| Date Filed | Doc # | Docket Text |
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| 2016-12-15 | 1 | New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (epm) (Entered: 12/15/2016) |
| 2016-12-15 | 2 | Notice and Instruction to Pro Se Party (epm) (Entered: 12/15/2016) |
| 2016-12-15 | 3 | COMPLAINT against Federal Aviation Administration, United States Department of Transportation filed by Harold Edward Rutila, IV. (Filing fee $400.00; Receipt number 96324) 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. (epm) (Entered: 12/15/2016) |
| 2016-12-15 | 4 | NOTICE of Related Case filed by Harold Edward Rutila, IV. (epm) (Entered: 12/15/2016) |
| 2016-12-15 | 5 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Harold Edward Rutila, IV. (epm) (Entered: 12/15/2016) |
| 2016-12-15 | 6 | Request for Clerk to issue summons filed by Harold Edward Rutila, IV. (epm) (Entered: 12/15/2016) |
| 2016-12-15 | 7 | Summons Issued as to Federal Aviation Administration, United States Department of Transportation. (epm) (Entered: 12/15/2016) |
| 2016-12-28 | 8 | SUMMONS Returned Executed as to Federal Aviation Administration ; served on 12/20/2016; United States Department of Transportation ; served on 12/20/2016., CERTIFICATE OF SERVICE by Harold Edward Rutila, IV re 4 Notice (Other), 7 Summons Issued, 3 Complaint,, 5 Cert. Of Interested Persons/Disclosure Statement . Mailings sent 12/16/2016. Civil Process Clerk received 12/19/2016. US Attorney General received 12/21/2016. Federal Defendants Federal Aviation Administration and U.S. Department of Transportation received 12/20/2016. (Rutila, Harold) (Entered: 12/28/2016) |
| 2017-01-19 | 9 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Federal Aviation Administration, United States Department of Transportation. (Cherry-DOJ, Marti) (Entered: 01/19/2017) |
| 2017-01-19 | 10 | ANSWER to 3 Complaint filed by Federal Aviation Administration, United States Department of Transportation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Marti M Watkins Cherry-DOJ added to party Federal Aviation Administration(pty:dft), Attorney Marti M Watkins Cherry-DOJ added to party United States Department of Transportation(pty:dft) (Cherry-DOJ, Marti) (Entered: 01/19/2017) |
| 2017-04-24 | 11 | MOTION to Dismiss filed by Federal Aviation Administration, United States Department of Transportation with Brief/Memorandum in Support. (Cherry-DOJ, Marti) (Entered: 04/24/2017) |
| 2017-04-24 | 12 | Appendix in Support filed by Federal Aviation Administration, United States Department of Transportation re 11 MOTION to Dismiss (Attachments: # 1 Additional Page(s)) (Cherry-DOJ, Marti) (Entered: 04/24/2017) |
| 2017-05-15 | 13 | RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 11 MOTION to Dismiss (Rutila, Harold) (Entered: 05/15/2017) |
| 2017-05-15 | 14 | Appendix in Support filed by Harold Edward Rutila, IV re 13 Response/Objection to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit(s) to Appendix in Support of Response in Opposition to Defendant's Motion to Dismiss) (Rutila, Harold) (Entered: 05/15/2017) |
| 2017-05-15 | 15 | First MOTION to Amend/Correct 3 Complaint, MOTION for Leave to File First Amended Complaint for Injunctive Relief filed by Harold Edward Rutila, IV with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amendment to Plaintiff's Complaint, # 2 Exhibit(s) to Plaintiff's Complaint) (Rutila, Harold) Modified docket text on 5/16/2017 (aaa). (Entered: 05/15/2017) |
| 2017-05-16 | 16 | Notice of Correction of Signature Omission, correcting signature omission in 14 Appendix in Support, filed by Harold Edward Rutila, IV. (Rutila, Harold) (Entered: 05/16/2017) |
