Swanston et al v. Windhaven Farm Homeowners Association, Inc. et al
| Constance Swanston and Women's Elevated Sober Living LLC |
| Windhaven Farm Homeowners Association, Inc. and Kendal Reed |
| 4:2019cv00151 |
| March 3, 2019 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Amos L Mazzant |
| Civil Rights: Accomodations |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on April 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 33 PAPER TRANSCRIPT REQUEST by Windhaven Farm Homeowners Association, Inc. for proceedings held on 03/21/2019 Civil Hearing before Judge Kimberly Priest Johnson. (Hubbard, Emileigh) |
Filing 32
ORDER granting in part and denying in part #31 Motion to Extend Deadlines. The Motion is GRANTED with respect to the deadline for Plaintiffs to respond to Defendants' Motions to Dismiss and DENIED with respect to the deadline to file objections to the Report. However, the Court will extend Plaintiffs deadline to file objections. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/22/2019. (rpc, )
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| Filing 31 Unopposed MOTION for Extension of Time to File by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Hunt, Richard) |
| Filing 30 MOTION to Dismiss Pursuant to Rules 12(b)(6) and 12(b)(1) and Joinder in Windhaven's Motion to Dismiss Pursuant to the Colorado River Abstention Doctrine, or in Alternative, Motion to Stay by Kendal Reed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Sowder, James) |
| Filing 29 MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) and the Colorado River Abstention Doctrine, Or In The Alternative, Motion to Stay by Windhaven Farm Homeowners Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Sowder, James) |
| NOTICE of Deficiency regarding the #27 ANSWER to #5 Amended Complaint submitted by Windhaven Farm Homeowners Association, Inc. The Motion to Dismiss was incorrectly filed as Answer to Complaint and the proposed order does not comply with Local Rule CV-7. Correction should be made by one business day. (rpc, ) |
| NOTICE of Deficiency regarding the #28 ANSWER to #5 Amended Complaint submitted by Windhaven Farm Homeowners Association, Inc. The Motion to Dismiss was incorrectly filed as Answer to Complaint and the proposed order does not comply with Local Rule CV-7. Correction should be made by one business day. (rpc, ) |
| Filing 28 ***PLEASE DISREGARD. FILED IN ERROR BY ATTORNEY. INCORRECT DOCKET EVENT USED*** ANSWER to #5 Amended Complaint by Kendal Reed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Sowder, James) Modified on 4/15/2019 (rpc, ). |
| Filing 27 ***PLEASE DISREGARD. FILED IN ERROR BY ATTORNEY. INCORRECT DOCKET EVENT USED*** ANSWER to #5 Amended Complaint by Windhaven Farm Homeowners Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Sowder, James) Modified on 4/15/2019 (rpc, ). |
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Filing 26
ORDER AND REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re Plaintiffs' Motion for Preliminary Injunction (Dkt. #2 ). Within fourteen (14) days after service of the magistrate judge's report, any party may serve and file written objections to the findings and recommendations of the magistrate judge. 28 U.S.C.A. 636(b)(1)(C). Additionally, because the Hearing was conducted as a hearing on the Motion for Preliminary Injunction, Plaintiffs' Application for Temporary Restraining Order (Dkt. #3 ) is hereby DENIED AS MOOT. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/3/2019. (rpc, )
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| Filing 25 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Kendal Reed, Windhaven Farm Homeowners Association, Inc..( Shirley, Katrisha) |
| Filing 24 ***FILED IN ERROR PER ATTORNEY, SEE DKT #25 . PLEASE DISREGARD*** Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Kendal Reed, Windhaven Farm Homeowners Association, Inc..( Shirley, Katrisha) Modified on 3/28/2019 (rpc, ). |
| Filing 23 NOTICE by Kendal Reed, Windhaven Farm Homeowners Association, Inc. re #3 Emergency MOTION for Temporary Restraining Order , #2 MOTION for Preliminary Injunction (Defendants' Notice and Supplement Regarding Plaintiffs' Application for Temporary Injunction) (Attachments: #1 Exhibit Ex A - Temporary Injunction Entered)(Sowder, James) |
| ***PLEASE DISREGARD.*** Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Kendal Reed to 5/2/2019; Windhaven Farm Homeowners Association, Inc. to 5/2/2019. 10 Days Granted for Deadline Extension.( rpc, ) Modified on 3/28/2019 (rpc, ). |
| NOTICE of Deficiency regarding the #22 NOTICE re #3 Emergency MOTION for Temporary Restraining Order, #2 MOTION for Preliminary Injunction (Defendants' Notice and Supplement Regarding Plaintiffs' Application for Temporary Injunection) submitted by Kendal Reed, Windhaven Farm Homeowners Association, Inc. The exhibit was not filed as a separate attachment. Correction should be made by one business day. (rpc, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Kendal Reed to 4/12/2019; Windhaven Farm Homeowners Association, Inc. to 4/12/2019. 10 Days Granted for Deadline Extension.( rpc, ) |
| Filing 22 ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** NOTICE by Kendal Reed, Windhaven Farm Homeowners Association, Inc. re #3 Emergency MOTION for Temporary Restraining Order , #2 MOTION for Preliminary Injunction (Defendants' Notice and Supplement Regarding Plaintiffs' Application for Temporary Injunection) (Shirley, Katrisha) Modified on 3/28/2019 (rpc, ). |
