Craig et al v. City of Fort Worth et al
| Jacqueline Craig and Brea Hymond |
| City of Fort Worth, William D. Martin and Itamar Vardi |
| 4:2017cv01020 |
| December 22, 2017 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| Tarrant |
| John McBryde |
| Mark Pittman |
| 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 September 14, 2022. A more recent docket listing may be available from PACER.
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Filing 76
ORDER: The Court ORDERS the Parties to file a Joint Report on or before September 28, 2022, detailing the remaining issues in front of the Court following the issuance of the Mandate. The Joint Report shall also include a proposed briefing schedule to resolve these issues. (Ordered by Judge Mark Pittman on 9/14/2022) (sre)
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Filing 75
Opinion ON PETITION FOR REHEARING EN BANC of USCA No. 19-10013 in accordance with USCA judgment re #56 Notice of Appeal, filed by William D. Martin. The petition for rehearing en banc has been denied. We withdraw the prior opinion that issued February 15, 2022, and substitute the following prior opinion that issued February 15, 2022, and substitute the following.We reverse the district courts denial of qualified immunity on the excessive force claims and render judgment in Martins favor as to those claims. We express no opinion regarding the district courts dismissal of the plaintiffs other claims, which are not part of this appeal. For these reasons, we REVERSE the district courts denial of qualified immunity on the excessive force claims and RENDER summary judgment in Martins favor as to those claims. (Attachments: #1 USCA Cover Letter) (tle)
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Filing 74
Opinion of USCA No. 19-10013 in accordance with USCA judgment re #56 Notice of Appeal, filed by William D. Martin. The petition for rehearing en banc has been denied. We withdraw the prior opinion that issued February 15, 2022, and substitute the following opinion. For these reasons, we REVERSE the district courts denial of qualified immunity on the excessive force claims and RENDER summary judgment in Martins favor as to those claims. (tle)
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Filing 73
JUDGMENT/MANDATE of USCA No. 19-10013 as to #56 Notice of Appeal, filed by William D. Martin. IT IS ORDERED and ADJUDGED that the judgment of the District Court is REVERSED. IT IS FURTHER ORDERED that Appellees pay to Appellant the costs on appeal to be taxed by the Clerk of this Court. Issued as Mandate: 9/8/2022. (Attachments: #1 USCA Cover Letter) (tle)
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APPEARANCE FORM FILED at USCA5 by Attorney(s) Andre Segura for party(s) Amicus Curiae American Civil Liberties Union Foundation Amicus Curiae American Civil Liberties Union Foundation of Texas... APPEARANCE FORM FILED at USCA5 by Attorney(s) Savannah Kumar for party(s) Amicus Curiae American Civil Liberties Union Foundation Amicus Curiae American Civil Liberties Union Foundation of Texas, in case 19-10013. Access to the EROA has been granted. (tle)
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APPEARANCE FORM FILED at USCA5 by Attorney Alexa Gervasi for Amicus Curiae Institute for Justice in...APPEARANCE FORM FILED by Attorney(s) Patrick M. Jaicomo for party(s) Amicus Curiae Institute for Justice...APPEARANCE FORM FILED by Attorney Robin Eve Wechkin for Amicus Curiae Howard University School of Law Civil Rights Clinic...APPEARANCE FORM FILED by Attorney Jay Remington Schweikert for Amicus Curiae Cato Institute in 19-10013 [19-10013]. Access to the EROA has been granted. (tle)
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Filing 72
Mail returned as undeliverable re #23 Status Report Order, #25 Order received back from Itamar Vardi as Return to Sender; Not Deliverable as Addressed; Unable to Forward. The current document has not been re-mailed. (Note: These two documents have also been returned undelivered as to the current address as shown on the docket sheet) (tln)
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Clerk's notice to ECF Users in cases transferred under SO 3-329 from Judge John McBryde to Judge Mark Pittman: Judge Pittman permits electronic filing. His copy requirements for electronically filed documents are as follows: Sealed documents, dispositive motions, responses, replies, and appendices thereto and filings more than 25 pages in length, placed in a 3-ring binder, with exhibits or attachments tabbed, indexed, and bound. Delivery instructions are available in the link to the Judges' Copy Requirements found at the top of the notice of electronic filing sent to affected ECF users. (lrl)
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Filing 71
Special Order 3-329: On 8/8/19 the clerk is to reassign Fort Worth cases that are listed in the order and assigned to Senior District Judge McBryde and District Judge O'Connor to Judge Mark Pittman, and the cases will carry the suffix letter "P." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/8/2019) (cea)
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Filing 70
NOTICE of Change of Address for Attorney Kenneth E East on behalf of William D. Martin. (tln)
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APPEARANCE FORM FILED at USCA5 by Attorney(s) Matthew J. Kita for party(s) Appellee J acqueline Craig Appellee Brea Hymond, in case 19-10013. Access to the EROA has been granted. (tle)
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Filing 69
UNOPPOSED MOTION TO EXTEND DEADLINE FOR PLAINTIFFS TO FILE SETTLEMENT CONFERENCE REPORT & PRETRIAL ORDER filed by Jacqueline Craig, Brea Hymond. (tln)
