Garcia v. City of Lubbock, Texas et al
| Raul Garcia |
| LVN Mann, Paul Cartwright, N. Ybarra, Lubbock County, Texas, Monica Lopez, Christopher Martinez, Kelly Rowe, Kristin Lefforge, Cleadon S. Bigham, Mark Ellison, Laura Maldonado, Dustin Hood, M. Monzingo, Christopher Mendez, City of Lubbock, Texas, Joshua Conklin, Wellpath, LLC, Natalie Ybarra, LVN Tajuana Mann and Wellpath LLC |
| 5:2020cv00053 |
| March 6, 2020 |
| U.S. District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Notice of Manual Filing of USB Flash Drive of footage from Appendix #52 . This will be maintained in the clerk's office. (bmh) |
Filing 102
ORDER of USCA as to #97 Notice of Appeal filed by Raul Garcia. It is ordered that Appellant's motion to file a corrected reply brief is GRANTED. (bdg)
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| Filing 101 Received letter from USCA FIFTH CIRCUIT. The court has granted an extension of time to and including April 6, 2022 for filing briefs. (bmh) |
| Filing 100 1 CD containing Sealed Documents for USCA5 21-11134 (related to #97 appeal) transmitted to Matt Matzner on disk only by hand delivery. (bmh) |
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Filing 99
ORDER of USCA as to #97 Notice of Appeal filed by Raul Garcia. IT IS ORDERED that the motion of appellees Lubbock County, Texas; Sheriff Kelly Rowe; Paul Cartwright; Christopher Martinez; Natalie Ybarra; Mike Monzingo; Dustin Hood; Laura Maldonado; Christopher Mendez; Cleadon Bigham; and Monica Lopez, to view and obtain sealed documents is GRANTED. (bmh)
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| Filing 98 Transcript Order Form: re #97 Notice of Appeal,,,, transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Hutchison, Susan) |
| Record on Appeal for USCA5 21-11134 (related to #97 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 3 Volume(s) or container(s) of exhibits, Sealed or ex parte electronic document number(s): 84,87,84-1 (circuit approval is required for access),. 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. (bmh) |
| USCA Case Number 21-11134 in USCA FIFTH CIRCUIT for #97 Notice of Appeal filed by Raul Garcia. (bmh) |
| Filing 97 NOTICE OF APPEAL as to #96 Order on Motion for Summary Judgment,,,,,,, #59 Order of Dismissal or Administrative Closure,,,, Terminate Motions,,, to the Fifth Circuit by Raul Garcia. Filing fee $505, receipt number 0539-12361177. 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. (Hutchison, Susan) |
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Filing 96
ORDER GRANTING CITY OF LUBBOCK'S AND LUBBOCK COUNTY'S RESPECTIVE MOTIONS FOR SUMMARY JUDGMENT: ORDER granting #78 Motion for Summary Judgment. ; granting #82 Motion for Summary Judgment. With respect to the City, the Court finds that Garcia has failed to raise a genuine dispute of material fact that (1) there was a constitutional violation; (2) the officers were deliberately indifferent; or (3) there was an official policy that resulted in a constitutional violation. As to the County, the Court finds that Garcia failed to raise a genuine dispute of material fact that (l) there was an official policy that resulted in a constitutional violation; (2) the detention officers were deliberately indifferent; (3) the officers were not adequately trained; or (4) the detention officers were aware of his medical condition prior to calling for emergency medical assistance. (Ordered by Judge James Wesley Hendrix on 10/6/2021) (bmh)
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Filing 95
ORDER RESETTING TRIAL: The Court, on its own initiative, resets this case for trial on a three-week civil docket beginning on November 8,2021. Additionally, the Court resets all pretrial deadlines to eight weeks later than the dates established by the scheduling order in order to potentially the save the parties time and effort preparing for rial. (Ordered by Judge James Wesley Hendrix on 8/13/2021) (bmh)
