Rice v. Irving Independent School District et al
| David Rice |
| Irving Independent School District, Reny Lizardo, Alberto Ortiz and Tony Dunlop |
| 3:2025cv03480 |
| December 18, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 10, 2026. A more recent docket listing may be available from PACER.
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| Filing 39 MOTION to Correct filed by David Rice with Brief/Memorandum in Support. (Cevallos, Alejandro) |
| Filing 38 REPLY filed by Tony Dunlop, Alberto Ortiz re: #20 MOTION to Dismiss (Pedregon, Saul) |
| Filing 37 REPLY filed by Irving Independent School District re: #19 MOTION to Dismiss Plaintiff's First Amended Complaint (Eichelbaum, Dennis) |
Filing 36
ELECTRONIC Order Unfiling Document.The Court is in receipt of Defendant Irving Independent School District's Motion to Strike and Reply Brief in Support of its Motion to Dismiss Plaintiff's First Amended Complaint (the "Motion to Strike and Reply Brief") (Doc. No. 35). The Court UNFILES the Motion to Strike and Reply Brief. It is the Court's practice to not permit combined filings. Defendant Irving Independent School District must file its motion to strike separate and apart from its reply brief in support of its Motion to Dismiss. (Ordered by Judge Ed Kinkeade on 5/28/2026) (chmb)
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| Filing 35 ***UNFILED PER 36 ELECTRONIC ORDER*** MOTION to Strike and REPLY filed by Irving Independent School District re: #19 MOTION to Dismiss Plaintiff's First Amended Complaint (Attachments: #1 Proposed Order) (Eichelbaum, Dennis) Modified on 5/29/2026 (axm). Modified on 5/29/2026 (axm). |
| Filing 34 *** DISREGARD-PER ATTONEY***REPLY filed by Irving Independent School District re: #19 MOTION to Dismiss Plaintiff's First Amended Complaint (Attachments: #1 Proposed Order on Defendant's Motion to Strike Plaintiff's Response to Its Motion to Dismiss Plaintiff's First Amended Complaint) (Eichelbaum, Dennis) Modified text on 5/28/2026 (kxm). |
| Filing 33 RESPONSE filed by David Rice re: #20 MOTION to Dismiss (Cevallos, Alejandro) |
| Filing 32 RESPONSE filed by David Rice re: #19 MOTION to Dismiss Plaintiff's First Amended Complaint (Cevallos, Alejandro) |
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Filing 31
ELECTRONIC ORDER:Before the Court is Plaintiff's Motion for Leave to Proceed without Local Counsel (Doc. No. 29). Having carefully considered the same, the Court GRANTS the Motion. However, at any time during the pendency of this case, the Court may require Plaintiff to file the appearance of local counsel who satisfies the requirements set forth in Local Civil Rule 83.10(a). (Ordered by Judge Ed Kinkeade on 4/30/2026) (chmb)
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Filing 30
ELECTRONIC ORDER:Before the Court is Defendant Irving Independent School District's ("IISD") Motion for Leave to Proceed without Local Counsel (Doc. No. 28). Having carefully considered the same, the Court GRANTS the Motion. However, at any time during the pendency of this case, the Court may require IISD to file the appearance of local counsel who satisfies the requirements set forth in Local Civil Rule 83.10(a). (Ordered by Judge Ed Kinkeade on 4/30/2026) (chmb)
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| Filing 29 MOTION to Proceed Without Local Counsel filed by David Rice. (Cevallos, Alejandro) Modified text on 5/5/2026 (kxm). |
| Filing 28 MOTION to Proceed Without Local Counsel filed by Irving Independent School District (Attachments: #1 Proposed Order on Defendant's Motion to Proceed Without Local Counsel) (Eichelbaum, Dennis) |
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Filing 27
ORDER - Before the Court is the Motion to Dismiss and Brief in Support Thereof (the "Motion") (Doc. No. 20) filed by Defendants Alberto Ortiz and Tony Dunlop (the "Individual Officers"). In the Motion, the Individual Officers move to dismiss the case under Federal Rule of Civil Procedure 12(b)(1) and (6). See, e.g., Doc. No. 20 at 8 (CM/ECF-assigned page number). The Court STAYS all discovery in this case. To be clear, the Individual Officers' Motion to Dismiss (Doc. No. 20) and the Motion to Dismiss filed by Defendant Irving Independent School District (Doc. No. 19) remain PENDING. 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. If proceedings become necessary after the disposition of the pending Motion to Dismiss, 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 4/16/2026) (chmb)
