Case: Hall v. White

COMPLAINT with jury demand thereon against Paul White and Phyllis Thomas (Filing fee $ 350, receipt number 200 234693) filed by Jennifer Hall.(AHI) (Entered: 03/16/2007)

Summons Issued by the clerk and delivered via certified mail as to Paul White. (AHI) (Entered: 03/16/2007)

Summons Issued by the clerk and delivered via certified mail as to Phyllis Thomas. (AHI) (Entered: 03/16/2007)

Request for service by certified mail filed by Jennifer Hall within the body of the complaint. (AHI)

SUMMONS Returned Executed Paul White served on 3/19/2007, answer due 4/9/2007. (AHI) (Entered: 03/22/2007)

MOTION for Leave to Appear Pro Hac Vice of Howard W. Foster and Matthew A. Galin by Jennifer Hall. (Stephens, J) (Entered: 03/27/2007)

MOTION for Leave to Appear Pro Hac Vice of Marshall Lawson by Jennifer Hall. (Stephens, J) (Entered: 03/27/2007)

PHV Fee paid: ($ 50.00, receipt number 200 234919 for Marshall Lawson) and ($100.00, receipt number 200 234920 for Howard Foster and Matthew Galin) (AHI) Modified on 3/29/2007 (AHI ).

ORDER granting 5 Motion for Leave to Appear, granting 6 Motion for Leave to Appear . Signed by Judge C. Lynwood Smith, Jr., on 3/29/2007. (DJC)

Summons Returned Unexecuted "UNCLAIMED" as to Phyllis Thomas. (AHI) (Entered: 04/10/2007)

WAIVER OF SERVICE Returned Executed by Jennifer Hall. Phyllis Thomas waiver sent on 4/23/2007, answer due 6/22/2007. (Miller, Rodney) (Entered: 04/27/2007)

MOTION to Dismiss Under Rule 12(b)(6) and Brief in Support by Paul White, Phyllis Thomas. (Franklin, Samuel) (Entered: 05/07/2007)

MOTION for Leave to Appear Pro Hac Vice by Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit Certificate of Good Standing)(Taylor, Mark) (Entered: 05/08/2007)

MOTION for Leave to Appear Pro Hac Vice by Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bailey, Clayton) (Entered: 05/08/2007)

ORDER setting motion deadline for 9 Motion to Dismiss. Plaintiff is ORDERED to respond on or before Friday, May 25, 2007. Signed by Judge C Lynwood Smith Jr on 5/8/2007. (DJC)

ORDER that Howard W. Foster and Matthew A. Galin shall register with the Northern District of Alabama for access to the CM/ECF system; failure to do so within 10 days of the entry of this order could result in their denial of further participation in this case. Signed by Judge C Lynwood Smith Jr on 5/9/2007. (AHI) (Entered: 05/09/2007)

PHV Fee paid for Mark Taylor and Clayton Bailey $ 100.00, receipt number 200 236313 (MNH)

ORDER granting 10 Motion for Leave to Appear, and granting 11 Motion for Leave to Appear . Signed by Judge C Lynwood Smith Jr on 5/10/2007. (DJC)

RESPONSE to 9 MOTION to Dismiss Under Rule 12(b)(6) and Brief in Support filed by Jennifer Hall. (Foster, Howard) Modified on 5/24/2007 (AHI). (Entered: 05/24/2007)

NOTICE of Appearance by Haley A Andrews on behalf of Paul White, Phyllis Thomas (Andrews, Haley) (Entered: 05/24/2007)

MOTION for Leave to File by Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit A Declaration of Paul White# 2 Exhibit B Declaration of Phyllis Thomas# 3 Exhibit C Declaration of Sheila Walter# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit 1 part one Motion for Summary Judgment and Brief# 8 Exhibit 1 Part 2 Motion for Summary Judgment and Brief# 9 Exhibit A part 1)(DEEMED FILED 5/25/2007)(AHI) (Entered: 05/30/2007)

First MOTION to Substitute Evidentiary Material (Unopposed) by Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit F)(Andrews, Haley) (Entered: 05/30/2007) (Entered: 05/30/2007)

First MOTION for Leave to File a Reply Brief Supporting Their Motion to Dismiss (Unopposed) by Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit A)(Andrews, Haley) (Entered: 05/30/2007) (Entered: 05/30/2007)

