12/19/2022. (mwg) (Entered: 09/20/2022)
9/16/2022 AMENDED ORDER: Having reviewed these Motions and related docket entries, and upon considering arguments of counsel at the Status Conference held September 15, 2022 (ECF No. 147), the Court DENIES without prejudice each of the Motions. ECF Nos. 101 , 135 . (Ordered by Judge Mark Pittman on 9/16/2022) (bdb) (Entered: 09/16/2022)
9/16/2022 ORDER: Having reviewed these Motions and related docket entries, and upon considering arguments of counsel at the Status Conference held September 15, 2022 (ECF No. 147), the Court DENIES each of the Motions. ECF Nos. 101 , 135 . (Ordered by Judge Mark Pittman on 9/16/2022) (bdb) (Entered: 09/16/2022)
9/16/2022147 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Status Conference held on 9/15/2022. Attorney Appearances: Plaintiff - John Sullivan, Brian Field; Defense - Russell Cawyer, Jordan Matthews, Taylor Winn. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - :15. (chmb) (Entered: 09/16/2022)
9/14/2022ORDER granting Defendants Unopposed Motion for Leave to Extend Deadline to File Responsive Pleading (Motion). ECF No. 145 . (Ordered by Judge Mark Pittman on 9/14/2022). (fba) (Entered: 09/14/2022)
9/7/2022Unopposed Motion for Extension of Time to File Answer Unopposed Motion for Leave to Extend Deadline to File Responsive Pleading filed by United Airlines Inc (Cawyer, Russell) (Entered: 09/07/2022)
9/7/2022Joint STATUS REPORT filed by United Airlines Inc. (Cawyer, Russell) (Entered: 09/07/2022)
8/22/2022 ORDER: The Court therefore ORDERS the Parties to confer in-person and file a Joint Report with a 12-page limit by September 7, 2022. The Court SETS a hearing for September 15, 2022, at 3:00 p.m. in the Fourth Floor Courtroom of the Eldon B. Mahon United States Court, 501 W 10th St., Fort Worth, Texas, 76102. (Ordered by Judge Mark Pittman on 8/22/2022) (jgg) (Entered: 08/22/2022)
8/22/2022Opinion of USCA No. 21-11159 in accordance with USCA judgment re 116 Notice of Appeal, filed by Genise Kincannon, Kimberly Hamilton, Seth Turnbough, David Castillo, David Sambrano, Debra Jennefer Thal Jonas. We therefore REVERSE the decision of the district court and REMAND for consideration of the other factors courts must evaluate when deciding whether to issue a preliminary injunction. (tle) (Entered: 08/22/2022)
8/22/2022JUDGMENT/MANDATE of USCA No. 21-11159 as to 116 Notice of Appeal, filed by Genise Kincannon, Kimberly Hamilton, Seth Turnbough, David Castillo, David Sambrano, Debra Jennefer Thal Jonas. IT IS ORDERED and ADJUDGED that the judgment of the District Court is REVERSED and REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. IT IS FURTHER ORDERED that each party bear its own costs on appeal. Issued as Mandate: 8/18/2022. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 08/22/2022)
8/22/2022 ***STRICKEN AND UNFILED*** STATUS REPORT Defendant United Airlines, Inc.'s Status Update and Proposed Post-Appeal Procedure filed by United Airlines Inc. (Attachments: # 1 Exhibit(s)) (Cawyer, Russell) (Entered: 08/22/2022)
3/22/2022APPEARANCE FORM FILED at USCA5 by Attorney Andrew Layton Schlafly for Amicus Curiae Association of American Physicians & Surgeons in 21-11159. Access to the EROA has been granted. (tle) (Entered: 03/22/2022)
2/23/2022NOTICE of Attorney Appearance by Taylor J Winn on behalf of United Airlines Inc. (Filer confirms contact info in ECF is current.) (Winn, Taylor) (Entered: 02/23/2022)
2/21/2022REPLY filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re: 135 MOTION for Temporary Restraining Order MOTION for Injunction (Schaerr, Gene) (Entered: 02/21/2022)
2/18/2022Appendix in Support filed by United Airlines Inc re 136 Response/Objection to Plaintiffs' Motion for Temporary Restraining Order and Immediate Entry of Preliminary Injunction (Cawyer, Russell) (Entered: 02/18/2022)
2/18/2022 RESPONSE AND OBJECTION filed by United Airlines Inc re: 135 MOTION for Temporary Restraining Order MOTION for Injunction (Cawyer, Russell) (Entered: 02/18/2022)
2/17/2022 MOTION for Temporary Restraining Order (), MOTION for Injunction filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1: CA5 Decision 2-17-22) (Schaerr, Gene) (Entered: 02/17/2022)
1/11/2022REPLY filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re: 101 MOTION to Certify Class (Provisional) (Field, Brian) (Entered: 01/11/2022)
1/3/2022APPEARANCE FORM FILED at USCA5 by Attorney(s) H. Christopher Bartolomucci for party(s) Appellant Genise Kincannon Appellant Kimberly Hamilton Appellant Debra Jennefer Thal Jonas Appellant David Castillo Appellant David Sambrano Appellant Seth Turnbough, in case 21-11159. Acess to the EROA has been granted. (tle) (Entered: 01/03/2022)
12/16/2021 ORDER granting Plaintiffs' 132 Motion for Extension of Time: Accordingly, the Court ORDERS that Plaintiffs' deadline to file a reply in support of the 101 Motion for Provisional Class Certification is extended to 1/11/2022. (Ordered by Judge Mark Pittman on 12/16/2021) (twd) (Entered: 12/16/2021)
12/16/2021MOTION for Extension of Time to File Response/Reply to 129 Response/Objection, 101 MOTION to Certify Class (Provisional) filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order) (Paoletta, Mark) (Entered: 12/16/2021)
12/14/2021APPEARANCE FORM FILED at USCA5 by Attorney(s) Joshua James Prince for party(s) Appellant Genise Kincannon Appellant Kimberly Hamilton Appellant Debra Jennefer Thal Jonas Appellant David Castillo Appellant David Sambrano Appellant Seth Turnbough, in case 21-11159. Access to the EROA has been granted. (tle) (Entered: 12/14/2021)
12/13/2021Record on Appeal for USCA5 21-11159 (related to 116 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 4 Volume(s) electronic transcript, #122 Volume(s) or container(s) of trial or hearing original exhibits,.
PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle) (Entered: 12/13/2021)
12/10/2021Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 116 Notice of Appeal,,,,, filed by United Airlines, Inc.. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibits 1 - 16, # 2 Exhibits 17 - 32) (Matthews, Jordan) (Entered: 12/10/2021)
12/7/2021Appendix in Support filed by United Airlines, Inc. re 129 Response/Objection (Matthews, Jordan) (Entered: 12/07/2021)
12/7/2021RESPONSE filed by United Airlines, Inc. re: 101 MOTION to Certify Class (Provisional) (Matthews, Jordan) (Entered: 12/07/2021)
12/7/2021 ORDER GRANTING in part Plaintiffs' 123 Motion for Stay of District Court Proceedings: Plaintiffs must timely file their reply in support of their 101 Motion to Certify Class in accordance with the existing deadline; all other deadlines in this proceeding are STAYED pending resolution of the ongoing appeal. (Ordered by Judge Mark Pittman on 12/7/2021) (twd) (Entered: 12/07/2021)
12/7/2021REPLY filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano re: 123 MOTION to Stay District Court Proceedings (Field, Brian) (Entered: 12/07/2021)
12/7/2021RESPONSE filed by United Airlines, Inc. re: 123 MOTION to Stay District Court Proceedings (Matthews, Jordan) (Entered: 12/07/2021)
12/7/2021Transcript Order Form: transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Field, Brian) (Entered: 12/07/2021)
12/6/2021 ORDER re Plaintiffs' 123 Motion for Stay of District Court Proceedings: Because the Court concludes that further briefing would assist it in resolving the Motion, the Court ORDERS Defendant to file a response to the Motion that states Defendant's grounds for its opposition to the same, with a 5-page limit, by 12/8/2021 at 5:00 p.m. (Ordered by Judge Mark Pittman on 12/6/2021) (twd) (Entered: 12/06/2021)
12/6/2021 MOTION to Stay District Court Proceedings filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough with Brief/Memorandum in Support. (Field, Brian) (Entered: 12/06/2021)
12/3/2021Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 116 Notice of Appeal, filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. Exhibits are available for public inspection at the clerk's office. (Attachments: # 1 Exhibit(s) Pls Exs 1-32 combined) (Field, Brian) (Entered: 12/03/2021)
11/24/2021121ELECTRONIC ORDER finding as moot 113 Motion for Leave to File Surreply. (Ordered by Judge Mark Pittman on 11/24/2021) (chmb) (lcdlc) (Entered: 11/24/2021)
11/23/2021 ORDER: The Court DENIES Plaintiffs' Motion for Injunction Pending Appeal. ECF No. 118 . (Ordered by Judge Mark Pittman on 11/23/2021) (pef) (Entered: 11/23/2021)
11/23/2021Brief/Memorandum in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 118 MOTION for Injunction Pending Appeal (Field, Brian) (Entered: 11/23/2021)
11/23/2021 MOTION for Injunction Pending Appeal filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Field, Brian) (Entered: 11/23/2021)
11/22/2021USCA Case Number 21-11159 in U.S. Court of Appeals 5th Circuit for 116 Notice of Appeal, filed by Genise Kincannon, Kimberly Hamilton, Seth Turnbough, David Castillo, David Sambrano, Debra Jennefer Thal Jonas. (tle) (Entered: 11/22/2021)
11/19/2021 NOTICE OF INTERLOCUTORY APPEAL as to 103 Memorandum Opinion and Order,, Add and Terminate Parties, 115 Order on Motion for Reconsideration, 104 Memorandum Opinion and Order, to the Fifth Circuit by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. Filing fee $505, receipt number 0539-12401531. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Field, Brian) (Entered: 11/19/2021)
11/19/2021 ORDER: Plaintiffs' 105 Motion for Limited Reconsideration is DENIED. (Ordered by Judge Mark Pittman on 11/19/2021) (pef) (Entered: 11/19/2021)
11/18/2021RESPONSE filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano re: 113 Response/Objection (Attachments: # 1 Exhibit(s) E-mail) (Field, Brian) (Entered: 11/18/2021)
11/18/2021 OBJECTION TO NEW ARGUMENTS AND NEW EVIDENCE, AND IN THE ALTERNATIVE, MOTION FOR LEAVE TO FILE SUR-REPLY filed by United Airlines, Inc. re: 111 Reply (Attachments: # 1 Proposed Order) (Cawyer, Russell) Modified event and document title on 11/19/2021 (pef). (Entered: 11/18/2021)
11/17/2021Appendix in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano re 111 Reply (Field, Brian) (Entered: 11/17/2021)
11/17/2021REPLY filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano re: 105 MOTION for Reconsideration re 104 Memorandum Opinion and Order, (Field, Brian) (Entered: 11/17/2021)
11/15/2021Appendix in Support filed by United Airlines, Inc. re 109 Response/Objection (Matthews, Jordan) (Entered: 11/15/2021)
11/15/2021RESPONSE filed by United Airlines, Inc. re: 105 MOTION for Reconsideration re 104 Memorandum Opinion and Order, (Matthews, Jordan) (Entered: 11/15/2021)
11/12/2021108ELECTRONIC ORDER granting 107 Joint Motion to Extend Deadlines. (Ordered by Judge Mark Pittman on 11/12/2021) (chmb) (lcdlc) (Entered: 11/12/2021)