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| Filing 94 REPLY filed by Lubbock County, Texas re: #82 MOTION for Summary Judgment (Matzner, Matt) |
| Filing 93 REPLY filed by City of Lubbock, Texas re: #91 Response/Objection (Hartsell, Jeff) |
| Filing 92 Appendix in Support filed by Raul Garcia re #91 Response/Objection (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s)) (Hutchison, Susan) |
| Filing 91 RESPONSE AND OBJECTION filed by Raul Garcia re: #78 MOTION for Summary Judgment , #82 MOTION for Summary Judgment (Hutchison, Susan) |
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Filing 90
ORDER GRANTING IN PART PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINE TO RESPOND TO MOTIONS FOR SUMMARY JUDGMENT RE: #89 Motion. It is therefore ordered that Garcia respond to the City of Lubbock's Motion for Summary Judgment, Dkt. No. #78 , and Lubbock County, Texas's Motion for SummaryJudgment, Dkt. No. #82 , by June 11, 2021. Pursuant to the Northern District of Texas Local Rule 7.1(f), the City of Lubbock and Lubbock County "may file a reply brief within 14 days from the date the response is filed." (Ordered by Judge James Wesley Hendrix on 5/26/2021) (krr)
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| Filing 89 MOTION for Extension of Time to File Response/Reply to #83 Brief/Memorandum in Support of Motion, #79 Brief/Memorandum in Support of Motion, #78 MOTION for Summary Judgment , #82 MOTION for Summary Judgment filed by Raul Garcia (Attachments: #1 Proposed Order) (Hutchison, Susan) |
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Filing 88
ORDER GRANTING UNOPPOSED MOTION TO FILE JAIL SECURITY VIDEOS UNDER SEAL: ORDER granting #85 Unopposed Motion to File Jail Security Videos Under Seal. Thus, for the reasons stated in Lubbock County's Unopposed Motion to file Jail Security Videos Under Seal, the Court finds that Lubbock County's interest in ensuring security at the detention center outweighs the public's interest in having access to the security footage and grants the motion. Pursuant to this Order, the Clerk of Court shall file Exhibits C-16-21 in Lubbock County's Appendix to its Motion for Summary Judgment which Lubbock County manually filed with the Clerk on May 7,2021, Dkt. No. 87- under seal and shall not make these videos available for public inspection. (Ordered by Judge James Wesley Hendrix on 5/10/2021) (bmh)
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| Filing 86 Notice of Manual Filing of Exhibit by Lubbock County, Texas (Matzner, Matt) |
| Filing 85 MOTION Unopposed Motion and Brief of Defendant Lubbock County, Texas To File Jail Security Videos Under Seal filed by Lubbock County, Texas with Brief/Memorandum in Support. (Matzner, Matt) |
| Filing 83 Brief/Memorandum in Support filed by Lubbock County, Texas re #82 MOTION for Summary Judgment (Matzner, Matt) |
| Filing 82 MOTION for Summary Judgment filed by Lubbock County, Texas (Matzner, Matt) |
| Filing 81 Notice of Manual Filing of Exhibit by City of Lubbock, Texas re #80 Appendix in Support,, (Hartsell, Jeff) |
| Filing 80 Appendix in Support filed by City of Lubbock, Texas re #79 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s) Pages 1-80, #2 Exhibit(s) Pages 81-130, #3 Exhibit(s) Pages 131-191, #4 Exhibit(s) Pages 192-195, #5 Exhibit(s) Pages 196-199, #6 Exhibit(s) Pages 200-205, #7 Exhibit(s) Pages 206-208, #8 Exhibit(s) Pages 209-219, #9 Exhibit(s) Pages 220-299, #10 Exhibit(s) Pages 300-329, #11 Exhibit(s) Pages 330-360, #12 Exhibit(s) Pages 361-451, #13 Exhibit(s) Pages 452-453, #14 Exhibit(s) Pages 454-457) (Hartsell, Jeff) |
| Filing 79 Brief/Memorandum in Support filed by City of Lubbock, Texas re #78 MOTION for Summary Judgment (Hartsell, Jeff) |
