Chavers et al v. Morrow et al
Plaintiff: Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P. and Brazos Valley Carriage Company, L.P.
Defendant: Tyrone Morrow, City of Bryan, Texas, City of College Station, Texas, Brazos County, Texas, Michael Ikner, Mr. Glen Brown, Christopher Kirk, David Watkins, Scott Hines, Karla Wiesepape, Rachel Falwell, Walters Sayers, Peter Glidewell, Randall Hall and Jeffrey Winney
Case Number: 4:2008cv03286
Filed: November 5, 2008
Court: US District Court for the Southern District of Texas
Office: Civil Rights: Other Office
County: Grimes
Presiding Judge: Kenneth M Hoyt
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 28, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2012 Filing 206 Clerks Notice regarding CMECF notice returned undeliverable from Jeff@Youngkinlaw.com on the account of Jeffrey M Burns. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, )
February 27, 2012 Filing 207 Court of Appeals for the Fifth Circuit LETTER advising The electronic copy of the record has been recycled. (USCA No. 10-20792), filed.(jdav, )
February 27, 2012 Filing 205 Copy of Bill of Costs by USCA in the amount of $78.75 against Appellants (USCA No. 10-20792), filed.(mmapps, )
February 27, 2012 Filing 204 Copy of Bill of Costs by USCA in the amount of $210.83 against Apellants (USCA No. 10-20792), filed.(mmapps, )
February 27, 2012 Filing 203 Copy of Bill of Costs by USCA in the amount of $199.28 against Chavers et al (USCA No. 10-20792), filed.(mmapps, )
February 27, 2012 Opinion or Order Filing 202 Order of USCA; judgment issued as mandate 2/20/2012 re: #155 Notice of Appeal, ; USCA No. 10-20792. It is ordered and adjudged that the judgment of the District Court is Affirmed....Further Ordered that plaintiffs-appellants pay to defendant-appellees the costs on appeal to be taxed by the Clerk of this Court, filed.(mmapps, )
June 9, 2011 Filing 201 NOTICE of Receipt of Record on Appeal from US Court of Appeals for the Fifth Circuit re: #175 Notice of Appeal - Amended,, (USCA No. 10-20792). Record received by USCA on 5/31/2011, filed.(saustin, )
May 25, 2011 Filing 200 Transmittal Letter on Appeal Certified re: #175 Notice of Appeal - Amended,, #172 Notice of Appeal - Amended. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 17 volumes. CDs containing the electronic record have been forwarded. (USCA No. 10-20792), filed.(blacy, )
March 31, 2011 Opinion or Order Filing 199 ORDER granting #192 Unopposed MOTION to Correct the Record on Appeal.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)
March 29, 2011 Filing 198 Certified Supplemental record on appeal re: #175 Notice of Appeal - Amended,, #172 Notice of Appeal - Amended, #155 Notice of Appeal, forwarded to Laura Schut, John Belk, Ramon Viada and William Krueger per #193 , #194 ,[196, #197 . (USCA No. 10-20791), filed.(jdav, )
March 29, 2011 Filing 197 Request for Supplemental Record on Appeal by Brazos County, Texas, Peter Glidewell, Scott Hines, Christopher Kirk, filed.(Belk, John)
March 29, 2011 Filing 196 REQUEST for Electronic Copy of Certified Record on Appeal re: #175 Notice of Appeal - Amended,, by City of Bryan, Texas, filed.(Viada, Ramon)
March 29, 2011 Filing 195 PROPOSED ORDER re: #192 Unopposed MOTION to Correct, filed.(Belk, John)
March 28, 2011 Filing 194 REQUEST for Electronic Copy of Certified Record on Appeal re: #175 Notice of Appeal - Amended by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape, filed.(Shank, Daniel)
March 28, 2011 Filing 193 REQUEST for Electronic Copy of Certified Record on Appeal re: #175 Notice of Appeal - Amended,, by Tyrone Morrow, filed.(Krueger, William)
March 25, 2011 Supplemental Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #188 USCA Case Number USCA No. 10-20792 Corrects Images #12 #24 & #26 , filed. Modified on 6/1/2011 (smurdock, ).
March 18, 2011 Filing 192 Unopposed MOTION to Correct by Brazos County, Texas, Glen Brown, City of Bryan, Texas, City of College Station, Texas, Rachel Falwell, Peter Glidewell, Scott Hines, Michael Ikner, Christopher Kirk, Tyrone Morrow, Walters Sayers, Karla Wiesepape, filed. Motion Docket Date 4/8/2011. (Belk, John)
February 11, 2011 Filing 191 REQUEST for Electronic Copy of Certified Record on Appeal re: #175 Notice of Appeal - Amended,, by Tyrone Morrow, filed.(Krueger, William)
January 31, 2011 Filing 190 CD Request: Response re Certified Record on Appeal re: #169 Document filed by Brazos County, Texas, filed. (smurdock, )
January 31, 2011 Filing 189 CD Request: Response re Certified Record on Appeal re: #187 Request for Record, filed by Brazos Valley Carriage Company, L.P., All American Roadrunners, L.P., Thomas Chavers, Brazos Valley Roadrunners, L.P., Sandra Portzer sent FEdEx 8681 5112 1827, filed. (smurdock, )
January 31, 2011 Supplemental 168> Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #172 Notice of Appeal - Amended, #175 Notice of Appeal - Amended,, USCA No. 10-20792, filed.(smurdock, )
January 30, 2011 Filing 187 REQUEST for Electronic Copy of Certified Record on Appeal re: #175 Notice of Appeal - Amended,, by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed.(Clevenger, Ty)
January 28, 2011 Filing 188 Notice of Assignment of USCA No. 10-20792 re: #175 Notice of Appeal - Amended,,, filed.(pcrawford, )
January 28, 2011 Opinion or Order Filing 186 ORDER granting #176 Motion for Extension of Time to file notice of appeal; deadline extended to Jan. 23, 2011. (Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
January 28, 2011 Filing 185 REQUEST for Electronic Copy of Certified Record on Appeal re: #175 Notice of Appeal - Amended,, #34 Notice of Appeal, #172 Notice of Appeal - Amended, #155 Notice of Appeal, by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed.(Clevenger, Ty)
January 27, 2011 Filing 184 Corrected Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (1 copy). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #175 Notice of Appeal - Amended,, #172 Notice of Appeal - Amended, #176 MOTION for Extension of Time Filing Notice of Appeal, filed. (Attachments: #1 ANOA 172, #2 ANOA 175)(smurdock, ) (Additional attachment(s) added on 1/27/2011: #3 Order 25, #4 Order 28, #5 106, #6 Order 112, #7 Order 117, #8 Order 118, #9 Order 163) (smurdock, ). (Additional attachment(s) added on 1/27/2011: #10 Docket Sheet) (smurdock, ).