MOTION for Summary Judgment by Paul White and Phyllis Thomas. (Attachments: # 1 Motion for Summary Judgment Part 2# 2 Exhibit A# 3 Exhibit A Part 2# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F)(AHI) (Entered: 05/31/2007)

ORDER granting 15 Motion for Leave to File . Signed by Judge C Lynwood Smith Jr on 5/31/2007. (DJC)

ORDER granting 16 Motion to Substitute Exhibit, and 17 Motion for Leave to File Reply. Signed by Judge C Lynwood Smith Jr on 5/31/2007. (DJC)

ORDER setting motion deadline for 18 Motion for Summary Judgment. Plaintiff is ORDERED to respond to the motion on or before June 20, 2007. Defendants are ORDERED to file a reply on or before July 2, 2007. Signed by Judge C Lynwood Smith Jr on 5/31/2007. (DJC)

REPLY to /in Support of Their Motion to Dismiss Under Rule 12(B)(6) filed by Paul White, Phyllis Thomas. (Andrews, Haley) (Entered: 06/05/2007)

MOTION for Leave to File Sur-Reply by Jennifer Hall. (Attachments: # 1 Supplement Proposed Sur-Reply)(Foster, Howard) (Entered: 06/07/2007)

Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Complaint filed by Jennifer Hall. (AHI ) (Entered: 06/08/2007)

ORDER granting 20 Motion for Leave to File Sur-Response. The Clerk is directed to detact the brief that is appended to the motion and file it as a separate document. Signed by Judge C Lynwood Smith Jr on 6/8/2007. (DJC)

First MOTION to Stay Rule 26 and Discovery Obligations Until Resolution of Pending Motions by Paul White, Phyllis Thomas. (Andrews, Haley) (Entered: 06/12/2007)

RESPONSE in Opposition re 22 First MOTION to Stay Rule 26 and Discovery Obligations Until Resolution of Pending Motions filed by Jennifer Hall. (Foster, Howard) (Entered: 06/14/2007)

REPORT of Rule 26(f) Planning Meeting. (Foster, Howard) (Entered: 06/14/2007)

RESPONSE in Opposition re 18 MOTION for Summary Judgment filed by Jennifer Hall. (Attachments: # 1 Exhibit A)(Stephens, J) (Entered: 06/20/2007)

ORDER that defendants motion for summary judgment 18 is denied without prejudice but may be re-filed as more fully set out in order; dfts motion to stay 22 the case pending resolution of dispositive motions is granted, insofar as it requests a stay until the court issues a ruling on the motion to dismiss; it is accordingly ordered that the case is stayed pending further directions from the court. Signed by Judge C Lynwood Smith Jr on 06/22/07. (SPT, ) (Entered: 06/22/2007)

MOTION for Discovery to Modify Stay by Jennifer Hall. (Attachments: # 1 Exhibit A)(Foster, Howard) (Entered: 01/18/2008)

Statement of Facts re Motion to Permit Discovery by Jennifer Hall. (Foster, Howard) (Entered: 01/18/2008)

ORDER setting motion deadline for 27 Motion for Discovery. Defendants are ORDERED to respond to the motion on or before January 22, 2008. In the meantime, the court notes that plaintiff's motion discusses an apparently sealed affidavit filed in connection with a criminal complaint, and also attaches that affidavit to the motion. The court is not aware of how plaintiff came upon this affidavit, but openly disclosing the contents thereof in the public domain could jeopardize ongoing investigations. Accordingly, the Clerk is DIRECTED to seal the motion and attachment forthwith. Signed by Judge C Lynwood Smith Jr on 1/18/2008. (DJC)

ORDER that the Clerk is directed to unseal Doc. no. 27. Signed by Judge C Lynwood Smith Jr on 1/18/2008. (DJC)

RESPONSE to Motion re 27 MOTION for Discovery to Modify Stay of Discovery filed by Paul White, Phyllis Thomas. (Attachments: # 1 Text of Proposed Order)(Andrews, Haley) (Entered: 01/22/2008)

