Case: U.S. v. City of Beaumont, Texas

COMPLAINT against City of Beaumont, Texas, filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons(es))(Lockhart, Michael) (Entered: 05/26/2015)

1 Civil Cover Sheet

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2 Summons(es)

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SUMMONS Issued as to City of Beaumont, Texas and emailed to plaintiff's atty for service (aam, ) (Entered: 05/27/2015)

Notice of Magistrate Availability

Case Assigned/Reassigned

SUMMONS Returned Executed by United States of America. City of Beaumont, Texas served on 6/10/2015, answer due 7/1/2015. (tkd, ) (Entered: 06/18/2015)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re City of Beaumont, Texas.( McKamie, William) (Entered: 07/01/2015)

Application Granted for Extension of Time to Answer Complaint

MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) by City of Beaumont, Texas. (McKamie, William) (Additional attachment(s) added on 7/23/2015: # 1 Proposed Order) (tkd, ). (Entered: 07/17/2015)

1 Proposed Order

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Unopposed MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Entered: 07/20/2015)

ORDER GOVERNING PROCEEDINGS. Rule 26(f) attorney conference must occur by 8/10/15. Rule 16 Management/Scheduling Conference set for 10/14/2015 at 9:00 AM in Ctrm 2 (Beaumont) before Judge Ron Clark. Signed by Judge Ron Clark on 7/20/15. (tkd, ) (Entered: 07/21/2015)

ORDER granting 6 Motion for Extension of Time to File Response to 5 MOTION to Dismiss; responses due by 8/17/2015. Signed by Judge Ron Clark on 7/21/15. (tkd, ) (Entered: 07/21/2015)

MOTION for Leave to Intervene by Alissa Humphrey, Laura Odom, Todd Hicks. (McGreal, Christopher) (Additional attachment(s) added on 8/6/2015: # 1 Proposed Order) (tkd, ). Modified on 9/2/2015 (tkd, ). (Entered: 08/05/2015)

1 Proposed Order

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RESPONSE in Opposition re 5 MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) filed by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Additional attachment(s) added on 8/17/2015: # 2 Revised Proposed Order) (bjc, ). (Entered: 08/17/2015)

1 Text of Proposed Order

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2 Revised Proposed Order

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Additional Attachments to Main Document: Declaration of Max Lapertosa to 10 Response in Opposition to Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Lapertosa, Max) (Entered: 08/17/2015)

Additional Attachments to Main Document: Exhibit F to 10 Response in opposition to motion. (Bryant, Aurora) Modified on 8/17/2015 (bjc, ). (Entered: 08/17/2015)

RESPONSE to Motion re 9 MOTION for Leave to File to Intervene filed by City of Beaumont, Texas. (McKamie, William) (Additional attachment(s) added on 8/20/2015: # 1 Text of Proposed Order) (bjc, ). (Entered: 08/19/2015)

***FILED IN ERROR. PLEASE IGNORE.*** RESPONSE to Motion re 9 MOTION for Leave to File to Intervene PROPOSED ORDER filed by City of Beaumont, Texas. (McKamie, William) Modified on 8/20/2015 (bjc, ). (Entered: 08/19/2015)

Unopposed MOTION for Extension of Time to File Reply to United States' response in opposition to Defendant's 5 motion to dismiss by City of Beaumont, Texas. (Attachments: # 1 Text of Proposed Order)(McKamie, William) (Entered: 08/20/2015)

Notice of Docket Correction

ORDER granting 15 Motion for extension of time to file a reply to pltf's opposition to 5 Motion to Dismiss; reply due by 8/31/2015. Signed by Judge Ron Clark on 8/24/15. (tkd, ) (Entered: 08/24/2015)

REPLY to Response to Motion re 9 MOTION for Leave to File to Intervene filed by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Entered: 08/25/2015)

Unopposed MOTION for Leave to Exceed Page Limit for Petitioners' Reply in Support of Motion to Intervene by Todd Hicks, Alissa Humphrey, Laura Odom. (Attachments: # 1 Proposed Order)(McGreal, Christopher) Modified on 8/26/2015 (tkd, ). (Entered: 08/25/2015)

