RCI Entertainment (San Antonio), Inc. v. The City of San Antonio, et al
| RCI Entertainment (San Antonio), Inc. doing business as XTC Cabaret and RCI Entertainment (San Antonio), Inc. d/b/a XTC Cabaret |
| The City of San Antonio, Dieudonne Jaosidy, Michael E. Shannon, Ron Nirenberg, Israel Villa and Jose Gutierrez |
| 5:2021cv00194 |
| March 1, 2021 |
| US District Court for the Western District of Texas |
| Jason K Pulliam |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.
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Filing 36
Text Order GRANTING #35 Plaintiff's Unopposed Motion to Extend Time to file Response to #31 Defendants' Rule 12(b) Motion to Dismiss. For good cause shown, the deadline for any such response is extended to May 3, 2021. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw)
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| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss DEFENDANTS CITY OF SAN ANTONIO, NIRENBERG, SHANNON, GUTIERREZ, VILLA, AND JAOSIDYS 12(b) MOTIONS TO DISMISS PLAINTIFFS VERIFIED ORIGINAL COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED, AND PURSUANT TO ABS by RCI Entertainment (San Antonio), Inc.. (Attachments: #1 Proposed Order on Motion to Extend Time to Respond)(Allen, Benjamin) |
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Filing 34
ORDER DENYING #29 Motion for TRO. Signed by Judge Jason K. Pulliam. (rg)
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| Filing 33 Minute Entry for proceedings held before Judge Jason K. Pulliam: Motion Hearing held on 4/7/2021 re #31 MOTION to Dismiss; #29 MOTION for Temporary Restraining Order filed by RCI Entertainment (San Antonio), Inc. (Minute entry documents are not available electronically.).Court takes both motions under advisement. (Court Reporter Tish Moncivais.)(rg) |
| Filing 32 RESPONSE to Motion, filed by The City of San Antonio, re #29 MOTION for Temporary Restraining Order filed by Plaintiff RCI Entertainment (San Antonio), Inc. CITY OF SAN ANTONIOS RESPONSE TO PLAINTIFFS APRIL 5, 2021 APPLICATION FOR TEMPORARY RESTRAINING ORDER DKT # 29 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sanchez, Judith) |
| Filing 31 MOTION to Dismiss DEFENDANTS CITY OF SAN ANTONIO, NIRENBERG, SHANNON, GUTIERREZ, VILLA, AND JAOSIDYS 12(b) MOTIONS TO DISMISS PLAINTIFFS VERIFIED ORIGINAL COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED, AND PURSUANT TO ABSTENTION DOCTRINE by The City of San Antonio. (Sanchez, Judith) |
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Filing 30
ORDER EXPEDITING BRIEFING AND SETTING HEARING re #29 MOTION for Temporary Restraining Order filed by RCI Entertainment (San Antonio), Inc., ( Motion Hearing Via Video Conference set for 4/7/2021 12:00 PM before Judge Jason K. Pulliam,). Signed by Judge Jason K. Pulliam. (wg)
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| Filing 29 MOTION for Temporary Restraining Order by RCI Entertainment (San Antonio), Inc.. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Errata C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order Granting TRO)(Wallace, Casey) |
| Filing 28 SUMMONS Returned Executed by RCI Entertainment (San Antonio), Inc.. Ron Nirenberg served on 3/15/2021, answer due 4/5/2021. (Wallace, Casey) |
| Filing 27 SUMMONS Returned Executed by RCI Entertainment (San Antonio), Inc.. Michael E. Shannon served on 3/15/2021, answer due 4/5/2021. (Wallace, Casey) |
| Filing 26 SUMMONS Returned Executed by RCI Entertainment (San Antonio), Inc.. Jose Gutierrez served on 3/15/2021, answer due 4/5/2021. (Wallace, Casey) |
| Filing 25 SUMMONS Returned Executed by RCI Entertainment (San Antonio), Inc.. Israel Villa served on 3/15/2021, answer due 4/5/2021. (Wallace, Casey) |
| Filing 24 SUMMONS Returned Executed by RCI Entertainment (San Antonio), Inc.. Dieudonne Jaosidy served on 3/15/2021, answer due 4/5/2021. (Wallace, Casey) |
| Filing 23 REQUEST FOR WAIVER of Service by RCI Entertainment (San Antonio), Inc., SUMMONS Returned Executed by RCI Entertainment (San Antonio), Inc.. The City of San Antonio served on 3/18/2021, answer due 4/8/2021. (Wallace, Casey) |
| Filing 22 Summons Issued as to Michael E. Shannon. (rg) |
| Filing 21 Summons Issued as to Ron Nirenberg. (rg) |
| Filing 20 Summons Issued as to Jose Gutierrez. (rg) |
| Filing 19 Summons Issued as to Israel Villa. (rg) |
| Filing 18 Summons Issued as to Dieudonne Jaosidy. (rg) |
| Filing 17 Summons Issued as to The City of San Antonio. (rg) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS by RCI Entertainment (San Antonio), Inc.. for the City of San Antonio, Mayor Ron Nirenberg, Michael E. Shannon, Diedonne Jaosidy, Jose Gutierrez and Israel Villa (Wallace, Casey) |
