Case: West v. City of Hitchcock

West v. City of Santa Fe

West v. City of Santa Fe, Texas

West v. City of Santa Fe

West v. City of Santa Fe

West v. Santa Fe

U.S. Department of Justice

American Civil Liberties Union

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-17467807) filed by George West, Brady Fuller, Robert Jones. (Attachments: # 1 Civil Cover Sheet)(Trigilio, Trisha) (Entered: 11/03/2016)

1 Civil Cover Sheet

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MOTION to Certify Class by Brady Fuller, Robert Jones, George West, filed. Motion Docket Date 11/25/2016. (Attachments: # 1 Proposed Order, # 2 Appendix Exhibit List, # 3 Exhibit A: Municipal Court Website Excerpts, # 4 Exhibit B: Capias Pro Fine Warrants, # 5 Exhibit C: Emails About Feeding Prisoners, # 6 Exhibit D: Municipal Court Statistical Report, # 7 Exhibit E: Jail Booking List Excerpts, # 8 Exhibit F: Municipal Court Responses to Open Records Requests, # 9 Exhibit G: Capias Pro Fine Warrant List, # 10 Exhibit H: Decl. of Rebecca Robertson, # 11 Exhibit I: Decl. of Trisha Trigilio, # 12 Exhibit J: U.S. Census Quickfacts on Galveston County)(Trigilio, Trisha) (Entered: 11/03/2016)

1 Proposed Order

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2 Appendix Exhibit List

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3 Exhibit A: Municipal Court Website Excerpts

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4 Exhibit B: Capias Pro Fine Warrants

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5 Exhibit C: Emails About Feeding Prisoners

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6 Exhibit D: Municipal Court Statistical Report

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7 Exhibit E: Jail Booking List Excerpts

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8 Exhibit F: Municipal Court Responses to Open Records Requests

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9 Exhibit G: Capias Pro Fine Warrant List

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10 Exhibit H: Decl. of Rebecca Robertson

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11 Exhibit I: Decl. of Trisha Trigilio

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12 Exhibit J: U.S. Census Quickfacts on Galveston County

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Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons request for Municipal Judge Carlton Getty, # 2 Summons request for Police Chief Jeffrey Powell)(Trigilio, Trisha) (Entered: 11/03/2016)

1 Summons request for Municipal Judge Carlton Getty

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2 Summons request for Police Chief Jeffrey Powell

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Summons Not Issued as to City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell due to these deficiencies: Name/Address of Plaintiff Attorney or Plaintff not present. Attorney or Plaintiff notified of deficiencies by NEF, filed.(agould, 3)

Order for Initial Conference - FORM

Summons Issued/Not Issued

DOCKETED IN ERROR - INCORRECT DATE FOR INITIAL CONFERENCE - SEE DE 5 . Parties notified.(dwilkerson, 3) Modified on 11/4/2016 (dwilkerson, 3). (Entered: 11/04/2016)

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/10/2017 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3) (Entered: 11/04/2016)

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons request for Municipal Judge Carlton Getty, # 2 Summons request for Police Chief Jeffrey Powell)(Trigilio, Trisha) (Entered: 11/07/2016)

1 Summons request for Municipal Judge Carlton Getty

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2 Summons request for Police Chief Jeffrey Powell

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NOTICE of Appearance by Rebecca L. Robertson on behalf of Brady Fuller, Robert Jones, George West, filed. (Robertson, Rebecca) (Entered: 11/07/2016)

Summons Issued as to City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell. Issued summons returned to plaintiff by: First-class mail, filed.(agould, 3)

Summons Issued/Not Issued

CERTIFICATE OF INTERESTED PARTIES by Brady Fuller, Robert Jones, George West, filed.(Trigilio, Trisha) (Entered: 11/17/2016)

RETURN of Service of SUMMONS Executed as to City of Santa Fe, Texas served on 11/22/2016, answer due 12/13/2016, filed.(Robertson, Rebecca) (Entered: 11/28/2016)

