Civil Rights Litigation Clearinghouse

Case: Moussazadeh v. Texas Dept. of Criminal Justice

3:07-cv-00574 | U.S. District Court for the Southern District of Texas

Filed Date: March 5, 2013

Closed Date: 2017

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Case Summary

On October 12, 2005, an inmate in the Eastham Unit of the Texas Department of Criminal Justice filed this lawsuit in the U.S. District Court for the Eastern District of Texas. The plaintiff sued the Texas Department of Criminal Justice (TDCJ), its executive director, and the warden of the Eastham Unit under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §2000, and Texas State Code §110.001. The plaintiff alleged that the TDCJ and specifically the Eastham Unit denied him access to a kosher diet, which he required as part of his sincere religious belief. The plaintiff, represented by private counsel, sought preliminary and permanent injunctive relief. This case was assigned to Judge George C. Hanks, Jr.

On December 19, 2005, this case was consolidated with a similar case also regarding the rights of a Jewish inmate under RLUIPA. On April 6, 2006, both parties moved to stay the litigation pending settlement negotiations to address both plaintiffs’ claims. This was approved on April 12, 2006. The court requested progress reports at the beginning of each month regarding the status of settlement negotiations. In September of 2006, the second plaintiff who joined the case passed away. The consolidation order was withdrawn on October 16, 2006.

The parties continued to file status reports on settlement negotiations, but on June 1, 2007 the plaintiff was transferred to the Stringfellow unit where a kosher kitchen was recently put in operation. On November 20, 2007, this case was transferred to the Southern District of Texas because the court determined that was a more proper venue as the Stringfellow unit was located in the Southern District. Based upon this transfer, on August 22, 2008, the defendants moved to dismiss the case and, in the alternative, moved for summary judgment. They argued that the plaintiff received the relief sought. However, the plaintiff filed an amended complaint on September 11, 2008 claiming that the defendants refused to guarantee that he would receive kosher meals if transferred to another unit.

On March 26, 2009, the court granted the defendants’ motion to dismiss on the grounds that the plaintiff received the relief sought. Further, the court ruled that the plaintiff’s amended complaint regarding the defendant’s future actions was inconsequential on the grounds that he could always file another suit and that government actors should be “accorded a presumption of good faith because they are public servants.”

The plaintiff appealed the judgment to the United States Court of Appeals for the Fifth Circuit on April 10, 2009. While the appeal was pending, the plaintiff was transferred to the Stiles Unit for disciplinary reasons. There, kosher meals were available for purchase but not provided. The Fifth Circuit remanded the case to the district court on February 5, 2010. The Fifth Circuit found that this case was no longer moot since the conditions the plaintiff complained of about had substantially changed following his transfer. 364 Fed. Appx. 110.

On December 10, 2010, the parties filed cross motions for summary judgment. Their motions were fully briefed and the Department of Justice Civil Rights Division (DOJ) filed a brief arguing that the defendants had not met their burden of demonstrating a compelling government interest to justify the substantial burden placed on the plaintiff given the refusal to provide him with a kosher diet. Further, the defendants did not show that this refusal was the least restrictive means of furthering the defendants’ interest.

On September 20, 2011, the court granted summary judgment in favor of the defendants on two grounds: (1) that the plaintiff’s claim was barred by the Prison Litigation Reform Act’s (PLRA) exhaustion requirement and (2) that the defendants established the plaintiff’s “lack of sincerity regarding [his] kosher practice as a matter of law.” 2011 WL 4376482. Since RLUIPA required the inmate show a substantial burden on his religious belief, a necessary component of this burden was to establish that his religious belief was sincere. The court found that the plaintiff only offered a conclusory declaration that his religious dietary needs were sincere, and rather “his personal desire to harass defendants with an unnecessary lawsuit took precedence…” Id.

