United States of America v. Housing Authority of Ashland Alabama et al
| United States of America |
| Southern Development Company of Ashland LTD, Housing Authority of Ashland Alabama, Southern Development Company LLC and Southern Development Company of Ashland #2 LTD |
| 1:2020cv01905 |
| December 1, 2020 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.
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Filing 81
CONSENT DECREE w/appendix attached. Signed by Judge Annemarie Carney Axon on 12/13/2022. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F, #7 Appendix G, #8 Appendix H)(KSS)
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Filing 80
Joint MOTION to Approve Consent Judgment for Entry of Consent Decree by United States of America. (Attachments: #1 Text of Proposed Order Proposed Consent Decree, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Appendix E, #7 Appendix F, #8 Appendix G, #9 Appendix H)(Legomsky, Kathryn)
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Filing 79
TEXT ORDER Granting the parties' #78 joint motion to extend the dispositive motion deadline. Dispositive motions shall be filed on or before December 14, 2022. Signed by Judge Annemarie Carney Axon on 11/15/2022. (KSS)
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Filing 78
STATUS REPORT Following Mediation and Motion to Extend (or Stay) Deadlines by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. filed by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD (Moon, Stacy)
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MOTION to Extend or Stay Deadlines filed within Joint Status Report doc. #78 . (KSS) Modified on 11/15/2022 (KSS, ).
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Filing 77
TEXT ORDER Granting the United States' #76 Unopposed Motion Regarding the Presence of a United States Assistant Attorney General at Mediation. The United States is released from any obligation to bring a Department of Justice official with final settlement authority to mediation. Signed by Judge Annemarie Carney Axon on 10/24/2022. (KSS)
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Filing 76
Unopposed MOTION to clarify regarding presence of US Assistant Attorney General at mediation by United States of America. (Legomsky, Kathryn)
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Filing 75
MOTION for Protective Order by AltaPointe Health Systems, Inc.. (Attachments: #1 Exhibit A - Subpoena)(Proctor, John)
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Filing 74
Transcript of Proceedings - Motion Hearing held on 10/7/2022, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Lauren Shirley. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/4/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/12/2023. (KAM)
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Filing 73
TEXT ORDER: As discussed in the hearing conducted on October 7, 2022, the court extends the discovery deadline through October 21, 2022. The court grants permission for the deposition of the one expert witness discussed at the end of hearing to be taken through October 26, 2022, if necessary. The court DENIES as MOOT Defendant Housing Authority of Ashland, Alabama's #65 motion for leave to file a motion for extension of defendants' expert disclosure deadline and dispositive motion deadline and the parties' #69 joint motion to take depositions after the discovery cutoff. Signed by Judge Annemarie Carney Axon on 10/11/2022. (KSS)
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Minute Entry for proceedings held before Judge Annemarie Carney Axon: Motion Hearing held on 10/7/2022 re #65 MOTION for Leave to File Motion for Extension of Expert and Dispositive Motion Deadlines and #69 Joint MOTION To Take Depositions After the Discovery Cutoff. Present: Carla Ward, Nathan Shulock, Stacy Moon, Richard Lewis, and (via Zoom) Brandi Frederick. (Court Reporter Lauren Shirley) (SAC)
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Filing 72
AMENDED AFFIDAVIT of Nathan Shulock re #71 Status Report, by United States of America. filed by United States of America (Legomsky, Kathryn)
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Filing 71
STATUS REPORT and AFFIDAVIT by United States of America. filed by United States of America (Attachments: #1 Exhibit A: Aug. 12 email, #2 Exhibit B: Aug. 23 email, #3 Exhibit C: Sept. 1 email & letter, #4 Exhibit D: Sept. 19 email & notice, #5 Exhibit E: Shulock affidavit & attachments)(Legomsky, Kathryn).
