Case: Robertson v. Collier

U.S. District Court for the Southern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Southern District of Texas

Robertson et al. v. Collier et al.

COMPLAINT against Bryan Collier, Daniel Dickerson, Bobby Lumpkin (Filing fee $ 402 receipt number ATXSDC-29376150) filed by Tony Egbuna Ford, Mark Robertson, Rickey Cummings, George Curry. (Attachments: # 1 Civil Cover Sheet)(Bratic, Catherine) [Transferred from Texas Southern on 1/31/2023.] (Entered: 01/26/2023)

1 Civil Cover Sheet

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DOCKETED IN ERROR: ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/23/2023 at 10:15 AM by video before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(ShannonHolden, 4) Modified on 1/27/2023 (DarleneHansen, 4). [Transferred from Texas Southern on 1/31/2023.] (Entered: 01/27/2023)

MOTION for Pieter Van Tol to Appear Pro Hac Vice by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, filed. Motion Docket Date 2/21/2023. (Bratic, Catherine) [Transferred from Texas Southern on 1/31/2023.] (Entered: 01/27/2023)

MOTION for Jack Shaked to Appear Pro Hac Vice by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, filed. Motion Docket Date 2/21/2023. (Bratic, Catherine) [Transferred from Texas Southern on 1/31/2023.] (Entered: 01/27/2023)

ORDER granting 3 Motion for Pieter Van Tol to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 1/31/2023.] (Entered: 01/30/2023)

ORDER granting 4 Motion for Jack Shaked to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 1/31/2023.] (Entered: 01/30/2023)

ORDER TO TRANSFER CASE to United States District Court for the Eastern District of Texas, Lufkin Division. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 1/31/2023.] (Entered: 01/31/2023)

Case transferred in from District of Texas Southern; Case Number 4:23-cv-00283. Original file certified copy of transfer order and docket sheet received. (Entered: 01/31/2023)

Interdistrict transfer to United States District Court for the Eastern District of Texas, Lufkin Division. Case transferred electronically. Case terminated on 1/31/2023, filed. (ghassan, 4) [Transferred from Texas Southern on 1/31/2023.]

CASE REFERRED to Magistrate Judge Zack Hawthorn. (ljw, )

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. (ljw, )

Case Transferred Out - District Transfer

Case Referred to Magistrate Judge

Notice of Magistrate Availability

WAIVER OF SERVICE Returned Executed by Tony Egbuna Ford, Mark Robertson, Rickey Cummings, George Curry. Bryan Collier waiver sent on 2/3/2023, answer due 4/4/2023. (Warnberg, Chloe) (Main Document 9 replaced with flattened version on 3/21/2023) (ljw, ). (Entered: 03/20/2023)

WAIVER OF SERVICE Returned Executed by Tony Egbuna Ford, Mark Robertson, Rickey Cummings, George Curry. Daniel Dickerson waiver sent on 2/3/2023, answer due 4/4/2023. (Warnberg, Chloe) (Entered: 03/20/2023)

WAIVER OF SERVICE Returned Executed by Tony Egbuna Ford, Mark Robertson, Rickey Cummings, George Curry. (Warnberg, Chloe) (Entered: 03/20/2023)

WAIVER OF SERVICE Returned Executed by Tony Egbuna Ford, Mark Robertson, Rickey Cummings, George Curry. Bobby Lumpkin waiver sent on 2/3/2023, answer due 4/4/2023. (Warnberg, Chloe) (Entered: 03/20/2023)

STRICKEN PER ORDER 24 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Bryan Collier, Daniel Dickerson, Bobby Lumpkin. (Calb, Michael) (Additional attachment(s) added on 3/31/2023: # 1 Text of Proposed Order) (ljw, ). Modified on 5/18/2023 (ljw, ). (Entered: 03/30/2023)

Unopposed MOTION to Stay Discovery and All Other Proceedings Pending Resolution of Defendants' Motion to Dismiss by Bryan Collier, Daniel Dickerson, Bobby Lumpkin. (Attachments: # 1 Text of Proposed Order)(Calb, Michael) (Entered: 03/31/2023)

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson. (Attachments: # 1 Text of Proposed Order)(Warnberg, Chloe) (Entered: 04/07/2023)

ORDER granting 15 Plaintiffs unopposed motion seeking an extension of time to respond to a motion to dismiss. Plaintiffs are allowed an extension of time, through and including May 11, 2023, to file a response and/or an amended complaint. Defendants have filed an unopposed motion 14 to stay discovery and all other proceedings pending a ruling on their motion to dismiss. This motion is GRANTED. Signed by Magistrate Judge Zack Hawthorn on 4/24/23. (ljw, ) (Entered: 04/24/2023)

