Barry v. Freshour et al

Filing 13

ORDER entered DENYING AS MOOT 6 MOTION to Dismiss 1 Complaint . Initial Conference reset for 10/6/2017 at 02:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GENE N. BARRY, Plaintiff, VS. SCOTT M. FRESHOUR, et al., Defendants. § § § § § § § § § August 23, 2017 David J. Bradley, Clerk CIVIL ACTION NO. H-17-1403 ORDER The defendants, Mari Robinson, in her official and individual capacity, and Belinda West, Scott Freshour, Anne Rauch, Mary Chapman, in their individual capacities, and Debbie Henneke, moved to dismiss Gene N. Barry’s complaint. (Docket Entry No. 6). In response, Barry filed an amended complaint. (Docket Entry No. 8). The motion to dismiss is denied without prejudice as moot. (Docket Entry No. 6). The defendants may file a motion to dismiss the amended complaint no later than September 11, 2017, and Barry may respond no later than October 2, 2017. The initial pretrial conference set for September 7, 2017 is cancelled and rescheduled to October 6, 2017, at 2:30 p.m. The parties should be prepared to argue the pending motions at that conference. SIGNED on August 23, 2017, at Houston, Texas. ______________________________________ Lee H. Rosenthal Chief United States District Judge

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