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Filing 26
ELECTRONIC ORDER: It appears from this record that Plaintiff's counsel of record, Alejandro Cevallos, does not satisfy the requirements of Local Civil Rule 83.10(a) and, therefore, local counsel is required. L. Civ. R. 83.10(a). Local counsel is defined as an attorney who resides or maintains their principal office in this District AND their residence or principal office is within 50 miles of the courthouse. Id. (emphasis added). Plaintiff shall file the entry of appearance of local counsel who satisfies the requirements of Local Civil Rule 83.10(a) by April 30, 2026. (Ordered by Judge Ed Kinkeade on 4/16/2026) (chmb)
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Filing 25
ELECTRONIC ORDER:Before the Court is Plaintiff's Unopposed Motion for Extension of Time to File Responses to Defendants [sic] Separate Motions to Dismiss (Doc. No. 23). Having carefully considered the Motion, the Court finds good cause for the requested extension of time and, therefore, GRANTS the Motion. See Fed. R. Civ. P. 6(b)(1). For sake of ease and to minimize confusion, the Court sets the SAME response deadline for both motions to dismiss (Doc. Nos. 20 & 23). Plaintiff shall file his responses by May 22, 2026. (Ordered by Judge Ed Kinkeade on 4/16/2026) (chmb)
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Filing 24
ELECTRONIC ORDER:The Court DENIES as moot Defendant Irving Independent School District's Motion to Dismiss Plaintiff's Original Petition (Doc. No. 7) in light of Plaintiff's First Amended Complaint (Doc. No. 8). (Ordered by Judge Ed Kinkeade on 4/16/2026) (chmb)
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| Filing 23 MOTION to Extend Time time to file response filed by David Rice with Brief/Memorandum in Support. (Cevallos, Alejandro) |
| Filing 21 Appendix in Support filed by Tony Dunlop, Alberto Ortiz re #20 MOTION to Dismiss (Pedregon, Saul) |
| Filing 20 MOTION to Dismiss filed by Tony Dunlop, Alberto Ortiz with Brief/Memorandum in Support. Attorney Saul Pedregon added to party Tony Dunlop(pty:dft), Attorney Saul Pedregon added to party Alberto Ortiz(pty:dft) (Pedregon, Saul) |
| Filing 22 Mail returned as undeliverable. 12 Order on Motion to Withdraw as Attorney received back from Alejandro I Cevallos as no longer at this address. Address updated from last filed document #10 . The current document re-mailed on 3/16/2026. (kcr) |
| Filing 19 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Irving Independent School District with Brief/Memorandum in Support. (Attachments: #1 Proposed Order on Defendant Irving Independent School District's Motion to Dismiss Plaintiff's First Amended Complaint and Brief in Support) (Eichelbaum, Dennis) |
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Filing 18
ELECTRONIC ORDER: Before the Court is Plaintiff David Rice's Partially Unopposed Motion for Extension of Time to Perfect Service (the "Motion") (Doc. No. 14). Plaintiff failed to perfect service upon two of the individual Defendants, Tony Dunlop and Reny Lizardo, within the time permitted by Federal Rule of Civil Procedure 4(m). Doc. No. 14 at 2; see Fed. R. Civ. P. 4(m) ("[i]f a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time"). As a result, Plaintiff seeks an extension of time to perfect service of process on Defendants Tony Dunlop and Reny Lizardo. Doc. No. 14 at 3. Plaintiff states that he attempted service on Defendants Dunlop and Lizardo but was unsuccessful. Id. at 2. Plaintiff also requests that new summons be issued for Defendants Dunlop and Lizardo, that leave be granted for substituted service on Defendants Dunlop and Lizardo, and that Defendants Dunlop and Lizardo "either waive service or permit the Defendants' counsel to accept service on the Defendants' behalf." Id. at 3. Subsequent to filing his Motion, Plaintiff perfected service on both Defendants Dunlop and Lizardo. See Doc. Nos. 16 & 17. Having carefully considered the Motion, the Court finds good cause for the requested extension of time to perfect service on Defendants Dunlop and Lizardo. See Fed. R. Civ. P. 4(m) ("if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period"). Accordingly, the Court GRANTS IN PART the Motion to the extent Plaintiff requests additional time for service. Because Plaintiff has now served Defendants Dunlop and Lizardo, there is no need to set a new deadline for service. Further, the Court DENIES as moot the remaining relief requested, as Plaintiff has perfected service on Defendants Dunlop and Lizardo.(Ordered by Judge Ed Kinkeade on 3/26/2026) (chmb)
