Farwell et al v. Rushing
Plaintiff: Spencer Farwell and Selena Mcdade
Defendant: Kraig L Rushing, Isaac Matthews, Joshua R. Flores and W. Barry Khan
Case Number: 4:2022cv00517
Filed: February 14, 2022
Court: US District Court for the Southern District of Texas
Presiding Judge: Keith P Ellison
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2022 Filing 30 DKT13 TRANSCRIPT ORDER REQUEST by Spencer Farwell. Transcript is already on file in Clerks office regarding Status Conference on 3/18/22 and Motion Hearing on 4/5/22 before Judge Ellison. (A transcript is requested). Court Reporter/Transcriber: Gayle Dye and David Smith. This order form relates to the following: #19 Notice of Appeal, filed.(JacquelineMata, 4)
April 6, 2022 Minute Entry for proceedings held before Judge Keith P. Ellison. MOTION HEARING held on 4/5/2022. Argument heard on [Doc. 18] MOTION for rehearing, [Doc. 20] Motion to Order all Records, [Doc. 24] Motion to Refute, [Doc. 25] Motion for Oral Hearing, and [Doc. 26] Motion for Appointment of Counsel. Because the Court lacks jurisdiction, the motions are DENIED. Case terminated on 4/6/2022. Appearances: Kraig Lyle Rushing.(Court Reporter: D.Smith), filed.(ShoshanaArnow, 4)
April 4, 2022 Filing 29 AFFIDAVIT of Spencer Farwell, filed.(jguajardo, 4)
April 4, 2022 Filing 28 Plaintiffs' RESPONSE to #27 Response to Motion, filed by Spencer Farwell, Selena Mcdade. (jguajardo, 4)
March 30, 2022 Filing 27 RESPONSE to #25 MOTION for Oral Hearing, #24 MOTION to Refute, #26 MOTION for Appointment of Counsel filed by Kraig L Rushing. (Attachments: #1 Proposed Order)(Rushing, Kraig)
March 30, 2022 Notice of Assignment of USCA No. 22-20157 re: #19 Notice of Appeal, filed.(rnieto, 1)
March 28, 2022 Filing 26 MOTION for Appointment of Counsel by Spencer Farwell, filed. Motion Docket Date 4/18/2022. (jguajardo, 4)
March 28, 2022 Filing 25 MOTION for Oral Hearing by Spencer Farwell, filed. Motion Docket Date 4/18/2022. (jguajardo, 4)
March 28, 2022 Filing 24 MOTION to Refute by Spencer Farwell, filed. Motion Docket Date 4/18/2022. (jguajardo, 4)
March 28, 2022 Filing 23 DKT13 TRANSCRIPT ORDER REQUEST by Spencer Farwell. Transcript is already on file in Clerks office regarding 3/18/2022 Status Conference and 4/5/2022 Telephone Hearing Judge Ellison. (No transcript is needed). Court Reporter/Transcriber: G. Dye. This order form relates to the following: #19 Notice of Appeal, filed.(jguajardo, 4)
March 25, 2022 Filing 22 NOTICE of Setting as to #18 MOTION for Rehearing MOTION for Discovery. Parties notified. Motion Hearing set for 4/5/2022 at 04:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4)
March 25, 2022 Filing 21 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #18 MOTION for Rehearing MOTION for Discovery, #19 Notice of Appeal, and #20 MOTION to Order all Records. Fee status: IFP. Reporter(s): Gayle Dye, filed. (Attachments: #1 NOA, #2 Motion for Rehearing, #3 Motion for Records) (rnieto, 1) (Additional attachment(s) added on 3/25/2022: #4 Transcript order form) (rnieto, 1).
