Case details

Court: txwd
Docket #: 1:07-cv-00315
Case Name: Franks et al v. Williamson County et al
PACER case #: 235915
Date filed: 2007-04-24
Date terminated: 2008-02-06
Assigned to: Judge Lee Yeakel
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
John Henry Franks
Plaintiff
 
John Henry Franks
2602 Eastwood Drive
Round Rock, TX 78664
(512)699-7866
PRO SE
Betty Cobb
Plaintiff
 
Betty Cobb
% Donna K. Ferrell, CPA
2007 North Mays, Suite 101
Round Rock, TX 78664
PRO SE
Daniel L. Simon
Plaintiff
 
Daniel L. Simon
5650 C.R. 200
Liberty Hill, TX 78642
512-228-9416
Email: danlsimon@hotmail.com
PRO SE
Charles Edward Lincoln, III
Plaintiff
 
Charles Edward Lincoln, III
#31679-018
Grady County Law Enforcement Center
215 North 3rd Street
Chickasha, OK 73018
PRO SE
Michael Houghton
Plaintiff
 
Michael Houghton
274 Andover Ridge Court
Henderson, NV 89012
(702) 301-9019
Fax: (512) 918-9589
PRO SE
Williamson County
Defendant
Judge Tim L. Wright
Defendant
Judge Don Higginbotham
Defendant
Judge John McMaster
Defendant
Jana Duty
Defendant
WILLCo County Attorney
John Bradley
Defendant
WILLCo., Dist. Atty.
James Wilson
Defendant
WILLCo Sheriff
Judge Don B. Morgan
Defendant
Judge James F. Clawson
Defendant
Judge B. B. Schraub
Defendant
 
Kathlyn C. Wilson
Attorney General Of Texas
P.O. Box 12548
Capitol Station
Austin, TX 78711-2548
(512)463-2120
Fax: 512/320-0667
Email: kcw@oag.state.tx.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Judge Michael Jergins
Defendant
Texas Atty. Gen. Greg Abbott
Defendant
 
Kathlyn C. Wilson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
J. Randall Grimes
Defendant
Steven Copenhaver
Defendant
Laurie J. Nowlin
Defendant
 
