State of Oklahoma et al v. Tellez et al
Plaintiff: State of Oklahoma, John M O'Connor and Steve Kunzweiler
Defendant: Heriberto Tellez, Collete S Peters, S R Grant and Federal Bureau of Prisons
Case Number: 7:2022cv00108
Filed: October 25, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: Reed C O'Connor
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2022 Opinion or Order Filing 29 FINAL JUDGMENT This Judgment is issued pursuant to Fed. R. Civ. P. 58(a). This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered, It is ORDERED, ADJUDGED, and DECREED that: 1. This case is DISMISSED for lack of subject matter jurisdiction. 2. The taxable costs of court, as calculated by the clerk of court, shall be borne by the party incurring the same. (Ordered by Judge Reed C. O'Connor on 12/16/2022) (jgg)
December 13, 2022 Opinion or Order Filing 28 ORDER denying #2 ...For the reasons stated, the Court DENIES Plaintiffs motion for a preliminary injunction (ECF No. #2 ) and DISMISSES this case for lack of jurisdiction. (Ordered by Judge Reed C. O'Connor on 12/13/2022) (wxc)
December 13, 2022 Opinion or Order Civil Case Terminated per Order #28 . (wxc)
December 2, 2022 Opinion or Order Filing 27 Supplemental Document by Steve Kunzweiler, John M O'Connor, State of Oklahoma as to #23 Memorandum Opinion and Order,, #2 MOTION for Temporary Restraining Order/Preliminary InjunctionMOTION for Writ of Habeas Corpus Prosequendum . (Cleveland, Bryan)
December 2, 2022 Opinion or Order Filing 26 Supplemental Document by Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez as to #23 Memorandum Opinion and Order,, #2 MOTION for Temporary Restraining Order/Preliminary InjunctionMOTION for Writ of Habeas Corpus Prosequendum . (DeMott, Joseph)
November 23, 2022 Opinion or Order Filing 25 ORDER: Motion Hearing set for 12/22/2022 10:30 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. re: #10 MOTION to Transfer Case out of District/Division and #24 MOTION to Expedite (Ordered by Judge Reed C. O'Connor on 11/23/2022) (chmb)
November 22, 2022 Opinion or Order Filing 24 MOTION to Expedite filed by Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez with Brief/Memorandum in Support. (DeMott, Joseph)
November 17, 2022 Opinion or Order Filing 23 OPINION & ORDER ON PLAINTIFFS MOTION FOR WRIT OF HABEAS CORPUS OR, IN THE ALTERNATIVE, MOTION FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION... The latter conclusion necessitates additional briefing from the parties. Accordingly, the Court DISMISSES Count I of Plaintiffs Complaint and DEFERS ruling on Plaintiffs motion for a temporary restraining order/preliminary injunction on the ultra vires claim (ECF No. #2 ). The Court further ORDERS the parties to file cross-briefing on the issues identified above no later than December 2, 2022. (Ordered by Judge Reed C. O'Connor on 11/17/2022) (wxc) (Main Document 23 replaced on 11/29/2022) (twd).
November 3, 2022 Opinion or Order Filing 22 REPLY filed by Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez re: #10 MOTION to Transfer Case out of District/Division (Gaffney, Michael)
November 3, 2022 Opinion or Order Filing 21 NOTICE of Briefing Schedule re: #10 MOTION to Transfer Case out of District/Division filed by Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez (DeMott, Joseph)
November 2, 2022 Opinion or Order Filing 20 RESPONSE AND OBJECTION filed by Steve Kunzweiler, John M O'Connor, State of Oklahoma re: #10 MOTION to Transfer Case out of District/Division (Sullivan, John)
November 2, 2022 Opinion or Order Filing 19 REPLY filed by Steve Kunzweiler, John M O'Connor, State of Oklahoma re: #2 MOTION for Temporary Restraining Order/Preliminary InjunctionMOTION for Writ of Habeas Corpus Prosequendum (Sullivan, John)
October 31, 2022 Opinion or Order Filing 18 ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Will Flanagan. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 10/31/2022) (chmb)
October 31, 2022 Opinion or Order Filing 17 ELECTRONIC ORDER granting #15 Application for Admission Pro Hac Vice of Bryan Cleveland. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 10/31/2022) (chmb)
October 31, 2022 Opinion or Order Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13265659) filed by Steve Kunzweiler, John M O'Connor, State of Oklahoma (Attachments: #1 Certificate of Good Standing)Attorney William Flanagan added to party Steve Kunzweiler(pty:pla), Attorney William Flanagan added to party John M O'Connor(pty:pla), Attorney William Flanagan added to party State of Oklahoma(pty:pla) (Flanagan, William)
October 31, 2022 Opinion or Order Filing 15 Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Steve Kunzweiler, John M O'Connor, State of Oklahoma (Attachments: #1 Certificate of Good Standing) (Cleveland, Bryan)
October 31, 2022 Opinion or Order Filing 14 NOTICE of Attorney Appearance by Brian C. Rosen-Shaud on behalf of Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez. (Filer confirms contact info in ECF is current.) (Rosen-Shaud, Brian)
October 31, 2022 Opinion or Order Filing 13 NOTICE of Attorney Appearance by Michael James Gaffney on behalf of Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez. (Filer confirms contact info in ECF is current.) (Gaffney, Michael)