ORDER, Oral Argument on defendants' motion to dismiss is set for 2/12/2008, at 10:30 AM, United States Courthouse, 101 Holmes Avenue, Huntsville, AL, as more fully set out in order. Signed by Judge C Lynwood Smith Jr on 2/5/2008. (AHI, ) (Entered: 02/05/2008)

Minute Entry for proceedings held before Judge C Lynwood Smith Jr: Oral argument on defendant's motion to dismiss. motion taken under advisement; daily adj (Court Reporter Christina Decker.) (LCW)

MEMORANDUM OPINION. Signed by Judge C Lynwood Smith Jr on 3/11/2008. (AHI)

ORDER Defendants' 9 Motion to Dismiss is DENIED; Plaintiff is ORDERED to file an amended complaint by 3/21/2008, Plaintiff's 27 Motion for a Modification of the Stay is GRANTED, as more fully set out in order. Signed by Judge C Lynwood Smith Jr on 3/11/2008. (AHI) (Entered: 03/11/2008)

AMENDED COMPLAINT against Paul White, Phyllis Thomas, filed by Jennifer Hall.(Foster, Howard) (Entered: 03/20/2008)

ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS as more fully set out in order. Signed by Judge C Lynwood Smith Jr on 03/24/08. (SPT, ) (Entered: 03/24/2008)

****VACATED BY 46 ORDER ISSUED 4/9/2008**** SCHEDULING ORDER: Discovery due by 5/30/2008 and Dispositive Motions due by 6/30/2008 as more fully set out in order. Signed by Judge C Lynwood Smith Jr on 03/24/08. (SPT ) Modified on 4/9/2008 (AHI). (Entered: 03/24/2008)

MOTION for Leave to Appear Pro Hac Vice of James C. Wyly by Jennifer Hall. (Stephens, J) (Entered: 03/27/2008)

MOTION for Leave to Appear Pro Hac Vice of Jeremy Y. Hutchinson by Jennifer Hall. (Stephens, J) (Entered: 03/27/2008)

MOTION for Leave to Appear Pro Hac Vice of Jack T. Patterson by Jennifer Hall. (Stephens, J) (Entered: 03/27/2008)

MOTION for Leave to Appear Pro Hac Vice of Sean F. Rommel by Jennifer Hall. (Stephens, J) (Entered: 03/27/2008)

MOTION for Extension of Time to File Answer to First Amended Complaint (Unopposed) by Paul White, Phyllis Thomas. (Andrews, Haley) (Entered: 03/27/2008)

ORDER granting 40 Unopposed Motion for Extension of Time to Answer. Paul White's answer is due no later than 4/8/2008; Phyllis Thomas's answer is due no later than 4/8/2008. Signed by Judge C Lynwood Smith Jr on 3/27/2008. (DJC)

PHV Fee paid: ($ 50.00, receipt number 200 245252) for Jack Patterson; ($50.00, receipt number 200 245253) for Sean Rommel; ($50.00, receipt number 200 245254) for James C. Wyly; and ($50.00, receipt number 200 245255) for Jeremy Hutchison. (AHI)

ORDER granting 36 Motion for Leave to Appear; 37 Motion for Leave to Appear; 38 Motion for Leave to Appear; and 39 Motion for Leave to Appear. Signed by Judge C Lynwood Smith Jr on 3/31/2008. (DJC)

MOTION for Extension of Time by Jennifer Hall. (Foster, Howard) (Entered: 04/01/2008)

RESPONSE to Plaintiff's Motion for Extension of Time for Expert Designation filed by Paul White, Phyllis Thomas. (Franklin, Samuel) (Entered: 04/01/2008)

REPORT of Rule 26(f) Planning Meeting. (Foster, Howard) (Entered: 04/02/2008)

Defendants' Original ANSWER to Amended Complaint (to Plaintiff's First Amended Complaint) by Paul White, Phyllis Thomas.(Taylor, Mark) (Entered: 04/08/2008)

MOTION for Leave to File Proposed Reply by Jennifer Hall. (Attachments: # 1 Supplement Proposed Reply)(Foster, Howard) (Entered: 04/08/2008)

