Barnes v. United States of America
| Carolyn Barnes |
| Lisa David, John Bradley, Nick Richter, Pete Hughey, Erin Cargile, Lloyd Doug Shaver, Zach Ryall, Josh Reno, Another That Knows, Linda Acevedo, Geoffrey Puryear, Melissa Hightower, Judith Gres Deberry, Dee Hobbs, Travis McDonald, Robert Gremillion, Harold Poppa, Jim Bergamo, One That Knows, Russell Travis, Robert Newell, Robert Kee, Austin Legal Blog, Alan Schreiber, Jake LNU, Paul Jordan, Dale Rye, John Foster, Jereme Brinkmann, Suzanne Brooks, Liberals R. Clueless, Kirk Cole, Kathleen Gittel, Michael Scheffler, John Delaney, MRPBEAR, FNU Cotton, Third Court of Appeals, Lacey Loftin, Guilford Jones, Elizabeth Cunningham, KVUE-TV, Austin American Statesman, Donna Tiemann Connell, Deborah Klekar, Robert Chapman, Paul Bogan, Richard Coons, Bill Swaim, KEYE, Dusty Humes, Irma Guerrero, Ken Paxton, Doug Waggoner, Ron Morgan, Noelle Newton, Ken Anderson, D. Hernandez, Nativeson, David Ruppart, Storey Sherouse, Anonymous, Todd Dudley, Richard de la Vega, KXAN Austin News, Supreme Court of Texas, Teresa Hall, Shannon Hooks, Hurst, Dennis G. Tumlinson, Marty Griffith, Robert Lerma, Michelle Borynski, Burt Carnes, Gail Johnson, Scott Burn, Belinda Bartz, Robert McCabe and United States of America |
| 1:2015cv00298 |
| April 17, 2015 |
| US District Court for the Western District of Texas |
| Austin Office |
| Robert Pitman |
| P.I.: Other |
| 28 U.S.C. § 1346 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 25, 2016. A more recent docket listing may be available from PACER.
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| Filing 118 Certified copy of USCA JUDGMENT/MANDATE (15-50729) Affirming the District Court re: #98 Notice of Appeal - Interlocutory filed by Carolyn Barnes. (td) |
| Filing 117 Certified copy of USCA JUDGMENT/MANDATE (#16-50142) Dismissing for want of prosecution #114 Notice of Appeal, filed by Carolyn Barnes. The appellant failed to timely file appellant's brief and record excerpts. (td) |
| Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re #114 Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (td) |
| Filing 116 Costs Taxed in the amount of $2513.85 against Carolyn Barnes. (td) |
Text Order GRANTING #115 Motion to proceed In Forma Pauperis on Appeal entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rc)
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| Filing 115 MOTION to proceed In Forma Pauperis on appeal by Carolyn Barnes. (dm) |
| Filing 114 NOTICE OF APPEAL (no filing fee submitted) by Carolyn Barnes. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (dm) |
| Filing 113 BILL OF COSTS by United States of America. (Richter, Zachary) |
| Filing 112 FINAL JUDGMENT. Signed by Judge Robert Pitman. (td) |
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Filing 111
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #100 #102 Report and Recommendations, #107 Motion to Strike filed by Carolyn Barnes, #94 Motion to Dismiss filed by Harold Poppa, United States of America, #86 Motion Challenging Standing of the United States filed by Carolyn Barnes. Signed by Judge Robert Pitman. (td)
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| Filing 110 RESPONSE to #108 Objection to Report and Recommendations by Harold Poppa, United States of America. (Richter, Zachary) |
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Text Order GRANTING #109 Motion for Extension of Time to File entered by Judge Robert Pitman. Defendant's response is due on or before 11/9/2015. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rc)
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| Filing 109 MOTION for Extension of Time to File Response to Plaintiff's Objections to #102 Magistrate's Report and Recommendations by Kathleen Gittel. (Attachments: #1 Proposed Order). Motions referred to Judge Andrew W. Austin. (Richter, Zachary) Modified on 10/29/2015 to add relationship (os). |
| Filing 108 OBJECTION to #102 Report and Recommendations by Carolyn Barnes. (td) |
| Filing 107 MOTION to Strike #81 Report and Recommendations, #100 Report and Recommendations, #102 Report and Recommendations by Carolyn Barnes.. Motions referred to Judge Andrew W. Austin. (os) |
| Filing 106 OBJECTION to #81 #100 , #102 Report and Recommendations by Carolyn Barnes. (os) |
| Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re #98 Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (td) |
| Filing 105 Certified mail acknowledgment receipt for magistrate report and recommendations #102 as to Carolyn Barnes. (td) |