REPLY to Response to Motion re 9 MOTION for Leave to File to Intervene filed by Todd Hicks, Alissa Humphrey, Laura Odom. (McGreal, Christopher) (Entered: 08/25/2015)

Unopposed Amended MOTION for Extension of Time to File Reply to Response to 5 Motion to Dismiss by City of Beaumont, Texas. (Attachments: # 1 Proposed Order)(McKamie, William) Modified on 9/1/2015 (tkd, ). (Entered: 08/31/2015)

Unopposed MOTION for Extension of Time to File Sur-Reply as to 9 MOTION for Leave to Intervene by City of Beaumont, Texas. (Attachments: # 1 Proposed Order)(McKamie, William) Modified on 9/2/2015 (tkd, ). (Entered: 09/01/2015)

ORDER granting 20 Motion for Extension of Time to File Reply re 5 MOTION to Dismiss; reply due by 9/4/2015. Signed by Judge Ron Clark on 9/1/15. (tkd, ) (Entered: 09/02/2015)

ORDER granting 21 Motion for Extension of Time. Ordered that Defendant shall have until September 8, 2015 to file its sur-reply. Signed by Judge Ron Clark on 9/2/2015. (bjc, ) (Entered: 09/03/2015)

REPLY in Support of 5 MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) filed by City of Beaumont, Texas. (McKamie, William) Modified on 9/8/2015 (tkd, ). (Entered: 09/04/2015)

SUR-REPLY to Reply to Response to Motion re 9 MOTION for Leave to Intervene filed by City of Beaumont, Texas. (McKamie, William) (Entered: 09/08/2015)

SUR-REPLY to Reply to Response to Motion re 5 MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) filed by United States of America. (Lapertosa, Max) (Entered: 09/11/2015)

REPORT of Rule 26(f) Planning Meeting. (Bryant, Aurora) (Entered: 09/14/2015)

NOTICE of Discovery Disclosure by United States of America re: Rule 26(a)(1) Disclosures (Lapertosa, Max) (Entered: 09/24/2015)

ORDER REFERRING CASE to Magistrate Judge Zack Hawthorn. Signed by Judge Ron Clark on 10/2/2015. (bjc, ) (Entered: 10/02/2015)

Notice of Hearing

Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Scheduling Conference held on 10/14/2015. (FTR Op: Piper, T.) (ttp, ) (Entered: 10/14/2015)

SCHEDULING ORDER setting various deadlines. Final Pretrial Conference set for 6/23/2016 at 9:00 AM. Jury Selection/Trial set for 7/11/2016 at 9:00 AM. Signed by Magistrate Judge Zack Hawthorn on 10/15/15. (tkd, ) (Entered: 10/16/2015)

REPORT AND RECOMMENDATION that 5 Motion to Dismiss under FRCP 12(b)(6)&(7) should be denied. The govt is ordered to send notice to the TX Attorney General that this case represents a question regarding the constitutionality of TX law pursuant to FRCP 5.1 by 11/10/2015 at 4:00 pm. The Clerk is ordered to certify the constitutional question presented in this case to the TX Attorney General pursuant to FRCP 5.1(b) by sending a copy of this Report & Recommendation by certified mail return receipt requested to the TX Attorney General at the address listed herein. Signed by Magistrate Judge Zack Hawthorn on 11/3/15. CC: TX Atty Gen(tkd, ) (Entered: 11/03/2015)

CERTIFICATE of Service of Notice to the Texas Attorney General Pursuant to FRCP 5.1 by United States of America re 32 Report and Recommendations,, (Attachments: # 1 Exhibit Fed. R. Civ. P. 5.1 Notice)(Lapertosa, Max) Modified on 11/6/2015 (tkd, ). (Entered: 11/06/2015)

Certified Mail GREEN CARD showing receipt of 32 Report and Recommendation by the Office of the Attorney General on 11/6/15. (tkd, ) (Entered: 11/09/2015)

OBJECTION to 32 Report and Recommendations by City of Beaumont, Texas. (McKamie, William) (Entered: 11/17/2015)

Unopposed MOTION for Extension of Time to File Response/Reply as to 35 Objection to Report and Recommendations by United States of America. (Attachments: # 1 Text of Proposed Order)(Bryant, Aurora) (Entered: 11/23/2015)

