Smith v. The Abandoned Vessel
Nathan Smith |
The Abandoned Vessel |
4:2007cv00784 |
March 6, 2007 |
US District Court for the Southern District of Texas |
Houston Office |
XX US, Outside State |
David Hittner |
Marine |
28 U.S.C. § 1333 Admiralty |
None |
Docket Report
This docket was last retrieved on May 24, 2010. A more recent docket listing may be available from PACER.
Document Text |
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Filing 116 Receipt for Withdrawal of Exhibits by attorney for Morgan Dunn O'Connor, Morgan Dunn O'Connor, filed.(ealexander, ) |
Filing 115 Receipt for Withdrawal of Exhibits by attorney for Nathan Smith, filed.(ealexander, ) |
Filing 114 ORDER that the parties are to retrieve all trial exhibits on or before June 22, 2009. If the parties fail to pick up the exhibits they will be destroyed after June 22, 2009.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 113 Order of USCA for the Fifth Circuit (copy) dated 5/18/2009 re: 101 Notice of Appeal ; USCA No. 09-20206. Pursuant to Appellant's Motion -- Appeal is dismissed, filed.(pjameson, ) |
Filing 112 Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: 101 Notice of Appeal; consisting of 2 envelopes sealed documents - copies shredded (USCA No. 09-20206), filed.(pjameson, ) |
Filing 111 ORDER denying 110 Motion to Amend the Court's Findings of Fact and Conclusions of Law and Judgment.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 110 MOTION to Amend 108 Final Judgment, 107 Findings of Fact & Conclusions of Law, by Nathan Smith, filed. Motion Docket Date 6/1/2009. (Attachments: # 1 Proposed Order)(Schwartz, Richard) |
Filing 109 ORDER.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 108 FINAL JUDGMENT. Case terminated on April 27, 2009.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 107 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Plaintiff's claims are dismissed and the Intervenor's request for attorneys' fees is denied. The parties shall pay their own costs.(Signed by Judge David Hittner) (Attachments: # 1 Continuation) Parties notified.(ealexander, ) |
Filing 106 Transmittal Letter on Appeal Certified re: 101 Notice of Appeal. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 4 total volumes and 3 envelopes of sealed records. (USCA No. 09-20206), filed.(ypippin, ) |
Filing 105 DKT-13 TRANSCRIPT ORDER FORM by Richard A. Schwartz. Transcript is already on file in Clerk's office. Hearing before Judge David Hittner Court Reporter/Transcriber: A. Manley and Bruce Slavin. This order form relates to the following: 101 Notice of Appeal, filed.(chorace) |
Document(s) Sent by UPS to Fifth Circuit re: 106 Transmittal Letter on Appeal, Tracking Number - 1Z7262750343235816, filed. (ypippin, ) |
Filing 104 Notice of Assignment of USCA No. 09-20206 re: 101 Notice of Appeal, filed. (mewilliams, ) |
Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 101 Notice of Appeal, filed.(ypippin, ) |
Filing 103 DKT-13 TRANSCRIPT ORDER FORM by Joe Thrash. Transcript is unnecessary for appeal purposes.. This order form relates to the following: 101 Notice of Appeal, filed.(mmapps, ) |
Filing 102 Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (1 copies). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 101 Notice of Appeal, filed.(ypippin, ) |
Filing 101 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 95 Order by Texas Historical Commission (Filing fee $ 455, receipt number 05410000000004849631), filed.(Thrash, Joe) |
Filing 100 ORDER denying 98 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 99 Sealed Event, filed. (With attachments) |
Filing 98 Sealed Event, filed. (With attachments) |
Filing 97 Sealed Event, filed. |
Filing 96 Sealed Event, filed. |
Filing 95 ORDER that the Texas Historical Commission's Amended Motion to Intervene is denied.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 94 ORDER denying as moot 91 Motion to Intervene; denying as moot 92 Motion to Dismiss.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 93 ORDER granting 89 Motion to Appear Pro Hac Vice on behalf of Joe H. Thrash.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 92 MOTION to Dismiss or for Judgment by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) |
