Case Details

CourtSouthern District of Texas
Docket number4:98-cv-01369
Date case filed1998-05-05
Date case closed2000-03-31
Date of latest filing
Assigned toJudge Melinda Harmon
Case cause42:12188 American Disabilities Act of 1990
Nature of suit440 Civil Rights: Other
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Michael Joseph Edwards
Party type: Plaintiff
Attorney name: Elaine Boutte Roberts
Attorney Contact:
City of Houston
Mayor's Office for People with Disabilities
1475 W Gray St
Ste 180
Houston, TX 77019
713-284-1990
Fax: 713-284-8582
Email: roberts.elaine47@yahoo.com
TERMINATED: 03/31/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Marc P Charmatz
Attorney Contact:
NAD Law Center
814 Thayer Ave
Silver Spring, MD 20910
301-587-7730
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William Richard Jonson
Attorney Contact:
Law Office of William R Jonson
7457 Harwin
Ste 100
Houston, TX 77036
713-974-7691
Fax: 713-974-7695 fax
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The City of Houston
Party type: Defendant
Attorney name: Rebecca A Schlosser
Attorney Contact:
State Counsel for Offenders
P O Box 4005
Huntsville, TX 77342-4005
936-437-5244
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard John Urra
Attorney Contact:
Well Care Health Plans Inc
P O Box 25735
Tampa, FL 33622-5735
813-243-2972
Fax: 813-262-2811
TERMINATED: 04/06/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Tanya Elizabeth Wilder
Attorney Contact:
Attorney at Law
P O Box 309
Manor, TX 78653
832-393-6478
Email: tanya.wilder@cityofhouston.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The City of Houston
Party type: Counter Claimant
Attorney name: Rebecca A Schlosser
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard John Urra
Attorney Contact:
(See above for address)
TERMINATED: 04/06/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Tanya Elizabeth Wilder
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael Joseph Edwards
Party type: Counter Defendant
Attorney name: Elaine Boutte Roberts
Attorney Contact:
(See above for address)
TERMINATED: 03/31/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Marc P Charmatz
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
11998-05-04 COMPLAINT filed; (bchurchill) (Entered: 05/06/1998)
21998-05-04 Application for Leave to Proceed IFP by plaintiff Michael Joseph Edwards received on 4/29/98 along with the Original Complaint, entered. Application for IFP GRANTED ( signed by Judge Kenneth M. Hoyt ) (bchurchill) (Entered: 05/06/1998)
31998-05-05 ORDER for Conf set initial pretrial and scheduling conference for 9:00 8/3/98 before Magistrate Judge Frances H. Stacy , entered; Parties notified. ( signed by Judge Melinda Harmon ) (bchurchill) (Entered: 05/06/1998)
41998-05-11 MOTION for Marc P Charmatz to appear pro hac vice by Michael Joseph Edwards, Motion Docket Date 5/31/98 [4-1] motion , filed. (ltien) (Entered: 05/11/1998)
51998-05-12 ORDER granting pltf's [4-1] motion for Marc P Charmatz to appear pro hac vice as co-counsel, entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 05/12/1998)
61998-06-03 ANSWER to Complaint by The City of Houston (Added attorney Rebecca A Schlosser), filed.; jury demand (psmith) (Entered: 06/04/1998)
71998-06-03 DEMAND for jury trial by The City of Houston, filed (psmith) (Entered: 06/04/1998)
81998-06-15 RETURN OF SERVICE executed as to The City of Houston c/o Lee Brown, Mayor and Anna Russell, City Secretary 5/12/98 filed Answer due on 6/1/98 for The City of Houston (ltien) (Entered: 06/15/1998)
91998-07-24 JOINT DISCOVERY/Case Management Plan by Michael Joseph Edwards, The City of Houston , filed. (ltien) (Entered: 07/24/1998)
101998-08-03 Minute entry: scheduling conference held on 8/3/98, terminated deadlines . Apps: Roberts f/pltf. Counsel f/deft did not appear. Settlement for parties suggested. (ltien) (Entered: 08/04/1998)
111998-08-03 Minute Entry Order: scheduling conference held on 8/3/98, entered. Apps: Roberts f/pltf. Scheduling order entered. Parties ntfd. ( Signed by Magistrate Judge Frances H. Stacy ) (ltien) (Entered: 08/04/1998)