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Filing 68
ORDER granting #67 Motion to Withdraw as Attorney. Attorney Daryl K Washington terminated. (Ordered by Senior Judge John McBryde on 2/20/2019) (tln)
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Filing 67
MOTION to Withdraw as Counsel of Record filed by Jacqueline Craig, Brea Hymond. (bdb)
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Filing 66
Supplemental Document by Itamar Vardi as to #64 MOTION. (tln)
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Filing 65
ORDER: The court ORDERS that if Vardi intends to assert any claims based on the events described in his February 11 narrative, he file a document setting forth specifically the relief he seeks from each person, stating specifically with regard to each such person what that person did to cause him or her to be liable to Vardi for such relief. (see order) (Ordered by Senior Judge John McBryde on 2/14/2019) (tln)
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Filing 64
Motion filed by Itamar Vardi (wxc)
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Record on Appeal for USCA5 19-10013 (related to #56 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (tle)
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Filing 63
ORDER: The court ORDERS that Martin's emergency #59 motion to stay be, and is hereby, granted, and plaintiff's claims in this action against Martin and City be, and are hereby, stayed pending further order of the court. The court further ORDERS that plaintiffs' claims against Vardi be, and are hereby, severed and made the subject of a separate action, bearing Civil Action Number 4:19-CV-067-A. (Ordered by Senior Judge John McBryde on 1/22/2019) (bdb)
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Filing 62
RESPONSE in Opposition filed by Jacqueline Craig, Brea Hymond re: #59 MOTION to Stay. (bdb)
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Filing 61
RESPONSE filed by City of Fort Worth re: #59 MOTION to Stay. (bdb)
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Filing 60
ORDER: Now pending is the #59 emergency motion of defendant William Martin ("Martin") to stay case pending interlocutory appeal. The court finds that the motion should be considered on an expedited basis. The court ORDERS that by 4:00 p.m. on January 18, 2019, each other party to this action file a response to Martin's emergency motion to stay. Failure to respond to the motion will be interpreted as nonopposition to the motion. (Ordered by Senior Judge John McBryde on 1/14/2019) (tln)
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Filing 59
EMERGENCY MOTION TO STAY CASE PENDING INTERLOCUTORY APPEAL filed by William D. Martin. (tln)
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Filing 58
NOTICE of Attorney Appearance by Matthew J Kita on behalf of Jacqueline Craig. (bdb)
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Filing 57
Transcript Order Form: re #56 Notice of Appeal, transcript not requested Reminder to appellant: this document must also be filed with the appeals court. (tle)
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USCA Case Number 19-10013 in United States Court of Appeals Fifth Circuit for #56 Notice of Appeal, filed by William D. Martin. (tle)
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Confirmation of receipt of payment from Kenneth E East PC in the amount of $505.00. Transaction posted on 1/3/2019. Receipt number FW031951 processed by tn. (ali) Lifted restriction on 1/4/2019 (ali).
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Filing 56
NOTICE OF INTERLOCUTORY APPEAL as to #52 Order on Motion for Summary Judgment to the Fifth Circuit by William D. Martin. Filing fee $505, receipt number FW031951. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (tle)
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Filing 55
ORDER granting #54 Motion to Extend to Extend Deadline for Plaintiffs to Designate Experts. The court's December 12, 2018 order setting schedule and providing special pretrial instructions is hereby amended to read: By February 22, 2019, each party shall designate experts, and comply with the requirements of Fed. R. Civ. P. 26(a) (2), (1) by filing in this action a written designation giving the name, address, telephone number, and subject matter of the proposed expert testimony of each expert who may be called to testify, and (2) by serving on the opposing parties the disclosures and reports required by Rule 26(a)(2). (Ordered by Senior Judge John McBryde on 12/21/2018) (mpw)
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Filing 54
MOTION to Extend Deadline for the Plaintiffs to Designate Experts filed by Jacqueline Craig, Brea Hymond. (mpw)
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Filing 53
ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS: Joinder of Parties due by 2/11/2019. Amended Pleadings due by 2/11/2019. Discovery due by 4/1/2019. Pretrial Conference set for 4/24/2019 01:00 PM before Senior Judge John McBryde. This case is set for a jury trial the week of 6/10/2019, with docket call at 9:00 a.m. on that date. (see order) (Ordered by Senior Judge John McBryde on 12/12/2018) (tln)
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Filing 52
ORDER denying #43 Motion for Summary Judgment. (see order) (Ordered by Senior Judge John McBryde on 12/12/2018) (tln)
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Filing 51
REPLY filed by William D. Martin re: #43 MOTION for Summary Judgment on the Issue of Qualified Immunity. (tln)
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Filing 50
Appendix in Support filed by Jacqueline Craig, Brea Hymond re #48 Response. (tln)
