Pelkey v. Laborde et al
| Texas Western District Court | |
| Judge: | Ronald C Griffin |
| Referred: | Ronald C Griffin |
| Case #: | 7:24-cv-00061 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Feb 29, 2024 |
| Last checked: Tuesday Aug 27, 2024 4:55 AM CDT |
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Defendant
David Laborde
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Represented By
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Defendant
MD Joyce Alase
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Plaintiff
Michelle A Pelkey
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Unknown Sheriff Deputy #1
Terminated: 06/20/2024
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Defendant
Unknown Sheriff Deputy #2
Terminated: 06/20/2024
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Defendant
City of Midland
Terminated: 06/20/2024
a Municipal Corporation City Manager 300 N. Loraine
Midland, TX 79701 |
Represented By
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Defendant
Midland County
Terminated: 06/20/2024
a Municipal Corporation Commissioners Court 500 N. Lorraine St. Suite 1100
Midland, TX 79701 |
Represented By
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GPO
Feb 24 2025
REPORT AND RECOMMENDATIONS re 36 Motion to Dismiss for Failure to State a Claim filed by Joyce Alase. Signed by Judge Ronald C. Griffin. (jb3) |
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GPO
Mar 25 2025
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 39 Report and Recommendations. Signed by Judge David Counts. (jb3) |
| Docket last updated: 05/02/2025 11:59 PM CDT |
| Tuesday, April 22, 2025 | ||
| 48 | 48
2
pgs
order
Order on Motion for Discovery
Tue 04/22 1:48 PM
ORDER GRANTING47 Motion for Discovery. Parties shall submit a proposed scheduling order to the Court within 30 days from the date of this order. Signed by Judge Ronald C. Griffin. (jb3) |
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| Thursday, April 17, 2025 | ||
| 47 | 47
motion
Discovery
Thu 04/17 12:02 PM
Unopposed MOTION for Discovery for Order Limiting Discovery and Notice of Assertion of Qualified Immunity by David Laborde. (Dorfner, Aaron) |
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| Thursday, April 03, 2025 | ||
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notice
Deficiency Notice
Thu 04/03 11:14 AM
DEFICIENCY NOTICE: re 41 Second MOTION for Discovery Order Limiting Discovery and Notice of Assertion of QI Certificate of Conference required. Please correct and re-file. This motion will not be forwarded to the assigned judge for consideration and will be terminated. (jb3) |
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| Wednesday, March 26, 2025 | ||
| 46 | 46
1
pgs
order
Order Reassigning Case
Wed 03/26 3:56 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Ronald C. Griffin for all proceedings. Judge David Counts no longer assigned to case. Signed by Judge David Counts. (jb3) |
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| Tuesday, March 25, 2025 | ||
| 45 | 45
2
pgs
order
Order Adopting/Rejecting Report and Recommendations
Tue 03/25 3:51 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS for39 Report and Recommendations. Signed by Judge David Counts. (jb3) |
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| Tuesday, March 18, 2025 | ||
| 44 | 44
notice
Notice
Tue 03/18 11:07 AM
NOTICE of Withdrawal of DIN 42 Objection MJ Report & Recommendation by Michelle A Pelkey re39 Report and Recommendations (Williams, Leigh) |
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| Friday, March 14, 2025 | ||
| 43 | 43
misc
Response
Fri 03/14 10:20 PM
RESPONSE to Plaintiff's Objections to the Report and Recommendation of Judge to42 Objection to Report and Recommendations by Joyce Alase. (Rigler, Christopher) |
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| Saturday, March 08, 2025 | ||
| 42 | 42
respoth
Objection to Report and Recommendations
Sat 03/08 6:46 PM
OBJECTION to39 Report and Recommendations Requesting Leave to Amend attaching Proposed Amended Complaint by Michelle A Pelkey..(Williams, Leigh) |
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Att: 1
Exhibit Proposed Amended Complaint
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| Tuesday, March 04, 2025 | ||
| 41 | 41
motion
Discovery
Tue 03/04 5:04 PM
Second MOTION for Discovery Order Limiting Discovery and Notice of Assertion of QI by David Laborde.. Motions referred to Judge Ronald C. Griffin. (Dorfner, Aaron) |
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Att: 1
Proposed Order
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| 40 | 40
notice
Notice of Attorney Appearance
Tue 03/04 4:42 PM
NOTICE of Attorney Appearance by Aaron Dorfner on behalf of David Laborde (Dorfner, Aaron) |
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| Monday, February 24, 2025 | ||
