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Case Information
Parties
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Docket Entries
- Motion Hearing (9:00 AM) (Judicial Officer Smith, Benjamin N.) Reduce Amount of Supersedeas Bond/Mtn to Compel/Mtn to Stay/Mtn to Establish/Mtn for Protection - 2 hours announced
- Order on Nonsuit - PARTIAL (Judicial Officer: Smith, Benjamin N.) Comment (Order of Nonsuit without Prejudice of Plaintiff's Claims) Party( Vann, Aaron; Cook, Roxanne; Berwick, Polly Ann; Hoffman, Marcus John; York, Susan Ann; Sidhom, Julie Ann)
- Order (Judicial Officer: Smith, Benjamin N.) Comment (Order Granting in Part and Denying in Part Plaintiff's Emergency Motion to Vacate the Court's Order Dated November 29, 2023)
- Final Judgment (Judicial Officer: Smith, Benjamin N.)
- Plaintiff's Original Petition (OCA) $350.00 Original Petition
- Request for Citation $8.00
- Citation Vann, Aaron Unserved Cook, Roxanne Returned Unserved 10/31/2023 Returned 10/31/2023 Berwick, Polly Ann Returned Unserved 10/31/2023 Returned 10/31/2023 Hoffman, Marcus John Unserved York, Susan Ann Returned Unserved 10/31/2023 Returned 10/31/2023 Sidhom, Julie Ann Returned Unserved 10/31/2023 Returned 10/31/2023
- Administrative Order Order signed 2/28/2023 to transfer to the 380th Court. Order scanned into minutes.
- Notice Collection of Information Form for Mental Illness and Intellectual Disability
- Original Answer Defendant's Answer
- Original Answer Original Answer of Aaron Vann
- Motion Motion to Restrict Internet Access to Plaintiff's Original Petition and to Compel Compliance with Rule 21c
- Third Party Petition $80.00 Aaron Vann's Original Third-Party Petition
- Motion Motion to Disqualify Kim T. Cole
- Request for Citation $8.00
- Citation Smith, Summer Returned Unserved 10/26/2023 Returned 10/26/2023 Cole, Kim T Returned Unserved 10/26/2023 Returned 10/26/2023
- Motion to Dismiss Aaron Vann's Motion to Dismiss
- Service Return Declaration of Unsuccessful Attempts - Summer Smith - Unserved
- Service Return Kim T. Cole - Unserved
- Motion for Substituted Service Motion for Substituted Service on Kim T. Cole
- Order for Substituted Service Order Authorizing Substituted Service of Process on Kim T. Cole
- Motion for Substituted Service Motion for Substituted Service on Summer Smith
- Correspondence Sent by Court
- Order for Substituted Service Order Authorizing Substituted Service of Process on Summer Smith
- Notice of Hearing
- Service Return Affidavit of Due Diligence - Julie Ann Sidhom - Unserved
- Service Return Affidavit of Due Diligence - Polly Ann Berwick - Unserved
- Service Return Affidavit of Due Diligence - Roxanne Cook - Unserved
- Service Return Affidavit of Due Diligence - Susan Ann York- Unserved
- Correspondence Received by Court fax/e-mail received by the court from Justin P Nichols
- Correspondence Additional Return - Citation: Summer Smith
- Correspondence Additional Return - Citation - Kim T Cole - Affidavit of Service
- Response Response To Rule 91a Motion To Dismiss
- Correspondence Additional Affidavit of Service - Kim T Cole
- Correspondence Additional Affidavit of Service - Summer Smith
- Motion Hearing (9:00 AM) (Judicial Officer Smith, Benjamin N.) Restrict Access/Disqualify/Mtn to Dismiss - 45 minutes announced
- Judge's Docket Entry Hearing on defendant Aaron Vann's Rule 91a motion to dismiss. Defendant appeared through counsel. No appearance on behalf of plaintiff. Motion presented and granted. Order signed.
