JAI Dining Services (Odessa), Inc. v. The City of Odessa, Texas et al
Plaintiff: JAI Dining Services (Odessa), Inc.
Defendant: The City of Odessa, Texas, Michael Gerke, The Chief of Police of the Odessa Police Department, in his individual and official capacity and Unnamed Police Officers, in their individual and official capacities
Case Number: 7:2022cv00159
Filed: July 14, 2022
Court: US District Court for the Western District of Texas
Presiding Judge: David Counts
Referring Judge: Ronald C Griffin
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2022 Opinion or Order Filing 18 ORDER. Signed by Judge David Counts. (kg)
August 5, 2022 Filing 17 STIPULATION of Dismissal by JAI Dining Services (Odessa), Inc.. (Wallace, Casey)
July 27, 2022 Opinion or Order Filing 16 AGREED TEMPORARY RESTRAINING ORDER. Signed by Judge David Counts. (kg)
July 27, 2022 Filing 15 Proposed Order Agreed Injunction to Order on Motion for TRO, by JAI Dining Services (Odessa), Inc.. (Wallace, Casey)
July 22, 2022 Filing 14 Minute Entry for proceedings held before Judge David Counts: Motion Hearing held on 7/22/2022 re #2 MOTION for Temporary Restraining Order , Preliminary Injunction, and Permanent Injunctive Relief filed by JAI Dining Services (Odessa), Inc. (Minute entry documents are not available electronically.). (Court Reporter FTR-Midland.)(kg)
July 22, 2022 Opinion or Order Filing 13 ORDER FOR PLAINTIFF TO RETAIN LOCAL COUNSEL. Signed by Judge David Counts. (kg)
July 22, 2022 Opinion or Order Filing 12 ORDER ON QUALIFIED IMMUNITY DEFENSE. Signed by Judge David Counts. (kg)
July 22, 2022 Opinion or Order Text Order DENYING as moot #2 Motion for TRO entered by Judge David Counts. The parties have reached an agreement on this motion. As ordered by the Court, the parties shall file a written notice outlining the terms of their agreement within seven (7) days on or before July 29, 2022. It is so ORDERED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tm)
July 21, 2022 Filing 11 Memorandum in Support of Plaintiff's Application for Temporary Restraining Order by JAI Dining Services (Odessa), Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wallace, Casey)
July 20, 2022 Filing 10 RESPONSE to Motion, filed by Michael Gerke, The Chief of Police of the Odessa Police Department, in his individual and official capacity, The City of Odessa, Texas, Unnamed Police Officers, in their individual and official capacities, re #2 MOTION for Temporary Restraining Order , Preliminary Injunction, and Permanent Injunctive Relief filed by Plaintiff JAI Dining Services (Odessa), Inc. (Attachments: #1 Exhibit SOB Ordinance, #2 Exhibit Letters, #3 Affidavit Ian Kapets, #4 Exhibit Arrest Report, #5 Affidavit Georvarsey Mitchell, #6 Affidavit Matthew Sedillo, #7 Exhibit Judge Brooke Hendricks)(Jones, Daniel)
July 20, 2022 Filing 9 Motion to Dismiss for Failure to State a Claim by Michael Gerke, The Chief of Police of the Odessa Police Department, in his individual and official capacity, The City of Odessa, Texas, Unnamed Police Officers, in their individual and official capacities. (Attachments: #1 Proposed Order). Motions referred to Judge Ronald C. Griffin. (Jones, Daniel)
July 20, 2022 Filing 8 Original Answer ANSWER to #1 Complaint, . Attorney Daniel Christopher Jones added to party Michael Gerke, The Chief of Police of the Odessa Police Department, in his individual and official capacity(pty:dft), Attorney Daniel Christopher Jones added to party The City of Odessa, Texas(pty:dft), Attorney Daniel Christopher Jones added to party Unnamed Police Officers, in their individual and official capacities(pty:dft) by Michael Gerke, The Chief of Police of the Odessa Police Department, in his individual and official capacity, The City of Odessa, Texas, Unnamed Police Officers, in their individual and official capacities.(Jones, Daniel)
July 20, 2022 Filing 7 SUMMONS Returned Executed by JAI Dining Services (Odessa), Inc.. Michael Gerke, The Chief of Police of the Odessa Police Department, in his individual and official capacity served on 7/18/2022, answer due 8/8/2022. (Wallace, Casey)
July 20, 2022 Filing 6 SUMMONS Returned Executed by JAI Dining Services (Odessa), Inc.. The City of Odessa, Texas served on 7/18/2022, answer due 8/8/2022. (Wallace, Casey)
July 15, 2022 Filing 5 Summons Issued as to Michael Gerke, The Chief of Police of the Odessa Police Department, in his individual and official capacity, The City of Odessa, Texas. (kg)
July 14, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by JAI Dining Services (Odessa), Inc.. to City of Odessa and Michael Gerke, Chief of Police of City of Odessa Police Dept. (Wallace, Casey)
July 14, 2022 Opinion or Order Filing 3 ORDER Setting Hearing on #2 MOTION for Temporary Restraining Order , Preliminary Injunction, and Permanent Injunctive Relief : Motion Hearing set for 7/22/2022 10:00 AM in Midland before Judge David Counts. Signed by Judge David Counts. (kg)
July 14, 2022 Filing 2 MOTION for Temporary Restraining Order , Preliminary Injunction, and Permanent Injunctive Relief by JAI Dining Services (Odessa), Inc.. (Attachments: #1 Exhibit a, #2 Exhibit b, #3 Exhibit c, #4 Proposed Order Granting TRO)(Wallace, Casey)
July 14, 2022 Filing 1 COMPLAINT Plaintiff's Verified Original Complaint and Application for Ex Parte Temporary Restraining Order, Preliminary Injunction and Permanent Injunction Relief ( Filing fee $ 402 receipt number 0542-16257646), filed by JAI Dining Services (Odessa), Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Wallace, Casey)
July 14, 2022 Case assigned to Judge David Counts and Judge Ronald C. Griffin. 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. (jb3)

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Plaintiff: JAI Dining Services (Odessa), Inc.
Represented By: Benjamin Allen
Represented By: William X. King
Represented By: Casey T. Wallace
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Defendant: The City of Odessa, Texas
Represented By: Daniel Christopher Jones
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Defendant: Michael Gerke, The Chief of Police of the Odessa Police Department, in his individual and official capacity
Represented By: Daniel Christopher Jones
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Defendant: Unnamed Police Officers, in their individual and official capacities
Represented By: Daniel Christopher Jones
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