The Estate of Marcus Simmons, Deceased, et al., v. Hopkins County, Texas, et al.
| The Estate of Marcus Simmons, Deceased, Lauren Simmons and Gloria Simmons |
| John Doe Officers 1 to 5, Hopkins County, Texas, Sheriff Lewis Tatum, CHRISTUS Mother Frances Hospital Sulphur Springs, Sargeant Scott Davis, Bobby Osornio and Melvin Moore |
| 4:2026cv00099 |
| January 28, 2026 |
| U.S. District Court for the Eastern District of Texas |
| Aileen Goldman Durrett |
| 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 June 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 37 FIRST RESPONSE in Opposition re #30 MOTION to Limit Discovery to the Issue of Qualified Immunity filed by Gloria Simmons, Lauren Simmons, The Estate of Marcus Simmons, Deceased. (Attachments: #1 Proposed Order)(Bailey Mason, Carlyn) |
| Filing 36 FIRST REPLY to Response re #27 CORRECTED MOTION to Amend/Correct filed by Gloria Simmons, Lauren Simmons, The Estate of Marcus Simmons, Deceased. (Attachments: #1 Proposed Order)(Bailey Mason, Carlyn) |
| Filing 35 REPLY to Response re #30 MOTION to Limit Discovery to the Issue of Qualified Immunity filed by Scott Davis, Hopkins County, Texas, Melvin Moore, Bobby Osornio, Lewis Tatum. (Correa, Lee) |
| Filing 34 RESPONSE in Opposition re #27 CORRECTED MOTION to Amend/Correct filed by Scott Davis, Hopkins County, Texas, Melvin Moore, Bobby Osornio, Lewis Tatum. (Attachments: #1 Proposed Order)(Correa, Lee) |
| Filing 33 RESPONSE re #27 CORRECTED MOTION to Amend/Correct Plaintiffs' Opposed Motion for Leave to File Second Amended Complaint filed by CHRISTUS Mother Frances Hospital Sulphur Springs. (Miller, Casey) |
| Filing 32 FIRST RESPONSE in Opposition re #30 MOTION to Limit Discovery to the Issue of Qualified Immunity filed by Gloria Simmons, Lauren Simmons, The Estate of Marcus Simmons, Deceased. (Attachments: #1 Proposed Order)(Bailey Mason, Carlyn) |
Filing 31
AGREED PROTECTIVE ORDER (Motion(s) #29 terminated). Signed by Magistrate Judge Aileen Goldman Durrett on 6/15/2026. (jmb)
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| Filing 30 MOTION to Limit Discovery to the Issue of Qualified Immunity by Scott Davis, Hopkins County, Texas, Melvin Moore, Bobby Osornio, Lewis Tatum. (Attachments: #1 Proposed Order)(Correa, Lee) |
| Filing 29 JOINT MOTION for Protective Order by Scott Davis, Hopkins County, Texas, Melvin Moore, Bobby Osornio, Lewis Tatum. (Attachments: #1 Exhibit A - Agreed Protective Order, #2 Proposed Order)(Correa, Lee) |
| Filing 28 CORRECTED SECOND AMENDED COMPLAINT against All Plaintiffs, filed by Lauren Simmons, Gloria Simmons, The Estate of Marcus Simmons, Deceased.(Bailey Mason, Carlyn) Modified title on 6/9/2026 (jmb). |
| Filing 27 CORRECTED MOTION to Amend/Correct by All Plaintiffs. (Attachments: #1 Proposed Order)(Bailey Mason, Carlyn) |
| Clerk's LR CV-10(d) Notice of Deficiency as to #25 Motion to Amend/Correct, #26 Second Amended Complaint filed by Gloria Simmons, Lauren Simmons, The Estate of Marcus Simmons, Deceased. - LR CV-10(a)(5) require documents to be double-spaced. 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 when offered the docket text enhancement dropdown, select CORRECTED so it will also appear in the docket text. (jmb) |
| Filing 26 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE. SEE DKT. #28 *** SECOND AMENDED COMPLAINT by All Plaintiffs. (Bailey Mason, Carlyn) Modified to terminated motion, edit event and docket text. on 6/8/2026 (jmb). Modified on 6/8/2026 (jmb). Modified on 6/9/2026 (jmb). |
