Gonzales et al v. Dankel et al
| Andrea Collard Gonzales, Kevin Whitt, Dymphna Ferrel and Brittany Hendrickson |
| Amy Dankel, Cherrie Silas, John Doe, Officer 1, Officer 2, Officer 3, Farrel Ritchie, Bryant Bailey and Robert Montgomery |
| 4:2022cv00416 |
| May 15, 2022 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 52
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Plaintiffs' Motion for Order to Show Cause (Dkt. #40 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 2/6/2023. (baf, )
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Filing 51
ORDER. It is ORDERED that Defendant's Motion to Stay and/or Limit Discovery (Dkt. #32 ) and Defendants McKinney Officers' Amended Motion to Stay Discovery (Dkt. #35 ) are hereby GRANTED. The Court will stay discovery until such time as the Court can resolve Defendants' claims of qualified immunity. Signed by District Judge Amos L. Mazzant, III on 1/27/2023. (rpc, )
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Filing 50
ORDER denying as moot #10 Motion to Dismiss; denying as moot #15 Motion to Dismiss; denying as moot #19 Motion to Dismiss. Signed by District Judge Amos L. Mazzant, III on 1/26/2023. (ch, )
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Filing 49
ORDER finding as moot #7 Motion for More Definite Statement. Signed by District Judge Amos L. Mazzant, III on 1/10/2023. (mmc)
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Filing 48
REPLY to Response to Motion re #33 MOTION for Summary Judgment filed by Farrel Ritchie, Cherrie Silas and Bryant Bailey. (Krueger, William) Modified on 12/9/2022 (mmc).
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Filing 47
ORDER granting #46 First MOTION for Extension of Time to File Response/Reply . It is therefore ORDERED that the McKinney Officers file the Reply within (five) 5 days of entry of this Order. Signed by District Judge Amos L. Mazzant, III on 12/8/2022. (mmc)
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Filing 46
First MOTION for Extension of Time to File Response/Reply by Cherrie Silas. (Attachments: #1 Text of Proposed Order)(Krueger, William)
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Filing 45
REPLY to Response to Motion re #40 MOTION for Order to Show Cause filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Davis, Paul)
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Filing 44
RESPONSE to Motion re #40 MOTION for Order to Show Cause filed by Amy Dankel, Robert Montgomery. (Attachments: #1 Text of Proposed Order)(Crawford, Charles)
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Filing 43
SUR-REPLY to Reply to Response to Motion re #31 MOTION for Summary Judgment on Qualified Immunity filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Davis, Paul)
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Filing 42
RESPONSE in Opposition re #33 MOTION for Summary Judgment filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K, #6 Text of Proposed Order)(Davis, Paul)
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Filing 41
RESPONSE in Opposition re #35 Amended MOTION to Stay Discovery filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Text of Proposed Order)(Davis, Paul)
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Filing 40
MOTION for Order to Show Cause by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Davis, Paul)
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Filing 39
REPLY to Response to Motion re #31 MOTION for Summary Judgment on Qualified Immunity filed by Amy Dankel, Robert Montgomery. (Crawford, Charles)
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Filing 38
RESPONSE in Opposition re #31 MOTION for Summary Judgment on Qualified Immunity filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Exhibit A - Declaration of Chad Green, #2 Exhibit B - Declaration of Paul Elliott, #3 Exhibit C - Declaration of Brittany Hendrickson, #4 Exhibit D - Declaration of Deborah Goodman, #5 Exhibit Declaration of Dymphna Ferrel, #6 Exhibit F - Rumble Video, #7 Text of Proposed Order Denying or Continuing Motion)(Davis, Paul)
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NOTICE of Deficiency regarding the Proposed Pretrial Order #37 submitted by Cherrie Silas. Proposed Orders are not filed as stand alone documents. Clerk will attach to Motion #33 . (las, )
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Filing 37
***FILED IN ERROR. PLEASE DISREGARD. NOW ATTACHED TO DKT [#33].*** Proposed Pretrial Order Proposed Order Granting McKinney Officers' Second Motion for Summary Judgment by Cherrie Silas. (Krueger, William) Modified on 9/28/2022 (las, ). Modified on 9/28/2022 (las, ).
