Polnac v. City of Sulphur Springs, City of, et al
| MICHAEL POLNAC |
| JOSHUA DAVIS, City of Sulphur Springs, Texas, JUSTIN FINDLEY and Sulphur Springs, City of |
| 4:2020cv00666 |
| September 2, 2020 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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The Court hereby CANCELS the March 16, 2023 Scheduling Conference; the Court will enter a Scheduling Order. (No attachment) (tls)
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Filing 50
NOTICE of Attorney Appearance by Lacey Turley Most on behalf of MICHAEL POLNAC (Most, Lacey)
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Filing 49
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order)(Davis, Robert)
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Filing 48
NOTICE of Discovery Disclosure by MICHAEL POLNAC (Turley, Ronald)
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Filing 47
NOTICE of Discovery Disclosure by JOSHUA DAVIS, JUSTIN FINDLEY, Sulphur Springs, City of (Davis, Robert)
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Filing 46
ORDER GOVERNING PROCEEDINGS - Rule 16 management Conference set for 3/16/2023 09:30 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 1/25/2023. (ch, )
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Filing 45
MEMORANDUM OPINION AND ORDER re #42 MOTION for Judgment on the Pleadings On Plaintiff's Unlawful Arrest claim filed by JOSHUA DAVIS, JUSTIN FINDLEY. Signed by District Judge Amos L. Mazzant, III on 4/29/2022. (mem)
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Filing 44
REPLY to Response to Motion re #42 MOTION for Judgment on the Pleadings On Plaintiff's Unlawful Arrest claim filed by JOSHUA DAVIS, JUSTIN FINDLEY. (Davis, Robert)
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Filing 43
RESPONSE in Opposition re #42 MOTION for Judgment on the Pleadings On Plaintiff's Unlawful Arrest claim filed by MICHAEL POLNAC. (Attachments: #1 Text of Proposed Order)(Nguyen, T)
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Filing 42
MOTION for Judgment on the Pleadings On Plaintiff's Unlawful Arrest claim by JOSHUA DAVIS, JUSTIN FINDLEY. (Attachments: #1 Exhibit Docket Resisting, #2 Exhibit Information Resisting, #3 Exhibit Docket Interference, #4 Exhibit Information Interference, #5 Exhibit Arrest Report, #6 Exhibit Magistrate Warning Resisting, #7 Exhibit Magistrate Warning Interference, #8 Text of Proposed Order)(Davis, Robert)
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Filing 41
ANSWER to #40 Amended Complaint by JOSHUA DAVIS, JUSTIN FINDLEY, Sulphur Springs, City of.(Davis, Robert)
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Filing 40
AMENDED COMPLAINT (Second Amended) against All Defendants, filed by MICHAEL POLNAC.(Nguyen, T)
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Filing 39
MEMORANDUM OPINION AND ORDER. It is Ordered that Officers Davis and Findley's First Amended Motion to Dismiss (Dkt. #25 ) is hereby GRANTED in part and DENIED in part. It is further ORDERED that the City of Sulphur Springs' First Amended Motion to Dismiss (Dkt. #26 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 08/18/2021. (las)
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Filing 38
REPLY to Response to Motion re #26 Amended MOTION to Dismiss filed by City of Sulphur Springs, Texas. (Davis, Robert)
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Filing 37
REPLY to Response to Motion re #25 Amended MOTION to Dismiss filed by JOSHUA DAVIS, JUSTIN FINDLEY. (Davis, Robert)
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Filing 36
RESPONSE in Opposition re #26 Amended MOTION to Dismiss filed by MICHAEL POLNAC. (Attachments: #1 Text of Proposed Order)(Nguyen, T)
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Filing 35
RESPONSE in Opposition re #25 Amended MOTION to Dismiss filed by MICHAEL POLNAC. (Attachments: #1 Text of Proposed Order)(Nguyen, T)
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Filing 34
ORDER granting #31 Motion for Extension of Time to File Response/Reply re #26 Amended MOTION to Dismiss , #25 Amended MOTION to Dismiss. Responses due by 1/22/2021 Replies due by 2/5/2021. Signed by District Judge Amos L. Mazzant, III on 1/4/2021. (rpc, )
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Filing 33
ORDER denying as moot #12 Motion to Dismiss. Signed by District Judge Amos L. Mazzant, III on 12/30/2020. (las)
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Filing 32
ORDER denying as moot #13 Motion to Dismiss. Signed by District Judge Amos L. Mazzant, III on 12/30/2020. (las)
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Filing 31