The plaintiff filed an appeal on October 14, 2011 and on December 21, 2012 the Fifth Circuit reversed and remanded to the district court. The Fifth Circuit disagreed that the plaintiff’s claim was barred by the PLRA’s exhaustion requirement. The Court held, contra the district court, that the plaintiff did not need to “re-exhaust” his grievance due to the changed circumstances in the case. The Fifth Circuit also found that the defendants had not proved the plaintiff’s lack of sincerity and that religious lapses were not equal to insincerity. Accordingly, the Fifth Circuit found that there was a remaining factual question: whether there was a less restrictive means for minimizing costs and maintaining security than to force the plaintiff to pay for his kosher meal. The court said that if there was a less restrictive means, then RLUIPA commands that the defendants adopt it. 2012 WL 6635226.

This case went back to the district court where the discovery process continued until April 4, 2014 when the parties again moved to stay the case in order to negotiate a settlement. The parties ultimately reached a private settlement agreement. According to a court-mandated status report, the plaintiff had been moved from the Stiles Unit back to the Stringfellow Unit on April 18, 2013 where he was participating in the Jewish dietary program and receiving kosher meals. On January 8, 2016, both parties issued a Joint Stipulation of Dismissal, which was granted on March 31, 2017.

This case is now closed.

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Summary Authors

Nichollas Dawson (10/5/2017)

Hannah Greenhouse (3/22/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4397005/parties/moussazadeh-v-texas-department-of-criminal-justice/

Judge(s)

Barksdale, Rhesa Hawkins (Mississippi)

Dennis, James L. (Louisiana)

Hanks, George Carol Jr. (Texas)

Harmon, Melinda (Texas)

Jolly, E. Grady (Mississippi)

King, Carolyn Dineen (Texas)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Croft, William Scott (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Gardner, Allen M. (District of Columbia)

Judge(s)

Barksdale, Rhesa Hawkins (Mississippi)

Dennis, James L. (Louisiana)

Hanks, George Carol Jr. (Texas)

Harmon, Melinda (Texas)

Jolly, E. Grady (Mississippi)

King, Carolyn Dineen (Texas)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Croft, William Scott (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Gardner, Allen M. (District of Columbia)

Gaubatz, Derek L. (District of Columbia)

Goodrich, Luke W. (District of Columbia)

Knapp, James C. Jr. (District of Columbia)

Lee, Ronald H. (District of Columbia)

Murchison, Matthew Todd (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Palmer, David Paul (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rassbach, Eric C (District of Columbia)

Robinson, Anne Wylde (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

Cunniff, Celamine (Texas)

Moran, Nathaniel Q. (Texas)

Ward, George Baxter IV (Texas)

Other Attorney(s)

Rifkin, Lori Ellen (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:07-cv-00574	Docket [PACER]	April 10, 2017	April 10, 2017 Docket
1 3:07-cv-00574	Complaint U.S. District Court for the Eastern District of Texas	Oct. 12, 2005	Oct. 12, 2005 Complaint
135 3:07-cv-00574	Opinion on Dismissal 2009 WL 819497	March 26, 2009	March 26, 2009 Order/Opinion
09-40400	Opinion U. S. Court of Appeals for the Fifth Circuit 364 Fed.Appx. 110	Feb. 5, 2010	Feb. 5, 2010 Order/Opinion
211 3:07-cv-00574	Statement of Interest of The United States	April 8, 2011	April 8, 2011 Pleading / Motion / Brief
223 3:07-cv-00574	Opinion on Remand 2011 WL 4376482	Sept. 20, 2011	Sept. 20, 2011 Order/Opinion
236 3:07-cv-00574 09-40400	Appeals from the United States District Court for the Southern District of Texas Moussazadeh v. Texas Department of Criminal Justice U. S. Court of Appeals for the Fifth Circuit	Dec. 21, 2012	Dec. 21, 2012 Order/Opinion
09-40400	Opinion U. S. Court of Appeals for the Fifth Circuit 703 F.3d 781	Dec. 21, 2012	Dec. 21, 2012 Order/Opinion
09-40400	Opinion U. S. Court of Appeals for the Fifth Circuit 709 F.3d 487	Feb. 20, 2013	Feb. 20, 2013 Order/Opinion
242 3:07-cv-00574	Order 2014 WL 897928	March 6, 2014	March 6, 2014 Order/Opinion

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Resources

Title	Description		External URL Date / External URL

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4397005/moussazadeh-v-texas-department-of-criminal-justice/

