CALDWELL et al v. Duncanville Police Department et al
| Texas Northern District Court | |
| Judge: | Sam A Lindsay |
| Case #: | 3:23-cv-02198 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 03, 2023 |
| Last checked: Sunday Mar 31, 2024 4:15 AM CDT |
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Defendant
Duncanville Texas Department of Community Services Code Enforcement Department
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Represented By
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Defendant
Duncanville Texas Police Department
203 E. WHEATLAND RD
DUNCANVILLE, TX 75115 |
Represented By
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Defendant
Jose Lanas
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Defendant
Pineda
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Represented By
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Defendant
NFN Rawls
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Defendant
Surety Bond of Officer Pineda
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Defendant
Surety Bond of Officer Rawls
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Defendant
Surety Bond of Sergeant D Younts
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Defendant
D Younts
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Represented By
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Plaintiff
Kevin Lee Caldwell
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Represented By
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Plaintiff
Larry Michael Hook
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Represented By
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Plaintiff
Ajua Yvette Mason
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Represented By
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| Docket last updated: 6 hours ago |
| Friday, February 14, 2025 | ||
| 33 | 33
respm
Reply
Fri 02/14 4:03 PM
REPLY filed by City of Duncanville Texas, Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts re:31 MOTION to Dismiss Third Amended Complaint (Jeffrey, James) |
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| Sunday, February 02, 2025 | ||
| 32 | 32
respm
Response/Objection
Sun 02/02 2:05 AM
RESPONSE filed by Kevin Lee Caldwell, Larry Michael Hook, Ajua Yvette Mason re:31 MOTION to Dismiss Third Amended Complaint (Grisham, CJ) |
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| Thursday, January 16, 2025 | ||
| 31 | 31
motion
Dismiss
Thu 01/16 3:45 PM
MOTION to Dismiss Third Amended Complaint filed by City of Duncanville Texas, D Younts, Pineda with Brief/Memorandum in Support.Attorney James T Jeffrey, Jr added to party City of Duncanville Texas(pty:dft) (Jeffrey, James) |
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Att: 1
Exhibit(s) Appendix Supporting Defendants Motion to Dismiss Third Amended Complaint,
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Att: 2
Proposed Order Granting MTD Third Amended Complaint
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| Thursday, January 02, 2025 | ||
| 30 | 30
cmp
Amended Complaint
Thu 01/02 6:40 PM
AMENDED COMPLAINT WITH JURY DEMAND THIRD against All Defendants filed by Larry Michael Hook, Kevin Lee Caldwell, Ajua Yvette Mason. Summons(es) not requested at this time. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Grisham, CJ) |
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| Monday, December 23, 2024 | ||
| 29 | 29
4
pgs
order
Order Accepting/Adopting Findings and Recommendations
Mon 12/23 4:45 PM
ORDER: The court denies as moot Plaintiffs'16 Extension of Time to Respond to Defendants' Motion; accepts the19 Report in part and rejects it in part; overrules Plaintiffs24 objections; grants Defendants'12 Motion; denies as moot Plaintiffs' First22 Motion for Leave; and denies as moot Plaintiffs' Second23 Motion for Leave. The court accepts the19 Report insofar as it relates to the factual and legal analysis regarding Plaintiffs' claims. The court, however, rejects the Report insofar as it recommends that the case be dismissed with prejudice and Plaintiffs be denied leave to amend. Further, the court directs Plaintiffs to amend and file their pleadings to correct the deficiencies identified by the court during the hearing by 5:00 p.m. on 1/10/2025. Failure to do so will result in dismissal with prejudice pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted. (Ordered by Judge Sam A. Lindsay on 12/23/2024) (agc) |
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| 28 | 28
minutes
Telephone Conference
Mon 12/23 2:25 PM
ELECTRONIC Minute Entry for proceedings held before Judge Sam A. Lindsay: Telephone Conference held on 12/23/2024. Attorney Appearances: Plaintiff - CJ Grisham; Defense - James Jeffrey, Jr.. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 0:55. (chmb) |
