Ellis v. Town of Northlake et al
| Eric Ellis |
| Town of Northlake, Jonathan Macheca, Derek Kirkwood and Town Of Flower Mound |
| 4:2025cv00973 |
| September 5, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Bill Davis |
| Sean D Jordan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on December 17, 2025. A more recent docket listing may be available from PACER.
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Filing 49
Standing Order on Motions to Seal in Civil Cases. Signed by District Judge Sean D. Jordan on 12/15/2025. (lrl)
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| Filing 48 NOTICE by Eric Ellis re #30 MOTION for Default Judgment as to (Ellis, Eric) |
| Filing 47 RESPONSE to #46 Response in Support of Motion for Default Judgment filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Jeffrey, James) |
| Filing 46 RESPONSE in Support re #30 MOTION for Default Judgment as to filed by Eric Ellis. (Ellis, Eric) |
| Filing 45 RESPONSE to #44 Response in Support of Motion Sur-Reply to Plaintiff's Supplemental Brief filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Jeffrey, James) |
| Filing 44 RESPONSE in Support re #30 MOTION for Default Judgment as to, #38 MOTION to Alter Judgment MOTION for Default Judgment as to filed by Eric Ellis. (Ellis, Eric) |
| Filing 43 RESPONSE to #42 Response in Support of Motion, #38 Motion to Alter Judgment, Motion for Default Judgment, #41 Response in Support of Motion and #40 Reply in Support of Rule 55(b)(2) Motion for Default filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Jeffrey, James) |
| Filing 42 RESPONSE in Support re #30 MOTION for Default Judgment as to filed by Eric Ellis. (Ellis, Eric) |
| Filing 41 CORRECTED RESPONSE in Support re #30 MOTION for Default Judgment as to, #38 MOTION to Alter Judgment MOTION for Default Judgment as to filed by Eric Ellis. (Ellis, Eric) Modified on 11/6/2025 (CLC). |
| Filing 40 RESPONSE in Support re #30 MOTION for Default Judgment as to, #38 MOTION to Alter Judgment MOTION for Default Judgment as to filed by Eric Ellis. (Ellis, Eric) Modified on 11/6/2025 (CLC). |
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Filing 39
ORDER denying #24 Motion for Extension of Time to File Response/Reply as unnecessary. Signed by Magistrate Judge Bill Davis on 11/6/2025. (CLC)
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| Filing 38 MOTION to Alter Judgment , MOTION for Default Judgment as to by Eric Ellis. (Ellis, Eric) |
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Filing 37
ORDER granting #8 Motion for Leave to File Electronically. (Clerk to send the following instruction along with this order to the pro se litigant: Pro se litigants approved to e-file who are not already registered to do so in this district must use their PACER account to submit their registration request. If necessary, first register for a PACER account at PACER.gov. Then, log into PACER and choose Manage My Account, then Maintenance, then Non-Attorney E-File Registration, and follow the prompts to submit the registration request to the Eastern District of Texas.) Signed by Magistrate Judge Bill Davis on 11/6/2025. (CLC)
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| Clerk's LR CV-5(a)(5) Notice of Deficiency as to #40 RESPONSE in Support re #30 MOTION for Default Judgment as to, #38 MOTION to Alter Judgment MOTION for Default Judgment as to filed by Eric Ellis. - The filing does not contain a signature. Please refile with the /s/ Typed Name or a Graphical Signature of Pro Se Party. Recommended cure: Within one day, Filer must refile with the word Corrected in the title of the document. The filer should use the same ECF event and if offered the docket text enhancement dropdown, select CORRECTED (or add the word) so it will also appear in the docket text or type the word CORRECTED in the docket text box at the beginning of the text. (CLC) |
