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Photo of Collin County

Court

Collin County

Texas

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Case Information

Filed 2023-07-31
Status Pending
Type Motor Vehicle
Docket 175 entries

Parties

Plaintiff City Of Plano Also Known As As Subrogee Of Erin Thornton
Defendant Drain, Ed
Photo of Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Judge

Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Collin County (TX)

Texas

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Lawyers

Docket Entries

  1. Jury Trial (9:00 AM) (Judicial Officer Nowak, Christine)
  2. Order (Judicial Officer: Nowak, Christine) Comment (Final Order on City of Plano's Plea to the Jurisdiction)
  3. Order to Sever (Judicial Officer: Nowak, Christine) Comment (Order Granting Motion to Sever of the City of Plano)
  4. Notice of Non-Suit - PARTIAL Comment (City of Plano's Notice of Non-Suit of Defendant Misaeel Escalante Vasquez Without Prejudice)
  5. Order on Nonsuit - PARTIAL (Judicial Officer: Nowak, Christine) Comment (City of Plano's Order of Non-Suit of Defendant Misaeel Escalante Vasquez without Prejudice) Party( Vasquez, Misaeel Escalante)
  6. Plaintiff's Original Petition (OCA) $350.00
  7. Request for Citation $8.00
  8. Constable Service Fee #3, $75.00
  9. Citation Vasquez, Misaeel Escalante Returned Unserved 09/22/2023 Returned 09/22/2023
  10. Constable Service Return Unexecuted
  11. Administrative Order Order signed 9/29/2023 to transfer to the 493rd Court. Order scanned into minutes.
  12. Amended Amended Entry of Appearance
  13. Appearance of Counsel Entry of Appearance
  14. Supplemental Plaintiff Erin Thornton's Supplement To Original Petition
  15. Cross Action or Claim $80.00 Plaintiff Erin Thornton's Cross-Claim
  16. Motion for Substituted Service Plaintiff Erin Thornton's Motion for Substituted Service
  17. Notice of Hearing
  18. Supplemental Supplement to Plaintiff's Motion for Substituted Service
  19. Original Answer City of Plano's Orginal Answer to Erin Thornton's Cross-Claim
  20. Motion Hearing (9:00 AM) (Judicial Officer Nowak, Christine)
  21. Judge's Docket Entry Case called for hearing on Motion for Substitute Service. Counsel for City of Plano appeared; Counsel for Thornton appeared. Supplement to Motion recently filed supporting request by Affidavit. Argument by counsel heard. Court grants Motion.
  22. Order for Substituted Service Order Granting Plaintiff's Motion for Substituted Service
  23. Amended Petition Plaintiff Erin Thornton's First Amended Petition
  24. Notice Plaintiff's Notice of Filing Second Affidavit of Erin Thornton
  25. Original Answer City of Plano's Answer to Erin Thornton's First Amended Petition
  26. CANCELED Motion to Enter (9:00 AM) (Judicial Officer Nowak, Christine) Per Judge Motion to Enter DCO
  27. Motion to Enter (1:15 PM) (Judicial Officer Nowak, Christine) Motion to Enter DCO
  28. Amended Answer City of Plano's First Amended Answer to Erin Thornton's First Amended Petition
  29. Exhibit Exhibit A
  30. Plaintiff's City of Plano's Demand for Jury Trial
  31. Jury Trial Requested $10.00
  32. Judge's Docket Entry Case called for hearing. Appearances by Plaintiffs stated; Defendant did not appear. DCO entered.
  33. Discovery Control Plan and Scheduling Order (Level 3 - Civil)
  34. Application for TRO (In Existing Case) $80.00 Plaintiff's Application for Temporary Restraining Order
  35. Judge's Docket Entry TRO denied. Case to be set within 10 days for TI.
  36. Rule 11 Agreement
  37. Deputy Reporter Statement
  38. Correspondence Sent by Court Re: Notice
  39. Letter Letter to Court
  40. Letter Re: Defendant's Original Answer
  41. Original Answer Defendant's Original Answer, Required Disclosures, and Jury Demand