11/12/2021Joint MOTION to Extend Time filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano (Field, Brian) (Entered: 11/12/2021)
11/12/2021 ORDER: Because the Court concludes that further briefing would assist it in resolving the 105 Motion, the Court ORDERS Defendant to file a response brief addressing the arguments raised in the Motion, with a 7-page limit, by November 15, 2021, at 5:00 p.m. Further, the Court ORDERS Plaintiffs to file a reply brief, with a 5-page limit, by November 17, 2021, at 12:00 p.m. (Ordered by Judge Mark Pittman on 11/12/2021) (pef) (Entered: 11/12/2021)
11/11/2021 MOTION for Reconsideration re 104 Memorandum Opinion and Order, filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano with Brief/Memorandum in Support. (Field, Brian) (Entered: 11/11/2021)
11/8/2021OPINION & ORDER: Bound by precedent, the Court concludes that Plaintiffs have not clearly carried their burden to show they would likely suffer imminent, irreparable injury absent an injunction. The Court thus DENIES Plaintiffs' 5 Motion for Preliminary Injunction. (Ordered by Judge Mark Pittman on 11/8/2021) (pef) (Main Document 104 replaced on 11/9/2021) (bdb). (Entered: 11/08/2021)
11/8/2021OPINION & ORDER: For the foregoing reasons, the Court concludes that Defendant's 47 Partial Motion to Dismiss is GRANTED in part and DENIED in part. It is accordingly ORDERED that Plaintiff Seth Turnbough's claims are DISMISSED without prejudice. The remainder of United's Motion is DENIED. (Ordered by Judge Mark Pittman on 11/8/2021) (twd) (Entered: 11/08/2021)
11/2/2021NOTICE of Supplemental Joint Mediation Report re: 81 Order Setting Deadline/Hearing, 98 Settlement Conference Report filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Wiegand, Robert) (Entered: 11/02/2021)
11/1/2021 MOTION to Certify Class (Provisional) filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough with Brief/Memorandum in Support. (Field, Brian) (Entered: 11/01/2021)
11/1/2021***Clerk's Notice of delivery: (see NEF for details) Docket No:100. Mon Nov 1 16:59:16 CDT 2021 (crt) (Entered: 11/01/2021)
11/1/2021ORDER STRIKING AND UNFILING DOCUMENT 99 Notice (Other) filed by United Airlines, Inc. due to the following deficiency: Defendant's filing, styled as Advice to the Court, is improper. If Defendant seeks to supplement its briefing on any pending motions, it must first seek leave of Court. See LR 56.7. (Ordered by Judge Mark Pittman on 11/1/2021) (pef) (Entered: 11/01/2021)
11/1/2021***STRICKEN AND UNFILED PER 100 ORDER*** NOTICE of Advice to the Court filed by United Airlines, Inc. (Attachments: # 1 Exhibit(s) A) (Matthews, Jordan) Modified on 11/1/2021 (pef). (Entered: 11/01/2021)
10/29/2021 SETTLEMENT CONFERENCE REPORT filed by United Airlines, Inc.. (Cawyer, Russell) (Entered: 10/29/2021)
10/28/2021REPLY filed by United Airlines, Inc. re: 94 Notice (Other) (Attachments: # 1 Exhibit(s) A) (Maugeri, Alexander) (Entered: 10/28/2021)
10/27/2021***Clerk's Notice of delivery: (see NEF for details) Docket No:95. Wed Oct 27 11:05:39 CDT 2021 (crt) (Entered: 10/27/2021)
10/26/2021RESPONSE filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re: 94 Notice (Other) (Attachments: # 1 Exhibit(s)) (Wiegand, Robert) (Entered: 10/26/2021)
10/25/2021ORDER EXTENDING TEMPORARY RESTRAINING ORDER: The Court concludes that Plaintiffs' 82 Motion to Extend Temporary Restraining Order should be and is GRANTED. It is ORDERED that the 66 Temporary Restraining Order issued by the Court on 10/12/2021, as clarified on 10/18/2021 (ECF No. 72 ), is EXTENDED for the first time for a period of 14 days. The Temporary Restraining Order will expire on Monday, 11/08/2021, at 4:00 p.m. See FED. R. CIV. P. 65(b)(2). (Ordered by Judge Mark Pittman on 10/25/2021) (twd) (Entered: 10/25/2021)
10/25/2021NOTICE of Defendant's Advice to the Court Regarding Temporary Unpaid Leave filed by United Airlines, Inc. (Attachments: # 1 Exhibit(s) A) (Matthews, Jordan) (Entered: 10/25/2021)
10/25/2021Notice of Filing of Official Electronic Transcript of Volume 3 - Preliminary Injunction Proceedings held on October 14, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (118 pages) Redaction Request due 11/15/2021. Redacted Transcript Deadline set for 11/26/2021. Release of Transcript Restriction set for 1/24/2022. (mwg) (Entered: 10/25/2021)
10/25/2021Notice of Filing of Official Electronic Transcript of Volume 2 - Preliminary Injunction Proceedings held on October 13, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (292 pages) Redaction Request due 11/15/2021. Redacted Transcript Deadline set for 11/26/2021. Release of Transcript Restriction set for 1/24/2022. (mwg) (Entered: 10/25/2021)
10/25/2021Notice of Filing of Official Electronic Transcript of Volume 1 - Master Index - Preliminary Injunction Proceedings held on October 13-14, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (9 pages) Redaction Request due 11/15/2021. Redacted Transcript Deadline set for 11/26/2021. Release of Transcript Restriction set for 1/24/2022. (mwg) (Entered: 10/25/2021)