| Filing 36 JOINT RESPONSE to #33 Reply to Response to Motion filed by Town Of Flower Mound, Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Attachments: #1 Proposed Order Denying Plaintiffs Supplement)(Jeffrey, James) |
| Filing 35 RESPONSE in Opposition re #30 MOTION for Default Judgment as to filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Jeffrey, James) (Additional attachment(s) added on 11/3/2025: #1 Proposed Order) (CLC). |
| Filing 34 RESPONSE to #31 Order Regarding Returned Mail and Renewed Request for Electronic Filing Access, filed by Eric Ellis. (Attachments: #1 Envelope)(CLC) |
| Filing 33 Supplement to Plaintiff's Second Request for clerk's Entry of Default re #30 MOTION for Default Judgment as to filed by Eric Ellis. (Attachments: #1 Additional Attachment(s), #2 Envelope)(CLC) |
| Filing 32 RESPONSE in Opposition re #30 MOTION for Default Judgment as to Town of Flower Mound, Texas filed by Town Of Flower Mound. (Attachments: #1 Exhibit A - Defendant Town of Flower Mound's Answer, Affirmative Defenses and Plea to the Jurisdiction filed 9-2-2025 in Denton County 431st Judicial District Court, #2 Proposed Order Denying Plaintiff's Motion for Default Judgment)(Noga, Darrell) |
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Filing 31
ORDER. It is ORDERED that, within 30 days of the docketing of this order, Ellis provide the clerk of court with a physical address at which he receives mail. Failure to do so may result in a recommendation that the case be dismissed for want of prosecution. Signed by Magistrate Judge Bill Davis on 10/27/2025. (CLC)
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| Filing 30 MOTION for Default Judgment Under Rule 55(b)(2) as to Defendants Town of Northlake, Officers Macheca and Kirkwood, and Town of Flower Mound by Eric Ellis. (CLC) |
| Filing 29 Mail sent to Eric Ellis returned as undeliverable re #10 Order. (CLC) |
| Filing 28 REPLY to Response re #16 MOTION to Dismiss and Brief in Support filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Jeffrey, James) |
| Filing 27 NOTICE of Attorney Appearance by Christopher A Klement on behalf of Town Of Flower Mound (Klement, Christopher) |
| Filing 26 REPLY In Support of #19 Request for Entry of Default by Clerk filed by Eric Ellis. (CLC) |
| Filing 25 RESPONSE re #9 MOTION for Entry of Default to Plaintiff's Second Request for Clerk's Entry of Default filed by Town Of Flower Mound. (Attachments: #1 Exhibit 1 - Defendant Town of Flower Mound's Original Answer, Affirmative Defenses and Plea to the Jurisdiction)(Noga, Darrell) (Additional attachment(s) added on 10/16/2025: #2 Proposed Order) (CLC). |
| Filing 24 OPPOSED MOTION for Extension of Time to File Response/Reply or Answer to Amended Complaint by One Day by Town Of Flower Mound. (Attachments: #1 Proposed Order Granting Defendant Town of Flower Mound's Motion to Extend Time to Answer or Otherwise Respond to Amended Complaint by One Day)(Noga, Darrell) |
| Filing 23 MOTION to Dismiss under Rule 12(b)(6) Motion to Dismiss and Brief in Support by Town Of Flower Mound. (Attachments: #1 Proposed Order on Town of Flower Mound's Motion to Dismiss)(Noga, Darrell) |
| Filing 22 NOTICE Defendant Town of Flower Mound's Opposed Motion to Supplement Appendix Supporting Removal by Town Of Flower Mound re #1 Notice of Removal, (Attachments: #1 Exhibit A - Register of Actions as of October 15, 2025, #2 Exhibit B - File Marked Copy of Town of Flower Mound's Original Answer, Affirmative Defenses and Plea to the Jurisdiction, #3 Proposed Order on Defendant Town of Flower Mound's Opposed Motion to Supplement Appendix Supporting Removal)(Noga, Darrell) |