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Filing 70
ORDER the court made it very clear that it would not extend any deadlines in this case in the absence of extraordinary circumstances; the court will allow the parties the opportunity to supplement their responses to the Court at a Hearing set for 10/7/2022 10:00 AM before Judge Annemarie Carney Axon by providing the in formation set out within this order; the parties shall provide a copy of Mr. Odoms complete deposition to the court by email not later than 3:00 P.M. today. Signed by Judge Annemarie Carney Axon on 10/6/2022. (KAM)
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Filing 69
Joint MOTION To Take Depositions After the Discovery Cutoff by Housing Authority of Ashland Alabama. (Frederick, Brandi)
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Filing 68
MEDIATION ORDER - The mediation shall be completed on or before November 14, 2022. Within seven days following mediation, the parties shall file a report with court as set out within. Signed by Judge Annemarie Carney Axon on 9/16/22. (SAC)
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Filing 67
STATUS REPORT of the Parties by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. filed by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD (Moon, Stacy)
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Filing 66
RESPONSE to Motion re #65 MOTION for Leave to File Motion for Extension of Expert and Dispositive Motion Deadlines filed by United States of America. (Shulock, Nathan)
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Filing 65
MOTION for Leave to File Motion for Extension of Expert and Dispositive Motion Deadlines by Housing Authority of Ashland Alabama. (Attachments: #1 Exhibit 1 - Deposition Excerpts, #2 Exhibit 2 - USA's Supplemental Disclosures)(Frederick, Brandi)
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Filing 64
TEXT ORDER denying as moot the parties' #63 joint motion to increase number of depositions. The parties do not need to seek leave of the court to take more depositions. See F.R.C.P. 29, 30(a). Signed by Judge Annemarie Carney Axon on 8/24/2022. (KAM)
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Filing 63
Joint MOTION for Discovery to increase number of depositions by United States of America. (Legomsky, Kathryn)
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Filing 62
NOTICE of Appearance by Willistine Tarsha Harris on behalf of United States of America (Harris, Willistine)
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Filing 61
Transcript of Motion Hearing held on 6/16/2022, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Lauren Shirley. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/28/2022. Redacted Transcript Deadline set for 8/7/2022. Release of Transcript Restriction set for 10/5/2022. (KEK)
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Filing 60
TEXT ORDER granting United States' motion #59 to substitute attorney Aurora Bryant for attorney Sara Niles as counsel for the United States. Attorney Sara Niles terminated. Signed by Judge Annemarie Carney Axon on 7/1/2022. (KEK)
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Filing 59
MOTION to Substitute Attorney Aurora Bryant for Sara Niles by United States of America. (Bryant, Aurora)
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Filing 58
MEMORANDUM OPINION AND ORDER re #52 - Therefore, the court GRANTS AHA's motion to compel responses to RFP 17. The United States must provide AHA with the materials requested in RFP 17 on or before July 18, 2022. Signed by Judge Annemarie Carney Axon on 6/27/2022. (KEK)
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Minute Entry for proceedings held before Judge Annemarie Carney Axon: Motion Hearing held on 6/16/2022 re #52 MOTION to Compel filed by Housing Authority of Ashland Alabama. Discussions as stated on the record. Written order to follow. (Court Reporter Lauren Shirley.) (FNC)
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Filing 57
ORDER - On May 26, 2022, Defendant Housing Authority of Ashland Alabama filed a motion to compel discovery responses from Plaintiff United States of America. (Doc. #52 ). The court SETS the motion for a hearing at 1:30 p.m. CDT on June 16, 2022 in Courtroom 6B, Hugo L. Black United States Courthouse, 1729 5th Ave. N., Birmingham, AL 35203. In addition to other counsel for the United States who wish to attend the hearing, the court DIRECTS Attorney Kathryn E. Legomsky to be present. Signed by Judge Annemarie Carney Axon on 6/9/2022. (KEK)
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Filing 56
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 6/8/22. (SAC)
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Filing 55
RESPONSE in Opposition re #52 MOTION to Compel filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ward, Carla)
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Filing 54
TEXT ORDER: The court GRANTS #53 Plaintiff United States of America's motion for an extension of time to respond to Defendant's motion to compel. Plaintiff's response is due on or before June 7, 2022. Signed by Judge Annemarie Carney Axon on 5/31/2022. (KEK)
