White v. The State of Texas et al
| Jacob White |
| The State of Texas, The City of Grapevine, Bruno Rumbelow, Jennifer Hibbs, Chris Smith, Leigh Kapsos, Chad Hetterley, Gracie Burckhard, Kevin Manning, Mike Hamlin, William Tate, Paul Slechta, Sharron Rogers, Leon Leal, Darlene Freed, Chris Coy, Duff O'Dell, Matthew Boyle, William Brandt, John Doe 1-20 (Civil Case 4:23-CV-925) and Jane Doe 1-20 (Civil Case 4:23-CV-925) |
| 4:2023cv00925 |
| September 7, 2023 |
| US District Court for the Northern District of Texas |
| Jeffrey L Cureton |
| Mark Pittman |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 63 RESPONSE AND OBJECTION filed by Jacob White re: #61 Findings and Recommendations on Motion re: #46 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction filed by The State of Texas, #41 Motion to Dismiss filed by The City of Grapevine, #38 Motion to Dismiss,,,,,, filed by Duff O'Del (White, Jacob) |
| Filing 62 First MOTION for Hearing filed by Jacob White with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (White, Jacob) |
Filing 61
FINDINGS, CONCLUSIONS, AND RECOMMENDATION REGARDING DEFENDANTS' MOTIONS TO DISMISS: It is hereby ORDERED that each party is granted until November 8, 2023, to serve and file written objections to the United States Magistrate Judge's proposed findings, conclusions, and recommendation. (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/25/2023) (mmw)
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Filing 60
ORDER STRIKING AND UNFILING DOCUMENTS: A Reply #58 - #59 has been filed by Plaintiff and is considered deficient. Plaintiff did not seek leave to file a sur-reply. (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/23/2023) (mmw)
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| Filing 59 ***STRICKEN and UNFILED per #60 ORDER*** REPLY filed by Jacob White re: #57 Reply (White, Jacob) Modified on 10/24/2023 (mmw). |
| Filing 58 ***STRICKEN and UNFILED per #60 ORDER*** REPLY filed by Jacob White re: #57 Reply (White, Jacob) Modified on 10/24/2023 (mmw). |
| Filing 57 REPLY filed by The State of Texas re: #49 Response/Objection (Corcoran, Joseph) |
| Filing 56 Brief/Memorandum in Support filed by Jacob White re #48 Proposed MOTION for Hearing re #31 Petition for Writ of Habeas Corpus,,, , #31 Petition for Writ of Habeas Corpus,,, (White, Jacob) |
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Filing 55
FINAL JUDGMENT: Pursuant to Federal Rule of Civil Procedure 58 and the Court's Order Adopting the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (ECF No. #54 ), the Court hereby ENTERS final judgment and DISMISSES Plaintiff's claims against Defendant William Brandt with prejudice. (Ordered by Judge Mark Pittman on 10/10/2023) (tjc)
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Filing 54
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court ADOPTS IN PART the reasoning in the FCR (ECF No. #42 ) and OVERRULES White's Objection (ECF No. #43 ). Accordingly, White's claims against Defendant Brandt are hereby DISMISSED with prejudice. (Ordered by Judge Mark Pittman on 10/10/2023) (tjc)
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| Filing 53 Brief/Memorandum in Support filed by Jacob White re #52 First MOTION for Summary Judgment On Count 90 (White, Jacob) |
| Filing 52 First MOTION for Summary Judgment On Count 90 filed by Jacob White (Attachments: #1 Proposed Order) (White, Jacob). |
| Filing 51 Brief/Memorandum in Support filed by Jacob White re #50 First MOTION for Summary Judgment On Count 84 (White, Jacob) |
| Filing 50 First MOTION for Summary Judgment On Count 84 filed by Jacob White (Attachments: #1 Proposed Order) (White, Jacob). |
| Filing 49 RESPONSE AND OBJECTION filed by Jacob White re: #46 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (White, Jacob) |
| Filing 48 Proposed MOTION for Hearing re #31 Petition for Writ of Habeas Corpus,,, filed by Jacob White with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (White, Jacob). |
| Filing 47 RESPONSE AND OBJECTION filed by Jacob White re: #41 MOTION to Dismiss 101.106 Motion to Dismiss, #38 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss (White, Jacob) |
| Filing 46 MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction () filed by The State of Texas with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Corcoran, Joseph). |
| Filing 45 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The State of Texas. (Clerk QC note: No affiliate entered in ECF). (Corcoran, Joseph) |
| Filing 44 NOTICE of Attorney Appearance by Joseph Peter Corcoran on behalf of The State of Texas. (Filer confirms contact info in ECF is current.) (Corcoran, Joseph) |
| Filing 43 RESPONSE AND OBJECTION filed by Jacob White re: #42 Findings of Fact & Conclusions of Law,,, (White, Jacob) |
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Filing 42
FINDINGS, CONCLUSIONS, AND RECOMMENDATION REGARDING DEFENDANT WILLIAM BRANDT'S MOTION TO DISMISS: Pending before the Court is Defendant William Brandt ("Judge Brandt")'s Motion to Dismiss ("Motion") [doc. 13]. The Court, having carefully considered the motion, response, reply, and all relevant applicable law, recommends that the Judge Brandt's Motion be GRANTED and that all claims against him be DISMISSED. Under 28 U.S.C. 636, it is hereby ORDERED that each party is granted until October 12, 2023, to serve and file written objections to the United States Magistrate Judge's proposed findings, conclusions and recommendation. It is further ORDERED that if objections are filed and the opposing party chooses to file a response, the response shall be filed within seven (7) days of the filing date of the objections. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/28/2023) (tjc).
