Rogers v. Buchanan et al
| Floyd Rogers, III |
| Kate LNU, Sheriff Johnny Brown, Deputy Chief John Doe, Lt NFN Eberthart, Sgt Amie Buchanan, Sgt NFN Cooper, NFN Hammonds, NFN Merry, Wendy Hammonds, NFN Sealers, #1 John Doe, #2 John Doe, #3 John Doe, #4 John Doe, Med-Tech Jane Doe #2, Nurse Jane Doe #1, #5 John Doe, James Hammonds, Officer NFN Sellers, Sgt Bobby Cooper, Kenneth Merry, Danny Sellers, Bobby Runnels, Corey Poe, Craig Campise, J Pillow, Chris Coffey, Benjamin Parten and Jane Doe |
| 3:2012cv02458 |
| July 20, 2012 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| David L Horan |
| Barbara MG Lynn |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2016. A more recent docket listing may be available from PACER.
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Civil Case Terminated per #227 Stipulation of Dismissal and DJ chambers. (bdb)
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Filing 227
STIPULATION OF DISMISSAL by Floyd Rogers, III. (Cleveland, C)
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Filing 226
ORDER: Before the Court is the parties' Joint Notice of Settlement and request to be excused from filing further pretrial materials [ECF #225 ]. In light of the settlement, the Court grants the parties' request to be excused from filing further pretrial materials, including any response or reply to Plaintiff's Motion for Sanctions. If the parties have not filed their final dismissal papers by November 2, 2016, the Court will hold the Pretrial Conference on November 3, 2016 at 2:00 PM, and proceed to trial, as scheduled. (Ordered by Chief Judge Barbara M.G. Lynn on 10/24/2016) (aaa)
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Filing 225
NOTICE of Settlement filed by Floyd Rogers, III (Cleveland, C)
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Filing 224
NOTICE of Filing of Defendants' Pretrial Disclosures filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels, Danny Sellers (Davis, Robert)
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Filing 223
RESPONSE filed by James Hammonds, Wendy Hammonds, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels, Danny Sellers re: #221 Application for Writ (Davis, Robert)
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Filing 222
Brief/Memorandum in Support filed by Floyd Rogers, III re #221 Application for Writ of Habeas Corpus Ad Testificandum (Cleveland, C)
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Filing 221
APPLICATION for Writ of Habeas Corpus Ad Testificandum by Floyd Rogers, III. (Attachments: #1 Proposed Order) (Cleveland, C)
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Filing 220
SETTLEMENT CONFERENCE REPORT filed by Floyd Rogers, III. (Cleveland, C)
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Filing 219
NOTICE of Attorney Appearance by David Iglesias on behalf of Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels, Danny Sellers. (Filer confirms contact info in ECF is current.) (Iglesias, David)
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Filing 218
ORDER re: #216 Motion for Sanctions for Spoliation and Memorandum in Support Thereof: Defendants will serve and file a response brief by 10/26/2016. Plaintiff may file a reply by 11/2/2016. (Ordered by Chief Judge Barbara M.G. Lynn on 10/13/2016) (trk)
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Filing 217
Appendix in Support filed by Floyd Rogers, III re #216 MOTION for Sanctions for Spoliation and Memorandum in Support Thereof (Cleveland, C)
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Filing 216
MOTION for Sanctions for Spoliation and Memorandum in Support Thereof filed by Floyd Rogers, III with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cleveland, C)
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Filing 215
NOTICE of Fifth Supplemental Disclosures filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels, Danny Sellers (Davis, Robert)
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Filing 214
ORDER granting #213 Joint Motion Regarding Discovery. (Ordered by Chief Judge Barbara M.G. Lynn on 9/8/2016) (rekc)
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Filing 213
Joint MOTION for Discovery filed by Floyd Rogers, III (Attachments: #1 Proposed Order) (Refinetti, Lauren)
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Filing 212
ELECTRONIC ORDER: The courtroom in which this case will be tried, and in which any motion that is set for hearing will be heard, has electronic equipment to assist in the expeditious presentation of the case and making of the record. Descriptions of this equipment and training resources for lawyers are available on the Court's website, http://www.txnd.uscourts.gov/judge-lynns-courtroom. The Court requires that all persons planning to use the equipment schedule training through the Court's Information Technology Department prior to the beginning of any trial or motion hearing, by contacting Paul Hertel at 214-753-2226 or Paul Slavonik at 214-753-2232. (Ordered by Chief Judge Barbara M.G. Lynn on 8/19/2016) (gmg)
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Filing 211
NOTICE of Attorney Appearance by Lauren Lynne Refinetti on behalf of Floyd Rogers, III. (Filer confirms contact info in ECF is current.) (Refinetti, Lauren)
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Filing 210
ORDER RESETTING TRIAL AND PRETRIAL DEADLINES : This case is hereby SET for a jury trial on this Court's two-week docket call beginning Monday 11/7/2016 at 09:00 AM before Chief Judge Barbara M.G. Lynn. Pretrial Materials due by 10/24/2016. Pretrial Order due by 10/24/2016. Pretrial Conference set for 11/3/2016 02:00 PM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 8/12/2016) (Attachments: #1 Additional Page(s) Juror's Questionnaire) (ndt)
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Filing 209
NOTICE of Attorney Appearance by Katherine Jean Lyons on behalf of Floyd Rogers, III. (Filer will update contact info in ECF.) (Lyons, Katherine)
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Filing 208
NOTICE of Attorney Appearance by Mark Waldemar Rasmussen on behalf of Floyd Rogers, III. (Filer confirms contact info in ECF is current.) (Rasmussen, Mark)
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Filing 207
Joint STATUS REPORT filed by Floyd Rogers, III. (Rasmussen, Mark)
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Filing 206
Certified Mail Returned Executed on 7/5/2016 re: #204 Order, #205 Status Report Order. (bdb)
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Filing 205
ORDER: Joint Report due by 7/31/2016. (Ordered by Chief Judge Barbara M.G. Lynn on 6/28/2016) (ran)
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Filing 204
ORDER: Attorney Shawn Cleveland for Floyd Rogers, III added. Attorney Elisabeth A Wilson terminated. The Clerk shall serve a copy of this Order on Mr. Cleveland by first-class mail and by email and shall serve a copy of this Order on Plaintiff by mail. Any further pleadings, motions, or communications with the Court on Plaintiffs behalf must be made by his counsel of record. (Ordered by Chief Judge Barbara M.G. Lynn on 6/28/2016) (ran) Modified date of Order on 7/1/2016 (ran).
