Case: Booth v. Galveston County

3:18-cv-00104 | U.S. District Court for the Southern District of Texas

Filed Date: April 8, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 8, 2018, a prisoner in Galveston County Jail filed this class action in U.S. District Court for the Southern District of Texas. The case was assigned to Judge George C. Hanks, Jr. Represented by the ACLU of Texas and private counsel, the plaintiffs sued Galveston County and various Galveston County officials under 42 U.S.C. § 1983. The plaintiff alleged that Galveston County’s bail policies—especially the practice of setting a high minimum bail and failing to appoint defense counsel fo…

On April 8, 2018, a prisoner in Galveston County Jail filed this class action in U.S. District Court for the Southern District of Texas. The case was assigned to Judge George C. Hanks, Jr. Represented by the ACLU of Texas and private counsel, the plaintiffs sued Galveston County and various Galveston County officials under 42 U.S.C. § 1983. The plaintiff alleged that Galveston County’s bail policies—especially the practice of setting a high minimum bail and failing to appoint defense counsel for arrestees’ bail hearings—favored wealthy arrestees over poorer arrestees and violated poor arrestees’ rights under the Sixth and Fourteenth Amendments to the United States Constitution. The plaintiff sought declaratory and injunctive relief.

On the same day the initial complaint was filed, the plaintiff filed for class certification. The putative class would encompass all people who are or would be detained in Galveston County Jail because they were unable to pay secured bail set at magistration.

The plaintiffs filed an amended complaint on May 4, 2018, to join a second incarcerated person as a named plaintiff. The same day, the plaintiffs also filed an amended motion for class certification to reflect the added plaintiff.

On June 8, 2018, the defendant parties filed separate motions to dismiss. First, Galveston County moved the court to dismiss for failure to state a claim, arguing that the County did not make policy to detain individuals without inquiring into their ability to pay and that the County did not set a bail schedule. Second, the District Court Judges also filed a motion to dismiss for failure to state a claim and lack of subject-matter jurisdiction. They argued that plaintiffs lacked standing and that the claims against them in their individual capacities should be dismissed due to their inability to administer relief. Third, the Magistrate Judges filed a motion to dismiss for failure to state a claim, alleging that they did not create the policy; that § 1983 was not the proper vehicle for challenging state court detention release procedures under Fifth Circuit precedent; and that the plaintiffs had no viable Sixth or Fourteenth Amendment claims. Fourth, the District Attorney filed a motion to dismiss for failure to state a claim under immunity grounds. He alleged that he did not set bail or make bail recommendations in misdemeanor cases, and that one of the named plaintiffs lacked standing because he received bond.

On September 9, the District Judges filed a second motion to dismiss for lack of subject-matter jurisdiction. They alleged that one of the named plaintiff’s claims were moot because his criminal case concluded. Further, they argued that the Eleventh Amendment barred the plaintiff’s claims and that he could not file under Ex Parte Young. Regarding relief, the District Judges reasoned that they did not possess jurisdiction to alter or control bail determinations until after the indictment stage.

In September, the parties began discovery.

On December 10, 2018, Magistrate Judge Andrew Edison entered recommendations regarding the motions to dismiss. On January 10, 2019, Judge George Hanks approved and adopted the Magistrate’s recommendations. The court denied the County’s motion to dismiss for subject-matter jurisdiction, the District Attorneys’ motion to dismiss, and the District Judges’ motion to dismiss for subject-matter jurisdiction. It granted the District Judges’ motion to dismiss regarding the claims against them in their individual capacities. It denied in part and granted in part the defendant magistrates’ motion to dismiss, allowing the magistrates to remain in the case in their personal capacities and only for purposes of declaratory relief. In this order, the court held that the plaintiff’s release from jail did not moot the claim. Second, the County alleged that its changes in policies mooted the case, but Galveston County did not offer evidence to show that new processes were followed uniformly or consistently applied. The court also held that Younger abstention did not apply in light of Fifth Circuit precedent, O’Donnell v. Harris County. It rejected the argument that a writ of habeaus corpus offered the sole federal remedy. While the District Attorney contended that sovereign, prosecutorial, and qualified immunity protected him from the claims, the court applied Ex Parte Young, rejecting this argument because the claims were for prospective relief, not damages. Finally, the plaintiffs sufficiently alleged the § 1983 claim establishing the District Court Judges’ liability and the District Attorney’s policymaker role in setting the bail practices. 352 F. Supp. 3d 718.

On January 17, 2019, the plaintiffs filed requests for a preliminary injunction. The first request included propositions that the County must amend its bail setting procedures. The second required the County to provide defense counsel for any person arrested for a felony unable to retain counsel, who would represent arrestee at any hearing concerning pretrial release. On August 7, the Magistrate recommended that the court deny the first and grant the second motion, which Judge Hanks adopted and approved on September 11, 2019. 2019 WL 4305457. The court denied the first because the County had begun reforms to its bail system to bring it into compliance with O’Donnell. The County modeled its new bail policy on the suggested preliminary injunction in that case. With the changes, the magistrate would possess financial information about the individual. Also, for those unable to afford bail review, the court would schedule an individualized bail review hearing within 48 hours after the initial appearance.

