North Texas Natural Select Material, LLC v. City of Denison, Texas, et al.
Plaintiff: North Texas Natural Select Material, LLC
Defendant: Ronnie Bates and City of Denison, Texas
Case Number: 4:2024cv00717
Filed: August 12, 2024
Court: U.S. District Court for the Eastern District of Texas
Presiding Judge: Aileen Goldman Durrett
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 31, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 10, 2024 Opinion or Order Filing 23 ORDER granting #22 UNOPPOSED MOTION for Extension of Time to File Response as to #10 MOTION to Dismiss & Brief in Support . Responses due by 10/17/2024 at 5:00 p.m. Signed by Magistrate Judge Aileen Goldman Durrett on 10/10/2024. (baf)
October 9, 2024 Opinion or Order Filing 22 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss & Brief in Support by North Texas Natural Select Material, LLC. (Attachments: #1 Proposed Order)(Noteware, Daniel)
October 7, 2024 Opinion or Order Filing 21 NOTICE of Discovery Disclosure by Ronnie Bates, City of Denison, Texas First Supplemental (Messer, W)
October 7, 2024 Opinion or Order Filing 20 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ronnie Bates, City of Denison, Texas. (Attachments: #1 Exhibit A - Citations, #2 Exhibit B - Municipal Court Case Status Listing, #3 Exhibit C - Warnings Issued, #4 Exhibit D - Declaration of Ronnie Bates, #5 Exhibit E - Declaration of Joseph Short, P.E., #6 Exhibit F - Declaration of Michael Roland, P.E., #7 Exhibit G - City of Denison Code of Ordinances Chapter 25, #8 Exhibit H - TCEQ Informal Audio Public Meeting and Transcript, #9 Exhibit I - Declaration of Chief Michael Gudgel, #10 Exhibit J - Declaration of Tommy Fowler, #11 Exhibit K - City of Denison's Charter, #12 Exhibit L - Declaration of Jared Johnson, #13 Proposed Order Denying Plaintiff's Motion for Temporary Restraining Order, Preliminary Injunction, and Exedited Preliminary Injunction Hearing)(Messer, W)
October 4, 2024 Opinion or Order Filing 19 ORDER granting #17 UNOPPOSED MOTION for Extension of Time to File Response as to #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . Responses due by 10/7/2024. Signed by Magistrate Judge Aileen Goldman Durrett on 10/4/2024. (baf)
October 3, 2024 Opinion or Order Filing 18 REPORT of Rule 26(f) Planning Meeting. (Noteware, Daniel)
October 3, 2024 Opinion or Order Filing 17 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #12 Order, #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Ronnie Bates, City of Denison, Texas. (Attachments: #1 Proposed Order Granting Unopposed Motion for Extension of Time to File Response to Plaintiff's Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Preliminary Injunction)(Dunn, Timothy)
October 1, 2024 Opinion or Order Filing 16 ORDER OF REFERENCE. IT IS HEREBY ORDERED that this case be referred to a United States Magistrate Judge for all further proceedings and the entry of judgment in accordance with 28 U.S.C. Section 636(c) and the foregoing consent of the parties. The Clerk is directed to CANCEL the October 18, 2024 Scheduling Conference, to be reset at the discretion of the magistrate judge. Signed by District Judge Amos L. Mazzant, III on 10/1/2024. (baf)
October 1, 2024 Opinion or Order Filing 15 CONSENT to Proceed Before US Magistrate Judge by Ronnie Bates, City of Denison, Texas, North Texas Natural Select Material, LLC. Case reassigned to Magistrate Judge Aileen Goldman Durrett. (Attachments: #1 CONSENT TO PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE)(baf)
September 30, 2024 Opinion or Order Filing 14 NOTICE of Discovery Disclosure by North Texas Natural Select Material, LLC (Noteware, Daniel)
September 30, 2024 Opinion or Order Filing 13 NOTICE of Discovery Disclosure by Ronnie Bates, City of Denison, Texas (Messer, W)
September 30, 2024 Opinion or Order Filing 12 ORDER re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by North Texas Natural Select Material, LLC. It is therefore ORDERED that Defendants shall, no later than Friday, October 4, 2024, at 5:00 p.m., file a response to Plaintiffs Motion. Signed by Magistrate Judge Aileen Goldman Durrett on 9/30/2024. (baf)
