Council v. Hamm et al
| Robert Earl Council |
| Alabama Department of Corrections Commissioner, John Q. Hamm, Wendy Williams, Edward Ellington, William Streeter and Chadwick Crabtree |
| Arnaldo Mercado, Dustin Brewer and Steven Parker |
| 2:2023cv00658 |
| November 9, 2023 |
| US District Court for the Middle District of Alabama |
| Chad W Bryan |
| Emily C Marks |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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Filing 62
RESPONSE in Opposition re #43 MOTION to Dismiss filed by Robert Earl Council. (Saleh, Sumayya)
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Filing 61
Response to #51 BRIEF in Support filed by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams. (Elkins, Cameron) Modified on 1/5/2024 to clarify text (BES).
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Filing 60
RESPONSE in Opposition re #57 Objections to PLF's Exhibits filed by Robert Earl Council. (Attachments: #1 Affidavit Declaration of Elizabeth Davenport) (Menefee, Andrew) Modified on 1/5/2024 to correct link & Text (BES).
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Filing 59
Corporate/Conflict Disclosure Statement by Robert Earl Council. (Menefee, Andrew)
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Filing 58
ORDER: The Court CONSTRUES the Dft's #57 Objections as a Motion to Exclude; it is ORDERED that on or before 1/3/2024, the Plf shall show cause why the #57 motion should not be granted. Signed by Chief Judge Emily C. Marks on 12/20/2023. (bes, )
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MOTION to Exclude by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams, as CONSTRUED by the Court's #58 Order. (No PDF attached to this entry - see doc #57 for PDF) (bes, )
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Filing 57
Objection to Plaintiff's Exhibits filed by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams. (Hetzel, Tara)
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Filing 56
TEXT ORDER granting the #55 MOTION to Seal Prisoner Declaration and denying as moot the duplicate #52 Motion to Seal. Signed by Chief Judge Emily C. Marks on 12/15/2023. (No PDF attached to this entry) (bes, ) Modified on 12/15/2023 to assign docket number to entry (BES).
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Filing 55
MOTION to Seal Prisoner Declaration Submitted in Support of #3 Motion for Preliminary Injunction Relief by Robert Earl Council. (Attachments: #1 Declaration, #2 Text of Proposed Order)(bes, )
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Filing 54
NOTICE of Manual Filing re #51 BRIEF in Support by Robert Earl Council. (Attachments: #1 Exhibit 6, which is filed in conventional format and available for viewing in the Clerk's Office)(bes, )
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Filing 53
NOTICE by Robert Earl Council of Manual Filing of Video Exhibit (Saleh, Sumayya)
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Filing 52
MOTION to Seal by Robert Earl Council. (Attachments: #1 Text of Proposed Order)(Saleh, Sumayya)
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Filing 51
BRIEF/MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Robert Earl Council. (Attachments: #1 Text of Proposed Order, #2 Exhibit List, #3 Exhibit 1 (Third Declaration of Plaintiff Council), #4 Exhibit 2 (Transcript of November 30, 2023 Preliminary Injunction Hearing), #5 Exhibit 3 (Declaration of Yinessa Banks), #6 Exhibit 4 (Email Exchange between Keri Blakinger and ADOC), #7 Exhibit 5 (Declaration of Melvin Ray), #8 Exhibit 6 (Placeholder for Video Exhibit), #9 Exhibit 7 (Declaration of Earnestine Cole Council), #10 Exhibit 8 (November 29, 2023 Refusal of Medical Services Form), #11 Exhibit 9 (November 