Adimora-Nweke v. CenterPoint Energy, Inc. et al
| Ernest Adimora-Nweke |
| CenterPoint Energy, Inc., AT&T Services, Inc., North Fort Bend Water Authority, Property Acquisition Services, Inc., Mark Heidaker, Steve Bonjonia, Sean Patrick Kennedy, Comcast, Southwestern Bell Telephone Company d/b/a AT&T Texas Southwestern Bell Telephone Company d/b/a AT&T Texas agent of AT&T agent of AT&T Texas, CenterPoint Houston Electric, LLC, Comcast Holdings Corporation, City of Houston, CenterPoint Energy Houston Electric, LLC and HOUSTON POLICE DEPARTMENT |
| 4:2022cv03155 |
| September 15, 2022 |
| US District Court for the Southern District of Texas |
| Peter Bray |
| Lynn N Hughes |
| Drew B Tipton |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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| ***Delivery Confirmation for delivery date(s) 5/11/2023 re: 67 Document(s) Sent, filed. (DarleneHansen, 4) |
Filing 68
ORDER denying #66 Motion for Reconsideration.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)
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| Filing 66 MOTION for Reconsideration and Motion to Vacate of #64 Order Adopting Memorandum and Recommendations, #65 Final Judgment, #62 Memorandum and Recommendations,,, Motions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 5/30/2023. (HortenciaLerma, 4) |
| Filing 65 FINAL JUDGMENT (Signed by Judge Drew B Tipton) Parties notified.(MaraGonzales, 2) |
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Filing 64
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #62 Memorandum and Recommendations. GRANTING IN PART Defendants' Motion to Dismiss #45 , #47 , #48 , #49 , #51 , and #52 . GRANTING IN PART Plaintiff's Motion to Remand #14 , #15 , #17 , #18 , and #19 . (Signed by Judge Drew B Tipton) Parties notified.(MaraGonzales, 2)
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| Filing 63 NOTICE of Interests by Ernest Adimora-Nweke, filed. (BrendaLacy, 4) |
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Filing 62
MEMORANDUM AND RECOMMENDATIONS re #48 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , #52 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , #18 EMERGENCY MOTION MOTION to Remand, #17 MOTION to Remand, #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #51 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , #47 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , #14 EMERGENCY MOTION, #49 MOTION to Dismiss Claims and ORDER DENYING AS MOOT #59 Motion to Disqualify and Transfer and #61 Motion for Leave to File Notice and Notice on Motion to Transfer, and GRANTING IN PART #56 Motion for Leave to Clarify, #58 Motion for Leave to Clarify and #60 Motion for Leave to Supplement(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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CONTINUATION OF #62 MEMORANDUM AND RECOMMENDATION FOR STATISTICAL PURPOSES ONLY - ORDER granting in part and denying in part #56 Motion for Emergency; granting in part and denying in part #56 Motion for Clarification; granting in part and denying in part #58 Motion for Emergency; denying as moot #59 Motion; granting in part and denying in part #60 Motion for Leave to File; denying as moot #61 Motion for Leave to File; denying as moot #61 Motion for Emergency.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 61 MOTION for Leave to File Notice on Motion to Transfer, EMERGENCY MOTION( Motion Docket Date 5/9/2023.)Motions referred to Peter Bray. by Ernest Adimora-Nweke, filed. (DarleneHansen, 4) |
| Filing 60 MOTION for Leave to File Supplement. Motions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 4/10/2023. (Attachments: #1 Exhibit) (BrandisIsom, 4) |
| Filing 59 MOTION Plaintiff's Objection, & Emergency Motion for Leave to File. Motion to Vacate, & Motion to Disq & Motion to Transfer. Motions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 3/10/2023. (RachelWillborg, 4) |
| Filing 58 EMERGENCY MOTION for Leave to Clarify Doc #54 and #33 and Notice on Scheduling OrderMotions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 3/10/2023. (DahlilaRodriguez, 1) |
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Filing 57
ORDER. The court's orders subsist. Case remains referred. Current motions taken under advisement. Responses to #56 Emergency Motion are not necessary at this time. (Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 56 EMERGENCY MOTION for Leave to Clarify as to #54 Response in Opposition to Motion, and Notice on Scheduling Order, ( Motion Docket Date 3/9/2023.)Motions referred to Peter Bray. by Ernest Adimora-Nweke, filed. (BrendaLacy, 4) |
| Filing 55 NOTICE of Reassignment to Judge Drew B Tipton, pursuant to General Order No. 2023-3. Deadlines in scheduling orders remain in effect Judge Lynn N Hughes no longer assigned to the case. Parties notified, filed. (DawnaKelly, 4) |
