Hernandez et al vs. Sierra et al
Plaintiff: Wenseslao Hernandez, Rosana Hernandez and Frank Hernandez
Defendant: Christopher Sierra, Town of Anthony, Texas, Unknown Named Deputies of the United States Marshals Service and UNITED STATES OF AMERICA
Case Number: 3:2022cv00201
Filed: June 6, 2022
Court: US District Court for the Western District of Texas
Presiding Judge: David Briones
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 2671 Federal Tort Claims Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 1, 2022 Filing 19 Motion to Dismiss for Failure to State a Claim Defendant Christopher Sierra's Rule 12(b)(6) Motion to Dismiss Plaintiffs' First Amended Complaint by Christopher Sierra. (Attachments: #1 Proposed Order)(Brittain, Eric)
August 1, 2022 Filing 18 Motion to Dismiss for Failure to State a Claim Defendant Town of Anthony, Texas' Rule 12(b)(6) Motion to Dismiss Plaintiffs' First Amended Complaint by Town of Anthony, Texas. (Attachments: #1 Proposed Order)(Brittain, Eric)
July 19, 2022 Filing 17 AMENDED COMPLAINT against All Defendants amending, filed by Wenseslao Hernandez, Frank Hernandez, Rosana Hernandez.(Marquez, Daniel)
July 15, 2022 Opinion or Order Filing 16 ORDER GRANTING #13 Motion to Dismiss. Signed by Judge David Briones. (mg2) Modified on 7/18/2022 (mg2).
July 13, 2022 Filing 15 RESPONSE to Motion, filed by Frank Hernandez, Rosana Hernandez, Wenseslao Hernandez, re #13 MOTION to Dismiss Defendant Town of Anthony, Texas' Motion to Dismiss Defendant Christopher Sierra Under the Texas Civil Practice & Remedies Code Election of Remedies Provision filed by Defendant Town of Anthony, Texas (Attachments: #1 Proposed Order)(Marquez, Daniel)
July 1, 2022 Filing 14 Motion to Dismiss for Failure to State a Claim Defendant Christopher Sierra's Rule 12(b)(6) Motion to Dismiss Plaintiffs' Original Complaint by Christopher Sierra. (Attachments: #1 Proposed Order)(Brittain, Eric)
June 29, 2022 Filing 13 MOTION to Dismiss Defendant Town of Anthony, Texas' Motion to Dismiss Defendant Christopher Sierra Under the Texas Civil Practice & Remedies Code Election of Remedies Provision by Town of Anthony, Texas. (Attachments: #1 Proposed Order)(Brittain, Eric)
June 29, 2022 Filing 12 Motion to Dismiss for Failure to State a Claim Defendant Town of Anthony, Texas' Rule 12(b)(6) Motion to Dismiss Plaintiffs' Original Complaint by Town of Anthony, Texas. (Attachments: #1 Proposed Order)(Brittain, Eric)
June 24, 2022 Filing 11 SUMMONS Returned Executed by Wenseslao Hernandez, Frank Hernandez, Rosana Hernandez. UNITED STATES OF AMERICA served on 6/13/2022, answer due 8/15/2022. (Marquez, Daniel)
June 24, 2022 Filing 10 SUMMONS Returned Executed by Wenseslao Hernandez, Frank Hernandez, Rosana Hernandez. UNITED STATES OF AMERICA served on 6/14/2022, answer due 8/15/2022. (Marquez, Daniel)
June 23, 2022 Filing 9 SUMMONS Returned Executed by Wenseslao Hernandez, Frank Hernandez, Rosana Hernandez. Unknown Named Deputies of the United States Marshals Service served on 6/17/2022, answer due 8/16/2022. (Marquez, Daniel)
June 23, 2022 Filing 8 SUMMONS Returned Executed by Wenseslao Hernandez, Frank Hernandez, Rosana Hernandez. Town of Anthony, Texas served on 6/10/2022, answer due 7/1/2022. (Marquez, Daniel)
June 23, 2022 Filing 7 SUMMONS Returned Executed by Wenseslao Hernandez, Frank Hernandez, Rosana Hernandez. Christopher Sierra served on 6/13/2022, answer due 7/5/2022. (Marquez, Daniel)
June 9, 2022 Filing 6 Summons Issued as to Christopher Sierra. (mg2)
June 9, 2022 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS by Wenseslao Hernandez. (Marquez, Daniel)
June 7, 2022 Filing 4 Summons Issued as to Christopher Sierra, Town of Anthony, Texas. (lc3)
June 7, 2022 Filing 3 Summons Issued as to UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (lc3)
June 6, 2022 Case assigned to Judge David Briones. 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. (lc3)
June 6, 2022 If ordered by the court, all referrals will be assigned to Magistrate Judge SCHYDLOWER (lc3)
June 6, 2022 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Wenseslao Hernandez. (Marquez, Daniel)
June 6, 2022 Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-16111024), filed by Wenseslao Hernandez. (Attachments: #1 Civil Cover Sheet)(Marquez, Daniel)

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Plaintiff: Wenseslao Hernandez
Represented By: Daniel A. Marquez
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Plaintiff: Rosana Hernandez
Represented By: Daniel A. Marquez
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Plaintiff: Frank Hernandez
Represented By: Daniel A. Marquez
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Defendant: Christopher Sierra
Represented By: Eric M. Brittain
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Defendant: Town of Anthony, Texas
Represented By: Eric M. Brittain
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Defendant: Unknown Named Deputies of the United States Marshals Service
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Defendant: UNITED STATES OF AMERICA
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