Winzer et al v. Kaufman County et al
| Henry Winzer, Eunice J Winzer and Sohelia Winzer |
| City of Kaufman, Kaufman County, Bill Cuellar, City of Terrell, Matthew Hinds and Garry Huddleston |
| 3:2015cv01284 |
| April 27, 2015 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| David C Godbey |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 103
Appeal Record Returned: 2 CDs containing Exhibit F-2 and Exhibit G, 1 CD containing the video portion of Exhibit J to Defendants' Motion for Leave to Supplement Appendix, and 1 DVD of Video Analysis. (axm)
|
|
Filing 102
JUDGMENT/MANDATE of USCA as to #94 Notice of Appeal, #93 Notice of Appeal. Case remanded to the district court for further proceedings. Issued as Mandate: 10/29/2019. (axm)
|
|
Filing 101
Opinion of USCA in accordance with USCA judgment re #94 Notice of Appeal, #93 Notice of Appeal. (axm)
|
|
Filing 100
ORDER of USCA as to #94 Notice of Appeal, filed by Eunice J Winzer, Sohelia Winzer, Henry Winzer. Non Dispositive Court Order granting to file amicus brief. (epm)
|
|
Filing 99
Record on Appeal for USCA5 16-11482 (related to #94 , #93 appeal): Record consisting of: 2 CDs containing Exhibit F-2 and Exhibit G, 1 CD containing the video portion of Exhibit J to Defendants' Motion for Leave to Supplement Appendix, and 1 DVD of Video Analysis transmitted to USCA5. Shipped: Fed Ex 7705 6763 9197 (axm)
|
|
Record on Appeal for USCA5 16-11482 (related to #94 , #93 appeal): Sealed portion of ROA electronically mailed to S Cass Weiland, Robert A Hawkins. (axm)
|
|
Filing 98
ORDER of USCA as to #94 Notice of Appeal, #93 Notice of Appeal. Appellees' unopposed motion to view and obtain sealed documents is GRANTED. (axm)
|
|
Filing 97
ORDER of USCA as to #94 Notice of Appeal, #93 Notice of Appeal. Appellants' opposed motion to view and obtain sealed documents is GRANTED. (axm)
|
|
Record on Appeal for USCA5 16-11482 (related to #94 , #93 appeal): Sealed portion of ROA electronically mailed to Matthew Kita. (axm)
|
|
Filing 96
ORDER: Plaintiff Henry Winzer filed a Notice of Appeal, which is construed as an objection to the order of the United States Magistrate Judge consolidating Cause No. 3:15-CV-01285-N with Cause No. 3:15-CV-01284-N. (See docs. #24 , #40 ). The objection (doc. #40 ) is OVERRULED. (Ordered by Judge David C Godbey on 11/17/2016) (sss)
|
|
Record on Appeal for USCA5 16-11482 (related to #94 , #93 appeal): Record consisting of: 2 ECF electronic record on appeal (eROA) is certified, 2 CDs containing Exhibit F-2 and Exhibit G to Appendix in Support #47 , 1 CD containing the video portion of Exhibit J to Defendants' Motion for Leave to Supplement Appendix #52 , 1 DVD of Video Analysis #63 , Sealed or ex parte electronic document number(s): 5 (3:15-CV-1295-N) (circuit approval is required for access). PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (axm)
|
|
Filing 95
Transcript Order Form: re #94 Notice of Appeal, transcript not requested (Kita, Matthew) (Main Document 95 replaced on 10/26/2016 to flatten pdf) (axm).
|
|
USCA Case Number 16-11482 in USCA5 for #94 Notice of Appeal filed by Eunice J Winzer, Sohelia Winzer, Henry Winzer; #93 Notice of Appeal filed by Eunice J Winzer, Sohelia Winzer, Henry Winzer. (axm)
|
|
Filing 94
AMENDED NOTICE OF APPEAL as to #69 Order on Motion for Leave to Join and Amended Complaint, #92 Judgment, #77 Order, #91 Order on Motion for Summary Judgment, #88 Order to the Fifth Circuit by Eunice J Winzer, Henry Winzer, Sohelia Winzer. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Washington, Daryl) Modified to reflect Order linkage on 10/11/2016 (ndt).
