SO Apartments, LLC et al v. City of San Antonio, Texas
| SO Apartments, LLC and Station at Elm Creek, LLC |
| City of San Antonio, Texas |
| 5:2023cv00992 |
| August 11, 2023 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal - Constitutional Rights |
| Defendant |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 TRANSCRIPT REQUEST by SO Apartments, LLC, Station at Elm Creek, LLC for dates of 9/25/23. Proceedings Transcribed: 9/25/23. Court Reporter: Gigi Simcox.. (Grable, Brandon) |
Text Order DENYING #14 Motion for Preliminary Injunction Pending Appeal entered by Judge Xavier Rodriguez for the same reasons stated in open court at the hearing held on September 25, 2023. Again, Plaintiffs have failed to justify the need for such extraordinary relief at this time, months after both the enactment of the challenged ordinance and Plaintiffs' enrollment in the program. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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| NOTICE OF INTERLOCUTORY APPEAL as to Order on Motion for Preliminary Injunction by SO Apartments, LLC, Station at Elm Creek, LLC. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (nm) |
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Filing 15
Appeal of Order entered by District Judge by SO Apartments, LLC, Station at Elm Creek, LLC. No filing fee submitted (Attachments: #1 Exhibit Text Order denying PI)(Grable, Brandon)
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| Filing 14 MOTION for Preliminary Injunction pending Appeal by SO Apartments, LLC, Station at Elm Creek, LLC. (Attachments: #1 Exhibit City Ordinance creating Inspection Program, #2 Exhibit DSD Memo to City Council, #3 Exhibit SO Apts Notice of Violations, #4 Exhibit Elm Creek Notice of Violations, #5 Exhibit Citations issued to Plaintiffs, #6 Exhibit Registration Fees for Plaintiffs, #7 Exhibit San Antonio Maintenance Code, #8 Exhibit Affidavits by Plaintiffs)(Grable, Brandon) |
| Filing 13 Minute Entry for proceedings held before Judge Xavier Rodriguez: Motion Hearing held on 9/25/2023 re #5 MOTION for Preliminary Injunction filed by Station at Elm Creek, LLC, SO Apartments, LLC (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(mgr) |
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Text Order DENYING #5 Motion for Preliminary Injunction entered by Judge Xavier Rodriguez for the reasons stated in open court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order TAKING UNDER ADVISEMENT #5 Motion for Preliminary Injunction entered by Judge Xavier Rodriguez. Due to a scheduling conflict, this motion is RE-SET for a hearing on Monday, September 25, 2023 at 10:30 a.m. in Courtroom H, United States Courthouse, 262 West Nueva, San Antonio, Texas 78207. If the parties wish to proceed via Zoom, they must notify the Courtroom Deputy, Sylvia Fernandez, at least 24 hours in advance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order TAKING UNDER ADVISEMENT #5 Motion for Preliminary Injunction entered by Judge Xavier Rodriguez. This motion is set for a hearing on Monday, September 25, 2023 at 2:30 p.m. in Courtroom H, United States Courthouse, 262 West Nueva, San Antonio, Texas 78207. If the parties wish to proceed via Zoom, they must notify the Courtroom Deputy, Sylvia Fernandez, at least 24 hours in advance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 12
ORDER AND ADVISORY --It is ORDERED that the Plaintiff(s) confer with the Defendant(s) as required by Fed. R. Civ. P 26(f) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by October 18, 2023. Signed by Judge Xavier Rodriguez. (mgr)
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| Filing 11 Defendant's Answer and Affirmative Defenses to Plaintiffs' First Amended Complaint ANSWER to #4 Amended Complaint, with Jury Demand by City of San Antonio, Texas.(Kirkland, Bonnie) |
| Filing 10 ADVISORY TO THE COURT by City of San Antonio, Texas . (Kirkland, Bonnie) |
| Filing 9 REPLY to Response to Motion, filed by SO Apartments, LLC, Station at Elm Creek, LLC, re #5 MOTION for Preliminary Injunction filed by Plaintiff Station at Elm Creek, LLC, Plaintiff SO Apartments, LLC (Grable, Brandon) |
| Filing 8 RESPONSE to Motion, filed by City of San Antonio, Texas, re #5 MOTION for Preliminary Injunction filed by Plaintiff Station at Elm Creek, LLC, Plaintiff SO Apartments, LLC (Attachments: #1 Affidavit of Michael Shannon)(Kirkland, Bonnie) |
| Filing 7 ADVISORY TO THE COURT by City of San Antonio, Texas . (Kirkland, Bonnie) |
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Filing 6
STANDING ORDER CONCERNING REMOVED CASES. Signed by Judge Xavier Rodriguez. (tm2)
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| Filing 5 MOTION for Preliminary Injunction by SO Apartments, LLC, Station at Elm Creek, LLC. (Attachments: #1 Exhibit)(Grable, Brandon) |
| Filing 4 AMENDED COMPLAINT against All Defendants amending, filed by SO Apartments, LLC, Station at Elm Creek, LLC. (Attachments: #1 Affidavit Station at Elm Creek, LLC verification, #2 Affidavit SO Apartments, LLC Verification)(Grable, Brandon) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer. (tm2) |
| Case assigned to Judge Xavier Rodriguez. 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. (tm2) |
| Filing 3 NOTICE of Attorney Appearance by Brandon J. Grable on behalf of SO Apartments, LLC, Station at Elm Creek, LLC. Attorney Brandon J. Grable added to party SO Apartments, LLC(pty:pla), Attorney Brandon J. Grable added to party Station at Elm Creek, LLC(pty:pla) (Grable, Brandon) |
| Filing 2 SUPPLEMENT to #1 Notice of Removal, by City of San Antonio, Texas. (Kirkland, Bonnie) |
| Filing 1 NOTICE OF REMOVAL by City of San Antonio, Texas (Filing fee $402 receipt number ATXWDC-17762915), filed by City of San Antonio, Texas. (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)(Fry, Melanie) |
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