Case docket: Cook v. City of Tyler, Texas et al

Case details

Court:	txed
Docket #:	6:17-cv-00333
Case Name:	Cook v. City of Tyler, Texas et al
PACER case #:	176519
Date filed:	2017-06-05
Date of last filing:	2017-06-05
Assigned to:	Judge Robert W. Schroeder, III
Case Cause:	28:1983 Civil Rights
Nature of Suit:	440 Civil Rights: Other
Jury Demand:	Both
Jurisdiction:	Federal Question

Parties

Represented Party	Attorney & Contact Info
Kerry Max Cook Plaintiff	Michael Kanovitz Loevy & Loevy 311 N. Aberdeen, 3rd Floor Chicago, IL 60607 312-243-5900 Fax: 312-243-5902 Email: mike@loevy.com ATTORNEY TO BE NOTICED Roshna Bala Keen Loevy & Loevy 311 N. Aberdeen, 3rd Floor Chicago, IL 60607 312-243-5900 Fax: 312-243-5902 Email: roshna@loevy.com ATTORNEY TO BE NOTICED Anand Swaminathan Loevy & Loevy 311 N. Aberdeen, 3rd Floor Chicago, IL 60607 312-243-5900 Fax: 312-243-5902 Email: anand@loevy.com ATTORNEY TO BE NOTICED
City of Tyler, Texas Defendant	Michael Keith Dollahite M. Keith Dollahite, PC 5457 Donnybrook Avenue Tyler, TX 75703 903/581-2110 Fax: 903-581-2113 Email: keith@mkdlaw.us LEAD ATTORNEY ATTORNEY TO BE NOTICED David Ellis Dobbs Wharton Law Firm 3311 Woods Boulevard Tyler, TX 75707 903/595-1160 Fax: 9035951999 Email: david@davidedobbs.com ATTORNEY TO BE NOTICED
Smith County, Texas Defendant	Robert Scott Davis Flowers Davis LLP 1021 E.S.E. Loop 323 Suite 200 Tyler, TX 75701 903/534-8063 Fax: 903/534-1650 Email: rsd@flowersdavis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Chad Carlton Rook Flowers Davis LLP 1021 E.S.E. Loop 323 Suite 200 Tyler, TX 75701 903/534-8063 Email: ccr@flowersdavis.com ATTORNEY TO BE NOTICED
Eddie Clark Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Liptak Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas Collard Defendant
Robert Bond Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gerald Hayden Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nelson Downing Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Fred Mayo Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth Findley Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald Scott Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronnie Malloch Defendant
Marvin T. McLeroy Defendant
Stuart Dowell Defendant
Robert Wickham Defendant	Robert Scott Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Chad Carlton Rook (See above for address) ATTORNEY TO BE NOTICED
Jake Massey Defendant
J.B. Smith Defendant	Robert Scott Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Chad Carlton Rook (See above for address) ATTORNEY TO BE NOTICED
Gene Carlson Defendant
Jimmy Toler Defendant	Michael Keith Dollahite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Smith Defendant	Robert Scott Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Chad Carlton Rook (See above for address) ATTORNEY TO BE NOTICED
Unknown Tyler Police Officers Defendant
Unknown Smith County Sheriff's Deputies Defendant

