DOE-GC v. City of Waller et al
| JANE DOE-GC and Gracie Cates |
| City of Waller, Waller County, John Michael Williams, William Llewellyn, Danny Marburger, Brian Dasher, Elton Mathis, Nanci Anderson, Matthew Samsel and Seth Samsel |
| 4:2022cv00118 |
| January 12, 2022 |
| US District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2022. A more recent docket listing may be available from PACER.
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***Delivery Confirmation for delivery date(s) Mon, Jun 13, 11:48 AM re: 47 Document(s) Sent, filed. (jdav, 4)
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Filing 46
REMAND ORDER. For the reasons stated in this courts Memorandum and Order granting the defendantsmotion to dismiss, Docket Entry No. 38, this court dismisses Catess federal claims under 42U.S.C. 1983 and 1985, with prejudice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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Filing 45
MEMORANDUM AND OPINION. Catess motion for reconsideration, Docket Entry No. #41 , is granted in part and denied in part. Catess state law claims are remanded to the 189th Judicial District Court, Harris County, Texas. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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Filing 44
RESPONSE to #41 MOTION for Reconsideration filed by Waller County. (Attachments: #1 Proposed Order Denying Plaintiff's Motion for Reconsideration)(Drinkard, Robert)
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Filing 43
PROPOSED ORDER re: #42 Response to Motion, filed.(Viada, Ramon)
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Filing 42
RESPONSE to #41 MOTION for Reconsideration filed by City of Waller. (Viada, Ramon)
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Filing 41
MOTION for Reconsideration by Gracie Cates, filed. Motion Docket Date 6/9/2022. (Lewis, U.A.)
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Filing 40
MEMORANDUM AND OPINION entered MOOTING #39 MOTION to Dismiss Pursuant to Rule 12 (b)(1) and 12 (b)(6). This case remains closed. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 39
MOTION to Dismiss Pursuant to Rule 12 (b)(1) and 12 (b)(6) by Brian Dasher, filed. Motion Docket Date 5/31/2022. (Attachments: #1 Proposed Order Order on Defendant's Rule 12 Motion to Dismiss)(Drinkard, Robert)
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Filing 38
MEMORANDUM AND OPINION entered: The City and Count's motion to dismiss Cates's amended 1983 and 1985 claims, (Docket Entry No. 24), is granted. Because Cates has already had an opportunity to amend, and because further amendment would be futile, Catess federal claims are dismissed with prejudice. The remaining state court claims are dismissed without prejudice. Cates may refile those claims in state court. This case is dismissed. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 37
ORDER granting #32 Unopposed MOTION for Extension of Time TO FILE RESPONSE TO DEFENDANTS CITY OF WALLER AND WALLER COUNTYS JOINT RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS. Responses due by 4/8/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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Filing 36
REPLY to Response to #24 Renewed MOTION for JUDGMENT ON THE PLEADINGS Judgment, filed by City of Waller, Waller County. (Viada, Ramon)
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Filing 35
RESPONSE in Opposition to #24 Renewed MOTION for JUDGMENT ON THE PLEADINGS Judgment, filed by Jane Doe-GC. (Lewis, U.A.)
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Filing 34
CERTIFICATE OF INTERESTED PARTIES by Matthew Samsel, filed.(Hardin, Russell)
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Filing 33
NOTICE of Resetting. Parties notified. Motion Hearing reset for 5/13/2022 at 01:30 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4)
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Filing 32
Unopposed MOTION for Extension of Time TO FILE RESPONSE TO DEFENDANTS CITY OF WALLER AND WALLER COUNTYS JOINT RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS [DKT 24] by Jane Doe-GC, filed. Motion Docket Date 4/22/2022. (Attachments: #1 Proposed Order)(Lewis, U.A.)
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Filing 31
ORDER granting #26 Motion for Extension of Time; Motion-related deadline set re: #26 MOTION for Extension of Time to amend complaint. Amended Pleadings due by 5/4/2022..(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Filing 30
ORDER granting #27 Motion for Extension of Time; Motion-related deadline set re: #27 Unopposed MOTION for Extension of Time (Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Filing 29
NOTICE NOTICE TO COURT ON THE UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER BY SETH SAMSEL re: #26 MOTION for Extension of Time to amend complaint by Gracie Cates, Jane Doe-GC, filed. (Lewis, U.A.)
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Filing 28
NOTICE of Resetting. Parties notified. Motion Hearing reset for 5/12/2022 at 01:30 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4)
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Filing 27
Unopposed MOTION for Extension of Time Response Date by Matthew Samsel, filed. Motion Docket Date 4/21/2022. (Attachments: #1 Proposed Order)(MacVane, John)
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Filing 26
UNOPPOSED MOTION for Extension of Time to amend complaint by Seth Samsel, filed. Motion Docket Date 4/20/2022. (hlerma, 4)
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Filing 25
RETURN of Service of SUMMONS Executed as to Matthew Samsel served on 3/14/2022, answer due 4/4/2022, filed.(Lewis, U.A.)
