United States of America v. 22.58 Acres of Land, More or Less, Situated in Montgomery County, State of Alabama et al
Plaintiff: United States of America
Defendant: OSI, Inc., 22.58 Acres of Land, More or Less, Situated in Montgomery County, State of Alabama, Revenue Commissioner and Revenue Commission Sarah G Spear
Case Number: 2:2008cv00180
Filed: March 13, 2008
Court: US District Court for the Middle District of Alabama
Office: Montgomery Office
County: Montgomery
Presiding Judge: Mark E Fuller
Referring Judge: Terry F Moorer
Nature of Suit: Condemnation
Cause of Action: 40 U.S.C. ยง 258 (a) Public Buildings & Property: Land Condem
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 12, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2010 Filing 46 STIPULATED JUDGMENT AND ORDER OF DISBURSAL: the full just compensation payable by Plaintiff is $68,000.00; judgment is entered against the United States of America in the amount of $68,000.00 plus any accrued interest on any amount previously deposited with this Court; Plaintiff shall deposit $15,000.00 directly to counsel for Plaintiff after entry of this Judgment; this $15,000.00 along with the $53,000.00 currently in the Court's registry results in the sum of $68,000.00. This sum shall account for full and just compensation, all interest, attorneys attorneys fees and costs, and any other litigation expenses; the Clerk is authorized and directed to draw a check on the funds on deposit in the registry of this Court and disburse just compensation, in the principal amount of $53,000.00 plus 90% of accrued interest to Defendant OSI. Inc., and J. Doyle Fuller, minus any statutory users fees, payable to Defendant OSI Inc., and J. Doyle Fuller, Attorney at Law. The balance of 10% accrued interest shall be paid to the U.S. Treasury as a handling fee. Signed by Hon. Chief Judge Mark E. Fuller on 10/12/2010. (br, ) term: Final Pretrial Conference set for 05/19/2011; Non-Jury Trial set for 06/20/2011
October 8, 2010 Filing 45 Joint MOTION for Entry of Stipulated Judgment and Order of Disbursal by OSI, Inc. (Attachments: #1 Proposed Stipulated Judgment and Order of Disbursal)(Fuller, James) Modified on 10/12/2010 to clarify text (br, ).
October 6, 2010 Filing 44 RESPONSE TO #43 ORDER TO SHOW CAUSE by Revenue Commissioner. (Walker, Constance) Modified on 10/7/2010 to add link (br, ).
October 5, 2010 Opinion or Order Filing 43 ORDER that Defendant Revenue Commission Sarah G. Spear shall show cause why #42 Proposed Stipulated Judgment and Order of Disbursal should not be adopted by the court. Show Cause Response due by 10/12/2010. Signed by Hon. Chief Judge Mark E. Fuller on 10/5/2010. (br, )
September 29, 2010 Filing 42 Proposed Stipulated Judgment and Order of Disbursal. (br, )
May 18, 2010 Filing 41 UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 5/19/2011 in chambers before Hon. Chief Judge Mark E. Fuller. Non-Jury Trial set for 6/20/2011 in Montgomery before Hon. Chief Judge Mark E. Fuller. Amended Pleadings due by 8/2/2010. Discovery due by 5/5/2011. Motions due by 2/18/2011. Mediation Notice due by 3/16/2011. Signed by Hon. Chief Judge Mark E. Fuller on 5/18/2010. (br, )
May 13, 2010 Minute Entry for proceedings held before Hon. Chief Judge Mark E. Fuller: Telephone Scheduling Conference held on 5/13/2010 (No PDF attached). (kcg, )
April 30, 2010 Opinion or Order Filing 40 ORDER that the Scheduling Conference set in this case for May 6, 2010, is continued to 5/13/2010 02:00 PM before Hon. Chief Judge Mark E. Fuller by conference call arranged by counsel for the government. Signed by Hon. Chief Judge Mark E. Fuller on 4/30/2010. (cc, )
April 27, 2010 Filing 39 NOTICE by OSI, Inc. of Potential Scheduling Conflict (Fuller, James)
April 27, 2010 Opinion or Order Filing 38 ORDER: Scheduling Conference set for 5/6/2010 09:00 AM before Hon. Chief Judge Mark E. Fuller by conference call arranged by counsel for the government. Signed by Hon. Chief Judge Mark E. Fuller on 4/27/2010. (cc, )
April 22, 2010 Filing 37 REPORT of Rule 26(f) Planning Meeting. (Neeley, Robert)
March 23, 2010 Filing 36 RULE 26(f) ORDER: Rule 26 Meeting Report due by 4/22/2010. Signed by Hon. Chief Judge Mark E. Fuller on 3/23/2010. (br, )
February 18, 2010 Opinion or Order Filing 35 ORDER granting #4 Motion for Order for Delivery of Possession; all persons in possession or control of the property described in the complaint shall surrender possession of said property to the extent of the estate being condemned, to the Government immediately. It is further ORDERED that counsel for the Government shall forward a copy of this Order by mail to all persons in possession or control of the said property forthwith. Signed by Hon. Chief Judge Mark E. Fuller on 2/18/2010. (br, )
