Khnanisho v. Roush et al
| Theodore Leon Khnanisho |
| City of Alice, Lieutenant Todd Thurmond, City of Mathis, Chief Aniceto Perez, Sergeant Brandon Villegas, City Manager Michael Barrera and Chief Marshall Scott Roush |
| Lunbing Chen and Kervyn Altaffer |
| 2:2020cv00265 |
| October 27, 2020 |
| US District Court for the Southern District of Texas |
| David S Morales |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2021. A more recent docket listing may be available from PACER.
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Filing 61
ORDER granting #60 Stipulation of Dismissal (Signed by Judge David S Morales) Parties notified.(arodriguez, 2)
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| Filing 60 STIPULATION of Dismissal with prejudice by Theodore Leon Khnanisho, filed.(Houthuijzen, Alexander) |
| Filing 59 Mediation Report (Signed by Magistrate Judge Jason B Libby) Parties notified.(NeldaGarcia, 2) |
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Filing 58
ORDER REGARDING SETTLEMENT CONFERENCE Confidential Settlement Statements (Internal Use Only) due no later than noon on 7/12/2021 Settlement Conference/Mediation set for 7/19/2021 at 09:00 AM before Magistrate Judge Jason B Libby(Signed by Magistrate Judge Jason B Libby) Parties notified.(amireles, 2)
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| Minute Entry for proceedings held before Magistrate Judge Jason B Libby. SCHEDULING CONFERENCE held on 6/30/2021 re: mediation. Discussion held. Parties agree to set mediation on 7/19/21 at 9:00 a.m. Order to be entered. Appearances: Lunbing Chen, Liza Aguilar Wood, Alexander Jordan Houthuijzen.(Digital # 2:34:00-2:46:45)(ERO:leticia garza), filed.(KendraPearson, 2) |
| Filing 57 NOTICE of Setting. Parties notified. Scheduling Conference re: mediation set for 6/30/2021 at 02:30 PM before Magistrate Judge Jason B Libby by video conference, filed. *Zoom link will be sent in a separate email* (KendraPearson, 2) |
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Filing 56
Order for Referral of Case to Mediation(Signed by Judge David S Morales) Parties notified.(arodriguez, 2)
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| Filing 55 Unopposed MOTION Referral of Case to Mediation before federal Magistrate and motion for all interested parties and/or persons to be ordered to said mediation by Theodore Leon Khnanisho, filed. Motion Docket Date 7/15/2021. (Attachments: #1 Proposed Order)(Houthuijzen, Alexander) |
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Filing 54
ORDER granting #53 Motion for Extension of Time Motion Hearing re Qualified Immunity Summary Judgment set for 11/15/2021 at 08:30 AM before Judge David S Morales.(Signed by Judge David S Morales) Parties notified.(arodriguez, 2)
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| Filing 53 Unopposed MOTION for Extension of Time Extend Deadlines and Hearing by Michael Barrera, City of Mathis, Marshall Scott Roush, Todd Thurmond, Brandon Villegas, filed. Motion Docket Date 6/15/2021. (Attachments: #1 Proposed Order)(Wood, Liza) |
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Filing 52
ORDER granting in part and denying in part #19 Motion to Dismiss for Failure to State a Claim.(Signed by Judge David S Morales) Parties notified.(arodriguez, 2)
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| Filing 51 NOTICE Notice of Attorney's Charging Lien by Lunbing Chen, Kervyn Altaffer, filed. (Chen, Lunbing) |
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Filing 50
ORDER granting #45 Motion to Withdraw as Attorney. Attorney Kervyn Bryce Altaffer, Jr and Lunbing Chen terminated; granting #49 Motion for Leave to Appear.(Signed by Judge David S Morales) Parties notified.(arodriguez, 2)
