| Date Filed | Doc # | Docket Text |
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| 2019-08-28 | 1 | COMPLAINT against Housing and Urban Development filed by Harold Phelan. (Filing fee $400; Receipt number 0539-10226170) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Cover Sheet) (Mayfield, Kimberly) (Entered: 08/28/2019) |
| 2019-08-28 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Harold Phelan. (Mayfield, Kimberly) (Entered: 08/28/2019) |
| 2019-08-29 | 3 | New Case Notes: A filing fee has been paid. File to: Judge Means. 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. (wxc) (Entered: 08/29/2019) |
| 2019-08-29 | 4 | Summons Issued as to Housing and Urban Development. (wxc) (Main Document 4 replaced on 8/30/2019) (wxc). (Entered: 08/29/2019) |
| 2019-09-13 | 5 | SUMMONS Returned Executed as to Housing and Urban Development ; served on 9/6/2019. (Mayfield, Kimberly) (Entered: 09/13/2019) |
| 2019-10-03 | 6 | MOTION to Dismiss for Lack of Jurisdiction filed by Housing and Urban Development with Brief/Memorandum in Support. Attorney Tami C Parker-DOJ added to party Housing and Urban Development(pty:dft) (Parker-DOJ, Tami) (Entered: 10/03/2019) |
| 2019-10-03 | 7 | Appendix in Support filed by Housing and Urban Development re 6 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit(s)) (Parker-DOJ, Tami) (Entered: 10/03/2019) |
| 2019-10-05 | 8 | AMENDED COMPLAINT against Harold L. Phelan filed by Harold L. Phelan. 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: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Mayfield, Kimberly) (Entered: 10/05/2019) |
| 2019-10-05 | 9 | RESPONSE filed by Harold L. Phelan re: 6 MOTION to Dismiss for Lack of Jurisdiction (Mayfield, Kimberly) (Entered: 10/05/2019) |
| 2019-10-08 | 10 | ORDER DENYING MOTION TO DISMISS AS MOOT 6 ... Pending before the Court is Defendant's Motion to Dismiss (doc. 6). After the filing of the motion, Plaintiff filed his amended complaint. As a result of the filing of the amended complaint, the Court concludes that the Motion to Dismiss, which challenges a pleading that has now been amended, should be and hereby is DENIED as moot. (Ordered by Senior Judge Terry R Means on 10/8/2019) (wxc) (Entered: 10/08/2019) |
| 2019-10-22 | 11 | ANSWER to 8 Amended Complaint filed by Housing and Urban Development. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Parker-DOJ, Tami) Modified linkage on 10/22/2019 (mla). (Entered: 10/22/2019) |
| 2020-01-14 | 12 | ORDER TO SUBMIT JOINT STATUSREPORT_AND PROPOSED DISCOVERY PLAN... The parties are ordered to electronically file with the clerk of the court the signed joint status report and proposed discovery plan (one instrument) within 28 days of the date of the filing of this order. (Ordered by Senior Judge Terry R Means on 1/14/2020) (wxc) (Entered: 01/14/2020) |
| 2020-01-30 | 13 | Joint STATUS REPORT and Proposed Discovery Plan filed by Harold L. Phelan. (Mayfield, Kimberly) (Entered: 01/30/2020) |
| 2020-02-21 | 14 | NOTICE of Attorney Appearance by Graigory Brooks Fancher on behalf of Harold L. Phelan. (Filer confirms contact info in ECF is current.) (Fancher, Graigory) (Entered: 02/21/2020) |
| 2020-03-31 | 15 | Unopposed MOTION to Consolidate Cases filed by Harold L. Phelan (Attachments: # 1 Proposed Order) (Mayfield, Kimberly) (Entered: 03/31/2020) |
| 2020-03-31 | 16 | Brief/Memorandum in Support filed by Harold L. Phelan re 15 Unopposed MOTION to Consolidate Cases (Mayfield, Kimberly) (Entered: 03/31/2020) |
| 2020-03-31 | 17 | Appendix in Support filed by Harold L. Phelan re 16 Brief/Memorandum in Support of Motion (Mayfield, Kimberly) (Entered: 03/31/2020) |
