Sim v. City of Houston et al
| Eric Sim |
| CITY OF HOUSTON, KATELYN HOWTON, Kirsten Koryciak, Sooyoun Cho, Alejandra Espitia, Mia Morey, Madelynn Campbell and Kirsten Kassieas |
| Sooyoun Cho |
| Eric Sim |
| 4:2026cv01563 |
| February 25, 2026 |
| U.S. District Court for the Southern District of Texas |
| Alfred H Bennett |
| Richard W Bennett |
| 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 18, 2026. A more recent docket listing may be available from PACER.
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| Filing 75 RESPONSE in Opposition to #74 MOTION to Dismiss, filed by Eric Sim. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 74 MOTION to Dismiss and to Strike by Alejandra Espitia, filed. Motions referred to Richard W Bennett. Motion Docket Date 8/18/2026. (Attachments: #1 Proposed Order) (bwl4) |
| Filing 73 NOTICE of Setting. Parties notified. Status Conference set for 10/2/2026 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
| Filing 71 Mail Returned Undeliverable as to Alejandra Espitia re: #62 Order on Motion for Extension of Time, filed. (An updated address was found, and the Order was re-noticed.) (sew4) |
| Filing 70 Joint REPLY to Response to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by City of Houston, Katelyn Howton, Kirsten Kassieas. (Azadeh, Melissa) |
| Filing 69 REPLY in Support of #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Eric Sim. (Ebaugh, Nelson) |
| Filing 68 RESPONSE in Opposition to #61 Joint MOTION to AbateJoint MOTION to Stay , filed by Eric Sim. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
Filing 67
MINUTE ENYRY ORDER: Defendant Alejandra Espita's Motion for Extension of Time to Respond to Plaintiff's Original Complaint (ECF No. 28) is DENIED as MOOT as an extension to respond filed in a similar subsequent motion (ECF No. 47) was granted by the District Judge on May 19, 2026 (ECF No. 49). (Signed by Magistrate Judge Richard W Bennett). Parties notified. (svj4) Modified on 6/25/2026 (svj4).
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Filing 66
ORDER granting #57 Motion for Leave to File.(Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4)
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Filing 72
ORDER granting #61 Motion to Abate; granting #61 Motion to Stay. A status conference will be held in 90 days..(Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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Filing 65
ORDER REFERRING CASE to Magistrate Judge Richard W. Bennett (Signed by Judge Alfred H Bennett) Parties notified. (bli4)
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| Filing 64 RESPONSE in Opposition to #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Sooyoun Cho. (Humphrey, Brian) |
| Filing 63 MOTION for Extension of Time to Respond to Complaint #1 by Alejandra Espitia, filed. Motion Docket Date 7/8/2026. (smg4) |
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Filing 62
ORDER granting #60 Motion for Extension of Time to File Replies in Support of their Motions to Dismiss. Replies due by 6/26/2026. (Signed by Judge Alfred H Bennett) Parties notified. (glc4)
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| Filing 61 Joint MOTION to Abate ( Motion Docket Date 7/6/2026.), Joint MOTION to Stay by Madelynn Campbell, Sooyoun Cho, City of Houston, Alejandra Espitia, Katelyn Howton, Kirsten Kassieas, Kirsten Koryciak, Mia Morey, filed. (Attachments: #1 Proposed Order) (Azadeh, Melissa) |
| Filing 60 Unopposed MOTION for Extension of Time to File Replies in Support of their Motions to Dismiss by City of Houston, Katelyn Howton, Kirsten Kassieas, filed. Motion Docket Date 7/6/2026. (Attachments: #1 Proposed Order) (Azadeh, Melissa) |
| Filing 59 RESPONSE in Opposition to #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Eric Sim. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 58 RESPONSE in Opposition to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Eric Sim. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 57 MOTION for Leave to File Opposition to Defendants City of Houston and Katelyn Howtons Motion to Dismiss the Complaint that is in excess of the Courts page limit by Eric Sim, filed. Motion Docket Date 6/26/2026. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
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Filing 56
ORDER granting #54 Motion for Extension of Time. The docket date and deadline for Defendant is extended to June 19, 2026. (Signed by Judge Alfred H Bennett) Parties notified. (bnb6)
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Filing 55
ORDER granting #53 Motion for Extension of Time. Plaintiff's deadline to respond to #19 Motion to Dismiss and #32 Motion to Dismiss is extended to June 5, 2026. (Signed by Judge Alfred H Bennett) Parties notified. (bnb6)
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| Filing 54 Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss Counterclaim by Sooyoun Cho, filed. Motion Docket Date 6/17/2026. (Attachments: #1 Proposed Order) (Humphrey, Brian) |
