Logan v. City of Seagoville Texas et al
| Shayla Logan |
| City of Seagoville Texas, Chief of Police Ray Calverley, Captain Steve Davis and Officer Kevin Yoes |
| 3:2021cv03079 |
| December 9, 2021 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
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Filing 60
ORDER: For the reasons stated, Plaintiffs Motion for Leave to Conduct Limited Discovery, Doc. #41 , is GRANTED IN PART. Within 21 days of the date of this order, Yoes and the City are ORDERED to respond to Plaintiff's interrogatories and RFPs to the extent set forth above. In all other respects, the motion is DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 7/25/2022) (ndt)
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| Filing 59 Joint STATUS REPORT Regarding Discovery Issues filed by Ray Calverley, Steve Davis. (Montgomery, D) |
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Filing 58
ELECTRONIC ORDER: In light of Magistrate Judge Renee Harris Toliver's order for a joint status report on outstanding qualified immunity discovery issues, the Court hereby STAYS the deadline to file responsive briefing on the pending motions for summary judgment (Doc. Nos. 45 & 49). The Court will set the new deadlines by separate order at a later date. (Ordered by Judge Ed Kinkeade on 6/13/2022) (chmb)
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Filing 57
ELECTRONIC ORDER: The district judge has referred to the undersigned Plaintiff's Motion for Leave to Conduct Limited Discovery, Doc. #41 . Upon review, the Court ORDERS the parties to file a status report no later than June 22, 2022 regarding the matters still in dispute. (Ordered by Magistrate Judge Renee Harris Toliver on 6/13/2022) (chmb)
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| Filing 56 Unopposed MOTION to Continue of Defendants' Motion for Summary Judgment filed by Shayla Logan (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Proposed Order) (Hommel, William) |
| Filing 55 Notice of Receipt of Manual Filing. CD of Exhibits APP34-APP36 by Ray Calverley, Steve Davis re #52 Notice of Manual Filing. (Filed under separate cover, see records department.) (mjr) |
| Filing 54 Receipt of Notice of Manual Filing of CD's of exhibits 1, 2, 3 by Kevin Yoes re: #48 Notice of Manual Filing. (Filed under separate cover, see records department.) (mjr) |
| Filing 53 Brief/Memorandum in Support filed by Ray Calverley, Steve Davis re #49 MOTION for Summary Judgment (Montgomery, D) |
| Filing 52 Notice of Manual Filing of audio/video exhibits by Ray Calverley, Steve Davis re #51 Appendix in Support, (Montgomery, D) |
| Filing 51 Appendix in Support filed by Ray Calverley, Steve Davis re #49 MOTION for Summary Judgment (Attachments: #1 Exhibit(s) APP1-33, #2 Exhibit(s) APP37-38, #3 Exhibit(s) APP39-41, #4 Exhibit(s) APP42-43) (Montgomery, D) Modified linkage and docket text on 6/1/2022 (oyh). |
| Filing 50 ***PLEASE DISREGARD; INCORRECT PDF ATTACHED. ATTORNEY TO RE-FILE*** Brief/Memorandum in Support filed by Ray Calverley, Steve Davis re #49 MOTION for Summary Judgment Qualified Immunity (Montgomery, D) Modified per attorney on 5/31/2022 (jmg). |
| Filing 49 MOTION for Summary Judgment filed by Ray Calverley, Steve Davis (Montgomery, D) |
| Filing 48 Notice of Manual Filing of Exhibit by Kevin Yoes re #47 Appendix in Support Audio/Video Exhibits (Curley, Kevin) |
| Filing 47 Appendix in Support filed by Kevin Yoes re #46 Brief/Memorandum in Support of Motion, #45 MOTION for Summary Judgment Based on Qualified Immunity (Attachments: #1 Exhibit(s) 1-23) (Curley, Kevin) |
| Filing 46 Brief/Memorandum in Support filed by Kevin Yoes re #45 MOTION for Summary Judgment Based on Qualified Immunity (Curley, Kevin) |
| Filing 45 MOTION for Summary Judgment Based on Qualified Immunity filed by Kevin Yoes with Brief/Memorandum in Support. (Curley, Kevin) |
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Filing 44
ELECTRONIC Order Referring #41 MOTION for Leave to Conduct Limited Discovery to Magistrate Judge Renee Harris Toliver for hearing if necessary and determination. (Ordered by Judge Ed Kinkeade on 5/11/2022) (chmb)
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| Filing 43 RESPONSE filed by Ray Calverley, City of Seagoville Texas, Steve Davis re: #41 MOTION for Leave to Conduct Limited Discovery. (Montgomery, D) Modified text on 4/21/2022 (mjr). |
| Filing 42 RESPONSE filed by Kevin Yoes re: #41 MOTION for Leave to Conduct Limited Discovery (Curley, Kevin) |
| Filing 41 MOTION for Leave to Conduct Limited Discovery filed by Shayla Logan (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Proposed Order) (Hommel, William) |
| Filing 40 NOTICE Regarding Qualified Immunity re: #22 Order, filed by Kevin Yoes (Curley, Kevin) Modified docket text on 3/31/2022 (oyh). |
