Date: 10-31-2012
Case Style: Bruton Stephens v. City of Dallas
Case Number: 3:10-cv-00191-O-BD
Judge: Reed C O'Connor
Court: United States District Court for the Northern District of Texas (Dallas County)
Plaintiff's Attorney: Corinna Pia Chandler, Maureen Noble Armour, Marie Rovira, Gregory Brassfield and Eliot D. Shavin
Defendant's Attorney: Jennifer Carter Huggard, Nicholas D. Palmer, Ayeh Powers and Janice Smith Moss
Description: Bruton Stephens sued the City of Dallas on a civil rights violation theory claiming to have been discriminated against because of his race and then retaliated against when he complained. Stephens reported to his superiors a theft by a fellow employee. His complaints led his bosses to strip away his supervisory position before he was discharged.
Plaintiff was hired in 2003 as a senior electronics technician in the Department of Public Works and Transportation. It was reported to him by others that a city employee had stolen wood and metal poles from the City.
The City denied wrongdoing and claimed that Plaintiff was laid off because of a reduction in staff in 2009 because of budget problems and not because his complaints.
Court minutes since October 1, 2012:
10/01/2012 76 RESPONSE AND OBJECTION filed by City of Dallas re: 70 MOTION in Limine (Carter Huggard, Jennifer) (Entered: 10/01/2012)
10/01/2012 77 RESPONSE AND OBJECTION filed by Bruton Stephens, Sr re: 68 MOTION in Limine (Chandler, Corinna) (Entered: 10/01/2012)
10/02/2012 78 ORDER: Pretrial Conference set for 10/11/2012 at 10:30 AM before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 10/2/2012) (tln) (Entered: 10/02/2012)
10/04/2012 79 MOTION to Strike Witnesses from Plaintiff's Witness List and Pretrial Disclosures and, MOTION for Protective Order () filed by City of Dallas with Brief/Memorandum in Support. (Carter Huggard, Jennifer) (Entered: 10/04/2012)
10/04/2012 80 Appendix in Support filed by City of Dallas re 79 MOTION to Strike Witnesses from Plaintiff's Witness List and Pretrial Disclosures and MOTION for Protective Order (Attachments: # 1 Declaration(s) Declaration of Jennifer Carter Huggard (App. 1), # 2 Additional Page(s) Dallas City Charter, Chapter XI, §3 (App. 2-4), # 3 Additional Page(s) Milam v. City of San Antonio, 113 Fed Appx 622 (5th Cir. 2004) (unpublished) (App. 5-10)) (Carter Huggard, Jennifer) (Entered: 10/04/2012)
10/10/2012 81 Amended MOTION to Strike Witnesses from Plaintiff's Witness List and Pretrial Disclosures filed by City of Dallas with Brief/Memorandum in Support. (Carter Huggard, Jennifer) (Entered: 10/10/2012)
10/10/2012 82 Appendix in Support filed by City of Dallas re 81 Amended MOTION to Strike Witnesses from Plaintiff's Witness List and Pretrial Disclosures - Supplemental (Attachments: # 1 Additional Page(s) Tab 4 - App. 11-14, # 2 Additional Page(s) Tab 5 - App. 15-19) (Carter Huggard, Jennifer) (Entered: 10/10/2012)
10/11/2012 83 RESPONSE filed by Bruton Stephens, Sr re: 81 Amended MOTION to Strike Witnesses from Plaintiff's Witness List and Pretrial Disclosures (Chandler, Corinna) (Entered: 10/11/2012)
10/11/2012 84 Appendix in Support filed by Bruton Stephens, Sr re 83 Response/Objection (Attachments: # 1 Additional Page(s), # 2 Additional Page(s)) (Chandler, Corinna) (Entered: 10/11/2012) 10/11/2012 Hearing/Deadline Modification: Deadlines/hearings terminated and reset. Jury Trial RESET for 10/22/2012 09:00 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Reed C O'Connor. (chmb) (Entered: 10/11/2012)
10/11/2012 85 NOTICE of Attorney Appearance by Eliot D Shavin on behalf of Bruton Stephens, Sr. (Filer confirms contact info in ECF is current.) (Shavin, Eliot) (Entered: 10/11/2012)
10/11/2012 88 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Pretrial Conference held on 10/11/2012. Rulings made in open court. See transcript for details. Attorney Appearances: Plaintiff - Corinna Chandler; Defense - Jennifer Carter Huggard. (Court Reporter: Denver Roden) (No exhibits) Time in Court - 1:46. (chmb) (Entered: 10/17/2012)