|
|
Filing 93
NOTICE OF APPEAL as to #69 Order on Motion for Leave to Join and Amended Complaint, #92 Judgment, #77 Order, #91 Order on Motion for Summary Judgment, to the Fifth Circuit by Eunice J Winzer, Henry Winzer, Sohelia Winzer. Filing fee $505, receipt number 0539-7922359. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Washington, Daryl) Modified text and linkage on 10/11/2016 (axm).
|
|
Filing 92
FINAL JUDGMENT : Plaintiffs' claims against the City of Terrell and the City of Kaufman are dismissed without prejudice, and Plaintiffs' remaining claims against all other Defendants are dismissed with prejudice. (Ordered by Judge David C Godbey on 10/4/2016) (sss)
|
|
Filing 91
ORDER: The Court grants Defendant Kaufman County's #78 motion for summary judgment. (Ordered by Judge David C Godbey on 10/4/2016) (sss)
|
|
Filing 90
STIPULATION of Withdrawal of Argument in Response to Defendant Kaufman County's Motion for Summary Judgment by Eunice J Winzer, Sohelia Winzer. (Washington, Daryl)
|
|
Filing 89
REPLY filed by Kaufman County re: #78 MOTION for Summary Judgment (Weiland, S)
|
|
Filing 88
ORDER denying #70 Motion for Leave to File Fourth Amended Complaint; denying #80 Motion for Reconsideration. (Ordered by Judge David C Godbey on 9/13/2016) (mem)
|
|
Filing 87
RESPONSE AND OBJECTION filed by Eunice J Winzer, Sohelia Winzer re: #78 MOTION for Summary Judgment (Washington, Daryl)
|
|
Filing 86
REPLY filed by Eunice J Winzer, Sohelia Winzer re: #80 MOTION for Reconsideration Courts Order dated August 10, 2016 (Washington, Daryl)
|
|
Filing 85
RESPONSE filed by Matthew Hinds, Bill Cuellar, Garry Huddleston re: #80 MOTION for Reconsideration Courts Order dated August 10, 2016 (Weiland, S)
|
|
Filing 84
ORDER: Because additional discovery will not yield any facts relevant to the Winzers' response, the Court denies the #81 Rule 56(d) motion. (Ordered by Judge David C Godbey on 8/24/2016) (trk)
|
|
Filing 83
AFFIDAVIT re #81 Emergency MOTION to Continue the submission of Kaufman Countys Motion for Summary Judgment by Eunice J Winzer, Sohelia Winzer. (Washington, Daryl)
|
|
Filing 82
RESPONSE filed by Kaufman County re: #81 Emergency MOTION to Continue the submission of Kaufman Countys Motion for Summary Judgment (Weiland, S)
|
|
Filing 81
Emergency MOTION to Continue the submission of Kaufman Countys Motion for Summary Judgment filed by Henry Winzer, Sohelia Winzer with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order) (Washington, Daryl)
|
|
Filing 80
MOTION for Reconsideration Courts Order dated August 10, 2016 filed by Eunice J Winzer, Sohelia Winzer with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Henry Winzer's Original Complaint, #2 Proposed Order) (Washington, Daryl) Modified on 8/17/2016 to modify text (dss).
