Merisier v. Johnson County, Texas et al
| Carline Merisier |
| Zachary T Jones, Jefferey Acklen, Bill Moore, Nebraska Furniture Mart, Johnson County, Texas, Michael Dickens, Texas Denton County, Denton County District Attorney's Office, Stuart Madison, Casey McGregor and TXFM Inc |
| 4:2020cv00520 |
| July 7, 2020 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Sean D Jordan |
| Christine A Nowak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 49 Case assigned to District Judge Sean D. Jordan and referred to Magistrate Judge Christine A. Nowak. (Attachments: #1 Magistrate referral) (daj, ) |
| Filing 48 Case transferred in from District of Texas Northern; Case Number 3:19-cv-02911. Original file certified copy of transfer order and docket sheet received. |
| 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. **Consent form mailed to plaintiff. (daj, ) |
Filing 47
ORDER ACCEPTING #16 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court therefore GRANTS defendants Denton County Criminal District Attorney's Office and Michael Dickens' motion to transfer venue [Doc. No. #11 ] and SEVERS Counts IV, V, VI, VII, VIII, IX, X, and XI in plaintiff Cariline Merisier's first amended complaint [Doc. No. #5 ] against defendants Denton County Criminal District Attorney's Office, Michael Dickens, TXFM, Inc., and Casey McGregor and TRANSFERS those aspects of this case to the Sherman Division of the Eastern District of Texas. Accordingly, the Court also DISMISSES AS MOOT and without prejudice to their refiling in the Sherman Division of the Eastern District of Texas the following motions now pending in this district: (1) defendants Denton County Criminal District Attorney's Office and Michael Dickens's motion to dismiss Merisier's claims against them under Federal Rule of Civil Procedure 12(b)(6) [Dkt Nos. #13 & #14 ]; (2) their motion to stay discovery [Dkt. No. #15 ]; and (3) defendant TXFM, Inc.'s motion to dismiss Merisier's claims against it under Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6) [Dkt. No. #18 ]. (Ordered by Judge Brantley Starr on 7/6/2020) (ykp) [Transferred from Texas Northern on 7/7/2020.]
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| Filing 46 RESPONSE AND OBJECTION filed by Denton County District Attorney's Office, Michael Dickens re: #37 MOTION for Leave to File Second Amended Complaint (Yancey, Claire) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 45 RESPONSE filed by Jefferey Acklen, Johnson County, Texas, Stuart Madison, Bill Moore re: #37 MOTION for Leave to File Second Amended Complaint (Litke, Jennifer) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 44 RESPONSE filed by TXFM Inc re: #37 MOTION for Leave to File Second Amended Complaint (Hart Sneed, Katherine) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 43 RESPONSE filed by Zachary T Jones re: #37 MOTION for Leave to File Second Amended Complaint (Levine, Scott) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 42 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Zachary T Jones. (Levine, Scott) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 41 ANSWER to #5 Amended Complaint filed by Zachary T Jones. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Levine, Scott) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 40 MOTION to Dismiss and Brief in Support filed by Zachary T Jones with Brief/Memorandum in Support. Attorney Scott D Levine added to party Zachary T Jones(pty:dft) (Levine, Scott) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 39 SUMMONS Returned Executed as to Zachary T Jones ; served on 6/8/2020. (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
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Filing 38
ORDER SETTING BRIEFING SCHEDULE re: #37 Motion for Leave to File Second Amended Complaint. Responses due by 7/3/2020. Replies due by 7/20/2020. (Ordered by Magistrate Judge David L. Horan on 6/2/2020) (axm) [Transferred from Texas Northern on 7/7/2020.]
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| Filing 37 MOTION for Leave to File Second Amended Complaint filed by Carline Merisier with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment) (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 36 SUMMONS Returned Executed as to Jefferey Acklen; served on 3/13/2020; Denton County District Attorney's Office; served on 3/13/2020; Denton County, Texas; served on 3/13/2020; Michael Dickens; served on 3/13/2020; Johnson County, Texas; served on 3/13/2020; Stuart Madison; served on 3/13/2020; Casey McGregor; served on 3/13/2020; Bill Moore; served on 3/13/2020; Nebraska Furniture Mart; served on 3/13/2020; TXFM Inc; served on 3/13/2020. (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
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Filing 35
MEMORANDUM OPINION AND ORDER ON MOTIONS FOR LEAVE: The Court therefore DENIES the motion for leave to extend the deadline to file a second amended complaint as of course [Dkt. No. #32 ]. The Court therefore GRANTS the motion for leave to extend the time to effect service on Defendant Zachary T. Jones [Dkt. No. #33 ] to the extent that the Court EXTENDS that deadline to June 25, 2020. (Ordered by Magistrate Judge David L. Horan on 5/26/2020) (ndt) [Transferred from Texas Northern on 7/7/2020.]
