Underwood v. Siegel et al
| Nicole Underwood |
| John Siegel and City Of Austin |
| 1:2022cv00032 |
| January 12, 2022 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Lee Yeakel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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| Case Stayed (jv2) |
Text Order GRANTING #46 Motion to Stay entered by Judge Robert Pitman. In light of the parties' pending settlement, IT IS ORDERED that this case is STAYED pending further order from the Court. IT IS FURTHER ORDERED that the parties shall file dismissal papers or a joint status report on or before March 9, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lolc)
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| Filing 46 Joint MOTION to Stay Deadlines by Nicole Underwood. (Attachments: #1 Proposed Order)(Edwards, Jeffrey) |
| Filing 45 NOTICE of Defendant City of Austin's Designation of Expert Witnesses by City Of Austin (Barton, Monte) |
| Filing 44 ANSWER to #42 Amended Complaint with Jury Demand by John Siegel.(Leake, Blair) |
| Filing 43 ANSWER to #42 Amended Complaint by City Of Austin.(Laird, Henry) |
| Filing 42 FIRST AMENDED COMPLAINT against All Defendants, filed by Nicole Underwood.(pg) |
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Text Order GRANTING #41 Motion to Amend Complaint entered by Judge Robert Pitman. In light of the lack of opposition and for good cause shown, IT IS ORDERED that the Clerk of Court shall file Plaintiffs amended complaint, (Dkt. 41-1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (lolc)
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| Filing 41 Unopposed MOTION to Amend Complaint by Nicole Underwood. (Attachments: #1 Ex. 1 - Plaintiff's First Amended Complaint, #2 Proposed Order Granting Mtn for Leave to Amend Complaint)(Edwards, Jeffrey) |
| Filing 40 DESIGNATION OF EXPERT WITNESSES by Nicole Underwood. (Edwards, Jeffrey) |
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Filing 39
ORDER GRANTING #26 MOTION to stay discovery and all further proceedings in this matter against Officer Siegel until further order of this Court. IT IS FURTHER ORDERED Officer Siegel shall file a status report every three months, beginning 2/1/2023. Signed by Judge Dustin M. Howell. (jv2)
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| Motions No Longer Referred: #26 MOTION to Stay (jv2) |
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Text Order GRANTING #27 Motion for Protective Order entered by Judge Dustin M. Howell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DH)
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| Filing 38 NOTICE of Non-Consent to Magistrate Judge by City Of Austin (Barton, Monte) |
| Filing 37 CONSENT to Trial by US Magistrate Judge by John Siegel. (Leake, Blair) |
| Filing 36 NON-CONSENT to Trial by US Magistrate Judge by Nicole Underwood. (Edwards, Jeffrey) |
| Filing 35 Sealed Document filed. Defendant John Siegel's Reply in Support of Motion to Stay Discovery (jv2) |
| Filing 34 Redacted REPLY to Response to Motion, filed by John Siegel, re #26 MOTION to Stay filed by Defendant John Siegel (Attachments: #1 Exhibits)(jv2) |
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Text Order GRANTING #32 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. IT IS ORDERED that Defendant Siegel's reply in support of his motion to stay discovery is limited to no more than 13 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Text Order REFERRING #26 Defendant Siegel's Motion to Stay Discovery entered by Judge Robert Pitman. IT IS ORDERED that Siegel's Motion to Stay Discovery (Dkt. 26) is REFERED to United States Magistrate Judge Dustin Howell for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lolc)
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Text Order GRANTING #33 Defendant Siegel's Motion for Leave to file his Reply in Support of his Motion to Stay Discovery under seal entered by Judge Robert Pitman. In light of the lack of opposition and for good cause shown, IT IS ORDEREED that the Clerk of Court shall file the Reply under seal. IT IS FURTHER ORDERED that Siegel shall file an unsealed, redacted version of the Reply on or before October 12, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lolc)
