Koonce v. City of Tom Bean, Texas et al
Plaintiff: Barry Koonce
Defendant: Zach Smith and City of Tom Bean, Texas
Case Number: 4:2019cv00428
Filed: June 10, 2019
Court: US District Court for the Eastern District of Texas
Presiding Judge: Kimberly C Priest Johnson
Referring Judge: Robert W Schroeder
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2019 Opinion or Order Filing 19 ORDER. IT IS HEREBY ORDERED that the Rule 16 Management Conference, presently set on September 12, 2019, is hereby CANCELLED. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/6/2019. (rpc, )
August 5, 2019 Opinion or Order Filing 18 ORDER granting #12 Motion to Stay Discovery. IT IS FURTHER ORDERED that the Motion to Reconsider (Dkt. #14 ) is DENIED AS MOOT. IT IS FURTHER ORDERED that the Motion for Extension (Dkt. #17 ) is GRANTED. Plaintiff's deadline to respond to the pending Motions to Dismiss (Dkts. #10 , #11 ) is hereby extended to September 4, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/5/2019. (rpc, )
August 2, 2019 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss , #11 MOTION to Dismiss by Barry Koonce. (Attachments: #1 Text of Proposed Order)(Huff, Ronald)
August 2, 2019 Filing 16 NOTICE by Barry Koonce re #15 Order, #12 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss, #14 Emergency MOTION re #13 Order,, Set Deadlines/Hearings, Rescind Order, or alternatively, continue deadlines Notice of Withdrawal of Opposition to Defendants' Motion to Stay Discovery and Abatement of Any Order for Rule 26 Conference (Huff, Ronald)
August 2, 2019 Opinion or Order Filing 15 ORDER re #14 Expedited Motion to Reconsider and Rescind Amended Order Governing Proceedings, or Alternatively, to Continue Deadlines Contained in Such Order Until Disposition of Defendants' Motion to Stay Discovery. IT IS HEREBY ORDERED that Plaintiff Barry Koonce shall submit an expedited response to the Motion (Dkt. #14 ) by August 5, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/2/2019. (rpc, )
August 1, 2019 Filing 14 Emergency MOTION re #13 Order,, Set Deadlines/Hearings, Rescind Order, or alternatively, continue deadlines by City of Tom Bean, Texas, Zach Smith. (Attachments: #1 Exhibit Email from Plaintiff's counsel, #2 Text of Proposed Order)(Davis, Robert)
August 1, 2019 Opinion or Order Filing 13 AMENDED ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 9/10/2019. Rule 16 Management Conference set for 9/12/2019 at 01:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/1/2019. (rpc, )
July 31, 2019 Filing 12 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by City of Tom Bean, Texas, Zach Smith. (Attachments: #1 Text of Proposed Order)(Davis, Robert)
July 31, 2019 Filing 11 MOTION to Dismiss by City of Tom Bean, Texas. (Attachments: #1 Exhibit Sgt. Smith TCOLE records, #2 Exhibit Policy Department Philosophy, #3 Exhibit Policy Code of Conduct, #4 Exhibit Policy Performance Assessments, #5 Exhibit Policy Use of Force, #6 Exhibit Policy Misdemeanor Citations, #7 Exhibit Policy Traffic Enforcement, #8 Exhibit Policy Patrol Unit Administration, #9 Text of Proposed Order)(Davis, Robert)
July 31, 2019 Filing 10 MOTION to Dismiss by Zach Smith. (Attachments: #1 Exhibit Video of Traffic Stop (placeholder), #2 Exhibit Transcript of Traffic Stop, #3 Exhibit Chief Green response to Notice of Claim, #4 Exhibit Municipal Court records regarding Ticket, #5 Exhibit Sgt. Smith TCOLE records, #6 Text of Proposed Order)(Davis, Robert)
June 27, 2019 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Zach Smith to 8/5/2019; City of Tom Bean, Texas to 8/5/2019. 30 Days Granted for Deadline Extension.( rpc, )
June 27, 2019 Filing 9 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re City of Tom Bean, Texas, Zach Smith.( Davis, Robert)
June 25, 2019 Filing 8 NOTICE of Attorney Appearance by Robert Jacob Davis on behalf of All Defendants (Davis, Robert)
June 17, 2019 Filing 7 SUMMONS Returned Executed by Barry Koonce. Zach Smith served on 6/13/2019, answer due 7/4/2019. (Attachments: #1 Supplement green card)(Huff, Ronald)
June 17, 2019 Filing 6 SUMMONS Returned Executed by Barry Koonce. City of Tom Bean, Texas served on 6/13/2019, answer due 7/4/2019. (Attachments: #1 Supplement green card)(Huff, Ronald)
June 12, 2019 Opinion or Order Filing 5 ORDER REFERRING CASE to Magistrate Judge. The Court REFERS the above-styled and numbered civil action to United States Magistrate Judge Kimberly C. Priest Johnson to conduct all pretrial proceedings in accordance with 28 U.S.C. 636. Signed by District Judge Robert W. Schroeder, III on 6/12/2019. (rpc, )
June 10, 2019 Filing 4 SUMMONS Issued as to Zach Smith. (rpc, )
June 10, 2019 Filing 3 SUMMONS Issued as to City of Tom Bean, Texas. (rpc, )
June 10, 2019 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, )
June 10, 2019 Case Assigned to District Judge Robert W. Schroeder, III. (rpc, )
June 10, 2019 Filing 2 Additional Attachments to Main Document: Exhibit A to #1 Complaint. (Huff, Ronald) Modified on 6/10/2019 (rpc, ).
June 10, 2019 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7303301.), filed by Barry Koonce. (Attachments: #1 Civil Cover Sheet)(Huff, Ronald)

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Defendant: Zach Smith
Represented By: Robert Jacob Davis
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Defendant: City of Tom Bean, Texas
Represented By: Robert Jacob Davis
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Plaintiff: Barry Koonce
Represented By: Ronald R Huff
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