Devillier et al v. THE STATE OF TEXAS
Plaintiff: Richard & Wendy Devillier, Yale Individually and as Personal Representative of the Estate of Kyle H. Devillier, Chris & Darla Barrow, Brian & Kathleen Abshier, Barbara Devillier, Laurence Barron, Halley Ray Moor Jr., Beverly Kiker, Coulon Devillier, William Meissner, David & Angela McBride, Jerry & Mary Devillier, Steven & Rhonda Devillier, John Rhame, Sheila Marino, Gary Herman, Jina Daigle, Zalphia Hankamer, Halley Ray Moor Sr., Charles Monroe, William Devillier, Bert Hargraves, Gulf Coast Olive Investments, L.L.C., Larry Bollich, Alex & Tammy Hargraves, Susan Bollich, Sheila Moor, Jill White, Rhonda Glanzer, Barney & Crystal Threadgill, Taylor McBride, Deanette Lemon, Kyle & Allison Wagstaff, Jacob & Angela Fregia, David Ray, Dennis Dugat and Yale Devillier
Defendant: THE STATE OF TEXAS
Interested Party: CivilCorp, LLC and City of Anahuac
Case Number: 3:2020cv00223
Filed: June 29, 2020
Court: US District Court for the Southern District of Texas
Presiding Judge: Jeffrey V Brown
Referring Judge: Andrew M Edison
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1442
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2020 Opinion or Order Filing 24 DOCKET CONTROL ORDER. Pltf Expert Witness List due by 9/1/2021. Pltf Expert Report due by 9/1/2021. Deft Expert Witness List due by 11/15/2021. Deft Expert Report due by 11/15/2021. Discovery due by 12/10/2021. Dispositive Motion Filing due by 12/17/2021. All Other Pretrial Motions due by 2/11/2022. Exchange Pretrial Materials due by 4/1/2022. Docket Call set for 4/8/2022 at 09:30 AM on the Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown. Jury Trial. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(ltrevino, 3)
October 21, 2020 Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Initial conference held on October 21, 2020. The court and parties conferred and the court set out a schedule for the case. The scheduling order will be entered separately. Appearances: Daniel Henry Charest, Emery Lawrence Vincent, Jr, Charles W Irvine and Glorieni Marie Azeredo. (ERO:Yes), filed. (wbostic, 4)
October 7, 2020 Filing 23 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Richard & Wendy Devillier, filed.(Charest, Daniel)
October 5, 2020 Filing 22 CERTIFICATE OF INTERESTED PARTIES by THE STATE OF TEXAS, filed.(Azeredo, Glorieni)
September 29, 2020 Filing 21 CERTIFICATE OF INTERESTED PARTIES by Richard & Wendy Devillier, filed.(Charest, Daniel)
September 18, 2020 Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Motion Hearing held on September 18, 2020 as to [Dkt. 6] Motion to Dismiss. The court heard oral argument from the parties and the motion is taken under advisement. Appearances: Daniel Charest, Russell Herman and Emery Lawrence Vincent, Jr. for the plaintiffs; Glorieni Azeredo and James Holian for the defendant. (Court Reporter: J. Sanchez), filed. (wbostic, 4)
September 16, 2020 Filing 20 LETTER TO MAGISTRATE JUDGE EDISON RE: PLAINTIFF'S CASE LAW by Richard & Wendy Devillier, filed. (Attachments: #1 Exhibit A - Boise Cascade Corp. v. Board of Forestry, 991 P.2d 563 (Or. App. 1999), #2 Exhibit B - DLX, Inc. v. Kentucky, 381 F.3d 511 (6th Cir. 2004), #3 Exhibit C - First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987), #4 Exhibit D - Jacobs v. U.S., 290 U.S. 13 (1933), #5 Exhibit E - Manning v. Mining & Minerals Division, 144 P.3d 88 (N.M. 2006), #6 Exhibit F - SDSS, Inc. v. State, 650 N.W.2d 1 (S.D. 2002), #7 Exhibit G - TrinCo Investment Co. v. U.S., 140 Fed. Cl. 530 (2018), #8 Exhibit H - U.S. v. Clarke, 445 U.S. 253 (1980))(Charest, Daniel)
September 16, 2020 Filing 19 LETTER TO MAGISTRATE JUDGE RE: STATE'S CASE LAW by THE STATE OF TEXAS, filed. (Attachments: #1 Exhibit Azul-Pacifico v. City of Los Angeles, #2 Exhibit Eggleton v. Town of Clendenin, #3 Exhibit Golden Gate Hotel Ass'n v. City & County of San Francisco, #4 Exhibit Hacienda Valley Mobile Estates v. City of Morgan Hill, #5 Exhibit Hughes v. County of Washoe, #6 Exhibit Janik v. City of Dallas, #7 Exhibit Laborde v. City of Gahanna, #8 Exhibit McHugh v. Town of Marana, #9 Exhibit Pascoag Reservior & Dam LLC v. Rhode Island, #10 Exhibit Quality Refridgerated Servs. Inc v. City of Spencer, #11 Exhibit Residents Against Flooding v. Reinvestment Zone Number Seventeen City of Houston, #12 Exhibit Ventura Group Ventures, Inc. v. State of California, #13 Exhibit White v. Valley County, #14 Exhibit Wolf v. County of Gilpin)(Azeredo, Glorieni)