  42. Jury Trial Requested $10.00
  43. CANCELED Temporary Restraining Order Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Agreement Reached
  44. Returned Mail Undeliverable
  45. Amended Answer City of Plano's Second Amended Answer
  46. Administrative Order First Administrative Judical Region Order of Assignment by the Presiding Judge
  47. Amended Plaintiff's Amended Application for Temporary Restraining Order
  48. Notice of Hearing Notice of Hearing
  49. Temporary Restraining Order Hearing (9:30 AM) (Judicial Officer Nowak, Christine)
  50. General Docket Entry Hrg. TRO/ court will rule by letter/ RNall
  51. General Docket Entry Hrg. on TR\O/ granted
  52. Temporary Restraining Order Temporary Restraining Order and Order Setting Hearing for Temporary Injunction
  53. Amended Petition Plaintiff Erin Thornton's Second Amended Petition
  54. Request for Citation $8.00
  55. Bond Application Fee Collected $5.00
  56. Certificate of Cash Deposit in Lieu of Surety Bond
  57. Citation Drain, Ed Unserved
  58. Supplemental Plaintiff's Supplement to Second Amended Petition for Judicial Review Under Texas Labor Code 410.252
  59. Deputy Reporter Statement
  60. Motion for Contempt - Civil $80.00 Plaintiff Erin Thornton's Motion for Contempt Finding
  61. Notice of Appearance Notice of Appearance on Behalf of Cross-Defendant City of Plano, Texas by Attorneys Ricardo J. Navarro and Kelly R. Albin
  62. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Oral Deposition of City of Plano Representative Larry Lockley August 1, 2024
  63. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Oral Deposition of City of Plano Representative Brandon Poterma August 1, 2024
  64. Original Answer Cross-Defendant City of Plano, Texas' and Cross-Defendant Police Chief Ed Drain's Original Answer to Plaintiff's Second Amended Original Petition
  65. Response Cross-Defendant City of Plano's Response to Plaintiff's Motion for Contempt
  66. Plea to Jurisdiction City of Plano's Plea to the Jurisdiction
  67. Plea to Jurisdiction Chief Ed Drain's Plea to the Jurisdiction and Assertion of Official Immunity
  68. Motion to Quash Cross-Defendants' Motion to Quash Deposition of Cross-Defendant Police Chief Ed Drain
  69. Letter Reg: Request to Set A Hearing
  70. Rule 11 Agreement Notice of Rule 11 Agreement
  71. Notice of Hearing Notice of Hearing on City of Plano's Plea to the Jurisdiction
  72. Notice of Hearing Notice of Hearing on Chief Ed Drain's Plea to the Jurisdiction
  73. Response Erin Thornton's Special Exceptions and Response to the City's of Plano's and Ed Drain's Jurisdictional Pleas
  74. Response Cross-Defendant City of Plano's Response in Opposition to Plaintiff's Thornton's Application for Temporary Injunctive Relief
  75. Response Defendant City of Plano's Reply to Plaintiff Thornton's Response to the Cross-Defendant City' of Plano's Plea to the Jurisdiction, and Cross-Defendant Ed Drain's Plea to the Jurisdiction and Assertion of Official Immunity and Evidentiary Exhibits in Further Support of the Pleas to the Jurisdiction
  76. CANCELED Temporary Injunction (1:15 PM) (Judicial Officer Nowak, Christine) Reset
  77. CANCELED Plea to the Jurisdiction (1:15 PM) (Judicial Officer Nowak, Christine) Reset
  78. Exhibit List Plaintiff's Exhibit List-Temporary Injunction (10/3/24)
  79. Objection Erin Thornton's Objections to Defendants' Evidence on Defendants' Pleas to the Jurisdiction
  80. Judge's Docket Entry Case called for hearing on (1) TI, (2) Motion to Quash, and (2) Pleas to Jurisdiction. Discussion regarding Greif; pleas and TI reset for October 10 at 1:15PM (2 hours allotted). Motion to Quash denied as moot; deposition proceeded on 9/20.
  81. Order Denied Order on Defendant Ed Drain's Motion to Quash and for Protection from Deposition
