North American Butterfly Association, et al v. Neuhaus & Sons, LLC, et al
| Marianna Trevino Wright and North American Butterfly Association dba National Butterfly Center |
| We Build The Wall, Inc., Neuhaus & Sons, LLC, Brian Kolfage, Fisher Sand and Gravel Co. and Fisher Industries |
| 7:2019cv00411 |
| December 13, 2019 |
| US District Court for the Southern District of Texas |
| Randy Crane |
| Real Property: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 42 RESPONSE to #30 MOTION for Joinder as to #29 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #29 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by North American Butterfly Association dba National Butterfly Center. (Pena, Javier) |
| Minute Entry for proceedings held before Judge Randy Crane. INITIAL PRETRIAL CONFERENCE held on 2/5/2020. Case called on docket. Parties agreed to reset Initial Pretrial in April 2020, by further order to allow modeling to be completed in related case 7:19cv403. Appearances:Javier Pena, Plaintiff; Mark Joseph Courtois/Lance Alan Kirby/ David George Oliveira, Defendants. (ERO:Ricardo Rodriguez), filed.(DeliaRodriguez, 7) |
| Filing 41 NOTICE OF RESCHEDULING OF INITIAL PRETRIAL CONFERENCE. Initial Conference reset for 4/8/2020 at 09:00 AM before Judge Randy Crane (Signed by Judge Randy Crane) Parties notified.(JenniferNogueira, 7) |
| Filing 40 Supplemental BRIEF in Support re: #29 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fisher Industries, Fisher Sand and Gravel Co., filed.(Courtois, Mark) |
| Filing 39 RESPONSE in Opposition to #26 Opposed MOTION to Remand, filed by We Build The Wall, Inc.. (Attachments: #1 Proposed Order)(Haskins, Thomas) |
| Filing 38 Joint REPLY to Response to #26 Opposed MOTION to Remand, filed by Fisher Industries, Fisher Sand and Gravel Co.. (Attachments: #1 Exhibit Exhibits A, B, and C, #2 Proposed Order)(Courtois, Mark) |
| Filing 37 REPLY in Support of #14 First MOTION to Dismiss , filed by We Build The Wall, Inc.. (Haskins, Thomas) |
| Filing 36 Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fisher Industries, Fisher Sand and Gravel Co., filed.(Courtois, Mark) |
| Filing 35 CERTIFICATE OF INTERESTED PARTIES by Fisher Industries, Fisher Sand and Gravel Co., filed.(Courtois, Mark) |
| Filing 34 MINUTE ENTRY (Signed by Judge Randy Crane) Parties notified.(klopez, 7) |
| Filing 33 CERTIFICATE OF INTERESTED PARTIES by Neuhaus & Sons, LLC, filed.(Kirby, Lance) |
| Filing 32 Second AMENDED COMPLAINT against All Defendants filed by North American Butterfly Association dba National Butterfly Center. (Attachments: #1 Exhibit Exhibit A Notarized Affidavit, #2 Exhibit Exhibit B Photos)(Pena, Javier) |
| Filing 31 RESPONSE to #30 MOTION for Joinder as to #29 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by North American Butterfly Association dba National Butterfly Center. (Pena, Javier) |
| Filing 30 MOTION for Joinder as to #29 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Neuhaus & Sons, LLC, filed. Motion Docket Date 2/12/2020. (Attachments: #1 Proposed Order)(Kirby, Lance) |
| Filing 29 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fisher Industries, Fisher Sand and Gravel Co., filed. Motion Docket Date 2/10/2020. (Attachments: #1 Exhibit A, #2 Proposed Order)(Courtois, Mark) |
Filing 28
ORDER STRIKING DEFENDANTS' MOTION TO DISMISS re: #21 Brief (Signed by Judge Randy Crane) Parties notified.(SandraSilva/kb, 7)
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| Filing 27 TRANSCRIPT re: Preliminary Injunction Hearing (Cont'd) -- (PARTIAL TRANSCRIPT - EXCLUDES COURT'S RULING, PREVIOUSLY TRANSCRIBED) held on January 9, 2020 before Judge Randy Crane. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party E. Paxton Warner Release of Transcript Restriction set for 4/15/2020., filed. (mahenry, ) |
| Filing 26 Opposed MOTION to Remand by North American Butterfly Association dba National Butterfly Center, filed. Motion Docket Date 1/31/2020. (Attachments: #1 Proposed Order)(Pena, Javier) |