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| Filing 41 MOTION to Dismiss 101.106 Motion to Dismiss filed by The City of Grapevine with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Montgomery, D). |
| Filing 40 DEMAND for Trial by Jury by Matthew Boyle, Gracie Burckhard, Chris Coy, Darlene Freed, Mike Hamlin, Chad Hetterley, Jennifer Hibbs, Leigh Kapsos, Leon Leal, Kevin Manning, Duff O'Dell, Sharron Rogers, Bruno Rumbelow, Paul Slechta, Chris Smith, William Tate, The City of Grapevine. (Montgomery, D) |
| Filing 39 Brief/Memorandum in Support filed by Matthew Boyle, Gracie Burckhard, Chris Coy, Darlene Freed, Mike Hamlin, Chad Hetterley, Jennifer Hibbs, Leigh Kapsos, Leon Leal, Kevin Manning, Duff O'Dell, Sharron Rogers, Bruno Rumbelow, Paul Slechta, Chris Smith, William Tate, The City of Grapevine re #38 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss (Montgomery, D) |
| Filing 38 MOTION to Dismiss Rule 12(b)(6) Motion to Dismiss filed by Matthew Boyle, Gracie Burckhard, Chris Coy, Darlene Freed, Mike Hamlin, Chad Hetterley, Jennifer Hibbs, Leigh Kapsos, Leon Leal, Kevin Manning, Duff O'Dell, Sharron Rogers, Bruno Rumbelow, Paul Slechta, Chris Smith, William Tate, The City of Grapevine with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney D Randall Montgomery added to party Matthew Boyle(pty:dft), Attorney D Randall Montgomery added to party Gracie Burckhard(pty:dft), Attorney D Randall Montgomery added to party Chris Coy(pty:dft), Attorney D Randall Montgomery added to party Darlene Freed(pty:dft), Attorney D Randall Montgomery added to party Mike Hamlin(pty:dft), Attorney D Randall Montgomery added to party Chad Hetterley(pty:dft), Attorney D Randall Montgomery added to party Jennifer Hibbs(pty:dft), Attorney D Randall Montgomery added to party Leigh Kapsos(pty:dft), Attorney D Randall Montgomery added to party Leon Leal(pty:dft), Attorney D Randall Montgomery added to party Kevin Manning(pty:dft), Attorney D Randall Montgomery added to party Duff O'Dell(pty:dft), Attorney D Randall Montgomery added to party Sharron Rogers(pty:dft), Attorney D Randall Montgomery added to party Bruno Rumbelow(pty:dft), Attorney D Randall Montgomery added to party Paul Slechta(pty:dft), Attorney D Randall Montgomery added to party Chris Smith(pty:dft), Attorney D Randall Montgomery added to party William Tate(pty:dft), Attorney D Randall Montgomery added to party The City of Grapevine(pty:dft) (Montgomery, D). |
| Filing 37 NOTICE of Challenge To State Law re: #1 Complaint,, filed by Jacob White (White, Jacob) |
| Filing 36 SUMMONS Returned Executed as to Gracie Burckhard ; served on 9/23/2023. (White, Jacob) |
| Filing 35 SUMMONS Returned Executed as to Chad Hetterley ; served on 9/22/2023. (White, Jacob) |
| Filing 34 SUMMONS Returned Executed as to Sharron Rogers ; served on 9/19/2023. (White, Jacob) |
| Filing 33 SUMMONS Returned Executed as to William Tate ; served on 9/19/2023. (White, Jacob) |
| Filing 32 SUMMONS Returned Executed as to Leon Leal ; served on 9/19/2023. (White, Jacob) |
| Filing 31 PETITION for Writ of Habeas Corpus filed by Jacob White. 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. (Filing fee $5; receipt number BTXNDC-14055048) 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. (White, Jacob) |
| Filing 30 Appendix in Support filed by Jacob White re #19 Response/Objection (White, Jacob) |
| Filing 29 REPLY filed by William Brandt re: #13 MOTION to Dismiss (Ogle, Melvin) |
| Filing 28 SUMMONS Returned Executed as to Kevin Manning ; served on 9/22/2023. (White, Jacob) |
| Filing 27 SUMMONS Returned Executed as to Matthew Boyle ; served on 9/19/2023. (White, Jacob) |
