Butler v. Class et al

Texas Northern District Court
Judge:	Brantley Starr
Referred:	Rebecca Rutherford
Case #:	3:21-cv-00064
Nature of Suit	751 Labor - Family and Medical Leave Act
Cause	29:2615 Family and Medical Leave

Case Filed:	Jan 11, 2021
Terminated:	Jan 05, 2023

Last checked: Saturday Jul 10, 2021 4:59 AM CDT

Defendant Thomas Class
Defendant Jackie Estok
Defendant Federal Bureau of Investigation
Defendant Sandra Hollingshead
Defendant Jeff Rutherford
Defendant Niambi Tillman
Plaintiff Archie Butler 8189 Midtown Blvd Apt 12202 Dallas, TX 75231

	GPO Nov 18 2022 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendant Attorney General Merrick B. Garland's motion for summary judgment and dismiss this case with prejudice. (Ordered by Magistrate Judge David L. Horan on 11/18/2022) (axm) Modified on 11/30/2022 (mcrd).
	GPO Jan 05 2023 Order Accepting 46 Findings and Recommendations re: 37 Motion for Summary Judgment filed by Merrick Garland. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and GRANTS Garland's motion for summary judgment. The Court will enter judgment via a separate order. (Ordered by Judge Brantley Starr on 1/5/2023) (ndt)