PLEASE IGNORE, ATTORNEY TO REFILE Unopposed MOTION for Leave to File to Exceed Page Limitation for an Amended Complaint by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson. (Attachments: # 1 Text of Proposed Order)(Warnberg, Chloe) Modified on 4/26/2023 (ljw, ). (Entered: 04/25/2023)

Notice of Docket Correction

***FILED IN ERROR. Document # 17, Unopposed MOTION for Leave to File to Exceed Page Limitation. PLEASE IGNORE. Attorney to refile using the event Motion to Exceed Page Limit.*** (ljw, )

Unopposed MOTION for Leave to File Excess Pages for an Amended Complaint by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson. (Attachments: # 1 Text of Proposed Order)(Warnberg, Chloe) (Entered: 04/26/2023)

Notice of Docket Correction

ORDER granting 18 Unopposed MOTION seeking leave to file an amended complaint that exceeds the page limit established by local rule. Signed by Magistrate Judge Zack Hawthorn on 5/2/23. (ljw, ) (Entered: 05/02/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Soo Bin Ahn on behalf of Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson. Filing fee $ 100, receipt number ATXEDC-9480046. (Ahn, Soo Bin) (Entered: 05/02/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by James W. Ettinger on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9484371. (Ettinger, James) (Entered: 05/04/2023)

AMENDED COMPLAINT against All Defendants, filed by Tony Egbuna Ford, Rickey Cummings, Mark Robertson, George Curry, Lucky Ward. (Attachments: # 1 Exhibit)(Bratic, Catherine) (Entered: 05/11/2023)

1 Exhibit

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Unopposed MOTION for Extension of Time to File Response/Reply as to 22 Amended Complaint by Bryan Collier, Daniel Dickerson, Bobby Lumpkin. (Attachments: # 1 Text of Proposed Order)(Calb, Michael) (Entered: 05/12/2023)

ORDER granting 23 Unopposed motion seeking an extension of time to respond to the amended complaint. The defendants are allowed an extension of time, through and including July 10, 2023, to respond to the amended complaint. In light of the foregoing, the motion to dismiss previously filed 13 is STRICKEN. Signed by Magistrate Judge Zack Hawthorn on 5/18/23. (ljw, ) (Entered: 05/18/2023)

Unopposed MOTION for Leave to File Excess Pages on Motion to Dismiss by Crystal Anthony, Bryan Collier, Daniel Dickerson, Bobby Lumpkin. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 06/01/2023)

NOTICE of Attorney Appearance by Mark Christopher Sparks on behalf of All Plaintiffs (Sparks, Mark) (Entered: 06/07/2023)

ORDER granting 25 unopposed motion seeking leave to file a motion to dismiss that exceeds the page limit established by local rule. Signed by Magistrate Judge Zack Hawthorn on 6/8/23. (ljw, ) (Entered: 06/08/2023)

NOTICE by Ronald Ivey re Substitution of Party Pursuant to Federal Rule of Civil Procedure 25(d) (Calb, Michael) (Entered: 06/26/2023)

MOTION to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Crystal Anthony, Bryan Collier, Daniel Dickerson, Ronald Ivey, Bobby Lumpkin. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 07/10/2023)

1 Proposed Order

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Unopposed MOTION for Leave to File Excess Pages and for Extended Deadline to Respond to Defendants' Motion to Dismiss by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. (Attachments: # 1 Proposed Order)(Bratic, Catherine) (Additional attachment(s) added on 7/17/2023: # 2 Revised Proposed Order) (bjc, ). (Entered: 07/17/2023)

ORDER that the plaintiffs have filed an unopposed motion 30 seeking leave to file, no later than August 9, 2023, a response to a motion to dismiss that is not more than 40 pages in length. After due consideration, it is ORDERED that the motion is GRANTED. Signed by Magistrate Judge Zack Hawthorn on 7/18/23. (ljw, ) (Entered: 07/18/2023)

RESPONSE in Opposition re 29 MOTION to Dismiss Defendants' Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Bratic, Catherine) (Entered: 08/09/2023)

Unopposed MOTION for Extension of Time to File Response/Reply as to 32 Response in Opposition to Motion, and to Increase Page Limit for Reply by Crystal Anthony, Bryan Collier, Daniel Dickerson, Ronald Ivey, Bobby Lumpkin. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 08/10/2023)