REVISED SCHEDULING ORDER: Plaintiff's 41 Motion for Extension of Time is GRANTED; It is ORDERED that the previous 35 Scheduling Order entered in 3/24/2008, is VACATED and the following revised scheduling Order is substituted in its place: that certain time limits and deadlines apply as set out in this order; Discovery due by 6/30/2008; Dispositive Motions due by 7/31/2008; Plaintiff Expert Witness Disclosure is due by 5/21/2008; Defendant Expert Witness Disclosure is due by 6/6/2008; the parties' request for a conference with the court is DENIED, as more fully set out in order. Signed by Judge C Lynwood Smith Jr on 4/9/2008. (AHI) (Entered: 04/09/2008)

ORDER denying 45 Motion for Leave to File. Signed by Judge C Lynwood Smith Jr on 4/9/2008. (DJC)

MOTION for Protective Order Motion for Entry of Protective Order by Paul White, Phyllis Thomas. (Attachments: # 1 Attached Stipulated Protective Order)(Franklin, Samuel) (Entered: 04/25/2008)

STIPULATED PROTECTIVE ORDER. Signed by Judge C Lynwood Smith Jr on 4/25/2008. (AHI) (Entered: 04/25/2008)

AMENDED COMPLAINT SECOND against Paul White, Phyllis Thomas, filed by Jennifer Hall.(Foster, Howard) (Entered: 05/02/2008)

NOTICE by Paul White, Phyllis Thomas Notice of Service of Non-Party Subpoena (Franklin, Samuel) (Entered: 05/06/2008)

Defendants' ANSWER to Amended Complaint Defendants' Original Answer to Plaintiffs' Second Amended Complaint by Gloria Fisher, Paul White, Phyllis Thomas.(Franklin, Samuel) (Entered: 05/12/2008)

MOTION for Leave to Appear Pro Hac Vice by Gloria Fisher, Paul White, Phyllis Thomas. (Dougherty, Adam) (Entered: 05/13/2008)

NOTICE by Jennifer Hall Notice of Filing Attorney Work Records (Stephens, J) (Additional attachment(s) added on 5/21/2008 (AHI ). Modified on 5/21/2008 (AHI). (Entered: 05/15/2008)

NOTICE by Jennifer Hall Amended Notice of Filing Attorney Work Records (Stephens, J) (Additional attachment(s) added on 5/21/2008 (AHI, ). Modified on 5/21/2008 (AHI, ). (Entered: 05/15/2008)

PHV Fee paid: ($ 50.00, receipt number 200 246718) for Adam T. Daugherty (AHI)

ORDER granting 52 Motion for Leave to Appear. Signed by Judge C Lynwood Smith, Jr on 5/16/2008. (DJC)

MOTION for Extension of Time for Expert Designation by Jennifer Hall. (Stephens, J) (Entered: 05/20/2008)

RESPONSE in Opposition re 55 MOTION for Extension of Time for Expert Designation filed by Gloria Fisher, Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Taylor, Mark) (Entered: 05/21/2008)

MOTION for Leave to File Reply by Jennifer Hall. (Attachments: # 1 Supplement)(Foster, Howard) (Entered: 05/21/2008)

Plaintiff's Reply Brief in Support of their Motion for Extension of Time for Expert Designation filed by Jennifer Hall. (AHI ) (Entered: 05/22/2008)

MOTION for Leave to File Proposed Sur-Reply in Support of Defendants' Response to Plaintiffs' Motion for Extension of Time for Expert Designation by Gloria Fisher, Paul White, Phyllis Thomas. (Andrews, Haley) (Entered: 05/22/2008)

ORDER granting 57 Motion for Leave to File. The Clerk is directed to detach the reply appended to the motion and file it as a separate document. Signed by Judge C Lynwood Smith, Jr on 5/22/2008. (DJC)

ORDER granting 55 Motion for Extension of time; it is, therefore, ordered that Paragraph 4 of the Revised Scheduling Order is amended as more fully set out in order. (SPT, ) (Entered: 05/23/2008)

ORDER granting 59 Motion for Leave to File Surreply. The motion is now under submission. No further briefing is allowed. Signed by Judge C Lynwood Smith, Jr on 5/23/2008. (DJC)

MOTION to Compel Identity of "John Doe" by Gloria Fisher, Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Taylor, Mark) (Entered: 05/30/2008)

ORDER setting motion deadline for 61 Motion to Compel. Plaintiffs are ordered to respond to the motion on or before June 9, 2008. Signed by Judge C Lynwood Smith, Jr on 6/2/2008. (DJC)