| 39 | 39
misc
Report and Recommendations
Mon 02/24 4:34 PM
REPORT AND RECOMMENDATIONS re36 Motion to Dismiss for Failure to State a Claim filed by Joyce Alase. Signed by Judge Ronald C. Griffin. (jb3) |
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| Friday, October 04, 2024 | ||
| 38 | 38
respm
Reply to Response to Motion
Fri 10/04 2:21 PM
REPLY to Response to Motion, filed by Joyce Alase, re36 Motion to Dismiss for Failure to State a Claim filed by Defendant Joyce Alase (Rigler, Christopher) |
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| Monday, September 30, 2024 | ||
| 37 | 37
respm
Response in Opposition to Motion
Mon 09/30 4:52 PM
Response in Opposition to Motion, filed by Michelle A Pelkey, re36 Motion to Dismiss for Failure to State a Claim filed by Defendant Joyce Alase (Williams, Leigh) |
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| Wednesday, September 11, 2024 | ||
| 36 | 36
motion
Dismiss for Failure to State a Claim
Wed 09/11 2:40 PM
Motion to Dismiss for Failure to State a Claim by Joyce Alase.(Rigler, Christopher) |
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Att: 1
Proposed Order Granting Motion to Dismiss
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| Tuesday, September 03, 2024 | ||
| 35 | 35
service
Summons Returned Executed
Tue 09/03 11:02 AM
SUMMONS Returned Executed by Michelle A Pelkey. Joyce Alase served on 8/21/2024, answer due 9/11/2024.(Williams, Leigh) |
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Att: 1
Exhibit Summons
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| Thursday, June 27, 2024 | ||
| 34 | 34
answer
Answer to Amended Complaint
Thu 06/27 2:56 PM
ANSWER to33 Amended Complaint With Affirmative and Other Defenses by David Laborde.(Dorfner, Aaron) |
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| Thursday, June 20, 2024 | ||
| 33 | 33
cmp
Amended Complaint
Thu 06/20 3:50 PM
THIRD AMENDED COMPLAINT against All Defendants filed by Michelle A Pelkey.(jb3) |
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order
Order on Motion to Amend Complaint
Thu 06/20 11:29 AM
Text Order GRANTING32 Plaintiff's Unopposed Motion to file Third Amended Complaint. It is ORDERED that the Plaintiff's Unopposed Motion to File Third Amended Complaint is GRANTED. The Clerk is directed to docket the Third Amended Complaint attached to the instant motion. In light of the filing of the Third Amended Complaint, the Clerk is directed to terminate Defendants Unknown Sheriff's Deputy 1, Unknown Sheriff's Deputy 2, City of Midland, and Midland County. The Clerk is also directed to amend Defendant David Laborde so show Defendant Laborde being sued in his personal capacity only. Entered by Judge Ronald C. Griffin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) |
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order
Order on Motion to Dismiss
Thu 06/20 11:30 AM
Text Order MOOTING30 Motion to Dismiss. A Third Amended Complaint was filed rendering the instant motion, MOOT. Entered by Judge Ronald C. Griffin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) |
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| Wednesday, June 19, 2024 | ||
| 32 | 32
motion
Amend Complaint
Wed 06/19 11:42 AM
Unopposed MOTION to Amend Complaint by Michelle A Pelkey.. Motions referred to Judge Ronald C. Griffin. (Williams, Leigh) |
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Att: 1
Exhibit Third Amended Complaint,
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Att: 2
Proposed Order
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| Thursday, June 06, 2024 | ||
| 31 | 31
answer
Answer to Amended Complaint
Thu 06/06 9:51 AM
Original ANSWER to27 Amended Complaint With Affirmative and Other Defenses by David Laborde.(Dorfner, Aaron) |
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order
Order on Motion to Dismiss
Thu 06/06 9:15 AM
Text Order MOOTING24 Motion to Dismiss. The instant Motion is rendered MOOT by the filing of Plaintiff's Second Amended Complaint. It is so ORDERED. Entered by Judge Ronald C. Griffin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af3) |
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order
Order on Motion to Dismiss for Failure to State a Claim
Thu 06/06 9:16 AM
Text Order MOOTING16 Motion to Dismiss for Failure to State a Claim. The instant Motion is rendered MOOT by the filing of Plaintiff's Second Amended Complaint. It is so ORDERED. Entered by Judge Ronald C. Griffin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af3) |
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| Wednesday, June 05, 2024 | ||
| 30 | 30
motion
Dismiss
Wed 06/05 12:00 PM
MOTION to Dismiss Plaintiff's Second Amended Complaint by Midland County. (Rouse, Richard) |
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| Wednesday, May 29, 2024 | ||
