Greater Birmingham Ministries v. Merrill
| Greater Birmingham Ministries |
| John H. Merrill |
| 2:2022cv00205 |
| April 27, 2022 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| Myron H Thompson |
| Civil Rights: Voting |
| None |
Docket Report
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This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.
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Filing 49
ORDER: DENYING the #39 Second Motion to Dismiss, as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 6/23/2022. (am, )
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Filing 48
REPLY to Response to Motion re #39 MOTION to Dismiss filed by John H. Merrill. (Seiss, Benjamin)
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Filing 47
TEXT ORDER: DENYING as moot the #38 Motion for Christopher Lapinig to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 6/22/2022. (NO PDF attached to this entry) (am, )
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Filing 46
TEXT ORDER: GRANTING the #45 Amended Motion for Admission of Christopher Lapinig Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 6/22/2022. (NO PDF attached to this entry) (am, )
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Filing 45
Amended Motion for Admission of Christopher Lapinig Pro Hac Vice #38 Motion for Christopher Lapinig to Appear Pro Hac Vice (Filing fee $75.00 receipt number AALMDC-3238360.) by Greater Birmingham Ministries. (McGuire, Joseph) Modified on 6/22/2022 to correct motion event & add PHV attorney's name (am, ).
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Filing 44
BRIEF/MEMORANDUM in Opposition re #39 MOTION to Dismiss filed by Greater Birmingham Ministries. (Lang, Danielle)
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Filing 43
ORDER: it is ORDERED that defendant Merrill's #42 motion for reconsideration is granted to the extent that defendant Merrill shall be allowed three hours in which to depose a representative of plaintiff Greater Birmingham Ministries. Signed by Honorable Judge Myron H. Thompson on 6/21/2022. (am, )
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Filing 42
MOTION for Reconsideration re #40 Order, by John H. Merrill. (Messick, Misty) Modified on 6/21/2022 to clean up text (cwl, ).
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Filing 41
ORDER: It is ordered that plaintiff Greater Birmingham Ministries is to respond to defendant John H. Merrill's #39 motion to dismiss by 6/21/2022. Signed by Honorable Judge Myron H. Thompson on 6/17/2022. (am, )
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Filing 40
ORDER: Plaintiff Greater Birmingham Ministries (GBM) has sued defendant John H. Merrill, the Secretary of State of Alabama, under the National Voter Registration Act, 52 U.S.C. 20501 et seq., alleging that he violated its rights under the Act by refusing to provide it with certain information regarding the maintenance of Alabama's voter rolls. This cause is before the court for consideration of the parties' proposals for expedited discovery and pretrial and trial dates (Doc. #36 ). Having considered the proposals, the court will adopt a combination of the deadlines proposed by both parties, and set trial for 7/28/2022, with discovery to proceed as ordered below and further set out in the order. It is ORDERED as follows: (1) This cause is set for Non-Jury Trial on July 28, 2022 at 10:00 AM, in Courtroom 2FMJ of the FMJJ/USCC in Montgomery, AL before Honorable Judge Myron H. Thompson. (2) A pretrial conference is scheduled for July 13, at 10:00 AM, by videoconference. The courtroom deputy shall make the necessary arrangements. (3) Plaintiff GBM shall be allowed the amount of time it requested to depose defendant Merrill--namely three hours, see Parties' Proposals for Expedited Discovery (Doc. #36 ) at 7 as further set out in the order. (4) Discovery shall commence on June 20 and shall be completed on or before July 8. (5) The parties shall disclose to each other the identity of ANY person who may be used at trial to present evidence as further set out in the order by July 14. (6) No later than July 14, each party shall, pursuant to the provisions of FRCP 26(a)(3), file a list of all its witnesses as further set out in the order. (7) No later than July 14, the parties shall, pursuant to the provisions of FRCP 26(a)(3), file deposition designations that the parties expect to use at trial as further set out in the order. The offering party shall file a written response to objections no later than July 26. (8) No later than July 14, the parties shall, pursuant to the provisions of FRCP 26(a)(3), file exhibit list as further set out in the order. Objections shall be filed by July 21, and shall set forth the grounds and legal authorities. The offering party shall file a written response to the objections no later than July 26 and shall include a pre-marked copy of the evidence at issue. Signed by Honorable Judge Myron H. Thompson on 6/16/2022. Furnished calendar, AG, Video conference. (dmn, )
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Filing 39
MOTION to Dismiss Count 1 by John H. Merrill. (Seiss, Benjamin) Modified on 6/16/2022 to clarify text as reflected in pleading (am, ).