10/25/2021Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on October 13, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (45 pages) Redaction Request due 11/15/2021. Redacted Transcript Deadline set for 11/26/2021. Release of Transcript Restriction set for 1/24/2022. (mwg) (Entered: 10/25/2021)
10/23/2021REPLY filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re: 82 MOTION to Extend 66 Temporary Restraining Order (Attachments: # 1 Exhibit(s)) (Wiegand, Robert) (Entered: 10/23/2021)
10/22/2021Appendix in Support filed by United Airlines, Inc. re 87 Response/Objection (Matthews, Jordan) (Entered: 10/22/2021)
10/22/2021RESPONSE filed by United Airlines, Inc. re: 82 MOTION to Extend 66 Temporary Restraining Order (Matthews, Jordan) (Entered: 10/22/2021)
10/21/2021Brief/Memorandum in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 82 MOTION to Extend Temporary Restraining Order (Wiegand, Robert) Modified text on 10/21/2021 (rekc). (Entered: 10/21/2021)
10/21/2021 MOTION to Extend 66 Temporary Restraining Order filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Wiegand, Robert) Modified on 10/21/2021 (rekc). (Entered: 10/21/2021)
10/20/2021***Clerk's Notice of delivery: (see NEF for details) Docket No:81. Wed Oct 20 12:04:35 CDT 2021 (crt) (Entered: 10/20/2021)
10/20/2021MEDIATION ORDER: The Court REFERS this case for mediation and APPOINTS Hon. Kent Hance, Chancellor-Emeritus, as Lead Mediator and Hon. Royal Furgeson (Ret.), Dean-Emeritus, as Local Mediator. Counsel for the parties are ORDERED to attend an initial, in-person mediation on or before October 26, 2021, at a time and location to be determined by the Lead Mediator. The parties are ORDERED to contact the office of Chancellor Hance by October 22, 2021, at 12:00 p.m. The parties are further ORDERED to submit Preliminary Mediation Reports to Chancellor Hance by October 25, 2021, at 12:00 p.m. Finally, no later than October 29, 2021, at 12:00 p.m., the parties are ORDERED to file a Joint Mediation Report. (Ordered by Judge Mark Pittman on 10/20/2021) (pef) (Entered: 10/20/2021)
10/19/2021Appendix in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 79 Brief/Memorandum in Support of Motion, APPENDIX SUPPORTING PLAINTIFFS SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Wiegand, Robert) (Entered: 10/19/2021)
10/19/2021Brief/Memorandum in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 5 MOTION for Temporary Restraining Order MOTION for Injunction PLAINTIFFS SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Wiegand, Robert) (Entered: 10/19/2021)
10/19/2021Appendix in Support filed by United Airlines, Inc. re 77 Response/Objection (Matthews, Jordan) (Entered: 10/19/2021)
10/19/2021POST-HEARING BRIEF/RESPONSE filed by United Airlines, Inc. re: 5 MOTION for Temporary Restraining Order MOTION for Injunction (Matthews, Jordan) Modified document title on 10/20/2021 (pef). (Entered: 10/19/2021)
10/18/2021Appendix in Support filed by United Airlines, Inc. re 73 Exhibit List (Attachments: # 1 Exhibit(s) 1 - 16, # 2 Exhibit(s) 17 - 32) (Matthews, Jordan) (Entered: 10/18/2021)
10/18/2021Appendix in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 73 Exhibit List Plaintiffs' Appendix Supporting Joint List of Exhibits Admitted During the Preliminary Injunction Hearing (Wiegand, Robert) (Entered: 10/18/2021)
10/18/2021RESPONSE filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re: 69 Notice (Other) (Wiegand, Robert) (Entered: 10/18/2021)
10/18/2021Exhibit List Joint List of Exhibits Admitted During the Preliminary Injunction Hearing by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. (Wiegand, Robert) (Entered: 10/18/2021)
10/18/2021 ORDER: The Court concludes that Defendant's Motion should be and is GRANTED in part. ECF No. 70 . Accordingly, it is ORDERED that the above-quoted language from the second operative paragraph of the Temporary Restraining Order applies only to those individuals who submitted accommodation requests to Defendant on or before September 23, 2021, and that Defendant is not required to reopen its accommodation review process to consider requests made by individuals on or after September 24, 2021. All other relief requested in Defendant's Motion is DENIED. ECF No. 70 . (Ordered by Judge Mark Pittman on 10/18/2021) (pef) (Entered: 10/18/2021)
10/17/2021Appendix in Support filed by United Airlines, Inc. re 70 MOTION to Clarify or Modify the Temporary Restraining Order (Matthews, Jordan) (Entered: 10/17/2021)
10/17/2021MOTION to Clarify or Modify the Temporary Restraining Order filed by United Airlines, Inc. with Brief/Memorandum in Support. (Matthews, Jordan) (Entered: 10/17/2021)
10/15/2021NOTICE of Advice to the Court filed by United Airlines, Inc. (Attachments: # 1 Exhibit(s) A) (Matthews, Jordan) (Entered: 10/15/2021)