The second motion for preliminary injunction sought an order requiring the County to provide counsel at initial bail hearings for indigent arrestees charged with felonies. The court held that this initial bail hearing constituted a “critical stage” of the criminal proceedings, thus affording the arrestees a Sixth Amendment right to counsel. The injunction required that Galveston County provide any indigent felony arrestee with counsel to represent the arrestee at the initial hearing concerning conditions of pretrial release. 2019 WL 3714455. Subsequent to the preliminary injunction order, the District Court Judges, the District Attorney and the County appealed to the Fifth Circuit (USCA No. 19−40785).

On February 15, 2019, the plaintiffs and the District Court Judge defendants filed motions for respective proposed findings of fact and conclusions of law.

On March 12, 2019, the Magistrate recommended that the court grant class certification. Two weeks later, on March 28, Judge Hanks adopted the Magistrate Judge’s memorandum and recommendations granting the motion for class certification under Rule 23(b)(2) for injunctive relief. The class included “all people who are or will be detained in Galveston County Jail on felony and state-jail felony charges because they are unable to pay secured bail set at magistration.” 2019 WL 1129492. As a result, the District Court Judges, the District Attorney, the County, and the Magistrates each filed a notice of appeal to the Fifth Circuit Court of Appeals (USCA No. 19−40395) at the end of April and the beginning of May. Further, on April 12 and April 23, 2019, the parties filed second proposed findings of fact and conclusions on the preliminary injunction.

On July 16, 2019, the court granted a motion to suspend deadlines until the Fifth Circuit addressed the appeals. Two months later, the case was reassigned to Judge Jeffrey Brown.

On December 3, 2019, the court granted a motion to stay all deadlines and discovery until the Fifth Circuit ruled on the appeal of class certification, and denied the plaintiff's motion to amend their complaint. 

Fifth Circuit Developments

The Fifth Circuit has docketed two appeals on this case. The appeal on the class certification issue was docketed on April 26, 2019 (USCA No. 19−40395), and briefing was completed on October 3, 2019. 

The preliminary injunction appeal was docketed on September 18, 2019 (USCA No. 19−40785). The parties and amici, several criminal justice organizations and progressive district attorneys, completed briefing in March 2020. Oral argument was heard on August 4, 2020 before Circuit Judges Carl E. Stewart, Edith Brown Clement, and Gregg Costa. 

The Fifth Circuit has not issued an opinion on either appeal. The case is ongoing as of March 13, 2022. 

Summary Authors

Rebecca Strauss (6/7/2018)

Lily Sawyer-Kaplan (10/30/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6439655/parties/booth-v-galveston-county/


Judge(s)

Edison, Andrew M (Texas)

Hanks, George Carol Jr. (Texas)

Attorneys(s) for Plaintiff

Bergman, Andrew D. (Texas)

Buskey, Brandon (New York)

Carter, Twyla (New York)

Cohn, Kali Alanna (Texas)

McCollum, Josh (Texas)

Mytelka, Andrew J. (Texas)

Odell, Christopher M. (Texas)

Pinon, Adriana (Texas)

Judge(s)

Edison, Andrew M (Texas)

Hanks, George Carol Jr. (Texas)

Attorneys(s) for Plaintiff

Bergman, Andrew D. (Texas)

Buskey, Brandon (New York)

Carter, Twyla (New York)

Cohn, Kali Alanna (Texas)

McCollum, Josh (Texas)

Mytelka, Andrew J. (Texas)

Odell, Christopher M. (Texas)

Pinon, Adriana (Texas)

Segura, Andre (Texas)

Sibiski, Hannah DeMarco (Texas)

Trigilio, Trisha (Texas)

Trigilio [DUP], Trisha (Texas)

Attorneys(s) for Defendant

Biggs, Adam Arthur (Texas)

Boemer, Robert Barron (Texas)

Di Troia, Francesca Andrea (Texas)

Giles, Norman Ray (Texas)

Helfand, William Scott (Texas)

Nixon, Joseph M. (Texas)

Olalde, Angela (Texas)

Poole, Douglas W. (Texas)

Ready, Paul A. (Texas)

Redelman, Joshua Allen (Texas)

Russo, Joseph R. Jr. (Texas)

Stafford, Dominique Gelene (Texas)

Trainor, James Edwin III (Texas)

Varela, Enrique Manuel (Texas)

Vie, George William III (Texas)

Other Attorney(s)

Landon, Emily Marie (Texas)

O'Leary, Leah Jean (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 10, 2019 Docket
1

Complaint

April 8, 2018 Complaint
31

First Amended Complaint

May 4, 2018 Complaint
151

Memorandum Recommendation

Dec. 10, 2018 Order/Opinion
213

Memorandum and Recommendation

2019 WL 1129492

March 12, 2019 Order/Opinion
267

Memorandum and Recommendation

2019 WL 3714455

Aug. 7, 2019 Order/Opinion

Resources

Title Description External URL

Booth v. Galveston County Et Al.

