Aguilar v. City of Carrollton Texas et al
| Humberto E Aguilar |
| City of Carrollton Texas, Officer FNU Norris, Officer FNU Motley and Officer FNU Hester |
| 3:2025cv00947 |
| April 16, 2025 |
| U.S. District Court for the Northern District of Texas |
| Jane J Boyle |
| David L Horan |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2026. A more recent docket listing may be available from PACER.
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Filing 58
NOTICE of Compliance with Court Order filed by Humberto E Aguilar (Aguilar, Humberto)
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Filing 57
ORDER STRIKING AND UNFILING UNAUTHORIZED SUR-REPLY: The Court therefore STRIKES Dkt. No. #56 and requests the Clerk of Court UNFILE it. And Aguilar is CAUTIONED that should he continue to submit unauthorized briefing, he could be subject to sanctions, including under Federal Rule of Civil Procedure 41(b), as he would submit any unauthorized briefing in defiance of this order. (Ordered by Magistrate Judge David L. Horan on 9/3/2025) (kcr)
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Filing 56
***STRIKEN AND UNFILED PER #57 ORDER*** NOTICE of Plaintiff Filing Supplemental Exhibit A for Courts Independent Video Review re: #36 Notice of Manual Filing, #33 MOTION to Dismiss Plaintiff's Complaint and Brief, #29 MOTION to Dismiss Plaintiff's Complaint and Brief, #30 Notice of Manual Filing filed by Humberto E Aguilar (Aguilar, Humberto) Modified on 9/3/2025 (kcr).
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Filing 55
NOTICE of Clarification Regarding Motion for Leave to File Sur-Reply and Defendants' Video Submissions filed by Humberto E Aguilar (Aguilar, Humberto) Modified text on 8/29/2025 (cfk).
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Filing 54
NOTICE of Regarding Defendants Objection to Motion for Leave to File Sur-Reply. Plaintiff files this Notice to clarify procedural issues raised in Defendants objection, specifically confusion regarding representation and Defendants introduction of new authorities and arguments in their Reply. Plaintiff respectfully requests that the Court overrule Defendants objection and grant leave to file a short sur-reply to ensure a complete and accurate record. filed by Humberto E Aguilar (Attachments: #1 Exhibit(s) Certificate of Service (undated)) (Aguilar, Humberto)
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Filing 53
Memorandum Opinion and Order denies #51 Motion for Leave to File Sur-Reply filed by Humberto E Aguilar. (Ordered by Magistrate Judge David L. Horan on 8/27/2025) (ndt)
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Filing 52
RESPONSE filed by City of Carrollton Texas, FNU Hester, FNU Motley, FNU Norris re: #51 First MOTION for Leave to File Sur-ReplyMotion for Leave (Brandt, Christopher)
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Filing 51
First MOTION for Leave to File Sur-ReplyMotion for Leave filed by Humberto E Aguilar (Attachments: #1 Proposed Order Proposed Order for sur reply) (Aguilar, Humberto)
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Filing 50
REPLY filed by City of Carrollton Texas, FNU Hester, FNU Motley, FNU Norris re: #33 MOTION to Dismiss Plaintiff's Complaint and Brief, #29 MOTION to Dismiss Plaintiff's Complaint and Brief (Brandt, Christopher)
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Filing 49
NOTICE of Change of Address for Pro Se litigant Humberto E Aguilar. New address: 4239 Arbor Creek Carrollton TX 75010. (Attachments: #1 Exhibit(s) Notice of Eviction, #2 Exhibit(s) Undated Certificate) (Aguilar, Humberto)
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Filing 48
Amended RESPONSE filed by Humberto E Aguilar re: #33 MOTION to Dismiss Plaintiff's Complaint and Brief (Aguilar, Humberto) Modified text on 8/7/2025 (knb).
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Filing 47
Amended RESPONSE filed by Humberto E Aguilar re: #29 MOTION to Dismiss Plaintiff's Complaint and Brief (Aguilar, Humberto) Modified text on 8/7/2025 (knb).
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Filing 46
ORDER denying #41 Motion to Strike ; denying #44 Motion for Discovery. (Ordered by Magistrate Judge David L. Horan on 7/15/2025) (cfk)
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Filing 45
NOTICE regarding Envelope Enclosure in Manual Filing filed by Humberto E Aguilar (Aguilar, Humberto) Modified event text on 7/14/2025 (kcr).
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Filing 44
Status Update and Request for Limited Discovery to Establish Standard of Reasonableness filed by Humberto E Aguilar (Aguilar, Humberto) Modified event text on 7/14/2025 (kcr).