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Filing 15
ORDER DENYING #5 Plaintiff's Second Amended Application for Preliminary and Permanent Injunctive Relief. For the reasons stated in the Order, the Court denies the motion. Signed by Judge Jason K. Pulliam. (rw)
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Filing 14
Text Order DENYING as unnecessary #13 Defendant City of San Antonio's Motion for Leave to File Late Exhibit. Because Plaintiff provided the same exhibit with its #1 Complaint, see ECF No. [1-14], the Court denies the motion as unnecessary. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.)(rw)
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| Filing 13 MOTION for Leave to File Late Exhibit to its Response to Plaintiff's Reply in Support of its Second Amended Application for Preliminary and Permanent Injunctive Relief by The City of San Antonio. (Attachments: #1 Exhibit 1 Notice)(Sanchez, Judith) |
| Filing 12 NOTICE City of San Antonio's Advisory to the Court by The City of San Antonio (Sanchez, Judith) |
| Filing 11 RESPONSE to Motion, filed by The City of San Antonio, re #5 Second MOTION for Preliminary Injunction and Permanent Injunctive Relief filed by Plaintiff RCI Entertainment (San Antonio), Inc. City of San Antonio's Response to Plaintiff's Reply in Support of Its Second Amended Application for Preliminary and Permanent Injunctive Relief (Sanchez, Judith) |
| Filing 10 Minute Entry for proceedings held before Judge Jason K. Pulliam: Miscellaneous Hearing held on 3/4/2021. (Minute entry documents are not available electronically.). (Court Reporter Tish Moncivais.)(rg) |
| Filing 9 RESPONSE in Support, filed by RCI Entertainment (San Antonio), Inc., re #5 Second MOTION for Preliminary Injunction and Permanent Injunctive Relief filed by Plaintiff RCI Entertainment (San Antonio), Inc. (Attachments: #1 Exhibit A - Chapter 10 Building Related Codes)(Wallace, Casey) |
| Filing 8 RESPONSE to Motion, filed by The City of San Antonio, re #5 Second MOTION for Preliminary Injunction and Permanent Injunctive Relief filed by Plaintiff RCI Entertainment (San Antonio), Inc. City of San Antonio submits (Attachments: #1 Exhibit A, #2 Exhibit B)(Sanchez, Judith) |
| Filing 7 NOTICE of Attorney Appearance by Judith D. Sanchez on behalf of The City of San Antonio. Attorney Judith D. Sanchez added to party The City of San Antonio(pty:dft) (Sanchez, Judith) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS by RCI Entertainment (San Antonio), Inc.. for the City of San Antonio, Mayor Ron Nirenberg, Michael E. Shannon, Diedonne Jaosidy, Jose Gutierrez and Israel Villa (Wallace, Casey) |
| Filing 5 Second MOTION for Preliminary Injunction and Permanent Injunctive Relief by RCI Entertainment (San Antonio), Inc.. (Wallace, Casey) |
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Filing 4
ORDER MOOTING #2 Motion for TRO and Preliminary Injunction; DENYING #3 AMENDED Motion for Preliminary and Permanent Injunction. Signed by Judge Jason K. Pulliam. (rg)
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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. (rg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer. (rg) |
| Filing 3 Amended MOTION for Preliminary Injunction and Permanent Injunctive Relief by RCI Entertainment (San Antonio), Inc.. (Attachments: #1 Proposed Order Granting Temporary Restraining Order)(Wallace, Casey) |
| Filing 2 MOTION for Preliminary Injunction by RCI Entertainment (San Antonio), Inc., d/b/a XTC Cabaret. (Wallace, Casey) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-14542409), filed by RCI Entertainment (San Antonio), Inc., d/b/a XTC Cabaret. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - 11 Addendum, #3 Exhibit B - 8 Declaration, #4 Exhibit C - 2020.09.12 - Stop Work Order, #5 Exhibit D - 2020.11.06 Citation, #6 Exhibit E - GA-29, #7 Exhibit F - GA-32, #8 Exhibit G - 9 Addendum, #9 Exhibit H - 10 Addendum, #10 Exhibit I - 2020.11.10 Notice of Intent Letter, #11 Exhibit J - Ordinance 2020.03.26 02174, #12 Exhibit K - Emergency Declaration No. 5, #13 Exhibit L - Fifth Declaration of Public Health, #14 Exhibit M - 2020.11.24 Letter from SADS, #15 Exhibit N - 2020.12.04 - Email, #16 Exhibit O - XTC Proposed Plan, #17 Exhibit P - Docket Report, #18 Exhibit Q - Judge's Notes, #19 Exhibit R - 2021.02.26 Stop Work Order, #20 Exhibit S - 2021.02.26 Signed Order - Propose TRO)(Wallace, Casey) |
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