- Correspondence Sent by Court Correspondence Sent by Court
- Correspondence Sent by Court
- Mailed Order Granting Motion to Dismiss
- Order Granted Order Granting Motion to Restrict Internet Acess & Order to Comply With Redaction Rules
- Original Answer Summer Smith's Original Answer to Aaron Vann's Original Third-Party Petition
- Motion - New Trial - Civil $80.00 Motion for New Trial and/or Motion to Vacate Order Granting Dismissal
- Returned Mail Undeliverable Susan Ann York
- Returned Mail Undeliverable Roxanne Cook
- Defendant's Aaron Vann's Request for Final Trial Setting
- Correspondence Received by Court fax/e-mail received by the court from April Granados
- Motion Motion to Retain Case on Docket
- Dismissal for Want of Prosecution (8:00 AM) (Judicial Officer Smith, Benjamin N.) 06/18/2024 Reset by Court to 07/09/2024
- Correspondence Sent by Court
- Correspondence Received by Court fax/e-mail received by the court from April Granados
- Letter RE: Address Change
- Request for Subpoena $8.00
- Subpoena Vann, Aaron Unserved Vann, Asher Unserved
- Motion for Continuance First Motion for Continuance
- Notice of Hearing Notice of Hearing on Aaron Vann's First Motion for Continuance
- Motion to Withdraw Motion for Leave to Withdraw as Counsel
- Subpoena Johnson, Justin Unserved McClure, Patricia Unserved
- Correspondence Sent by Court
- Original Answer Original Answer
- Notice of Appearance Notice of Appearance
- Motion Plaintiff's Emergency Motion to Vacate the Court's Order Dated November 29, 2023 Dismissing Plaintiff's Claims Against Aaron Vann
- Response Third-Party Defendant Summer Smith's Response in Opposition to Aaron Vann's First Motion for Continuance
- Motion to Quash Motion to Quash Subpoenas
- Amended Amended First Motion for Continuance
- Notice Non-Party Justin Johnson's Notice of Withdrawal of Subpoena
- Notice of Hearing Notice of Hearing
- Correspondence Sent by Court
- Trial Before the Court (9:00 AM) (Judicial Officer Smith, Benjamin N.) 3-4 days announced - Mtn for Continuance/Emergency Mtn to Vacate
- Judge's Docket Entry Hearing on plaintiff's motion to vacate prior order of dismissal. Parties appeared through counsel. Motion to vacate granted in part and denied in part. Order of dismissal to be modified. OTBFC
- Judge's Docket Entry Hearing on defendant/3PP's motion for continuance of trial. Parties appeared through counsel. Motion presented and granted.
- Order of Withdrawal of Counsel Order Granting Motion to Withdraw as Counsel
- Mailed Mailed Certified Copies of Order of Nonsuit to Parties
- Returned Mail Undeliverable
- Returned Mail Undeliverable
- Amended Petition Vanns' First Amended Petition
- Notice of Intention to Take Deposition by Written Questions Notice of Intent to Take Deposition of Non-Party with Production of Things: Custodian of Records Plano Police Department
- Notice of Intention to Take Deposition by Written Questions Notice of Intent to Take Deposition of Non-Party with Production of Things: Custodian of Records Plano Independent School District
- Notice of Intention to Take Deposition by Written Questions Notice of Intent to Take Deposition of Non-Party with Production of Things: Custodian of Records Children's Advocacy Center of Collin County, Inc.
- Notice of Intention to Take Deposition by Written Questions Notice of Intent to Take Deposition of Non-Party with Production of Things: Custodian of Records GoFundMe Payments, Inc.
