Council et al v. Ivey et al
| Robert Earl Council, Kinetik Justice, Lee Edward Moore, Jr., Lakiera Walker, Jerame Aprentice Cole, Frederick Denard McDole, Michael Campbell, Arthur Charles Ptomey, Jr., Lanair Pritchett, Alimireo English, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, The Woods Foundation and Union of Southern Service Workers, Service Employees International Union |
| Kay Ivey, Steve Marshall, Leigh Gwathney, Darryl Littleton, Gabrelle Simmons, John Hamm, John Cooper, City of Montgomery, City of Troy, Jefferson County, RCF, LLC, Koch Foods, LLC, Ju-Young Manufacturing America, Inc., SL Alabama, LLC, Hwaseung Automotive USA, LLC, Progressive Finishes, Inc., C.B.A.K, Inc., Premier Kings Inc., Southeast Restaurant Group-Wen LLC, Pell City Kentucky Fried Chicken, Inc., Masonite Corporation, Cast Products, Inc., Southeastern Meats, Inc., Paramount Services, Inc., Bama Budweiser of Montgomery, Inc., RCF, LLC doing business as Gemstone Foods, LLC, C.B.A.K, Inc. doing business as McDonald's, Premier Kings Inc. doing business as Burger King, Southeast Restaurant Group-Wen LLC doing business as Wendy's and Pell City Kentucky Fried Chicken, Inc. doing business as Kentucky Fried Chicken, Inc. doing business as KFC |
| 2:2023cv00712 |
| December 12, 2023 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Corey L Maze |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 92 NOTICE of Appearance by Aaron Gavin Mcleod on behalf of Bama Budweiser of Montgomery, Inc. (Mcleod, Aaron) |
| Filing 91 REPLY to Response to Motion re #23 MOTION for Preliminary Injunction and Provisional Class Certification filed by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr., The Woods Foundation. (Attachments: #1 Affidavit of Lacey Keller in Support of Plaintiffs' Motion for Preliminary Injunction, #2 Affidavit of Lauren Faraino in Support of Plaintiffs' Motion for Preliminary Injunction, #3 Certificate of Service) (Chisholm, Barbara) |
| Filing 90 TEXT ORDER GRANTING motion for extension of time to file answer (doc. #89 ). The City of Troy now has until on or before March 29, 2024 to respond to Plaintiffs' complaint. Signed by Honorable Corey L. Maze on 2/7/2024. (no PDF attached to this entry) (BES) |
| Filing 89 MOTION for Extension of Time to File Answer by City of Troy. (Morgan, Randall) Modified on 2/7/2024 to correct event type (BES). |
| Filing 88 NOTICE of Appearance by Brad Anthony Everhardt on behalf of City of Troy (Everhardt, Brad) |
| Filing 87 NOTICE of Appearance by Randall C. Morgan on behalf of City of Troy (Morgan, Randall) |
| Filing 86 Corporate/Conflict Disclosure Statement by City of Montgomery. (Segall, Robert) |
| Filing 85 NOTICE of Appearance by Shannon Lynn Holliday on behalf of City of Montgomery (Holliday, Shannon) |
| Filing 84 NOTICE of Appearance by Robert David Segall on behalf of City of Montgomery (Segall, Robert) |
| Filing 83 TEXT ORDER:The court GRANTS the parties' joint motion for extension of time to respond to complaint and proposed briefing order (doc. #74 ). The State Defendants' deadline to respond to Plaintiffs' complaint is now March 29, 2024. If the State Defendants' move to dismiss the complaint, Plaintiffs' response in opposition is due on or before April 26, 2024. The State Defendants' reply, if any, is due on or before May 8, 2024. Signed by Honorable Corey L. Maze on 01/31/2024. (GGN) |
| Filing 82 Corporate/Conflict Disclosure Statement by Masonite Corporation. (Parker, George) |
| Filing 81 NOTICE of Appearance by John Thomas Richie on behalf of Masonite Corporation (Richie, John) |
| Filing 80 NOTICE of Appearance by George Robert Parker on behalf of Masonite Corporation (Parker, George) |
| Filing 79 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Southeast Restaurant Group-Wen LLC waiver sent on 1/29/2024, answer due 3/29/2024. (Connor, Glen) |
