Liberty Utilities (Tall Timbers Sewer) Corp. et al v. City of Tyler, Texas et al
| Liberty Utilities (Woodmark Sewer) Corp. and Liberty Utilities (Tall Timbers Sewer) Corp. |
| Arthur C. D'Andrea, Shelly Botkin, Rose City Municipal Utility District, City of Tyler, Texas, DeAnn T. Walker, Emily Lindley, Jon Niermann and Bobby Janecka |
| 1:2019cv00857 |
| August 30, 2019 |
| US District Court for the Western District of Texas |
| Lee Yeakel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
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Filing 75
SCHEDULING ORDER: Final Pretrial Conference set for 2/23/2024 09:00 AM before Judge Lee Yeakel, ADR Report Deadline due by 10/13/2023, Amended Pleadings due by 3/10/2023, Discovery due by 8/18/2023, Motions due by 9/18/2023. Signed by Judge Lee Yeakel. (pg)
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| Filing 74 Agreed MOTION for Entry of Scheduling Order Deadlines by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Attachments: #1 Scheduling Order)(Cole, Scott) Modified on 1/24/2023 to terminate motion per signed Scheduling Order. (pg). |
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Filing 73
Order for Joint Notice of Settlement or Proposed Scheduling Order due by 1/17/2023 and Case is Ordered to Stay until 1/17/2023. Signed by Judge Lee Yeakel. (cc3)
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| Filing 72 STATUS REPORT by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Cole, Scott) |
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Filing 71
IT IS ORDERED that the February 14, 2022 stay order remains in full force and effect until November 18, 2022. IT IS FURTHER ORDERED parties shall submit Scheduling Recommendations/Proposed Scheduling Order on or before November 18, 2022. Signed by Judge Lee Yeakel. (pg)
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| Filing 70 STATUS REPORT filed by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Cole, Scott) |
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Filing 69
IT IS ORDERED that the February 14, 2002 Stay Order remains in full force and effect. IT IS FURTHER ORDERED that parties shall file status report with the court on or before Thursday, September 1, 2022Signed by Judge Lee Yeakel. (pg)
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| Filing 68 STATUS REPORT Regarding Settlement Negotiations by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Cole, Scott) |
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Filing 67
ORDER STAYING CASE pending further order of the Court. Status Report due by 6/30/2022. Signed by Judge Lee Yeakel. (lt)
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| Filing 66 Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 2/11/2022. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) |
| Filing 65 STATUS REPORT by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Cole, Scott) |
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Filing 64
ORDER SETTING INITIAL PRETRIAL CONFERENCE for 2/11/2022 at 03:30 PM before Judge Lee Yeakel.. Signed by Judge Lee Yeakel. (cc3)
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| Filing 63 Proposed Scheduling Order Agreed by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Cole, Scott) Modified on 10/1/2021 (lt). Modified on 10/1/2021 (lt). |
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Filing 62
Order for Agreed Scheduling Recommendations/Proposed Scheduling Order due by 10/1/2021. Signed by Judge Lee Yeakel. (lt)
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| Filing 61 Original ANSWER to #32 Amended Complaint by City of Tyler, Texas.(Freeland, Joe) |
| Filing 60 Original ANSWER to #32 Amended Complaint by Rose City Municipal Utility District.(McKaughan, Dane) |
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Filing 59
ORDER ADOPTING #54 Report and Recommendation of the United States Magistrate Judge. ORDER DENYING #39 Motion to Dismiss for Failure to State a Claim filed by City of Tyler, Texas. ORDER DENYING #45 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Rose City Municipal Utility District. Signed by Judge Lee Yeakel. (lt)