121998-08-03 SCHEDULING ORDER setting Joining of parties 11/16/98 ; Amending of pleadings 11/16/98 ; Pltf expert witness list submitted by 1/4/99 ; Deft expert witness list submitted by 2/1/99 ; Discovery cutoff 3/8/99 ; Deadline for filing all dispositive motions 3/22/99 ; Deadline for filing non-dispositive motions 3/22/99 ; Pretrial order to be submitted on or before 4/30/99 ; Docket call deadline 1:30 5/7/99 ; before Judge Melinda Harmon , entered. Parties notified. Trial Term: two weeks starting 5/10/99 ( Signed by Magistrate Judge Frances H. Stacy ) (ltien) (Entered: 08/04/1998)
131998-08-06 INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by The City of Houston , filed. (ltien) (Entered: 08/06/1998)
141998-08-11 INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by Michael Joseph Edwards , filed. (ltien) (Entered: 08/11/1998)
151998-11-13 MOTION to extend the amendment/joinder deadlines by Michael Joseph Edwards, Motion Docket Date 12/3/98 [15-1] motion , filed. (fmremp) (Entered: 11/16/1998)
161998-12-07 ORDER granting pltf's [15-1] motion to extend the amendment/joinder deadlines; deadline for amended pleadings and joining new parties extended until 12/23/98 , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 12/08/1998)
171998-12-18 MOTION for extension of pltf's expert deadline until 1/25/99 by Michael Joseph Edwards, Motion Docket Date 1/7/99 [17-1] motion , filed. (ltien) (Entered: 12/21/1998)
181998-12-22 ORDER granting pltf's [17-1] motion for extension of pltf's expert deadline; Pltf expert witness list due for 1/25/99 , entered; all expert designations and expert reports filed through 1/25/99 shall be considered timely. Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 12/22/1998)
191998-12-23 MOTION for leave to file pltf's first amended original complaint by Michael Joseph Edwards, Motion Docket Date 1/12/99 [19-1] motion , filed. (ddarneille) (Entered: 12/23/1998)
201998-12-23 PLTF'S FIRST AMENDED ORIGINAL COMPLAINT by Michael Joseph Edwards, amending [1-1] complaint, filed. (ddarneille) (Entered: 12/23/1998)
211999-01-25 DESIGNATION OF EXPERTS and Expert Reports by Michael Joseph Edwards filed. (ltien) (Entered: 01/26/1999)
221999-01-25 ORDER granting pltf's [19-1] motion for leave to file pltf's first amended original complaint , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 01/26/1999)
231999-02-01 FIRST AMENDED COMPLAINT by Michael Joseph Edwards, (Answer due 2/11/99 for The City of Houston ) amending [1-1] complaint , filed. (psmith) (Entered: 02/01/1999)
241999-02-05 COUNTERCLAIM by The City of Houston against Michael Joseph Edwards , filed. (ltien) (Entered: 02/18/1999)
251999-02-18 ANSWER by Michael Joseph Edwards to [24-1] counter claim , filed. (ltien) (Entered: 02/18/1999)
261999-02-19 UNOPPOSED MOTION for leave to file deft's 2/5/99 answer to first amended complaint by The City of Houston, Motion Docket Date 3/11/99 [26-1] motion , filed. (ltien) (Entered: 02/19/1999)
271999-02-23 ORDER granting deft's [26-1] motion for leave to file its 2/5/99 first amended answer to first amended complaint , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 02/23/1999)
281999-03-22 MOTION to compel deposition , or in the alternative for sanctions by Michael Joseph Edwards, Motion Docket Date 4/11/99 [28-1] motion, 4/11/99 [28-2] motion , filed. (ltien) (Entered: 03/23/1999)
291999-03-22 MOTION for extension of motion deadlines until 3/26/99 by Michael Joseph Edwards, Motion Docket Date 4/11/99 [29-1] motion , filed. (ltien) (Entered: 03/23/1999)
301999-03-22 MOTION for summary judgment by Michael Joseph Edwards, Motion Docket Date 4/11/99 [30-1] motion , filed. (ltien) (Entered: 03/23/1999)
311999-03-22 MEMORANDUM by Michael Joseph Edwards in support of his [30-1] motion for summary judgment , filed (in brown expandex folder) (ltien) (Entered: 03/23/1999)