| Filing 104 Certified mailacknowledgment receipt for magistrate report and recommendations re #100 Report and Recommendations as to Carolyn Barnes. (td) |
| CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (os) |
| Filing 103 Certified Mail Receipt of #102 Report and Recommendations. (td) |
| Filing 102 REPORT AND RECOMMENDATIONS re #94 Motion to Dismiss filed by Harold Poppa, United States of America. Signed by Judge Andrew W. Austin. (td) |
| Filing 101 Certified Mail Receipt of #100 Report and Recommendations. (td) |
| Filing 100 REPORT AND RECOMMENDATIONS re #86 Motion Challenging Standing of United States filed by Carolyn Barnes. Signed by Judge Andrew W. Austin. (td) |
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Text Order GRANTING #99 Motion to proceed In Forma Pauperis on Appeal entered by Judge Andrew W. Austin. After reviewing Barnes' motion it is clear that she is indigent.(This is a text-only entry generated by the court. There is no document associated with this entry.) (pl)
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| Filing 99 MOTION to proceed In Forma Pauperis on appeal by Carolyn Barnes. Motions referred to Judge Andrew W. Austin. (td) |
| Filing 98 NOTICE OF INTERLOCUTORY APPEAL as to #97 Order Adopting/Rejecting Report and Recommendations, by Carolyn Barnes. Filing fee $505 DUE. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (td) |
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Filing 97
ORDER ADOPTING REPORT AND RECOMMENDATIONS re #81 Report and Recommendations, #96 Motion to Strike filed by Carolyn Barnes, #4 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by United States of America, Kathleen Gittel. Signed by Judge Robert Pitman. (td)
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| Filing 96 MOTION to Strike #81 Report and Recommendations by Carolyn Barnes.. Motions referred to Judge Andrew W. Austin. (td) |
| Filing 95 OBJECTION to #81 Report and Recommendations by Carolyn Barnes. (td) |
| Filing 94 MOTION to Dismiss by Harold Poppa, United States of America. (Attachments: #1 2d Paniszczyn Certification)(Richter, Zachary) |
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Filing 93
ORDER DENYING Barnes' #91 Motion to Enter Findings of Facts and Conclusions of Law. Signed by Judge Robert Pitman. (klw)
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Filing 92
ORDER for the Clerk to sent a second copy of the #81 Report and Recommendations to Barnes via regular mail and via CMRRR. Signed by Judge Robert Pitman. (klw)
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| Copy of #92 Order, #93 Order Denying Motion and second copy of #81 Report and Recommendations sent to Barnes via regular mail and via CMRRR 7013 1710 0001 9920 5279. (klw) |
| Filing 91 MOTION to Enter Findings of Fact and Conclusions of Law by Carolyn Barnes. (os) |
| Filing 90 AMENDED NOTICE by Carolyn Barnes re #89 Notice to the Court. (td) |
| Filing 89 NOTICE to the Court by Carolyn Barnes (td). |
| Filing 88 Response in Opposition to Motion, filed by United States of America, re #86 MOTION to Remand to State Court filed by Plaintiff Carolyn Barnes (Attachments: #1 Proposed Order)(Richter, Zachary) |
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Filing 87
ORDER DENYING #84 Motion for Reconsideration. Signed by Judge Robert Pitman. (dm)
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| Filing 86 MOTION Challenging Standing of United States/Remand to State Court by Carolyn Barnes.. Motions referred to Judge Andrew W. Austin. (dm) |
| Filing 85 SUPPLEMENTAL COMPLAINT by Carolyn Barnes. (dm) |
| Filing 84 MOTION to Reconsider Denial of Plaintiff's Objections to Referral and Motion to Disqualify by Carolyn Barnes.. Motions referred to Judge Andrew W. Austin. (dm) |
| CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (td) |
| Filing 83 Certified Mail Receipt of #81 Report and Recommendations. (td) |
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Filing 82
ORDERED that Barnes IMMEDIATELY SERVE Defendants Loftin and Poppa. Barnes is hereby WARNED that if she fails to serve Defendants Loftin and Poppa by August 17, 2015, and fails to show good cause for such failure, this Court will recommend that the District Court DISMISS the above-styled action against Defendants Loftin and Poppa for failure to timely serve. Signed by Judge Andrew W. Austin. (td) Modified on 6/16/2015 to correct presiding judge (td).