| Filing 26 SUMMONS Returned Executed as to Chris Coy ; served on 9/19/2023. (White, Jacob) |
| Filing 25 SUMMONS Returned Executed as to Darlene Freed ; served on 9/20/2023. (White, Jacob) |
| Filing 24 SUMMONS Returned Executed as to Duff O'Dell ; served on 9/19/2023. (White, Jacob) |
| Filing 23 SUMMONS Returned Executed as to Paul Slechta ; served on 9/20/2023. (White, Jacob) |
| Filing 22 SUMMONS Returned Executed as to Chris Smith ; served on 9/19/2023. (White, Jacob) |
| Filing 21 SUMMONS Returned Executed as to Bruno Rumbelow ; served on 9/19/2023. (White, Jacob) |
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Filing 20
Order Unfiling #16 , #17 , #18 due to the following deficiency: Plaintiff filed four (4) Response and Objections (docs. 16-9] to a Motion to Dismiss [doc. #13 ]. Because Plaintiff is Pro Se and the last,response (doc. 19) seems to be the most complete, the Court will take it as the Response. As such, the first three (docs. 16-8] are duplicative and should be struck. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/19/2023) (wxc)
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| Filing 19 RESPONSE AND OBJECTION filed by Jacob White re: #13 MOTION to Dismiss (White, Jacob) |
| Filing 18 ***UNFILED PER ORDER #20 *** RESPONSE AND OBJECTION filed by Jacob White re: #13 MOTION to Dismiss (White, Jacob) Modified on 9/19/2023 (wxc). |
| Filing 17 ***UNFILED PER ORDER #20 *** RESPONSE AND OBJECTION filed by Jacob White re: #13 MOTION to Dismiss (White, Jacob) Modified on 9/19/2023 (wxc). |
| Filing 16 ***UNFILED PER ORDER #20 *** RESPONSE AND OBJECTION filed by Jacob White re: #13 MOTION to Dismiss (White, Jacob) Modified on 9/19/2023 (wxc). |
| Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by William Brandt. (Clerk QC note: No affiliate entered in ECF). (Ogle, Melvin) |
| Filing 14 Appendix in Support filed by William Brandt re #13 MOTION to Dismiss (Attachments: #1 Exhibit(s)) (Ogle, Melvin) |
| Filing 13 MOTION to Dismiss filed by William Brandt with Brief/Memorandum in Support. Attorney Melvin Keith Ogle added to party William Brandt(pty:dft) (Ogle, Melvin). |
| Filing 12 SUMMONS Returned Executed as to Leigh Kapsos ; served on 9/13/2023. (White, Jacob) |
| Filing 11 SUMMONS Returned Executed as to The State of Texas ; served on 9/12/2023. (White, Jacob) |
| Filing 10 SUMMONS Returned Unexecuted as to Kevin Manning. (White, Jacob) |
| Filing 9 SUMMONS Returned Executed as to Mike Hamlin ; served on 9/8/2023. (White, Jacob) |
| Filing 8 SUMMONS Returned Executed as to William Brandt ; served on 9/8/2023. (White, Jacob) |
| Filing 7 SUMMONS Returned Executed as to Jennifer Hibbs ; served on 9/8/2023. (White, Jacob) |
| Filing 6 SUMMONS Returned Executed as to The City of Grapevine ; served on 9/8/2023. (White, Jacob) |
| Filing 5 Notice and Instruction to Pro Se Party (wxc) |
| Filing 4 New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Cureton preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (wxc) |
| Filing 3 Summons Issued as to Matthew Boyle, William Brandt, Gracie Burckhard, Chris Coy, Darlene Freed, Mike Hamlin, Chad Hetterley, Jennifer Hibbs, Leigh Kapsos, Leon Leal, Kevin Manning, Duff O'Dell, Sharron Rogers, Bruno Rumbelow, Paul Slechta, Chris Smith, William Tate, The City of Grapevine, The State of Texas. (wxc) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS filed by Jacob White. (Clerk QC note: No affiliate entered in ECF). (wxc) |
| Filing 1 COMPLAINT against All Defendants filed by Jacob White. (Filing fee $402.00; Receipt number 400001957) 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. (wxc) |
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