|
|
Filing 79
Brief/Memorandum in Support filed by Kaufman County re #78 MOTION for Summary Judgment (Weiland, S)
|
|
Filing 78
MOTION for Summary Judgment filed by Kaufman County (Attachments: #1 Proposed Order) (Weiland, S)
|
|
Filing 77
ORDER: The Court denies the #50 motion for leave to supplement appendix. The Court grants in part and denies in part the #66 motion to strike. The Court grants the #45 motion to dismiss and for summary judgment. The Court dismisses all claims against Cuellar and Huddleston. The Court grants summary judgment on all claims against Hinds. The Winzers' claims against Defendant Kaufman County remain pending. (Ordered by Judge David C Godbey on 8/10/2016) (sss)
|
|
Filing 76
NOTICE of Defendants' Withdrawal of Their Motion to Extend Time to Furnish Expert Reports re: #74 MOTION to Extend Time Furnish Expert Reports filed by Matthew Hinds, Bill Cuellar, Garry Huddleston, Kaufman County (Weiland, S)
|
|
Filing 75
NOTICE of Service of Defendants' Expert Disclosures filed by Matthew Hinds, Bill Cuellar, Garry Huddleston, Kaufman County (Weiland, S)
|
|
Filing 74
MOTION to Extend Time to Furnish Expert Reports filed by Matthew Hinds, Bill Cuellar, Garry Huddleston, Kaufman County (Attachments: #1 Proposed Order) (Weiland, S).
|
|
Filing 73
Designation of Experts by Eunice J Winzer. (Washington, Daryl)
|
|
Filing 72
REPLY filed by Eunice J Winzer, Sohelia Winzer re: #70 MOTION for Leave to File Plaintiffs' Fourth Amended Complaint, #71 Response/Objection (Washington, Daryl)
|
|
Filing 71
RESPONSE filed by Matthew Hinds, Bill Cuellar, Garry Huddleston, Kaufman County re: #70 MOTION for Leave to File Plaintiffs' Fourth Amended Complaint (Weiland, S)
|
|
Filing 70
MOTION for Leave to File Plaintiffs' Fourth Amended Complaint filed by Eunice J Winzer, Sohelia Winzer with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment Plaintiffs' Proposed Fourth Amended Complaint) (Washington, Daryl)
|
|
Filing 69
ORDER denying #56 Plaintiffs' Amended Motion for Leave to Join Additional Parties and to File Fourth Amended Complaint. (Ordered by Judge David C Godbey on 4/25/2016) (ash)
|
|
Filing 68
REPLY filed by Matthew Hinds, Bill Cuellar, Garry Huddleston re: #66 MOTION to Strike #65 Response/Objection Plaintiff's Response to Defendants' Objections to Summary Judgment Evidence (Hawkins, Robert)
|
|
Filing 67
RESPONSE filed by Eunice J Winzer, Sohelia Winzer re: #66 MOTION to Strike #65 Response/Objection Plaintiff's Response to Defendants' Objections to Summary Judgment Evidence (Attachments: #1 Proposed Order Proposed Order) (Washington, Daryl)
|
|
Filing 66
MOTION to Strike #65 Response/Objection Plaintiff's Response to Defendants' Objections to Summary Judgment Evidence filed by Matthew Hinds, Bill Cuellar, Garry Huddleston (Hawkins, Robert)
|
|
Filing 65
RESPONSE AND OBJECTION filed by Eunice J Winzer, Sohelia Winzer re: #61 Response/Objection, #64 Reply, #63 Appendix in Support, (Washington, Daryl)
|
|
Filing 64
DEFENDANTS' CONSOLIDATED OBJECTIONS TO PLAINTIFFS' SUMMARY JUDGMENT EVIDENCE AND THEIR REPLY IN SUPPORT OF THEIR #45 MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT BASED ON QUALIFIED IMMUNITY filed by Matthew Hinds, Bill Cuellar, Garry Huddleston (Weiland, S) Modified text on 3/11/2016 (ykp).
|
|
Filing 63
Appendix in Support filed by Eunice J Winzer, Henry Winzer, Sohelia Winzer re #61 Response/Objection to Defendants Motion to Dismiss and Motion for Summary Judgment Based on Qualified Immunity (Washington, Daryl) (Additional attachment(s) added on 3/1/2016: #1 1 DVD received - Filed under separate cover.) (mem).
|
|
Filing 62
***DISREGARD PER ATTORNEY - SEE DOC #63 FOR CORRECT IMAGE***Appendix in Support filed by Eunice J Winzer, Henry Winzer, Sohelia Winzer re #61 Response/Objection (Washington, Daryl) Modified text per attorney on 3/2/2016 (mem).