321999-03-22 MOTION to take judicial notice of statutory provisions by Michael Joseph Edwards, Motion Docket Date 4/11/99 [32-1] motion , filed. (ltien) (Entered: 03/23/1999)
331999-03-24 MOTION in limine by Michael Joseph Edwards, Motion Docket Date 4/13/99 [33-1] motion , filed. (psmith) (Entered: 03/25/1999)
341999-03-24 Original AFFIDAVITS Of Kristi Boyer, Lloyd Edwards, Michael Edwards, Teresa Edwards and Sterling Mullins to be attached to Pltfs [30-1] motion for summary judgment , filed (psmith) (Entered: 03/25/1999)
351999-03-26 MOTION for summary judgment on deft's counterclaim by Michael Joseph Edwards, Motion Docket Date 4/15/99 [35-1] motion , filed. (ltien) (Entered: 03/29/1999)
361999-03-26 MEMORANDUM by Michael Joseph Edwards in support of his [35-1] motion for partial summary judgment on deft's counterclaim , filed (ltien) (Entered: 03/29/1999)
371999-04-01 MOTION to substitute attorney Tanya E Wilder in place of Richard John Urra by The City of Houston, Motion Docket Date 4/21/99 [37-1] motion , filed. (ltien) (Entered: 04/01/1999)
381999-04-06 ORDER granting [37-1] motion to substitute attorney Tanya E Wilder in place of Richard John Urra. Added Tanya Elizabeth Wilder , entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp) (Entered: 04/06/1999)
391999-04-12 Exhibit list by Michael Joseph Edwards , filed (ltien) (Entered: 04/13/1999)
401999-04-12 MOTION to extend time to respond to pltf's motion for summary judgment , and for continuance of trial by The City of Houston, Motion Docket Date 5/2/99 [40-1] motion, 5/2/99 [40-2] motion , filed. (ltien) (Entered: 04/13/1999)
411999-04-20 REQUEST by The City of Houston for oral hearing on its motion for extension of time to respond to pltf's motion for summary judgment and for continuance of trial, filed. (ltien) (Entered: 04/20/1999)
421999-04-27 RESPONSE by Michael Joseph Edwards to deft's [40-1] motion to extend time to respond to pltf's motion for summary judgment, [40-2] motion for continuance of trial , filed. (ltien) (Entered: 04/27/1999)
431999-04-27 ORDER granting pltf's [28-1] motion to compel, including an award of fees and expenses; pltf will file an affidavit with time records and proof of his expenses. Deft will have five days after being served to file objections. Deft will produce the desired witness for deposition or show cause why it cannot comply. Pltf's [29-1] motion for extension of motion deadlines and [32-1] motion to take judicial notice of statutory provisions are GRANTED. Pltf's [35-1] motion for summary judgment on deft's counterclaim is DENIED as premature. The City's [41-1] motion for leave to file previously filed motion for extension of time is GRANTED. The City's [40-1] motion to extend time to respond to pltf's motion for summary judgment and [40-2] motion for continuance of trial are GRANTED. Docket call set for 1:30 7/9/99 , reset jury trial for 7/19/99 . The City's [41-1] request for hearing is MOOT, entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 04/27/1999)
441999-05-13 MOTION for leave to file response to pltf's partial motion for summary judgment by The City of Houston, Motion Docket Date 6/2/99 [44-1] motion , filed. (ltien) (Entered: 05/14/1999)
451999-05-13 RESPONSE by The City of Houston to pltf's [30-1] motion for partial summary judgment , filed. (ltien) (Entered: 05/14/1999)
461999-05-17 ORDER granting City of Houston's [44-1] motion for leave to file response to pltf's partial motion for summary judgment , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 05/19/1999)
471999-05-24 REPLY by Michael Joseph Edwards to deft's response to pltf's [30-1] motion for partial summary judgment , filed (ltien) (Entered: 05/25/1999)
481999-06-16 UNOPPOSED MOTION for leave to file unopposed motion for settlement conference/mediation with Magistrate or alternatively for court ordered mediation by Michael Joseph Edwards, Motion Docket Date 7/6/99 [48-1] motion , filed. (ltien) (Entered: 06/16/1999)
