| Date Filed | Doc # | Docket Text |
|
| 2011-05-20 | 1 | VERIFIED COMPLAINT ( Filing fee $ 350 receipt number 300008831), filed by Robert J. McCarthy.(da, ) (Entered: 05/20/2011) |
| 2011-05-20 | 2 | JS44 (Civil Cover Sheet) submitted by Robert J. McCarthy. (da, ) (Entered: 05/20/2011) |
| 2011-05-20 | 3 | Summons Issued as to United States Section International Boundary and Water Commission, U.S., Mexico. (da, ) (Entered: 05/20/2011) |
| 2011-05-20 | 4 | Summons Issued as to U.S. Attorney General, Washington, D.C.. (da, ) (Entered: 05/20/2011) |
| 2011-05-20 | 5 | Summons Issued as to U.S. Attorney, El Paso, Texas. (da, ) (Entered: 05/20/2011) |
| 2011-05-27 | 6 | NOTICE of Filing: Letter to Plaintiff Robert McCarthy from Defendant United States of America regarding service upon Defendant filed by United States Section International Boundary and Water Commission, U.S., Mexico. (mr, ) (Entered: 06/01/2011) |
| 2011-06-01 | 7 | NOTICE of Filing: Letter from Plaintiff Robert McCarthy responding to Defendant United States Section International Boundary and Water Commission, U.S., Mexico's letter regarding service filed by Robert J. McCarthy. (mr, ) (Entered: 06/01/2011) |
| 2011-06-03 | 8 | Letter from Robert J. McCarthy to Eduardo Castillo, Assistant U.S. Attorney regarding service of process. (mr, ) (Entered: 06/07/2011) |
| 2011-06-17 | 9 | SUMMONS Returned Executed by Robert J. McCarthy. United States Section International Boundary and Water Commission, U.S., Mexico by U.S. Attorney, San Antonio, TX served on 6/1/2011, answer due 8/1/2011. (mr, ) Modified on 6/20/2011 (mr, ). (Entered: 06/20/2011) |
| 2011-06-17 | 10 | SUMMONS Returned Executed by Robert J. McCarthy. United States Section International Boundary and Water Commission, U.S., Mexico by Attorney General, Washington, D.C. served on 5/27/2011, answer due 7/26/2011. (mr, ) (Entered: 06/20/2011) |
| 2011-06-17 | 11 | SUMMONS Returned Executed by Robert J. McCarthy. United States Section International Boundary and Water Commission, U.S., Mexico served at U.S.I.B.W.C., El Paso, TX on 5/23/2011, answer due 7/22/2011. (mr, ) (Entered: 06/20/2011) |
| 2011-06-17 | 12 | SUMMONS Returned Executed by Robert J. McCarthy. United States Sction International Boundary and Water Commission, U.S., Mexico served by U.S. Attorney, El Paso, TX, on 05/23/11, answer due 07/22/11. (mr, ) (Entered: 06/20/2011) |
| 2011-07-01 | 13 | Opposed MOTION for Protective Order Defendant's Opposed Motion for Protective Order by United States Section International Boundary and Water Commission, U.S., Mexico. (Attachments: # 1 Exhibit List, # 2 Exhibits A-B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Castillo, Eduardo) (Entered: 07/01/2011) |
| 2011-07-05 | 14 | MOTION for Summary Judgment by United States Section International Boundary and Water Commission, U.S., Mexico. (Attachments: # 1 Exhibit List, # 2 Exhibits A-G)(Castillo, Eduardo) (Entered: 07/05/2011) |
| 2011-07-05 | | Notice of Correction: re 14 Defendant's MOTION for Summary Judgment. Attorney called to clairify that the date on the Certificate of Service should read July 5th instead of July 1st. (mr, ) (Entered: 07/05/2011) |
