Enchanted Green LLC v. Alabama Medical Cannabis Commission et al
| Enchanted Green LLC |
| Alabama Medical Cannabis Commission, William Saliski, Jr., Sam Blakemore, Dwight Gamble, Angela Martin, Eric Jensen, Loree Skelton, Rex Vaughn, Charles Price, Taylor Hatchett, James Harwell, Jerzy Szaflarski, Dion Robinson and Jimmie H. Harvey |
| 2:2023cv00696 |
| December 4, 2023 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Emily C Marks |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 38
ORDER: Upon consideration of the parties' joint stipulation for voluntary dismissal (doc. #37 ), which comports with FED. R. CIV. P. 41(a)(1)(A)(ii), this action has been DISMISSED WITHOUT PREJUDICE by operation of Rule 41, on the terms agreed to and set out by the parties. It is further ORDERED that all pending motions are DENIED as moot, and all pending deadlines are terminated. The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge Emily C. Marks on 1/17/2024. (CWL)
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Filing 37
Joint NOTICE of Voluntary Dismissal by Enchanted Green LLC, All defendants (Owen, Justin) Modified on 1/17/2024 to add joint filers (CWL).
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Filing 36
MEMORANDUM OPINION and ORDER: it is ORDERED that Enchanted Green's motion for preliminary injunctive relief (doc. #2 ) is DENIED. Signed by Chief Judge Emily C. Marks on 1/12/2024. (CWL)
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Filing 35
TEXT ORDER granting #34 Unopposed Motion for Extension of Time. Signed by Chief Judge Emily C. Marks on 1/2/2024. (no pdf attached) (CWL)
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Filing 34
Unopposed MOTION for Extension of Time re #30 Order, by Enchanted Green LLC. (Owen, Justin) Modified on 1/2/2024 to clarify text (CWL).
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Filing 33
Minute Entry for proceedings held before Chief Judge Emily C. Marks: Evidentiary Hearing held on 12/13/2023 (PDF available for court use only). (Court Reporter Dee Coker, 334-799-1573, Dee_Coker@almd.uscourts.gov.) (Attachments: #1 Witness List, #2 Plaintiff's Exhibit List, #3 PX-1-2 (Video Conventionally Filed), #4 PX-3, #5 PX-4, #6 PX-5, #7 PX-6, #8 PX-7, #9 PX-8, #10 PX-9, #11 PX-10, #12 Defendant's Exhibit List, #13 DX-A, #14 DX-B, #15 DX-C, #16 DX-D, #17 DX-E, #18 DX-F, #19 DX-G, #20 DX-H, #21 DX-I, #22 DX-J, #23 DX-K, #24 DX-L) (cs)
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Filing 32
Exhibit List for Preliminary Injunction Hearing by Enchanted Green LLC.. (Owen, Justin)
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Filing 31
Witness List for Preliminary Injunction Hearing by Enchanted Green LLC. (Owen, Justin) Modified on 12/13/2023 to clarify text (cwl, ).
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Filing 30
ORDER: it is ORDERED that the Plaintiff shall file a response to the #27 motion on or before January 4, 2024. It is further ORDERED that the Defendants shall file a reply on or before January 11, 2024. Signed by Chief Judge Emily C. Marks on 12/12/2023. (cwl, )
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Filing 29
Corporate/Conflict Disclosure Statement by Alabama Medical Cannabis Commission, Sam Blakemore, Dwight Gamble, Jimmie H. Harvey, James Harwell, Taylor Hatchett, Eric Jensen, Angela Martin, Charles Price, Dion Robinson, William Saliski, Jr, Loree Skelton, Jerzy Szaflarski, Rex Vaughn. (Wilkerson, Mark) Modified on 12/11/2023 to add joint filers pursuant to conversation with Counsel (cwl, ).
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Filing 28
(STRICKEN AS ERRONEOUS ENTRY - ATTORNEY DOCKETING THIS BRIEF UNDER MOTION EVENT) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Brief in Support by Alabama Medical Cannabis Commission. (Attachments: #1 Appendix Exhibits)(Wilkerson, Mark) Modified on 12/11/2023 (cwl, ).
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Filing 27
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Alabama Medical Cannabis Commission, Sam Blakemore, Dwight Gamble, Jimmie H. Harvey, James Harwell, Taylor Hatchett, Eric Jensen, Angela Martin, Charles Price, Dion Robinson, William Saliski, Jr, Loree Skelton, Jerzy Szaflarski, Rex Vaughn. (Wilkerson, Mark) Modified on 12/11/2023 to add all filers (cwl, ).
