Smith v. City of Princeton Texas et al
| Joyce Ann Smith |
| City of Princeton Texas and Anne Angell |
| 4:2017cv00085 |
| February 3, 2017 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Collin |
| Christine A. Nowak |
| Amos L. Mazzant |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
148
MEMORANDUM ADOPTING 146 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is, therefore, ORDERED that each of Plaintiff Joyce Ann Smith's post-appeal motions, that is, her (1) "Motion for Preliminary Injunction" (Dk t. # 79 ); (2) "Motion for [Rule] 60(B)(3)(6) Vacant [sic] Judgement [sic]" (Dkt. # 82 ); (3) "Motion for 201 D. [sic] Judicial Notice of Adjudicative Fact" (Dkt. # 90 ); (4) "Motion [for] Default Judgment against Responden t First Choice Towing" (Dkt. # 92 ); (5) "Second Motion for Relief from Defendant City of Princeton" (Dkt. # 99 ); (6) "Second Reply Motion [for] Default Judgement [sic] against Respondent First Choice Towing" (Dkt. # 101 ) ; (7) "Second Motion for 201 D. [sic] Judicial Notice of Adjudicative Fact" (Dkt. # 102 ); (8) "Motion of Signing Pleadings, Motions, and Other Papers; Representations to the Court; [and] Sanctions Against the Defendant City of Proi nceton [sic]" (Dkt. # 103 ); (9) "Motion for Failure to Rule on a Motion and Delay the Judgment [under] Rule 53.1" (Dkt. # 110 ); (10) "Opposition Motion to Respondent City of Princeton Counterclaim Re Docket111" (Dkt. #[11 5]); (11) "Motion for Emergency Application for Writ of Mandamus [,] Vacate Judgement [sic], Restraining Order, Fraudulent Representation, Default Judgement [sic] and Preliminary Injunctive Relief" (Dkt. # 125 ); and (12) "Motion to S trike Defendants' Affirmative Allegations and Defenses" (Dkt. # 131 ) are hereby DENIED. It is further ORDERED that Defendant City of Princeton's (1) Motion to Recover Attorney's Fees (Dkt. # 123 ); (2) Motion to Strike (Dkt. # 128 ); (3) Motion for a Telephonic Management Conference (Dkt. # 135 ); and (4) First Supplemental Motion to Recover Additional Attorney's Fees (Dkt. # 138 ) are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 7/24/2020. (daj, )
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Filing
71
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 67 . ORDERED that Defendant City of Princeton, Texas's Motion to Dismiss (Dkt. #48) and Motions to Strike Plaintiff's Third Amended Complaint (Dkts. #54, #57) are GRANTED, and Plaintiff Joyce Ann Smith's Motion Judgment for A Matter of Law (Dkt. #43) is DENIED. Plaintiff Joyce Ann Smith's claims against the City of Princeton, Anne Angell, and the City of Princeton's Code Enforcement Department are hereby DISMISSED pursuant to Rule 12(b)(6) and § 1915 for failure to state a claim. All relief not previously granted is DENIED. Signed by District Judge Amos L. Mazzant, III on 1/8/2018. (rpc, )
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Filing
44
MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE for 33 Report and Recommendations. It is, therefore, ORDERED that each of Defendants City of Princeton, Texas's Motion to Dismiss (Dkt. 28 ) and Defendant Anne Angell's Motion to Dismiss (Dkt. 29 ) are DENIED. It is further ORDERED that Plaintiff shall file a second amended complaint no later than fourteen (14) days from the date of this Memorandum Adopting Report and Recommendation of United States Magistrate Judge. Failure to amend and cure the deficiencies identified herein could result in Plaintiff's case being dismissed. Signed by Judge Amos L. Mazzant, III on 7/18/2017. (baf, )
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