29, 2023 Email Exchange re: Plaintiff Council's Presence at Hearing), #12 Exhibit 10 (Declaration of Elizabeth Davenport), #13 Exhibit 11 (Declaration of Darius Mabry), #14 Exhibit 12 (Declaration of Juan Caples), #15 Exhibit 13 (Placeholder for Exhibit Filed Under Seal), #16 Exhibit 14 (Declaration of Anthony Jackson), #17 Exhibit 15 (Letters from Anthony Jacksons Attorney), #18 Exhibit 16 (Declaration of Jamil Salery), #19 Exhibit 17 (Declaration of Winfred Richards), #20 Exhibit 18 (Demonstrative Exhibit Regarding Retaliation Claim), #21 Exhibit 19 (Demonstrative Exhibit Regarding Eighth Amendment Claim))(Saleh, Sumayya)
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Filing 50
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 11/30/2023, before Judge Emily Coody Marks. Court Reporter/Transcriber Dee Coker, Telephone number (334) 531-0686. 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 1/2/2024. Redacted Transcript Deadline set for 1/11/2024. Release of Transcript Restriction set for 3/11/2024. (bes, )
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Filing 49
TEXT ORDER granting #48 Motion for Extension of Time. Signed by Chief Judge Emily C. Marks on 12/8/2023. (No PDF attached to this entry) (bes, )
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Filing 48
First MOTION for Extension of Time to File Response/Reply as to #44 BRIEF/MEMORANDUM in Support, #43 MOTION to Dismiss by Robert Earl Council. (Saleh, Sumayya)
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Filing 47
ORDER denying #45 Motion for Expedited Discovery. Signed by Chief Judge Emily C. Marks on 12/7/2023. (bes, )
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Filing 46
ORDER: it is ORDERED that the Plf shall file a response to the Dfts' #43 motion to dismiss on or before 12/21/2023; It is further ORDERED that the Dfts shall file a reply to the Plf's response on or before 12/28/2023. Signed by Chief Judge Emily C. Marks on 12/7/2023. (bes, )
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Filing 45
MOTION to Expedite Discovery by Robert Earl Council. (Menefee, Andrew)
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Filing 44
BRIEF/MEMORANDUM in Support re #43 MOTION to Dismiss filed by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams. (Hetzel, Tara)
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Filing 43
MOTION to Dismiss by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams. (Hetzel, Tara)
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Filing 42
TEXT ORDER granting #41 Motion to Modify Deadlines for Supplemental Preliminary Injunction Briefs. Signed by Chief Judge Emily C. Marks on 12/6/2023. (bes, )
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Filing 41
First MOTION for Extension of Deadline Supplemental Preliminary Injunction Briefs re #40 Order, by Robert Earl Council. (Saleh, Sumayya)
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Filing 40
ORDER: it is ORDERED that the Plf shall submit supplemental briefing on his #3 motion for preliminary injunction on or before 12/7/2023. It is further ORDERED that the Defendants shall file a response to the Plaintiff's supplemental briefing on or before 12/21/2023. Any documents or evidence filed after this date will not be considered by the Court except in exceptional circumstances. Signed by Chief Judge Emily C. Marks on 12/1/2023. (bes, )
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Filing 39
Minute Entry for proceedings held before Chief Judge Emily C. Marks: Evidentiary Hearing held on 11/30/2023 (PDF available for court use only). (Court Reporter Dee Coker, 334-799-1573, Dee_Coker@almd.uscourts.gov.) (Attachments: #1 Witness List) (cs) Modified on 12/1/2023 to correct court reporter email address (cs).