10/15/2021 ORDER: The Court ORDERS Plaintiffs and Defendant to file briefing to address the issues presented by regulations and collective bargaining agreements that are most germane to the Court's analysis of the 5 Motion, with a 15-page limit, by October 19, 2021 at 11:59 p.m. (Ordered by Judge Mark Pittman on 10/15/2021) (pef) (Entered: 10/15/2021)
10/14/202186 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Evidentiary Hearing Day 2 held on 10/14/2021. Attorney Appearances: Plaintiff - Gene Schaerr, Robert Wiegand, Brian Field, John Sullivan; Defense - Donald Munro, Russell Cawyer. (Court Reporter: Monica Guzman) (Exhibits admitted - Continued from previous day. Plaintiff's Binder includes Exhibits 1-31, Defendant's Binder includes Exhibits 1-32) Time in Court - 2:37. (chmb) (Entered: 10/22/2021)
10/13/202185 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Evidentiary Hearing Day 1 held on 10/13/2021. Attorney Appearances: Plaintiff - Gene Schaerr, Robert Wiegand, Brian Field, Joshua Prince; Defense - Donald Munro, Russell Cawyer, Jordan Matthews. (Court Reporter: Monica Guzman) (Plaintiff's Exhibits 1-31 admitted, Defendant's Exhibits 1-32 admitted) Time in Court - 6:05. (chmb) (Entered: 10/22/2021)
10/13/202184 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 10/13/2021 re 47 Motion to Dismiss/Lack of Jurisdiction filed by United Airlines, Inc. Attorney Appearances: Plaintiff - Gene Schaerr; Defense - Hashim Mooppan. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - 1:05. (chmb) (Entered: 10/22/2021)
10/12/2021AMENDED COMPLAINT WITH JURY DEMAND AMENDED CLASS ACTION COMPLAINT against United Airlines, Inc. filed by David Sambrano, Debra Jennefer Thal Jonas, Seth Turnbough, Genise Kincannon, Kimberly Hamilton, David Castillo. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Wiegand, Robert) Modified docket text on 10/17/2021 (bdb). (Entered: 10/12/2021)
10/12/2021TEMPORARY RESTRAINING ORDER: The Court thus concludes that Plaintiffs' Motion for Temporary Restraining Order (ECF No. 5 ) is GRANTED in part. It is, therefore, ORDERED that, for the duration of this Temporary Restraining Order, United Airlines, Inc. is TEMPORARILY RESTRAINED and ENJOINED from placing any employee on unpaid leave if that employee was granted either a religious or medical exemption from United Airlines, Inc.'s COVID-19 vaccine mandate. It is further ORDERED that United Airlines, Inc. is TEMPORARILY RESTRAINED and ENJOINED from denying any requests for religious or medical accommodations from United Airlines, Inc.'s COVID-19 vaccine mandate due to timeliness. This Temporary Restraining Order will expire on October 26, 2021. Plaintiffs' bond for this Temporary Restraining Order is fixed at the amount of $5,000.00. The Court will hold an evidentiary hearing on the Motion for Preliminary Injunction on October 13, 2021 at 9:30 a.m. (Ordered by Judge Mark Pittman on 10/12/2021) (pef) (Entered: 10/12/2021)
10/12/2021Exhibit List Supplement to Plaintiffs' Exhibit List by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. (Wiegand, Robert) (Entered: 10/12/2021)
10/12/2021RESPONSE TO DEFENDANT'S 41 TRIAL BRIEF AND SUPPLEMENTAL NOTICE REGARDING PLAINTIFFS' REQUEST FOR CLASS-WIDE RELIEF filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. (pef) (Entered: 10/12/2021)
10/12/2021 ORDER: Before the Court is Plaintiffs' Motion for Leave to File Response Brief, filed October 11, 2021. ECF No. 61 . Having considered the Motion, the Court finds that it should be and hereby is GRANTED. Therefore, the Clerk of the Court is INSTRUCTED to file Plaintiffs' Response Brief, attached to the Motion as Exhibit 1 (ECF No. 61 -1), as a separate docket entry. (Ordered by Judge Mark Pittman on 10/12/2021) (pef) (Entered: 10/12/2021)
10/11/202162ELECTRONIC ORDER granting 59 Application for Admission Pro Hac Vice of Hashim M. Mooppan. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 10/11/2021) (chmb) (lcdlc) (Entered: 10/11/2021)
10/11/2021 MOTION for Leave to File Response to Defendant's Trial Brief and Supplemental Notice Regarding Plaintiffs' Request for Class-Wide Relief filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order) (Wiegand, Robert) (Entered: 10/11/2021)
10/11/2021NOTICE of Intent to Call Expert Witness by Affidavit at Preliminary Injunction Hearing re: 54 Order Setting Deadline/Hearing,, filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Wiegand, Robert) (Entered: 10/11/2021)
10/11/2021Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Hashim M. Mooppan (Filing fee $100; Receipt number 0539-12290366) filed by United Airlines, Inc. (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Cawyer, Russell) (Entered: 10/11/2021)
10/11/2021REPLY filed by United Airlines, Inc. re: 47 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Jordan) (Entered: 10/11/2021)
10/11/2021Witness List by United Airlines, Inc.. (Matthews, Jordan) (Entered: 10/11/2021)