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| MOTION REFERRED: referred #26 Defendant John Siegel's MOTION to Stay Discovery, #27 Defendant John Siegel's MOTION for Protective Order from Discovery. Referral Judge: Dustin M. Howell. (jv2) |
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Text Order REFERRING #27 Defendant Siegel's Motion for Protective Order from Discovery & Deposition entered by Judge Robert Pitman. IT IS ORDERED that Siegel's Motion to Stay Discovery (Dkt. 27) is REFERED to United States Magistrate Judge Dustin Howell for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lolc)
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| Filing 33 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Exhibit SEALED DOCUMENT, #2 Proposed Order) (Leake, Blair) |
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Filing 32
Unopposed MOTION for Leave to Exceed Page Limitation in Defendant's Reply in Support of Motion to Stay Discovery by John Siegel. (Attachments: #1 Exhibit Siegel REPLY ISO Mot to Stay Discovery [REDACTED], #2 Exhibit Ex. 1 - TRANSCRIPT of Proceedings held on 2-16-22 (pg 18), #3 Exhibit Ex. 2 - Text Order DENYING #34 Motion for Protective Order entered by Judge Dustin M. Howell 2-16-22, #4 Exhibit Ex. 3 - Email to Edwards re Arawn Indiv. Defs' Disc Resp 9-19-22, #5 Proposed Order)(Leake, Blair)
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| REMARK: Rcvd SEALED Video Exhibits 1-2, 5, 28, 32-35 and NON-SEALED Video Exhibit 27 to Plaintiff's Combined Response to #26 Opposed MOTION to Stay Discovery by John Siegel and #27 Opposed MOTION for Protective Order from Discovery Pending Resolution of Motion to Stay Discovery by John Siegel. The video exhibits are not compatible to be uploaded to ECF and have been saved to the Clerk's archival drive. (jv2) Modified on 10/5/2022 (kc). |
| Filing 31 Redacted Copy of #30 Sealed Document filed: Plaintiff's Combined Response to #26 Opposed MOTION to Stay Discovery by John Siegel and #27 Opposed MOTION for Protective Order from Discovery Pending Resolution of Motion to Stay Discovery by John Siegel (Attachments: #1 Exhibits)(jv2) |
| Filing 30 Sealed Document filed. Plaintiff's Combined Response to #26 Opposed MOTION to Stay Discovery by John Siegel and #27 Opposed MOTION for Protective Order from Discovery Pending Resolution of Motion to Stay Discovery by John Siegel (Attachments: #1 Sealed Exhibits) (jv2). |
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Text Order GRANTING #28 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. In light of the lack of opposition, and for good cause shown, IT IS ORDERED that Plaintiff's consolidated response to Defendant's #26 motion to stay and #27 motion for protective order shall not exceed 22 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lolc)
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Text Order GRANTING #29 Motion for Leave to File Plaintiff's Response in Opposition to Motion to Stay and Motion for Protective Order entered by Judge Robert Pitman. In light of the lack of opposition, and for good cause shown, IT IS ORDERED that the Clerk of Court shall file Plaintiff's Consolidated Response to Defendant's Motion to Stay and Motion for Protective order under seal. IT IS FURTHER ORDERED that Plaintiff shall file an unsealed, redacted version of the Response only on or before October 4, 2022. There is no need to file redacted exhibits. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lolc)