| 2020-04-01 | 18 | ORDER OF TRANSFER FOR POSSIBLE CONSOLIDATION...It has come to the Court's attention that the above-styled and numbered cause may involve similar factual and legal issues as Civil Action No. 4:20-CV-064-O, a case which is currently pending before United States District Judge Reed OConnor. Consequently, this Court is of the opinion that the above-styled and numbered cause should be and it is hereby TRANSFERRED to the docket of the Judge OConnor for possible consolidation with case number 4:20-CV-064-O. Case reassigned to Judge Reed C. O'Connor for all further proceedings. Senior Judge Terry R Means no longer assigned to case. (Ordered by Senior Judge Terry R Means on 4/1/2020) (wxc) (Entered: 04/01/2020) |
| 2020-04-01 | 19 | New Case Notes: A filing fee has been paid. File to: Judge O Connor. 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. (wxc) (Entered: 04/01/2020) |
| 2020-04-02 | 20 | ORDER CONSOLIDATING CASES: Member case(s) 4:20-cv-64-O consolidated with lead case 4:19-cv-677-O. (Ordered by Judge Reed C. O'Connor on 4/2/2020) (wxc) (Entered: 04/02/2020) |
| 2020-04-03 | 21 | SCHEDULING ORDER... the Court ORDERS that: 1. The Vaughn index shall be produced on or before May 29, 2020; 2. Any request to amend the pleadings must be filed within thirty days of the date Defendant files a Vaughn index; and 3. Any dispositive motion must be filed within ninety days of the date Defendant files a Vaughn index. (Ordered by Judge Reed C. O'Connor on 4/3/2020) (wxc) (Entered: 04/03/2020) |
| 2020-06-10 | 22 | ORDER... On April 3, 2020, the Court issued a Scheduling Order directing the parties to file the Vaughn index on or before May 29, 2020. See Scheduling Order (ECF No. 21). That time has now passed, and no Vaughn index has been filed. Accordingly, the Court hereby DIRECTS the parties to comply with the Courts April 3, 2020 Scheduling Order. The deadline to file the Vaughn index is Monday, June 15, 2020. Failure to comply may result in dismissal of this matter. (Ordered by Judge Reed C. O'Connor on 6/10/2020) (wxc) (Entered: 06/10/2020) |
| 2020-06-10 | 23 | NOTICE of Filing of Vaughn Indices filed by Housing and Urban Development (Attachments: # 1 Exhibit(s) Vaughn Index (19-CV-677), # 2 Exhibit(s) Vaughn Index (20-CV-64)) (Parker-DOJ, Tami) (Entered: 06/10/2020) |
| 2020-06-26 | 24 | MOTION for Leave to File Second Amended Complaint filed by Harold L. Phelan with Brief/Memorandum in Support. (Fancher, Graigory) (Entered: 06/26/2020) |
| 2020-07-17 | 25 | RESPONSE AND OBJECTION filed by Housing and Urban Development re: 24 MOTION for Leave to File Second Amended Complaint (Parker-DOJ, Tami) (Entered: 07/17/2020) |
| 2020-07-21 | 26 | REPLY filed by Harold L. Phelan re: 24 MOTION for Leave to File Second Amended Complaint (Fancher, Graigory) (Entered: 07/21/2020) |
| 2020-08-26 | 27 | MOTION Joint Motion to Modify the Scheduling Order re 22 Order,, filed by Housing and Urban Development with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Parker-DOJ, Tami) (Entered: 08/26/2020) |
| 2020-08-27 | 28 | ORDER granting 24 , 27 ...the Court GRANTS Plaintiffs Motion for Leave to File Second Amended Complaint for Declaratory, Injunctive, and Other Appropriate Relief (ECF No. 24), and DIRECTS Plaintiff to file the proposed Second Amended Complaint, currently attached as an exhibit to its motion, on or before August 28, 2020. Further, the Court GRANTS the parties Joint Motion to Modify Scheduling Order (ECF No. 27). Absent good cause shown, no further extensions of the dates set forth above will be permitted. (Ordered by Judge Reed C. O'Connor on 8/27/2020) (wxc) (Entered: 08/27/2020) |