| Filing 53 Unopposed MOTION for Extension of Time to respond to Defendants City of Houston and Katelyn Howtons Motion to Dismiss Under Rule 12(b)(6), Fed. R. Civ. P. (Doc. 19), and Defendant Kirsten Kassieass Motion to Dismiss Under Rule 12(b)(6), Fed. R. Civ. P. (Doc. 32) by Eric Sim, filed. Motion Docket Date 6/17/2026. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
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Filing 52
SCHEDULING ORDER. Jury Trial. Amended Pleadings due by 11/19/2026. Joinder of Parties due by 11/19/2026 Pltf Expert Witness List due by 5/19/2027. Pltf Expert Report due by 5/19/2027. Deft Expert Witness List due by 6/21/2027. Deft Expert Report due by 6/21/2027. Discovery due by 8/19/2027. Dispositive Motion Filing due by 10/4/2027. Non-Dispositive Motion Filing due by 10/4/2027. The Deft shall supply the Pltf with a final version of its pretrial order by 12/30/2027. Joint Pretrial Order due by 1/14/2028. Docket Call set for 1/28/2028 at 01:30 PM in Courtroom 9A before Judge Alfred H Bennett. Jury Trial set for 1/31/2028 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett (Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4)
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Filing 51
MINUTE ENTRY ORDER: The court held an Initial Conference and entered a Scheduling Order. Appearances: Brian Scott Humphrey, II, Melissa Azadeh, Nelson Starbranch Ebaugh, Alejandra Espitia (Pro Se) Kimberly C. Lau. Ct Reporter: ERO. Digital Number: 10:04-10:09AM. (Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4)
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Filing 50
ORDER granting #44 Motion for Extension of Time Response due by 5/29/2026.(Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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Filing 49
ORDER granting #47 Motion for Extension of Time Responses due by 6/17/2026.(Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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| Filing 48 RESPONSE to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike #1 Complaint filed by Eric Sim. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 47 MOTION for Extension of Time Response to Plaintiff's Original Complaint by Alejandra Espitia, filed. Motion Docket Date 6/8/2026. (jld4) |
| Filing 46 letter submitting proposed scheduling order with dates by Eric Sim, filed. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Eric Sim, filed. Motion Docket Date 6/5/2026. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 44 Unopposed MOTION for Extension of Time to respond to Defendants City of Houston and Katelyn Howtons Motion to Dismiss Under Rule 12(b)(6), Fed. R. Civ. P. (Doc. 19), and Defendant Kirsten Kassieass Motion to Dismiss Under Rule 12(b)(6), Fed. R. Civ. P. (Doc. 32) by Eric Sim, filed. Motion Docket Date 6/5/2026. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 43 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Eric Sim, filed. (Attachments: #1 Proposed Order Proposed Scheduling Order) (Ebaugh, Nelson) |
| Filing 42 CERTIFICATE OF INTERESTED PARTIES by Sooyoun Cho, filed. (Humphrey, Brian) |
| Filing 41 CERTIFICATE OF INTERESTED PARTIES by City of Houston, Katelyn Howton, Kirsten Kassieas, filed. (Azadeh, Melissa) |
| Filing 40 REPLY in Support of #16 MOTION to Dismiss #1 Complaint , filed by Madelynn Campbell. (Bracken, Geoffrey) |
| Filing 39 RETURN of Service of SUMMONS Executed as to Madelynn Campbell served on 3/5/2026, answer due 3/26/2026, filed. (Ebaugh, Nelson) |
| Filing 38 RETURN of Service of SUMMONS Executed as to Mia Morey served on 3/5/2026, answer due 3/26/2026, filed. (Ebaugh, Nelson) |
| Filing 37 RETURN of Service of SUMMONS Executed as to Alejandra Espitia served on 3/30/2026, answer due 4/20/2026, filed. (Ebaugh, Nelson) |
| Filing 36 RETURN of Service of SUMMONS Executed as to Sooyoun Cho served on 3/5/2026, answer due 3/26/2026, filed. (Ebaugh, Nelson) |
| Filing 35 RETURN of Service of SUMMONS Executed as to Kirsten Kassieas served on 4/8/2026, answer due 4/29/2026; Kirsten Koryciak served on 4/8/2026, answer due 4/29/2026, filed. (Ebaugh, Nelson) |
| Filing 34 RETURN of Service of SUMMONS Executed as to Katelyn Howton served on 3/10/2026, answer due 3/31/2026, filed. (Ebaugh, Nelson) |
| Filing 33 RETURN of Service of SUMMONS Executed as to City of Houston served on 3/3/2026, answer due 3/24/2026, filed. (Ebaugh, Nelson) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kirsten Kassieas, filed. Motion Docket Date 5/20/2026. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Azadeh, Melissa) |
| Filing 31 COUNTERCLAIM against Eric Sim filed by Sooyoun Cho. (Humphrey, Brian) |
| Filing 30 RESPONSE in Opposition to #16 MOTION to Dismiss #1 Complaint , filed by Eric Sim. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 29 MOTION for Extension of Time to Respond to Complaint #26 by Mia Morey, filed. Motion Docket Date 5/15/2026. (cak4) |
