Henry v. Zimmer et al
| Keathen Avon Henry |
| Chandos Zimmer, John Phillips, Andres Rodriguez, Bradley Metcalf, Unknown Waller County Sheriff's Deputies, Waller County, Waller County Sheriff's Office, Troy Guidry and Carbett J. Duhon, III |
| 4:2025cv03499 |
| July 29, 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 January 15, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 NOTICE of Setting as to #14 MOTION to Dismiss Plaintiff's Original Complaint, #10 MOTION to Dismiss Plaintiff's Original Complaint (Doc. 1), Pursuant to FRCP 12(b)(6), #35 MOTION to Dismiss Plaintiff's Original Complaint. Parties notified. Motion Hearing set for 1/29/2026 at 01:30 PM in by telephone before Judge Keith P Ellison, filed. (glc4) |
| Initial Conference set for 1/15/2026 at 02:15 PM is terminated. (glc4) |
Filing 41
SCHEDULING ORDER. ETT: 5-6 Days. Jury trial. Amended Pleadings due by 2/27/2026. Joinder of Parties due by 2/27/2026 Pltf Expert Witness Report due by 5/1/2026. Deft Expert Witness Report due by 6/5/2026. Discovery due by 7/10/2026. Dispositive and Non-Dispositive Motion Filing due by 11/23/2026. Joint Pretrial Order and Motions in Limine due by 2/16/2027. Jury Trial set for 2/22/2027 at 09:00 AM in Courtroom 3A before Judge Keith P Ellison (Signed by Judge Keith P Ellison) Parties notified. (bli4)
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| Filing 40 Notice Regarding Initial Conference (Signed by Judge Keith P Ellison) Parties notified. (aar4) |
| Filing 39 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bradley Metcalf, John Phillips, Andres Rodriguez, Unknown Waller County Sheriff's Deputies, Waller County, Waller County Sheriff's Office, Chandos Zimmer, filed. (Stelly, Alex) |
| Filing 38 First CERTIFICATE OF INTERESTED PARTIES by Keathen Avon Henry, filed. (Thomas, Clay) |
| Filing 37 INITIAL DISCLOSURES by Keathen Avon Henry, filed. (Thomas, Clay) |
| Filing 36 First RESPONSE in Opposition to #35 MOTION to Dismiss Plaintiff's Original Complaint, filed by Keathen Avon Henry. (Attachments: #1 Proposed Order) (Thomas, Clay) |
| Filing 35 MOTION to Dismiss Plaintiff's Original Complaint by John Phillips, Chandos Zimmer, filed. Motion Docket Date 12/29/2025. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order) (Stelly, Alex) |
| Filing 34 NOTICE of Setting. Parties notified. Initial Conference reset for 1/15/2026 at 02:15 PM in by telephone before Judge Keith P Ellison, filed. (aar4) |
| Filing 33 WAIVER OF SERVICE Returned Executed as to John Phillips served on 10/9/2025, answer due 12/8/2025, filed. (Thomas, Clay) |
| Filing 32 WAIVER OF SERVICE Returned Executed as to Chandos Zimmer served on 10/9/2025, answer due 12/8/2025, filed. (Thomas, Clay) |
| Filing 31 LIMITED SURREPLY to #23 REPLY to Response re: #14 MOTION to Dismiss Plaintiff's Original Complaint filed by Keathen Avon Henry. (bli4) |
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Filing 30
ORDER granting #26 Motion for Leave to File. (Signed by Judge Keith P Ellison) Parties notified. (bli4)
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| Filing 29 LIMITED SURREPLY to #22 REPLY to Response re: #10 MOTION to Dismiss Plaintiff's Original Complaint filed by Keathen Avon Henry. (bli4) |
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Filing 28
ORDER granting #25 Motion for Leave to File. (Signed by Judge Keith P Ellison) Parties notified. (bli4)
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Filing 27
ORDER granting #24 Motion to Substitute.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 26 MOTION for Leave to File Limited Sur-Reply by Keathen Avon Henry, filed. Motion Docket Date 10/27/2025. (Attachments: #1 Exhibit, #2 Proposed Order) (Thomas, Clay) |
| Filing 25 MOTION for Leave to File Limited Sur-Reply by Keathen Avon Henry, filed. Motion Docket Date 10/27/2025. (Attachments: #1 Exhibit, #2 Proposed Order) (Thomas, Clay) |