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Filing 203
ORDER granting #201 Plaintiff's Unopposed Motion for Continuance of Trial and Modification of Trial-Setting Order. This case is removed from the Court's two-week docket beginning February 16, 2016. The pretrial conference, set for February 11, 2016, is CANCELLED, and all pretrial deadlines which have not already elapsed are hereby SUSPENDED. (Ordered by Judge Barbara M.G. Lynn on 1/29/2016) (ash)
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Filing 202
SETTLEMENT CONFERENCE REPORT filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels, Danny Sellers. (Vance, Richard)
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Filing 201
Unopposed MOTION to Continue Unopposed Motion for Continuance of Trial and Modification of Trial-Setting Order filed by Floyd Rogers, III (Attachments: #1 Proposed Order Agreed Order) (Wilson, Elisabeth)
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Filing 200
Notice of Option to Consent to Proceed Before the Magistrate Judge. The parties are required to complete and return the enclosed form to the clerk 2/1/2016. (Ordered by Magistrate Judge David L Horan on 1/22/2016) (mcrd)
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Filing 199
ORDER RESETTING PRETRIAL CONFERENCE: Pretrial Conference RESET for 2/11/2016 09:00 AM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Barbara M.G. Lynn. (Ordered by Judge Barbara M.G. Lynn on 1/15/2016) (chmb)
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Filing 198
ORDER SETTING TRIAL AND PRETRIAL DEADLINES: This case is hereby SET for a jury trial on this Court's two-week docket call beginning Tuesday, 2/16/2016, at 9:00 a.m. Pretrial Materials due by 2/2/2016. Joint Pretrial Order due by 2/2/2016. Pretrial Conference set for 2/12/2016 at 09:00 AM before Judge Barbara M.G. Lynn. (Ordered by Judge Barbara M.G. Lynn on 10/15/2015) (Attachments: #1 Questionnaire) (bdb)
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Filing 197
ORDER ACCEPTING #195 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Barbara M.G. Lynn on 9/30/2015) (ctf)
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Filing 196
OBJECTION to #195 Findings and Recommendations filed by Bobby Runnels, Corey Poe, J Pillow, Benjamin Parten, Chris Coffey, Craig Campise. (Vance, Richard) Modified filers on 8/19/2015 (awc).
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Filing 195
Findings and Recommendations on Motion: The Court should deny #142 MOTION for Summary Judgment on the Issue of Statute of Limitations. Additionally, the Court should dismiss the remaining claims against Defendants Jane Doe #1 (Nurse Kate) and Jane Doe #2 (Med Tech) pursuant to Federal Rule of Civil Procedure 41(a)(2). (See order for specifics) (Ordered by Magistrate Judge David L Horan on 8/4/2015) (mcrd)
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Filing 194
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Motion Hearing held on 7/16/2015 re #142 Motion for Summary Judgment filed by Craig Campise, Benjamin Parten, Chris Coffey, Jane Doe #1, Jane Doe #2, Bobby Runnels, Corey Poe, J Pillow. Attorney Appearances: Plaintiff - Elisabeth Wilson; Defense - Richard Vance. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 1:00. (chmb)
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Filing 193
REPLY filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels re: #142 MOTION for Summary Judgment on the Issue of Statute of Limitations (Vance, Richard)
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Filing 192
ELECTRONIC ORDER: Oral argument on Defendants' Motion for Summary Judgment on the Issue of Statute of Limitations #142 is set for July 16, 2015 at 10:00 a.m. in Courtroom 1351, 1100 Commerce Street, Dallas, Texas 75242 before U.S. Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 6/29/2015.)
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Filing 191
NOTICE of Defendants' Request for Oral Argument on Their Motion for Summary Judgment on the Issue of Statute of Limitations filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels (Vance, Richard)
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Filing 190
RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF STATUTE OF LIMITATIONS, AND BRIEF IN SUPPORT filed by Floyd Rogers, III re: #142 MOTION for Summary Judgment on the Issue of Statute of Limitations. (Document submitted via the Court's emergency filing e-mail account on 6/22/2015) (cea)
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Filing 189
SETTLEMENT CONFERENCE UPDATE: Despite their best efforts, the parties did not reach a settlement, but they will continue informal settlement discussions. (mcrd)
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Filing 188
ELECTRONIC ORDER: Pursuant to the parties' agreement, the settlement offer will remain open until 6/2/2015 at 5:00 pm. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/1/2015) (mcrd)
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Filing 187
ORDER SETTING BRIEFING SCHEDULE: Responses due by 6/22/2015 re: #142 MOTION for Summary Judgment on the Issue of Statute of Limitations. Replies due by 7/6/2015 (See order for specifics) (Ordered by Magistrate Judge David L Horan on 6/1/2015) (mcrd)
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Filing 186
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Irma Carrillo Ramirez: Settlement Conference held on 5/27/2015. Attending for the plaintiff were Floyd Rogers, Melissa Rogers, and Elisabeth Wilson. Attending for the defendants were Richard Vance, Marianne Villasana, Johnny Brown, Terry Ogden, Brad Norman, Bobby Cooper, Wendy Hammonds, James Hammonds, Justin Pillow, Cory Poe, Danny Sellars, Craig Campise, Kathy Mezza, Amie Buchanan, Bobby Runnels, Kenneth Merry, and Benjamin J. Parten. Defendant Chris Coffey did not attend. Although the parties did not reach a settlement at the conference, they agreed to hold the conference open until 5:00 p.m. on 5/29/2015. Attorney Appearances: Plaintiff - Elisabeth Wilson; Defense - Robert S. Davis, Richard B. Vance, Jr.. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 4:00. (mcrd)
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Filing 185
ORDER ACCEPTING IN PART THE #175 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The pending motion for summary judgment on the issue of qualified immunity (Dkt. No. #145 ) is GRANTED in part and DENIED in part. Defendant Officer J. Pillow is granted qualified immunity as to Plaintiff's claim that he used excessive force against Plaintiff in violation of 42 U.S.C. 1983, and that claim as against this defendant is dismissed. Defendants Officer Chris Coffey, Nurse Kate, and Med Tech all are granted qualified immunity as to Plaintiff's claim that they failed to take reasonable measures to protect Plaintiff from another's use of excessive force, in violation of Section 1983, and that claim as against these defendants is dismissed. Otherwise, the motion is denied. (Ordered by Judge Barbara M.G. Lynn on 5/28/2015) (bdb)
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Filing 184
ORDER: Settlement Conference set for 5/27/2015 01:00 PM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/5/2015) (mcrd)
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Filing 183
ORDER RE-REFERRING CASE FOR SETTLEMENT CONFERENCE: For the reasons explained on the record during the 4/29/2015 show cause hearing, the Court finds that sanctions should not and will not be imposed on the individual Defendants currently remaining in the case, including Amie Buchanan, James Hammonds, Wendy Hammonds, Bobby Cooper, Benjamin Parten, Bobby Runnels, Chris Coffey, Corey Poe, Craig Campise, Danny Sellers, J. Pillow, and Kenneth Merry, or their counsel for failing to comply with the requirements of the Court's 3/25/2015 Order [Dkt. No. #174 ]. This matter is hereby RE-REFERRED to United States Magistrate Judge Irma Carrillo Ramirez for a settlement conference. The parties are DIRECTED to coordinate with Judge Ramirez's chambers to schedule a settlement conference on a mutually agreeable date no later than 5/29/2015. (Ordered by Magistrate Judge David L Horan on 4/29/2015) (tln)
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Filing 182
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Show Cause Hearing held on 4/29/2015. Attorney Appearances: Plaintiff - Elizabeth Wilson; Defense - Richard Vance, Robert Davis. (Court Reporter: Digital File) (No exhibits) Time in Court - :32. (mcrd)
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Filing 181
DEFENDANTS' ADVISORY TO THE COURT filed by Amie Buchanan, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Danny Sellers. (mcrd)
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Filing 180
Show Cause Order: A show cause hearing is set for 4/29/2015 at 10:00 AM before Magistrate Judge David L Horan. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 4/21/2015) (mcrd)
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Filing 179
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Irma Carrillo Ramirez: Settlement Conference held on 4/16/2015. Because the individual defendants did not appear for the settlement conference, and the insurer's representative did not have full settlement authority, the settlement conference could not be conducted. An initial session was conducted with the attorneys and with the plaintiff, who made a counter-offer to the defendants' last settlement demand. The counter-offer will be formalized in writing and sent to the defendants' counsel. Attorney Appearances: Plaintiff - Elisabeth A Wilson; Defense - Richard B Vance, Jr. Participants Present: Plaintiff - Floyd Rogers, Melissa Rogers; Defense - Anthony Mays. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 2:00. (mcrd)
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Filing 178
ORDER granting #177 Motion to Extend Time. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 4/15/2015) (mcrd)
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Filing 177
MOTION to Extend Time to Complete Expert Discovery and Motions Not Otherwise Covered in Order filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, James Hammonds, Wendy Hammonds, Kate LNU, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Floyd Rogers, III, Bobby Runnels, Danny Sellers (Attachments: #1 Proposed Order) (Vance, Richard)
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Filing 176
OBJECTION filed by Floyd Rogers, III re: #175 Findings and Recommendations on Motion re: #145 Motion for Summary Judgment, filed by Craig Campise, Benjamin Parten, Chris Coffey, Jane Doe #1, Jane Doe #2, Bobby Runnels, Corey Poe, J Pillow. (Wilson, Elisabeth)
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Filing 175
Findings and Recommendations on Motion: Defendant's #145 MOTION for Summary Judgment on the Issue of Qualified Immunity should be granted in part and denied in part. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 3/27/2015) (mcrd)
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Filing 174
ORDER: Settlement Conference RESET for 4/16/2015 01:00 PM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/25/2015) (mcrd)
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Filing 173
ELECTRONIC ORDER granting #172 the Parties' Joint Motion for Extension of Settlement Conference Deadline. The deadline for the settlement conference to be completed is extended to April 16, 2015. (Ordered by Magistrate Judge David L. Horan on 3/25/2015.)
