Pennie v. Martin et al
| Demetrick Pennie |
| Mayes Media Group, Dallas Police Association's Assist the Officer Foundation, Inc., Thomas Popken, Frederick Frazier, Dallas Police Association, City of Dallas, Ariana Giorgi, Brian Mayes, Mike Rawlings, John Burk, Michael Mata, Naomi Martin and Dallas Morning News |
| 3:2019cv01945 |
| August 14, 2019 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| David C Godbey |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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| Filing 51 JUDGMENT/MANDATE of USCA: IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED as to #49 Notice of Appeal filed by Demetrick Pennie. Issued as Mandate: 1/28/2021. (svc) |
| Filing 50 Opinion of USCA in accordance with USCA judgment re #49 Notice of Appeal filed by Demetrick Pennie. (svc) |
| Record on Appeal for USCA5 20-10349 (related to #49 appeal): Record consisting of: 2 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (svc) |
| USCA Case Number 20-10349 in USCA5 for #49 Notice of Appeal filed by Demetrick Pennie. (svc) |
| Filing 49 NOTICE OF APPEAL as to #48 Order on Motion to Set Aside Judgment, #42 Order,, #43 Judgment, 26 Order to the Fifth Circuit by Demetrick Pennie. Filing fee $505, receipt number 0539-10735461. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Klayman, Larry) |
Filing 48
ORDER denying #45 Motion to Set Aside Judgment. (Ordered by Judge Ada Brown on 3/25/2020) (chmb)
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Filing 47
ELECTRONIC ORDER: The undersigned orders that all civil and criminal bench and jury trials, in-person court hearings, and sentencing proceedings scheduled to take place through May 1, 2020, are continued due to concerns about COVID-19 and consistent with the Northern District of Texas's Special Order Nos. 13-5 and 13-6, entered by Chief Judge Barbara Lynn on March 13, and March 18, 2020, respectively. In addition, if the attorneys have been ordered to conduct a face-to-face meeting for purposes of preparing a Rule 26(f) Joint Report, an in-person meeting is no longer required. These continuances do not modify any pending deadlines other than the trial or hearing dates mentioned above. Attorneys should file a motion with the Court to modify any other deadlines unless, as is the case in some cases transferred to this Court from other judges, the scheduling order allows the parties to reset deadlines by agreement without Court approval. Due to the Court's reduced ability to obtain an adequate spectrum of jurors, and due to the reduced availability of attorneys and court staff to be present in courtrooms because of the public health considerations associated with COVID-19, the period of the continuances associated with this Order and Special Order Nos. 13-5 and 13-6 are excluded by the Speedy Trial Act, 18 U.S.C. 3161(h) and 18 U.S.C. 3161 (h)(7)(A). The Court finds that the ends of justice served by ordering these continuances outweigh the best interests of the public and each defendants right to a speedy trial. In fact, the best interests of the public are served by these continuances. The Court encourages the parties to communicate with opposing counsel and litigants by video or telephone whenever possible. (Ordered by Judge Ada Brown on 3/19/2020) (lrl)
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| Filing 45 MOTION to Set Aside Judgment and Notice of Attorney Appearance filed by Demetrick Pennie (Klayman, Larry) Modified text on 3/19/2020 (axm). |
| Filing 44 ***Duplicate Entry of Document #44 *** NOTICE of Attorney Appearance by Larry E Klayman for Sanjay Biswas, Esq. on behalf of Demetrick Pennie. (Klayman, Larry) Modified on 3/19/2020 (axm). |
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Filing 43
JUDGMENT - This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered, it is ORDERED, ADJUDGED, and DECREED that this action is DISMISSED without prejudice under Federal Rule of Civil Procedure 41(b). (Ordered by Judge Ada Brown on 3/19/2020) (chmb)
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Filing 42
ORDER: Pennie has failed to obtain local counsel, respond to pending motions, and comply with a court order to show cause, which warned that failure to do so would result in dismissal of his case. It is apparent he no longer wishes to pursue this action. Accordingly, this action is DISMISSED without prejudice for failure to prosecute and comply with the Court's March 3, 2020 Order. See FED. R. CIV. P. 41(b). A separate final judgment will be entered pursuant to Federal Rule of Civil Procedure 58. (Ordered by Judge Ada Brown on 3/19/2020) (chmb)
