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Photo of Henderson County

Court

Henderson County

Texas

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Case Information

Filed 2023-01-09
Status Disposed
Type Other Civil
Docket 128 entries
Disposition dismiss

Parties

Plaintiff Save The Cutoff
Defendant Commissioners Court Of Henderson County, Texas|Henderson County|Spivey, Wendy
Photo of Hon. Moore, Dan

Judge

Hon. Moore, Dan

Henderson County (TX)

Texas

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Lawyers

Docket Entries

  1. Request DEFENDANTS' REQUEST FOR ADDITIONAL DOCUMENTS TO BE INCLUDED IN CLERKS RECORD
  2. Letter CIVIL CASE INFO SHEET
  3. Request
  4. Service Issued CITATION ISSUED: COMMISIONERS COURT OF HENDERSON COUNTY, TEXAS AND WENDY SPIVEY
  5. Citation
  6. Affidavit of Service COMMISSIONERS COURT OF HENDERSON COUNTY, TEXAS; WENDY SPIVEY IN HER OFFICIAL CAPACITY AS COMMISSIONER PRECINCT ONE
  7. Answer/Response/Contest ORIGINAL ANSWER OF DEFENDANTS COMMISSIONERS COURT OF HENDERSON COUNTY, TEXAS, WENDY SPIVEY IN HER OFFICIAL CAPACITY AS COMMISSIONER, PRECINCT ONE, HENDERSON COUNTY, TEXAS
  8. Amended Filing PLAINTIFF'S FIRST AMENDED PETITION
  9. Request Citation Request
  10. Service Issued COUNTY JUDGE WADE MCKINNEY, EMAILED TO ATTY
  11. Citation
  12. Service Filed COUNTY JUDGE WADE MCKINNEY
  13. Answer/Response/Contest SPECIAL EXCEPTIONS AND ORIGINAL ANSWER OF DEFENDANTS HENDERSON COUNTY, COMMISSIONERS COURT OF HENDERSON COUNTY, TEXAS, WENDY SPIVEY IN HER OFFICIAL CAPACITY AS COMMISSIONER, PRECINCT ONE, HENDERSON COUNTY, TEXAS TO PLAINTIFF'S FIRST AMENDED PETITION
  14. Motion (No Fee) AGREED MOTION TO SET TRIAL DATE AND FOR ENTRY OF AGREED LEVEL THREE SCHEDULING ORDER
  15. Proposed Order AGREED LEVEL THREE SCHEDULING ORDER (SENT TO JUDGE)
  16. Judge's Note S/AGREED LEVEL THREE SCHEDULING ORDER
  17. Order AGREED LEVEL THREE SCHEDULING ORDER
  18. Judge's Note Set Jury Trial Announcement for 12/11/23, at 9:00 a.m. and Jury Trial 12/13/23, at 9:00 a.m. (per AGREED Level Three Scheduling Orderd dated 5/16/23).
  19. Rule 11 Agreement
  20. Rule 11 Agreement
  21. Counter Claim/Intervention/Third Party Iron River Ranch's Plea in Intervention as Defendant
  22. Amended Filing PLAINTIFF'S SECOND AMENDED PETITION
  23. Amended Filing AMENDED ANSWER OF DEFENDANTS COMMISSIONERS COURT OF HENDERSON COUNTY, TEXAS, WENDY SPIVEY IN HER OFFICIAL CAPACITY AS COMMISSIONER, PRECINCT ONE, HENDERSON COUNTY, TEXAS
  24. Answer/Response/Contest Iron River Ranch's First Amended Answer
  25. Amended Filing Iron River Ranch's Second Amended Answer
  26. Motion (No Fee) DEFENDANT-INTERVENOR IRON RIVER RANCH II, LLC'S MOTION FOR NO EVIDENCE SUMMARY JUDGMENT
  27. Motion (No Fee) MOTION OF COMMISSIONER'S COURT OF HENDERSON COUNTY AND COMMISSIONER WENDY SPIVEY, IN HER OFFICIAL CAPACITY, TO ABATE, OR ALTERNATIVELY, NO EVIDENCE MOTION FOR SUMMARY JUDGMENT
  28. Motion (No Fee) PLAINTIFF'S TRADITIONAL MOTION FOR PARTIAL SUMMARY JUDGMENT
