Martinez v Foster, et al
| Maria Guadalupe Martinez |
| Donnie Foster, Community Education Centers Inc, Civigenics-Texas Inc, Business Personal Property and John Does 1 through 35 |
| 4:2013cv00059 |
| February 1, 2013 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Denton |
| Don D. Bush |
| Richard A. Schell |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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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