Last updated June 1, 2022, 3:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	Prisoner Civil Rights COMPLAINT against TDCJ-CID, Brad Livingston, David Sweeten (Filing fee $ 250.00) filed by Max Moussazadeh.(ceaton, ) (Entered: 12/17/2007)	Oct. 12, 2005	Oct. 12, 2005 RECAP
2	(APPROVED) MOTION for Dane Holbrook to Appear Pro Hac Vice by Max Moussazadeh, filed. (ceaton, ) (Entered: 12/17/2007)	Oct. 12, 2005	Oct. 12, 2005 PACER
3	(APPROVED) MOTION for Derek L Gaubatz to Appear Pro Hac Vice by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/17/2007)	Oct. 12, 2005	Oct. 12, 2005 PACER
4	(APPROVED) MOTION for Joshua Chandler to Appear Pro Hac Vice by Max Moussazadeh, filed.(ceaton, ) (Entered: 12/17/2007)	Oct. 12, 2005	Oct. 12, 2005 PACER
5	(APPROVED) MOTION for Allen Gardner to Appear Pro Hac Vice by Max Moussazadeh, filed. (ceaton, ) (Entered: 12/17/2007)	Oct. 12, 2005	Oct. 12, 2005 PACER
6	(APPROVED) MOTION for Parker Douglas to Appear Pro Hac Vice by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/17/2007)	Oct. 12, 2005	Oct. 12, 2005 PACER
7	Magistrate Consent Form E-Mailed to Max Moussazadeh attorney's of record (ceaton, ) (Entered: 12/17/2007)	Oct. 12, 2005	Oct. 12, 2005 PACER
8	ANSWER to 1 Complaint with Jury Demand by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/17/2007)	Nov. 8, 2005	Nov. 8, 2005 PACER
9	PARTIAL MOTION to Dismiss 1 Complaint by TDCJ-CID, Brad Livingston, David Sweeten, filed.. (Attachments: # 1 Proposed Order)(ceaton, ) (Entered: 12/17/2007) 1 Proposed Order View on PACER	Nov. 8, 2005	Nov. 8, 2005 PACER
10	RETURN of Service Executed as to TDCJ-CID on 10/28/05, filed.(ceaton, ) (Entered: 12/17/2007)	Nov. 15, 2005	Nov. 15, 2005 PACER
11	RETURN of Service Executed as to Brad Livingston on 10/20/05, filed.(ceaton, ) (Entered: 12/17/2007)	Nov. 15, 2005	Nov. 15, 2005 PACER
12	RETURN of Service Executed as to Brad Livingston Executive Director of the Texas Dept of Criminal Justice by delivering to Tina Rodriguez authorized to accept was served on 10/20/05, filed.(ceaton, ) (Entered: 12/17/2007)	Nov. 15, 2005	Nov. 15, 2005 PACER
13	RESPONSE in Opposition to 9 MOTION to Dismiss 1 Complaint, filed by Max Moussazadeh. (Attachments: # 1 Proposed Order)(ceaton, ) (Entered: 12/17/2007) 1 Proposed Order View on PACER	Nov. 23, 2005	Nov. 23, 2005 PACER
14	MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Partial Motion to Dismiss by Liberty Legal Institute, filed. (Attachments: # 1 Brief)(ceaton, )*Document deficient (no certificate of conference or certificate of service. Please ignore.* (Entered: 12/17/2007) 1 Brief View on PACER	Nov. 30, 2005	Nov. 30, 2005 PACER
15	REPORT of Rule 26(f)Planning Meeting by The Becket Fund for Religious Liberty, filed.(ceaton, ) (Entered: 12/17/2007)	Dec. 1, 2005	Dec. 1, 2005 PACER
16	NOTICE of Appearance by George Ward on behalf of TDCJ-CID, Brad Livingston, David Sweeten, filed. (ceaton, ) (Entered: 12/17/2007)	Dec. 2, 2005	Dec. 2, 2005 PACER
17	MOTION to Consolidate Cases by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/17/2007)	Dec. 2, 2005	Dec. 2, 2005 PACER
18	RESPONSE/ REPLY to Response to 9 MOTION to Dismiss 1 Complaint, filed by TDCJ-CID, Brad Livingston, David Sweeten. (ceaton, ) (Entered: 12/17/2007)	Dec. 5, 2005	Dec. 5, 2005 PACER
