Davis et al v. Sharp et al
| Wendy Davis, Marva Sadler, Sean Mehl and Stigma Relief Fund |
| Mistie Sharp, Sadie Weldon, Ashley Maxwell and Briscoe Rowell Cain, III |
| 1:2022cv00373 |
| April 19, 2022 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 47 Response in Opposition to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re #24 MOTION for Summary Judgment filed by Plaintiff Marva Sadler, Plaintiff Wendy Davis, Plaintiff Stigma Relief Fund, Plaintiff Sean Mehl (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Mitchell, Jonathan) |
Filing 46
ORDER GRANTING #45 Motion to Appear Pro Hac Vice for Attorney Hilarie M. Meyers for Wendy Davis,Hilarie M. Meyers for Sean Mehl,Hilarie M. Meyers for Marva Sadler,Hilarie M. Meyers for Stigma Relief Fund. 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 Robert Pitman. (jv2)
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| Filing 45 MOTION to Appear Pro Hac Vice by Rupali Sharma for Hilarie M. Meyers ( Filing fee $ 100 receipt number 0542-16128705) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Sharma, Rupali) |
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Text Order MOOTING #44 Motion to Expedite entered by Judge Robert Pitman. In light of the Court's ruling on the Motion for Reconsideration, (Text Order, 6/8/2022), IT IS ORDERED that the Motion to Expedite, (Dkt. 44), is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)
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Text Order DENYING #41 Motion for Reconsideration entered by Judge Robert Pitman. For lack of good cause shown, IT IS ORDERED that the Motion for Reconsideration of the Summary Judgment Briefing Schedule, (Dkt. 41), is DENIED. However, in light of the nearness of the Court's earlier deadline, IT IS FURTHER ORDERED that Defendants shall respond to the Motion for Summary Judgment, (Dkt. 24), on or before June 17, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)
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| Filing 44 Opposed MOTION to Expedite Consideration of Motion to Stay Summary-Judgment Briefing Schedule by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Mitchell, Jonathan) |
| Filing 43 REPLY to Response to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re #41 Opposed MOTION to Stay Summary-Judgment Briefing Schedule filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Mitchell, Jonathan) |
| Filing 42 Response in Opposition to Motion, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re #41 Opposed MOTION to Stay Summary-Judgment Briefing Schedule filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Attachments: #1 Exhibit 1 -Order Denying Petition for Writ of Mandamus)(Sharma, Rupali) |
| Filing 41 Opposed Motion for Reconsideration (filed as and titled Opposed Motion to Stay Summary-Judgment Briefing Schedule by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order)(Mitchell, Jonathan) Modified on 6/8/2022 to change motion event and docket text pursuant to chamber's instructions. (jv2). |
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Text Order GRANTING #40 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Plaintiffs shall file their response to the motion to dismiss on or before June 21, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)
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| Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply In Opposition To Defendants' Motion to Dismiss by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: #1 Proposed Order)(Sharma, Rupali) |
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Text Order GRANTING #38 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that the motion for leave to file excess pages is GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)
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| Notice of Correction: re #38 Unopposed MOTION for Leave to Exceed Page Limitation , #39 MOTION to Dismiss for Lack of Jurisdiction. As of 7/28/20 when filing a motion for leave to exceed page limitations in the Austin Division, the document that exceeds the page limit should be attached to the motion along with a proposed order, and should not be filed as a separate docket event. No further action is needed at this time. Please note this information for future filing purposes. (jv2) |
| Set/Reset Deadlines: All Defendants' answers due 5/31/2022. (jv2) |
| Filing 39 MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Venue by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Proposed Order)(Mitchell, Jonathan) |
| Filing 38 Unopposed MOTION for Leave to Exceed Page Limitation by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: #1 Proposed Order)(Mitchell, Jonathan) |
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Text Order GRANTING #36 Motion for Extension of Time to Answer entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Defendants shall file their answer or otherwise respond to the complaint on or before May 31, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)
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Filing 37
ORDER for defendants to respond to the motion for summary judgment on or before June 10, 2022. Signed by Judge Robert Pitman. (cc3)
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| Filing 36 Unopposed MOTION for Extension of Time to File Answer by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: #1 Proposed Order)(Mitchell, Jonathan) |
| Filing 35 STIPULATION by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) |