March 25, 2022 Appeal Review Notes re: #19 Notice of Appeal. Fee status: IFP. IFP motion has been granted. Hearings were 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: 2, filed. (rnieto, 1)
March 24, 2022 Filing 20 MOTION to Order all Records by Spencer Farwell, Selena Mcdade, filed. Motion Docket Date 4/14/2022. (JosephWells, 4)
March 24, 2022 Filing 19 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Spencer Farwell, Selena Mcdade, filed.(JosephWells, 4)
March 24, 2022 Filing 18 MOTION for Rehearing and Discovery by Spencer Farwell, Selena Mcdade, filed. (Attachments: #1 Supplement, #2 Exhibit)(JosephWells, 4)
March 18, 2022 Minute Entry for proceedings held before Judge Keith P Ellison. STATUS CONFERENCE held on 3/18/2022. Defendants Motion to Dismiss with Prejudice [Doc. 16] is GRANTED. Plaintiffs Motions to Amend and Motion to Intervene (Docs. 12, 13, & 14] are DENIED as MOOT. Appearances:Spencer Farwell, Selena Mcdade. Kraig Lyle Rushing.(Court Reporter: G. Dye)(Law clerk: L. Muloma), filed.(arrivera, 4)
March 17, 2022 Filing 17 RESPONSE in Opposition to #16 Amended MOTION to Dismiss With Prejudice, filed by Spencer Farwell, Selena Mcdade. (JacquelineMata, 4)
March 16, 2022 Filing 16 Amended MOTION to Dismiss With Prejudice by Kraig L Rushing, filed. Motion Docket Date 4/6/2022. (Attachments: #1 Proposed Order)(Rushing, Kraig)
March 15, 2022 Filing 15 NOTICE of Setting as to #11 Amended Complaint/Counterclaim/Crossclaim etc.. Parties notified. Status Conference set for 3/18/2022 at 10:30 AM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4)
March 14, 2022 Filing 14 MOTION to Intervention and Amended Petition filed by Louquetta Jacquette., filed. Motion Docket Date 4/4/2022. (jguajardo, 4)
March 14, 2022 Filing 13 MOTION to Amend filed by Louquetta Jacquette, filed. Motion Docket Date 4/4/2022. (jguajardo, 4)
March 14, 2022 Filing 12 MOTION to Amend and Exponge and Strike by Selena Mcdade, filed. Motion Docket Date 4/4/2022. (jguajardo, 4)
March 14, 2022 Filing 11 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Spencer Farwell.(jguajardo, 4)
March 8, 2022 Filing 10 RETURN of Service Executed as to Kraig Rushing on 3/7/2022 re: Summons and Complaint, filed.(jguajardo, 4)
March 8, 2022 Filing 9 NOTICE of Setting as to #6 Amended MOTION to Dismiss for Failure to State a Claim, #5 MOTION to Amend. Parties notified. Motion Hearing set for 3/8/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. TIME CHANGE. (arrivera, 4)
March 8, 2022 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 3/8/2022 Argument heard on [Doc. 6] Motion to Dismiss. For reasons stated on the record, Motion is GRANTED without prejudice. Plaintiff has ten days to file an amended complaint. Appearances:Spencer Farwell, Selena Mcdade. Kraig Lyle Rushing.(Court Reporter: G. Dye)(Law clerk: L. Muloma), filed.(arrivera, 4)
March 7, 2022 Filing 8 CERTIFICATE OF INTERESTED PARTIES by Kraig L Rushing, filed.(Rushing, Kraig)
March 1, 2022 Filing 7 NOTICE of Setting as to #6 Amended MOTION to Dismiss for Failure to State a Claim, #5 MOTION to Amend. Parties notified. Motion Hearing set for 3/8/2022 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4)
March 1, 2022 Filing 6 Amended MOTION to Dismiss for Failure to State a Claim by Kraig L Rushing, filed. Motion Docket Date 3/22/2022. (Attachments: #1 Proposed Order)(Rushing, Kraig)
February 28, 2022 Filing 5 MOTION to Amend complaint by Spencer Farwell, Selena Mcdade, filed. Motion Docket Date 3/21/2022. (Attachments: #1 amended complaint, #2 exhibit, #3 summons)(rkonieczny, 4)
February 22, 2022 Filing 4 MOTION to Dismiss With Prejudice by Kraig L Rushing, filed. Motion Docket Date 3/15/2022. (Attachments: #1 Proposed Order)(Rushing, Kraig)
February 18, 2022 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/13/2022 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(BrandisIsom, 4)
February 17, 2022 Filing 2 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (olindor, 4)
February 17, 2022 Summons Issued as to Kraig L Rushing. Issued summons and USM 285 delivered to USM office, filed.(olindor, 4)
February 14, 2022 Filing 1 COMPLAINT against Kraig L Rushing filed by Spencer Farwell, Selena Mcdade. (Application to Proceed IFP Granted by Judge Lynn N. Hughes on 2/14/2022) (Attachments: #1 Civil Cover Sheet)(olindor, 4)

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Plaintiff: Spencer Farwell
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Plaintiff: Selena Mcdade
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Defendant: Kraig L Rushing
Represented By: Kraig Lyle Rushing
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Defendant: Isaac Matthews
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Defendant: Joshua R. Flores
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Defendant: W. Barry Khan
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