Portalatin et al v. Cavalie et al
Texas Northern District Court | |
Judge: | Reed C O'Connor |
Referred: | Hal R Ray, Jr |
Case #: | 4:24-cv-01166 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 42:1983 Civil Rights Act |
Case Filed: | Nov 27, 2024 |
Last checked: Saturday Jan 11, 2025 6:18 AM CST |
Defendant
Walsh Jordan
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Defendant
Amber Elliot Tilley
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Defendant
Tierney Jordan Network Group
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Defendant
Texas A&M University School of Law
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Defendant
Brian Singletary
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Defendant
Wayne Salvant
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Defendant
Austin Sabin
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Defendant
Karen L. Rowden
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Defendant
Sarah Pricer
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Defendant
Kerry Owens
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Defendant
Christopher Norris
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Defendant
Jessy Nevares
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Defendant
Joe Angel Morales
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Defendant
Suzanne Lebet
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Defendant
Patricia Lamb
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Defendant
Junior Jose Herrera
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Defendant
Cecilia Hernandez
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Defendant
Haynes and Boone, LLP
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Defendant
Denise Hallmark
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Defendant
Maryjo Gutierrez
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Defendant
Cynthia Gustafson
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Defendant
Tierney Jordan
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Defendant
Stacy Franco
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Defendant
Exp Realty
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Defendant
David Evans
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Defendant
Keisha B. Ennis
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Defendant
Marilyn Cavalie
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Defendant
Alam Sepulveda Caraballo
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Plaintiff
Jose Portalatin
136 NW Magnolia St
Burleson, TX 76028 |
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Plaintiff
Jose Barreto
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Docket last updated: 1 hours ago |
Tuesday, May 06, 2025 | ||
47 | 47
![]() ORDER: The record shows that Plaintiffs have not properly served the following defendants: Marilyn Cavalie, Sarah Pricer, Kerry Owens, Alam Sepulveda Caraballo, Denise Hallmark, Junior Jose Herrera, and Joe Angel Morales. Plaintiffs will show cause on or before May 20, 2025, why their claims against such defendants should not be dismissed for failure to perfect service of process upon the defendants. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/6/2025) (jnp) |
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46 | 46
![]() MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Maryjo Gutierrez (jnp) |
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45 | 45
![]() ORDER: The Court GRANTS Gutierrez's Motion for Leave to File Responsive Pleading (ECF No.43 ). Accordingly, the Court ORDERS that Gutierrez's Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) previously filed as ECF No.43 -1 at 2-23, is deemed filed today, and the Clerk of Court shall note the filing on the docket sheet in this case. Plaintiffs shall file their response to Gutierrez's Motion to Dismiss on or before May 27, 2025. Also by that date, Plaintiffs shall file a brief that complies with the Local Civil Rules of the Northern District of Texas. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/6/2025) (jnp) |
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misc
Order Receipt
Tue 05/06 10:37 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:45. Tue May 6 10:37:50 CDT 2025 (crt) |
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Order Receipt
Tue 05/06 10:43 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:47. Tue May 6 10:43:22 CDT 2025 (crt) |
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Wednesday, April 16, 2025 | ||
44 | 44
![]() ORDER: Before the Court is Defendant Maryjo Gutierrez's43 Motion for Leave to File Out of Time. It is unclear whether Plaintiffs oppose the Motion. Id. Accordingly, Plaintiffs shall file any response they might have to the Motion on or before April 23, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 4/16/2025) (mmw) |
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Order Receipt
Wed 04/16 9:19 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:44. Wed Apr 16 09:19:05 CDT 2025 (crt) |
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Tuesday, April 15, 2025 | ||
43 | 43
![]() MOTION for Leave to File Responsive Pleading filed by Maryjo GutierrezAttorney Kyle Anthony Perkins added to party Maryjo Gutierrez(pty:dft) (Perkins, Kyle) |
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Att: 1
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Att: 2