| Filing 78 TEXT ORDER: The court construes the parties' joint stipulation extending deadline to file reply (doc. #76 ) as a motion to extend the reply brief deadline for Plaintiffs motion for preliminary injunction and provisional class certification. The court GRANTS the motion (doc. #76 ). The reply brief deadline is now February 7, 2024. The court RESETS the preliminary injunction hearing, which was previously set for February 8, 2024, to March 15, 2024 at 10:00 AM Central in Courtroom 2-F, Frank M. Johnson, Jr. Federal Building and United States Courthouse Complex, One Church Street, Montgomery, Alabama before Judge Corey L. Maze. The court DIRECTS the Clerk of Court to provide a court reporter. Signed by Honorable Corey L. Maze on 01/29/2024. (GGN) |
| #76 Joint Stipulation construed as a Motion to extend the reply brief deadline for Plaintiffs' motion for preliminary injunction and provisional class certification pursuant to 78 TEXT Order by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Leigh Gwathney, Kay Ivey, Darryl Littleton, Steve Marshall, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr., Gabrelle Simmons, and The Woods Foundation. (NO PDF attached to this entry) (GGN) |
| Filing 77 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Masonite Corporation waiver sent on 12/18/2023, answer due 2/16/2024. (Attachments: #1 CERTIFICATE OF SERVICE FOR WAIVER OF THE SERVICE OF SUMMONS FOR DEFENDANT MASONITE CORPORATION) (Lynch, Amanda) |
| Filing 76 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO FILE REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr., The Woods Foundation, Governor Kay Ivey, Attorney General Steve Marshall, Leigh Gwathney, Darryl Littleton, and Gabrelle Simmons. (Chisholm, Barbara) Modified on 1/29/2024 to clarify text and add joint e-filers (GGN). |
Filing 75
ORDER: Plaintiffs' claims against Premier Kings are DISMISSED WITHOUT PREJUDICE. The parties are to bear their own costs and attorney's fees. The court DIRECTS the Clerk of Court to terminate Premier Kings as a Defendant listed on the docket sheet. Plaintiffs' claims against all other Defendants remain pending. Signed by Honorable Corey L. Maze on 01/26/2024. (GGN)
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| Filing 74 Joint MOTION for Extension of Deadline (Plaintiffs and State Defendants Joint Motion for Extension of Time to Respond to Complaint and Proposed Briefing Order) by Kay Ivey, Steve Marshall, Robert Earl Council, Lee Edward Moore, Jr., Lakiera Walker, Jerame Aprentice Cole, Frederick Denard McDole, Michael Campbell, Arthur Charles Ptomey, Jr., Lanair Pritchett, Alimireo English, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, and The Woods Foundation. (Attachments: #1 Text of Proposed Order) (Chynoweth, Brad) Modified on 1/26/2024 to add joint e-filers (GGN). |
| Filing 73 AFFIDAVIT of Service for Complaint served on Southeastern Meats, Inc. on 1/25/2024, filed by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Mid-South Council, The Woods Foundation, Union of Southern Service Workers, Service Employees International Union, Lakiera Walker. (Rouco, Richard) |
| Filing 72 AFFIDAVIT of Service for Complaint served on C.B.A.K. d/b/a McDonald's on 1/24/2024, filed by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Mid-South Council, The Woods Foundation, Union of Southern Service Workers, Service Employees International Union, Lakiera Walker. (Rouco, Richard) |
| Filing 71 AFFIDAVIT of Service for Complaint served on Jefferson County on 1/24/2024, filed by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Mid-South Council, The Woods Foundation, Union of Southern Service Workers, Service Employees International Union, Lakiera Walker. (Rouco, Richard) |
| Filing 70 AFFIDAVIT of Service served on Bama Budweiser of Montgomery, Inc. on 1/24/2024, filed by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Mid-South Council, The Woods Foundation, Union of Southern Service Workers, Service Employees International Union, Lakiera Walker. (Rouco, Richard) |
| Filing 69 Alias Summons issued as to Bama Budweiser of Montgomery, Inc., C.B.A.K, Inc., Southeastern Meats, Inc..NOTICE TO COUNSEL: Alias Summons have been issued. Please print copies necessary for service. (BES) |
| Filing 68 (STRICKEN AS ERRONEOUS DUPLICATE ENTRY - SEE DOC #64 FOR CORRECT PROP SMNS) Proposed Summons (Rouco, Richard) Modified on 1/23/2024 (BES). |
