Meritage Homes, LLC v. City of Cibolo et al
Plaintiff: Meritage Homes, LLC
Defendant: City of Cibolo, Mayor Stosh Boyle, Councilmember Reggie Bone, Councilmember Mark Allen and Councilmember Joel Hicks
Case Number: 5:2021cv00755
Filed: August 11, 2021
Court: US District Court for the Western District of Texas
Presiding Judge: Fred Biery
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1343
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2021 Opinion or Order Filing 24 ORDER GRANTING #23 Motion for Extension of Time to File Response/Reply. Accordingly, IT IS HEREBY ORDERED that Plaintiffs Unopposed Motion to Extend Time to File the Response to Defendants Motion to Dismiss (docket #23) is GRANTED such that plaintiff shall have, as requested, until Tuesday, October 19, 2021, to file his response Signed by Judge Fred Biery. (mgr)
October 5, 2021 Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 Opposed MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT by Meritage Homes, LLC. (Attachments: #1 Proposed Order)(Ruiz, James)
October 1, 2021 Filing 22 Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing held on 10/1/2021 re #13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Meritage Homes, LLC (Minute entry documents are not available electronically.) **MOTION TAKEN UNDER ADVISEMENT TO BE CONTINUED TO 10-14-2021 (Court Reporter Chris Poage.)(bc)
October 1, 2021 Opinion or Order Filing 21 ORDER, (Motion Hearing RESET for 10/14/2021 08:30 AM before Judge Fred Biery). Signed by Judge Fred Biery. (bot1)
October 1, 2021 Motions Taken Under Advisement: #13 MOTION for Temporary Restraining Order and Preliminary Injunction (bc)
September 30, 2021 Filing 20 BRIEF Plaintiff's Brief on Mandatory Injunction by Meritage Homes, LLC. (Ruiz, James)
September 30, 2021 Filing 19 BRIEF regarding #16 Response in Opposition to Motion, by City of Cibolo. (Frigerio, Charles)
September 29, 2021 Filing 18 Response in Opposition to Motion, filed by Meritage Homes, LLC, re #13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Meritage Homes, LLC (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Ruiz, James)
September 24, 2021 Opinion or Order Filing 17 ORDER GRANTING OPPOSED MOTION FOR EXPEDITED HEARING ON EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER -- ( Miscellaneous Hearing set for 10/1/2021 9:30 AM before Judge Fred Biery) GRANTED #14 Opposed MOTION to Expedite Hearing for TRO and PI filed by Meritage Homes, LLC. Signed by Judge Fred Biery. (bc)
September 22, 2021 Filing 16 Response in Opposition to Motion, filed by City of Cibolo, re #14 Opposed MOTION to Expedite Hearing for TRO and PI filed by Plaintiff Meritage Homes, LLC, #13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Meritage Homes, LLC (Attachments: #1 Exhibit A)(Frigerio, Charles)
September 21, 2021 Filing 15 Opposed MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT by Mark Allen, Reggie Bone, Stosh Boyle, City of Cibolo, Joel Hicks. (Attachments: #1 Proposed Order)(Frigerio, Charles)
September 17, 2021 Filing 14 Opposed MOTION to Expedite Hearing for TRO and PI by Meritage Homes, LLC. (Attachments: #1 Proposed Order)(Ruiz, James)
September 17, 2021 Filing 13 MOTION for Temporary Restraining Order and Preliminary Injunction by Meritage Homes, LLC. (Attachments: #1 Affidavit Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Proposed Order)(Ruiz, James)
September 16, 2021 Filing 12 AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants amending #1 Complaint,., filed by Meritage Homes, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Ruiz, James)
September 2, 2021 Opinion or Order Filing 11 Order for Scheduling Recommendations-The parties shall submit a proposed scheduling order to the Court within 60 days after any defendant has appeared. Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Fred Biery. (bc)
September 2, 2021 Filing 10 ORIGINAL ANSWER to #1 Complaint, . Attorney Charles Straith Frigerio added to party City of Cibolo(pty:dft) by City of Cibolo.(Frigerio, Charles)
September 2, 2021 Filing 9 Opposed MOTION to Dismiss by Mark Allen, Reggie Bone, Stosh Boyle, Joel Hicks. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Frigerio, Charles)
August 16, 2021 Opinion or Order Filing 8 ORDER GRANTING #7 Motion to Appear Pro Hac Vice for Attorney Arthur J. Anderson for Meritage Homes, LLC. 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 Fred Biery. (bc)
August 16, 2021 Filing 7 MOTION to Appear Pro Hac Vice by James G. Ruiz (for Arthur J. Anderson) ( Filing fee $ 100 receipt number 0542-15120889) by on behalf of Meritage Homes, LLC. (Attachments: #1 Proposed Order)(Ruiz, James)
August 16, 2021 Filing 6 SUMMONS Returned Executed All defendants served 8/12/2021, answer due 9/2/2021 by Meritage Homes, LLC. All Defendants. (Ruiz, James) Modified on 8/16/2021 To edit text (bc).
August 16, 2021 Notice of Correction: ***NOTIFIED ALL PARTIES THAT THE ENTRY WAS MODIFIED TO ADD THE SERVICE DATE AND ANSWER DUE DATE.*** re #6 Summons Returned Executed. (bc)
August 13, 2021 Filing 5 RULE 7 DISCLOSURE STATEMENT filed by Meritage Homes, LLC. (Ruiz, James)
August 12, 2021 Filing 4 Pro Hac Vice Letter- Arthur J. Anderson(bc)
August 12, 2021 Filing 3 Summons Issued as to Mark Allen, Reggie Bone, Stosh Boyle, City of Cibolo, and Joel Hicks. (bc)
August 11, 2021 Case assigned to Judge Fred Biery. 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. (bc)
August 11, 2021 If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (bc)
August 11, 2021 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Meritage Homes, LLC. (Ruiz, James)
August 11, 2021 Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-15108707), filed by Meritage Homes, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Ruiz, James)

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Plaintiff: Meritage Homes, LLC
Represented By: James G. Ruiz
Represented By: Arthur J. Anderson
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Defendant: City of Cibolo
Represented By: Charles Straith Frigerio
Represented By: Hector Xavier Saenz
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Defendant: Mayor Stosh Boyle
Represented By: Charles Straith Frigerio
Represented By: Hector Xavier Saenz
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Defendant: Councilmember Reggie Bone
Represented By: Charles Straith Frigerio
Represented By: Hector Xavier Saenz
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Defendant: Councilmember Mark Allen
Represented By: Charles Straith Frigerio
Represented By: Hector Xavier Saenz
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Defendant: Councilmember Joel Hicks
Represented By: Charles Straith Frigerio
Represented By: Hector Xavier Saenz
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