United States of America v. 22.58 Acres of Land, More or Less, Situated in Montgomery County, State of Alabama et al
| United States of America |
| 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 |
| 2:2008cv00180 |
| March 13, 2008 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Mark E Fuller |
| Terry F Moorer |
| Condemnation |
| 40 U.S.C. § 258 (a) Public Buildings & Property: Land Condem |
| None |
Docket Report
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| 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 |
| 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, ). |
| Filing 44 RESPONSE TO #43 ORDER TO SHOW CAUSE by Revenue Commissioner. (Walker, Constance) Modified on 10/7/2010 to add link (br, ). |
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, )
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| Filing 42 Proposed Stipulated Judgment and Order of Disbursal. (br, ) |
| 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, ) |
| Minute Entry for proceedings held before Hon. Chief Judge Mark E. Fuller: Telephone Scheduling Conference held on 5/13/2010 (No PDF attached). (kcg, ) |
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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, )
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| Filing 39 NOTICE by OSI, Inc. of Potential Scheduling Conflict (Fuller, James) |
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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, )
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| Filing 37 REPORT of Rule 26(f) Planning Meeting. (Neeley, Robert) |
| 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, ) |
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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, )
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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, )
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| 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, ) |
| 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) |
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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, )
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| MOTION for Status Conference by United States of America. (This document has no pdf attached. See #30 for pdf.) (sl, ) |
| Filing 30 MOTION to Stay re #29 Order, Set Deadlines and for Status Conference by United States of America. (Neeley, Robert) |
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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, )
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| Filing 28 BRIEF/MEMORANDUM in Support re #2 MOTION to Deposit Funds filed by United States of America. (Neeley, Robert) |
| 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, ) |
| 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, ) |
| 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, ). |
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Filing 26
ORDER granting #25 Motion for Extension of Time. Signed by Hon. Chief Judge Mark E. Fuller on 5/20/08. (sl, )
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| Filing 25 MOTION for Extension of Deadline re #24 Response to Motion, #18 Order to Show Cause, by OSI, Inc.. (Fuller, J.) |
| 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) |
| 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, ) |
| Filing 22 Alias Summons issued as to Illinois Central Railroad Company mailed CMRRR with copy of complaint. (sl, ) |
| Filing 21 NOTICE by United States of America of Related Case (Neeley, Robert) |
| Filing 20 Corporate/Conflict Disclosure Statement by Sarah G Spear. (Walker, Constance) |
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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, )
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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, )
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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, )
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| ***Attorney Jacob A. Fuller for OSI, Inc. added pursuant to #16 Motion filed on 4/14/08. (sl, ) |
| Filing 16 MOTION to Dismiss by OSI, Inc.. (Attachments: #1 Exhibit "A")(Fuller, J.) |
| NOTICE of Assignment to Magistrate Judge mailed to counsel for OSI, Inc. (sl, ) |
| Filing 15 ANSWER to Complaint by Sarah G Spear.(Walker, Constance) |
| NOTICE of Assignment to Magistrate Judge mailed to counsel for Sarah G Spear (sl, ) |
| 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, ) |
| ***Attorney Thomas T. Gallion, III for Sarah G Spear added pursuant to #11 Notice filed on 3/31/08. (sl, ) |
| Filing 11 NOTICE of Appearance by Constance Caldwell Walker on behalf of Sarah G Spear (Walker, Constance) |
| 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, ) |
| 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, ) |
| Filing 10 Return Receipt Card showing service of summons and complaint on City of Montgomery signed by Frank Poole on 3/26/08. (sl, ) |
| Filing 9 Return Receipt Card showing service of summons and complaint on Tommy Gallion signed by Diane McKenzie on 3/26/08. (sl, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| NOTICE of Assignment to Magistrate Judge mailed to counsel for United States of America (sl, ) |
| Filing 5 NOTICE OF CONDEMNATION by United States of America. (Attachments: #1 Schedule A, Schedule B)(sl, ) |
| Filing 4 MOTION for Order for Delivery of Possession and Brief in Support by United States of America. (Attachments: #1 Proposed Order)(sl, ) |
| Filing 3 Declaration of Taking in support of the #1 Complaint for Condemnation filed by United States of America. (sl, ) |
| Filing 2 MOTION to Deposit Funds by United States of America. (Attachments: #1 Proposed Order)(sl, ) |
| 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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