Pena, Individually, and As next best friend of A.P. et al v. Starr County, Texas et al
Plaintiff: Martina Pena, Individually, and As next best friend of A.P. and Aristedes Pena, Individually, and On behalf of the Estate of Alberto Pena
Defendant: Starr County, Texas, Evelario Garza and Ubaldo Suarez
Case Number: 7:2022cv00276
Filed: August 12, 2022
Court: US District Court for the Southern District of Texas
Presiding Judge: Micaela Alvarez
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2022 Opinion or Order Filing 19 RESPONSE to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Relief Pursuant to Rule 12 filed by Martina Pena, Individually, and As next best friend of A.P., Aristedes Pena, Individually, and On behalf of the Estate of Alberto Pena. (Roberts, James)
October 4, 2022 Opinion or Order Filing 18 REPLY to #13 Response to Motion, , filed by Starr County, Texas. (Drinkard, Robert)
October 4, 2022 Opinion or Order Filing 17 REPLY to #14 Response to Motion, , filed by Ubaldo Suarez. (Drinkard, Robert)
September 29, 2022 Opinion or Order Filing 16 ORDER. Case stayed. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
September 27, 2022 Opinion or Order Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Relief Pursuant to Rule 12 by Evelario Garza, filed. Motion Docket Date 10/18/2022. (Attachments: #1 Proposed Order Order on Defendant Garza's Rule 12 Motion to Dismiss for Failure to State a Claim)(Drinkard, Robert)
September 27, 2022 Opinion or Order Filing 14 RESPONSE to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Rule 12(b)(6) filed by Martina Pena, Individually, and As next best friend of A.P., Aristedes Pena, Individually, and On behalf of the Estate of Alberto Pena. (Roberts, James)
September 27, 2022 Opinion or Order Filing 13 RESPONSE to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Rule 12(b)(6) filed by Martina Pena, Individually, and As next best friend of A.P., Aristedes Pena, Individually, and On behalf of the Estate of Alberto Pena. (Roberts, James)
September 13, 2022 Opinion or Order ***Set/Reset Deadlines/Hearings: Initial Conference set for 11/15/2022 at 09:00 AM before Judge Micaela Alvarez. (JenniferNogueira, 7)
September 13, 2022 Opinion or Order Filing 12 NOTICE of Appearance by Ricardo J. Navarro on behalf of Starr County, Texas, Ubaldo Suarez, filed. (Navarro, Ricardo)
September 13, 2022 Opinion or Order Filing 11 ORDER (Joint Discovery/Case Management Plan due by 11/7/2022, Initial Conference reset for 11/15/2022 at 09:00 AM before Judge Micaela Alvarez), (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7)
September 8, 2022 Opinion or Order Filing 10 RETURN of Service of SUMMONS Executed as to Evelario Garza served on 9/7/2022, answer due 9/28/2022; Starr County, Texas served on 8/15/2022, answer due 9/6/2022, filed. (Attachments: #1 Continuation)(Roberts, James)
September 6, 2022 Opinion or Order Filing 9 CERTIFICATE OF INTERESTED PARTIES by Starr County, Texas, Ubaldo Suarez, filed.(Drinkard, Robert)
September 6, 2022 Opinion or Order Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Rule 12(b)(6) by Ubaldo Suarez, filed. Motion Docket Date 9/27/2022. (Attachments: #1 Proposed Order Order on Defendant Suarez's Rule 12 Motion to Dismiss for Failure to State A Claim)(Drinkard, Robert)
September 6, 2022 Opinion or Order Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Rule 12(b)(6) by Starr County, Texas, filed. Motion Docket Date 9/27/2022. (Attachments: #1 Proposed Order Order on Defendant County's Rule 12 Motion to Dismiss for Failure to State A Claim)(Drinkard, Robert)
August 15, 2022 Opinion or Order Filing 6 RETURN of Service of SUMMONS Executed as to Ubaldo Suarez served on 8/13/2022, answer due 9/6/2022, filed.(Roberts, James)
August 12, 2022 Opinion or Order Filing 5 Summons Issued as to Evelario Garza, Starr County, Texas, Ubaldo Suarez. Issued summons delivered to plaintiff by NEF, filed.(klopez, 7)
August 12, 2022 Opinion or Order Filing 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/18/2022 at 09:00 AM before Judge Micaela Alvarez (by Judge Micaela Alvarez) Parties notified.(klopez, 7)
August 12, 2022 Opinion or Order Filing 3 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Continuation, #2 Continuation)(Roberts, James)
August 12, 2022 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PARTIES by Martina Pena, Individually, and As next best friend of A.P., Aristedes Pena, Individually, and On behalf of the Estate of Alberto Pena, filed.(Roberts, James)
August 12, 2022 Opinion or Order Filing 1 COMPLAINT against Evelario Garza, Starr County, Texas, Ubaldo Suarez (Filing fee $ 402 receipt number BTXSDC-28613457) filed by Martina Pena, Individually, and As next best friend of A.P., Aristedes Pena, Individually, and On behalf of the Estate of Alberto Pena. (Attachments: #1 Civil Cover Sheet)(Roberts, James)

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Search for this case: Pena, Individually, and As next best friend of A.P. et al v. Starr County, Texas et al
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Plaintiff: Martina Pena, Individually, and As next best friend of A.P.
Represented By: James Painter Roberts
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Plaintiff: Aristedes Pena, Individually, and On behalf of the Estate of Alberto Pena
Represented By: James Painter Roberts
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Defendant: Starr County, Texas
Represented By: Robert Lee Drinkard
Represented By: Ricardo J. Navarro
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Defendant: Evelario Garza
Represented By: Robert Lee Drinkard
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Defendant: Ubaldo Suarez
Represented By: Robert Lee Drinkard
Represented By: Ricardo J. Navarro
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