| Filing 39 NOTICE of Davis and Calverley's Notice re Qualified Immunity re: #22 Order,,,,,,,,, filed by Ray Calverley, Steve Davis (Montgomery, D) |
| Filing 38 ANSWER to #31 Amended Complaint with Jury Demand filed by Kevin Yoes. 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. (Curley, Kevin) |
| Filing 37 ANSWER to #31 Amended Complaint with Jury Demand filed by Steve Davis. 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. (Montgomery, D) |
| Filing 36 ANSWER to #31 Amended Complaint with Jury Demand filed by City of Seagoville Texas. 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. (Montgomery, D) |
| Filing 35 ANSWER to #31 Amended Complaint with Jury Demand filed by Ray Calverley. 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. (Montgomery, D) |
| Filing 34 Notice of Manual Filing of #31 First Amended Complaint by Shayla Logan. (Field under separate cover see records department) (oyh) |
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Filing 33
ELECTRONIC ORDER granting #30 Unopposed Motion for Leave to File Amended Complaint. The Amended Complaint filed separately on 3/1/2022 (Doc. No. 31) is accepted and deemed filed. (Ordered by Judge Ed Kinkeade on 3/1/2022) (chmb)
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| Filing 32 REPLY filed by Shayla Logan re: #19 Opposed MOTION to Compel Rule 7(a) Reply and to Stay Discovery, #20 Opposed MOTION to Compel Rule 7(a) Reply and to Stay Discovery (Hommel, William) |
| Filing 31 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Shayla Logan. 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 Exhibit(s)) (Hommel, William) |
| Filing 30 Unopposed MOTION for Leave to File File First Amended Complaint filed by Shayla Logan (Attachments: #1 Exhibit(s), #2 Proposed Order) (Hommel, William) |
| Filing 29 (Document Restricted) Attorneys' Contact Information (Sealed pursuant to order dated 2/3/2022) filed by Ray Calverley, Steve Davis (Montgomery, D) |
| Filing 28 (Document Restricted) Cell number for Court (Sealed pursuant to order dated 2/3/2022) filed by Shayla Logan (Wall, John) |
| Filing 27 (Document Restricted) Sealed Attorney Contact Information (Sealed pursuant to order dated 2/3/2022) filed by Shayla Logan (Hommel, William) |
| Filing 26 (Document Restricted) Sealed Attorney Contact Information (Sealed pursuant to order dated 2/3/2022) filed by Kevin Yoes (Curley, Kevin) |
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Filing 25
ELECTRONIC ORDER granting #24 Unopposed Motion For Leave Regarding Local. The Court may at any time require defendant to enter an appearance of local counsel. (Ordered by Judge Ed Kinkeade on 2/3/2022) (chmb)
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| Filing 24 MOTION For Leave Regarding Local Counsel filed by Kevin Yoes (Attachments: #1 Proposed Order Granting Def Yoes Motion for Leave Regarding Local Counsel) (Curley, Kevin) |
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Filing 23
ELECTRONIC ORDER denying #19 Motion to Compel; denying #20 Motion to Compel as MOOT. (Ordered by Judge Ed Kinkeade on 2/3/2022) (chmb)
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Filing 22
ORDER - QUALIFIED IMMUNITY - 1. This Order shall control the disposition of this case at this stage. The deadlines set forth in this Order may be extended only by formal written motion to the Court and only upon a showing of good cause. 2. All discovery in this case is stayed subject to the qualifications of this Order described below. Wicks v. Miss. State Emp't Servs., 41 F.3d 991, 99495 (5th Cir. 1995). 3. If Plaintiff has not previously done so, Plaintiff is ordered to file a Rule 7(a) reply to all assertions of qualified immunity within 30 days of the date of this Order. 4. Any motion to dismiss asserting qualified immunity must be filed within 30 days of the date of Plaintiff's Rule 7(a) reply. If Defendants choose not to file a motion to dismiss by this deadline, Defendants must file a notice with the Court by the deadline specifying this decision and informing the Court whether Defendants intend to file a motion for summary judgment asserting qualified immunity. 