Docket last updated: 04/16/2025 11:59 PM CDT

Thursday, January 05, 2023
49		49 order Judgment Thu 01/05 12:51 PM JUDGMENT: This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered, it is ORDERED, ADJUDGED, and DECREED that this case is DISMISSED WITH PREJUDICE. (Ordered by Judge Brantley Starr on 1/5/2023) (ndt) Related: [-]
48		48 1 pgs order Order Accepting/Adopting Findings and Recommendations Thu 01/05 12:48 PM Order Accepting46 Findings and Recommendations re:37 Motion for Summary Judgment filed by Merrick Garland. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and GRANTS Garland's motion for summary judgment. The Court will enter judgment via a separate order. (Ordered by Judge Brantley Starr on 1/5/2023) (ndt) Related: [-]
Wednesday, December 07, 2022
		misc Court Request For Recusal Wed 12/07 2:18 PM Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. (twd) Related: [-]
Friday, November 18, 2022
46		46 motion Findings and Recommendations Sun 11/20 3:44 PM Findings and Recommendations on Motion re:37 Motion for Summary Judgment. The Court should grant Defendant Attorney General Merrick B. Garland's motion for summary judgment and dismiss this case with prejudice. (Ordered by Magistrate Judge David L. Horan on 11/18/2022) (axm) Related: [-]
Thursday, October 20, 2022
45		45 2 pgs order Order Unfiling Pleading Thu 10/20 4:30 PM ORDER DENYING LEAVE AND STRIKING AND UNFILING44 SURREPLY. (Ordered by Magistrate Judge David L. Horan on 10/20/2022) (mcrd) Related: [-]
Wednesday, October 19, 2022
44		44 respm Sur-reply Wed 10/19 6:13 AM Sur-reply filed by Archie Butler re:37 MOTION for Summary Judgment (Butler, Archie) Related: [-]
Friday, September 23, 2022
43		43 respm Reply Fri 09/23 10:37 AM REPLY filed by Merrick Garland re:37 MOTION for Summary Judgment (Parker-DOJ, Tami) Related: [-]
Thursday, September 08, 2022
42		42 respm Appendix in Support Fri 09/09 8:38 AM Appendix in Support filed by Archie Butler re41 Response/Objection. *FILED USING THE COURT'S EMERGENCY FILING EMAIL ADDRESS.* (ndt) Related: [-]
41		41 respm Response/Objection Fri 09/09 8:36 AM RESPONSE BRIEF filed by Archie Butler re:37 MOTION for Summary Judgment. *FILED USING THE COURT'S EMERGENCY FILING EMAIL ADDRESS.* (ndt) Related: [-]
Tuesday, August 09, 2022
40		40 10 pgs order Order Setting Deadline/Hearing Tue 08/09 3:29 PM ORDER SETTING BRIEFING SCHEDULE re:37 Motion for Summary Judgment. Responses due by 9/8/2022. Replies due by 9/23/2022. (Ordered by Magistrate Judge David L. Horan on 8/9/2022) (axm) Related: [-]
Monday, August 08, 2022
39		39 respm Brief/Memorandum In Support Mon 08/08 6:41 PM Brief/Memorandum in Support filed by Merrick Garland re37 MOTION for Summary Judgment (Parker-DOJ, Tami) Related: [-]
38		38 respm Appendix in Support Mon 08/08 6:40 PM Appendix in Support filed by Merrick Garland re37 MOTION for Summary Judgment (Parker-DOJ, Tami) Related: [-]
		Att: 1 Exhibit(s) A - Butler Deposition Transcript,
		Att: 2 Exhibit(s) B - Butler Responses to Interrogatories,
		Att: 3 Exhibit(s) C - 2016 EEO Complaint Documents,
		Att: 4 Exhibit(s) D - 2016 Emails,
		Att: 5 Exhibit(s) E - 2014 Emails,
		Att: 6 Exhibit(s) F - 2016 Emails re: AWOL,
		Att: 7 Exhibit(s) G - 2018 EEO Documents,
		Att: 8 Exhibit(s) H - 2018 EEO Witness Statements,
		Att: 9 Exhibit(s) I - 2018 EEO Misc. Documents,
		Att: 10 Exhibit(s) J - Miscellaneous Emails,
		Att: 11 Exhibit(s) K - Mark White Statement,
		Att: 12 Exhibit(s) L - Mark White Email,
		Att: 13 Exhibit(s) M - Hollingshead Statement
37		37 motion Summary Judgment Mon 08/08 6:28 PM MOTION for Summary Judgment filed by Merrick Garland (Parker-DOJ, Tami) Related: [-]
Thursday, July 14, 2022
36		36 misc Status Report Thu 07/14 1:51 PM Joint STATUS REPORT Regarding Settlement filed by Merrick Garland. (Parker-DOJ, Tami) Related: [-]
Monday, May 09, 2022
35		35 order Scheduling Order ~Util - Terminate Motions Mon 05/09 3:06 PM ORDER AMENDING INITIAL SCHEDULING ORDER granting34 Motion to Amend. Discovery due by 6/8/2022. Deadline for mediation is on or before 7/8/2022. Motions due by 8/8/2022. (Ordered by Magistrate Judge David L. Horan on 5/9/2022) (mla) Related: [-]
Friday, May 06, 2022
34		34 motion Amend/Correct Fri 05/06 2:31 PM Joint MOTION to Amend/Correct33 Scheduling Order, filed by Merrick Garland with Brief/Memorandum in Support. (Parker-DOJ, Tami) Related: [-]
		Att: 1 Proposed Order
Thursday, November 04, 2021