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Filing 46
Special Orders 13-5 and 13-6 re: Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic (Ordered by Chief Judge Barbara M. G. Lynn on 3/16/2020 and 3/18/2020)(lrl)
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Filing 41
Order to Show Cause. Pennie is ORDERED TO SHOW CAUSE as to why this action should not be dismissed for failure to prosecute. Show Cause Response due by 3/17/2020. (Ordered by Judge Ada Brown on 3/3/2020) (rekc)
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| Filing 40 Brief/Memorandum in Support filed by John Burk, Thomas Popken re #39 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s) Ex. A) (Legere, Joseph) |
| Filing 39 MOTION to Dismiss for Lack of Jurisdiction filed by John Burk, Thomas Popken Attorney Joseph Edward Legere added to party John Burk(pty:dft), Attorney Joseph Edward Legere added to party Thomas Popken(pty:dft) (Legere, Joseph) |
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Filing 38
ORDER denying Plaintiff Demetrick Pennie's Motion to Stay (Doc. No. #27 ). (Ordered by Judge Ada Brown on 1/22/2020) (ctf)
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| Filing 37 REPLY filed by Demetrick Pennie re: #27 MOTION to Stay (Klayman, Larry) |
| Filing 36 Brief/Memorandum in Support filed by Mike Rawlings re #35 Motion to Dismiss for Failure to State a Claim (Estee, Cal) |
| Filing 35 Motion to Dismiss for Failure to State a Claim filed by Mike Rawlings (Attachments: #1 Proposed Order) (Estee, Cal) |
| Filing 34 Brief/Memorandum in Support filed by Mike Rawlings re #33 MOTION to Dismiss for Lack of Jurisdiction Subject Matter Jurisdiction (Estee, Cal) |
| Filing 33 MOTION to Dismiss for Lack of Jurisdiction Subject Matter Jurisdiction filed by Mike Rawlings (Attachments: #1 Proposed Order)Attorney Cal Alfred Estee added to party Mike Rawlings(pty:dft) (Estee, Cal) |
| Filing 32 MOTION to Dismiss for Insuffient Service filed by Mike Rawlings (Attachments: #1 Proposed Order) (Estee, Cal) |
| Filing 31 RESPONSE filed by City of Dallas, Dallas Morning News, Dallas Police Association, Dallas Police Association's Assist the Officer Foundation, Inc., Frederick Frazier, Ariana Giorgi, Naomi Martin, Michael Mata, Brian Mayes, Mayes Media Group re: #27 MOTION to Stay (Attachments: #1 Proposed Order) (Johnson, Jennifer) |
| Filing 30 Brief/Memorandum in Support filed by Ariana Giorgi re #29 MOTION to Dismiss (Teicher, Shannon) |
| Filing 29 MOTION to Dismiss filed by Ariana Giorgi Attorney Shannon Zmud Teicher added to party Ariana Giorgi(pty:dft) (Teicher, Shannon) |
| Filing 28 RESPONSE filed by Demetrick Pennie re: #11 Order on Motion to Extend Time (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Klayman, Larry) |
| Filing 27 MOTION to Stay filed by Demetrick Pennie (Klayman, Larry) |
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Filing 26
ELECTRONIC ORDER: denying #16 Plaintiff's Request for Leave to Proceed Without Local Counsel. (Ordered by Judge Ada Brown on 12/4/2019) (chmb)
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| Filing 25 Brief/Memorandum in Support filed by Dallas Police Association's Assist the Officer Foundation, Inc., Frederick Frazier re #24 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Arias, Fernando) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Dallas Police Association's Assist the Officer Foundation, Inc., Frederick Frazier Attorney Fernando P Arias added to party Dallas Police Association's Assist the Officer Foundation, Inc.(pty:dft), Attorney Fernando P Arias added to party Frederick Frazier(pty:dft) (Arias, Fernando) |
| Filing 23 Brief/Memorandum in Support filed by City of Dallas re #22 Motion to Dismiss for Failure to State a Claim (Estee, Cal) |
| Filing 22 Motion to Dismiss for Failure to State a Claim filed by City of Dallas (Attachments: #1 Proposed Order) (Estee, Cal) |
| Filing 21 Brief/Memorandum in Support filed by City of Dallas re #20 MOTION to Dismiss for Lack of Jurisdiction (Estee, Cal) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction filed by City of Dallas (Attachments: #1 Proposed Order)Attorney Cal Alfred Estee added to party City of Dallas(pty:dft) (Estee, Cal) |
