Arnold v. 1600 West Loop South, LLC et al
| Venisha Arnold |
| Joshua Barry, Kevin Malonson, Chris Horan, Robert Malonson, Landry's LLC, Hospitality Headquarters, Inc., Post Oak Hotel and 1600 West Loop South, LLC doing business as The Post Oak At Uptown Houston |
| HARRIS COUNTY |
| 4:2025cv01337 |
| March 21, 2025 |
| U.S. District Court for the Southern District of Texas |
| Keith P Ellison |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2025. A more recent docket listing may be available from PACER.
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| Electronic Access to Record on Appeal Provided re: #52 Notice of Appeal - Amended to Antonio Xavier Milton. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 25-20261), filed. (mp1) |
| Electronic Access to Record on Appeal Provided re: #51 Notice of Appeal, #52 Notice of Appeal - Amended to Antonio Milton. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 25-20261), filed. (dlr1) |
| Filing 61 CERTIFICATE OF SERVICE by Venisha Arnold, filed. (Attachments: #1 Exhibit PROOF OF SERVICE) (Arnold, Venisha) |
| Electronic Access to Record on Appeal Provided re: #52 Notice of Appeal - Amended to V. Arnold, H. Greene. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 25-20261), filed. (mp1) |
| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #52 Notice of Appeal - Amended USCA No. 25-20261, filed. (mp1) |
| Filing 60 Notice of Filing of Official Transcript re: #59 Transcript - Appeal. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) |
| Filing 59 APPEAL TRANSCRIPT re Motion Hearing held on June 11, 2025 before Judge Keith P Ellison. Court Reporter/Transcriber Nichelle Drake. Ordering Party: Plaintiff. Release of Transcript Restriction set for 10/6/2025., filed. (nnw4) |
| Notice of Assignment of USCA No. 25-20261 re: #52 Notice of Appeal - Amended, filed. (mp1) |
| Filing 58 DKT13 TRANSCRIPT ORDER REQUEST by PLAINTIFF-APPELLANT. This is to order a transcript of JUNE 11, 2025. Court Reporter/Transcriber: Nichelle Drake. This order form relates to the following: Motion Hearing,, #52 Notice of Appeal - Amended, filed. (Arnold, Venisha) |
| Filing 57 DKT13 TRANSCRIPT ORDER REQUEST by VENISHA ARNOLD, PLAINTIFF/APELLANT. This is to order a transcript of JUNE 11, 2025. Court Reporter/Transcriber: Nichelle Drake. This order form relates to the following: #51 Notice of Appeal, Motion Hearing,, #52 Notice of Appeal - Amended, filed. (Arnold, Venisha) |
Filing 56
ORDER denying #48 Motion; denying #53 Motion to Reopen; denying #55 Motion.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 55 MOTION WITHDRAW APPEAL AND REFUND APPEAL FEES by Venisha Arnold, filed. Motion Docket Date 7/17/2025. (Arnold, Venisha) |
| Filing 54 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #53 MOTION to Reopen PLAINTIFF'S LAWSUIT AND EXTENSION OF TIME, #51 Notice of Appeal, #52 Notice of Appeal - Amended. Fee status: Paid. Reporter(s): N. Drake, filed. (Attachments: #1 Notice of Appeal, #2 Amended Notice of Appeal) (jmt1) |
| Filing 53 MOTION to Reopen PLAINTIFF'S LAWSUIT AND EXTENSION OF TIME by Venisha Arnold, filed. Motion Docket Date 7/17/2025. (Arnold, Venisha) |
| Appeal Review Notes re: #51 Notice of Appeal, #52 Notice of Appeal - Amended. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.The appellant is a pro se litigant.A motion to re-open case is pending.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: 1, filed. (jmt1) |
| Filing 52 Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Venisha Arnold, filed. (Arnold, Venisha) |
| Filing 51 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Venisha Arnold (Filing fee $ 605, receipt number ATXSDC-33658978), filed. (Arnold, Venisha) |
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Filing 50
ORDER OF DISMISSAL of Defendants Kevin Malonson, Chris Horan, and Robert Malonson. (Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 49 FINAL JUDGMENT. Case terminated on 6/25/25 (Signed by Judge Keith P Ellison) Parties notified. (aar4) |