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| Filing 34 REPLY filed by TXFM Inc re: #18 MOTION to Dismiss Pursuant to Rule 12(b)(3) and 12(b)(6) (Hart Sneed, Katherine) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 33 MOTION to Extend Time To Effect Service of Summons Deadline on Zachary T. Jones filed by Carline Merisier (Attachments: #1 Affidavit(s) AFFIDAVIT OF ATTEMPTED PERSONAL SERVICE) (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 32 MOTION for Extension of Time to File Amended ComplaintAs of Right filed by Carline Merisier (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 31 REPLY filed by Denton County District Attorney's Office, Michael Dickens re: #15 MOTION to Stay (Yancey, Claire) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 30 REPLY filed by Michael Dickens re: #14 Motion to Dismiss for Failure to State a Claim (Yancey, Claire) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 29 REPLY filed by Denton County District Attorney's Office re: #13 Motion to Dismiss for Failure to State a Claim (Yancey, Claire) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 28 RESPONSE filed by Carline Merisier re: #18 MOTION to Dismiss Pursuant to Rule 12(b)(3) and 12(b)(6) (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 27 RESPONSE filed by Carline Merisier re: #15 MOTION to Stay Discovery. (axm) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 26 RESPONSE filed by Carline Merisier re: #14 Motion to Dismiss for Failure to State a Claim. (axm) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 25 RESPONSE filed by Carline Merisier re: #13 Motion to Dismiss for Failure to State a Claim. (axm) [Transferred from Texas Northern on 7/7/2020.] |
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Filing 24
ORDER granting #22 Motion for Leave to File Out-of-Time Responses. The Court DIRECTS the Clerk of Court to docket Dkt. Nos. 22-1, 22-2, and 22-3 as her responses to the Denton County Defendants' motions. (Ordered by Magistrate Judge David L. Horan on 5/5/2020) (axm) [Transferred from Texas Northern on 7/7/2020.]
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Filing 23
ORDER SETTING BRIEFING SCHEDULE: Merisier must file a written response to the motion by 6/3/2020. The Johnson County Defendants may file a reply brief by 6/18/2020. (Ordered by Judge Brantley Starr on 5/4/2020) (aaa) [Transferred from Texas Northern on 7/7/2020.]
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| Filing 22 MOTION for Extension of Time to File Response/Reply to #13 Motion to Dismiss for Failure to State a Claim, #15 MOTION to Stay, #14 Motion to Dismiss for Failure to State a Claim filed by Carline Merisier (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 21 Appendix in Support filed by Jefferey Acklen, Johnson County, Texas, Stuart Madison, Bill Moore re #20 MOTION to Dismiss Plaintiff's Amended Complaint (Blaies, Grant) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 20 MOTION to Dismiss Plaintiff's Amended Complaint filed by Jefferey Acklen, Johnson County, Texas, Stuart Madison, Bill Moore with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Blaies, Grant) [Transferred from Texas Northern on 7/7/2020.] |
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Filing 19
ORDER SETTING BRIEFING SCHEDULE : re: #18 MOTION to Dismiss Pursuant to Rule 12(b)(3) and 12(b)(6). Merisier must file a written response to the motion to dismiss by 5/7/2020. TXFM may file a reply brief, but no additional documents, by 5/22/2020. (Ordered by Magistrate Judge David L. Horan on 4/6/2020) (ndt) [Transferred from Texas Northern on 7/7/2020.]
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| Filing 18 MOTION to Dismiss Pursuant to Rule 12(b)(3) and 12(b)(6) filed by TXFM Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Katherine Marie Hart Sneed added to party TXFM Inc(pty:dft) (Hart Sneed, Katherine) [Transferred from Texas Northern on 7/7/2020.] |
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Filing 17
ORDER SETTING BRIEFING SCHEDULE re: #13 Motion to Dismiss for Failure to State a Claim; #15 MOTION to Stay; #14 Motion to Dismiss for Failure to State a Claim. Responses due by 5/1/2020. Replies due by 5/18/2020. (Ordered by Magistrate Judge David L. Horan on 3/31/2020) (epm) Modified on 4/14/2020 (mcrd). [Transferred from Texas Northern on 7/7/2020.]