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Filing 172
Joint MOTION to Extend Time for Settlement Conference filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Floyd Rogers, III, Bobby Runnels (Attachments: #1 Proposed Order) (Vance, Richard)
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Filing 171
NOTICE of Supplemental Designation of Experts filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels (Vance, Richard)
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Filing 170
NOTICE of Plaintiff's First Supplemental Disclosures (served on 2/27/15), filed by Floyd Rogers, III (Wilson, Elisabeth)
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Filing 169
ORDER GRANTING #165 MOTION FOR EXTENSION OF EXPERT DISCOVERY DEADLINES: The deadline to complete expert discovery is extended to 4/15/2015. (Ordered by Magistrate Judge David L Horan on 2/27/2015) (twd)
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Filing 168
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Status Conference held on 2/27/2015. Plaintiff's MOTION [DKT #165] is granted. Order to enter. Attorney Appearances: Plaintiff - Elizabeth Wilson; Defense - Richard Vance. (Court Reporter: Digital File) (No exhibits) Time in Court - :25. (mcrd)
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Filing 167
NOTICE of Fourth Supplemental Disclosures filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels (Vance, Richard)
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Filing 166
ORDER GRANTING JOINT MOTION REGARDING DISCOVERY: The parties' joint motion requesting a status conference and a one-week extension of the deadline to complete fact discovery [Dkt. No. 164] is GRANTED. Status Conference set for 2/27/2015 11:00 AM before Magistrate Judge David L Horan. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 2/24/2015) (mcrd) (Main Document 166 replaced on 2/24/2015) (mcrd).
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Filing 165
MOTION to Extend Time Expert Discovery Deadlines, MOTION for Hearing , Plaintiff's Motion for Extension of Expert Discovery Deadlines and Modification of Scheduling Order (and Request for Hearing on Such Relief) filed by Floyd Rogers, III with Brief/Memorandum in Support. (Wilson, Elisabeth)
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Filing 164
Joint MOTION to Extend Time, MOTION for Status Conference, Joint MOTION for Hearing Joint Motion for Status Conference, Extension of Fact Discovery, and Modification of Scheduling Order filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Floyd Rogers, III, Bobby Runnels, Danny Sellers with Brief/Memorandum in Support. (Wilson, Elisabeth)
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Filing 163
NOTICE of Third Supplemental Disclosures filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels (Vance, Richard)
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Filing 162
ELECTRONIC ORDER granting #161 the Parties' Joint Emergency Motion for Leave to Take the Oral Deposition of Kenneth Littlebrave, a Person Incarcerated in Prison. The Court orders that, pursuant to Federal Rules of Civil Procedure 26(b)(2) and 30(a)(2), Kenneth Littlebrave may be deposed while he is incarcerated. (Ordered by Magistrate Judge David L. Horan on 2/19/2015.)
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Filing 161
MOTION (Joint Emergency Motion for Leave to Take the Oral Deposition of Kenneth Littlebrave, a Person Incarcerated in Prison) filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Floyd Rogers, III, Bobby Runnels (Attachments: #1 Proposed Order) (Vance, Richard)
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Filing 160
REPLY filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels re: #145 MOTION for Summary Judgment on the Issue of Qualified Immunity (Vance, Richard)
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Filing 159
ORDER: Settlement Conference set for 3/26/2015 01:00 PM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/29/2015) (mcrd)
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Filing 158
RESPONSE filed by Floyd Rogers, III re: #145 MOTION for Summary Judgment on the Issue of Qualified Immunity (Wilson, Elisabeth)
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Filing 157
AGREED ORDER granting #156 Motion to Extend Time. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 1/14/2015) (mcrd)
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Filing 156
Joint MOTION for Extension of Deadlines and Modification of Scheduling Order filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, Jane Doe #2, James Hammonds, Wendy Hammonds, Kate LNU, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Floyd Rogers, III, Bobby Runnels, Danny Sellers with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wilson, Elisabeth)
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Filing 155
NOTICE of Filing of Second Supplemental Disclosures filed by Amie Buchanan, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Danny Sellers (Vance, Richard)
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Filing 154
NOTICE of Filing of Defendants' Responses to Plaintiff's Discovery Requests filed by Amie Buchanan, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Danny Sellers (Vance, Richard)
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Filing 153
ORDER granting #149 Motion for Leave to Conduct Discovery on Qualified Immunity Issues. Defendants must produce to Plaintiff documents responsive to Plaintiff's Document Production Requests and must fully respond to Plaintiff's Interrogatories, by 12/22/2014. Plaintiff shall file a response, with controverting evidence, to #145 Defendants' Motion for Summary Judgment on the Issue of Qualified Immunity 1/21/2015. Defendants may file a reply brief in support of their Motion for Summary Judgment on the Issue of Qualified Immunity, but may not introduce additional evidence by 2/5/2015. (Ordered by Magistrate Judge David L Horan on 11/20/2014) (ykp)
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Filing 152
ORDER EXTENDING PRETRIAL DEADLINES granting #151 Joint Motion for Extension of Deadlines and Modification of Scheduling Order. (Ordered by Magistrate Judge David L Horan on 11/20/2014) (ykp)
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Filing 151
Joint MOTION to Extend Time Discovery deadlines filed by Johnny Brown, Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, NFN Cooper, #1 John Doe, #2 John Doe, #3 John Doe, #4 John Doe, #5 John Doe, John Doe, Jane Doe #1, Jane Doe #2, NFN Eberthart, James Hammonds, NFN Hammonds, Wendy Hammonds, Kate LNU, Kenneth Merry, NFN Merry, Benjamin Parten, J Pillow, Corey Poe, Floyd Rogers, III, Bobby Runnels, NFN Sealers, Danny Sellers, NFN Sellers (Attachments: #1 Proposed Order) (Vance, Richard)
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Filing 150
NOTICE of Filing of First Supplemental Disclosures filed by Amie Buchanan, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Danny Sellers (Vance, Richard)
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Filing 149
MOTION for Discovery Plaintiff's Motion for Leave to Conduct Discovery filed by Floyd Rogers, III with Brief/Memorandum in Support. (Wilson, Elisabeth)
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Filing 148
ORDER: Plaintiff may file a motion for leave to conduct discovery by 11/4/2014. Defendants may file a response to Plaintiff's discovery motion, if one is filed, by 11/18/2014. Alternatively, Plaintiff shall advise the Court by 11/4/2014 that he does not need to conduct discovery to respond to Defendants summary judgment motion. (Ordered by Magistrate Judge David L Horan on 10/14/2014) (tla)
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Filing 147
Appendix in Support filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels re #146 Brief/Memorandum in Support of Motion, #145 MOTION for Summary Judgment on the Issue of Qualified Immunity (Vance, Richard)
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Filing 146
Brief/Memorandum in Support filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels re #145 MOTION for Summary Judgment on the Issue of Qualified Immunity (Vance, Richard)
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Filing 145
MOTION for Summary Judgment on the Issue of Qualified Immunity filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels (Attachments: #1 Proposed Order) (Vance, Richard)
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Filing 144
Appendix in Support filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels re #142 MOTION for Summary Judgment on the Issue of Statute of Limitations, #143 Brief/Memorandum in Support of Motion, (Attachments: #1 Proposed Order) (Vance, Richard)
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Filing 143
Brief/Memorandum in Support filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels re #142 MOTION for Summary Judgment on the Issue of Statute of Limitations (Vance, Richard)
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Filing 142
MOTION for Summary Judgment on the Issue of Statute of Limitations filed by Craig Campise, Chris Coffey, Jane Doe #1, Jane Doe #2, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels (Vance, Richard)
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Filing 141
ELECTRONIC ORDER granting #14 Defendants' unopposed Second Motion for Extension of Dispositive Motion Deadline. The Court MODIFIES its July 14, 2014 Initial Pretrial Scheduling Order #121 , as previously modifed, to provide that any dispositive motion on issues of qualified immunity, sovereign immunity, statutes of limitations, and municipal liability under Monell and its progeny must be filed by October 10, 2014. (Ordered by Magistrate Judge David L. Horan on 10/7/2014.)