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Filing 53
MOTION for Extension of Time to Respond to Motion to Compel by Housing Authority of Ashland Alabama by United States of America. (Ward, Carla)
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Filing 52
MOTION to Compel by Housing Authority of Ashland Alabama. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Frederick, Brandi)
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Filing 51
TEXT ORDER: The court GRANTS Defendant Housing Authority of Ashland Alabama's #50 motion for leave to file a motion to compel. The Defendant must file its motion on or before May 31, 2022. Signed by Judge Annemarie Carney Axon on 5/26/2022. (KEK)
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Filing 50
MOTION for Leave to File Motion to Compel by Housing Authority of Ashland Alabama. (Attachments: #1 Exhibit EXH 1, #2 Exhibit EXH 2, #3 Exhibit EXH 3, #4 Exhibit EXH 4, #5 Exhibit EXH 5)(Frederick, Brandi)
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Filing 49
ORDER - AHA has failed to show good cause in support of its motion for a protective order. Accordingly, the court DENIES AHA's motion for a protective order. Signed by Judge Annemarie Carney Axon on 3/28/2022. (KEK)
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Filing 48
REPLY to Response to Motion re #45 MOTION for Protective Order filed by Housing Authority of Ashland Alabama. (Lewis, Richard)
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Filing 47
RESPONSE in Opposition re #45 MOTION for Protective Order filed by United States of America. (Attachments: #1 Exhibit 1: Walcott-Taylor Declaration, #2 Exhibit 2: Correspondence between counsel)(Legomsky, Kathryn)
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Filing 46
TEXT ORDER re #45 Motion for Protective Order. The government's response is due on or before March 18, 2022. Signed by Judge Annemarie Carney Axon on 3/11/2022. (KEK)
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Filing 45
MOTION for Protective Order by Housing Authority of Ashland Alabama. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Frederick, Brandi)
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Filing 44
AMENDED SCHEDULING ORDER: The court GRANTS IN PART the parties' joint motion to extend remaining deadlines #43 . The court's initial scheduling order took into account the unique circumstances presented in this case and granted the parties a full year to complete discovery. (Doc. 32 at 2). Accordingly, the court will extend the remaining deadlines in this case by only three months. The new deadlines are set as follows: Expert Testimony from plaintiff due by 6/15/22 - from defendant due 8/16/22; Discovery due by 10/17/2022; Dispositive Motions due by 11/30/2022; Joint Status Report due by 9/16/2022. The parties shall be ready for trial in July 2023 to be scheduled by separate order. No further extensions will be granted in this action absent extraordinary circumstances. Signed by Judge Annemarie Carney Axon on 3/4/22. (SAC)
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Filing 43
Joint MOTION for Extension of Time to Extend Unexpired Deadlines by United States of America. (Ward, Carla)
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Filing 42
NOTICE of Appearance by Jeremy W Richter on behalf of Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD (Richter, Jeremy)
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Filing 41
NOTICE of Appearance by Nathan Shulock on behalf of United States of America (Shulock, Nathan)
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Filing 40
ORDER GOVERNING THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION - Pursuant to this court granting Plaintiff United States of America's ("United States") cross-motion for entry of an order governing discovery in this case (doc. #38 , 39 ), the court enters the following order governing the production of documents and electronically stored information. Signed by Judge Annemarie Carney Axon on 10/5/2021. (KEK)
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Filing 39
TEXT ORDER: The court DENIES Defendants' #36 motion for entry of order governing the production of documents and electronically stored information. The court GRANTS Plaintiff United States' #38 cross-motion for entry of order governing the production of documents and electronically stored information. The court will enter a separate order governing the production of documents and electronically stored information. Signed by Judge Annemarie Carney Axon on 10/4/2021. (KEK)
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Filing 38
CROSS-MOTION RESPONSE in Opposition re #36 MOTION Entry of Order Governing the Production of Documents and Electronically Stored Information UNITED STATES CROSS-MOTION AND OPPOSITION TO DEFENDANTS MOTION FOR ENTRY OF PROPOSED ORDER FOR THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION (ESI) filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ward, Carla) Modified on 9/24/2021 (KEK).
