McDowell v. Randolph County, Alabama et al
| Dale McDowell |
| Joyce Adams, Randy Moore, Angela Price, Aris Murphy, Lisa Burdette, James Earl Price, Randolph County, Alabama, Bernard Sheppard, David Cofield, The Randolph County Commission and James Michael Price |
| 3:2020cv00839 |
| October 15, 2020 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Emily C Marks |
| Kelly F Pate |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.
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Filing 57
BRIEF/MEMORANDUM in Support re #56 MOTION to Dismiss filed by Randy Moore, Bernard Sheppard. (Hill, Charles)
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Filing 56
MOTION to Dismiss by Randy Moore, Bernard Sheppard. (Hill, Charles)
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Filing 55
BRIEF/MEMORANDUM in Support re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joyce Adams, Lisa Burdette. (Chynoweth, Brad)
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Filing 54
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joyce Adams, Lisa Burdette. (Attachments: #1 Exhibit 1 - SJIS Case Detail sheet for Defendant Angela Prices small claims against Sprouse, #2 Exhibit 2 - Certified copy of Small Claims Clerk's File)(Chynoweth, Brad)
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Filing 53
BRIEF/MEMORANDUM in Support re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aris Murphy. (Chynoweth, Brad)
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Filing 52
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Aris Murphy. (Attachments: #1 Exhibit 1 - Declaration of Murphy)(Chynoweth, Brad)
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Filing 51
ORDER: Now pending before the Court are the Defendants' motions to dismiss (doc. #16 , #17 , and #22 ) and the Plaintiff's unopposed motion to set a briefing schedule (doc. #36 ) filed on 12/17/2020. On 2/18/2021, the Plaintiff filed an amended complaint. (Doc. #48 ). Accordingly, upon consideration of the motions, and for good cause, it is ORDERED that the motions to dismiss (doc. #16 , #17 , and #22 ) and the Plaintiff's unopposed motion to set a briefing schedule (doc. #36 ) are DENIED as moot. Signed by Chief Judge Emily C. Marks on 2/23/2021. (dmn, )
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BRIEF/MEMORANDUM in Support of #50 Motion to Dismiss for Failure to State a Claim filed by Randy Moore. (dmn, ) (no pdf, see Doc. #50 for pdf)
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Filing 50
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Randy Moore. (Attachments: #1 Brief in Support of Motion to Dismiss)(Stubbs, Charles)
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Filing 49
ORDER: Now pending before the Court is the Defendant Aris Murphys' motion to dismiss (doc. #38 ) filed on 12/30/2020. On 1/28/2021, the Plaintiff filed an amended complaint (Doc. #48 ). Accordingly, upon consideration of the motion, and for good cause, it is ORDERED that the motion to dismiss (doc. #38 ) is DENIED as moot. Signed by Chief Judge Emily C. Marks on 2/18/2021. (dmn, )
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Filing 48
[SEE CORRECTED DOCKET ENTRY. IMPROPER CIVIL EVENT CODE SELECTED WHEN FILED.] AMENDMENT TO COMPLAINT against Joyce Adams, Lisa Burdette, David Cofield, Randy Moore, Aris Murphy, Angela Price, James Michael Price, James Earl Price, Bernard Sheppard, filed by Dale McDowell.(Segrest, John) Modified on 2/18/2021 (dmn, ).
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FIRST AMENDED COMPLAINT and Request for Injunctive Relief against Joyce Adams, Lisa Burdette, Randy Moore, Aris Murphy, Angela Price, James Michael Price, James Earl Price, Bernard Sheppard, filed by Dale McDowell.(dmn, ) (no pdf, see Doc. #48 for pdf; wrong event code selected when originally filed)
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Filing 47
TEXT ORDER granting #45 Motion to Amend. The Plaintiff shall file his amended complaint on or before 2/23/2021 in compliance with this Court's local rules. See L.R.M.D.Ala.15.1. Signed by Chief Judge Emily C. Marks on 2/16/2021. (dmn, ) (no pdf)
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Filing 46
NOTICE pursuant to Rule 5.1 by Dale McDowell (Segrest, John) Modified on 2/16/2021 to reflect actual title. (dmn, )
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Filing 45
MOTION to Amend #1 Complaint, by Dale McDowell. (Attachments: #1 Exhibit A - First Amended Complaint and Request for Injunctive Relief)(Segrest, John) Modified on 2/16/2021 to include more detailed exhibit name. (dmn, )
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Filing 44
TEXT ORDER: For good cause, it is ORDERED that the motion to stay briefing schedule to allow motion for leave to amend, (doc. #43 ), is GRANTED. The Plaintiffs may file motion for leave to amend the complaint on or before 2/5/2021. Signed by Chief Judge Emily C. Marks on 1/29/2021. (dmn, ) (no pdf)
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Filing 43
MOTION to Stay Defendants' Briefing Schedule to Allow Motion to Leave to Anend by Dale McDowell. (Segrest, John) Modified on 1/28/2021 to reflect actual title. (dmn, )
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Filing 42
CONSOLIDATED RESPONSE to Defendants' Motions to Dismiss (Docs. #16 , #17 , #22 , and #38 filed by Dale McDowell. (Segrest, John) Modified on 1/28/2021 to reflect actual title and clean up text. (dmn, )
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Filing 41