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Filing 16
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendants Denton County Criminal District Attorney's Office and Michael Dickens's #11 MOTION to Transfer Case out of District/Division to the extent that the Court should sever Counts IV, V, VI, VII, VIII, IX, X, and XI and transfer those aspects of this case to the Sherman Division of the Eastern District of Texas. (Ordered by Magistrate Judge David L. Horan on 3/31/2020) (epm) Modified on 4/14/2020 (mcrd). [Transferred from Texas Northern on 7/7/2020.]
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| Filing 15 MOTION to Stay Discovery filed by Denton County District Attorney's Office, Michael Dickens with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Yancey, Claire) Modified text and event type on 3/31/2020 (ykp). [Transferred from Texas Northern on 7/7/2020.] |
| Filing 14 Motion to Dismiss for Failure to State a Claim filed by Michael Dickens with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Proposed Order) (Yancey, Claire) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 13 Motion to Dismiss for Failure to State a Claim filed by Denton County District Attorney's Office with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Proposed Order) (Yancey, Claire) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 12 RESPONSE filed by Carline Merisier re: #11 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) MAP & DIRECTIONS) (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 11 MOTION to Transfer Case out of District/Division filed by Denton County District Attorney's Office, Michael Dickens (Attachments: #1 Proposed Order)Attorney Claire Raney Yancey added to party Denton County District Attorney's Office(pty:dft), Attorney Claire Raney Yancey added to party Michael Dickens(pty:dft) (Yancey, Claire) [Transferred from Texas Northern on 7/7/2020.] |
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Filing 10
ORDER granting #9 Motion for Extension of Time to File Answer re #5 Amended Complaint. The Court, finding good cause, GRANTS the motion under Federal Rule of Civil Procedure 6(b)(1)(A). And the Johnson County Defendants must respond to the amended complaint by 5/1/2020. (Ordered by Magistrate Judge David L. Horan on 3/27/2020) (ykp) [Transferred from Texas Northern on 7/7/2020.]
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| Filing 9 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint filed by Jefferey Acklen, Johnson County, Texas, Stuart Madison, Bill Moore (Attachments: #1 Proposed Order Granting Unopposed Motion to Extend Time for Defendants to Answer or Otherwise Respond to Plaintiff's Amended Complaint)Attorney Grant D Blaies added to party Jefferey Acklen(pty:dft), Attorney Grant D Blaies added to party Johnson County, Texas(pty:dft), Attorney Grant D Blaies added to party Stuart Madison(pty:dft), Attorney Grant D Blaies added to party Bill Moore(pty:dft) (Blaies, Grant) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 8 Summons Issued as to Jefferey Acklen, Denton County District Attorney's Office, Michael Dickens, Johnson County, Texas, Zachary T Jones, Stuart Madison, Bill Moore, TXFM Inc. (ndt) [Transferred from Texas Northern on 7/7/2020.] |
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Filing 7
ORDER ACCEPTING #4 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court therefore DISMISSES WITHOUT PREJUDICE the claims against Casey McGregor under 28 U.S.C. 1406(a). (Ordered by Judge Brantley Starr on 2/24/2020) (ykp) [Transferred from Texas Northern on 7/7/2020.]
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| Filing 6 Request for Clerk to issue Summons filed by Carline Merisier. (Attachments: #1 summons, #2 summons, #3 summons, #4 summons, #5 summons, #6 summons, #7 summons, #8 summons) (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 5 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Carline Merisier. Plaintiff will submit summons(es) for issuance. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Merisier, Carline) [Transferred from Texas Northern on 7/7/2020.] |
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Filing 4
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should sever the claims against Defendants Nebraska Furniture Mart and Casey McGregor and dismiss those claims without prejudice under 28 U.S.C. 1406(a). (Ordered by Magistrate Judge David L. Horan on 12/11/2019) (twd) [Transferred from Texas Northern on 7/7/2020.]
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| Filing 3 COMPLAINT against Jefferey Acklen, Johnson County, Texas, Zachary T Jones, Stuart Madison, Casey McGregor, Billy Moore, Nebraska Furniture Mart filed by Carline Merisier. (Filing fee $400.00; Receipt number 120888) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (cdt) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 2 Notice and Instruction to Pro Se Party. (cdt) [Transferred from Texas Northern on 7/7/2020.] |
| Filing 1 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (cdt) [Transferred from Texas Northern on 7/7/2020.] |
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