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Filing 38
Motion for Christopher Lapinig to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3238360.) by Greater Birmingham Ministries. (Attachments: #1 Exhibit 1)(McGuire, Joseph) Modified on 6/14/2022 to add attorney's name to text (cwl, ). (Additional attachment(s) added on 6/14/2022: #2 Certificate of Service) (cwl, ).
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***PURSUANT TO THE #38 MOTION - Attorney Christopher Lapinig for Greater Birmingham Ministries added. (No pdf attached to this entry) (cwl, )
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Filing 37
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENTS RE: MOTION TO DISMISS Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/31/2022, before Judge Myron H. Thompson; Court Reporter/Transcriber Blanton Callen, Telephone number 334-412-3507; Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER; NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 6/28/2022; Redacted Transcript Deadline set for 7/8/2022; Release of Transcript Restriction set for 9/6/2022. (wcl, )
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Filing 36
REPORT of Rule 26(f) Planning Meeting. (Messick, Misty)
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Filing 35
FIRST AMENDED COMPLAINT for Declaratory & Injunctive Relief against John H. Merrill, filed by Greater Birmingham Ministries.(Lang, Danielle) Modified on 6/3/2022 to clarify text as reflected in pleading (am, ).
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Filing 34
ORDER: it is ORDERED that: (1) Defendant John H. Merrill's motion to dismiss (Doc. #12 ) is denied. The legal arguments are carried with the case. (2) Plaintiff Greater Birmingham Ministries is to file an amended complaint, as set forth during oral argument today, by 6/2/2022. (3) The parties, after conferring with each other and attempting to reach an agreement, are to submit, by 6/7/2022, a proposal or proposals for expedited discovery. Signed by Honorable Judge Myron H. Thompson on 5/31/2022. (cwl, )
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Filing 33
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 5/31/2022 re #12 MOTION to Dismiss filed by John H. Merrill (PDF available for court use only). (Court Reporter Blanton Callen.) (ag, )
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Filing 32
ORDER granting #31 Unopposed MOTION to Reschedule Oral Argument; the oral argument on the #12 motion to dismiss, currently set for 5/16/2022, is continued to 5/31/2022, at 1 p.m., via videoconference; The courtroom deputy shall arrange for the videoconference. Signed by Honorable Judge Myron H. Thompson on 5/12/2022. (Furnished: Calendar & AG) (Terminated: Oral Argument for 5/16/2022)(amf, )
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Filing 31
Unopposed MOTION to Reschedule Oral Argument re #30 Order by Greater Birmingham Ministries. (Lang, Danielle)
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Filing 30
ORDER: it is ORDERED that oral argument on the #12 motion to dismiss is set for 5/16/2022, at 10 AM, via videoconference; The courtroom deputy shall arrange for the videoconference. Signed by Honorable Judge Myron H. Thompson on 5/10/2022. (Furn: calendar, ag) (bes, )
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Filing 29
TEXT ORDER granting #25 Motion for Leave to Appear Pro Hac Vice for Attorney Valencia Richardson. Signed by Honorable Judge Myron H. Thompson on 5/6/2022. (No PDF attached to this entry) (bes, )
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Filing 28
TEXT ORDER granting #22 Motion for Leave to Appear Pro Hac Vice for Attorney Blair Bowie. Signed by Honorable Judge Myron H. Thompson on 5/9/2022. (No PDF attached to this entry) (bes, )
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Filing 27
TEXT ORDER granting #23 Motion for Leave to Appear Pro Hac Vice for Attorney Alice C.C. Huling. Signed by Honorable Judge Myron H. Thompson on 5/9/2022. (No PDF attached to this entry) (bes, )
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Filing 26
TEXT ORDER granting #24 Motion for Leave to Appear Pro Hac Vice for Attorney Danielle M. Lang. Signed by Honorable Judge Myron H. Thompson on 5/9/2022. (No PDF attached to this entry) (bes, )
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Filing 25
Motion to Appear Pro Hac Vice for Attorney Valencia Richardson ( Filing fee $ 75.00 receipt number AALMDC-3217946.) by Greater Birmingham Ministries. (Attachments: #1 Exhibit)(McGuire, Joseph) Modified on 5/9/2022 to reflect requesting atty (bes, ). (Additional attachment(s) added on 5/9/2022 to redact personal information contained in original filing pursuant to the E-government rules: #2 REDACTED version of main document) (bes, ).