Filing 91 MOTION to Intervene by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) |
Filing 90 ANSWER to 37 Amended Complaint/Counterclaim/Crossclaim etc. by Texas Historical Commission, filed.(ealexander, ) |
Filing 89 MOTION for Joe H. Thrash to Appear Pro Hac Vice by Texas Historical Commission, filed. Motion Docket Date 2/23/2009. (ealexander, ) |
Filing 88 Transcript (Sealed), filed. (bslavin, ) |
Filing 87 Transcript (Sealed), filed. (amanley, ) |
Filing 86 Exhibit List by Morgan Dunn O'Connor, Marie Sorenson, filed.(ealexander, ) |
Filing 85 Exhibit List by Nathan Smith, filed.(ealexander, ) |
Filing 84 Plaintiff's Deposition Excerpts of Garrett Engelking dated December 19, 2008, filed. (ealexander, ) |
Filing 83 Plaintiff's Deposition Excerpts of Marie Pattillo dated December 19, 2008, filed. (ealexander, ) |
Filing 82 Minute Entry for proceedings held before Judge David Hittner. Second day of BENCH TRIAL held on 12/30/2008. Plaintiff rests. Defendant's Motion for Directed Verdict heard and denied. Defendant presents case and rest. Findings of Fact and Conclusions of Law due to be filed on March 2, 2009. (The transcript of this day of trial is sealed.) Appearances: Terry Carroll, Adrian Greene, Richard Austin Schwartz, Ronald B Walker.(Court Reporter: Bruce Slavin), filed.(ealexander, ) Modified on 12/31/2008 (ealexander, ). |
Filing 81 ORDER granting 76 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 80 ORDER granting 75 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 79 Minute Entry for proceedings held before Judge David Hittner. First day of BENCH TRIAL held on 12/29/2008 and continued to December 30, 2008 at 10:00 a.m. Testimony taken. The transcript of this proceeding is SEALED. Appearances: Richard Terry Carroll, Adrian Greene, Austin Schwartz, Ronald B Walker.(Court Reporter: Anita Manley), filed.(ealexander, ) |
Filing 78 OBJECTION to Presentation of Evidence at Trial by Intervenor, filed by Nathan Smith. (ealexander, ) |
Filing 77 ORDER granting 65 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 76 Sealed Event, filed. (With attachments) |
Filing 75 Sealed Event, filed. (With attachments) |
Filing 74 Sealed Event, filed. (With attachments) |
Filing 73 Sealed Event, filed. |
Filing 72 Sealed Event, filed. |
Filing 71 ORDER granting 67 Motion for Expedited Consideration of Plaintiff's Motion for Leave to take the Deposition of a Newly Discovered Witness and denying the motion for continuance. Plaintiff is granted leave to take the deposition of Garrett Engelking on December 19, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 70 Sealed Event, filed. |
Filing 69 RESPONSE NOT OPPOSING PLAINTIFF'S PROPOSED DEPOSITION AND OPPOSING ANY CONTINUANCE, filed by Morgan Dunn O'Connor. (Walker, Ronald) |
Filing 68 Sealed Event, filed. (With attachments) |
Filing 67 Sealed Event, filed. (With attachments) |
Filing 66 ORDER ; Motion-related deadline set re: 65 Sealed Event, ORDER Setting Hearing on Motion 65 Sealed Event :( Motion Hearing set for 12/29/2008 at 10:00 AM in Courtroom 8A before Judge David Hittner).(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 65 Sealed Event, filed. (With attachments) |
Filing 64 Notice of Filing of Official Transcript as to 63 Transcript. Party notified, filed. (dclark, ) |
Filing 63 TRANSCRIPT re: Hearing held on 10-22-2008 before Judge David Hittner. Court Reporter/Transcriber Dye. Release of Transcript Restriction set for 2/17/2009., filed. (gdye, ) |
Filing 62 ORDER granting 61 Sealed Motion.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 61 Sealed Event, filed. (With attachments) |
Filing 60 Sealed Event, filed. (With attachments) |
Filing 59 SCHEDULING ORDER. ETT: 2-3 days. Bench. Joint Pretrial Order due by 11/7/2008 Bench Trial set for 12/29/2008 at 10:00 AM in Courtroom 8A before Judge David Hittner.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 58 Minute Entry for proceedings held before Judge David Hittner. Final PRETRIAL CONFERENCE held on 10/22/2008. Written order to issue. Appearances: Adrian Green, Ronald B. Walker, Terry Carroll(Court Reporter: Gayle Dye), filed.(ealexander, ) |