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| Filing 29 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Proposed Order Granting Unopposed Motion to Seal, #2 Plaintiff's Response in Opposition to Defendant Siegel's Motion to Stay and Motion for Protective Order, #3 Ex. 1 - Siegel Body Worn Camera Excerpt - Cover Sheet, #4 Ex. 2 - McCulloch Body Worn Camera - Cover Sheet, #5 Ex. 3 - COA-General Protest.015747_AEO_20201009 Siegel - Underwood Investigative Summary, #6 Ex. 4 - Excerpt from Dell Seton Medical Center at UT records CONFIDENTIAL_Redacted, #7 Ex. 5 - Aerial Footage Cover Sheet, #8 Ex. 6 - COA-General Protest.016882_AEO_Bean bag round and wading(gofundme), #9 Ex. 10 - COA-General Protest.017014_AEO_Siegel transcripts, #10 Ex. 11 - COA-General Protest.0048800_[CONF]_R2R Review Task Force Final Report - Commanders, #11 Ex. 26 - COA-General Protest.009682_[CONF]_20190916 Less Lethal Shotgun, #12 Ex. 28 - Gonzalez Galvan Body Worn Camera - Cover Sheet, #13 Ex. 32 - Teng Body Worn Camera - Cover Sheet, #14 Ex. 33 - HALO Video - Cover Sheet, #15 Ex. 34 - Morgan Body Worn Camera - Cover Sheet, #16 Ex. 35 - Pena Body Worn Camera - Cover Sheet) (Edwards, Jeffrey) |
| Filing 28 Unopposed MOTION for Leave to Exceed Page Limitation for Plaintiff's Response in Opposition to Defendant Siegel's Motion to Stay (Doc. 26) and Motion for Protective Order (Doc. 27) by Nicole Underwood. (Attachments: #1 Proposed Order Granting Unopposed Motion to Exceed Page Limit, #2 Plaintiff's Response in Opposition to Defendant Siegel's Motion to Stay and Motion for Protective Order, #3 Ex. 1 - Siegel Body Worn Camera Excerpt - Cover Sheet, #4 Ex. 2 - McCulloch Body Worn Camera - Cover Sheet, #5 Ex. 3 - Investigative Summary of John Siegel- Cover Sheet, #6 Ex. 4 - Underwood Dell Seton Medical Center at UT Medical Records - Cover Sheet, #7 Ex. 5 - Aerial Footage Cover Sheet, #8 Ex. 6 - Photo of Bean Bag - Cover Sheet, #9 Ex. 7 - Deposition of J. Chacon (Excerpt), #10 Ex. 8 - Deposition of B. Manley (Excerpt), #11 Ex. 9 - Deposition of J. Siegel (Excerpt), #12 Ex. 10 - Siegel IA Interview Transcript - Cover Sheet, #13 Ex. 11 - R2R Review Task Force Final Report - Cover Sheet, #14 Ex. 12 - Travis County Criminal Indictments of Austin Police Department Officers, #15 Ex. 13 - Gallagher v. City of Austin Hearing Transcript (Feb 16, 2022), #16 Ex. 14 - Email from C. Pierce with attachments, #17 Ex. 15 - 22.08.11 - Plaintiff's First ROGs to Siegel (Underwood), #18 Ex. 16 - 22.08.11 - Plaintiff's First RFPs to Siegel (Underwood), #19 Ex. 17 - Gallagher - Siegel Ans to 1st ROGS 9-12-22, #20 Ex. 18 - Gallagher - Siegel Resp to 1st RFP 9-12-22, #21 Ex. 19 - This backlog is a problem KXAN Austin, #22 Ex. 20 - US Census Calculating Migration Expectancy Using ACS Data, #23 Ex. 21 - How Much Power Do Police Oversight Offices Really Have, #24 Ex. 22 - City, police union tussle over increased oversight, officers rights - Austin Monitor - Austin Monitor, #25 Ex. 23 - Five Austin PD officers indicted in 2020 protests now suing City - kvue.com, #26 Ex. 24 - Austin faces another round of lawsuits related to police use of 'less lethal' rounds - KUT Radio, #27 Ex. 25 - Gov. Greg Abbott floats pardoning indicted Austin police officers - The Texas Tribune, #28 Ex. 26 - APD Less Lethal Shotgun Training Powerpoint - Cover Sheet, #29 Ex. 27 - CBS Video - Cover Sheet, #30 Ex. 28 - Gonzalez Galvan BWC Cover Sheet, #31 Ex. 29 - Deposition of J. Teng, #32 Ex. 30 - Deposition of J. Morgan, #33 Ex. 31 - Deposition of C. Bretches, #34 Ex. 32 - Teng Body Worn Camera Footage - Cover Sheet, #35 Ex. 33 - HALO Footage - Cover Sheet, #36 Ex. 34 - Morgan Body Worn Camera Footage - Cover Sheet, #37 Ex. 35 - Pena Body Worn Camera Footage - Cover Sheet, #38 Proposed Order Denying Defendant Siegel's Motion to Stay and Motion for Protective Order)(Edwards, Jeffrey) |
| Filing 27 Opposed MOTION for Protective Order from Discovery Pending Resolution of Motion to Stay Discovery by John Siegel. (Attachments: #1 Exhibit Indictment, #2 Exhibit Written Discovery, #3 Exhibit Counsel Conference, #4 Proposed Order)(Barron, Stephen) |
| Filing 26 Opposed MOTION to Stay Discovery by John Siegel. (Attachments: #1 Exhibit, #2 Proposed Order)(Leake, Blair) Modified on 9/13/2022 to edit motion event and docket text (jv2). |
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Filing 25
ORDER GRANTING City of Austin's Motion to Preserve Confidentiality. Signed by Judge Dustin M. Howell. (jv2)