| 2017-05-16 | 17 | CERTIFICATE of Conference re 15 First MOTION to Amend/Correct 3 Complaint,, and File First Amended Complaint for Injunctive Relief MOTION for Leave to File by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 05/16/2017) |
| 2017-05-30 | 18 | REPLY filed by Federal Aviation Administration, United States Department of Transportation re: 11 MOTION to Dismiss (Cherry-DOJ, Marti) (Entered: 05/30/2017) |
| 2017-05-30 | 19 | RESPONSE filed by Federal Aviation Administration, United States Department of Transportation re: 15 First MOTION to Amend/Correct 3 Complaint and File First Amended Complaint for Injunctive Relief, MOTION for Leave to File. (Cherry-DOJ, Marti) (Entered: 05/30/2017) |
| 2017-06-08 | 20 | MOTION for Extension of Time to File Response/Reply to 19 Response/Objection, filed by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 06/08/2017) |
| 2017-06-09 | 21 | ELECTRONIC ORDER granting 20 Motion to Extend Time to File Response/Reply. Plaintiff's Reply is due by 6/20/2017. (Ordered by Magistrate Judge Renee Harris Toliver on 6/9/2017) (chmb) (Entered: 06/09/2017) |
| 2017-06-20 | 22 | REPLY filed by Harold Edward Rutila, IV re: 15 First MOTION to Amend/Correct 3 Complaint, and File First Amended Complaint for Injunctive Relief, MOTION for Leave to File. (Rutila, Harold) (Entered: 06/20/2017) |
| 2017-09-25 | 23 | ELECTRONIC ORDER finding as moot 11 Motion to Dismiss and granting 15 Motion to Amend/Correct, Motion for Leave to File.Upon consideration, Plaintiffs Motion to Amend is GRANTED as justice so requires given the recently changed procedural posture of the case. Fed. R. Civ. P. 15(a). Defendants untimely filed Motion to Dismiss is terminated as moot as Plaintiff has been granted permission to file his amended complaint. See Jones v. Greninger, 188 F.3d 322, 324 (5th Cir. 1999) (finding motion to dismiss filed after filing of answer to be untimely); Brown v. Tex. A&M Univ. Sch. of Law, No. 4:15-CV-613-A (N.D. Tex. Nov. 10, 2015) (McBryde, J.) (denying as moot defendants' motion to dismiss upon plaintiff's filing of an amended complaint, "so that there will be no confusion, i.e., no need for sur-replies to replies that will raise new grounds for dismissal"). Plaintiff is DIRECTED to file a non-redlined copy of his amended complaint within seven days of the date of this order. (Ordered by Magistrate Judge Renee Harris Toliver on 9/25/2017) (chmb) (Entered: 09/25/2017) |
| 2017-09-25 | 24 | AMENDED COMPLAINT FOR INJUNCTIVE RELIEF against All Defendants filed by Harold Edward Rutila, IV. 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 Exhibit(s) 1 - First Amended Complaint, # 2 Exhibit(s) 2 - Exhibits to First Amended Complaint) (Rutila, Harold) (Entered: 09/25/2017) |
| 2017-10-04 | 25 | MOTION to Consolidate Cases OR TRANSFER filed by Federal Aviation Administration, United States Department of Transportation with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s)) (Cherry-DOJ, Mary) (Entered: 10/04/2017) |
| 2017-10-04 | 26 | MOTION to Continue TO ANSWER OR OTHERWISE RESPOND filed by Federal Aviation Administration, United States Department of Transportation with Brief/Memorandum in Support. (Cherry-DOJ, Mary) (Entered: 10/04/2017) |
| 2017-10-10 | 27 | ELECTRONIC ORDER granting 26 Motion to Continue. Defendants deadline to answer or otherwise respond to Plaintiffs First Amended Complaint is extended to 30 days after the Court rules on the pending Motion to Transfer. (Ordered by Magistrate Judge Renee Harris Toliver on 10/10/2017) (chmb) (Entered: 10/10/2017) |