| Filing 25 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE. SEE DKT. #27 *** MOTION to Amend/Correct by All Plaintiffs. (Attachments: #1 Proposed Order)(Bailey Mason, Carlyn) Modified on 6/8/2026 (jmb). Modified on 6/9/2026 (jmb). |
| Filing 24 NOTICE of Change of Address by Carlyn Priscilla Bailey Mason. (E-filers are reminded that they must also use their PACER account to submit an address change to the NextGen ECF system.) (Bailey Mason, Carlyn) |
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Filing 23
ORDER. It is ORDERED that the parties' proposed Agreed Protective Order must be filed by June 9, 2026. It is further ORDERED that Defendants' motion to stay case pending resolution of Defendants' qualified immunity defense must be filed by June 9, 2026. A scheduling order will be issued at the appropriate time. Signed by Magistrate Judge Aileen Goldman Durrett on 5/29/2026. (jmb)
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| Filing 22 JOINT REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A - Standard Scheduling Order, #2 Exhibit B - Scheduling Order Limited to Qualified Immunity)(Correa, Lee) |
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Filing 21
ORDER. It is ORDERED that the "Joint Report of Attorney Conference" (Dkt. #20 ) is STRICKEN. It is further ORDERED that within ten days of this Order, a Report in compliance with this court's orders should be filed. Signed by Magistrate Judge Aileen Goldman Durrett on 5/20/2026. (jmb)
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| ***The Rule 16 Management Conference SET for 6/3/2026 at 01:00 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Aileen Goldman Durrett is CANCELLED. (jmb) |
| Filing 20 ***STRICKEN PER DKT #21 *** REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A, #2 Exhibit B)(Correa, Lee) Modified to strike on 5/20/2026 (jmb). |
| Filing 19 NOTICE of Discovery Disclosure by Scott Davis, Hopkins County, Texas, Melvin Moore, Bobby Osornio, Lewis Tatum (Initial Disclosures) (Correa, Lee) |
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Filing 18
ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Report due by 5/19/2026. Rule 16 Management Conference SET for 6/3/2026 at 01:00 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Aileen Goldman Durrett. Signed by Magistrate Judge Aileen Goldman Durrett on 4/14/2026. (jmb)
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Filing 17
REFERRAL ORDER. Pursuant to 28 U.S.C. 636 and Local Rule CV-72, the undersigned hereby REFERS the above-referenced case to U.S. Magistrate Judge Aileen Goldman Durrett for all pretrial proceedings. Signed by District Judge Sean D. Jordan on 4/13/2026. (jmb)
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Filing 16
ORDER. It is ORDERED that Plaintiffs' Motion for Leave to File Second Amended Complaint, (Dkt. #10 ), and Plaintiffs' Motion for Leave to File Second Amended Complaint, (Dkt. #15 ), are STRICKEN. Signed by District Judge Sean D. Jordan on 4/13/2026. (jmb)
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| Filing 15 ***STRICKEN PER DKT #16 *** MOTION for Leave to File Second Amended Complaint by All Plaintiffs. (Attachments: #1 Exhibit exhibit of proposed second amended complaint, #2 Exhibit exhibit of redline complaint, #3 Proposed Order proposed order for leave to file)(Bailey Mason, Carlyn) Modified on 4/13/2026 (jmb). |
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Filing 14
ORDER. It is ORDERED that Plaintiffs shall supplement their Motion for Leave to File Second Amended Complaint, (Dkt. #10), on or before April 14, 2026, with a proper certificate of conference indicating whether Defendants who have appeared oppose the motion. Signed by District Judge Sean D. Jordan on 4/7/2026. (jmb)
