Atkinson v. Pustilnik et al
| Yvette S. Atkinson |
| Stephen Pustilnik, J.P. George, Vincent Morales, Grady Prestage, W.A. "Andy" Meyers, Kenneth R. DeMerchant, Fort Bend County, Fort Bend County, Texas and Dexter L. McCoy |
| 4:2022cv04315 |
| December 13, 2022 |
| US District Court for the Southern District of Texas |
| Andrew M Edison |
| George C Hanks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 36
REPLY to #34 Response in Opposition to Motion to Dismiss Atkinson's Second Amended Complaint, filed by Kenneth R. DeMerchant, Fort Bend County, Texas, J.P. George, Dexter L. McCoy, W.A. "Andy" Meyers, Vincent Morales, Grady Prestage. (Cannata, Kenneth)
|
|
Filing 35
REPLY to #33 Response in Opposition to Motion, to Dismiss Atkinson's Second Amended Complaint, filed by Stephen Pustilnik. (Attachments: #1 Proposed Order Order Granting Pustilniks Motion to Dismiss Second Amended Complaint)(Krueger, Rolf)
|
|
Filing 34
RESPONSE in Opposition to #28 MOTION to Dismiss #21 Amended Complaint/Counterclaim/Crossclaim etc., , filed by Yvette S. Atkinson. (Clevenger, Ty)
|
|
Filing 33
RESPONSE in Opposition to #27 MOTION for Rolf F. Krueger attorney for Defendant Stephen Pustilnik, MD to Appear MOTION to Dismiss #21 Amended Complaint/Counterclaim/Crossclaim etc., , filed by Yvette S. Atkinson. (Attachments: #1 Exhibit 1 (news article), #2 Exhibit 2 (news article), #3 Exhibit 3 (Declaration of Y. Atkinson), #4 Exhibit 4 (Inquest transcript))(Clevenger, Ty)
|
|
Filing 32
ORDER granting #31 Unopposed MOTION for Extension of Time Respond to Motions to Dismiss. Responses due by 7/24/2023.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3)
|
|
Filing 31
Unopposed MOTION for Extension of Time Respond to Motions to Dismiss by Yvette S. Atkinson, filed. Motion Docket Date 8/4/2023. (Attachments: #1 Proposed Order)(Clevenger, Ty)
|
|
Filing 30
AMENDED SCHEDULING ORDER. ETT: 5 days. Deadline to File Responses to Motions to Dismiss due by 7/14/2023. Pltf Expert Witness List due by 11/17/2023. Pltf Expert Report due by 11/17/2023. Deft Expert Witness List due by 1/12/2024. Deft Expert Report due by 1/12/2024. Discovery due by 3/15/2024. Dispositive Motion Filing due by 4/19/2024. Non-Dispositive Motion Filing due by 5/17/2024. Joint Pretrial Order and Motions in Limine due by 5/24/2024. Docket Call set for 5/31/2024 at 03:00 PM by video before Magistrate Judge Andrew M Edison (Signed by Magistrate Judge Andrew M Edison) Parties notified. (VanesaAranda, 3)
|
|
Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on May 12, 2023. Status Conference held. Judge Edison to issue an order staying case for 60 days and amending docket control order. Appearances: Ty Clevenger for Plaintiff, Rolf Krueger for Stephen Pustilnik Defendant, Kenneth Cannata for the Fort Bend County and Fort Bend County Individual Defendants. (ERO: yes), filed. (RubenCastro, 3)
|
|
Filing 29
NOTICE of Setting. Parties notified. Status Conference set for 5/12/2023 at 10:00 AM by video before Magistrate Judge Andrew M Edison, filed. (RubenCastro, 3)
|
|
Filing 28
MOTION to Dismiss #21 Amended Complaint/Counterclaim/Crossclaim etc., by Kenneth R. DeMerchant, Fort Bend County, Texas, J.P. George, Dexter L. McCoy, W.A. "Andy" Meyers, Vincent Morales, Grady Prestage, filed. Motion Docket Date 5/12/2023. (Cannata, Kenneth)
|
|
Filing 27
MOTION for Rolf F. Krueger attorney for Defendant Stephen Pustilnik, MD to Appear, MOTION to Dismiss #21 Amended Complaint/Counterclaim/Crossclaim etc., ( Motion Docket Date 5/12/2023.) by Stephen Pustilnik, filed. (Attachments: #1 Appendix Ex 1, #2 Appendix Ex 2-7, #3 Appendix Ex 8, #4 Appendix Ex 9, #5 Appendix Ex 10, #6 Appendix Ex 11, #7 Appendix Ex 12, #8 Appendix Authority)(Krueger, Rolf)
|
|
Filing 26