491999-06-16 UNOPPOSED MOTION for settlement conference/mediation with Magistrate , or alternatively for court ordered mediation by Michael Joseph Edwards, Motion Docket Date 7/6/99 [49-1] motion, 7/6/99 [49-2] motion , filed. (ltien) (Entered: 06/16/1999)
501999-06-17 ORDER granting pltf's [48-1] motion for leave to file unopposed motion for settlement conference/mediation with Magistrate or alternatively for court ordered mediation , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 06/18/1999)
511999-06-17 ORDER granting pltf's [49-1] motion for settlement conference/mediation with Magistrate; parties will attend a settlement conference/mediation before Magistrate Judge Frances H Stacy at a time and date to be determinted by the Magistrate, but not to interfere with the trial setting, entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 06/18/1999)
521999-06-17 ORDER setting settlement conference for 9:30 7/6/99 before Magistrate Judge Frances H. Stacy , entered; Parties notified. ( signed by Magistrate Judge Frances H. Stacy ) (ltien) (Entered: 06/18/1999)
531999-07-06 Minutes of Settlement Conference held before Magistrate Judge Frances H Stacy on 7/6/99 Appearances by Counsel - Elaine Roberts and Michael Edwards, Attorneys f/Plaintiff, Amy Marshall, Law Clerk f/the City, Mary E Redman, Interpreter f/Nightingale Adult Day Center, Tonya Wilder, Attorney for The City of Houston; Parties reached a settlement on every issue except for Injunctive Relief; The Injunctive Relief matter will be worked out between the parties either the last week in July or the first week in August, filed (fmremp) (Entered: 07/07/1999)
541999-07-06 REQUEST by Michael Joseph Edwards, The City of Houston for sixty day trial continuance, filed. (ltien) (Entered: 07/08/1999)
551999-07-07 ORDER; Clerk shall file the handwritten partial settlement agreement as an instrument. The current docket control schedule is VACATED, terminated deadlines . Joint status report due 9/10/99 re: outcome of negotiations with Dept of Justice and whether further proceedings are required. All pending motions are MOOT: mooting pltf's [30-1] motion for summary judgment and [33-1] motion in limine , entered; Parties notified. ( signed by Judge Melinda Harmon ) (ltien) (Entered: 07/08/1999)
561999-09-09 JOINT MOTION for continuance by Michael Joseph Edwards, The City of Houston , filed (ltien) (Entered: 09/14/1999)
571999-09-13 ORDER granting [56-1] joint motion for 60-day continuance, entered; Parties notified. (signed by Judge Melinda Harmon) (ltien) (Entered: 09/14/1999)
581999-11-09 JOINT STATUS REPORT by Michael Joseph Edwards, The City of Houston , filed. (psmith) (Entered: 11/09/1999)
591999-11-09 JOINT MOTION for continuance by Michael Joseph Edwards, The City of Houston , filed (psmith) (Entered: 11/09/1999)
601999-11-10 ORDER granting [58-1] joint motion for continuance , entered; Parties notified. (signed by Judge Melinda Harmon) (khightower) (Entered: 11/12/1999)
612000-01-07 MOTION for continuance of trial by pltf Michael Joseph Edwards and deft The City of Houston, Motion Docket Date 1/27/00 [61-1] motion , filed. (khightower) (Entered: 01/07/2000)
622000-01-19 ORDER granting joint [61-1] motion for continuance of trial status report due 3/31/00 if parties have not already informed the Court of settlement , entered; Parties notified. ( signed by Judge Melinda Harmon ) (khightower) (Entered: 01/19/2000)
632000-03-30 DESIGNATION by Michael Joseph Edwards designating William Richard Jonson as attorney in charge, filed. (fmremp) (Entered: 03/30/2000)
642000-03-31 AGREED MOTION to dismiss claim with prejudice against Deft by Pltf Michael Joseph Edwards, filed. (fmremp) (Entered: 03/31/2000)
652000-03-31 ORDER granting [64-1] agreed motion to dismiss claim with prejudice against Deft; the Agreement between the parties and attached to the Agreed Motion to Dismiss is incorporated by reference and this Court retains jurisdiction to enforce the settlement agreement as set out in the stipulation, entered; Parties notified. ( signed by Judge Melinda Harmon ) (fmremp) (Entered: 04/03/2000)