DC Operating, LLC v. Attorney General of Texas, Ken Paxton in his official capacity et al
| DC Operating, LLC dba Dreams, DC Operating, LLC doing business as Dreams, Nuvia Heidi Medina and Michelle Corral |
| Attorney General of Texas, Ken Paxton in his official capacity, Ed Serna, in his official capacity as Executive Director of the Texas Workforce Commission, Unknown Commissioner of the Texas Department of Licnsing and Regulation, Attorney General Ken Paxton, Ed Serna, Richard D. Wiles and Ricardo A. Samaniego |
| 3:2022cv00010 |
| January 4, 2022 |
| US District Court for the Western District of Texas |
| Frank Montalvo |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 18, 2022. A more recent docket listing may be available from PACER.
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Filing 33
ORDER DENYING #25 Motion for Leave to File; DENYING #30 Motion for More Definite Statement Signed by Judge Frank Montalvo. (jg1)
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Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal,,. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (jg1)
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Filing 32
TRANSCRIPT REQUEST by DC Operating, LLC for dates of 01/20/2022. (Lerma, Eduardo)
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Filing 31
Appeal of Order entered by District Judge #21 , #29 by DC Operating, LLC.Nuvia Heidi Medina, and Michelle Corral, ( Filing fee $ 505 receipt number 0542-16243726) (Lerma, Eduardo)
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NOTICE OF APPEAL following #31 Notice of Appeal (E-Filed) by Michelle Corral, DC Operating, LLC, Nuvia Heidi Medina. Filing fee $ 505. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (jg1)
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Filing 30
MOTION for More Definite Statement Explanation of Refusal to Grant or Deny Leave of Court to Amend Pleading (Doc 25) Under F.R.C.P. 15 by DC Operating, LLC. (Lerma, Eduardo)
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Filing 29
ORDER GRANTING #4 Motion to Dismiss for Failure to State a Claim; GRANTING #7 Motion to Dismiss. Terminated party Richard D. Wiles (in his official capacity as Sheriff of El Paso County, Texas), Ken Paxton (in his official capacity) and Ed Serna (in his official capacity as Executive Director of the Texas Workforce Commission). Signed by Judge Frank Montalvo. (jg1)
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Filing 28
NOTICE Attorney Vacation Notification by Ken Paxton, Ed Serna (Kercher, Ryan)
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Filing 27
RESPONSE to Motion, filed by Ken Paxton, Ed Serna, re #25 Opposed MOTION for Leave to File Plaintiffs' First Amended Petition for Declaratory and Injiumctive Relief Under the Uniform Declaratory Judgment Act and for Damages filed by Plaintiff DC Operating, LLC (Kercher, Ryan)
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Filing 26
Response in Opposition to Motion, filed by Richard D. Wiles, re #25 Opposed MOTION for Leave to File Plaintiffs' First Amended Petition for Declaratory and Injiumctive Relief Under the Uniform Declaratory Judgment Act and for Damages filed by Plaintiff DC Operating, LLC (Duarte, Ruben)
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Filing 25
Opposed MOTION for Leave to File Plaintiffs' First Amended Petition for Declaratory and Injiumctive Relief Under the Uniform Declaratory Judgment Act and for Damages by DC Operating, LLC. (Attachments: #1 Proposed Order Order on Leave to File Amended Pleadings, #2 Exhibit Plaintiffs' First Amended Petition)(Lerma, Eduardo)
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Filing 24
Rule 26(f) Discovery Report/Case Management Plan by Plaintiffs, by Defendants Ken Paxton, Ed Serna, and by Richard D. Wiles. (Duarte, Ruben)
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Filing 23
Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within sixty (60) days after the appearance of any defendant. Scheduling Recommendations/Proposed Scheduling Order due by 3/28/2022,. Signed by Judge Frank Montalvo. (jg1)
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Filing 22
Response in Opposition to Motion, filed by Michelle Corral, DC Operating, LLC, Nuvia Heidi Medina, re #7 MOTION to Dismiss filed by Defendant Ken Paxton, #4 Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by Ricardo A Samaniego and filed by Defendant Richard D. Wiles (Lerma, Eduardo)
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Filing 21
ORDER DENYING PLAINTIFF'S REQUEST FOR A PRELIMINARY INJUNCTION. Signed by Judge Frank Montalvo. (jg1)
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Filing 20
Transcript filed of Proceedings held on January 20, 2022, Proceedings Transcribed: Temporary Injunction Hearing. Court Reporter/Transcriber: N. Benavides, Telephone number: 915-834-0563. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/25/2022, Redacted Transcript Deadline set for 3/7/2022, Release of Transcript Restriction set for 5/5/2022, (nb)
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Filing 19
ORDER GRANTING #17 Motion for Leave to File; GRANTING #18 Motion for Extension of Time to File Response/Reply (Response due on 2/24/2022) Signed by Judge Frank Montalvo. (jg1)
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Filing 18
MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss, #4 Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by Ricardo A Samaniego and by Michelle Corral, DC Operating, LLC, Nuvia Heidi Medina. (jg1)