| Filing 28 MOTION for Extension of Time to Respond to Plaintiff's Original Complaint by Alejandra Espitia, filed. Motion Docket Date 5/11/2026. (anc4) (Additional attachment(s) added on 4/20/2026: #1 Proposed Order) (anc4). |
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Filing 27
ORDER mooting #22 Motion; granting #25 Motion for Extension.(Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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Filing 26
ORDER granting #14 Motion for Extension of Time. Defendant Mia Morey has until 4/27/2026 to file her answer or other responsive pleading. (Signed by Judge Alfred H Bennett) Parties notified. (bnb6)
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| Filing 25 Unopposed MOTION to extend Plaintiff Eric Sims deadline to respond to Defendant Madelynn Campbells Rule 12(b)(6) Motion to Dismiss by Eric Sim, filed. Motion Docket Date 5/6/2026. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
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Filing 24
ORDER granting #21 Motion for Extension of Time.(Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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| Filing 23 CERTIFICATE OF INTERESTED PARTIES by Madelynn Campbell, filed. (Bracken, Geoffrey) |
| Filing 22 Opposed MOTION to extend Plaintiff Eric Sims deadline to respond to Defendant Madelynn Campbells Rule 12(b)(6) Motion to Dismiss by Eric Sim, filed. Motion Docket Date 4/28/2026. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 21 Unopposed MOTION to extend Plaintiff Eric Sims deadlines to respond to Defendants City of Houston and Katelyn Howtons Motion to Dismiss Under Rule 12(b)(6), Fed. R. Civ. P., and Defendant Soo Youn Chos Motion to Dismiss and to Strike by Eric Sim, filed. Motion Docket Date 4/28/2026. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 20 Unopposed RESPONSE to #14 MOTION for Extension of Time Respond to Complaint filed by Eric Sim. (Attachments: #1 Proposed Order) (Ebaugh, Nelson) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Houston, Katelyn Howton, filed. Motion Docket Date 4/21/2026. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Azadeh, Melissa) |
| Filing 18 Summons Issued as to Kirsten Koryciak. Issued summons delivered to plaintiff by NEF, filed. (hl4) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Strike #1 Complaint ( Motion Docket Date 4/16/2026.) by Sooyoun Cho, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Humphrey, Brian) |
| Summons Not Issued as to Kirsten Koryciak due to these deficiencies: Defendant previously served (see #5 ). Attorney notified of deficiencies by NEF, filed. (bmn4) |
| Filing 16 MOTION to Dismiss #1 Complaint by Madelynn Campbell, filed. Motion Docket Date 4/15/2026. (Attachments: #1 Proposed Order) (Bracken, Geoffrey) |
| Filing 15 Request for Issuance of Summons as to Kirsten Koryciak, filed. (Ebaugh, Nelson) |
| Filing 14 MOTION for Extension of Time to Respond to Complaint by Mia Morey, filed. Motion Docket Date 4/10/2026. (ndb3) |
| Filing 13 Summons Issued as to Alejandra Espitia. Issued summons delivered to plaintiff by NEF, filed. (bow4) |
| Filing 12 Request for Issuance of Summons as to Alejandra Espitia, filed. (Ebaugh, Nelson) |
| Filing 11 NOTICE of Resetting. Parties notified. Initial Conference set for 5/22/2026 at 10:00 AM in by video before Magistrate Judge Richard W Bennett, filed. (svj4) |
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Filing 10
ORDER granting #8 Motion for James Edward Figliozzi to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Alfred H Bennett) Parties notified. (bav1)
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Filing 9
ORDER granting #7 Motion for Kimberly C. Lau to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Alfred H Bennett) Parties notified. (mmm4)
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| Filing 8 MOTION to Appear Pro Hac Vice for James Figliozzi (Fee Paid: $100, receipt number ATXSDC-35231085) by Eric Sim, filed. Motion Docket Date 3/24/2026. (Ebaugh, Nelson) |
| Filing 7 MOTION to Appear Pro Hac Vice for Kimberly C. Lau (Fee Paid: $100, receipt number ATXSDC-35230977) by Eric Sim, filed. Motion Docket Date 3/24/2026. (Ebaugh, Nelson) |
| Filing 6 CERTIFICATE OF INTERESTED PARTIES by Eric Sim, filed. (Ebaugh, Nelson) |
| Filing 5 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (sew4) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/29/2026 at 10:00 AM by video before Magistrate Judge Richard W Bennett. (Signed by Magistrate Judge Richard W Bennett) Parties notified. (dmm4)
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| Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (dmm4) |
| Referral Judge Selected: Magistrate Judge Richard W. Bennett 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. (dmm4) |
| Filing 2 Request for Issuance of Summons as to All Defendants, filed. (Ebaugh, Nelson) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-35183340) filed by Eric Sim. (Attachments: #1 Civil Cover Sheet) (Ebaugh, Nelson) |
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