| Filing 19 Appendix in Support filed by Dallas Morning News, Naomi Martin re #18 Brief/Memorandum in Support of Motion to Dismiss #17 (Teicher, Shannon) |
| Filing 18 Brief/Memorandum in Support filed by Dallas Morning News, Naomi Martin re #17 MOTION to Dismiss (Teicher, Shannon) |
| Filing 17 MOTION to Dismiss filed by Dallas Morning News, Naomi Martin Attorney Shannon Zmud Teicher added to party Dallas Morning News(pty:dft), Attorney Shannon Zmud Teicher added to party Naomi Martin(pty:dft) (Teicher, Shannon) |
| Filing 16 RESPONSE filed by Demetrick Pennie re: 10 Order, (Klayman, Larry) |
| Filing 15 Brief/Memorandum in Support filed by Brian Mayes, Mayes Media Group re #14 Motion to Dismiss for Failure to State a Claim (Stewart, Shawn) |
| Filing 14 Motion to Dismiss for Failure to State a Claim filed by Brian Mayes, Mayes Media Group with Brief/Memorandum in Support. Attorney Shawn Michael Stewart added to party Brian Mayes(pty:dft), Attorney Shawn Michael Stewart added to party Mayes Media Group(pty:dft) (Stewart, Shawn) |
| Filing 13 Brief/Memorandum in Support filed by Dallas Police Association, Michael Mata re #12 MOTION to Dismiss (Johnson, Jennifer) |
| Filing 12 MOTION to Dismiss filed by Dallas Police Association, Michael Mata (Attachments: #1 Proposed Order)Attorney Jennifer Weber Johnson added to party Dallas Police Association(pty:dft), Attorney Jennifer Weber Johnson added to party Michael Mata(pty:dft) (Johnson, Jennifer) |
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Filing 11
ORDER granting #9 Motion to Extend Time to Serve Defendants. The Court extends the time for effecting service of the complaint on defendants to 12/12/2019. (Ordered by Judge Ada Brown on 11/7/2019) (axm)
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Filing 10
ELECTRONIC ORDER: Unless exempted, Local Rule 83.10(a) requires the appearance of local counsel when counsel of record for a party does not reside in or maintain their principal office in this district. To date, one or more of the parties has failed to comply with Local Rule 83.10. The parties have twenty days from this date to comply if they have not already done so. (Ordered by Judge Ada Brown on 11/6/2019) (chmb)
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| Filing 9 MOTION to Extend Time Serve Defendants filed by Demetrick Pennie (Klayman, Larry) |
| Filing 8 Summons Issued as to Mike Rawlings. (ndt) |
| Filing 7 Request for Clerk to issue Summons filed by Demetrick Pennie. (Klayman, Larry) |
| Filing 6 Summons Issued as to John Burk, City of Dallas, Dallas Morning News, Dallas Police Association, Dallas Police Association's Assist the Officer Foundation, Inc., Frederick Frazier, Ariana Giorgi, Naomi Martin, Michael Mata, Brian Mayes, Mayes Media Group, Thomas Popken. (aaa) |
| Filing 5 Request for Clerk to issue Summons filed by Demetrick Pennie. (Attachments: #1 Exhibit(s) Summons, #2 Exhibit(s) Summons, #3 Exhibit(s) Summons, #4 Exhibit(s) Summons, #5 Exhibit(s) Summons, #6 Exhibit(s) Summons, #7 Exhibit(s) Summons, #8 Exhibit(s) Summons, #9 Exhibit(s) Summons, #10 Exhibit(s) Summons, #11 Exhibit(s) Summons) (Klayman, Larry) |
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Filing 4
ORDER: Per Special Order 3-335 issued on September 18, 2019, your case has been transferred to Judge Ada Brown. All parties are instructed that any existing scheduling orders and deadlines imposed by the previous judge remain in place unless the parties are otherwise notified by this Court. (Ordered by Judge Ada Brown on 10/8/2019) (cea)
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Filing 3
Special Order 3-335: Effective September 18, 2019, the cases listed on Exhibit A to this order are transferred to Judge Ada E. Brown's docket and shall henceforth be designated by the suffix letter "E." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 9/18/2019) (cea)
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| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Demetrick Pennie. (Filing fee $400; Receipt number 0539-10192431) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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. (Attachments: #1 Exhibit(s), #2 Cover Sheet) (Klayman, Larry) |
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