|
|
Filing 61
RESPONSE AND OBJECTION filed by Eunice J Winzer, Henry Winzer, Sohelia Winzer re: #45 MOTION to Dismiss and Motion for Summary Judgment Based on Qualified Immunity (Washington, Daryl)
|
|
Filing 60
REPLY filed by Eunice J Winzer, Sohelia Winzer re: #56 Amended MOTION for Leave to File Plaintiffs' Fourth Amended ComplaintAmended MOTION to JoinGeraldo E. Hinosa, II and Keith A. Wheeler, #58 Response/Objection, (Washington, Daryl)
|
|
Filing 59
***DISREGARD PER ATTORNEY - SEE DOC #60 FOR CORRECT IMAGE*** REPLY filed by Eunice J Winzer, Sohelia Winzer re: #56 Amended MOTION for Leave to File Plaintiffs' Fourth Amended ComplaintAmended MOTION to JoinGeraldo E. Hinosa, II and Keith A. Wheeler, #58 Response/Objection, (Washington, Daryl) Modified docket text per attorney on 2/26/2016 (bdb).
|
|
Filing 58
RESPONSE filed by Matthew Hinds, Bill Cuellar, Garry Huddleston, Kaufman County re: #56 Amended MOTION for Leave to File Plaintiffs' Fourth Amended ComplaintAmended MOTION to JoinGeraldo E. Hinosa, II and Keith A. Wheeler (Weiland, S)
|
|
Filing 57
ORDER denying #55 Motion to Extend Time to File Response/Reply. (Ordered by Judge David C Godbey on 2/23/2016) (bdb)
|
|
Filing 56
Amended MOTION for Leave to File Plaintiffs' Fourth Amended Complaint (), Amended MOTION to JoinGeraldo E. Hinosa, II and Keith A. Wheeler filed by Eunice J Winzer, Sohelia Winzer with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment Plaintiffs' Fourth Amended Complaint, #2 Proposed Order Proposed Order) (Washington, Daryl)
|
|
Filing 55
MOTION for Extension of Time to File Response/Reply to #45 MOTION to Dismiss and Motion for Summary Judgment Based on Qualified Immunity, Emergency MOTION to Continue Summary Judgment Response filed by Eunice J Winzer, Sohelia Winzer with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4, #5 Exhibit(s) Exhibit 5, #6 Proposed Order Proposed Order) (Washington, Daryl)
|
|
Filing 54
REPLY filed by Matthew Hinds, Bill Cuellar, Garry Huddleston re: #50 MOTION for Leave to File Supplement to Appendix in Support of Motion for Summary Judgment on Qualified Immunity (Hawkins, Robert)
|
|
Filing 53
MOTION to Join Additional Parties, MOTION for Leave to File Join Additional Parties and file Fourth Amended Complaint filed by Eunice J Winzer, Sohelia Winzer with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Plaintiff's Proposed Fourth Amended Complaint, #2 Proposed Order Proposed Order) (Washington, Daryl)
|
|
Filing 52
RESPONSE AND OBJECTION filed by Eunice J Winzer, Sohelia Winzer re: #50 MOTION for Leave to File Supplement to Appendix in Support of Motion for Summary Judgment on Qualified Immunity (Washington, Daryl)
|
|
Filing 51
Notice of Manual Filing of CD by Matthew Hinds, Bill Cuellar, Garry Huddleston re #50 MOTION for Leave to File Supplement to Appendix in Support of Motion for Summary Judgment on Qualified Immunity. [Filed under separate cover - see records department] (ran) Modified docket text on 2/2/2016 (ran).