January 27, 2011 Filing 183 REPLY in Support of #176 MOTION for Extension of Time Filing Notice of Appeal, filed by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer. (Attachments: #1 Exhibit Declaration of Ty Clevenger)(Clevenger, Ty)
January 26, 2011 Filing 182 RESPONSE in Opposition to #176 MOTION for Extension of Time Filing Notice of Appeal, filed by City of Bryan, Texas. (Attachments: #1 Proposed Order)(Viada, Ramon)
January 26, 2011 Filing 181 RESPONSE to #176 MOTION for Extension of Time Filing Notice of Appeal filed by Tyrone Morrow. (Krueger, William)
January 21, 2011 Filing 180 Notice of Assignment of USCA No. 10-20792 re: #172 Notice of Appeal - Amended, filed.(kgilyard, )
January 21, 2011 Filing 179 Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (2 copies. Fee status: Not Paid. The following Notice of Appeal and related motions are pending in the District Court: See entry #184 for attachments. Modified on 1/27/2011 (smurdock, ).
January 21, 2011 Filing 178 Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant (2 copies). Fee status: Not Paid. The following Notice of Appeal and related motions are pending in the District Court: #172 Notice of Appeal - Amended, #176 MOTION for Extension of Time Filing Notice of Appeal, filed. (Attachments: #1 ANOA)(smurdock, ) (Additional attachment(s) added on 1/21/2011: #2 Judgment, #3 Docket Sheet) (smurdock, ).
January 20, 2011 Opinion or Order Filing 177 ORDER for Expedited Response; Motion-related deadline set re: #176 MOTION for Extension of Time Filing Notice of Appeal: Responses due by 1/26/2011.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
January 18, 2011 Filing 176 MOTION for Extension of Time Filing Notice of Appeal by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed. Motion Docket Date 2/8/2011. (Attachments: #1 Exhibit A (Declaration of Ty Clevenger), #2 Exhibit B (Letter to court of appeals), #3 Proposed Order)(Clevenger, Ty)
January 18, 2011 Filing 175 Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #112 Order on Motion to Amend, #106 Memorandum and Opinion, #143 Order on Motion for Temporary Restraining Order, #150 Order, Add and Terminate Parties, #117 Order on Motion for Extension of Time, #163 Final Judgment, #161 Order on Motion for Clarification, #25 Memorandum and Order, #28 Order on Motion for Reconsideration, #145 Memorandum and Opinion by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed.(Clevenger, Ty)
January 12, 2011 Filing 174 CD Request: Response re Certified Record on Appeal re: #171 Request for Record filed by City of Bryan, Texas, filed. (smurdock, )
January 12, 2011 Filing 173 CD Request: Response re Certified Record on Appeal re: #170 Request for Record filed by Jeffrey Winney, Rachel Falwell, Karla Wiesepape, City of College Station, Texas, Walters Sayers, Glen Brown, Michael Ikner, filed. (smurdock, )
January 11, 2011 Filing 172 Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed.(Clevenger, Ty)
January 4, 2011 Filing 171 REQUEST for Electronic Copy of Certified Record on Appeal re: #155 Notice of Appeal, by City of Bryan, Texas, filed.(Viada, Ramon)
December 29, 2010 Filing 170 REQUEST for Electronic Copy of Certified Record on Appeal re: #155 Notice of Appeal, by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape, Jeffrey Winney, filed.(Shank, Daniel)
December 28, 2010 Filing 169 Request for Record on Appeal by Brazos County, Texas, filed.(Belk, John)
December 16, 2010 Filing 168 Supplemental REPLY in Support of #151 MOTION for Sanctions, filed by Tyrone Morrow. (Krueger, William)
December 13, 2010 Filing 167 Minute Entry for proceedings held before Judge Kenneth M. Hoyt. MOTION HEARING held on 12/13/2010 re: #151 MOTION for Sanctions. Court hears argument. Taken under advisement. Appearances: Stefanie Ann Strayer, William W Krueger.(Court Reporter: J. Sanchez), filed.(dpalacios, )
December 13, 2010 This Electronic record on appeal has been certified per email request to the Fifth Circuit Court of Appeals re: #155 Notice of Appeal, USCA No. 10-20792, filed.(blacy, )
December 6, 2010 Opinion or Order Filing 165 ORDER ; Motion-related deadline set re: #151 MOTION for Sanctions Motion Hearing set for 12/13/2010 at 11:00 AM in Courtroom 11A before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
December 3, 2010 Filing 166 Notice of Assignment of USCA No. 10-20792 re: #155 Notice of Appeal,, filed.(esmith, )
December 1, 2010 Filing 164 REPLY to Response to #151 MOTION for Sanctions, filed by Tyrone Morrow. (Krueger, William)
November 24, 2010 Filing 163 FINAL JUDGMENT. Case terminated on 11/24/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(clamey, )
November 24, 2010 Filing 162 MOTION for Entry of Order re: MOTION FOR ENTRY OF FINAL JUDGMENT UNDER FED. R. CIV. P. 58(d) by City of Bryan, Texas, filed. Motion Docket Date 12/15/2010. (Attachments: #1 Proposed Order Proposed Final Judgment)(Viada, Ramon)
November 18, 2010 Opinion or Order Filing 161 ORDER granting #148 Motion for Clarification. All claims against Chief Morrow are dismissed prejudice.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
November 18, 2010 Opinion or Order Filing 160 ORDER denying #157 Motion to Reassign Case; denying #157 Motion to Consolidate Cases.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
November 18, 2010 Filing 159 CORRECTED Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #148 MOTION for Clarification, #155 Notice of Appeal, #157 Opposed MOTION to Reassign CaseOpposed MOTION to Consolidate Lead Case No. 08-cv-3286 and Member Case No. 10-cv-3922, #151 MOTION for Sanctions, filed. (Attachments: #1 NOA, #2 Order)(smurdock, ) (Additional attachment(s) added on 11/18/2010: #3 Docket Sheet) (smurdock, ).
November 18, 2010 Filing 158 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #148 MOTION for Clarification, #155 Notice of Appeal, #157 Opposed MOTION to Reassign CaseOpposed MOTION to Consolidate Lead Case No. 08-cv-3286 and Member Case No. 10-cv-3922, #151 MOTION for Sanctions, filed. (Attachments: #1 NOA, #2 Order)(smurdock, ) (Additional attachment(s) added on 11/18/2010: #3 Docket Sheet) (smurdock, ). Modified on 11/18/2010 (smurdock, ).