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| Filing 81 REPORT AND RECOMMENDATIONS re #4 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim, filed by United States of America, Kathleen Gittel. Signed by Judge Andrew W. Austin. (td) |
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Filing 80
ORDER DENYING #78 Motion for Reconsideration. Signed by Judge Robert Pitman. (td)
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Filing 79
ORDER DENYING #77 Motion to Disqualify. Signed by Judge Robert Pitman. (td)
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| Filing 78 MOTION for Reconsideration re #75 Order on Motion to Dismiss for Failure to State a Claim by Carolyn Barnes.. Motions referred to Judge Andrew W. Austin. (dm) |
| Filing 77 Objection to #59 Order Referring Case to Magistrate Judge by Carolyn Barnes. (td) |
| Filing 76 RESPONSE to Motion, filed by Carolyn Barnes re #4 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim filed by Defendant United States of America, Defendant Kathleen Gittel. (td) |
| MOTION to Disqualify (contained within doc #77 ) by Carolyn Barnes. Motions referred to Judge Andrew W. Austin. (td) |
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Filing 75
ORDERED that Plaintiff's Motion to Remand (Dkt. No. #32 ) is DENIED. FURTHER ORDERED that all of Barnes' claims against defendants other than Kathleen Gittel, Harold Poppa, and Lacey Loftin be SEVERED from this case, and REMANDED to the 419th Judicial District Court for Travis County Texas. The sole claims remaining shall be those against Kathleen Gittel, Harold Poppa, and Lacey Loftin. FURTHER ORDERED that all pending motions other than the government's Motion to Dismiss for Lack of Jurisdiction (Dkt No. #4 ) are DISMISSED AS MOOT. Signed by Judge Robert Pitman. (td)
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| Remark : Certain claims severed to 1:15-cv-483-RP. (afd) |
| Filing 74 MOTION for Extension of Time to File Response as to #28 MOTION to Dismiss For Failure to State a Claim for Relief, or Alternatively, For More Definite Statement and Continuing Motion to Abate by Carolyn Barnes.. Motions referred to Judge Andrew W. Austin. (dm) |
| Filing 73 MOTION for Extension of Time to File Response as to #57 MOTION to Dismiss Television Defendants' Motion to Dismiss Pursuant to Chapter 27 of the Texas Civil Practice & Remedies Code and Statute of Limitations Motion to Dismiss for Failure to State a Claim by Carolyn Barnes. and Continuing Motion to Abate. Motions referred to Judge Andrew W. Austin. (dm) |
| Filing 72 MOTION for Extension of Time to File Response as to #64 MOTION to Dismiss and Continuing Motion to Abate by Carolyn Barnes.. Motions referred to Judge Andrew W. Austin. (dm) |
| Filing 71 MOTION to Dismiss For Failure to State A Claim, Motion to Dismiss for Failure to State a Claim by Dusty Humes. (Attachments: #1 Proposed Order). Motions referred to Judge Andrew W. Austin. (Rowe, Brett) |
| Filing 70 RESPONSE to #62 Notice of Filing by Kathleen Gittel, United States of America. (Richter, Zachary) |
| Filing 69 REPLY to Response to Motion, filed by Kathleen Gittel, re #4 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim filed by Defendant United States of America, Defendant Kathleen Gittel (Richter, Zachary) |
| Filing 68 NOTICE of Vacation for David Davis by Richard Coons (Davis, David) |
| Filing 67 NOTICE Vacation Letter for Catherine Robb by Jim Bergamo, Erin Cargile, KEYE, KVUE-TV, KXAN Austin News, Noelle Newton (Prather, Laura) |
| Filing 66 NOTICE Vacation Letter for Laura Lee Prather by Jim Bergamo, Erin Cargile, KEYE, KVUE-TV, KXAN Austin News, Noelle Newton (Prather, Laura) |
| Filing 65 REPLY to Response to Motion, filed by Irma Guerrero, Deborah Klekar, Robert Lerma, Ron Morgan, Bill Swaim, Dennis G. Tumlinson, re #8 Motion to Dismiss for Failure to State a Claim TRAVIS COUNTY DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6), OR IN THE ALTERNATIVE, PURSUANT TO RULE 12(c) filed by Defendant Ron Morgan, Defendant Irma Guerrero, Defendant Bill Swaim, Defendant Deborah Klekar, Defendant Robert Lerma, Defendant Dennis G. Tumlinson (Eiserloh, Laurie) |
