Najera et al v. City of San Antonio et al
| Texas Western District Court | |
| Judge: | Orlando L Garcia |
| Case #: | 5:24-cv-01005 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 06, 2024 |
| Last checked: Wednesday Mar 05, 2025 4:00 AM CST |
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Defendant
City of San Antonio
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Represented By
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Defendant
Andy Segovia
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Represented By
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Plaintiff
Estate of Ramon Najera, Jr.
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Represented By
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Plaintiff
Sylvia Martinez
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Represented By
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Plaintiff
Juanita Najera
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Represented By
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Plaintiff
Raymond A. Najera
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Represented By
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Plaintiff
Richard G. Najera
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Represented By
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| Docket last updated: 4 hours ago |
| Monday, March 10, 2025 | ||
| 32 | 32
respm
Reply to Response to Motion
Mon 03/10 4:29 PM
REPLY to Response to Motion, filed by City of San Antonio, re27 MOTION to Dismiss filed by Defendant City of San Antonio (Fitzpatrick, Shawn) |
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| Monday, March 03, 2025 | ||
| 31 | 31
respm
Response to Motion
Mon 03/03 11:31 PM
RESPONSE to Motion, filed by Estate of Ramon Najera, Jr., Sylvia Martinez, Juanita Najera, Raymond A. Najera, Richard G. Najera, re27 MOTION to Dismiss filed by Defendant City of San Antonio,25 Motion to Dismiss for Failure to State a Claim filed by Defendant Andy Segovia (Martinez, John) |
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| 30 | 30
notice
Notice of Attorney Appearance
Mon 03/03 10:47 AM
NOTICE of Attorney Appearance by Kyle A. Batson on behalf of Estate of Ramon Najera, Jr. (Batson, Kyle) |
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| Thursday, February 27, 2025 | ||
| 29 | 29
motion
Extension of Time to File Response/Reply
Thu 02/27 6:19 PM
Unopposed MOTION for Extension of Time to File Response/Reply by Estate of Ramon Najera, Jr., Sylvia Martinez, Juanita Najera, Raymond A. Najera, Richard G. Najera.(Martinez, John) |
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Att: 1
Proposed Order
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| Tuesday, February 11, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Tue 02/11 11:01 AM
Text Order GRANTING28 Motion for Extension of Time to File. The deadline for Plaintiffs to respond to Defendant City of San Antonio's27 Motion to Dismiss is hereby extended to Monday, March 3, 2025. Plaintiffs' counsel is advised to consult the Local Rules for the Western District of Texas regarding response deadlines. See W.D. Tex. R. CV-7(d). Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ROlc) |
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| Monday, February 10, 2025 | ||
| 28 | 28
motion
Extension of Time to File Answer
Mon 02/10 7:49 PM
MOTION for Extension of Time to File Answer by Juanita Najera, Estate of Ramon Najera, Jr., Raymond A. Najera, Sylvia Martinez, Richard G. Najera.(Martinez, John) |
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Att: 1
Proposed Order
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| Monday, January 27, 2025 | ||
| 27 | 27
motion
Dismiss
Tue 01/28 3:14 PM
MOTION to Dismiss by City of San Antonio. (rqr) |
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order
Order on Motion for Leave to File Excess Pages
Mon 01/27 4:08 PM
Text Order GRANTING26 Unopposed Motion for Leave to File Excess Pages. The Clerk is DIRECTED to file Defendant City of San Antonio's Motion to Dismiss [26-1]. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm) |
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| Friday, January 24, 2025 | ||
| 26 | 26
motion
Leave to Exceed Page Limitation
Fri 01/24 2:23 PM
Unopposed MOTION for Leave to Exceed Page Limitation by City of San Antonio.(Fitzpatrick, Shawn) |
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Att: 1
Motion Tendered for Filing in Excess of Page Limits
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| 25 | 25
motion
Dismiss for Failure to State a Claim
Fri 01/24 2:18 PM
Motion to Dismiss for Failure to State a Claim by Andy Segovia. (Fitzpatrick, Shawn) |
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| Friday, January 10, 2025 | ||
| 24 | 24
25
pgs
cmp
Amended Complaint
Fri 01/10 2:44 PM
AMENDED COMPLAINT Second Amended Complaint against City of San Antonio amending, filed by Estate of Ramon Najera, Jr..(Batson, Kyle) |