November 16, 2010 Filing 157 Opposed MOTION to Reassign Case, Opposed MOTION to Consolidate Lead Case No. 08-cv-3286 and Member Case No. 10-cv-3922( Motion Docket Date 12/7/2010.) by City of Bryan, Texas, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape, filed. (Attachments: #1 Exhibit 1 - Original Complaint in New Case, #2 Proposed Order)(Shank, Daniel)
November 16, 2010 Filing 156 PROPOSED ORDER re: #154 Response in Opposition to Motion,, filed.(Clevenger, Ty)
November 16, 2010 Filing 155 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer (Filing fee $ 455, receipt number 0541-7248210), filed.(Clevenger, Ty)
November 16, 2010 Filing 154 RESPONSE in Opposition to #151 MOTION for Sanctions, filed by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer. (Attachments: #1 Exhibit A (Declaration of Ty Clevenger), #2 Exhibit B (E-mail to Counsel for Defendants), #3 Exhibit C (Purported conference))(Clevenger, Ty)
November 15, 2010 Opinion or Order Filing 153 ORDER for Expedited Response; Motion-related deadline set re: #151 MOTION for Sanctions: Responses due by 11/22/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
November 15, 2010 Filing 152 PROPOSED ORDER re: #151 MOTION for Sanctions, filed.(Krueger, William)
November 8, 2010 Filing 151 MOTION for Sanctions by Tyrone Morrow, filed. Motion Docket Date 11/29/2010. (Attachments: #1 Exhibit "A", #2 Exhibit ":B", #3 Exhibit "C")(Krueger, William)
November 4, 2010 Opinion or Order Filing 150 Order GRANTING #147 MOTION for Judgment. Scott Hines, Christopher Kirk, Brazos County, Texas and Peter Glidewell terminated.(Signed by Judge Kenneth M. Hoyt) Parties notified.(clamey, )
November 2, 2010 Filing 149 RESPONSE in Opposition to #147 MOTION for Judgment, filed by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers. (Clevenger, Ty)
October 22, 2010 Filing 148 MOTION for Clarification by Tyrone Morrow, filed. Motion Docket Date 11/12/2010. (Krueger, William)
October 21, 2010 Filing 147 MOTION for Judgment by Brazos County, Texas, filed. Motion Docket Date 11/12/2010. (Attachments: #1 Proposed Order)(Belk, John)
September 20, 2010 Opinion or Order Filing 146 ORDER granting Brazos County's #138 Motion to Dismiss Texas Tort Claims.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
August 30, 2010 Opinion or Order Filing 145 MEMORANDUM OPINION AND ORDER granting #119 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
August 24, 2010 Opinion or Order Filing 144 ORDER granting #142 Joint MOTION to Clarify or Amend #92 Order Following Telephone Scheduling Conference; vacating the #92 Scheduling Order pending resolution of the immunity issues raised by defts and dispositive motions on file. Deadlines terminated. An amended scheduling order will be entered following resolution of the outstanding immunity issues and the dispositive motions on file. (Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
August 24, 2010 Opinion or Order Filing 143 ORDER denying #139 Motion for Temporary Restraining Order.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
August 23, 2010 Filing 142 Joint MOTION to Amend #92 Order Following Telephone Scheduling Conference,, by Brazos County, Texas, Glen Brown, City of College Station, Texas, Rachel Falwell, Peter Glidewell, Scott Hines, Michael Ikner, Christopher Kirk, Tyrone Morrow, Walters Sayers, Karla Wiesepape, filed. Motion Docket Date 9/13/2010. (Attachments: #1 Proposed Order)(Shank, Daniel)
August 23, 2010 Filing 141 RESPONSE to #139 Opposed MOTION for Temporary Restraining Order filed by City of College Station, Texas. (Attachments: #1 Appendix A1 Chavers, #2 Appendix A2 Fago, #3 Appendix A3 Gantt, #4 Appendix A4 Gazzo, #5 Appendix A5 Geiger, #6 Appendix A6 Hillside, #7 Appendix A7 Houston Professional Towing, #8 Appendix A8 Toler, #9 Appendix A9 Williams, #10 Exhibit B1, #11 Exhibit 2A through 2F)(Shank, Daniel)
August 16, 2010 Opinion or Order Filing 140 ORDER for Expedited Response; Motion-related deadline set re: #139 Opposed MOTION for Temporary Restraining Order: Responses due by 8/23/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
August 12, 2010 Filing 139 Opposed MOTION for Temporary Restraining Order by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed. Motion Docket Date 9/2/2010. (Attachments: #1 Exhibit 1 (Affidavit of Sandra Portzer), #2 Exhibit 2 (Declaration of Ty Clevenger), #3 Proposed Order)(Clevenger, Ty)
August 11, 2010 Filing 138 MOTION to Dismiss Texas Tort Claims Against Brazos County and Employees Under Tex.Civ.Prac. & Rem. Code, Sec. 101.106 by Brazos County, Texas, filed. Motion Docket Date 9/1/2010. (Attachments: #1 Proposed Order Granting Defendant Brazos County's Motion to Dismiss Texas Tort Claims)(Belk, John)
August 2, 2010 Opinion or Order Filing 137 ORDER denying #134 Motion for Reconsideration.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
July 29, 2010 Filing 136 RESPONSE in Opposition to #134 Opposed MOTION for Reconsideration of #106 Memorandum and OpinionOpposed MOTION for Reconsideration of #106 Memorandum and Opinion, filed by City of Bryan, Texas. (Attachments: #1 Appendix Chavers v. Morrow, #2 Appendix Clancy v. City of College Station, #3 Appendix Davenport v. City of Garland, #4 Appendix Duran v. City of Corpus Christi, #5 Appendix Garzes v. Lopez, #6 Appendix Floyd v. City of Kenner, #7 Appendix McClure v. Biesenbach, #8 Proposed Order)(Viada, Ramon)
July 26, 2010 Opinion or Order Filing 135 ORDER for expedited response ; Motion-related deadline set re: #134 Opposed MOTION for Reconsideration of #106 Memorandum and Opinion: Responses due by 7/30/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
July 19, 2010 Filing 134 Opposed MOTION for Reconsideration of #106 Memorandum and Opinion by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed. Motion Docket Date 8/9/2010. (Attachments: #1 Proposed Order)(Clevenger, Ty)
July 12, 2010 Filing 133 Letter from William W. Krueger, III re: Vacation Plans, filed. (mmapps, )
