Scott II et al v. Collin County Texas et al
| MARVIN SCOTT II, LASANDRA SCOTT and Marvin Scott, II |
| COLLIN COUNTY TEXAS, SOUTHWEST CORRECTIONAL MEDICAL GROUP INC., WELLPATH LLC, DETENTION OFFICER ALEC DIFFATA, DETENTION SERGEANT JUSTIN PATRICK, DETENTION SERGEANT AUSTIN WONG, DETENTION OFFICER ANDREAS CARDENAS, DETENTION LIEUTENANT CHRISTOPHER WINDSOR, DETENTION OFFICER JAMES SCHOELEN, DETENTION CAPTAIN BLAISE MIKULEWICSZ, Southwest Correctional Medical Group Inc, Alec Diffata, Justin Patrick, Austin Wong, Andreas Cardenas, Christopher Windsor, James Schoelen and Blaise Mikulewicsz |
| James J Juneau |
| 1:2023cv00101 |
| March 7, 2023 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2023. A more recent docket listing may be available from PACER.
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Filing 36
ORDERED that this case is dismissed with prejudice, and the Parties shall bear their own attorney's fees and costs. Ordered that all pending motions filed herein are denied as moot. Signed by District Judge Michael J. Truncale on 7/27/2023. (bjc, )
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| Filing 35 STIPULATION of Dismissal by Collin County Texas. (Attachments: #1 Proposed Order Dismissal Order)(Davis, Robert) |
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Filing 34
ORDERED that all Parties or their counsel shall submit to the Court all papers necessary for the closing of this case and its removal from the active docket of this Court on or before July 28, 2023. Ordered that all Court dates and deadlines are hereby vacated. Signed by District Judge Michael J. Truncale on 6/20/2023. (bjc, )
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| Filing 33 REPORT of Mediation by James J Juneau. Mediation result: SETTLED(Juneau, James) |
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Filing 32
ORDERED that Rule 26(f) Attorney Conference must occur by June 30, 2023. Scheduling/Case Management Conference set for 7/19/2023 10:00 AM in Room 221 (Beaumont) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 6/13/2023. (bjc, )
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| Filing 31 SUMMONS Returned Executed by Lasandra Scott, Marvin Scott, II. Southwest Correctional Medical Group Inc served on 4/3/2023, answer due 4/24/2023. (Maguire, Mark) |
| Filing 30 SUMMONS Returned Executed by Lasandra Scott, Marvin Scott, II. Wellpath LLC served on 4/5/2023, answer due 4/26/2023. (Maguire, Mark) |
| ***FILED IN ERROR. Document # 26 and 27 Summons returned executed. Incorrect event used and incomplete summons.*** (bjc, ) |
| Filing 29 AFFIDAVIT of Service for Complaint and Summons served on Christopher Windsor on 04/29/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) |
| Filing 28 WAIVER OF SERVICE Returned Executed by Lasandra Scott, Marvin Scott, II. James Schoelen waiver sent on 4/25/2023, answer due 6/26/2023. (Maguire, Mark) |
| Filing 27 ***FILED IN ERROR.*** AFFIDAVIT of Service for Complaint and Summons served on Southwest Correctional Medical Group, Inc. on 04/05/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) Modified on 6/6/2023 (bjc, ). |
| Filing 26 ***FILED IN ERROR.*** AFFIDAVIT of Service for Complaint and Summons served on Well Path LLC on 04/03/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) Modified on 6/6/2023 (bjc, ). |
| Filing 25 AFFIDAVIT of Service for Complaint and Summons served on Alec Diffata on 04/14/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) |
| Filing 24 AFFIDAVIT of Service for Complaint and Summons served on Andreas Cardenas on 04/13/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) |
| Filing 23 AFFIDAVIT of Service for Complaint and Summons served on Austin Wong on 04/13/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) |
| Filing 22 AFFIDAVIT of Service for Complaint and Summons served on Blaise Mikulewicz on 04/14/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) |
| Filing 21 AFFIDAVIT of Service for Complaint and Summons served on Collin County on 04/12/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) |
| Filing 20 AFFIDAVIT of Service for Complaint and Summons served on Justin Patrick on 04/13/2023, filed by Lasandra Scott, Marvin Scott, II. (Maguire, Mark) |
| Filing 19 ANSWER to #1 Complaint, by Andreas Cardenas, Alec Diffata, Justin Patrick, James Schoelen, Austin Wong.(Leake, Blair) |
| Filing 18 NOTICE of Attorney Appearance by Ryan Casey O'Neill on behalf of Blaise Mikulewicsz, Christopher Windsor (O'Neill, Ryan) |
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Filing 17
ORDER granting #16 MOTION for Extension of Time to File Response to #6 MOTION to Dismiss for Failure to State a Claim. Plaintiffs' deadline to respond to Defendants' Motion to dismiss is now June 27, 2023. Signed by District Judge Michael J. Truncale on 5/10/2023. (bjc, )
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| Filing 16 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Failure to State a Claim by Marvin Scott, II. (Attachments: #1 Text of Proposed Order)(Maguire, Mark) |
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Filing 15