Order on Motion for Extension of Time to File Response/Reply

ORDER granting 9 Motion for Leave to intervene. Signed by Magistrate Judge Zack Hawthorn on 11/24/2015. (bjc, ) (Entered: 11/25/2015)

Intervenor COMPLAINT, filed by Todd Hicks, Alissa Humphrey, Laura Odom.(tkd, ) (Entered: 12/04/2015)

Order on Motion for Leave to File

First Amended INTERVENOR COMPLAINT against All Defendants, filed by Todd Hicks, Alissa Humphrey, Laura Odom.(McGreal, Christopher) Modified on 12/7/2015 (tkd, ). (Entered: 12/04/2015)

RESPONSE to 35 Objection to Report and Recommendations filed by United States of America. (Bryant, Aurora) (Entered: 12/08/2015)

NOTICE of Acknowledgement of Receipt by United States of America re 33 Notice (Other), 32 Report and Recommendations (Attachments: # 1 Appendix Acknowledgment of Receipt of Certified Mail)(Lapertosa, Max) Modified on 12/16/2015 (tkd, ). (Entered: 12/15/2015)

Rule 12(b) MOTION to Dismiss Complaint in Intervention by City of Beaumont, Texas. Responses due by 12/28/2015 (Attachments: # 1 Text of Proposed Order)(McKamie, William) Clerk's Note: Please ignore response deadline in this entry. Modified on 12/29/2015 (tkd, ). (Entered: 12/28/2015)

Notice of Hearing

NOTICE of Attorney Appearance by Elise Sandra Shore on behalf of United States of America (Shore, Elise) (Entered: 01/06/2016)

NOTICE of Attorney Appearance by Abigail Adrienne Nurse on behalf of United States of America (Nurse, Abigail) (Entered: 01/06/2016)

***FILED IN ERROR. PLEASE IGNORE.*** Opposed MOTION to Stay Briefing on Response to Defendant City of Beaumont's Motion to Dismiss Intervenors' Complaint by Todd Hicks, Alissa Humphrey, Laura Odom. (Attachments: # 1 Text of Proposed Order)(McGreal, Christopher) Modified on 1/7/2016 (bjc, ). (Entered: 01/07/2016)

Unopposed MOTION for Extension of Time to File Response to 42 Rule 12(b) MOTION to Dismiss Complaint in Intervention, alternatively Opposed MOTION to Stay Briefing on their Response to Defendant City of Beaumont's Motion to Dismiss Intervenors' Complaint by Todd Hicks, Alissa Humphrey, Laura Odom. (Attachments: # 1 Text of Proposed Order)(McGreal, Christopher) (Entered: 01/07/2016)

Notice of Docket Correction

Order on Motion for Extension of Time to File Response/Reply

ORDER overruling objections and adopting 32 Report and Recommendation. Deft's 5 Motion to Dismiss is denied. Signed by Judge Ron Clark on 1/14/16. (tkd, )

Joint MOTION to Amend/Correct 31 Scheduling Order by United States of America. (Attachments: # 1 Text of Proposed Order)(Shore, Elise) (Additional attachment(s) added on 1/21/2016: # 2 Revised Proposed Order) (tkd, ). (Entered: 01/20/2016)

AMENDED SCHEDULING ORDER resetting various deadlines. Final Pretrial Conference reset for 9/29/2016 at 9:00 AM. Jury Selection/Trial reset for 10/3/2016 at 9:00 AM. Signed by Magistrate Judge Zack Hawthorn on 1/22/16. (tkd, ) (Entered: 01/25/2016)

Order on Motion to Amend/Correct

ORIGINAL ANSWER to 1 Complaint by City of Beaumont, Texas.(McKamie, William) Modified on 1/28/2016 (tkd, ). (Entered: 01/27/2016)

RESPONSE in Opposition re 42 Rule 12(b) MOTION to Dismiss Complaint in Intervention filed by Todd Hicks, Alissa Humphrey, Laura Odom. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(McGreal, Christopher) (Entered: 01/28/2016)

AMENDED ANSWER to 1 Complaint by City of Beaumont, Texas. (McKamie, William) (Entered: 01/28/2016)