ORDER: It is ORDERED that the Plaintiff's unopposed motion to set briefing schedule on motions to dismiss (doc. #36 ) is GRANTED as follows: 1. on or before 1/26/2021, the Plaintiff shall SHOW CAUSE why the motions to dismiss (docs. #16 , #17 , #22 , and #38 ) should not be granted, and 2. the Defendants may file a reply to the Plaintiff's response on or before 2/2/2021. Signed by Chief Judge Emily C. Marks on 1/5/2021. (dmn, )
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Mail Returned as Undeliverable. #20 Order to Show Cause mailed to Aris Murphy returned by USPS with following notation, "RTS, No longer at this address, Return to Sender, Not Deliverable as Addressed, Unable to Forward." (dmn, ) (no pdf)
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***Attorney Joshua Jonathan Jackson for James Michael Price added pursuant to #40 answer (NO PDF document attached-See Docket entry #40 ). (djy, )
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Filing 40
ANSWER to #1 Complaint, by James Michael Price.(Bufford, Kevin)
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Filing 39
BRIEF/MEMORANDUM in Support re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aris Murphy. (Chynoweth, Brad)
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Filing 38
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Aris Murphy. (Attachments: #1 Exhibit Declaration of Aris Murphy)(Chynoweth, Brad)
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Mail Returned as Undeliverable; #32 Order sent to Aris Murphy was returned with the following notation: "Return to Sender, Not Deliverable as Addressed, Unable to Forward". (No PDF attached to this entry) (amf, )
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Filing 37
Case reassigned to Chief Judge Emily C. Marks. Honorable Judge Kelly F. Pate no longer assigned to the case as presiding judge. (dmn, )
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Motions No Longer Referred due to case reassignment: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #36 MOTION , #22 MOTION to Dismiss Plaintiff's Complaint, #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (dmn, ) (no pdf)
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Filing 36
UNOPPOSED MOTION to Set Briefing Schedule on Motions to Dismiss (Docs. #17 , #22 ) by Dale McDowell. (Segrest, John) Modified on 12/17/2020 to reflect actual title and create link. (dmn, )
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Filing 35
ORDER granting #33 Unopposed Motion for Leave to File Response Out of Time; Dft Murphy's response to the Complaint is due by 1/5/2021. Signed by Honorable Judge Kelly F. Pate on 12/16/2020. (wcl, )
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***Attorney Kayla Michelle Wunderlich added for Aris Murphy. (see Doc. [33 for pdf)(dmn, )
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Filing 34
Corporate/Conflict Disclosure Statement by Aris Murphy. (Chynoweth, Brad)
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Filing 33
Consent MOTION for Leave to File Response to Complaint Out of Time by Aris Murphy. (Chynoweth, Brad)
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Filing 32
ORDER: Upon consideration of the Motion to Withdraw (Doc. #29 ) filed by Attorneys C. Richard Hill, Ashley H. Freeman, and Blake E. Brookshire requesting to be withdrawn as counsel for Defendant Randy Moore, it is ORDERED that the motion is GRANTED. Signed by Honorable Judge Kelly F. Pate on 12/8/2020. (dmn, )
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*** Attorney Charles Richard Hill, Jr; Blake Edward Brookshire and Ashley Hawkins Freeman terminated pursuant to Court #32 Order. (dmn, ) (no pdf)
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Filing 31
ORDER:Before the Court is Plaintiff's Motion for Extension of Time (Doc. #30 ). Upon consideration of the motion, it is ORDERED that the motion is GRANTED. Signed by Honorable Judge Kelly F. Pate on 12/7/2020. (dmn, )
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Filing 30
MOTION for Extension of Time to Respond to Defendant Moore's #16 Motion to Dismiss re #20 Order to Show Cause, by Dale McDowell. (Segrest, John) Modified on 12/7/2020 to create link and reflect actual title. (dmn, )
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***Attorney Kevin W. R. Bufford added for Angela Price,Joshua Jonathan Jackson, and Kevin W. R. Bufford added for James Michael Price. (dmn, ) (see Doc. #27 and #28 for pdfs) Modified on 12/9/2020 to include additional link and remove text, "Kevin W. R. Bufford added for James Earl Price." Defendant name listed inadvertently under attorney's signature. Attorneys deleted from docket as representing James Michael Price. (dmn, )
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Filing 29
MOTION to Withdraw as Attorney by David Cofield, Randolph County, Alabama, Bernard Sheppard, The Randolph County Commission. (Hill, Charles)
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Filing 28
Corporate/Conflict Disclosure Statement by Angela Price, James Earl Price. (Jackson, Joshua)
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Filing 27
ANSWER to #1 Complaint, by Angela Price, James Earl Price.(Jackson, Joshua)
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Filing 26
Alias Summons issued as to James Michael Price; Mailed by CMRRR with copy of #1 Complaint. (amf, )
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Filing 25
Case reassigned to Honorable Judge Kelly F. Pate. Honorable Judge Jerusha T. Adams no longer assigned to the case as presiding judge. (dmn, )
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Filing 24