  82. Motion Motion to Sever
  83. Supplemental Defendant City of Plano's Supplemental Reply in Further Support of It's Plea to the Jurisdiction Pertaining to Applicability of Chapter 177A to the City of Plano and its Police Chief Drain
  84. Temporary Injunction (1:15 PM) (Judicial Officer Nowak, Christine)
  85. Plea to the Jurisdiction (1:15 PM) (Judicial Officer Nowak, Christine)
  86. Supplemental Erin Thornton's Supplemental Response to Cross-Defendant City of Plano's and Defendant Ed Drain's Jurisdictional Pleas
  87. Amended Plaintiff's Amended Exhibit List - Temporary Injunction(10/10/2024)
  88. Status - No Appearance Required (1:15 PM) (Judicial Officer Nowak, Christine) Recieve Order
  89. Motion to Withdraw Counter-Defendant City of Plano's Unopposed Motion for Withdrawal and Substitution of Counsel
  90. Order of Withdrawal of Counsel Order Granting Counter-Defendant City of Plano's Unopposed Motion for Withdrawal and Substitution of Counsel
  91. Letter Vacation Letter
  92. Amended Petition Plaintiff Erin Thornton's Third Amended Petition
  93. Response Plaintiff Erin Thornton's Response to Motion to Sever and Plea to the Jurisdiction
  94. Notice of Hearing Notice of Hearing on City of Plano's Motion to Sever
  95. Motion Plaintiff Erin Thornton's First Motion to Compel Discovery
  96. Mailed or Faxed or Emailed Notice Notice of Funds in the Court Registry
  97. Plea to Jurisdiction Counter-Defendant City of Plano's Second Plea to the Jurisdiction
  98. Motion to Dismiss Counter-Defendant City of Plano's and Police Chief Ed Drain's Motion to Strike and Dismiss Claims in Plaintiff's Third Amended Petition
  99. Response City of Plano's Reply to Plaintiff's Response to Motion to Sever and Plea to the Jurisdiction
  100. Notice of Appearance
  101. Notice of Hearing Notice of Hearing on Counter-Defendant City of Plano's and Police Ed Drain's Motion to Strike and Dismiss Claims in Plaintiff's Third Amended Petition and Counter-Defendant City of Plano's Second Plea to the Jurisdiction
  102. Motion to Sever (1:15 PM) (Judicial Officer Nowak, Christine)
  103. Appeals - Notice Of Appeal 05-24-01330-CV - Plaintiff Notice of Appeal
  104. Appeals - Filed NOA with the COA and emailed to Court Reporter
  105. Judge's Docket Entry Case called for hearing on Motion to Sever. Appearances stated. Defense counsel advises coordinator also set additional motions; court unaware. Plaintiff's counsel advises has filed a notice of appeal. Discussion regarding whether Court can proceed at all on any motions/proceedings in light of appeal. Briefing ordered on whether court must stay all proceedings; or court may grant request to sever and proceed with remaining claims while appeal pending - briefing to be filed by COB 11/25, following receipt Court will stay all proceedings or take up motion to sever on submission.
  106. Plaintiff's Plaintiff's Request for Court Reporter
  107. Objection Plaintiff Erin Thornton's Objection to Motion to Strike and Motion to Dismiss
  108. Request for Findings of Fact and Conclusions of Law Plaintiff's Request for Findings of Fact and Conclusions of Law
  109. Appeals - Req for Reporter's Record Plaintiff's Request for Reporter's Record
  110. Appeals - Request for Clerk's Record Plaintiff's Designation of Clerk's Record
  111. Appeals - Correspondence Sent Request for Reporter's Record to Court Reporter
  112. Deputy Reporter Statement
  113. Appeals - Correspondence
  114. Appeals - Correspondence Sent Cost for Record to Appellant Attorney
  115. Appeals - Clerk's Record Paid $
  116. Appeals- Clerk's Record
  117. Appeals - Correspondence
  118. Letter Re: Briefing
  119. Letter Letter Addressed to Court
  120. Objection Police Chief Ed Drain's Objection to Plaintiff's Request for Findings of Fact and Conclusions of Law
