Martinez v Foster, et al
Plaintiff: Maria Guadalupe Martinez
Defendant: Donnie Foster, Community Education Centers Inc, Civigenics-Texas Inc, Business Personal Property and John Does 1 through 35
Case Number: 4:2013cv00059
Filed: February 1, 2013
Court: US District Court for the Eastern District of Texas
Office: Sherman Office
County: Denton
Presiding Judge: Don D. Bush
Presiding Judge: Richard A. Schell
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 28, 2017 Opinion or Order Filing 169 MEMORANDUM OPINION AND ORDER re 164 MOTION for Extension of Time to File NOTICE OF APPEAL filed by Delfino Garcia. Signed by Judge Richard A. Schell on 7/28/2017. (kls, )
June 21, 2017 Opinion or Order Filing 162 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE - Therefore, Defendant Jagdish A. Shah's Unopposed Rule 54(b) Motion for Entry of Final Judgment (Dkt. 154 ) is GRANTED. Signed by Judge Richard A. Schell on 6/21/2017. (baf, )
March 31, 2017 Opinion or Order Filing 149 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 140 Report and Recommendations. Based on the foregoing, Defendant Community Education Centers, Inc.'s Amended Motion to Dismiss (Dkt. 126 ) is GRANTED IN PART AND DENIED IN PART, as follows: (1) Martinez's wrongful death claim against CEC on behalf of the Estate is DISMISSED; (2) Plaintiffs' claims against CEC pursuant to the Texas Constitution are DISMISSED; and (3) Plaintiffs' claims against CEC under the Eighth Amendment are DISMISSED. (4) Plaintiff's claims against CEC under the Fourteenth Amendment and their survival action on behalf of the estate shall proceed. Signed by Judge Richard A. Schell on 3/31/2017. (baf, )
March 30, 2017 Opinion or Order Filing 148 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 139 Report and Recommendations. Accordingly, Defendant Donnie Foster's Amended Motion to Dismiss (Dkt. 124 ) is GRANTED IN PART AND DENIED IN PART as follows: (1) Martinez's wrongful death claim against Defendant Foster on behalf of the Estate is DISMISSED; (2) Plaintiffs' claims pursuant to the Texas Constitution are DISMISSED; (3) Plaintiffs' claims under the Eighth Amendment a re DISMISSED; and (4) Defendant Foster is not entitled to qualified immunity at this time. Plaintiffs' claims under the Fourteenth Amendment, as well as their survival action on behalf of the estate, shall proceed. Signed by Judge Richard A. Schell on 3/30/2017. (baf, )
March 31, 2016 Opinion or Order Filing 115 ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 99 MOTION to Dismiss Third Amended Complaint filed by Donnie Foster, 100 MOTION to Dismiss Third Amended Complaint filed by Communi ty Education Centers Inc, 98 MOTION to Dismiss filed by JAGDISH A. SHAH, 110 Report and Recommendation. ORDERED that Defendants' motions to dismiss (dkt #98, 99, 100) are GRANTED. It is also ORDERED that Plaintiff's complaint is DISMISSED without prejudice. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 3/31/2016. (kls, )
March 2, 2016 Opinion or Order Filing 110 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re 99 MOTION to Dismiss Third Amended Complaint filed by Donnie Foster, 100 MOTION to Dismiss Third Amended Complaint filed by Community Education Centers Inc, 98 MOTION to Dismiss filed by JAGDISH A. SHAH. Signed by Magistrate Judge Don D. Bush on 3/2/2016. (baf, )
March 28, 2014 Opinion or Order Filing 49 ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFENDANT DR. SHAH'S MOTION TO DISMISS OR, ALTERNATIVELY, PLEA IN ABATEMENT - DENYING 29 Motion to Dismiss filed by JAGDISH A. SHAH, 47 Report and Recommendations. Signed by Judge Richard A. Schell on 3/28/2014. (baf, )
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Plaintiff: Maria Guadalupe Martinez
Represented By: Andrew Scott Gardner
Represented By: Sean Shahin Modjarrad
Represented By: Andrew Scott Gardner
Represented By: Sean Shahin Modjarrad
Represented By: Andrew Scott Gardner
Represented By: Sean Shahin Modjarrad
Represented By: Andrew Scott Gardner
Represented By: Sean Shahin Modjarrad
Represented By: Andrew Scott Gardner
Represented By: Sean Shahin Modjarrad
Represented By: Andrew Scott Gardner
Represented By: Sean Shahin Modjarrad
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Defendant: Donnie Foster
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Defendant: Community Education Centers Inc
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Defendant: Civigenics-Texas Inc
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Defendant: Business Personal Property
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Defendant: John Does 1 through 35
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