RETURN of Service of SUMMONS Executed as to Jeffrey Powell served on 11/23/2016, answer due 12/14/2016, filed.(Robertson, Rebecca) (Entered: 11/28/2016)

REQUEST for pre-motion conference re: 1 Complaint, filed.(Giles, Norman) (Entered: 12/13/2016)

RESPONSE to Defendants' request for pre-motion conference, filed by Brady Fuller, Robert Jones, George West. (Trigilio, Trisha) (Entered: 12/19/2016)

RETURN of Service of SUMMONS Executed as to Carlton Getty served on 12/14/2016, answer due 1/4/2017, filed.(Robertson, Rebecca) (Entered: 12/23/2016)

NOTICE of Setting as to 11 REQUEST for pre-motion conference re: 1 Complaint. Parties notified. Pre-Motion Conference set for 1/11/2017 at 02:45 PM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line ten minutes prior to the scheduled hearing at 409-763-7801.***This line will be open 10 minutes prior to the hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a land line. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, FOR CLARITY OF THE RECORD, PLEASE STATE YOUR NAME WHEN RESPONDING TO THE COURT. *** (dperez, 3) (Entered: 12/30/2016)

Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 1/11/2017 The Court defers ruling on Motion to Certify Class until ruling on 12(b)(6)motion to Dismiss, 12(b)(6) Motion to Dismiss to be filed by January 20, 2017, ( Responses due by 2/10/2017., Replies due by 2/17/2017). Appearances: Norman Ray Giles, Rebecca L Robertson, Trisha Trigilio.(Digital # 2:57 - 3:14)(ERO:Donna Wilkerson), filed.(agould, 3) (Entered: 01/11/2017)

Opposed MOTION to Dismiss by City of Santa Fe, Texas, filed. Motion Docket Date 2/10/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order)(Giles, Norman) . (Entered: 01/20/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Proposed Order

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JOINT DISCOVERY/CASE MANAGEMENT PLAN by Brady Fuller, Robert Jones, George West, filed.(Trigilio, Trisha) (Entered: 01/31/2017)

NOTICE of Resetting. Parties notified. Initial Conference reset for 2/10/2017 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (ltrevino, 3) (Entered: 02/08/2017)

RESPONSE in Opposition to 16 Opposed MOTION to Dismiss, filed by Brady Fuller, Robert Jones, George West. (Trigilio, Trisha) (Entered: 02/10/2017)

** DOCKETED IN ERROR ** Minute Entry incorrect, disregard. See DE 21 for correct Minute Entry, filed.(dwilkerson, 3) Modified on 2/13/2017 (dwilkerson, 3). (Entered: 02/13/2017)

Minute Entry for proceedings held before Magistrate Judge John R Froeschner. SCHEDULING CONFERENCE held on 2/10/2017. Appearances:William Helfand, by telephone; Trisha Trigilio. Initial Conference held. No docket control order to be issued. Order to follow. Court Time: 9:35 - 9:38; 10:14 - 10:22. (ERO:Dana Perez), filed.(dwilkerson, 3) (Entered: 02/13/2017)

ORDER re Docket Control Order. No Docket Control Order issued following Initial Conference of 2/10/2017 for reasons set out in the record and in Order.(Signed by Magistrate Judge John R Froeschner) Parties notified.(dwilkerson, 3) (Entered: 02/13/2017)

Scheduling Conference

REPLY in Support of 16 Opposed MOTION to Dismiss, filed by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell. (Helfand, William) (Entered: 02/16/2017)

MOTION to Deem Defendants' New Arguments Waived by Brady Fuller, Robert Jones, George West, filed. Motion Docket Date 3/17/2017. (Attachments: # 1 Proposed Order Deeming New Arguments Waived, # 2 Exhibit A, in the alternative, Plaintiffs' Proposed Surreply)(Trigilio, Trisha). (Entered: 02/24/2017)