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Filing 38
Corporate/Conflict Disclosure Statement by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams re #37 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Elkins, Cameron)
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Filing 37
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to John Q. Hamm, Wendy Williams, Edward Ellington, William Streeter, Chadwick Crabtree; Corporate Disclosures due by 12/11/2023. (Attachments: #1 Standing Order and Sample Format)(bes, )
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Filing 36
NOTICE of Appearance by Andrew Dill Menefee on behalf of Robert Earl Council (Menefee, Andrew)
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Filing 35
ORDER: it is ORDERED as follows: 1.) The #30 motion is DENIED as MOOT as to the withdrawn subpoenas for Dustin Brewer, Steven Parker, and Dr. Wendy Williams. 2.) The #30 motion is DENIED as to the subpoenas for Dft Ellington, Dft Hamm, and Dft Streeter because the Court finds these individuals to have potentially relevant testimony for the issues before the Court at the preliminary injunction hearing. 3.) The #30 motion is DENIED as MOOT as to the subpoena for Dft Crabtree upon the Plf's representation that he will withdraw Dft Crabtree's subpoena in light of Dft Streeter's subpoena being upheld. Signed by Chief Judge Emily C. Marks on 11/29/2023. (bes, )
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Filing 34
RESPONSE in Opposition re #30 MOTION to Quash filed by Robert Earl Council. (Menefee, Andrew)
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Filing 33
ORDER: it is ORDERED that the Plf's #23 motion for a writ of habeas corpus ad testificandum is DENIED. It is further ORDERED that the Plf is permitted to attend and testify via video conference at the hearing on the motion for preliminary injunction set on 11/30/2023. By permitting the Plf to testify by video conference, the Court is not ruling on the relevance or admissibility of the Plf's testimony. Counsel for the parties are DIRECTED to coordinate with the undersigned's courtroom deputy, Cindy Sanders, at least two hours prior to the hearing to ensure the necessary equipment is in place and operable. Signed by Chief Judge Emily C. Marks on 11/28/2023. (Furn: cs, lw) (bes, ) Modified on 11/29/2023 furnished to VIDEO CONF. (dmn, )
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Filing 32
RESPONSE to Motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams. (Attachments: #1 Exhibit 1 (Crabtree Affidavit), #2 Exhibit 2 (Duty Officer Report 10.15.2023), #3 Exhibit 3 (Disciplinary for Rule 902 Violation), #4 Exhibit 4 (Violation of Rule 529), #5 Exhibit 5 (Disciplinary for Rule 925 Violation), #6 Exhibit 6 (Disciplinary for Rule 525 Violation), #7 Exhibit 7 (Admin. Reg. 436 - Institutional Segregation Review), #8 Exhibit 8 (Obenchain Affidavit), #9 Exhibit 9 (Angie Baggett Affidavit), #10 Exhibit 10 (Report and Recommendation in Council v. Pelzer), #11 Exhibit 11 (Order Adopting R&R in Council v. Pelzer))(Elkins, Cameron)
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Filing 31
ORDER: Now pending before the Court is the Defendants' motion to quash the Plaintiff's subpoenas for testimony from certain individuals (doc. #30 ) filed on 11/27/2023. Upon consideration of the motion, and for good cause, it is ORDERED that on or before 8:00 a.m. CST on 11/29/2023, the Plaintiff shall show cause why the motion (doc. #30 ) should not be granted. Signed by Chief Judge Emily C. Marks on 11/27/2023. (dmn, )
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Filing 30
MOTION to Quash by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams, Dustin Brewer, Steven Parker. (Hetzel, Tara)
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Filing 29
RESPONSE to Motion re #23 MOTION for Writ of Habeas Corpus ad testificandum filed by Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams. (Attachments: #1 Exhibit 1 (Inmate Summary))(Hetzel, Tara)
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Filing 28
ORDER: it is ORDERED that the #24 motion to admit pro hac vice is GRANTED, and Attorney Saleh is ADMITTED to appear before this Court pro hac vice to represent Plf Robert Earl Council in this action. Attorney Saleh shall file a notice of appearance with the Court. Signed by Chief Judge Emily C. Marks on 11/27/2023. (bes, )
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Filing 27
NOTICE by Robert Earl Council of service of subpoenas on Defendants Ellington, Williams, and witnesses Parker, Pelzer, and Pollard (Menefee, Andrew)
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Filing 26
Corporate/Conflict Disclosure Statement by Robert Earl Council. (Menefee, Andrew)
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Filing 25
ORDER: Now pending before the Court is the Plaintiff's motion for a writ of habeas corpus ad testificandum (doc. #23 ) filed on November 22, 2023. Upon consideration of the motion, and for good cause, it is ORDERED that on or before 5:00 p.m. Central Standard Time on November 27, 2023, the Defendants shall show cause why the motion (doc. #23 ) should not be granted. Signed by Chief Judge Emily C. Marks on 11/22/2023. (dmn, )
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Filing 24
Motion for Attorney Sumayya Saleh to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3542009.) by Robert Earl Council. (Attachments: #1 Exhibit Certificate of Good Cause)(Menefee, Andrew) Modified on 11/22/2023 to reflect requesting Atty (bes, ).