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Filing 36
RESPONSE in Opposition re #32 MOTION to Stay and/or Limit Discovery filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Text of Proposed Order)(Davis, Paul)
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Filing 35
Amended MOTION to Stay Discovery by Cherrie Silas. (Attachments: #1 Text of Proposed Order)(Krueger, William)
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NOTICE of Deficiency regarding the #34 MOTION to Stay submitted by Cherrie Silas. The motion is missing a certificate of conference and proposed order. Correction should be made by One Business Day. (las, )
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Filing 34
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION to Stay by Cherrie Silas. (Krueger, William) Modified on 9/26/2022 (las, ).
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Filing 33
MOTION for Summary Judgment by Cherrie Silas. (Krueger, William)
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Filing 32
MOTION to Stay and/or Limit Discovery by Amy Dankel, Robert Montgomery. (Attachments: #1 Text of Proposed Order)(Crawford, Charles)
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Filing 31
MOTION for Summary Judgment on Qualified Immunity by Amy Dankel, Robert Montgomery. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Text of Proposed Order)(Crawford, Charles)
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Filing 30
ORDER denying #26 Rule 56(d)(2) Motion for Continuance. Signed by District Judge Amos L. Mazzant, III on 9/1/2022. (mmc)
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Filing 29
ANSWER to Complaint by Cherrie Silas, Farrel Ritchie and Bryant Bailey.(Krueger, William) Modified text to include all defendants listed in Answer on 8/25/2022 (mmc).
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Filing 28
ANSWER to #22 Amended Complaint, by Amy Dankel, Robert Montgomery.(Crawford, Charles)
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Filing 27
ORDER denying as moot #12 Motion to Stay. Signed by District Judge Amos L. Mazzant, III on 8/12/2022. (ch, )
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Filing 26
MOTION to Continue Plaintiffs' Rule 56(d)(2) Motion for Continuance of McKinney Officers' Motion for Summary Judgment (relates to Doc. No. 10) by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Exhibit Exhibit A - Declaration of Dymphna Ferrel, #2 Text of Proposed Order)(Davis, Paul)
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Filing 25
RESPONSE to Motion re #10 MOTION to Dismiss filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Text of Proposed Order)(Davis, Paul)
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Filing 24
RESPONSE to Motion re #15 MOTION to Dismiss filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Text of Proposed Order)(Davis, Paul)
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Filing 23
RESPONSE to Motion re #19 MOTION to Dismiss filed by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Text of Proposed Order)(Davis, Paul)
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Filing 22
AMENDED COMPLAINT Second Amended Complaint (filed with Defendants' written consent pursuant to Fed. R. Civ. P. 15(a)(2)) against Bryant Bailey, Amy Dankel, Robert Montgomery, Farrel Ritchie, Cherrie Silas, filed by Kevin Whitt, Andrea Collard Gonzales, Brittany Hendrickson, Dymphna Ferrel.(Davis, Paul)
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Filing 21
ORDER granting #17 Unopposed MOTION for Extension of Time to File Response as to #15 MOTION to Dismiss , #10 MOTION to Dismiss (requesting extension of response deadlines to August 8, 2022). Responses due by 8/8/2022. Signed by District Judge Amos L. Mazzant, III on 7/20/2022. (daj, )
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Filing 20
ORDER granting #13 Motion to Stay Discovery and discovery is stayed pending the Court's ruling on the McKinney Officers' Motion to Dismiss, or in the alternative, Motion for Summary Judgment (Dkt. #10 ). It is further ORDERED that Plaintiffs' deadline to file their response to Plaintiffs' Motion to Dismiss is extended by two weeks, to July 25, 2022. Signed by District Judge Amos L. Mazzant, III on 7/20/2022. (rpc, )
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Filing 19