The ACLU of Texas filed a lawsuit on behalf of people locked in Galveston County Jail because they cannot afford to pay bail, challenging the county’s practice of automatically setting money bail to … Sept. 11, 2019 https://www.aclutx.org/en/cases/booth-v-galveston-county-et-al#:~:text=Galveston%20County%20et%20al,-Facebook&text=The%20ACLU%20of%20Texas%20filed,arrested%20for%20misdemeanors%20and%20felonies.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6439655/booth-v-galveston-county/

Last updated May 20, 2022, 4:49 a.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-19868600) filed by Aaron Booth. (Attachments: # 1 Civil Cover Sheet)(Odell, Christopher) (Entered: 04/08/2018)

1 Civil Cover Sheet

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April 8, 2018 RECAP
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MOTION to Certify Class by Aaron Booth, filed. Motion Docket Date 4/30/2018. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Odell, Christopher) (Entered: 04/08/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Proposed Order

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April 8, 2018 PACER
3

MOTION for Leave to File Motion for PI with Excess Pages by Aaron Booth, filed. Motion Docket Date 4/30/2018. (Attachments: # 1 Motion for PI, # 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 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit M-1, # 16 Exhibit M-2, # 17 Exhibit M-3, # 18 Exhibit M-4, # 19 Exhibit M-5, # 20 Exhibit M-6, # 21 Exhibit M-7, # 22 Exhibit M-8, # 23 Exhibit M-9, # 24 Exhibit M-10, # 25 Exhibit N, # 26 Exhibit N-1, # 27 Exhibit O, # 28 Exhibit P, # 29 Exhibit Q, # 30 Exhibit R, # 31 Exhibit S, # 32 Exhibit T, # 33 Proposed Order Motion for PI, # 34 Proposed Order Motion for Leave - Motion for PI)(Odell, Christopher) (Entered: 04/09/2018)

1 Motion for PI

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit M-1

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16 Exhibit M-2

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17 Exhibit M-3

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18 Exhibit M-4

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19 Exhibit M-5

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20 Exhibit M-6

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21 Exhibit M-7

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22 Exhibit M-8

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23 Exhibit M-9

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24 Exhibit M-10

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25 Exhibit N

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26 Exhibit N-1

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27 Exhibit O

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28 Exhibit P

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29 Exhibit Q

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30 Exhibit R

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31 Exhibit S

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32 Exhibit T

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33 Proposed Order Motion for PI

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34 Proposed Order Motion for Leave - Motion for PI

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April 8, 2018 PACER
4

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons - DA, # 2 Summons - Judge Baker, # 3 Summons - Judge Cox, # 4 Summons - Judge Darring, # 5 Summons - Judge Ellisor, # 6 Summons - Judge Ewing, # 7 Summons - Judge Foley, # 8 Summons - Judge P. Grady, # 9 Summons - Judge J. Grady, # 10 Summons - Judge Neves, # 11 Summons - Judge Roberts, # 12 Summons - Judge Slaughter)(Odell, Christopher) (Entered: 04/09/2018)

1 Summons - DA

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2 Summons - Judge Baker

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3 Summons - Judge Cox

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4 Summons - Judge Darring

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5 Summons - Judge Ellisor

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6 Summons - Judge Ewing

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7 Summons - Judge Foley

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8 Summons - Judge P. Grady

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9 Summons - Judge J. Grady

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10 Summons - Judge Neves

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11 Summons - Judge Roberts

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12 Summons - Judge Slaughter

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April 9, 2018 PACER
5

Other EXHIBITS re: 3 MOTION for Leave to File Motion for PI with Excess Pages by Aaron Booth, filed.(Odell, Christopher) (Entered: 04/09/2018)

April 9, 2018 PACER
6

NOTICE of Appearance by Trisha Trigilio on behalf of Aaron Booth, filed. (Odell, Christopher) (Entered: 04/09/2018)

April 9, 2018 PACER
7

NOTICE of Appearance by Andrew Bergman on behalf of Aaron Booth, filed. (Odell, Christopher) (Entered: 04/09/2018)

April 9, 2018 PACER
8

MOTION for Brandon Buskey to Appear Pro Hac Vice by Aaron Booth, filed. Motion Docket Date 4/30/2018. (Odell, Christopher) (Entered: 04/09/2018)

April 9, 2018 PACER
9

Other EXHIBITS re: 3 MOTION for Leave to File Motion for PI with Excess Pages by Aaron Booth, filed.(Odell, Christopher) (Entered: 04/09/2018)

April 9, 2018 PACER
10

MOTION for Andre Segura to Appear Pro Hac Vice by Aaron Booth, filed. Motion Docket Date 4/30/2018. (Trigilio, Trisha) (Entered: 04/09/2018)

April 9, 2018 PACER

Summons Issued as to Mark Baker, Lonnie Cox, Anne B Darring, John Ellisor, Jack Ewing, Kerri Foley, Galveston County, John Grady, Patricia Grady, Kerry Neves, Jack Roady, Barbara Roberts, Michelle Slaughter. Issued summons delivered to plaintiff by First-class mail, filed.(agould, 3)

