Pettaway v. Finley et al(CONSENT)
Plaintiff: Walter Pettaway
Defendant: Ernest N. Finley, Jr. and City of Montgomery
Case Number: 2:2019cv00008
Filed: January 4, 2019
Court: US District Court for the Middle District of Alabama
Presiding Judge: Gray M Borden
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2019 Opinion or Order Filing 19 ORDER as follows: 1. The Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Scheduling Conference is DENIED as moot, a Rule 26(f) conference having occurred. A motion seeking this or a similar subpoena may be filed if necessary at a later time. 2. The Plaintiff is allowed 60 days from the date of this Order to conduct written discovery and to file an amended complaint. The discovery will be limited to the identities and respective roles of the Montgomery Police Department officers involved in the release of, and policies regarding the release of, a police dog which resulted in the death of Joseph Lee Pettaway. 3. The court will consider any timely filed responsive pleading to Plaintiffs amended complaint, rather than the motion to dismiss directed to the original complaint, after that responsive pleading is filed. Signed by Honorable Judge Gray M. Borden on 2/28/2019. (dmn, )
February 27, 2019 Opinion or Order Filing 18 REPORT of Rule 26(f) Planning Meeting. (Sikes, Gordon)
February 19, 2019 Opinion or Order Filing 17 REPLY in Support of #7 Motion to Dismiss filed by City of Montgomery, Ernest N. Finley, Jr. (Chambliss, Rebecca) Modified on 2/26/2019 to clean up text. (dmn, )
February 17, 2019 Opinion or Order Filing 16 REPLY to Defendants' Opposition to #3 Motion for Leave to Serve a Third Party Subpoena filed by Walter Pettaway. (Attachments: #1 Exhibit)(Sikes, Gordon) Modified on 2/26/2019 (dmn, ).
February 13, 2019 Opinion or Order NOTICE of Docket Text Correction re #14 Consent to Jurisdiction by US Magistrate Judge. The referenced docket entry was modified to correct the file date. Wrong date entered when docketed. (dmn, ) (NO PDF)
February 12, 2019 Opinion or Order Filing 15 CONSENT to Jurisdiction by US Magistrate Judge by Walter Pettaway. (dmn, )
February 12, 2019 Opinion or Order Filing 14 CONSENT to Jurisdiction by US Magistrate Judge by City of Montgomery, Ernest N. Finley, Jr. (dmn, ) Modified on 2/13/2019 to correct file date. (dmn, )
February 11, 2019 Opinion or Order Filing 13 RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Walter Pettaway. (Sikes, Gordon)
February 11, 2019 Opinion or Order Filing 12 RESPONSE in Opposition to Plaintiff's #3 MOTION for Leave to Serve Third-Party Subpoena Prior to a Rule 26(f) Scheduling Conference filed by City of Montgomery, Ernest N. Finley, Jr. (Chambliss, Rebecca) Modified on 2/11/2019 to clean up text an create link. (dmn, )
January 28, 2019 Opinion or Order Filing 11 ORDER: counsel for the parties are DIRECTED to complete and to send to the Clerk of Court the appropriate attached form so that the form is received by the Clerk of Court on or before 2/18/2019, as further set out in order; Do NOT electronically file the consent form or reassignment form into the record. Signed by Honorable Judge Gray M. Borden on 1/28/2019. (wcl, )
January 28, 2019 Opinion or Order Filing 10 ORDER: it is ORDERED that on or before 2/11/2019, the Plf shall file a response to the Dfts' #7 Motion to Dismiss, and the Dfts shall file a response to the Plf's #3 Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Scheduling Conference; The parties may file a reply in support of their respective motions on or before 2/18/2019. Signed by Honorable Judge Gray M. Borden on 1/28/2019. (wcl, )
January 28, 2019 Opinion or Order Filing 9 NOTICE of Assignment to Magistrate Judge sent to counsel for City of Montgomery, Ernest N. Finley, Jr. (wcl, )
January 25, 2019 Opinion or Order Filing 8 Corporate/Conflict Disclosure Statement by City of Montgomery, Ernest N. Finley, Jr. (Chambliss, Rebecca)
January 25, 2019 Opinion or Order Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Montgomery, Ernest N. Finley, Jr. (Chambliss, Rebecca)
January 9, 2019 Opinion or Order Filing 6 NOTICE of Assignment to Magistrate Judge sent to counsel for Walter Pettaway. (wcl, )
January 4, 2019 Opinion or Order Filing 5 SUMMONS Returned Executed by Walter Pettaway; City of Montgomery served on 1/4/2019, answer due 1/25/2019; Ernest N. Finley, Jr served on 1/4/2019, answer due 1/25/2019. (wcl, )
January 4, 2019 Opinion or Order Filing 4 Summons Issued as to City of Montgomery, Ernest N. Finley, Jr. and returned to counsel for personal service by process server. (wcl, )
January 4, 2019 Opinion or Order Filing 3 MOTION for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Scheduling Conference by Walter Pettaway. (Attachments: #1 Attachments)(wcl, )
January 4, 2019 Opinion or Order Filing 2 Corporate/Conflict Disclosure Statement by Walter Pettaway. (wcl, )
January 4, 2019 Opinion or Order Filing 1 COMPLAINT against City of Montgomery, Ernest N. Finley, Jr (Filing fee $ 400.00 receipt number 4602051929), filed by Walter Pettaway.(wcl, ) (Additional attachment(s) added on 1/9/2019: #1 Civil Cover Sheet, #2 Receipt) (wcl, ).
January 4, 2019 Opinion or Order DEMAND for Trial by Jury by Walter Pettaway. (No pdf attached to this entry - See doc #1 for pdf) (wcl, )

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Defendant: Ernest N. Finley, Jr.
Represented By: Rebecca L. Chambliss
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Defendant: City of Montgomery
Represented By: Rebecca L. Chambliss
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Plaintiff: Walter Pettaway
Represented By: Gordon Griffin Sikes, Jr.
Represented By: Horace Earl Nix, Jr.
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