McGee v. Hiland Dairy Foods Co LLC et al

Texas Northern District Court
Judge:Sidney A Fitzwater
Referred: David L Horan
Case #: 3:23-cv-02630
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1981 Civil Rights
Case Filed:Nov 29, 2023
Terminated:Feb 14, 2025
Last checked: Monday May 27, 2024 3:58 AM CDT
Defendant
Hiland Dairy Foods Co LLC
Represented By
Nicholas Hayden Burns
Condon Tobin Sladek Thornton Nerenberg PLLC
contact info
Aaron Z Tobin
Condon Tobin Sladek Thornton Nerenberg PLLC
contact info
Andrew J Martone
Martone Legal LLC
contact info
Abigail B Schwab
Martone Legal LLC
contact info
Plaintiff
Darren McGee, Sr
Pro Se Litigant 207 Meandering Way
Glenn Heights, TX 75154
TERMINATED PARTIES
Defendant
Cory Shidler
Terminated: 12/28/2023

GPO Dec 01 2023
be served on Defendant Hiland Dairy Foods Co. LLC under 28 U.S.C. § 1915(d) and Federal Rule of Civil Procedure 4(c)(3). (Ordered by Magistrate Judge David L. Horan on 12/1/2023) (mcrd)FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss the claims against Defendant Cory Shidler with prejudice and, after doing so, should order that Plaintiff Darren McGee's pro se complaint
GPO Dec 28 2023
Order Adopting 7 Findings and Recommendations of the United States Magistrate Judge. The court directs the clerk of court to issue summons and the United States Marshal to serve process. After this order is docketed, the clerk is directed to terminate the standing screening referral. (Ordered by Senior Judge Sidney A Fitzwater on 12/28/2023) (kaf)

Docket last updated: 55 minutes ago
Friday, February 14, 2025
46 46 order Judgment Fri 02/14 10:34 AM
JUDGMENT: For the reasons set out in a memorandum opinion and order filed today, it is ordered and adjudged that plaintiff Darren McGee's ("McGees") action against defendant Hiland Dairy Foods Co., L.L.C. ("Hiland") is dismissed with prejudice. Hiland's taxable costs of court, as calculated by the clerk of court, are assessed against McGee. (Ordered by Senior Judge Sidney A Fitzwater on 2/14/2025) (ndt)
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45 45 5 pgs order Memorandum Opinion and Order Fri 02/14 10:30 AM
Memorandum Opinion and Order: For the reasons explained, the court grants Hiland's motion for sanctions and dismisses this case with prejudice by judgment filed today. (Ordered by Senior Judge Sidney A Fitzwater on 2/14/2025) (ndt)
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Tuesday, February 11, 2025
44 44 motion Extension of Time Tue 02/11 1:18 PM
MOTION to Extend Time Summary Judgment and Other Motions Deadlines filed by Hiland Dairy Foods Co LLC (Schwab, Abigail)
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Thursday, February 06, 2025
43 43 misc Status Report Thu 02/06 2:10 PM
STATUS REPORT filed by Hiland Dairy Foods Co LLC. (Schwab, Abigail)
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Att: 1 Exhibit(s) A - Correspondence
Thursday, January 23, 2025
42 42 1 pgs order Order Setting Deadline/Hearing Thu 01/23 11:28 AM
ORDER: The court's34 order directed the parties to file, by 1/21/2025, a joint estimate of trial length and joint status report concerning the progress of settlement negotiations ("Joint Status Report"). The parties have failed to do so. Accordingly, no later than 14 days after this order is filed, the parties must submit their Joint Status Report. If defendant is unable to communicate with plaintiff for purposes of preparing the Joint Status Report, defendant must file its own status report by the deadline imposed by this order. (Ordered by Senior Judge Sidney A Fitzwater on 1/23/2025) (twd)
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Tuesday, January 21, 2025
41 41 respm Appendix in Support Tue 01/21 5:44 PM
Appendix in Support filed by Hiland Dairy Foods Co LLC re40 Brief/Memorandum in Support of Motion,39 MOTION for Sanctions (Schwab, Abigail)
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40 40 respm Brief/Memorandum In Support Tue 01/21 5:36 PM
Brief/Memorandum in Support filed by Hiland Dairy Foods Co LLC re39 MOTION for Sanctions (Schwab, Abigail)