19	SCHEDULING ORDER setting cae specific deadlines. Signed by Judge Judith K Guthrie, filed.(ceaton, ) (Entered: 12/17/2007)	Dec. 5, 2005	Dec. 5, 2005 PACER
20	NOTICE of Disclosure by TDCJ-CID, Brad Livingston, David Sweeten, filed. (ceaton, ) (Entered: 12/17/2007)	Dec. 9, 2005	Dec. 9, 2005 PACER
21	NOTICE of Disclosure by Max Moussazadeh, filed. (ceaton, ) (Entered: 12/17/2007)	Dec. 9, 2005	Dec. 9, 2005 PACER
22	MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Partial Motion to Dismiss by Liberty Legal Institute, filed.. (Attachments: # 1 Brief# 2 Proposed Order)(ceaton, ) (Entered: 12/17/2007) 1 Brief View on PACER 2 Proposed Order View on PACER	Dec. 9, 2005	Dec. 9, 2005 PACER
23	APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Max Moussazadeh, filed. (Attachments: # 1 # 2 Exhibit # 3 Exhibit)(ceaton, ) (Entered: 12/17/2007) 2 Exhibit View on PACER 3 Exhibit View on PACER	Dec. 19, 2005	Dec. 19, 2005 PACER
24	WITHDRAWN PER (62) ORDERORDER granting Motion to consolidate cases. It is Ordered that Moussazadeh vs TDCJ #9:05cv197 and David vs TDCJ #9:04cv5, are consolidated with the lead case being Civil Action No. 9:05cv197. The scheduling order previously entered in Civil Action 9:05cv197 remains in effect and will govern the consolidated cases.Signed by Judge Judith K. Guthrie on 12/19/05, filed.(ceaton, ) (Entered: 12/17/2007)	Dec. 19, 2005	Dec. 19, 2005 PACER
25	ORDER granting Motion for Leave to File amicus curiae brief of Liberty Legal Institute in opposition to dft's partial motion to dismiss. The Clerk shall file the amicus brief attached to the motion for leave. Signed by Judith K Guthrie.() Parties notified.(ceaton, ) (Entered: 12/17/2007)	Dec. 19, 2005	Dec. 19, 2005 PACER
26	AMICUS CURIAE BRIEF by Liberty Legal Institute, filed.(ceaton, ) (Entered: 12/18/2007)	Dec. 19, 2005	Dec. 19, 2005 PACER
27	NOTICE of Disclosure by Brad Livingston, David Sweeten, TDCJ-CID, filed. (ceaton, ) (Entered: 12/18/2007)	Dec. 22, 2005	Dec. 22, 2005 PACER
28	NOTICE by David Sweet, TDCJ-CID, Brad Livingston re: 23 Appeal of Magistrate Judge Decision to District Court, Defendants Response to Plaintiff's Objections to Magistrate Judges Scheduling Order by TDCJ-CID, Brad Livingston, David Sweeten, filed. (ceaton, ) (Entered: 12/18/2007)	Dec. 30, 2005	Dec. 30, 2005 PACER
29	OBJECTIONS to the Courts denial of (80) Motion to Intervene in 9:04-CV5, filed by Ricky Long. (ceaton, ) (Entered: 12/18/2007)	Jan. 4, 2006	Jan. 4, 2006 PACER
30	MOTION for Reconsideration of (80) Motion to Intervene filed in the consolidated case 9:04-CV-5 by Ricky Long, filed.. (ceaton, ) (Entered: 12/18/2007)	Jan. 4, 2006	Jan. 4, 2006 PACER
31	NOTICE By Max Moussazadeh re: 28 Notice Plaintiff's Reply in Support of Objections to Magistrate Judge's Scheduling Order, filed. (ceaton, ) (Entered: 12/18/2007)	Jan. 6, 2006	Jan. 6, 2006 PACER
32	REPORT AND RECOMMENDATIONS that (57) and (57) Motions for Summary Judgment (filed in Civil Action No. 9:04cv5) should be denied without prejudice. Signed by Judith K Guthrie on 1/8/06 Objections to R&R due by 1/24/2006. Parties notified.(ceaton, ) (Entered: 12/18/2007)	Jan. 9, 2006	Jan. 9, 2006 PACER