| Filing 67 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. SL Alabama, LLC waiver sent on 12/18/2023, answer due 2/16/2024. (Attachments: #1 CERTIFICATE OF SERVICE FOR WAIVER OF THE SERVICE OF SUMMONS FOR DEFENDANT SL ALABAMA, LLC) (Lynch, Amanda) |
| Filing 66 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Ju-Young Manufacturing America, Inc. waiver sent on 12/18/2023, answer due 2/16/2024. (Attachments: #1 CERTIFICATE OF SERVICE FOR WAIVER OF THE SERVICE OF SUMMONS FOR DEFENDANT JU-YOUNG MANUFACTURING AMERICA, INC.) (Lynch, Amanda) |
| Filing 65 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Hwaseung Automotive USA, LLC waiver sent on 12/18/2023, answer due 2/16/2024. (Attachments: #1 CERTIFICATE OF SERVICE FOR WAIVER OF THE SERVICE OF SUMMONS FOR DEFENDANT HWASEUNG AUTOMOTIVE USA LLC) (Lynch, Amanda) |
| Filing 64 Proposed Alias Summons (Rouco, Richard) (Main Document 64 replaced on 1/23/2024 to correct error within smns) (BES). Modified on 1/23/2024 (BES). |
| Filing 63 Evidentiary Submission re #57 Memorandum (main doc is Exhibit TT) filed by Leigh Gwathney, Darryl Littleton, Gabrelle Simmons. (Attachments: #1 Exhibit UU, #2 Exhibit VV, #3 Exhibit WW, #4 Exhibit XX, #5 Exhibit YY, #6 Exhibit ZZ) (Willford, Gary) Modified on 1/23/2024 to clarify docket text (BES). |
| Filing 62 Evidentiary Submission re #57 Memorandum (main doc is Exhibit SS) filed by Leigh Gwathney, Darryl Littleton, Gabrelle Simmons. (Willford, Gary) Modified on 1/23/2024 to clarify the docket text (BES). |
| Filing 61 Evidentiary Submission re #57 Memorandum (main doc is Exhibit QQ) filed by Leigh Gwathney, Darryl Littleton, Gabrelle Simmons. (Attachments: #1 Exhibit RR) (Willford, Gary) Modified on 1/23/2024 to clarify the docket text (BES). |
| Filing 60 Evidentiary Submission re #57 Memorandum (main doc is Exhibit GG) filed by Leigh Gwathney, Darryl Littleton, Gabrelle Simmons. (Attachments: #1 Exhibit HH, #2 Exhibit II, #3 Exhibit JJ, #4 Exhibit KK, #5 Exhibit LL, #6 Exhibit MM, #7 Exhibit NN, #8 Exhibit OO, #9 Exhibit PP) (Willford, Gary) Modified on 1/23/2024 to clarify text (BES). |
| Filing 59 Evidentiary Submission re #57 Memorandum (main doc is Exhibit U) filed by Leigh Gwathney, Darryl Littleton, Gabrelle Simmons. (Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y, #5 Exhibit Z, #6 Exhibit AA, #7 Exhibit BB, #8 Exhibit CC, #9 Exhibit DD, #10 Exhibit EE, #11 Exhibit FF) (Willford, Gary) Modified on 1/23/2024 to clarify text(BES). |
| Filing 58 Evidentiary Submission re #57 Memorandum (main doc is Exhibit H) filed by Leigh Gwathney, Darryl Littleton, Gabrelle Simmons. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O, #8 Exhibit P, #9 Exhibit Q, #10 Exhibit R, #11 Exhibit S, #12 Exhibit T) (Willford, Gary) Modified on 1/23/2024 to clarify text (BES). |
| Filing 57 MEMORANDUM in Support re #23 Motion for Preliminary Injunction and Provisional Class Certification filed by Leigh Gwathney, Darryl Littleton, Gabrelle Simmons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Exhibit G) (Willford, Gary) (Additional attachment(s) added on 1/23/2024, previously left off by e-filer in error: #7 Exhibit E) (BES). Modified on 1/23/2024 (BES). Modified on 1/23/2024 to add link to do #23 (BES). |
| Filing 56 NOTICE of Voluntary Dismissal of Dft Premier Kings, Inc. by All Plaintiffs (Chisholm, Barbara) Modified on 1/23/2024 to clarify text (BES). |
| Filing 55 RESPONSE in Opposition re #23 MOTION for Preliminary Injunction filed by Kay Ivey, Steve Marshall. (Attachments: #1 Exhibit 1 - Angie Baggett affidavit w inmate summaries, #2 Exhibit 2 - David Brewer affidavit with parole objection letters, #3 Exhibit 3 - 1951 Ala Act No 599, #4 Exhibit 4 - 2015 Ala Act 2015-185, #5 Exhibit 5 - 2019 Ala Act No 2019-393) (Chynoweth, Brad) |
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Filing 54
ORDER: The court SETS a motion hearing on Plfs' #23 motion for preliminary injunction and provisional class certification for 2/8/2024, at 9:00 AM Central in Courtroom 2-F before Judge Corey L. Maze; The court DIRECTS the Clerk to provide a court reporter. Signed by Honorable Corey L. Maze on 1/10/2024. (furn: calendar, dh, lw) (BES)
