Case: Swanston, Elevated Sober Living Jones v. City of Plano, TX

COMPLAINT against City of Plano, Texas ( Filing fee $ 400 receipt number 0540-7296616.), filed by Elevated Women's Sober Living LLC, Constance Swanston. (Attachments: # 1 Civil Cover Sheet)(Hunt, Richard) (Entered: 06/05/2019)

1 Civil Cover Sheet

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Case Assigned/Reassigned

Notice of Magistrate Availability

Case Assigned to District Judge Amos L. Mazzant, III. (rpc, )

Notice of Magistrate Judge Availability

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, )

AMENDED COMPLAINT against City of Plano, Texas, filed by Shannon Jones.(Cohen-Miller, Rachel) (Entered: 06/12/2019)

NOTICE of Attorney Appearance by Rachel Beth Cohen-Miller on behalf of Shannon Jones (Cohen-Miller, Rachel) (Entered: 06/12/2019)

NOTICE of Attorney Appearance by Christopher Patrick McGreal on behalf of Shannon Jones (McGreal, Christopher) (Entered: 06/12/2019)

WAIVER OF SERVICE Returned Executed by Women's Elevated Sober Living LLC, Constance Swanston, Shannon Jones. City of Plano, Texas waiver sent on 6/24/2019, answer due 8/23/2019. (Hunt, Richard) (Entered: 07/11/2019)

ANSWER to 2 Amended Complaint by City of Plano, Texas.(Crawford, Charles) (Entered: 08/23/2019)

NOTICE of Attorney Appearance by Lucas Christopher Henry on behalf of City of Plano, Texas (Henry, Lucas) (Entered: 08/27/2019)

ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 10/23/2019. Rule 16 Management Conference set for 11/7/2019 at 10:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 9/19/2019. (rpc, ) (Entered: 09/19/2019)

REPORT of Rule 26(f) Planning Meeting. (McGreal, Christopher) (Additional attachment(s) added on 10/11/2019: # 1 Proposed Scheduling Order) (rpc, ). (Entered: 10/10/2019)

NOTICE of Discovery Disclosure by City of Plano, Texas (Crawford, Charles) (Entered: 10/21/2019)

NOTICE of Discovery Disclosure by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC (McGreal, Christopher) (Entered: 10/21/2019)

Remark

Due to the Court's schedule, the 11/7/19 Scheduling Conference is CANCELLED. The Court will enter a Scheduling Order. (tls)

SCHEDULING ORDER: Final Pretrial Conference set for 8/31/2020 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 1/30/2020. Discovery due by 4/23/2020. Joinder of Parties due by 12/19/2019. Motions due by 4/23/2020. Proposed Findings of Fact due by 8/17/2020. Proposed Pretrial Order due by 8/17/2020. Signed by District Judge Amos L. Mazzant, III on 11/4/2019. (rpc, ) (Entered: 11/04/2019)

STIPULATION Regarding Discovery by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC. (Cohen-Miller, Rachel) (Entered: 11/18/2019)

Unopposed MOTION for Protective Order by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Exhibit 1 - Proposed Protective Order)(Cohen-Miller, Rachel) (Entered: 12/05/2019)

CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 1/7/2020. (rpc, ) (Entered: 01/07/2020)

NOTICE by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC (Hunt, Richard) (Entered: 02/20/2020)

NOTICE by City of Plano, Texas (Crawford, Charles) (Entered: 03/19/2020)

Unopposed MOTION for Extension of Time to Complete Discovery by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Text of Proposed Order)(Hunt, Richard) (Entered: 03/24/2020)

Opposed MOTION to Compel by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Exhibit Response to Request for Admissions, # 2 Text of Proposed Order)(Hunt, Richard) (Entered: 03/24/2020)

Opposed MOTION to Amend/Correct 2 Amended Complaint by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Text of Proposed Order)(Hunt, Richard) (Entered: 03/24/2020)

ORDER granting 18 Motion to Extend Deadlines. Signed by District Judge Amos L. Mazzant, III on 3/25/2020. (rpc, ) (Entered: 03/25/2020)

ORDER - DENYING 19 Motion to Compel Discovery. Signed by District Judge Amos L. Mazzant, III on 3/25/2020. (baf, ) (Entered: 03/25/2020)