- Motion to Quash Defendant Summer Smith's Motion to Quash the Notice of Intent to Take Deposition of Non-Party with Production of Things: Children's Advocacy Center of Collin County, INC
- Motion to Quash Defendant Summer Smith's Motion to Quash the Notice of Intent to take Deposition of Non-Party with Production of Things: Custodian of Records for GoFundMe Payments, Inc
- Motion to Quash Defendant Summer Smith's Motion to Quash the Notice of Intent to Take Deposition of Non-Party with Production of Things: Custodian of Records for Plano Police Department
- Motion to Quash Defendant Summer Smith's Motion to Quash the Notice of Intent to Take Depostition of Non-Party with Production of Things: Custodian of Records for Plano Independent School District
- Notice of Hearing
- Motion to Withdraw Agreed Motion for Withdrawal of Counsel - L. Sherry
- Correspondence Sent by Court
- Correspondence Received by Court fax/e-mail received by the court from April Granados
- Order of Withdrawal of Counsel Order Granting Agreed Motion for Withdrawal of Counsel
- Amended Answer Summer Smith's Amended Answer to Vanns' First Amended Petition
- Motion Motion to Compel Discovery from Kim T. Cole
- Motion Motion to Compel Discovery from Summer Smith
- Motion Motion to Compel Depositions
- Amended Amended Notice of Hearing
- Response Defendant Summer Smith's Response to Plaintiffs' Motion to Compel Depositions
- Notice Notice of Filing Business Records Affidavit of Plano Police Department
- Returned Mail Undeliverable Order of Nonsuit Without Prejudice of Plaintiff's Claims
- Amended Motion Amended Motion to Compel Discovery from Summer Smith
- Amended Second Amended Notice of Hearing
- Original Answer Defendant Summer Smith's Response to Plaintiffs' Amended Motion to Compel Discovery
- Motion to Quash (9:00 AM) (Judicial Officer Smith, Benjamin N.) Mtn to Compel Cole & Smith/Mtn for Depo Dates - 30 minutes announced 04/23/2025 Reset by Court to 05/21/2025
- Judge's Docket Entry Hearing on plaintiff's motion to compel discovery and motion to compel depositions. Plaintiff appeared through counsel. Defendant Summer Smith appeared pro se. Motions presented with ROR. Orders signed.
- Order Order Compelling Discovery From Summer Smith
- Order Order Compelling Discovery From Kim T. Cole
- Order Order Regarding Depositions
- Order Order on Summer Smith's Motions to Quash
- Notice Notice of Production of Documents from Non-Party: Custodian of Records GoFundMe, Inc.
- Plaintiff's Request for Jury Trial
- Jury Trial Requested $10.00
- Correspondence Sent by Court
- Notice Notice of Intent to Take Oral Deposition of Non-Party (Shauna Khoene)
- Notice Notice of Intent to Take Oral Deposition of Non-Party (Linda Washington)
- Notice Notice of Intent to Take Oral Deposition of Non-Party (Patricia McClure)
- Notice Defendant Summer Smith's Cross-Notice of Intention to Take the Oral Deposition of Patricia Mcclure
- Notice Defendant Summer Smith's Cross-Notice of Intention to Take the Oral Deposition of Linda Washington
- Notice Defendant Summer Smith's Cross-Notice of Intention to Take the Oral Deposition of Shauna Koehne
- Notice Notice of Request for Production of Documents from Non-Party Custodian of Records JP Morgan Chase Bank, National Association
- Certificate of Written Discovery Defendant's Certificate of Written Discovery
- Objection Objection to Court-Ordered Mediation
- Certificate of Written Discovery Plaintiffs' Certificate of Written Discovery Directed to Defendant, Summer Smith
- Letter Re: Scheduling Order
- Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 3 - Civil)
- Correspondence Received by Court fax/e-mail received by Justin P. Nichols
- Notice Notice of Filing Business Records Affidavit of GoFundMe
- Notice Notice of Filing Business Records Affidavit of JPMorgan Chase Bank, N.A.