ORDER granting #13 Motion for Extension of Time to Answer. Defendants' deadline to file their answer is now June 16, 2023. Ordered that the Case Management Conference set for June 6, 2023, is hereby cancelled. Signed by District Judge Michael J. Truncale on 5/8/2023. (bjc, )
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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 Alec Diffata, Justin Patrick, Andreas Cardenas, and Austin Wong to 6/5/2023. 30 Days Granted for Deadline Extension.( bjc, ) |
| Filing 14 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Andreas Cardenas, Alec Diffata, Justin Patrick, Austin Wong.( Leake, Blair) (Main Document 14 replaced on 5/5/2023 with flattened image) (bjc, ). Modified on 5/5/2023 (bjc, ). |
| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Blaise Mikulewicsz, Christopher Windsor. (Attachments: #1 Text of Proposed Order Order)(Davis, Robert) (Additional attachment(s) added on 5/5/2023: #2 Revised Proposed Order) (bjc, ). |
| Filing 12 NOTICE of Attorney Appearance - Pro Hac Vice by Stephen Blackmon Barron on behalf of Andreas Cardenas, Alec Diffata, Justin Patrick, James Schoelen, Austin Wong. Filing fee $ 100, receipt number ATXEDC-9481537. (Barron, Stephen) (Additional attachment(s) added on 5/3/2023: #1 Sealed Attachment) (nkl, ). |
| Filing 11 NOTICE of Attorney Appearance - Pro Hac Vice by Blair J Leake on behalf of Andreas Cardenas, Alec Diffata, Justin Patrick, James Schoelen, Austin Wong. Filing fee $ 100, receipt number ATXEDC-9481504. (Leake, Blair) |
| Filing 10 FILED IN ERROR, PLEASE IGNORE Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Blaise Mikulewicsz, Christopher Windsor.( Davis, Robert) Modified on 5/3/2023 (ljw, ). |
| ***FILED IN ERROR. Document # 10, Deft Unopposed Application for Extension of Time. PLEASE IGNORE. Please refer to Local Rule CV-12. The Clerk cannot grant more than 30 days on the First Application and 15 Days on the Second Application. If Counsel wishes to ask for 60 Days then they must file a Motion to the Court.*** (ljw, ) |
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Filing 9
ORDER SETTING CIVIL ACTION FOR RULE 16 MANAGEMENT CONFERENCE. Rule 26(f) Attorney Conference on or before May 19, 2023. The case is SET for a Rule 16 Case Management Conference on June 6, 2023 at 10:30 a.m., in Room 221, Jack Brooks Federal Building, 300 Willow Street, Beaumont, Texas. Signed by District Judge Michael J. Truncale on 5/1/23. (ljw, )
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| Filing 8 MOTION to Change Venue by Southwest Correctional Medical Group Inc, Wellpath LLC. (Attachments: #1 Text of Proposed Order)(Knudsen, Christopher) |
| Filing 7 NOTICE of Attorney Appearance - Pro Hac Vice by Mark V Maguire on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9472474. (Maguire, Mark) |
| Filing 6 MOTION to Dismiss for Failure to State a Claim by Southwest Correctional Medical Group Inc, Wellpath LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Knudsen, Christopher) |
| Filing 5 ***FILED IN ERROR. Please ignore.***MOTION to Dismiss for Failure to State a Claim, and alternatively, Motion to Transfer Venue, by Southwest Correctional Medical Group Inc, Wellpath LLC. (Attachments: #1 Text of Proposed Order)(Knudsen, Christopher) Modified on 4/26/2023 (kcv, ). |
| ***FILED IN ERROR. Document # 5, MOTION to Dismiss for Failure to State a Claim, and alternatively, Motion to Transfer Venue does not contain the appropriate certificate of conference and should be filed as separate motions. Counsel has been notified. PLEASE IGNORE.*** (kcv, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Collin County Texas to 6/17/2023. 45 Days Granted for Deadline Extension.( bjc, ) |
| Filing 4 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Collin County Texas.( Davis, Robert) (Main Document 4 replaced on 4/20/2023 with flattened image) (bjc, ). |
| ***FILED IN WRONG CASE Document # 3, order. PLEASE IGNORE.*** (bjc, ) |
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Filing 3
***FILED IN WRONG CASE. PLEASE IGNORE.*** ORDERED that this proceeding is stayed pending further notice from the parties. The Clerk's Office is directed to administratively close this case during the pendency of this stay and terminate all pending motions. Signed by Magistrate Judge Christine L. Stetson on 3/10/2023. (bjc, ) Modified on 3/13/2023 (bjc, ).
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| Filing 2 SUMMONS issued and emailed to plaintiffs attorney for service as to Andreas Cardenas, Collin County Texas, Alec Diffata, Blaise Mikulewicsz, Justin Patrick, James Schoelen, Southwest Correctional Medical Group Inc, Wellpath LLC, Christopher Windsor, Austin Wong. (bjc, ) |
| DEMAND for Trial by Jury by Lasandra Scott, Marvin Scott, II. (bjc, ) |
| Case assigned to District Judge Michael J. Truncale. (bjc, ) |
| 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. (bjc, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9389751.), filed by Lasandra Scott, Marvin Scott II. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Coyle, John) (Attachment 1 replaced on 3/8/2023 with flattened image) (bjc, ). |
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