Kendall v. Burnett et al
Plaintiff: Jason Thomas Kendall
Defendant: Heather M Burnett, Cadiz Kentucky Police Department, Secretary of the Army, Secretary Of Defense and John Robert Burnett
Case Number: 4:2025cv01167
Filed: March 12, 2025
Court: U.S. District Court for the Southern District of Texas
Presiding Judge: Keith P Ellison
Nature of Suit: Civil Rights: Other
Cause of Action: 18 U.S.C. § 241 Conspiracy Against Citizen Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 27, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2025 Filing 68 RESPONSE IN OPPOSITION to #67 Response to Motion, filed by Jason Thomas Kendall. (bwl4)
August 27, 2025 Filing 67 RESPONSE to #56 MOTION for Leave to File Amended Complaint and Trial Brief filed by John Robert Burnett, Cadiz Kentucky Police Department. (Blankenship, Stacey)
August 26, 2025 Filing 66 Supplemental NOTICE re: #65 MOTION for Leave to File Amended Complaint and Add Defendant by Jason Thomas Kendall, filed. (dm4)
August 26, 2025 Filing 65 Plaintiff's MOTION for Leave to File Amended Complaint and Add Defendant by Jason Thomas Kendall, filed. Motion Docket Date 9/16/2025. (Attachments: #1 Proposed Order, #2 Third Amended Complaint, #3 Third Amended Complaint without new Defendant) (dm4)
August 26, 2025 Filing 64 Plaintiff's RESPONSE in Opposition to Federal Defendants' #62 MOTION to Dismiss #54 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Jason Thomas Kendall. (dm4)
August 26, 2025 Filing 63 Plaintiff's RESPONSE to #62 Defendants' MOTION to Dismiss #54 Amended Complaint/Counterclaim/Crossclaim etc. filed by Jason Thomas Kendall. (Attachments: #1 Cover letter) (dm4)
August 25, 2025 Filing 62 MOTION to Dismiss #54 Amended Complaint/Counterclaim/Crossclaim etc. by Secretary Of Defense, Secretary of the Army, filed. Motion Docket Date 9/15/2025. (Attachments: #1 Proposed Order) (Ren, Shawn)
August 18, 2025 Filing 61 Supplemental NOTICE regarding Parallel Criminal Liability by Jason Thomas Kendall, filed. (jm4)
August 18, 2025 Filing 60 Supplemental NOTICE with Argument Regarding Immunity Defenses and Continuing Violations by Jason Thomas Kendall, filed. (jm4)
August 18, 2025 Filing 59 NOTICE of Settlement Demand by Jason Thomas Kendall, filed. (jm4)
August 18, 2025 Filing 58 NOTICE of Newly Discovered Evidence by Jason Thomas Kendall, filed. (jm4)
August 12, 2025 Opinion or Order Filing 53 ORDER denying #51 MOTION/APPLICATION to Proceed In Forma Pauperis (Signed by Judge Keith P Ellison) Parties notified. (bli4)
August 12, 2025 Filing 52 REPLY in Support of #49 MOTION to Dismiss #28 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Secretary Of Defense, Secretary of the Army. (Ren, Shawn)
August 11, 2025 Filing 57 MOTION for U.S. Marshal Service of Subpoenas by Jason Thomas Kendall, filed. Motion Docket Date 9/2/2025. (amp4)
August 11, 2025 Filing 56 MOTION for Leave to File Amended Complaint and Trial Brief by Jason Thomas Kendall, filed. Motion Docket Date 9/2/2025. (amp4)
August 11, 2025 Filing 55 TRIAL BRIEF by Jason Thomas Kendall (amp4)
August 11, 2025 Filing 54 Second AMENDED COMPLAINT against All Defendants filed by Jason Thomas Kendall. Related document: #28 Amended Complaint/Counterclaim/Crossclaim etc., filed by Jason Thomas Kendall. (amp4)
August 11, 2025 Filing 51 MOTION/APPLICATION to Proceed In Forma Pauperis for Discovery Related Costs by Jason Thomas Kendall, filed. Motion Docket Date 9/2/2025. (bli4)
August 5, 2025 Filing 50 RESPONSE in Opposition to #49 MOTION to Dismiss #28 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Jason Thomas Kendall. (jm4)
August 4, 2025 Filing 49 MOTION to Dismiss #28 Amended Complaint/Counterclaim/Crossclaim etc. by Secretary Of Defense, Secretary of the Army, filed. Motion Docket Date 8/25/2025. (Attachments: #1 Proposed Order) (Ren, Shawn)
July 10, 2025 Opinion or Order Filing 48 ORDER denying #47 Motion for Hearing.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
July 9, 2025 Filing 47 MOTION/ LETTER to the Honorable Judge for a hearing over the dismissal of Frank Bennett Harvie, Jr. by Jason Thomas Kendall, filed. Motion Docket Date 7/30/2025. (mmm4) (Main Document 47 replaced on 7/9/2025) (mmm4).
