Garcia et al v. City of Aurora
| Gary Garcia, Jeremy Chad Pritchett and Garcia & Pritchett Partners, LLC doing business as Atomic Taco Cafe, LLC |
| City of Aurora |
| ADR Provider |
| 4:2022cv00379 |
| May 3, 2022 |
| US District Court for the Northern District of Texas |
| 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 June 24, 2022. A more recent docket listing may be available from PACER.
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Filing 21
ORDER...Before the Court are Plaintiffs Motion for Default Judgment (Default-Judgment Motion) (ECF No. #14 ) and Plaintiffs Unopposed Motion for Extension of Time to Respond to Defendants Motion to Dismiss (Extension Motion) (ECF No. #18 ). Because Defendant appeared in this matter before Plaintiffs sought a default judgment and because the law disfavors default judgments, Plaintiffs Default-Judgment Motion is DENIED. Having considered Plaintiffs Extension Motion, the Court GRANTS it. Accordingly, Plaintiffs response to Defendants Motion to Dismiss shall be filed no later than July 20, 2022. (Ordered by Judge Mark Pittman on 6/24/2022) (wxc)
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| Hearing Modification: Hearing terminated and reset per #20 Scheduling Order, Add and Terminate Parties,. This case is set for trial on this Courts four-week docket beginning Monday, June 26, 2023 in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Mark Pittman. (sre) |
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Filing 20
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning Monday, June 26, 2023. Joinder of Parties due by 10/21/2022., Amended Pleadings due by 10/21/2022., Deadline for mediation is on or before 11/28/2022., Discovery due by 1/26/2023., Pretrial Order due by 5/31/2023. Motions due by 2/27/2023.), ADR Provider, mediator Paul Stickney, added. (Ordered by Judge Mark Pittman on 6/23/2022) (sre)
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| Filing 19 Proposal for contents of scheduling and discovery order Agreed Joint Report by City of Aurora. (Jeffrey, James) |
| Filing 18 MOTION for Extension of Time to File Response/Reply to #13 MOTION to Dismiss filed by Gary Garcia, Garcia & Pritchett Partners, LLC, Jeremy Chad Pritchett (Kizzia, D) |
| Filing 17 RESPONSE filed by City of Aurora re: #14 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against City of Aurora (Attachments: #1 Exhibit(s) Appendix Supp Def Resp with Brief Opposing Motion for Default Judgment) (Jeffrey, James) |
| Filing 16 Clerk declines to enter Clerk's Entry of Default at this time as requested in #14 per DJ chambers (mmw) |
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Filing 15
ORDER: The Joint Report shall be filed on or before June 29, 2022. (Ordered by Judge Mark Pittman on 6/15/2022) (mmw)
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| Filing 14 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against City of Aurora filed by Jeremy Chad Pritchett, Gary Garcia, Garcia & Pritchett Partners, LLC (Kizzia, D) |
| Filing 13 MOTION to Dismiss filed by City of Aurora with Brief/Memorandum in Support. (Jeffrey, James) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by City of Aurora. (Clerk QC note: No affiliate entered in ECF). (Jeffrey, James) |
| Filing 11 NOTICE of INTENT TO FILE RESPONSE PURSUANT TO FED. R. CIV. P. 12 filed by City of Aurora (Jeffrey, James) |
| Filing 10 NOTICE of Attorney Appearance by James T Jeffrey, Jr on behalf of City of Aurora. (Filer confirms contact info in ECF is current.) (Jeffrey, James) |
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Filing 9
ORDER: The Court directs Plaintiffs to seek entry of default by the Clerk of this Court and to file a motion for default judgment on or before June 29, 2022. (Ordered by Judge Mark Pittman on 6/8/2022) (sre)
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| Filing 8 SUMMONS Returned Executed as to City of Aurora ; served on 5/17/2022. (Kizzia, D) |
| Filing 7 Summons Issued as to City of Aurora. (sre) |
| Filing 6 Request for Clerk to issue Summons filed by Gary Garcia. (Kizzia, D) |
| Filing 5 AMENDED DOCUMENT by Gary Garcia, Garcia & Pritchett Partners, LLC, Jeremy Chad Pritchett. Amendment to #1 Complaint,,,,, #4 Order Unfiling Pleading,. Signed Civil Cover Sheet. (Kizzia, D) |
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Filing 4
ORDER STRIKING AND UNFILING DOCUMENT due to the following deficiency: A Civil Cover Sheet ( #1 -1) has been filed by Plaintiffs and is considered deficient in the following areas: The signature of the attorney of record, which includes a party proceeding pro se, is required on each document filed. (Ordered by Judge Mark Pittman on 5/3/2022) (sre)
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| Filing 3 New Case Notes: A filing fee has been paid. File to: Judge Pittman. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (jgg) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by GARCIA & PRITCHETT PARTNERS, LLC d/b/a ATOMIC TACO CAF, LLC,, Gary Garcia, Jeremy Chad Pritchett. (Clerk QC note: No affiliate entered in ECF). (Kizzia, D) |
| Filing 1 ***CIVIL COVER SHEET UNFILED PER ORDER #4 *** COMPLAINT WITH JURY DEMAND against All Defendants filed by Jeremy Chad Pritchett, Gary Garcia, GARCIA & PRITCHETT PARTNERS, LLC d/b/a ATOMIC TACO CAF, LLC,. (Filing fee $402; Receipt number 0539-12797180) Summons(es) not requested at this time. 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 Civil Cover Sheet) (Kizzia, D) Modified on 5/3/2022 (sre). |
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