October 30, 2022 Opinion or Order Filing 12 NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian)
October 30, 2022 Opinion or Order Filing 11 RESPONSE filed by Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez re: #2 MOTION for Temporary Restraining Order/Preliminary InjunctionMOTION for Writ of Habeas Corpus Prosequendum (DeMott, Joseph)
October 30, 2022 Opinion or Order Filing 10 MOTION to Transfer Case out of District/Division filed by Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez with Brief/Memorandum in Support. (DeMott, Joseph)
October 30, 2022 Opinion or Order Filing 9 NOTICE of Attorney Appearance by Joseph John DeMott on behalf of Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez. (Filer confirms contact info in ECF is current.) (DeMott, Joseph)
October 26, 2022 Opinion or Order Filing 8 NOTICE of Service of Court Order to Defendants re: #7 Order Setting Deadline/Hearing,,,, Terminate Motions,,, filed by Steve Kunzweiler, John M O'Connor, State of Oklahoma (Sullivan, John)
October 25, 2022 Opinion or Order Filing 7 ORDER: Before the Court is Plaintiffs' Motion for a Writ of Habeas Corpus or, in the Alternative, a Temporary Restraining Order/Preliminary Injunction (ECF No. #2 ) and Plaintiffs' Motion to Expedite Briefing on Pending Motion for Writ of Habeas Corpus or, in the Alternative, a Temporary Restraining Order/Preliminary Injunction (ECF No. #4 ), filed simultaneously on October 25, 2022. Plaintiffs' Motion to Expedite Briefing (ECF No. #4 ) is GRANTED and Defendants are ORDERED to respond by October 30, 2022. Plaintiffs may reply no later than November 2, 2022. Plaintiffs shall provide a copy of this Order to Defendants as soon as practical, but no later than 5:00pm on October 26, 2022. After doing so, Plaintiffs shall file a notice on the docket of this case indicating they served Defendants and how they did so. (Ordered by Judge Reed C. O'Connor on 10/25/2022) (sre) Modified on 10/26/2022 (sre).
October 25, 2022 Opinion or Order Filing 6 Summons issued as to Federal Bureau of Prisons, S R Grant, Collete S Peters, Heriberto Tellez, U.S. Attorney, and U.S. Attorney General. (wxc)
October 25, 2022 Opinion or Order Filing 5 New Case Notes: A filing fee has been paid. 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. (wxc)
October 25, 2022 Opinion or Order Filing 4 MOTION to Expedite Briefing on Pending MOTION for Writ of Habeas Corpus or, in the alternative, a MOTION for Temporary Restraining Order/Preliminary Injunction filed by Steve Kunzweiler, John M. O'Connor, Oklahoma (Sullivan, John) Docket text modified on 10/25/2022 (twd).
October 25, 2022 Opinion or Order Filing 3 Brief/Memorandum in Support filed by Steve Kunzweiler, John M. O'Connor, Oklahoma re #2 Emergency MOTION for Injunction or Writ of Habeas Corpus (Sullivan, John)
October 25, 2022 Opinion or Order Filing 2 MOTION for Writ of Habeas Corpus or, in the alternative, a MOTION for Temporary Restraining Order/Preliminary Injunction filed by Steve Kunzweiler, John M. O'Connor, Oklahoma (Sullivan, John). Added MOTION for Writ of Habeas Corpus on 10/25/2022 (twd).
October 25, 2022 Opinion or Order Filing 1 COMPLAINT against All Defendants filed by Oklahoma, Steve Kunzweiler, John M. O'Connor. (Filing fee $402; Receipt number ATXNDC-13252003) Clerk to issue summons(es). 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 Exhibit(s) Ex. 1, #2 Exhibit(s) Ex. 2, #3 Exhibit(s) Ex. 3, #4 Cover Sheet Civil Cover Sheet) (Sullivan, John)

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Search for this case: State of Oklahoma et al v. Tellez et al
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Plaintiff: State of Oklahoma
Represented By: John Clay Sullivan
Represented By: Bryan Gregg Cleveland
Represented By: William Flanagan
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Plaintiff: John M O'Connor
Represented By: John Clay Sullivan
Represented By: Bryan Gregg Cleveland
Represented By: William Flanagan
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Plaintiff: Steve Kunzweiler
Represented By: John Clay Sullivan
Represented By: Bryan Gregg Cleveland
Represented By: William Flanagan
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Defendant: Heriberto Tellez
Represented By: Brian C. Rosen-Shaud
Represented By: Brian Walters Stoltz-DOJ
Represented By: Joseph John DeMott
Represented By: Michael James Gaffney
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Defendant: Collete S Peters
Represented By: Brian Walters Stoltz-DOJ
Represented By: Michael James Gaffney
Represented By: Brian C. Rosen-Shaud
Represented By: Joseph John DeMott
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Defendant: S R Grant
Represented By: Brian C. Rosen-Shaud
Represented By: Joseph John DeMott
Represented By: Brian Walters Stoltz-DOJ
Represented By: Michael James Gaffney
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Defendant: Federal Bureau of Prisons
Represented By: Joseph John DeMott
Represented By: Brian C. Rosen-Shaud
Represented By: Brian Walters Stoltz-DOJ
Represented By: Michael James Gaffney
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