June 9, 2010 Filing 132 REPLY in Support of #119 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) Judgment MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) Judgment MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) Judgment, filed by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape. (Attachments: #1 Appendix)(Shank, Daniel)
June 2, 2010 Opinion or Order Filing 131 ORDER Granting Defendant the City of College Station's Partial Motion for Summary Judgment Pursuant to the Texas Tort Claims Act #120 Motion for Partial Summary Judgment.(Signed by Judge Kenneth M. Hoyt) Parties notified.(kstrouse, )
June 1, 2010 Filing 130 RESPONSE in Opposition to #119 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) Judgment MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) Judgment MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) Judgment, filed by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer. (Attachments: #1 Proposed Order)(Clevenger, Ty)
May 26, 2010 Opinion or Order Filing 129 ORDER granting #121 Motion to Quash.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
May 26, 2010 Opinion or Order Filing 128 ORDER granting #123 Motion for Protective Order; all discovery and disclosure obligations of the deft Morrow are stayed pending adjudication of his immunities defense.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
May 25, 2010 Filing 127 RESPONSE to #121 MOTION to Quash Deposition Subpoena of Movant, Janis K. Hampton, and for Protective Order, filed by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer. (Clevenger, Ty)
May 19, 2010 Opinion or Order Filing 126 ORDER for expedited response ; Motion-related deadline set re: #123 Renewed MOTION for Protective Order: Responses due by 5/25/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
May 18, 2010 Opinion or Order Filing 125 ORDER granting #124 MOTION for Extension of Time to Respond to Motion ; Motion-related deadline set re: #119 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) ( Responses due by 6/1/2010).(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
May 17, 2010 Filing 124 MOTION for Extension of Time to Respond to #119 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed. Motion Docket Date 6/7/2010. (Attachments: #1 Exhibit A (declaration of Ty Clevenger), #2 Exhibit B (letter from doctor), #3 Proposed Order)(Clevenger, Ty) Modified on 5/18/2010 (dpalacios, ).
May 12, 2010 Filing 123 Renewed MOTION for Protective Order by Tyrone Morrow, filed. Motion Docket Date 6/2/2010. (Attachments: #1 Proposed Order Granting Defendant Tyrone Morrow's Renewed Motion for Protection from Discovery)(Krueger, William)
May 11, 2010 Opinion or Order Filing 122 ORDER FOR EXPEDITED RESPONSE ; Motion-related deadline set re: #121 MOTION to Quash Deposition Subpoena of Movant, Janis K. Hampton, and for Protective Order Responses due by 5/21/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(kstrouse, )
May 11, 2010 Filing 121 MOTION to Quash Deposition Subpoena of Movant, Janis K. Hampton, and for Protective Order by City of Bryan, Texas, filed. Motion Docket Date 6/1/2010. (Attachments: #1 Exhibit EX. A.Clevenger 4-28-10 Email, #2 Exhibit EX B.Federal Subpoena, #3 Proposed Order)(Viada, Ramon)
May 5, 2010 Filing 120 MOTION for Partial Summary Judgment Pursuant to Texas Tort Claims Act by City of College Station, Texas, filed. Motion Docket Date 5/26/2010. (Attachments: #1 Proposed Order)(Shank, Daniel)
April 26, 2010 Filing 119 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) Judgment by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape, filed. Motion Docket Date 5/17/2010. (Attachments: #1 Exhibit Exhibit A Affidavit of Glenn Brown, #2 Exhibit Exhibit B Affidavit of Rachell Fallwell, #3 Exhibit Exhibit C Affidavit of Michael Ikner, #4 Exhibit Exhibit D Affidavit of Walter Sayers, #5 Exhibit Exhibit E Affidavit of Karla Wiesepape, #6 Proposed Order Order Granting The City of College Station Defendants' Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c))(Shank, Daniel)
April 21, 2010 Opinion or Order Filing 118 ORDER striking #115 Cross-Motion to dismiss intentional tort claims against all defendants.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
April 21, 2010 Opinion or Order Filing 117 ORDER denying #113 Motion for Extension of Time to Amend Complaint.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
April 20, 2010 Filing 116 RESPONSE to #113 Opposed MOTION for Extension of Time filing amended complaint filed by Tyrone Morrow. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion for Extension of Time to Amend Complaint and Motion to Amend Complaint)(Krueger, William)
April 19, 2010 Filing 115 RESPONSE in Opposition to #110 MOTION to Amend Complaint, #113 Opposed MOTION for Extension of Time filing amended complaint, and Cross-Motion to dismiss Intentional Tort Claims Against All Defendants Pursuant to the Texas Tort Claims Act, filed by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape. (Attachments: #1 Proposed Order)(Shank, Daniel)
April 12, 2010 Opinion or Order Filing 114 ORDER for expedited response ; Motion-related deadline set re: #113 Opposed MOTION for Extension of Time filing amended complaint Responses due by 4/20/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
April 10, 2010 Filing 113 Opposed MOTION for Extension of Time filing amended complaint by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed. Motion Docket Date 5/3/2010. (Attachments: #1 Exhibit A (Proposed Fourth Amended Complaint), #2 Proposed Order)(Clevenger, Ty)
April 1, 2010 Opinion or Order Filing 112 ORDER striking #110 Motion to Amend complaint for lack of compliance with L.R.7.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
March 31, 2010 Filing 111 INITIAL DISCLOSURES by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed.(Clevenger, Ty)
March 31, 2010 Filing 110 Plaintiff's Motion to Amend Complaint. (Attachments: #1 Complaint (Exhibit A - proposed Fourth Amended Complaint), #2 Exhibit A (to the Fourth Amended Complaint))(Clevenger, Ty) Modified on 4/1/2010 (jhancock).
