Martinez et al v. Wallace
| Mia Isabella Martinez, Adria Marie Garza, Eduardo Martinez and Eduardo Leo Martinez |
| Cody Wallace |
| 5:2020cv00806 |
| July 10, 2020 |
| US District Court for the Western District of Texas |
| San Antonio Office |
| David A Ezra |
| Jason K Pulliam |
| Xavier Rodriguez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 25, 2022. A more recent docket listing may be available from PACER.
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Filing 33
NOTICE Agreed Notice of Dismissal With Prejudice by Cody Wallace (Webb, Briana)
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Filing 32
Joint MOTION to Stay Pending Settlement Approval by Cody Wallace. (Attachments: #1 Proposed Order)(Webb, Briana)
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Text Order GRANTING #32 Motion to Stay entered by Judge Xavier Rodriguez. The parties have informed the Court that they have reached a settlement. To ensure that this cause does not remain on the Courts docket in the absence of a live controversy, the Court vacates all remaining deadlines and settings, including trial, and ORDERS the parties to submit a stipulation of dismissal or an agreed judgment and any appropriate supporting documents on or before April 25, 2022. See FED. R. CIV. P. 41. Should the parties be unable to finalize the settlement and submit appropriate documents by that date, they must request an extension of time to do so. Because all proceedings in this case are stayed pending approval of the settlement by the Attorney General and the Governor, this case is appropriate for administrative closure. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case pending further order of the Court. See Mire v. Full Spectrum Lending, 389 F.3d 163, 167 (5th Cir. 2004) ("The effect of an administrative closure is no different from a simple stay, except that it affects the count of active cases pending on the court's docket; i.e., administratively closed cases are not counted as active"). Though administratively closed, this case will still exist on the docket of this Court and may be reopened upon request of any party or on the Court's own motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 31
***PLEASE DISREGARD THIS ENTRY -IT WAS DOCKETED IN THIS CASE IN ERROR-THE ENTRY WILL BE RESTRICTED***ORDER TO SHOW CAUSE as to Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez, Cody Wallace. Show Cause Response due by 1/20/2022,. Signed by Judge Xavier Rodriguez. (mgr) Modified on 1/7/2022 (mgr).
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Filing 30
ORDER DENYING #27 Motion for Summary Judgment Signed by Judge Xavier Rodriguez. (mgr)
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Filing 29
SCHEDULING ORDER, ( Jury Selection set for 3/7/2022 10:30AM before Judge Xavier Rodriguez,, Jury Trial set for 3/7/2022 10:30 AM before Judge Xavier Rodriguez,, Final Pretrial Conference set for 2/24/2022 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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Filing 28
RESPONSE to Motion, filed by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez, re #27 MOTION for Summary Judgment with Brief in Support filed by Defendant Cody Wallace Plaintiffs' Response to Defendant's Motion for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order Denying)(Guerra, Francisco)
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Filing 27
MOTION for Summary Judgment with Brief in Support by Cody Wallace. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Dennis, Seth)
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Filing 26
ORDER REASSIGNING CASE. Case randomly reassigned to Judge Xavier Rodriguez for all proceedings. Judge David A. Ezra no longer assigned to case. Signed by Judge David A. Ezra. (kc)
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Filing 25
ATTACHMENT Corrected to #23 Joint MOTION to Extend Scheduling Order Deadlines by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez. (Guerra, Francisco)
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Filing 24
DEFICIENCY NOTICE: MISSING PROPOSED ORDER. Please do not re-file the entire document, please only file the proposedorder using the "Attachment" event and link to the motion re #23 Joint MOTION to Extend Scheduling Order Deadlines (mgr)
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Reset Deadlines: Discovery due by 5/6/2021, Motions due by 6/7/2021, (mgr)
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Text Order GRANTING #23 Joint Motion to Extend Scheduling Order Deadlines. The discovery deadline is now May 6, 2021, and the dispositive motions deadline is now June 7, 2021. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ed)
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Filing 23
***DOCUMENT DEFICIENT -MISSING PROPOSED ORDER***Joint MOTION to Extend Scheduling Order Deadlines by Adria Marie Garza. (Guerra, Francisco) Modified on 1/14/2021 (mgr).