  121. Motion to Sever (1:15 PM) (Judicial Officer Nowak, Christine) Via Submission
  122. Judge's Docket Entry Following review of the Parties' briefing, both concur that in light of the pendency of Plaintiff's appeal, the Court may not rule on the Motion to Sever; the stay is applicable to all proceedings in the trial court.
  123. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Oral Deposition of Ed Drain September 20, 2024
  124. Certificate of Deposition (Bill of Cost Form) Reporter's Certification of James Samuel Greif Taken October 5, 2024
  125. Judge's Docket Entry On November 20, 2024, Police Chief Ed Drain's Objection to Plaintiff's Request for Findings of Fact and Conclusions of Law was filed. No response has been filed, to date. The Court following thorough review of the Objection and cited authorities, and no response having been received, sustains the Objection and declines to enter findings of fact and conclusions of law. "Although findings of fact and conclusions of law can be entered after a ruling on a jurisdictional plea if there has been an evidentiary hearing, a party cannot compel their preparation." Primestar Construction, Inc. v. City of Dallas, 2019 WL 1033978, *5 (Tex. App. - Dallas, Mar. 5, 2019) (citing Goldberg v. Comm'n for Lawyer Discipline, 265 S.W.3d 568, 578 (Tex. App.-Houston [1st Dist.] 2008, pet. denied). The Dallas Court of Appeals in Primestar further opined, "[i]n a de novo review of a plea to the jurisdiction, an appellate court 'must exercise its own judgment to determine each issue, and so cannot consider findings and conclusions even if they are included in the record. Regardless of the trial court's subjective basis for its decision, a party challenging a ruling on a plea [to the jurisdiction] must address all independent grounds, and demonstrate that none support the court's decision.'" Id. At 6 (internal citations omitted). See also Jefferson v. Bazaldua, 2024 WL 3933886, *3 (Tex. App. - Dallas Aug. 26, 2024); F-Star Socorro, L.P. v. El Paso CAD, 324 S.W.3d 172, 175 (Tex. App. - El Paso 2010, no pet); Leonard v. City of Burkburnett, 2023 WL 8940816. *6 (Tex. App. - Fort Worth, Dec. 28, 2023).
  126. Address Change Notice of Change of Address
  127. Address Change Defendant's Notice of Firm Address Change
  128. Letter Letter to Court
  129. Status - No Appearance Required (9:00 AM) (Judicial Officer Nowak, Christine) Status Report to be Filed
  130. Status - No Appearance Required (10:00 AM) (Judicial Officer Nowak, Christine)
  131. Letter Letter to Court
  132. Appeals - Cover Letter
  133. Appeals - Judgment And Opinion Memorandum Opinion - Affirmed
  134. Returned Mail Undeliverable Lauren Strax-Cheung
  135. Appeals - Correspondence Bill of Costs Texas Court of Appeals, Fifth District, at Dallas
  136. Appeals - Cover Letter
  137. Appeals - Mandate Affirmed
  138. Letter Letter to Court re Status Update
  139. Correspondence Sent by Court
  140. Status - No Appearance Required (10:00 AM) (Judicial Officer Nowak, Christine) Status Report to be Filed
  141. Motion City of Plano's 2nd Motion to Sever
  142. Motion Plaintiff's Second Motion to Compel Discovery
  143. Notice of Hearing Notice of Hearing on City of Plano's 2nd Motion to Sever
  144. Notice of Hearing
  145. Response Plaintiff Erin Thornton's Response to Subrogee City of Plano's Second Motion to Sever
  146. Response City of Plano's Response to Erin Thonton's First and Second Motions to Compel
  147. Status (9:00 AM) (Judicial Officer Nowak, Christine)
  148. Motion to Compel (9:00 AM) (Judicial Officer Nowak, Christine)
  149. Motion to Sever (9:00 AM) (Judicial Officer Nowak, Christine)
  150. Motion to Compel (9:00 AM) (Judicial Officer Nowak, Christine)