| Filing 21 ANSWER to #14 Amended Complaint by Derek Kirkwood, Jonathan Macheca, Town of Northlake.(Jeffrey, James) |
| Filing 20 RESPONSE to #19 Request for Entry of Default by Clerk filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Jeffrey, James) |
| Filing 19 Request by Eric Ellis for Clerk's Entry of Default against Town Of Flower Mound, Town of Northlake. (CLC) |
| Filing 18 RESPONSE in Opposition re #16 MOTION to Dismiss and Brief in Support filed by Eric Ellis. (CLC) |
| Filing 17 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake (Jeffrey, James) |
| Filing 16 MOTION to Dismiss and Brief in Support by Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Attachments: #1 Appendix Supporting Defs MTD, #2 Proposed Order)(Jeffrey, James) |
| Filing 15 NOTICE of Attorney Appearance by Darrell G-M Noga on behalf of Town Of Flower Mound (Noga, Darrell) |
| Filing 14 AMENDED COMPLAINT against Town Of Flower Mound, Derek Kirkwood, Jonathan Macheca, Town of Northlake, filed by Eric Ellis. (Attachments: #1 Exhibit A, #2 Envelope)(CLC) |
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Filing 13
Order Denying #11 Plaintiff's Motion for Entry of Default by Derek Kirkwood, Jonathan Macheca. (Jeffrey, James) Modified text on 9/16/2025 (CLC). Modified on 9/16/2025 (CLC).
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Filing 12
ORDER. It is ORDERED that the motion, Dkt. #9 , is GRANTED to the extent that it seeks the clarification provided in this order and DENIED to the extent that it seeks an entry of default. Signed by Magistrate Judge Bill Davis on 9/12/2025. (CLC)
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| Filing 11 RESPONSE in Opposition re #7 MOTION for Entry of Default, #9 MOTION for Entry of Default filed by Derek Kirkwood, Jonathan Macheca. (Jeffrey, James) |
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Filing 10
ORDER AND ADVISORY. Signed by Magistrate Judge Bill Davis on 9/12/2025. (rpc)
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| Filing 9 MOTION for Clarification and Entry of Default by Eric Ellis. (CLC) |
| Filing 8 MOTION for Leave to File Electronically by Eric Ellis. (CLC) |
| Filing 7 MOTION for Entry of Default by Eric Ellis. (Attachments: #1 Return of Service, #2 Envelope)(CLC) Modified on 9/11/2025 (CLC). |
| ***DISREGARD ENTRY. DOCKETED IN ERROR BY CLERK.*** NOTICE. Pursuant to 42 U.S. Code 1997e(g)(1), 'No relief shall be granted to the plaintiff unless a reply has been filed.' The clerk is unable to issue a clerks entry of default. (CLC) Modified per chambers on 9/16/2025 (CLC). |
| Filing 6 MOTION for Judgment on the Pleadings Under Rule 12(c) by Eric Ellis. (CLC) |
| Filing 5 ***ORIGINALLY FILED IN STATE COURT*** ANSWER to #3 Complaint by Town of Northlake.(CLC) |
| Filing 4 ***ORIGINALLY FILED IN STATE COURT*** ANSWER to #3 Complaint by Derek Kirkwood, Jonathan Macheca.(CLC) |
| Filing 3 ***ORIGINALLY FILED IN STATE COURT*** PETITION against Town Of Flower Mound, Derek Kirkwood, Jonathan Macheca, Town of Northlake, filed by Eric Ellis.(CLC) |
| Case assigned to District Judge Sean D. Jordan and Magistrate Judge Bill Davis. (CLC) |
| 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. (CLC) |
| Filing 2 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake (Jeffrey, James) |
| Filing 1 NOTICE OF REMOVAL by Derek Kirkwood, Jonathan Macheca, Town of Northlake and Town of Flower Mound (Filing fee $ 405 receipt number ATXEDC-11073138), filed by Derek Kirkwood, Jonathan Macheca, Town of Northlake. (Attachments: #1 Appendix, #2 Civil Cover Sheet)(Jeffrey, James) |
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