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| Filing 53 Minute Entry for proceedings held before Honorable Corey L. Maze. Status Conference held on 1/9/2024 (PDF available for court use only). (Court Reporter Patricia Starkie, (334) 322-8053, patricia_starkie@almd.uscourts.gov.) (DH) |
| Filing 52 NOTICE of Appearance by Benjamin Matthew Seiss on behalf of Kay Ivey, Steve Marshall (Seiss, Benjamin) |
| Filing 51 NOTICE of Appearance by Cameron Wayne Elkins on behalf of John Hamm (Elkins, Cameron) |
| Filing 50 NOTICE of Appearance by Tara S. Hetzel on behalf of John Hamm (Hetzel, Tara) |
| Filing 49 NOTICE of Appearance by Kayla Michelle Wunderlich on behalf of Koch Foods, LLC (Wunderlich, Kayla) |
| Filing 48 NOTICE of Appearance by Rachel V. Barlotta on behalf of Koch Foods, LLC (Barlotta, Rachel) |
| Filing 47 AFFIDAVIT of Service for Complaint served on City of Troy on 1/8/2024, filed by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., The Woods Foundation, Union of Southern Service Workers, Service Employees International Union, Lakiera Walker. (Rouco, Richard) |
| Filing 46 AFFIDAVIT of Service for Complaint served on City of Montgomery on 1/5/2024, filed by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Mid-South Council, The Woods Foundation, Union of Southern Service Workers, Service Employees International Union. (Rouco, Richard) |
| Filing 45 NOTICE of Appearance by William Franklin Patty & S. Anthony Higgins on behalf of John Cooper (Patty, William) Modified on 1/5/2024 to reflect atty higgins making appearance (BES). |
| ***PURSUANT TO THE #45 NOTICE OF APPEARANCE - Attorney Steven Anthony Higgins for John Cooper added. (No PDF attached to this entry) (BES) |
| Filing 44 MOTION for Joinder in #23 Motion for Preliminary Injunction by The Woods Foundation. (Attachments: #1 Affidavit of Lauren Faraino in Support of Joinder) (Chisholm, Barbara) Modified on 1/5/2024 to clarify the docket text (BES). |
| Filing 43 Corporate/Conflict Disclosure Statement by Leigh Gwathney, Darryl Littleton, Gabrelle Simmons. (Willford, Gary) |
| Filing 42 NOTICE of Appearance by Gary Lee Willford, Jr on behalf of Leigh Gwathney, Darryl Littleton, Gabrelle Simmons (Willford, Gary) |
| Filing 41 TEXT ORDER: The phone number for the telephone status conference set for January 9, 2024 at 10:00 AM Central is now (877) 873-8018 and the access code is 6714714. Besides being prepared to discuss Defendant Premier Kings, Inc.'s suggestion of bankruptcy (doc. #19 ), the parties should also be prepared to discuss the logistics of scheduling a hearing on the motion for preliminary injunction (doc. #23 ). Signed by Honorable Corey L. Maze on 1/3/2024. (Furn: Calendar, dh, lw) (No PDF attached to this entry) (BES) |
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Filing 40
ORDER: In accordance with the stipulation, the court sets the following briefing schedule on the motion for preliminary injunction: Dfts Governor Kay Ivey, Attorney General Steve Marshall, Alabama Board of Pardons and Paroles Chair Leigh Gwathney, and associate Parole Board members Darryl Littleton and Gabrelle Simmons have until on or before January 22, 2024, to file their response brief. Plaintiffs Lee Edward Moore Jr., Jerame Aprentice Cole, Frederick Denard McDole, Michael Campbell, Arthur Charles Ptomey Jr., and Alimireo English's reply, if any, is due on or before January 31, 2024; The court will schedule a hearing on the motion for preliminary injunction and provisional class certification by separate order. Signed by Honorable Corey L. Maze on 1/3/2024. (BES)
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| Filing 39 Corporate/Conflict Disclosure Statement by Kay Ivey, Steve Marshall. (Chynoweth, Brad) |
| Filing 38 NOTICE of Appearance by Brad A. Chynoweth on behalf of Kay Ivey, Steve Marshall (Chynoweth, Brad) |
| Filing 37 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Leigh Gwathney waiver sent on 12/15/2023, answer due 2/13/2024. (Lynch, Amanda) |
