Amended Docket-Control Order
What This Document Is
The court's amended docket-control order, signed by Judge Jeffrey Vincent Brown on March 1, 2024, setting a revised discovery and dispositive-motion schedule. The case caption on this order names only Mary Talley Bowden as plaintiff, in contrast to the three-plaintiff caption (Apter, Bowden, and Marik) on every prior docket entry in this set.
Factual Summary
The order sets three deadlines: discovery starts March 14, 2024; discovery completes June 14, 2024; and dispositive motions are due July 12, 2024. It is a short, one-page scheduling order with no accompanying explanation of the caption change. The single-plaintiff caption is consistent with the government's renewed motion to dismiss (Doc. 62.0) and reply (Doc. 67.0) arguing Apter's and Marik's standing theories were meritless -- Apter's disciplinary referral and Marik's expired license and voluntary resignation -- while treating Bowden's claims as requiring the most substantive factual analysis.
Key Facts
- The caption lists only "Mary Talley Bowden, Plaintiff," dropping Robert L. Apter and Paul E. Marik from the case style used in every other document in this set.
- Sets a revised schedule: discovery March 14-June 14, 2024; dispositive motions due July 12, 2024.
- Follows the renewed motion to dismiss (Doc. 62.0) and reply (Doc. 67.0) briefing on standing, filed January-February 2024.
- Signed by Judge Jeffrey Vincent Brown on Galveston Island.
Source Caveats
- The order itself does not state why Apter and Marik no longer appear in the caption; the underlying ruling that produced this change (presumably an order on the renewed motion to dismiss, docket entries 68-70) is not part of the files reviewed in this pass. This summary reports the caption change as an observed fact, not a confirmed holding, and the reason should be verified against the intervening order before being treated as adjudicated.
- Date
- 2024-03-14
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
MARY TALLEY BOWDEN,
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Plaintiff,
VS.
3:22-cv-184
U.S. DEPARTMENT OF HEALTH
AND HUMAN SERVICES, et al.,
Defendants.
AMENDED DOCKET-CONTROL ORDER
This case will be controlled by the following revised schedule:
DEADLINES
1. 3/14/2024 START OF DISCOVERY.
2. 6/14/2024 COMPLETION OF DISCOVERY. Written discovery requests are
not timely if they are filed so close to this deadline that the recipient
would not be required under the Federal Rules of Civil Procedure to
respond until after the deadline.
6. 7/12/2024 DISPOSITIVE MOTIONS.
Signed on Galveston Island this 1st day of March, 2024.
______________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE
United States District Court
Southern District of Texas
ENTERED
March 01, 2024
Nathan Ochsner, Clerk
Case 3:22-cv-00184 Document 71 Filed on 03/01/24 in TXSD Page 1 of 1File and source
- File
- gov.uscourts.txsd.1875135.71.0.pdf
- Size
- 98,732 bytes
- SHA-256
- caacd33adb61f9b7cff717e4fd4efe5ae2e084a23a0ad60c81b5cf61658761e2
- Original
- archive.org