March 31, 2010 Filing 109 INITIAL DISCLOSURES by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape, filed. (Attachments: #1 Exhibit Exhibit A)(Shank, Daniel)
March 31, 2010 Filing 108 INITIAL DISCLOSURES by Tyrone Morrow, filed.(Krueger, William)
March 30, 2010 Filing 107 CERTIFICATE OF INTERESTED PARTIES by Brazos County, Texas, Peter Glidewell, Scott Hines, Christopher Kirk, filed.(Belk, John)
March 23, 2010 Opinion or Order Filing 106 MEMORANDUM OPINION AND ORDER granting #87 MOTION for Judgment on the pleadings.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
March 22, 2010 Filing 105 REPLY to Response to #87 MOTION for JUDGMENT ON THE PLEADINGS - Judgment, filed by City of Bryan, Texas. (Viada, Ramon)
March 19, 2010 Filing 104 CERTIFICATE OF INTERESTED PARTIES by City of Bryan, Texas, filed.(Viada, Ramon)
March 19, 2010 Filing 103 CERTIFICATE OF INTERESTED PARTIES by City of Bryan, Texas, filed.(Viada, Ramon) Modified on 3/19/2010 (ncavazos, ). Call from Attorney's office - document filed in error - Attorney to refile in correct case
March 15, 2010 Filing 102 RESPONSE in Opposition to #87 MOTION for JUDGMENT ON THE PLEADINGS - Judgment, filed by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer. (Attachments: #1 Proposed Order)(Clevenger, Ty)
March 10, 2010 Filing 101 REPLY in Support of #53 MOTION to Dismiss Rule 12(b)(6) or in the Alternative, Rule 56 Motion for Summary Judgment, filed by Tyrone Morrow. (Krueger, William)
March 8, 2010 Filing 100 REPLY to #42 MOTION for Rule 7(a) Reply, filed by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer. (Burns, Jeffrey)
March 8, 2010 Filing 99 Third AMENDED COMPLAINT with Jury Demand against Sandra Portzer, Thomas Chavers, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., Brazos Valley Carriage Company, L.P. filed by Sandra Portzer, Thomas Chavers, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., Brazos Valley Carriage Company, L.P..(Burns, Jeffrey)
March 8, 2010 Opinion or Order Filing 98 ORDER denying #84 Motion for More Definite Statement and Rule 7(A) Reply; denying #84 Motion for Protection from Discovery.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
March 8, 2010 Filing 97 REPLY in Support of #84 MOTION for More Definite Statement MOTION for Protective Order, filed by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape. (Shank, Daniel)
March 2, 2010 Filing 96 PROPOSED ORDER re: #95 Response in Opposition to Motion,, filed.(Clevenger, Ty)
February 26, 2010 Filing 95 RESPONSE in Opposition to #84 MOTION for More Definite Statement MOTION for Protective Order, filed by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer. (Clevenger, Ty)
February 26, 2010 Filing 94 NOTICE of Change of Address by William W. Krueger, III, counsel for Tyrone Morrow, filed. (Krueger, William)
February 26, 2010 Filing 93 CERTIFICATE OF INTERESTED PARTIES by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed.(Burns, Jeffrey)
February 25, 2010 Opinion or Order Filing 92 ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on 2/23/10 Appearances: Jeffrey M Burns, Ty Odell Clevenger, John W Belk, Daniel F Shank, Ramon G. Viada, William W Krueger. ETT: 40 hours. Jury Trial. Joinder of Parties due by 3/31/2010, Pltf Expert Report due by 9/1/2010, Deft Expert Report due by 10/1/2010, Discovery due by 11/30/2010, Dispositive Motion Filing due by 11/30/2010, Docket Call set for 1/10/2011 at 11:30 AM in Courtroom 11A before Judge Kenneth M. Hoyt. The initial disclosures are due on or before March 31, 2010 pursuant to FRCP 26(f).(Signed by Judge Kenneth M. Hoyt) Parties notified.(dgould)
February 25, 2010 ***Set/Reset Deadlines: Initial Disclosures due by 3/31/2010 (dgould)
February 25, 2010 Opinion or Order Filing 91 ORDER granting #42 Request for a Rule 7(a); pltfs to file a reply in accordance with FRCP 7(a), w/i 10 days. ( Notice of Compliance due by 3/8/2010).(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 25, 2010 Opinion or Order Filing 90 ORDER granting #60 Motion to Dismiss Texas Tort Claims against City Employees.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 24, 2010 Filing 89 CERTIFICATE OF INTERESTED PARTIES by Tyrone Morrow, filed.(Krueger, William)
February 23, 2010 Filing 88 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape, filed.(Shank, Daniel)
February 22, 2010 Filing 87 MOTION for JUDGMENT ON THE PLEADINGS - Judgment by City of Bryan, Texas, filed. Motion Docket Date 3/15/2010. (Attachments: #1 Exhibit Affidavit of Cynthia Bowman, #2 Exhibit Chavers v. Morrow, #3 Exhibit Duran v. City of Corpus Christi, #4 Proposed Order)(Viada, Ramon)
February 19, 2010 ***Set/Reset Hearings: (TIME CHANGE ONLY) Telephone Scheduling Conference reset for 2/23/2010 at 03:00 PM before Judge Kenneth M. Hoyt (dpalacios, )
February 17, 2010 Opinion or Order Filing 86 ORDER for expedited response ; Motion-related deadline set re: #84 MOTION for More Definite Statement MOTION for Protective Order Responses due by 2/26/2010.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 16, 2010 Opinion or Order Filing 85 ORDER granting #83 Motion to Lift Stay.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 16, 2010 Filing 84 MOTION for More Definite Statement, MOTION for Protective Order( Motion Docket Date 3/9/2010.) by Glen Brown, City of College Station, Texas, Rachel Falwell, Michael Ikner, Walters Sayers, Karla Wiesepape, filed. (Attachments: #1 Proposed Order)(Shank, Daniel)
February 15, 2010 Filing 83 Unopposed MOTION to Lift Stay by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed. Motion Docket Date 3/8/2010. (Burns, Jeffrey)
February 12, 2010 Filing 82 ANSWER to #57 Amended Complaint/Counterclaim/Crossclaim etc. by Scott Hines, filed.(Belk, John)
February 12, 2010 Filing 81 ANSWER to #57 Amended Complaint/Counterclaim/Crossclaim etc. by Christopher Kirk, filed.(Belk, John)
February 12, 2010 Filing 80 ANSWER to #57 Amended Complaint/Counterclaim/Crossclaim etc. by Peter Glidewell, filed.(Belk, John)
February 11, 2010 Opinion or Order Filing 79 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Telephone Conference set for 2/23/2010 at 08:30 AM by telephone before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 1, 2010 Filing 78 Copy of Bill of Costs by USCA in the amount of $74.28 against Appellant (USCA No. 09-20006), filed.(mmapps, )