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| Filing 24 NOTICE of Attorney Appearance by Henry Gray Laird, III on behalf of City Of Austin. Attorney Henry Gray Laird, III added to party City Of Austin(pty:dft) (Laird, Henry) |
| Filing 23 ADR Report Filed - by Nicole Underwood(Edwards, Jeffrey) |
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Filing 22
SCHEDULING ORDER: Consent to Trial by Magistrate due by 10/15/2022, Jury Trial set for 6/26/2023 at 09:00 AM before Judge Robert Pitman, ADR Report Deadline due by 7/15/2022, Amended Pleadings due by 12/15/2022, Discovery due by 1/30/2023, Joinder of Parties due by 12/15/2022, Dispositive Motions due by 2/15/2023. Signed by Judge Robert Pitman. (jv2)
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| Filing 21 Proposed Scheduling Order and Notice by Nicole Underwood. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Edwards, Jeffrey) |
| Filing 20 NOTICE of Attorney Unavailability by John Siegel (Barron, Stephen) |
| Filing 19 NOTICE of Attorney Unavailability by John Siegel (Leake, Blair) |
| Filing 18 NOTICE of Change of Address by Blair J. Leake (Leake, Blair) |
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Filing 17
AGREED ORDER TO CONSOLIDATE FOR DISCOVERY. The lead case for the consolidated cases is Gallagher v. City of Austin, et al., No. 1:20- cv-00901-RP. Signed by Judge Robert Pitman. (jv2)
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| Filing 16 Agreed MOTION to Consolidate Cases for Discovery by City Of Austin. (Attachments: #1 Exhibit, #2 Proposed Order)(Barton, Monte) |
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Filing 15
ORDER TRANSFERRING CASE. Case transferred to Judge Robert Pitman for all proceedings. Judge James R. Nowlin no longer assigned to case. Signed by Judge James R. Nowlin. (jv2)
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| Filing 14 NOTICE of Related Case by Nicole Underwood (Edwards, Jeffrey) |
| Filing 13 ANSWER to #1 Complaint . Attorney Monte L. Barton, Jr added to party City Of Austin(pty:dft) by City Of Austin.(Barton, Monte) |
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Filing 12
ORDER TRANSFERRING this case to the Austin Docket of the Honorable James Nowlin, Senior United States District Judge, for all purposes. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (lt)
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| Filing 11 Defendant John Siegel's Original ANSWER to #1 Complaint with Jury Demand . Attorney Blair J. Leake added to party John Siegel(pty:dft) by John Siegel.(Leake, Blair) |
| Filing 10 NOTICE of Attorney Appearance by Paul G Samuel on behalf of Nicole Underwood (Samuel, Paul) |
| Filing 9 NOTICE of Attorney Appearance by David Anthony James on behalf of Nicole Underwood (James, David) |
| Filing 8 NOTICE of Attorney Appearance by Jeffrey S. Edwards on behalf of Nicole Underwood (Edwards, Jeffrey) |
| Filing 7 NOTICE of Attorney Appearance by Paul G Samuel on behalf of Nicole Underwood. Attorney Paul G Samuel added to party Nicole Underwood(pty:pla) (Samuel, Paul) |
| Filing 6 NOTICE of Attorney Appearance by David Anthony James on behalf of Nicole Underwood. Attorney David Anthony James added to party Nicole Underwood(pty:pla) (James, David) |
| Filing 5 NOTICE of Attorney Appearance by Jeffrey S. Edwards on behalf of Nicole Underwood. Attorney Jeffrey S. Edwards added to party Nicole Underwood(pty:pla) (Edwards, Jeffrey) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Nicole Underwood as to John Siegel. Waiver sent on 1/12/2022, answer due 3/14/2022. (Vasquez, Scott) |
| Filing 3 WAIVER OF SERVICE Returned Executed by Nicole Underwood as to City Of Austin. Waiver sent on 1/12/2022, answer due 3/14/2022. (Vasquez, Scott) |
| Filing 2 JS44 (Civil Cover Sheet) submitted by Nicole Underwood. (Vasquez, Scott) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-15607617). No Summons requested at this time, filed by Nicole Underwood.(Vasquez, Scott) |
| 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. (dl) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (dl) |
| DEMAND for Trial by Jury by Nicole Underwood. (dl) |
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