Burks v. Montgomery County et al
| Terrence Burks |
| Deputy Clifford Wood, Montgomery County, Deputy Cory Brown, Deputy M. Jones, Michael Landrum, Melvin Franklin and Phillip Schumpe |
| 4:2020cv03882 |
| November 16, 2020 |
| US District Court for the Southern District of Texas |
| Lynn N Hughes |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on May 17, 2022. A more recent docket listing may be available from PACER.
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Filing 38
FINAL DISMISSAL (Signed by Judge Lynn N Hughes) Parties notified.(jguajardo, 4)
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Filing 37
Conditional DISMISSAL. Having been advised the parties settled, this case is dismissed with prejudice. By 5/13/2022, the parties may move for reinstatement. Case terminated on 3/30/2022. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Minute Entry for proceedings held before Magistrate Judge Peter Bray. SETTLEMENT CONFERENCE held on 3/29/2022. Case settled. Terms announced on the record. Appearances: Daniel Plake, Alexander Jordan Houthuijzen.(ERO:Yes), filed.(jmarchand, 4)
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Filing 36
ORDER RESETTING MEDIATION.Mediation Statement due 3/23/2022. Settlement Conference set for 3/29/2022 at 01:00 PM in by video before Magistrate Judge Peter Bray. Telephone Conference set for 3/28/2022 at 09:30 AM by video before Magistrate Judge Peter Bray(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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Filing 35
ORDER Submission Date 1/19/2022. Settlement Conference set for 1/25/2022 at 01:00 PM in Courtroom 703 before Magistrate Judge Peter Bray. Telephone Conference set for 1/24/2022 at 01:00 PM by video before Magistrate Judge Peter Bray(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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Filing 34
ORDER to Mediate terminating #33 . This case is referred for mediation to Magistrate Judge Peter Bray. Mediation must occur by 3/15/2022. Everything is stayed except for extraordinary emergency motions. Internal review set for 3/28/2022. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 33
Unopposed MOTION for Referral to ADR by Terrence Burks, filed. Motion Docket Date 8/31/2021. (Attachments: #1 Proposed Order Proposed Order)(Houthuijzen, Alexander)
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Filing 32
ORDER on Dismissal denying without prejudice #6 Motion for Summary Judgment.(Signed by Judge Lynn N Hughes) Parties notified.(gkelner, 4)
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Filing 31
ORDER on Dismissal. Montgomery County's motion to dismiss is denied as moot #4 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 30
JUDGMENT. The policy, pattern and practice, and failure to train claims by Burks against Montgomery County will be dismissed #24 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 29
OPINION on Partial Dismissal. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 28
REPLY in Support of #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , partial dismissal of all claims based on policy and pattern and practice, filed by Deputy Cory Brown, Melvin Franklin, Deputy M. Jones, Michael Landrum, Montgomery County, Phillip Schumpe, Deputy Clifford Wood. (Plake, Daniel)
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Filing 27
RESPONSE in Opposition to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , partial dismissal of all claims based on policy and pattern and practice, filed by Terrence Burks. (Houthuijzen, Alexander)
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Filing 26
NOTICE of status and next steps by Deputy Cory Brown, Melvin Franklin, Deputy M. Jones, Michael Landrum, Montgomery County, Phillip Schumpe, Deputy Clifford Wood, filed. (Plake, Daniel)
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Filing 25
ANSWER to #19 Amended Complaint/Counterclaim/Crossclaim etc., with Jury Demand by Deputy Cory Brown, Melvin Franklin, Deputy M. Jones, Michael Landrum, Montgomery County, Phillip Schumpe, Deputy Clifford Wood, filed.(Plake, Daniel)
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Filing 24
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , partial dismissal of all claims based on policy and pattern and practice by Montgomery County, filed. Motion Docket Date 5/21/2021. (Plake, Daniel)
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Filing 23
WAIVER OF SERVICE Returned Executed as to Melvin Franklin served on 3/30/2021, answer due 6/1/2021; Deputy M. Jones served on 3/30/2021, answer due 6/1/2021; Michael Landrum served on 3/30/2021, answer due 6/1/2021; Phillip Schumpe served on 3/30/2021, answer due 6/1/2021, filed.(Houthuijzen, Alexander)
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Filing 22