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| Filing 17 SUMMONS Returned Executed as to Reny Lizardo ; served on 3/23/2026. (Cevallos, Alejandro) |
| Filing 16 SUMMONS Returned Executed as to Tony Dunlop ; served on 3/18/2026. (Cevallos, Alejandro) |
| Filing 15 SUMMONS Returned Executed as to Irving Independent School District ; served on 1/5/2026. (Cevallos, Alejandro) |
| Filing 14 MOTION to Extend Time to Perfect Service filed by David Rice with Brief/Memorandum in Support. (Cevallos, Alejandro) |
| Filing 13 SUMMONS Returned Executed as to Alberto Ortiz ; served on 3/12/2026. (Cevallos, Alejandro) |
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Filing 12
ELECTRONIC ORDER:Before the Court is Plaintiff David Rice's Unopposed Motion to Withdraw Janelle L. Davis and Substitute Alejandro Cevallos as Counsel for Plaintiff (the "Motion") (Doc. No. 11). Having carefully considered the same, the Court GRANTS the Motion. Janelle L. Davis is hereby TERMINATED as counsel-of-record for Plaintiff. Further, Alejandro Cevallos is hereby SUBSTITUTED as lead counsel-of-record for Plaintiff. See L. Civ. R. 83.12(d). (Ordered by Judge Ed Kinkeade on 3/16/2026) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Mon Mar 16 11:03:01 CDT 2026 (crt) |
| Filing 11 Unopposed MOTION to Withdraw as Attorney and Substitute Alejandro Cevallos filed by David Rice with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Davis, Janelle) |
| Filing 10 NOTICE of Attorney Appearance by Janelle L Davis for Alejandro Cevallos on behalf of David Rice. (Davis, Janelle) |
| Filing 9 RESPONSE filed by David Rice re: #7 Motion to Dismiss for Failure to State a Claim (Davis, Janelle) |
| Filing 8 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by David Rice. 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)) (Davis, Janelle) |
| Filing 7 Motion to Dismiss for Failure to State a Claim filed by Irving Independent School District with Brief/Memorandum in Support. Attorney Dennis J Eichelbaum added to party Irving Independent School District(pty:dft) (Eichelbaum, Dennis) |
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Filing 6
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 12/19/2025) (chmb)
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Filing 5
ELECTRONIC STANDING ORDER: This Court requires all counsel of record to review and comply with the undersigned's Judge Specific Requirements as well as the Local Civil Rules for the Northern District of Texas upon making an appearance in a matter before this Court. These can be found at # Judge Specific Requirements and # Local Civil Rules . Further, counsel shall refer to this Court's Judge Specific Requirements and the Local Civil Rules prior to calling chambers with any questions. The Court calls specific attention to Local Civil Rule 7.2(f), which addresses the disclosure of the use of generative artificial intelligence, and Local Civil Rule 83.10, which address the requirement of local counsel. (Ordered by Judge Ed Kinkeade on 12/19/2025) (chmb)
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| Filing 4 Summons Issued as to Tony Dunlop, Irving Independent School District, Reny Lizardo, Alberto Ortiz. (kxm) |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (kxm) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by David Rice. (Clerk QC note: No affiliate entered in ECF). (Davis, Janelle) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by David Rice. (Filing fee $405; Receipt number ATXNDC-16068905) 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), #2 Cover Sheet) (Davis, Janelle) (Attachment 2 flattened on 12/19/2025) (kxm). Modified on 12/19/2025 (kxm). |
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