April 10, 2018 PACER
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ORDER granting 10 Motion for Andre Segura to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) (Entered: 04/13/2018)

April 12, 2018 PACER
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ORDER granting 8 Motion for Brandon J. Buskey to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) (Entered: 04/13/2018)

April 12, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Jack Roady served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
14

WAIVER OF SERVICE Returned Executed as to Galveston County served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Anne B Darring served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Barbara Roberts served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Jack Ewing served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to James Woltz served on 4/11/2018, answer due 6/11/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to John Ellisor served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
20

WAIVER OF SERVICE Returned Executed as to John Grady served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Kerry Neves served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Lonnie Cox served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 RECAP
23

WAIVER OF SERVICE Returned Executed as to Michelle Slaughter served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Patricia Grady served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Mark Baker served on 4/9/2018, answer due 6/8/2018, filed.(Sibiski, Hannah) (Entered: 04/16/2018)

April 16, 2018 PACER
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WAIVER OF SERVICE Returned Executed as to Kerri Foley served on 4/17/2018, answer due 6/18/2018, filed.(Sibiski, Hannah) (Entered: 04/18/2018)

April 18, 2018 PACER
27

NOTICE Amicus Curiae Advisory Regarding Plaintiff's Motion for Preliminary Injunction re: 3 MOTION for Leave to File Motion for PI with Excess Pages by The Office of the Attorney General - Amicus Curiae, filed. (Landon, Emily) (Entered: 04/30/2018)

April 30, 2018 PACER
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ORDER ; Motion-related deadline set re: 3 MOTION for Leave to File Motion for PI with Excess Pages, 2 MOTION to Certify Class Responses due by 5/7/2018.(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) (Entered: 05/01/2018)

May 1, 2018 PACER
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ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/14/2018 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge Andrew M Edison(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3) (Entered: 05/02/2018)

May 2, 2018 PACER
30

Unopposed REQUEST for pre-motion conference, filed. (Attachments: # 1 Proposed Order)(Odell, Christopher) (Entered: 05/03/2018)

1 Proposed Order

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May 3, 2018 PACER
31

First AMENDED COMPLAINT against All Defendants filed by Aaron Booth, Cody Tucker.(Trigilio, Trisha) (Entered: 05/04/2018)

May 4, 2018 RECAP
32

Amended MOTION to Certify Class by Aaron Booth, Cody Tucker, filed. Motion Docket Date 5/25/2018. (Attachments: # 1 Exhibit 1, Segura Declaration, # 2 Exhibit 2, Buskey Declaration, # 3 Exhibit 3, ODell Declaration, # 4 Proposed Order)(Trigilio, Trisha) (Entered: 05/04/2018)

1 Exhibit 1, Segura Declaration

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2 Exhibit 2, Buskey Declaration

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3 Exhibit 3, ODell Declaration

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4 Proposed Order

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May 4, 2018 PACER
33

Supplement to 3 MOTION for Preliminary Injunction by Cody Tucker, filed. Motion Docket Date 5/25/2018. (Attachments: # 1 Exhibit U, Tucker Declaration)(Trigilio, Trisha) (Entered: 05/04/2018)

1 Exhibit U, Tucker Declaration

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May 4, 2018 PACER
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NOTICE of Setting as to 30 Unopposed REQUEST for pre-motion conference. Parties notified. Status Conference set for 5/18/2018 at 11:15 AM in Sixth Floor Courtroom before Judge George C Hanks Jr, filed. (dperez, 3) (Entered: 05/04/2018)

May 4, 2018 PACER
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*CORRECTED* NOTICE of Setting as to 30 Unopposed REQUEST for pre-motion conference. Parties notified. Status Conference set for 5/18/2018 at 11:15 AM in 7th Floor Courtroom before Judge George C Hanks Jr, filed. (ltrevino, 3) (Entered: 05/04/2018)

May 4, 2018 PACER
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ADVISORY by Jack Ewing, Kerri Foley, Galveston County, John Grady, Jack Roady, Barbara Roberts, James Woltz, Stephen W Baker, filed.(Vie, George) (Entered: 05/04/2018)

May 4, 2018 RECAP
37

RESPONSE to 28 Order, filed by The Office of the Attorney General - Amicus Curiae. (O'Leary, Leah) (Entered: 05/07/2018)

May 7, 2018 PACER
38

REPLY in Support of 3 MOTION for Leave to File Motion for PI with Excess Pages, filed by Aaron Booth, Cody Tucker. (Trigilio, Trisha) (Entered: 05/14/2018)

May 14, 2018 PACER
39

CERTIFICATE OF INTERESTED PARTIES by Aaron Booth, Cody Tucker, filed.(Trigilio, Trisha) (Entered: 05/17/2018)