1 Proposed Order Deeming New Arguments Waived

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2 Exhibit A, in the alternative, Plaintiffs' Proposed Surreply

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RESPONSE in Opposition to 24 MOTION to Deem Defendants' New Arguments Waived, filed by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell. (Giles, Norman) (Entered: 03/03/2017)

REPLY in Support of 16 Opposed MOTION to Dismiss, filed by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell. (Giles, Norman) (Entered: 03/09/2017)

Opposed MOTION for Protective Order by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell, filed. Motion Docket Date 4/13/2017. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Proposed Order Proposed Order)(Giles, Norman) . (Entered: 03/23/2017)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Proposed Order Proposed Order

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RESPONSE in Opposition to 27 Opposed MOTION for Protective Order, filed by Brady Fuller, Robert Jones, George West. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 04/06/2017)

1 Proposed Order

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MOTION for Rebecca L. Robertson to Withdraw as Attorney by Brady Fuller, Robert Jones, George West, filed. Motion Docket Date 6/21/2017. (Robertson, Rebecca) (Entered: 05/31/2017)

ORDER granting 29 Motion to Withdraw as Attorney. Attorney Rebecca L Robertson terminated.(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) (Entered: 06/15/2017)

NOTICE of Setting. Parties notified. Status Conference set for 9/15/2017 at 05:00 PM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line at 409-763-7801 ten minutes prior to the scheduled hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a landline. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, for clarity of the record, please state your name when responding to the Court. (ltrevino, 3) (Entered: 09/14/2017)

NOTICE of Resetting. Parties notified. Status Conference set for 9/18/2017 at 08:00 AM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line at 409-763-7801 ten minutes prior to the scheduled hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a land line. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, for clarity of the record, please state your name when responding to the Court. (SusanGram, 3) (Entered: 09/15/2017)

NOTICE of Setting. Parties notified. Status Conference set for 10/12/2017 at 08:00 AM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line at 409-763-7801 ten minutes prior to the scheduled hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a land line. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, for clarity of the record, please state your name when responding to the Court. (SusanGram, 3) (Entered: 09/18/2017)

Minute Entry for proceedings held before Judge George C Hanks, Jr. STATUS CONFERENCE held on 9/18/2017. This case is administratively closed until October 12, 2017. Status Conference set for 10/12/2017 at 08:00 AM in Sixth Floor Courtroom before Judge George C Hanks Jr Appearances: William Scott Helfand by telephone, Trisha Trigilio by telephone.(ERO:Andy Gould), filed.(agould, 3) (Entered: 09/18/2017)

ORDER denying 2 MOTION to Certify Class (Telephonic Status Conference set for 10/12/2017 at 08:00 AM by telephone before Judge George C Hanks Jr), Case terminated on 9/18/17(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) (Entered: 09/19/2017)

AO 435 TRANSCRIPT REQUEST by Trisha Trigilio for Transcript of Status Conference on 9/18/17 before Judge Hanks. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Digital Scroll Transcription Services, filed. (Trigilio, Trisha) ELECTRONICALLY FORWARDED TO DIGITAL SCROLL 10/10/2017 (agould, 3). (Entered: 10/06/2017)

[CHANGE AS TO TIME ONLY] NOTICE of Resetting. Parties notified. Status Conference set for 10/12/2017 at 08:30 AM in by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) Modified on 10/11/2017 (SusanGram, 3). (Entered: 10/11/2017)

NOTICE of Dismissal as to Robert Jones by Robert Jones, filed. (Trigilio, Trisha) (Entered: 10/11/2017)

TRANSCRIPT re: Status Conference (Telephonically) held on 9/18/2017 before Judge George C Hanks, Jr. Court Reporter/Transcriber Digital Scroll Transcription. Ordering Party Trisha Trigilio Release of Transcript Restriction set for 1/10/2018., filed. (lgriffin, ) (Entered: 10/12/2017)