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Filing 25
ORDER granting Defendant's Unopposed #24 Motion for Leave to Appear for Attorney of Record.(Signed by Judge Randy Crane) Parties notified.(kanelson, 7)
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| Minute Entry for proceedings held before Judge Randy Crane. TEMPORARY RESTRAINING ORDER HEARING, along with PRELIMINARY INJUCTION HEARING IN 7:19cv403 held on 1/9/2020. Cases called on the docket. Parties agreed to allow the Court to hear both cases at the same time. The Government offered Exhibit 1-10-Admitted without objection. Status of the exchange of information between parties was presented to the Court. Plaintiff in cause No. 7:19cv411 called Witness No. 1) Mark Tompkins, telephonically. Later, in 7:19cv403, the Government called witness 2.) Dr. Uni, then Defense counsel called Witness 3.) Thomas C. Fisher and 4.) Greg Ginch. After testimony and discussion, the Court found Plaintiffs' evidence in 19cv411 to be highly speculative and not proof of substantial success on the merits. Furthermore, the Court found there is legally insufficient evidence presented by the Government of any affect in violation of the treaty. The Court DENIED WITHOUT PREJUDICE #16 Government's Request for Preliminary Injunction in 7:19cv403 and Plaintiffs' Request for Temporary Restraining Order in 7:19cv411. Appearances:Javier Pena, Plaintiff; Mark J. Courtois/Lance Alan Kirby/Victor Vincent Vicinaiz, Defendants.(ERO: Ricardo Rodriguez), filed.(DeliaRodriguez, 7) |
| Filing 24 Unopposed MOTION for Victor V. Vicinaiz to Appear as Attorney by We Build The Wall, Inc., filed. Motion Docket Date 1/29/2020. (Attachments: #1 Proposed Order Granting Ds Unopposed Motion for Leave)(Vicinaiz, Victor) |
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Filing 23
ORDER Striking Document re: #22 MOTION for Victor V. Vicinaiz to Appear as Attorney (Signed by Judge Randy Crane) Parties notified.(klopez, 7)
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| Filing 22 MOTION for Victor V. Vicinaiz to Appear as Attorney by We Build The Wall, Inc., filed. Motion Docket Date 1/29/2020. (Attachments: #1 Proposed Order for Leave to Appear for Attorney of Record)(Vicinaiz, Victor) |
| Filing 21 BRIEF re: #20 Answer to Amended Complaint by Fisher Industries, Fisher Sand and Gravel Co., filed. (Attachments: #1 Exhibit Exhibits A, 1-8)(Courtois, Mark) |
| Filing 20 ANSWER to #11 Amended Complaint/Counterclaim/Crossclaim etc. by Fisher Industries, Fisher Sand and Gravel Co., filed.(Courtois, Mark) |
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Filing 19
ORDER granting Plaintiffs' Unopposed #18 Motion to Allow Expert to Appear Telephonically for the Hearing on Temporary Restraining Order.(Signed by Judge Randy Crane) Parties notified.(klopez, 7)
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| Filing 18 Unopposed MOTION for Expert Mark Tompkins to Appear as Telephonically by North American Butterfly Association dba National Butterfly Center, filed. Motion Docket Date 1/27/2020. (Attachments: #1 Proposed Order)(Pena, Javier) |
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Filing 17
ORDER RESETTING HEARING ON TEMPORARY RESTRAINING ORDER (Hearing reset for 1/9/2020 at 10:00 AM before Judge Randy Crane (Signed by Judge Randy Crane) Parties notified.(klopez, 7)
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| Minute Entry for proceedings held before Judge Randy Crane. TRO HEARING held on 1/3/2020, along with Civil Cause No. 7:19cv403. Case called on docket. Status of cases discussed. Plaintiffs' counsel called witness No. 1 Mark Thompkins. After testimony, the Court announced resetting hearing on Temporary Restraining Order on 1/9/2020 at 10:00 AM. Appearances: Javier Pena, Plaintiff; Lance Alan Kirby, David George Oliveira, Defense. (ERO:Sandra Silva/Karen Lopez), filed.(DeliaRodriguez, 7) |