NOTICE of Attorney Appearance by Christopher Patrick McGreal on behalf of Todd Hicks, Alissa Humphrey, Laura Odom (McGreal, Christopher) (Entered: 01/29/2016)

NOTICE of Attorney Appearance by Rachel Beth Cohen-Miller on behalf of Todd Hicks, Alissa Humphrey, Laura Odom (Cohen-Miller, Rachel) (Entered: 02/01/2016)

REPLY to Response to Motion re 42 Rule 12(b) MOTION to Dismiss Complaint in Intervention filed by City of Beaumont, Texas. (McKamie, William) (Entered: 02/05/2016)

Opposed MOTION for Protective Order by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, Aug. 25 2015 email, # 3 Exhibit B, Sept. 17, 2015 email, # 4 Exhibit C, Sept. 17 & 18 emails, # 5 Exhibit D, Sept. 28, 2015 email, # 6 Exhibit E, Oct. 2, 2015 emails, # 7 Exhibit F, Oct. 27, 2015 email, # 8 Exhibit G, Oct. 30, 2015 emails, # 9 Exhibit H, Nov. 6 & Dec. 1, 2015 emails, # 10 Exhibit I, Unopposed Protective Order, Wilson v. Bobbitt, 1:15-cv-284, # 11 Exhibit J, Stipulated Protective Orders, US v. Forth Worth, 4:15-cv-304 (N.D. Tex.), US v. City of Satsuma, 1:03-cv-242 (S.D. Ala.))(Shore, Elise) Modified on 2/9/2016 (tkd, ). (Entered: 02/08/2016)

ORDER Shortening Response Time. Deft is directed to respond to 56 Motion for Protective Order by 4:00 pm on 2/11/2016. Signed by Magistrate Judge Zack Hawthorn on 2/9/16. (tkd, ) (Entered: 02/09/2016)

FILING ERROR. Attorney refiled as doc #59.RESPONSE in Opposition re 56 Opposed MOTION for Protective Order filed by City of Beaumont, Texas. (McKamie, William) Modified on 2/12/2016 (tkd, ). (Entered: 02/11/2016)

RESPONSE in Opposition re 56 Opposed MOTION for Protective Order filed by City of Beaumont, Texas. (Attachments: # 1 Text of Proposed Order)(McKamie, William) (Entered: 02/11/2016)

REPLY in Support re 56 Opposed MOTION for Protective Order filed by United States of America. (Attachments: # 1 Exhibit 1)(Shore, Elise) Modified on 2/18/2016 (tkd, ). (Entered: 02/18/2016)

THIRD PARTY COMPLAINT against State Of Texas, filed by City of Beaumont, Texas. (Attachments: # 1 Summons)(McKamie, William) Modified on 2/22/2016 (tkd, ). (Entered: 02/19/2016)

ORDER granting 56 Motion for Protective Order. Signed by Magistrate Judge Zack Hawthorn on 2/19/2016. (bjc, ) (Entered: 02/19/2016)

THIRD PARTY SUMMONS Issued as to State Of Texas and emailed to Defendant, Third-Party Plaintiff's atty for service. (aam, ) (Entered: 02/22/2016)

MOTION to Compel by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 E-Gov Sealed Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 E-Gov Sealed Exhibit Q, # 19 Exhibit R)(Nurse, Abigail) Modified on 2/22/2016 (tkd, ). (Additional attachment(s) added on 2/23/2016: # 20 Exhibit H - Redacted, # 21 Exhibit Q - Redacted) (tkd, ). (Entered: 02/22/2016)

MOTION to Substitute Redacted Exhibits re 64 MOTION to Compel by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit H Redacted, # 3 Exhibit Q Redacted)(Nurse, Abigail) Modified on 2/23/2016 (tkd, ). (Entered: 02/22/2016)

ORDER shortening the time to respond and setting a hearing on 64 Motion to Compel Responses to Discovery. Deft is ordered to respond by 4:00 pm on 3/2/16. Motion Hearing set for 3/10/2016 at 9:00 AM in Ctrm 4 (Beaumont) before Magistrate Judge Zack Hawthorn. Signed by Magistrate Judge Zack Hawthorn on 2/23/16. (tkd, ) (Entered: 02/23/2016)

