Torres v. City of Houston et al
| Jose Jose Torres |
| City of Houston and Lauren Bard |
| 4:2012cv02323 |
| August 6, 2012 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Anderson |
| Nancy F. Atlas |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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| Document Text |
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Filing
31
MEMORANDUM AND ORDER granting 23 Defendant Lauren Bard's Motion for Summary Judgment; granting 24 City of Houston's Motion to Dismiss for Failure to State a Claim, and requiring Plaintiff's counsel to complete CLE requirements.(Signed by Judge Nancy F. Atlas) Parties notified.(TDR)
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Filing
12
MEMORANDUM AND ORDER Defendant Lauren Bards Motion to Dismiss [Doc. # 4] is GRANTED and the claims against her are DISMISSED WITH PREJUDICE. It is furtherORDERED that Defendant City of Houstons Motion to Dismiss [Doc. # 5] is GRANTED to the extent t hat the state law claims, the § 1985 claim, the § 1983 claim based on ratification, and the claim for punitive damages against it are DISMISSED. It is furtherORDERED that any claims that may be asserted against N.R. Barn or N.R. Barnes are DISMISSED. It is furtherORDERED that Plaintiff shall file an Amended Complaint against only the City of Houston and/or the police officer individually, and asserting only a claim under § 1983, by January 14, 2013. Plaintiffs Amended Complaint must contain factual allegations in support of his § 1983 claim and may not be based on conclusory allegations that merely track the legal requirements for a § 1983 claim. Additionally, Plaintiff is cautioned that the Amended Complaint mu st comply with the requirements of Rule 11 of the Federal Rules of Civil Procedure. Failure to file a proper amended complaint by the January 14, 2013 deadline will result in dismissal of this lawsuit for failure to prosecute and for failure violati on of this Order. It is furtherORDERED that the initial pretrial conference is rescheduled to January 28, 2013, at 1:00 p.m. ( Initial Conference set for 1/28/2014 at 01:00 PM in Courtroom 9F before Judge Nancy F. Atlas)(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
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