ACKNOWLEDGEMENT OF SERVICE Executed Proof of Service of Subpoena to Hispanic Labor Pool Acknowledgement filed by Jose Rocha, Jennifer Hall. (Stephens, J) (Entered: 06/09/2008)

MOTION to Withdraw 61 MOTION to Compel Identity of "John Doe" (Agreed Motion) by Gloria Fisher, Jose Rocha, Jennifer Hall, Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit A)(Taylor, Mark) (Entered: 06/09/2008)

ORDER granting 63 Motion to Withdraw, and finding as moot 61 Motion to Compel. Signed by Judge C Lynwood Smith, Jr on 6/10/2008. (DJC)

NOTICE by Jennifer Hall Notice of Filing Attorney Work Records (Stephens, J) (Additional attachment(s) added on 6/16/2008. Modified on 6/16/2008 (AHI). (Entered: 06/13/2008)

First MOTION for Limited Admission Robert J. Comfort by Jose Rocha, Jennifer Hall. (Stephens, J) (Entered: 06/13/2008)

First MOTION to Withdraw as Attorney by Jose Rocha, Jennifer Hall. (Lawson, Marshall) (Entered: 06/17/2008)

Joint MOTION Joint Motion to Modify the Revised Scheduling Order re 46 Scheduling Order,,, Terminate Motions,, 60 Order on Motion for Extension of Time by Paul White, Phyllis Thomas. (Franklin, Samuel) (Entered: 06/17/2008)

ORDER granting 66 Motion to Withdraw as Attorney. Attorney Marshall Lawson terminated. Signed by Judge C Lynwood Smith, Jr on 6/17/2008. (DJC)

MOTION for Leave to File First Amended Answer to Plaintiffs' Second Amended Complaint by Gloria Fisher, Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit A - Defendants' First Amended Answer to Plaintiffs' Second Amended Complaint, # 2 Exhibit B - Excerpts from Deposition Transcript of Jennifer Hall, # 3 Exhibit C - Excerpts of Deposition Transcript (Rough) of Jose Rocha)(Taylor, Mark) (Entered: 06/18/2008)

ORDER setting motion deadline for 68 Motion for Leave to File Amended Answer. Plaintiffs are ordered to respond to the motion on or before June 25, 2008. Signed by Judge C Lynwood Smith, Jr on 6/19/2008. (DJC)

ORDER 67 Joint Motion to Modify the Revised Scheduling Order is GRANTED and a FINAL revised scheduling order will be entered contemporaneously herewith. Signed by Judge C Lynwood Smith, Jr on 6/20/2008. (AHI) (Entered: 06/20/2008)

FINAL REVISED SCHEDULING ORDER: Discovery due by 8/8/2008; Dispositive Motions due by 8/29/2008; Expert Testimony: Plaintiff's Immigration Expert's report due by 7/8/2008; Defendant's Immigration Expert's report due by 7/22/2008; Plaintiff's Damages Expert's report due by 7/22/2008; Defendant's Damages Expert's report due by 8/5/2008; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 6/20/2008. (AHI) (Entered: 06/20/2008)

RESPONSE in Opposition re 68 MOTION for Leave to File First Amended Answer to Plaintiffs' Second Amended Complaint filed by Jose Rocha, Jennifer Hall. (Foster, Howard) (Entered: 06/25/2008)

STIPULATION by Gloria Fisher, Jose Rocha, Jennifer Hall, Paul White, Phyllis Thomas. (Foster, Howard) (Entered: 06/26/2008)

MOTION for Leave to File to File Proposed Reply in Support of the Motion for Leave to File Defendants' First Amended Answer by Gloria Fisher, Paul White, Phyllis Thomas. (Attachments: # 1 Exhibit)(Andrews, Haley) (Entered: 06/27/2008)

REPLY in Support of the Motion for Leave to File Defendants' First Amended Answer filed by Gloria Fisher, Paul White, Phyllis Thomas. (AHI) (Entered: 06/30/2008)

ORDER granting 73 Motion for Leave to File Reply. The clerk is directed to detach the reply brief appended to the motion and file it as a separate document. Signed by Judge C Lynwood Smith, Jr on 6/30/2008. (DJC)