| Filing 36 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Kay Ivey waiver sent on 12/15/2023, answer due 2/13/2024. (Lynch, Amanda) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Gabrelle Simmons waiver sent on 12/15/2023, answer due 2/13/2024. (Lynch, Amanda) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. John Cooper waiver sent on 12/15/2023, answer due 2/13/2024. (Lynch, Amanda) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Darryl Littleton waiver sent on 12/15/2023, answer due 2/13/2024. (Lynch, Amanda) |
| Filing 32 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. John Hamm waiver sent on 12/14/2023, answer due 2/12/2024. (Lynch, Amanda) |
| Filing 31 WAIVER OF SERVICE Returned Executed by Arthur Charles Ptomey, Jr., Lee Edward Moore, Jr., Robert Earl Council, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, Michael Campbell, Lakiera Walker, Alimireo English, The Woods Foundation, Lanair Pritchett, Jerame Aprentice Cole, Frederick Denard McDole. Steve Marshall waiver sent on 12/14/2023, answer due 2/12/2024. (Lynch, Amanda) |
| Filing 30 Case reassigned to Honorable Corey L. Maze as Presiding Judge. Chief Judge Emily C. Marks no longer assigned to the case. (BES) |
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Filing 29
ORDER: this case is REASSIGNED to the Honorable Corey L. Maze, US District Judge for the Northern District of Alabama, as further set out in order. Signed by Chief Judge Emily C. Marks on 12/29/2023. (BES)
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| Filing 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr.. (Chisholm, Barbara) |
| Filing 27 MOTION REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr.. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION) (Chisholm, Barbara) |
| Filing 26 AFFIDAVIT in Support re #23 MOTION for Preliminary Injunction of Lyn Head filed by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr.. (Attachments: #1 Exhibit A TO HEAD DECLARATION, #2 Exhibit B TO HEAD DECLARATION, #3 Affidavit DECLARATION OF LACEY KELLER IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION, #4 Affidavit DECLARATION OF BARBARA J. CHISHOLM IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION, #5 Exhibit 1 TO CHISHOLM DECLARATION, #6 Affidavit DECLARATION OF JANET HEROLD IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION, #7 Affidavit DECLARATION OF LAUREN FARAINO IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION) (Chisholm, Barbara) |
| Filing 25 AFFIDAVIT in Support re #23 MOTION for Preliminary Injunction of Arthur Charles Ptomey Jr. filed by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr.. (Attachments: #1 Affidavit DECLARATION OF MICHAEL CAMPBELL IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION, #2 Affidavit DECLARATION OF FREDERICK MCDOLE IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION, #3 Affidavit DECLARATION OF ALIMIREO ENGLISH IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION, #4 Affidavit DECLARATION OF LEE EDWARD MOORE JR. IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION, #5 Affidavit DECLARATION OF JERAME APRENTICE COLE IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION) (Chisholm, Barbara) |
| Filing 24 AFFIDAVIT in Support re #23 MOTION for Preliminary Injunction of Amanda C. Lynch filed by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ) (Chisholm, Barbara) (Attachment 1 replaced on 12/22/2023 to replace corrupt PDF pursuant to conversation with Counsel) (cwl, ). |
| Filing 23 MOTION for Preliminary Injunction by Michael Campbell, Jerame Aprentice Cole, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Arthur Charles Ptomey, Jr.. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION, #2 Text of Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION, #3 Appendix EVIDENTIARY SUBMISSION IN SUPPORT OF PLAINTIFFS MOORE, COLE, MCDOLE, CAMPBELL, PTOMEY, AND ENGLISHS MOTION FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION) (Chisholm, Barbara) |
| Filing 22 NOTICE of Appearance by Janet Marie Herold on behalf of All Plaintiffs (Herold, Janet) |
| Filing 21 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Premier Kings Inc.; Corporate Disclosures due by 1/2/2024. (Attachments: #1 Standing Order and Sample Format)(bes, ) |