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39 39 motion Sanctions Tue 01/21 5:34 PM
MOTION for Sanctions filed by Hiland Dairy Foods Co LLC (Schwab, Abigail)
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Wednesday, December 11, 2024
38 38 2 pgs order Order on Motion to Compel Wed 12/11 4:37 PM
ORDER: The court grants Hilands35 motion and orders McGee to respond to Hilands first set of interrogatories and first request for production of documents within 28 days of the date of this order. (Ordered by Senior Judge Sidney A Fitzwater on 12/11/2024) (agc)
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Thursday, November 14, 2024
37 37 respm Appendix in Support Thu 11/14 5:24 PM
Appendix in Support filed by Hiland Dairy Foods Co LLC re35 MOTION to Compel Plaintiff to Respond to Discovery ,36 Brief/Memorandum in Support of Motion (Schwab, Abigail)
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36 36 respm Brief/Memorandum In Support Thu 11/14 5:22 PM
Brief/Memorandum in Support filed by Hiland Dairy Foods Co LLC re35 MOTION to Compel Plaintiff to Respond to Discovery (Schwab, Abigail)
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35 35 motion Compel Thu 11/14 5:20 PM
MOTION to Compel Plaintiff to Respond to Discovery filed by Hiland Dairy Foods Co LLC (Schwab, Abigail)
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Thursday, October 10, 2024
34 34 1 pgs order Order on Motion to Continue Thu 10/10 10:17 AM
ORDER granting33 Motion to Continue. Discovery due by 1/21/2025. Motions due by 2/14/2025. Status Report due by 1/21/2025. Jury Trial set for 8/18/2025 before Senior Judge Sidney A Fitzwater. (Ordered by Senior Judge Sidney A Fitzwater on 10/10/2024) (ndt)
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Tuesday, September 17, 2024
33 33 motion Continue Tue 09/17 12:27 PM
MOTION to Continue Trial Setting and Extend Case Deadlines filed by Hiland Dairy Foods Co LLC (Schwab, Abigail)
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Friday, August 30, 2024
32 32 answer Answer to Amended Complaint Fri 08/30 3:44 PM
ANSWER to25 Amended Complaint,, filed by Hiland Dairy Foods Co LLC. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Schwab, Abigail)
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Friday, August 23, 2024
31 31 5 pgs order Memorandum Opinion and Order Fri 08/23 3:23 PM
MEMORANDUM OPINION AND ORDER granting26 MOTION to Partially Dismiss Plaintiff's First Amended Complaint filed by Hiland Dairy Foods Co LLC. (Ordered by Senior Judge Sidney A Fitzwater on 8/23/2024) (Senior Judge Sidney A Fitzwater)
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Monday, August 12, 2024
30 30 respm Response/Objection Mon 08/12 4:22 PM
RESPONSE to Defendant's23 Designation of Expert Witnesses filed by Darren McGee, Sr. (kcr)
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Tuesday, May 21, 2024
29 29 respm Response/Objection Tue 05/21 2:19 PM
RESPONSE filed by Darren McGee, Sr re:26 MOTION to Dismiss Plaintiff's First Amended Complaint . (agc)
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Friday, May 10, 2024
28 28 notice Notice of Attorney Appearance Fri 05/10 1:06 PM
NOTICE of Attorney Appearance by Nicholas Hayden Burns on behalf of Hiland Dairy Foods Co LLC. (Filer confirms contact info in ECF is current.) (Burns, Nicholas)
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Friday, May 03, 2024
27 27 respm Brief/Memorandum In Support Fri 05/03 2:39 PM
Brief/Memorandum in Support filed by Hiland Dairy Foods Co LLC re26 MOTION to Dismiss Plaintiff's First Amended Complaint (Schwab, Abigail)
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26 26 motion Dismiss Fri 05/03 2:36 PM
MOTION to Dismiss Plaintiff's First Amended Complaint filed by Hiland Dairy Foods Co LLC (Schwab, Abigail)
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Thursday, April 18, 2024
25 25 cmp Amended Complaint Fri 04/19 11:40 AM
AMENDED COMPLAINT WITH JURY DEMAND against Hiland Dairy Foods Co LLC filed by Darren McGee, Sr. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (ndt)