September 10, 2020 Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Motion Hearing held on September 10, 2020 as to [Dkt. 7] Opposed Motion to Stay Discovery. The Court made the following rulings: Motion to Stay Discovery [Dkt. 7] is DENIED. A motion hearing as to [Dkt. 6] Motion to Dismiss is set for Friday, September 18, 2020 at 9:00 AM. The parties are also ordered to submit letters by 5 PM on Wednesday, September 16, 2020 as discussed on the record. Appearances: Daniel Charest, Russell Herman, Charles Irvine, and Emery Lawrence Vincent, Jr.for the plaintiffs; Glorieni Azeredo for defendant The State of Texas. (Court Reporter: L. Wells), filed. (wbostic, 4)
September 3, 2020 Filing 18 NOTICE of Setting re: #7 Opposed MOTION to Stay Discovery. Parties notified. Motion Hearing set for 9/10/2020 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (wbostic, 4)
September 3, 2020 Filing 17 NOTICE of Setting re: #6 MOTION to Dismiss #3 Supplement Plaintiff's Original Complaint. Parties notified. Motion Hearing set for 9/10/2020 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (wbostic, 4)
September 3, 2020 Motion Hearing set for [Dkt. 6] is CANCELLED. A hearing will be heard on [Dkt. 7] Opposed MOTION to Stay Discovery. (wbostic, 4)
September 2, 2020 Filing 16 REPLY to #12 Response in Opposition to Motion,,, to Dismiss, filed by THE STATE OF TEXAS. (Azeredo, Glorieni)
September 2, 2020 Filing 15 REPLY to #13 Response in Opposition to Motion,,, To Stay Discovery, filed by THE STATE OF TEXAS. (Azeredo, Glorieni)
September 2, 2020 Opinion or Order Filing 14 ORDER REFERRING CASE to Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3)
August 26, 2020 Filing 13 RESPONSE in Opposition to #7 Opposed MOTION to Stay Discovery, filed by Brian & Kathleen Abshier, Laurence Barron, Chris & Darla Barrow, Larry Bollich, Susan Bollich, Jina Daigle, Barbara Devillier, Coulon Devillier, Jerry & Mary Devillier, Richard & Wendy Devillier, Steven & Rhonda Devillier, William Devillier, Yale Devillier, Dennis Dugat, Jacob & Angela Fregia, Rhonda Glanzer, Zalphia Hankamer, Alex & Tammy Hargraves, Bert Hargraves, Gary Herman, Beverly Kiker, Deanette Lemon, Sheila Marino, David & Angela McBride, Taylor McBride, William Meissner, Charles Monroe, Sheila Moor, Halley Ray Moor Jr., Halley Ray Moor Sr., David Ray, John Rhame, Barney & Crystal Threadgill, Kyle & Allison Wagstaff, Jill White. (Charest, Daniel)
August 26, 2020 Filing 12 RESPONSE in Opposition to #6 MOTION to Dismiss #3 Supplement Plaintiff's Original Complaint, filed by Brian & Kathleen Abshier, Laurence Barron, Chris & Darla Barrow, Larry Bollich, Susan Bollich, Jina Daigle, Barbara Devillier, Coulon Devillier, Jerry & Mary Devillier, Richard & Wendy Devillier, Steven & Rhonda Devillier, William Devillier, Yale Devillier, Dennis Dugat, Jacob & Angela Fregia, Rhonda Glanzer, Zalphia Hankamer, Alex & Tammy Hargraves, Bert Hargraves, Gary Herman, Beverly Kiker, Deanette Lemon, Sheila Marino, David & Angela McBride, Taylor McBride, William Meissner, Charles Monroe, Sheila Moor, Halley Ray Moor Jr., Halley Ray Moor Sr., David Ray, John Rhame, Barney & Crystal Threadgill, Kyle & Allison Wagstaff, Jill White. (Charest, Daniel)
August 25, 2020 Filing 11 Amended OBJECTIONS and Responses to Plaintiff's Subpoena to Produce Documents Information or Objects or to Permit Inspection of Premises in a Civil Action, filed by CivilCorp, LLC. (Fahl, Glenn)
August 14, 2020 Filing 10 City of Anahuac Objection & Response to Subpoena* to Produce Documents, Information, or Objects or to Permit Inspection of Premises in Civil Action by City of Anahuac, filed.(Baker, Richard)
August 11, 2020 Filing 9 Civilcorp, LLC's Objections and Responses to Plaintiff's Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises in a Civil Action by CivilCorp, LLC, filed.(Fahl, Glenn)
August 7, 2020 Opinion or Order Filing 8 ORDER Joint Discovery/Case Management Plan due by 10/14/2020. Initial Conference set for 10/21/2020 at 09:30 AM by ZOOM videoconference before Magistrate Judge Andrew M Edison.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(JessicaVillarreal, 3)
August 5, 2020 Filing 7 Opposed MOTION to Stay Discovery by THE STATE OF TEXAS, filed. Motion Docket Date 8/26/2020. (Attachments: #1 Exhibit State's Letter of Intent to File a Motion to Dismiss, #2 Exhibit Plaintiffs' Requests for Admissions, Production and Interrogatories to Def, #3 Exhibit Plaintiffs' Notices of Intent to Subpoena, #4 Proposed Order Proposed Order Granting Def's Motion to Stay Discovery)(Azeredo, Glorieni)
August 5, 2020 Filing 6 MOTION to Dismiss #3 Supplement Plaintiff's Original Complaint by THE STATE OF TEXAS, filed. Motion Docket Date 8/26/2020. (Attachments: #1 Exhibit State's Letter of Intent to File a Motion to Dismiss, #2 Proposed Order Proposed Order Granting Def's Motion to Dismiss)(Azeredo, Glorieni)
July 24, 2020 Filing 5 STIPULATION of Dismissal without Prejudice by Gulf Coast Olive Investments, L.L.C., filed.(Charest, Daniel)