| Filing 78 MOTION for Summary Judgment filed by City of Lubbock, Texas with Brief/Memorandum in Support. (Hartsell, Jeff) |
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Filing 77
ORDER GRANTING RAUL GARCIA'S UNOPPOSED MOTION TO SUBSTITUTE COUNSEL/ LAWFIRM: ORDER granting #76 Motion to Substitute Attorney. Susan E. Hutchison and Stanley Rafe Foreman remain as counsel of record for Garcia. The Court orders Hutchison and Foreman to update their business address and e-mail addresses in ECF. (Ordered by Judge James Wesley Hendrix on 4/2/2021) (bmh)
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| Filing 76 Unopposed MOTION to Substitute Attorney, LAWFIRM added attorney Susan E Hutchison. Motion filed by Raul Garcia (Attachments: #1 Proposed Order) (Hutchison, Susan) |
| Filing 75 Designation of Experts by City of Lubbock, Texas. (Hartsell, Jeff) |
| Filing 74 Designation of Experts by Lubbock County, Texas. (Matzner, Matt) |
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Filing 73
ORDER: Garcia's claims against WellPath, LLC only are dismissed with prejudice. Garcia and WellPath, LLC shall each bear thet own costs and attorney's fees. This dismissal does not affect Garcia's claims against the remaining defendants, City oflubbock, Texas and Lubbock County, Texas. Party Wellpath LLC terminated. (Ordered by Judge James Wesley Hendrix on 1/20/2021) (bmh)
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| Filing 72 Joint STIPULATION OF DISMISSAL WITH PREJUDICE BETWEEN GARCIA AND WELLPATH by Raul Garcia. (Hutchison, Susan) |
| Filing 71 Designation of Experts by Raul Garcia. (Hutchison, Susan) |
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Filing 70
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT TAJUANA MANN'S MOTION TO DISMISS: The Court grants #62 Mann's motion and dismisses Garcia's claim against her. (Ordered by Judge James Wesley Hendrix on 9/9/2020) (zzm)
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Filing 69
SCHEDULING ORDER: Jury Trial set for 9/13/2021 at 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. This case is set for trial on this Court's three-week civil trial docket. Joinder of Parties due by 10/09/2020. Initial Expert Designation and Report due by 12/28/2020. Amended Pleadings due by 1/15/2021. Responsive Expert Designation and Report due by 02/26/2021. Dispositive Motions due by 5/7/2021. Expert Objections due by 06/04/2021. Discovery due by 6/18/2021. Pretrial Disclosures and Objections due by 08/23/2021. Pretrial Order due by 8/23/2021. Pretrial Materials due by 8/30/2021. Witness List due by 8/23/2021. Exhibit List due by 8/23/2021. Exchange of Exhibits due by 08/30/2021. Deadline for mediation is on or before 7/13/2021. Pretrial conference to be set if necessary. (Ordered by Judge James Wesley Hendrix on 8/27/2020) (krr)
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| Filing 68 Joint STATUS REPORT filed by Raul Garcia. (Hutchison, Susan) |
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Filing 67
PROTECTIVE ORDER: Before the Court is the parties' Agreed Motion for Protective Order. Dkt. No. #66 . The Court added paragraphs 12 through 14, below, to address court filings that might include materials designated by the parties as confidential. Additionally, the Court has altered certain provisions for the sake of clarity. It is ordered that this Protective Order may be enforced by the sanctions set forth in Fed. R. Civ. P. 37(b) and any other sanctions as may be available to the Court, including the power to hold parties or other violators of this Protective Order in contempt. All other remedies available to any person injured by a violation of this Protective Order are fully reserved. (Ordered by Judge James Wesley Hendrix on 8/17/2020) (bmh)
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| Filing 66 Agreed MOTION for Protective Order filed by Dustin Hood, Lubbock County, Texas, Kelly Rowe with Brief/Memorandum in Support. (Matzner, Matt) |