| Filing 48 MOTION OMISSIONS EVIDENCE FROM HARRIS COUNTY DISTRICT ATTORNEY'S OFFICE by Venisha Arnold, filed. Motion Docket Date 7/16/2025. (Attachments: #1 Proposed Order ORDER, #2 Exhibit Houston Police Department phone records 1, #3 Exhibit Houston Police Department phone records 2, #4 Exhibit Houston Police Department phone records 3, #5 Exhibit Houston Police Department phone records 4, #6 Exhibit Plaintiff's Statement False Accusation, #7 Exhibit Plaintiff's Dismissal) (Arnold, Venisha) |
| Filing 47 REPLY Declaration of A Chris Horan, filed by Venisha Arnold. (Arnold, Venisha) |
| Filing 46 ADVISORY by HARRIS COUNTY, filed. (Attachments: #1 Exhibit A - Declaration of Horan) (Ford, Francis) |
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Filing 45
ORDER denying #42 Motion; denying #43 Motion.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 44 REQUEST for Entry of Default against Chris Horan by Venisha Arnold, filed. (Attachments: #1 Exhibit CORRECTED PROOF OF SERVICE) (Arnold, Venisha) |
| Filing 43 MOTION Second Request For Substitute Service by Venisha Arnold, filed. Motion Docket Date 7/7/2025. (Attachments: #1 Affidavit Kevin Malonson Substitute Service, #2 Affidavit Robert Malonson Substitute Service, #3 Exhibit Kevin Malonson Service Attempts, #4 Exhibit Robert Malonson Communication With Process Server) (Arnold, Venisha) |
| Filing 42 MOTION SERVICE BY PUBLICATION by Venisha Arnold, filed. Motion Docket Date 7/7/2025. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Affidavit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Arnold, Venisha) |
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Filing 41
ORDER denying #40 Request for Entry of Default (Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 40 REQUEST for Entry of Default against Chris Horan by Venisha Arnold, filed. (Attachments: #1 Affidavit DEFENDANT CHRIS HORAN AFFIDAVIT OF SERVICE) (Arnold, Venisha) |
| Filing 39 AFFIDAVIT re: #38 Amended Complaint/Counterclaim/Crossclaim etc.,, filed. (Attachments: #1 Affidavit DEFENDANT CHRIS HORAN AFFIDAVIT OF SERVICE) (Arnold, Venisha) |
| Filing 38 Second AMENDED COMPLAINT with PLAINTIFF against Kevin Malonson, Robert Malonson, Chris Horan filed by Venisha Arnold. (Attachments: #1 Affidavit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11) (Arnold, Venisha) |
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Filing 37
ORDER denying #36 Motion for Reconsideration.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 36 MOTION for Reconsideration by Venisha Arnold, filed. Motion Docket Date 7/3/2025. (Attachments: #1 Exhibit Plaintiff's Defense Attorney Notes, #2 Exhibit Joshua Barry Employee Proof, #3 Exhibit Plaintiff's Dismissed False Accusation Statement, #4 Exhibit Plaintiff's Dismissal, #5 Exhibit Plaintiff On Day of Allegation Gym Clothes Sunglasses, #6 Exhibit Kim Ogg Birthday At Post Oak Hotel Flyer, #7 Proposed Order Motion for Reconsideration Granted) (Arnold, Venisha) |
| Filing 35 MOTION JUNE 11 VERIFICATION SO APPEAL IS CORRECT by Venisha Arnold, filed. Motion Docket Date 7/2/2025. (Arnold, Venisha) |
| Minute Entry for proceedings held before Judge Keith P. Ellison. MOTION HEARING held on 6/11/2025 on Defendants Joshua Barry, 1600 West Loop South, LLC, Landrys, LLC, and Hospitality Headquarters, Inc.s Federal Rule 12(b)(6) Motion to Dismiss (ECF No. #16 ). The Court GRANTED the Motion and DISMISSED Plaintiffs claims against Defendants 1600 West Loop South, LLC; Joshua Barry; Landrys, LLC; Hospitality Headquarters, Inc.; and Post Oak Hotel WITH PREJUDICE. The Court gave Plaintiff until June 21, 2025 to file an amended complaint against the remaining Defendants. Appearances: Venisha Diana Arnold, Hilary S. Greene, Hailey Alexandra Pulman, Sammy Ford, IV. (Court Reporter: N. Drake) (Law Clerk: JCH), filed. (glc4) |
| Filing 34 CORRECTED NOTICE of Setting as to #16 MOTION to Dismiss . Parties notified. Motion Hearing set for 6/11/2025 at 01:00 PM in by telephone before Judge Keith P Ellison, filed. (aar4) |
