Ritzler et al v. The United States of America
| Timothy Ritzler and Patrick Martin |
| The United States of America |
| 3:2025cv03044 |
| November 7, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 22
ELECTRONIC Order Administratively Closing Case and Staying Discovery. Before the Court is the Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (the "Motion") (Doc. No. 7) filed by Defendant The United States of America (the "Defendant"). In the Motion, Defendant moves to dismiss this case under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), invoking sovereign immunity as a bar to Plaintiff's claims. See, e.g., Doc. No. 7 at 3-5 (CM/ECF-assigned page numbers). "A trial court has broad discretion and inherent power to stay discovery until preliminary questions that may dispose of the case are determined." Petrus v. Bowen, 833 F.2d 581, 583 (5th Cir. 1987). It is well-established that sovereign immunity serves as a jurisdictional bar to actions against the United States. Bank One, Tex., N.A. v. Taylor, 970 F.2d 16, 33 (5th Cir. 1992). To be sure, governmental immunity "is a defense to the burdens of litigation, not just the burdens of liability." Sutton v. United States, 819 F.2d 1289, 1299 (5th Cir. 1987). "Until this threshold immunity question is resolved, discovery should not be allowed." Id. (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). The resolution of Defendant's assertion of sovereign immunity is potentially case dispositive, and the Court has the inherent discretionary power to stay discovery. Accordingly, the Court concludes that a STAY of discovery is warranted here.Because the sovereign immunity issue must be decided as a threshold matter, the Court finds good cause to defer entering a scheduling order. See Fed. R. Civ. P. 16(b)(2) (setting time constraints on the issuance of a scheduling order "unless the judge finds good cause for delay"). The Court will enter an order addressing scheduling deadlines after deciding the Motion, if necessary.The Court administratively closes this case pending determination of the sovereign immunity defense. 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. Should further proceedings become necessary, the Court will reopen the case and this matter will proceed in the same manner as if this Order had not been entered. (Ordered by Judge Ed Kinkeade on 4/30/2026) (chmb)
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Filing 21
ELECTRONIC ORDER: The Court hereby VACATES the Court's #16 Amended Scheduling Order in this case. (Ordered by Judge Ed Kinkeade on 4/30/2026) (chmb) Modified on 4/30/2026 (chmb).
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| Filing 20 Designation of Mediator by Patrick Martin, Timothy Ritzler. (Hutchison, Susan) |
| Filing 19 REPLY filed by The United States of America re: #7 MOTION to Dismiss for Lack of Jurisdiction (Parker-DOJ, Tami) |
| Filing 17 RESPONSE filed by Patrick Martin, Timothy Ritzler re: #7 MOTION to Dismiss for Lack of Jurisdiction (Hutchison, Susan) |
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Filing 16
***VACATED PER ORDER No. 21*** AMENDED SCHEDULING ORDER: Bench Trial set for 10/4/2027 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 7/27/2026. Joint Report on mediation due by 8/3/2026. Joinder of Parties due by 4/13/2026. Amended Pleadings due by 4/13/2026. Discovery due by 1/29/2027. Motions due by 3/1/2027. Pretrial Order due by 9/13/2027. Pretrial Materials due by 9/13/2027. (Ordered by Judge Ed Kinkeade on 3/27/2026) (chmb) Modified on 4/30/2026 (chmb).
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Filing 15
SCHEDULING ORDER: Bench Trial set for 9/13/2027 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 7/27/2026. Joint Report on mediation due by 8/3/2026. Joinder of Parties due by 4/13/2026. Amended Pleadings due by 4/13/2026. Discovery due by 1/29/2027. Motions due by 3/1/2027. Pretrial Order due by 8/23/2027. Pretrial Materials due by 8/23/2027. (Ordered by Judge Ed Kinkeade on 3/27/2026) (chmb) (Main Document 15 replaced on 3/27/2026) (chmb).
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| Filing 14 Joint STATUS REPORT filed by The United States of America. (Parker-DOJ, Tami) |
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Filing 13
ELECTRONIC ORDER: Before the Court is Plaintiffs' Timothy Ritzler and Patrick Martin's Unopposed Motion to Extend Deadline to Respond to Motion to Dismiss (the "Motion to Extend") (Doc. No. 12). Having carefully considered the same, the Court finds good cause for the requested extension of time for Plaintiffs to file their response brief to Defendant United States of America's Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (the "Motion to Dismiss") (Doc. No. 7). See Fed. R. Civ. P. 6(b)(1)(A). Accordingly, the Court GRANTS the Motion. Plaintiffs shall file their response brief to Defendant's Motion to Dismiss by April 6, 2026. This deadline will not be extended again absent good cause and exigent circumstances.(Ordered by Judge Ed Kinkeade on 2/27/2026) (chmb)
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| Filing 12 MOTION for Extension of Time to File Response/Reply to #7 MOTION to Dismiss for Lack of Jurisdiction filed by Patrick Martin, Timothy Ritzler (Attachments: #1 Proposed Order) (Hutchison, Susan) |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Patrick Martin, Timothy Ritzler. (Clerk QC note: No affiliate entered in ECF). (Hutchison, Susan) |
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Filing 10
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/13/2026) (chmb)
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| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The United States of America. (Clerk QC note: No affiliate entered in ECF). (Parker-DOJ, Tami) |
| Filing 8 Appendix in Support filed by The United States of America re #7 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s)) (Parker-DOJ, Tami) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction filed by The United States of America with Brief/Memorandum in Support. (Parker-DOJ, Tami) |
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Filing 6
ELECTRONIC ORDER: Before the Court is The United States of America's ("Defendant") Unopposed Motion for Extension of Time to File Answer (the "Motion") (Doc. No. 5). Having carefully considered the same, the Court finds good cause for the requested extension of Defendant's answer deadline. See Fed. R. Civ. P. 6(b)(1)(A). Accordingly, the Court GRANTS the Motion. Defendant shall answer or otherwise respond to Plaintiffs Timothy Ritzler and Patrick Martin's Original Complaint (Doc. No. 1) by February 13, 2026. (Ordered by Judge Ed Kinkeade on 1/14/2026) (chmb)
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| Filing 5 Unopposed Motion for Extension of Time to File Answer filed by The United States of America with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Tami C Parker-DOJ added to party The United States of America(pty:dft) (Parker-DOJ, Tami) |
| Filing 4 SUMMONS Returned Executed as to The United States of America ; served on 11/14/2025. (Hutchison, Susan) |
| Filing 3 Summons issued as to The United States of America, U.S. Attorney, and U.S. Attorney General. (ndt) |
| Filing 2 New Case Notes: A filing fee has been paid. 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 1 COMPLAINT WITH JURY DEMAND against The United States of America filed by Timothy Ritzler, Patrick Martin. (Filing fee $405; Receipt number ATXNDC-15971612) 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 Cover Sheet) (Hutchison, Susan) |
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