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Filing 65
ORDER REQUIRING SCHEDULING CONFERENCEAND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party andany unrepresented party shall confer at a scheduling conference no later than 08/11/2020. The Joint Report, shall be filed on or before August 25, 2020. (Ordered by Judge James Wesley Hendrix on 7/28/2020) (bmh)
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| Filing 64 RESPONSE filed by Raul Garcia re: #62 MOTION to Dismiss Plaintiff's First Amended Complaint and Supporting Brief (Foreman, Stanley) |
| Filing 63 NOTICE of Joint Status Report Regarding Discovery filed by Dustin Hood, Lubbock County, Texas, Kelly Rowe (Matzner, Matt) |
| Filing 62 MOTION to Dismiss Plaintiff's First Amended Complaint and Supporting Brief filed by LVN Mann with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Amber Rochelle Pickett added to party LVN Mann(pty:dft) (Pickett, Amber) |
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Filing 61
ORDER: If the parties have not resolved their discovery disputes, they are ordered to file briefs describing their positions by July 13,2020. If the parties have resolved their discovery disputes, they shall jointly file a status report indicating that such disputes are no longer live by July 13,2020. Further, because Lubbock County agrees with Garcia that the filing of Garcia's First Amended Complaint renders its Motion to Dismiss, Dkt. No. #22 moot, the Court denies that motion. The Court denies the Motion for Partial Summary Judgment, Dkt. No. 50, which Mark Ellison and Joshua Conklin filed, as moot following the dismissal of Garcia's claims against those defendants (Ordered by Judge James Wesley Hendrix on 6/29/2020) (bmh)
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| Filing 60 SUMMONS Returned Executed as to LVN Mann ; served on 6/13/2020. (Hutchison, Susan) |
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Filing 59
MEMORANDUM OPINION AND ORDER DISMISSING CLAIMS UNDER RULE 12(b)(6) AND THE DOCTRINE OF QUALIFIED IMMUNITY: Garcia has failed to adequately state false-arrest claims or deliberate-indifference claims against the police officers, who are also entitled to qualified immunity, because his allegations are consistent with the officers' position that they arrested Garcia and transported him to jail because they believed Garcia was intoxicated. Thus, the Court grants the individuals motions to dismiss with prejudice, except that the Court grants Garcia leave to amend as to his deliberate-indifference claim against Ybarra and his failure-to-train claims against Rowe and Hood. This dismissal does not affect Garcias claims against the City of Lubbock, Lubbock County, or Wellpath, LLC. (Ordered by Judge James Wesley Hendrix on 6/26/2020) (bmh)
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Filing 58
ORDER CLARIFYING THE COURTS RULING ON DISCOVERY: The Court clarifies that summary-judgment motions need not be filed at this stage in the litigation. As described above, the Court has clarified its prior ruling with respect to the appropriate scope of discovery. Should the parties have further disputes regarding discovery, they are free to file motions and to request hearings, as appropriate. The Court expects to resolve the motions to dismiss and the officers assertion of qualified immunity in their Answer in the near future, and it will determine the scope of discovery at that time. (Ordered by Judge James Wesley Hendrix on 6/19/2020) (bmh)
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| Filing 57 Appendix in Support filed by Cleadon S. Bigham, Paul Cartwright, Dustin Hood, Monica Lopez, Lubbock County, Texas, Laura Maldonado, Christopher Martinez, Christopher Mendez, M. Monzingo, Kelly Rowe, Natalie Ybarra re #56 MOTION Seeking Guidance/Clarification on Whether Discovery can Proceed Immediately or Whether a Subsequent Order From the Court is Needed, and if Discovery May Proceed the Scope of It re #37 Order on Motion to Extend Time,,, (Matzner, Matt) |