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| Filing 58 RESPONSE of Plaintiffs to #56 Objection to Report and Recommendations by Liberty Utilities (Tall Timbers Sewer) Corp.. (Cole, Scott) |
| Filing 57 RESPONSE of Plaintiffs to #55 Objection to Report and Recommendations by Liberty Utilities (Tall Timbers Sewer) Corp.. (Cole, Scott) |
| Filing 56 OBJECTION to #54 Report and Recommendations by Rose City Municipal Utility District.. (McKaughan, Dane) |
| Filing 55 OBJECTION to #54 Report and Recommendations by City of Tyler, Texas.. (Freeland, Joe) |
| Filing 54 REPORT AND RECOMMENDATION of the United States Magistrate Judge re #39 Motion to Dismiss for Failure to State a Claim filed by City of Tyler, Texas and #45 Motion to Dismiss filed by Rose City Municipal Utility District. Signed by Judge Mark Lane. (lt) |
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Filing 53
ORDER GRANTING Steven D. Wolens' #52 Motion to Withdraw as Plaintiff's Counsel. Signed by Judge Lee Yeakel. (jv2)
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| Filing 52 MOTION to Withdraw as Attorney by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Attachments: #1 Proposed Order)(Wolens, Steven) |
| Filing 51 NOTICE of Change of Address by Scott L. Cole (Cole, Scott) |
| Filing 50 REPLY to Response to Motion, filed by Rose City Municipal Utility District, re #45 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Defendant Rose City Municipal Utility District (McKaughan, Dane) |
| Filing 49 REPLY to Response to Motion, filed by City of Tyler, Texas, re #39 Motion to Dismiss for Failure to State a Claim filed by Defendant City of Tyler, Texas (Freeland, Joe) |
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Filing 48
ORDER REFERRING MOTION: #45 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Rose City Municipal Utility District, #39 Motion to Dismiss for Failure to State a Claim filed by City of Tyler, Texas. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Mark Lane. (klw)
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| Filing 47 RESPONSE to Motion, filed by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp., re #39 Motion to Dismiss for Failure to State a Claim filed by Defendant City of Tyler, Texas (Cole, Scott) |
| Filing 46 RESPONSE to Motion, filed by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp., re #45 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Defendant Rose City Municipal Utility District (Cole, Scott) |
| Filing 45 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim by Rose City Municipal Utility District. (Attachments: #1 Exhibit Exhibit A)(McKaughan, Dane) |
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Filing 44
ORDER GRANTING #43 Motion for Extension of Time to File Response to Motion to Dismiss. Signed by Judge Lee Yeakel. (td)
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| Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 Motion to Dismiss for Failure to State a Claim by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Attachments: #1 Proposed Order)(Cole, Scott) |
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Filing 42
ORDER GRANTING #41 Motion for Extension of Time to Answer; Rose City Municipal Utility District answer due 10/7/2020. Signed by Judge Lee Yeakel. (td)
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| Filing 41 Unopposed MOTION for Extension of Time to File Answer by Rose City Municipal Utility District. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Extension of Time)(McKaughan, Dane) |
| Filing 40 NOTICE of Attorney Appearance by Dane McKaughan on behalf of Rose City Municipal Utility District. Attorney Dane McKaughan added to party Rose City Municipal Utility District(pty:dft) (McKaughan, Dane) |
| Filing 39 Motion to Dismiss for Failure to State a Claim by City of Tyler, Texas. (Freeland, Joe) |
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Filing 38
ORDER GRANTING #35 Motion for Extension of Time to Answer; City of Tyler, Texas answer due 9/7/2020. Signed by Judge Lee Yeakel. (td)
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| Filing 37 ATTACHMENT to #35 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Compliant by City of Tyler, Texas. (Attachments: #1 Proposed Order)(Mathews, Benjamin) |
| Filing 36 DEFICIENCY NOTICE Joe Freeland: re #35 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Compliant. (td) |