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| Filing 49 Unopposed MOTION for Alexander Houthuijzen and Bradford Gilde to Appear as Attorneys by Theodore Leon Khnanisho, filed. Motion Docket Date 5/3/2021. (Houthuijzen, Alexander) |
| Filing 48 NOTICE Attorneys of Record's Notice of Compliance with Court Order re: #47 Order on Motion to Withdraw as Attorney by Theodore Leon Khnanisho, filed. (Chen, Lunbing) |
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Filing 47
ORDER deferring ruling on #45 Motion to Withdraw as Attorney until April 15, 2021.(Signed by Judge David S Morales) Parties notified.(fcarbia, 2)
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| Filing 46 NOTICE Notice of Motion Docket Date re: #45 MOTION for Kervyn B. Altaffer Jr., Lunbing Chen, and the law firm Altaffer & Chen PLLC to Withdraw as Attorney by Theodore Leon Khnanisho, filed. (Chen, Lunbing) |
| Filing 45 MOTION for Kervyn B. Altaffer Jr., Lunbing Chen, and the law firm Altaffer & Chen PLLC to Withdraw as Attorney by Theodore Leon Khnanisho, filed. Motion Docket Date 3/12/2021. (Attachments: #1 Proposed Order)(Chen, Lunbing) |
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Filing 44
ORDER denying #25 Motion to Strike.(Signed by Judge David S Morales) Parties notified.(lrivera, 2)
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Filing 43
ORDER denying #41 Motion for Leave to File. The Court willconsider Plaintiffs original response (D.E. 24) as being properly filed.(Signed by Judge David S Morales) Parties notified.(legarza, 2)
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| Filing 42 PROPOSED ORDER for Plaintiff's amended response in opposition to Defendants', City of Alice, Texas, and Chief Aniceto Perez, motion to dismiss Plaintiff's original complaint and brief in support re: #41 MOTION for Leave to File Plaintiff's amended response in opposition toDefendants', City of Alice, Texas, and Chief Aniceto Perez, motion to dismiss Plaintiff's original complaint and brief in support, filed.(Chen, Lunbing) |
| Filing 41 MOTION for Leave to File Plaintiff's amended response in opposition toDefendants', City of Alice, Texas, and Chief Aniceto Perez, motion to dismiss Plaintiff's original complaint and brief in support by Theodore Leon Khnanisho, filed. Motion Docket Date 2/4/2021. (Attachments: #1 Proposed Order, #2 Exhibit Plaintiff's amended response in opposition to Defendants', City of Alice, Texas, and Chief Aniceto Perez, motion to dismiss Plaintiff's original complaint and brief in support)(Chen, Lunbing) |
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Filing 40
SCHEDULING ORDER Jury Trial set for 7/18/2022 at 08:30 AM before Judge David S Morales Joinder of Parties due by 10/31/2021 Pltf Expert Witness List due by 9/15/2021. Deft Expert Witness List due by 10/31/2021. Discovery regarding the issue of Qualified Immunity due by 6/1/21. Motion for Summary Judgement on Qualified Immunity due by 6/15/21. Demand Letter due by 10/15/2021 Mediation due by 12/31/2021. Discovery due by 12/31/2021. Response to Defendant(s)' Motion for Summary Judgment on Qualified Immunity due by 7/6/21. Defendant may reply on 7/13/21. Status Conference set for 3/28/2022 at 09:00 AM before Judge David S Morales Dispositive Motion Filing due by 3/15/2022. Joint Pretrial Order due by 6/23/2022. Objections due by 6/30/2022 Final Pretrial Conference set for 7/7/2022 at 09:00 AM before Judge David S Morales(Signed by Judge David S Morales) Parties notified.(legarza, 2)
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| Minute Entry for proceedings held by Zoom before Judge David S Morales. INITIAL PRETRIAL CONFERENCE held on 1/14/2021. Deadlines and trial date are discussed. Scheduling Order to be entered today. Issues regarding qualified immunity discussed. Motion are ripe and Court will enter rulings shortly. Appearances: James F McKibben, Jr, Liza Aguilar Wood, Casey Terrence Cullen, Lunbing Chen, Kervyn Bryce Altaffer, Jr.(Digital # 10:24 - 10:37)(ERO: Sharon Russell), filed.(arodriguez, 2) |