May 17, 2018 PACER
41

Minute Entry for proceedings held before Judge George C Hanks, Jr. STATUS CONFERENCE held on 5/18/2018 granting 3 MOTION for Leave to File Motion for PI with Excess Pages ( Motion Hearing set for 7/9/2018 at 08:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr). Motion for Preliminary Injunction [3.1] is deemed filed. Responses to any motions regarding Class Certification 32, Motion for Preliminary Injunction [3-1], and any dispositive motions must be filed by Friday, June 29, 2018 at 5:00 PM. Replies to be filed by Friday, July 6, 2018 at 5:00 PM. A hearing on all pending motions to be set for Monday, July 9, 2018, at 8:30. The required pre-motion conference is suspended and Motions to Dismiss may be filed without further permission from the Court. The Court GRANTS permission to extend the page limitation for motions to 50 pages. The Court GRANTS permission to extend the page limitation for replies to 25 pages. Any party wishing to file a sur-reply must file a motion requesting permission of the Court to do so. Appearances:Hanah Sibiski. Douglas W Poole, Christopher Mohr Odell, Trisha Trigilio, Andre Ivan Segura, George William Vie, III, Joseph M Nixon, Andrew J Mytelka, Leah Jean O'Leary, Emily Marie Landon.(Digital # 11:12AM - 11:25AM)(ERO:Andy Gould), filed.(agould, 3) (Entered: 05/23/2018)

May 18, 2018 PACER
40

NOTICE of Appearance by Hannah Sibiski on behalf of Aaron Booth, Cody Tucker, filed. (Odell, Christopher) (Entered: 05/21/2018)

May 21, 2018 PACER
42

NOTICE of Setting as to 41 Motion Hearing. Parties notified. Motion Hearing set for 7/9/2018 at 08:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr, filed. (SusanGram, 3) (Entered: 06/04/2018)

June 4, 2018 PACER
43

MOTION for Twyla Carter to Appear Pro Hac Vice by Aaron Booth, filed. Motion Docket Date 6/26/2018. (Sibiski, Hannah) (Entered: 06/05/2018)

June 5, 2018 PACER
44

MOTION to Dismiss All Claims Pursuant to Rule 12(b)(6) by Galveston County, filed. Motion Docket Date 6/29/2018. (Nixon, Joseph) (Entered: 06/08/2018)

June 8, 2018 PACER
45

Amended MOTION to Dismiss All Claims Pursuant to Rule 12(b)(6) by Galveston County, filed. Motion Docket Date 6/29/2018. (Nixon, Joseph) (Entered: 06/08/2018)

June 8, 2018 PACER
46

MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6) and Brief in Support ( Motion Docket Date 6/29/2018.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Stephen W Baker, Kerri Foley, James Woltz, filed. (Attachments: # 1 Proposed Order Order)(Poole, Douglas) (Entered: 06/08/2018)

1 Proposed Order Order

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June 8, 2018 RECAP
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MOTION to Dismiss by Lonnie Cox, Anne B Darring, John Ellisor, Patricia Grady, Kerry Neves, Michelle Slaughter, filed. Motion Docket Date 6/29/2018. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Biggs, Adam) (Entered: 06/08/2018)

1 Exhibit

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2 Proposed Order

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June 8, 2018 PACER
48

MOTION to Dismiss 31 Amended Complaint/Counterclaim/Crossclaim etc. by Jack Roady, filed. Motion Docket Date 6/29/2018. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Proposed Order)(Mytelka, Andrew) (Entered: 06/08/2018)

1 Exhibit 1

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2 Exhibit 1-A

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3 Exhibit 1-B

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4 Proposed Order

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June 8, 2018 PACER
49

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss 31 Amended Complaint/Counterclaim/Crossclaim etc. ( Motion Docket Date 6/29/2018.) by Jack Ewing, John Grady, Barbara Roberts, filed. (Attachments: # 1 Proposed Order)(Vie, George) (Entered: 06/08/2018)

1 Proposed Order

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June 8, 2018 PACER
50

ORDER granting 43 Motion for Twyla Carter to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) (Entered: 06/11/2018)

June 8, 2018 PACER
51

CERTIFICATE OF INTERESTED PARTIES by Lonnie Cox, Anne B Darring, John Ellisor, Patricia Grady, Kerry Neves, Michelle Slaughter, filed.(O'Leary, Leah) (Entered: 06/15/2018)

June 15, 2018 PACER
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CERTIFICATE OF INTERESTED PARTIES by Jack Ewing, John Grady, Barbara Roberts, filed.(Vie, George) (Entered: 06/17/2018)

June 17, 2018 PACER
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CERTIFICATE OF INTERESTED PARTIES by Jack Roady, filed.(Mytelka, Andrew) (Entered: 06/18/2018)

June 18, 2018 PACER
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CERTIFICATE OF INTERESTED PARTIES by Stephen W Baker, Kerri Foley, James Woltz, filed.(Poole, Douglas) (Entered: 06/18/2018)

June 18, 2018 PACER
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CERTIFICATE OF INTERESTED PARTIES by Galveston County, filed.(Nixon, Joseph) (Entered: 06/18/2018)

June 18, 2018 PACER
56

MOTION for Continuance of July 9, 2018 hearing by Aaron Booth, Cody Tucker, filed. Motion Docket Date 7/12/2018. (Trigilio, Trisha) (Entered: 06/21/2018)