33	REPORT AND RECOMMENDATIONS that the (9)Motion to Dismiss filed by TDCJ-CID, Brad Livingston, David Sweeten be granted and that the TRFA claim be dismissed without prejudice to being pursued in state court. Signed by Judge Judith K Guthrie on 1/9/06. Objections to R&R due by 1/24/2006. Parties notified.(ceaton, ) (Entered: 12/18/2007)	Jan. 9, 2006	Jan. 9, 2006 PACER
34	NOTICE of Disclosure by TDCJ-CID, Brad Livingston, David Sweeten Notice of Second Supplemental Disclosure, filed. (ceaton, ) (Entered: 12/18/2007)	Jan. 10, 2006	Jan. 10, 2006 PACER
35	ACKNOWLEDGMENT OF SERVICE on 1/5/06 re: (24) Order on Motion to Consolidate Cases received on 1/5/06, filed.(ceaton, ) (Entered: 12/18/2007)	Jan. 10, 2006	Jan. 10, 2006 PACER
36	ORDER denying 23 objection to the scheduling order and denying 29 Objections and denying 30 MOTION for Reconsideration. Plaintiffs and defendants need to designate a lead attorney, and documents should be filed only by the designated lead attorney. Signed by Judge Thad Heartfield. Parties notified.(ceaton, ) (Entered: 12/18/2007)	Jan. 11, 2006	Jan. 11, 2006 PACER
37	NOTICE of Appearance by Marjolyn Carol Gardner on behalf of TDCJ-CID, Brad Livingston, David Sweeten, filed. (ceaton, ) (Entered: 12/18/2007)	Jan. 12, 2006	Jan. 12, 2006 PACER
38	NOTICE of Appearance by Dane A Holbrook on behalf of Max Moussazadeh, filed. (ceaton, ) (Entered: 12/18/2007)	Jan. 13, 2006	Jan. 13, 2006 PACER
39	ACKNOWLEDGMENT OF SERVICE by Max Moussazadeh on 1/13/06 re: (32) Report and Recommendations, filed.(ceaton, ) (Entered: 12/18/2007)	Jan. 19, 2006	Jan. 19, 2006 PACER
40	ACKNOWLEDGMENT OF SERVICE by Max Moussazadeh on 1/13/06 re: (33) Report and Recommendations, filed.(ceaton, ) (Entered: 12/18/2007)	Jan. 19, 2006	Jan. 19, 2006 PACER
41	MOTION to Amend/Correct Unopposed Motion to Adopt Pleadings and Orders by by TDCJ-CID, Brad Livingston, David Sweeten, filed.. (ceaton, ) (Entered: 12/18/2007)	Jan. 24, 2006	Jan. 24, 2006 PACER
42	ORDER granting 41 MOTION to Amend /Adopt Pleadings and Orders. All pleadings and the Court's order regarding the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 filed in Civil Action No. 9:04cv5 are incorporated in the consolidated cases. Signed by Judge Thad Heartfield. Parties notified.(ceaton, ) (Entered: 12/18/2007)	Jan. 26, 2006	Jan. 26, 2006 PACER
43	OBJECTIONS to 32 Report and Recommendations, filed by Gerald Yale David. (ceaton, ) (Entered: 12/18/2007)	Jan. 30, 2006	Jan. 30, 2006 PACER
44	NOTICE by Gerald Yale David regarding mail, filed. (ceaton, ) (Entered: 12/18/2007)	Feb. 3, 2006	Feb. 3, 2006 PACER
45	MOTION for Reconsideration of 36 Order, by Gerald Yale David, filed.. (ceaton, ) (Entered: 12/18/2007)	Feb. 3, 2006	Feb. 3, 2006 PACER
46	ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 32 Report and Recommendations. and denying without prejudice the Motions for Summary Judgment (docket entry numbers 57 & 58 filed in Civil Action No.9:04cv5). Signed by Judge Thad Heartfield. Parties notified.(ceaton, ) (Entered: 12/18/2007)	Feb. 6, 2006	Feb. 6, 2006 PACER
47	ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 33 Report and Recommendations, and granting (9) Motion to Dismiss plaintiff's TRFA claim. Plaintiff's TRFA claim is dismissed without prejudice to being pursued in state court. Signed by Judge Thad Heartfield. Parties notified.(ceaton, ) (Entered: 12/18/2007)	Feb. 6, 2006	Feb. 6, 2006 PACER