February 16, 2010 Opinion or Order Filing 34 ORDER granting #2 Motion to Deposit Funds; it is further ORDERED that the sum of $53,000.00 be deposited by the Clerk into the registry of this Court forthwith, and that the Clerk shall deposit the funds into an interest-bearing account. Signed by Hon. Chief Judge Mark E. Fuller on 2/16/2010. (br, )
February 3, 2010 Filing 33 MEMORANDUM OPINION AND ORDER that the #16 Motion to Dismiss is DENIED, and the portion of Defendant's Reply to the Plaintiff's Response to Motion to Dismiss that the Court construed as a Motion to Transfer or Stay #27 is DENIED. It is further ORDERED that if the parties have reached a settlement in the Tucker Act case that they agree resolves the issues in this case, they shall file a joint motion to stay or dismiss this case within seven days of the date of this memorandum opinion and order. Signed by Hon. Chief Judge Mark E. Fuller on 2/3/2010. (Attachments: #1 Civil Appeals Checklist)(br, )
April 30, 2009 Filing 32 RESPONSE to Motion re #16 MOTION to Dismiss filed by United States of America. (Attachments: #1 DEX 1, #2 DEX 2, #3 DEX 3, #4 DEX 4, #5 Exhibit List)(Neeley, Robert)
April 23, 2009 Opinion or Order Filing 31 ORDER denying #30 Motion for Status Conference and Stay of Order to File Response. Counsel for the Government shall comply with this court's #29 Order. In particular, counsel shall file the brief required by that order on or before 4/30/09. Failure to comply with this Order and the Court's previous Order shall result in sanctions against counsel for the Government and the Government itself, to the extent permitted by applicable law. Signed by Hon. Chief Judge Mark E. Fuller on 4/23/09. (sl, )
April 17, 2009 MOTION for Status Conference by United States of America. (This document has no pdf attached. See #30 for pdf.) (sl, )
April 17, 2009 Filing 30 MOTION to Stay re #29 Order, Set Deadlines and for Status Conference by United States of America. (Neeley, Robert)
April 8, 2009 Opinion or Order Filing 29 ORDERED that the government shall file, on or before 4/17/09, a brief in opposition to the #16 MOTION to Dismiss as further set out in order. Signed by Hon. Chief Judge Mark E. Fuller on 4/8/09. (sl, )
August 29, 2008 Filing 28 BRIEF/MEMORANDUM in Support re #2 MOTION to Deposit Funds filed by United States of America. (Neeley, Robert)
May 29, 2008 Mail Returned as Undeliverable. Alias Summons and Complaint sent to Illinois Central Railroad returned in mail with the following notation: Unable to Forward; No Forward Order on File; Return to Postmaster of Addresses for Review. (sl, )
May 21, 2008 MOTION to Transfer or Stay by OSI, Inc. No PDF attached to this entry; see #33 Order which construes #27 Reply as a Motion. (br, )
May 21, 2008 Filing 27 REPLY to #24 Response to #16 Motion to Dismiss filed by OSI, Inc.(Fuller, J.) Modified on 5/22/2008 to create a link to the #24 Response by USA and to #16 Motion to Dismiss. (sl, ).
May 20, 2008 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time. Signed by Hon. Chief Judge Mark E. Fuller on 5/20/08. (sl, )
May 14, 2008 Filing 25 MOTION for Extension of Deadline re #24 Response to Motion, #18 Order to Show Cause, by OSI, Inc.. (Fuller, J.)
May 7, 2008 Filing 24 RESPONSE to Motion re #16 MOTION to Dismiss filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Neeley, Robert)
April 25, 2008 Filing 23 Case reassigned to Hon. Chief Judge Mark E. Fuller and Honorable Terry F. Moorer. Honorable Terry F. Moorer no longer assigned to the case as presiding judge. (djy, )
April 24, 2008 Filing 22 Alias Summons issued as to Illinois Central Railroad Company mailed CMRRR with copy of complaint. (sl, )
April 18, 2008 Filing 21 NOTICE by United States of America of Related Case (Neeley, Robert)
April 17, 2008 Filing 20 Corporate/Conflict Disclosure Statement by Sarah G Spear. (Walker, Constance)
April 15, 2008 Opinion or Order Filing 19 ORDERED that the #16 MOTION to Dismiss be submitted without oral argument on 5/14/08. Ordered that nonmovants file a response on or before 5/7/08 and movant may file a reply brief on or before 5/14/08. Signed by Judge Honorable Terry F. Moorer on 4/15/08. (sl, )
April 15, 2008 Opinion or Order Filing 18 ORDER directing defendants to show cause on or before 5/14/08 why the #2 Motion to Deposit Funds and #4 Motion for Order for Delivery of Possession and Brief in Support thereof should not be granted. Signed by Judge Honorable Terry F. Moorer on 4/15/08. (sl, )
April 15, 2008 Opinion or Order Filing 17 ORDER directing parties to execute and send to the Clerk, for receipt not later than 4/25/08, either the attached form for consent to the Magistrate Judge's exercise of jurisdiction or the attached form for reassignment of this case to the District Judge. Signed by Judge Honorable Terry F. Moorer on 4/15/08. (sl, )
April 14, 2008 ***Attorney Jacob A. Fuller for OSI, Inc. added pursuant to #16 Motion filed on 4/14/08. (sl, )
April 14, 2008 Filing 16 MOTION to Dismiss by OSI, Inc.. (Attachments: #1 Exhibit "A")(Fuller, J.)