33		33 order Scheduling Order Fri 11/05 8:59 AM INITIAL SCHEDULING ORDER: The Court specifically ORDERS the parties to abide by the Court's local rules insofar as a provision of those rules is not modified by this order or another order of the Court in this case. Amended Pleadings due by 12/20/2021. Discovery due by 5/9/2022. Joinder of Parties due by 12/20/2021. Deadline for mediation is on or before 6/8/2022. Motions due by 7/8/2022. (Ordered by Magistrate Judge David L. Horan on 11/4/2021) (ykp) Related: [-]
Wednesday, November 03, 2021
32		32 misc Status Report Wed 11/03 4:55 PM Joint STATUS REPORT Rule 26(f) filed by Merrick Garland. (Parker-DOJ, Tami) Related: [-]
Wednesday, October 06, 2021
31		31 6 pgs order Order Setting Deadline/Hearing Wed 10/06 2:56 PM ORDER REQUIRING RULE 26(f) REPORT: Butler and counsel for the Attorney General must confer over the telephone or through videoconferencing not later than 10/27/2021. By 11/3/2021, the parties must submit a joint written Rule 26(f) report containing a proposed discovery plan. (Ordered by Magistrate Judge David L. Horan on 10/6/2021) (jmg) Related: [-]
30		30 15 pgs order Order Wed 10/06 2:37 PM STANDING ORDER ON DISCOVERY AND OTHER NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 10/6/2021) (ykp) Related: [-]
Thursday, September 30, 2021
29		29 misc Certificate Of Interested Persons/Disclosure Statement Thu 09/30 4:54 PM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Merrick Garland. (Parker-DOJ, Tami) Related: [-]
28		28 answer Answer to Complaint Thu 09/30 4:54 PM ANSWER to3 Complaint,, filed by Merrick Garland. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Tami C Parker-DOJ added to party Merrick Garland(pty:dft) (Parker-DOJ, Tami) Related: [-]
Monday, August 30, 2021
27		27 2 pgs order Order ~Util - Add and Terminate Parties ~Util - Terminate Motions Tue 08/31 9:56 AM ORDER DIRECTING CLERK TO TERMINATE MOTION AND SUBSTITUTING THE ATTORNEY GENERAL AS DEFENDANT: The Clerk shall TERMINATE the21 motion to dismiss. The Court GRANTS the unopposed26 motion to substitute; Attorney General Merrick Garland is SUBSTITUTED as the sole defendant in the matter, thereby DISMISSING the FBI and its employees as defendants; and the Attorney General must respond to the operative complaint by 9/30/2021. (Ordered by Magistrate Judge David L. Horan on 8/30/2021) (mla) Related: [-]
Friday, August 27, 2021
26		26 motion Substitute Party Fri 08/27 6:34 PM Unopposed MOTION to Substitute Party filed by Thomas Class, Jackie Estok, Federal Bureau of Investigation, Sandra Hollingshead, Jeff Rutherford, Niambi Tillman with Brief/Memorandum in Support. (Parker-DOJ, Tami) Related: [-]
		Att: 1 Proposed Order
25		25 notice Notice (Other) Fri 08/27 6:32 PM NOTICE of Withdrawal of Motion to Dismiss re:21 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Class, Jackie Estok, Federal Bureau of Investigation, Sandra Hollingshead, Jeff Rutherford, Niambi Tillman (Parker-DOJ, Tami) Related: [-]
Tuesday, August 10, 2021
24		24 respm Response/Objection Wed 08/11 12:00 AM RESPONSE filed by Archie Butler re:21 MOTION to Dismiss for Lack of Jurisdiction (Butler, Archie) Related: [-]
23		23 respm Response/Objection Tue 08/10 11:05 PM RESPONSE filed by Archie Butler re:21 MOTION to Dismiss for Lack of Jurisdiction (Butler, Archie) Related: [-]
Wednesday, July 14, 2021
22		22 3 pgs order Order Setting Deadline/Hearing Wed 07/14 9:23 AM ORDER: re:21 MOTION to Dismiss for Lack of Jurisdiction . Responses due by 8/12/2021. Replies due by 8/27/2021. (Ordered by Magistrate Judge David L. Horan on 7/14/2021) (ndt) Related: [-]
Monday, July 12, 2021
21		21 motion Dismiss/Lack of Jurisdiction Mon 07/12 3:48 PM MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Class, Jackie Estok, Federal Bureau of Investigation, Sandra Hollingshead, Jeff Rutherford, Niambi Tillman with Brief/Memorandum in Support. Attorney Tami C Parker-DOJ added to party Thomas Class(pty:dft), Attorney Tami C Parker-DOJ added to party Jackie Estok(pty:dft), Attorney Tami C Parker-DOJ added to party Federal Bureau of Investigation(pty:dft), Attorney Tami C Parker-DOJ added to party Sandra Hollingshead(pty:dft), Attorney Tami C Parker-DOJ added to party Jeff Rutherford(pty:dft), Attorney Tami C Parker-DOJ added to party Niambi Tillman(pty:dft) (Parker-DOJ, Tami) Related: [-]
Thursday, May 13, 2021
20		20 service Summons Returned Thu 05/13 3:02 PM SUMMONS Returned Executed as to Federal Bureau of Investigation ; served on 5/13/2021. (Butler, Archie) Related: [-]
19		19 service Summons Returned Thu 05/13 1:48 AM SUMMONS Returned Executed as to Federal Bureau of Investigation ; served on 5/12/2021. (Butler, Archie) Related: [-]