MOTION to Dismiss by Robert Montgomery. (Attachments: #1 Text of Proposed Order)(Crawford, Charles)
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Filing 18
WAIVER OF SERVICE Returned Executed by Kevin Whitt, Andrea Collard Gonzales, Brittany Hendrickson, Dymphna Ferrel. Robert Montgomery waiver sent on 7/14/2022, answer due 9/12/2022. (Davis, Paul)
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Filing 17
Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss , #10 MOTION to Dismiss (requesting extension of response deadlines to August 8, 2022) by Dymphna Ferrel, Andrea Collard Gonzales, Brittany Hendrickson, Kevin Whitt. (Attachments: #1 Text of Proposed Order)(Davis, Paul)
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Filing 16
SUMMONS Issued as to Robert Montgomery. (mmc)
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Filing 15
MOTION to Dismiss by Amy Dankel. (Attachments: #1 Text of Proposed Order)(Crawford, Charles)
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Filing 14
NOTICE of Attorney Appearance by William W Krueger, III on behalf of Bryant Bailey, Farrel Ritchie, Cherrie Silas (Krueger, William)
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Filing 13
Agreed MOTION to Stay re #12 Opposed MOTION to Stay Discovery by Bryant Bailey, Farrel Ritchie, Cherrie Silas. (Attachments: #1 Text of Proposed Order)(Bearden, James)
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Counsel are advised that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls)
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Filing 12
Opposed MOTION to Stay Discovery by Bryant Bailey, Farrel Ritchie, Cherrie Silas. (Attachments: #1 Text of Proposed Order)(Bearden, James)
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Filing 11
NOTICE by Bryant Bailey, Farrel Ritchie, Cherrie Silas re #10 MOTION to Dismiss Notice of Manual Filing (Bearden, James)
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Filing 10
MOTION to Dismiss by Bryant Bailey, Farrel Ritchie, Cherrie Silas. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(Bearden, James)
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Filing 9
AMENDED COMPLAINT against Amy Dankel, Cherrie Silas, Farrel Ritchie, Bryant Bailey, Robert Montgomery, filed by Kevin Whitt, Andrea Collard Gonzales, Dymphna Ferrel, Farrel Ritchie, Bryant Bailey, Brittany Hendrickson, Robert Montgomery.(Davis, Paul)
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Filing 8
ORDER granting #6 Motion for Extension of Time to Answer re #6 Agreed MOTION for Extension of Time to File Answer . Answer due 6/28/2022. Signed by District Judge Amos L. Mazzant, III on 6/6/2022. (mem)
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Answer Due Deadline Updated for Amy Dankel to 6/28/2022; John Doe to 6/28/2022; Officer 1 to 6/28/2022; Officer 2 to 6/28/2022; Officer 3 to 6/28/2022; Cherrie Silas to 6/28/2022. (mem)
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Filing 7
MOTION for More Definite Statement by Amy Dankel. (Attachments: #1 Text of Proposed Order)(Crawford, Charles)
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Filing 6
Agreed MOTION for Extension of Time to File Answer by Amy Dankel, John Doe, Officer 1, Officer 2, Officer 3, Cherrie Silas. (Attachments: #1 Text of Proposed Order)(Bearden, James)
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Filing 5
SUMMONS Returned Executed by Kevin Whitt, Andrea Collard Gonzales. Amy Dankel served on 5/17/2022, answer due 6/7/2022. (Davis, Paul)
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Filing 4
SUMMONS Issued as to Cherrie Silas. (mem)
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Filing 3
SUMMONS Issued as to Amy Dankel. (mem)
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Case assigned to District Judge Amos L. Mazzant, III. (mem)
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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. (mem)
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Filing 2
ADDITIONAL ATTACHMENT TO MAIN DOCUMENT #1 Complaint: Civil Cover Sheet by Andrea Collard Gonzales, Kevin Whitt (Davis, Paul) Modified Plaintiff name on 5/16/2022 (mem).
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 Collard Gonzales.(Davis, Paul) Modified plaintiff name on 5/16/2022 (mem).
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