| Filing 21 NOTICE of Attorney Appearance by Katrisha L Shirley on behalf of All Defendants (Shirley, Katrisha) |
| Filing 20 NOTICE of Attorney Appearance by James Logan Sowder on behalf of All Defendants (Sowder, James) |
| Filing 19 REPLY to Response to Motion re #3 Emergency MOTION for Temporary Restraining Order , #2 MOTION for Preliminary Injunction Second Notice of Circumstances filed by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: #1 Exhibit State Court Temporary Injunction)(Hunt, Richard) |
| Filing 18 REPLY to Response to Motion re #3 Emergency MOTION for Temporary Restraining Order , #2 MOTION for Preliminary Injunction Notice of Circumstances filed by Constance Swanston, Women's Elevated Sober Living LLC. (Hunt, Richard) |
| Filing 17 RESPONSE in Opposition re #3 Emergency MOTION for Temporary Restraining Order , #2 MOTION for Preliminary Injunction Brief Regarding Anti-Injunction Act filed by Kendal Reed, Windhaven Farm Homeowners Association, Inc.. (Attachments: #1 Exhibit 1 - Lease, #2 Exhibit 2 - Oxford House Reply Brief)(Hubbard, Emileigh) |
| Filing 16 REPLY to Response to Motion re #3 Emergency MOTION for Temporary Restraining Order , #2 MOTION for Preliminary Injunction Anti-Injunction Act Briefing filed by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: #1 Appendix Baton Rouge discussion, #2 Exhibit Lease, #3 Exhibit Lease, #4 Exhibit Baton Rouge Docket Sheet, #5 Exhibit Shawn Charter, #6 Exhibit Shawn Charter, #7 Exhibit Roy Declaration, #8 Exhibit Cyprowski Declaration)(Hunt, Richard) |
| Filing 15 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Evidentiary Hearing on Application for TRO held on 3/21/2019. (Court Reporter Digital Recording - Plano 108. (Witnesses testimony SEALED) (ttm, ) |
| Evidentiary Hearing set for 3/21/2019 at 09:30 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. (rpc, ) |
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Filing 14
ORDER. The evidentiary hearing on Plaintiffs' Emergency Application for Temporary Restraining Order (Dkt. #3 ) set for March 18, 2019, at 1:30 p.m., is hereby reset to Thursday, March 21, 2019, at 9:30 a.m. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/18/2019. (rpc, )
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| Filing 13 SUMMONS Returned Executed by Constance Swanston, Women's Elevated Sober Living LLC. Kendal Reed served on 3/11/2019, answer due 4/1/2019. (Hunt, Richard) |
| Filing 12 SUMMONS Returned Executed by Constance Swanston, Women's Elevated Sober Living LLC. Windhaven Farm Homeowners Association, Inc. served on 3/12/2019, answer due 4/2/2019. (Hunt, Richard) |
| Filing 11 Exhibit List For Injunction Hearing by Constance Swanston, Women's Elevated Sober Living LLC.. (Hunt, Richard) |
| NOTICE CANCELLING Motion hearing set 3/18/19, to be reset to a later date. (ttm, ) |
| Filing 10 SUMMONS Issued as to Kendal Reed. (rpc, ) |
| Filing 9 SUMMONS Issued as to Windhaven Farm Homeowners Association, Inc. (rpc, ) |
| Filing 8 REPLY to Response to Motion re #3 Emergency MOTION for Temporary Restraining Order filed by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: #1 Exhibit Oxford House v City of Baton Rouge, #2 Exhibit Oxford House v Browning)(Hunt, Richard) |
| Filing 7 RESPONSE to #3 Motion for TRO, filed by Kendal Reed, Windhaven Farm Homeowners Association, Inc.. (Attachments: #1 Exhibit 1 - Deed, #2 Exhibit 2 - Appraisal, #3 Exhibit 3 - Amended Declaration, #4 Text of Proposed Order)(Hubbard, Emileigh) |
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Filing 6
ORDER Setting Hearing on Motion re #3 Emergency MOTION for Temporary Restraining Order. IT IS THEREFORE ORDERED that the Application (Dkt. #3 ) is hereby set for an evidentiary hearing before the undersigned on Monday, March 18, 2019, at 1:30 p.m. IT IS FURTHER ORDERED that Defendants shall file a written response to the Application no later than Friday, March 8, 2018, at 5:00 p.m. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/6/2019. (rpc, )
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| Filing 5 AMENDED COMPLAINT against Kendal Reed, Windhaven Farm Homeowners Association, Inc., filed by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: #1 Exhibit Expert Report of Dr. John Majer)(Hunt, Richard) |
| 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. (rpc, ) |
| Case Assigned to District Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson. (rpc, ) |
| Filing 4 Additional Attachments to Main Document (Civil Cover Sheet): #1 Complaint.. (Hunt, Richard) Modified on 3/4/2019 (rpc, ). |
| Filing 3 Emergency MOTION for Temporary Restraining Order by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: #1 Exhibit Swanston Declaration, #2 Exhibit State Court Amended Petition, #3 Exhibit State Court TRO, #4 Exhibit Sublett Declaration, #5 Text of Proposed Order Proposed Order)(Hunt, Richard) |
| Filing 2 MOTION for Preliminary Injunction by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: #1 Exhibit Swanston Declaration, #2 Exhibit State Court Amended Petition, #3 Exhibit State Court TRO, #4 Exhibit Sublett Declaration, #5 Text of Proposed Order Proposed Order)(Hunt, Richard) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7163068.), filed by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: #1 Exhibit Expert Report of Dr. John Majer)(Hunt, Richard) |
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