48	MOTION to Amend/Correct 19 Scheduling Order by TDCJ-CID, Brad Livingston, David Sweeten, filed.. (ceaton, ) (Entered: 12/18/2007)	Feb. 6, 2006	Feb. 6, 2006 PACER
49	ORDER denying 45 MOTION for Reconsideration of 36 Order,.The Clerk shall return unfiled any new motion filed by Long or any other party that seeks to permit Long to intervene in this lawsuit. Signed by Judge Thad Heartfield, Parties notified.(ceaton, ) (Entered: 12/18/2007)	Feb. 8, 2006	Feb. 8, 2006 PACER
50	ORDER granting 48 MOTION to Amend 19 Scheduling Order. The new deadlines in effect are as follows: 5/3/06-completion of discovery; 5/31/06-file dispositive motions; 6/16/06-file responses to dispositive motions. Signed by Judge Judith K Guthrie. Parties notified.(ceaton, ) (Entered: 12/18/2007)	Feb. 8, 2006	Feb. 8, 2006 PACER
52	ACKNOWLEDGMENT OF SERVICE by Max Moussazadeh on 2/22/06 re: (50) Order on Motion to Amend/Correct, filed.(ceaton, ) (Entered: 12/18/2007)	Feb. 24, 2006	Feb. 24, 2006 PACER
53	NOTICE by TDCJ-CID, Brad Livingston, David Sweeten of Vaction, filed. (ceaton, ) (Entered: 12/18/2007)	April 6, 2006	April 6, 2006 PACER
54	JOINT MOTION to Stay Litigation by TDCJ-CID, Brad Livingston, David Sweeten, Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/18/2007)	April 7, 2006	April 7, 2006 PACER
55	ORDER granting 54 MOTION to Stay. All deadlines are tolled until further orders are issued by the Court. The Parties are to submit a joint status report at the beginning of each month, starting on 6/1/06, regarding the status of efforts to reach a settlementSigned by Judge Judith K Guthrie Parties notified.(ceaton, ) (Entered: 12/18/2007)	April 12, 2006	April 12, 2006 PACER
56	MOTION for Extension of Time to file Settlement Report by TDCJ-CID, Brad Livingston, David Sweeten, filed.. (ceaton, ) (Entered: 12/18/2007)	May 26, 2006	May 26, 2006 PACER
57	ORDER granting 56 MOTION for Extension of Time to file Settlement Report. The first settlement report is now due by 7/1/06. Signed by Judge Judith K Guthrie Parties notified.(ceaton, ) (Entered: 12/18/2007)	May 30, 2006	May 30, 2006 PACER
58	STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, Max Moussazadeh, filed.(ceaton, ) (Entered: 12/18/2007)	June 30, 2006	June 30, 2006 PACER
51	ACKNOWLEDGMENT OF SERVICE by Max Moussazadeh on 2/22/06 re: (46) Order Adoping Report and Recommendations, (47) Order Adopting Report and Recommendations, filed.(ceaton, ) (Entered: 12/18/2007)	July 24, 2006	July 24, 2006 PACER
59	STATUS REPORT for July 2006 (Joint) by TDCJ-CID, Brad Livingston, David Sweeten, Max Moussazadeh, filed.(ceaton, ) Modified on 12/18/2007 (ceaton, ). (Entered: 12/18/2007)	Aug. 1, 2006	Aug. 1, 2006 PACER
60	STATUS REPORT for August 2006 by TDCJ-CID, Brad Livingston, David Sweeten, Max Moussazadeh, filed.(ceaton, ) Additional attachment(s) added on 12/18/2007 (ceaton, ). (Entered: 12/18/2007)	Oct. 6, 2006	Oct. 6, 2006 PACER
61	STATUS REPORT For September 2006, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	Oct. 6, 2006	Oct. 6, 2006 PACER
62	ORDER WITHDRAWING (24) Order on Motion to Consolidate Cases. Signed by Judge Judith K Guthrie.( Parties notified.(ceaton, ) (Entered: 12/18/2007)	Oct. 16, 2006	Oct. 16, 2006 PACER