Order on Motion to Amend/Correct

NOTICE of Hearing: Mediation Conference set for 3/28/2016 at 10:00 AM and if needed on 3/29/2016 in Ctrm 6 (Beaumont) before Magistrate Judge Keith F. Giblin. The parties are directed to submit their position statement directly to the mediator at 300 Willow, Suite 118, Beaumont, Texas, 77701 or e~mail to sherre_white@txed.uscourts.gov on or before March 15, 2016. (saw, ) (Entered: 02/25/2016)

MOTION for Protective Order on the Depositions of Danny Daniels, John Beatty, Mitchell Normand, Anna Varela, Adina Ward, Lois Balka, Bonnie Simean, Jill Cobabe and Jack Maddox by City of Beaumont, Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(McKamie, William) Modified on 2/26/2016 (tkd, ). (Entered: 02/25/2016)

FILED IN ERROR. Please ignore. MOTION to Strike 61 Third Party Complaint by United States of America. Responses due by 3/14/2016 (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) Modified on 2/29/2016 (tkd, ). (Entered: 02/26/2016)

MOTION to Strike 61 Third Party Complaint by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Entered: 02/29/2016)

Notice of Docket Correction

RESPONSE in Opposition re 68 MOTION for Protective Order filed by United States of America. (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Text of Proposed Order, # 20 Text of Proposed Order Alternative)(Bryant, Aurora) (Additional attachment(s) added on 3/1/2016: # 21 Revised Proposed Order, # 22 Revised Alternative Proposed Order) (tkd, ). (Entered: 03/01/2016)

MOTION to Withdraw 68 MOTION for Protective Order by City of Beaumont, Texas. (Attachments: # 1 Proposed Order)(McKamie, William) Modified on 3/2/2016 (tkd, ). (Entered: 03/01/2016)

Joint MOTION to Amend/Correct 49 Scheduling Order by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Entered: 03/01/2016)

Order on Motion to Amend/Correct

Order on Motion to Withdraw

RESPONSE to Motion re 64 MOTION to Compel filed by City of Beaumont, Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McKamie, William) Modified on 3/3/2016 (tkd, ). (Additional attachment(s) added on 3/3/2016: # 4 Proposed Order) (tkd, )Clerk's note: Please ignore the "Request for Extension" included with this response. It must be filed separately. Modified on 3/3/2016 (tkd, ). (Entered: 03/02/2016)

PROTECTIVE ORDER. Signed by Magistrate Judge Zack Hawthorn on 3/3/16. (tkd, ) (Entered: 03/03/2016)

Notice of Docket Correction

REPLY to Response to Motion re 64 MOTION to Compel filed by United States of America. (Attachments: # 1 Exhibit A, Defendant's Interrogatories)(Nurse, Abigail) (Entered: 03/07/2016)

MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Compel by City of Beaumont, Texas. (Attachments: # 1 Proposed Order)(McKamie, William) (Entered: 03/07/2016)

Return of Service Executed as to Third-party Defendant State Of Texas by serving the Texas Secretary of State and the Office of the Governor of the State of Texas on 2/19/16. (tkd, ) (Entered: 03/08/2016)

Order on Motion for Extension of Time to File Response/Reply

MOTION to Dismiss Third Party Action by State Of Texas. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 03/09/2016)

SUR-REPLY to Reply to Response to Motion re 64 MOTION to Compel filed by City of Beaumont, Texas. (McKamie, William) (Entered: 03/09/2016)

Stricken by 84 Order. MOTION for Protective Order on Plaintiff's Interrogatories and Requests for Production by City of Beaumont, Texas. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(McKamie, William) Modified on 3/10/2016 (tkd, ). (Entered: 03/09/2016)

Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Motion Hearing held on 3/10/2016 re 64 MOTION to Compel filed by United States of America, 81 MOTION for Protective Order on Plaintiff's Interrogatories and Requests for Production filed by City of Beaumont, Texas. (Court Reporter FTR-Laurents.) (fal, ) (Entered: 03/10/2016)

ORDER granting in part 64 Motion to Compel. Signed by Magistrate Judge Zack Hawthorn on 3/10/16. (tkd, ) (Entered: 03/10/2016)