| 29 | 29
service
Summons Issued
Wed 05/29 4:36 PM
Summons Issued as to Joyce Alase. (jb3) |
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| 28 | 28
service
Request for Issuance of Summons
Wed 05/29 3:20 PM
REQUEST FOR ISSUANCE OF SUMMONS by Michelle A Pelkey. JOYCE ALASE, M.D. (Williams, Leigh) |
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| Wednesday, May 22, 2024 | ||
| 27 | 27
cmp
Amended Complaint
Wed 05/22 11:22 AM
SECOND AMENDED COMPLAINT filed by Michelle A Pelkey.(slt) |
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order
Order on Motion to Amend Complaint
Wed 05/22 9:11 AM
Text Order GRANTING26 Plaintiff's Unopposed Motion for Leave to Amend Complaint. It is ORDERED that the Plaintiff's Unopposed Motion for Leave to Amend Complaint is GRANTED. The Clerk is directed to docket Plaintiff's Second Amended Complaint attached to the instant motion. It is so ORDERED. Entered by Judge Ronald C. Griffin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) |
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| Tuesday, May 21, 2024 | ||
| 26 | 26
motion
Amend Complaint
Tue 05/21 12:33 PM
Unopposed MOTION to Amend Complaint by Michelle A Pelkey.. Motions referred to Judge Ronald C. Griffin. (Williams, Leigh) |
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notice
Deficiency Notice
Tue 05/21 10:03 AM
DEFICIENCY NOTICE: re 25 Amended Complaint. Order granting Leave by the Court is required. Federal Rule of Civil Procedure 15 only allows for a party to amend its pleading once as of course, otherwisea party may amend its pleading only with the opposing party's written consent or the court's leave. Please file a Motion for Leave to file an amended complaint. Please attach the proposed order to the motion. (jb3) |
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| Monday, May 20, 2024 | ||
| 25 | 25
cmp
Amended Complaint
Mon 05/20 11:07 PM
AMENDED COMPLAINT , Second, against Joyce Alase amending, filed by Michelle A Pelkey.(Williams, Leigh) |
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| Friday, May 17, 2024 | ||
| 24 | 24
motion
Dismiss
Fri 05/17 4:08 PM
MOTION to Dismiss by Midland County. (Rouse, Richard) |
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| Tuesday, May 14, 2024 | ||
| 23 | 23
notice
Notice of Attorney Appearance
Tue 05/14 5:31 PM
NOTICE of Attorney Appearance by Richard Layne Rouse on behalf of Midland County. Attorney Richard Layne Rouse added to party Midland County(pty:dft) (Rouse, Richard) |
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| Friday, May 03, 2024 | ||
| 22 | 22
misc
Consent to Trial by US Magistrate Judge
Fri 05/03 10:12 AM
CONSENT to Trial by US Magistrate Judge by Michelle A Pelkey. (Williams, Leigh) |
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order
Order on Motion for Extension of Time to File
Fri 05/03 9:07 AM
Text Order GRANTING21 Defendant Midland County's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Amended Complaint. It is ORDERED Midland County shall have up to, and including, May 17, 2024, to file its response to Plaintiff's Amended Complaint. It is so ORDERED. Entered by Judge Ronald C. Griffin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) |
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utility
Set/Reset Answer Deadline
Fri 05/03 10:39 AM
RESET Deadlines: Midland County answer due 5/17/2024 . (jb3) |
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| Thursday, May 02, 2024 | ||
| 21 | 21
motion
Extension of Time to File Document
Thu 05/02 6:32 PM
MOTION for Extension of Time to File by Midland County.. Motions referred to Judge Ronald C. Griffin. (Rouse, Richard) |
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Att: 1
Proposed Order
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| 20 | 20
misc
Advisory to the Court
Thu 05/02 1:23 PM
ADVISORY TO THE COURT by City of Midland, David Laborde Consent . (Dorfner, Aaron) |
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| Wednesday, May 01, 2024 | ||
| 19 | 19
2
pgs
order
Order
Wed 05/01 4:36 PM
ORDER AND ADVISORY. Signed by Judge David Counts. (jb3) |
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| Monday, April 29, 2024 | ||
| 18 | 18
notice
Notice
Mon 04/29 1:49 PM
NOTICE of Assertion of Qualified Immunity and Motion for Order Limiting Discovery by David Laborde (Dorfner, Aaron) |
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| 17 | 17
answer
Answer to Amended Complaint
Mon 04/29 1:46 PM
Defendant Officer David Laborde's ANSWER to11 Amended Complaint With Affirmative and Other Defenses by David Laborde.(Dorfner, Aaron) |
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| 16 | 16
motion
Dismiss for Failure to State a Claim
Mon 04/29 1:43 PM
Motion to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) by City of Midland, David Laborde. (Dorfner, Aaron) |