|
|
Filing 50
MOTION for Leave to File Supplement to Appendix in Support of Motion for Summary Judgment on Qualified Immunity filed by Matthew Hinds, Bill Cuellar, Garry Huddleston (Attachments: #1 Exhibit(s) J) (Weiland, S)
|
|
Filing 49
ELECTRONIC ORDER granting #48 Motion to Extend Time to File Response/Reply. Responses due by 2/26/2016 (Ordered by Judge David C Godbey on 1/22/2016) (chmb)
|
|
Filing 48
MOTION for Extension of Time to File Response/Reply to #45 MOTION to Dismiss and Motion for Summary Judgment Based on Qualified Immunity, #47 Appendix in Support, #46 Brief/Memorandum in Support of Motion filed by Eunice J Winzer, Henry Winzer, Sohelia Winzer with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order) (Washington, Daryl)
|
|
Filing 47
Appendix in Support filed by Matthew Hinds, Bill Cuellar, Garry Huddleston re #46 Brief/Memorandum in Support of Motion (Weiland, S) (Additional attachment(s) added on 1/19/2016: #1 (Copy of 2 CD's received - Filed under separate cover)) (mem).
|
|
Filing 46
Brief/Memorandum in Support filed by Matthew Hinds, Bill Cuellar, Garry Huddleston re #45 MOTION to Dismiss and Motion for Summary Judgment Based on Qualified Immunity (Weiland, S)
|
|
Filing 45
MOTION to Dismiss and Motion for Summary Judgment Based on Qualified Immunity filed by Matthew Hinds, Bill Cuellar, Garry Huddleston (Attachments: #1 Proposed Order) (Weiland, S)
|
|
Filing 44
NOTICE of Vacation and/or trials filed by Eunice J Winzer, Henry Winzer, Sohelia Winzer (Washington, Daryl)
|
|
Filing 43
REPLY filed by Eunice J Winzer, Sohelia Winzer re: #41 Scheduling Order (Washington, Daryl)
|
|
Filing 42
***DISREGARD PER ATTORNEY'S REQUEST, SEE DOCUMENT #43 ***REPLY filed by Eunice J Winzer, Sohelia Winzer re: #41 Scheduling Order (Washington, Daryl) Modified on 12/21/2015 (mcrd).
|
|
Filing 41
SCHEDULING ORDER - QUALIFIED IMMUNITY: This case is set for trial on 11/14/2016 before Judge David C Godbey. The setting is for a one week docket. (Ordered by Judge David C Godbey on 11/20/2015) (axm)
|
|
Filing 40
NOTICE OF INTERLOCUTORY APPEAL as to #24 Order Consolidating Cases of a Magistrate Judge order to the District Judge by Henry Winzer. Copy of NOA to be sent US Mail to parties not electronically noticed. (sss)
|
|
Filing 39
Joint STATUS REPORT filed by Matthew Hinds, Bill Cuellar, Garry Huddleston, Kaufman County, Eunice J Winzer, Henry Winzer, Sohelia Winzer. (Washington, Daryl)
|
|
Filing 38
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order, and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 10/14/2015) (axm)
|
|
Filing 37
ANSWER to #23 Amended Complaint, with Jury Demand, filed by Matthew Hinds, Bill Cuellar, Garry Huddleston, Kaufman County. 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Weiland, S)
|
|
Filing 36
SUMMONS Returned Executed as to Garry Huddleston; served on 9/23/2015. (axm)
|
|
Filing 35
NOTICE of Dismissal the City of Terrell, Texas and the City of Kaufman, Texas re: #32 Motion to Dismiss for Failure to State a Claim, #33 Motion to Dismiss for Failure to State a Claim, #34 Amended MOTION to Amend/Correct #33 Motion to Dismiss for Failure to State a Claim filed by Eunice J Winzer, Henry Winzer, Sohelia Winzer (Attachments: #1 Proposed Order Proposed Order) (Washington, Daryl)
|
|
Filing 34
Amended MOTION to Amend/Correct #33 Motion to Dismiss for Failure to State a Claim filed by City of Terrell with Brief/Memorandum in Support. (Tooley, Joe)
|
|
Filing 33
**DISREGARD. DOC #33 REPLACES THIS DOCUMENT. Motion to Dismiss for Failure to State a Claim filed by City of Terrell with Brief/Memorandum in Support. (Tooley, Joe) Modified on 9/30/2015 (dsr).