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Filing 23
MOTION for Writ of Habeas Corpus ad testificandum by Robert Earl Council. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Proposed Writ)(Menefee, Andrew)
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Filing 22
ORDER granting #21 Motion to Quash Plf's Subpoena. Signed by Chief Judge Emily C. Marks on 11/22/2023. (bes, )
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Filing 21
MOTION to Quash Subpoena by John Q. Hamm, Arnaldo Mercado. (Attachments: #1 Exhibit 1 (Subpoena to ADOC-LESD))(Hetzel, Tara)
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***Attorney Sumayya Saleh added for Robert Earl Council. (dmn, ) (no pdf, see Doc. #24 )
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***PURSUANT TO THE #24 MOTION - Attorney Sumayya Saleh for Robert Earl Council added. (No PDF attached to this entry) (bes, )
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Filing 20
NOTICE of Appearance by Cameron Wayne Elkins on behalf of Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams (Elkins, Cameron)
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Filing 19
NOTICE of Appearance by Tara S. Hetzel on behalf of Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams (Hetzel, Tara)
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Filing 18
NOTICE of Appearance by Hunter Layne Sims on behalf of Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams (Sims, Hunter)
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Filing 17
ORDER: Now pending before the Court is the Plaintiff's motion for expedited discovery. (Doc. #16 ). The Plaintiff's motion fails to demonstrate why discovery is necessary in the compressed time period prior to the preliminary injunction hearing scheduled for November 30, 2023. Therefore, in light of the breadth of discovery requested, the intervening holiday, and the compressed time period it is ORDERED that the motion for expedited discovery (doc. #16 ) is DENIED. Signed by Chief Judge Emily C. Marks on 11/20/2023. (dmn, )
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Filing 16
MOTION to Expedite Discovery by Robert Earl Council. (Attachments: #1 Exhibit First Requests for Production of Documents, #2 Exhibit First Set of Interrogatories)(Menefee, Andrew)
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Filing 15
NOTICE OF FILING by Robert Earl Council of Guardian Article-ADOC Guard's Retaliation Against Plaintiff Council (Attachments: #1 copy of article)(Menefee, Andrew) Modified on 11/20/2023 to clarify text. (dmn, )
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Filing 14
NOTICE OF FILING by Robert Earl Council of proof of service of subpoenas for the 11/30/2023 hearing before this Court, for three Defendants Commissioner Hamm, and Wardens Streeter and Crabtree (with Affidavit of Service, Subpoenas to Appear and Testify) (Menefee, Andrew) Modified on 11/20/2023 to clarify text and reflect exhibits included in main document pdf. (dmn, )
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Filing 13
ENTRY OF APPEARANCE of John P. Batson, by Robert Earl Council (Menefee, Andrew) Modified on 11/20/2023 to clarify text. (dmn, )
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Filing 12
ORDER: It is ORDERED that the motion to admit pro hac vice (doc. #10 ) is GRANTED, and Attorney John P. Batson is ADMITTED to appear before this Court pro hac vice to represent Plaintiff Robert Earl Council in this action. Attorney Batson shall file a notice of appearance with the Court.Signed by Chief Judge Emily C. Marks on 11/16/2023. (dmn, )
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Set Answer Deadline: John Q. Hamm, Wendy Williams, Edward Ellington, William Streeter, Chadwick Crabtree answer due 12/6/2023. (dmn, ) (no pdf, see Doc. #11 )
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***Attorney John P. Batson added for Robert Earl Council. (dmn, ) (no pdf, see Doc. #10 )
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Filing 11