ORDER granting 33 Unopposed MOTION for Extension of Time to File. Signed by Magistrate Judge Zack Hawthorn on 8/14/23. (ljw, ) (Entered: 08/14/2023)

Unopposed MOTION to Withdraw as Attorney of Record and Request for Termination of Electronic Notices as to Chloe Warnberg by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. (Attachments: # 1 Proposed Order)(Bratic, Catherine) (Entered: 08/23/2023)

REPLY to Response to Motion re 29 MOTION to Dismiss Defendants' Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Crystal Anthony, Bryan Collier, Daniel Dickerson, Ronald Ivey. (Calb, Michael) (Entered: 08/30/2023)

ORDER granting 35 Motion to Withdraw as Attorney. Attorney Chloe Kingsley Warnberg terminated. Signed by Magistrate Judge Zack Hawthorn on 8/30/23. (ljw, ) (Entered: 08/30/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Samuel Dougherty on behalf of Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. Filing fee $ 100, receipt number ATXEDC-9772643. (Dougherty, Samuel) (Entered: 10/23/2023)

MOTION to Intervene by Freddy Hurley. (Attachments: # 1 Letter to the Clerk, # 2 Exhibit, # 3 Envelope)(ljw, ) (Entered: 11/15/2023)

MOTION for Oral Argument on 29 MOTION to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. (Bratic, Catherine) (Modified text on 12/7/2023) (ljw, ). (Entered: 12/06/2023)

RESPONSE in Opposition re 39 MOTION to Intervene filed by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. (Bratic, Catherine) (Entered: 12/06/2023)

RESPONSE in Opposition re 40 MOTION for Oral Argument 29 MOTION to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Crystal Anthony, Bryan Collier, Daniel Dickerson, Ronald Ivey, Bobby Lumpkin. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 12/08/2023)

REPLY to Response to Motion re 40 MOTION for Oral Argument 29 MOTION to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. (Bratic, Catherine) (Entered: 12/15/2023)

SUPPLEMENT to the 39 MOTION to Intervene by Freddy Hurley. (bjc, ) (Entered: 02/12/2024)

ORDER granting 40 Motion for Oral Argument. A separate order will be entered scheduling the argument. Pending oral argument, consideration of the motion to dismiss is terminated and abated. After oral argument, a ruling will be issued on the motion to dismiss. Signed by Magistrate Judge Zack Hawthorn on 3/15/24. (ljw, ) (Entered: 03/15/2024)

SECOND MOTION to Intervene by Freddy Hurley. (Attachments: # 1 Cover Page, # 2 Exhibits)(ljw) (Entered: 03/28/2024)

Third MOTION to Intervene by Freddy Hurley. (ljw) (Entered: 05/06/2024)

Notice of Hearing on Motion

NOTICE of Hearing on Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Crystal Anthony, Bryan Collier, Daniel Dickerson, Ronald Ivey, Bobby Lumpkin. Motion Hearing set for 7/23/2024 at 02:00 PM in Ctrm 6 (Beaumont) before Magistrate Judge Zack Hawthorn. (ttp)

UNOPPOSED MOTION to Continue Oral Argument on Defendants' Motion to Dismiss by Crystal Anthony, Bryan Collier, Daniel Dickerson, Ronald Ivey, Bobby Lumpkin. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 06/11/2024)

ORDER that the 48 motion for a continuance is GRANTED. The hearing set for July 23 is CANCELLED and RESCHEDULED for August 19, 2024 at 2:00 p.m., in Courtroom 6 at the Jack Brooks Federal Building, 300 Willow Street, Beaumont, Texas. Signed by Magistrate Judge Zack Hawthorn on 7/8/24. (ljw) (Entered: 07/09/2024)

Fourth MOTION to Intervene by Freddy Hurley. (Attachments: # 1 Additional Attachment(s))(ljw) (Entered: 08/02/2024)

NOTICE of Attorney Appearance by Matthew James DeMarco on behalf of Crystal Anthony, Bryan Collier, Ronald Ivey, Bobby Lumpkin (DeMarco, Matthew) (Entered: 08/14/2024)

ORDER denying Freddy Hurley's 39, 46, 47 & 50 Motion's to Intervene. Signed by Magistrate Judge Zack Hawthorn on 8/16/24. (ljw) (Entered: 08/19/2024)

Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Motion Hearing held on 8/19/2024 re 29 MOTION to Dismiss Defendants' Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Bobby Lumpkin, Crystal Anthony, Bryan Collier, Ronald Ivey, Daniel Dickerson from 2:04pm - 2:57pm. Attorney Appearances: Plaintiff - Catherine Bratic, Samuel Dougherty & Mark Christopher Sparks; Defense - Michael Jason Calb & Matthew James DeMarco. (No exhibits)(Court Reporter Digital Recording.)(CRD: Tonya Piper) (ttp)

Motion Hearing

Motion Hearing

PAPER TRANSCRIPT REQUEST by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward for proceedings held on 8/19/2024 Oral Argument before Judge Judge Zack Hawthorne. (Bratic, Catherine) (Main Document 53 replaced with flattened image on 8/22/2024. To be transcribed by Abba Reporting, Chris Hwang. Forwarded to Chris Hwang on 8/22/2024 )(slo). (Entered: 08/21/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 8/19/2024 before Judge Hawthorn. Court Reporter/Transcriber: Abba Reporting, Chris Hwang, Telephone number: 518-302-6772. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 9/26/2024. Release of Transcript Restriction set for 12/4/2024. (slo) (Entered: 09/05/2024)

NOTICE by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward re Motion Hearing,, (Bratic, Catherine) (Entered: 08/13/2025)

Notice of Deficiency

Clerk's LR CV-10(d) Notice of Deficiency as to 55 Notice filed by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. - All documents must be filed in the form of a pleading to the Court. Please see Local Rule CV-10. Letters to the Court are not accepted. Recommended cure: Please file a Motion for a Hearing and attach your proposed order. (ljw)

NOTICE of Attorney Appearance - Pro Hac Vice by Benjamin Fleming on behalf of All Plaintiffs. Filing fee $ 100, ATXEDC-11028070. (NKL) (Entered: 08/18/2025)

UNOPPOSED MOTION for Hearing on Defendants' Motion to Dismiss by All Plaintiffs. (Bratic, Catherine) (Entered: 08/19/2025)

REPORT AND RECOMMENDATIONS re 22 Amended Complaint and 29 Defendant's Motion to Dismiss. Objections due within 14 days of receipt. Signed by Magistrate Judge Zack Hawthorn on 10/8/25. (ljw) (Entered: 10/09/2025)

JOINT MOTION for Extension of Time to File Objections and Responses to Magistrate Judge Hawthorn's October 10, 2025 Report and Recommendation by Crystal Anthony, Bryan Collier, Daniel Dickerson, Ronald Ivey, Bobby Lumpkin. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 10/13/2025)

ORDER granting 59 Parties' Joint Motion to Extend Deadline. Deadline to object to the Report and Recommendation is extended to December 18, 2025. Signed by Magistrate Judge Zack Hawthorn on 10/15/2025. (KMH) (Entered: 10/15/2025)

ORDER denied as moot 57 Unopposed Motion for Hearing on Defendants' Motion to Dismiss. Deadline to object to Report and Recommendation is 11/13/2025. Signed by Magistrate Judge Zack Hawthorn on 10/16/2025. (bmf) (Entered: 10/16/2025)

OBJECTION to 58 Report and Recommendations by Crystal Anthony, Bryan Collier, Daniel Dickerson, Ronald Ivey, Bobby Lumpkin. (Calb, Michael) (Entered: 11/13/2025)

RESPONSE to 62 Objection to Report and Recommendations filed by Rickey Cummings, George Curry, Tony Egbuna Ford, Mark Robertson, Lucky Ward. (Bratic, Catherine) (Entered: 12/18/2025)

MEMORANDUM AND ORDER adopting 58 Report and Recommendations. The Defendants' Motion to Dismiss 29 , is granted in part, in accordance with the magistrate judge's recommendation. Signed by District Judge Marcia A. Crone on 2/24/26. (ljw)

ANSWER to 22 Amended Complaint by Bryan Collier, Daniel Dickerson, Bobby Lumpkin, Eric Guerrero, Kevin Smith.(Calb, Michael) (Entered: 03/11/2026)

NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit as to 64 Memorandum & Opinion,, Order Adopting Report and Recommendations, by Bryan Collier, Daniel Dickerson, Eric Guerrero, Bobby Lumpkin, Kevin Smith. Filing fee $605, receipt number ATXEDC-11433417. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. USCA5 electronically notified. Copy of NOA to be sent by US Mail to appellees not electronically noticed. (Calb, Michael) (Entered: 03/19/2026)

Appeal Transcript Request

USCA Notice of Docketing NOA

USCA Notice of Certification of eROA

USCA Availability of eROA

USCA Notice of eROA Record Acceptance

Stipulation