Reassignment of EDTX Civil & Criminal Actions

Whenever the makeup on a district court’s bench changes, though retirements or the addition of new judges, the docket is reallocated.  Last week saw a significant reallocation of the Eastern District’s cases due to the arrival on the bench of Judge Jeremy Kernodle in Tyler and changes in Senior Judge Ron Clark’s docket.  I wanted to go through the changes and what they mean in the affected divisions.

No Retaliation Here

This case was filed as a collective action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and also asserted individual claims for retaliation. It’s particularly useful because it addresses a motion for partial summary judgment as  to the individual retaliation claim, and takes the form of a report & recommendation by the magistrate judge, which was affirmed by the district judge.  I have attached both orders to the analysis below.

Four GD’s, two SOBs and one f-bomb comes to …

I just spent the last two days in depositions that were a model of decorum and professionalism by all involved, which reminded of one that wasn’t.

Once upon a time an EDTX judge was presented with a situation involving the use of coarse and profane language by a lawyer in a deposition.  (No, it didn’t involve Joe Jamail).

After considering all facts surrounding the deposition, arguments of counsel, and the attorney’s statement at the show cause hearing, the judge imposed a fine for the abusive behavior at his deposition.  But it’s how the fine was calculated that is of interest …

Reloading? There’s a Deadline For That.

This is a product liability case arising out the use of a treestand, shown at right.  For non-East Texans, treestands are used for hunting when you don’t have a conventional stand, an exemplar of which is shown at left.   The deer is clearly Photoshopped in since they never come this close to any deer stand I have ever been associated with.

Deer stands for most hunters involves a gun.  My dad, on the other hand, favored Snickers snack-size bars and cigarettes, and usually left the gun at the house.  (If you stop and think how much work you’ve bought for yourself if you actually kill a deer, forgetting the gun makes a lot of sense).

But try not to picture the danger of a redneck climbing a tree to try to get into the aforementioned treestand with a rifle, and return to comforting thoughts of scheduling orders, which in this case involved, as they are wont to do, a deadline to amend pleadings. In this case, the allegedly injured would-be deer assassin sought to amend his pleadings two months after the deadline.