Holloway v. City of Fort Worth, Texas et al
| Tawayne Holloway |
| City of Fort Worth Texas and Mitchell J. Miller |
| 4:2024cv00094 |
| January 29, 2024 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Hal R Ray |
| 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 March 14, 2024. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:67. Thu Mar 14 13:13:32 CDT 2024 (crt) |
Filing 67
ORDER:On March 12, 2024, the parties in this lawsuit filed a Joint Notice of Settlement (ECF No. #66 ). The parties are therefore ORDERED to file the appropriate dismissal papers-a stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) or an agreed motion with corresponding proposed order-with the Clerk's Office by April 12, 2024. All deadlines with respect to the claims of the parties are stayed until further order of the Court, and the hearing set for Tuesday, March 19, 2024 is CANCELED. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/13/2024) (saw)
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| Filing 66 Joint STATUS REPORT Regarding Proposed Settlement filed by Tawayne Holloway. (Perry, Abrielle) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:65. Tue Mar 12 13:40:20 CDT 2024 (crt) |
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Filing 65
ORDER: Before the Court is Plaintiff's Opposed Motion to Compel Payment to Plaintiff's Experts. ECF No. #63 . The Court SETS the Motion for a Hearing, on March 19, 2024, at 10:30 a.m., by telephone. Counsel shall file a joint status report on or before March 18, 2024 at noon. Additionally, by March 18, 2024 at noon, Defendants shall file a response to the Motion that addresses only the issues that are unresolved. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/11/2024) (saw)
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| Filing 64 REPLY filed by Tawayne Holloway re: #47 MOTION for Partial Summary Judgment (Perry, Abrielle) |
| Filing 63 MOTION to Compel Payment to Plaintiff's Experts filed by Tawayne Holloway (Attachments: #1 Proposed Order, #2 Exhibit(s) A-I) (Perry, Abrielle) |
| Filing 62 Brief/Memorandum in Support filed by City of Fort Worth Texas re #61 Response/Objection Plaintiff's Motion for Partial Summary Judgment (Hicks, Destiney-Ariel) |
| Filing 61 RESPONSE filed by City of Fort Worth Texas re: #47 MOTION for Partial Summary Judgment (Hicks, Destiney-Ariel) |
| Filing 60 MOTION To File Sur-Reply to Plaintiff's Reply to Defendant's Response to Plaintiff's Motion to Exclude Expert Testimony filed by City of Fort Worth Texas (Hicks, Destiney-Ariel) |
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Filing 58
ORDER: Before the Court is Plaintiff's Amended Unopposed Motion to Set Aside Mediation Order. ECF No. #57 . The Court wishes to provide the parties every opportunity to settle the case before trial. Mediation is one such opportunity. Accordingly, the Motion is DENIED. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/21/2024) (saw)
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| Filing 57 MOTION Set Aside Mediation re #56 MOTION Set Aside Mediation filed by Tawayne Holloway (Attachments: #1 Proposed Order) (Perry, Abrielle) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:58. Wed Feb 21 16:01:25 CST 2024 (crt) |
| Filing 56 ***PLEASE DISREGARD, SEE DOCUMENT #57 *** MOTION Set Aside Mediation filed by Tawayne Holloway (Attachments: #1 Proposed Order) (Perry, Abrielle) Modified on 2/21/2024 (saw). |
| Filing 59 Received USB drive re: #49 Appendix in Support filed by Tawayne Holloway. Item placed on shelf in Clerk's office file room under separate cover. (saw) |
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Filing 55
ORDER: Before the Court is Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant City of Fort Worth, Texas' Motion for Summary Judgment. ECF No. #54 . The Court GRANTS the Motion. It is therefore ORDERED that the deadline for plaintiff Tawayne Holloway to respond to Defendant City of Fort Worth, Texas' Motion for Summary Judgment (ECF No. #41 ) is April 1, 2024. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/14/2024) (saw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:55. Wed Feb 14 10:22:05 CST 2024 (crt) |
| Filing 54 MOTION for Extension of Time to File Response/Reply to #43 Appendix in Support, #42 Brief/Memorandum in Support of Motion, #41 MOTION for Summary Judgment filed by Tawayne Holloway with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kingaard, Jennifer) |
| Filing 53 Amended Brief in Support of City of Fort Worth's Motion for Summary Judgment filed by City of Fort Worth Texas re #41 MOTION for Summary Judgment (saw) |