10/9/2021NOTICE of Supplemental Notice Regarding Plaintiffs' Request for Class-Wide Relief with Appendix in Support re: 41 Response/Objection filed by United Airlines, Inc. (Attachments: # 1 Exhibit(s)) (Matthews, Jordan) Modified document title on 10/13/2021 (pef). (Entered: 10/09/2021)
10/8/2021 RESPONSE AND OBJECTION filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re: 47 MOTION to Dismiss for Lack of Jurisdiction (Wiegand, Robert) (Entered: 10/08/2021)
10/8/2021 ORDER: The Court concludes that Plaintiffs' Motion for Continuance (ECF No. 50 ) should be and is DENIED. Further, based on the arguments presented at the hearing, the Court ORDERS Plaintiffs to submit a filing by October 11, 2021, at 3:00 p.m. that states whether Plaintiffs will offer expert testimony from Dr. Bhattacharya and Mr. Bates via affidavit or declaration, or whether Plaintiffs will offer live expert testimony at the October 13, 2021, hearing. (Ordered by Judge Mark Pittman on 10/8/2021) (pef) (Entered: 10/08/2021)
10/8/202153 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Telephone Conference held on 10/8/2021. Attorney Appearances: Plaintiff - Robert Wiegand, Melissa Swindle, John Sullivan, Brian Field; Defense - Donald Munro, Russell Cawyer. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - :10. (chmb) (Entered: 10/08/2021)
10/8/2021RESPONSE filed by United Airlines, Inc. re: 50 MOTION to Continue of Preliminary Injunction Hearing and Request for Telephonic Hearing (Attachments: # 1 Proposed Order) (Cawyer, Russell) (Entered: 10/08/2021)
10/8/2021Appendix in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 50 MOTION to Continue of Preliminary Injunction Hearing and Request for Telephonic Hearing (Wiegand, Robert) (Entered: 10/08/2021)
10/8/2021 MOTION to Continue of Preliminary Injunction Hearing and Request for Telephonic Hearing filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough with Brief/Memorandum in Support. (Wiegand, Robert) (Entered: 10/08/2021)
10/7/2021ORDER: The Court ORDERS Plaintiffs to file expedited briefing in response to Defendant's 47 Motion to Dismiss by October 8, 2021 at 5:00 p.m. (CDT), with a 15-page limit. Defendant may file a brief in reply no later than October 11, 2021 at 12:00 p.m. (CST) with a 7-page limit. It is further ORDERED that the Court will hold a hearing on Defendant's Motion to Dismiss on October 13, 2021 at 8:30 a.m. (CDT), in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. Further, the Court CANCELS the hearing on Plaintiff's Motion (ECF No. 5 ) that was previously scheduled for October 8, 2021 and RESETS this evidentiary hearing for October 13, 2021 at 9:30 a.m. in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Mark Pittman on 10/7/2021) (pef) (Entered: 10/07/2021)
10/7/2021Appendix in Support filed by United Airlines, Inc. re 47 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Jordan) (Entered: 10/07/2021)
10/7/2021 MOTION to Dismiss for Lack of Jurisdiction filed by United Airlines, Inc. with Brief/Memorandum in Support. (Matthews, Jordan) (Entered: 10/07/2021)
10/7/2021SUPPLEMENTAL TECHNOLOGY DISCLOSURE by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough as to 45 Witness List, 44 Exhibit List . (Wiegand, Robert) Modified document title on 10/8/2021 (pef). (Entered: 10/07/2021)
10/6/2021Witness List by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. (Wiegand, Robert) (Entered: 10/06/2021)
10/6/2021Exhibit List Plaintiffs' Exhibit List by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. (Wiegand, Robert) (Entered: 10/06/2021)
10/6/2021WITNESS AND EXHIBIT LIST by United Airlines, Inc.. (Matthews, Jordan) Modified document title on 10/7/2021 (pef). (Entered: 10/06/2021)
10/5/2021Appendix in Support filed by United Airlines, Inc. re 41 Response/Objection (Matthews, Jordan) (Entered: 10/05/2021)
10/5/2021SUPPLEMENTAL BRIEF IN OPPOSITION filed by United Airlines, Inc. re: 5 MOTION for Temporary Restraining Order MOTION for Injunction (Matthews, Jordan) Modified document title on 10/6/2021 (pef). (Entered: 10/05/2021)
10/5/202140ELECTRONIC ORDER granting 39 Application for Admission Pro Hac Vice of Alexander V. Maugeri. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 10/5/2021)(chmb)(lcdlc) (Entered: 10/05/2021)
10/5/2021Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Alexander V. Maugeri (Filing fee $100; Receipt number 0539-12277054) filed by United Airlines, Inc. (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Cawyer, Russell) (Entered: 10/05/2021)
10/1/2021Appendix in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 37 Brief/Memorandum in Support of Motion, Supplemental Appendix Supporting Plaintiffs' Trial Brief In Support of Motion for Preliminary Injunction (Wiegand, Robert) (Entered: 10/01/2021)
10/1/2021Brief/Memorandum in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 5 MOTION for Temporary Restraining Order MOTION for Injunction Plaintiffs' Trial Brief in Support of Motion for Preliminary Injunction (Wiegand, Robert) (Entered: 10/01/2021)