June 17, 2025 Filing 46 AMENDED RESPONSE to #45 MOTION to Dismiss , filed by Jason Thomas Kendall. (th4) Modified on 6/18/2025 (th4).
June 16, 2025 Filing 45 MOTION to Dismiss #28 Amended Complaint/Counterclaim/Crossclaim etc. by Cadiz Kentucky Police Department, filed. Motion Docket Date 7/7/2025. (Attachments: #1 Exhibit A- Case 10-D-31, #2 Exhibit B- Case 10-CI-1621, #3 Proposed Order) (Blankenship, Stacey)
June 16, 2025 Filing 44 Amended RESPONSE to #38 MOTION to Dismiss filed by Jason Thomas Kendall. (dm4)
June 16, 2025 Opinion or Order Filing 43 ORDER denying #41 Motion for Extension of Time.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
June 16, 2025 Filing 42 NOTICE of Setting. Parties notified. Initial Conference reset for 9/18/2025 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (aar4)
June 13, 2025 Filing 41 MOTION/Letter for Extension of Time to Serve Mr. Frank Bennett Harvie Jr. by Jason Thomas Kendall, filed. Motion Docket Date 7/7/2025. (bwl4)
June 13, 2025 Filing 40 RETURN of Service of SUMMONS Executed as to Heather M Burnett served on 6/11/2025, answer due 7/2/2025, filed. (bwl4)
June 13, 2025 Filing 39 RETURN of Service of SUMMONS Executed as to John Robert Burnett served on 6/11/2025, answer due 7/2/2025, filed. (bwl4) (Main Document 39 replaced on 6/16/2025) (dm4).
June 13, 2025 Filing 38 MOTION to Dismiss by Heather M Burnett, John Robert Burnett, filed. Motion Docket Date 7/7/2025. (Cousins, Grace)
June 11, 2025 Opinion or Order Filing 37 ORDER denying #34 Motion to Strike; denying as moot #19 Motion to Dismiss for Failure to State a Claim; denying as moot #23 Motion to Dismiss.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
June 11, 2025 Filing 36 NOTICE OF FIRM CHANGE FOR COUNSEL by Heather M Burnett, John Robert Burnett, filed. (Cousins, Grace)
June 11, 2025 Filing 35 NOTICE OF FIRM CHANGE FOR COUNSEL by Heather M Burnett, John Robert Burnett, filed. (Cousins, Grace)
June 10, 2025 Filing 34 MOTION to Strike #28 Amended Complaint/Counterclaim/Crossclaim etc. by Cadiz Kentucky Police Department, filed. Motion Docket Date 7/1/2025. (Attachments: #1 Proposed Order Granting Motion to Strike) (Blankenship, Stacey)
June 5, 2025 Filing 33 Summons Issued as to Heather M Burnett, John Robert Burnett. Issued summons delivered to plaintiff in person, filed. (mmm4)
June 5, 2025 Filing 32 Proof of Service as to Defendants U. S. Attorney's Office Civil Processing; Houston; US Attorney General, U.S. Attorney, Nicholas Ganjei; Secretary of State, Washington, DC; Office of the General Counsel; The Department of Defense Office of General Counsel; City of Cadiz Kentucky Police Department, and Secretary of Defense by Jason Thomas Kendall, filed. (mmm4) (Additional attachment(s) added on 6/5/2025: #1 Summons Executed) (mmm4).