September 26, 2024 Opinion or Order Filing 10 MOTION to Dismiss & Brief in Support by Ronnie Bates, City of Denison, Texas. (Attachments: #1 Exhibit A - Issued Citations, #2 Exhibit B - Municipal Court Case Status, #3 Proposed Order Granting City of Denison's Motion to Dismiss)(Messer, W)
September 23, 2024 Opinion or Order Filing 8 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by North Texas Natural Select Material, LLC. (Attachments: #1 Exhibit Ex. A - Affidavit of Kevin Bernard, #2 Exhibit Ex. B - Declaration of Jenny White, #3 Exhibit Ex. C - Declaration of James Knight, #4 Exhibit Ex. D - Declaration of Jason McGuinness, #5 Exhibit Ex. E - Affidavit of Richard Wayne, #6 Proposed Order Order Granting Motion for TRO and Setting Expedited Preliminary Injunction Hearing)(Noteware, Daniel)
September 23, 2024 Opinion or Order Filing 7 ORDER granting #6 AGREED MOTION Extend deadline to conclude 26(f) conference filed by Ronnie Bates, City of Denison, Texas. Rule 26 Meeting Report due by 9/25/2024. Signed by District Judge Amos L. Mazzant, III on 9/23/2024. (baf)
September 19, 2024 Opinion or Order Filing 6 AGREED MOTION Extend deadline to conclude 26(f) conference by Ronnie Bates, City of Denison, Texas. (Attachments: #1 Proposed Order GRANTING EXTENTION OF RULE 26(f) DEADLINE)(Dunn, Timothy)
September 6, 2024 Opinion or Order Filing 5 FIRST AMENDED COMPLAINT against All Defendants, filed by North Texas Natural Select Material, LLC. (Attachments: #1 Exhibit Report of James B. Knight, P.E.)(Noteware, Daniel)
August 29, 2024 Opinion or Order Filing 4 ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Joint Report due by 10/3/2024. The case is SET for a Rule 16 Management Conference on 10/18/2024 at 4:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 8/29/2024. (baf)
August 16, 2024 Opinion or Order Filing 3 ORDER AND ADVISORY. Signed by District Judge Amos L. Mazzant, III on 8/16/2024. (jmb)
August 12, 2024 Opinion or Order Filing 2 ***ORIGINALLY FILED IN STATE COURT*** PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF against Ronnie Bates, City of Denison, Texas, filed by North Texas Natural Select Material, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (jmb)
August 12, 2024 Opinion or Order Filing 1 NOTICE OF REMOVAL by Ronnie Bates, City of Denison, Texas & Brief in Support Thereof from 59th Judicial District Court, Grayson County, case number CV-24-1345. (Filing fee $ 405 receipt number ATXEDC-10290173), filed by Ronnie Bates, City of Denison, Texas. (Attachments: #1 Exhibit 1. Civil Cover Sheet, #2 Exhibit 2. Defendants Local Rule CV-81 Information Sheet, #3 Exhibit 3. Certified Civil Docket Sheet, #4 Exhibit 4. Service Papers - City of Denison, Texas, #5 Exhibit 5. Service Papers - Ronnie Bates, Director of Public Works, #6 Exhibit 6. Plaintiff's Original Petition & Application for Temporary Restraining Order & Temporary Injunction, #7 Exhibit 7. Plaintiff's First Amended Original Petition & Application for Injunctive Relief, #8 Exhibit 8. Notice of Hearing on Plaintiff's Application, #9 Exhibit 9. Letter to Court Requesting Issuances of Citations, #10 Exhibit 10. 8.824 Executed Service of Citation City of Denison)(Messer, W) (Attachment 1 replaced on 8/12/2024) (jmb). (Attachment 1 replaced on 8/12/2024) (jmb). (Attachment 1 replaced on 8/12/2024) (jmb).
August 12, 2024 Opinion or Order Case assigned to District Judge Amos L. Mazzant, III. (jmb)
August 12, 2024 Opinion or Order Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (jmb)
August 12, 2024 Opinion or Order 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. (jmb)

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Defendant: Ronnie Bates
Represented By: W Andrew Messer
Represented By: Timothy Allen Dunn
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Defendant: City of Denison, Texas
Represented By: W Andrew Messer
Represented By: Timothy Allen Dunn
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Plaintiff: North Texas Natural Select Material, LLC
Represented By: Daniel Alan Noteware, Jr.
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