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| Tuesday, April 02, 2024 | ||
| 15 | 15
service
Summons Issued
Tue 04/02 1:32 PM
Summons Issued as to Midland County. (jb3) |
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| 14 | 14
service
Summons Issued
Tue 04/02 1:30 PM
Summons Issued as to City of Midland. (jb3) |
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| 13 | 13
service
Request for Issuance of Summons
Tue 04/02 12:10 PM
REQUEST FOR ISSUANCE OF SUMMONS by Michelle A Pelkey. County of Midland (Williams, Leigh) |
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| 12 | 12
service
Request for Issuance of Summons
Tue 04/02 12:09 PM
REQUEST FOR ISSUANCE OF SUMMONS by Michelle A Pelkey. City of Midland (Williams, Leigh) |
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| Wednesday, March 27, 2024 | ||
| 11 | 11
cmp
Amended Complaint
Wed 03/27 5:53 PM
AMENDED COMPLAINT against All Defendants amending, filed by Michelle A Pelkey.(Williams, Leigh) |
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| Thursday, March 14, 2024 | ||
| 10 | 10
service
Summons Issued
Thu 03/14 4:31 PM
Summons Issued as to Unknown Sheriff Deputy #2. (slt) |
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| 9 | 9
service
Summons Issued
Thu 03/14 4:25 PM
Summons Issued as to Unknown Sheriff Deputy #1. (slt) |
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| 8 | 8
service
Summons Issued
Thu 03/14 4:20 PM
Summons Issued as to David Laborde. (slt) |
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| 7 | 7
service
Request for Issuance of Summons
Thu 03/14 3:51 AM
REQUEST FOR ISSUANCE OF SUMMONS by Michelle A Pelkey. Sherriff's Detention Ctr. Emp. #2 (Williams, Leigh) (Main Document 7 replaced with flattened pdf on 3/14/2024) (slt) |
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| Monday, March 04, 2024 | ||
| 6 | 6
misc
Attachment
Mon 03/04 1:54 PM
ATTACHMENT Corrected Complaint to1 Complaint by Michelle A Pelkey. (Williams, Leigh) |
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| 5 | 5
misc
Attachment
Mon 03/04 1:10 PM
ATTACHMENT Corrected Complaint to1 Complaint by Michelle A Pelkey. (Williams, Leigh) |
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notice
Deficiency Notice
Mon 03/04 1:18 PM
DEFICIENCY NOTICE: re 5 Attachment Incorrect header. Please include Midland/Odessa Division . Please do not refile the entire document as it will create a duplicate charge. Please file ONLY the document. Use the ATTACHMENT event from the menu and attach the proposed document as the Main Document LINK the proposed document to the original. In the docket text, type Corrected Complaint. (slt) |
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| Friday, March 01, 2024 | ||
| 4 | 4
service
Request for Issuance of Summons
Fri 03/01 1:59 PM
REQUEST FOR ISSUANCE OF SUMMONS by Michelle A Pelkey. Unknown Midland County Sheriff's Central Detention Center Employee (Williams, Leigh) (Main Document 4 replaced with flattened pdf on 3/1/2024) (slt) |
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| 3 | 3
service
Request for Issuance of Summons
Fri 03/01 1:57 PM
REQUEST FOR ISSUANCE OF SUMMONS by Michelle A Pelkey. for David Laborde (Williams, Leigh) (Main Document 3 replaced with flattened pdf on 3/1/2024) (slt) |
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| 2 | 2
misc
Attachment
Fri 03/01 1:07 PM
ATTACHMENT Civil Cover Sheet to1 Complaint by Michelle A Pelkey. (Williams, Leigh) (Main Document 2 replaced with flattened pdf on 3/1/2024) (slt) |
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utility
Case Assigned/Reassigned
Fri 03/01 9:42 AM
Case assigned to Judge David Counts and Judge Ronald C. Griffin. 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. (slt) |
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notice
Deficiency Notice
Fri 03/01 9:44 AM
DEFICIENCY NOTICE: re 1 Complaint. Incorrect header. Please include Midland/Odessa Division. Please do not refile the entire document as it will create a duplicate charge. Please file ONLY the document. Use the ATTACHMENT event from the menu and attach the proposed document as the Main Document LINK the proposed document to the original. In the docket text, type Corrected Complaint. Local Rule CV-3(a) requires a Civil Cover Sheet. DO NOT RE-FILE the entire document. Please file ONLY the Civil Cover Sheet. Use the ATTACHMENT event from the menu and attach the Civil Cover Sheet as the Main Document. LINK the Civil Cover Sheet to the original Complaint. In the docket text, type Civil Cover Sheet. (slt) |
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| Thursday, February 29, 2024 | ||
| 1 | 1
cmp
Complaint
Thu 02/29 4:28 PM
COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-18478429), filed by Michelle A Pelkey.(Williams, Leigh) |
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