June 5, 2025 Filing 31 Letter from Jason T. Kendall re: (Letter received from USDOJ, AUSA, N. Ganjei), filed. (mmm4)
June 5, 2025 Filing 30 Letter from Jason T. Kendall re: Request for Substitution of Service for Mrs. Burnett, Mr. Burnett and Mr. Harvis, filed. (mmm4)
June 2, 2025 Filing 29 REPLY to Response to #23 MOTION to Dismiss #1 Complaint , filed by Cadiz Kentucky Police Department. (Blankenship, Stacey)
May 30, 2025 Filing 28 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Jason Thomas Kendall. Related document: #1 Complaint filed by Jason Thomas Kendall. (dm4)
May 30, 2025 Summons Issued as to John Robert Burnett, Frank Bennett JR Harvie. Issued summons delivered to plaintiff in person, filed. (dm4)
May 20, 2025 Opinion or Order Filing 27 ORDER denying #26 Motion.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
May 16, 2025 Filing 26 MOTION Requesting U S Marshal's to serve all defendants. by Jason Thomas Kendall, filed. Motion Docket Date 6/6/2025. (th4)
May 16, 2025 Filing 25 AMENDED RESPONSE to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Jason Thomas Kendall. (th4)
May 15, 2025 Filing 24 RESPONSE to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #23 MOTION to Dismiss #1 Complaint filed by Jason Thomas Kendall. (hl4)
May 13, 2025 Filing 23 MOTION to Dismiss #1 Complaint by Cadiz Kentucky Police Department, filed. Motion Docket Date 6/3/2025. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Stewart, Richard)
May 13, 2025 Opinion or Order Filing 22 ORDER granting #21 Motion for Extension of Time.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
May 12, 2025 Filing 21 MOTION/ Letter for Extension of Time to Serve by Jason Thomas Kendall, filed. Motion Docket Date 6/2/2025. (bwl4)
May 12, 2025 Summons Re-Issued as to All Defendants. Issued summons delivered to plaintiff in person, filed. (bwl4)
May 8, 2025 Filing 20 NOTICE of Appearance by Grace N. Cousins on behalf of Heather M Burnett, John Robert Burnett, Jr, filed. (Cousins, Grace)
May 8, 2025 Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Heather M Burnett, John Robert Burnett, Jr, filed. Motion Docket Date 5/29/2025. (Attachments: #1 Proposed Order) (Cousins, Grace)
May 8, 2025 Opinion or Order Filing 18 ORDER denying #17 Motion for Default Judgment.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
May 7, 2025 Filing 17 AMENDED MOTION for Default Judgment against Heather M Burnett, John Robert Burnett, Jr, Frank Bennett JR Harvie, Secretary Of Defense by Jason Thomas Kendall, filed. Motion Docket Date 5/28/2025. (hl4) Modified on 5/7/2025 (hl4).
May 7, 2025 Filing 16 MOTION for Default Judgment against Heather M Burnett, John Robert Burnett, Jr, Frank Bennett JR Harvie, Secretary Of Defense by Jason Thomas Kendall, filed. Motion Docket Date 5/28/2025. (hl4)
April 28, 2025 Opinion or Order Filing 15 ORDER granting #12 Motion for Stacey A. Blankenship to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Keith P Ellison) Parties notified. (dm4)
April 28, 2025 Opinion or Order Filing 14 ORDER granting #11 Motion for James P. Landry to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Keith P Ellison) Parties notified. (dm4)
April 25, 2025 Filing 13 MEMORANDUM in Support of Motion to Dismiss by Cadiz Kentucky Police Department, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order) (Stewart, Richard)
April 25, 2025 Filing 12 MOTION to Appear Pro Hac Vice for Stacey A. Blankenship (Fee Paid: $100, receipt number ATXSDC-33314367) by Cadiz Kentucky Police Department, filed. Motion Docket Date 5/16/2025. (Stewart, Richard)
April 25, 2025 Filing 11 MOTION to Appear Pro Hac Vice for James P. Landry (Fee Paid: $100, receipt number ATXSDC-33314281) by Cadiz Kentucky Police Department, filed. Motion Docket Date 5/16/2025. (Stewart, Richard)
April 18, 2025 Filing 10 RETURN of Service of SUMMONS Executed as to Cadiz Kentucky Police Department served on 4/1/2025, answer due 4/22/2025, filed. (Attachments: #1 Exhibit) (th4) (Additional attachment(s) added on 5/2/2025: #2 Continuation Return of Service Executed) (abb4).