63	STATUS REPORT October 2006, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) Modified on 12/20/2007 (ltien, ). (Entered: 12/18/2007)	Nov. 20, 2006	Nov. 20, 2006 PACER
64	STATUS REPORT for November 2006, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	Dec. 4, 2006	Dec. 4, 2006 PACER
65	STATUS REPORT for January and February 2007 by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	Jan. 26, 2007	Jan. 26, 2007 PACER
66	NOTICE of Appearance by David Paul Palmer on behalf of Max Moussazadeh, filed. (ceaton, ) (Entered: 12/18/2007)	Feb. 26, 2007	Feb. 26, 2007 PACER
67	STATUS REPORT for March 2007, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	March 1, 2007	March 1, 2007 PACER
68	ORDER SETTING STATUS CONFERENCE, Status Conference set for 4/25/07 10:00 AM before Magistrate Judge Judith K Guthrie in Tyler. The State of Texas shall produce Max Moussazadeh at the US Marshal's office for this hearing. Signed by Judge Judith K Guthrie.() Parties notified.(ceaton, ) (Entered: 12/18/2007)	March 5, 2007	March 5, 2007 PACER
69	MOTION for Dane Holbrook, Joshua Chandler and Parker Douglas to Withdraw as Attorney by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/18/2007)	March 13, 2007	March 13, 2007 PACER
70	ORDER granting 69 MOTION for Dane Holbrook, Joshua Chandler and Parker Douglas to Withdraw as Attorney. Signed by Judge Judith K Guthrie, Parties notified.(ceaton, ) Modified on 12/18/2007 (ceaton, ). (Entered: 12/18/2007)	March 15, 2007	March 15, 2007 PACER
71	(approved-fees paid) MOTION for William Scott Croft to Appear Pro Hac Vice by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/18/2007)	March 27, 2007	March 27, 2007 PACER
72	STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	April 2, 2007	April 2, 2007 PACER
73	Minute Entry for proceedings held before Judge Judith K Guthrie: Status Conference held on 4/25/07. Court continues stay and requirement that monthly status report be filed. Court reporter Ron Mason(ceaton, ) (Entered: 12/18/2007)	April 25, 2007	April 25, 2007 PACER
74	EXHIBITSWitness List from Status Conference, filed.(ceaton, ) (Entered: 12/18/2007)	April 25, 2007	April 25, 2007 PACER
75	STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	June 1, 2007	June 1, 2007 PACER
76	STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	July 2, 2007	July 2, 2007 PACER
77	STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	Aug. 9, 2007	Aug. 9, 2007 PACER
78	STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)	Sept. 5, 2007	Sept. 5, 2007 PACER
79	STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/19/2007)	Oct. 3, 2007	Oct. 3, 2007 PACER
80	TRANSCRIPT of Proceedings held on 4/25/07, before Judge Judith K Guthrie, Court Reporter: Ron Mason. (ceaton, ) Additional attachment(s) added on 12/21/2007 (ltien, ). (Entered: 12/19/2007)	Oct. 5, 2007	Oct. 5, 2007 PACER
81	NOTICE by TDCJ-CID, Brad Livingston, David Sweeten(Vacation Notice/Letter), filed. (ceaton, ) (Entered: 12/19/2007)	Oct. 15, 2007	Oct. 15, 2007 PACER
82	STATUS REPORT by Max Moussazadeh, filed.(ceaton, ) (Entered: 12/19/2007)	Nov. 9, 2007	Nov. 9, 2007 PACER
83	NOTICE of Appearance by Ronald H Lee on behalf of Max Moussazadeh, filed. (ceaton, ) (Entered: 12/19/2007)	Nov. 19, 2007	Nov. 19, 2007 PACER
84	MOTION for David P Palmer to Withdraw as Attorney by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/19/2007)	Nov. 19, 2007	Nov. 19, 2007 PACER
