N.D. Tex. 3:18-cv-01161 Docket
Bailey v. Mansfield Independent School District
No. 3:18-cv-01161, Case History (under construction)
Court: Northern District of Texas (Dallas)
Assigned to: Judge Sam A Lindsay
| Date Filed | # | Docket Text |
| 05/08/2018 | 1 | COMPLAINT WITH JURY DEMAND against All Defendants filed by Stacy Bailey. (Filing fee $400; Receipt number 0539-9173251) Summons(es) not requested at this time. 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 Cover Sheet) (Smith, Jason) (Entered: 05/08/2018) |
| 05/08/2018 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Stacy Bailey. (Smith, Jason) (Entered: 05/08/2018) |
| 05/08/2018 | 3 | New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (zkc) (Entered: 05/08/2018) |
| 05/25/2018 | 4 | WAIVER OF SERVICE Returned Executed as to Mansfield Independent School District. Waiver sent on 5/16/2018. (Smith, Jason) (Entered: 05/25/2018) |
| 05/25/2018 | 5 | WAIVER OF SERVICE Returned Executed as to Jim Vaszauskas. Waiver sent on 5/16/2018. (Smith, Jason) (Entered: 05/25/2018) |
| 05/25/2018 | 6 | WAIVER OF SERVICE Returned Executed as to Kimberly Cantu. Waiver sent on 5/16/2018. (Smith, Jason) (Entered: 05/25/2018) |
| 06/28/2018 | 7 | Unopposed Motion for Extension of Time to File Answer filed by Kimberly Cantu, Mansfield Independent School District, Jim Vaszauskas Attorney Thomas E Myers added to party Kimberly Cantu(pty:dft), Attorney Thomas E Myers added to party Mansfield Independent School District(pty:dft), Attorney Thomas E Myers added to party Jim Vaszauskas(pty:dft) (Myers, Thomas) (Entered: 06/28/2018) |
| 06/29/2018 | 8 | ORDER granting 7 Defendants’ Motion for Extension of Time to File Answer to Plaintiff’s Original Complaint. Answer or Response due August 10, 2018. (Ordered by Judge Sam A Lindsay on 6/29/2018) (chmb) (Entered: 06/29/2018) |
| 08/10/2018 | 9 | Motion to Dismiss for Failure to State a Claim filed by Kimberly Cantu, Mansfield Independent School District, Jim Vaszauskas with Brief/Memorandum in Support. (Myers, Thomas) (Entered: 08/10/2018) |
| 08/28/2018 | 10 | Unopposed MOTION to Extend Time to file Amended Complaint and/or Plaintiff’s Response and Brief to Defendants’ Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim, and Supporting Brief, and in the Alternative, Motion for More Definite Statement filed by Stacy Bailey (Smith, Jason) (Entered: 08/28/2018) |
| 08/29/2018 | 11 | ***PLEASE DISREGARD – COURT WILL RE-ISSUE ORDER*** ELECTRONIC ORDER granting 10 Unopposed Motion to Extend Time. The deadline for Plaintiff to respond to Defendant’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim or, in the Alternative, Motion for More Definite Statement, is hereby extended from August 31, 2018, to September 18, 2018. (Ordered by Judge Sam A Lindsay on 8/29/2018) (chmb) Modified on 8/29/2018 (ali). (Entered: 08/29/2018) |
| 08/29/2018 | 12 | ORDER granting 10 Motion to Extend Time to File Amended Complaint; denying as moot 9 Motion to Dismiss; denying as moot Plaintiff’s alternative request to Extend Time to File Response and Brief. After Plaintiff amends her pleadings, Defendants may file a motion to dismiss the amended complaint. Amended Pleadings due by 9/18/2018. (Ordered by Judge Sam A Lindsay on 8/29/2018) (zkc) (Entered: 08/29/2018) |
| 09/18/2018 | 13 | AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Stacy Bailey. 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. (Smith, Jason) (Entered: 09/18/2018) |
| 10/02/2018 | 14 | Motion to Dismiss for Failure to State a Claim filed by Kimberly Cantu, Mansfield Independent School District, Jim Vaszauskas with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s))Attorney Kevin C Smith added to party Kimberly Cantu(pty:dft), Attorney Kevin C Smith added to party Mansfield Independent School District(pty:dft), Attorney Kevin C Smith added to party Jim Vaszauskas(pty:dft) (Smith, Kevin) (Entered: 10/02/2018) |