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Filing 20
ORDER: it is ORDERED that this matter is SET for a status conference on January 9, 2024 at 10:00 a.m. CST by telephone conference call. The parties shall be prepared to discuss the Suggestion of Bankruptcy filed by Defendant Premier Kings, Inc., (doc. #19 ). The parties are DIRECTED to contact Cindy Sanders, the courtroom deputy for the undersigned, for the phone number and access code required to participate in the conference call. The Clerk of the Court is DIRECTED to provide a court reporter. Signed by Chief Judge Emily C. Marks on 12/20/2023. (furn: calendar, cs, lw)(cwl, )
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| ***PURSUANT TO THE #19 SUGGESTION - Attorney Morgan Leigh Allred for Premier Kings Inc. added. (No PDF attached to this entry) (bes, ) |
| Filing 19 SUGGESTION OF BANKRUPTCY Upon the Record as to Premier Kings, Inc. by Premier Kings Inc.. (Allred, Morgan) Modified on 12/19/2023 to reflect that exhibit A is contained within the main PDF (BES). |
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Filing 18
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice and Attorney Janet Herold is ADMITTED to appear before this Court pro hac vice to represent the Plfs in this action. Attorney Herold shall file a notice of appearance with the Court as soon as practicable. Signed by Chief Judge Emily C. Marks on 12/15/2023. (bes, )
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| Filing 17 NOTICE of Appearance by Connie Kay Chan on behalf of All Plaintiffs (Chan, Connie) |
| Filing 16 NOTICE of Appearance by Michael Rubin on behalf of All Plaintiffs (Rubin, Michael) |
| Filing 15 NOTICE of Appearance by Amanda Christine Lynch on behalf of All Plaintiffs (Lynch, Amanda) |
| Filing 14 NOTICE of Appearance by Barbara Jane Chisholm on behalf of All Plaintiffs (Chisholm, Barbara) |
| Filing 13 Summons Issued as to Bama Budweiser of Montgomery, Inc., C.B.A.K, Inc., Cast Products, Inc., City of Montgomery, City of Troy, John Cooper, Leigh Gwathney, John Hamm, Hwaseung Automotive USA, LLC, Kay Ivey, Jefferson County, Ju-Young Manufacturing America, Inc., Koch Foods, LLC, Darryl Littleton, Steve Marshall, Masonite Corporation, Paramount Services, Inc., Pell City Kentucky Fried Chicken, Inc., Premier Kings Inc., Progressive Finishes, Inc., RCF, LLC, SL Alabama, LLC, Gabrelle Simmons, Southeast Restaurant Group-Wen LLC, Southeastern Meats, Inc..NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (bes, ) |
| Filing 12 Motion for Attorney Janet Herold to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3552538.) by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Mid-South Council, Service Employees International Union, The Woods Foundation, Union of Southern Service Workers, Lakiera Walker. (Attachments: #1 Certificate of Good Standing for Janet M. Herold)(Rouco, Richard) Modified on 12/15/2023 to reflect requesting atty (BES). |
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Filing 11
ORDER: it is ORDERED that the #2 , #3 , #4 , & #5 motions to admit pro hac vice are GRANTED, and Attorney Connie K. Chan, Attorney Barbara J. Chisholm, Attorney Amanda C. Lynch, and Attorney Michael Rubin are ADMITTED to appear before this Court pro hac vice to represent the Plfs in this action. The aforementioned attorneys shall each file a notice of appearance with the Court as soon as practicable. Signed by Chief Judge Emily C. Marks on 12/14/2023. (bes, )
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| Filing 10 Case assigned to Chief Judge Emily C. Marks as Presiding Judge and Magistrate Judge Jerusha T. Adams as Referral Judge. (bes, ) Modified on 12/13/2023 to reflect that this was an assignment rather than a reassignment(bes, ). |
| Filing 9 Proposed Summons to all Defendants (Rouco, Richard) |
| NOTICE of Appearance by Lauren Elaena Faraino on behalf of Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., The Woods Foundation, Lakiera Walker (No PDF attached to this entry - see doc #8 for PDF - Incorrect civil event previously selected during e-filing) (bes, ) |