Jeffrey D. Otto
Thompson, Coe, Cousins & Irons, L.L.P.
701 Brazos, Suite 1500
Austin, TX 78701
(512) 708-8200
Fax: 512/708-8777
Email: jotto@thompsoncoe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael B. Johnson
Thompson Coe Cousins & Irons
701 Brazos
Suite 1500
Austin, TX 78701
(512)703-5029
Fax: 512/708-8777
Email: mjohnson@thompsoncoe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-04-24 1 0 COMPLAINT ( Filing fee $ 350 receipt number 405939), filed by John Henry Franks, Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III. (Attachments: # 1 complaint contd# 2 Exhibit)(ja, ) (Entered: 04/24/2007)
2007-04-24 2 0 Summons Issued as to Steven Copenhaver, Laurie J. Nowlin. (ja, ) (Entered: 04/24/2007)
2007-05-15 3 0 MOTION for Leave to Exceed Page Limitation by Laurie J. Nowlin. (Attachments: # 1 Proposed Order Proposed Order for Motion for Leave to Exceed Page Limitation)(Johnson, Michael) (Entered: 05/15/2007)
2007-05-15 4 0 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support by Laurie J. Nowlin. (Johnson, Michael) (Entered: 05/15/2007)
2007-05-15 5 0 DEFICIENCY NOTICE: re 4 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (dm, ) (Entered: 05/16/2007)
2007-05-16 6 0 ATTACHMENT proposed Order to 4 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support by Laurie J. Nowlin. (Johnson, Michael) (Entered: 05/16/2007)
2007-05-17 7 0 ORDER granting 3 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (dm, ) (Entered: 05/18/2007)
2007-05-30 8 0 MOTION to Strike 3 Nowlin's Motion to exceed page limits;... MOTION to Dismiss 4 MOTION to Dismiss for Lack of Jurisdiction;... and MOTION to Vacate 7 Order... by Charles Edward Lincoln, III. (Attachments: # 1 Exhibit # 2)(jg3, ) Modified on 5/31/2007 to correct dkt text (jg3, ). (Entered: 05/31/2007)
2007-06-01 9 0 NOTICE of Change of Address by Charles Edward Lincoln, III (dm, ) (Entered: 06/04/2007)
2007-06-01 10 0 MOTION to Strike 3 Motion for Leave to Exceed Page Limit 4 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support, MOTION to Vacate re: 7 Order on Motion for Leave to File Excess Pages by John Henry Franks, Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III. (Attachments: # 1 Exhibit # 2 Exhibit)(dm, ) (Entered: 06/04/2007)
2007-06-11 11 0 Response in Opposition to Motion, filed by Laurie J. Nowlin, re 10 MOTION to Strike 4 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION to Vacate 7 Order on Motion for Leave to File Excess Pages MOTION to Strike 4 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION to Vacate 7 Order on Motion for Leave to File Excess Pages filed by Plaintiff Daniel L. Simon, Plaintiff John Henry Franks, Plaintiff Charles Edward Lincoln, III, Plaintiff Betty Cobb Laurie Nowlin's Response In Opposition to Plaintiff's First Amended Motion to Strike Motion for Leave to Exceed Page Limitation, Motion to Dismiss for Failure to Comply with Local Rules, and Motion to Vacate Order Approving Same (Johnson, Michael) (Entered: 06/11/2007)
2007-06-11 12 0 ATTACHMENT to 11 Response in Opposition to Motion,,, by Laurie J. Nowlin. (Attachments: # 1 Proposed Order Order on Motion to Strike Motion to Leave to Exceed Page Limitation, Motion to Dismiss for Failure to Comply with Local Rules and Motion to Vacate Order Approving Same)(Johnson, Michael) (Entered: 06/11/2007)
2007-06-11 13 0 Opposed MOTION for Leave to Exceed Page Limitation Nunc Pro Tunc by Laurie J. Nowlin. (Johnson, Michael) (Entered: 06/11/2007)
2007-06-25 14 0 RESPONSE to Motion, filed by Charles Edward Lincoln, III, re 13 Opposed MOTION for Leave to Exceed Page Limitation Nunc Pro Tunc filed by Defendant Laurie J. Nowlin (dm, ) (Entered: 06/26/2007)
2007-07-30 15 0 AMENDED COMPLAINT against Jana Duty, John Bradley, James Wilson, Don B. Morgan, James F. Clawson, B. B. Schraub, Michael Jergins, Greg Abbott, J. Randall Grimes, Steven Copenhaver, Laurie J. Nowlin, Williamson County, Tim L. Wright, Don Higginbotham, John McMaster amending 1 Complaint., filed by John Henry Franks, Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III. (Attachments: # 1 Amended Complaint part 2# 2 Amended Complaint part 3)(dm, ) (Entered: 07/30/2007)
2007-07-27 16 0 NOTICE of Sending Notices of Lawsuit and Requests for Waiver of Service of Summons by John Henry Franks, Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III, Michael Houghton (dm, ) (Entered: 07/30/2007)
2007-07-30 17 0 AMENDED NOTICE by John Henry Franks, Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III, Michael Houghton re 16 Notice of Sending Notices of Lawsuit and Request for Waiver of Service of Summons (dm, ) (Entered: 07/31/2007)
2007-08-02 18 0 MOTION to Strike Plaintiffs' First Amended Complaint by Laurie J. Nowlin. (Attachments: # 1 Proposed Order Granting Motion to Strike)(Johnson, Michael) (Entered: 08/02/2007)
2007-08-13 19 0 RESPONSE to Motion, filed by Daniel L. Simon, re 18 MOTION to Strike Plaintiffs' First Amended Complaint filed by Defendant Laurie J. Nowlin (dm, ) (Entered: 08/14/2007)
2007-08-22 20 0 NOTICE of Compliance to FRCP Rule 4 Subparts D and M by Daniel L. Simon (Attachments: # 1 Exhibit)(dm, ) (Entered: 08/23/2007)
2007-09-13 21 0 ORDER REFERRING MOTION: 4 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Laurie J. Nowlin. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Robert Pitman. (td, ) (Entered: 09/13/2007)