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Friday, March 22, 2024
24 24 8 pgs order Memorandum Opinion and Order Fri 03/22 2:07 PM
MEMORANDUM OPINION AND ORDER granting15 MOTION to Dismiss Plaintiff's Original Complaint filed by Hiland Dairy Foods Co LLC, and permitting plaintiff 28 days to replead. (Ordered by Senior Judge Sidney A Fitzwater on 3/22/2024) (Senior Judge Sidney A Fitzwater)
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Monday, March 04, 2024
23 23 order Scheduling Order Mon 03/04 10:10 AM
SCHEDULING ORDER: Amended Pleadings due by 5/24/2024. Discovery due by 9/20/2024. Joinder of Parties due by 5/24/2024. Motions due by 9/20/2024. Status Report due by 9/20/2024. (Ordered by Senior Judge Sidney A Fitzwater on 3/4/2024) (kcr)
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22 22 order Scheduling Order Mon 03/04 10:05 AM
TRIAL SETTING ORDER: Trial set for two-week docket beginning 2/18/2025 before Senior Judge Sidney A Fitzwater. (Ordered by Senior Judge Sidney A Fitzwater on 3/4/2024) (kcr)
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Friday, February 23, 2024
21 21 misc Proposed Scheduling and Discovery Order Fri 02/23 2:43 PM
Proposal for contents of scheduling and discovery order Joint Scheduling Proposal by Hiland Dairy Foods Co LLC. (Schwab, Abigail)
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Wednesday, February 14, 2024
20 20 notice Notice of Attorney Appearance Wed 02/14 10:00 AM
NOTICE of Attorney Appearance by Aaron Z Tobin on behalf of Hiland Dairy Foods Co LLC. (Filer confirms contact info in ECF is current.) (Tobin, Aaron)
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Monday, February 12, 2024
19 19 respm Response/Objection Tue 02/13 10:41 AM
Motion and Brief in Support of Response filed by Darren McGee, Sr re:15 MOTION to Dismiss Plaintiff's Original Complaint . (kcr)
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Friday, January 26, 2024
18 18 3 pgs order Order for Scheduling Order Proposal Fri 01/26 3:12 PM
Order: Proposed Scheduling Order due by 2/23/2024. (Ordered by Senior Judge Sidney A Fitzwater on 1/26/2024) (kaf)
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misc Order Receipt Fri 01/26 3:14 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Fri Jan 26 15:14:14 CST 2024 (crt)
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Thursday, January 25, 2024
17 17 misc Certificate Of Interested Persons/Disclosure Statement Thu 01/25 2:29 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hiland Dairy Foods Co LLC. (Clerk QC note: No affiliate entered in ECF). (Schwab, Abigail)
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16 16 respm Brief/Memorandum In Support Thu 01/25 2:26 PM
Brief/Memorandum in Support filed by Hiland Dairy Foods Co LLC re15 MOTION to Dismiss Plaintiff's Original Complaint (Schwab, Abigail)
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15 15 motion Dismiss Thu 01/25 2:24 PM
MOTION to Dismiss Plaintiff's Original Complaint filed by Hiland Dairy Foods Co LLC (Schwab, Abigail)
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14 14 notice Notice of Attorney Appearance Thu 01/25 2:11 PM
NOTICE of Attorney Appearance by Abigail B Schwab on behalf of Hiland Dairy Foods Co LLC. (Filer confirms contact info in ECF is current.) (Schwab, Abigail)
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13 13 notice Notice of Attorney Appearance Thu 01/25 2:09 PM
NOTICE of Attorney Appearance by Andrew J Martone on behalf of Hiland Dairy Foods Co LLC. (Filer confirms contact info in ECF is current.) (Martone, Andrew)
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Tuesday, January 09, 2024
12 12 service Summons Returned Wed 01/10 11:37 AM
SUMMONS Returned Executed as to Hiland Dairy Foods Co LLC; served on 1/3/2024. (cfk)
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Thursday, December 28, 2023
11 11 service Business Reply Card Signed Fri 12/29 11:45 AM
Business Reply Card signed by United States Marshals; re8 Order Accepting/Adopting Findings and Recommendations,3 Complaint,7 Findings and Recommendations. Signed on 12/28/2023. (agc)