July 21, 2020 Filing 4 NOTICE of Appearance by Russell Herman on behalf of Brian & Kathleen Abshier, Laurence Barron, Chris & Darla Barrow, Larry Bollich, Susan Bollich, Jina Daigle, Barbara Devillier, Coulon Devillier, Jerry & Mary Devillier, Richard & Wendy Devillier, Steven & Rhonda Devillier, William Devillier, Yale Devillier, Dennis Dugat, Jacob & Angela Fregia, Rhonda Glanzer, Gulf Coast Olive Investments, L.L.C., Zalphia Hankamer, Alex & Tammy Hargraves, Bert Hargraves, Gary Herman, Beverly Kiker, Deanette Lemon, Sheila Marino, David & Angela McBride, Taylor McBride, William Meissner, Charles Monroe, Sheila Moor, Halley Ray Moor Jr., Halley Ray Moor Sr., David Ray, John Rhame, Barney & Crystal Threadgill, Kyle & Allison Wagstaff, Jill White, filed. (Herman, Russell)
July 13, 2020 Filing 3 SUPPLEMENT by THE STATE OF TEXAS, filed.(Azeredo, Glorieni)
June 30, 2020 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/21/2020 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3)
June 29, 2020 Filing 1 NOTICE OF REMOVAL from 253rd Judicial District Court of Chambers County, Texas, case number 20DCV0300 (Filing fee $ 400 receipt number 0541-24858993) filed by THE STATE OF TEXAS. (Attachments: #1 Civil Cover Sheet, #2 Index of Documents, #3 List of Counsel)(Azeredo, Glorieni)

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Search for this case: Devillier et al v. THE STATE OF TEXAS
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Defendant: THE STATE OF TEXAS
Represented By: Glorieni Marie Azeredo
Represented By: Lisa Marie McClain Mitchell
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Plaintiff: Richard & Wendy Devillier
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Yale Individually and as Personal Representative of the Estate of Kyle H. Devillier
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Plaintiff: Chris & Darla Barrow
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Brian & Kathleen Abshier
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Barbara Devillier
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Laurence Barron
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Halley Ray Moor Jr.
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Beverly Kiker
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Coulon Devillier
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: William Meissner
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: David & Angela McBride
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Jerry & Mary Devillier
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Steven & Rhonda Devillier
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: John Rhame
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Sheila Marino
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Gary Herman
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Jina Daigle
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Zalphia Hankamer
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Halley Ray Moor Sr.
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Charles Monroe
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: William Devillier
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Bert Hargraves
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Gulf Coast Olive Investments, L.L.C.
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Larry Bollich
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Alex & Tammy Hargraves
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Susan Bollich
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Sheila Moor
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Jill White
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Rhonda Glanzer
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Barney & Crystal Threadgill
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Taylor McBride
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Deanette Lemon
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Kyle & Allison Wagstaff
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Jacob & Angela Fregia
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: David Ray
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Dennis Dugat
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Plaintiff: Yale Devillier
Represented By: Russell Guy Herman
Represented By: Emery Lawrence Vincent, Jr.
Represented By: Mary B. Conner
Represented By: Daniel Henry Charest
Represented By: Lawrence G Dunbar
Represented By: Charles W Irvine
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Interested party: CivilCorp, LLC
Represented By: Glenn Jay Fahl
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Interested party: City of Anahuac
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