June 21, 2018 PACER
57

NOTICE Galveston County District Court Judges' Partial Opposition to Plaintiff's Motion for Continuance by Galveston County District Court Judges, filed. (O'Leary, Leah) (Entered: 06/22/2018)

June 22, 2018 PACER
58

NOTICE of Setting re: 56 MOTION for Continuance of July 9, 2018 hearing. Parties notified. Telephone Conference set for 7/3/2018 at 09:00 AM by telephone before Judge George C Hanks Jr, filed. (agould, 3) (Entered: 06/25/2018)

June 25, 2018 PACER
59

Unopposed MOTION for Telephonic Conference regarding response deadlines Conference by Mark Baker, Stephen W Baker, Lonnie Cox, Anne B Darring, John Ellisor, Jack Ewing, Kerri Foley, Galveston County, Galveston County District Court Judges, John Grady, Patricia Grady, Kerry Neves, Jack Roady, Barbara Roberts, Michelle Slaughter, The Office of the Attorney General - Amicus Curiae, James Woltz, filed. Motion Docket Date 7/16/2018. (Mytelka, Andrew) (Entered: 06/25/2018)

June 25, 2018 PACER
60

[**DOCKETED IN ERROR - SEE DKT 61 **] NOTICE of Resetting as to 56 MOTION for Continuance of July 9, 2018 hearing. Parties notified. Motion Hearing set for 6/28/2018 at 03:30 PM in by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) Modified on 6/26/2018 (SusanGram, 3). Modified on 6/26/2018 (SusanGram, 3). (Entered: 06/26/2018)

June 26, 2018 PACER
61

NOTICE of Resetting as to 56 MOTION for Continuance of July 9, 2018 hearing, 60 Notice of Resetting,. Parties notified. Motion Hearing set for 7/9/2018 at 08:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr, filed. (SusanGram, 3) (Entered: 06/26/2018)

June 26, 2018 PACER
62

NOTICE of Resetting as to 58 Notice of Setting. Parties notified. Telephone Conference set for 6/28/2018 at 03:30 PM by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) (Entered: 06/26/2018)

June 26, 2018 PACER
63

NOTICE of Appearance by Bryan R. Lasswell on behalf of Stephen W Baker, Kerri Foley, James Woltz, filed. (Poole, Douglas) (Entered: 06/28/2018)

June 28, 2018 PACER
66

Minute Entry for proceedings held before Judge George C Hanks, Jr. TELEPHONE CONFERENCE held on 6/28/2018 re 59 Unopposed MOTION for Telephonic Conference regarding response deadlines Conference. Dkt 56 is GRANTED as to extending deadlines. The new deadlines are as follows: Hearing on all pending motions is rescheduled to October 12, 2018 at 9:00 AM; Preliminary witness list is due July 13, 2018; Motions to Dismiss are due 21 days prior to October 12, 2018; Responses to the preliminary injunction and all motions are due 21 days prior to October 12, 2018; Replies to the responses are due 11 days prior to October 12, 2018; Final witness lists and stipulations are due 7 days prior to October 12, 2018; Plaintiffs will file one combined response to the various Motions to Dismiss filed by the Defendants. Plaintiffs combined response to the motions to dismiss will be limited to 100 pages. The parties are to agree on a deadline for filing expert reports and submit that date to the Court by Friday, June 29, 2018, at 5:00. Motion Hearing set for 10/12/2018 at 09:00 AM in Sixth Floor Courtroom before Judge George C Hanks Jr). Appearances:Chris Odell; Trisha Trigilio; Kali Cohn; twyla Carter; Andrew Bergman; James Trainor; Joseph Nixon; Bob Boemer; Adam Biggs; Leah O'Leary; George vie; Douglas Poole; Bryan Lasswell; Andrew Mytelka; Angie Olalde.(Digital # 3:54 - 4:04)(ERO:Andy Gould), filed.(dwilkerson, 3) (Entered: 06/29/2018)

June 28, 2018 PACER
70

CORRECTED Minute Entry for proceedings held before Judge George C Hanks, Jr. Telephone conference held regarding the following scheduling matters: a. Plaintiffs Motion for Continuance of July 9, 2018 hearing (Dkt 56 ); and b. Unopposed Motion for Telephonic Conference regarding response deadlines (Dkt 59 ). Dkt 56 is GRANTED as to extending deadlines. The new deadlines are as follows: a. Hearing on all pending motions is rescheduled to October 12, 2018 at 9:00 AM b. Preliminary witness list is due July 13, 2018. c. Responses to Motions to Dismiss are due 21 days prior to October 12, 2018. d. Responses to the preliminary injunction and all motions are due 21 days prior to October 12, 2018. e. Replies to the responses are due 11 days prior to October 12, 2018. f. Final witness lists and stipulations are due 7 days prior to October 12, 2018. Plaintiffs will file one combined response to the various Motions to Dismiss filed by the Defendants. Plaintiffs combined response to the motions to dismiss will be limited to 100 pages. The parties are to agree on a deadline for filing expert reports and submit that date to the Court by Friday, June 29, 2018, at 5:00 PM. Appearances:Chris Odell, Trisha Trigilio, Kali Cohn, Twyla Carter, Andrew Bergman, James Trainor, Joseph Nixon, Bob Boemer, Adam Biggs, Leah OLeary, George Vie, Douglas Poole, Bryan Lasswell, Andrew Mytelka, Angie Olalde(Digital # 3:54 - 4:04)(ERO:Andy Gould), filed.(dperez, 3) (Entered: 07/12/2018)