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Filing 43
Notice of Receipt of Manual Filing of USB by City of Carrollton Texas, FNU Hester, FNU Motley, FNU Norris re #29 MOTION to Dismiss Plaintiff's Complaint and Brief. (knb)
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Filing 41
First MOTION to Strike defendants July 3rd filing, compel clarification of representation by the city of Carrollton and oppose any extensions due to procedural defects. filed by Humberto E Aguilar with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Time line, #2 Exhibit(s) Counsel serving all defendants, #3 Exhibit(s) Tracking of June 11th USB, #4 Exhibit(s) Undated Certificate of Service, #5 Exhibit(s) MAguilar email showing new position with Thompson Coe., #6 Exhibit(s) Spam filter email.) (Aguilar, Humberto)
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Filing 42
ORDER GRANTING LEAVE TO EXCEED PAGE LIMIT AND SETTING BRIEFING SCHEDULE: The Court GRANTS the motion for leave to exceed the page limit. See Dkt. No. #28 . And the Court STAYS Defendants' deadline to serve a responsive pleading to the first amended complaint pending the Court's disposition of the pending motions to dismiss. The Court enters this scheduling order, allowing Aguilar leave to file an amended response to each motion to dismiss by 8/6/2025. Defendants may file reply briefs, but no additional documents, by 8/21/2025. (Ordered by Magistrate Judge David L. Horan on 7/5/2025) (kcr)
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Filing 40
RESPONSE filed by City of Carrollton Texas, FNU Hester, FNU Motley, FNU Norris re: #31 Notice (Other), (Brandt, Christopher)
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Filing 39
NOTICE of Change of Address for Attorney Christopher Thomas Brandt on behalf of City of Carrollton Texas, FNU Hester, FNU Motley, FNU Norris. (Filer confirms contact info in ECF is current.) (Brandt, Christopher)
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Filing 38
NOTICE of REGARDING DELAYED RECEIPT OF FILED MATERIALS AND RULE 5 PRESERVATION filed by Humberto E Aguilar (Attachments: #1 Exhibit(s) Letter with USB and tracking history, #2 Exhibit(s) Letter with USB and tracking history) (Aguilar, Humberto)
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Filing 37
NOTICE of Timing and Content of Body Camera Footage Evidence (Related to DKT. 31,34,35,36) filed by Humberto E Aguilar (Aguilar, Humberto)
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Filing 35
RESPONSE AND OBJECTION filed by Humberto E Aguilar re: #33 MOTION to Dismiss Plaintiff's Complaint and Brief, #29 MOTION to Dismiss Plaintiff's Complaint and Brief (Attachments: #1 Exhibit(s) Exhibits to rebuttal defendants MTD) (Aguilar, Humberto)
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Filing 36
Notice of Receipt of Manual Filing of USB by FNU Norris re #33 MOTION to Dismiss Plaintiff's Complaint and Brief. (Filed under separate cover, see records department). (knb)
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Filing 34
Notice of Manual Filing of Body Camera Videos by FNU Norris re #33 MOTION to Dismiss Plaintiff's Complaint and Brief (Brandt, Christopher)
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Filing 33
MOTION to Dismiss Plaintiff's Complaint and Brief filed by FNU Norris with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order)Attorney Christopher Thomas Brandt added to party FNU Norris(pty:dft) (Brandt, Christopher)
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Filing 32
AFFIDAVIT Resubmitted affidavit showing service of officer Norris by Humberto E Aguilar. (Aguilar, Humberto)
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Filing 31
PLAINTIFFS NOTICE OF PROCEDURAL DEFECT, OBJECTION TO PREMATURE MOTION, AND REQUEST FOR CLARIFICATION OR DENIAL filed by Humberto E Aguilar (Attachments: #1 Exhibit(s) Clarification of officer Norris, #2 Exhibit(s) Notice that officer Norris has been served) (Aguilar, Humberto)
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Filing 30
Notice of Manual Filing of Body Camera Videos by City of Carrollton Texas, FNU Hester, FNU Motley re #29 MOTION to Dismiss Plaintiff's Complaint and Brief (Brandt, Christopher)
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Filing 29
MOTION to Dismiss Plaintiff's Complaint and Brief filed by City of Carrollton Texas, FNU Hester, FNU Motley with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Brandt, Christopher)
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Filing 28
MOTION for Leave to Exceed Page Limit to File Defendants' Motion to Dismiss filed by City of Carrollton Texas, FNU Hester, FNU Motley (Attachments: #1 Exhibit(s), #2 Proposed Order) (Brandt, Christopher)
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Filing 27
NOTICE of Code Correction filed by Humberto E Aguilar (Aguilar, Humberto)
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Filing 26
ORDER REGARDING FILINGS THAT IMPLICATE EFFORTS TO SETTLE. (Ordered by Magistrate Judge David L. Horan on 6/4/2025) (cfk)
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Filing 25
AFFIDAVIT Served June 2 for Brandon Norris by Humberto E Aguilar. (Aguilar, Humberto)
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Filing 24
NOTICE of Letter Regarding Post-Filing Communications filed by Humberto E Aguilar (Aguilar, Humberto)
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Filing 23
NOTICE of Continued Compliance with Local Rule 7.2(f) regarding generative artificial intelligence filed by Humberto E Aguilar (Aguilar, Humberto)
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Filing 22
SUMMONS Returned Executed as to FNU Motley; served on 5/27/2025 by Humberto E Aguilar. (Aguilar, Humberto) Modified event text on 5/29/2025 (kcr).
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Filing 21
SUMMONS Returned Executed as to FNU Hester; served on 5/27/2025 . by Humberto E Aguilar. (Aguilar, Humberto) Modified event text on 5/29/2025 (kcr).
