Gardner v. Samaniego
Plaintiff: Betty Jean Gardner
Defendant: John Samaniego and Evan McKee
Case Number: 2:2018cv01336
Filed: August 20, 2018
Court: US District Court for the Northern District of Alabama
Office: Southern Office
County: Shelby
Presiding Judge: Abdul K Kallon
Referring Judge: John E Ott
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2018 Filing 24 REPLY Brief filed by Defendant John Samaniego re: #20 Amended Complaint, #5 MOTION to Dismiss filed by John Samaniego. (Owens, J)
October 11, 2018 Filing 23 The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Abdul K. Kallon (KAM)
October 9, 2018 Filing 21 NOTICE that the telephone conference set for 10/17/18 is cancelled. (BST, )
October 5, 2018 Filing 22 Summons Returned Unexecuted by Betty Jean Gardner as to Evan McKee. (KAM)
October 4, 2018 Filing 20 AMENDED COMPLAINT Second against All Defendants, filed by Betty Jean Gardner.(Sherrod, Henry)
October 4, 2018 Opinion or Order Filing 19 TEXT ORDER granting #17 Plaintiff's Motion for Leave to File Amended Complaint. Plaintiff shall file the Amended Complaint by October 9, 2018. Signed by Magistrate Judge John E. Ott on 10/4/2018. (SJB)
October 4, 2018 Opinion or Order Filing 18 TEXT ORDER granting #16 Unopposed Motion for Extension of Time. Reply shall now be due 10/18/2018. Signed by Magistrate Judge John E. Ott on 10/4/2018.(SJB)
October 3, 2018 Filing 17 MOTION for Leave to File Second Amended Complaint by Betty Jean Gardner. (Attachments: #1 Second Amended Complaint)(Sherrod, Henry)
October 3, 2018 Filing 16 MOTION for Extension of Time Motion is RIPE 10/3/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by John Samaniego. (Arnold, Joshua)
September 27, 2018 Filing 15 Summons Issued as to Evan McKee mailed certified mail (KAM)
September 24, 2018 Opinion or Order Filing 14 ORDER the parties are reminded that this case will be reassigned to a district judge after 11/1/2018 unless they unanimously consent to the jurisdiction of the undersigned magistrate; Telephone Conference set for 10/17/2018 3:00 PM before Magistrate Judge John E Ott; parties call as directed; if all parties submit an executed consent before 10/18/2018, the telephone conference will be cancelled. Signed by Magistrate Judge John E Ott on 9/24/2018. (KAM)
September 24, 2018 Opinion or Order Filing 13 ORDER regarding compliance with Rule 26; Signed by Magistrate Judge John E Ott on 9/24/2018. (BST, )
September 19, 2018 Filing 12 AMENDED COMPLAINT First against All Defendants, filed by Betty Jean Gardner.(Sherrod, Henry)
September 18, 2018 Opinion or Order Filing 11 TEXT ORDER granting #10 Plaintiff's Motion for Leave to File Amended Complaint. Plaintiff shall file the Amended Complaint by 9/21/2018. Plaintiff states that the only substantive difference between the original complaint and the proposed amendment is that the latter identifies a named individual for a "John Doe" defendant. As such, the court advises that it will consider the arguments raised in #5 Defendant Samaniego's pending motion to dismiss as they would apply to the amendment. Signed by Magistrate Judge John E. Ott on 9/18/2018. (SJB)
September 18, 2018 Filing 10 MOTION for Leave to File First Amended Complaint by Betty Jean Gardner. (Attachments: #1 First Amended Complaint)(Sherrod, Henry)
September 18, 2018 Filing 9 RESPONSE to Motion re #5 MOTION to Dismiss filed by Betty Jean Gardner. (Sherrod, Henry)
September 17, 2018 Opinion or Order Filing 8 TEXT SUBMISSION ORDER re #5 MOTION to Dismiss filed by Defendant John Samaniego. Plaintiff shall file any opposition or other response to the motion to dismiss by 10/1/2018; Defendant may reply by 10/8/18. Signed by Magistrate Judge John E. Ott on 9/17/2018. (SJB)
September 17, 2018 Filing 7 NOTICE of Appearance by Frank Corley Ellis, Jr on behalf of John Samaniego (Ellis, Frank)
September 17, 2018 Filing 6 NOTICE of Appearance by Joshua D Arnold on behalf of John Samaniego (Arnold, Joshua)
September 17, 2018 Filing 5 MOTION to Dismiss by John Samaniego. (Owens, J)
August 29, 2018 Filing 4 SUMMONS Returned Executed by Betty Jean Gardner. John Samaniego served on 8/27/2018, answer due 9/17/2018. (KAM)
August 23, 2018 Filing 3 Summons Issued as to John Samaniego mailed certified mail (KAM)
August 20, 2018 Filing 2 Request for service by certified mail filed by Betty Jean Gardner. (KAM)
August 20, 2018 Filing 1 COMPLAINT against John Samaniego, filed by Betty Jean Gardner.(KAM)
August 20, 2018 Filing Fee: Filing fee $ 400, receipt_number 1126-3156169. related document #1 COMPLAINT against John Samaniego, filed by Betty Jean Gardner.(KAM). (Sherrod, Henry)NDAL rec# B4602092447 Modified on 9/5/2018 (KAM, ).

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Defendant: John Samaniego
Represented By: Frank Corley Ellis, Jr
Represented By: Joshua D Arnold
Represented By: J Bentley Owens, III
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Defendant: Evan McKee
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Plaintiff: Betty Jean Gardner
Represented By: Henry F Sherrod, III
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