TD Development, LLC v. City of Auburn, Alabama et al
Plaintiff: TD Development, LLC
Defendant: Steven Dixon, Connie Fitch, Jay Hovey, Tommy Dawson, Brett Smith, Beth Whitten, Bob Parsons, Ron Anders, Jr., City of Auburn, Alabama and Kelley Griswold
Case Number: 3:2021cv00296
Filed: April 21, 2021
Court: US District Court for the Middle District of Alabama
Presiding Judge: Emily C Marks
Referring Judge: Kelly F Pate
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2021 Opinion or Order Filing 19 ORDER: Upon consideration of the #18 Stipulation of Dismissal, which comports with FRCP 41(a)(1)(A)(ii), this action has been dismissed without prejudice by operation of Rule 41; The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge Emily C. Marks on 9/20/2021. (bes, )
September 17, 2021 Filing 18 Joint STIPULATION of Dismissal by TD Development, LLC, Ron Anders, Jr, City of Auburn, Alabama, Tommy Dawson, Steven Dixon, Connie Fitch, Kelley Griswold, Jay Hovey, Bob Parsons, Brett Smith, Beth Whitten. (Hodge, Mark) Modified on 9/20/2021 to clarify the docket text and to add the Dfts as filers (bes, ).
September 10, 2021 Opinion or Order Filing 17 ORDER: it is ORDERED that the Plf's #11 motion for leave to file first amended complaint is GRANTED; The Plf shall file the amended complaint on or before 9/17/2021. Signed by Chief Judge Emily C. Marks on 9/10/2021. (bes, )
June 15, 2021 Filing 16 REPLY to Response to Motion re #12 MOTION to Remand to State Court filed by TD Development, LLC. (Hodge, Mark)
June 8, 2021 Filing 15 RESPONSE in Opposition re #12 MOTION to Remand to State Court filed by Ron Anders, Jr, City of Auburn, Alabama, Tommy Dawson, Steven Dixon, Connie Fitch, Kelley Griswold, Jay Hovey, Bob Parsons, Brett Smith, Beth Whitten. (Everhardt, Brad)
May 25, 2021 Opinion or Order Filing 14 ORDER TO SHOW CAUSE, by the Dfts, as to why the #11 Motion for Leave to File First Amended Complaint and #12 Motion to Remand should not be granted; Show Cause Response due by 6/8/2021; The Plf may file replies to the Dfts' responses on or before 6/15/2021. Signed by Chief Judge Emily C. Marks on 5/25/2021. (bes, )
May 21, 2021 Filing 13 BRIEF/MEMORANDUM in Support of Plaintiff's Motion to Remand filed by TD Development, LLC. (Hodge, Mark)
May 21, 2021 Filing 12 MOTION to Remand to State Court by TD Development, LLC. (Hodge, Mark)
May 21, 2021 Filing 11 MOTION for Leave to File to File First Amended Complaint by TD Development, LLC. (Hodge, Mark) Modified on 5/21/2021 to reflect that Exhibit 1-proposed amended complaint is within main document (bes, ). (Main Document 11 replaced on 5/24/2021 to remove ability to edit pages within PDF document) (bes, ). Modified on 5/24/2021 (bes, ).
May 21, 2021 Filing 10 Corporate/Conflict Disclosure Statement by TD Development, LLC. (Hodge, Mark)
May 20, 2021 Filing 9 Case reassigned to Chief Judge Emily C. Marks as presiding judge and Honorable Judge Kelly F. Pate as referral judge; Honorable Judge Kelly F. Pate no longer assigned to the case as presiding judge. (bes, )
May 20, 2021 Motions No Longer Referred: #6 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (No PDF attached to this entry) (bes, )
April 29, 2021 Opinion or Order Filing 8 ORDER TO SHOW CAUSE, by the PLF, as to why the #6 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim should not be granted; Show Cause Response from the PLF due by 5/13/2021; Dfts may file a reply by 5/20/2021; Counsel for the parties are DIRECTED to complete the appropriate attached form and send it to the Clerk of the Court by 5/20/2021; Do NOT electronically file the consent form nor the reassignment form into the record. Signed by Honorable Judge Kelly F. Pate on 4/29/2021. (bes, )
April 29, 2021 Opinion or Order Filing 7 TEXT ORDER granting #4 Motion for Leave to Appear Pro Hac Vice Attorney Mark W. Hodge. Signed by Honorable Judge Kelly F. Pate on 4/29/2021. (No PDF attached to this entry) (bes, )
April 28, 2021 Filing 6 MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ron Anders, Jr, Tommy Dawson, Steven Dixon, Connie Fitch, Kelley Griswold, Jay Hovey, Bob Parsons, Brett Smith, Beth Whitten. (Everhardt, Brad)
April 28, 2021 Filing 5 ANSWER to Complaint, by City of Auburn, Alabama.(Everhardt, Brad)
April 27, 2021 Filing 4 Motion to Appear Pro Hac Vice for Attorney Mark W. Hodge ( Filing fee $ 75.00 receipt number 4602063111.) by TD Development, LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order, #3 Receipt)(bes, )
April 27, 2021 ***PURSUANT TO THE #4 MOTION - Attorney Mark W Hodge for TD Development, LLC added. (No PDF attached to this entry) (bes, )
April 23, 2021 Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for (All Parties) Ron Anders, Jr, City of Auburn, Alabama, Tommy Dawson, Steven Dixon, Connie Fitch, Kelley Griswold, Jay Hovey, Bob Parsons, Brett Smith, TD Development, LLC, Beth Whitten. (bes, )
April 21, 2021 Filing 2 Corporate/Conflict Disclosure Statement by Ron Anders, Jr, City of Auburn, Alabama, Tommy Dawson, Steven Dixon, Connie Fitch, Kelley Griswold, Jay Hovey, Bob Parsons, Brett Smith, Beth Whitten. (bes, )
April 21, 2021 Filing 1 NOTICE OF REMOVAL by Ron Anders, Jr, City of Auburn, Alabama, Tommy Dawson, Steven Dixon, Connie Fitch, Kelley Griswold, Jay Hovey, Bob Parsons, Brett Smith, Beth Whitten from Circuit Court of Lee County, Alabama, case number 43-cv-21-900088.00. ( Filing fee $ 402.00 receipt number 4602063067) (Attachments: #1 State Court Complaint, #2 Exhibit A - State Court Record, #3 Civil Cover Sheet, #4 Receipt)(bes, )
April 21, 2021 COMPLAINT against Ron Anders, Jr, City of Auburn, Alabama, Tommy Dawson, Steven Dixon, Connie Fitch, Kelley Griswold, Jay Hovey, Bob Parsons, Brett Smith, Beth Whitten, filed by TD Development, LLC. (No PDF attached to this entry - See doc #1 for PDF)(bes, )
April 21, 2021 DEMAND for Trial by Jury by TD Development, LLC. (No PDF attached to this entry - See doc #1 for PDF) (bes, )

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Defendant: Steven Dixon
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: Connie Fitch
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: Jay Hovey
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: Tommy Dawson
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: Brett Smith
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: Beth Whitten
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: Bob Parsons
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: Ron Anders, Jr.
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: City of Auburn, Alabama
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Defendant: Kelley Griswold
Represented By: Brad Anthony Everhardt
Represented By: Randall C. Morgan
Represented By: Patrick Christopher Davidson
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Plaintiff: TD Development, LLC
Represented By: Raymond Lewis Jackson, Jr.
Represented By: Mark Wilson Hodge
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