February 1, 2010 Opinion or Order Filing 77 Order of USCA; USCA No. 09-20006. AFFIRMED, filed.(mmapps, )
February 1, 2010 Opinion or Order Filing 76 Order of USCA; judgment issued as mandate 1/20/2010 re: #34 Notice of Appeal, ; USCA No. 09-20006. that the judgment of the District Court is affirmed.....FURTHER ORDERED that plaintiffs-appellants pay to defendants-appellees the costs on appeal to be taxed by the Clerk of this Court, filed.(mmapps, )
December 22, 2009 Filing 75 Copy of Motion for Rehearing before Appellate Court by All American Roadrunners, L.P., Brazos Valley Carriage Company, L.P., Brazos Valley Roadrunners, L.P., Thomas Chavers, Sandra Portzer, filed.(Clevenger, Ty)
April 24, 2009 Filing 74 SUPPLEMENT Transmittal Letter on Appeal Certified re: #34 Notice of Appeal,. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 2 volumes. (USCA No. 09-20006), filed. Tracking #1Z7262750343813781(mmar, )
April 20, 2009 Electronic record on appeal SUPPLEMENT certified to the Fifth Circuit Court of Appeals re: #34 Notice of Appeal, #41 USCA Case Number USCA No. 09-20006, filed.(mmar, )
March 6, 2009 Filing 73 ANSWER to #57 Amended Complaint/Counterclaim/Crossclaim etc. by Michael Ikner, Glen Brown, Karla Wiesepape, Rachel Falwell, Walters Sayers, City of College Station, Texas, filed.(Shank, Daniel)
March 5, 2009 ***The telephone scheduling conference set for 3/16/09 is cancelled in light of the Court's #69 order granting stay pending ruling by the Circuit Court. Deadlines terminated. (dpalacios, )
March 4, 2009 Filing 72 CERTIFICATE OF INTERESTED PARTIES by Tyrone Morrow, filed.(Krueger, William)
March 2, 2009 Opinion or Order Filing 71 ORDER granting #70 Motion to Supplement the record in support of motion to dismiss or, in the alternative, for summary judgment. The affidavit of Patty Riley shall be considered in support of pltf's response.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 26, 2009 Filing 70 Unopposed MOTION to Supplement Record as to #63 Response in Opposition to Motion,,, by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 3/18/2009. (Attachments: #1 Exhibit 1 (Affidavit of Patty Riley), #2 Proposed Order)(Clevenger, Ty)
February 26, 2009 Opinion or Order Filing 69 ORDER withdrawing #47 Order that denied #35 motion to stay and Granting #35 MOTION to Stay. All pending motions are suspended, pending the Circuit Court's review of the Court's opinion.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 25, 2009 Opinion or Order Filing 68 ORDER denying pltfs' motion to strike various portions of the affidavit of Tyrone Morrow dated 2/9/09.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 25, 2009 Opinion or Order Filing 67 ORDER re: #53 Motion to Dismiss. The abuse of process claim against deft Morrow is dismissed with prejudice.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 25, 2009 Opinion or Order Filing 66 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Telephone Conference set for 3/16/2009 at 03:30 PM by telephone before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 24, 2009 Opinion or Order Filing 65 ORDER granting #55 Motion for Protective Order. All discovery and disclosure obligations of Deft Tyrone Morrow are stayed pending adjudication of Deft Morrow's qualified and official immunities.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 24, 2009 Filing 64 ANSWER to #57 Amended Complaint/Counterclaim/Crossclaim etc. by City of Bryan, Texas, filed.(Strayer, Stefanie)
February 23, 2009 Filing 63 RESPONSE in Opposition to #53 MOTION to Dismiss Rule 12(b)(6) or in the Alternative, Rule 56 Motion for Summary Judgment, #55 MOTION for Protective Order, #54 MOTION to Dismiss #53 MOTION to Dismiss Rule 12(b)(6) or in the Alternative, Rule 56 Motion for Summary Judgment MOTION to Dismiss #53 MOTION to Dismiss Rule 12(b)(6) or in the Alternative, Rule 56 Motion for Summary Judgment, filed by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P.. (Attachments: #1 Exhibit 1 (document from Secretary of State), #2 Exhibit 2 (affidavit of Thomas Chavers), #3 Proposed Order 1 (denying motion for protection), #4 Proposed Order 2 (granting motion to strike), #5 Proposed Order 3 (denying motion to dismiss))(Clevenger, Ty)
February 23, 2009 Filing 62 First AMENDED ANSWER to #57 Amended Complaint/Counterclaim/Crossclaim etc. by Tyrone Morrow, filed. (Krueger, William)
February 23, 2009 Filing 61 WAIVER OF SERVICE Returned Executed as to Glen Brown served on 2/12/2009, answer due 4/13/2009, filed.(Shank, Daniel)
February 23, 2009 Filing 60 MOTION to Dismiss Texas Tort Claims Against City Employees Under Tex. Civ. Prac. & Rem. Code 101.106 by City of Bryan, Texas, filed. Motion Docket Date 3/16/2009. (Attachments: #1 Proposed Order)(Strayer, Stefanie)
February 12, 2009 Opinion or Order Filing 59 ORDER for expedited response ; Motion-related deadline set re: #55 MOTION for Protective Order Responses due by 2/23/2009.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 11, 2009 Filing 58 DKT-13 TRANSCRIPT ORDER FORM by Ty Clevenger. Transcript is already on file in Clerks office. Court Reporter/Transcriber: Gayle Dye. This order form relates to the following: #34 Notice of Appeal,, filed.(aalonzo, )
February 11, 2009 Filing 57 SECOND AMENDED Complaint against all defendants filed by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P..(dpalacios, )
February 11, 2009 Opinion or Order Filing 56 ORDER granting #51 Motion for Extension of Time to file amended complaint.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
February 11, 2009 Filing 55 MOTION for Protective Order by Tyrone Morrow, filed. Motion Docket Date 3/3/2009. (Attachments: #1 Proposed Order Granting Chief Tyrone Morrow's Motion for Protection From Discovery)(Krueger, William)
February 11, 2009 Filing 54 Proposed Orders to: MOTION to Dismiss #53 MOTION to Dismiss Rule 12(b)(6) or in the Alternative, Rule 56 Motion for Summary Judgment by Tyrone Morrow, filed. Motion Docket Date 3/3/2009. (Attachments: #1 Proposed Order Rule 12(b)(6) Motion to Dismiss, #2 Proposed Order Rule 56 Motion for Summary Judgment)(Krueger, William) Modified on 2/26/2010 (dpalacios, ).