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Monday, March 10, 2025 | ||
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Order Receipt
Mon 03/10 8:14 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:42. Mon Mar 10 08:14:50 CDT 2025 (crt) |
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Friday, March 07, 2025 | ||
42 | 42
![]() ORDER: Before the Court are the Motion to Dismiss, Motion for a More Definite Statement, and Brief in Support that Defendants Tierney Jordan, Exp Realty, LLC, Tierney Jordan Network Group, and Walsh Jordan filed on March 6, 2025. ECF No.41 . Plaintiffs shall file their response to the Motion on or before March 27, 2025. Also by that date, Plaintiffs shall file a brief that complies with the Local Civil Rules of the Northern District of Texas. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/7/2025) (jnp) |
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Thursday, March 06, 2025 | ||
41 | 41
![]() MOTION to Dismiss , Motion for a More Definite Statement Pursuant to Rule 12(e) filed by Exp Realty, Tierney Jordan, Walsh Jordan, Tierney Jordan Network Group with Brief/Memorandum in Support. Attorney Robert J Palmer added to party Exp Realty(pty:dft), Attorney Robert J Palmer added to party Tierney Jordan(pty:dft), Attorney Robert J Palmer added to party Walsh Jordan(pty:dft), Attorney Robert J Palmer added to party Tierney Jordan Network Group(pty:dft) (Palmer, Robert) |
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Tuesday, March 04, 2025 | ||
40 | 40
![]() ORDER: Before the Court is the Motion to Dismiss and Brief in Support that Defendants Keisha Ennis, Stacy Franco, and Suzanne Lebet filed on March 3, 2025. ECF No.39 . Plaintiffs shall file their response to the Motion on or before March 24, 2025. Also by that date, Plaintiffs shall file a brief that complies with the Local Civil Rules of the Northern District of Texas. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/4/2025) (jnp) |
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misc
Order Receipt
Tue 03/04 8:33 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:40. Tue Mar 4 08:33:12 CST 2025 (crt) |
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Monday, March 03, 2025 | ||
39 | 39
![]() MOTION to Dismiss Pursuant to Fed. R. Civ. P.12(b)(1) and 12(b)(6) filed by Keisha B. Ennis, Stacy Franco, Suzanne Lebet (Perkins, Kyle) |
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Att: 1
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Wednesday, February 26, 2025 | ||
38 | 38
![]() ORDER: Before the Court is the Motion to Dismiss and Brief in Support that Defendant Christopher Norris filed on February 25, 2025. ECF No.36 . Plaintiffs shall file their response to the Motion on or before March 19, 2025. Also by that date, Plaintiffs shall file a brief that complies with the Local Civil Rules of the Northern District of Texas. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/26/2025) (jnp) |
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Order Receipt
Wed 02/26 9:41 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:38. Wed Feb 26 09:41:03 CST 2025 (crt) |
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Tuesday, February 25, 2025 | ||
37 | 37
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Christopher Norris. (Clerk QC note: No affiliate entered in ECF). |
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36 | 36
![]() First MOTION to Dismiss Complaint with Prejudice filed by Christopher Norris with Brief/Memorandum in Support. Attorney Russell Rolf Reynolds added to party Christopher Norris(pty:dft) |
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35 | 35
![]() ORDER: Before the Court is the Motion for an Extension of Time that Defendants Keisha Ennis, Stacy Franco, and Suzanne Lebet filed on February 24, 2025, requesting that the Court extend the deadline for them to file an answer or otherwise respond to Plaintiffs' Complaint. ECF No.34 . Because the deadline for Defendants Franco and Lebet to respond to the Complaint was yesterday, February 24, 2025, the undersigned sua sponte extends the deadline. Accordingly, Defendants Ennis, Franco, and Lebet shall file their answer or other response to Plaintiffs' Complaint on or before March 3, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/25/2025) (jnp) |
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Monday, February 24, 2025 | ||
34 | 34
![]() MOTION for Extension of Time to File Response to Plaintiffs' Complaint filed by Keisha B. Ennis, Stacy Franco, Suzanne Lebet with Brief/Memorandum in Support.Attorney Kyle Anthony Perkins added to party Keisha B. Ennis(pty:dft), Attorney Kyle Anthony Perkins added to party Stacy Franco(pty:dft), Attorney Kyle Anthony Perkins added to party Suzanne Lebet(pty:dft) (Perkins, Kyle) |
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Att: 1
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33 | 33
![]() ORDER: Before the Court is the Motion to Dismiss and Brief in Support that Defendant Cynthia Gustafson filed on February 20, 2025. ECF No.28 . Plaintiffs shall file their response to the Motion on or before March 13, 2025. Also by that date, Plaintiffs shall file a brief that complies with the Local Civil Rules of the Northern District of Texas. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/24/2025) (jnp) |
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Friday, February 21, 2025 | ||
32 | 32