April 15, 2025 Filing 9 RETURN of Service of SUMMONS Executed as to Secretary Of Defense served on 4/1/2025, answer due 6/2/2025, filed. (Attachments: #1 Exhibit) (th4) (Additional attachment(s) added on 5/2/2025: #2 Continuation Return of Service Executed) (abb4).
April 15, 2025 Filing 8 RETURN of Service of SUMMONS Executed as to Secretary of the Army served on 4/1/2025, answer due 6/2/2025, filed. (Attachments: #1 Exhibit) (th4) (Additional attachment(s) added on 5/2/2025: #2 Continuation Return of Service Executed) (abb4).
April 15, 2025 Filing 7 RETURN of Service of SUMMONS Executed as to Frank Bennett JR Harvie served on 4/15/2025 by regular and certified mail, answer due 5/6/2025, filed. (bmn4) (Additional attachment(s) added on 5/2/2025: #1 Continuation Return of Service Executed) (abb4).
April 15, 2025 Filing 6 RETURN of Service of SUMMONS Executed as to John Robert Burnett, Jr served on 4/15/2025 by regular and certified mail, answer due 5/6/2025, filed. (bmn4) (Additional attachment(s) added on 5/2/2025: #1 Continuation Return of Service Executed) (abb4).
April 15, 2025 Filing 5 RETURN of Service of SUMMONS Executed as to Heather M Burnett served on 4/15/2025 by regular and certified mail, answer due 5/6/2025, filed. (bmn4) (Additional attachment(s) added on 5/2/2025: #1 Continuation Return of Service Executed) (abb4).
March 25, 2025 Summons Issued as to Heather M Burnett, John Robert Burnett, Jr, Cadiz Kentucky Police Department, Frank Bennett JR Harvie. Issued summons delivered to plaintiff in person, filed. (th4)
March 25, 2025 Summons Issued as to Secretary Of Defense, Secretary of the Army. Issued summons returned to plaintiff in person, filed. (th4)
March 12, 2025 Opinion or Order Filing 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/27/2025 at 04:15 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (bwl4)
March 12, 2025 Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bwl4)
March 12, 2025 Filing 2 CLERKS NOTICE of Filing Fee Due for filing of a case. Parties notified, filed. (bwl4)
March 12, 2025 Filing 1 COMPLAINT against All Defendants filed by Jason Thomas Kendall. (bwl4)
March 12, 2025 Referral Judge Selected: Magistrate Judge Dena Hanovice Palermo randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bwl4)
March 12, 2025 CIVIL Filing fee: $405.00 re: #1 Complaint, receipt number 400011757, filed. (bwl4)

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Search for this case: Kendall v. Burnett et al
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Plaintiff: Jason Thomas Kendall
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Defendant: Heather M Burnett
Represented By: Grace N. Cousins
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Defendant: Cadiz Kentucky Police Department
Represented By: Stacey A Blankenship
Represented By: James P Landry
Represented By: Richard Abram Stewart
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Defendant: Secretary of the Army
Represented By: Shawn David Ren
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Defendant: Secretary Of Defense
Represented By: Shawn David Ren
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Defendant: John Robert Burnett
Represented By: Grace N. Cousins
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