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Filing 22
NOTICE Of Offer of Settlement Pursuant to Scheduling Order by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez (Guerra, Francisco)
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Filing 21
ADR Report Filed - JOINT by Cody Wallace(Dennis, Seth)
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Filing 20
Letter sent to attorney: Rebecca C. Page regarding admission into the Western District of Texas. (bc)
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Filing 19
SUPPLEMENT Designation of Experts by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez. (Guerra, Francisco)
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Text Order GRANTING #18 Unopposed Motion for Limited Extension of Expert Report Deadline. It is ORDERED that Plaintiffs are permitted to produce the expert report of Dr. Janyna M. Mercado, Ph.D., within fourteen (14) days of the entry of this Order, and service of such report will be considered timely. All designations of rebuttal experts shall be designated within fourteen (14) days of receipt of the report of the opposing expert. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ed)
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Filing 18
Unopposed MOTION for Leave to File Motion for Leave to Extend The Expert Report Deadline for Dr. Janyna Mercado by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez. (Attachments: #1 Proposed Order)(Guerra, Francisco)
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Filing 17
NOTICE of Filing Plaintiffs' Rule 26(a)(2) Designation of Experts by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez (Guerra, Francisco)
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Text Order GRANTING #16 Unopposed Motion for Extension of Expert Deadlines. All parties asserting claims for relief shall file their designation of testifying experts and shall serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(B) by December 8, 2020. Parties resisting claims for relief shall file their designation testifying experts and shall serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(B) by January 21, 2021. All designations of rebuttal experts shall be designated within fourteen (14) days of receipt of the report of the opposing expert. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ed)
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Filing 16
Unopposed MOTION for Extension of Time to File Expert Deadlines by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez. (Attachments: #1 Proposed Order)(Guerra, Francisco)
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Text Order GRANTING #15 Motion to Withdraw as Attorney. IT IS ORDERED that Desi I. Martinez of the firm MARTINEZ & ASSOCIATES, PLLC, 2828 Goliad Road, Suite 125, San Antonio, Texas 78223, is hereby WITHDRAWN as assistant counsel for Plaintiffs in the case at bar; and, Francisco Guerra, IV, of the firm WATTS GUERRA, LLP, 4 Dominion Drive, Building 3, Suite 100, San Antonio, Texas 78257, shall remain as lead counsel for Plaintiffs. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ed)
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Filing 15
Unopposed MOTION to Withdraw as Attorney Assistant Counsel by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez. (Attachments: #1 Proposed Order)(Guerra, Francisco)
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Filing 14
NOTICE of Filing Notice of Filing by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez (Guerra, Francisco)
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Filing 13
Scheduling Recommendations Amended by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez. (Guerra, Francisco)
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Filing 12
SCHEDULING ORDER: ADR Report Deadline due by 1/8/2021, Amended Pleadings due by 12/15/2020, Discovery due by 2/5/2021, Motions due by 3/7/2021,. Signed by Judge David A. Ezra. (mgr)
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Filing 11
Proposed Scheduling Recommendations Order by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez. (Guerra, Francisco) Modified on 8/24/2020 (wg).
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Filing 10
Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within thirty (30) days from the date of this Order., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge David A. Ezra. (wg)
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Filing 9
SUMMONS Returned Executed by Eduardo Leo Martinez, Mia Isabella Martinez, Adria Marie Garza. All Defendants. (Guerra, Francisco)
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Filing 8
ANSWER to #1 Complaint . Attorney Seth Byron Dennis added to party Cody Wallace(pty:dft) by Cody Wallace.(Dennis, Seth)
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Filing 7
ORDER OF RECUSAL. Judge Jason K. Pulliam recused. Case reassigned to Judge David A. Ezra for all further proceedings. Signed by Judge Jason K. Pulliam. (mgr)
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Filing 6
Summons Issued as to Cody Wallace. (mgr)
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Filing 5
Summons Issued as to Cody Wallace. (mgr)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS by Adria Marie Garza, Eduardo Leo Martinez, Mia Isabella Martinez. (Guerra, Francisco)
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Filing 3
Pro Hac Vice Letter to Attorney Desi I. Martinez regarding Attorney Admission to the Western District of Texas. (mgr)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS by Adria Marie Garza, Eduardo Martinez, Mia Isabella Martinez. (Guerra, Francisco)
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Filing 1
COMPLAINT ( Filing fee $ 400 receipt number 0542-13748528), filed by Eduardo Martinez, Mia Isabella Martinez, Adria Marie Garza. (Attachments: #1 Civil Cover Sheet)(Guerra, Francisco)
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If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (mgr)
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Case assigned to Judge Jason K. Pulliam. 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. (mgr)
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