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Filing 140
Second MOTION to Extend Time Dispositive Motion Deadline filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, Jane Doe #2, James Hammonds, Wendy Hammonds, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels, Danny Sellers (Attachments: #1 Proposed Order) (Vance, Richard)
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Filing 139
ANSWER to #133 Amended Complaint filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, Jane Doe #2, James Hammonds, Wendy Hammonds, Kate LNU, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Bobby Runnels, Danny Sellers. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Davis, Robert)
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Filing 138
ORDER EXTENDING PRETRIAL DEADLINES: The Court finds that good cause has been shown and GRANTS Plaintiff's and Defendants' Joint Motion for Extension of Deadlines and Modification of Scheduling Order #137 . Accordingly, the Court modifies its 7/14/2014 Initial Pretrial Scheduling Order #121 , as previously modified, and sets the following amended pretrial deadlines. Discovery due by 11/19/2014. Motions due by 1/20/2015. (Ordered by Magistrate Judge David L Horan on 10/6/2014) (tla)
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Filing 137
Joint MOTION to Extend Time, MOTION for Extension of Deadlines and Modification of Scheduling Order re #121 Scheduling Order, filed by Amie Buchanan, Craig Campise, Chris Coffey, Bobby Cooper, James Hammonds, Wendy Hammonds, Kenneth Merry, Benjamin Parten, J Pillow, Corey Poe, Floyd Rogers, III, Bobby Runnels, Danny Sellers (Attachments: #1 Proposed Agreed Order) (Wilson, Elisabeth)
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Filing 136
ELECTRONIC ORDER granting #135 Defendants' unopposed Motion for Extension of Dispositive Motion Deadline. The Court MODIFIES its July 14, 2014 Initial Pretrial Scheduling Order #121 to provide that any dispositive motion on issues of qualified immunity, sovereign immunity, statutes of limitations, and municipal liability under Monell and its progeny must be filed by October 7, 2014. (Ordered by Magistrate Judge David L. Horan on 9/29/2014.)
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Filing 135
MOTION for Extension of Dispositive Motion Deadline filed by Amie Buchanan, NFN Cooper, James Hammonds, Wendy Hammonds, NFN Merry, NFN Sellers (Attachments: #1 Proposed Order) (Vance, Richard)
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Filing 134
ORDER: Settlement Conference set for 12/17/2014 01:00 PM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/23/2014) (mcrd)
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Filing 133
AMENDED COMPLAINT WITH JURY DEMAND Plaintiff's Second Amended Complaint against All Defendants filed by Floyd Rogers, III. (One or more defendant(s) is no longer named.) Summons(es) not requested at this time. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Wilson, Elisabeth)
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Filing 132
NOTICE of Filing of Defendants' Designation of Experts filed by Amie Buchanan, NFN Cooper, James Hammonds, Wendy Hammonds, NFN Merry, NFN Sellers (Davis, Robert)
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Filing 131
ORDER REFERRING CASE FOR SETTLEMENT CONFERENCE: This matter is REFERRED to United States Magistrate Judge Irma Carrillo Ramirez for a settlement conference. The parties are DIRECTED to coordinate with Judge Ramirez's chambers to schedule a settlement conference on a mutually agreeable date no later than 12/31/2014. (Ordered by Magistrate Judge David L Horan on 9/9/2014) (twd)
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Filing 130
MEMORANDUM OPINION AND ORDER GRANTING #123 MOTION FOR LEAVE TO FILE PLAINTIFF'S SECOND AMENDED COMPLAINT: Plaintiff shall file his Second Amended Complaint, consistent with this opinion, by 9/15/2014. (Ordered by Magistrate Judge David L Horan on 9/9/2014) (twd)
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Filing 129
ELECTRONIC ORDER finding as moot #122 Plaintiff's Motion for Leave to File Second Amended Complaint in light of Plaintiff's filing his Amended Motion for Leave to File Second Amended Complaint #123 . (Ordered by Magistrate Judge David L. Horan on 9/8/2014.)