June 28, 2018 PACER
64

NOTICE of Appearance by Angie Olalde on behalf of Jack Roady, filed. (Olalde, Angela) (Entered: 06/29/2018)

June 29, 2018 PACER
65

NOTICE of Appearance by Joseph R. Russo, Jr. on behalf of Jack Roady, filed. (Russo, Joseph) (Entered: 06/29/2018)

June 29, 2018 PACER
67

NOTICE of Appearance by Robert B. Boemer on behalf of Galveston County, filed. (Boemer, Robert) (Entered: 06/29/2018)

June 29, 2018 PACER
68

Unopposed MOTION for Entry of Order re: Setting Deadlines for Filing Expert Reports by Aaron Booth, Cody Tucker, filed. Motion Docket Date 7/20/2018. (Attachments: # 1 Proposed Order)(Cohn, Kali) (Entered: 06/29/2018)

1 Proposed Order

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June 29, 2018 PACER
69

ORDER granting 68 Unopposed MOTION for Entry of Order re: Setting Deadlines for Filing Expert Reports (Plaintiffs' Expert Reports due by 7/13/2018. Defendants' Expert Reports due by 8/27/2018)(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) (Entered: 07/02/2018)

July 2, 2018 PACER
71

Witness List by Aaron Booth, Cody Tucker(Sibiski, Hannah) (Entered: 07/13/2018)

July 13, 2018 PACER
72

Expert Report of 1 by Aaron Booth, Cody Tucker, filed. (Attachments: # 1 Exhibit Expert Report of Stephen Demuth, Ph.D., # 2 Exhibit Curriculum Vitae of Stephen Demuth, Ph.D., # 3 Exhibit Expert Report of Michael R. Jones, Ph.D., # 4 Exhibit Curriculum Vitae of Michael R. Jones, Ph.D.)(Sibiski, Hannah) (Entered: 07/13/2018)

1 Exhibit Expert Report of Stephen Demuth, Ph.D.

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2 Exhibit Curriculum Vitae of Stephen Demuth, Ph.D.

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3 Exhibit Expert Report of Michael R. Jones, Ph.D.

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4 Exhibit Curriculum Vitae of Michael R. Jones, Ph.D.

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July 13, 2018 PACER
73

Witness List by Jack Roady(Olalde, Angela) (Entered: 07/13/2018)

July 13, 2018 PACER
74

Witness List by Galveston County District Court Judges(O'Leary, Leah) (Entered: 07/13/2018)

July 13, 2018 PACER
75

Witness List by Stephen W Baker(Lasswell, Bryan) (Entered: 07/13/2018)

July 13, 2018 PACER
76

INITIAL DISCLOSURES by Galveston County District Court Judges, filed.(Nixon, Joseph) (Entered: 07/13/2018)

July 13, 2018 PACER
77

First Witness List by Jack Ewing, John Grady, Barbara Roberts(Vie, George) (Entered: 07/13/2018)

July 13, 2018 PACER
78

SUPPLEMENT to 72 Expert Report, by Aaron Booth, filed.(Sibiski, Hannah) (Entered: 07/19/2018)

July 19, 2018 PACER
79

SUPPLEMENT to 48 MOTION to Dismiss 31 Amended Complaint/Counterclaim/Crossclaim etc. by Jack Roady, filed. (Attachments: # 1 Exhibit 2, # 2 Exhibit 2-A, # 3 Proposed Order)(Olalde, Angela) (Entered: 07/24/2018)

1 Exhibit 2

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2 Exhibit 2-A

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3 Proposed Order

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July 24, 2018 PACER
80

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Aaron Booth, Cody Tucker, filed.(Odell, Christopher) (Entered: 08/04/2018)

Aug. 4, 2018 PACER
81

NOTICE of Change of Address by George W. Vie III, counsel for Jack Ewing, John Grady, Barbara Roberts, filed. (Vie, George) (Entered: 08/12/2018)

Aug. 12, 2018 PACER
82

NOTICE OF SERVICE of Mandatory Initial Discovery Responses by Stephen W Baker, Kerri Foley, James Woltz, filed. (Poole, Douglas) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
83

NOTICE of Service of Initial Disclosures by Jack Roady, filed. (Mytelka, Andrew) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
84

INITIAL DISCLOSURES by Galveston County, filed.(Nixon, Joseph) (Entered: 08/14/2018)

Aug. 14, 2018 PACER

Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Initial conference held on August 14, 2018. The court and parties conferred and the court set out a schedule for the case. The scheduling order will be entered separately. Appearances: Chris Odell, Hannah Sibiski, Tricia Trigilio, Andre Segura for the plaintiffs; Doug Poole, Angie Olalde, Adam Arthur Biggs, George Vie, Joseph M. Nixon, Andrew Mytelka, and Paul Ready for the defendants. (ERO:Yes), filed. (wbostic, 4)