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Filing 49
Brief in Support filed by Jacqueline Craig, Brea Hymond re #48 Response. (tln)
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Filing 48
RESPONSE filed by Jacqueline Craig, Brea Hymond re: #43 MOTION for Summary Judgment. (tln)
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Filing 47
ORDER granting #46 Motion to Extend Time to File Response to Motion for Summary Judgment. The court ORDERS that the deadline for plaintiffs to respond to defendant William D. Martin's motion for summary judgment be, and is hereby, extended to 4:00 p.m. on November 26, 2018. (Ordered by Senior Judge John McBryde on 10/25/2018) (tln)
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Filing 46
MOTION for Extension of Time to File Response to #43 MOTION for Summary Judgment filed by Jacqueline Craig, Brea Hymond. (tln)
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Filing 45
Appendix in Support filed by William D. Martin re #43 MOTION for Summary Judgment. (bdb)
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Filing 44
Brief in Support filed by William D. Martin re #43 MOTION for Summary Judgment. (bdb)
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Filing 43
MOTION for Summary Judgment on the Issue of Qualified Immunity filed by William D. Martin. (bdb)
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Filing 42
ORDER granting #41 Motion to Extend Deadlines: The Court ORDERS that the deadhnes in the Court's order, dated May 17, 2018 (electronic docket entry no. 39), are hereby modified as follows: the deadline for any party to conduct discovery pertaining to the issue of qualified immunity on the excessive force claims against Martin is hereby extended to September 14, 2018, and the deadline for any party who wishes to file a motion for summary judgment on the issue of whether Martin is entitled to qualified immunity on the excessive force claims asserted against him in this action is hereby extended to October 15, 2018. (Ordered by Judge John McBryde on 6/25/2018) (bdb)
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Filing 41
Joint MOTION to Extend Qualified Immunity Deadlines filed by Jacqueline Craig, Brea Hymond, William D. Martin with Brief in Support. (bdb)
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Filing 40
ANSWER to #1 Complaint filed by William D. Martin. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (bdb)
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Filing 39
ORDER: The court ORDERS that from now until July 17, 2018, any party can conduct discovery pertaining to the issue of qualified immunity on the excessive force claims against Martin, and each party is instructed to cooperate so that discovery as to the qualified immunity issue can be completed by that date. The court further ORDERS that any party who wishes to file a motion for summary judgment on the issue of whether Martin is entitled to qualified immunity on the excessive force claims asserted against him in this action must file such motion by 4:00 p.m. on August 16, 2018. (Ordered by Judge John McBryde on 5/17/2018) (bdb)
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Filing 38
MEMORANDUM OPINION and ORDER: The court ORDERS that the #21 motion to dismiss of Martin be, and is hereby, granted in part and denied in part, and that plaintiffs' Count III claim for Unlawful Seizure of a Person and Count IV claim for Bystander Injury as against Martin be, and are hereby, dismissed (Ordered by Judge John McBryde on 5/17/2018) (bdb)
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Filing 37
Brief Sur-reply filed by Jacqueline Craig, Brea Hymond re: #21 Motion to Dismiss. (tln)
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Filing 36
ORDER granting #35 Unopposed Motion for Leave to File Sur-reply. The court ORDERS that plaintiffs file by 4:00 p.m. on April 18, 2018, a sur-reply identical to the one attached to plaintiffs' motion. (Ordered by Judge John McBryde on 4/16/2018) (tln)
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Filing 35
Unopposed MOTION for Leave to File a Brief Sur-Reply filed by Jacqueline Craig, Brea Hymond. (tln)
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Filing 34
REPLY filed by William D. Martin re: #21 Motion to Dismiss for Failure to State a Claim. (tln)
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Filing 33
JOINT STATUS REPORT filed by City of Fort Worth, Jacqueline Craig, Brea Hymond, William D. Martin. (bdb)
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Filing 32
RESPONSE filed by Jacqueline Craig, Brea Hymond re: #21 Motion to Dismiss. (tln)
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Filing 31
Mail returned as undeliverable. #30 Order on Motion to Stay received back from Itamar Vardi as Forward Time Expired - Return to Sender. No address update from last filed document. The current document has not been re-mailed. (bdb)
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Filing 30
ORDER granting #24 MOTION to Stay Discovery. (Ordered by Judge John McBryde on 3/22/2018) (tln)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Thu Mar 22 14:11:18 CDT 2018 (crt)
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Filing 29
RESPONSE filed by Jacqueline Craig, Brea Hymond re: #24 MOTION to Stay Discovery. (tln)
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Filing 28
Mail returned as undeliverable. #25 Order Setting Deadline/Hearing received back from Itamar Vardi as Forward Time Expired; Rtn to Sender. No address update from last filed document. The current document has not been re-mailed. (edm)
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Filing 27