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Filing 52
ORDER: The Court GRANTS the Motion (ECF No. #50 ).The Clerk SHALL FILE the Amended Brief in Support of City of Fort Worth's Motion for Summary Judgment, previously filed as ECF No. #50 -1. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/13/2024) (saw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:52. Tue Feb 13 13:46:57 CST 2024 (crt) |
| Filing 51 Brief/Memorandum in Support filed by City of Fort Worth Texas re #42 Brief/Memorandum in Support of Motion, #41 MOTION for Summary Judgment (Hicks, Destiney-Ariel) |
| Filing 50 MOTION for Leave to File Amended Brief in Support of Motion for Summary Judgment filed by City of Fort Worth Texas (Attachments: #1 Exhibit(s) Motion for Amend to Amend Brief) (Hicks, Destiney-Ariel) |
| Filing 49 Appendix in Support filed by Tawayne Holloway re #47 MOTION for Partial Summary Judgment (Perry, Abrielle) |
| Filing 48 Brief/Memorandum in Support filed by Tawayne Holloway re #47 MOTION for Partial Summary Judgment (Perry, Abrielle) |
| Filing 47 MOTION for Partial Summary Judgment filed by Tawayne Holloway with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Perry, Abrielle) |
| Filing 46 Appendix in Support filed by Tawayne Holloway re #45 Reply (Perry, Abrielle) |
| Filing 45 REPLY filed by Tawayne Holloway re: #29 OPPOSED MOTION Grant Motion to Exclude Certain Opinions of Defendant's Expert Daniel Busken (Perry, Abrielle) |
| Filing 44 Received a CD disc titled "CFW Apx. 0101". Item placed on shelf in the Clerk's file room under separate cover. (saw) |
| Filing 43 Appendix in Support filed by City of Fort Worth Texas re #41 MOTION for Summary Judgment (Hicks, Destiney-Ariel) |
| Filing 42 Brief/Memorandum in Support filed by City of Fort Worth Texas re #41 MOTION for Summary Judgment (Hicks, Destiney-Ariel) |
| Filing 41 MOTION for Summary Judgment filed by City of Fort Worth Texas (Hicks, Destiney-Ariel) |
| Filing 40 Administrative Record consisting of Letter to Court re Mediator filed by City of Fort Worth Texas. (Hicks, Destiney-Ariel) |
| Filing 39 Agreed Joint Submission on Discovery Matters Protective Order by City of Fort Worth Texas. (Hicks, Destiney-Ariel) |
| Filing 38 Appendix in Support filed by City of Fort Worth Texas re #37 Response/Objection PLAINTIFFS MOTION TO EXCLUDE CERTAIN OPINIONS OF DEFENDANTS EXPERT DANIEL BUSKEN (Qualls, Carl) |
| Filing 37 RESPONSE filed by City of Fort Worth Texas re: #29 OPPOSED MOTION Grant Motion to Exclude Certain Opinions of Defendant's Expert Daniel Busken (Qualls, Carl) |
| Filing 36 Notice and Instruction to Pro Se Party (saw) |
| Filing 35 NOTICE of Attorney Appearance by Carl Ray Qualls, III for Destiney-Ariel Hicks on behalf of City of Fort Worth Texas. (Qualls, Carl) |
| Filing 34 New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Ray preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: Judge O Connor. 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. (saw) |
| Filing 33 Case electronically transferred in from District of Texas Eastern; Case Number 4:23-cv-00487. 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 32 Interdistrict transfer to the Northern District of Texas Fort Worth Division. (baf, ) [Transferred from Texas Eastern on 1/29/2024.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Mon Jan 29 15:09:01 CST 2024 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34, 36. Mon Jan 29 15:05:03 CST 2024 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34, 36. Mon Jan 29 14:57:27 CST 2024 (crt) |
| Filing 31 THIRD NOTICE of Discovery Disclosure by Tawayne Holloway (Perry, Abrielle) [Transferred from Texas Eastern on 1/29/2024.] |
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Filing 30
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that the Defendant City of Fort Worth's Motion to Transfer Venue (Dkt. #14 ) is hereby GRANTED. It is further ORDERED that this case is TRANSFERRED to the Fort Worth Division of the United States District Court for the Northern District of Texas. Signed by District Judge Amos L. Mazzant, III on 1/9/2024. (baf, ) [Transferred from Texas Eastern on 1/29/2024.]
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| Filing 29 OPPOSED MOTION Grant Motion to Exclude Certain Opinions of Defendant's Expert Daniel Busken by Tawayne Holloway. (Attachments: #1 Exhibit Defendant Expert's Report, #2 Proposed Order)(Perry, Abrielle) [Transferred from Texas Eastern on 1/29/2024.] |
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Filing 28
PROTECTIVE ORDER FOR ITEMS FROM LEXIPOL, LLC. Signed by District Judge Amos L. Mazzant, III on 12/19/2023. (jmb, ) [Transferred from Texas Eastern on 1/29/2024.]
