Case: DigitalDesk, Inc. v. Bexar County, Texas

Legal Defense Fund

COMPLAINT Verified ( Filing fee $ 402 receipt number ATXWDC-17665558), filed by DigitalDesk, Inc., R. Greg Gomm. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Bustos, Fernando) (Entered: 07/17/2023)

REQUEST FOR ISSUANCE OF SUMMONS by DigitalDesk, Inc., R. Greg Gomm. (Bustos, Fernando) (Entered: 07/17/2023)

Certificate of Interested Parties by DigitalDesk, Inc., R. Greg Gomm. (Bustos, Fernando) (Entered: 07/17/2023)

Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (tm2)

If ordered by the court, all referrals will be assigned to Magistrate Judge farrer (tm2)

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (tm2). Modified no 07/19/2023 to edit text (tm2).

Pro Hac Vice Letter to Richard Essenberg and Daniel Lennington regarding attorney admission to the Western District of Texas. (tm2) (Entered: 07/18/2023)

MOTION to Appear Pro Hac Vice by Fernando Manuel Bustos ( Filing fee $ 100 receipt number ATXWDC-17668264) by on behalf of DigitalDesk, Inc., R. Greg Gomm. (Bustos, Fernando) (Entered: 07/18/2023)

To be Referred to SA Mag Judge

Case Assigned/Reassigned

MOTION to Appear Pro Hac Vice by Fernando Manuel Bustos ( Filing fee $ 100 receipt number ATXWDC-17668409) by on behalf of DigitalDesk, Inc., R. Greg Gomm. (Bustos, Fernando) (Entered: 07/18/2023)

Summons Issued as to Bexar County, Texas, . (mgr) Modified on 7/24/2023, to edit text (mgr). (Entered: 07/18/2023)

STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (bot2) (Entered: 07/19/2023)

ORDER REFERRING CASE to Magistrate Judge Richard B. Farrer and Judge Richard B. Farrer. Signed by Judge Jason K. Pulliam.. Referral Magistrate Judge: Richard B. Farrer. (mgr) (Entered: 07/20/2023)

Order on Motion to Appear Pro Hac Vice

Text Order GRANTING 4 Motion to Appear Pro Hac Vice. It is this Court's policy to require all counsel to apply for admission to the Western District's federal bar and to follow through with the application as a condition of appearance pro hac vice in any case. This Court, however, has made an exception for counsel if their practice in the District is limited to one case and, in limited circumstances, a licensed Western District of Texas attorney is involved in the case as co-counsel. Here, a licensed Western District of Texas attorney has been designated as co-counsel. Therefore, counsel may appear in this case pro hac vice without seeking admission to practice in the Western District of Texas, although counsel is free to seek and is encouraged to seek admission if that is desired. Any future appearance in the Western District of Texas will require that counsel apply for admission and be admitted into this District, unless otherwise ordered by the Court. The Court further ORDERS that counsel must become familiar with the Local Court Rules of the United States District Court for the Western District of Texas, a copy of which may be obtained from the United States District Clerk for the Western District of Texas or from the Court's website. Finally, IT IS FURTHER ORDERED that counsel appearing pro hac vice, pursuant to Section 6 of the Administrative Policies and Procedures for Electronic Filing in Civil and Criminal Cases in the Western District of Texas, must register as a filing user within ten (10) days of this Order. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MClc)

Text Order GRANTING 5 Motion to Appear Pro Hac Vice. It is this Court's policy to require all counsel to apply for admission to the Western District's federal bar and to follow through with the application as a condition of appearance pro hac vice in any case. This Court, however, has made an exception for counsel if their practice in the District is limited to one case and, in limited circumstances, a licensed Western District of Texas attorney is involved in the case as co-counsel. Here, a licensed Western District of Texas attorney has been designated as co-counsel. Therefore, counsel may appear in this case pro hac vice without seeking admission to practice in the Western District of Texas, although counsel is free to seek and is encouraged to seek admission if that is desired. Any future appearance in the Western District of Texas will require that counsel apply for admission and be admitted into this District, unless otherwise ordered by the Court. The Court further ORDERS that counsel must become familiar with the Local Court Rules of the United States District Court for the Western District of Texas, a copy of which may be obtained from the United States District Clerk for the Western District of Texas or from the Court's website. Finally, IT IS FURTHER ORDERED that counsel appearing pro hac vice, pursuant to Section 6 of the Administrative Policies and Procedures for Electronic Filing in Civil and Criminal Cases in the Western District of Texas, must register as a filing user within ten (10) days of this Order. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MClc)

SUMMONS Returned Executed by DigitalDesk, Inc., R. Greg Gomm. Bexar County, Texas served on 7/21/2023, answer due 8/11/2023. (Bustos, Fernando) (Entered: 07/21/2023)

Summons Issued as to LiftFund Inc.. (mgr) (Entered: 07/24/2023)