| Filing 16 STATEMENT Rule 7.1 Disclosure by We Build The Wall, Inc., filed.(Oliveira, David) |
| Filing 15 DECLARATION, filed.(Oliveira, David) |
| Filing 14 First MOTION to Dismiss by We Build The Wall, Inc., filed. Motion Docket Date 1/23/2020. (Attachments: #1 Proposed Order Order on WBTH Mt2Dismiss)(Oliveira, David) |
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Filing 13
ORDER STRIKING PLAINTIFFS' SECOND AMENDED COMPLAINT AND APPLICATION FOR INJUNCTIVE RELIEF re: #11 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge Randy Crane) Parties notified.(SandraSilva, 7)
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Filing 12
ORDER SETTING HEARING ON TEMPORARY RESTRAINING ORDER ( Hearing set for 1/3/2020 at 10:00 am before Judge Randy Crane)(Signed by Judge Randy Crane) Parties notified.(AdrianDeLaRosa, 7)
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| Filing 11 Second AMENDED COMPLAINT against All Defendants filed by North American Butterfly Association dba National Butterfly Center. (Attachments: #1 Exhibit Exhibit A Notarized Affidavit, #2 Exhibit Exhibit B Photos)(Pena, Javier) |
| Filing 10 ANSWER to Complaint by Neuhaus & Sons, LLC, filed.(Kirby, Lance) |
| Filing 9 Supplemental EXHIBITS by Neuhaus & Sons, LLC, filed. (Attachments: #1 Exhibit B)(Kirby, Lance) |
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Filing 8
ORDER granting #7 Motion for Leave to Appear.(Signed by Judge Randy Crane) Parties notified.(klopez, 7)
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| Filing 7 Unopposed MOTION for David Oliveira to Appear as Telephonically by We Build The Wall, Inc., filed. Motion Docket Date 1/9/2020. (Attachments: #1 Proposed Order)(Haskins, Thomas) |
| Minute Entry for proceedings held before Judge Randy Crane. STATUS CONFERENCE held on 12/19/2019. Case called on docket. The parties discussed the causes of action, the parties' views on how this case relates to 7:19-cv-403 and motions the parties expect to file in the future. Plaintiff will file an amended pleading and then the Court will issue an order setting a TRO hearing for 1/3/20 at 10 a.m. Court orally granted We Build the Wall, Inc.'s request for an extension of time to file its responsive pleading. WBTW's responsive pleading is now due 1/2/2020. Appearances:Javier Pena,Plaintiff; Mark Joseph Courtois/ Lance Alan Kirby//David George Oliveira/Thomas G Haskins, Jr., Defendants. (ERO: Ricardo Rodriguez), filed.(DeliaRodriguez, 7) |
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Filing 6
ORDER Striking Document re: #5 MOTION for All Defense Counsel to Appear as Motion for Counsel to Appear Telephonically (Signed by Judge Randy Crane) Parties notified.(klopez, 7)
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| Filing 5 MOTION for All Defense Counsel to Appear as Motion for Counsel to Appear Telephonically by We Build The Wall, Inc., filed. Motion Docket Date 1/8/2020. (Attachments: #1 Exhibit Ex 1 - Order Setting Hearing on Preliminary Injunction, #2 Exhibit Ex 2 - Order of Dismissal As to Defendant We Build The Wall)(Oliveira, David) |
| Filing 4 NOTICE of Appearance by Thomas G. Haskins on behalf of We Build The Wall, Inc., filed. (Haskins, Thomas) |
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Filing 3
ORDER Status Conference set for 12/19/2019 at 01:30 PM before Judge Randy Crane (Signed by Judge Randy Crane) Parties notified.(klopez, 7)
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/5/2020 at 09:00 AM before Judge Randy Crane (by Judge Randy Crane) Parties notified.(klopez, 7)
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| Filing 1 NOTICE OF REMOVAL from State Court, case number C-5049-19-I (Filing fee $ 400 receipt number 0541-23763999) filed by Neuhaus & Sons, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Kirby, Lance) |
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