Filing 57 ORDER that the parties are to exchange all trial exhibits on or before October 30, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 56 SCHEDULING ORDER. ETT: 3 days. Bench Trial. Pretrial Conference set for 10/22/2008 at 09:45 AM in Courtroom 8A before Judge David Hittner.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 55 ORDER denying 47 Sealed Motion. Further Plaintiff's Motion for Partial Summary Judgment and Renewal of her Motion to Dismiss (Inst. # 48) is denied.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 54 Sealed Event, filed. |
Filing 53 Sealed Event, filed. |
Filing 52 Sealed Event, filed. (With attachments) |
Filing 51 ORDER granting 50 Agreed Motion to Seal.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 50 Agreed MOTION to Seal Docket Numbers 048 and 049 by Morgan Dunn O'Connor, filed. Motion Docket Date 9/10/2008. (Attachments: # 1 Proposed Order)(Walker, Ronald) |
Filing 49 OBJECTIONS to Plaintiff's Summary Judgment Evidence, filed by Morgan Dunn O'Connor. (Walker, Ronald) Modified on 8/25/2008 (ealexander, ). This docket entry is sealed per order dated 8/22/08 |
Filing 48 RESPONSE to 47 Sealed Event, filed by Morgan Dunn O'Connor. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Proposed Order)(Walker, Ronald) Modified on 8/25/2008 (ealexander, ). This docket entry is sealed per order dated 8/22/08 |
Filing 47 Sealed Event, filed. (With attachments) |
Filing 46 ORDER that Plaintiff's expert report dealine is moved to June 30, 2008 and Intervenor's expert report deadline is moved to July 30, 2008.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 45 STIPULATION re: Extending the Parties' Expert Report Deadline by Nathan Smith, filed.(Schwartz, Richard) |
Filing 44 AGREED PROTECTIVE ORDER.(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 43 ORDER granting 41 Motion to Substitute Party. Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, is substituted as the Interenor in this matter added..(Signed by Judge David Hittner) Parties notified.(ealexander, ) |
Filing 42 Agreed PROPOSED ORDER Protective, filed.(Schwartz, Richard) |
Filing 41 Suggestion of Death and Unopposed Motion to Substitute Proper Party Morgan Dunn O'Connor, Executor of the Estate of Marie O'Connor Sorenson, Intervenor, in place of Marie Sorenson. (Attachments: # 1 Proposed Order)(Walker, Ronald) |
Summons Issued as to Killeen & Stern, PC, filed.(espencer, ) |
Filing 40 ORDER to Extend the Parites' Expert Report Deadline. Plaintiff's expert report deadline to reset to May 30, 2008. Intervenor's expert report deadline is moved to June 30, 2008.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 39 STIPULATION re: Parties' Expert Report Deadline by Nathan Smith, filed.(Schwartz, Richard) |
Filing 38 ORDER denying 21 Motion to Dismiss.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 37 First Amended Original Complaint against Killeen & Stern, PC, Marie Sorenson, The Abandoned Vessel filed by Nathan Smith.(ealexander, ) |
Filing 36 ORDER granting 35 Motion for Leave to File First Amended Complaint.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 35 MOTION for Leave to File First Amended Original Complaint by Nathan Smith, filed. Motion Docket Date 2/20/2008. (Attachments: # 1 Complaint First Amended# 2 Proposed Order)(Schwartz, Richard) |
Filing 34 Nathan Smith's Sur-Reply to Intevenor Sorenson's Reply Regarding Sorenson's 21 MOTION to Dismiss, by Nathan Smith, filed.(Schwartz, Richard) Linked to #21 on 12/5/2007 (ltien, ). |
Filing 33 ORDER granting 27 Motion to Seal Documents.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 32 REPLY in Support of 21 Opposed MOTION to Dismiss 1 Complaint, filed by Marie Sorenson. (Walker, Ronald) |
Filing 31 PROPOSED ORDER re: 29 Response to Motion, filed.(Schwartz, Richard) |
Filing 30 EXHIBITS re: 29 Response to Motion by Nathan Smith, filed.(Schwartz, Richard) |
Filing 29 RESPONSE to 21 Opposed MOTION to Dismiss 1 Complaint, filed by Nathan Smith. (Schwartz, Richard) |
Filing 28 PROPOSED ORDER re: 27 Unopposed MOTION to Seal Documents, filed.(Schwartz, Richard) |
Filing 27 Unopposed MOTION to Seal Documents by Nathan Smith, filed. Motion Docket Date 12/10/2007. (Schwartz, Richard) |
Filing 26 Stipulation and Order to Extend Submission Date on Intervenor Sorenson's Motion to Dismiss to November 21, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 25 STIPULATION re: to Extend Submission Date on Intervenor Sorenson's Motion to Dismiss by Nathan Smith, filed.(Schwartz, Richard) |