Minute Entry for proceedings held before Judge George C Hanks, Jr. STATUS CONFERENCE held on 10/13/2017.Plaintiff to file an Amended Complaint by October 23, 2017 at 5:00 AM. Defendant to supplement its Motion to Dismiss, if necessary, by October 30, 2017 at 5:00 AM. Plaintiffs response to Defendants Motion to Dismiss to be filed by November 10, 2017 at 5:00 AM. Appearances: Norman Ray Giles, Trisha Trigilio.(Digital # 9:12 - 9:34)(ERO:Dana Perez), filed.(lusmith, 3) (Entered: 10/13/2017)

AO 435 TRANSCRIPT REQUEST by Trisha Trigilio for Transcript of 10/12/17. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Digital Scroll Transcription Services, filed. (Trigilio, Trisha) ELECTRONICALLY FORWARDED TO DIGITAL SCROLL TRANSCRIPTION 10/17/2017. (agould, 3). (Entered: 10/16/2017)

TRANSCRIPT re: Status Conference by Telephone held on 10/12/2017 before Judge George C Hanks, Jr. Court Reporter/Transcriber Digital Scroll Transcription. Ordering Party Trisha Trigilio Release of Transcript Restriction set for 1/16/2018., filed. (lgriffin, ) (Entered: 10/18/2017)

First AMENDED COMPLAINT with Jury Demand against City of Santa Fe, Texas, City of Hitchcock, Texas filed by George West, Brady Fuller.(Trigilio, Trisha) (Entered: 10/23/2017)

Agreed MOTION for Extension of Time To File Defendants' Supplement to Motion to Dismiss Plaintiffs' Claims by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell, filed. Motion Docket Date 11/17/2017. (Attachments: # 1 Proposed Order)(Giles, Norman) (Entered: 10/27/2017)

1 Proposed Order

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SUPPLEMENT to 16 Opposed MOTION to Dismiss by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Giles, Norman) (Entered: 10/30/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Proposed Order

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ANSWER to 43 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by City of Santa Fe, Texas, filed.(Giles, Norman) (Entered: 11/02/2017)

ORDER granting 44 Motion for Extension of Time. The deadline for Defendants to file the Supplement to their previously-filed motion to dismiss is extended to November 1, 2017.The deadline for Plaintiffs to file their Response to Defendants Supplement is extended to November 13, 2017.(Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 3) (Entered: 11/08/2017)

Supplemental RESPONSE in Opposition to 16 Opposed MOTION to Dismiss, filed by Brady Fuller, George West. (Trigilio, Trisha) (Entered: 11/13/2017)

Request for Issuance of Summons as to City of Hitchcock, Texas, filed.(Trigilio, Trisha) (Entered: 01/17/2018)

Summons Issued as to City of Hitchcock, Texas. Issued summons delivered to plaintiff by First-class mail, filed.(agould, 3)

Summons Issued/Not Issued

RETURN of Service of SUMMONS Executed as to City of Hitchcock, Texas served on 1/19/2018, answer due 2/9/2018, filed.(Trigilio, Trisha) (Entered: 01/23/2018)

REQUEST for pre-motion conference, filed.(Giles, Norman) (Entered: 02/09/2018)

RESPONSE to 51 REQUEST for pre-motion conference, filed by George West. (Trigilio, Trisha) (Entered: 02/14/2018)

ORDER denying as moot 51 Request for Pre-Motion Conference. Defendant City of Hitchcock is hereby instructed to file its proposed motion to dismiss within 10 days of the issuance of this Order.(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) (Entered: 02/14/2018)

Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc. by City of Hitchcock, Texas, filed. Motion Docket Date 3/7/2018. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit Court Records Affidavit, # 11 Proposed Order)(Helfand, William) (Entered: 02/14/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit Court Records Affidavit

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11 Proposed Order

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RESPONSE in Opposition to 54 Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc., filed by George West. (Trigilio, Trisha) (Entered: 03/07/2018)

REPLY to Response to 54 Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc., filed by City of Hitchcock, Texas. (Helfand, William) (Entered: 03/19/2018)

NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 54 Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc., filed. (jegonzalez, 3) (Entered: 06/01/2018)

NOTICE of Setting as to 54 Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc. . Parties notified. Motion Hearing set for 7/11/2018 at 10:00 AM in the 7th Floor Courtroom before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 06/18/2018)

Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Motion hearing held on July 11, 2018. The Court heard arguments on the City of Hitchcock's Motion to Dismiss [Dkt. 54] and the motion is taken under advisement. The parties will provide a 2-3 page letter by the close of business Wednesday, July 18, 2018, on how O Donnell impacts this case. Appearances: Trisha Trigilio and Andre Segura for the plaintiffs and Norman Ray Giles for the defendant City of Hitchcock. (ERO:Yes), filed. (wbostic, 4)

NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 16 Opposed MOTION to Dismiss, filed. (jegonzalez, 3) (Entered: 07/17/2018)

NOTICE of Setting as to 16 Opposed MOTION to Dismiss . Parties notified. Status Conference set for 7/18/2018 at 02:30 PM in by telephone before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 07/17/2018)

Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Status conference held on July 18, 2018. The parties discussed the Motion to Dismiss [Dkt. 16] filed by the City of Santa Fe and it will be taken under advisement. Appearances: Trisha Trigilio and Andre Segura for the plaintiffs and Norman Ray Giles for the defendant City of Santa Fe, Texas. (ERO:Yes), filed. (wbostic, 4)

Letter Brief Regarding ODonnell's Impact on Case by City of Hitchcock, Texas, City of Santa Fe, Texas, filed.(Giles, Norman) (Entered: 07/18/2018)

SUPPLEMENT to Motion Hearing,, by George West, filed.(Trigilio, Trisha) (Entered: 07/18/2018)

Corrected SUPPLEMENT to Motion Hearing,, by George West, filed.(Trigilio, Trisha) (Entered: 07/18/2018)

NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 24 MOTION to Deem Defendants' New Arguments Waived, 27 Opposed MOTION for Protective Order, filed. (jegonzalez, 3) (Entered: 07/20/2018)

ORDER denying 24 Motion to Deem Defendants' New Arguments Waived. The Court grants Plaintiffs leave to file Plaintiffs' Surreply in Opposition to Defendants' Motion to Dismiss attached as Exhibit A to Plaintiffs' Motion. Plaintiffs must file the Surreply by Thursday, July 26, 2018. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) (Entered: 07/24/2018)

NOTICE of Appearance by Andre Segura on behalf of Brady Fuller, Robert Jones, George West, filed. (Segura, Andre) (Entered: 07/26/2018)

SURREPLY to 16 Opposed MOTION to Dismiss, filed by Brady Fuller. (Attachments: # 1 Surreply)(Trigilio, Trisha) (Entered: 07/26/2018)

1 Surreply

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MEMORANDUM AND RECOMMENDATION entered. The Court RECOMMENDS that the Defendant City of Hitchcock's Opposed Motion to Dismiss 54 and Defendants' Opposed Motion to Dismiss Plaintiffs' Claims 16 be DENIED. Objections to M&R due by 8/30/2018. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4)

ORDER denying as moot 27 Motion for Protective Order. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) (Entered: 08/22/2018)

OBJECTIONS to 68 Memorandum and Recommendations, filed by City of Hitchcock, Texas. (Attachments: # 1 Proposed Order)(Giles, Norman) (Entered: 08/30/2018)

1 Proposed Order

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OBJECTIONS to 68 Memorandum and Recommendations, filed by City of Santa Fe, Texas. (Attachments: # 1 Proposed Order)(Giles, Norman) (Entered: 08/30/2018)

1 Proposed Order

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OBJECTIONS to 69 Order on Motion for Protective Order, filed by City of Hitchcock, Texas, City of Santa Fe, Texas. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Giles, Norman) (Entered: 09/05/2018)

1 Exhibit 1

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2 Proposed Order

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RESPONSE to 70 Objections to Memorandum and Recommendations, filed by George West. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 09/13/2018)