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Filing 128
NOTICE of Attorney Appearance by Richard B Vance, Jr on behalf of Amie Buchanan, NFN Cooper, James Hammonds, Wendy Hammonds, NFN Merry, NFN Sellers. (Filer confirms contact info in ECF is current.) (Vance, Richard)
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Filing 127
NOTICE of Filing of Defendants' Initial Disclosures filed by Amie Buchanan, NFN Cooper, James Hammonds, Wendy Hammonds, NFN Merry, NFN Sellers (Davis, Robert)
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Filing 126
Appendix in Support filed by Floyd Rogers, III re #123 Amended MOTION for Leave to File Second Amended Complaint, #125 Reply (Attachments: #1 Exhibit(s)) (Wilson, Elisabeth)
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Filing 125
REPLY filed by Floyd Rogers, III re: #123 Amended MOTION for Leave to File Second Amended Complaint (Wilson, Elisabeth)
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Filing 124
OBJECTION filed by Johnny Brown, Amie Buchanan, NFN Cooper, Wendy Hammonds, NFN Merry, NFN Sealers, NFN Sellers re: #123 Amended MOTION for Leave to File Second Amended Complaint (Davis, Robert)
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Filing 123
Amended MOTION for Leave to File Second Amended Complaint filed by Floyd Rogers, III with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment). Party Benjamin Parten added. (Wilson, Elisabeth)
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Filing 122
MOTION to Amend/Correct Motion to File Second Amended Complaint filed by Floyd Rogers, III with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment Ex. 1) (Wilson, Elisabeth)
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Filing 121
INITIAL PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 8/25/2014. Discovery due by 11/17/2014. Deadline for mediation is on or before 12/31/2014. Dispositive Motions due by 12/1/2014. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 7/14/2014) (mcrd)
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Filing 120
STANDING ORDER ON NON-DISPOSITIVE MOTIONS: This order governs the filing and disposition of all discovery-related motions, pleading disputes, and other non-dispositive motions in this case. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 7/14/2014) (mcrd)
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Filing 119
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Status Conference held on 7/14/2014. Attorney Appearances: Plaintiff - Elizabeth Wilson; Defense - Robert Davis. (Court Reporter: Digital File) (No exhibits) Time in Court - :13. (mcrd)
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Filing 118
Joint STATUS REPORT Joint Status Report and Discovery Plan filed by Amie Buchanan, NFN Cooper, James Hammonds, Wendy Hammonds, NFN Merry, Floyd Rogers, III, NFN Sellers. (Wilson, Elisabeth)
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Filing 117
STATUS REPORT filed by Floyd Rogers, III. (Wilson, Elisabeth)
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Filing 116
ORDER REQUIRING CONFERENCE AND JOINT STATUS REPORT: The Court GRANTS the parties' Request for Status Conference [Dkt. No. 114] and enters this order pursuant to the Civil Justice Expense and Delay Reduction Plan for the Northern District of Texas and Federal Rules of Civil Procedure 16(b) and 26(f). Rule 26(f) Conference. Plaintiff's counsel and Defendants' counsel shall confer in person or by telephone not later than July 10, 2014. The parties shall submit a joint status report and proposed scheduling plan by July 11, 2014, and Plaintiff's counsel and Defendants' counsel shall attend a status conference on July 14, 2014 at 10:00 a.m. in Courtroom 1561, 1100 Commerce St., Dallas, TX 75242 before U.S. Magistrate Judge David L. Horan. (see order) (Ordered by Magistrate Judge David L Horan on 7/2/2014) (mcrd)
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Filing 115
ORDER LIFTING STAY, REOPENING THE CASE, AND STANDING ORDER OF REFERENCE AND NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE. This case is hereby referred to United States Magistrate Judge David L. Horan for pretrial management. (Ordered by Judge Barbara M.G. Lynn on 7/2/2014) (Attachments: #1 Additional Page(s) Consent form) (aaa)
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Filing 114
Joint STATUS REPORT and Request for Status Conference filed by Amie Buchanan, NFN Cooper, #1 John Doe, #2 John Doe, #3 John Doe, #4 John Doe, #5 John Doe, Jane Doe #1, Jane Doe #2, James Hammonds, Wendy Hammonds, NFN Merry, Floyd Rogers, III, NFN Sellers. (Wilson, Elisabeth) Modified event on 6/27/2014 (skt).
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Filing 113
ORDER of USCA as to #106 Notice of Appeal, filed by Floyd Rogers, III dismissed pursuant to appellant's motion. (svc)
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Record on Appeal for USCA5 14-10260 (related to #106 appeal): transmitted to Winstead PC on disk only by mail. (svc)
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Record on Appeal for USCA5 14-10260 (related to #106 appeal): transmitted to Flowers Davis PLLC on disk only Federal Express 798735000701 (svc)
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Record on Appeal for USCA5 14-10260 (related to #106 appeal): Record consisting of ECF electronic record, certified to USCA. To request a copy of the record (on disk or on paper), #contact the appeals deputy in advance to arrange delivery. (svc)
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Filing 112
ORDER granting #111 Motion for Leave to Proceed In Forma Pauperis on Appeal. (Ordered by Magistrate Judge David L Horan on 4/17/2014) (axm)
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Filing 111
MOTION for Leave to Proceed in forma pauperis on appeal re #106 Notice of Appeal, filed by Floyd Rogers, III (Attachments: #1 Affidavit(s)) (Wilson, Elisabeth)
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Filing 110
Order Administratively Closing Case. (Ordered by Judge Barbara M.G. Lynn on 4/3/2014) (skt)
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Filing 109
Transcript Order Form: re #106 Notice of Appeal, transcript not requested. (jrr)
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Filing 108
ANSWER to #107 Amended Complaint, filed by Amie Buchanan, NFN Cooper, James Hammonds, Wendy Hammonds, NFN Merry, NFN Sellers. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Attachments: #1 Exhibit(s) A) (Davis, Robert)
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USCA Case Number 14-10260 for #106 Notice of Appeal, filed by Floyd Rogers, III. (svc)
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Filing 107
AMENDED COMPLAINT WITH JURY DEMAND against Amie Buchanan, NFN Cooper, #1 John Doe, #2 John Doe, #3 John Doe, #4 John Doe, #5 John Doe, Jane Doe #1, Jane Doe #2, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers filed by Floyd Rogers, III. (One or more defendant(s) is no longer named.) (Wilson, Elisabeth)
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Filing 106
NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit as to #71 Order Accepting/Adopting Findings and Recommendations, #72 Judgment, #104 Order Accepting/Adopting Findings and Recommendations by Floyd Rogers, III. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Wilson, Elisabeth)
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Filing 105
Order Accepting Findings and Recommendations re: #79 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies. Defendants' motion for summary judgment on exhaustion of remedies [Dkt. No. 79] is DENIED. This case is RECOMMITTED to Magistrate Judge David L. Horan for further pretrial management, including resolution of the factual disputes regarding Defendants' PLRA exhaustion defense, including through an evidentiary hearing if necessary, as required by Fifth Circuit precedent. See Dillon v. Rogers, 596 F.3d 260, 273 (5th Cir. 2010). (Ordered by Judge Barbara M.G. Lynn on 2/13/2014) (tla)
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Filing 104
Order Accepting Findings and Recommendations re: #100 Findings and Recommendations on Motion re: #78 Motion for Extension of Time to File filed by Floyd Rogers, III, #84 Motion for Reconsideration, Motion to Alter Judgment, filed by Floyd Rogers, III. As to the conspiracy claims against Defendants Buchanan and Cooper, Plaintiff is granted leave to replead within twenty-one (21) days to attempt to make such claims plausible and not conclusory. If he does not do so, such claims will be dismissed. Plaintiff's Motion for Reconsideration [Dkt. No. 84] is DENIED as to all of Plaintiff's claims, except conspiracy, as to which his motion is GRANTED. Plaintiff's Motion for Extension of Time to File Notice of Appeal [Dkt. No. 78] is GRANTED. Plaintiff is granted an extension of time of 14 days from today's date to file his notice of appeal. (Ordered by Judge Barbara M.G. Lynn on 2/13/2014) (tla)
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Filing 103
OBJECTION filed by Floyd Rogers, III re: #100 Findings and Recommendations on Motion re: #78 Motion for Extension of Time to File filed by Floyd Rogers, III, #84 Motion for Reconsideration, Motion to Alter Judgment, filed by Floyd Rogers, III. (Wilson, Elisabeth)
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Filing 102
ELECTRONIC ORDER denying #99 Plaintiff's Request for Hearing and Oral Argument in light of the undersigned's Findings, Conclusions, and Recommendations entered today on the motions at issue. This denial is without prejudice to Plaintiff's renewing his request for an evidentiary hearing on Defendants' exhaustion defense in the event that Judge Lynn accepts the undersigned's recommendation on Defendants' motion for summary judgment. (Ordered by Magistrate Judge David L. Horan on 1/10/2014.)