![]() ORDER: Before the Court is the Motion to Dismiss and Brief in Support filed by Defendants David Evans, Jessy Nevares, and Wayne Salvant, filed on February 20, 2025. ECF No.30 . Plaintiffs shall file their response to the Motion on or before March 13, 2025. Also by that date, Plaintiffs shall file a brief that complies with the Local Civil Rules of the Northern District of Texas. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/21/2025) (jnp) |
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Thursday, February 20, 2025 | ||
31 | 31
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by David Evans, Jessy Nevares, Wayne Salvant. (Clerk QC note: No affiliate entered in ECF). (Hostick, Melissa) |
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30 | 30
![]() MOTION to Dismiss filed by David Evans, Jessy Nevares, Wayne Salvant with Brief/Memorandum in Support.Attorney Melissa Brooke Hostick added to party David Evans(pty:dft), Attorney Melissa Brooke Hostick added to party Jessy Nevares(pty:dft), Attorney Melissa Brooke Hostick added to party Wayne Salvant(pty:dft) (Hostick, Melissa) |
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Att: 1
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29 | 29
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cynthia Gustafson. (Clerk QC note: No affiliate entered in ECF). (Lund, Stephen) |
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28 | 28
![]() MOTION to Dismiss filed by Cynthia Gustafson with Brief/Memorandum in Support. Attorney Stephen Andrew Lund added to party Cynthia Gustafson(pty:dft) (Lund, Stephen) |
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Monday, February 17, 2025 | ||
27 | 27
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Karen L. Rowden, Amber Elliot Tilley. (Clerk QC note: No affiliate entered in ECF). (Jobe, Jason) |
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Friday, February 14, 2025 | ||
26 | 26
![]() ORDER: Plaintiffs shall file their responses to the Motions (ECF Nos.14 ,23 ,24 ) on or before March 6, 2025. Also by that date, Plaintiffs shall file briefs that complies with the Local Civil Rules of the Northern District of Texas. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/14/2025) (jnp) |
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Thursday, February 13, 2025 | ||
25 | 25
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Texas A&M University School of Law. (Clerk QC note: No affiliate entered in ECF). (Hostick, Melissa) |
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24 | 24
![]() MOTION to Dismiss filed by Karen L. Rowden, Amber Elliot Tilley (Jobe, Jason) |
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23 | 23
![]() MOTION to Dismiss filed by Texas A&M University School of Law with Brief/Memorandum in Support.Attorney Melissa Brooke Hostick added to party Texas A&M University School of Law(pty:dft) (Hostick, Melissa) |
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Att: 1
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22 | 22
![]() NOTICE of Attorney Appearance by Jarom Joseph Yates on behalf of Haynes and Boone, LLP, Cecilia Hernandez, Austin Sabin, Brian Singletary. (Filer confirms contact info in ECF is current.) (Yates, Jarom) |
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21 | 21
![]() NOTICE of Attorney Appearance by Benjamin L Mesches on behalf of Haynes and Boone, LLP, Cecilia Hernandez, Austin Sabin, Brian Singletary. (Filer confirms contact info in ECF is current.) (Mesches, Benjamin) |
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20 | 20
![]() NOTICE of Attorney Appearance by Autumn Dawn Highsmith on behalf of Haynes and Boone, LLP, Cecilia Hernandez, Austin Sabin, Brian Singletary. (Filer confirms contact info in ECF is current.) (Highsmith, Autumn) |
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19 | 19
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cecilia Hernandez. (Clerk QC note: No affiliate entered in ECF). (Highsmith, Autumn) |
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18 | 18
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Austin Sabin. (Clerk QC note: No affiliate entered in ECF). (Highsmith, Autumn) |
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17 | 17
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brian Singletary. (Clerk QC note: No affiliate entered in ECF). (Highsmith, Autumn) |
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16 | 16
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Haynes and Boone, LLP. (Clerk QC note: No affiliate entered in ECF). (Highsmith, Autumn) |
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15 | 15
![]() Appendix in Support filed by Haynes and Boone, LLP, Cecilia Hernandez, Austin Sabin, Brian Singletary re14 Motion to Dismiss for Failure to State a Claim (Highsmith, Autumn) |
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14 | 14
![]() Motion to Dismiss for Failure to State a Claim filed by Haynes and Boone, LLP, Cecilia Hernandez, Austin Sabin, Brian Singletary with Brief/Memorandum in Support.Attorney Autumn Dawn Highsmith added to party Haynes and Boone, LLP(pty:dft), Attorney Autumn Dawn Highsmith added to party Cecilia Hernandez(pty:dft), Attorney Autumn Dawn Highsmith added to party Austin Sabin(pty:dft), Attorney Autumn Dawn Highsmith added to party Brian Singletary(pty:dft) (Highsmith, Autumn) |
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Att: 1
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Wednesday, February 05, 2025 | ||
13 | 13