  29. Amended Filing SECOND AMENDED ANSWER OF DEFENDANTS COMMISSIONER'S COURT OF HENDERSON COUNTY, TEXAS, WENDY SPIVEY IN HER OFFICIAL CAPACITY AS COMMISSIONER, PRECINCT ONE, HENDERSON COUNTY, TEXAS TO PLAINTIFFS' SECOND AMENDED PETITION
  30. Judge's Note Set hearing on Iron River Ranch's No-Evidence MSJ; Plaintiff's Traditional Motion for Partial Summary Judgment for 12/5/23, at 9:00 a.m.
  31. Notice of Hearing
  32. Notice NOTICE OF APPEARANCE OF COUNSEL
  33. Motion for Continuance JOINT MOTION FOR CONTINUANCE OF TRIAL/ ORDER GRANTING JOINT MOTION FOR CONTINUANCE (SENT TO JUDGE)
  34. Motion (No Fee) PLAINTIFF'S CONDITIONALLY UNOPPOSED MOTION FOR LEAVE TO FILE THIRD AMENDED PETITION
  35. Judge's Note S/ORDER GRANTING JOINT MOTION FOR CONTINUANCE. PT.TA 5/20/24 AND JT 5/21/24 AT 9:00 AM
  36. Order for Continuance
  37. Judge's Note Cancel 12/5/23 hearings.
  38. Motion (No Fee) PLAINTIFF SAVE THE CUTOFF'S OPPOSED MOTION TO CONSOLIDATE
  39. Deposition REPORTERT S CERTIFICATION DEPOSITION OF AARON DUSTIN BAKER OCTOBER 23, 2023
  40. Deposition REPORTER'S CERTIFICATION DEPOSITION OF THOMAS ARDOIN OCTOBER 24, 2023
  41. Notice Notice of Appearance
  42. Motion For Summary Judgment (9:00 AM) () Iron River Ranch's Motion for No Evidence Summary Judgment; Plaintiff's Traditional Motion for Partial Summary Judgment & Defendant's Motion to Abate or alternatively, No Evidence MSJ
  43. Reporter's Certificate Matthew Morton 11-2-23
  44. Deposition REPORTER' S CERTIFICATION 15 DEPOSITION OF WILLIAM D. BILL O'HARA 16 OCTOBER 27, 2023 17 (Conducted Remotely via Zoom)
  45. Reporter's Certificate Reporter's Certificate Oral Deposition of Wade McKinney
  46. Reporter's Certificate Reporter's Certificate Oral Deposition of Wendy Spivey
  47. Reporter's Certificate William D. "Bill" O'Hara (amended) 10-27-23
  48. CANCELED Jury Trial Announcement (9:00 AM) () Other Jury Trial set per Agreed Level Three Scheduling Order signed on 5/16/23
  49. Deposition REPORTER' S CERTIFICATION REMOTE DEPOSITION OF JASON FERRELL NOVEMBER 9, 2023
  50. Affidavit of Service CLYDE ALEXANDER
  51. Notice Proof of Service - Amended Subpoena for Deposition Testimony and Duces Tecum
  52. Jury Trial Announcement (9:00 AM) ()
  53. Certificate / Certification REPORTER'S CERTIFICATION DEPOSITION OF CLYDE ALEXANDER II FEBRUARY 29, 2024
  54. Motion (No Fee) PLAINTIFF'S SECOND TRADITIONAL MOTION FOR PARTIAL SUMMARY JUDGMENT
  55. Motion (No Fee) Motion for Hearing on Plaintiff's Second Motion for Partial Summary Judgment and Proposed Order (sent to Judge)
  56. Letter Plaintiff's Pre-Trial Disclosures
  57. Letter PRETRIAL DISCLOSURES OF DEFENDANTS COMMISSIONERS COURT OF HENDERSON COUNTY, TEXAS; WENDY SPIVEY IN HER OFFICIAL CAPACITY AS COMMISSIONER, PRECINCT ONE, HENDERSON COUNTY, TEXAS
  58. Counter Claim/Intervention/Third Party Counter Claim/Cross Action/Interpleader/Intervention/Third Party
  59. Letter INTERVENOR'S SPECIAL EXCEPTIONS TO PLAINTIFF'S SECOND AMENDED PETITION