| Filing 56 MOTION Seeking Guidance/Clarification on Whether Discovery can Proceed Immediately or Whether a Subsequent Order From the Court is Needed, and if Discovery May Proceed the Scope of It re #37 Order on Motion to Extend Time,,, filed by Cleadon S. Bigham, Paul Cartwright, Dustin Hood, Monica Lopez, Lubbock County, Texas, Laura Maldonado, Christopher Martinez, Christopher Mendez, M. Monzingo, Kelly Rowe, Natalie Ybarra with Brief/Memorandum in Support. (Matzner, Matt) |
| Filing 55 NOTICE OF MANUAL FILING of 1 CD by Joshua Conklin and Mark Ellison re #53 Notice of Manual Filing. (1 CD forwarded to chambers of Judge Hendrix) (zzm) |
| Filing 54 NOTICE of Attorney Appearance by Amber Rochelle Pickett on behalf of Wellpath LLC. (Filer confirms contact info in ECF is current.) (Pickett, Amber) |
| Filing 53 Notice of Manual Filing of Bates Number 14 by Joshua Conklin, Mark Ellison re #52 Appendix in Support, #50 MOTION for Partial Summary Judgment Based on Qualified Immunity (Wade, Camie) |
| Filing 52 Appendix in Support filed by Joshua Conklin, Mark Ellison re #50 MOTION for Partial Summary Judgment Based on Qualified Immunity (Wade, Camie) |
| Filing 51 Brief/Memorandum in Support filed by Joshua Conklin, Mark Ellison re #50 MOTION for Partial Summary Judgment Based on Qualified Immunity (Wade, Camie) |
| Filing 50 MOTION for Partial Summary Judgment Based on Qualified Immunity filed by Joshua Conklin, Mark Ellison (Wade, Camie) |
| Filing 49 REPLY filed by Monica Lopez re: #39 Motion to Dismiss for Failure to State a Claim (Matzner, Matt) |
| Filing 48 ANSWER to #33 Amended Complaint,,, filed by Wellpath LLC. 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. Attorney Nichol L Bunn added to party Wellpath LLC(pty:dft) (Bunn, Nichol) |
| Filing 47 RESPONSE filed by Raul Garcia re: #39 Motion to Dismiss for Failure to State a Claim (Hutchison, Susan) |
| Filing 46 REPLY filed by Cleadon S. Bigham, Paul Cartwright, Dustin Hood, Monica Lopez, Laura Maldonado, Christopher Martinez, Christopher Mendez, M. Monzingo, Kelly Rowe, Natalie Ybarra re: #23 Motion to Dismiss for Failure to State a Claim, #28 Motion to Dismiss for Failure to State a Claim, #39 Motion to Dismiss for Failure to State a Claim, #24 Motion to Dismiss for Failure to State a Claim (Matzner, Matt) |
| Filing 45 REPLY filed by Raul Garcia re: #37 Order on Motion to Extend Time,,, (Foreman, Stanley) |
| Filing 44 RESPONSE filed by Raul Garcia re: #22 Motion to Dismiss for Failure to State a Claim, #23 Motion to Dismiss for Failure to State a Claim, #28 Motion to Dismiss for Failure to State a Claim, #24 Motion to Dismiss for Failure to State a Claim (Foreman, Stanley) |
| Filing 43 SUMMONS Returned Executed as to Wellpath, LLC ; served on 5/8/2020. (Hutchison, Susan) |
| Filing 42 AMENDED ANSWER to #33 Amended Complaint,,, filed by City of Lubbock, Texas (Hartsell, Jeff) |
| Filing 41 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cleadon S. Bigham, Monica Lopez, Christopher Mendez. (Matzner, Matt) |
| Filing 40 ANSWER to #33 Amended Complaint,,, with Jury Demand filed by Cleadon S. Bigham, Paul Cartwright, Dustin Hood, Monica Lopez, Lubbock County, Texas, Laura Maldonado, Christopher Martinez, Christopher Mendez, M. Monzingo, Kelly Rowe, Natalie Ybarra. 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. (Matzner, Matt) |
| Filing 39 Motion to Dismiss for Failure to State a Claim filed by Monica Lopez with Brief/Memorandum in Support. Attorney Matt D Matzner added to party Monica Lopez(pty:dft) (Matzner, Matt) |
| Filing 38 AMENDED ANSWER to #33 Amended Complaint,,, filed by Joshua Conklin, Mark Ellison (Wade, Camie) |
