Bennett v. Prosper ISD Police Department et al
| Michael Bennett |
| Prosper ISD Police Department, Chad Vessels, Seth Yates, Proper Independent School District and Holly Ferguson |
| 4:2022cv00869 |
| October 12, 2022 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 CLERK'S JUDGMENT in favor of Michael Bennett pursuant to the acceptance of the Defendant's Fed. R. Civ. P. 68 offer of judgment. Pla is awarded $10 plus $30,554.47 in attorney's fees for a total amount of $30,664.47. Entered by the clerk on 12/15/2022. (lrl) |
| Filing 33 NOTICE of Acceptance with Offer of Judgment by Michael Bennett (Attachments: #1 Exhibit DEFENDANTS OFFER OF JUDGMENT, #2 Exhibit Invoice # 68)(Mosser, James) |
Filing 32
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 1/13/2023. Scheduling Conference set for 2/1/2023 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 12/8/2022. (daj, )
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| Filing 31 NOTICE by Holly Ferguson, Proper Independent School District, Prosper ISD Police Department, Chad Vessels, Seth Yates (Henry, Lucas) |
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Filing 30
ORDER re: #24 MOTION for Reconsideration PLAINTIFFS BRIEF IN SUPPORT OF HIS TEMPORARY INJUNCTION AND MOTION TO RECONSIDER filed by Michael Bennett. Plaintiff Michael Bennett has established that injunctive relief is warranted as to Defendants Vessels and Yates. Therefore, his request for a preliminary injunction against these Defendants must be GRANTED. Because Bennett has failed to establish that such relief is warranted as to Defendant Prosper ISD Police Department, his request for a preliminary injunction against Prosper ISD Police Department is DENIED. It is therefore ORDERED that Plaintiff Michael Bennett's Brief in Support of His Temporary Injunction and Motion to Reconsider, (Dkt. #24), is GRANTED in part. Signed by District Judge Sean D. Jordan on 11/12/2022. (kls, )
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| Filing 29 Minute Entry for proceedings held before District Judge Sean D. Jordan: Motion Hearing held on 11/10/2022 re #24 MOTION for Reconsideration PLAINTIFFS BRIEF IN SUPPORT OF HIS TEMPORARY INJUNCTION AND MOTION TO RECONSIDER filed by Michael Bennett. (Court Reporter Gayle Wear.) (bss, ) |
| Filing 28 BRIEF filed Supplemental by Chad Vessels, Seth Yates. (Attachments: #1 Text of Proposed Order)(Henry, Lucas) |
| Filing 27 ***FILED IN ERROR BY ATTY. PLEASE DISREGARD*** Proposed Pretrial Order by Michael Bennett. (Mosser, James) Modified on 11/9/2022 (daj, ). |
| Filing 26 Notice of Hearing: Plaintiff's Motion for Preliminary Injunction is reset for hearing on 11/10/2022 at 2:00 p.m. in Ctrm 105 (Plano) before District Judge Sean D. Jordan.(ldm) |
| Filing 25 BRIEF filed by Prosper ISD Police Department, Chad Vessels, Seth Yates. (Henry, Lucas) |
| Filing 24 MOTION for Reconsideration PLAINTIFFS BRIEF IN SUPPORT OF HIS TEMPORARY INJUNCTION AND MOTION TO RECONSIDER by Michael Bennett. (Mosser, James) (Additional attachment(s) added on 11/9/2022: #1 Text of Proposed Order) (daj, ). |
| Filing 23 AMENDED COMPLAINT against All Defendants, filed by Michael Bennett.(Mosser, James) |
| Filing 22 NOTICE of Hearing: Plaintiff's Motion for Preliminary Injunction is set for hearing on 11/9/2022 at 3:00 p.m. in Ctrm 105 (Plano) before District Judge Sean D. Jordan. (ldm) |
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Filing 21
ORDER: It is ORDERED that Plaintiff Michael Bennett's Motion for Temporary Restraining Order #10 is DENIED. It is further ORDERED that the parties file briefs on Plaintiff's request for a preliminary injunction by no later than 11/4/2022. The motion is set for a hearing on 11/9/2022 at 3:00 p.m. at the United States Courthouse located at 7940 Preston Road in Plano, Texas. (ldm)
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| Filing 20 AMENDED MOTION to Dismiss by Prosper ISD Police Department, Chad Vessels, Seth Yates. (Attachments: #1 Text of Proposed Order)(Henry, Lucas) Modified on 10/27/2022 (daj, ). |
| Filing 19 ***DISREGARD. REFILED AMENDED DKT 20*** MOTION to Dismiss by Prosper ISD Police Department, Chad Vessels, Seth Yates. (Attachments: #1 Text of Proposed Order)(Henry, Lucas) Modified on 10/27/2022 (daj, ). |
| Filing 18 Minute Entry for proceedings held before District Judge Sean D. Jordan: Motion Hearing held on 10/24/2022 Re: #10 Emergency MOTION for Temporary Restraining Order filed by Michael Bennett. Arguments of counsel. Motion taken under advisement. (Court Reporter Gayle Wear) (James Mosser for Plaintiff) (Lucas Henry for Defendants) (Time in Court 3:35-4:20). (ldm) |