| Filing 64 MOTION to Dismiss by Austin American Statesman, Austin Legal Blog, Zach Ryall. (Attachments: #1 Exhibit Exhibits A - J, #2 Proposed Order). Motions referred to Judge Andrew W. Austin. (Hemphill, James) |
| Filing 63 Objections, MOTION to Sever and Remand by Carolyn Barnes. Motions referred to Judge Andrew W. Austin. (td) |
| Filing 62 NOTICE of Filing Memorandum to the Court Concerning Lack of Due Process and Equal Proection Under the Law in Federal Court by Carolyn Barnes. (td) |
| Filing 61 PLAINTIFF'S BRIEF in Support of Responses to Motions to Dismiss #47 , #48 , #49 , #50 , #56 by Carolyn Barnes. (td) |
| Filing 60 RESPONSE to Motion, filed by Carolyn Barnes, re #4 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim filed by Defendant United States of America, Defendant Kathleen Gittel. (td) |
| RESPONSE to Motion (contained within document #63 ), filed by Carolyn Barnes, re #51 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendant Michelle Borynski, Defendant Supreme Court of Texas, Defendant Kirk Cole, Defendant Gail Johnson, Defendant Third Court of Appeals. (td) |
| CASE REFERRED to Magistrate Judge Andrew W. Austin. Referral Judge: Andrew W. Austin. (td) |
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Filing 59
ORDER REFERRING CASE to Magistrate Judge Andrew W. Austin. Signed by Judge Robert Pitman. Referral Magistrate Judge: Andrew W. Austin. (td)
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| Filing 58 MOTION to Dismiss by Alan Schreiber. (td) |
| Filing 57 MOTION to Dismiss Television Defendants' Motion to Dismiss Pursuant to Chapter 27 of the Texas Civil Practice & Remedies Code and Statute of Limitations, Motion to Dismiss for Failure to State a Claim by Jim Bergamo, Erin Cargile, KEYE, KVUE-TV, KXAN Austin News, Noelle Newton. (Prather, Laura) |
| Filing 56 AMENDED OBJECTIONS, AMENDED MOTION to Sever and Remand amending #50 by Carolyn Barnes. (td) |
| Filing 55 NOTICE of Filing Memorandum to the Court Concerning Constitutional Claims by Carolyn Barnes. (td) |
| Filing 54 Response in Opposition to Motion, filed by Kathleen Gittel, United States of America, re #43 MOTION to Strike filed by Plaintiff Carolyn Barnes, #34 MOTION for Extension of Time to File Response/Reply as to #26 Motion to Dismiss for Failure to State a Claim , #6 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement, #17 MOTION to Dismiss Un MOTION to Stay re #26 Motion to Dismiss for Failure to State a Claim , #6 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement, #17 MOTION to Dismiss Under Federal Rule 12(b)(6), #28 M filed by Plaintiff Carolyn Barnes, #35 MOTION for Hearing filed by Plaintiff Carolyn Barnes, #32 MOTION to Remand to State Court filed by Plaintiff Carolyn Barnes (Attachments: #1 Proposed Order)(Richter, Zachary) |
| AMENDED RESPONSE (contained within doc #56 ) to Motion amending #50 , filed by Carolyn Barnes, re #26 Motion to Dismiss for Failure to State a Claim filed by Defendant John Foster, #6 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Defendant Suzanne Brooks, #10 Motion to Dismiss for Failure to State a Claim filed by Defendant Donna Tiemann Connell, #9 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Defendant Teresa Hall, #7 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Defendant Lisa David, #25 Motion to Dismiss for Failure to State a Claim filed by Defendant John Bradley (td) |
| Filing 53 CERTIFICATE OF SERVICE by Michelle Borynski, Kirk Cole, Gail Johnson, Supreme Court of Texas, Third Court of Appeals CORRECTED #51 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Anastasiadis, Demetri) |
| Filing 52 DEFICIENCY NOTICE: re #51 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (jk) |