February 11, 2009 Filing 53 MOTION to Dismiss Rule 12(b)(6) or in the Alternative, Rule 56 Motion for Summary Judgment by Tyrone Morrow, filed. Motion Docket Date 3/3/2009. (Attachments: #1 Appendix In Support of Motion to Dismiss)(Krueger, William)
February 9, 2009 Filing 52 PROPOSED ORDER re: #51 MOTION for Extension of Time Amend Complaint, filed.(Clevenger, Ty)
February 9, 2009 Filing 51 MOTION for Extension of Time Amend Complaint by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 3/2/2009. (Attachments: #1 Exhibit 1 (Affidavit of Ty Clevenger), #2 Exhibit 2 (Motion to Amend Complaint), #3 Exhibit 3 (Second Amended Complaint))(Clevenger, Ty)
February 3, 2009 Opinion or Order Filing 50 ORDER Striking Document re: #48 MOTION to Amend #1 Complaint, #49 MOTION to Amend #1 Complaint. Motion(s) does not comply with Local Rules.(Signed by Judge Kenneth M. Hoyt) Parties notified.(kcarr, )
January 31, 2009 Filing 49 MOTION to Amend #1 Complaint, by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 2/20/2009. (Attachments: #1 Exhibit 1 (Proposed Second Amended Complaint))(Clevenger, Ty)
January 30, 2009 Filing 48 MOTION to Amend #1 Complaint, by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 2/19/2009. (Attachments: #1 Exhibit 1 (Proposed First Amended Complaint))(Clevenger, Ty)
January 27, 2009 Opinion or Order Filing 47 (This Order was Withdrawn per #69 Order) ORDER denying #35 Motion to Stay.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, ) Modified on 2/26/2009 (dpalacios, ).
January 26, 2009 Filing 46 PROPOSED ORDER Denying Plaintiff's re: #35 MOTION to Stay and Brief in Support, filed.(Krueger, William)
January 23, 2009 Filing 45 PROPOSED ORDER re: #35 MOTION to Stay and Brief in Support, filed.(Clevenger, Ty)
January 22, 2009 Filing 44 PROPOSED ORDER Denying Motion to Stay Proceedings Pending Appeal re: #35 MOTION to Stay and Brief in Support, filed.(Viada, Ramon)
January 20, 2009 Filing 43 Joint RESPONSE in Opposition to #35 MOTION to Stay and Brief in Support, filed by Tyrone Morrow, City of Bryan, Texas. (Krueger, William)
January 16, 2009 Filing 42 ANSWER to Complaint, Affirmative Defenses, and MOTION Request for Rule 7(a) Reply by Tyrone Morrow, filed.(Krueger, William) (Motion Docket Date 2/5/09) Modified on 1/21/2009 (dpalacios, ).
January 15, 2009 Filing 41 Notice of Assignment of USCA No. 09-20006 re: #34 Notice of Appeal,, filed.(jewilliams, )
January 15, 2009 Filing 40 Transmittal Letter on Appeal Certified re: #34 Notice of Appeal,. CDs containing the electronic record are being sent to Clevenger, Shank, and Viada. (USCA No. 09-20006), filed.(hler, )
January 9, 2009 Opinion or Order Filing 39 ORDER for pltfs to amend pleadings to conform to law and FRCP Rules 8, 9(a) and 11; otherwise, Court will proceed to address the deft's motion to dismiss for failure to state a claim. Amended Pleadings due by 1/30/2009.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
January 5, 2009 Filing 38 Transmittal Letter on Appeal Certified re: #34 Notice of Appeal,. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 6 volumes, filed.(hler, )
January 5, 2009 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #34 Notice of Appeal,, filed.(hler, )
December 31, 2008 Filing 37 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #34 Notice of Appeal,, filed.(hler, )
December 30, 2008 Opinion or Order Filing 36 ORDER granting #33 Unopposed MOTION to Substitute Attorney John W. Belk in place of Tina Louann Snelling ; Attorney John W Belk for Brazos County, Texas added Attorney Tina Louann Snelling terminated.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
December 30, 2008 Filing 35 MOTION to Stay and Brief in Support by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 1/20/2009. (Burns, Jeffrey)
December 30, 2008 Filing 34 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #28 Order on Motion for Reconsideration by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P. (Filing fee $ 455, receipt number 05410000000004543116), filed.(Burns, Jeffrey)
December 30, 2008 Filing 33 Unopposed MOTION No, Unopposed MOTION to Substitute Attorney John W. Belk in place of Tina Louann Snelling( Motion Docket Date 1/20/2009.) by Brazos County, Texas, filed. (Belk, John)
December 22, 2008 Filing 32 Notice of Filing of Official Transcript as to #30 Transcript, #31 Transcript. Party notified, filed. (jegonzalez, )
December 18, 2008 Filing 31 TRANSCRIPT re: Hearing held on 11-18-2008 before Judge Kenneth M. Hoyt. Court Reporter/Transcriber Dye. Release of Transcript Restriction set for 3/18/2009., filed. (gdye, ) Modified on 1/27/2011 (smurdock, ).
December 18, 2008 Filing 30 TRANSCRIPT re: Telephone conference held on 12-10-2008 before Judge Kenneth M. Hoyt. Court Reporter/Transcriber Dye. Release of Transcript Restriction set for 3/18/2009., filed. (gdye, )
December 16, 2008 Filing 29 AO 435 TRANSCRIPT ORDER FORM by Jeffrey M Burns. This is to order a transcript of Telephone Hearing/Injunction Hearing held on 11/10/08: 11/18/08 before Judge Kenneth M. Hoyt (Original). Court Reporter/Transcriber: Gayle Dye, filed. (smurdock, )Court Reporter Dye notified of ordinary transcript order 12/17/2008. Modified on 12/17/2008 (dclark, ).