| Filing 8 (DISREGARD, EVENT INCORRECTLY SELECTED DURING E-FILING, CORRECTED BY CLERK'S OFFICE TO PROPERLY APPEAR AS A NOTICE OF APPEARANCE) MOTION for Leave to Appear by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., The Woods Foundation, Lakiera Walker. (Faraino, Lauren) Modified on 12/13/2023 (bes, ). |
| Filing 7 NOTICE of Appearance by George Nicholas Davies on behalf of Retail, Wholesale and Department Store Union, Mid-South Council, Service Employees International Union, Union of Southern Service Workers (Davies, George) |
| Filing 6 Corporate/Conflict Disclosure Statement by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Mid-South Council, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Service Employees International Union, The Woods Foundation, Union of Southern Service Workers, Lakiera Walker. (Rouco, Richard) |
| Filing 5 Motion for Attorney Michael Rubin to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3550887.) by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Mid-South Council, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Service Employees International Union, The Woods Foundation, Union of Southern Service Workers, Lakiera Walker. (Attachments: #1 Michael Rubin Certificate of Good Standing)(Rouco, Richard) Modified on 12/13/2023 to reflect requesting attorney(bes, ). |
| Filing 4 Motion for Attorney Amanda C. Lynch to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3550879.) by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Mid-South Council, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Service Employees International Union, The Woods Foundation, Union of Southern Service Workers, Lakiera Walker. (Attachments: #1 Amanda Lynch Certificate of Good Standing)(Rouco, Richard) Modified on 12/13/2023 to reflect requesting attorney(bes, ). |
| Filing 3 Motion for Attorney Marbara J. Chisholm to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3550876.) by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Mid-South Council, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Service Employees International Union, Union of Southern Service Workers, Lakiera Walker. (Attachments: #1 Barbara Chisholm Certificate of Good Standing)(Rouco, Richard) Modified on 12/13/2023 to reflect requesting attorney (bes, ). |
| Filing 2 Motion for Attorney Connie K. Chan to Appear Pro Hac Vice ( Filing fee $ 75 receipt number BALMDC-3550846.) by Michael Campbell, Toni Cartwright, Jerame Aprentice Cole, Robert Earl Council, Alimireo English, Frederick Denard McDole, Mid-South Council, Lee Edward Moore, Jr., Lanair Pritchett, Arthur Charles Ptomey, Jr., Retail, Wholesale and Department Store Union, Service Employees International Union, The Woods Foundation, Union of Southern Service Workers, Lakiera Walker. (Attachments: #1 Connie Chan Certificate of Good Standing)(Rouco, Richard) Modified on 12/13/2023 to reflect requesting attorney (bes, ). |
| Filing 1 COMPLAINT with JURY DEMAND against Kay Ivey, Steve Marshall, Leigh Gwathney, Darryl Littleton, Gabrelle Simmons, John Hamm, John Cooper, City of Montgomery, City of Troy, Jefferson County, RCF, LLC, Koch Foods, LLC, Ju-Young Manufacturing AMerica, Inc., SL Alabama, LLC, Progressive Finishes, Inc., C.B.A.K., Inc., Premier Kings Inc., Southeast Restaurant Group-Wen LLC, Pell City Kentucky Fried Chicken, Masonite Corporation, Case Products, Inc., Southeastern Meats, Inc., Paramount Services, Inc., Bama Budweiser of Montgomery, Inc. ( Filing fee $ 405 receipt number AALMDC-3550332.), filed by Robert Earl Council, Lee Edward Moore, Jr., Lakiera Walker, Jerame Aprentice Cole, Frederick Denard McDole, Michael Campbell, Arthur Charles Ptomey, Jr., Lanair Pritchett, Alimireo English, Toni Cartwright, Union of Southern Service Workers, Service Employees International Union, Retail, Wholesale and Department Store Union, Mid-South Council, The Woods Foundation. 90 day Rule 4m deadline set for 3/11/2024. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Attachment)(Rouco, Richard) Modified on 12/13/2023 to include jury demand and list all named PLFs and DFTs (bes, ). |
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