Set/Reset Scheduling Order Deadlines

Notice of Hearing

Set/Reset Scheduling Order Deadlines: Discovery re depositions due by 6/23/2020. Motions due by 6/23/2020. (rpc, )

NOTICE of Hearing: Telephone Conference to address a discovery dispute set for 3/26/2020 03:00 PM before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 2:55 PM: 888-363-4749; Access Code: 1588844, followed by #. (tls)

Notice of Hearing

NOTICE of Time Change of Hearing: Due to issues with the teleconference line, the 3/26/20 Telephone Conference is RESET for 3:15 PM. Attorneys are instructed to call the Conference Number at 3:10 PM: 888-363-4749; Access Code: 1588844, followed by #. (tls)

Telephone Conference

Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone Conference regarding discovery dispute held on 3/26/2020 at 3:15 p.m. Richard Hunt appeared on behalf of Women's Elevated Sober Living, LLC and Constance Swanston; Christopher Patrick McGreal appeared on behalf of Plaintiff Shannon Jones. Charles Crawford appeared on behalf of City of Plano, Texas. Call adjourned at 3:29 p.m. (Court Reporter Jan Mason) (kkc)

RESPONSE to Plaintiffs' Rule 26(a)(2) Expert Disclosures filed by City of Plano, Texas. (Attachments: # 1 Exhibit A)(Crawford, Charles) (Entered: 04/02/2020)

RESPONSE to Motion re 20 Opposed MOTION to Amend/Correct 2 Amended Complaint filed by City of Plano, Texas. (Attachments: # 1 Exhibit A)(Crawford, Charles) (Entered: 04/07/2020)

RESPONSE to 23 Response to Non-Motion Defendants Expert Objection filed by Constance Swanston, Women's Elevated Sober Living LLC. (Hunt, Richard) (Entered: 04/08/2020)

Notice of Hearing

NOTICE of Hearing: Telephone Conference to address a discovery dispute set for 4/9/2020 10:00 AM before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 9:55 AM: 888-363-4749; Access Code: 1588844, followed by #. (tls)

Telephone Conference

Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone conference call held on 4/9/2020 at 10:00 a.m. regarding discovery dispute. Richard Hunt appeared on behalf of Plaintiff, Womens Elevated Sober Living and Constance Swanson; Christopher McGreal appeared on behalf of Shannon Jones. Charles Crawford appeared on behalf of Defendant, City of Plano. Court hears argument regarding discovery dispute and confidentiality of applicants name and information. The Court orders that the 12 interviewed residents information and unredacted applications be produced, subject to the protective order; and going forward any residents that are participating in the case, their names and reports need to be provided subject to the protective order. Call adjourned at 10:16 a.m. (Court Reporter Jan Mason) (kkc )

MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Plaintiffs' Opposed Motion for Leave to Amend and Other Related Relief (Dkt. 20 ) is hereby GRANTED. It is further ORDERED that Plaintiffs shall file their second amended complaint by May 1, 2020. It is further ORDERED that the discovery period in this case will remain open until June 3, 2020, to provide Plaintiffs with the opportunity to conduct limited discovery as described in the Court's Order. Signed by District Judge Amos L. Mazzant, III on 4/27/2020. (baf, )

***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION to Strike Expert Report of Kevin Gilliland by Constance Swanston, Women's Elevated Sober Living LLC. Responses due by 5/12/2020 (Attachments: # 1 Exhibit Gilliland Report, # 2 Exhibit Majer Report, # 3 Exhibit Majer Rebuttal Report, # 4 Exhibit Applicant "O" application)(Hunt, Richard) Modified on 4/29/2020 (rpc, ). (Entered: 04/28/2020)

MOTION to Strike Dr. Kevin Gilliland by Constance Swanston, Women's Elevated Sober Living LLC. Responses due by 5/13/2020 (Attachments: # 1 Exhibit Gilliland Report, # 2 Exhibit Majer Report, # 3 Exhibit Majer Rebuttal Report, # 4 Exhibit Application of "O", # 5 Text of Proposed Order Proposed Order)(Hunt, Richard) (Entered: 04/29/2020)

AMENDED COMPLAINT ( against City of Plano, Texas, filed by Women's Elevated Sober Living LLC, Constance Swanston, Shannon Jones.(Hunt, Richard) (Entered: 04/29/2020)