- Amended Amended Notice of Intent to take Oral Deposition of Non-Party: Patricia McClure
- Correspondence Sent by Court
- Notice Notice of Intent to Take Deposition of Non-Party with Production of Things: Custodian of Records Lifepath Systems Foundation
- Motion Second Motion to Compel Discovery from Summer Smith & Motion for Sanctions
- Amended Second Amended Notice of Intent to Take Oral Depositions of Non-Party: Patricia McClure
- Motion to Quash Defendant Summer Smith's Motion to Quash the Notice of Intent to Take Deposition of Non-Party with Production of Things: Custodian of Records for LifePath Systems Foundation
- Notice Notice of Intent to take Deposition of Non-Party with Production of Things: Custodian of Records Collin County Mental Health Mental Retardation Center d/b/a Lifepath Systems
- Motion Semarion Humphrey's Motion for Protective Order Regarding Access to Medical Records
- Motion to Quash Defendant Summer Smith's Motion to Quash the Notice of Intent to Take Deposition of Non-Party with Production of Things: Custodian of Records for Collin County Mental Health Retardation Center d/b/a Lifepath Systems
- Motion Motion to Re-Align Parties & Re-Style Case
- Certificate of Deposition (Bill of Cost Form) Certificate of Depositions - Summer Smith
- Certificate of Deposition (Bill of Cost Form) Certificate of Deposition - Linda Washington
- Certificate of Deposition (Bill of Cost Form) Certificate of Deposition - Shauna Koehne
- Certificate of Deposition (Bill of Cost Form) Certificate of Deposition - Patricia McClure
- Notice of Hearing Notice of Hearing
- Motion Motion for Relief Regarding Spoilation of Evidence
- Affidavit Affidavit of SeMarion Humphrey
- Certificate Plaintiffs' Certificate of Written Discovery Directed to Defendant, Summer Smith
- Motion Hearing (9:00 AM) (Judicial Officer Smith, Benjamin N.) 30 minutes announced
- Judge's Docket Entry Hearing on various motions brought by plaintiff. Motions presented with ROR. OTBFC
- Order Order Re-Aligning Parties & Re-Styling Case
- Order Order on Motion for Relief for Spoliation of Evidence
- Order Order on Second Motion to Compel Discovery From Summer Smith & Motions for Sanctions
- Order Order on Motion for Protective Order & Motion to Quash
- CANCELED Trial Before the Court (9:00 AM) (Judicial Officer Smith, Benjamin N.) Requested Jury Trial
- Motion Joint Motion to Waive Mediation Requirement
- Order Order on Joint Motion to Waive Mediation Requirement
- Notice Notice of Filing Business Records Affidavit of Lifepath Systems
- Witness List Plaintiffs' Witness List
- Exhibit List Plaintiffs' Trial Evidence List
- Correspondence Sent by Court
- Certificate of Deposition (Bill of Cost Form) Certificate of Deposition
- Motion Defendant's Motion to Compel Production of Documents Obtained from Third Parties Via Subpoena
- Amended Plaintiffs' Amended Witness List
- Motion Plaintiffs' Motions in Limine
- Exhibit List Plaintiffs' Exhibit List
- Motion Plaintiffs' Motion on Miscellaneous Pre-Trial Matters
- Offering of Evidence Defendants' Evidence List
- Motion Defendants' Motion to Require Written Transcripts of Non-Stenographic Depositions
- Proposed Jury Charge Plaintiffs' Proposed Charge of the Court
- Motion for Continuance Motion for Continuance
- Notice of Hearing Notice of Hearing
- Notice of Hearing
- Amended Defendants' First Amended Trial Evidence List
- Correspondence Sent by Court
- Correspondence Received by Court fax/e-mail received by the court from Kim T. Cole
- Correspondence Sent by Court
- Objection Defendants' Objections to Plaintiffs' Exhibit List
- Formal Pretrial Conference (9:00 AM) (Judicial Officer Smith, Benjamin N.) Mtn for Transcripts - Nichols appearing via zoom
- Proposed Jury Charge Defendants' Proposed Charge of the Court
- Motion Plaintiffs' Motion to Exclude Evidence
- Motion for Continuance Defendant Summer Smith's Motion for Continuance
- Jury Trial (9:00 AM) (Judicial Officer Smith, Benjamin N.) 3 days announced
- Judge's Docket Entry Trial by jury. Plaintiffs appeared in court with counsel. Each defendant appeared pro se. Jury panel seated, instructed by court, and examined by counsel for plaintiffs and each pro se defendant. Jury selected.