| Filing 54 RESPONSE in Opposition to #48 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , #52 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #51 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , #47 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , #49 MOTION to Dismiss Claims, filed by Ernest Adimora-Nweke. (KimberlyPicota, 4) |
| Filing 53 PROPOSED ORDER re: #52 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. , filed.(Reed, Derrick) |
| Filing 52 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. Motions referred to Peter Bray. by Southwestern Bell Telephone Company d/b/a AT&T Texas, filed. Motion Docket Date 12/27/2022. (Reed, Derrick) |
| Filing 51 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. Motions referred to Peter Bray. by North Fort Bend Water Authority, filed. Motion Docket Date 12/23/2022. (Harris, Britton) |
| Filing 50 PROPOSED ORDER re: #49 MOTION to Dismiss Claims, filed.(Davis, Scott) |
| Filing 49 MOTION to Dismiss Claims Motions referred to Peter Bray. by CenterPoint Energy Houston Electric, LLC, filed. Motion Docket Date 12/23/2022. (Davis, Scott) |
| Filing 48 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. Motions referred to Peter Bray. by Steve Bonjonia, Mark Heidaker, Sean Patrick Kennedy, Property Acquisition Services, Inc., filed. Motion Docket Date 12/23/2022. (Attachments: #1 Proposed Order)(McFarland, John) |
| Filing 47 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. Motions referred to Peter Bray. by Comcast, filed. Motion Docket Date 12/23/2022. (Attachments: #1 Exhibit A, #2 Proposed Order)(Curry, Jordan) |
| Filing 46 PROPOSED ORDER re: #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed.(Eckert, Darah) |
| Filing 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motions referred to Peter Bray. by City of Houston, HOUSTON POLICE DEPARTMENT, filed. Motion Docket Date 12/20/2022. (Attachments: #1 Exhibit, #2 Exhibit)(Eckert, Darah) |
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Filing 44
ORDER denying #42 Motion for Leave to File; denying #43 Motion to Appear Pro Hac Vice.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 43 MOTION for Ernest Adimora-Nweke to Appear Pro Hac ViceMotions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 11/28/2022. (MarcelleLaBee, 4) |
| Filing 42 MOTION for Leave to File Documents and Pro Hac ViceMotions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 11/28/2022. (MarcelleLaBee, 4) |
| Filing 41 Third AMENDED COMPLAINT against All Defendants filed by Ernest Adimora-Nweke. (BrandisIsom, 4) |
| Filing 40 NOTICE of Appearance by Mary D. Borrego on behalf of CenterPoint Energy Houston Electric, LLC, filed. (Borrego, Mary) |
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Filing 39
ORDER Striking #24 MOTION 2nd Partial Declaratory Judgment against North Fort Bend Water Authority & Property Acquisition Services, Inc., #23 MOTION 1st Partial Declaratory Judgment against CenterPoint Energy, Inc., Comcast and AT&T Services, Inc. (Amended Complaint due by 11/18/2022. Response due 12/2/2022. Reply due 12/9/2022.)(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 38 Second AMENDED COMPLAINT against All Defendants filed by Ernest Adimora-Nweke. Related document: #1 Notice of Removal, filed by Comcast.(kpicota, 4) |
| Summons Issued as to CenterPoint Energy Houston Electric, LLC, CenterPoint Houston Electric, LLC, City of Houston, Comcast Holdings Corporation, HOUSTON POLICE DEPARTMENT. Issued summons delivered to plaintiff in person, filed.(kpicota, 4) |
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Filing 37
ORDER ( Amended Pleadings due by 11/18/2022. Answer due by 12/2/2022. Replies due by 12/9/2022.) Scheduling conference set 11/10/2022 is terminated.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 36 RESPONSE to #23 MOTION 1st Partial Declaratory Judgment against CenterPoint Energy, Inc., Comcast and AT&T Services, Inc. filed by Southwestern Bell Telephone Company d/b/a AT&T Texas. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Reed, Derrick) |
| Filing 35 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Comcast, filed.(Curry, Jordan) |
| Filing 34 RESPONSE to #23 MOTION 1st Partial Declaratory Judgment against CenterPoint Energy, Inc., Comcast and AT&T Services, Inc. filed by Comcast. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Curry, Jordan) |
| Filing 33 RESPONSE to #23 MOTION for 1st Partial Declaratory Judgment against CenterPoint Energy Inc , filed by CenterPoint Energy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Davis, Scott) Modified on 11/1/2022 (TerriHanniable, 4). |
| Filing 32 RESPONSE to #24 MOTION 2nd Partial Declaratory Judgment against North Fort Bend Water Authority & Property Acquisition Services, Inc. filed by North Fort Bend Water Authority. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Harris, Britton) |
