Texas Southern District Court
Judge:Lee H Rosenthal
Case #: 4:16-cv-03215
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12101 American Disabilities Act
Case Filed:Nov 01, 2016
Terminated:Mar 14, 2019
Case in other court:253rd District Court, Liberty County, Texas, CV1611219
Last checked: Sunday Apr 30, 2017 3:51 AM CDT
Conflict Check Party
Texas Lawyers Insurance Exchange,
Defendant
Christine Butts
Represented By
Julie Ann Countiss
Harris County Attorney'S Office
contact info
Defendant
Clarinda Comstock
Represented By
Julie Ann Countiss
Harris County Attorney'S Office
contact info
Cory S Reed
Thompson Coe Cousins Irons
contact info
Zandra E Foley
Thompson Coe Cousins Irons LLP
contact info
Defendant
David Dexel
Represented By
George W Billy Shepherd, III
Shepherd Prewett Miller PLLC
contact info
Julie Ann Countiss
Harris County Attorney'S Office
contact info
Stephen R Bailey
Shepherd Prewett Miller PLLC
contact info
Allison Standish Miller
Shepherd Prewett Miller PLLC
contact info
Defendant
Sherrie Fox
Represented By
Julie Ann Countiss
Harris County Attorney'S Office
contact info
Defendant
GSL Care Management, LLC
Represented By
Julie Ann Countiss
Harris County Attorney'S Office
contact info
Louis M Ditta
Ditta Law PC
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Alan N Magenheim
Magenheim & Associates
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Defendant
Ginger Lott
Represented By
Julie Ann Countiss
Harris County Attorney'S Office
contact info
Louis M Ditta
Ditta Law PC
contact info
Alan N Magenheim
Magenheim & Associates
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Defendant
Howard M. Reiner
Represented By
John R Shepperd
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
contact info
Julie Ann Countiss
Harris County Attorney'S Office
contact info
Defendant
Harris County, Texas
Represented By
Julie Ann Countiss
Harris County Attorney'S Office
contact info
Plaintiff
Sherry Lynn Johnston
Represented By
Susan Cecilia Norman
Attorney At Law
contact info

GPO May 15 2018
MEMORANDUM AND OPINION entered MOOTING 46 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or for Judgment on the Pleadings, GRANTING 45 MOTION to Dismiss 38 Document,,,,,,, DEFENDANT CLARINDA COMSTOCKS RULE 12(b)(6) MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, GRANTING 47 MOTION to Dismiss Plaintiff's Second Amended Complaint, DENYING 49 MOTION to Dismiss Plaintiff's Second Amended Complaint,DENYING 61 MOTION for Leave to File Third Amended Complaint, GRANTING IN PART and DENYING IN PART 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . A Status conference is set for May 29,2018, at 10:30 am to address the remaining work to be done. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
GPO Oct 01 2018
ORDER entered DENYING 76 Opposed MOTION Motion Under Rule 54(b) to Certify Memorandum and Opinion on the Defendant's Motion for Summary Judgment.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
GPO Jan 14 2019
ORDER FOR SUPPLEMENTAL BRIEFING entered: Because of these difficult and important Texas-law questions, the parties must explain no later than January 28, 2019, in briefs not exceeding five pages, whether the court should remand this case to the 253rd Judicial District Court for Liberty County, Texas. The docket call set for January 25, 2019, is cancelled, pending this issue's resolution. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
GPO Mar 14 2019
MEMORANDUM AND OPINION entered: Judge Butts's motion for summary judgment is granted. (Docket Entry No. 78). The remaining claim against Dexel, for breach of his fiduciary duty in seeking attorney's fees for his work as Mills's guardian from December 2008 to June 2013, is remanded. All other claims have been dismissed, with prejudice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
GPO Mar 14 2019
ORDER DIRECTING ENTRY OF FINAL JUDGMENT AS TO CERTAIN PARTIES AND CLAIMS, AND REMANDING THEREMAINING CLAIM AGAINST THE REMAINING DEFENDANT entered: Only one defendant, David Dexel, remains in this case. All the federal-law claims against him have been dismissed, with prejudice. As to these claims, the court also directs entry of final judgment, because the issues are common to the other defendants and there is no just reason for delay. For the reasons stated in the court's Memorandum and Opinion of this date, the remaining state-law claim against David Dexel is remanded to the 253rd Judicial District Court for Liberty County, Texas. Case terminated on 3/14/19.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

Docket last updated: 09/21/2020 2:54 PM CDT
Tuesday, November 01, 2016
1 1 NOTICE OF REMOVAL from 253rd District Court of Liberty County, Texas, case number CV1611219 (Filing fee $ 400 receipt number 0541-17454507) filed by Howard M. Reiner, Ginger Lott, Christine Butts, David Dexel, Sherrie Fox, GSL Care Management, LLC, Clarinda Comstock.(Countiss, Julie)
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Att: 9 59 pgs Exhibit