| Filing 33 NOTICE of Setting as to #16 MOTION to Dismiss . Parties notified. Motion Hearing set for 6/11/2025 at 01:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (aar4) |
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Filing 32
ORDER denying as moot #5 Motion for More Definite Statement.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 31 MOTION DEFENDANT'S NO RESPONSE; SERVICE OF OTHER DEFENDANTS by Venisha Arnold, filed. Motion Docket Date 6/20/2025. (Attachments: #1 Affidavit HORAN SERVICE AFFIDAVIT, #2 Affidavit K MALONSON, #3 Affidavit R MALONSON, #4 Exhibit ATTEMPT TO WAIVE SERVICE 1, #5 Exhibit ATTEMPT TO WAIVE SERVICE 2, #6 Exhibit PLAINTIFF'S DISMISSED FALSE ACCUSATION STATEMENT) (Arnold, Venisha) |
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Filing 30
ORDER denying #28 Motion.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 29 MOTION NOTICE TO COURT OF IN-PERSON SERVICE OF DEFENDANT CHRIS HORAN by Venisha Arnold, filed. Motion Docket Date 6/11/2025. (Attachments: #1 Affidavit AFFIDAVIT OF SERVICE DEFENDANT CHRIS HORAN) (Arnold, Venisha) |
| Filing 28 MOTION MOTION FOR SUBSTITUTE SERVICE by Venisha Arnold, filed. Motion Docket Date 6/11/2025. (Attachments: #1 Proposed Order ORDER FOR SUBSTITUTE SERVICE, #2 Affidavit AFFIDAVIT FOR SUBSTITUTE SERVICE FOR ROBERT MALONSON, #3 Affidavit AFFIDAVIT FOR SUBSTITUTE SERVICE FOR KEVIN MALONSON, #4 Exhibit PROOF OF KEVIN MALONSON HOME ADDRESS, #5 Exhibit ROBERT MALONSON AVOIDING SERVICE, #6 Exhibit R. MALONSON TEXTS TO PLAINTIFF'S PROCESS SERVER, #7 Exhibit R. MALONSON TEXTS, #8 Exhibit KEVIN MALONSON PROOF OF HOME ADDRESS) (Arnold, Venisha) |
| Filing 27 RESPONSE to #22 MOTION PLAINTIFF'S MOTION TO DENY DEFENDANTS MOTION TO DISMISS filed by 1600 West Loop South, LLC, Joshua Barry, Hospitality Headquarters, Inc., Landry's LLC. (Attachments: #1 Proposed Order) (Pulman, Hailey) |
| Filing 26 MOTION DEFENDANT AVODING SERVICE by Venisha Arnold, filed. Motion Docket Date 5/30/2025. (Attachments: #1 ROBERT M TEXTS RESPONSE TO PROCESS SERVER, #2 ROBERT MALONSON AVOIDING SERVICE, #3 ROBERT MALONSON AVOIDING SERVICE, #4 ROBERT MALONSON AVOIDING SERVICE, #5 CHRIS HORAN AFFIDAVIT OF SERVICE FROM PROCESS SERVER, #6 ROBERT M LAUGHING AT PLAINTIFF'S DOOR) (Arnold, Venisha) |
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Filing 25
ORDER denying #24 Motion Requesting U.S. Marshal Assistance in Re-Serving Defendants.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 24 MOTION REQUEST US MARSHALS ASSISTANCE IN RE-SERVICE OF DEFENDANTS by Venisha Arnold, filed. Motion Docket Date 5/28/2025. (Attachments: #1 Exhibit Process Server Photos, #2 Exhibit Email Process Server1, #3 Exhibit Email Process Server2) (Arnold, Venisha) |
| Filing 23 MOTION NOTICE OF STATUS OF RE-SERVICE, etc by Venisha Arnold, filed. Motion Docket Date 5/27/2025. (Attachments: #1 RE-SERVICE UPDATE, #2 RE-SERVICE UPDATE, #3 IMAGE 1, #4 IMAGE 2, #5 IMAGE 3, #6 IMAGE 4, #7 IMAGE 5, #8 IMAGE ORDER AMENDED COMPLAINT REQUEST, #9 KPRC STORY) (Arnold, Venisha) |
| Filing 22 MOTION PLAINTIFF'S MOTION TO DENY DEFENDANTS MOTION TO DISMISS by Venisha Arnold, filed. Motion Docket Date 5/21/2025. (Attachments: #1 PLAINTIFFS DISMISSAL, #2 PLAINTIFFS DISMISSED FALSE ACCUSATION STATEMENT, #3 PLAINTIFFS FALSE ARREST, #4 PLAINTIFFS FALSE ARREST2) (Arnold, Venisha) |
| Filing 21 REPLY in Support of #16 MOTION to Dismiss , filed by 1600 West Loop South, LLC, Joshua Barry, Hospitality Headquarters, Inc., Landry's LLC. (Ford, Sammy) |
| Summons Re-Issued as to Chris Horan, Kevin Malonson, Robert Malonson. Issued summons delivered to plaintiff in person, filed. (bwl4) |
| Filing 20 MOTION RE-CONSIDERATION FOR DISMISSAL OF CORPORATE DEFENDANTS AND ORDER FOR DISMISSAL by Venisha Arnold, filed. Motion Docket Date 5/14/2025. (Attachments: #1 Exhibit PLAINTIFF'S DISMISSAL, #2 Exhibit PLAINTIFF'S FALSE ACCUSATION STATEMENT, #3 Exhibit MALONSON LAUGHING AT PLAINTIFF'S DOOR, #4 Exhibit MALONSON HIDING AT PLAINTIFF DOOR, #5 Exhibit FALSE ACCUSATION COPS AT PLAINTIFFS DOOR) (Arnold, Venisha) |