| PER SCHEDULING #40 ***Set/Reset Deadlines/Hearings: Hearing on Qualified Immunity Summary Judgment set for 7/12/2021 at 08:30 AM before Judge David S Morales (legarza, 2) |
| Filing 39 REPLY to Response to #25 Opposed MOTION to Strike #20 Answer to Complaint, #23 Answer to Complaint Plaintiff's opposed motion to strike defenses of City of Mathis defendants or to alternatively order defendants to amend, filed by Theodore Leon Khnanisho. (Chen, Lunbing) |
| Filing 38 RESPONSE in Opposition to #25 Opposed MOTION to Strike #20 Answer to Complaint, #23 Answer to Complaint Plaintiff's opposed motion to strike defenses of City of Mathis defendants or to alternatively order defendants to amend, filed by Michael Barrera, City of Mathis, Marshall Scott Roush, Todd Thurmond, Brandon Villegas. (Attachments: #1 Proposed Order Order Denying Plaintiff's Motion to Strike Defendants' Defenses)(McKibben, James) |
| Filing 37 SURREPLY to #32 filed by Theodore Leon Khnanisho. (legarza, 2) |
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Filing 36
ORDER denying as moot #33 SURREPLY to 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and granting #34 MOTION for Leave to File Plaintiff's surreply to Defendants', City of Alice, Texas, and Chief Perez, reply to Plaintiff's response to their motion to dismiss(Signed by Judge David S Morales) Parties notified.(legarza, 2)
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| Filing 35 CERTIFICATE of Conference re: #34 MOTION for Leave to File Plaintiff's surreply to Defendants', City of Alice, Texas, and Chief Perez, reply to Plaintiff's response to their motion to dismiss by Theodore Leon Khnanisho, filed.(Chen, Lunbing) |
| Filing 34 MOTION for Leave to File Plaintiff's surreply to Defendants', City of Alice, Texas, and Chief Perez, reply to Plaintiff's response to their motion to dismiss by Theodore Leon Khnanisho, filed. Motion Docket Date 1/26/2021. (Attachments: #1 Proposed Order, #2 Exhibit)(Chen, Lunbing) |
| Filing 33 SURREPLY to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Theodore Leon Khnanisho. (Attachments: #1 Exhibit, #2 Proposed Order)(Chen, Lunbing)(Entered in Error Per Attorney will refiled as a Motion) Modified on 1/5/2021 (mmapps, 4). |
| Filing 32 REPLY to Response to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by City of Alice, Aniceto Perez. (Cullen, Casey) |
| Filing 31 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Michael Barrera, City of Mathis, Marshall Scott Roush, Todd Thurmond, Brandon Villegas, filed.(McKibben, James) |
| Filing 30 Amended CERTIFICATE OF INTERESTED PARTIES by Michael Barrera, City of Mathis, Marshall Scott Roush, Brandon Villegas, filed.(Wood, Liza) |
| Filing 29 CERTIFICATE OF INTERESTED PARTIES by Todd Thurmond, filed.(Wood, Liza) |
| Filing 28 NOTICE of Setting. Parties notified. Video Teleconference re: initial pretrial and scheduling conference set for 1/14/2021 at 10:30 AM before Judge David S Morales, filed. Zoom link can be found on the attached notice. (arodriguez, 2) |
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Filing 27
ORDER granting #26 Motion for Extension of Time. Defendants' Replies due by 12/31/2020.(Signed by Judge David S Morales) Parties notified.(sylopez, 2)
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| Filing 26 Unopposed MOTION for Extension of Time Reply by City of Alice, Aniceto Perez, filed. Motion Docket Date 1/13/2021. (Attachments: #1 Proposed Order)(Cullen, Casey) |
| Filing 25 Opposed MOTION to Strike #20 Answer to Complaint, #23 Answer to Complaint Plaintiff's opposed motion to strike defenses of City of Mathis defendants or to alternatively order defendants to amend by Theodore Leon Khnanisho, filed. Motion Docket Date 1/11/2021. (Attachments: #1 Proposed Order)(Chen, Lunbing) |