December 15, 2008 Opinion or Order Filing 28 ORDER denying #26 Motion for Reconsideration.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
December 15, 2008 Filing 27 MOTION to Dismiss For Failure to State a Claim by City of Bryan, Texas, filed. Motion Docket Date 1/5/2009. (Attachments: #1 Affidavit Affidavit of City Secretary, #2 Proposed Order)(Viada, Ramon)
December 10, 2008 Filing 26 MOTION for Reconsideration of #25 Memorandum and Order by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 12/30/2008. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Clevenger, Ty)
December 4, 2008 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER denying #2 MOTION for temporary restraining order and application for a preliminary injunction, denying #12 Renewed MOTION for Temporary Restraining Order.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
December 1, 2008 Filing 24 Supplemental RESPONSE Brief, filed by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Clevenger, Ty)
November 18, 2008 Filing 23 Minute Entry for proceedings held before Judge Kenneth M. Hoyt. Proceedings held on 11/18/2008 ; Argument heard on the issue of injunctive relief and standing. Pltf to file any reply to the #12 Renewed MOTION for Temporary Restraining Order by 12/1/2008. The Court will determine its need for testimony and/or rule on the standing issue and qualification issues by 12/2/08. Appearances: Bill Youngkin, Jeffrey M Burns, William Krueger, Daniel F Shank, Tina Louann Snelling, Ramon G. Viada, III.(Court Reporter: G. Dye), filed.(dpalacios, )
November 18, 2008 Filing 22 RESPONSE in Opposition to #12 Renewed MOTION for Temporary Restraining Order, #2 MOTION for Temporary Restraining Order, filed by City of Bryan, Texas. (Attachments: #1 Proposed Order)(Viada, Ramon)
November 17, 2008 Filing 21 ANSWER to Complaint by Brazos County, Texas, filed.(Snelling, Tina)
November 17, 2008 Filing 20 RESPONSE in Opposition to #12 Renewed MOTION for Temporary Restraining Order, #2 MOTION for Temporary Restraining Order, filed by Brazos County, Texas. (Snelling, Tina)
November 17, 2008 Filing 19 RESPONSE to #12 Renewed MOTION for Temporary Restraining Order, filed by Michael Ikner, City of College Station, Texas. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Shank, Daniel)
November 17, 2008 Filing 18 ANSWER to #1 Complaint, by Michael Ikner, City of College Station, Texas, filed.(Shank, Daniel)
November 17, 2008 Filing 17 WAIVER OF SERVICE Returned Executed as to Tyrone Morrow served on 11/17/2008, answer due 1/16/2009, filed.(Burns, Jeffrey)
November 17, 2008 Filing 16 WAIVER OF SERVICE Returned Executed as to Brazos County, Texas served on 11/17/2008, answer due 1/16/2009, filed.(Burns, Jeffrey)
November 17, 2008 Filing 15 STIPULATION re: Stipulation of Facts by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed.(Burns, Jeffrey)
November 17, 2008 Summons Issued as to City of College Station, Texas, filed.(kstrouse, )
November 17, 2008 Summons Issued as to City of Bryan, Texas, filed.(kstrouse, )
November 17, 2008 Summons Issued as to Brazos County, Texas, filed.(kstrouse, )
November 13, 2008 Filing 14 AFFIDAVIT of Sandra Portzer re: #12 Renewed MOTION for Temporary Restraining Order, filed.(Burns, Jeffrey)
November 13, 2008 Filing 13 PROPOSED ORDER re: #12 Renewed MOTION for Temporary Restraining Order, filed.(Burns, Jeffrey)
November 12, 2008 Filing 12 Renewed MOTION for Temporary Restraining Order by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 12/2/2008. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I)(Clevenger, Ty)
November 12, 2008 Filing 11 NOTICE of Appearance by Ramon G. Viada III and Stefanie A. Strayer on behalf of City of Bryan, Texas, filed. (Viada, Ramon)
November 12, 2008 Filing 10 NOTICE of Appearance by Bill Youngkin on behalf of Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. (Burns, Jeffrey)
November 12, 2008 Filing 9 NOTICE of Appearance by Jeffrey M. Burns on behalf of Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. (Burns, Jeffrey)
November 10, 2008 Opinion or Order Filing 8 ORDER following telephone conference, denying #2 MOTION for Temporary Restraining Order and setting hearing on issues of standing and injunctive relief ( Injunction Hearing set for 11/18/2008 at 11:00 AM in Courtroom 11A before Judge Kenneth M. Hoyt).(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
November 7, 2008 Filing 7 NOTICE of TRO Hearing by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. (Clevenger, Ty)
November 7, 2008 Filing 6 NOTICE of Reassignment. Case reassigned to Judge Kenneth M. Hoyt. Judge Vanessa D Gilmore no longer assigned to the case. Parties notified, filed. (dhansen, )
November 7, 2008 Opinion or Order Filing 5 RECUSAL ORDER. Judge Vanessa D Gilmore recused. Deadlines in scheduling orders subsist. Court settings are vacated..(Signed by Judge Vanessa D Gilmore) Parties notified.(ypippin, )
November 7, 2008 Filing 4 MOTION to Disqualify Judge Vanessa Gilmore by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 11/28/2008. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Appendix B)(Clevenger, Ty)
November 6, 2008 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/20/2009 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore.( Judge Vanessa D Gilmore) (Attachments: #1 Judge's Procedure) Parties notified.(blacy, )
November 6, 2008 Filing 2 MOTION for Temporary Restraining Order by Brazos Valley Carriage Company, L.P., Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P., filed. Motion Docket Date 11/26/2008. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Clevenger, Ty)
November 5, 2008 Filing 1 COMPLAINT against all defendants (Filing fee $ 350 receipt number 05410000000004370771) filed by Brazos Valley Carriage Company, L.P., Michael Ikner, Thomas Chavers, Sandra Portzer, All American Roadrunners, L.P., Brazos Valley Roadrunners, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Clevenger, Ty) Modified on 11/6/2008 (dhansen, ).

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Search for this case: Chavers et al v. Morrow et al
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Plaintiff: Thomas Chavers
Represented By: Ty Clevenger
Represented By: Jeffrey M Burns
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Plaintiff: Sandra Portzer
Represented By: Ty Clevenger
Represented By: Jeffrey M Burns
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Plaintiff: All American Roadrunners, L.P.
Represented By: Jeffrey M Burns
Represented By: Ty Clevenger
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Plaintiff: Brazos Valley Roadrunners, L.P.
Represented By: Ty Clevenger
Represented By: Jeffrey M Burns
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Plaintiff: Brazos Valley Carriage Company, L.P.
Represented By: Ty Clevenger
Represented By: Jeffrey M Burns
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Defendant: Tyrone Morrow
Represented By: William W Krueger, III
Represented By: Kevin M Curley
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Defendant: City of Bryan, Texas
Represented By: Ramon G. Viada, III
Represented By: Stefanie Ann Strayer
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Defendant: City of College Station, Texas
Represented By: Daniel F Shank
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Defendant: Brazos County, Texas
Represented By: John W Belk
Represented By: Tina Louann Snelling
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Defendant: Michael Ikner
Represented By: Daniel F Shank
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Defendant: Mr. Glen Brown
Represented By: Daniel F Shank
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Defendant: Christopher Kirk
Represented By: John W Belk
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Defendant: David Watkins
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Defendant: Scott Hines
Represented By: John W Belk
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Defendant: Karla Wiesepape
Represented By: Daniel F Shank
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Defendant: Rachel Falwell
Represented By: Daniel F Shank
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Defendant: Walters Sayers
Represented By: Daniel F Shank
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Defendant: Peter Glidewell
Represented By: John W Belk
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Defendant: Randall Hall
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Defendant: Jeffrey Winney
Represented By: Daniel F Shank
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