Agreed MOTION for Extension of Time to File Response/Reply as to #26 Amended MOTION to Dismiss , #25 Amended MOTION to Dismiss by MICHAEL POLNAC. (Attachments: #1 Text of Proposed Order)(Nguyen, T)
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Filing 30
REPLY to Response to Motion re #13 MOTION to Dismiss filed by City of Sulphur Springs, Texas. (Davis, Robert)
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Filing 29
REPLY to Response to Motion re #12 MOTION to Dismiss filed by JOSHUA DAVIS, JUSTIN FINDLEY. (Davis, Robert)
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Filing 28
RESPONSE in Opposition re #13 MOTION to Dismiss filed by MICHAEL POLNAC. (Attachments: #1 Text of Proposed Order)(Nguyen, T)
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Filing 27
RESPONSE in Opposition re #12 MOTION to Dismiss filed by MICHAEL POLNAC. (Attachments: #1 Text of Proposed Order)(Nguyen, T)
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Filing 26
Amended MOTION to Dismiss by City of Sulphur Springs, Texas. (Attachments: #1 Text of Proposed Order)(Davis, Robert)
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Filing 25
Amended MOTION to Dismiss by JOSHUA DAVIS, JUSTIN FINDLEY. (Attachments: #1 Exhibit 911 Call (placeholder), #2 Exhibit Calls for Service, #3 Exhibit Body Camera videos (placeholder), #4 Exhibit Facebook postings by Plaintiff, #5 Exhibit Docketsheet Resisting, #6 Exhibit Information Resisting, #7 Exhibit Docketsheet Interference, #8 Exhibit Information Interference, #9 Exhibit TCOLE summary Davis, #10 Exhibit TCOLE summary Findley, #11 Text of Proposed Order)(Davis, Robert)
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Filing 24
ORDER granting #22 Motion for Leave to File. First Amended Complaint Dkt. #23 is hereby deemed filed. Signed by District Judge Amos L. Mazzant, III on 12/16/2020. (rpc, )
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Filing 23
AMENDED COMPLAINT (First) against All Defendants, filed by MICHAEL POLNAC.(Nguyen, T)
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Filing 22
Unopposed MOTION for Leave to File First Amended Complaint by MICHAEL POLNAC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Nguyen, T)
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Filing 21
ORDER granting #20 Motion for Extension of Time to File Responses. IT IS ORDERED that Plaintiff's deadline to respond to the Defendants' Motions to Dismiss is December 21, 2020 and Defendants' deadline to reply is January 4, 2021. Signed by District Judge Amos L. Mazzant, III on 11/30/2020. (rpc, )
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Filing 20
Agreed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss , #12 MOTION to Dismiss by MICHAEL POLNAC. (Attachments: #1 Text of Proposed Order)(Nguyen, T)
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Filing 19
ORDER granting #16 Unopposed Motion to Stay Discovery and for Abatement of any Order for Rule 26 Conference Pending Determination of Motions to Dismiss and Asserted Immunity. IT IS THEREFORE ORDERED that the Order Governing Proceedings (Dkt. #15 ) issued November 3, 2020, be and hereby is withdrawn. IT IS FURTHER ORDERED that all discovery and Rule 26 conference and scheduling requirements in this matter are STAYED until the Court rules upon any Motion to Dismiss or other dispositive motion which have been or may be filed by any of the Defendants herein. Signed by District Judge Amos L. Mazzant, III on 11/10/2020. (rpc, )
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Filing 18
ORDER granting #17 Motion for Extension of Time to File Response to #12 MOTION to Dismiss and #13 MOTION to Dismiss. Responses due by 12/4/2020 Replies due by 12/18/2020. Signed by District Judge Amos L. Mazzant, III on 11/5/2020. (rpc, )
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Filing 17
Agreed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss , #12 MOTION to Dismiss by MICHAEL POLNAC. (Attachments: #1 Text of Proposed Order)(Nguyen, T)
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Received CD containing Exhibit 1 and Exhibit 3 to #12 Motion to Dismiss and placed in Vault (Sherman). (baf, )
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Filing 16
Unopposed MOTION to Stay re #15 Order,, Set Deadlines/Hearings, and Stay Discovery pending resolution of immunity issues by City of Sulphur Springs, Texas, JOSHUA DAVIS, JUSTIN FINDLEY. (Attachments: #1 Text of Proposed Order)(Davis, Robert)
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Filing 15
***WITHDRAWN PER DKT #19 . PLEASE DISREGARD.*** ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 12/7/2020. Rule 16 Management Conference set for 1/5/2021 at 11:30 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 11/2/2020. (rpc, ) Modified on 11/10/2020 (rpc, ).