| Filing 19 MOTION RE-SERVICE OF CERTAIN DEFENDANTS by Venisha Arnold, filed. Motion Docket Date 5/13/2025. (Arnold, Venisha) |
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Filing 18
ORDER denying #17 Motion for Reconsideration.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 17 MOTION for Reconsideration by Venisha Arnold, filed. Motion Docket Date 5/13/2025. (Attachments: #1 Exhibit PLAINTIFF'S DISMISSAL, #2 Exhibit PLAINTIFF'S STATEMENT) (Arnold, Venisha) |
| Filing 16 MOTION to Dismiss by 1600 West Loop South, LLC, Joshua Barry, Hospitality Headquarters, Inc., Landry's LLC, filed. Motion Docket Date 5/12/2025. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order) (Ford, Sammy) |
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Filing 15
ORDER denying #11 Motion for Default Judgment; denying #12 Motion for Default Judgment; denying #13 Motion for Default Judgment. It does not appear that Defendants Chris Horan, Robert Malonson, and Kevin Malonson have been properly served, nor has Plaintiff obtained a Clerks Entry of Default against any of the three Defendants. The Motions are therefore DENIED. (Signed by Judge Keith P Ellison) Parties notified. (dm4)
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| Filing 14 NOTICE of Appearance by Hilary Greene on behalf of 1600 West Loop South, LLC, Joshua Barry, Hospitality Headquarters, Inc., Landry's LLC, filed. (Ford, Sammy) |
| Filing 13 Agreed MOTION for Default Judgment against Kevin Malonson by Venisha Arnold, filed. Motion Docket Date 5/12/2025. (Arnold, Venisha) |
| Filing 12 Agreed MOTION for Default Judgment against Robert Malonson by Venisha Arnold, filed. Motion Docket Date 5/12/2025. (Arnold, Venisha) |
| Filing 11 Agreed MOTION for Default Judgment against Chris Horan by Venisha Arnold, filed. Motion Docket Date 5/12/2025. (Arnold, Venisha) |
| Filing 10 SUPPLMENTAL MOTION for Further Proof Of Service to Defendants re: #8 by Venisha Arnold, filed. Motion Docket Date 5/6/2025. (bmn4) |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Venisha Arnold, filed. (bmn4) |
| Filing 8 MOTION To Court Regarding Proof of Service to All Defendants by Venisha Arnold, filed. Motion Docket Date 4/30/2025. (mmm4) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by 1600 West Loop South, LLC, Hospitality Headquarters, Inc., Landry's LLC, filed. (Ford, Sammy) |
| Filing 6 AMENDED COMPLAINT against 1600 West Loop South, LLC, Joshua Barry, Chris Horan, Hospitality Headquarters, Inc., Landry's LLC, Kevin Malonson, Robert Malonson filed by Venisha Arnold. Related document: #1 Notice of Removal, filed by 1600 West Loop South, LLC. (dah4) |
| Filing 5 MOTION for More Definite Statement by 1600 West Loop South, LLC, Joshua Barry, Hospitality Headquarters, Inc., Landry's LLC, Post Oak Hotel, filed. Motion Docket Date 4/18/2025. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order) (Pulman, Hailey) |
| Filing 4 Ltr to Court re Defendants Represented by AZA by 1600 West Loop South, LLC, Joshua Barry, Landry's LLC, Hospitality Headquarters, Inc., Post Oak Hotel, filed. (Attachments: #1 Exhibit) (Pulman, Hailey) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/11/2025 at 09:30 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (gc4)
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| Filing 2 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (gc4) |
| Referral Judge Selected: Magistrate Judge Peter Bray 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. (gc4) |
| Filing 1 NOTICE OF REMOVAL from District Court of Harris County, case number 2025-11964 (Filing fee $ 405 receipt number ATXSDC-33118926) filed by 1600 West Loop South, LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Civil Cover Sheet) (Ford, Sammy) |
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