ODonnell v. Harris County, Texas et al

Filing 323

ORDER entered DENYING Devin Cole's Motions: 298 MOTION to Amend 3 Complaint, 299 MOTION to Compel, 300 MOTION, 294 MOTION for Judgment, 296 MOTION for Judgment are all DENIED. The defendant's motions to strike are moot. (Entries 297 and 301) (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARANDA LYNN ODONNELL, et al.,
On behalf of themselves and all others
similarly situated,
Plaintiffs,
VS.
HARRIS COUNTY, TEXAS, et al.,
Defendants.

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May 10, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-16-1414

ORDER DENYING DEVIN COLE’S MOTIONS
Devin Paul Cole filed several motions seeking to intervene, amend the class-action complaint
to seek damages and injunctive relief not currently sought, hold a defense attorney in contempt, and
otherwise alter the litigation posture of the case. (Docket Entry Nos. 294, 296, 298, 299, 300, and
306). Mr. Cole is currently in Harris County jail on felony charges. See (Docket Entry No. 297, Ex.
1). He is not a member of the class of misdemeanor arrestees on whose behalf this case is being
litigated. To the extent that, during the pendency of this class action, Mr. Cole is arrested and held
solely on misdemeanor charges in Harris County, his interests are more than adequately represented
by able class counsel. Mr. Cole’s motions seek dramatic changes in the scope of relief and grounds
for relief after lengthy motions practice has defined both. These motions lack any basis in the record
or in the case law. Mr. Cole’s additional motion to hold an attorney in contempt for making an
ostensibly offensive argument in court is similarly meritless.

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Mr. Cole’s motions, (Docket Entries No. 294, 296, 298, 299, 300, and 306), are denied. The
defendants’ motions to strike Mr. Cole’s motions, (Docket Entries No. 297, 301), are moot.
SIGNED on May 10, 2017, at Houston, Texas.

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Lee H. Rosenthal
Chief United States District Judge

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