Notice of Deficiency

NOTICE of Deficiency regarding the 27 MOTION to Strike Expert Report of Kevin Gilliland submitted by Constance Swanston, Women's Elevated Sober Living LLC. The Motion is missing a Certificate of Conference and a proposed order. Correction should be made by one business day. (rpc, )

Remark

Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits. (tls)

RESPONSE to Motion re 28 MOTION to Strike Dr. Kevin Gilliland filed by City of Plano, Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Crawford, Charles) (Entered: 05/13/2020)

REPLY to Response to Motion re 28 MOTION to Strike Dr. Kevin Gilliland filed by Constance Swanston, Women's Elevated Sober Living LLC. (Hunt, Richard) (Entered: 05/18/2020)

Defendants' ANSWER to 29 Amended Complaint by City of Plano, Texas.(Crawford, Charles) (Entered: 05/19/2020)

Unopposed MOTION Referral to Mediation by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Text of Proposed Order Order of Referral)(Hunt, Richard) (Entered: 06/01/2020)

Unopposed MOTION for Protective Order for Remote Depositions by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Text of Proposed Order)(Hunt, Richard) (Entered: 06/04/2020)

ORDER granting 34 Motion for Protective Order for Remote Depositions. Signed by District Judge Amos L. Mazzant, III on 6/8/2020. (rpc, ) (Entered: 06/08/2020)

Unopposed MOTION for Extension of Time to Complete Discovery by City of Plano, Texas. (Attachments: # 1 Text of Proposed Order)(Crawford, Charles) (Entered: 06/09/2020)

ORDER EXTENDING CERTAIN PRETRIAL DEADLINES - GRANTING 36 Unopposed MOTION for Extension of Time to Complete Discovery filed by City of Plano, Texas. Dispositive Motions deadline extended to 7/31/2020. The discovery completion deadline is extended to 7/31/2020 only with respect to depositions; all other discovery shall be completed by the original April 23, 2020 deadline. Signed by District Judge Amos L. Mazzant, III on 6/10/2020. (baf, ) (Entered: 06/10/2020)

ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this court's Mediation Plan. U. S. Magistrate Judge Kimberly C. Priest Johnson has agreed to mediate the case. Signed by District Judge Amos L. Mazzant, III on 6/15/2020. (rpc, ) (Entered: 06/15/2020)

Notice of Hearing

Telephone Conference to address discovery dispute set for 6/19/2020 at 10:00 a.m. before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 9:55 a.m.: 888-363-4749; Access Code: 1588844, followed by #. (kkc, )

***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** NOTICE by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC re Notice of Hearing, Letter Brief in Response to Defendant's Letter Brief (Hunt, Richard) Modified on 6/19/2020 (rpc, ). (Entered: 06/18/2020)

Notice of Deficiency

NOTICE of Deficiency regarding the 39 NOTICE Letter Brief in Response to Defendant's Letter Brief submitted by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC. Correspondence should not be filed on the docket. All filings must be in pleading format. Correction should be made by one business day. (rpc, )

Telephone Conference

Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone Conference on discovery dispute regarding depositions held on 6/19/2020 at 10:00 a.m. Court requests parties to brief the issue. Defendant will file motion by 6/22/2020; Defendant will respond within 7 days. Parties note the deposition deadline is 7/31/2020. Call adjourned at 10:05 a.m. (Court Reporter Jan Mason) (kkc, )

***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION for Protective Order by City of Plano, Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Crawford, Charles) Modified on 6/23/2020 (rpc, ). (Entered: 06/22/2020)

MOTION for Protective Order by City of Plano, Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Crawford, Charles) (Entered: 06/23/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Text of Proposed Order

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Notice of Deficiency

NOTICE of Deficiency regarding the 40 MOTION for Protective Order submitted by City of Plano, Texas. The Motion is missing a Certificate of Conference. Correction should be made by one business day. (rpc, )

RESPONSE in Opposition re 41 MOTION for Protective Order filed by Shannon Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McGreal, Christopher) (Entered: 06/26/2020)

RESPONSE to Motion re 41 MOTION for Protective Order filed by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Exhibit Email from Selso Mata)(Hunt, Richard) (Entered: 06/26/2020)

