Doty v. Sun Auto & Tire Service et al
| Charles Thomas Doty |
| Sun Auto & Tire Service and Does 1-25 Inclusive |
| 4:2025cv04874 |
| October 13, 2025 |
| U.S. District Court for the Southern District of Texas |
| David Hittner |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 20 RESPONSE TO PLAINTIFF'S BRIEF IN SUPPORT OF EXTENSION OF TIME TO FILE NOTICE OF APPEAL, filed by Sun Auto & Tire Service. (Mayes, Jeffrey) |
| Filing 19 BRIEF IN SUPPORT OF EXTENSION OF TIME TO FILE NOTICE OF APPEAL by Charles Thomas Doty, filed. (Pittman, John) |
Filing 18
ORDER. The Court hereby ORDERS that Plaintiff submits addition briefing, NO LATER THAN FEBRUARY 26, 2026, detailing what good cause exists for Plaintiff's failure to timely file his notice of appeal. The Court further ORDERS that Defendants, in the event they are opposed to Plaintiff's current motion for an extension of time, submit their response NO LATER THAN MARCH 12, 2026. The Court further ORDERS that each party's briefing is not to exceed five pages. (Signed by Judge David Hittner) Parties notified. (jww4)
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Filing 17
Order of USCA - PER CURIAM re: #10 Notice of Appeal ; USCA No. 26-20033. this case is REMANDED to the district court for a determination whether appellant failed to file a notice of appeal within the time required by Rule 4 of the Federal Rules of Appellate Procedure, and if so, whether there is excusable neglect or good cause for appellant's failure to file a notice of appeal within 30 days after entry of the judgment or order appealed from., filed. (dlr1)
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| USCA Appeal Fees received $ 605.00, receipt number 400018486 re: #10 Notice of Appeal, filed. (koo4) |
| Notice of Assignment of USCA No. 26-20033 re: #10 Notice of Appeal, filed. (dlr1) |
| Filing 16 NOTICE OF PAYMENT OF APPELLATE FILING FEE AND RESPONSE TO NOTICE OF NON-COMPLIANCE re: #13 Order on Motion for Leave to Appeal In Forma Pauperis - CIVIL by Charles Thomas Doty, filed. (Pittman, John) |
| Filing 15 Notice of Non-Compliance. The appellant (or counsel for the appellant, if represented) has failed to: Pay the notice of appeal filing fee. Parties notified, filed. (mp1) |
| Filing 14 DKT13 TRANSCRIPT ORDER REQUEST by John L. Pittman III. No hearings This order form relates to the following: #10 Notice of Appeal, filed. (Pittman, John) |
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Filing 13
ORDER denying #11 Motion for Leave to Appeal In Forma Pauperis. (Signed by Judge David Hittner) Parties notified. (jww4)
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| Filing 12 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #11 MOTION for Leave to Appeal in forma pauperis, #10 Notice of Appeal. Fee status: Not Paid. Reporter(s): n/a, filed. (Attachments: #1 Notice of Appeal) (bav1) |
| Appeal Review Notes re: #10 Notice of Appeal. Fee status: Not Paid. The appeal filing fee has not been paid, and the appellant is represented by counsel.A motion to proceed in forma pauperis is pending.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed. (bav1) |
| Filing 11 MOTION for Leave to Appeal in forma pauperis by Charles Thomas Doty, filed. Motion Docket Date 2/5/2026. (Attachments: #1 Affidavit FINANCIAL FORM) (Pittman, John) |
| Filing 10 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #6 Order on Motion to Dismiss for Failure to State a Claim, #9 Order on Motion to Vacate, by Charles Thomas Doty, filed. (Pittman, John) |
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Filing 9
ORDER denying #7 Motion to Vacate Order of Dismissal, Reinstate Case, and Extend Time to Respond to Defendant's Motion to Dismiss (Fed. R. Civ. P. 59(e), 60(b)(l), 60(b)(6), and 6(b)(l)(B)). (Signed by Judge David Hittner) Parties notified. (jww4)
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| Filing 8 RESPONSE to #7 MOTION to Vacate #6 Order on Motion to Dismiss for Failure to State a Claim, filed by Sun Auto & Tire Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Mayes, Jeffrey) |
| Filing 7 MOTION to Vacate #6 Order on Motion to Dismiss for Failure to State a Claim, by Charles Thomas Doty, filed. Motion Docket Date 12/29/2025. (Attachments: #1 Affidavit DECLARATION OF JOHN L. PITTMAN III, #2 Exhibit EXHIBIT A - OPPOSITION TO MOTION TO DISMISS, #3 Exhibit PROPOSED ORDER DENYING MOTION TO DISMISS, #4 Exhibit EXHIBIT B - PROPOSED FIRST AMENDED COMPLAINT, #5 Proposed Order PROPOSED ORDER TO VACATE THE DISMISSAL AND REINSTATE, #6 Affidavit CERTIFICATE OF SERVICE) (Pittman, John) |
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Filing 6
ORDER. Defendant Sun Auto & Tire Service's Rule 12(b)(6) Motion to Dismiss (Document No. #5 ) is GRANTED. The Court further ORDERS that Plaintiff Charles Thomas Doty's claims against all Defendants are DISMISSED. THIS IS A FINAL JUDGMENT. (Signed by Judge David Hittner) Parties notified. (jww4)
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| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sun Auto & Tire Service, filed. Motion Docket Date 11/10/2025. (Attachments: #1 Proposed Order) (Mayes, Jeffrey) |
| Filing 4 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Sun Auto & Tire Service, filed. (Mayes, Jeffrey) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/23/2026 at 10:15 AM by video before Magistrate Judge Yvonne Y Ho. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (smg4)
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| Filing 2 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (smg4) |
| 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. (smg4) |
| Filing 1 NOTICE OF REMOVAL from 268th Judicial District Court, Fort Bend County, Texas, case number 25-DCV-334385 (Filing fee $ 405 receipt number ATXSDC-34300649) filed by Sun Auto & Tire Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Mayes, Jeffrey) |
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