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Filing 14
NOTICE by City of Sulphur Springs, Texas, JOSHUA DAVIS, JUSTIN FINDLEY re #12 MOTION to Dismiss filing of CDS containing 911 call and videos (Davis, Robert)
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Filing 13
MOTION to Dismiss by City of Sulphur Springs, Texas. (Attachments: #1 Text of Proposed Order)(Davis, Robert)
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Filing 12
MOTION to Dismiss by JOSHUA DAVIS, JUSTIN FINDLEY. (Attachments: #1 Exhibit 911 Call (placeholder), #2 Exhibit Calls for Service, #3 Exhibit Body Camera videos (placeholder), #4 Exhibit Facebook postings by Plaintiff, #5 Exhibit Docketsheet Resisting, #6 Exhibit Information Resisting, #7 Exhibit Docketsheet Interference, #8 Exhibit Information Interference, #9 Exhibit TCOLE summary Davis, #10 Exhibit TCOLE summary Findley, #11 Text of Proposed Order)(Davis, Robert)
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Filing 11
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re City of Sulphur Springs, Texas, JOSHUA DAVIS, JUSTIN FINDLEY.( Davis, Robert)
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Filing 10
NOTICE of Attorney Appearance by Robert Jacob Davis on behalf of City of Sulphur Springs, Texas, JOSHUA DAVIS, JUSTIN FINDLEY (Davis, Robert)
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for JOSHUA DAVIS to 10/30/2020; JUSTIN FINDLEY to 10/30/2020; City of Sulphur Springs, Texas to 10/30/2020. 30 Days Granted for Deadline Extension.( rpc, )
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Filing 9
SUMMONS Returned Executed by MICHAEL POLNAC. (Nguyen, T)
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NOTICE of Deficiency regarding the #8 SUMMONS Returned Executed submitted by MICHAEL POLNAC. The wrong PDF was filed. Correction should be made by one business day. (rpc, )
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Filing 8
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** SUMMONS Returned Executed by MICHAEL POLNAC. JUSTIN FINDLEY served on 9/15/2020, answer due 10/6/2020. (Nguyen, T) Modified on 9/17/2020 (rpc, ).
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Filing 7
SUMMONS Returned Executed by MICHAEL POLNAC. JOSHUA DAVIS served on 9/9/2020, answer due 9/30/2020. (Nguyen, T)
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Filing 6
SUMMONS Returned Executed by MICHAEL POLNAC. City of Sulphur Springs, Texas served on 9/10/2020, answer due 10/1/2020. (Nguyen, T)
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Filing 5
SUMMONS Issued as to JOSHUA DAVIS. (rpc, )
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Filing 4
SUMMONS Issued as to JUSTIN FINDLEY. (rpc, )
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Filing 3
SUMMONS Issued as to City of Sulphur Springs, Texas. (rpc, )
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Filing 2
***FILED IN ERROR. PLEASE DISREGARD*** Additional Attachments to Main Document: #1 Complaint.. (Attachments: #1 Summons(es), #2 Summons(es), #3 Summons(es))(Nguyen, T) Modified on 9/8/2020 (rpc, ).
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***FILED IN ERROR. Document # 2, Additional Attachments to Main Document. PLEASE IGNORE.*** (rpc, )
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Case Assigned to District Judge Amos L. Mazzant, III. (rpc, )
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, )
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7981882.), filed by MICHAEL POLNAC.(Nguyen, T) (Additional attachment(s) added on 9/3/2020: #1 Civil Cover Sheet) (rpc, ).
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