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Filing 17
MOTION for Leave to File Motion for Extension of Time to Respond to Motions to Dismiss by Michelle Corral, DC Operating, LLC, Nuvia Heidi Medina. (Attachments: #1 Motion for Extension of Time to Respond to Motions to Dismiss)(Lerma, Eduardo)
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Filing 16
TRANSCRIPT REQUEST by Michelle Corral, DC Operating, LLC, Nuvia Heidi Medina for proceedings held on 01/20/2022. Proceedings Transcribed: nbenavides.. (Lerma, Eduardo)
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Filing 15
PARTIAL ORDER OF DISMISSAL, Ricardo A. Samaniego (in his official capacity as County Judge of El Paso County, Texas) and Unknown Commissioner of the Texas Department of Licnsing and Regulation terminated. Attorney Ruben Gabriel Duarte and Ryan G. Kercher terminated.. Signed by Judge Frank Montalvo. (dt)
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Filing 14
TRANSCRIPT REQUEST by Ken Paxton, Ed Serna, Unknown Commissioner of the Texas Department of Licnsing and Regulation for proceedings held on 1/20/2022. Proceedings Transcribed: TRO Hearing. Court Reporter: N. Benavides. (Kercher, Ryan)
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Filing 13
Minute Entry for proceedings held before Judge Frank Montalvo: TRO Hearing held on 1/20/2022 (Minute entry documents are not available electronically.). (Court Reporter nbenavides.)(jg1)
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Filing 12
ORDER GRANTING #8 Motion to Appear Pro Hac Vice for Attorney John T. Ramsey for Ken Paxton. 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 Frank Montalvo. (jg1)
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Filing 11
Memorandum in Support of Merits of Preliminary Injunction by Michelle Corral, DC Operating, LLC, Nuvia Heidi Medina. (Attachments: #1 Exhibit Petition & Amended Petition)(Lerma, Eduardo)
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Filing 10
BRIEF In Opposition to Plaintiffs' Request for Injunctive Relief by Ricardo A. Samaniego and by Richard D. Wiles. (Duarte, Ruben)
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Filing 9
BRIEF State Defendants' Brief in Opposition to Preliminary Injunction by Ken Paxton, Ed Serna, Unknown Commissioner of the Texas Department of Licnsing and Regulation. (Attachments: #1 Exhibit Declaration of Cara Pierce, #2 Exhibit Case Law, #3 Exhibit Bill Analysis S.B 315 Background, #4 Exhibit Bill Analysis S.B. 315 Author's/Statement of Intent, #5 Exhibit Bill Analysis S.B. 1655 Backkground and Purpose, #6 Exhibit Bill Analysis S.B. 3520 Background and Purpose)(Kercher, Ryan)
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Filing 8
MOTION to Appear Pro Hac Vice by Ryan G. Kercher ( Filing fee $ 100 receipt number 0542-15617750) by on behalf of Ken Paxton, Ed Serna, Unknown Commissioner of the Texas Department of Licnsing and Regulation. (Attachments: #1 Proposed Order)(Kercher, Ryan) Filing fee was refunded on 1/18/2022 due to not required by government entity (kc).
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Filing 7
MOTION to Dismiss by Ken Paxton. (Attachments: #1 Exhibits)(jg1)
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Filing 6
ORDER GRANTING #5 Motion for Leave to File Excess Pages Signed by Judge Frank Montalvo. (jg1)
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Filing 5
MOTION for Leave to Exceed Page Limitation by Ken Paxton, Ed Serna, Unknown Commissioner of the Texas Department of Licnsing and Regulation. (Attachments: #1 Proposed Order, #2 Brief, #3 Exhibit)(Kercher, Ryan)
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Filing 4
Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by Ricardo A Samaniego and by Richard D. Wiles. (Duarte, Ruben)
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Filing 3
SUPPLEMENT to #1 Notice of Removal,,, Supplemental Index of Documents Filed by Ken Paxton, Ed Serna, Unknown Commissioner of the Texas Department of Licnsing and Regulation. (Kercher, Ryan)
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Filing 2
ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON PREIMINARY INJUNCTION. Signed by Judge Frank Montalvo. (jg1)
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Case assigned to Judge Frank Montalvo. 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. (em)
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If ordered by the court, all referrals will be assigned to Magistrate Judge Schydlower (em)
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Filing 1
NOTICE OF REMOVAL by Unknown Commissioner of the Texas Department of Licnsing and Regulation, Ed Serna, in his official capacity as Executive Director of the Texas Workforce Commission, Attorney General of Texas, Ken Paxton in his official capacity (Filing fee $402 receipt number 0542-15577958), filed by Unknown Commissioner of the Texas Department of Licnsing and Regulation, Ed Serna, in his official capacity as Executive Director of the Texas Workforce Commission, Attorney General of Texas, Ken Paxton in his official capacity. (Attachments: #1 Exhibit Civil Coversheet, #2 Exhibit Supplement Civil Coversheet, #3 Exhibit Attorneys of Record, #4 Exhibit Desgination of counsel, #5 Exhibit Index and State Docs filed)(Kercher, Ryan)
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