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Filing 101
Findings and Recommendations on Motion: Defendants' #79 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies should be denied. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 1/10/2014) (mcrd)
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Filing 100
Findings and Recommendations on Motions: Plaintiff's #84 MOTION for Reconsideration should be denied. Plaintiff's #78 MOTION for Extension of Time to File Notice of Appeal should be granted; and Plaintiff should be granted an extension of time of 14 days from the date upon which the Court grants the motion to file his notice of appeal.(See order for specifics) (Ordered by Magistrate Judge David L Horan on 1/10/2014) (mcrd)
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Filing 99
MOTION for Hearing and Oral Argument filed by Floyd Rogers, III re #84 Motion for Reconsideration, #79 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies. (Wilson, Elisabeth) Modified text on 1/7/2014 (axm).
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Filing 98
ORDER granting #97 Agreed Motion to Deem Plaintiff's Response to Defendants' Motion for Summary Judgment Timely Filed. (Ordered by Magistrate Judge David L Horan on 1/3/2014) (aaa)
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Filing 97
Agreed MOTION to Deem Plaintiff's Response to Defendants' Motion for Summary Judgment Timely Filed filed by Floyd Rogers, III (Attachments: #1 Proposed Order) (Wilson, Elisabeth) Modified on 1/3/2014 (skt).
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Filing 96
REPLY filed by Floyd Rogers, III re: #84 MOTION for Reconsideration. (Wilson, Elisabeth) Modified text on 12/27/2013 (axm).
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Filing 95
Sur-reply filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, Floyd Rogers, III, NFN Sealers re: #79 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Davis, Robert)
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Filing 94
RESPONSE filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers re: #84 MOTION for Reconsideration re #71 Order Accepting/Adopting Findings and Recommendations, #72 Judgment, MOTION to Alter Judgment (Davis, Robert)
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Filing 93
Appendix in Support filed by Floyd Rogers, III re #91 Response/Objection Amended Appendix in Support of Plaintiff's Response to Defendants' Motion for Summary Judgment as to the Issue of Exhaustion of Administrative Remedies (Wilson, Elisabeth)
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Filing 92
Appendix in Support filed by Floyd Rogers, III re #91 Response/Objection Appendix in Support of Response to Defendants' Motion for Summary Judgment on Exhaustion of Administrative Remedies (Wilson, Elisabeth)
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Filing 91
RESPONSE filed by Floyd Rogers, III re: #79 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Wilson, Elisabeth)
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Filing 90
ORDER granting #89 Joint Motion to Extend Time for Plaintiff's Response and Defendants' Reply Brief on Motion for Summary Judgement on Exhaustion of Administrative Remedies. Responses due by 12/4/2013. Reply Brief due by 12/19/2013. (Ordered by Magistrate Judge David L Horan on 12/3/2013) (skt)
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Filing 89
Joint MOTION to Extend Time for Plaintiff's Response and Defendants' Reply Brief on Motion for Summary Judgement on Exhaustion of Administrative Remedies filed by NFN Hammonds, Wendy Hammonds, NFN Merry, Floyd Rogers, III, NFN Sealers (Attachments: #1 Proposed Order) (Davis, Robert)
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Filing 88
NOTICE of Filing of Defendants' Amended Discovery filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers (Davis, Robert)
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Filing 87
REPLY filed by Floyd Rogers, III re: #78 MOTION for Extension of Time to File Notice of AppealPlaintiff's Motion to Extend Time to File Notice of Appeal, and Brief in Support, (Wilson, Elisabeth)
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Filing 86
CERTIFICATE OF SERVICE by Floyd Rogers, III re #84 MOTION for Reconsideration re #71 Order granting summary judgment and dismissing certain claims #72 , MOTION to Alter Judgment, ,AMENDED CERTIFICATE OF SERVICE (Wilson, Elisabeth) Modified on 11/21/2013 (gr).
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Filing 85
Appendix in Support filed by Floyd Rogers, III re #84 MOTION for Reconsideration re #71 Order granting summary judgment and dismissing certain claims #72 ,MOTION to Alter Judgment (Attachments: #1 Exhibit(s) A-H) (Wilson, Elisabeth) Modified on 11/21/2013 (gr).
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Filing 84
MOTION for Reconsideration re #71 Order granting summary judgment and dismissing certain claims #72 , MOTION to Alter Judgment filed by Floyd Rogers, III with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wilson, Elisabeth) Modified on 11/21/2013 (gr).
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Filing 83
NOTICE of OF FILING OF DEFENDANTS' DISCOVERY filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers (Davis, Robert)
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Filing 82
RESPONSE AND OBJECTION filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart re: #78 MOTION for Extension of Time to File Notice of Appeal Plaintiff's Motion to Extend Time to File Notice of Appeal, and Brief in Support, (Davis, Robert)
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Filing 81
Appendix in Support filed by NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers re #80 Brief/Memorandum in Support of Motion (Davis, Robert)
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Filing 80
Brief/Memorandum in Support filed by NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers re #79 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Davis, Robert)
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Filing 79
MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies filed by NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers (Attachments: #1 Proposed Order) (Davis, Robert)
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Filing 78
MOTION for Extension of Time to File Notice of Appeal by Plaintiff, with Brief in Support, filed by Floyd Rogers, III (Attachments: #1 Proposed Order) (Wilson, Elisabeth)
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Filing 77
ORDER: The Court ORDERS that, by November 1, 2013, Defendants shall file any motion for summary judgment on the issue of exhaustion of administrative remedies. Plaintiff shall file a written response to any such joint motion for summary judgment by December 2, 2013. Defendants may file a reply brief, but no additional evidence, by December 17, 2013. The reply shall not exceed 15 pages in length. Any party who desires oral argument must file a written request with the Court by December 17, 2013. (see order) (Ordered by Magistrate Judge David L Horan on 10/11/2013) (mcrd)
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Filing 76
Joint STATUS REPORT filed by NFN Hammonds, Wendy Hammonds, NFN Merry, Floyd Rogers, III, NFN Sealers. (Davis, Robert)
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Filing 75
ELECTRONIC ORDER: As the Court discussed with counsel during the September 30, 2013 status conference, the parties shall, by October 15, 2013, file a joint status report in which the parties shall submit a proposed date for completion of discovery on Defendants' affirmative defenses of failure to exhaust administrative remedies and a proposed briefing schedule for a motion for summary judgment to be filed by Defendants on their affirmative defenses of failure to exhaust administrative remedies. (Ordered by Magistrate Judge David L. Horan on 9/30/2013.)