85	MOTION to Lift Stay by Max Moussazadeh, filed.. (ceaton, ) Modified on 2/12/2008 (ltrevino, ). (Entered: 12/19/2007)	Nov. 19, 2007	Nov. 19, 2007 PACER
86	ORDER transferring this case to the Southern District of Texas, Galveston Division, Signed by Judge Judith K Guthrie. Parties notified.(ceaton, ) (Entered: 12/19/2007)	Nov. 20, 2007	Nov. 20, 2007 PACER
87	STATUS REPORT for October 2007, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/19/2007)	Nov. 20, 2007	Nov. 20, 2007 PACER
88	Additional Attachments to Main Document (85) Motion to Lift Stay by Max Moussazadeh, filed.(ceaton, ) (Entered: 12/19/2007)	Nov. 27, 2007	Nov. 27, 2007 PACER
89	Case transferred in from Eastern District of Texas Lufkin Division. Case Number 9:05-CV-197 certified copy of transfer order, certified docket sheet, and transfer letter received.(ceaton, ) (Entered: 12/19/2007)	Dec. 13, 2007	Dec. 13, 2007 PACER
90	MOTION for Allen M Gardner to Appear Pro Hac Vice by Max Moussazadeh, filed. Motion Docket Date 1/15/2008. (ceaton, ) (Entered: 12/27/2007)	Dec. 26, 2007	Dec. 26, 2007 PACER
91	MOTION for Ronald H Lee to Appear Pro Hac Vice by Max Moussazadeh, filed. Motion Docket Date 1/15/2008. (ceaton, ) (Entered: 12/27/2007)	Dec. 26, 2007	Dec. 26, 2007 PACER
92	ORDER granting 90 Allen M Gardner's Motion to Appear Pro Hac Vice.( Signed by Judge Melinda Harmon ) Parties notified.(htippen, ) (Entered: 01/03/2008)	Jan. 3, 2008	Jan. 3, 2008 PACER
93	ORDER granting 91 Ronald H. Lee's Motion to Appear Pro Hac Vice.( Signed by Judge Melinda Harmon ) Parties notified.(htippen, ) (Entered: 01/03/2008)	Jan. 3, 2008	Jan. 3, 2008 PACER
94	MOTION for Eric C Rassbach to Appear Pro Hac Vice by Max Moussazadeh, filed. Motion Docket Date 1/30/2008. (ceaton, ) (Entered: 01/11/2008)	Jan. 10, 2008	Jan. 10, 2008 PACER
95	Mail Returned Undeliverable as to attorney William Scott Croft re: 92 Order on Motion to Appear Pro Hac Vice, filed. (ckrus, ) (Entered: 01/24/2008)	Jan. 23, 2008	Jan. 23, 2008 PACER
97	Mail Returned Undeliverable as to attorney David Paul Palmer re: 92 Order on Motion to Appear Pro Hac Vice, filed. (kosborne, ) (Entered: 02/12/2008)	Feb. 8, 2008	Feb. 8, 2008 PACER
96	Unopposed MOTION for William Scott Croft to Withdraw as Attorney by Max Moussazadeh, filed. Motion Docket Date 3/3/2008. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Lee, Ronald) (Entered: 02/11/2008) 1 Proposed Order View on PACER 2 Certificate of Service View on PACER	Feb. 11, 2008	Feb. 11, 2008 PACER
98	Mail Returned Undeliverable as to attorney William Scott Croft re: 93 Order on Motion to Appear Pro Hac Vice, filed. (jdav, ) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008 PACER
99	Unopposed MOTION for Entry of Order re: Discovery Plan by Max Moussazadeh, filed. Motion Docket Date 3/6/2008. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Lee, Ronald) (Entered: 02/15/2008) 1 Proposed Order View on PACER 2 Certificate of Service View on PACER	Feb. 15, 2008	Feb. 15, 2008 PACER
100	Mail Returned Undeliverable as to attorney David Paul Palmer re: 93 Order on Motion to Appear Pro Hac Vice, filed. (Address Updated & Order Re-Noticed) (bdaniel, ) (Entered: 02/27/2008)	Feb. 27, 2008	Feb. 27, 2008 PACER