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| Friday, January 03, 2025 | ||
| 23 | 23
1
pgs
order
Order on Motion for Extension of Time to File
Wed 01/08 10:41 AM
ORDER GRANTING IN PART21 Motion for Extension of Time to File Signed by Judge Orlando L. Garcia. (vl) |
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| Tuesday, December 10, 2024 | ||
| 22 | 22
answer
Answer to Amended Complaint
Tue 12/10 11:35 AM
ANSWER to18 Amended Complaint by City of San Antonio, Andy Segovia.(Fitzpatrick, Shawn) |
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| Thursday, December 05, 2024 | ||
| 21 | 21
motion
Extension of Time to File Document
Thu 12/05 4:51 PM
MOTION for Extension of Time to File Second Amended Complaint and Responsive Answer and/or 12(b)(6) Motion by City of San Antonio, Andy Segovia. (Fitzpatrick, Shawn) |
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| Wednesday, December 04, 2024 | ||
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order
Order on Motion to Appear Pro Hac Vice
Wed 12/04 11:21 AM
Text Order GRANTING19 Motion 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 Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm) |
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| Tuesday, December 03, 2024 | ||
| 20 | 20
notice
Notice
Tue 12/03 10:12 PM
NOTICE of Intent to file Second Amended Complaint by Estate of Ramon Najera, Jr. (Batson, Kyle) |
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| Monday, December 02, 2024 | ||
| 19 | 19
motion
Appear Pro Hac Vice
Tue 12/03 10:56 AM
MOTION to Appear Pro Hac Vice by Arthur Stanley Bernstein for Juanita Najera, et al.. (bt) |
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| Tuesday, November 26, 2024 | ||
| 18 | 18
22
pgs
cmp
Amended Complaint
Tue 11/26 8:50 AM
FIRST AMENDED COMPLAINT against City of San Antonio, Andy Segovia amending, filed by Sylvia Martinez, Estate of Ramon Najera, Jr., Juanita Najera, Richard G. Najera, Raymond A. Najera.(bt) |
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order
Order on Motion for Miscellaneous Relief Order on Motion for Leave to File
Tue 11/26 7:02 AM
Text Order GRANTING14 Motion for Leave to File First Amended Complaint. Pursuant to the Facts Sheet, Question 36, Plaintiffs' amended complaint was due within seven days of their advisory stating their intent to amend their pleading. However, in the interest of justice, the Court will grant leave to amend in this case. The Clerk is DIRECTED to file Plaintiffs' First Amended Complaint [14-2]. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm) |
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order
Order on Motion for Reconsideration
Tue 11/26 7:03 AM
Text Order MOOTING9 Motion for Reconsideration. The filing of Plaintiffs' First Amended Complaint renders Defendants' motion moot. Defendants may request an extension of time, if needed, to answer or to otherwise respond to the amended complaint in compliance with the Court's pre-filing requirement for motions to dismiss. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm) |
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| Friday, November 15, 2024 | ||
| 17 | 17
respm
Reply to Response to Motion
Fri 11/15 5:04 PM
REPLY to Response to Motion, filed by City of San Antonio, Andy Segovia, re9 MOTION for Reconsideration re8 Order on Motion to Dismiss for Failure to State a Claim , For Leave to File Rule 12(b)(6) Motion, and for Alternative Relief filed by Defendant Andy Segovia, Defendant City of San Antonio(Fitzpatrick, Shawn) |
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Att: 1
Exhibit 1 -- Conference Correspondence Concerning Unfiled Amended Complaint
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| Thursday, November 14, 2024 | ||
| 16 | 16
respm
Response in Opposition to Motion
Thu 11/14 5:56 PM
Response in Opposition to Motion, filed by City of San Antonio, Andy Segovia, re14 MOTION for Clarification of the Courts procedures and in the alternative Opposed MOTION for Leave to File First Amended Complaint filed by Plaintiff Estate of Ramon Najera, Jr., Plaintiff Sylvia Martinez, Plaintiff Richard G. Najera, Plaintiff Juanita Najera, Plaintiff Raymond A. Najera (Fitzpatrick, Shawn) |
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| Friday, November 08, 2024 | ||
| 15 | 15
9
pgs
respm
Memorandum in Opposition to Motion
Fri 11/08 10:23 PM
Memorandum in Opposition to Motion, filed by Estate of Ramon Najera, Jr., Sylvia Martinez, Juanita Najera, Raymond A. Najera, Richard G. Najera, re9 MOTION for Reconsideration re8 Order on Motion to Dismiss for Failure to State a Claim , For Leave to File Rule 12(b)(6) Motion, and for Alternative Relief filed by Defendant Andy Segovia, Defendant City of San Antonio |
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| Thursday, November 07, 2024 | ||
| 14 | 14
motion
Miscellaneous Relief Leave to File Document
Thu 11/07 7:44 PM