| 2011-07-07 | 15 | MOTION to Permit Discovery by Robert J. McCarthy. (mr, ) (Entered: 07/07/2011) |
| 2011-07-07 | 16 | Memorandum in Support of 15 MOTION to Permit Discovery by Robert J. McCarthy. (mr, ) (Entered: 07/07/2011) |
| 2011-07-07 | 17 | Response in Opposition to Motion, filed by Robert J. McCarthy, re 13 Opposed MOTION for Protective Order Defendant's Opposed Motion for Protective Order filed by Defendant United States Section International Boundary and Water Commission, U.S., Mexico (mr, ) (Entered: 07/07/2011) |
| 2011-07-07 | 18 | Plaintiff's Declaration by Robert J. McCarthy (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(mr, ) (Entered: 07/07/2011) |
| 2011-07-07 | 19 | Certificate of Service by Robert J. McCarthy (mr, ) (Entered: 07/07/2011) |
| 2011-07-11 | 20 | ORDER REFERRING MOTION: 13 Opposed MOTION for Protective Order Defendant's Opposed Motion for Protective Order filed by United States Section International Boundary and Water Commission, U.S., Mexico. Signed by Judge Philip R. Martinez.. Referral Magistrate Judge: Norbert J. Garney. (mr, ) (Entered: 07/11/2011) |
| 2011-07-11 | 21 | ORDER REFERRING MOTION: 15 MOTION for Discovery filed by Robert J. McCarthy. Signed by Judge Philip R. Martinez.. Referral Magistrate Judge: Norbert J. Garney. (mr, ) (Entered: 07/11/2011) |
| 2011-07-12 | 28 | DOCUMENTS #20 & 21 sent regular and certfied mail to Robert J. McCarthy. (mr, ) (Entered: 07/15/2011) |
| 2011-07-13 | 22 | Plaintiff's Memorandum in Opposition to Motion for Summary Judgment, filed by Robert J. McCarthy, re 14 MOTION for Summary Judgment filed by Defendant United States Section International Boundary and Water Commission, U.S., Mexico (mr, ) (Entered: 07/13/2011) |
| 2011-07-13 | 23 | Plaintiff's MOTION for Summary Judgment by Robert J. McCarthy. (mr, ) (Entered: 07/13/2011) |
| 2011-07-13 | 24 | Plaintiff's Second Declaration by Robert J. McCarthy (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3)(mr, ) (Entered: 07/13/2011) |
| 2011-07-13 | 25 | Certificate of Service for docket entry #22, 23 & 24 by Robert J. McCarthy (mr, ) (Entered: 07/13/2011) |
| 2011-07-14 | 26 | MOTION for Summary Judgment by Robert J. McCarthy. (mr, ) (Entered: 07/14/2011) |
| 2011-07-14 | 27 | NOTICE of Errata by Robert J. McCarthy (mr, ) (Entered: 07/14/2011) |
| 2011-07-18 | 29 | ORDER SETTING DOCKET CALL, ( Docket Call set for 8/18/2011 08:00 AM before Judge Philip R. Martinez.). Signed by Judge Philip R. Martinez. (mr, ) (Entered: 07/18/2011) |
| 2011-07-18 | 30 | Order for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit a scheduling recommendations/proposed scheduling order to the Court within thirty (30) days after the appearance of any defendant. Scheduling Recommendations/Proposed Scheduling Order due by 8/18/2011. Signed by Judge Philip R. Martinez. (mr, ) (Entered: 07/18/2011) |
| 2011-07-18 | 31 | DOCUMENT #29 sent regular and certified mail to Robert J. McCarthy. (mr, ) (Entered: 07/18/2011) |
| 2011-07-18 | 39 | RETURN RECEIPT received for DOCUMENT #20 & 21 sent to Robert J. McCarthy. (mr, ) (Entered: 07/26/2011) |