Partial DISMISSAL. On the parties' notice, Burks's claims against Deputy Cory Brown are dismissed with prejudice #21 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 21
NOTICE of Dismissal as to Deputy Cory Brown by Terrence Burks, filed. (Houthuijzen, Alexander)
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Filing 20
STATUS REPORT by Deputy Cory Brown, Montgomery County, Deputy Clifford Wood, filed.(Plake, Daniel)
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Filing 19
AMENDED COMPLAINT with Jury Demand against Montgomery County, Deputy Clifford Wood, Deputy M. Jones, Michael Landrum, Melvin Franklin, Phillip Schumpe filed by Terrence Burks. Related document: #1 Complaint filed by Terrence Burks. (Attachments: #1 Exhibit, #2 Exhibit)(Houthuijzen, Alexander)
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Filing 18
ORDER to Report. By 3/22/2021, the parties must jointly report the status of this case and the next steps to advance this litigation. Internal review set for 3/29/2021. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 17
Minute Entry for INITIAL CONFERENCE held before Judge Lynn N Hughes on 3/1/2021. Order to be entered. Internal review set for 3/29/2021. Appearances: Alexander Houthuijzen, Daniel Plake. (Court Reporter: S. Gumm) (ghassan, 4)
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Filing 16
Order Resetting Conference. Initial Conference reset for 3/1/2021 at 11:00 AM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 15
RESPONSE in Opposition to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Terrence Burks. (Houthuijzen, Alexander)
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ORAL ORDER: The 2/17/2021 initial conference is cancelled and will be reset. (Signed by Judge Lynn N Hughes) Parties notified.(ghassan, 4)
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Filing 14
Order Resetting Conference terminating #13 . Initial Conference reset for 2/17/2021 at 02:30 PM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 13
Unopposed EMERGENCY MOTION, MOTION To appear by phone/virtually or reschedule initial conference( Motion Docket Date 3/1/2021.) by Deputy Cory Brown, Montgomery County, Deputy Clifford Wood, filed. (Attachments: #1 Proposed Order)(Plake, Daniel)
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Filing 12
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Terrence Burks, filed.(Houthuijzen, Alexander)
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Filing 11
EXHIBITS re: #6 MOTION for Summary Judgment by Montgomery County, filed. (Attachments: #1 Located in Green Folder in clerk's office)(ShoshanaArnow, 4)
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Filing 10
Extension Order. By February 16, 2021, Terrence Burks must respond to Montgomery County's motion to dismiss. #9 (Signed by Judge Lynn N Hughes) Parties notified.(ShoshanaArnow, 4)
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Filing 9
Unopposed MOTION for Extension of Time Deadline for Response to Montgomery County's Motion to Dismiss by Terrence Burks, filed. Motion Docket Date 2/11/2021. (Attachments: #1 Proposed Order)(Houthuijzen, Alexander)
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Filing 8
CERTIFICATE OF INTERESTED PARTIES by Terrence Burks, filed.(Houthuijzen, Alexander)
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Filing 7
CERTIFICATE OF INTERESTED PARTIES by Deputy Cory Brown, Montgomery County, Deputy Clifford Wood, filed.(Plake, Daniel)
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Filing 6
MOTION for Summary Judgment by Deputy Cory Brown, Deputy Clifford Wood, filed. Motion Docket Date 2/10/2021. (Attachments: #1 Exhibit 911 audio, #2 Exhibit dash cam - Woods, #3 dash cam - Jones, #4 Texas Penal Code excerpts, #5 Affidavit of Cory Brown)(Plake, Daniel)
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Filing 5
ANSWER to #1 Complaint with Jury Demand by Deputy Cory Brown, Montgomery County, Deputy Clifford Wood, filed.(Plake, Daniel)
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Filing 4
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Montgomery County, filed. Motion Docket Date 2/4/2021. (Plake, Daniel)
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Filing 3
WAIVER OF SERVICE Returned Executed as to All Defendants, filed. (Attachments: #1 Waiver - Cory Brown, #2 Waiver - Montgomery County)(Houthuijzen, Alexander)
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Filing 2
ORDER FOR CONFERENCE. Initial Conference set for 2/8/2021 at 03:00 PM in Room 11122 before Judge Lynn N Hughes (Signed by Judge Lynn N Hughes) Parties notified.(RubenCastroadi, 4)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-25512362) filed by Terrence Burks.(Houthuijzen, Alexander)
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