MOTION for Clarification of the Courts procedures and in the alternative , Opposed MOTION for Leave to File First Amended Complaint by Estate of Ramon Najera, Jr., Sylvia Martinez, Juanita Najera, Raymond A. Najera, Richard G. Najera. |
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Att: 1
Exhibit "A",
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Att: 2
Exhibit "B"
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| Wednesday, October 30, 2024 | ||
| 13 | 13
misc
Pro Hac Vice Letter
Wed 10/30 2:10 PM
Pro Hac Vice Letter mailed to Stanley Bernstein regarding admission in the Western District Court of Texas. (rqr) |
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| Monday, October 28, 2024 | ||
| 12 | 12
4
pgs
order
Order
Tue 10/29 11:15 AM
ORDER AND ADVISORY--It is ORDERED that the Plaintiffs confer with the Defendants as required by Fed. R. Civ. P. 26(f) andLocal Court Rule CV-16(c) to submit a proposed scheduling order for the Courts consideration within forty-five (45) days of the filing of this Order. Signed by Judge Orlando L. Garcia. (mgr) |
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| 11 | 11
misc
Advisory to the Court
Mon 10/28 8:06 PM
ADVISORY TO THE COURT by Estate of Ramon Najera, Jr., Sylvia Martinez, Juanita Najera, Raymond A. Najera, Richard G. Najera . |
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| Friday, October 25, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Fri 10/25 6:17 PM
ANSWER to1 Complaint by City of San Antonio, Andy Segovia.(Fitzpatrick, Shawn) |
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| 9 | 9
motion
Reconsideration
Fri 10/25 11:52 AM
MOTION for Reconsideration re8 Order on Motion to Dismiss for Failure to State a Claim , For Leave to File Rule 12(b)(6) Motion, and for Alternative Relief by City of San Antonio, Andy Segovia.(Fitzpatrick, Shawn) |
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Att: 1
Exhibit A: Conferral Email,
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Att: 2
Exhibit B. Summonses Served on Segovia and the City of San Antonio,
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Att: 3
Exhibit C: Proposed Rule 12(b)(6) Motion Presented for Filing With Leave of Court
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| Thursday, October 17, 2024 | ||
| 8 | 8
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 10/21 9:54 AM
ORDER STRIKING 7 Motion to Dismiss for Failure to State a Claim. It is further ORDERED that Defendants responsive pleading be submitted to the Court on or before Friday, October 25, 2024. Signed by Judge Orlando L. Garcia. (mgr) |
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| Tuesday, October 15, 2024 | ||
| 7 | 7
motion
Dismiss for Failure to State a Claim
Tue 10/15 1:24 PM
Motion to Dismiss for Failure to State a Claim by City of San Antonio, Andy Segovia. (Fitzpatrick, Shawn) |
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| Wednesday, October 02, 2024 | ||
| 6 | 6
service
Summons Returned Executed
Wed 10/02 2:20 PM
SUMMONS Returned Executed by Sylvia Martinez, Estate of Ramon Najera, Jr., Juanita Najera, Richard G. Najera, Raymond A. Najera. City of San Antonio served on 9/24/2024, answer due 10/15/2024. |
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| 5 | 5
service
Summons Returned Executed
Wed 10/02 2:18 PM
SUMMONS Returned Executed by Sylvia Martinez, Estate of Ramon Najera, Jr., Juanita Najera, Richard G. Najera, Raymond A. Najera. Andy Segovia served on 9/24/2024, answer due 10/15/2024. |
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| Wednesday, September 11, 2024 | ||
| 4 | 4
service
Summons Issued
Wed 09/11 1:27 PM
Summons Issued as to City of San Antonio, Andy Segovia. (rqr) |
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| 3 | 3
misc
JS44 (Civil Cover Sheet) Submitted
Wed 09/11 11:24 AM
JS44 (Civil Cover Sheet) submitted by Estate of Ramon Najera, Jr., Sylvia Martinez, Juanita Najera, Raymond A. Najera, Richard G. Najera. |
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| Friday, September 06, 2024 | ||
| 2 | 2
service
Request for Issuance of Summons
Fri 09/06 4:19 PM
REQUEST FOR ISSUANCE OF SUMMONS by Estate of Ramon Najera, Jr., Sylvia Martinez, Juanita Najera, Raymond A. Najera, Richard G. Najera. |
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Att: 1
Summons
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| 1 | 1
18
pgs
cmp
Complaint
Fri 09/06 4:14 PM
COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-19197848), filed by Sylvia Martinez, Estate of Ramon Najera, Jr., Juanita Najera, Richard G. Najera, Raymond A. Najera. |
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Att: 1
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Wed 09/11 1:22 PM
Case assigned to Judge Orlando L. Garcia. 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. (rqr) |
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misc
To be Referred to SA Mag Judge
Wed 09/11 1:22 PM
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (rqr) |
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