1 Proposed Order

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RESPONSE to 71 Objections to Memorandum and Recommendations, filed by Brady Fuller. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 09/13/2018)

1 Proposed Order

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REPLY to 73 Response, filed by City of Hitchcock, Texas. (Giles, Norman) (Entered: 09/19/2018)

REPLY to 74 Response, filed by City of Santa Fe, Texas. (Giles, Norman) (Entered: 09/19/2018)

RESPONSE to 72 Objections to Magistrate Judge's denial of protective order, filed by Brady Fuller. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 09/19/2018)

1 Proposed Order

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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND SEVERING CASES re: DENYING 54 Opposed MOTION to Dismiss and DENYING 16 Opposed MOTION to Dismiss. (Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3)

NOTICE of Setting. Parties notified. Motion Hearing on 27 Opposed MOTION for Protective Order set for 9/24/2018 at 11:00 AM by telephone before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 09/21/2018)

***The Hearing Scheduled for 9/24/2018 at 11:00 AM is CANCELLED*** (wbostic, 4)

ORDER Overruled 72 Objections (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) (Entered: 09/26/2018)

ANSWER to 43 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by City of Hitchcock, Texas, filed.(Giles, Norman) (Entered: 10/02/2018)

Opposed PROPOSED ORDER (Docket Control Order), filed.(Giles, Norman) (Entered: 10/09/2018)

Opposed PROPOSED ORDER : Docket Control Order, filed.(Trigilio, Trisha) (Entered: 10/09/2018)

NOTICE of Setting as to 83 Proposed Order, 82 Proposed Order. Parties notified. Scheduling Conference set for 11/6/2018 at 11:15 AM in by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) (Entered: 10/31/2018)

NOTICE of Joint Proposed Docket Control Order by George West, filed. (Trigilio, Trisha) (Entered: 11/06/2018)

Minute Entry for proceedings held before Judge George C Hanks, Jr. SCHEDULING CONFERENCE held on 11/6/2018. At the hearing, the following rulings At the hearing, the following rulings were made as stated on the record:1. Telephonic scheduling conference held as to, a. Defendants Opposed Proposed Docket Control Order (Dkt 82 ); and b. Plaintiffs Opposed Proposed Docket Control Order (Dkt 83 ). 2. Dkt 82 and 83 are DENIED. 3. The Parties are to e-file a joint proposed Docket Control Order by Wednesday, November 7, 2018, at 9:00 AM which will include the following dates: a. December 6, 2018 Amend Pleadings; b. December 6, 2018 Add Parties; c. December 31,2018 Motion to Certify Class; d.June 20,2019 at 9:30 AM Docket Call. Appearances: Norman Ray Giles, Trisha Trigilio.(Digital # 11:13am-11:26am)(ERO:Andy Gould), filed.(ltrevino, 3) (Entered: 11/07/2018)

***Set/Reset Deadlines: Joint proposed docket control order to be e-filed by November 7,2018 at 9:00a.m. due by 11/7/2018 (ltrevino, 3)

DOCKET CONTROL ORDER. ETT: 3 days. Jury. Amended Pleadings due by 12/6/2018. Joinder of Parties due by 12/6/2018. Motion to Certify Class due by 12/31/20118. Pltf Expert Witness List due by 2/28/2019. Pltf Expert Report due by 2/28/2019. Deft Expert Witness List due by 3/28/2019. Deft Expert Report due by 3/28/2019. Discovery due by 4/18/2019. Dispositive Motion Filing due by 4/30/2019. Non-Dispositive Motion Filing due by 5/31/2019. Joint Pretrial Order and Motions in Limine due by 5/31/2019. Docket Call set for 6/20/2019 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr. Case is subject to being called to trial on short notice during the months of June/July 2019. (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) (Entered: 11/08/2018)

***Set/Reset Deadlines: Motion to Certify Class due by 12/31/2018 (ltrevino, 3)