  151. Judge's Docket Entry Case called for hearing on (1) status conf., (2) City of Plano Second Motion to Sever; (3) Plaintiff Motion to Compel. Appearances stated. Court recites procedural history. Argument presented on Motion to Sever; Ex. 1 admitted. Court grants severance - three separate causes - car wreck, employment, judicial review. Parties reach agreement on DCOs. Court signs and approves; Defendant to pay severance/filing fee associated with severance and instructed to speak with clerk's office before leaving courthouse regarding severance procedures of clerk's office. Ex. 2 admitted; Parties agree City of Plano will determine w/in 10 days records on list it has in its possession, for those in its possession will produce w/in 20 days. Parties agree Defendants discovery requests to be treated as if reserved today; responses due 30 days from today's date. Parties agree to take deposition in City's control on or before Dec. 15; City to provide contact info for those not in City's control w/in 1 week and Parties agree those depositions to be taken on or before Dec. 15. Parties to reduce discovery sharing agreeent to writing and to file w/in 30 days. MTE set for 10/24 @ 10AM
  152. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 3 - Civil)
  153. Deputy Reporter Statement
  154. Motion to Enter (10:00 AM) (Judicial Officer Nowak, Christine) Motion to Enter Order(s)
  155. Rule 11 Agreement Notice of Rule 11 Agreement
  156. Returned Mail Undeliverable
  157. Amended Petition Plaintiff Erin Thornton's Fourth Amended Petition
  158. Amended Petition Plaintiff Erin Thorton's Fifth Amended Petition
  159. Motion Plaintiff Erin Thornton's Third Motion to Compel Discovery
  160. Plea in Abatement City of Plano's Plea of Abatement
  161. Notice of Hearing
  162. Mailed City of Plano's Order of Non-Suit of Defendant Misaeel Escalante Vasquez without Prejudice
  163. Mailed Notice of Non-Suit Partial
  164. Letter Letter to Clerk - Re: Defendant's Motion to Quash Oral Deposition and Motion for Protective Order
  165. Response Erin Thornton's Response to Subrogee Cross-Defendant City of Plano's Plea in Abatement As To Subrogation Lien
  166. Letter Letter to Clerk
  167. Motion to Quash Defendant's Motion to Quash Oral Deposition and Motion for Protective Order
  168. Response City of Plano's Reply to Plaintiff's Response to Plea of Abatement
  169. Response Erin Thornton's Sur-Reply on City of Plano's Plea in Abatement
  170. Motion to Compel (2:00 PM) (Judicial Officer Nowak, Christine)
  171. Order Granted Order Granting Plaintiff's Third Motion to Compel Discovery
  172. Judge's Docket Entry Case called for hearing in all three related cases (which were severed from original cause). In car wreck case (04071), Motion to Compel heard. Parties reach agreement on written discovery responses to be served by 3/11 and deposition of Defendant to proceed on 3/6. Order signed. In employment case (08807), Plaintiff's plea in abatement (urging Dallas Co. case dominant jurisdiction) argued. Court denies plea; order signed. Defendant's Motion to Strike Plaintiff's First Amended Petition (urging all claims against Chief Drain and 177A/mandamus claims should be dismissed as Court previously ruled in prior motions) argued. Court grants Motion to Strike; order signed. City of Plano's plea to the jurisdiction, and in the alternative, plea in abatement argued. In worker's comp (08840), Defendant's Motion to Strike presented. Court grants Motion to Strike; order signed. Defendant's plea to jurisdiction argued; Defendant nonsuits. Court takes under advisement.
  173. Letter Letter for Deposition Set
  174. Letter Letter Regarding Deposition
  175. Pre-trial Conference (9:00 AM) (Judicial Officer Nowak, Christine)

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