|
|
Filing 32
Motion to Dismiss for Failure to State a Claim filed by City of Kaufman with Brief/Memorandum in Support. (Tooley, Joe)
|
|
Filing 31
ELECTRONIC ORDER granting #28 Motion to Extend Time for Service. Defendant Huddleston to be served by October 26, 2015. (Ordered by Judge David C Godbey on 9/25/2015) (chmb)
|
|
Filing 30
SUMMONS Returned Executed as to Matthew Hinds, served on 9/22/2015; Bill Cuellar, served on 9/22/2015; Kaufman County, served on 9/22/2015. (axm)
|
|
Filing 29
SUMMONS Returned Executed as to City of Kaufman, served on 9/21/2015; City of Terrell, served on 9/21/2015; Kaufman County, served on 9/21/2015. (axm)
|
|
Filing 28
Emergency MOTION to Extend Time to serve Defendant filed by Eunice J Winzer, Henry Winzer, Sohelia Winzer with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Attempted Service on Garry Huddleston, #2 Proposed Order Proposed Order) (Washington, Daryl) Modified text by (dsr).
|
|
Filing 27
Order: Because all plaintiffs are now represented by counsel, the automatic referral provisions of Special Order No. 3-251 no longer apply. The Clerk's Office shall therefore terminate the automatic referral of this case to a magistrate judge. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/23/2015) (mcrd)
|
|
Filing 26
Summons Issued as to Matthew Hinds, Bill Cuellar, Garry Huddleston. (axm)
|
|
Filing 25
Request for Clerk to issue Summons filed by Eunice J Winzer, Henry Winzer. (Washington, Daryl)
|
|
Filing 24
ORDER CONSOLIDATING CASES: Member case(s) 3:15cv1295 consolidated with lead case 3:15cv1284. (Order mailed to Henry Andree Winzer.) (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/21/2015) (twd)
|
|
Filing 23
Third AMENDED COMPLAINT WITH JURY DEMAND against Matthew Hinds, Bill Cuellar, Garry Huddleston, Kaufman County filed by Eunice J Winzer. 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (twd)
|
|
Filing 22
ORDER granting #21 Emergency Motion for Leave to File Plaintiffs' Third Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/21/2015) (twd)
|
|
Filing 21
Emergency MOTION for Leave to File Plaintiffs' Third Amended Complaint filed by Eunice J Winzer, Henry A Winzer, Sohelia M Winzer with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Plaintiffs' Proposed Third Amended Complaint, #2 Proposed Order Proposed Order) (Washington, Daryl)
|
|
Filing 20
ORDER re: #17 Plaintiffs' Second Amended Complaint. The plaintiffs have not shown that the opposing parties consent to the amendment, and they have not requested or received leave to file another amended complaint. The second amended complaint is ordered STRICKEN from the record. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/18/2015) (axm)
|
|
Filing 19
***STRICKEN PER #20 ORDER STRIKING AMENDED COMPLAINT*** Summons Issued as to Matthew Hinds, Bill Cuellar, Garry Huddleston. (axm) Modified on 9/18/2015 (axm).
|
|
Filing 18
Request for Clerk to issue Summons filed by Eunice J Winzer, Sohelia M Winzer. (Washington, Daryl)
|
|
Filing 17
***STRICKEN PER #20 ORDER*** SECOND AMENDED COMPLAINT WITH JURY DEMAND Corrected against All Defendants filed by Henry A Winzer, Sohelia M Winzer, Eunice J Winzer. (One or more defendant(s) is no longer named.) Clerk to issue summons(es). 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Washington, Daryl) Modified on 9/18/2015 (axm).
|
|
Filing 16
***Please Disregard - Corrected filed as Doc #17 *** SECOND AMENDED COMPLAINT WITH JURY DEMAND Second against All Defendants filed by Eunice J Winzer, Henry A Winzer, Sohelia M Winzer. Clerk to issue summons(es). 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Washington, Daryl) Modified on 9/18/2015 (axm).