- Motion Defendant's Motion to Strike, and in the Alternative, Response to, Plaintiffs' Motion to Exclude Evidence
- Response Defendant's Response to Plaintiffs' Motion for Unpaid Attorney's Fees
- Motion Defendants' Motion to Exclude Witnesses
- Judge's Docket Entry Trial by jury, continued. All sides present. Jury sworn, seated, and instructed by court. Opening statements presented to jury.
- Amended Defendants' Amended Proposed Charge of the Court
- Motion Defendants' Motion to Terminate Aaron Vann as a Party
- Jury Chosen (OCA)
- Order Order on Plaintiffs' Motions on Miscellaneous Pre-Trial Matters
- Order Order on Plaintiffs' Motions in Limine
- Judge's Docket Entry Trial by jury, continued. All sides present. Plaintiff's case-in-chief. Witnesses sworn, testimony presented.
- Judge's Docket Entry Trial by jury, continued. Plaintiff's case-in-chief continued. Plaintiff rested. Defense case-in-chief. Testimony presented, with cross examination by counsel for plaintiff. Defendants rested. Evidence closed.
- Judge's Docket Entry Trial by jury, continued. Jury charged. Closing arguments heard. Case submitted to jury for deliberations at 10:44 a.m. Jury reached verdict at 3:35 p.m. Verdict certificate and jury questions and answers announced in open court. Judgment rendered in accordance with jury's verdict. $1,599,00 in favor of plaintiff and against defendants for intentional infliction of severe emotional distress. $1,599,000 in favor of plaintiff and against defendants for invasion of privacy.
- Motion Defendant's Motion to Exclude Plaintiff's Damages Evidence Under the Best Evidence Rule
- Motion Defendant's Motion for Reconsideration of Ruling on Plaintiff's Motion for Spoliation
- Charge of Court
- Peremptory Challenges Defendant Kim Cole
- Peremptory Challenges Plaintiffs
- Peremptory Challenges Summer Smith
- Objection Defendant's Objections to Plaintiffs' Proposed Judgment
- Motion Motion for Judgment Notwithstanding the Verdict
- Motion Motion for Judgment Notwithstanding The Verdict
- Objection Defendant's Objections to Plaintiffs' Proposed Judgment
- Amended Motion Amended Motion for Judgment Notwithstanding the Verdict
- Motion Plaintiffs' Motion to Sign Judgment
- Response Defendant's Response to Plaintiffs' Motion to Sign Judgment
- Correspondence Received by Court Summer Smith
- Correspondence Received by Court Kim T. Cole, Esq.
- Notice of Hearing
- Statement/Affidavit of Inability to Pay Statement of Inability to Afford Payment of Court Costs or an Appeal Bond in Justice Court
- Motion Plaintiffs' Motion to Require Payment of Costs
- Correspondence Sent by Court
- Motion Defendant's Motion to Strike Plaintiff's Motion to Require Payment of Costs and, in the Alternative, Response to Plaintiff's Motion to Require Payment of Costs
- Notice of Hearing
- Correspondence Sent by Court
- Subpoena Return - Not DC Issued Subpoena Duces Tecum- Knox Ricksen LLP
- Motion Knox Ricksen's Motion to Quash and Motion for Protective Order from Subpoena to Attend Hearing and Produce Documents
- Motion Hearing (9:00 AM) (Judicial Officer Smith, Benjamin N.) JNOV/Mtn to Require Payment of Costs - 50 minutes - via zoom
- Notice of Hearing
- Motion to Enter (9:00 AM) (Judicial Officer Smith, Benjamin N.) Judgment/Mtn to Pay Costs - via zoom
- Judge's Docket Entry Hearing on Knox Ricksen's motion to quash and motion for protective order (via zoom). Movant appeared throough counsel. Counsel for plaintiff present. Pro se defendants also present. Motion presented and denied.
- Judge's Docket Entry Hearing on plaintiff's motion to require defendant Summer Smith to pay costs (via zoom). Plaintiff appeared through counsel. Defendant Summer Smith appeared pro se. Motion presented and granted. OTBFC
- Objection Defendant Summer Smith's Objections to Plaintiffs' Proposed Order Requiring Payment of Costs
- Order Order Requiring Summer Smith to Pay Costs
- Correspondence Sent by Court
- Correspondence Received by Court fax/e-mail received by the court from Summer Smith
- Notice of Hearing
- Motion to Enter (9:00 AM) (Judicial Officer Smith, Benjamin N.) Judgment - via zoom
- Judge's Docket Entry Hearing on plaintiff's motion to enter final judgment (via zoom). Plaintiff appeared through counsel. Defendants did not appear. Motion presented and granted. Judgment signed.
- Letter Request for Abstract
- Request for Abstract of Judgment $8.00
- Correspondence Received by Court fax/e-mail received by the court from Justin P Nichols
- Correspondence Received by Court Summer Smith
- Mailed Judgment Letters
- Motion Defendant's Motion to Set Aside Judgment and Request for New Hearing Date
- Issued Abstract of Judgment
- Notice of Hearing Notice of Submission
- Appeals - Notice Of Appeal 05-26-00227-CV - Defendant Summer Smith's Notice of Appeal
- Appeals - Filed NOA with the COA and emailed to Court Reporter
- Appeals - Correspondence Sent Request for Letter of Designation to Defendant
- Appeals - Correspondence
- Appeals - Correspondence Filed Statement of Inability with 5th COA
- Response Plaintiffs' Response to Defendant Summer Smith's Motion to Set Aside Judgment & Request for New Hearing
- Motion Summer Smith's Motion for Protective Order
- Certificate of Written Discovery
- Motion - New Trial - Civil $80.00 Motion for New Trial
- Motion Motion to Reduce Amount of Security Required for Supersedeas Bond
- Exhibit Exhibit 1
- Appeals - Request for Clerk's Record Defendant's Request for Preparation of Clerk Record and Designation of Items to be Included
- Response Defendant's Reply to Plaintiffs' Response to Motion to Set Aside Judgment
- Appeals - Correspondence Sent Cost for Record to Appellant
- Correspondence Received by Court fax/e-mail received by the court from Summer Smith
- Notice of Hearing
- Correspondence Received by Court fax/e-mail received by the court April Granados
- Correspondence Received by Court fax/e-mail received by the court from Justin P. Nichols
- Motion Hearing (9:00 AM) (Judicial Officer Smith, Benjamin N.) Set Aside Judgment - submission
- Order Denied Order Denying Motion to Set Aside Judgment
- Letter Re: Change of Address
- Motion Sworn Motion to Establish Actual Knowledge of Signed Order and for Related Relief
- Notice Notice of Request for Production to Non-Party in Aid of Judgment
- Motion Emergency Motion to Stay Post Judgment Discovery Pending Hearing on Motion to Reduce Supersedeas Bond and Request for Emergency Hearing
- Correspondence Sent by Court
- Motion to Quash Motion to Quash Notice of Request for Production to Non-Party in Aid of Judgment
- Correspondence Sent by Court
- Supplemental Supplement to Emergency Motion to Stay Post Judgment Discovery Pending Hearing on Motion to Reduce Supersedeas Bond and Request for Emergency Hearing
- Amended Amended Notice of Hearing
- Notice Notice of Request for Production to Non-Party in Aid of Judgment
- Notice Notice of Request for Production to Non-Party in Aid of Judgment
- Correspondence Received by Court fax/e-mail received by the court from Summer smith
- Motion to Quash Motion to Quash Notice of Request for Production to Non-Party in Aid of Judgment
- Motion Motion to Compel Post-Judgment Discovery from Kim T. Cole
- Motion Motion to Compel Post-Judgment Discovery from Summer Smith
- Motion to Quash Motion to Quash Notice of Request for Production to Non-Party in Aid of Judgment
- Notice of Hearing
- Notice of Appearance Notice of Appearance
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- Judge details and rulings
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- Related cases and filings
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