10/16/2012 86 ORDER for the parties to meet and confer. See order for details. (Ordered by Judge Reed C O'Connor on 10/16/2012)(Judge Reed C O'Connor) (Entered: 10/16/2012)
10/16/2012 87 TRIAL BRIEF Regarding Initiation of Grievances and the Statute of Limitations Under the Texas Whistleblower Act by City of Dallas. (Carter Huggard, Jennifer) (Entered: 10/16/2012)
10/16/2012 Hearing/Deadline Modification: Joint Notice due by 10/19/2012. (per 86 Order). (twd) (Entered: 10/16/2012)
10/18/2012 89 Notice of Filing of Official Electronic Transcript of Pretrial Hearing Proceedings held on 10-11-12 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RPR, RMR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (107 pages) Redaction Request due 11/8/2012. Redacted Transcript Deadline set for 11/19/2012. Release of Transcript Restriction set for 1/16/2013. (dbr) (Entered: 10/18/2012)
10/19/2012 90 Joint STATUS REPORT Regarding Plaintiff's Exhibits filed by City of Dallas, Bruton Stephens, Sr. (Carter Huggard, Jennifer) (Entered: 10/19/2012)
10/19/2012 91 JOINT PRETRIAL ORDER. (Ordered by Judge Reed C O'Connor on 10/19/2012) (ctf) (Entered: 10/19/2012)
10/21/2012 92 RESPONSE filed by Bruton Stephens, Sr re: 32 MOTION for Summary Judgment (Chandler, Corinna) (Entered: 10/21/2012)
10/22/2012 93 RESPONSE filed by Bruton Stephens, Sr re: 32 MOTION for Summary Judgment (Chandler, Corinna) (Entered: 10/22/2012)
10/22/2012 94 Jury Roll. (ctf) (Entered: 10/22/2012)
10/22/2012 95 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Jury Trial begun on 10/22/2012. Trial Continued until 1:00pm on Thursday, October 25, 2012. (Court Reporter: Denver Roden) (Exhibits admitted) Time in Court - 5:18. (chmb) (Entered: 10/22/2012)
10/23/2012 96 Notice of Filing of Official Electronic Transcript of Trial Testimony (First Day) Bruton Stephens Proceedings held on 10-22-12 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RPR, RMR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (111 pages) Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/23/2012. Release of Transcript Restriction set for 1/22/2013. (dbr) (Entered: 10/23/2012)
10/25/2012 97 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Day #2 of Jury Trial held on 10/25/2012. Trial continued until 10/26/2012 at 9:00am. (Court Reporter: Denver Roden) (Exhibits admitted) Time in Court - 3:30. (chmb) (Entered: 10/26/2012)
10/26/2012 99 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Day # 3 of Jury Trial held on 10/26/2012. Trial continued until 10/29/2012 at 9:00am. (Court Reporter: Denver Roden) (Exhibits admitted) Time in Court - 7:00. (chmb) (Entered: 10/29/2012)
10/28/2012 98 Notice of Filing of Official Electronic Transcript of Testimony of Bruton Stephens - Second Day Proceedings held on 10-25-12 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RPR, RMR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (108 pages) Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/28/2012. Release of Transcript Restriction set for 1/28/2013. (dbr) (Entered: 10/28/2012)
10/29/2012 100 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Day #4 of Jury Trial held on 10/29/2012. Continued until 8:00am, 10/30/2012. (Court Reporter: Denver Roden) (Exhibits admitted) Time in Court - 7:00. (chmb) (Entered: 10/30/2012)
10/30/2012 101 Jury Note #1. (skt) (Entered: 10/30/2012)
10/30/2012 102 Jury Note #2. (skt) (Entered: 10/30/2012)
10/30/2012 103 Jury Note #3. (skt) (Entered: 10/30/2012)
10/30/2012 104 Jury Note #4. (skt) (Entered: 10/30/2012)
10/30/2012 105 Jury Charge. (skt) (Entered: 10/30/2012)
10/30/2012 JURY VERDICT. (See document #105 for image.) (skt) (Entered: 10/30/2012)
Outcome: Plaintiff's verdict for $209,000.00 including $13,000 in back pay and benefits, $2,000 for medical expenses and $195,000 for mental anguish.
Plaintiff's Experts:
Defendant's Experts:
Comments:
