Aubrey v. Fry et al
| Steven Benton Aubrey |
| Brian D. Fillingim and City of Dallas |
| 3:2026cv02598 |
| August 7, 2026 |
| U.S. District Court for the Northern District of Texas |
| David C Godbey |
| David L Horan |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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| Filing 96 New Case Notes: A filing fee has been paid. CASREF 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. (ndt) |
| Filing 95 Case electronically transferred in from District of Florida Southern; Case Number 0:24-cv-60701. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
Filing 94
ORDER granting in part and denying in part #87 Motion to Dismiss #74 Amended Complaint/Amended Notice of Removal for Failure to State a Claim or Transfer. Transferring Case to the United States District Court for the Northern District of Texas; Case Closed. Signed by Judge Melissa Damian on 8/4/2026. See attached document for full details. (ls) [Transferred from Florida Southern on 8/7/2026.]
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Filing 93
ORDER STAYING CASE. Closing Case. Signed by Judge Melissa Damian on 4/6/2026. See attached document for full details. (ls) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 92 REPLY in Support of Motion re #87 Defendant's MOTION TO DISMISS #74 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . filed by City of Dallas, Brian D. Fillingim. (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 91
PAPERLESS ORDER Granting #89 Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Their Motion to Dismiss. Finding good cause for the requested relief, and noting the Motion is unopposed, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Accordingly, Defendants shall have until March 26, 2026, to file a Reply in support of their Motion to Dismiss. Replies due by 3/26/2026. Signed by Judge Melissa Damian on 3/10/2026. (oco) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 90 EXPEDITED MOTION Extension of Time re #89 MOTION for Extension of Time to File Response/Reply/Answer as to #88 Response/Reply (Other) by City of Dallas, Brian D. Fillingim. Responses due by 3/23/2026. (Attachments: #1 Exhibit Motion for Extenstion of Time)(Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 89 MOTION for Extension of Time to File Response/Reply/Answer as to #88 Response/Reply (Other) by City of Dallas, Brian D. Fillingim. Responses due by 3/23/2026. (Attachments: #1 Text of Proposed Order)(Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 88 Plaintiff's RESPONSE to #87 Defendant's MOTION TO DISMISS #74 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Steven Benton Aubrey. (Attachments: #1 Exhibits)(nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 87 Defendant's MOTION TO DISMISS #74 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by City of Dallas, Brian D. Fillingim. Responses due by 3/9/2026. (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 86
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO EXCEED PAGE LIMIT FOR MOTION TO DISMISS ECF NO. #85 . Signed by Judge Melissa Damian on 2/9/2026. See attached document for full details. (pc) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 85 Defendant's MOTION for Leave to File Excess Pages to Respond to Third Amended Complaint by City of Dallas, Brian D. Fillingim. Responses due by 2/17/2026. (Attachments: #1 Text of Proposed Order)(Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 84
ORDER denying #81 Motion to Strike Defendant City of Dallas' Notice of Transfer of Refiled and Similar Actions. Signed by Judge Melissa Damian on 2/1/2026. See attached document for full details. (drz) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 83 REPLY to Defendant City of Dallas' Response to Plaintiff's #81 Motion to Strike Notice of Transfer of Refiled and Similar Actions filed by Steven. (kpe) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 82 RESPONSE in Opposition re #81 MOTION to Strike #80 Notice of Pending, Refiled, Related or Similar Actions filed by City of Dallas. Replies due by 1/22/2026. (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 81 Plaintiff's MOTION to Strike Defendant City of Dallas' Notice of Transfer of Refiled and Similar Actions re #80 Notice of Pending, Refiled, Related or Similar Actions by Steven Benton Aubrey. Responses due by 1/28/2026. (Attachments: #1 Exhibit A)(nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 80 Notice of Pending, Refiled, Related or Similar Actions by City of Dallas (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 79 NOTICE of Attorney Appearance by Tamatha Suzanne Alvarez on behalf of City of Dallas. Attorney Tamatha Suzanne Alvarez added to party City of Dallas(pty:dft). (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 78
ORDER GRANTING PLAINTIFF'S MOTION TO DROP DEFENDANTS FRY AND FITZMARTIN [ECF NO. #76 ]. ORDER granting #76 Motion to Dismiss. Plaintiff's claims against Defendants John D. Fry and Glen A. Fitzmartin are DISMISSED. The case shall remain pending as to Defendants Brian D. Fillingim and the City of Dallas. Signed by Judge Melissa Damian on 1/5/2026. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 77 RESPONSE to Motion re #76 MOTION to Dismiss MOTION to Dimi filed by Brian D. Fillingim. Replies due by 1/12/2026. (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 75 Summons Issued as to City of Dallas. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 76 FED.R.CIV. P.21 MOTION to Drop Defendants Fry and Fitzmartin (Responses due by 1/13/2026.) by Steven Benton Aubrey. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 74 THIRD AMENDED COMPLAINT against City of Dallas filed in response to Order Granting Motion for Leave, filed by Steven Benton Aubrey.(nan) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 73
ORDER GRANTING PLAINTIFFS SUBSTANTIALLY UNOPPOSED MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT [ECF NO. 70]. ORDER denying as moot #50 Motion to Dismiss; denying as moot #50 Motion to Dismiss for Failure to State a Claim; denying as moot #50 Motion to Dismiss for Lack of Jurisdiction( Amended Complaint due by 12/31/2025.); granting #70 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge; granting #70 Motion to Amend/Correct. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Melissa Damian on 12/22/2025. See attached document for full details. (amb) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 72 REPLY to #71 Response in Opposition to Motion by Steven Benton Aubrey. (ebz) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 71 RESPONSE in Opposition re #70 MOTION for Leave to File MOTION to Amend/Correct #41 Amended Complaint/Amended Notice of Removal, #1 Complaint filed by Brian D. Fillingim. Replies due by 11/21/2025. (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 70 Plaintiff's Substantially Unopposed MOTION for Leave to File Third Amended Complaint #41 Amended Complaint/Amended Notice of Removal, #1 Complaint ( Responses due by 11/21/2025.) by Steven Benton Aubrey. (Attachments: #1 Third Amended Complaint)(nan) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 69
PAPERLESS ORDER. THIS CAUSE is before the Court on Brian Vodicka's #63 Motion for Leave to Proceed in forma pauperis. In light of Brian Vodicka's Withdrawal of his Motion to Intervene (see ECF No. 68), it is hereby ORDERED that the Motion for Leave to Proceed in forma pauperis [ECF No. 63] is DENIED AS MOOT. Signed by Judge Melissa Damian on 6/2/2025. (MD) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 68 NOTICE OF WITHDRAWAL OF MOTION re #62 MOTION to Intervene by Brian Vodicka (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Civil Case Terminated., Case Stayed Closing Case. Per DE#59 .(nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 67 NOTICE OF UNAVAILABILITY by Glen A. Fitzmartin for dates of April 4, 2025 - April 9, 2025 and October 27, 2025 - October 31, 2025 (Piper, Michael) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 66 REPLY in Support of Motion re #50 Defendant's MOTION to Dismiss with Prejudice MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . filed by Brian D. Fillingim. (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 65 REPLY in Support of Motion re #50 Defendant's MOTION to Dismiss with Prejudice MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . Reply to Plaintiff's Opposition to John D. Fry's Motion to Dismiss filed by John D. Fry. (Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 64
ORDER granting #60 Motion for Reconsideration re #60 Motion for Clarification/Reconsideration of the Court's Order to Stay Order Requiring Joint Scheduling Report [ECF NO. #59 ] filed by Steven Benton Aubrey. Signed by Judge Melissa Damian on 1/7/2025. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 63 MOTION for Leave to Proceed in forma pauperis by Brian Edward Vodicka. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 62 Emergency MOTION/NOTICE of Intervention by Brian Edward Vodicka (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 61 Plaintiff's RESPONSE to #46 Defendant's MOTION to Dismiss with Prejudice Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , #53 MOTION for Leave to File Excess Pages by Steven Benton Aubrey. (Attachments: #1 Exhibit A)(nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 60 Unopposed motion for Clarification/Reconsideration of the Court's Order to Stay Order Requiring Joint Scheduling Report [ECF NO. #59 ] (with Plaintiff's Suggestion of "Expedited" Nature thereof) by Steven Benton Aubrey re #59 Order on Expedited Motion, (nan) Modified text/status per Chambers on 1/6/2025 (sk). [Transferred from Florida Southern on 8/7/2026.] |
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Filing 59
ORDER GRANTING DEFENDANTS' EXPEDITED UNOPPOSED JOINT MOTION TO STAY ORDER REQUIRING JOINT SCHEDULING REPORT PENDING RULING ON IMMUNITY DEFENSES AND LACK OF PERSONAL JURISDICTION [ECF NO. #58 ]. ORDER granting #58 Expedited Motion. This case is temporarily STAYED. The Clerk of the Court is DIRECTED to mark this case CLOSED for statistical purposes only. Signed by Judge Melissa Damian on 12/11/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 58 Unopposed EXPEDITED MOTION to Stay Order Requiring Joint Scheduling Report Pending Ruling on Immunity Defenses and Lack of Personal Jurisdiction by John D. Fry. (Attachments: #1 Text of Proposed Order Proposed Order)(Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 57
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 12/31/2024. Signed by Judge Melissa Damian on 12/3/2024. See attached document for full details. (amb) [Transferred from Florida Southern on 8/7/2026.]
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Filing 56
OMNIBUS ORDER granting #52 Motion for Extension of Time to File Response/Reply to Motion ( Responses due by 1/4/2025.); granting #53 Motion for Leave to File Excess Pages. Signed by Judge Melissa Damian on 12/3/2024. See attached document for full details. (amb) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 55 Plaintiff's Suggestion of "Expedited" Nature of Pending Motions, (ECF Nos. #52 and #53 by Steven Benton Aubrey. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 54 NOTICE of Filing Exhibits by Steven Benton Aubrey re #41 Amended Complaint/Amended Notice of Removal (drz) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 53 PLAINTIFF'S UNOPPOSED MOTION for Leave to File Exceed Page Limit for Plaintiff's Response to Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint by Steven Benton Aubrey. (drz) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 52 MOTION for Extension of Time to File Response as to #50 Defendant's MOTION to Dismiss with Prejudice MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Steven Benton Aubrey. (drz) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 51
ORDER granting #49 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Cherie K. Batsel, Esq.,. Signed by Judge Melissa Damian on 11/21/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 50 Defendant's MOTION to Dismiss with Prejudice , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by John D. Fry. Responses due by 12/5/2024. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit AA, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3)(Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 49 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cherie K. Batsel, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-17998208 by Glen A. Fitzmartin. Responses due by 12/4/2024. (Attachments: #1 Text of Proposed Order)(Piper, Michael) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 48
OMINUBUS ORDER granting in part and denying in part #45 Motion for Leave to File Excess Pages; striking #46 Motion to Dismiss; striking #46 Motion to Dismiss for Failure to State a Claim; striking #46 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Melissa Damian on 11/12/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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Filing 47
PAPERLESS ORDER granting #43 Unopposed Motion for Extension of Time to Respond to Plaintiff's Second Amended Complaint. Finding good cause and noting the Motion is unopposed, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time is GRANTED. Defendants shall have until November 21, 2024, to file a combined response or separate answers to Plaintiff's Second Amended Complaint. Signed by Judge Melissa Damian on 11/7/2024. (oco) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 46 Defendant's MOTION to Dismiss with Prejudice , Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by John D. Fry. Responses due by 11/21/2024. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3)(Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 45 Defendant's MOTION for Leave to File Excess Pages by John D. Fry. (Attachments: #1 Text of Proposed Order Proposed Order)(Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 44 MOTION to Expedite DE 43 - Unopposed Motion for Extension of Time to Respond to Plaintiff's Second Amended Complaint by Brian D. Fillingim. (Attachments: #1 Exhibit Unopposed Motion for Extension of Time to Respond to Plaintiff's Second Amended Complaint)(Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 43 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Second Amended Complaint re #40 Order on Motion for Leave to File,, Order on Motion for Extension of Time,, Order on Expedited Motion, #41 Amended Complaint/Amended Notice of Removal by Brian D. Fillingim. Responses due by 11/21/2024. (Attachments: #1 Text of Proposed Order)(Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 42 NOTICE of Attorney Appearance by Tamatha Suzanne Alvarez on behalf of Brian D. Fillingim. Attorney Tamatha Suzanne Alvarez added to party Brian D. Fillingim (pty:dft). (Alvarez, Tamatha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 41 SECOND AMENDED COMPLAINT against Brian D. Fillingim, Glen A. Fitzmartin, John D. Fry filed in response to Order Granting Motion for Leave, filed by Steven Benton Aubrey.(nan) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 40
OMNIBUS ORDER granting #37 Plaintiff's Motion for Leave to File Second Amended Complaint and granting #38 Defendants' Joint Motion for Extension of Time to Respond to Operative Pleading. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. (Amended Complaint due by 10/22/2024). Signed by Judge Melissa Damian on 10/17/2024. See attached document for full details. (oco) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 39 Joint Expedited Motion Joint Additional Time to Respond to Operative Pleading Defendants' Suggestion of "Expedited" Nature of Pending Motion re #38 Joint MOTION for Extension of Time to Respond to Operative Pleading re #37 MOTION for Leave to File by Glen A. Fitzmartin. (Attachments: #1 Exhibit Filed Joint Motion for Additional Time to Respond to Operative Pleading)(Piper, Michael) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 38 Joint MOTION for Extension of Time to Respond to Operative Pleading re #37 MOTION for Leave to File by Glen A. Fitzmartin. Responses due by 10/29/2024. (Attachments: #1 Text of Proposed Order)(Piper, Michael) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 37 MOTION for Leave to File Second Amended Complaint by Steven Benton Aubrey. (nan) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 36
PAPERLESS ORDER. THIS CAUSE is before the Court on the Joint Expedited Motion to Stay #35 in which the parties seek a stay of the deadline to file their Joint Scheduling Report pending resolution of Defendants' impending Motions to Dismiss. Finding good cause for the requested relief and noting that the Motion is filed jointly, it is hereby ORDERED that the Motion #35 is GRANTED. It is further ORDERED that the deadline to file a Joint Scheduling Report is STAYED pending further Order from the Court. It is further ORDERED that in light of the expedited nature of this Order and Plaintiff's pro se status, Defendants are directed to provide notification to Plaintiff of this Paperless Order as Plaintiff does not receive notifications from the Court's CM-ECF system. Signed by Judge Melissa Damian on 9/28/2024. (MD) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 35 Joint EXPEDITED MOTION to Stay Order Requiring Joint Scheduling Report Per Local Rule 16.1 Conference Pending Ruling on Immunity Defenses and Lack of Personal Jurisdiction by John D. Fry. (Attachments: #1 Text of Proposed Order Proposed Order)(Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 34
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 10/1/2024 Signed by Judge Melissa Damian on 9/17/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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Filing 33
ORDER granting #32 Joint Expedited Motion for Extension of Time to Respond to the First Amended Complaint. Signed by Judge Melissa Damian on 9/9/2024. See attached document for full details. (oco) [Transferred from Florida Southern on 8/7/2026.]
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| Set/Reset Response/Answer Due Deadline per #33 Order Granting Joint Expedited Motion for Extension of Time: Glen A. Fitzmartin response/answer due 10/17/2024; John D. Fry response/answer due 10/17/2024. (oco) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 32 Joint EXPEDITED MOTION for Extension of Time to Respond to the First Amended Complaint by John D. Fry. (Attachments: #1 Text of Proposed Order Proposed Order)(Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 31 WAIVER OF SERVICE Returned Executed by Brian D. Fillingim. Brian D. Fillingim waiver sent on 8/18/2024 - Signed by Attorney Linday Wilson Gowin - Bar# 24111401, response/answer due 10/17/2024. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 30 Summons (Affidavit) Returned Unexecuted by Steven Benton Aubrey as to Brian D. Fillingim. (nan) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 29
ORDER granting #27 Unopposed Expedited Motion for Extension of Time to Respond to the First Amended Complaint; granting #28 Motion for Extension of Time to Respond to Plaintiff's First Amended complaint. Defendants, John D. Fry, Brian D. Fillingim, and Glen A. Fitzmartin, shall submit a single combined response or separate answers by September 9, 2024. (Response/Answer(s) due 9/9/2024). Signed by Judge Melissa Damian on 7/30/2024. See attached document for full details. (oco) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 28 MOTION for Extension of Time to File Response/Reply/Answer as to #23 Amended Complaint/Amended Notice of Removal by Glen A. Fitzmartin. (Attachments: #1 Text of Proposed Order Proposed Order)(Piper, Michael) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 27 Unopposed EXPEDITED MOTION For Extension of Time to Respond to the First Amended Complaint by John D. Fry. (Attachments: #1 Text of Proposed Order)(Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 26
ORDER DENYING AS MOOT MOTION TO DISMISS [ECF NO. #15 ]. ORDER denying as moot #15 Motion to Dismiss for Failure to State a Claim. Defendants, John D. Fry, Brian D. Fillingim, and Glen A. Fitzmartin, shall submit a single combined response or separate answers by August 5, 2024. Failure to comply with these procedures may result in sanctions, including the striking of the motion(s) or response(s). Signed by Judge Melissa Damian on 7/29/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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| Set/Reset Response/Answer Due Deadline: Brian D. Fillingim response/answer due 8/5/2024; Glen A. Fitzmartin response/answer due 8/5/2024; John D. Fry response/answer due 8/5/2024. (nan) Per DE#26 . [Transferred from Florida Southern on 8/7/2026.] |
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Filing 25
ORDER granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ben L. Stool. Signed by Judge Melissa Damian on 7/26/2024. See attached document for full details. (oco) [Transferred from Florida Southern on 8/7/2026.]
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Filing 24
ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Barbara S. Nicholas. Signed by Judge Melissa Damian on 7/26/2024. See attached document for full details. (oco) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 23 FIRST AMENDED COMPLAINT against Brian D. Fillingim, Glen A. Fitzmartin, John D. Fry, filed by Steven Benton Aubrey.(nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 22 Corrected SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12. Glen A. Fitzmartin served on 7/8/2024, response/answer due 7/29/2024. See DE #21 for image. (pes) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Steven Benton Aubrey. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ben L. Stool, Esq.. Pay.gov Agency Tracking ID FLSDC-17693606. Filing Fee $ 200.00 by Glen A. Fitzmartin. Responses due by 8/5/2024. (Attachments: #1 Text of Proposed Order Proposed Order)(Piper, Michael) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Barbara S. Nicholas, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-17694053 by Glen A. Fitzmartin. Responses due by 8/5/2024. (Attachments: #1 Text of Proposed Order Proposed Order)(Piper, Michael) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Steven Benton Aubrey. Glen A. Fitzmartin served on 7/3/2024, response/answer due 7/24/2024. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Steven Benton Aubrey. Brian D. Fillingim served on 7/13/2024, response/answer due 8/5/2024. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 16 NOTICE of Attorney Appearance by Michael Ross Piper on behalf of Glen A. Fitzmartin. Attorney Michael Ross Piper added to party Glen A. Fitzmartin(pty:dft). (Piper, Michael) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 15 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John D. Fry. Attorney Martha Hurtado added to party John D. Fry(pty:dft). Responses due by 7/26/2024. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hurtado, Martha) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 14 Summons Issued as to Brian D. Fillingim. (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 13 ACKNOWLEDGMENT OF SERVICE as to #10 Summons Issued filed by Steven Benton Aubrey. (nan) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 12
ORDER on Motion for Electronic Privileges [ECF NO. 11]. Order denying #11 Motion for Electronic Privileges. Signed by Judge Melissa Damian on 6/21/2024. See attached document for full details. (kpe) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 11 MOTION for Electronic Filing Privileges by Steven Benton Aubrey. (Attachments: #1 Text of Proposed Order)(jas) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 10 Summons Issued as to Brian D. Fillingim, Glen A. Fitzmartin, John D. Fry. (jas) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 9
ORDER REQUIRING PROOF OF SERVICE. ORDERED that on or before 7/25/2024, Plaintiff shall perfect service upon Defendants or show cause why this action should not be dismissed for failure to perfect service of process. Signed by Judge Melissa Damian on 6/12/2024. See attached document for full details. (jas) [Transferred from Florida Southern on 8/7/2026.]
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Filing 8
ORDER granting #6 Motion for Leave to Proceed in forma pauperis. USM Service NOT Ordered. Upon a review of the Application, the Court is satisfied Plaintiff should be allowed to proceed in forma pauperis. Signed by Judge Melissa Damian on 5/20/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 7 Consent by Pro Se Litigant (Non-Prisoner) Steven Benton Aubrey to receive Notices of Electronic Filing at email address: [email protected] (nan) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Steven Benton Aubrey. (nan) [Transferred from Florida Southern on 8/7/2026.] |
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Filing 5
ORDER ON MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS [ECF NO. #3 ]. ORDER denying #3 Motion for Leave to Proceed in forma pauperis. Plaintiff must submit an Application to Proceed In District Court Without Prepaying Fees or Costs (Long Form) or pay the required filing fee of $405.00 no later than May 24, 2024. Failure to comply with this Order will result in the dismissal of this case without prejudice and without further notice. Filing Fee due by 5/24/2024. Signed by Judge Melissa Damian on 5/6/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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Filing 4
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Melissa Damian on 5/6/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 8/7/2026.]
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Steven Benton Aubrey. (ar24) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Melissa Damian. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ar24) [Transferred from Florida Southern on 8/7/2026.] |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00. IFP Filed, filed by Steven Benton Aubrey. (Attachments: #1 Civil Cover Sheet)(ar24) [Transferred from Florida Southern on 8/7/2026.] |
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