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Filing 20
NOTICE of Final Settlement Offer to Defendants filed by Humberto E Aguilar (Attachments: #1 Additional Page(s) Notice of Final Settlement Offer to Defendants (with Attachment)) (Aguilar, Humberto)
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Filing 19
STANDING ORDER REGARDING USE OF ARTIFICIAL INTELLIGENCE. (Ordered by Magistrate Judge David L. Horan on 5/25/2025) (axm)
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Filing 18
NOTICE of Correspondence filed by Humberto E Aguilar (Attachments: #1 Exhibit(s) Notice of Correspondence including final settlement letter with attachments sent to defense counsel and a courtesy copy to the court.) (Aguilar, Humberto) Modified event text on 5/27/2025 (kcr).
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Filing 17
SUMMONS Returned Executed as to City of Carrollton Texas; served on 5/21/2025. (Aguilar, Humberto)
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Filing 16
NOTICE OF DEFICIENCY AS TO ATTEMPTED SERVICE: Humberto E Aguilar must address the following deficiency: A plaintiff may effect service via certified mail, return receipt requested, as long as the plaintiff also honors Texas law as to who is authorized to serve that is, mail process. And Texas law reflects that a plaintiff may not be her own process server. (Ordered by Magistrate Judge David L. Horan on 5/15/2025) (kcr)
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Filing 15
NOTICE of attempted service via certified mail filed by Humberto E Aguilar (Aguilar, Humberto) (Main Document 15 replaced on 5/14/2025) (ykp).
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Filing 14
STANDING ORDER OF REFERENCE: Pursuant to 28 U.S.C. 636(b), this case is referred to United States Magistrate Judge David L. Horan for pretrial management. All non-dispositive motions are prospectively referred to the magistrate judge for determination. All case-dispositive motions are prospectively referred to the magistrate judge for recommendation. All other pretrial matters, including scheduling and alternative dispute resolution, are referred to the magistrate judge for appropriate action consistent with applicable law. (Ordered by Judge Jane J Boyle on 5/5/2025) (twd)
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Filing 13
NOTICE of Corrected Party name filed by Humberto E Aguilar (Aguilar, Humberto) (Main Document 13 replaced on 5/5/2025) (cfk).
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Filing 12
Summons Issued as to City of Carrollton Texas, FNU Hester, FNU Motley, FNU Norris. (knb)
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Filing 11
ORDER REGARDING SERVICE: The undersigned issued a notice of deficiency as to Humberto E. Aguilar's eligibility to proceed IFP. See Dkt. No. #8 . And, in response, Aguilar paid the statutory filing fee [see Dkt. No. #9 ] and, by doing so, undertook the obligation to (1) properly serve the defendant with a summons and the complaint in compliance with FRCvP 4 or (2) obtain a waiver of service from each defendant The Court further advises Aguilar that, if proper service is not made and shown to the Court through a filed proof of service (or a waiver of service obtained and filed with the Court) before the 90th day after the filing of this action (on 4/16/2025) that is not a Saturday, Sunday, or legal holiday which will be Tuesday, 7/15/2025 this case is subject to dismissal without prejudice unless Aguilar shows both (1) good cause for this failure and (2) good cause for the Court to extend the time for service for an appropriate, specified period. See FRCvP 4(m); see also FRCvP 41(b) (providing for dismissal, with or without prejudice, for failure to prosecute and obey court orders). And, because Aguilar has now paid the filing fee, screening is completed, and this case is returned to the District Judge. (Ordered by Magistrate Judge David L. Horan on 5/2/2025) (twd)
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Filing 10
Request for Clerk to issue summons filed by Humberto E Aguilar. (Aguilar, Humberto) (Main Document 10 replaced to rotate on 5/2/2025) (knb).
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Filing 9
NOTICE of Payment of Filing Fee, with Receipt Attached filed by Humberto E Aguilar (Aguilar, Humberto)
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Filing 8
Order and Notice of Deficiency: Humberto E Aguilar must address the following deficiency: Leave to proceed in forma pauperis. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 5/28/2025. (Ordered by Magistrate Judge David L. Horan on 4/28/2025) (ndt)
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Filing 7
NOTICE of Notice of Disclosure of Use of Generative AI in Preparation of Complaint and Supplemental Statement (Doc #6) filed by Humberto E Aguilar (Aguilar, Humberto)
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Filing 6
NOTICE of Plaintiffs Supplemental Statement Regarding Medical Distress and Officer Response filed by Humberto E Aguilar (Aguilar, Humberto)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Apr 17 08:50:20 CDT 2025 (crt)
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Filing 5
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Humberto E Aguilar. (Clerk QC note: No affiliate entered in ECF). (knb)
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Humberto E Aguilar. (knb)
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Filing 3
COMPLAINT WITH JURY DEMAND against City of Carrollton Texas, FNU Hester, FNU Motley, FNU Norris filed by Humberto E Aguilar. 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. (knb)
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Filing 2
Notice and Instruction to Pro Se Party. (knb)
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Filing 1
New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (knb)
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