| 10/18/2018 | 15 | MOTION for Extension of Time to File Response/Reply to 14 Motion to Dismiss for Failure to State a Claim filed by Stacy Bailey (Smith, Jason) (Entered: 10/18/2018) |
| 10/19/2018 | 16 | ELECTRONIC ORDER granting 15 Motion to Extend Time. Accordingly, the deadline for Plaintiff to file a response to Defendants’ Rule 12(b)(6) Motion to Dismiss is 10/29/2018. (Ordered by Judge Sam A Lindsay on 10/19/2018) (chmb) (Entered: 10/19/2018) |
| 10/29/2018 | 17 | MOTION for Extension of Time to File Response/Reply to 14 Motion to Dismiss for Failure to State a Claim, 16 Order on Motion to Extend Time to File Response/Reply filed by Stacy Bailey (Smith, Jason) (Entered: 10/29/2018) |
| 10/30/2018 | 18 | ELECTRONIC ORDER granting 17 Motion to Extend Time. Accordingly the deadline for Plaintiff to file her response to Defendants’ Rule 12(b)(6) Motion to Dismiss is 11/2/2018. (Ordered by Judge Sam A Lindsay on 10/30/2018) (chmb) (Entered: 10/30/2018) |
| 11/02/2018 | 19 | RESPONSE filed by Stacy Bailey re: 14 Motion to Dismiss for Failure to State a Claim (Smith, Jason) (Entered: 11/02/2018) |
| 11/02/2018 | 20 | Brief/Memorandum in Support filed by Stacy Bailey re 19 Response/Objection, 14 Motion to Dismiss for Failure to State a Claim (Smith, Jason) (Entered: 11/02/2018) |
| 11/14/2018 | 21 | MOTION for Extension of Time to File Response/Reply to 14 Motion to Dismiss for Failure to State a Claim filed by Kimberly Cantu, Mansfield Independent School District, Jim Vaszauskas (Attachments: # 1 Proposed Order) (Smith, Kevin) (Entered: 11/14/2018) |
| 11/15/2018 | 22 | ELECTRONIC ORDER granting 21 Motion to Extend Time. Accordingly, the deadline for Defendants Mansfield ISD, Dr. Jim Vaszauskas, and Dr. Kimberly Cantu to file a Reply to Plaintiff’s Response to Defendants’ Motion for Summary Judgment is 11/30/2018. (Ordered by Judge Sam A Lindsay on 11/15/2018) (chmb) (Entered: 11/15/2018) |
| 11/30/2018 | 23 | Reply to Plaintiff’s Response to 14 Motion to Dismiss for Failure to State a Claim and Brief in Support filed by Kimberly Cantu, Mansfield Independent School District, Jim Vaszauskas . (Myers, Thomas) Modified title on 12/3/2018 (epm). (Entered: 11/30/2018) |
| 12/13/2018 | 24 | MOTION for Leave to File Plaintiff’s Surreply to Defendants’ Reply to Plaintiff’s Response to Defendants’ Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim and Brief in Support filed by Stacy Bailey (Smith, Jason) (Entered: 12/13/2018) |
| 12/19/2018 | 25 | ORDER re: 24 MOTION for Leave to File Surreply to Motion to Dismiss. The court hereby orders Defendants to file a responses by 12/28/2018. No further briefing will be permitted. (Ordered by Judge Sam A Lindsay on 12/19/2018) (zkc) (Entered: 12/19/2018) |
| 12/21/2018 | 26 | RESPONSE filed by Kimberly Cantu, Mansfield Independent School District, Jim Vaszauskas re: 24 MOTION for Leave to File Plaintiff’s Surreply to Defendants’ Reply to Plaintiff’s Response to Defendants’ Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim and Brief in Support (Smith, Kevin) (Entered: 12/21/2018) |
| 01/10/2019 | 27 | MEMORANDUM OPINION AND ORDER denying 24 Motion for Leave to File Surreply to Defendant’s Reply to Plaintiff’s Response to Defendants’ Rule 12(b)(6) Motion to Dismiss. (Ordered by Judge Sam A Lindsay on 1/10/2019) (zkc) Modified on 1/11/2019 (zkc). (Entered: 01/10/2019) |