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| Thursday, December 19, 2024 | ||
| 27 | 27
1
pgs
order
Order Setting Deadline/Hearing
Thu 12/19 3:38 PM
ORDER: Telephone Conference set for 12/23/2024 01:00 PM before Judge Sam A. Lindsay, to discuss pending motions and other related matters. Counsel for each party are to e-mail their telephone numbers for the conference to the court's court coordinator, Mrs. Tannica Stewart, by 12:00 noon, Friday, December 20, 2024. (Ordered by Judge Sam A. Lindsay on 12/19/2024) (ndt) |
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| Monday, June 24, 2024 | ||
| 26 | 26
respm
Response/Objection
Mon 06/24 4:47 PM
RESPONSE AND OBJECTION filed by Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts re:23 Second MOTION to Amend/Correct3 Amended Complaint,, (Jeffrey, James) |
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| Thursday, June 20, 2024 | ||
| 25 | 25
respm
Response/Objection
Thu 06/20 11:10 AM
RESPONSE filed by Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts re:24 Response/Objection, (Jeffrey, James) |
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| Wednesday, June 05, 2024 | ||
| 24 | 24
respm
Response/Objection
Wed 06/05 6:17 PM
OBJECTION filed by Kevin Lee Caldwell, Larry Michael Hook, Ajua Yvette Mason re:19 Findings and Recommendations on Motion re:12 Motion to Dismiss filed by Duncanville Texas Police Department, D Younts, Pineda, Duncanville Texas Department of Community Services Code Enforcement Department. (Grisham, CJ) |
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| 23 | 23
motion
Amend/Correct
Wed 06/05 11:46 AM
Second MOTION to Amend/Correct3 Amended Complaint,, filed by Kevin Lee Caldwell, Larry Michael Hook, Ajua Yvette Mason (Grisham, CJ) |
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Att: 1
Proposed Order,
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Att: 2
Proposed Amendment
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| Tuesday, June 04, 2024 | ||
| 22 | 22
motion
Amend/Correct
Tue 06/04 5:12 PM
First MOTION to Amend/Correct Amended Complaint filed by Kevin Lee Caldwell, Larry Michael Hook, Ajua Yvette Mason. Party City of Duncanville added. (Grisham, CJ) |
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Att: 1
Proposed Order
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| Tuesday, May 07, 2024 | ||
| 21 | 21
2
pgs
order
Order on Motion to Substitute Attorney
Wed 05/08 9:36 AM
ORDER granting20 Motion to Substitute Attorney. The court therefore orders that Mr. CJ Grisham of the law firm Law Offices of CJ Grisham, PLLC is hereby substituted as counsel of record for Plaintiffs. (Ordered by Judge Ed Kinkeade on 5/7/2024) (ndt) |
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| Friday, May 03, 2024 | ||
| 20 | 20
motion
Substitute Attorney
Fri 05/03 9:32 AM
First MOTION to Substitute Attorney, and Request for Extension added attorney CJ Grisham,CJ Grisham for Larry Michael Hook,CJ Grisham for Kevin Lee Caldwell,CJ Grisham for Ajua Yvette Mason. Motion filed by Larry Michael Hook, Kevin Lee Caldwell, Ajua Yvette MasonAttorney CJ Grisham added to party Kevin Lee Caldwell(pty:pla), Attorney CJ Grisham added to party Larry Michael Hook(pty:pla), Attorney CJ Grisham added to party Ajua Yvette Mason(pty:pla) (Grisham, CJ) |
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Att: 1
Proposed Order
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| Monday, April 22, 2024 | ||
| 19 | 19
motion
Findings and Recommendations
Mon 04/22 10:25 AM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court should grant Defendants'12 motion to dismiss the amended complaint. (Ordered by Magistrate Judge David L. Horan on 4/22/2024) (cfk) |
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| Tuesday, March 12, 2024 | ||
| 18 | 18
respm
Reply
Tue 03/12 3:41 PM
REPLY filed by Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts re:12 MOTION to Dismiss (Jeffrey, James) |
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| Tuesday, March 05, 2024 | ||
| 17 | 17
respm
Response/Objection
Tue 03/05 12:40 AM
RESPONSE filed by Kevin Lee Caldwell re:12 MOTION to Dismiss (Lieberman, Mark) |
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| Monday, February 05, 2024 | ||
| 16 | 16
motion
Extension of Time
Mon 02/05 12:04 PM
MOTION to Extend Time 30 Day Extension filed by Kevin Lee Caldwell, Larry Michael Hook, Ajua Yvette Mason (Lieberman, Mark) |
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| Friday, January 26, 2024 | ||
| 15 | 15
5
pgs
order
Order Staying Case
Mon 01/29 9:20 AM
ORDER STAYING DISCOVERY PENDING RESOLUTION OF MOTION TO DISMISS BASED IN PART ON QUALIFIED IMMUNITY AND SETTING BRIEFING SCHEDULE:Responses due by 2/26/2024. Replies due by 3/12/2024. (Ordered by Magistrate Judge David L. Horan on 1/26/2024) (agc) |
