Polk v. Brown
| Geoffrey Polk |
| Cassie Brown |
| 4:2025cv02652 |
| June 8, 2025 |
| U.S. District Court for the Southern District of Texas |
| Charles Eskridge |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on December 3, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Notice of Assignment of USCA No. 25-20524 re: #19 Notice of Interlocutory Appeal, filed. (bav1) |
| Filing 25 DKT13 TRANSCRIPT ORDER REQUEST by Geoffrey Polk. Transcript is unnecessary for appeal purposes This order form relates to the following: #19 Notice of Interlocutory Appeal, filed. (Polk, Geoffrey) |
| Filing 24 Notice of Non-Compliance. The appellant (or counsel for the appellant, if represented) has failed to: Submit the DKT13 transcript order form. Parties notified, filed. (bav1) |
Filing 23
ORDER granting #20 Motion to Stay Discovery.(Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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| Filing 22 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #19 Notice of Interlocutory Appeal. Fee status: Paid. Reporter(s): ERO, Walker-Bailey, filed. (edg1) |
| Appeal Review Notes re: #19 Notice of Interlocutory Appeal. Fee status: Paid. The appeal filing fee has been paid or an 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: 3, filed. (edg1) |
| Filing 21 DESIGNATION of Record on Appeal by Geoffrey Polk, filed. (Polk, Geoffrey) |
| Filing 20 Unopposed MOTION to Stay Discovery by Geoffrey Polk, filed. Motion Docket Date 12/4/2025. (Polk, Geoffrey) |
| Filing 19 NOTICE OF INTERLOCUTORY APPEAL to US Court of Appeals for the Fifth Circuit by Geoffrey Polk (Filing fee $ 605, receipt number ATXSDC-34495412), filed. (Polk, Geoffrey) |
| Filing 18 Minute entry for PRELIMINARY INJUNCTION and MOTION HEARING before Judge Charles Eskridge on October 28, 2025. All parties present and represented by counsel. The Court addressed the motions by Plaintiff for preliminary injunction and by Defendant to dismiss. Dkts 8 & 10. Argument heard. The motion for preliminary injunction was DENIED for reasons stated on the record. Dkt 10. It was noted that it would be precipitous to overturn a 60-year-old statute on a preliminary basis. It was also noted that Plaintiff has brought similar cases in other states without requesting a preliminary injunction, thus suggesting slight, if any, perception of actual irreparable injury. And it was unclear on the merits, given the present record and lack of factual clarity, how either prong of the Privileges and Immunities Clause analysis would apply here. See Supreme Court of Virginia v Friedman, 487 US 59, 64 (1988). The motion to dismiss was DENIED for reasons stated on the record. Dkt 8. It was noted that more discovery was necessary to appropriately consider and apply the Privileges and Immunities Clause here. It was also noted that the briefing at present was inadequate to reach a ruling of sufficient consideration on a constitutional question that hasn't been addressed by the Fifth Circuit. The Court addressed the joint discovery/case management plan. Dkt 12. The parties were ORDERED to confer regarding an appropriate scheduling order, particularly as to timing of dispositive motions. The joint scheduling order must be filed by November 11, 2025. The parties are advised that the Court intends to make suitable appointment to receive an amicus curiae brief on issues pertinent to an original understanding of the Privileges and Immunities Clause as relevant here. The parties should brief such points themselves in any dispositive motion and may request filings by other amici on their behalf. The parties should continue to confer in good faith regarding discovery and settlement. Appearances: William Howard Farrell, Geoffrey B. Polk.(ERO: used), filed. (jmg4) |
| ***Reset Hearings: Injunction Hearing set for 10/28/2025 at 03:30 PM in Courtroom 9F before Judge Charles Eskridge. Hearing reset as to TIME ONLY. (jmg4) |
| Filing 17 NOTICE of Setting. Parties notified. Injunction Hearing set for 10/28/2025 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge, filed. (jmg4) |
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Filing 16
ORDER re: The competing motions for preliminary injunction and to dismiss will be set together for hearing in the near future by separate order. (Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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| Filing 15 NOTICE of Transfer. Case reassigned to Judge Charles Eskridge for the following reason: agreement between judges. Judge Alfred H Bennett no longer assigned to the case. Parties notified, filed. (bli4) |
| Minute Entry for proceedings held before Judge Alfred H Bennett. INJUNCTION HEARING held on 9/19/2025.Counsel advised a previous case, 25cv2652 was assigned to Judge Eskridge and will inquire about a transfer. Appearances: By phone William Howard Farrell, Geoffrey B. Polk.(Court Reporter: M. Walker-Bailey), filed. (lre4) |
| Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 9/11/2025. Initial Conference set for 10/16/2025 at 10:00 AM in by video before Magistrate Judge Peter Bray Appearances: William Howard Farrell, Geoffrey B. Polk.(ERO:Yes), filed. (jmm4) |
| Filing 14 REPLY to Response to #10 MOTION for Preliminary Injunction, filed by Geoffrey Polk. (Polk, Geoffrey) |
| Filing 13 RESPONSE to #10 MOTION for Preliminary Injunction filed by Cassie Brown. (Farrell, William) |
| Filing 12 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Cassie Brown, filed. (Farrell, William) |
| Filing 11 NOTICE of Setting as to #10 MOTION for Preliminary Injunction. Parties notified. Injunction Hearing set for 9/19/2025 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
| Filing 10 MOTION for Preliminary Injunction by Geoffrey Polk, filed. Motion Docket Date 9/2/2025. (Attachments: #1 Affidavit) (Polk, Geoffrey) |
| Filing 9 RESPONSE in Opposition to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED, filed by Geoffrey Polk. (Polk, Geoffrey) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED by Texas Insurance Commissioner, filed. Motion Docket Date 8/29/2025. (Farrell, William) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Cassie Brown, Texas Insurance Commissioner, filed. (Farrell, William) |
| Filing 6 CERTIFICATE OF INTERESTED PARTIES by Geoffrey Polk, filed. (Polk, Geoffrey) |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Cassie Brown served on 6/11/2025, answer due 8/11/2025, filed. (Polk, Geoffrey) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/11/2025 at 10:00 AM by video before Magistrate Judge Peter Bray. (Signed by Magistrate Judge Peter Bray) Parties notified. (amp4)
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| Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (amp4) |
| 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. (amp4) |
| Filing 2 Civil Cover Sheet by Geoffrey Polk, filed. (Polk, Geoffrey) |
| Filing 1 COMPLAINT against Cassie Brown (Filing fee $ 405 receipt number ATXSDC-33556133) filed by Geoffrey Polk. (Attachments: #1 Exhibit Denial of Application, #2 Exhibit Letter re Denial of Application) (Polk, Geoffrey) |
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| Plaintiff: Geoffrey Polk | |
| Represented By: | Geoffrey B. Polk |
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| Defendant: Cassie Brown | |
| Represented By: | William Howard Farrell |
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