Barnes v. City of El Paso et al
| Anna Barnes |
| City Of El Paso, Gregory K. Allen, Oliver Meise, Jarred Frank and City of El Paso, Texas |
| 3:2022cv00161 |
| May 5, 2022 |
| US District Court for the Western District of Texas |
| Kathleen Cardone |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
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Filing 47
ORDER GRANTING #36 Motion to Dismiss for Failure to State a Claim; GRANTING #20 Motion to Dismiss ; GRANTING IN PART AND DENYING IN PART #21 Motion to Dismiss for Failure to State a Claim Signed by Judge Kathleen Cardone. (ep1)
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Filing 46
ORDER GRANTING IN PART #45 Motion to Modify Service List to Remove Non-Active Attorneys Signed by Judge Kathleen Cardone. (ep1)
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| Filing 45 MOTION to Modify Service List to Remove Non-Active Attorneys by City of El Paso, Texas. (Attachments: #1 Proposed Order)(Gomez Baca, Carlos) |
| Filing 44 NOTICE of Attorney Removal by City of El Paso, Texas (Gomez Baca, Carlos) |
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Filing 43
ORDER that discovery is STAYED in this case pending resolution of Defendants Motions to Dismiss.. Signed by Judge Kathleen Cardone. (ep1)
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| Filing 42 Rule 26(f) Discovery Report/Case Management Plan by Anna Barnes. (Kallinen, Randall) |
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Filing 41
ORDER for the parties to meet, confer, and submit a joint report of partiesplanning meeting as specified in the Courts Standing Order on Pretrial Deadlines no later than January 24, 2023.. Signed by Judge Kathleen Cardone. (ep1)
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| Filing 40 REPLY to Response to Motion, filed by Oliver Meise, re #36 Motion to Dismiss for Failure to State a Claim filed by Defendant Oliver Meise (Darnell, James) |
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Text Order GRANTING #39 Motion to Substitute Attorney. IT IS ORDERED that attorney Mathew Engelbaum is ALLOWED TO WITHDRAW and that attorney Carlos Gomez Baca Jr. is SUBSTITUTED as attorney of record for Defendants City of El Paso, Texas and Greg Allen. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC) Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Filing 39 MOTION to Substitute Attorney by Gregory K. Allen, City of El Paso, Texas. (Engelbaum, Mathew) |
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Text Order GRANTING #38 Motion for Extension of Time to File Response/Reply. Defendant Meises deadline to file a reply to Plaintiffs Response to Defendant Meises Motion to Dismiss, ECF No. 37, is EXTENDED until January 13, 2023. SO ORDERED. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply as to #37 Response in Opposition to Motion by Oliver Meise. (Attachments: #1 Proposed Order)(Darnell, James (Jeep)) |
| Filing 37 Response in Opposition to Motion, filed by Anna Barnes, re #36 Motion to Dismiss for Failure to State a Claim filed by Defendant Oliver Meise (Attachments: #1 Proposed Order)(Kallinen, Randall) |
| Filing 36 Motion to Dismiss for Failure to State a Claim by Oliver Meise. (Darnell, James) |
| Filing 35 NOTICE of Attorney Appearance by Cris Estrada on behalf of Oliver Meise. Attorney Cris Estrada added to party Oliver Meise(pty:dft) (Estrada, Cris) |
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Filing 34
ORDER GRANTING IN PART AND DENYING IN PART #33 Motion for Extension of Time to File. Defendant Meises deadline to file a response to Plaintiffs First Amended Complaint, ECF No. 18, is EXTENDED until December 12, 2022. Signed by Judge Kathleen Cardone. (ep1)
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| Set/Reset Deadlines: Oliver Meise answer due 12/12/2022. (ep1) |
| Filing 33 Unopposed MOTION for Extension of Time to File by Oliver Meise. (Attachments: #1 Proposed Order)(Darnell, James (Jeep)) |
| Filing 32 NOTICE of Attorney Appearance by James O. Darnell, Sr on behalf of Oliver Meise. Attorney James O. Darnell, Sr added to party Oliver Meise(pty:dft) (Darnell, James) |
| Filing 31 NOTICE of Attorney Appearance by James (Jeep) O. Darnell, Jr on behalf of Oliver Meise. Attorney James (Jeep) O. Darnell, Jr added to party Oliver Meise(pty:dft) (Darnell, James (Jeep)) |
| Filing 30 SUMMONS Returned Executed by Anna Barnes. Oliver Meise served on 10/20/2022, answer due 11/10/2022. (Kallinen, Randall) |
| Filing 29 REPLY to Response to Motion, filed by Jarred Frank, re #21 Motion to Dismiss for Failure to State a Claim filed by Defendant Jarred Frank (Darnell, James (Jeep)) |
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Filing 28
ORDER GRANTING IN PART AND DENYING IN PART #27 Motion for Extension of Time to File Signed by Judge Kathleen Cardone. (ep1)
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| Filing 27 MOTION for Extension of Time to File Service by Anna Barnes. (Attachments: #1 Exhibit, #2 Proposed Order)(Kallinen, Randall) |
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Text Order GRANTING #26 Motion for Extension of Time to File Response/Reply. Defendant Jarred Franks deadline to file a reply to Plaintiffs Response in Opposition to Motion to Dismiss, ECF No. 25, is EXTENDED until October 21, 2022. SO ORDERED. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 Response in Opposition to Motion, by Jarred Frank. (Attachments: #1 Proposed Order)(Darnell, James (Jeep)) |