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Filing 24
Renewed MOTION for JUDGMENT ON THE PLEADINGS Judgment by City of Waller, Waller County, filed. Motion Docket Date 4/8/2022. (Attachments: #1 Exhibit Certified Verdict, #2 Proposed Order)(Viada, Ramon)
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Filing 23
RETURN of Service of SUMMONS Executed as to Seth Samsel served on 3/3/2022, answer due 3/24/2022, filed.(Lewis, U.A.)
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Filing 22
ORDER granting #16 Motion for Extension of Time to File Amended Complaint. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4)
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Filing 21
RETURN of Service of SUMMONS Executed as to Seth Samsel served on 3/3/2022, answer due 3/24/2022, filed.(Lewis, U.A.)
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Filing 20
Corrected AMENDED COMPLAINT with Jury Demand against All Defendants filed by Gracie Cates, Jane Doe-GC.(Lewis, U.A.)
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Filing 19
Summons Issued as to Seth Samsel. Issued summons delivered to plaintiff by NEF, filed. (BrandisIsom, 4)
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Filing 18
Request for Issuance of Summons as to Jane Doe-GC, filed.(Lewis, U.A.)
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Filing 17
Summons Issued as to Nanci Anderson,William Llewellyn, Brian David Dasher, Danny Marburger, Elton Raymond Mathis, Jr., Matthew Samsel, John Michael Williams. Issued summons delivered to plaintiff by NEF, filed.(ShannonHolden, 4)
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Filing 16
Unopposed MOTION for Extension of Time File Amended Complaint by Gracie Cates, Jane Doe-GC, filed. Motion Docket Date 3/22/2022. (Attachments: #1 Proposed Order Proposed Order)(Lewis, U.A.)
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Filing 15
First AMENDED COMPLAINT with JURY DEMAND against All Defendants filed by Gracie Cates, Jane Doe-GC.(Lewis, U.A.)
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Filing 14
Request for Issuance of Summons as to Jane Doe-GC, filed. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement)(Lewis, U.A.)
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Filing 13
Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on February 9, 2022. The court and the parties conferred. The plaintiff may amend her complaint by February 25, 2022. The City and County may file amended motions to dismiss by March 18, 2022. The plaintiff's response is due by April 1, 2022. The court will hold a hearing on April 8, 2022 at 10:30 A.M. The pending motions to dismiss, Docket Entries No. 8, 9, are dismissed as moot. Appearances: U.A. Lewis, for Pltf. and Ramon Viada and Robert Drinkard for Defts.(Court Reporter: G, Dye), filed.(leddins, 4)
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Filing 12
JOINT DISCOVERY/CASE MANAGEMENT PLAN by City of Waller, filed. (Attachments: #1 Proposed Order)(Viada, Ramon)
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Filing 11
CERTIFICATE OF INTERESTED PARTIES by Waller County, filed.(Drinkard, Robert)
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Filing 10
CERTIFICATE OF INTERESTED PARTIES by Jane Doe-GC, filed.(Lewis, U.A.)
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Filing 9
MOTION for Judgment by Waller County, filed. Motion Docket Date 2/16/2022. (Attachments: #1 Proposed Order Order on Defendant Waller County's Motion for Judgement on the Pleadings)(Drinkard, Robert)
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Filing 8
MOTION for JUDGMENT ON THE PLEADINGS Judgment by City of Waller, filed. Motion Docket Date 2/16/2022. (Attachments: #1 Proposed Order)(Viada, Ramon)
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Filing 7
CERTIFICATE OF INTERESTED PARTIES by City of Waller, filed.(Viada, Ramon)
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Filing 6
CERTIFICATE OF SERVICE IN A REMOVED ACTION by City of Waller, filed.(Viada, Ramon)
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Filing 5
NOTICE of Resetting. Parties notified. Initial Conference reset for 2/9/2022 at 03:50 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4)
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Filing 4
NOTICE of Appearance by Robert L. Drinkard on behalf of Waller County, filed. (Drinkard, Robert)
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Filing 3
NOTICE of Appearance by Ricardo J. Navarro on behalf of Waller County, filed. (Navarro, Ricardo)
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Filing 2
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 2/11/2022 at 09:30 AM by video before Chief Judge Lee H Rosenthal. A Zoom link will be provided. (Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Supplement) Parties notified.(leddins, 4)
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Filing 1
NOTICE OF REMOVAL from 189th District Court of Harris County, Texas, case number 2021-83373 (Filing fee $ 402 receipt number 0541-27597752) filed by Waller County, City of Waller. (Attachments: #1 Exhibit Plaintiff's Original Petition, #2 Exhibit Citation on Waller County, #3 Exhibit Waller Countys Original Answer, #4 Exhibit City of Waller's Original Answer, #5 Exhibit State Court Docket Sheet, #6 Exhibit List of Attorneys & Parties)(Viada, Ramon)
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