XTC Cabaret Inc et al v. The City of Dallas et al
| XTC Cabaret (Dallas), Inc. d/b/a XTC Cabaret, Fine Dining Club, Inc. d/b/a Silver City Cabaret, Coaster Line Coaster Club Inc. d/b/a Tiger Cabaret, Guillermo Beltran Del Rio Tirado, Dedrrick Nero, Richard Bothmann, Jr., XTC Cabaret Inc Dallas doing business as XTC Cabaret, Fine Dining Club Inc doing business as Silver City Cabaret, Coaster Line Coaster Club Inc doing business as Tiger Cabaret and Richard Bothmann, Jr |
| The City of Dallas and The City of Dallas Police Department |
| 3:2024cv00042 |
| January 5, 2024 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 Appendix in Support filed by The City of Dallas, The City of Dallas Police Department re #23 Brief/Memorandum in Support of Motion, #22 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Fones, Kathleen) |
| Filing 23 Brief/Memorandum in Support filed by The City of Dallas, The City of Dallas Police Department re #22 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #1 Complaint,,,,, (Fones, Kathleen) |
| Filing 22 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by The City of Dallas, The City of Dallas Police Department (Fones, Kathleen) |
Filing 21
ORDER SETTING HEARING: Preliminary Injunction Hearing set for 4/29/2024 10:00 AM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 2/27/2024) (sxf)
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| Filing 20 Joint STATUS REPORT filed by Guillermo Beltran Del Rio Tirado, Richard Bothmann, Jr, Coaster Line Coaster Club Inc, Fine Dining Club Inc, Dedrrick Nero, XTC Cabaret Inc. (Wallace, Casey) |
| Filing 19 Notice of Filing of Official Electronic Transcript of Application for TRO Hearing Proceedings held on February 6, 2024 before Judge Jane J. Boyle. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (47 pages) Redaction Request due 3/4/2024. Redacted Transcript Deadline set for 3/14/2024. Release of Transcript Restriction set for 5/13/2024. (dak) |
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Filing 18
ORDER denying #8 Motion for Temporary Restraining Order. In conjunction with this ruling, the Court ORDERS the parties to file a joint status report with the Court on or before 2/22/2024. (Ordered by Judge Jane J Boyle on 2/8/2024) (cfk)
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| Filing 17 ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Motion hearing held on 2/6/2024 re #8 Motion for Temporary Restraining Order. Motion denied. Order to follow. Attorney Appearances: Plaintiff - Benjamin W Allen and Casey T Wallace; Defense - Kathleen MacInnes Fones and Drew Spaniol. (Court Reporter: Debbie Kriegshauser) (No exhibits) Time in Court - 0:57. (chmb) |
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Filing 16
ELECTRONIC ORDER granting #13 Unopposed Motion for Extension of Time. Defendants must answer or otherwise respond to the Complaint on or before March 1, 2024. (Ordered by Judge Jane J Boyle on 1/29/2024) (chmb)
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Filing 15
ELECTRONIC ORDER: Motion Hearing set for 2/6/2024 at 2:00 PM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jane J Boyle re: #8 Motion for Temporary Restraining Order. (Ordered by Judge Jane J Boyle on 1/29/2024) (chmb)
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| Filing 14 REPLY filed by Guillermo Beltran Del Rio Tirado, Richard Bothmann, Jr, Coaster Line Coaster Club Inc, Fine Dining Club Inc, Dedrrick Nero, XTC Cabaret Inc re: #8 MOTION for Temporary Restraining Order Preliminary Injunction, and Permanent Injunctive Relief (Attachments: #1 Proposed Order) (Wallace, Casey) |
| Filing 13 Unopposed Motion for Extension of Time to File Answer (), MOTION for Extension of Time to File Response/Reply to #1 Complaint,,,,, filed by The City of Dallas, The City of Dallas Police Department Attorney Kathleen MacInnes Fones added to party The City of Dallas(pty:dft), Attorney Kathleen MacInnes Fones added to party The City of Dallas Police Department(pty:dft) (Fones, Kathleen) |