Mail returned as undeliverable. #23 Status Report Order received back from Itamar Vardi as Forward Time Expired; Rtn to Sender. No address update from last filed document. The current document has not been re-mailed. (edm)
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Filing 26
Certificate of Conference Regarding Motion #24 to Stay Discovery by Kenneth E East on behalf of William D. Martin. (edm)
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Filing 25
ORDER: Responses due by 4:00 p.m. on 3/20/2018 re: #24 MOTION to Stay Discovery. (Ordered by Judge John McBryde on 3/13/2018) (tln)
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Filing 24
MOTION to Stay Discovery filed by William D. Martin with Brief/Memorandum in Support. (tln)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:25. Tue Mar 13 13:52:05 CDT 2018 (crt)
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Filing 23
STATUS REPORT ORDER: Joint Status Report due by 4/11/2018. (Ordered by Judge John McBryde on 3/12/2018) (tln)
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Filing 22
CERTIFICATE OF INTERESTED PERSONS by William D. Martin. (tln)
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Filing 21
Motion to Dismiss for Failure to State a Claim filed by William D. Martin with Brief/Memorandum in Support. (tln)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Mon Mar 12 13:55:16 CDT 2018 (crt)
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Filing 20
Mail returned as undeliverable re #18 Order, received back from Itamar Vardi as Return to Sender; Forward Time Expired. No address update from last filed document. The current document has not been re-mailed. (tln)
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Filing 19
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by City of Fort Worth. (tln)
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Filing 18
ORDER denying #16 Motion to Appoint Counsel. (Ordered by Judge John McBryde on 3/1/2018) (tln)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Thu Mar 1 16:22:59 CST 2018 (crt)
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Filing 17
ANSWER to #1 Complaint, filed by City of Fort Worth. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (tln)
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Filing 16
MOTION to Appoint Counsel filed by Itamar Vardi. (tln)
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Filing 15
ANSWER to #1 Complaint, filed by Itamar Vardi. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (tln)
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Filing 14
SUMMONS Returned Executed as to City of Fort Worth; served on 2/6/2018; Itamar Vardi; served on 2/6/2018. (tln)
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Filing 13
WAIVER OF SERVICE Returned Executed as to William D. Martin. Waiver sent on 1/11/2018. (tln)
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Filing 12
CERTIFICATE OF INTERESTED PERSONS by Jacqueline Craig, Brea Hymond. (tln)
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Filing 11
Judge McBryde's paper original and copies pursuant to the standing order of #1 Complaint, filed by Jacqueline Craig, Brea Hymond. (tln)
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Filing 10
Order Unfiling #8 Cert. Of Interested Persons/Disclosure Statement, #9 Judge McBryde's paper original and copies of Complaint filed by Jacqueline Craig, Brea Hymond due to the following deficiency: All documents should be filed in traditional paper form, bearing the original signature of the filer. Also see the standing order docketed in this action on Dec. 22, 2017. (Ordered by Judge John McBryde on 1/5/2018) (mpw)
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Filing 9
***UNFILED PER #10 Order*** Judge McBryde's paper original and copies pursuant to the standing order of #1 Complaint, filed by Jacqueline Craig, Brea Hymond. (tln)
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Filing 8
***UNFILED PER #10 Order*** CERTIFICATE OF INTERESTED PERSONS by Jacqueline Craig, Brea Hymond. (tln)
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Filing 7
Civil Cover Sheet by Jacqueline Craig, Brea Hymond as to #1 Complaint. (tln)
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Filing 6
Order Unfiling #5 Supplemental Document filed by Jacqueline Craig, Brea Hymond due to the following deficiency: This case is not designated for electronic filing. All documents should be filed in traditional paper form, bearing the original signature of the filer. (Ordered by Judge John McBryde on 12/27/2017) (tln)
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Filing 5
***UNFILED PER #6 ORDER***Supplemental Document by Jacqueline Craig, Brea Hymond as to #1 Complaint, Civil Cover Sheet. (Merritt, Stacy Sylvester) Modified text on 12/27/2017 (tln).
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Filing 4
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 12/22/2017) (bdb)
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Filing 3
Summons Issued as to City of Fort Worth, William D. Martin, Itamar Vardi. (Attachments: #1 Summons Martin, #2 Summons Vardi) (bdb)
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Filing 2
New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb)
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Filing 1
COMPLAINT WITH JURY DEMAND against All Defendants filed by Brea Hymond, Jacqueline Craig. (Filing fee $400; Receipt number 0539-8882566) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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. (Merritt, Stacy Sylvester) Modified on 12/22/2017 (bdb).
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