Aug. 14, 2018 PACER
85

AO 435 TRANSCRIPT REQUEST by Hannah Sibiski for Transcript of Initial Pretrial and Scheduling Conference on 8/14/2018 at 9:30 a.m. before Magistrate Judge Andrew M. Edison. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Digital Scroll Transcription Services, filed. (Sibiski, Hannah) ELECTRONICALLY FORWARDED TO EXCEPTIONAL REPORTING SERVICES 8/15/2018. (agould, 3). (Entered: 08/15/2018)

Aug. 15, 2018 PACER
86

SCHEDULING ORDER entered. ETT: 10 Days. Bench Trial. Amended Pleadings due by 8/14/2018. Joinder of Parties due by 8/14/2018. Pltf Expert Report due by 6/7/2019. Deft Expert Report due by 7/19/2019. Discovery due by 8/23/2019. Dispositive Motion Filing due by 9/6/2019. Non-Dispositive Motion Filing due by 10/4/2019. Joint Pretrial Order due by 10/21/2019. Docket Call set for 11/1/2019 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) (Entered: 08/15/2018)

Aug. 15, 2018 PACER
87

TRANSCRIPT re: INITIAL CONFERENCE held on 8/14/18 before Magistrate Judge Andrew M Edison. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party HANNAH SIBISKI Release of Transcript Restriction set for 11/19/2018., filed. (thudson, ) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
88

Notice of Filing of Official Transcript as to 87 Transcript. Party notified, filed. (lusmith, 3) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
89

Agreed MOTION for Protective Order by Aaron Booth, Cody Tucker, filed. Motion Docket Date 9/11/2018. (Attachments: # 1 Exhibit 1)(Odell, Christopher) (Entered: 08/21/2018)

1 Exhibit 1

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Aug. 21, 2018 PACER
90

NOTICE of Appearance by Enrique M. Varela on behalf of Lonnie Cox, Anne B Darring, John Ellisor, Patricia Grady, Kerry Neves, Michelle Slaughter, filed. (Biggs, Adam) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
91

NOTICE of Appearance by Dominique G. Stafford on behalf of Lonnie Cox, Anne B Darring, John Ellisor, Patricia Grady, Kerry Neves, Michelle Slaughter, filed. (Biggs, Adam) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
92

NOTICE of Appearance by Francesca A. Di Troia on behalf of Lonnie Cox, Anne B Darring, John Ellisor, Patricia Grady, Kerry Neves, Michelle Slaughter, filed. (Biggs, Adam) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
93

NOTICE of Dismissal as to Jack Ewing, John Grady, Barbara Roberts by Aaron Booth, Cody Tucker, filed. (Trigilio, Trisha) (Entered: 09/07/2018)

Sept. 7, 2018 PACER
94

Second MOTION to Dismiss for Lack of Subject-Matter Jurisdiction by Lonnie Cox, Anne B Darring, John Ellisor, Patricia Grady, Kerry Neves, Michelle Slaughter, filed. Motion Docket Date 10/1/2018. (Attachments: # 1 Appendix, # 2 Proposed Order)(Biggs, Adam) (Entered: 09/09/2018)

1 Appendix

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2 Proposed Order

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Sept. 9, 2018 PACER
95

ORDER OF DISMISSAL re 93 Notice of Dismissal. Plaintiff Cody Tucker's claims against all Defendants are DISMISSED without prejudice. Plaintiff Aaron Booth's claims against Defendants Judges John Grady, Barbara Roberts and Jack Ewing are DISMISSED with prejudice. Barbara Roberts, Cody Tucker, Jack Ewing and John Grady terminated.(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3) (Entered: 09/12/2018)

Sept. 12, 2018 PACER
96

MOTION for Conference by Aaron Booth, filed. Motion Docket Date 10/5/2018. (Attachments: # 1 Exhibit A)(Odell, Christopher) (Entered: 09/14/2018)

1 Exhibit A

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Sept. 14, 2018 PACER
97

NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 96 MOTION for Conference, filed. (jegonzalez, 3) (Entered: 09/20/2018)

Sept. 20, 2018 PACER
98

NOTICE of Setting as to 96 MOTION for Conference. Parties notified. Motion Hearing set for 9/24/2018 at 01:00 PM in the 7th Floor Courtroom before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 09/20/2018)

Sept. 20, 2018 PACER

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: April 8, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All people who are or will be detained in Galveston County Jail on felony and state-jail felony charges because they are unable to pay secured bail set at magistration.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Galveston County District Court Judges (Galveston), County

Galveston County Magistrates (Galveston), County

Galveston County (Galveston), County

Galveston County Court at Law Judges (Galveston), County

Galveston County District Attorney (Galveston), County

Galveston County (Galveston), County

Galveston County District Attorney (Galveston), County

Galveston County District Judges (Galveston), County

Galveston County Magistrate Judges (Galveston), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Conditions of confinement

Disparate Impact

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Pattern or Practice

Placement in detention facilities

Poverty/homelessness