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Filing 24
Motion to Appear Pro Hac Vice for Attorney Danielle M. Lang ( Filing fee $ 75.00 receipt number AALMDC-3217945.) by Greater Birmingham Ministries. (Attachments: #1 Exhibit)(McGuire, Joseph) Modified on 5/9/2022 to reflect requesting atty (bes, ). (Additional attachment(s) added on 5/9/2022 to redact personal information contained in original filing pursuant to the E-government rules: #2 REDACTED version of main document) (bes, ). Modified on 5/9/2022 (bes, ).
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Filing 23
Motion to Appear Pro Hac Vice for Attorney Alice C.C. Huling ( Filing fee $ 75.00 receipt number AALMDC-3217940.) by Greater Birmingham Ministries. (Attachments: #1 Exhibit)(McGuire, Joseph) Modified on 5/9/2022 to reflect requesting atty (bes, ). (Additional attachment(s) added on 5/9/2022 to redact personal information contained in original filing pursuant to the E-government rules: #2 REDACTED version of main document) (bes, ).
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Filing 22
Motion to Appear Pro Hac Vice for Attorney Blair Bowie ( Filing fee $ 75.00 receipt number BALMDC-3217931.) by Greater Birmingham Ministries. (Attachments: #1 Exhibit)(McGuire, Joseph) Modified on 5/9/2022 to reflect requesting atty (bes, ). (Additional attachment(s) added on 5/9/2022 to redact personal information contained in original filing pursuant to the E-government rules: #2 REDACTED version of main document) (bes, ).
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***PURSUANT TO THE #22 , #23 , #24 , & #25 PHV MOTIONS - Attorney Blair S. Bowie, Alice C.C. Huling, Danielle Marie Lang, Valencia Vashea Richardson for Greater Birmingham Ministries added. (No PDF attached to this entry) (bes, )
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Filing 21
Case transferred in from District of Alabama Northern; Case Number 2:22-cv-00228. Original file certified copy of transfer order and docket sheet received.
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Filing 20
ORDER transferring case to another district: ORDER transferring case to the Middle District of Alabama; original electronic record and certified copy of docket entries will be sent electronically to Clerk of Court 10 business days from this date. Signed by Judge Abdul K Kallon on 04/13/2022. (AKD). [Transferred from alnd on 4/27/2022.]
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Filing 19
REPLY to Response to Motion re #12 MOTION to Dismiss (Secretary of State's Reply in Support of His Motion to Dismiss) filed by John H Merrill. (Seiss, Benjamin) [Transferred from alnd on 4/27/2022.]
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Filing 18
RESPONSE in Opposition re #12 MOTION to Dismiss filed by Greater Birmingham Ministries. (McGuire, Joseph) [Transferred from alnd on 4/27/2022.]
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Filing 17
ORDER GRANTING #16 Motion for Leave to File Excess Pages; The page limit for Greater Birmingham Ministries' response to Secretary Merrill's motion to dismiss is extended to twenty-four (24) pages. Secretary Merrill's reply is limited to five (5) pages, which is the courts standard page limit. Signed by Judge Abdul K Kallon on 03/25/2022. (AKD) [Transferred from alnd on 4/27/2022.]
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Filing 16
MOTION for Leave to File Excess Pages by Greater Birmingham Ministries. (McGuire, Joseph) [Transferred from alnd on 4/27/2022.]
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Filing 15
RESPONSE to Motion re #9 MOTION to Change Venue filed by John H Merrill. (Seiss, Benjamin) [Transferred from alnd on 4/27/2022.]