| Filing 17 RESPONSE in Opposition re #10 Emergency MOTION for Temporary Restraining Order filed by Prosper ISD Police Department, Chad Vessels, Seth Yates. (Henry, Lucas) |
| Filing 16 RESPONSE to #15 Order, filed by Michael Bennett. (Mosser, Nicholas) |
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Filing 15
ORDER re #10 Emergency MOTION for Temporary Restraining Order filed by Michael Bennett. The Court ORDERS that both parties file supplemental briefs addressing whether Defendant Prosper ISD Police Department is a jural entity by October 24, 2022, at 12:00 p.m. The briefs should not exceed three pages each. Signed by District Judge Sean D. Jordan on 10/21/2022. (daj, )
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| Filing 14 RESPONSE to Motion re #10 Emergency MOTION for Temporary Restraining Order filed by Prosper ISD Police Department, Chad Vessels, Seth Yates. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F)(Henry, Lucas) |
| Filing 13 Minute Entry for proceedings held before District Judge Sean D. Jordan: Telephone Conference held on 10/17/2022. The Court held a telephone conference with counsel for Plaintiff Michael Bennett and counsel for Defendants Prosper ISD Police Department, Chad Vessels, and Seth Yates. The Court conferred with the parties on Plaintiff's pending Emergency Motion for Temporary Restraining Order. (Dkt. #10). The Court advised the parties that Defendants shall respond to the motion no later than October 20, 2022, and the Court will hold a hearing on the motion on October 24, 2022, at 3:30 p.m. (Court Reporter N/A) (James Mosser for Plaintiff) (Charles Crawford and Lucas Henry for Defendants) (3:00-3:21) (ldm) |
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Filing 12
ORDER re #10 Emergency MOTION for Temporary Restraining Order. It is hereby ORDERED that Defendants Prosper ISD Police Department, Chad Vessels, and Seth Yates must respond to Plaintiff's motion no later than October 20, 2022. The Court will hold a hearing on the motion on October 24, 2022, at 3:30 p.m. Signed by District Judge Sean D. Jordan on 10/17/2022. (rpc, )
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| Filing 11 NOTICE of Hearing: Telephone Conference set for 10/17/2022 at 3:00 p.m. before District Judge Sean D. Jordan. (ldm) |
| NOTICE of Hearing on #10 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 10/24/2022 at 03:30 PM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. (rpc, ) |
| Filing 10 Emergency MOTION for Temporary Restraining Order by Michael Bennett. (Attachments: #1 Text of Proposed Order TRO)(Mosser, James) |
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Filing 7
ORDER denying #6 Motion for Reconsideration re #5 Order on Motion to Expedite, and Extend TRO filed by Michael Bennett. Signed by District Judge Sean D. Jordan on 10/13/2022. (daj, )
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| Filing 9 ***ORIGINALLY FILED IN STATE COURT***ANSWER to #8 Complaint by Prosper ISD Police Department, Chad Vessels, Seth Yates.(las, ) |
| Filing 8 ***ORIGINALLY FILED IN STATE COURT*** COMPLAINT against All Defendants, filed by Michael Bennett. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(las, ) |
| 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. (las, ) |
| Filing 6 Emergency MOTION for Reconsideration re #5 Order on Motion to Expedite, and Extend TRO by Michael Bennett. (Attachments: #1 Text of Proposed Order Proposed Order)(Mosser, Nicholas) |
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Filing 5
ORDER finding as moot #2 Motion to Expedite; denying #3 Motion to Expedite. Signed by District Judge Sean D. Jordan on 10/12/2022. (ldm)
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Filing 4
ORDER AND ADVISORY. Signed by District Judge Sean D. Jordan on 10/12/2022. (daj, )
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| Filing 3 Emergency MOTION to Expedite Corrected Doc.2 by Michael Bennett. (Attachments: #1 Text of Proposed Order Proposed ORder)(Mosser, Nicholas) |
| Filing 2 Emergency MOTION to Expedite and Extend TRO by Michael Bennett. (Attachments: #1 Text of Proposed Order Proposed Order)(Mosser, Nicholas) |
| Filing 1 NOTICE OF REMOVAL by Seth Yates, Chad Vessels, Prosper ISD Police Department from 471st District Court - Collin County, case number 471-05252-2022. (Filing fee $ 402 receipt number ATXEDC-9174152), filed by Seth Yates, Chad Vessels, Prosper ISD Police Department. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Henry, Lucas) |
| Case ASSIGNED to District Judge Sean D. Jordan. (baf, ) |
| 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. (daj, ) |
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