  60. Letter IRON RIVER RANCH II, LLC'S PRETRIAL DISCLOSURES
  61. Motion (No Fee) JOINT MOTION FOR HEARING ON OUTSTANDING MOTIONS AND MOTION FOR CONTINUANCE OF TRIAL AND SPECIAL SETTING
  62. Proposed Order ORDER GRANTING JOINT MOTION FOR HEARING ON OUTSTANDING MOTIONS AND MOTION FOR CONTINUANCE OF TRIAL AND SPECIAL SETTING
  63. Judge's Note S/ORDER GRANTING JOINT MOTION FOR HEARING ON OUTSTANDING MOTIONS AND MOTION FOR CONTINUNACE OF TRIAL AND SPECIAL SETTING
  64. Judge's Note SET HEARING ON OUTSTANDING MOTIONS FOR 5/20/24, AT 9:00 A.M. AND JURY TRIAL FOR 8/12/24, AT 9:00 A.M.
  65. Order GRANTING JOINT MOTION FOR HEARING ON OUTSTANDING MOTIONS AND MOTION FOR CONTINUANCE OF TRIAL AND SPECIAL SETTING
  66. Judge's Note S/Order Granting Joint Motion for Continuance. Plaintiff's 2nd Motion for Partial Summary Judgment is set for hearing on 5/20/24, at 9:00 a.m.
  67. Order for Continuance
  68. Deposition REPORTER'S CERTIFICATION DEPOSITION OF PEGGY TAYLOR March 25, 2024
  69. Answer/Response/Contest DEFENDANTS' OBJECTIONS TO EVIDENCE IN SUPPORT OF PLAINTIFF'S SECOND TRADITIONAL MOTION FOR PARTIAL SUMMARY JUDGMENT
  70. Letter Plaintiff's Response to Defendants' and Intervenor's Special Exceptions
  71. Letter INTERVENORS AND DEFENDANTS OBJECTIONS TO EVIDENCE IN SUPPORRT OF PLAINTIFFS SECOND TRADITIONAL MTN FOR PARTIAL SUMMARY JUDGMENT
  72. Answer/Response/Contest Answer/Response
  73. Answer/Response/Contest Answer/Response
  74. Letter Plaintiff's Response to Defendants' Motion to Abate and No Evidence Motion for Summary Judgment and to Defendant-Intervenor's Motion for No Evidence Summary Judgment
  75. Answer/Response/Contest RESPONSE TO PLAINTIFF'S SECOND TRADITIONAL MOTION FOR SUMMARY JUDGMENT
  76. Letter Backcountry Hunters & Anglers and Texas Rivers Protection Association Amicus Curiae Brief ISO Plaintiff
  77. Answer/Response/Contest ANSWER OF DEFENDANTS COMMISSIONER'S COURT OF HENDERSON COUNTY, TEXAS, WENDY SPIVEY IN HER OFFICIAL CAPACITY AS COMMISSIONER, PRECINCT ONE, HENDERSON COUNTY, TEXAS TO INTERVENOR-DEFENDANT'S CROSS-CLAIM
  78. Objection PLAINTIFF'S OBJECTIONS TO EVIDENCE ACOMMPANYING INTERVENOR IRRII,LLC'S RESPONSE TO PLTF 2ND TRADITIONAL MTN FOR SJ
  79. Answer/Response/Contest Plaintiff's Response to IRR's & Ds' Objs. to Evidence in Supp. of P's 2nd Trad MPSJ
  80. Answer/Response/Contest Plaintiff's Reply to Defs' & IRR's Responses to P's 2nd Trad MSJ
  81. Letter Plaintiff's Withdrawal of Motion to Consolidate
  82. CANCELED Jury Trial Announcement (9:00 AM) () Passed Hearing
  83. Hearing (9:00 AM) () All Outstanding Motions
  84. Answer/Response/Contest Answer/Response-Intervenor's Supp Objections to MSJ Evid
  85. Answer/Response/Contest DEFENDANTS' REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S AND INTERVENOR'S SPECIAL EXCEPTIONS
  86. CANCELED Jury Trial (9:00 AM) () Passed Hearing
  87. Judge's Note PARTIES W/ATTYS. HEARD ARGUMENTS. REQUESTED BRIEF ON PLEA IN ABATEMENT