5. If any motion to dismiss by the Defendants does not dispose of the case, or Defendants have notified the Court of their intention to move for summary judgment on the basis of qualified immunity, and if the Court has not already converted any motion to dismiss into a motion for summary judgment, Defendants may move for summary judgment on the basis of qualified immunity. A motion for summary judgment on the basis of qualified immunity must be filed within sixty (60) days of either the Court's disposition of any motion to dismiss or the notice filed by Defendants concerning the intent to move for summary judgment. There appears to be no further reason at this time to maintain the file as open for statistical purposes. The Clerk is therefore instructed to submit a JS-6 form to the Administrative Office, thereby removing this case from the statistical records.Nothing in this Order shall be considered a dismissal or disposition of this case, and should further proceedings become necessary or desirable, any party or the Court may initiate such further proceedings in the same manner as if this Order had not been entered. Once the qualified immunity issue is resolved, the Court, if needed, will re-open this case and send a Scheduling Conference Order to the parties in order to put this case on a schedule and address the remaining issues in this case. See FED. R. CIV. P. 16(b)(2). (Ordered by Judge Ed Kinkeade on 2/3/2022) (chmb)
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Filing 21
ELECTRONIC ORDER: This Order VACATES the Court's ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/3/2022) (chmb)
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| Administrative Closure of Case pursuant to the Order-Qualified Immunity. (chmb) Modified on 2/3/2022 (chmb). |
| Filing 20 Opposed MOTION to Compel Rule 7(a) Reply and to Stay Discovery filed by Steve Davis. (Attachments: #1 Proposed Order) (Montgomery, D) Modified text on 2/3/2022 (mjr). |
| Filing 19 Opposed MOTION to Compel Rule 7(a) Reply and to Stay Discovery filed by Ray Calverley. (Attachments: #1 Proposed Order) (Montgomery, D) Modified text on 2/3/2022 (mjr). |
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Filing 18
***Vacated per 21 Electronic Order*** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/2/2022) (chmb) Modified text on 2/3/2022 (ygl).
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Filing 17
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, Defendant, Kevin Yoe shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result defendant's pleadings being stricken and default taken against that defendant without further notice. (Ordered by Judge Ed Kinkeade on 2/2/2022) (chmb)
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| Filing 16 DEMAND for Trial by Jury by Kevin Yoes. (Curley, Kevin) |
| Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kevin Yoes. (Curley, Kevin) |
| Filing 14 ANSWER to #1 Complaint with Jury Demand filed by Kevin Yoes. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Curley, Kevin) |
| Filing 13 NOTICE of Attorney Appearance by Kevin M Curley on behalf of Kevin Yoes. (Filer confirms contact info in ECF is current.) (Curley, Kevin) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ray Calverley, City of Seagoville Texas, Steve Davis. (Montgomery, D) |
| Filing 11 ANSWER to #1 Complaint, with Jury Demand filed by City of Seagoville Texas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney D Randall Montgomery added to party City of Seagoville Texas(pty:dft) (Montgomery, D) |
| Filing 10 ANSWER to #1 Complaint, with Jury Demand filed by Ray Calverley. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney D Randall Montgomery added to party Ray Calverley(pty:dft) (Montgomery, D) |
| Filing 9 ANSWER to #1 Complaint, with Jury Demand filed by Steve Davis. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney D Randall Montgomery added to party Steve Davis(pty:dft) (Montgomery, D) |
| Filing 8 SUMMONS Returned Executed as to Ray Calverley, served on 12/13/2021; City of Seagoville Texas, served on 12/14/2021; Kevin Yoes, served on 12/13/2021. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Hommel, William) Modified text on 12/30/2021 (ygl). |
| Filing 7 NOTICE of Attorney Appearance by John E Wall, Jr for William Hommel on behalf of Shayla Logan. (Wall, John) |
| Filing 6 Summons Issued as to Ray Calverley, City of Seagoville Texas, Kevin Yoes. (ndt) |
| Filing 5 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Shayla Logan. (Hommel, William) |
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Filing 3
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, plaintiff Shayla Logan, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 12/9/2021) (chmb)
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| Filing 2 Request for Clerk to issue Summons filed by Shayla Logan. (Attachments: #1 Summons - Officer Yoes, #2 Summons - Police Chief) (Hommel, William) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Ray Calverley, City of Seagoville, Texas, Steve Davis, Kevin Yoes filed by Shayla Logan. (Filing fee $402; Receipt number 0539-12444832) 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 and # Judge Specific 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 Cover Sheet) (Hommel, William) |
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