Filing 24 SCHEDULING ORDER: Trial Term: November/December 2008. ETT: 3 days. Bench Trial. Amended Pleadings due by 2/29/2008. Joinder of Parties due by 1/31/2008. Pltf Expert Witness List due by 2/29/2008. Deft Expert Witness List due by 3/31/2008. Discovery due by 7/1/2008. Dispositive Motion Filing due by 7/31/2008. Non-Dispositive Motion Filing due by 7/31/2008. Joint Pretrial Order due by 10/30/2008. ( Signed by Judge Stephen Wm Smith ) Parties notified. (jmarchand) |
Filing 23 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 10/25/2007. Scheduling order issued. Appearances:Terry Carroll for Ronald Walker, Richard Austin Schwartz.(ERO:P. Crawford), filed.(jmarchand) |
Filing 22 CERTIFICATE OF INTERESTED PARTIES by Intervenor Marie Sorenson, filed.(Walker, Ronald) |
Filing 21 Opposed MOTION to Dismiss 1 Complaint by Marie Sorenson, filed. Motion Docket Date 11/7/2007. (Attachments: # 1 Proposed Order Order Granting Dismissal For Failure To State A Claim)(Walker, Ronald) |
Filing 20 ANSWER to 1 Complaint by Marie Sorenson, filed.(Walker, Ronald) |
Filing 19 ORDER Clarifying Order of September 14, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 18 ORDER granting 17 Motion to Withdraw as Attorney.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 17 MOTION for Jay A. McKendree to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/15/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay) |
Filing 16 ORDER granting 15 Motion to Withdraw as Attorney.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 15 MOTION for Robert J. Killeen, Jr. to Withdraw as Attorney by Nathan Smith, filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Proposed Order Granting Motion to Withdraw as Counsel)(Woodward, Wilbourn) |
Filing 14 ORDER granting and denying in part 12 Opposed MOTION for New Trial, 13 Opposed MOTION to Stay, Case reopened on September 14, 2007. This case is set for a Rule 16 Scheduling Conference on October 25, 2007 at 2:00 p.m. before Magistrate Judge Stephen Wm Smith.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
***Set/Reset Deadlines/Hearings: Initial Conference set for 10/25/2007 at 02:00 PM in Courtroom 702 before Magistrate Judge Stephen Smith (ealexander, ) |
Filing 13 SEALED DOCUMENT. (Walker, Ronald) Modified on 9/13/2007 (ltien, ). Modified on 11/28/2007 (ealexander, ). |
Filing 12 SEALED DOCUMENT. (Walker, Ronald) Modified on 9/13/2007 (ltien, ). Modified on 11/28/2007 (ealexander, ). |
Filing 11 SEALED ORDER.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) Modified on 11/28/2007 (ealexander, ). |
Filing 10 Unopposed MOTION for Entry of Judgment by Nathan Smith, filed. Motion Docket Date 9/25/2007. (Attachments: # 1 Exhibit A, B, C, and D)(Woodward, Wilbourn) |
Filing 9 ORDER Initial Conference set for 9/12/2007 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 8 ORDER granting 7 Motion for Extension of Time.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) |
Filing 7 Unopposed MOTION for Extension of Time Publication by Nathan Smith, filed. Motion Docket Date 6/12/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay) |
Filing 6 SEALED Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) Modified on 11/28/2007 (ealexander, ). |
Filing 5 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 5/3/2007. No scheduling order issued. Pending motion for entry of order 4 to determine further action in this case. Appearances: Jay Alan McKendree. (ERO:C. Peebles), filed. (jmarchand) |
Filing 4 SEALED DOCUMENT (McKendree, Jay) Modified on 11/28/2007 (ealexander, ). |
Filing 3 CERTIFICATE OF INTERESTED PARTIES, filed.(McKendree, Jay) |
Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/3/2007 at 02:00 PM in Courtroom 702 before Magistrate Judge Stephen Smith.( Signed by Judge David Hittner ) Parties notified.(mmapps, ) |
Filing 1 SEALED DOCUMENT (McKendree, Jay) Modified on 11/28/2007 (ealexander, ). |
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Plaintiff: Nathan Smith | |
Represented By: | Jay Alan McKendree |
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Defendant: The Abandoned Vessel | |
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