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BRIEF in Support re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alabama Medical Cannabis Commission, Sam Blakemore, Dwight Gamble, Jimmie H. Harvey, James Harwell, Taylor Hatchett, Eric Jensen, Angela Martin, Charles Price, Dion Robinson, William Saliski, Jr, Loree Skelton, Jerzy Szaflarski, Rex Vaughn. (No pdf attached - see doc #28 for pdf. Attorney used incorrect event when e-filing) (cwl, )
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***PURSUANT TO #27 - Attorney Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Alabama Medical Cannabis Commission,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Sam Blakemore,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Dwight Gamble,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Jimmie H. Harvey,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for James Harwell,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Taylor Hatchett,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Eric Jensen,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Angela Martin,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Charles Price,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Dion Robinson,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for William Saliski, Jr,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Loree Skelton,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Jerzy Szaflarski,Mark Douglas Wilkerson,Robert Allyn McBride,William Houston Webster,Scott Michael Speagle,Micheal Stewart Jackson,Walker Nicholas Kowalchyk for Rex Vaughn added. (no pdf attached) (cwl, )
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Filing 26
SUMMONS Returned Executed by Enchanted Green LLC. Rex Vaughn served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 25
SUMMONS Returned Executed by Enchanted Green LLC. Jerzy Szaflarski served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 24
SUMMONS Returned Executed by Enchanted Green LLC. Loree Skelton served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 23
SUMMONS Returned Executed by Enchanted Green LLC. William Saliski, Jr served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 22
SUMMONS Returned Executed by Enchanted Green LLC. Dion Robinson served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 21
SUMMONS Returned Executed by Enchanted Green LLC. Charles Price served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 20
SUMMONS Returned Executed by Enchanted Green LLC. Angela Martin served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 19
SUMMONS Returned Executed by Enchanted Green LLC. Eric Jensen served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 18
SUMMONS Returned Executed by Enchanted Green LLC. Taylor Hatchett served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 17
SUMMONS Returned Executed by Enchanted Green LLC. James Harwell served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 16
SUMMONS Returned Executed by Enchanted Green LLC. Jimmie H. Harvey served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 15
SUMMONS Returned Executed by Enchanted Green LLC. Dwight Gamble served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 14
SUMMONS Returned Executed by Enchanted Green LLC. Sam Blakemore served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 13
SUMMONS Returned Executed by Enchanted Green LLC. Alabama Medical Cannabis Commission served on 12/5/2023, answer due 12/26/2023. (Owen, Justin)
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Filing 12
ORDER: it is ORDERED that the Court's December 4, 2023 Order (doc. #11 ) is AMENDED to the extent that the Clerk of the Court is DIRECTED to serve copies of the Order (doc. #11 ) on each of the 14 Defendants by overnight mail to the physical address provided on Page 1 of the proposed summons (doc. #8 at 1). All other provisions of the Court's December 4, 2023 Order (doc. #11 ) remain in effect. Signed by Chief Judge Emily C. Marks on 12/5/2023. (order #11 mailed as directed)(cwl, )
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Filing 11
ORDER: it is ORDERED as follows: 1) Enchanted Green's motion (doc. #2 ) is DENIED to the extent that it requests a temporary restraining order; 2) Enchanted Greens motion for preliminary injunctive relief (doc. #2 ) is SET for an evidentiary hearing on December 13, 2023 at 10:30 a.m. CT in Courtroom 2A,Frank M. Johnson Jr. Federal Building and United States Courthouse, One Church Street, Montgomery, Alabama. The Clerk of the Court is DIRECTED to provide a court reporter for this proceeding; 3) The Defendants shall file a response to Enchanted Green's motion on or before 12:00 p.m. CT on December 11, 2023. The Clerk of the Court is DIRECTED to serve a copy of this Order by electronic mail on Justin C. Aday, William H. Webster, and Mark D. Wilkerson to the email addresses provided in the memorandum brief's Certificate of Service (doc. #3 at 18); and by overnight mail to the physical addresses provided in the proposed summonses (doc. #8 ). Signed by Chief Judge Emily C. Marks on 12/4/2023. (furn: calendar, cs, lw) (documents emailed/mailed as directed)(cwl, )
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Filing 10
Corporate/Conflict Disclosure Statement by Enchanted Green LLC re #6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Owen, Justin) Modified on 12/4/2023 to add link (cwl, ).
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Filing 9
Summons Issued as to Alabama Medical Cannabis Commission, Sam Blakemore, Dwight Gamble, Jimmie H. Harvey, James Harwell, Taylor Hatchett, Eric Jensen, Angela Martin, Charles Price, Dion Robinson, William Saliski, Jr, Loree Skelton, Jerzy Szaflarski, Rex Vaughn. NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (cwl, )
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Filing 8
Proposed Summons (Owen, Justin)
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Filing 7
NOTICE to Counsel regarding service material. (cwl, )
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Filing 6
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Enchanted Green LLC. Corporate Disclosures due by 12/14/2023. (Attachments: #1 Standing Order and Sample Format)(cwl, )
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Filing 5
Case Reassigned to Chief Judge Emily C. Marks as presiding Judge. Honorable Judge Myron H. Thompson no longer assigned to the case. (cwl, )
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Filing 4
Case Assigned to Honorable Judge Myron H. Thompson as presiding Judge and Magistrate Judge Jerusha T. Adams as referral Judge. (cwl, )
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Filing 3
BRIEF/MEMORANDUM in Support re #2 Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunctive Relief filed by Enchanted Green LLC. (Owen, Justin) Modified on 12/4/2023 to clarify text (cwl, ).
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Filing 2
Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunctive Relief by Enchanted Green LLC. (Owen, Justin). Added MOTION for Preliminary Injunction on 12/4/2023 (cwl, ).
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Filing 1
COMPLAINT Verified Complaint for Emergency Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number AALMDC-3546058.), filed by Enchanted Green LLC. 90 day Rule 4m deadline set for 3/4/2024.(Owen, Justin) (Additional attachment(s) added on 12/4/2023: #1 Civil Cover Sheet) (cwl, ).
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