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| Filing 27 AGREED MOTION for Protective Order by Tawayne Holloway. (Attachments: #1 Proposed Order)(Perry, Abrielle) (Attachment 1 replaced on 11/20/2023) (baf, ). [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 26 NOTICE of Discovery Disclosure by Tawayne Holloway (and Expert Designations) (Malone, Thomas) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 25 NOTICE of Attorney Appearance by Carl Ray Qualls, III on behalf of City of Fort Worth, Texas (Qualls, Carl) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 24 NOTICE of Attorney Appearance by Angelika Anderson on behalf of All Plaintiffs (Anderson, Angelika) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 23 NOTICE of Attorney Appearance by Abrielle Jordan Perry on behalf of Tawayne Holloway (Perry, Abrielle) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 22 NOTICE of Discovery Disclosure by Tawayne Holloway (Amended Initial Disclosures) (Malone, Thomas) [Transferred from Texas Eastern on 1/29/2024.] |
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Filing 21
SCHEDULING ORDER: Final Pretrial Conference SET for 8/1/2024 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Joinder of Parties due by 10/2/2023. Expert Witness List due by 10/30/2023. Plaintiff's Amended Pleadings due by 11/13/2023. Defendant's Amended Pleadings due 11/27/2023. Discovery due by 2/5/2024. Designation of Mediator due by 2/9/2024. Motions due by 2/12/2024. Mediation Completion due by 3/22/2024. Proposed Pretrial Order due by 7/2/2024. Motions due by 2/12/2024. Signed by District Judge Amos L. Mazzant, III on 09/06/2023. (jmb) [Transferred from Texas Eastern on 1/29/2024.]
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| The Court hereby CANCELS the August 21, 2023 Scheduling Conference; the Court will enter a Scheduling Order. (No attachment) (tls) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Payne, Alexandra) (Additional attachment(s) added on 8/7/2023: #1 Proposed Order) (baf, ). [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 19 NOTICE of Discovery Disclosure by Tawayne Holloway (Payne, Alexandra) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 18 SUR-REPLY to Reply to Response to Motion re #14 MOTION to Change Venue filed by Tawayne Holloway. (Kingaard, Jennifer) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 17 RESPONSE in Support re #14 MOTION to Change Venue filed by City of Fort Worth, Texas. (Attachments: #1 Exhibit, #2 Exhibit)(Winter, Lynn) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 16 RESPONSE in Opposition re #14 MOTION to Change Venue filed by Tawayne Holloway. (Attachments: #1 Affidavit/Declaration Affidavit of T. Dean Malone in Support of Plaintiff's Response to Defendant City of Fort Worth's Motion to Transfer Venue, #2 Exhibit Exhibits A & B to Affidavit of T. Dean Malone, #3 Proposed Order Proposed Order Denying Defendant City of Fort Worth's Motion to Transfer Venue)(Kingaard, Jennifer) [Transferred from Texas Eastern on 1/29/2024.] |
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Filing 15
ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 8/21/2023 at 4:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Rule 26 Meeting Joint Report due by 8/4/2023. Signed by District Judge Amos L. Mazzant, III on 6/30/2023. (baf, ) [Transferred from Texas Eastern on 1/29/2024.]
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| Filing 14 MOTION to Change Venue by City of Fort Worth, Texas. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Winter, Lynn) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 13 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***Additional Attachments to Main Document: #12 MOTION to Change Venue .. (Winter, Lynn) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 12 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Change Venue by City of Fort Worth, Texas. (Winter, Lynn) Modified on 6/27/2023 (baf, ). [Transferred from Texas Eastern on 1/29/2024.] |
| NOTICE of Deficiency regarding the AMENDED COMPLAINT submitted DOCUMENT #10 - THE EXHIBITS ARE WTIHIN THE MAIN DOCUMENT AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, ) [Transferred from Texas Eastern on 1/29/2024.] |
| NOTICE of Deficiency regarding the MOTION TO CHANGE VENUE submitted DOCUMENT #12 AND #13 - THE EXHIBITS WERE FILED IN AN APPENDIX SEPARATELY AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, ) [Transferred from Texas Eastern on 1/29/2024.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 11 Original ANSWER to #1 Complaint by City of Fort Worth, Texas.(Winter, Lynn) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 10 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Change Venue by City of Fort Worth, Texas. (Winter, Lynn) Modified on 6/27/2023 (baf, ). [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 9 ANSWER to #1 Complaint by Mitchell J. Miller.(rpc, ) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 8 Non-prisoner pro se consent to receive electronic notice filed by Mitchell J. Miller. (rpc, ) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 7 SUMMONS Returned Executed by Tawayne Holloway. Mitchell J. Miller served on 6/1/2023, answer due 6/22/2023. (Homyk, Kristen) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 6 AFFIDAVIT of Service for Summons in a Civil Action; Plaintiff's Original Complaint served on City of Fort Worth, Texas, c/o David Cooke on 06/05/2023, filed by Tawayne Holloway. (Homyk, Kristen) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 5 SUMMONS Issued as to City of Fort Worth, Texas. (baf, ) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 4 SUMMONS Issued as to Mitchell J. Miller. (baf, ) [Transferred from Texas Eastern on 1/29/2024.] |
| Case Assigned to District Judge Amos L. Mazzant, III. (las, ) [Transferred from Texas Eastern on 1/29/2024.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 3 NOTICE of Attorney Appearance by Jennifer Kingaard on behalf of Tawayne Holloway (Kingaard, Jennifer) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 2 NOTICE of Attorney Appearance by Alexandra W. Payne on behalf of Tawayne Holloway (Payne, Alexandra) [Transferred from Texas Eastern on 1/29/2024.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9520147.), filed by Tawayne Holloway. (Attachments: #1 Civil Cover Sheet)(Malone, Thomas) [Transferred from Texas Eastern on 1/29/2024.] |
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