ORDER FOR MEDIATION. Mediation Video Conference set for 8/5/2020 at 09:00 AM in Video Rm (Plano) before Magistrate Judge Kimberly C Priest Johnson. A premediation telephone conference is scheduled for July 29, 2020, at 1:00 p.m. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/30/2020. (rpc, ) (Entered: 06/30/2020)

Unopposed MOTION Extension of Mediation Deadline re 38 Order Referring Case to Mediator Judge, by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Text of Proposed Order Order Extending Mediation Deadline)(Hunt, Richard) (Entered: 06/30/2020)

ORDER granting 45 Motion to Extend Mediation Deadline. The Court hereby ORDERS that mediation in the above case be completed before Magistrate Judge Kimberly C. Priest Johnson on or before August 5, 2020. Signed by District Judge Amos L. Mazzant, III on 7/1/2020. (rpc, ) (Entered: 07/01/2020)

Notice of Hearing

NOTICE of Hearing: Telephone Conference to address a discovery dispute set for 7/24/2020 9:00 AM before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 8:55 AM: 888-363-4749; Access Code: 1588844, followed by #. (tls)

Telephone Conference

Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone Conference regarding discovery dispute held on 7/24/2020 at 9:00 a.m. Richard Hunt and Patrick McGreal appeared on behalf of Plaintiffs; Lucas Henry appeared on behalf of Defendant. Court ordered depositions to go forward. Parties may reach out to the Court or the hotline if other issues arise. (Digital Recording) (kkc)

Set/Reset Hearings

Set Hearings: A Premediation Telephone Conference set for 7/29/2020 01:00 PM before Magistrate Judge Kimberly C Priest Johnson. (las)

NOTICE by City of Plano, Texas Defendants' Video Deposition Designation (Crawford, Charles) (Entered: 07/27/2020)

ORDER REGARDING EXHIBITS. The Court enters this order sua sponte. Signed by District Judge Amos L. Mazzant, III on 7/28/2020. (rpc, ) (Entered: 07/28/2020)

MOTION for Summary Judgment on Plaintiff Swanston's Claims by City of Plano, Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Crawford, Charles) (Entered: 07/31/2020)

MOTION for Summary Judgment on Plaintiffs' Damage Claims and Other Claims for Misc. Equitable Relief by City of Plano, Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Crawford, Charles) (Entered: 07/31/2020)

MOTION for Summary Judgment on Plaintiffs' Failure to Accommodate Claims by City of Plano, Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Crawford, Charles) (Entered: 07/31/2020)

MOTION for Summary Judgment on Plaintiffs' Facial Challenge to Defendant's Ordinance by City of Plano, Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order)(Crawford, Charles) (Entered: 07/31/2020)

NOTICE by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC re 47 Notice (Other) Objection to Defendants Video Designations (Hunt, Richard) (Entered: 08/03/2020)

***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION in Limine by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Text of Proposed Order)(Hunt, Richard) Modified on 8/4/2020 (rpc, ). (Entered: 08/03/2020)

Notice of Deficiency

NOTICE of Deficiency regarding the 54 MOTION in Limine submitted by Constance Swanston, Women's Elevated Sober Living LLC. The Motion is missing a Certificate of Conference. Correction should be made by one business day. (rpc, )

MOTION in Limine by Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Text of Proposed Order)(Hunt, Richard) (Entered: 08/05/2020)

1 Text of Proposed Order

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Settlement Conference

Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Settlement Conference held on 8/5/2020. No Settlement reached. (jwam, )

ORDER. The parties are advised that the trial window for this case is October 1, 2020, to October 30, 2020. The trial date will be set at the pretrial conference, which will be held on August 31, 2020. Signed by District Judge Amos L. Mazzant, III on 8/11/2020. (rpc, ) (Entered: 08/11/2020)

MEMORANDUM OPINION AND ORDER. It is ORDERED Defendants' Motion for Protective Order (Dkt. # 41 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 8/14/2020. (rpc, )

Unopposed MOTION to Amend/Correct 12 Scheduling Order, by Shannon Jones, Constance Swanston, Women's Elevated Sober Living LLC. (Attachments: # 1 Text of Proposed Order)(Hunt, Richard) (Entered: 08/16/2020)

RESPONSE to Motion re 55 MOTION in Limine filed by City of Plano, Texas. (Attachments: # 1 Text of Proposed Order)(Crawford, Charles) (Entered: 08/17/2020)