| Filing 12 RESPONSE filed by The City of Dallas re: #8 MOTION for Temporary Restraining Order Preliminary Injunction, and Permanent Injunctive Relief (Fones, Kathleen) |
| Filing 11 CERTIFICATE OF SERVICE by Guillermo Beltran Del Rio Tirado, Richard Bothmann, Jr, Coaster Line Coaster Club Inc, Fine Dining Club Inc, Dedrrick Nero, XTC Cabaret Inc re #8 MOTION for Temporary Restraining Order Preliminary Injunction, and Permanent Injunctive Relief, #9 Order Setting Deadline/Hearing, Return of Service for The City of Dallas Police Department (Wallace, Casey) |
| Filing 10 CERTIFICATE OF SERVICE by Guillermo Beltran Del Rio Tirado, Richard Bothmann, Jr, Coaster Line Coaster Club Inc, Fine Dining Club Inc, Dedrrick Nero, XTC Cabaret Inc re #8 MOTION for Temporary Restraining Order Preliminary Injunction, and Permanent Injunctive Relief, #9 Order Setting Deadline/Hearing, Return of Service for The City of Dallas (Wallace, Casey) |
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Filing 9
ORDER re: #8 Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief. Responses due by 1/24/2024. Replies due by 1/26/2024. The Court ORDERS that Plaintiffs effectuate service of their Motion and this Order on Defendants (and file proof of such service with the Court) by noon on Friday, 1/19/2024. (Ordered by Judge Jane J Boyle on 1/17/2024) (axm)
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| Filing 8 MOTION for Temporary Restraining Order Preliminary Injunction, and Permanent Injunctive Relief filed by Guillermo Beltran Del Rio Tirado, Richard Bothmann, Jr, Coaster Line Coaster Club Inc, Fine Dining Club Inc, Dedrrick Nero, XTC Cabaret Inc (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Proposed Order) (Wallace, Casey) |
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Filing 7
ELECTRONIC ORDER: The Verified Complaint indicates that Plaintiffs seek a temporary restraining order in this case. However, pleading an entitlement to a temporary restraining order and moving for a temporary restraining order are not the same thing; only the latter brings the request for relief before the Court for ruling. See Fed. R. Civ. P. 7(b)(1) ("A request for a court order must be made by motion."). To the extent Plaintiffs still seek such a remedy, Plaintiffs must first file a motion and accompanying brief setting forth the legal and factual basis warranting the issuance of a temporary restraining order. See id.; L.R. 7.1. Plaintiffs have not done this. (Ordered by Judge Jane J Boyle on 1/11/2024) (chmb)
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| Filing 6 SUMMONS Returned Executed as to The City of Dallas Police Department ; served on 1/10/2024. (Wallace, Casey) |
| Filing 5 SUMMONS Returned Executed as to The City of Dallas ; served on 1/10/2024. (Wallace, Casey) |
| Filing 4 Summons Issued as to The City of Dallas, The City of Dallas Police Department. (kcr) |
| Filing 3 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (kcr) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Guillermo Beltran Del Rio Tirado, Richard Bothmann, Jr., Coaster Line Coaster Club Inc, Fine Dining Club Inc, Dedrrick Nero, XTC Cabaret Inc. (Clerk QC note: No affiliate entered in ECF). (Wallace, Casey) Modified party text on 1/8/2024 (kcr). |
| Filing 1 COMPLAINT against All Defendants filed by Coaster Line Coaster Club Inc, Fine Dining Club Inc, XTC Cabaret Inc, Guillermo Beltran Del Rio Tirado, Richard Bothmann Jr, Dedrrick Nero. (Filing Fee $405.00 Receipt Number ATXNDC-14292026.) Clerk to issue summons(es). 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 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Proposed Order, #8 Cover Sheet) (Wallace, Casey) Modified party text on 1/8/2024 (kcr). |
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