| Filing 25 Response in Opposition to Motion, filed by Anna Barnes, re #21 Motion to Dismiss for Failure to State a Claim filed by Defendant Jarred Frank, #20 MOTION to Dismiss filed by Defendant City of El Paso, Texas, Defendant Gregory K. Allen (Attachments: #1 Proposed Order)(Kallinen, Randall) |
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Filing 24
ORDER for Plaintiff to either FILE proof of service or SHOW CAUSE for failure to effect service on Defendant Oliver K. Meise no later than October 18, 2022. Signed by Judge Kathleen Cardone. (ep1)
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Text Order GRANTING #23 Motion for Extension of Time to File Response/Reply. Plaintiff's deadline to file a response to Defendants City of El Paso and Gregory K. Allen's Motion to Dismiss, ECF No. 20, is EXTENDED until October 10, 2022. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MDlc)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss by Anna Barnes. (Attachments: #1 Exhibit)(Kallinen, Randall) |
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Text Order GRANTING #22 Motion to Appear Pro Hac Vice. IT IS ORDERED that attorney Alexander C. Johnson may appear on behalf of Plaintiff Anna Barnes. IT IS FURTHER ORDERED that Alexander C. Johnson, if he has not already done so, shall immediately tender the amount of $100.00, made payable to the Clerk of the U.S. District Court in compliance with Local Court Rule AT-1(f)(2). 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. Registration is managed by the PACER Service Center. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MDlc)
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| Filing 22 MOTION to Appear Pro Hac Vice by Randall L. Kallinen Alexander C. Johnson ( Filing fee $ 100 receipt number ATXWDC-16583161) by on behalf of Anna Barnes. (Kallinen, Randall) |
| Filing 21 Motion to Dismiss for Failure to State a Claim by Jarred Frank. (Darnell, James (Jeep)) |
| Filing 20 MOTION to Dismiss #18 Plaintiff's First Amended Original Complaint by Gregory K. Allen, City of El Paso, Texas.(Engelbaum, Mathew) Modified on 9/19/2022 (ep1). |
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Filing 19
ORDER DENYING #13 Motion to Dismiss ; MOOTING #17 Motion to Dismiss for Failure to State a Claim Signed by Judge Kathleen Cardone. (ep1)
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| Filing 18 AMENDED COMPLAINT against All Defendants amending, filed by Anna Barnes. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kallinen, Randall) |
| Filing 17 Motion to Dismiss for Failure to State a Claim by Jarred Frank. (Darnell, James) |
| Filing 16 NOTICE of Attorney Appearance by Cris Estrada on behalf of Jarred Frank. Attorney Cris Estrada added to party Jarred Frank(pty:dft) (Estrada, Cris) |
| Filing 15 NOTICE of Attorney Appearance by James O. Darnell, Sr on behalf of Jarred Frank. Attorney James O. Darnell, Sr added to party Jarred Frank(pty:dft) (Darnell, James) |
| Filing 14 NOTICE of Attorney Appearance by James (Jeep) O. Darnell, Jr on behalf of Jarred Frank. Attorney James (Jeep) O. Darnell, Jr added to party Jarred Frank(pty:dft) (Darnell, James (Jeep)) |
| Filing 13 MOTION to Dismiss #1 Complaint . Attorney Mathew Jacob Engelbaum added to party Gregory K. Allen(pty:dft), Attorney Mathew Jacob Engelbaum added to party City of El Paso, Texas(pty:dft) by Gregory K. Allen, City of El Paso, Texas.(Engelbaum, Mathew) Modified on 8/24/2022 (ep1). |
| Filing 12 SUMMONS Returned Executed by Anna Barnes. City of El Paso, Texas served on 8/2/2022, answer due 8/23/2022. (Kallinen, Randall) |
| Filing 11 Summons Issued as to Gregory K. Allen, Jarred Frank, Oliver Meise. (ep1) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS by Anna Barnes. (Attachments: #1 Exhibit, #2 Exhibit)(Kallinen, Randall) |
| Filing 9 DEFICIENCY NOTICE: re #8 Summons Returned Executed (ep1) |
| Filing 8 ***DOCUMENT DEFICIENT*** SUMMONS Returned Executed by Anna Barnes. Jarred Frank served on 8/8/2022, answer due 8/29/2022. (Kallinen, Randall) Modified on 8/17/2022 (ep1). |
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Text Order GRANTING #7 Motion Plaintiffs deadline to file proof of service is EXTENDED until October 3, 2022. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Filing 7 Unopposed MOTION Extend Service by Anna Barnes. (Attachments: #1 Exhibit, #2 Proposed Order)(Kallinen, Randall) |
| Filing 6 Summons Issued as to City of El Paso, Texas. (ep1) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS by Anna Barnes. CITY OF EL PASO, TEXAS (2ND) (Kallinen, Randall) |
| Filing 4 DEFICIENCY NOTICE: re #3 Request for Issuance of Summons **Incorrect case number or case style listed on document filed (ep1) |
| Filing 3 ***Document Deficient*** REQUEST FOR ISSUANCE OF SUMMONS by Anna Barnes. CITY OF EL PASO, TEXAS (2ND) (Kallinen, Randall) Modified on 7/8/2022 (ep1). |
| Filing 2 Pro Hac Vice Letter as to Alexander C. Johnson. (ep1) |
| Case assigned to Judge Kathleen Cardone. 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. (ep1) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Schydlower (ep1) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-16001294). No Summons requested at this time, filed by Anna Barnes. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Kallinen, Randall) |
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