| Filing 51 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Michelle Borynski, Kirk Cole, Gail Johnson, Supreme Court of Texas, Third Court of Appeals. (Attachments: #1 Proposed Order)(Anastasiadis, Demetri) |
| Filing 50 Objections, MOTION to Sever and Remand by Carolyn Barnes. (td). |
| Filing 49 Objections, MOTION to Sever and Remand by Carolyn Barnes. (td) |
| Filing 48 Objections, MOTION to Sever and Remand by Carolyn Barnes. (td) |
| Filing 47 Objections, MOTION to Sever and Remand by Carolyn Barnes. (td) |
| RESPONSE to Motion (contained within doc #47 ), filed by Carolyn Barnes, re #17 MOTION to Dismiss Under Federal Rule 12(b)(6) filed by Defendant Elizabeth Cunningham, Defendant Burt Carnes, Defendant John Delaney, Defendant Ken Paxton, Defendant Guilford Jones, Defendant Marty Griffith (td) |
| RESPONSE to Motion, filed by Carolyn Barnes (contained within doc #49 ), re #20 MOTION to Dismiss filed by Defendant Linda Acevedo, Defendant Judith Gres Deberry. (td) |
| RESPONSE to Motion (contained within doc #48 , filed by Carolyn Barnes, re #8 Motion to Dismiss for Failure to State a Claim TRAVIS COUNTY DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6), OR IN THE ALTERNATIVE, PURSUANT TO RULE 12(c) filed by Defendant Ron Morgan, Defendant Irma Guerrero, Defendant Bill Swaim, Defendant Deborah Klekar, Defendant Robert Lerma, Defendant Dennis G. Tumlinson (td) |
| RESPONSE to Motion (contained within doc #50 ), filed by Carolyn Barnes, re #26 Motion to Dismiss for Failure to State a Claim filed by Defendant John Foster, #6 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Defendant Suzanne Brooks, #10 Motion to Dismiss for Failure to State a Claim filed by Defendant Donna Tiemann Connell, #9 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Defendant Teresa Hall, #7 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Defendant Lisa David, #25 Motion to Dismiss for Failure to State a Claim filed by Defendant John Bradley. (td) |
| Filing 46 Motion to Dismiss for Failure to State a Claim by Scott Burn. (Attachments: #1 Proposed Order Proposed Order)(Swete, Susan) |
| Filing 45 Motion to Dismiss for Failure to State a Claim by Nick Richter. (Attachments: #1 Exhibit A, #2 Proposed Order)(Prejean, Henry) |
| Filing 44 NOTICE of Attorney Appearance by Henry W. Prejean on behalf of Nick Richter. Attorney Henry W. Prejean added to party Nick Richter(pty:dft) (Prejean, Henry) |
| Filing 43 Motion to Strike by Carolyn Barnes re: #4 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Kathleen Gittel, United States of America.(klw) (Clerk notes plaintiff had another person bring this pleading in for filing. Filer acknowledged that the document is deficient at is lacks an original signature.) Modified on 5/21/2015 (td). |
| Filing 42 Motion to Dismiss for Failure to State a Claim by Lloyd Doug Shaver. (Attachments: #1 Exhibit A, #2 Proposed Order)(Prejean, Henry) |
| Filing 41 Motion to Dismiss for Failure to State a Claim by Melissa Hightower. (Attachments: #1 Proposed Order)(Prejean, Henry) |
| Filing 40 Motion to Dismiss for Failure to State a Claim by Dale Rye. (Attachments: #1 Proposed Order)(Prejean, Henry) |
| Filing 39 Motion to Dismiss for Failure to State a Claim by Dee Hobbs. (Attachments: #1 Proposed Order)(Prejean, Henry) |
| Filing 38 Motion to Dismiss for Failure to State a Claim by Belinda Bartz, Paul Bogan, Jereme Brinkmann, Robert Chapman, Robert Gremillion, Pete Hughey, Paul Jordan, Robert Kee, Robert Newell, David Ruppart, Storey Sherouse, Russell Travis, Doug Waggoner, Richard de la Vega. (Attachments: #1 Proposed Order)(Prejean, Henry) |
| Filing 37 Motion to Dismiss for Failure to State a Claim by Robert McCabe, Travis McDonald, Geoffrey Puryear, Josh Reno. (Attachments: #1 Proposed Order)(Prejean, Henry) |