April 14, 2008 NOTICE of Assignment to Magistrate Judge mailed to counsel for OSI, Inc. (sl, )
April 7, 2008 Filing 15 ANSWER to Complaint by Sarah G Spear.(Walker, Constance)
April 7, 2008 NOTICE of Assignment to Magistrate Judge mailed to counsel for Sarah G Spear (sl, )
March 31, 2008 Filing 14 Return Receipt Card showing service of summons and complaint signed by Billy Morrison for OSI, Inc., 4 Yacht Club Drive, Daphne, AL served on 3/27/2008, answer due 4/16/2008. (sl, )
March 31, 2008 ***Attorney Thomas T. Gallion, III for Sarah G Spear added pursuant to #11 Notice filed on 3/31/08. (sl, )
March 31, 2008 Filing 11 NOTICE of Appearance by Constance Caldwell Walker on behalf of Sarah G Spear (Walker, Constance)
March 28, 2008 Filing 13 Return Receipt Card showing service of summons and complaint signed by Brad Brown for OSI, Inc. at 7797 E. State Highway 52, Webb, AL 36376 on 3/28/08. (sl, )
March 28, 2008 Filing 12 Return Receipt Card showing service of summons and complaint signed by Otis Williams for Sarah G Spear served on 3/26/2008, answer due 4/15/2008. (sl, )
March 27, 2008 Filing 10 Return Receipt Card showing service of summons and complaint on City of Montgomery signed by Frank Poole on 3/26/08. (sl, )
March 27, 2008 Filing 9 Return Receipt Card showing service of summons and complaint on Tommy Gallion signed by Diane McKenzie on 3/26/08. (sl, )
March 27, 2008 Filing 8 Return Receipt Card showing service of summons and complaint on Illinois Central Gulf Railroad Company signed by The Corporation Company on 3/26/08. (sl, )
March 27, 2008 Filing 7 Return Receipt Card showing service of summons and complaint signed by (illegible signature) for OSI, Inc. served on 3/26/2008, answer due 4/15/2008. (sl, )
March 25, 2008 Filing 6 Summons Issued as to Illinois Central Gulf Railroad Co., OSI, Inc., City of Montgomery, Sara G. Spear, Tommy Galion mailed CMRRR with copy of complaint and Declaration of Taking. (Copy furnished to State of Alabama Attorney General) (sl, )
March 25, 2008 NOTICE of Assignment to Magistrate Judge mailed to counsel for United States of America (sl, )
March 13, 2008 Filing 5 NOTICE OF CONDEMNATION by United States of America. (Attachments: #1 Schedule A, Schedule B)(sl, )
March 13, 2008 Filing 4 MOTION for Order for Delivery of Possession and Brief in Support by United States of America. (Attachments: #1 Proposed Order)(sl, )
March 13, 2008 Filing 3 Declaration of Taking in support of the #1 Complaint for Condemnation filed by United States of America. (sl, )
March 13, 2008 Filing 2 MOTION to Deposit Funds by United States of America. (Attachments: #1 Proposed Order)(sl, )
March 13, 2008 Filing 1 COMPLAINT FOR CONDEMNATION against 22.58 Acres of Land, More or Less, Situated in Montgomery County, State of Alabama, OSI, Inc. filed by United States of America. (Attachments: #1 Schedule A, Schedule B)(sl, )

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Search for this case: United States of America v. 22.58 Acres of Land, More or Less, Situated in Montgomery County, State of Alabama et al
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Defendant: OSI, Inc.
Represented By: Jacob Alexander Fuller
Represented By: James Doyle Fuller
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Defendant: 22.58 Acres of Land, More or Less, Situated in Montgomery County, State of Alabama
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Defendant: Revenue Commissioner
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Defendant: Revenue Commission Sarah G Spear
Represented By: Constance Caldwell Walker
Represented By: Thomas T. Gallion, III
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Plaintiff: United States of America
Represented By: Robert Randolph Neeley
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