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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Status Conference held on 9/30/2013. Attorney Appearances: Plaintiff - Elizabeth Wilson; Defense - Robert Davis. (Court Reporter: Digital File) (No exhibits) Time in Court - :12. (mcrd)
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Filing 74
ORDER: Status Conference set for 9/30/2013 at 2:00 PM before Magistrate Judge David L Horan. (Ordered by Magistrate Judge David L Horan on 9/3/2013) (mcrd)
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Filing 73
Order Appointing Pro Bono Counsel: Attorney Elisabeth A Wilson of Winstead PC Appointed. Any further pleadings, motions, or communications with the Court on Plaintiff's behalf must be made by his counsel of record. (Ordered by Magistrate Judge David L Horan on 8/29/2013) (tln)
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Filing 72
FINAL JUDGMENT AS TO CERTAIN DEFENDANTS: It is ORDERED that because there is no just reason for delay, see FED. R. CIV P. 54(b), all claims for denial of medical care and all allegations against Sheriff Brown, the unnamed deputy sheriff, Lieutenant Eberthart, Sergeant Buchanan, and Sergeant Cooper are dismissed with prejudice. (Ordered by Judge Barbara M.G. Lynn on 8/22/2013) (tln)
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Filing 71
ORDER Accepting #69 Findings, Conclusions and Recommendations of the United States Magistrate Judge. This case is RE-REFERRED to United States Magistrate Judge David L. Horan for appointment of counsel from the civil pro bono panel to assist Plaintiff in prosecuting his remaining claims and for further pretrial management pursuant to 28 U.S.C. 636(b). (Ordered by Judge Barbara M.G. Lynn on 8/22/2013) (tln)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:71,72. Thu Aug 22 14:12:32 CDT 2013 (crt)
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Filing 70
OBJECTION to #69 Findings and Recommendations by Floyd Rogers, III. (skt)
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Filing 69
Findings and Recommendations on Motion. Defendant's #36 MOTION for Summary Judgment and Brief in Support on Issue of Qualified Immunity should be granted in part, denied in part. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 7/15/2013) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:69. Mon Jul 15 16:04:10 CDT 2013 (crt)
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Filing 68
Mail returned as undeliverable. #63 Order Setting Deadline/Hearing received back from Floyd Rogers III as Return to Sender - Undeliverable as Addressed, Unable to Forward. Address updated from last filed document, #67 . New address: 559 Preston Meadows Rd Sherman, TX 75092. The current document has been re-mailed. (cea)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:63, 64, 65. Re-mailed after change of Address Fri Jun 21 10:59:42 CDT 2013 (crt)
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Filing 67
NOTICE of Change of Address for Pro Se litigant Floyd Rogers, III. New address: 559 Preston Meadows Rd, Sherman, Tx 75092. (cea)
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Filing 66
NOTICE of Change of Address for Pro Se litigant Floyd Rogers, III. New address: Goree Unit, 7405 Hwy 75 South, Huntsville, TX 77344. (cea)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:63,64,65. Re-mailed after address updated Fri May 24 10:55:03 CDT 2013 (crt)
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Filing 65
ORDER denying #62 Plaintiff's Request for Admissions without prejudice. (Ordered by Magistrate Judge David L Horan on 5/22/2013) (cea)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:65. Wed May 22 11:52:44 CDT 2013 (crt)
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Filing 64
RESPONSE filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers re: #62 MOTION Plaintiff's Request for Admissions (Davis, Robert) Modified on 5/22/2013 (axm).
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Filing 63
BRIEFING ORDER: Responses due by 5/21/2013 re: #62 MOTION Plaintiff's Request for Admissions (Ordered by Magistrate Judge David L Horan on 5/14/2013) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:63. Tue May 14 14:05:02 CDT 2013 (crt)
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Filing 62
Plaintiff's Request for Admissions filed by Floyd Rogers, III. (cea)
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Filing 61
RESPONSE filed by Floyd Rogers, III re: #36 MOTION for Summary Judgment and Brief in Support on Issue of Qualified Immunity. (cea)
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Filing 60
ORDER denying #57 Motion for Reconsideration. Because of the motion practice on the limited discovery, the Court will sua sponte extend the deadlines for briefing on Defendants Motion for Summary Judgment[Dkt. No. 36]. Plaintiff shall file a written response no later than 5/13/2013. Replies due 5/27/2013 (Ordered by Magistrate Judge David L Horan on 4/18/2013) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:60. Thu Apr 18 17:26:43 CDT 2013 (crt)
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Hearing/Deadline Modification: Deadlines/hearings terminated and reset per #36 Motion for Summary Judgment. Replies due by 5/27/2013. Responses due by 5/13/2013 (mcrd)
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Filing 59
RESPONSE AND OBJECTION filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers re: #57 MOTION for Reconsideration re #56 Order on Motion to Compel (Davis, Robert)
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Filing 58
ORDER: Defendants shall file a written response to Plaintiff's #57 MOTION for Reconsideration by 4/17/2013. (Ordered by Magistrate Judge David L Horan on 4/11/2013) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:58. Thu Apr 11 11:19:01 CDT 2013 (crt)
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Filing 57
MOTION for Reconsideration re #56 ORDER denying #51 Motion to Compel filed by Floyd Rogers, III. (tln)
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Filing 56
ORDER denying #51 Motion to Compel. (Ordered by Magistrate Judge David L Horan on 3/27/2013) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:56. Wed Mar 27 11:53:27 CDT 2013 (crt)
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Filing 55
Defendant's Response and Brief/Memorandum in Support filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers re #51 MOTION to Compel Response and Brief in Support (Davis, Robert) Modified to enhance text on 3/26/2013 (dsr).
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Filing 54
ORDER: The Court MODIFIES its February 5, 2013 Order [Dkt. No. 46] as follows: Plaintiff shall file a written response re: #36 MOTION for Summary Judgment and Brief in Support on Issue of Qualified Immunity no later than 4/22/2013. Replies due by 5/6/2013. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 3/5/2013) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:54. Tue Mar 5 15:20:31 CST 2013 (crt)
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Filing 53
ORDER: Responses due by 3/25/2013 re: #51 MOTION to Compel. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 3/4/2013) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:53. Mon Mar 4 16:58:28 CST 2013 (crt)
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Filing 52
ADDITIONAL ATTACHMENTS to #51 MOTION to Compel by Plaintiff Floyd Rogers, III. (cea)
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Filing 51
MOTION to Compel Disclosure and for Appropriate Sanctions filed by Floyd Rogers, III. (cea)
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Filing 50
NOTICE of Compliance re: #46 Order Setting Deadline/Hearing,, filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers (Davis, Robert)
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Filing 49
Supplemental Document by Floyd Rogers, III as to #47 Advisory to the Court. (axm)
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Filing 48
***Duplicate of Document 47*** Plaintiff's Advisory to the Court filed by Floyd Rogers, III. (aaa) Modified on 2/11/2013 (gmg).