| 2011-07-19 | 32 | MOTION for Leave to Exceed Page Limitation Defendant's Motion for Leave to File Response in Excess of Ten Pages by United States Section International Boundary and Water Commission, U.S., Mexico. (Attachments: # 1 Defendant's Response to Plaintiff's Motion to Permit Discovery, # 2 Exhibit 1)(Castillo, Eduardo) (Entered: 07/19/2011) |
| 2011-07-19 | 40 | DOCUMENT #30 sent certified and regular mail to Robert J. McCarthy. (mr, ) (Entered: 07/26/2011) |
| 2011-07-20 | | Text Order GRANTING 32 Motion for Leave to File Excess Pages entered by Judge Philip R. Martinez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (PRM) (Entered: 07/20/2011) |
| 2011-07-21 | 33 | DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO PERMIT DISCOVERY, filed by United States Section International Boundary and Water Commission, U.S., Mexico, re 15 MOTION for Discovery filed by Plaintiff Robert J. McCarthy. (Attachments: # 1 Exhibit 1)(mr, ) (Entered: 07/21/2011) |
| 2011-07-21 | 41 | RETURN RECEIPT received for DOCUMENT #29 sent to Robert McCarthy. (mr, ) (Entered: 07/26/2011) |
| 2011-07-22 | 52 | RETURN RECEIPT received for DOCUMENT #30 sent to Robert J. McCarthy. (mr, ) (Entered: 08/04/2011) |
| 2011-07-25 | 34 | MOTION for Leave to Exceed Page Limitation by United States Section International Boundary and Water Commission, U.S., Mexico. (Attachments: # 1 Defendant's Response to Plaintiff's Motion for Summary Judgment, # 2 Proposed Order, # 3 Exhibit A-B, # 4 Exhibit C-E)(Castillo, Eduardo) (Entered: 07/25/2011) |
| 2011-07-25 | 35 | MOTION for Permission to Electronically File by Robert J. McCarthy. (mr, ) (Entered: 07/25/2011) |
| 2011-07-25 | 36 | REPLY to Response to Motion, filed by Robert J. McCarthy, re 15 MOTION for Discovery filed by Plaintiff Robert J. McCarthy (mr, ) (Entered: 07/25/2011) |
| 2011-07-25 | 37 | NOTICE of Filing: Plaintiff's Third Declaration by Robert J. McCarthy (mr, ) (Entered: 07/25/2011) |
| 2011-07-25 | | Text Order GRANTING 34 Motion for Leave to File Excess Pages entered by Judge Philip R. Martinez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (PRM) (Entered: 07/25/2011) |
| 2011-07-25 | 38 | RESPONSE to Motion, filed by United States Section International Boundary and Water Commission, U.S., Mexico, re 26 MOTION for Summary Judgment filed by Plaintiff Robert J. McCarthy (Attachments: # 1 Exhibits A-B, # 2 Exhibits C-E)(mr, ) (Entered: 07/26/2011) |
| 2011-07-26 | 42 | NOTICE of Filing: Notice of Errata by Robert J. McCarthy (mr, ) (Entered: 07/26/2011) |
| 2011-07-26 | 43 | NOTICE of Filing: Plaintiff's Amended Third Declaration by Robert J. McCarthy (mr, ) (Entered: 07/26/2011) |
| 2011-07-26 | 45 | TEXT ORDER regarding docket entry #32 sent regular and certified mail to Robert J. McCarthy. (mr, ) (Entered: 07/30/2011) |
| 2011-07-27 | 46 | TEXT ORDER regarding docket entry #34 sent regular and certified mail to Robert J. McCarthy. (mr, ) (Entered: 07/30/2011) |
| 2011-07-28 | 44 | ORDER GRANTING 35 Motion for Permission to Electonically File Signed by Judge Philip R. Martinez. (mr, ) (Entered: 07/28/2011) |
| 2011-07-29 | 47 | DOCUMENT #44 sent regular and certified mail to Robert J. McCarthy. (mr, ) (Entered: 07/30/2011) |