| Filing 31 RESPONSE to #24 MOTION 2nd Partial Declaratory Judgment against North Fort Bend Water Authority & Property Acquisition Services, Inc. filed by Steve Bonjonia, Mark Heidaker, Sean Patrick Kennedy, Property Acquisition Services, Inc.. (Attachments: #1 Exhibit A)(McFarland, John) |
| Filing 30 PROPOSED Joint Discovery/Case Management Plan, filed. (BrandisIsom, 4) |
| Filing 29 PROPOSED Scheduling and Docket Control Order, filed. (BrandisIsom, 4) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT by Southwestern Bell Telephone Company d/b/a AT&T Texas identifying AT&T, Inc. as Corporate Parent, filed.(Reed, Derrick) |
| Filing 27 EXHIBITS re: #26 Letter by Ernest Adimora-Nweke, filed.(JacquelineMata, 4) |
| Filing 26 Letter from Ernest Adimora-Nweke re: Exhibits & Evidence, filed. (JacquelineMata, 4) |
| Filing 25 RESPONSE to #18 EMERGENCY MOTION MOTION to Remand, #17 MOTION to Remand, #14 EMERGENCY MOTION filed by North Fort Bend Water Authority. (Sileo, Brett) |
| Filing 24 MOTION for 2nd Partial Declaratory Judgment against North Fort Bend Water Authority & Property Acquisition Services, Inc.Motions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 11/1/2022. (JacquelineMata, 4) |
| Filing 23 MOTION for 1st Partial Declaratory Judgment against CenterPoint Energy, Inc., Comcast and AT&T Services, Inc.Motions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 11/1/2022. (JacquelineMata, 4) |
| Filing 22 RESPONSE to #18 EMERGENCY MOTION MOTION to Remand, #17 MOTION to Remand, #14 EMERGENCY MOTION filed by Comcast. (Attachments: #1 Proposed Order proposed Order)(Addison, Frederick) |
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Filing 21
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/10/2022 at 11:00 AM in Courtroom 703 before Magistrate Judge Peter Bray(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 20 1st Partial Amendment &/or SUPPLEMENT to Original Complaint #1 Notice of Removal, by Ernest Adimora-Nweke, filed. (BrandisIsom, 4) |
| Filing 19 3rd SUPPLEMENT to Emergency Motion to Remand by Ernest Adimora-Nweke, filed. (BrandisIsom, 4) |
| Filing 18 EMERGENCY MOTION TO REMAND ( Motion Docket Date 10/11/2022.), MOTION to RemandMotions referred to Peter Bray. by Ernest Adimora-Nweke, filed. (jdav, 4) |
| Filing 17 2nd Supplement to EMERGENCY MOTION to RemandMotions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 10/11/2022. (jdav, 4) |
| Filing 16 Plaintiff's 1st Partial Amendment and/or Supplement to Original Complaint by Ernest Adimora-Nweke, filed.(jdav, 4) Modified on 9/20/2022 (ClaudiaGutierrez, 4). |
| Filing 15 SUPPLEMENT to Emergency Motion to Remand by Ernest Adimora-Nweke, filed. (BrandisIsom, 4) Modified on 9/20/2022 (ClaudiaGutierrez, 4). |
| Filing 14 EMERGENCY MOTION to Remand. Motions referred to Peter Bray. by Ernest Adimora-Nweke, filed. Motion Docket Date 10/11/2022. (Attachments: #1 Proposed Order) (BrandisIsom, 4) Modified on 9/20/2022 (ClaudiaGutierrez, 4). |
| Filing 13 CONSENT to Removal by AT&T Services, Inc., filed.(Reed, Derrick) |
| Filing 12 CONSENT to Removal by North Fort Bend Water Authority, filed.(Sileo, Brett) |
| Filing 11 NON-CONSENT to Proceed Before a Magistrate Judge by Ernest Adimora-Nweke, filed. (BrandisIsom, 4) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by CenterPoint Energy, Inc., filed.(Davis, Scott) |
| Filing 9 CONSENT to Removal by CenterPoint Energy, Inc., filed.(Davis, Scott) |
| Filing 8 NOTICE of Appearance by Jordan R. Curry on behalf of Comcast, filed. (Curry, Jordan) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Steve Bonjonia, Mark Heidaker, Sean Patrick Kennedy, Property Acquisition Services, Inc., filed.(McFarland, John) |
| Filing 6 CONSENT to Removal by Steve Bonjonia, Mark Heidaker, Sean Patrick Kennedy, Property Acquisition Services, Inc., filed.(McFarland, John) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Comcast, filed.(Addison, Frederick) |
| Filing 4 General Reference to Magistrate Judge Peter Bray. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) |
| Filing 3 General Reference to Magistrate Judge Peter Bray. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) |
| Filing 2 NOTICE in a Removed or Transferred Case (Signed by Judge Lynn N Hughes) Parties notified.(RachelWillborg, 4) |
| Filing 1 NOTICE OF REMOVAL from Civil County Court at Law Number 3 of Harris County, Texas, case number Cause No. 1189868 (Filing fee $ 402 receipt number ATXSDC-28778882) filed by Comcast. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2A, #4 Exhibit 2B, #5 Exhibit 2C, #6 Exhibit 3, #7 Exhibit 3A, #8 Exhibit 3B, #9 Exhibit 3C, #10 Exhibit 3D, #11 Exhibit 3E, #12 Exhibit 3F, #13 Exhibit 4, #14 Exhibit 5)(Addison, Frederick) |
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