2007-09-14 22 0 NOTICE of Filing Supplemental Authority by Daniel L. Simon, Charles Edward Lincoln, III (td, ) (Entered: 09/17/2007)
2007-09-21 24 0 ORDER mooting 4 Motion to Dismiss for Lack of Jurisdiction ; mooting 8 Motion to Strike ; mooting 8 Motion to Dismiss ; mooting 8 Motion to Vacate ; denying 10 Motion to Strike ; denying 10 Motion to Vacate ; dismissing 13 Motion for Leave to File Excess Pages; denying 18 Motion to Strike Signed by Judge Robert Pitman. (dm, ) (Entered: 09/24/2007)
2007-10-02 25 0 REPORT AND RECOMMENDATIONS, The undersigned RECOMMENDS that the District Court GRANT Defendant Laurie Nowlins Motion to Dismiss (dkt. #4) as set forth herein. Signed by Judge Robert Pitman. (dm, ) (Entered: 10/02/2007)
2007-10-04 26 0 Certified mail acknowledgment receipt for magistrate report and recommendations re 25 Report and Recommendations as to Betty Cobb. (td, ) (Entered: 10/04/2007)
2007-10-04 27 0 Summons Issued as to Jana Duty, John Bradley, James Wilson, B. B. Schraub, J. Randall Grimes, Steven Copenhaver, Tim L. Wright. (dm, ) (Entered: 10/05/2007)
2007-10-05 28 0 Summons Issued as to Don B. Morgan, James F. Clawson, Michael Jergins, Greg Abbott. (dm, ) (Entered: 10/09/2007)
2007-10-05 29 0 SUMMONS Returned Executed by Charles Edward Lincoln, III. Greg Abbott served on 10/5/2007, answer due 10/25/2007. (dm, ) (Entered: 10/09/2007)
2007-10-05 30 0 MOTION to Dismiss by B. B. Schraub. (dm, ) (Entered: 10/09/2007)
2007-10-09 31 0 MOTION for Extension of Time to File Objections to Magistrate's October 2, 2007 Report and Recommendation by Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III. (dm, ) (Entered: 10/10/2007)
2007-10-16 33 0 RESPONSE to Motion, filed by Laurie J. Nowlin, re 31 MOTION for Extension of Time to File filed by Plaintiff Daniel L. Simon, Plaintiff Charles Edward Lincoln, III, Plaintiff Betty Cobb for Enlargment of Time to File Objections to Magistrate's October 2, 2007 Report and Recommendations (Attachments: # 1 Proposed Order)(Johnson, Michael) (Entered: 10/16/2007)
2007-10-22 34 0 MOTION for Leave to Exceed Page Limitation by Charles Edward Lincoln, III. (td, ) (Entered: 10/23/2007)
2007-10-22 35 0 RESPONSE to Motion, filed by Charles Edward Lincoln, III, re 30 MOTION to Dismiss filed by Defendant B. B. Schraub (td, ) (Entered: 10/23/2007)
2007-10-22 36 0 NOTICE of Change of Address by Charles Edward Lincoln, III (dm, ) (Entered: 10/23/2007)
2007-10-24 37 0 ORDER granting in part and denying in part 31 Motion for Extension of Time to File Signed by Judge Lee Yeakel. (dm, ) (Entered: 10/24/2007)
2007-10-25 38 0 MOTION to Dismiss by Greg Abbott. (Attachments: # 1 Proposed Order)(Wilson, Kathlyn) (Entered: 10/25/2007)
2007-11-08 41 0 MOTION for Leave to Exceed Page Limitation by Charles Edward Lincoln, III. (dm, ) (Entered: 11/08/2007)
2007-11-08 42 0 RESPONSE to Motion, filed by Charles Edward Lincoln, III, re 38 MOTION to Dismiss filed by Defendant Greg Abbott (dm, ) (Entered: 11/08/2007)
2007-11-16 44 0 ORDER dismissing 41 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (dm, ) (Entered: 11/16/2007)
2007-11-16 45 0 MOTION for Leave to Exceed Page Limitation by Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III. (dm, ) (Entered: 11/16/2007)
2007-11-16 46 0 OBJECTION to 25 Report and Recommendations by Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III.. (dm, ) (Entered: 11/16/2007)
2007-11-19 47 0 NOTICE of Authority to Sign as Agent by Peyton Yates Freiman. (Attachments: # 1 Exhibit)(dm, ) (Entered: 11/21/2007)
2007-11-26 48 0 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations, ORDER TO SHOW CAUSE as to John Henry Franks, Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III, Michael Houghton.Show Cause Response due by 12/17/2007. Signed by Judge Lee Yeakel. (dm, ) (Entered: 11/26/2007)
2007-12-03 49 0 OBJECTION to 25 Report and Recommendations by Betty Cobb, Daniel L. Simon, Michael Houghton.. (Attachments: # 1 Exhibit)(dm, ) (Entered: 12/03/2007)
2007-12-04 50 0 MOTION for Leave to Exceed Page Limitation (Filed Nunc Pro Tunc to November 8, 2007) by Charles Edward Lincoln, III. (Attachments: # 1 Exhibit)(dm, ) (Entered: 12/04/2007)
2007-12-06 51 0 ORDER REASSIGNING CASE. Case reassigned to Judge Walter S. Smith for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (dm, ) (Entered: 12/07/2007)
2008-01-09 52 0 ORDERED that Plaintiff's request that Judge Yeakel be recused (found in 46 Objection to Report and Recommendations) filed by Daniel L. Simon, Charles Edward Lincoln, III, Betty Cobb is DENIED. Signed by Judge Walter S. Smith. (dm, ) (Entered: 01/10/2008)
2008-01-18 54 0 ORDER TO SHOW CAUSE as to John Henry Franks, Betty Cobb, Daniel L. Simon, Charles Edward Lincoln, III, Michael Houghton. Show Cause Response due by 1/28/2008. Signed by Judge Lee Yeakel. (dm, ) (Entered: 01/18/2008)
2008-01-28 56 0 MOTION to Dismiss by Charles Edward Lincoln, III. (dm, ) (Entered: 01/29/2008)
2008-01-28 57 0 MOTION to Dismiss Claims in Above Numbered Action by Betty Cobb, Daniel L. Simon. (dm, ) (Entered: 01/29/2008)
2008-02-06 58 0 ORDER granting 56 Motion to Dismiss ; granting 57 Motion to Dismiss Signed by Judge Lee Yeakel. (Attachments: # 1 Exhibit) (dm, ) (Entered: 02/06/2008)
2008-02-06 59 0 FINAL JUDGMENT. Signed by Judge Lee Yeakel. (dm, ) (Entered: 02/06/2008)