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Filing 37
TEXT ORDER re #36 MOTION for Entry of Order Governing the Production of Documents and Electronically Stored Information filed by Housing Authority of Ashland Alabama the government's response is due on or before September 29, 2021. Signed by Judge Annemarie Carney Axon on 9/22/2021. (KEK)
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Filing 36
MOTION Entry of Order Governing the Production of Documents and Electronically Stored Information by Housing Authority of Ashland Alabama. (Attachments: #1 Exhibit 1)(Frederick, Brandi)
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Filing 35
STIPULATION AND PROTECTIVE ORDER REGARDING DISCLOSURE OF CONFIDENTIAL MATERIAL. Signed by Judge Annemarie Carney Axon on 8/25/21. (SAC)
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Filing 34
Joint MOTION for Protective Order by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. (Attachments: #1 Text of Proposed Order Stipulation and Protective Order Regarding Disclosure of Confidential Material)(Moon, Stacy)
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Filing 33
JOINT NOTICE RE: FILING OF PROPOSED STIPULATION GOVERNING PRODUCTION OF ELECTRICALLY STORED INFORMATION (ESI) AND PROPOSED PROTECTIVE ORDER by United States of America, Housing Authority of Ashland Alabama, Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Development Company of Ashland LTD (Ward, Carla) Modified docket text and added filers on 7/28/2021 (MRR, ).
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Filing 32
SCHEDULING ORDER governing further proceedings in this action unless modified for good cause shown - Discovery due by 7/15/2022; Dispositive Motions due by 8/31/2022; Joint Status Report due by 6/17/2022. The parties shall be ready for trial in April 2023 to be scheduled by separate order. Signed by Judge Annemarie Carney Axon on 7/8/21. (SAC)
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Filing 31
REPORT of Rule 26(f) Planning Meeting. (Ward, Carla)
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Filing 30
ANSWER to #9 Amended Complaint by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD.(Moon, Stacy)
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Filing 29
Ashland Housing Authority's ANSWER to #9 Amended Complaint by Housing Authority of Ashland Alabama.(Lewis, Richard)
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Filing 28
MEMORANDUM OPINION AND ORDER - The court DENIES the Defendants' motions to dismiss and for a more definite statement (docs. #11 , #12 ) and DENIES the Housing Authority's motion for sanctions and fees (doc. #23 ). Signed by Judge Annemarie Carney Axon on 5/12/2021. (KEK)
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Filing 27
REPLY to re #26 The United States' Opposition to Motion for Sanctions filed by Housing Authority of Ashland Alabama. (Frederick, Brandi)
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Filing 26
RESPONSE in Opposition re #23 MOTION for Sanctions and Fees filed by United States of America. (Legomsky, Kathryn)
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Filing 25
TEXT ORDER: The court GRANTS Defendants Southern Development Company of Ashland, Ltd., Southern Development Company of Ashland #2, Ltd., and Southern Development Company, LLC's, unopposed motion to stay discovery in this case. (Doc. #20 ). Accordingly, the court STAYS all deadlines in this case pending a ruling on Defendants' motions to dismiss. (Docs. #11 , #12 ). Signed by Judge Annemarie Carney Axon on 3/3/2021. (KEK)
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Filing 24
TEXT ORDER re #23 MOTION for Sanctions and Fees filed by Housing Authority of Ashland Alabama - The government's response is due on or before March 17, 2021; a reply, if any, is due on or before March 24, 2021. Signed by Judge Annemarie Carney Axon on 3/3/21. (SAC)
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Filing 23
MOTION for Sanctions and Fees by Housing Authority of Ashland Alabama. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Lewis, Richard)
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Filing 22
REPLY to Response to Motion re #11 MOTION to Dismiss or, Alternatively for More Definite Statement filed by Housing Authority of Ashland Alabama. (Frederick, Brandi)
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Filing 21
REPLY to Response to Motion re #12 MOTION to Dismiss , or in the Alternative, Motion for More Definite Statement filed by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. (Moon, Stacy)
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Filing 20