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Text Order MOOTING #26 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. In light of the Court's order denying the Motion to Defer Consideration of Plaintiffs' Motion for Summary Judgment, (Text Order, 5/24/2022), IT IS ORDERED that the Motion for Extension of Time, (Dkt. 26), is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)
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Text Order DENYING #25 Motion entered by Judge Robert Pitman. For lack of good cause shown, IT IS ORDERED that Defendants' Motion to Defer Consideration of Plaintiffs' Motion for Summary Judgment or, in the alternative, to Summarily Deny the Motion for Summary Judgment, (Dkt. 25), IS DENIED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)
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| Filing 34 REPLY to Response to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re #26 Opposed MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Summary Judgment filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Mitchell, Jonathan) |
| Filing 33 REPLY to Response to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re #25 Opposed MOTION to Defer Consideration of Plaintiffs' Motion for Summary Judgment or, in the alternative, to Summarily Deny re #24 MOTION for Summary Judgment filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Mitchell, Jonathan) |
| Filing 32 REPLY to #31 Response by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Mitchell, Jonathan) Modified on 5/12/2022 to match pleading title (cc3). |
| Filing 31 RESPONSE to #30 Notice (Other) by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Sharma, Rupali) |
| Filing 30 NOTICE to the Court by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon (Mitchell, Jonathan) |
| Filing 29 Response in Opposition to Motion, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re #25 Opposed MOTION to Defer Consideration of Plaintiffs' Motion for Summary Judgment or, in the alternative, to Summarily Deny re #24 MOTION for Summary Judgment filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Sharma, Rupali) |
| Filing 28 Response in Opposition to Motion, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re #26 Opposed MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Summary Judgment filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Sharma, Rupali) |
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Text Order GRANTING #27 Motion for Extension of Time to Answer entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Defendants shall answer or otherwise respond to the complaint on or before Thursday, May 26, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)
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| Set/Reset Deadlines: All Defendants answerdue 05/26/2022. (jv2) |
| Filing 27 Unopposed MOTION for Extension of Time to File Answer by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: #1 Proposed Order)(Mitchell, Jonathan) |
| Filing 26 Opposed MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Summary Judgment by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: #1 Proposed Order)(Mitchell, Jonathan) |
| Filing 25 Opposed MOTION to Defer Consideration of Plaintiffs' Motion for Summary Judgment or, in the alternative, to Summarily Deny re #24 MOTION for Summary Judgment by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: #1 Affidavit, #2 Proposed Order)(Mitchell, Jonathan) |
| Filing 24 MOTION for Summary Judgment and Memorandum in Support by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: #1 Declaration of Wendy Davis, #2 Exhibit A to Davis Declaration, #3 Exhbiit B to Davis Declaration, #4 Declaration of Marva Sadler, #5 Declaration of Sean Mehl, #6 Exhibit A to Mehl Declaration, #7 Exhibit B to Mehl Declaration, #8 Exhibit C to Mehl Declaration, #9 Exhibit D to Mehl Declaration, #10 Exhibit E to Mehl Declaration, #11 Exhibit F to Mehl Declaration, #12 Exhibit G to Mehl Declaration, #13 Exhibit H to Mehl Declaration, #14 Exhibit I to Mehl Declaration, #15 Declaration of Allison Cowett, #16 Exhbit A to Cowett Declaration)(jv2) Modified on 4/28/2022 (jv2). |
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Filing 23
ORDER GRANTING #15 Motion for Leave to Exceed Page Limits. Signed by Judge Robert Pitman. (jv2)
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| Filing 22 SUMMONS Returned Executed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. Briscoe Rowell Cain, III served on 4/25/2022, answer due 5/16/2022. (Toti, Stephanie) |
| Filing 21 SUMMONS Returned Executed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. Mistie Sharp served on 4/22/2022, answer due 5/13/2022. (Toti, Stephanie) |
| Filing 20 NOTICE of Attorney Appearance by Dorian Vandenberg-Rodes on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. Attorney Dorian Vandenberg-Rodes added to party Wendy Davis(pty:pla), Attorney Dorian Vandenberg-Rodes added to party Sean Mehl(pty:pla), Attorney Dorian Vandenberg-Rodes added to party Marva Sadler(pty:pla), Attorney Dorian Vandenberg-Rodes added to party Stigma Relief Fund(pty:pla) (Vandenberg-Rodes, Dorian) |
| Filing 19 REPLY in Support, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re #15 MOTION for Leave to Exceed Page Limitation for Plaintiffs' Summary Judgment Motion filed by Plaintiff Marva Sadler, Plaintiff Wendy Davis, Plaintiff Stigma Relief Fund, Plaintiff Sean Mehl (Toti, Stephanie) |
| Filing 18 Response in Opposition to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re #15 MOTION for Leave to Exceed Page Limitation for Plaintiffs' Summary Judgment Motion filed by Plaintiff Marva Sadler, Plaintiff Wendy Davis, Plaintiff Stigma Relief Fund, Plaintiff Sean Mehl (Mitchell, Jonathan) |