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| Tuesday, January 23, 2024 | ||
| 14 | 14
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pgs
order
Order Referring Motion
Tue 01/23 4:58 PM
Order Referring12 Motion to Dismiss to Magistrate Judge David L. Horan. (Ordered by Judge Sam A. Lindsay on 1/23/2024) (sxf) |
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| Monday, January 22, 2024 | ||
| 13 | 13
answer
Answer to Amended Complaint
Mon 01/22 3:18 PM
ANSWER to3 Amended Complaint,, filed by Pineda, D Younts. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Jeffrey, James) |
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Att: 1
Exhibit(s) Appendix Supporting Ds Younts & Pineda's Answer
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| 12 | 12
motion
Dismiss
Mon 01/22 2:57 PM
MOTION to Dismiss filed by Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts with Brief/Memorandum in Support. (Jeffrey, James) |
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| Thursday, December 28, 2023 | ||
| 11 | 11
1
pgs
order
Order on Motion for Extension of Time to File Answer
Fri 12/29 9:26 AM
ORDER granting9 Motion for Extension of Time to File Answer. Duncanville Texas Department of Community Services Code Enforcement Department answer due 1/22/2024; Duncanville Texas Police Department answer due 1/22/2024; Pineda answer due 1/22/2024; D Younts answer due 1/22/2024. (Ordered by Judge Sam A. Lindsay on 12/28/2023) (sxf) |
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| Monday, December 18, 2023 | ||
| 10 | 10
notice
Certificate of Conference
Mon 12/18 1:02 PM
CERTIFICATE of Conference re9 Motion for Extension of Time to File Answer Amended by James T Jeffrey, Jr on behalf of Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts (Jeffrey, James) |
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| Friday, December 15, 2023 | ||
| 9 | 9
motion
Extension of Time to File Answer
Fri 12/15 2:38 PM
Motion for Extension of Time to File Answer filed by Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts (Jeffrey, James) |
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| 8 | 8
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 12/15 2:37 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts. (Clerk QC note: No affiliate entered in ECF). (Jeffrey, James) |
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| 7 | 7
notice
Notice of Attorney Appearance
Fri 12/15 2:36 PM
NOTICE of Attorney Appearance by James T Jeffrey, Jr on behalf of Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Pineda, D Younts. (Filer confirms contact info in ECF is current.) (Jeffrey, James) |
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| Thursday, December 07, 2023 | ||
| 6 | 6
10
pgs
order
Order ~Util - Set/Clear Flags
Thu 12/07 3:11 PM
Special Order 3-351: Effective December 7, 2023, active cases assigned or referred to Magistrate Judge Irma C. Ramirez will be transferred to the dockets of other magistrate judges in the Dallas Division as outlined on Exhibit A to this order. This case has been reassigned pursuant to Special Order No. 3-351. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief District Judge David C Godbey on 12/7/2023) (twd) |
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| Monday, November 06, 2023 | ||
| 5 | 5
service
Summons Issued
Tue 11/07 3:26 PM
Summons Issued as to Duncanville Texas Department of Community Services Code Enforcement Department, Duncanville Texas Police Department, Jose Lanas, Pineda, NFN Rawls, Surety Bond of Officer Pineda, Surety Bond of Officer Rawls, Surety Bond of Sergeant D Younts, D Younts. (kaf) |
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| 4 | 4
misc
Request for Clerk to Issue Document
Tue 11/07 3:12 PM
Request for Clerk to issue Summons filed by Kevin Lee Caldwell. (kaf) |
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| Saturday, October 14, 2023 | ||
| 3 | 3
cmp
Amended Complaint
Sat 10/14 5:46 PM
AMENDED COMPLAINT WITH JURY DEMAND Caldwell et al against All Defendants filed by Larry Michael Hook, Kevin Lee Caldwell, Ajua Yvette Mason. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Lieberman, Mark) |
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| Tuesday, October 03, 2023 | ||
| 2 | 2
qcref
Lindsay
Wed 10/04 11:30 AM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
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| 1 | 1
cmp
Complaint
Tue 10/03 8:19 PM
COMPLAINT WITH JURY DEMAND against All Defendants filed by KEVIN LEE CALDWELL. (Filing fee $402; Receipt number ATXNDC-14078026) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Lieberman, Mark) |
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Att: 1
Cover Sheet
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