SUMMONS Returned Executed by DigitalDesk, Inc., R. Greg Gomm. LiftFund Inc. served on 7/25/2023, answer due 8/15/2023. (Bustos, Fernando) (Entered: 07/25/2023)

MOTION for Extension of Time to File Answer by LiftFund Inc.. (Attachments: # 1 Proposed Order for Defendant's Motion for Extension to Answer Plaintiffs Complaint). Motions referred to Judge Richard B. Farrer. (O'Donnell, Michael) (Entered: 08/04/2023)

Order on Motion for Extension of Time to Answer

Text Order GRANTING 13 Unopposed Motion for Extension of Time. Defendant LiftFund Inc. shall have up to and including September 15, 2023, to answer or otherwise respond to Plaintiffs' Complaint. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MClc)

Reset Deadlines: LiftFund Inc. answer due 9/15/2023. (tm2)

Set/Reset Answer Deadline

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Bexar County, Texas. (Attachments: # 1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Piatt, Robert) (Entered: 08/10/2023)

Order on Motion for Extension of Time to Answer

Text Order GRANTING 14 Unopposed Motion for Extension of Time. Defendant Bexar County shall have up to and including September 15, 2023, to answer or otherwise respond to Plaintiffs' Complaint. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MClc)

NOTICE of Attorney Appearance by William Christian on behalf of Bexar County, Texas. Attorney William Christian added to party Bexar County, Texas(pty:dft) (Christian, William) (Entered: 09/14/2023)

MOTION to Dismiss Plaintiffs' Complaint Pursuant to FRCP 12(B)(1) by Bexar County, Texas, LiftFund Inc.. (Attachments: # 1 Exhibit Declaration of L. Spenle with Exhibit 1 (Signed))(Lane, Daniel) (Entered: 09/15/2023)

1 Exhibit Declaration of L. Spenle with Exhibit 1 (Signed)

View on PACER

MOTION to Appear Pro Hac Vice by Fernando Manuel Bustos ( Filing fee $ 100 receipt number ATXWDC-17934744) by on behalf of DigitalDesk, Inc., R. Greg Gomm.. Motions referred to Judge Richard B. Farrer. (Bustos, Fernando) (Entered: 09/29/2023)

Response in Opposition to Motion, filed by DigitalDesk, Inc., R. Greg Gomm, re 16 MOTION to Dismiss Plaintiffs' Complaint Pursuant to FRCP 12(B)(1) filed by Defendant Bexar County, Texas, Defendant LiftFund Inc. (Attachments: # 1 Affidavit Gomm Declaration)(Lennington, Daniel) (Entered: 09/29/2023)

Order on Motion to Appear Pro Hac Vice

Text Order GRANTING Motion for Attorney Skylar Croy to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KGlc)

REPLY to Response to Motion, filed by Bexar County, Texas, LiftFund Inc., re 16 MOTION to Dismiss Plaintiffs' Complaint Pursuant to FRCP 12(B)(1) filed by Defendant Bexar County, Texas, Defendant LiftFund Inc. (Lane, Daniel) (Entered: 10/06/2023)

ORDER REGARDING CERTAIN PRETRIAL MATTERS, ( Scheduling Recommendations/Proposed Scheduling Order due by 11/6/2023,, Pretrial Conference set for 11/16/2023 10:00 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr) (Entered: 10/13/2023)

ORDER RE-SETTING INITIAL PRETRIAL CONFERENCE, ( Scheduling Recommendations/Proposed Scheduling Order due by 11/20/2023,, Initial Pretrial Conference set for 11/29/2023 2:00 PM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr) (Entered: 10/25/2023)

Rule 26(f) Discovery Report/Case Management Plan Joint by Bexar County, Texas. (Christian, William) (Entered: 11/10/2023)

Scheduling Recommendations Agreed by Bexar County, Texas. (Christian, William) (Entered: 11/10/2023)

Minute Entry for proceedings held before Judge Richard B. Farrer: Pretrial Conference held on 11/29/2023 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) (Entered: 11/30/2023)

ORDER IMPOSING STAY AND ADMINISTRATIVE CLOSURE--IT IS THEREFORE ORDERED THAT all proceedings in this case are STAYED pending further order of the Court. Moreover, given the anticipated length of the stay, the Court concludes that this case is appropriate for administrative closure. Signed by Judge Richard B. Farrer. (mgr) (Entered: 12/05/2023)

MOTION to Lift Stay, MOTION for Discovery by DigitalDesk, Inc., R. Greg Gomm.. Motions referred to Judge Richard B. Farrer. (Croy, Skylar) (Entered: 12/08/2023)

RESPONSE to Motion, filed by Bexar County, Texas, LiftFund Inc., re 26 MOTION to Lift Stay MOTION for Discovery filed by Plaintiff DigitalDesk, Inc., Plaintiff R. Greg Gomm (Lane, Daniel) (Entered: 12/15/2023)