  88. Rule 11 Agreement
  89. Reply/Response PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO ABATE
  90. Brief MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS' MOTION TO ABATE, STAY, OR CONTINUE THE CASE
  91. Letter County Defendants' Plea to the Jurisdiction
  92. Judge's Note Set hearing on Motion to Abate for 7/16/24, at 9:00 a.m.
  93. Answer/Response/Contest Plaintiff's Response Brief to Defendants' and Intervenor-Defendant's Memorandum Brief
  94. Answer/Response/Contest Answer/Response
  95. Answer/Response/Contest Plaintiff's Reply to Defendants' and Intervenor-Defendants' Response
  96. Notice NOTICE OF HEARING ON DEFENDANTS' MOTION TO ABATE, STAY, OR CONTINUE THE CASE
  97. Disclosures PLAINTIFF'S PRE-TRIAL
  98. Amended Filing DEFENDANTS' FIRST AMENDED PRETRIAL DISCLOSURES
  99. Motion For Abatement (9:00 AM) ()
  100. Judge's Note PARTIES W/ATTYS. HEARD EVIDENCE ON ABATEMENT
  101. Notice VACATION LETTER -HUDSON
  102. Notice VACATION LETTER- BECKHAM
  103. Judge's Note Letter to Counsel regarding Court's Ruling pertaining to the 7/16/24 hearing; Stayed case pending determination in the "navigability case.
  104. Judge's Note Set Hearing on Plea to Jurisdiction on 8/12/24, at 10:00 a.m.
  105. Notice C Hudson's Vacation Letter
  106. Reply/Response PLAINTIFF'S RESPONSE BRIEF TO DEFENDANTS' PLEA TO THE JURISDICTION
  107. CANCELED Jury Trial Announcement (9:00 AM) () Per Judge R/S from 5/20/24 JTA
  108. Plea To Jurisdiction (9:00 AM) () Hearing set at 10:00 a.m.
  109. Judge's Note PARTIES W/ATTYS. GRANTED COUNTY'S PLEA TO JURISDICTION PER ORDER.
  110. Order GRANTING PLEA TO JURISDICTION
  111. CANCELED Jury Trial (9:00 AM) () Passed Hearing R/S from 5/21/24 Jury Trial Docket
  112. Request Plaintiff's Request for Findings of Fact and Conclusions of Law
  113. Notice of Appeal NOTICE OF ACCELERATED APPEAL
  114. Request REQUEST FOR REPORTER'S RECORD
  115. Notice FROM COURT OF APPEALS
  116. Motion to Sever MOTION TO SEVER AND REQUEST FOR POST-SEVERANCE DISMISSAL OF UNDERLYING ACTION
  117. Bill of Cost
  118. Clerk's Record
  119. Judge's Note Set Zoom Conference for 9/12/24, at 1:30 p.m.
  120. Status Conference (1:30 PM) ()
  121. Judge's Note PARTIES BY ATTYS ON ZOOM. P W/DRAWS REQUEST FOR FINDING OF FACT AND CONCLUSIONS OF LAW. INTERVENER TO BE SEVERED INTO NEW CASE
  122. Request PLAINTIFF'S WITHDRAWAL OF REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW
  123. Proposed Order ORDER FOR SEVERANCE OF CLAIMS AND POST-SEVERANCE DISMISSAL OF UNDERLYING ACTION (SENT TO JUDGE)
  124. Judge's Note S/ ORDER FOR SEVERANCE OF CLAIMS AND POST-SEVERANCE DISMISSAL OF UNDERLYING ACTION
  125. Order FOR SEVERANCE OF CLAIMS AND POST-SEVERANCE DISMISSAL OF UNDERLYING ACTION
  126. Notice of Appeal FIRST AMENDED NOTICE OF APPEAL
  127. Letter OF REQUEST TO SUPPLEMENT CLERK'S RECORD
  128. Clerk's Record SUPPLEMENTAL CLERK'S RECORD SUBMITTED TO TAMES

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