| 2017-10-12 | 28 | ORDER REASSIGNING CASE. Case reassigned to Judge Jane J. Boyle for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 10/12/2017) (epm) (Entered: 10/12/2017) |
| 2017-10-17 | 29 | ELECTRONIC ORDER terminating 25 Motion to Consolidate Cases.The Motion to Consolidate Cases or Transfer is terminated as moot in light of Judge Godbey's October 12, 2017 order transferring this case to the docket of Judge Boyle. (Ordered by Magistrate Judge Renee Harris Toliver on 10/17/2017) (chmb) (Entered: 10/17/2017) |
| 2017-11-21 | 30 | Request for Clerk to issue entry of default filed by Harold Edward Rutila, IV. (Attachments: # 1 Affidavit(s) in Support) (Rutila, Harold) (Entered: 11/21/2017) |
| 2017-11-21 | 31 | ADDITIONAL ATTACHMENTS to 30 Request for Clerk to Issue Document by Plaintiff Harold Edward Rutila, IV. (Rutila, Harold) (Entered: 11/21/2017) |
| 2017-11-27 | 32 | ***SET ASIDE per 39 Order*** Clerk's ENTRY OF DEFAULT as to Federal Aviation Administration, United States Department of Transportation. (ndt) Modified on 3/14/2018 (sss). (Entered: 11/27/2017) |
| 2017-11-28 | 33 | MOTION to Set Aside Default filed by Federal Aviation Administration, United States Department of Transportation (Cherry-DOJ, Mary) (Entered: 11/28/2017) |
| 2017-11-28 | 34 | MOTION for Leave to File (RE-FILE) DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT AND BRIEF IN SUPPORT THEREOF filed by Federal Aviation Administration, United States Department of Transportation with Brief/Memorandum in Support. (Cherry-DOJ, Mary) (Entered: 11/28/2017) |
| 2017-12-05 | 35 | RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 33 MOTION to Set Aside Default (Attachments: # 1 Exhibit(s) Appendix, # 2 Exhibit(s) in Support) (Rutila, Harold) (Entered: 12/05/2017) |
| 2017-12-13 | 36 | RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 34 MOTION for Leave to File (RE-FILE) DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT AND BRIEF IN SUPPORT THEREOF (Rutila, Harold) (Entered: 12/13/2017) |
| 2017-12-18 | 37 | REPLY filed by Federal Aviation Administration, United States Department of Transportation re: 33 MOTION to Set Aside Default (Cherry-DOJ, Mary) (Entered: 12/18/2017) |
| 2017-12-22 | 38 | REPLY filed by Federal Aviation Administration, United States Department of Transportation re: 34 MOTION for Leave to File (RE-FILE) DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT AND BRIEF IN SUPPORT THEREOF (Cherry-DOJ, Mary) (Entered: 12/22/2017) |
| 2018-03-14 | 39 | ORDER: Defendants' motion to consolidate, filed in case number 3:16-CV-2911-B-BK, Doc. 48, is GRANTED. Case number 3:16-CV-2911-B-BK is hereby CONSOLIDATED with case number 3:16-CV-3433-B-BK. All subsequent pleadings shall be filed under case number 3:16-CV-2911-B-BK, the first-filed case, and all pleadings filed in either case since October 12, 2017 (the date of transfer) shall be deemed filed in the consolidated case. Further, for the reasons advanced in Defendants' Motion to Set Aside Default, filed in case number 3:16-CV-3433-B-BK, Doc. 33 , that motion is GRANTED. The Clerk's Entry of Default on 11/27/2018, in case number 3:16-CV-3433-B-BK, is hereby set aside. Finally, based on the foregoing, the Defendants' Motion for Leave to Re-file Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, filed in case number 3:16-CV-3433-B-BK, Doc. 34 , is TERMINATED AS MOOT. (Ordered by Magistrate Judge Renee Harris Toliver on 3/14/2018) (sss) (Entered: 03/14/2018) |
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