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Filing 37
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART GARCIAS MOTION TO EXTEND DEADLINES AND FOR DISCOVERY: ORDER granting in part and denying in part #27 Motion to Extend Time. The Court grants Garcia an extension until May 18, 2020 to respond to the defendants pending Motions to Dismiss. Dkt. Nos. 22-24, 28. Moreover, the Court finds that Rule 7(a) replies to the defendants Answers are appropriate in this case under Fifth Circuit precedent and would be helpful to the Court, so the Court orders Garcia to file replies by May 22, 2020. Because the defendants who have appeared have agreed to a 90-day period of discovery limited to qualified immunity, the Court will permit such discovery to proceed while the defendants Motions to Dismiss are pending before the Court. (Ordered by Judge James Wesley Hendrix on 5/4/2020) (bmh)
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| Filing 36 NOTICE of Lubbock County Defendants' Position re: #34 Order Setting Deadline/Hearing, filed by Cleadon S. Bigham, Paul Cartwright, Dustin Hood, Lubbock County, Texas, Laura Maldonado, Christopher Martinez, Christopher Mendez, M. Monzingo, Kelly Rowe, Natalie Ybarra (Matzner, Matt) |
| Filing 35 Summons Issued as to Wellpath, LLC. (bmh) |
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Filing 34
ORDER: Accordingly, the defendants who have filed motions to dismiss are ordered to notify the Court as to whether they believe Garcias First Amended Complaint moots their motions and, if so, whether they expect to move to dismiss the First Amended Complaint. The notices shall be filed by April 30, 2020. (Ordered by Judge James Wesley Hendrix on 4/23/2020) (bmh)
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| Filing 33 AMENDED COMPLAINT WITH JURY DEMAND against Cleadon S. Bigham, Paul Cartwright, City of Lubbock, Texas, Joshua Conklin, Mark Ellison, Dustin Hood, Monica Lopez, Lubbock County, Texas, Laura Maldonado, LVN Mann, Christopher Martinez, Christopher Mendez, M. Monzingo, Kelly Rowe, Natalie Ybarra filed by Raul Garcia. Clerk to issue summons(es). 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. (Foreman, Stanley) |
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Filing 32
ORDER GRANTING NOTICE OF DISMISSAL AS TO DEFENDANT LEFFORGE: ORDER granting #31 Motion to Dismiss. All claims against all other parties remain. Party Kristin Lefforge terminated. (Ordered by Judge James Wesley Hendrix on 4/22/2020) (bmh)
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| Filing 31 MOTION to Dismiss as to Lefforge Only filed by Raul Garcia (Attachments: #1 Proposed Order) (Foreman, Stanley) |
| Filing 30 NOTICE of Assertion of Qualified Immunity and Limitation on Discovery filed by Cleadon S. Bigham, Paul Cartwright, Dustin Hood, Lubbock County, Texas, Laura Maldonado, Christopher Martinez, Christopher Mendez, M. Monzingo, Kelly Rowe, Natalie Ybarra (Matzner, Matt) |
| Filing 29 ANSWER to #1 Complaint,,,, with Jury Demand filed by Cleadon S. Bigham, Paul Cartwright, Dustin Hood, Lubbock County, Texas, Laura Maldonado, Christopher Martinez, Christopher Mendez, M. Monzingo, Kelly Rowe, Natalie Ybarra. 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. (Matzner, Matt) |
| Filing 28 Motion to Dismiss for Failure to State a Claim filed by Cleadon S. Bigham, Christopher Mendez with Brief/Memorandum in Support. Attorney Matt D Matzner added to party Cleadon S. Bigham(pty:dft), Attorney Matt D Matzner added to party Christopher Mendez(pty:dft) (Matzner, Matt) |
| Filing 27 MOTION to Extend Time deadline to respond to Defendants' motions to dismiss and to provide for discovery filed by Raul Garcia with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Foreman, Stanley) |
| Filing 26 Joint STIPULATION Regarding Deadline to Answer or Otherwise Respond to Plaintiffs Original Complaint by Kristin Lefforge. (Geary, Joel) |