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Filing 47
Advisory to the Court filed by Floyd Rogers, III (Mailed by different prisoner, Randell Glen Laws.) (twd)
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Filing 46
ORDER: Accordingly, Plaintiff's motion for leave to conduct discovery [Doc. No. 38] is GRANTED in part and DENIED in part. Defendants shall produce to Plaintiff documents responsive to Plaintiffs first three document requests by 2/19/2013. In all other respects, Plaintiffs motion for leave to conduct discovery is DENIED. Plaintiff shall file a response re: #36 MOTION for Summary Judgment and Brief in Support on Issue of Qualified Immunity by 3/21/2013. Replies due by 4/5/2013. (Ordered by Magistrate Judge David L Horan on 2/5/2013) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:46. Tue Feb 5 16:01:45 CST 2013 (crt)
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Filing 45
Status Request with Deputy Clerk Response. (cea)
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Filing 44
Plaintiff's Response to Defendant's Discovery Response filed by Floyd Rogers, III re: #38 MOTION for Discovery. (cea)
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Filing 43
SUMMONS Returned Executed as to NFN Sealers ; served on 1/22/2013.. (cea)
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Filing 42
SUMMONS Returned Executed as to NFN Sealers ; served on 1/22/2013. (cea)
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Filing 41
RESPONSE filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers re: #38 MOTION for Discovery (Davis, Robert)
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Filing 40
ORDER: The Court GRANTS Plaintiff's motion for an extension of time [Dkt. No. 39] and ORDERS that Plaintiff's deadline to file a response to Defendants' summary judgment motion is postponed pending a further order to be entered after the Court determines whether any limited discovery will be permitted. Further, Defendants are ORDERED to file a joint written response to Plaintiff's Motion for Leave to Conduct Limited Discovery [Dkt. No. 38] by no later than January 18, 2013. (Ordered by Magistrate Judge David L Horan on 1/3/2013) (mcrd) Modified on 1/9/2013 (gmg).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:40. Thu Jan 3 09:39:39 CST 2013 (crt)
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Filing 39
MOTION for Extension of Time to File Response/Reply re: #36 MOTION for Summary Judgment and Brief in Support on Issue of Qualified Immunity filed by Floyd Rogers, III. (axm)
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Filing 38
MOTION for Leave to Conduct Limited Discovery filed by Floyd Rogers, III. (axm)
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Filing 37
OBJECTION filed by Floyd Rogers, III re: #34 Second MOTION for Extension of Time to File Motion for Summary Judgment on Issue of Qualified Immunity. (cea)
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Filing 36
MOTION for Summary Judgment and Brief in Support on Issue of Qualified Immunity filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Brief in Support, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Proposed Order) (Davis, Robert)
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Filing 35
ORDER granting #34 Motion for Extension of Time to File a motion for summary judgment. Defendant shall file a motion for summary judgment no later than 12/5/2012. Responses due by 1/4/2013. Replies due by 1/24/2013. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 11/29/2012) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:35. Thu Nov 29 14:21:06 CST 2012 (crt)
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Filing 34
Second MOTION for Extension of Time to File Motion for Summary Judgment on Issue of Qualified Immunity filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers (Attachments: #1 Proposed Order) (Davis, Robert)
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Filing 33
Memorandum in Support filed by Floyd Rogers, III re #3 Complaint. (ctf)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Tue Nov 27 07:53:42 CST 2012 (crt)
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Filing 32
ORDER ACCEPTING #27 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's #25 MOTION for Default Judgment is denied. (Ordered by Judge Barbara M.G. Lynn on 11/26/2012) (ctf)
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Filing 31
OBJECTION to #27 Findings and Recommendations. (ctf)
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Pursuant to Special Order 3-290 Magistrate Judge David L Horan added. Magistrate Judge Jeff Kaplan no longer assigned to case. (drh)
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Filing 30
SUMMONS Returned Executed as to NFN Cooper ; served on 9/21/2012. (cea)
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Filing 29
ORDER granting #28 Motion for Extension of Time to File a motion for summary judgment. Defendant shall file a motion for summary judgment no later than 11/28/2012. Responses due by 12/28/2012. Replies due by 1/17/2013. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/16/2012 pursuant to Special Order 3-289) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:29. Fri Nov 16 17:05:22 CST 2012 (crt)
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Filing 28
MOTION for Extension of Time to File Motion for Summary Judgment on Issue of Qualified Immunity filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers (Attachments: #1 Proposed Order) (Davis, Robert)
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Filing 27
Findings and Recommendations on Motion re: #25 Motion for Default Judgment filed by Floyd Rogers, III. Plaintiff's #25 MOTION for Default Judgment against All Defendants should be DENIED. (See order for specifics) (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/6/2012 pursuant to Special Order 3-289) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Tue Nov 6 16:44:33 CST 2012 (crt)
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Filing 26
***FILED IN ERROR/DISREGARD*** CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, NFN Merry. (aaa) Modified on 11/6/2012 (ykp).
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Filing 25
MOTION for Default Judgment filed by Floyd Rogers, III. (aaa)
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Filing 24
ORDER denying without prejudice #23 Motion to Compel. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/30/2012) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:19, 24. Tue Oct 30 16:52:23 CDT 2012 (crt)
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Filing 23
MOTION to Compel Production of Documents filed by Floyd Rogers, III. (twd)
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Filing 22
SUMMONS Returned Executed as to Johnny Brown; served on 9/21/2012; Amie Buchanan; served on 9/21/2012; NFN Eberthart; served on 9/21/2012; NFN Hammonds; served on 9/21/2012; Wendy Hammonds; served on 9/21/2012; NFN Merry; served on 9/21/2012. (twd)
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Filing 21
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers. (Davis, Robert)
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Filing 20
SCHEDULING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT ON THE ISSUE OF QUALIFIED IMMUNITY: Motions for Summary Judgment due by 11/14/2012. Responses due by 12/14/2012. Replies due by 1/3/2013. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/15/2012) (ctf)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Mon Oct 15 17:04:17 CDT 2012 (crt)
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Filing 19
ANSWER to #3 Complaint, filed by Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart, NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Davis, Robert)
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Filing 18
Business Reply Card signed by USMS; re #15 Order, #16 Summons Issued, #3 Complaint, #17 Summons Issued. Signed on 9/17/12. (skt)
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Filing 17
Summons Reissued as to NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers. (skt)
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Filing 16
Summons Issued as to Johnny Brown, Amie Buchanan, NFN Cooper, NFN Eberthart. (skt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Mon Sep 17 08:45:30 CDT 2012 (crt)
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Filing 15
AMENDED ORDER SPECIFYING FURTHER ACTION TO BE TAKEN BY THE CLERK: A true copy of this order shall be mailed to each plaintiff or plaintiff's attorney of record, the Clerk of the Court shall issue summons and the United States Marshal's Service shall serve process. (Ordered by Magistrate Judge Paul D Stickney on 9/14/2012) (skt)
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Filing 14
ORDER granting #13 Motion for Reconsideration. (Ordered by Magistrate Judge Paul D Stickney on 9/14/2012) (skt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Fri Sep 14 16:37:13 CDT 2012 (crt)
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Filing 13
MOTION for Reconsideration of Named Defendants filed by Floyd Rogers, III. (ndt)
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Filing 12
Business Reply Card signed by USMS; re #3 Complaint, #10 Order, #11 Summons Issued. Signed on 8/23/2012. (skt)
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Filing 11
Summons Issued as to NFN Hammonds, Wendy Hammonds, NFN Merry, NFN Sealers. (skt)
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Filing 10
ORDER SPECIFYING FURTHER ACTION TO BE TAKEN BY THE CLERK: A true copy of this order shall be mailed to each plaintiff or plaintiffs attorney of record, the Clerk of the Court shall issue summons and the United States Marshal's Service shall serve process on the following defendant(s): Officer Hammonds, Officer Merry, Officer Wendy Hammonds, Officer Sealers. (Ordered by Magistrate Judge Jeff Kaplan on 8/23/2012) (skt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Thu Aug 23 15:21:04 CDT 2012 (crt)
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Filing 9
RESPONSE filed by Floyd Rogers, III re: #7 Magistrate Judge's Questionnaire. (skt)
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Filing 8
FILING FEE ORDER granting #4 Motion for Leave to Proceed in forma pauperis. (Ordered by Magistrate Judge Jeff Kaplan on 7/30/2012) (ctf)
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Filing 7
Magistrate Judge's Questionnaire Propounded to Floyd Rogers, III (Ordered by Magistrate Judge Jeff Kaplan on 7/30/2012) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mon Jul 30 13:06:51 CDT 2012 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Mon Jul 30 13:11:02 CDT 2012 (crt)
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Filing 6
ORDER denying without prejudice #5 plaintiff's motion for discovery (Ordered by Magistrate Judge Jeff Kaplan on 7/24/2012) (gr)
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Filing 5
MOTION for Discovery filed by Floyd Rogers, III. (ykp)
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Filing 4
MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Floyd Rogers, III. (ykp)
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Filing 3
COMPLAINT against All Defendants filed by Floyd Rogers, III. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (ykp)
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Filing 2
Notice and Instruction to Pro Se Party. (ykp)
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Filing 1
New Case Notes: A filing fee has not been paid. File to writ clerk/staff attorney. PTRL case referral set and case referred to Magistrate Judge Kaplan (see Special Order 3). Initiating documents received by mail. No prior sanctions found. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Kaplan). Clerk to provide copy to plaintiff if not received electronically. (ykp)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Fri Jul 20 17:13:43 CDT 2012 (crt)
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