|
|
Filing 15
ORDER: Plaintiffs' #12 motion to extend time for service is GRANTED in part, and they are hereby granted 30 days from the date of this order to properly serve the defendants with a summons and a copy of the complaint. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/26/2015) (tln)
|
|
Filing 14
Summons Issued as to City of Kaufman, City of Terrell, Kaufman County. (tln)
|
|
Filing 13
Request for Clerk to issue Summons filed by Eunice J Winzer, Sohelia M Winzer. (Washington, Daryl)
|
|
Filing 12
MOTION to Extend Time Extension of Time for Service of Process filed by Eunice J Winzer, Henry A Winzer, Sohelia M Winzer with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Washington, Daryl)
|
|
Filing 11
AMENDED NOTICE of Attorney Appearance by Daryl K Washington on behalf of Eunice J Winzer, Sohelia M Winzer. (Filer confirms contact info in ECF is current.) (Washington, Daryl) Modified text on 5/14/2015 (dsr).
|
|
Filing 10
NOTICE of Attorney Appearance by Daryl K Washington on behalf of Eunice J Winzer, Henry A Winzer, Sohelia M Winzer. (Filer confirms contact info in ECF is current.) (Washington, Daryl)
|
|
Filing 9
Second AMENDED COMPLAINT against City of Kaufman, City of Terrell, Kaufman County filed by Eunice J Winzer, Sohelia M Winzer. 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (twd)
|
|
Filing 8
AMENDED COMPLAINT against City of Kaufman, City of Terrell, Kaufman County filed by Eunice J Winzer, Sohelia M Winzer. 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (ndt) Modified on 4/30/2015 (ndt).
|
|
Filing 7
ORDER: Because they paid the fee, the plaintiffs are now responsible for serving each defendant with a summons and a copy of the complaint in this case as provided by Rule 4(c) of the Federal Rules of Civil Procedure. If a defendant is not served within 120 days after the filing of the complaint, the action is subject to dismissal against that defendant without prejudice. See Fed. R. Civ. P. 4(m). In addition, Fed. R. Civ. P. 4(l)(1) requires the plaintiffs to file proof of service with the Court unless service is waived. This proof must consist of "the servers affidavit"if service was not effected by the United States Marshal or a deputy marshal. Id. If the plaintiffs do not file a valid return of service or otherwise show that a defendant was properly served, this action may be dismissed against that defendant. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/28/2015) (Attachments: #1 Additional Page(s) Summons Form) (ndt)
|
|
Filing 6
Order and Notice of Deficiency: Eunice J Winzer, Henry A Winzer, Sohelia M Winzer must address the following deficiency: Because it does not appear that they are licensed to practice law, Eunice J. Winzer and Soheila Winzer may not bring this pro se case on behalf of Henry Winzer. If Henry Winzer wishes to join this action, he must submit his own signed complaint, or the individual plaintiffs may all jointly sign and submit a joint amended complaint that sets out the claims of each party. 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 14 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/28/2015) (ndt)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Tue Apr 28 13:48:16 CDT 2015 (crt)
|
|
Filing 5
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Eunice J Winzer, Henry A Winzer, Sohelia M Winzer. (ndt)
|
|
Filing 4
ADDITIONAL ATTACHMENTS to #3 Complaint, by Plaintiffs Eunice J Winzer, Henry A Winzer, Sohelia M Winzer. (ndt)
|
|
Filing 3
COMPLAINT WITH JURY DEMAND against City of Kaufman, City of Terrell, Kaufman County filed by Eunice J Winzer, Henry A Winzer, Sohelia M Winzer. (Filing fee $400.00; Receipt number DS081562) 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (ndt) Modified jury demand on 4/28/2015 (jrr).
|
|
Filing 2
Notice and Instruction to Pro Se Party. (ndt)
|
|
Filing 1
New Case Notes: A filing fee has been paid. File to Judge Ramirez. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ndt)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Mon Apr 27 16:41:00 CDT 2015 (crt)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