| 11/21/2019 | 28 | MEMORANDUM OPINION AND ORDER granting in part and denying in part re: 14 Motion to Dismiss for Failure to State a Claim. The court grants the motion with respect to Bailey’s section 1983 claims against Defendants Mansfield I.S.D. and Superintendent Vaszauskas based on the alleged violation of her right to marry; grants the motion with respect to all claims against Dr. Cantu; and denies the motion in all other part. Bailey’s section 1983 claims based on a violation of her right to marry are hereby dismissed with prejudice. Bailey’s section 1983 claims and state law claims against Dr. Cantu are hereby dismissed with prejudice. (Ordered by Judge Sam A. Lindsay on 11/21/2019) (aaa) (Entered: 11/21/2019) |
| 11/21/2019 | 29 | ***PLEASE DISREGARD – DUPLICATE*** Memorandum Opinion and Order: 14 Defendants’ Rule12(b)(6) Motion to Dismiss is granted in part and denied in part. (Ordered by Judge Sam A. Lindsay on 11/21/2019) (svc) Modified on 11/22/2019 (svc). (Entered: 11/22/2019) |
| 11/22/2019 | 30 | ORDER REQUIRING ATTORNEY CONFERENCE AND STATUS REPORT: Status Report due by 12/24/2019. (Ordered by Judge Sam A. Lindsay on 11/22/2019) (svc) (Entered: 11/22/2019) |
| 12/04/2019 | 31 | NOTICE OF INTERLOCUTORY APPEAL as to 28 Memorandum Opinion and Order,, to the Fifth Circuit by Jim Vaszauskas. Filing fee $505, receipt number 0539-10455372. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Myers, Thomas) (Entered: 12/04/2019) |
| 12/17/2019 | USCA Case Number 19-11313 in USCA5 for 31 Notice of Appeal filed by Jim Vaszauskas. (svc) (Entered: 12/17/2019) | |
| 12/20/2019 | 32 | Joint STATUS REPORT filed by Mansfield Independent School District, Jim Vaszauskas. (Smith, Kevin) (Entered: 12/20/2019) |
| 12/23/2019 | 33 | MOTION to Stay Case Pending Interlocutory Appeal filed by Jim Vaszauskas. (Cleveland, Joseph) Modified text on 12/26/2019 (axm). (Entered: 12/23/2019) |
| 01/02/2020 | Record on Appeal for USCA5 19-11313 (related to 31 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (svc) (Entered: 01/02/2020) |
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| 01/02/2020 | 34 | Transcript Order Form: re 31 Notice of Appeal,,,, transcript not requested Reminder to appellant: this document must also be filed with the appeals court. (Smith, Kevin) (Entered: 01/02/2020) |
| 01/10/2020 | 35 | RESPONSE filed by Stacy Bailey re: 33 MOTION to Stay Case Pending Interlocutory Appeal (Smith, Jason) (Entered: 01/10/2020) |
| 01/10/2020 | 36 | Appendix in Support filed by Stacy Bailey re 35 Response/Objection to Defendant Vaszauskas’ Motion to Stay Case Pending Interlocutory Appeal (Smith, Jason) (Entered: 01/10/2020) |
| 01/16/2020 | 37 | Agreed Motion for Extension of Time to File Answer filed by Mansfield Independent School District, Jim Vaszauskas (Attachments: # 1 Proposed Order) (Myers, Thomas) (Entered: 01/16/2020) |
| 01/17/2020 | 38 | ORDER: Before the court is the parties’ Agreed Motion for Extension of Time to File Defendants’ Original Answer (Doc. 37 ), filed 1/16/2020. The court determines that the motion should be, and is hereby granted, to the extent herein stated. Defendants Mansfield Independent School District and Dr. Jim Vaszauskas shall file their answer or otherwise respond by 2/13/2020. (Ordered by Judge Sam A. Lindsay on 1/17/2020) (ctf) (Entered: 01/17/2020) |
| 01/24/2020 | 39 | REPLY filed by Jim Vaszauskas re: 33 MOTION to Stay Case Pending Interlocutory Appeal (Myers, Thomas) (Entered: 01/24/2020) |
| 02/11/2020 | 40 | Order: The parties are directed to file a stipulation or notice of dismissal, or agreed motion to dismiss by April 13, 2020. and the court determines that it this case is hereby, administratively closed. (Ordered by Judge Sam A. Lindsay on 2/11/2020) (svc) (Entered: 02/11/2020) |
| 02/28/2020 | 41 | ORDER of USCA as to 31 Notice of Appeal filed by Jim Vaszauskas. Under FED. R. APP. P. 42(b), the appeal is dismissed pursuant to appellant’s motion. (svc) (Entered: 03/02/2020) |
| 03/24/2020 | 42 | STIPULATION OF DISMISSAL With Prejudice by Stacy Bailey. (Smith, Jason) (Entered: 03/24/2020) |
Last updated 04/27/2020
Reconciled with online docket 04/26/2020