Franklin v. City of Dothan, Alabama et al
| Tydarrius Franklin |
| Belinda Robinson and City of Dothan, Alabama |
| 1:2021cv00349 |
| May 17, 2021 |
| US District Court for the Middle District of Alabama |
| Emily C Marks |
| Susan Russ Walker |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.
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Filing 21
Corrected MOTION to Stay Briefing Schedule to Allow Motion for Leave to Amend by Tydarrius Franklin. (Fowler, Dustin)
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Filing 20
MOTION to Stay Briefing Schedule to Allow Motion for Leave to Amend by Tydarrius Franklin. (Fowler, Dustin)
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Filing 19
ORDER: Now pending before the Court is the Plaintiff's motion for enlargement of time to respond to the Defendant's motion to dismiss (doc. #18 ) filed on 6/22/2021. Upon consideration of the motion, and for good cause, it is ORDERED that the motion for an enlargement of time to respond (doc. #18 ) is GRANTED. The Plaintiff shall have until 7/23/2021 to file a response. In all other respects, the motion is DENIED. It is further ORDERED the Defendants shall have until 7/30/2021, to file a reply to the Plaintiff's response. Signed by Chief Judge Emily C. Marks on 6/23/2021. (dmn, )
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Filing 18
MOTION for Enlargement of Time to Respond to Defendant's #10 Motion To Dismiss by Tydarrius Franklin. (Fowler, Dustin) Modified on 6/23/2021 to create link. (dmn, )
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Filing 17
NOTICE of Correction re #7 Answer to Complaint. The original pdf did not contain the address, phone number of plaintiff, nor did it contain a certificate of service. The correct pdf is attached to this notice. (Attachments: #1 Corrected Answer with Certificate of Service)(dmn, )
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Filing 16
Case reassigned to Chief Judge Emily C. Marks. Honorable Judge Susan Russ Walker no longer assigned to the case as presiding judge. (dmn, )
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Motions No Longer Referred due to case reassignment: #10 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (dmn, )
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NOTICE of Docket Text Correction re #9 Rule 26(f) Order. The docket text of the referenced order was corrected as follows: Rule 26(f) Meeting Report due by 6/25/2021. The original docket text was erroneously set for 6/11/2021 due to docketing error. The Notice of Electronic Filing also reflects the incorrect date 6/11/2021. This deadline has now been vacated pursuant to #15 Order, but the docket has been corrected to reflect the proper date. (dmn, ) (no pdf)
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Filing 15
RULE 26(f) ORDER: In light of defendant City of Dothan's filing a motion to dismiss, Doc. #10 , it is ORDERED that the court's 6/11/2021 order (Doc. #9 ) is VACATED IN PART to the extent that it sets a deadline for the parties to submit a Rule 26(f) report. The June 21, 2021 deadline to request reassignment or consent remains in effect. It is further ORDERED that plaintiff shall respond to the motion to dismiss on or before 6/29/2021. Defendants may file a reply by 7/6/2021. Signed by Honorable Judge Susan Russ Walker on 6/15/2021. (dmn, )
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Filing 14
NOTICE of Assignment to Magistrate Judge sent to counsel for Defendant City of Dothan, Alabama. (dmn, )
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Filing 13
NOTICE of Filing Exhibits Conventionally (Exhibits 2 and 3 (VIDEOS, (1) DVD)) re #11 BRIEF/MEMORANDUM in Support of #10 Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim, by City of Dothan, Alabama. (Attachments: #1 Exhibits 2, 3 (VIDEOS, (1) DVD) to Doc. #11 ) (DVD placed in envelope attached to document #13 in file in Clerk's office.)(dmn, )
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***Attorney Freddie Lenton White, II added for City of Dothan, Alabama. (dmn, ) (no pdf, see Doc. #10 )
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Filing 12
Corporate/Conflict Disclosure Statement by City of Dothan, Alabama. (Pike, James)
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Filing 11
BRIEF/MEMORANDUM in Support re #10 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Dothan, Alabama. (Attachments: #1 Ex. 1, Municipal Court Records, #2 Ex. 2, Incident Video (Jail Pod View) (DVD IN ENVELOPE ATTACHED TO DOC. #13 IN FILE IN CLERK'S OFFICE), #3 Ex. 3, Incident Video (Jail Hall View) (DVD IN ENVELOPE ATTACHED TO DOC. #13 IN FILE IN CLERK'S OFFICE), #4 Ex. 4, Termination Decision, #5 Ex. 5, Sworn Affidavit of Claim)(Pike, James) Modified on 6/16/2021 to include text regarding (1) DVD containing Exhibits 2 and 3 filed with Notice of Filing (Doc. #13 ). (dmn, )
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Filing 10
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Dothan, Alabama. (Pike, James)
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Filing 9
RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 6/25/2021. Counsel for the parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 6/21/2021 as further set out in the order. Signed by Honorable Judge Susan Russ Walker on 6/11/2021. (dmn, ) Modified on 6/15/2021 to correct Rule 26 Meeting Report due date from 6/11/2021 to 6/25/2021 due to docketing error. VACATED IN PART PURSUANT TO #15 ORDER to the extent that it sets a deadline for the parties to submit a Rule 26(f) report. (dmn, )
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Filing 8
NOTICE of Assignment to Magistrate Judge sent to Defendant Belinda Robinson, Pro Se. (dmn, )
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Filing 7
ANSWER to #1 Complaint by Belinda Robinson, Pro Se.(dmn, ) Modified on 6/9/2021 to include pro se. (dmn, ) (Additional attachment(s) added on 6/21/2021: #1 Corrected Answer with Address and Certificate of Service) (dmn, ).
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Filing 6
Return Receipt Card showing service of #1 complaint and summons signed by Brooke Johnson for City of Dothan, Alabama served on 5/24/2021, answer due 6/14/2021. (dmn, )
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Filing 5
Summons Issued as to Belinda Robinson and returned to counsel for service via process server. (bes, )
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Filing 4
Summons Issued as to City of Dothan, Alabama; mailed CMRRR with a copy of the #1 Complaint. (bes, )
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Filing 3
NOTICE of Assignment to Magistrate Judge sent to counsel for Plaintiff Tydarrius Franklin. (dmn, )
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Filing 2
Corporate/Conflict Disclosure Statement by Tydarrius Franklin. (dmn, )
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Filing 1
COMPLAINT against City of Dothan, Alabama, Belinda Robinson ( Filing fee $ 402.00 receipt number 4602063361.), filed by Tydarrius Franklin. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(dmn, )
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DEMAND for Trial by Jury by Tydarrius Franklin. (dmn, ) (no pdf see Doc. #1 for pdf)
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