Ward v. City of Allen et al
| Cassady Ward |
| City of Allen, James O Skinner, John Doe 1-6, Chief Brian E. Harvey, LT. Steven May, SGT. Cody Turner, Officer William Brindza and Officer Keith White |
| Hon. Paul D. Stickney |
| 4:2022cv00745 |
| August 30, 2022 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Christine A Nowak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Minute Entry for proceedings held before Magistrate Judge Christine A. Nowak: : Telephonic Motion Hearing on Docket 42 held on 03/30/2023. Case called at 3:41 p.m. Ty Clevenger and Jonathan Gross appeared on behalf of Plaintiff. David Craft appeared on behalf of Defendants. Discussion regarding Dkt. 42. Court denies request to impose a mediation deadline, pursuant to the Order staying discovery and entry of a scheduling order pending resolution of Defendants assertion of immunity, Dkt. 37. Parties are not precluded from attending an early mediation if they so choose. Court denies Dkt. 42. Court adjourned at 3:49 p.m. (No exhibits)(Court Reporter Digital Recording.) (dm, ) |
Filing 43
ORDER setting telephonic hearing on Motion: re #42 Joint MOTION to Amend/Correct Clarify Mediation Order filed by City of Allen. Hearing set for 3/30/23 at 2:30 pm. Signed by Magistrate Judge Christine A. Nowak on 3/27/23. (dm, )
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| NOTICE of Hearing on Motion #42 Joint MOTION to Amend/Correct Clarify Mediation Order : Telephonic Motion Hearing set for 3/30/2023 02:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. (dm, ) |
| Filing 42 Joint MOTION to Amend/Correct Clarify Mediation Order by City of Allen. (Attachments: #1 Text of Proposed Order)(Bright, Gerald) |
| Filing 41 SUR-REPLY to Reply to Response to Motion re #29 MOTION to Dismiss P's 1st Amd Complaint filed by Cassady Ward. (Gross, Jonathan) |
| Filing 40 REPLY to Response to Motion re #29 MOTION to Dismiss P's 1st Amd Complaint filed by Brian E. Harvey. (Craft, David) |
| Filing 39 RESPONSE in Opposition re #29 MOTION to Dismiss P's 1st Amd Complaint filed by Cassady Ward. (Gross, Jonathan) |
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Filing 38
ORDER REFERRING CASE OT MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with the Court's Mediation Plan. By agreement of the Parties [Dkt. 33], the mediator assigned is: The Honorable Paul Stickney. Signed by Magistrate Judge Christine A. Nowak on 2/17/2023. (daj, )
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Filing 37
ORDER. ORDERED that discovery is STAYED pending resolution of Defendants' assertions of immunity. It is further ORDERED that, in light of the stay, the Rule 16 Management Conference set for Friday, February 10, 2023, at 2:30 p.m. [Dkt. 26] is CANCELED. Signed by Magistrate Judge Christine A. Nowak on 2/17/2023. (daj, )
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| Filing 36 NOTICE by City of Allen re #34 Order on Motion for Extension of Time to File Response/Reply, of Joint Request for Stay of Discovery and Request to Delay Entry of Scheduling Order (Attachments: #1 Text of Proposed Order)(Craft, David) |
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Filing 35
ORDER granting in part #32 Unopposed MOTION Permission to Appear by Telephone re #26 Order, Set Hearings filed by Cassady Ward. All Parties shall attend the Rule 16 scheduling conference set for Friday, February 10, 2023, at 2:30 p.m. via videoconference. Signed by Magistrate Judge Christine A. Nowak on 2/7/2023. (daj, )
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Filing 34
ORDER granting #31 Unopposed MOTION for Extension of Time to File Response as to #29 MOTION to Dismiss P's 1st Amd Complaint until February 27, 2023. Responses due by 2/27/2023. It is further ORDERED that the Parties shall jointly notify the Court whether a stay is requested no later than Thursday, February 9, 2023, at 5:00 p.m. Signed by Magistrate Judge Christine A. Nowak on 2/7/2023. (daj, )
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| Filing 33 STATUS REPORT Supp Joint Conference Report by William Brindza, City of Allen, Brian E. Harvey, Steven May, Cody Turner, Keith White. (Bright, Gerald) |
| Filing 32 Unopposed MOTION Permission to Appear by Telephone re #26 Order, Set Hearings by Cassady Ward. (Attachments: #1 Text of Proposed Order)(Clevenger, Ty) |
| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss P's 1st Amd Complaint until February 27, 2023 by Cassady Ward. (Attachments: #1 Text of Proposed Order)(Gross, Jonathan) (Attachment 1 replaced on 2/7/2023) (daj, ). |
| Filing 30 SUR-REPLY to Reply to Response to Motion re #4 MOTION to Dismiss and Brief in Support filed by Cassady Ward. (Gross, Jonathan) |
| Filing 29 MOTION to Dismiss P's 1st Amd Complaint by William Brindza, Brian E. Harvey, John Doe 1-6, Steven May, James O Skinner, Cody Turner, Keith White. (Bright, Gerald) |
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Filing 28
ORDER granting #27 Motion for Extension of Time to File. The deadline to file a sur-reply to Defendant City of Allen's Reply in support of its Motion to Dismiss is extended to Tuesday, January 31, 2023 . Signed by Magistrate Judge Christine A. Nowak on 1/25/2023. (daj, )