| Filing 24 RESPONSE in Opposition to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Theodore Leon Khnanisho. (Attachments: #1 Proposed Order)(Chen, Lunbing) |
| Filing 23 ANSWER to #1 Complaint by Michael Barrera, City of Mathis, Marshall Scott Roush, Brandon Villegas, filed.(Wood, Liza) |
| Filing 22 NOTICE of Appearance by Kolton D. Kilgore on behalf of City of Alice, Aniceto Perez, filed. (Kilgore, Kolton) |
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Filing 21
ORDER granting #14 Motion to reset the deadline for Defendants' respective responsive pleadings to December 2, 2020.(Signed by Judge David S Morales) Parties notified.(arodriguez, 2)
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| Filing 20 ANSWER to #1 Complaint by Todd Thurmond, filed.(Wood, Liza) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Alice, Aniceto Perez, filed. Motion Docket Date 12/23/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cullen, Casey) |
| Filing 18 CERTIFICATE OF INTERESTED PARTIES by Michael Barrera, City of Mathis, Marshall Scott Roush, Brandon Villegas, filed.(McKibben, James) |
| Filing 17 CERTIFICATE OF INTERESTED PARTIES by City of Alice, Aniceto Perez, filed.(Cullen, Casey) |
| Filing 16 ANSWER to #1 Complaint with Jury Demand by Michael Barrera, City of Mathis, Marshall Scott Roush, Brandon Villegas, filed.(McKibben, James) |
| Filing 15 WAIVER OF SERVICE Returned Executed as to Aniceto Perez served on 11/19/2020, answer due 1/19/2021, filed.(Cullen, Casey) |
| Filing 14 Unopposed MOTION for Extension of Time Responsive Pleading Deadline by City of Alice, Aniceto Perez, filed. Motion Docket Date 12/14/2020. (Attachments: #1 Proposed Order)(Cullen, Casey) |
| Filing 13 RETURN of Service of SUMMONS Executed as to Todd Thurmond served on 11/14/2020, answer due 12/7/2020, filed.(Chen, Lunbing) |
| Filing 12 RETURN of Service of SUMMONS Executed as to City of Alice served on 11/3/2020, answer due 11/24/2020, filed.(Chen, Lunbing) |
| Filing 11 RETURN of Service of SUMMONS Executed as to City of Mathis served on 11/2/2020, answer due 11/23/2020, filed.(Chen, Lunbing) |
| Filing 10 RETURN of Service of SUMMONS Executed as to Michael Barrera served on 11/2/2020, answer due 11/23/2020, filed.(Chen, Lunbing) |
| Filing 9 RETURN of Service of SUMMONS Executed as to Brandon Villegas served on 11/2/2020, answer due 11/23/2020, filed.(Chen, Lunbing) |
| Filing 8 RETURN of Service of SUMMONS Executed as to Marshall Scott Roush served on 11/2/2020, answer due 11/23/2020, filed.(Chen, Lunbing) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Theodore Leon Khnanisho, filed.(Chen, Lunbing) |
| Filing 6 Civil Cover Sheet by Theodore Leon Khnanisho, filed.(Chen, Lunbing) |
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Pretrial Conference set for 1/14/2021 at 10:45 AM before Judge David S Morales(Signed by Judge David S Morales) Parties notified.(arodriguez, 2)
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| Filing 4 Summons Issued as to Michael Barrera, City of Alice, City of Mathis, Aniceto Perez, Todd Thurmond, Brandon Villegas. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons 2, #2 Summons 3, #3 Summons 4, #4 Summons 5, #5 Summons 6)(BrittanyPainschab, 2) |
| Filing 3 Summons Issued as to Marshall Scott Roush. Issued summons delivered to plaintiff by NEF, filed.(BrittanyPainschab, 2) (Main Document 3 replaced on 10/28/2020) (BrittanyPainschab, 2). |
| Filing 2 Request for Issuance of Summons as to All Defendants, filed.(Chen, Lunbing) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-25419233) filed by Theodore Leon Khnanisho. (Attachments: #1 Exhibit Verification of Plaintiffs Original Complaint and Jury Demand)(Chen, Lunbing) |
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