9/30/202136 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Telephone Conference held on 9/30/2021. Attorney Appearances: Plaintiff - Robert Wiegand; Defense - Donald Munro. (Court Reporter: Not Recorded) (No exhibits) Time in Court - :7. (chmb) (Entered: 09/30/2021)
9/30/2021 ORDER: The parties are notified that the Fourth Floor Courtroom is equipped with limited technology. Therefore, the parties are responsible for testing and setting up any technology they may wish to utilize at the October 8, 2021 hearing. The parties are directed to provide a list of technological devices that will be used to present evidence at the October 8, 2021 hearing. This list should be included along with the exhibit and witness list that the parties exchange and file by October 6, 2021. No witnesses are permitted to testify virtually/remotely at the October 8, 2021 hearing. (Ordered by Judge Mark Pittman on 9/30/2021) (pef) (Entered: 09/30/2021)
9/28/202134ELECTRONIC ORDER granting 33 Application for Admission Pro Hac Vice of Joshua J. Prince. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f). (Ordered by Judge Mark Pittman on 9/28/2021) (chmb) (lcdlc). (Entered: 09/28/2021)
9/27/2021Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12254616) filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order)Attorney Joshua James Prince added to party David Castillo(pty:pla), Attorney Joshua James Prince added to party Kimberly Hamilton(pty:pla), Attorney Joshua James Prince added to party Debra Jennefer Thal Jonas(pty:pla), Attorney Joshua James Prince added to party Genise Kincannon(pty:pla), Attorney Joshua James Prince added to party David Sambrano(pty:pla), Attorney Joshua James Prince added to party Seth Turnbough(pty:pla) (Prince, Joshua) (Entered: 09/27/2021)
9/27/2021 ORDER: In accordance with the Joint Report filed by the parties (ECF No. 31 ), the Court ORDERS the following: Plaintiffs will file a supplemental opening brief by October 1, 2021 limited to 25 pages. Defendant will file its response to the supplemental opening brief by October 5, 2021 limited to 20 pages. (See order for further specifics) (Ordered by Judge Mark Pittman on 9/27/2021) (pef) (Entered: 09/27/2021)
9/27/2021Joint STATUS REPORT with proposed Briefing Schedule filed by United Airlines, Inc.. (Cawyer, Russell) (Entered: 09/27/2021)
9/24/2021 Notice of Hearing: Evidentiary Hearing set for 10/8/2021 09:00 AM in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Mark Pittman. Set per 28 ORDER and DJ chambers. (pef) (Entered: 09/28/2021)
9/24/202130 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Evidentiary Hearing held on 9/24/2021. Attorney Appearances: Plaintiff - John Sullivan, Gene Schaerr, Melissa Swindle, Brian Field, Robert Wiegand; Defense - Donald Munro, Jordan Matthews, Russell Cawyer. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - :23. (chmb) (Entered: 09/27/2021)
9/24/2021 Notice of Hearing: Evidentiary Hearing set for 10/8/2021 09:00 AM in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Mark Pittman. Set per 28 ORDER. (pef) (Entered: 09/24/2021)
9/24/202128ELECTRONIC ORDER deferring ruling on Motion for Temporary Restraining Order and Motion for Preliminary Injunction (ECF No. 5). On September 24, 2021, the Court held a hearing on the motions for injunctive relief. At this hearing, the parties read a stipulated agreement into the record. It is ORDERED that the Court will hold an evidentiary hearing on the Motion for Preliminary Injunction on October 8, 2021, at 9:00 a.m., in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. The parties are further ORDERED to submit a joint report with a proposed briefing schedule for this hearing by September 27, 2021 at 5:00 p.m. (Ordered by Judge Mark Pittman on 9/24/2021) (chmb) (lcdlc) (Entered: 09/24/2021)
9/24/2021NOTICE of Filing Amended Exhibit re: 25 Appendix in Support filed by United Airlines, Inc. (Attachments: # 1 Exhibit(s) Amended Exhibit E) (Matthews, Jordan) (Entered: 09/24/2021)
9/23/202129 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Telephone Conference held on 9/23/2021. Attorney Appearances: Plaintiff - Robert Wiegand, Melissa Swindle, John Sullivan, Mark Paoletta, Gene Schaerr; Defense - Russell Cawyer. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :8. (chmb) (Entered: 09/27/2021)
9/23/2021SUMMONS Returned Executed as to United Airlines, Inc. ; served on 9/23/2021. (Wiegand, Robert) (Entered: 09/23/2021)
9/23/2021Appendix in Support filed by United Airlines, Inc. re 24 Response/Objection (Matthews, Jordan) (Entered: 09/23/2021)
9/23/2021BRIEF IN OPPOSITION filed by United Airlines, Inc. re: 5 MOTION for Temporary Restraining Order MOTION for Injunction (Matthews, Jordan) Modified document title on 9/24/2021 (pef). (Entered: 09/23/2021)