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2017-06-05	1	0		COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6323577.), filed by Kerry Max Cook. (Attachments: # 1 Civil Cover Sheet)(Swaminathan, Anand) (Entered: 06/05/2017)	2017-06-06 23:07:17	d596d19ec2a08acde6c50b940957971452f680af
	1	1	Civil Cover Sheet
2017-06-05	2	0		NOTICE of Attorney Appearance - Pro Hac Vice by Anand Swaminathan on behalf of Kerry Max Cook. Filing fee $ 100, receipt number 0540-6323587. (Swaminathan, Anand) (Entered: 06/05/2017)
2017-06-05	3	0		NOTICE of Attorney Appearance - Pro Hac Vice by Roshna Bala Keen on behalf of Kerry Max Cook. Filing fee $ 100, receipt number 0540-6323590. (Keen, Roshna) (Entered: 06/05/2017)
2017-06-05	4	0		NOTICE of Attorney Appearance - Pro Hac Vice by Michael Kanovitz on behalf of Kerry Max Cook. Filing fee $ 100, receipt number 0540-6323593. (Kanovitz, Michael) (Entered: 06/05/2017)
2017-06-29	5	0		SUMMONS Issued as to City of Tyler, Texas, Eddie Clark, Stuart Dowell, Nelson Downing, Kenneth Findley, Gerald Hayden, Eric Liptak, Jake Massey, Marvin T. McLeroy, J.B. Smith, Larry Smith, Smith County, Texas, Jimmy Toler, Robert Wickham. (Attachments: # 1 Summons(es), # 2 Summons(es), # 3 Summons(es), # 4 Summons(es), # 5 Summons(es), # 6 Summons(es), # 7 Summons(es), # 8 Summons(es), # 9 Summons(es), # 10 Summons(es), # 11 Summons(es), # 12 Summons(es), # 13 Summons(es))(mll, ) (Entered: 06/29/2017)
2017-07-21	6	0		ANSWER to 1 Complaint by Robert Bond, City of Tyler, Texas, Eddie Clark, Nelson Downing, Kenneth Findley, Gerald Hayden, Eric Liptak, Fred Mayo, Ronald Scott, Jimmy Toler.(Dollahite, Michael) (Entered: 07/21/2017)	2017-07-21 17:58:14	afa9388a856520efee48b467c9ccd8070ddb0187
2017-07-26	7	0		Original ANSWER to 1 Complaint (Affirmative Defenses and Jury Demand) by Smith County, Texas.(Davis, Robert) (Entered: 07/26/2017)
2017-07-26	8	0		MOTION to Dismiss or, in the Alternative, Motion for a More Definite Statement or, in the Alternative, Request for a Rule 7(a) Reply on the Issue of Qualified Immunity by J.B. Smith. (Attachments: # 1 Text of Proposed Order)(Davis, Robert) (Entered: 07/26/2017)
2017-07-26	9	0		Conditional ANSWER to 1 Complaint (Affirmative Defenses and Jury Demand) by J.B. Smith.(Davis, Robert) (Entered: 07/26/2017)
2017-07-26	10	0		MOTION to Dismiss by Larry Smith. (Attachments: # 1 Text of Proposed Order)(Davis, Robert) (Entered: 07/26/2017)
2017-07-26	11	0		Conditional ANSWER to 1 Complaint (Affirmative Defenses and Jury Demand) by Larry Smith.(Davis, Robert) (Entered: 07/26/2017)
2017-07-26	12	0		MOTION to Dismiss or, in the Alternative, Motion for a More Definite Statement or, in the Alternative, Request for a Rule 7(a) Reply on the Issue of Qualified Immunity by Robert Wickham. (Attachments: # 1 Text of Proposed Order)(Davis, Robert) (Entered: 07/26/2017)
2017-07-26	13	0		Conditional ANSWER to 1 Complaint (Affirmative Defenses and Jury Demand) by Robert Wickham.(Davis, Robert) (Entered: 07/26/2017)
2017-07-26	14	0		NOTICE of Attorney Appearance by Chad Carlton Rook on behalf of J.B. Smith, Larry Smith, Smith County, Texas, Robert Wickham (Rook, Chad) (Entered: 07/26/2017)
2017-07-28	15	0		SUMMONS Returned Executed by Kerry Max Cook. Gerald Hayden served on 7/8/2017, answer due 7/31/2017. (rlf) (Entered: 07/28/2017)
2017-07-28	16	0		SUMMONS Returned Executed by Kerry Max Cook. Eric Liptak served on 7/7/2017, answer due 7/28/2017. (rlf) (Entered: 07/28/2017)
2017-07-28	17	0		SUMMONS Returned Executed by Kerry Max Cook. Robert Wickham served on 7/7/2017, answer due 7/28/2017. (rlf) (Entered: 07/28/2017)
2017-07-28	18	0		SUMMONS Returned Executed by Kerry Max Cook. Eddie Clark served on 7/7/2017, answer due 7/28/2017. (rlf) (Entered: 07/28/2017)
2017-07-28	19	0		SUMMONS Returned Executed by Kerry Max Cook. Nelson Downing served on 7/8/2017, answer due 7/31/2017. (rlf) (Entered: 07/28/2017)