| Filing 17 Notice of Appearance containing the AMENDED CERTIFICATE OF SERVICE by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon #11 Notice of Appearance, (Mitchell, Jonathan) Modified on 4/25/2022 to clarify text (klw). |
| Filing 16 NOTICE of Constitutional Question by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund re #1 Complaint,, (Toti, Stephanie) |
| Filing 15 MOTION for Leave to Exceed Page Limitation for Plaintiffs' Summary Judgment Motion by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: #1 Proposed Order on Plaintiffs' Motion to Exceed Page Limit, #2 Memo in Support of Plaintiffs' Motion for Summary Judgment, #3 Affidavit Davis Declaration, #4 Exhibit A to Davis Declaration, #5 Exhibit B to Davis Declaration, #6 Affidavit Sadler Declaration, #7 Affidavit Mehl Declaration, #8 Exhibit A to Mehl Declaration, #9 Exhibit B to Mehl Declaration, #10 Exhibit C to Mehl Declaration, #11 Exhibit D to Mehl Declaration, #12 Exhibit E to Mehl Declaration, #13 Exhibit F to Mehl Declaration, #14 Exhibit G to Mehl Declaration, #15 Exhibit H to Mehl Declaration, #16 Exhibit I to Mehl Declaration, #17 Affidavit Cowett Declaration, #18 Exhibit A to Cowett Declaration)(Toti, Stephanie) |
| Filing 14 SUMMONS Returned Executed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. Ashley Maxwell served on 4/21/2022, answer due 5/12/2022. (Toti, Stephanie) |
| Filing 13 SUMMONS Returned Executed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. Sadie Weldon served on 4/21/2022, answer due 5/12/2022. (Toti, Stephanie) |
| Filing 12 DEFICIENCY NOTICE to Jonathan Mitchell: re #11 Notice of Appearance. Certificate of service reflects service via CM/ECF. Not all parties have made an appearance (Vandenberg-Rodes) and is unable to receive e-notices. Please file an Amended Certificate of Service as a SEPARATE PLEADING. Use the "Certificate of Service" event under the "Service of Process" menu. State parties served by CM/ECF and the alternate means of service to parties who have not appeared. (klw) |
| Filing 11 NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. Attorney Jonathan F. Mitchell added to party Briscoe Rowell Cain, III(pty:dft), Attorney Jonathan F. Mitchell added to party Ashley Maxwell(pty:dft), Attorney Jonathan F. Mitchell added to party Mistie Sharp(pty:dft), Attorney Jonathan F. Mitchell added to party Sadie Weldon(pty:dft) (Mitchell, Jonathan) |
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Text Order GRANTING #5 Motion to Appear Pro Hac Vice by attorney Rupali Sharma. 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. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)
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Text Order GRANTING #6 Motion to Appear Pro Hac Vice by attorney Tanya Pellegrini. 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. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)
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Text Order GRANTING #7 Motion to Appear Pro Hac Vice by attorney Sneha Shah. 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. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)
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Text Order GRANTING #8 Motion to Appear Pro Hac Vice by attorney Juanluis Rodriguez. 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. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)
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| Filing 10 NOTICE of Attorney Appearance by Melissa C Shube on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. Attorney Melissa C Shube added to party Wendy Davis(pty:pla), Attorney Melissa C Shube added to party Sean Mehl(pty:pla), Attorney Melissa C Shube added to party Marva Sadler(pty:pla), Attorney Melissa C Shube added to party Stigma Relief Fund(pty:pla) (Shube, Melissa) |
| Filing 8 MOTION to Appear Pro Hac Vice by Stephanie Toti for Juanluis Rodriguez ( Filing fee $ 100 receipt number 0542-15945306) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) |
| Filing 7 MOTION to Appear Pro Hac Vice by Stephanie Toti for Sneha Shah ( Filing fee $ 100 receipt number 0542-15945204) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) |
| Filing 6 MOTION to Appear Pro Hac Vice by Stephanie Toti On Behalf of Tanya Pellegrini ( Filing fee $ 100 receipt number 0542-15945162) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) |
| Filing 5 MOTION to Appear Pro Hac Vice by Stephanie Toti On Behalf Of Rupali Sharma ( Filing fee $ 100 receipt number 0542-15944809) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) |
| Filing 9 Summons Issued as to All Defendants. (rn) |
| Case assigned to Judge Robert Pitman. 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. (rn) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (rn) |
| Filing 4 NOTICE of Attorney Appearance by Stephanie Toti on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund (Toti, Stephanie) |
| Filing 3 RULE 7 DISCLOSURE STATEMENT filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-15941634), filed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - SB 8 Act, #3 Exhibit 2 -Rule 202 Petition_Lilith Fund (Redacted), #4 Exhibit 3 -Rule 202 Petition_TEA Fund (Redacted), #5 Exhibit 4 - SB 8 Tweets, #6 Exhibit 5 - February 23rd Tweet, #7 Exhibit 6 - Cain Press Release, #8 Exhibit 7 - Cain March 29th Letter, #9 Exhibit 8 - Cain March 30th Tweet)(Toti, Stephanie) |
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