Estate of Rhogena Ann Nicholas et al
Petitioner: Estate of Rhogena Ann Nicholas and Estate of Dennis Tuttle
Interested Party: City Of Houston
Case Number: 4:2020cv04287
Filed: December 17, 2020
Court: US District Court for the Southern District of Texas
Presiding Judge: Kenneth M Hoyt
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2021 Opinion or Order Filing 19 ORDER granting #17 Motion to Withdraw as Attorney. Attorney Jennifer F Callan terminated.(Signed by Judge Kenneth M Hoyt) Parties notified.(gkelner, 4)
January 22, 2021 Filing 18 DKT13 TRANSCRIPT ORDER REQUEST by Christy L. Martin. This is to order a transcript of Telephone Scheduling Conference, 01/04/2021, Hon. Kenneth M. Hoyt. Court Reporter/Transcriber: Heather Alcaraz. This order form relates to the following: #14 Notice of Appeal, filed.(Martin, Christy)
January 22, 2021 Filing 17 Unopposed MOTION for Jennifer F. Callan to Withdraw as Attorney by City Of Houston, filed. Motion Docket Date 2/12/2021. (Attachments: #1 Proposed Order)(Callan, Jennifer)
January 14, 2021 Electronic Access to Record on Appeal Provided re: #14 Notice of Appeal to Michael Timothy Gallagher, Michael Patrick Doyle, and Christy Lynn Martin. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 21-20015), filed. (rnieto, 1)
January 14, 2021 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #14 Notice of Appeal USCA No. 21-20015, filed. (rnieto, 1)
January 13, 2021 ***Delivery Confirmation for delivery date(s) 1/11/21 re: 15 Document(s) Sent, filed. (rguerrero, 4)
January 11, 2021 Filing 16 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #14 Notice of Appeal. Fee status: Paid. Reporter(s): H. Alcaraz, filed. (Attachments: #1 NOA) (EdnitaPonce, 1)
January 11, 2021 Appeal Review Notes re: #14 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid, and the appellant is represented by counsel. Telephonic Hearing was held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(EdnitaPonce, 1)
January 8, 2021 Filing 14 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #13 Memorandum and Order,, Terminate Case, by City Of Houston (Filing fee $ 505, receipt number 0541-25773123), filed. (Martin, Christy)
January 7, 2021 Opinion or Order Filing 13 MEMORANDUM AND ORDER of Remand - Granting #3 MOTION to Remand. The Court is of the opinion and Holds that the proceeding be remanded to Harris County Probate Court Number One, [CA. No. 474728-401], from which it was removed...*** Case terminated on 1/7/21. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4)
January 4, 2021 Opinion or Order Filing 12 ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on January 4, 2021 at 9:00 a.m. Appearances: Christy L Martin, L Boyd Smith, Jr, Michael Patrick Doyle. (Court Reporter: H. Alcaraz). Pursuant to phone conference, this matter is taken under advisement. An Order shall issue. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
December 31, 2020 Filing 11 RESPONSE to #3 MOTION to Remand filed by City Of Houston. (Attachments: #1 Proposed Order Order Denying Motions to Remand)(Martin, Christy)
December 29, 2020 Filing 10 NOTICE of Setting as to #3 MOTION to Remand. Parties notified. Telephone Conference set for 1/4/2021 at 09:00 AM before Judge Kenneth M Hoyt, filed. (On "Meet-Me" Line) (chorace)
December 22, 2020 Filing 9 JOINDER in #3 MOTION to Remand and Request for Expedited Consideration and/or Hearing, filed by Estate of Dennis Tuttle. (Gallagher, Michael)
December 18, 2020 Filing 8 NOTICE of Appearance by Christy Martin on behalf of City Of Houston, filed. (Martin, Christy)
December 18, 2020 Opinion or Order Filing 7 ORDER denying #4 Motion for Expedited Consideration and/or Hearing.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
December 18, 2020 Filing 6 NOTICE of Appearance by Michael T. Gallagher and L. Boyd Smith on behalf of Estate of Dennis Tuttle, filed. (Gallagher, Michael)
December 17, 2020 Filing 5 NOTICE of Appearance by Michael Patrick Doyle on behalf of Estate of Rhogena Ann Nicholas, filed. (Doyle, Michael)
December 17, 2020 Filing 4 MOTION to Expedite emergency motion to remand and request to transfer, MOTION for Entry of Order re: Requesting order to transfer to related matter( Motion Docket Date 1/7/2021.) by Estate of Rhogena Ann Nicholas, filed. (Avery, Jeffrey)
December 17, 2020 Filing 3 MOTION to Remand by Estate of Rhogena Ann Nicholas, filed. Motion Docket Date 1/7/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Avery, Jeffrey)
December 17, 2020 Filing 2 NOTICE of Appearance by Jeffrey Avery on behalf of Estate of Rhogena Ann Nicholas, filed. (Avery, Jeffrey)
December 17, 2020 Filing 1 NOTICE OF REMOVAL from Harris County Probate Court #1, case number 474728-401 (Filing fee $ 402 receipt number 0541-25684715) filed by City Of Houston. (Attachments: #1 Exhibit A: Nicholas Family Rule 202 Petition, #2 Exhibit B: Return of Service, #3 Exhibit C: City's Plea to Jurisdiction, #4 Exhibit D: Response to City's Plea, #5 Exhibit E: Tuttle Intervention, #6 Exhibit F: Order on Plea, #7 Exhibit G: Notice of Appeal and Stay, #8 Exhibit H: 14th Court Memorandum Opinion, #9 Exhibit I: 14th Court Judgment, #10 Exhibit J: City's Notice of Stay & Objections, #11 Exhibit K: Nicholas Family Response to Stay, #12 Exhibit L: Tuttle Supplemental Intervention, #13 Exhibit M: Order-City's Stay, #14 Exhibit N: TX Supreme post cards, #15 Exhibit O: 14th Court Mandate, #16 Exhibit P: Notice-Service Subpoena, #17 Exhibit Q: City's Special Exceptions, MTQ & MTP, #18 Exhibit R: Nicholas Family Response-Special Exceptions, MTQ & MTP, #19 Exhibit S: Order-Special Exceptions, #20 Exhibit T: Proposed Order Granting Rule 202, #21 Exhibit U: State Court Docket, #22 Exhibit V: Index of matters being filed, #23 Exhibit W: List of counsel, #24 Civil Cover Sheet)(Callan, Jennifer)

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Petitioner: Estate of Rhogena Ann Nicholas
Represented By: Jeffrey I Avery
Represented By: Michael Patrick Doyle
Represented By: L Boyd Smith, Jr
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Petitioner: Estate of Dennis Tuttle
Represented By: Michael T Gallagher
Represented By: L Boyd Smith, Jr
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Interested party: City Of Houston
Represented By: Jennifer F Callan
Represented By: Christy L Martin
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