| 2011-08-01 | 48 | PLAINTIFF'S REPLY ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, filed by Robert J. McCarthy, re 26 MOTION for Summary Judgment filed by Plaintiff Robert J. McCarthy. (mr, ) (Entered: 08/01/2011) |
| 2011-08-01 | 49 | NOTICE of Filing: Plaintiff's Fourth Declaration by Robert J. McCarthy (Attachments: # 1 Exhibit A)(mr, ) (Entered: 08/01/2011) |
| 2011-08-01 | 54 | RETURN RECEIPT received for DOCUMENT #34 sent to Robert J. McCarthy. (mr, ) (Entered: 08/04/2011) |
| 2011-08-02 | 55 | RETURN RECEIPT received for DOCUMENT #44 sent to Robert J. McCarthy. (mr, ) (Entered: 08/04/2011) |
| 2011-08-03 | 50 | Scheduling Recommendations Proposed Discovery Plan by Robert J. McCarthy, United States Section International Boundary and Water Commission, U.S., Mexico. (Castillo, Eduardo) (Entered: 08/03/2011) |
| 2011-08-03 | 51 | Proposed Scheduling Order by Robert J. McCarthy, United States Section International Boundary and Water Commission, U.S., Mexico. (Castillo, Eduardo) (Entered: 08/03/2011) |
| 2011-08-04 | 53 | RETURN RECEIPT received for DOCUMENT #32 sent to Robert J. McCarthy. (mr, ) (Entered: 08/04/2011) |
| 2011-08-12 | 56 | SCHEDULING ORDER: Jury Selection set for 6/1/2012 09:00AM before Judge Philip R. Martinez. Jury Trial set for 6/1/2012 09:00 AM before Judge Philip R. Martinez. ADR Report Deadline due by 9/12/2011. Amended Pleadings due by 9/12/2011. Discovery due by 2/13/2012. Motions due by 3/13/2012. Signed by Judge Philip R. Martinez. (mr, ) (Entered: 08/12/2011) |
| 2011-08-15 | 58 | DOCUMENT #56 sent regular and certified mail to Robert J. McCarthy. (mr, ) (Entered: 08/22/2011) |
| 2011-08-17 | 59 | RETURN RECEIPT received for DOCUMENT #56 sent to Robert J. McCarthy. (mr, ) (Entered: 08/22/2011) |
| 2011-08-18 | 57 | ORDER GRANTING 13 Motion for Protective Order; DENYING 15 Motion for Discovery. Signed by Judge Norbert J. Garney. (mr, ) (Entered: 08/18/2011) |
| 2011-08-22 | 60 | Document No 57 sent by certified mail to Robert McCarthy. (da, ) (Entered: 09/02/2011) |
| 2011-08-24 | 61 | Document No 57 received by Robert McCarthy. (da, ) (Entered: 09/02/2011) |
| 2011-09-12 | 62 | ADR Report Filed - Defendant's Alternative Dispute Resolution Report by United States Section International Boundary and Water Commission, U.S., Mexico(Castillo, Eduardo) (Entered: 09/12/2011) |
| 2011-09-15 | 63 | ADR Report Filed by Robert J. McCarthy(mr, ) (Entered: 09/15/2011) |
| 2011-09-26 | 64 | SECOND MOTION to Permit Discovery by Robert J. McCarthy. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support)(da, ) (Entered: 09/27/2011) |
| 2011-10-03 | 65 | ORDER REFERRING MOTION: 64 Second MOTION to Permit Discovery filed by Robert J. McCarthy. Signed by Judge Philip R. Martinez.. Referral Magistrate Judge: Norbert J. Garney. (da, ) (Entered: 10/03/2011) |
| 2011-10-04 | 66 | ORDER, ( Docket Call set for 11/7/2011 08:30 AM before Judge Philip R. Martinez.). Signed by Judge Philip R. Martinez. (da, ) (Entered: 10/04/2011) |
| 2011-10-04 | 68 | DOCUMENT #65 sent regular and certified mail to Robert J. McCarthy. (mr, ) (Entered: 10/13/2011) |
| 2011-10-05 | 69 | DOCUMENT #66 sent regular and certified mail to Robert J. McCarthy. (mr, ) (Entered: 10/13/2011) |