AGRRED SCHEDULING ORDER. ETT: 5 days. Deadline to File Motions to Dismiss due by 4/21/2023. Pltf Expert Witness List due by 9/29/2023. Pltf Expert Report due by 9/29/2023. Deft Expert Witness List due by 11/20/2023. Deft Expert Report due by 11/20/2023. Discovery due by 1/19/2024. Dispositive Motion Filing due by 2/23/2024. Non-Dispositive Motion Filing due by 3/15/2024. Responses due by 5/12/2023. Replies due by 5/22/2023 Ruling on Defendant's Motions to Dismiss due by 7/4/2023. Joint Pretrial Order due by 4/3/2024. Docket Call set for 4/10/2024 at 03:00 PM in by video before Magistrate Judge Andrew M Edison(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
|
|
Filing 25
Agreed PROPOSED ORDER Scheduling Order, filed.(Krueger, Rolf)
|
|
Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on April 13, 2023. Status Conference held. Judge Edison briefly described his procedures. Parties to confer and submit an agreed amended docket control order due 4/18/2023. Appearances: Ty Clevenger for Plaintiff, Rolf Krueger for Stephen Pustilnik Defendant, Kenneth Cannata for the Fort Bend County Defendants. (ERO: yes), filed. (rcastro, 3)
|
|
Filing 24
NOTICE of Setting. Parties notified. Status Conference set for 4/13/2023 at 03:00 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
|
|
Filing 23
ORDER TO TRANSFER. It is ORDERED that this matter is transferred to United States Magistrate Judge Andrew Edison to conduct all further proceedings including trial and final judgment. Judge George C Hanks, Jr no longer assigned to the case.(Signed by Judge George C Hanks, Jr) Parties notified. (bthomas, 4)
|
|
The Initial Conference reset for 4/13/2023 at 01:00 PM by video before Magistrate Judge Andrew M Edison is CANCELED. (bthomas, 4)
|
|
Filing 22
CONSENT to Proceed Before a Magistrate Judge by Stephen Pustilnik, filed. (Attachments: #1 Proposed Order Order to Transfer)(Krueger, Rolf)
|
|
Filing 21
Second AMENDED COMPLAINT with Jury Demand against All Defendants filed by Yvette S. Atkinson. (Attachments: #1 Exhibit 1 (Letter to commissioners), #2 Exhibit 2 (Letter to DA), #3 Exhibit 3 (Letter to DA), #4 Exhibit 4 (Letter to commissioners))(Clevenger, Ty)
|
|
Filing 20
DOCKET CONTROL ORDER. Amended Pleadings due by 3/31/2023. Joinder of Parties due by 3/31/2023 Pltf Expert Witness List due by 4/14/2024. Pltf Expert Report due by 4/14/2024. Deft Expert Witness List due by 5/12/2024. Deft Expert Report due by 5/12/2024. Discovery due by 7/21/2024. Dispositive Motion Filing due by 7/28/2024. Non-Dispositive Motion Filing due by 8/16/2024. Joint Pretrial Order and Motions in Limine due by 10/4/2024. Docket Call set for 10/11/2024 at 03:00 PM in Courtroom 600 in Houston before Judge George C Hanks Jr(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3)
|
|
Filing 19
NOTICE of Resetting re: #2 Order for Initial Conference - FORM, Scheduling Conference,,. Parties notified. Initial Conference reset for 4/13/2023 at 01:00 PM by video before Magistrate Judge Andrew M Edison, filed. Plaintiff's counsel is Ordered to appear. (rcastro, 3)
|
|
Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on March 22, 2023. Initial Conference held. Docket Control Order to be entered. Court addressed pre-motion letters [Dkts. 15 and 16]. In addition to those items on the Docket Control Order, the Court put in place the following briefing schedule: Defendants motions to dismiss due by 4/21/23, responses due by 5/12/23, replies due by 5/19/23. Plaintiffs counsel is ordered to appear at the Initial Conference reset for 4/13/2023 at 1:00 PM by video before Magistrate Judge Andrew M. Edison. Appearances: Ty Clevenger for Plaintiff, Rolf Krueger for Defendant Stephen Pustilnik, Kenneth Cannata Fort Bend County Defendants. (ERO: yes) (rcastro, 3)
|
|
Filing 18
NOTICE of Setting re: #16 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 3/22/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
|
|
Filing 17
NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re: #15 REQUEST for pre-motion conference, #16 REQUEST for pre-motion conference, filed. (bthomas, 4)
|
|
Filing 16
REQUEST for pre-motion conference, filed. (Attachments: #1 Proposed Order Order Granting Pustilnik Permission to File a Motion to Dismiss Plaintiff's First Amended Complaint under Rule 12b6)(Krueger, Rolf)
|
|
Filing 15
REQUEST for pre-motion conference, filed. (Attachments: #1 Proposed Order Order Granting The County Defendants Permission to File a Motion to Dismiss Plaintiff's First Amended Complaint under Rule 12b6)(Cannata, Kenneth)
|
|
Filing 14
ORDER Striking Document re: #4 Motion to Dismiss filed by Stephen Pustilnik, #5 Motion to Dismiss for Failure to State a Claim, filed by W.A. "Andy" Meyers, Grady Prestage, J.P. George, Vincent Morales, Fort Bend County, Texas.(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
|
|
Filing 13
RESPONSE in Opposition to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or alternatively, Motion for Rule 7(A)(7) Reply Regarding Qualified Immunity, filed by Yvette S. Atkinson. (Clevenger, Ty)
|
|
Filing 12
RESPONSE in Opposition to #4 MOTION to Dismiss and Alternative Motion for a Reply, filed by Yvette S. Atkinson. (Attachments: #1 Exhibit 1 (news article), #2 Exhibit 2 (television story))(Clevenger, Ty)
|
|
Filing 11
Certificate of Service for Dkt. #10 (First Amended Complaint) by Yvette S. Atkinson, filed.(Clevenger, Ty)
|
|
Filing 10
First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Yvette S. Atkinson. (Attachments: #1 Exhibit (1) Letter to commissioners, #2 Exhibit (2) Lubbock ME letter, #3 Exhibit (3) Lubbock ME letter, #4 Exhibit (4) Letter to commissioners)(Clevenger, Ty)
|
|
Filing 9
ORDER granting #8 Motion for Extension of Time to Amend Complaint and Respond to Motions to Dismiss. The Plaintiffs deadlines for responding to the Defendants motions to dismiss are extended until March 3, 2023, and the Plaintiffs deadline for filing an amended complaint is extended until March 3, 2023. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
|
|
Filing 8
Unopposed MOTION for Extension of Time Amend Complaint and Respond to Motions to Dismiss by Yvette S. Atkinson, filed. Motion Docket Date 3/14/2023. (Attachments: #1 Exhibit 1 (Letter to commissioners), #2 Proposed Order)(Clevenger, Ty)
|
|
Filing 7
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Kenneth R. DeMerchant, Fort Bend County, Texas, J.P. George, W.A. "Andy" Meyers, Vincent Morales, Grady Prestage, Stephen Pustilnik, filed.(Krueger, Rolf)
|
|
Filing 6
Joint CERTIFICATE OF INTERESTED PARTIES by Kenneth R. DeMerchant, Fort Bend County, Texas, J.P. George, W.A. "Andy" Meyers, Vincent Morales, Grady Prestage, Stephen Pustilnik, filed.(Krueger, Rolf)
|
|
Filing 5
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or alternatively, Motion for Rule 7(A)(7) Reply Regarding Qualified Immunity by Fort Bend County, Texas, J.P. George, W.A. "Andy" Meyers, Vincent Morales, Grady Prestage, filed. Motion Docket Date 2/22/2023. (Cannata, Kenneth)
|
|
Filing 4
MOTION to Dismiss and Alternative Motion for a Reply by Stephen Pustilnik, filed. Motion Docket Date 2/21/2023. (Attachments: #1 Proposed Order Order Granting Pustilnik's Motion to Dismiss)(Krueger, Rolf)
|
|
Filing 3
RESPONSE to #2 Order for Initial Conference - FORM, (List of interested parties), filed by Yvette S. Atkinson. (Clevenger, Ty)
|
|
The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4)
|
|
Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/22/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(AkeitaMichael, 4)
|
|
Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-29195117) filed by Yvette S. Atkinson. (Attachments: #1 Exhibit 1 (Letter to DA), #2 Exhibit 2 (Letter to DA), #3 Exhibit 3 (News article), #4 Civil Cover Sheet)(Clevenger, Ty)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