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Text Order GRANTING #36 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. Defendants' responses are due on or before May 26, 2015. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lh)
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| Filing 36 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motions by Kathleen Gittel, United States of America. (Attachments: #1 Proposed Order)(Richter, Zachary) |
| Filing 35 MOTION for Show Cause Hearing, by Carolyn Barnes. (jk) |
| Filing 34 MOTION to Stay, or in the alternative, MOTION for Extension of Time to File Response/Reply by Carolyn Barnes as to #26 Motion to Dismiss for Failure to State a Claim , #6 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement, #17 MOTION to Dismiss Under Federal Rule 12(b)(6), #28 MOTION to Dismiss For Failure to State a Claim for Relief, or Alternatively, For More Definite Statement, #10 Motion to Dismiss for Failure to State a Claim , #8 Motion to Dismiss for Failure to State a Claim TRAVIS COUNTY DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6), OR IN THE ALTERNATIVE, PURSUANT TO RULE 12(c), #9 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement, #20 MOTION to Dismiss , #7 Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement, #4 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim , #25 Motion to Dismiss for Failure to State a Claim . (jk) |
| Filing 33 Memorandum in Support of #32 Objections to Notice of Removal and MOTION to Remand to State Court, by Carolyn Barnes. (jk) |
| Filing 32 Objections to Notice of Removal and MOTION to Remand to State Court by Carolyn Barnes. (Attachments: #1 Affidavit in Support)(jk) |
| Filing 31 NOTICE of representing self pro se, by Todd Dudley. (jk) |
| Filing 30 RULE 7 DISCLOSURE STATEMENT filed by KXAN Austin News. (Prather, Laura) |
| Filing 29 RULE 7 DISCLOSURE STATEMENT filed by KEYE. (Prather, Laura) |
| Filing 28 MOTION to Dismiss For Failure to State a Claim for Relief, or Alternatively, For More Definite Statement by Richard Coons. (Attachments: #1 Proposed Order)(Davis, David) |
| Filing 27 NOTICE of representing self pro se, by Alan Schreiber. (jk) |
| Filing 26 Motion to Dismiss for Failure to State a Claim by John Foster. (Attachments: #1 Exhibit A, #2 Proposed Order)(Prejean, Henry) |
| Filing 25 Motion to Dismiss for Failure to State a Claim by John Bradley. (Attachments: #1 Exhibit A, #2 Proposed Order)(Prejean, Henry) |
| Filing 24 NOTICE of Filing Certificate of Service Dkt #21 by Irma Guerrero, Deborah Klekar, Robert Lerma, Ron Morgan, Bill Swaim, Dennis G. Tumlinson (Williams, Andrew) |
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Text Order GRANTING #23 Motion to Substitute Attorney. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lh)
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| Filing 23 MOTION to Substitute Attorney as Lead Counsel and Attorney in Charge by Michelle Borynski, Burt Carnes, Kirk Cole, Elizabeth Cunningham, John Delaney, Marty Griffith, Gail Johnson, Guilford Jones, Ken Paxton, Supreme Court of Texas, Third Court of Appeals. (Anastasiadis, Demetri) |
| Filing 22 DEFICIENCY NOTICE to Andrew M. Williams: re #21 MOTION to Withdraw as Attorney . (td) |
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Text Order GRANTING #21 Motion to Withdraw as Attorney. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lh)
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| Filing 21 MOTION to Withdraw as Attorney by Irma Guerrero, Deborah Klekar, Robert Lerma, Ron Morgan, Bill Swaim, Dennis G. Tumlinson. (Williams, Andrew) |
| Filing 20 MOTION to Dismiss by Linda Acevedo, Judith Gres Deberry. (Attachments: #1 Proposed Order)(Homburg, Paul) |
| Filing 19 NOTICE of Attorney Appearance by Catherine Lewis Robb on behalf of Jim Bergamo, Erin Cargile, KEYE, KVUE-TV, KXAN Austin News, Noelle Newton (Robb, Catherine) |
| Filing 18 NOTICE of Attorney Appearance by Laura Lee Prather on behalf of Jim Bergamo, Erin Cargile, KEYE, KVUE-TV, KXAN Austin News, Noelle Newton (Prather, Laura) |