| Filing 24 Second MOTION to Substitute Service by Keathen Avon Henry, filed. Motion Docket Date 10/27/2025. (Attachments: #1 Proposed Order) (Thomas, Clay) |
| Filing 23 REPLY to Response to #14 MOTION to Dismiss Plaintiff's Original Complaint, filed by Bradley Metcalf, Andres Rodriguez. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Proposed Order) (Stelly, Alex) |
| Filing 22 REPLY to Response to #10 MOTION to Dismiss Plaintiff's Original Complaint (Doc. 1), Pursuant to FRCP 12(b)(6), filed by Waller County, Waller County Sheriff's Office. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Proposed Order) (Stelly, Alex) |
| Filing 21 NOTICE of Defendants' Initial Disclosures (Subject to Motion to Dismiss) by Bradley Metcalf, Andres Rodriguez, Waller County, Waller County Sheriff's Office, filed. (Stelly, Alex) |
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Filing 20
ORDER granting #16 Motion for Leave to File.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 19 PROPOSED ORDER re: #17 Response in Opposition to Motion, filed. (Thomas, Clay) |
| Filing 18 PROPOSED ORDER Denying Defendant's Mootion re: #16 Agreed MOTION for Leave to File Late Response, filed. (Thomas, Clay) |
| Filing 17 First RESPONSE in Opposition to #14 MOTION to Dismiss Plaintiff's Original Complaint, filed by Keathen Avon Henry. (Thomas, Clay) |
| Filing 16 Agreed MOTION for Leave to File Late Response by Keathen Avon Henry, filed. Motion Docket Date 10/14/2025. (Attachments: #1 Exhibit, #2 Proposed Order) (Thomas, Clay) |
| Filing 15 CERTIFICATE OF INTERESTED PARTIES by Bradley Metcalf, Andres Rodriguez, Waller County, Waller County Sheriff's Office, filed. (Stelly, Alex) |
| Filing 14 MOTION to Dismiss Plaintiff's Original Complaint by Bradley Metcalf, Andres Rodriguez, filed. Motion Docket Date 9/24/2025. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Stelly, Alex) |
| Filing 13 RETURN of Service of SUMMONS Executed as to Bradley Metcalf served on 8/19/2025, answer due 9/9/2025, filed. (Thomas, Clay) |
| Filing 12 RETURN of Service of SUMMONS Executed as to Andres Rodriguez served on 8/14/2025, answer due 9/4/2025, filed. (Thomas, Clay) |
| Filing 11 RETURN of Service of SUMMONS Executed as to Troy Guidry served on 8/14/2025, answer due 9/4/2025, filed. (Thomas, Clay) |
| Filing 10 MOTION to Dismiss Plaintiff's Original Complaint (Doc. 1), Pursuant to FRCP 12(b)(6) by Waller County, Waller County Sheriff's Office, filed. Motion Docket Date 9/11/2025. (Attachments: #1 Proposed Order) (Stelly, Alex) |
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Filing 9
ORDER granting #8 Motion to Substitute.(Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 8 First MOTION to Substitute Service by Keathen Avon Henry, filed. Motion Docket Date 8/27/2025. (Attachments: #1 Proposed Order) (Thomas, Clay) |
| Filing 7 RETURN of Service of SUMMONS Executed as to Carbett J. Duhon, III served on 8/1/2025, answer due 8/22/2025, filed. (see also entry #6, re-docketed for report purposes) (jld4) |
| Filing 6 RETURN of Service, filed. (Thomas, Clay) |
| Filing 5 Summons Issued as to Carbett J. Duhon, III, Troy Guidry, Bradley Metcalf, John Phillips, Andres Rodriguez, Chandos Zimmer. Issued summons delivered to plaintiff by NEF, filed. (mew4) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/31/2025 at 04:45 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (pns4)
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| Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (pns4) |
| Referral Judge Selected: Magistrate Judge Yvonne Y. Ho 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. (pns4) |
| Filing 2 Request for Issuance of Summons as to Bradley Metcalf, John Phillips, Andres Rodriguez, Waller County, Waller County Sheriff's Office, Chandos Zimmer, filed. (Thomas, Clay) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-33844083) filed by Keathen Avon Henry. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Thomas, Clay) |
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