| Filing 35 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Compliant by City of Tyler, Texas. (Freeland, Joe) |
| Filing 34 Summons Issued as to Rose City Municipal Utility District. (td) |
| Filing 33 REQUEST FOR ISSUANCE OF SUMMONS by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. for Rose City Municipal Utility District (Cole, Scott) |
| Filing 32 AMENDED COMPLAINT against City of Tyler, Texas, Rose City Municipal Utility District amending, filed by Liberty Utilities (Woodmark Sewer) Corp., Liberty Utilities (Tall Timbers Sewer) Corp.. (Attachments: #1 Exhibit A)(Cole, Scott) |
| Filing 31 NOTICE of Attorney Appearance by Steven D. Wolens on behalf of Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. Attorney Steven D. Wolens added to party Liberty Utilities (Tall Timbers Sewer) Corp.(pty:pla), Attorney Steven D. Wolens added to party Liberty Utilities (Woodmark Sewer) Corp.(pty:pla) (Wolens, Steven) |
| Filing 30 NOTICE of Attorney Appearance by Scott L. Cole on behalf of Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. Attorney Scott L. Cole added to party Liberty Utilities (Tall Timbers Sewer) Corp.(pty:pla), Attorney Scott L. Cole added to party Liberty Utilities (Woodmark Sewer) Corp.(pty:pla) (Cole, Scott) |
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Filing 29
ORDER ADOPTING #22 REPORT AND RECOMMENDATIONS for #14 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by City of Tyler, Texas, #17 Motion to Dismiss filed by DeAnn T. Walker, Emily Lindley, Jon Niermann, Arthur C. D'Andrea, Shelly Botkin. Signed by Judge Lee Yeakel. (td)
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| Filing 28 RESPONSE to #24 Objection to Report and Recommendations by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Terrill, Paul) |
| Filing 27 RESPONSE to #24 Objection to Report and Recommendations by Shelly Botkin, Arthur C. D'Andrea, Emily Lindley, Jon Niermann, DeAnn T. Walker, Bobby Janecka. (Myers, H.) |
| Filing 26 RESPONSE to #24 Objection to Report and Recommendations by City of Tyler, Texas. (Freeland, Joe) |
| Filing 25 RESPONSE to #23 Objection to Report and Recommendations by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Waldrop, Greg) |
| Filing 24 OBJECTION to #22 Report and Recommendations by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp... (Waldrop, Greg) |
| Filing 23 OBJECTION to #22 Report and Recommendations by City of Tyler, Texas.. (Freeland, Joe) |
| Filing 22 REPORT AND RECOMMENDATIONS re #14 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by City of Tyler, Texas, #17 Motion to Dismiss filed by DeAnn T. Walker, Emily Lindley, Jon Niermann, Arthur C. D'Andrea, Shelly Botkin.. Signed by Judge Mark Lane. (td) |
| Motions No Longer Referred: #14 MOTION to Dismiss for Lack of Jurisdiction For Lack of Subject Matter Jurisdiction Motion to Dismiss for Failure to State a Claim , #17 MOTION to Dismiss . (td) |
| Filing 21 REPLY to Response to Motion, filed by Shelly Botkin, Arthur C. D'Andrea, Emily Lindley, Jon Niermann, DeAnn T. Walker, re #14 MOTION to Dismiss for Lack of Jurisdiction For Lack of Subject Matter Jurisdiction Motion to Dismiss for Failure to State a Claim filed by Defendant City of Tyler, Texas, #17 MOTION to Dismiss filed by Defendant DeAnn T. Walker, Defendant Emily Lindley, Defendant Jon Niermann, Defendant Arthur C. D'Andrea, Defendant Shelly Botkin (Myers, H.) |
| Filing 20 REPLY to Response to Motion, filed by City of Tyler, Texas, re #14 MOTION to Dismiss for Lack of Jurisdiction For Lack of Subject Matter Jurisdiction Motion to Dismiss for Failure to State a Claim filed by Defendant City of Tyler, Texas (Freeland, Joe) |
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Filing 19
ORDER REFERRING MOTION: #14 MOTION to Dismiss for Lack of Jurisdiction For Lack of Subject Matter Jurisdiction Motion to Dismiss for Failure to State a Claim filed by City of Tyler, Texas, #17 MOTION to Dismiss filed by DeAnn T. Walker, Emily Lindley, Jon Niermann, Arthur C. D'Andrea, Shelly Botkin. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Mark Lane. (dm)