9/23/2021ORDER: Before the Court are several applications for admission pro hac vice in this proceeding. On September 22, 2021, the following attorneys sought admission pro hac vice on behalf of Plaintiffs: Mark R. Paoletta (ECF No. 17 ), Gene C. Schaerr (ECF No. 18 ), Kenneth A. Klukowski (ECF No. 19 ), Brian J. Field (ECF No. 20 ), and Annika M. Boone (ECF No. 21 ). Similarly, on September 23, 2021, Jordan M. Matthews sought admission pro hac vice (ECF No. 22 ) on behalf of Defendant. Having considered these applications, the Court finds each request for admission pro hac vice (ECF Nos. 17 - 22 ) is GRANTED. (Ordered by Judge Mark Pittman on 9/23/2021) (pef) (Entered: 09/23/2021)
9/23/2021Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jordan M. Matthews (Filing fee $100; Receipt number 0539-12243040) filed by United Airlines, Inc. (Attachments: # 1 Exhibit(s) Good Standing Letter, # 2 Proposed Order) (Cawyer, Russell) (Entered: 09/23/2021)
9/22/2021Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12242361) filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order) (Boone, Annika) (Entered: 09/22/2021)
9/22/2021Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12242332) filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order) (Field, Brian) (Entered: 09/22/2021)
9/22/2021Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12242226) filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order) (Klukowski, Kenneth) (Entered: 09/22/2021)
9/22/2021Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12242171) filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order) (Schaerr, Gene) (Entered: 09/22/2021)
9/22/2021Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12242065) filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough (Attachments: # 1 Proposed Order) (Paoletta, Mark) (Entered: 09/22/2021)
9/22/2021Summons Reissued as to United Airlines, Inc. (pef) (Entered: 09/22/2021)
9/22/2021NOTICE of Attorney Appearance by Russell D Cawyer for Donald J. Munro on behalf of United Airlines, Inc.. (Cawyer, Russell) (Entered: 09/22/2021)
9/22/2021NOTICE of Attorney Appearance by Russell D Cawyer on behalf of United Airlines, Inc.. (Filer confirms contact info in ECF is current.) (Cawyer, Russell) (Entered: 09/22/2021)
9/22/2021Request for Clerk to issue Summons filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough. (Wiegand, Robert) (Entered: 09/22/2021)
9/22/2021CERTIFICATE OF SERVICE by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 10 Order Setting Deadline/Hearing,,, (Wiegand, Robert) (Entered: 09/22/2021)
9/22/2021CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United Airlines, Inc.. (Rogers, Vanessa) (Entered: 09/22/2021)
9/22/2021 ORDER: Before the Court is Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 5 ). Plaintiffs shall serve Defendants' counsel with a copy of this order and the said motion and any related briefing and appendices no later than September 22, 2021 at 1:00 p.m. It is hereby ORDERED that Defendant shall file a Response brief to Plaintiffs' Motion for Temporary Restraining Order on or before September 23, 2021 at 5:00 p.m. It is further ORDERED that an evidentiary hearing on Plaintiffs' Motion for Temporary Restraining Order will be held at 1:30 p.m. on Friday, September 24, 2021, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Mark Pittman on 9/22/2021) (pef) (Entered: 09/22/2021)
9/22/2021NOTICE of Attorney Appearance by Vanessa Nicole Rogers on behalf of United Airlines, Inc.. (Filer confirms contact info in ECF is current.) (Rogers, Vanessa) (Entered: 09/22/2021)
9/22/2021NOTICE of Attorney Appearance by Esteban Shardonofsky on behalf of United Airlines, Inc.. (Filer confirms contact info in ECF is current.) (Shardonofsky, Esteban) (Entered: 09/22/2021)
9/22/2021Appendix in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 5 MOTION for Temporary Restraining Order MOTION for Injunction (Wiegand, Robert) (Entered: 09/22/2021)
9/22/2021Brief/Memorandum in Support filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough re 5 MOTION for Temporary Restraining Order MOTION for Injunction (Wiegand, Robert) (Entered: 09/22/2021)
9/22/2021 MOTION for Temporary Restraining Order and MOTION for Injunction filed by David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, Seth Turnbough with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Wiegand, Robert) (Entered: 09/22/2021)
9/21/2021Summons Issued as to United Airlines, Inc. (pef) (Entered: 09/21/2021)
9/21/2021New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (pef) (Entered: 09/21/2021)
9/21/2021CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon, David Sambrano, David Castillo, Seth Turnbough. (Wiegand, Robert) Modified docket text on 9/21/2021 (pef). (Entered: 09/21/2021)
9/21/2021 COMPLAINT WITH JURY DEMAND against United Airlines, Inc. filed by David Sambrano, Debra Jennefer Thal Jonas, Seth Turnbough, Genise Kincannon, David Castillo, Kimberly Hamilton. (Filing fee $402; Receipt number 0539-12237815) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Wiegand, Robert) Modified docket text on 9/21/2021 (pef). Modified docket text on 9/22/2021 (pef). (Entered: 09/21/2021)