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| Filing 27 MOTION for Extension of Time to File Sur-Reply by Cassady Ward. (Attachments: #1 Text of Proposed Order)(Clevenger, Ty) |
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Filing 26
ORDER: Rule 16 Management Conference RESET for 2/10/2023 at 02:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 1/20/2023. (mmc)
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| Filing 25 REPLY to Response to Motion re #14 MOTION to Dismiss P's 1st Amd Complaint filed by City of Allen. (Craft, David) |
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Filing 24
ORDER granting #23 Unopposed MOTION for Extension of Time to File Reply as to #22 Response to Motion to Dismiss re #14 MOTION to Dismiss P's 1st Amd Complaint. Reply due by 1/17/2023. Signed by Magistrate Judge Christine A. Nowak on 1/9/2023. (mmc)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 Response to Motion to Dismiss by City of Allen. (Attachments: #1 Text of Proposed Order)(Craft, David) |
| Filing 22 RESPONSE to Motion re #14 MOTION to Dismiss P's 1st Amd Complaint filed by Cassady Ward. (Attachments: #1 Text of Proposed Order denying City's Motion to Dismiss)(Gross, Jonathan) |
| Filing 21 NOTICE Joint Conference Report by William Brindza, City of Allen, Brian E. Harvey, John Doe 1-6, Steven May, James O Skinner, Cody Turner, Keith White (Bright, Gerald) Modified on 12/13/2022 (mmc). |
| Filing 20 NOTICE Initial disclosures of Discovery Disclosure by Cassady Ward (Gross, Jonathan) Modified on 12/13/2022 (mmc). |
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Filing 19
ORDER granting #18 Unopposed MOTION for Extension of Time to File Response as to #14 MOTION to Dismiss P's 1st Amd Complaint. The deadline to file a response to the Motion to Dismiss [Dkt. 14] is extended to Monday, January 2, 2023. Signed by Magistrate Judge Christine A. Nowak on 12/7/2022. (mmc)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss P's 1st Amd Complaint by Cassady Ward. (Attachments: #1 Text of Proposed Order to extend time)(Gross, Jonathan) |
| NOTICE of Deficiency regarding #17 Motion for Extension of Time submitted by Cassady Ward: Certificate of Conference required per Local Rule CV-7(i). Correction should be made by one business day. (mmc) |
| Filing 17 ***FILING ERROR - PLEASE IGNORE*** Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss P's 1st Amd Complaint by Cassady Ward. (Gross, Jonathan) Modified on 12/6/2022 (mmc). |
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Filing 16
ORDER: Rule 16 Management Conference RESCHEDULED for 1/23/2023 at 03:00 PM in Ctrm A01 (Sherman - Annex) BEFORE Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 11/28/2022. (mmc)
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Filing 15
ORDER denying as moot #4 Motion to Dismiss; denying as moot #6 MOTION for Extension of Time to File Response. Signed by Magistrate Judge Christine A. Nowak on 11/28/2022. (mmc)
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| Filing 14 MOTION to Dismiss 1st Amended Complaint by City of Allen. (Bright, Gerald) Modified text on 11/29/2022 (mmc). |
| Filing 13 SUMMONS Issued as to William Brindza. (mmc) |
| Filing 12 SUMMONS Issued as to Steven May. (mmc) |
| Filing 11 SUMMONS Issued as to Keith White. (mmc) |
| Filing 10 SUMMONS Issued as to Cody Turner. (mmc) |
| Filing 9 SUMMONS Issued as to Brian E. Harvey. (mmc) |
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Filing 8
REFERRAL ORDER: Pursuant to 28 U.S.C. 636 and Local Rule CV-72, the undersigned hereby REFERS this case to U. S. Magistrate Judge Christine A. Nowak for all pretrial proceedings. Signed by District Judge Sean D. Jordan on 11/15/2022. (mmc)
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| Filing 7 AMENDED COMPLAINT against All Defenants, filed by Cassady Ward.(Gross, Jonathan) Modified text on 11/15/2022 (mmc). |
| Filing 6 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss and Brief in Support by Cassady Ward. (Attachments: #1 Exhibit Email to opposing counsel, #2 Text of Proposed Order Proposed order)(Gross, Jonathan) |
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Filing 5
ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Report due by 12/13/2022. Rule 16 Management Conference set for 1/25/2023 at 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 11/8/2022. (mmc)
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| Filing 4 MOTION to Dismiss and Brief in Support by City of Allen. Responses due by 11/14/2022 (Craft, David) |
| Filing 3 NOTICE of Attorney Appearance by Jonathan Gross on behalf of Cassady Ward (Gross, Jonathan) |
| Filing 2 NOTICE OF ERRATA by Cassady Ward re #1 Complaint (Clevenger, Ty) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9098050.), filed by Cassady Ward. (Attachments: #1 Civil Cover Sheet)(Clevenger, Ty) |
| 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. (mmc) |
| Case assigned to District Judge Sean D. Jordan. (mmc) |
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