2017-07-28	20	0		*FILED IN ERROR. PLEASE DISREGARD.*SUMMONS Returned Executed by Kerry Max Cook. Jimmy Toler served on 7/5/2017, answer due 7/26/2017. (rlf) Modified on 7/28/2017 (rlf). (Entered: 07/28/2017)
2017-07-28	21	0		SUMMONS Returned Executed by Kerry Max Cook. Jimmy Toler served on 7/3/2017, answer due 7/24/2017. (rlf) (Entered: 07/28/2017)
2017-07-28	22	0		SUMMONS Returned Executed by Kerry Max Cook. Smith County, Texas served on 7/6/2017, answer due 7/27/2017. (rlf) (Entered: 07/28/2017)
2017-07-28	23	0		SUMMONS Returned Executed by Kerry Max Cook. Larry Smith served on 7/10/2017, answer due 7/31/2017. (rlf) (Entered: 07/28/2017)
2017-08-03	24	0		NOTICE of Attorney Appearance by David Ellis Dobbs on behalf of City of Tyler, Texas (Dobbs, David) (Entered: 08/03/2017)
2017-08-04	25	0		*FILED IN ERROR. PLEASE DISREGARD.*Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motions to Dismiss by Kerry Max Cook. (Attachments: # 1 Text of Proposed Order)(Swaminathan, Anand) Modified on 8/7/2017 (rlf). (Entered: 08/04/2017)
2017-08-07	26	0		Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motions to Dismiss by Kerry Max Cook. (Attachments: # 1 Text of Proposed Order)(Swaminathan, Anand) (Entered: 08/07/2017)
2017-08-09	27	0		SUMMONS Issued as to Robert Bond, Fred Mayo, Ronald Scott, and emailed to pltf for service. (Attachments: # 1 Summons(es), # 2 Summons(es))(mll, ) (Entered: 08/09/2017)
2017-08-09	28	0		ORDER granting 26 Motion for Extension of Time to File Responses to Defendants' Motions to Dismiss. IT IS THEREFORE ORDERED that Plaintiff's Motion for an Extension to August 23, 2017 to respond to Defendants' motions to dismiss is GRANTED. Signed by Judge Robert W. Schroeder, III on 8/9/2017. (rlf) (Entered: 08/09/2017)
2017-08-14	29	0		SUMMONS Returned Executed by Kerry Max Cook. Kenneth Findley served on 8/9/2017, answer due 8/30/2017. (rlf) (Entered: 08/14/2017)
2017-08-14	30	0		SUMMONS Returned Executed by Kerry Max Cook. Ronald Scott served on 8/9/2017, answer due 8/30/2017. (rlf) (Entered: 08/14/2017)
2017-08-14	31	0		SUMMONS Returned Executed by Kerry Max Cook. Robert Bond served on 8/9/2017, answer due 8/30/2017. (rlf) (Entered: 08/14/2017)
2017-08-14	32	0		SUMMONS Returned Executed by Kerry Max Cook. Fred Mayo served on 8/9/2017, answer due 8/30/2017. (rlf) (Entered: 08/14/2017)
2017-08-14	33	0		SUMMONS Returned Executed by Kerry Max Cook. J.B. Smith served on 7/31/2017, answer due 8/21/2017. (rlf) (Entered: 08/14/2017)
2017-08-22	34	0		Second MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss or, in the Alternative, Motion for a More Definite Statement or, in the Alternative, Request for a Rule 7(a) Reply on the Issue of Qualified Immunity, 8 MOTION to Dismiss or, in the Alternative, Motion for a More Definite Statement or, in the Alternative, Request for a Rule 7(a) Reply on the Issue of Qualified Immunity, 10 MOTION to Dismiss by Kerry Max Cook. (Attachments: # 1 Exhibit 1 - Proposed Order)(Swaminathan, Anand) (Entered: 08/22/2017)
2017-08-23	35	0		NOTICE by Kerry Max Cook re 34 Second MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss or, in the Alternative, Motion for a More Definite Statement or, in the Alternative, Request for a Rule 7(a) Reply on the Issue of Qualified Immunity, [8 That Dkt. 34 (Mtn for Extension) is Unopposed (Swaminathan, Anand) (Entered: 08/23/2017)
2017-08-23	36	0		AFFIDAVIT of Service for Summons served on Marvin McLeroy on 8/9/2017, filed by Kerry Max Cook. (rlf) (Entered: 08/23/2017)
2017-08-23	37	0		ORDER granting 34 Motion for Extension of Time to File Response to Defendants' Motions to Dismiss. It is therefore ORDERED that Plaintiffs shall file any response to Defendants' Motion to Dismiss by September 6, 2017. Signed by Judge Robert W. Schroeder, III on 8/23/2017. (rlf) (Entered: 08/23/2017)
2017-08-28	38	0		MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Marvin T. McLeroy. (Attachments: # 1 Text of Proposed Order)(Warren, Kelsey) (Entered: 08/28/2017)
	38	1	Text of Proposed Order