REPLY to Response to Motion, filed by DigitalDesk, Inc., R. Greg Gomm, re 26 MOTION to Lift Stay MOTION for Discovery filed by Plaintiff DigitalDesk, Inc., Plaintiff R. Greg Gomm (Lennington, Daniel) (Entered: 12/22/2023)

ORDER SETTING MOTION HEARING re 26 MOTION to Lift Stay MOTION for Discovery filed by DigitalDesk, Inc., R. Greg Gomm, Set Motion Hearing for 26 MOTION to Lift Stay MOTION for Discovery ( Motion Hearing set for 2/14/2024 10:00 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr) (Entered: 01/08/2024)

NOTICE of Vacation for Michael W. O'Donnell by LiftFund Inc. (O'Donnell, Michael) (Entered: 01/17/2024)

NOTICE of Attorney Appearance by Joshua McIntosh Taylor on behalf of LiftFund Inc.. Attorney Joshua McIntosh Taylor added to party LiftFund Inc.(pty:dft) (Taylor, Joshua) (Entered: 01/19/2024)

Unopposed MOTION to appear by teleconferencing technology at the hearing set for February 14, 2024 by DigitalDesk, Inc., R. Greg Gomm. (Attachments: # 1 Proposed Order Granting Plaintiffs' Unopposed Motion to Appear by TeleconferencingTechnology at the Hearing Set for February 14, 2024). Motions referred to Judge Richard B. Farrer. (Croy, Skylar) (Entered: 01/22/2024)

Order on Motion for Miscellaneous Relief

Text Order GRANTING AS UNOPPOSED 32 Plaintiff's Motion to Appear Remotely at the February 14, 2024 hearing. Zoom information will be sent by the Court by separate communication prior to the hearing. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KGlc)

Minute Entry for proceedings held before Judge Richard B. Farrer: Motion Hearing held on 2/14/2024 re 26 MOTION to Lift Stay MOTION for Discovery filed by DigitalDesk, Inc., R. Greg Gomm (Minute entry documents are not available electronically.). (Court Reporter FTR Gold & Zoom.)(mgr) (Entered: 02/14/2024)

Order on Motion for Discovery AND Order on Motion to Lift Stay

Text Order DENYING WITHOUT PREJUDICE 26 Plaintiff's Motion to Lift Stay for the reasons stated on the record at the February 14, 2024 hearing. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KGlc)

MEMORANDUM OPINION AND ORDER GRANTING 16 Motion to Dismiss filed by Bexar County, Texas, LiftFund Inc.. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 05/23/2024)

Case No Longer Referred to Magistrate Judge

FINAL JUDGMENT. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 05/23/2024)

CASE NO LONGER REFERRED to Magistrate Judge Richard B. Farrer. (mgr)

Appeal of Final Judgment 34, 35, by DigitalDesk, Inc., R. Greg Gomm. ( Filing fee $ 605 receipt number ATXWDC-18901466) (Croy, Skylar) (Entered: 06/21/2024)

Notice of Appeal

NOTICE OF APPEAL following 36 Notice of Appeal (E-Filed) by DigitalDesk, Inc.. Filing fee $ 605, receipt number ATXWDC-18901466. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (bt)

COPY of Letter of transmittal from USCA to Mr. Skylar Croy received for 36 Notice of Appeal, filed by DigitalDesk, Inc.***We have docketed the appeal and ask you to use the case number above in future inquiries.*** (dtg) (Entered: 06/28/2024)

TRANSCRIPT REQUEST by DigitalDesk, Inc., R. Greg Gomm for dates of 11/29/2023 AND 2/14/2024. Proceedings Transcribed: FTR GOLD INITIAL PRETRIAL CONFERENCE OF 11/29/2023 AND FTR GOLD HEARING re: MOTION TO LIFT STAY OF 2/14/2024, BOTH HEARINGS BEFORE MAGISTRATE JUDGE RICHARD B. FARRER. Court Reporter: FTR GOLD.***FTR GOLD HEARINGS; TRANSCRIBER ASSIGNED: ANGELA HAILEY.*** (dtg) (Entered: 07/03/2024)

Transcript filed of Proceedings held on 11/29/23, Proceedings Transcribed: Pretrial Conference. Court Reporter/Transcriber: Angela Hailey, Telephone number: 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/16/2024, Redacted Transcript Deadline set for 8/26/2024, Release of Transcript Restriction set for 10/24/2024, Appeal Record due by 8/12/2024, (Hailey, Angela) (Entered: 07/26/2024)

Transcript filed of Proceedings held on 2/14/24, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Angela Hailey, Telephone number: 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/16/2024, Redacted Transcript Deadline set for 8/26/2024, Release of Transcript Restriction set for 10/24/2024, Appeal Record due by 8/12/2024, (Hailey, Angela) (Entered: 07/26/2024)

Appeal Record Accepted and Available Electronically

USCA Judgment/Mandate