18		18 service Summons Returned Thu 05/13 1:43 AM SUMMONS Returned Unexecuted as to Jackie Estok. (Butler, Archie) Related: [-]
Wednesday, May 12, 2021
17		17 service Summons Returned Wed 05/12 2:34 AM SUMMONS Returned Executed as to Federal Bureau of Investigation ; served on 5/10/2021. (Butler, Archie) Related: [-]
16		16 service Summons Returned Wed 05/12 2:09 AM SUMMONS Returned Executed as to Jeff Rutherford ; served on 5/11/2021. (Butler, Archie) Related: [-]
15		15 service Summons Returned Wed 05/12 2:06 AM SUMMONS Returned Executed as to Sandra Hollingshead ; served on 5/11/2021. (Butler, Archie) Related: [-]
14		14 service Summons Returned Wed 05/12 2:03 AM SUMMONS Returned Executed as to Niambi Tillman ; served on 5/11/2021. (Butler, Archie) Related: [-]
13		13 service Summons Returned Wed 05/12 1:59 AM SUMMONS Returned Executed as to Thomas Class ; served on 5/11/2021. (Butler, Archie) Related: [-]
Monday, May 03, 2021
12		12 service Summons Issued Mon 05/03 5:56 PM Summons issued as to Thomas Class, Jackie Estok, Federal Bureau of Investigation, Sandra Hollingshead, Jeff Rutherford, Niambi Tillman, U.S. Attorney, and U.S. Attorney General. (axm) Related: [-]
11		11 misc Request for Clerk to Issue Document Mon 05/03 1:58 AM Request for Clerk to issue Request to issue summons filed by Archie Butler. (Butler, Archie) Related: [-]
Tuesday, April 13, 2021
10		10 3 pgs order Order Setting Deadline/Hearing Wed 04/14 11:16 AM ORDER REGARDING SERVICE. It is now more than 90 days after Butler filed this action, this order serves as a second notice under Rule 4. Accordingly, Butler must file a response to this order by 5/14/2021 that establishes both (1) good cause for the failure to timely and properly effect service and (2) good cause for the Court to extend the time for service for an appropriate, specified period. See FED. R. CIV. P. 4(m). (Ordered by Magistrate Judge David L. Horan on 4/13/2021) (mjr) Related: [-]
Friday, April 09, 2021
9		9 service Certificate of Service Mon 04/12 11:26 AM Proof of Mailing by Archie Butler. (mjr) Related: [-]
Thursday, February 25, 2021
8		8 2 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Thu 02/25 11:17 AM ORDER finding as moot4 Motion for Leave to Proceed In Forma Pauperis. The Court further advises Butler that, if proper service is not made and shown to the Court through filed proofs of service or filed waivers of service beforethe 90th day after his filing of this action will be Monday, 4/12/2021 this case is subject to dismissal without prejudice unless he shows both (1) good cause for his failure to timely and properly effect service and (2) good cause for the Court to extend the time for service for an appropriate period. (Ordered by Magistrate Judge David L. Horan on 2/25/2021) (ykp) Related: [-]
Wednesday, January 13, 2021
7		7 3 pgs order Order on Motion to Appoint Counsel Wed 01/13 1:47 PM ORDER DENYING WITHOUT PREJUDICE5 MOTION TO APPOINT COUNSEL. (Ordered by Magistrate Judge David L. Horan on 1/13/2021) (mjr) Related: [-]
6		6 3 pgs order Order And Notice of Deficiency Wed 01/13 1:44 PM NOTICE OF DEFICIENCY AND ORDER REGARDING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS: Archie Butler must address the following deficiency: Pay the applicable filing fee. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 2/12/2021. (Ordered by Magistrate Judge David L. Horan on 1/13/2021) (mjr) Related: [-]
		misc Order Receipt Wed 01/13 1:47 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:6, 7. Wed Jan 13 13:47:56 CST 2021 (crt) Related: [-]
Monday, January 11, 2021
5		5 motion Appoint Counsel Mon 01/11 5:18 PM MOTION to Appoint Counsel filed by Archie Butler. (hml) Related: [-]
4		4 motion Proceed In Forma Pauperis Mon 01/11 5:15 PM MOTION for Leave to Proceed in forma pauperis filed by Archie Butler. (hml) Related: [-]
3		3 cmp Complaint Mon 01/11 5:13 PM COMPLAINT against Thomas Class, Jackie Estok, Federal Bureau of Investigation, Sandra Hollingshead, Jeff Rutherford, Niambi Tillman filed by Archie Butler. 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. (hml) Related: [-]
2		2 notice Notice and Instruction to Pro Se Party Mon 01/11 5:11 PM Notice and Instruction to Pro Se Party. (hml) Related: [-]
1		1 qcref Starr Mon 01/11 5:10 PM New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Initiating documents received by mail. 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. (hml) Related: [-]
		misc Order Receipt Mon 01/11 5:20 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Mon Jan 11 17:20:54 CST 2021 (crt) Related: [-]

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