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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

ESTATE OF AMELIA H. MACIAS, 

WALTER MACIAS, STEVEN MACIAS, 

YVONNE SHILLING, INDIVIDUALLY 

AND AS A REPRESENTATIVE OF THE 

ESTATE OF AMELIA H. MACIAS;

 Plaintiffs,

vs.

TEXAS DEPARTMENT OF PUBLIC 

SAFETY, VERONICA GIDEON, TEXAS 

DPS OFFICER, INDIVIDUALLY; ELIAS 

ESCALON, TEXAS DPS OFFICER, 

INDIVIDUALLY; NATHAN MUTZ, 

TEXAS DPS OFFICER, 

INDIVIDUALLY; DREW PILKINGTON, 

TEXAS DPS OFFICER, 

INDIVIDUALLY; TEXAS 

DEPARTMENT OF ADULT 

PROTECTIVE SERVICES, BRANDI 

WEIMER, ADULT PROTECTIVE 

SERVICES AGENT, INDIVIDUALLY; 

HENRY L. WHITMANJR., 

COMMISSIOER OF ADULT 

PROTECTIVE SERVICES; JOSEPH 

EVANS, TEXAS DPS OFFICER, 

INDIVIDUALLY; JASON BOBO, 

TEXAS DPS OFFICER, 

INDIVIDUALLY; BRENT BARINA, 

TEXAS DPS OFFICER, 

INDIVIDUALLY; CHAD MATLOCK, 

TEXAS DPS OFFICER; CODY 

MITCHELL, TEXAS DPS OFFICER, 

INDIVIDUALLY; MICHAEL J. SMITH, 

TEXAS DPS OFFICER; STEVEN 

MCCRAW, DIRECTOR OF TEXAS 

DEPARTMENT OF PUBLIC SAFETY; 

CRYSTALYNN NICHOLE CORNEVIN, 

ADULT PROTECTIVE SERVICES 

AGENT; AND STATE OF TEXAS,

 Defendants.

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SA-20-CV-00460-FB

Case 5:20-cv-00460-FB-ESC Document 20 Filed 06/24/20 Page 1 of 3
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ORDER

Before the Court is the above-styled cause of action, which was referred to the 

undersigned for all pretrial proceedings on April 22, 2020 [#6]. On this day, the Court held a 

telephonic status conference, at which Plaintiffs and all served Defendants appeared through 

counsel. At the conference, the Court discussed the various pending motions with the parties and 

issued certain oral rulings, which it now memorializes with the following written orders.

IT IS HEREBY ORDERED that Defendants Adult Protective Services, Henry L. 

Whitman, and Brandi Weimers’ Motion to Dismiss Plaintiffs’ Original Petition Pursuant to 

Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6) [#4] is DISMISSED AS MOOT in light 

of the filing of Plaintiffs’ Amended Complaint.

IT IS FURTHER ORDERED that Defendants’ Joint Motion to Stay Pretrial 

Proceedings Pending Ruling on Motion to Dismiss is GRANTED until further order of the 

Court. The parties’ obligation to hold their Rule 26(f) conference and file their Rule 26(f) report 

and proposed scheduling recommendations is STAYED until after the undersigned has issued a 

report and recommendation on Defendants’ pending motions to dismiss [#9, #10, #11, #12] and 

has ordered that the stay is lifted. 

IT IS FURTHER ORDERED that on or before July 1, 2020 Plaintiffs file a Second 

Amended Complaint, which addresses the following:

• The status of Plaintiffs vis-à-vis Amelia Macias’s estate; 

• The entity Defendants against which Plaintiffs intend to proceed (State of Texas, Texas 

Department of Public Safety, Texas Department of Family Protective Services, and Adult 

Protective Services);

• The individual Defendants (served and unserved) remaining in this case and whether 

Kezeli Wold is a Defendant in this action. 

Case 5:20-cv-00460-FB-ESC Document 20 Filed 06/24/20 Page 2 of 3
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IT IS FINALLY ORDERED that Plaintiffs effectuate service on any newly named

unserved Defendants within 90 days of the filing of Plaintiff’s amended pleading pursuant to 

Rule 4(m) of the Federal Rules of Civil Procedure. Any previously named yet unserved 

Defendant must be served within 14 days of the filing of Plaintiff’s amended pleading. 

SIGNED this 24th day of June, 2020.

ELIZABETH S. ("BETSY") CHESTNEY

UNITED STATES MAGISTRATE JUDGE

Case 5:20-cv-00460-FB-ESC Document 20 Filed 06/24/20 Page 3 of 3