SUMMONS Returned Executed by Robert Earl Council. John Q. Hamm, Wendy Williams, Edward Ellington, William Streeter, Chadwick Crabtree answer due 12/6/2023. (Menefee, Andrew) Modified on 11/16/2023 to include answer due date and to include individual defendant names in place of All Defendants. (dmn, )
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Filing 10
Motion for John P. Batson to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3538711.) by Robert Earl Council. (Attachments: #1 Exhibit Batson certificate of good standing)(Menefee, Andrew) Modified on 11/16/2023 to include attorney name requesting appearance. (dmn, )
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Filing 9
Summons Issued as to Chadwick Crabtree, Edward Ellington, John Q. Hamm, William Streeter, Wendy Williams.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (bes, )
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Filing 8
ORDER: it is ORDERED as follows: 1. Council's #3 motion is DENIED to the extent that he requests a temporary restraining order; 2. Council's #3 motion for preliminary injunction is SET for an evidentiary hearing on 11/30/2023 at 10:00 AM CST in Courtroom 2A; The Clerk is DIRECTED to provide a court reporter for this proceeding; 3. The Dfts shall file a response to Council's motion on or before 12:00 PM Central Standard Time on 11/28/2023; The Clerk is DIRECTED to serve a copy of this Order by electronic mail on Mary Coleman Roberts, ADOC's General Counsel, and Assistant Attorney General Thomas McCarthy to the e-mail addresses provided in the motion's Certificate of Service (doc. #3 -1 at 23); and by overnight mail to the physical addresses provided in the #7 proposed summonses. Signed by Chief Judge Emily C. Marks on 11/13/2023. (furn: calendar, cs, lw) (Copies emailed & overnighted as directed) (bes, )
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Filing 7
Proposed Summons for all Defendants (Menefee, Andrew)
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Filing 6
NOTICE to Counsel re Service Material for Named DFTs. (bes, )
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Filing 5
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Robert Earl Council; Corporate Disclosures due by 11/24/2023. (Attachments: #1 Standing Order and Sample Format)(bes, )
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Filing 4
Case assigned to Chief Judge Emily C. Marks as Presiding Judge and Magistrate Judge Chad W. Bryan as Referral Judge. (bes, )
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Filing 3
MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Robert Earl Council. (Attachments: #1 Exhibit Att. 1 Plaintiff Council's Brief in Support of TRO, #2 Text of Proposed Order Att. 2 Proposed TRO, #3 Exhibit Att. 3 Plaintiff Council's demand letter, #4 Exhibit Att. 4 Aff. of Larry Jones, #5 Exhibit Att. 5 Decl. of Griggs, #6 Exhibit Att. 6 Gespass letters, #7 Exhibit Plaintiff Council's 2022 208 Complaint, #8 Exhibit Att. 8 Plaintiff Council's Sept 28, 2020 lawsuit)(Menefee, Andrew). Added MOTION for Preliminary Injunction on 11/13/2023 (bes, ).
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Filing 2
FIRST AMENDED COMPLAINT against John Q. Hamm, Wendy Williams, Edward Ellington, William Streeter, Chadwick Crabtree, filed by Robert Earl Council.(Menefee, Andrew) Modified on 11/13/2023 to clarify text and reflect dfts (bes, ). Modified on 11/16/2023 to correct John Hamm to John Q. Hamm. (dmn, )
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BRIEF in Support re #3 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Robert Earl Council. (No PDF attached to this entry - see doc #3 -1 for PDF) (bes, )
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Filing 1
COMPLAINT against John Q. Hamm( Filing fee $ 402 receipt number BALMDC-3536106.), filed by Robert Earl Council. 90 day Rule 4m deadline set for 2/8/2024. (Attachments: #1 Exhibit Att. 1 Dec. 1 of Council, #2 Exhibit Att. 2 Dec. 2 of Council, #3 Exhibit Att. 3 Outline of Complaint, #4 Civil Cover Sheet)(Menefee, Andrew) Modified on 11/13/2023 to clarify text and name DFT (bes, ).
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