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| Filing 18 Response in Opposition to Motion, filed by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp., re #14 MOTION to Dismiss for Lack of Jurisdiction For Lack of Subject Matter Jurisdiction Motion to Dismiss for Failure to State a Claim filed by Defendant City of Tyler, Texas, #17 MOTION to Dismiss filed by Defendant DeAnn T. Walker, Defendant Emily Lindley, Defendant Jon Niermann, Defendant Arthur C. D'Andrea, Defendant Shelly Botkin (Attachments: #1 Proposed Order)(Terrill, Paul) |
| Filing 17 MOTION to Dismiss by Shelly Botkin, Arthur C. D'Andrea, Emily Lindley, Jon Niermann, DeAnn T. Walker. (Attachments: #1 Exhibit A - Tex. Spec. Dist. Code 7958.0306, #2 Exhibit B- State Court PTJ and Order)(Myers, H.) |
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Filing 16
ORDER GRANTING #15 Motion for Extension of Time to File Responses to Motion to Dismiss. Signed by Judge Lee Yeakel. (td)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction For Lack of Subject Matter Jurisdiction Motion to Dismiss for Failure to State a Claim by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Attachments: #1 Proposed Order)(Terrill, Paul) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction For Lack of Subject Matter Jurisdiction, Motion to Dismiss for Failure to State a Claim by City of Tyler, Texas. (Freeland, Joe) |
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Filing 13
ORDER GRANTING #12 Motion for Extension of Time to File Answer. Signed by Judge Lee Yeakel. (td)
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| Set/Reset Deadlines: Shelly Botkin answer due 11/18/2019; Arthur C. D'Andrea answer due 11/18/2019; Emily Lindley answer due 11/18/2019; Jon Niermann answer due 11/18/2019; DeAnn T. Walker answer due 11/18/2019. (td) |
| Filing 12 Second MOTION for Extension of Time to File Response/Reply by Shelly Botkin, Arthur C. D'Andrea, Emily Lindley, Jon Niermann, DeAnn T. Walker. (Attachments: #1 Proposed Order Proposed Order)(Myers, H.) |
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Filing 11
ORDER GRANTING #10 Motion by Benjamin Mathews to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
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| Filing 10 MOTION to Appear Pro Hac Vice by Benjamin Mathews ( Filing fee $ 100 receipt number 0542-12756665) by on behalf of City of Tyler, Texas. (Freeland, Joe) Modified on 10/24/2019 (td). |
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Filing 9
ORDER GRANTING #6 Motion for Extension of Time to Answer; City of Tyler, Texas answer due 11/4/2019. Signed by Judge Lee Yeakel. (td)
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| Filing 8 Pro Hac Vice Letter to Benjamin Mathews. (td) |
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Filing 7
ORDER GRANTING #4 Motion for Extension of Time to File Answer. Signed by Judge Lee Yeakel. (td)
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| Set/Reset Deadlines: Shelly Botkin, Arthur C. D'Andrea, Emily Lindley, Jon Niermann and DeAnn T. Walker answer due 11/4/2019. (td) |
| Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint, by City of Tyler, Texas. (td) |
| Filing 5 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Compliant by City of Tyler, Texas. (Attachments: #1 Proposed Order Proposed Order Granting Unopposed Motion for Extension of Time)(Freeland, Joe) |
| Filing 4 Unopposed MOTION for Extension of Time to File a Responsive Pleading to Plaintiffs' Original Complaint by Shelly Botkin, Arthur C. D'Andrea, Emily Lindley, Jon Niermann, DeAnn T. Walker. (Attachments: #1 Proposed Order)(Myers, H.) |
| Filing 3 Summons Issued as to All Defendants. (td) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Liberty Utilities (Tall Timbers Sewer) Corp., Liberty Utilities (Woodmark Sewer) Corp.. (Attachments: #1 Summons Request, #2 Summons Request, #3 Summons Request, #4 Summons Request, #5 Summons Request, #6 Summons Request, #7 Summons Request)(Terrill, Paul) |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-12551440). No Summons requested at this time, filed by Liberty Utilities (Woodmark Sewer) Corp., Liberty Utilities (Tall Timbers Sewer) Corp..(Terrill, Paul) (Additional attachment(s) added on 9/3/2019: #1 Civil Cover Sheet) (cj). |
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