| 2011-10-07 | 67 | RESPONSE to Motion, filed by United States Section International Boundary and Water Commission, U.S., Mexico, re 64 MOTION for Discovery filed by Plaintiff Robert J. McCarthy Defendant's Response to Plaintiff's Second Motion to Permit Discovery (Attachments: # 1 Exhibit List, # 2 Exhibit 1)(Castillo, Eduardo) (Entered: 10/07/2011) |
| 2011-10-12 | 72 | RETURN RECEIPT received for DOCUMENT #66 sent to Robert J. McCarthy. (mr, ) (Entered: 10/21/2011) |
| 2011-10-17 | 71 | REPLY ON SECOND MOTION TO PERMIT DISCOVERY, filed by Robert J. McCarthy, re 64 SECOND MOTION for Discovery filed by Plaintiff Robert J. McCarthy. (mr, ) (Entered: 10/17/2011) |
| 2011-10-21 | 73 | ORDER DENYING 64 Second Motion to Permit Discovery. The Court finds that Defendant satisfied its burden of establishing that it conducted a reasonable search. Further, Plaintiff has failed to establish a material question as to the adequacy of the Defendant's declaration or that Defendant acted in bad faith. In addition Plaintiff has failed to establish that further discovery is warranted under Rule 56(d). Signed by Judge Norbert J. Garney. (mr, ) (Entered: 10/21/2011) |
| 2011-10-24 | 74 | DOCUMENT #73 sent regular and certified to Robert J. McCarthy. (mr, ) Modified on 11/17/2011 (mr, ). (Entered: 10/28/2011) |
| 2011-10-25 | 78 | RETURN RECEIPT received for DOCUMENT #73 (mr, ) (Entered: 11/17/2011) |
| 2011-10-28 | 75 | Appeal of Magistrate Judge Decision to District Court by Robert J. McCarthy. (mr, ) Modified on 11/3/2011 (mr, ). (Entered: 10/28/2011) |
| 2011-11-03 | | Notice of Correction: re 75 Notice of Appeal - Interlocutory. **THIS ENTRY WAS INCORRECTLY DOCKETED AS A INTERLOCUTORY APPEAL. THE CORRECT EVENT IS APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT COURT.** (mr, ) (Entered: 11/03/2011) |
| 2011-11-03 | 76 | ORDER DENYING OBJECTIONS TO ORDERS OF MAGISTRATE JUDGE re 75 Notice of Appeal - Interlocutory filed by Robert J. McCarthy. After due consideration of the Orders and Objections, the Court is of the opinion that neither of the Orders are clearly erroneous nor contrary to the law and that there is no clear error on the face of the record. Therefore, the Court finds that it should deny Plaintiff's Objections. Signed by Judge Philip R. Martinez. (mr, ) (Entered: 11/03/2011) |
| 2011-11-04 | 77 | AMENDED SCHEDULING ORDER: Bench Trial set for 6/1/2012 09:00 AM before Judge Philip R. Martinez. Amended Pleadings due by 9/12/2011. Discovery due by 2/13/2012. Motions due by 3/13/2012. Signed by Judge Philip R. Martinez. (mr, ) (Entered: 11/04/2011) |
| 2011-11-30 | 79 | ORDER GRANTING 14 Motion for Summary Judgment; DENYING 26 Motion for Summary Judgment. IT IS FURTHER ORDERED that all pending motions are DENIED AS MOOT. IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE. Signed by Judge Philip R. Martinez. (mr, ) (Entered: 11/30/2011) |
| 2011-11-30 | 80 | FINAL JUDGMENT. IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE, that all pending motions are DENIED AS MOOT and the Clerk shall close this matter. Signed by Judge Philip R. Martinez. (mr, ) (Entered: 11/30/2011) |
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