![]() Summons Issued as to Alam Sepulveda Caraballo, Cynthia Gustafson, Jessy Nevares, Sarah Pricer. (jnp) |
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12 | 12
![]() SUMMONS Returned Executed as to David Evans ; served on 1/30/2025; Exp Realty ; served on 2/4/2025; Stacy Franco ; served on 2/1/2025; Maryjo Gutierrez ; served on 2/1/2025; Haynes and Boone, LLP ; served on 1/23/2025; Cecilia Hernandez ; served on 1/23/2025; Tierney Jordan ; served on 2/4/2025; Walsh Jordan ; served on 2/4/2025; Patricia Lamb ; served on 2/1/2025; Suzanne Lebet ; served on 2/1/2025; Christopher Norris ; served on 2/4/2025; Karen L. Rowden ; served on 1/23/2025; Austin Sabin ; served on 1/23/2025; Wayne Salvant ; served on 2/1/2025; Brian Singletary ; served on 1/23/2025; Texas A&M University School of Law ; served on 1/23/2025; Tierney Jordan Network Group ; served on 2/4/2025; Amber Elliot Tilley ; served on 1/23/2025. (jnp) |
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Thursday, January 30, 2025 | ||
11 | 11
![]() ORDER: Because Plaintiff Jose Portalatin has paid the filing fee, the plaintiffs are now responsible for serving the defendants with a summons and a copy of the complaint in this case as Rule 4(c) of the Federal Rules of Civil Procedure provides. If they do not serve the defendants within 90 days after the filing of the complaint, the action is subject to dismissal without prejudice. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/30/2025) (jnp) |
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Att: 1
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Att: 2
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Friday, January 24, 2025 | ||
10 | 10
![]() ORDER: On January 22, 2025, Plaintiff Jose Portalatin paid the $405 filing and administrative fees for this action to the Clerk of Court. The Court therefore DENIES Plaintiffs' applications to proceed in forma pauperis (ECF Nos.6 ,7 ) as moot. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/24/2025) (saw) |
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Thursday, January 23, 2025 | ||
9 | 9
![]() Summons Issued as to Marilyn Cavalie, Keisha B. Ennis, David Evans, Exp Realty, Stacy Franco, Maryjo Gutierrez, Denise Hallmark, Haynes and Boone, LLP, Cecilia Hernandez, Junior Jose Herrera, Tierney Jordan, Walsh Jordan, Patricia Lamb, Suzanne Lebet, Joe Angel Morales, Christopher Norris, Kerry Owens, Karen L. Rowden, Austin Sabin, Wayne Salvant, Brian Singletary, Texas A&M University School of Law, Tierney Jordan Network Group, Amber Elliot Tilley. (jnp) |
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Wednesday, January 22, 2025 | ||
8 | 8
![]() ORDER: Portalatin filed his first application to proceed in forma pauperis (ECF No.5 ) on December 3, 2024. That application is hereby DENIED AS MOOT. Plaintiffs shall pay $405 to the Clerk of Court on or before February 5, 2025. If he fails to do so, the undersigned will recommend denial of leave to proceed IFP, and this case will be subject to dismissal without prejudice as provided by Rule 41(b) of the Federal Rules of Civil Procedure. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/22/2025) (jnp) |
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Monday, December 16, 2024 | ||
7 | 7
![]() MOTION for Leave to Proceed in forma pauperis filed by Jose Portalatin (jnp) |
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6 | 6
![]() MOTION for Leave to Proceed in forma pauperis filed by Jose Barreto (jnp) |
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Tuesday, December 03, 2024 | ||
5 | 5
![]() MOTION for Leave to Proceed in forma pauperis filed by Jose Portalatin (jnp) |
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4 | 4
![]() ORDER AND NOTICE OF DEFICIENCY: Jose Portalatin and Jose Barreto must address the following deficiency: Plaintiffs shall either pay the total filing and administrative fees of $405.00 or fully complete all sections of a long-form application to proceed in forma pauperis for each Plaintiff and return the completed forms on or before December 19, 2024. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). (Clerk's note: Only one address was provided for one of the plaintiffs. Order mailed to the address provided for one plaintiff, Jose Portalatin.) (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/3/2024) (jnp) |
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Att: 1
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misc
Order Receipt
Tue 12/03 10:08 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Tue Dec 3 10:08:39 CST 2024 (crt) |
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Monday, December 02, 2024 | ||
misc
Order Receipt
Mon 12/02 3:53 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 3. Mon Dec 2 15:53:43 CST 2024 (crt) |
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Wednesday, November 27, 2024 | ||
3 | 3
![]() Notice and Instruction to Pro Se Party (jnp) |
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2 | 2
![]() New Case Notes: A filing fee has not been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Hal R. Ray, Jr. preliminarily assigned. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) File to: Appropriate Staff Attorney. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (jnp) |
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1 | 1
![]() COMPLAINT against All Defendants filed by Jose Barreto, Jose Portalatin. 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. (jnp) |