| Filing 17 MOTION to Dismiss Under Federal Rule 12(b)(6) by Burt Carnes, Elizabeth Cunningham, John Delaney, Marty Griffith, Guilford Jones, Ken Paxton. (Attachments: #1 Proposed Order)(Anastasiadis, Demetri) |
| Filing 16 Letter/Correspondence to Alan Schreiber re: non-admitted status. (td) |
| Filing 15 Letter/Correspondence to Todd S. Dudley re: non-admitted status. (td) |
| Filing 14 Letter/Correspondence to Barton Vana re: non-admitted status. (td) |
| Filing 13 Letter/Correspondence to Richard D. Davis re: non-admitted status. (td) |
| Filing 12 Letter/Correspondence to Judith Gres DeBerry re: non-admitted status. (td) |
| Filing 11 NOTICE of Attorney Appearance by Paul H. Homburg, III on behalf of Linda Acevedo, Judith Gres Deberry. Attorney Paul H. Homburg, III added to party Linda Acevedo(pty:dft), Attorney Paul H. Homburg, III added to party Judith Gres Deberry(pty:dft) (Homburg, Paul) |
| Filing 10 Motion to Dismiss for Failure to State a Claim by Donna Tiemann Connell. (Attachments: #1 Exhibit A, #2 Proposed Order)(Prejean, Henry) |
| Filing 9 Motion to Dismiss for Failure to State a Claim by Teresa Hall. (Attachments: #1 Exhibit A, #2 Proposed Order)(Prejean, Henry). Added MOTION for More Definite Statement on 4/27/2015 (td). |
| Filing 8 Motion to Dismiss for Failure to State a Claim TRAVIS COUNTY DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6), OR IN THE ALTERNATIVE, PURSUANT TO RULE 12(c) by Irma Guerrero, Deborah Klekar, Robert Lerma, Ron Morgan, Bill Swaim, Dennis G. Tumlinson. (Eiserloh, Laurie) |
| Filing 7 Motion to Dismiss for Failure to State a Claim by Lisa David. (Attachments: #1 Exhibit A, #2 Proposed Order)(Prejean, Henry). Added MOTION for More Definite Statement on 4/27/2015 (td). |
| Filing 6 Motion to Dismiss for Failure to State a Claim by Suzanne Brooks. (Attachments: #1 Exhibit A, #2 Proposed Order)(Prejean, Henry). Added MOTION for More Definite Statement on 4/27/2015 (td). |
| Filing 5 ADVISORY TO THE COURT by United States of America. (Attachments: #1 Supplement State Docket pp. 1-20, #2 Supplement State Docket pp. 21-39, #3 Supplement State Docket pp. 40-59, #4 Supplement State Docket pp. 60-79, #5 Supplement State Docket pp. 80-99, #6 Supplement State Docket pp. 100-121, #7 Supplement State Docket pp. 122-141, #8 Supplement State Docket pp. 142-178, #9 Supplement State Docket pp. 179-203)(Richter, Zachary) |
| Filing 4 MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim by Kathleen Gittel, United States of America. (Attachments: #1 Exhibit A - U.S. Census Incident Report, #2 Exhibit B - Indictment, #3 Exhibit C - Judgment of Conviction & Sentence, #4 Exhibit D - Henson Declaration)(Richter, Zachary) |
| Filing 3 NOTICE of Attorney Appearance by James A. Hemphill on behalf of Austin American Statesman, Austin Legal Blog, Zach Ryall. Attorney James A. Hemphill added to party Austin American Statesman(pty:dft), Attorney James A. Hemphill added to party Austin Legal Blog(pty:dft), Attorney James A. Hemphill added to party Zach Ryall(pty:dft) (Hemphill, James) |
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Filing 2
ORDER that the removing party supplement the record with state court pleadings. Signed by Judge Robert Pitman. (afd)
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| Case Assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd) |
| DEMAND for Trial by Jury by Carolyn Barnes. (afd) |
| Filing 1 NOTICE OF REMOVAL by Kathleen Gittel, UNITED STATES OF AMERICA (Filing fee $400), filed by Kathleen Gittel, UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1a - Citation & Petition pp. 1-50, #2 Exhibit 1b - Petition pp. 51-end, #3 Exhibit 2 - Certification of Scope of Employment, #4 Exhibit 3 - Notice to State Court of Removal, #5 Civil Cover Sheet, #6 Supplement)(Richter, Zachary) |
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