Corporate/Conflict Disclosure Statement by Randy Moore. (Stubbs, Charles)
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***Attorney Ashley Hawkins Freeman, and Blake Edward Brookshire added for David Cofield, Randy Moore, Randolph County, Alabama, Bernard Sheppard, The Randolph County Commission. (dmn, ) (see Doc. #22 for pdf)
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Filing 23
BRIEF/MEMORANDUM in Support re #22 MOTION to Dismiss Plaintiff's #1 Complaint filed by David Cofield, Randy Moore, Randolph County, Alabama, Bernard Sheppard, The Randolph County Commission. (Hill, Charles) Modified on 11/25/2020 to create link. (dmn, )
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Filing 22
MOTION to Dismiss Plaintiff's #1 Complaint by David Cofield, Randy Moore, Randolph County, Alabama, Bernard Sheppard, The Randolph County Commission. (Hill, Charles) Modified on 11/25/2020 to create link. (dmn, )
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Filing 21
NOTICE of Assignment to Magistrate Judge sent to counsel for Defendants Joyce Adams, Lisa Burdette, Randy Moore. (dmn, )
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Filing 20
ORDER: Before the court is Defendant Randy Moore's Motion to Dismiss (Doc. No. #16 ) filed on 11/20/2020. Therefore, it is ORDERED that on or before 12/8/2020, the plaintiff shall SHOW CAUSE in writing why the motion to dismiss filed by the defendant should not be granted. The defendant shall file a reply on or before 12/15/2020. Signed by Honorable Judge Jerusha T. Adams on 11/24/2020. (dmn, )
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Filing 19
Corporate/Conflict Disclosure Statement by Joyce Adams, Lisa Burdette. (Chynoweth, Brad)
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Filing 18
BRIEF/MEMORANDUM in Support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joyce Adams, Lisa Burdette. (Chynoweth, Brad)
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Filing 17
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joyce Adams, Lisa Burdette. (Attachments: #1 Exhibit 1 - SJIS Case Detail Sheet - SM 2008-497, #2 Exhibit 2 - Certified copy of Small Claims Clerk's File)(Chynoweth, Brad)
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***Attorney Kayla Michelle Wunderlich added for Joyce Adams, and Lisa Burdette. (dmn, ) (no pdf, see Doc. #17 for pdf)
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BRIEF/MEMORANDUM in Support of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Randy Moore. (dmn, ) (no pdf, see Doc. #16 , Attachment 1 for pdf)
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Filing 16
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Randy Moore. (Attachments: #1 Brief in Support of Motion to Dismiss)(Stubbs, Charles)
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Filing 15
Summons Returned Unexecuted as to James Michael Price with the following notation: "Mr. Price moved to Florida". (Segrest, John) Modified on 11/4/2020 to add the notation (amf, ).
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Filing 14
SUMMONS Returned Executed by Dale McDowell; Bernard Sheppard served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 13
SUMMONS Returned Executed by Dale McDowell; The Randolph County Commission served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 12
SUMMONS Returned Executed by Dale McDowell; Randolph County, Alabama served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 11
SUMMONS Returned Executed by Dale McDowell; James Earl Price served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 10
SUMMONS Returned Executed by Dale McDowell; Angela Price served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 9
SUMMONS Returned Executed by Dale McDowell; Aris Murphy served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 8
SUMMONS Returned Executed by Dale McDowell; Randy Moore served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 7
SUMMONS Returned Executed by Dale McDowell; David Cofield served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 6
SUMMONS Returned Executed by Dale McDowell; Lisa Burdette served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 5
SUMMONS Returned Executed by Dale McDowell; Joyce Adams served on 11/3/2020, answer due 11/24/2020. (Segrest, John)
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Filing 4
Summons Issued as to Randolph County, Alabama, The Randolph County Commission, David Cofield, Bernard Sheppard, Randy Moore, Aris Murphy, Angela Price, James Earl Price, James Michael Price, Joyce Adams, & Lisa Burdette; Returned to counsel for personal service by process server.(amf, )
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Filing 3
Corporate/Conflict Disclosure Statement by Dale McDowell. (Segrest, John)
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Filing 2
NOTICE of Assignment to Magistrate Judge sent to counsel for Plaintiff Dale McDowell. (dmn, )
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Filing 1
COMPLAINT against Joyce Adams, Lisa Burdette, David Cofield, Randy Moore, Aris Murphy, Angela Price, James Michael Price, James Earl Price, Randolph County, Alabama, Bernard Sheppard, The Randolph County Commission ( Filing fee $ 400.00 receipt number 4602059845.), filed by Dale McDowell. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(dmn, ) Modified on 10/22/2020 to reflect as also filed against Defendant The Randolph County Commission (amf, ).
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DEMAND for Trial by Jury by Dale McDowell. (dmn, ) (no pdf, see Doc. #1 for pdf)
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