| 2020-08-27 | 29 | AMENDED COMPLAINT against Housing and Urban Development filed by Harold L. Phelan. 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: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Fancher, Graigory) (Entered: 08/27/2020) |
| 2020-09-10 | 30 | MOTION to Strike Specific Allegations in Plaintiffs Second Amended Complaint filed by Housing and Urban Development with Brief/Memorandum in Support. (Parker-DOJ, Tami) (Entered: 09/10/2020) |
| 2020-09-10 | 31 | ANSWER to Complaint filed by Housing and Urban Development. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. 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. (Parker-DOJ, Tami) (Entered: 09/10/2020) |
| 2020-09-11 | 32 | NOTICE of Filing of Vaughn Index filed by Housing and Urban Development (Attachments: # 1 Exhibit(s) Supplemental Vaughn Index) (Parker-DOJ, Tami) (Entered: 09/11/2020) |
| 2020-10-01 | 33 | RESPONSE filed by Harold L. Phelan re: 30 MOTION to Strike Specific Allegations in Plaintiffs Second Amended Complaint (Fancher, Graigory) (Entered: 10/01/2020) |
| 2020-10-01 | 34 | MOTION for Leave to File Third Amended Complaint for Declaratory, Injunctive, and Other Appropriate Relief filed by Harold L. Phelan (Fancher, Graigory) (Entered: 10/01/2020) |
| 2020-10-15 | 35 | REPLY filed by Housing and Urban Development re: 30 MOTION to Strike Specific Allegations in Plaintiffs Second Amended Complaint (Parker-DOJ, Tami) (Entered: 10/15/2020) |
| 2020-10-22 | 36 | OBJECTION filed by Housing and Urban Development re: 34 MOTION for Leave to File Third Amended Complaint for Declaratory, Injunctive, and Other Appropriate Relief (Parker-DOJ, Tami) (Entered: 10/22/2020) |
| 2020-10-29 | 37 | REPLY filed by Harold L. Phelan re: 34 MOTION for Leave to File Third Amended Complaint for Declaratory, Injunctive, and Other Appropriate Relief (Fancher, Graigory) (Entered: 10/29/2020) |
| 2020-10-30 | 38 | ORDER... Based on the foregoing, the Court DENIES Plaintiffs Motion for Leave to File Third Amended Complaint for Declaratory, Injunctive, and Other Appropriate Relief (ECF No. 34 ). Further, the Court GRANTS in part and DENIES in part as moot Defendants Motion to Strike Specific Allegations in Plaintiffs Second Amended Complaint (ECF No. 30 ). Specifically, the Court DENIES as moot HUDs Motion to Strike with respect to paragraphs 15, 56, 57, 60, and 61, and those portions of paragraphs 36, 40, and 59 which Phelan has agreed to delete. The Court GRANTS HUDs Motion to Strike in all other respects and hereby STRIKES paragraphs 811, 1516, 1822, 36, 40, 45, and 5661 from the Second Amended Complaint. The Court directs Phelan to file an amended pleading in conformity with the Courts ruling on or before three days from the entry of this Order. (Ordered by Judge Reed C. O'Connor on 10/30/2020) (wxc) (Entered: 10/30/2020) |
| 2020-11-02 | 39 | AMENDED COMPLAINT (Revised Second) against Housing and Urban Development filed by Harold L. Phelan. 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: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Fancher, Graigory) (Entered: 11/02/2020) |
| 2020-11-10 | 40 | NOTICE of Agreement in Principle to Settle filed by Harold L. Phelan (Fancher, Graigory) (Entered: 11/10/2020) |
| 2020-11-30 | 41 | STIPULATION OF DISMISSAL by Harold L. Phelan. (Fancher, Graigory) (Entered: 11/30/2020) |
| 2020-11-30 | | Civil Case Terminated Per Stipulation of Dismissal 41 . (wxc) (Entered: 11/30/2020) |
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