Institute for Free Speech v. Johnson et al
| Institute for Free Speech |
| J.R. Johnson, Mary Kennedy, Chris Flood, Richard Schmidt, Randall Erben, Chad Craycraft, Patrick Mizell, Joseph Slovacek and Steve Wolens |
| 1:2023cv01370 |
| November 8, 2023 |
| US District Court for the Western District of Texas |
| Docket - Austin |
| David A Ezra |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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Filing 36
ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (bot2)
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Filing 37
ORDER of USCA (certified copy) that the petition for writ of mandamus isDENIED In re Institute for Free Speech, a nonprofit corporation and publicinterest law firm. (klw)
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| Filing 35 Courtesy Copy of the Petition for Writ of Mandamus filed by the Institute for Free Speech with the USCA for the Fifth Circuit. (Attachments: #1 Copy of Complaint filed in the ND/TX, Fort Worth Division, #2 Copy of Plaitniff's Brief in Support of its Motion for Summary Judgment filed in the /TX, Fort Worth Division, #3 Copy of Order)(klw) |
| Filing 34 Case Opening and Transfer Letter to all counsel. (kp) |
| Filing 33 Pro Hac Vice Letter to Connor Logan Ellington. (kp) |
| Case assigned to Judge Docket II - Austin. 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. (kp) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (kp) |
| Filing 32 Case electronically transferred in from the Northern District of Texas-Fort Worth Division; Case Number 4:23-cv-00808. |
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Filing 31
MEMORANDUM OPINION & ORDER...This case does not belong in the Northern District and certainly not in the Fort Worth Division. The only apparent connection to the Northern District is that the effects of the Commission's regulatory regime are experienced within this district because Plaintiff would, in the future, like to represent parties residing in the Northern District. But the effects of the Commission's regulatory regime are also experienced in Austin, all events that gave rise to this action occurred in Austin, and the Parties' counsel are effectively working out of Austin and DC. Thus, having considered the relevant private- and public-interest factors, the Court concludes that this case should be and is hereby TRANSFERRED to the Western District of Texas, Austin Division. (Ordered by Judge Mark Pittman on 11/8/2023) (wxc) [Transferred from Texas Northern on 11/8/2023.]
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| Filing 30 RESPONSE filed by Chad Craycraft, Randall Erben, Chris Flood, J.R. Johnson, Mary Kennedy, Patrick Mizell, Richard Schmidt, Joseph Slovacek, Steve Wolens re: #27 Order, (Liu, Cory) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 29 RESPONSE filed by Institute for Free Speech re: #27 Order, (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 28 REPLY filed by Institute for Free Speech re: #20 MOTION for Summary Judgment (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
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Filing 27
ORDER...Upon review of the record, the Court has concerns as to whether the Northern District is the appropriate venue for this action. Accordingly, the Court ORDERS that the Parties file supplemental briefing by November 3, 2023 articulating their positions regarding the propriety of transfer to the Western District of Texas. (Ordered by Judge Mark Pittman on 10/26/2023) (wxc) [Transferred from Texas Northern on 11/8/2023.]
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| Filing 26 REPLY filed by Chad Craycraft, Randall Erben, Chris Flood, J.R. Johnson, Mary Kennedy, Patrick Mizell, Richard Schmidt, Joseph Slovacek, Steve Wolens re: #18 MOTION to Dismiss (Liu, Cory) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 25 NOTICE of Attorney Appearance by Cory R Liu on behalf of Chad Craycraft, Randall Erben, Chris Flood, J.R. Johnson, Mary Kennedy, Patrick Mizell, Richard Schmidt, Joseph Slovacek, Steve Wolens. (Filer confirms contact info in ECF is current.) (Liu, Cory) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 24 RESPONSE AND OBJECTION filed by Chad Craycraft, Randall Erben, Chris Flood, J.R. Johnson, Mary Kennedy, Patrick Mizell, Richard Schmidt, Joseph Slovacek, Steve Wolens re: #20 MOTION for Summary Judgment (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Liu, Cory) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 23 RESPONSE filed by Institute for Free Speech re: #18 MOTION to Dismiss (Attachments: #1 Proposed Order) (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 22 Appendix in Support filed by Institute for Free Speech re #21 Brief/Memorandum in Support of Motion, #20 MOTION for Summary Judgment (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 21 Brief/Memorandum in Support filed by Institute for