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10 10 order Judgment ~Util - Add and Terminate Parties Thu 12/28 11:28 AM
JUDGMENT: it is ordered and adjudged that plaintiffs action against defendant Cory Shidler (Shidler) is dismissed with prejudice. Cory Shidler (Mr) terminated. Plaintiff shall bear his own costs of court incurred in bringing the action against Shidler. (Ordered by Senior Judge Sidney A Fitzwater on 12/28/2023) (kaf)
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9 9 service Summons Issued Thu 12/28 10:54 AM
Summons Issued as to Hiland Dairy Foods Co LLC. (kaf)
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8 8 2 pgs order Order Accepting/Adopting Findings and Recommendations Thu 12/28 10:32 AM
Order Adopting7 Findings and Recommendations of the United States Magistrate Judge. The court directs the clerk of court to issue summons and the United States Marshal to serve process. After this order is docketed, the clerk is directed to terminate the standing screening referral. (Ordered by Senior Judge Sidney A Fitzwater on 12/28/2023) (kaf)
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utility Case Returned to District Judge (Public Entry) Thu 12/28 11:11 AM
CASE Returned to District Judge; Magistrate Judge David L. Horan no longer assigned to case per Order8 . (kaf)
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misc Order Receipt Thu 12/28 11:29 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:8, 10. Thu Dec 28 11:29:30 CST 2023 (crt)
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Friday, December 01, 2023
7 7 motion Findings and Recommendations Fri 12/01 2:47 PM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss the claims against Defendant Cory Shidler with prejudice and, after doing so, should order that Plaintiff Darren McGee's pro se complaint be served on Defendant Hiland Dairy Foods Co. LLC under 28 U.S.C. § 1915(d) and Federal Rule of Civil Procedure 4(c)(3). (Ordered by Magistrate Judge David L. Horan on 12/1/2023) (mcrd)
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6 6 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Fri 12/01 2:42 PM
ORDER GRANTING4 LEAVE TO PROCEED IN FORMA PAUPERIS: But service of process shall not issue, if at all, until the Court completes its screening of this action under 28 U.S.C. § 1915(e)(2). (Ordered by Magistrate Judge David L. Horan on 12/1/2023) (mcrd)
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misc Order Receipt Fri 12/01 2:47 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No: 6, 7. Fri Dec 1 14:47:40 CST 2023 (crt)
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Thursday, November 30, 2023
misc Order Receipt Thu 11/30 10:19 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Nov 30 10:19:15 CST 2023 (crt)
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Wednesday, November 29, 2023
5 5 misc Certificate Of Interested Persons/Disclosure Statement Thu 11/30 10:21 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Darren McGee. (Clerk QC note: No affiliate entered in ECF). (cfk)
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4 4 motion Proceed In Forma Pauperis Thu 11/30 10:21 AM
MOTION for Leave to Proceed in forma pauperis filed by Darren McGee. (cfk)
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3 3 cmp Complaint Thu 11/30 10:20 AM
COMPLAINT WITH JURY DEMAND against Hiland Dairy Foods Co LLC, Cory Shidler filed by Darren McGee. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (cfk)
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2 2 notice Notice and Instruction to Pro Se Party Thu 11/30 10:18 AM
Notice and Instruction to Pro Se Party. (cfk)
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1 1 qcref Fitzwater Thu 11/30 10:17 AM
New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK: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 Horan). Clerk to provide copy to plaintiff if not received electronically. (cfk)
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