| Filing 25 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Paul Cartwright, Dustin Hood, Lubbock County, Texas, Laura Maldonado, Christopher Martinez, M. Monzingo, Kelly Rowe, Natalie Ybarra. (Matzner, Matt) |
| Filing 24 Motion to Dismiss for Failure to State a Claim filed by Paul Cartwright, Laura Maldonado, Christopher Martinez, M. Monzingo, Natalie Ybarra with Brief/Memorandum in Support. Attorney Matt D Matzner added to party Paul Cartwright(pty:dft), Attorney Matt D Matzner added to party Laura Maldonado(pty:dft), Attorney Matt D Matzner added to party Christopher Martinez(pty:dft), Attorney Matt D Matzner added to party M. Monzingo(pty:dft), Attorney Matt D Matzner added to party Natalie Ybarra(pty:dft) (Matzner, Matt) |
| Filing 23 Motion to Dismiss for Failure to State a Claim filed by Dustin Hood, Kelly Rowe with Brief/Memorandum in Support. Attorney Matt D Matzner added to party Dustin Hood(pty:dft), Attorney Matt D Matzner added to party Kelly Rowe(pty:dft) (Matzner, Matt) |
| Filing 22 Motion to Dismiss for Failure to State a Claim filed by Lubbock County, Texas with Brief/Memorandum in Support. Attorney Matt D Matzner added to party Lubbock County, Texas(pty:dft) (Matzner, Matt) |
| Filing 21 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Joshua Conklin, Mark Ellison. (Wade, Camie) |
| Filing 20 ANSWER to #1 Complaint,,,, filed by Joshua Conklin, Mark Ellison. 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. Attorney Camie Wade added to party Joshua Conklin(pty:dft), Attorney Camie Wade added to party Mark Ellison(pty:dft) (Wade, Camie) |
| Filing 19 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by City of Lubbock, Texas. (Hartsell, Jeff) |
| Filing 18 ANSWER to #1 Complaint,,,, filed by City of Lubbock, Texas. 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. Attorney Jeff C Hartsell added to party City of Lubbock, Texas(pty:dft) (Hartsell, Jeff) |
| Filing 17 SUMMONS Returned Executed as to Natalie Ybarra ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 16 SUMMONS Returned Executed as to Kelly Rowe ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 15 SUMMONS Returned Executed as to M. Monzingo ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 14 SUMMONS Returned Executed as to Christopher Mendez ; served on 3/28/2020. (Hutchison, Susan) |
| Filing 13 SUMMONS Returned Executed as to Christopher Martinez ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 12 SUMMONS Returned Executed as to Laura Maldonado ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 11 SUMMONS Returned Executed as to Lubbock County, Texas ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 10 SUMMONS Returned Executed as to Kristin Lefforge ; served on 3/27/2020. (Hutchison, Susan) |
| Filing 9 SUMMONS Returned Executed as to Dustin Hood ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 8 SUMMONS Returned Executed as to Mark Ellison ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 7 SUMMONS Returned Executed as to Joshua Conklin ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 6 SUMMONS Returned Executed as to City of Lubbock, Texas ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 5 SUMMONS Returned Executed as to Paul Cartwright ; served on 3/12/2020. (Hutchison, Susan) |
| Filing 4 SUMMONS Returned Executed as to Cleadon S. Bigham ; served on 3/27/2020. (Hutchison, Susan) |
| Filing 3 Summons Issued as to All Defendants. (bmh) |
| Filing 2 New Case Notes: A filing fee has been paid. 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. (bmh) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Raul Garcia. (Filing fee $400; Receipt number 0539-10682767) 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. (Attachments: #1 Cover Sheet) (Foreman, Stanley) |
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