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| Filing 13 NOTICE of Attorney Appearance by Lee Ina Correa on behalf of Scott Davis, Hopkins County, Texas, Melvin Moore, Bobby Osornio, Lewis Tatum (Correa, Lee) |
| Filing 12 ANSWER to #6 Amended Complaint and Affirmative Defenses by Scott Davis, Hopkins County, Texas, Melvin Moore, Bobby Osornio, Lewis Tatum.(Davis, Robert) |
| Filing 11 ANSWER to #6 Amended Complaint by CHRISTUS Mother Frances Hospital Sulphur Springs.(Miller, Casey) |
| Filing 10 ***STRICKEN PER DKT #16 *** FIRST MOTION for Leave to File Second Amended Complaint by All Plaintiffs. (Attachments: #1 proposed second amended complaint, #2 Exhibit redlined complaint, #3 Proposed Order proposed order)(Bailey Mason, Carlyn) Modified on 4/13/2026 (jmb). |
| Filing 9 Summons returned executed by Lauren Simmons, Gloria Simmons, The Estate of Marcus Simmons, Deceased. CHRISTUS Mother Frances Hospital Sulphur Springs served on 3/16/2026; Scott Davis served on 3/16/2026; Hopkins County, Texas served on 3/16/2026; Melvin Moore served on 3/16/2026; Bobby Osornio served on 3/16/2026; Lewis Tatum served on 3/16/2016. (Attachments: #1 Affidavit/Declaration Summons returned executed, #2 Affidavit/Declaration Summons returned executed, #3 Affidavit/Declaration Summons returned executed, #4 Affidavit/Declaration Summons returned executed, #5 Affidavit/Declaration Summons returned executed)(Bailey Mason, Carlyn) |
| Filing 8 Summons issued as to Scott Davis, Melvin Moore, Bobby Osornio. (jmb) |
| Filing 7 Request for Clerk to issue Summons of service filed by Gloria Simmons, Lauren Simmons, The Estate of Marcus Simmons, Deceased. (Attachments: #1 Additional Attachment(s) Summons of service, #2 Additional Attachment(s) Summons of service)(Bailey Mason, Carlyn) |
| Filing 6 FIRST AMENDED COMPLAINT against All Defendants, filed by Lauren Simmons, The Estate of Marcus Simmons, Deceased, Gloria Simmons.(Bailey Mason, Carlyn) |
| Filing 5 Summons issued as to CHRISTUS Mother Frances Hospital Sulphur Springs, Hopkins County, Texas, Lewis Tatum. (CLC) |
| Filing 4 Request for Clerk to issue Summons of service filed by Gloria Simmons, Lauren Simmons, The Estate of Marcus Simmons, Deceased. (Attachments: #1 Additional Attachment(s) Summons of service, #2 Additional Attachment(s) Summons of service, #3 Additional Attachment(s) Summons of service)(Bailey Mason, Carlyn) |
| Filing 3 Additional Attachments to Complaint: Signature Page/i>. (Bailey Mason, Carlyn) Modified text on 1/28/2026 (jmb). |
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Filing 2
STANDING ORDER on Motions to Seal in Civil Cases. Signed by District Judge Sean D. Jordan on 12/15/2025. (jmb)
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| Filing 1 COMPLAINT against CHRISTUS Mother Frances Hospital, John Doe Officers 1 to 5, Hopkins County, Texas, Lewis Tatum ( Filing fee $ 405 receipt number ATXEDC-11334917.), filed by Lauren Simmons, Gloria Simmons, Estate of Marcus Simmons, Deceased. (Attachments: #1 Civil Cover Sheet)(Bailey Mason, Carlyn) Modified to correct parties and edit lower case on 1/28/2026 (jmb). |
| Case: 4:26-cv-00099-SDJ The Estate of Marcus Simmons, Deceased, et al., v. Hopkins County, Texas, et al. was filed on 1/28/2026 and assigned to Judge Jordan. The # Notice Regarding Consent to Proceed Before Magistrate Judge form is provided via hyperlink. (jmb) |
| Case assigned to District Judge Sean D. Jordan. (jmb) |
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