Free Speech re #20 MOTION for Summary Judgment (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 20 MOTION for Summary Judgment filed by Institute for Free Speech (Attachments: #1 Proposed Order) (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 19 Brief/Memorandum in Support filed by Chad Craycraft, Randall Erben, Chris Flood, J.R. Johnson, Mary Kennedy, Patrick Mizell, Richard Schmidt, Joseph Slovacek, Steve Wolens re #18 MOTION to Dismiss Pursuant to Rules 12(B)(1) and 12(B)(6) (Nichols, Eric) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 18 MOTION to Dismiss filed by Chad Craycraft, Randall Erben, Chris Flood, J.R. Johnson, Mary Kennedy, Patrick Mizell, Richard Schmidt, Joseph Slovacek, Steve Wolens (Attachments: #1 Proposed Order Proposed Final Judgment) (Nichols, Eric)[Transferred from Texas Northern on 11/8/2023.] |
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Filing 17
ORDER granting #16 ...Before the Court is Defendants' Unopposed Motion to Extend the Responsive Pleadings Deadline. ECF No. #16 . Having considered the Motion, relevant docket entries, and applicable law, the Court GRANTS the Motion. Accordingly, the deadline for Defendants to answer or otherwise respond to Plaintiff's Original Complaint is extended for all Defendants to September 15, 2023. (Ordered by Judge Mark Pittman on 9/11/2023) (wxc) [Transferred from Texas Northern on 11/8/2023.]
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| Filing 16 Unopposed MOTION to Extend Time - Responsive Pleadings Deadline filed by Chad Craycraft, Randall Erben, Chris Flood, J.R. Johnson, Mary Kennedy, Patrick Mizell, Richard Schmidt, Joseph Slovacek, Steve Wolens (Attachments: #1 Proposed Order)Attorney Eric J R Nichols added to party Chad Craycraft(pty:dft), Attorney Eric J R Nichols added to party Randall Erben(pty:dft), Attorney Eric J R Nichols added to party Chris Flood(pty:dft), Attorney Eric J R Nichols added to party J.R. Johnson(pty:dft), Attorney Eric J R Nichols added to party Mary Kennedy(pty:dft), Attorney Eric J R Nichols added to party Patrick Mizell(pty:dft), Attorney Eric J R Nichols added to party Richard Schmidt(pty:dft), Attorney Eric J R Nichols added to party Joseph Slovacek(pty:dft), Attorney Eric J R Nichols added to party Steve Wolens(pty:dft) (Nichols, Eric) [Transferred from Texas Northern on 11/8/2023.] |
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Filing 15
ORDER: Local Rule 83.9(a) allows a licensed attorney who is not admitted to practice in the Northern District of Texas to represent a party in proceedings in this Court only by permission of the presiding judge. See N. D. TEX. R. 83.9(a). A review of the record reveals that Courtney Corbello is not admitted in the Northern District of Texas and has not requested permission from the Court to represent Plaintiff in this matter and thus is not compliant with Local Rule 83.9(a). Accordingly, within fourteen days of this Order, the abovementioned attorney shall file an application to proceed pro hac vice or otherwise comply with Local Rule 83.9(a). Failure to do so may result in the imposition of sanctions, including striking of filings, and/or a ban from practicing in the Northern District of Texas. (Ordered by Judge Mark Pittman on 9/5/2023) (sre) [Transferred from Texas Northern on 11/8/2023.]
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| Filing 14 SUMMONS Returned Executed as to All Defendants. (Corbello, Courtney) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 12 Summons Issued as to Chad Craycraft, Randall Erben, Chris Flood, J.R. Johnson, Mary Kennedy, Patrick Mizell, Richard Schmidt, Joseph Slovacek, Steve Wolens. (bdb) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 13 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 11 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 10 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 9 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 8 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 7 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 6 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 5 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 4 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 3 Request for Clerk to issue Summons filed by Institute for Free Speech. (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Institute for Free Speech. (Clerk QC note: No affiliate entered in ECF). (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
| Filing 1 COMPLAINT against All Defendants filed by Institute for Free Speech. (Filing fee $402; Receipt number ATXNDC-13930919) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1: Draft AOR-660, #2 Exhibit(s) 2: IJ Letter, #3 Exhibit(s) 3: ACLU Letter, #4 Exhibit(s) 4: Ethics Opinion No. 580, #5 Cover Sheet) (Kolde, Endel) [Transferred from Texas Northern on 11/8/2023.] |
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