MOTION to Stay Discovery Obligations by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. (Moon, Stacy)
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Filing 19
RESPONSE in Opposition re #12 MOTION to Dismiss , or in the Alternative, Motion for More Definite Statement, #11 MOTION to Dismiss or, Alternatively for More Definite Statement filed by United States of America. (Legomsky, Kathryn)
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Filing 18
Corporate Disclosure Statement by Housing Authority of Ashland Alabama. filed by Housing Authority of Ashland Alabama (Frederick, Brandi)
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Filing 17
Corporate Disclosure Statement by Southern Development Company LLC. filed by Southern Development Company LLC (Moon, Stacy)
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Filing 16
Corporate Disclosure Statement by Southern Development Company of Ashland #2 LTD. filed by Southern Development Company of Ashland #2 LTD (Moon, Stacy)
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Filing 15
Corporate Disclosure Statement by Southern Development Company of Ashland LTD. filed by Southern Development Company of Ashland LTD (Moon, Stacy)
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Filing 14
TEXT ORDER re #12 Motion to Dismiss, or in the Alternative, Motion for More Definite Statement, filed by Southern Development Company of Ashland LTD, Southern Development Company LLC & Southern Development Company of Ashland #2 LTD - The government's response is due on or before February 23, 2021; a reply, if any, is due on or before March 2, 2021. Signed by Judge Annemarie Carney Axon on 2/9/21. Signed by Judge Annemarie Carney Axon on 2/9/21. (SAC)
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Filing 13
TEXT ORDER re #11 Motion to Dismiss or, Alternatively for More Definite Statement by Housing Authority of Ashland Alabama - The government's response is due on or before February 23, 2021; a reply, if any, is due on or before March 2, 2021. Signed by Judge Annemarie Carney Axon on 2/9/21. (SAC)
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Filing 12
MOTION to Dismiss , or in the Alternative, Motion for More Definite Statement by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Moon, Stacy)
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Filing 11
MOTION to Dismiss or, Alternatively for More Definite Statement by Housing Authority of Ashland Alabama. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Frederick, Brandi)
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Filing 10
CERTIFICATE OF SERVICE by United States of America re #9 Amended Complaint to all Defendants (Legomsky, Kathryn)
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Filing 9
AMENDED COMPLAINT against All Defendants, filed by United States of America.(Legomsky, Kathryn)
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Filing 8
NOTICE of Appearance by Brandi Branton Frederick on behalf of Housing Authority of Ashland Alabama (Frederick, Brandi)
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Filing 7
ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Housing Authority of Ashland Alabama. (Lewis, Richard)
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Filing 6
WAIVER OF SERVICE Returned Executed by United States of America. Southern Development Company of Ashland #2 LTD waiver sent on 12/1/2020, answer due 1/30/2021. (Niles, Sara)
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Filing 5
WAIVER OF SERVICE Returned Executed by United States of America. Southern Development Company LLC waiver sent on 12/1/2020, answer due 1/30/2021. (Niles, Sara)
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Filing 4
WAIVER OF SERVICE Returned Executed by United States of America. Southern Development Company of Ashland LTD waiver sent on 12/1/2020, answer due 1/30/2021. (Niles, Sara)
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Set/Reset Deadlines: Housing Authority of Ashland Alabama answer due 1/29/2021. (KEK)
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Filing 3
NOTICE of Appearance by Sara L Niles on behalf of United States of America (Niles, Sara)
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Filing 2
NOTICE of Appearance by Kathryn Erena Legomsky on behalf of United States of America (Legomsky, Kathryn)
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Filing 1
COMPLAINT against Housing Authority of Ashland Alabama, Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD, filed by United States of America.(KEK)
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