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Filing 14
RESPONSE in Opposition re #9 MOTION to Change Venue filed by Greater Birmingham Ministries. (McGuire, Joseph) [Transferred from alnd on 4/27/2022.]
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Filing 13
BRIEFING SCHEDULE re #12 MOTION to Dismiss filed by John H Merrill; Plaintiff's response is due by March 28, 2022, defendants reply, if any, is due by April 4,2022. The parties are reminded of the briefing schedule outlined in Appendix III attached hereto. Signed by Judge Abdul K Kallon on 03/17/2022. (AKD) [Transferred from alnd on 4/27/2022.]
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Filing 12
MOTION to Dismiss by John H Merrill. (Seiss, Benjamin) [Transferred from alnd on 4/27/2022.]
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Filing 11
NOTICE of Appearance by James W Davis on behalf of John H Merrill (Davis, James) [Transferred from alnd on 4/27/2022.]
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Filing 10
NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of John H Merrill (Messick, Misty) [Transferred from alnd on 4/27/2022.]
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Filing 9
MOTION to Change Venue by John H Merrill. (Seiss, Benjamin) [Transferred from alnd on 4/27/2022.]
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Filing 8
ORDER GRANTING #4 , #5 , #6 , #7 Motions for Leave to Appear Pro Hac Vice of Danielle M. Lang, Blair Bowie, Alice Huling and Valencia Richardson. Signed by Judge Abdul K Kallon on 03/03/2022. (AKD) [Transferred from alnd on 4/27/2022.]
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Filing 7
MOTION for Leave to Appear pro hac vice Valencia Richardson by Greater Birmingham Ministries. (Attachments: #1 Exhibit Certificate of Good Standing)(McGuire, Joseph) [Transferred from alnd on 4/27/2022.]
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Filing 6
MOTION for Leave to Appear pro hac vice Alice Huling by Greater Birmingham Ministries. (Attachments: #1 Exhibit Certificate of Good Standing)(McGuire, Joseph) [Transferred from alnd on 4/27/2022.]
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Filing 5
MOTION for Leave to Appear pro hac vice Blair Bowie by Greater Birmingham Ministries. (Attachments: #1 Exhibit Certificate of Good Standing)(McGuire, Joseph) [Transferred from alnd on 4/27/2022.]
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Filing 4
MOTION for Leave to Appear pro hac vice by Greater Birmingham Ministries. (Attachments: #1 Exhibit Certificate of Good Standing)(McGuire, Joseph) [Transferred from alnd on 4/27/2022.]
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PHV Fee paid: $ 75, receipt number AALNDC-4026084(ALND receipt# B4601118757). (McGuire, Joseph) Modified on 3/1/2022 (AKD). [Transferred from alnd on 4/27/2022.]
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PHV Fee paid: $ 75, receipt number AALNDC-4026110 (ALND receipt# B4601118790). (McGuire, Joseph) Modified on 3/1/2022 (AKD). [Transferred from alnd on 4/27/2022.]
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PHV Fee paid: $ 75, receipt number AALNDC-4026118 (ALND receipt# B4601118799). (McGuire, Joseph) Modified on 3/1/2022 (AKD). [Transferred from alnd on 4/27/2022.]
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PHV Fee paid: $ 75, receipt number AALNDC-4026127 (ALND receipt# B4601118800). (McGuire, Joseph) Modified on 3/1/2022 (AKD). [Transferred from alnd on 4/27/2022.]
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Filing 3
SUMMONS Returned Executed by Greater Birmingham Ministries. All Defendants. (McGuire, Joseph) [Transferred from alnd on 4/27/2022.]
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Filing 2
Summons Issued as to John H Merrill. Returned to Plaintiff for service. (AKD) [Transferred from alnd on 4/27/2022.]
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Filing fee: $ 402.00, receipt number B4601118672 (AKD) [Transferred from alnd on 4/27/2022.]
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Set/Reset Deadlines: Answer due 3/16/2022. (AKD) [Transferred from alnd on 4/27/2022.]
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Filing 1
COMPLAINT against John H Merrill, filed by Greater Birmingham Ministries. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(AKD) [Transferred from alnd on 4/27/2022.]
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