Blevins et al v. Nelson et al
Plaintiff: Delores Blevins and Horace Blevins, Jr.
Defendant: Bobby H Nelson, IRA Innovation LLC and Trussville Redevelopment Authority LLC
Case Number: 2:2019cv01502
Filed: September 9, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: John H England
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42:12117ad
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2019 Opinion or Order Filing 15 ORDER - The court finds that this case does not present a federal question, and accordingly this court does not have subject matter jurisdiction over it. Accordingly, the court GRANTS the motion to remand the case and REMANDS the case to the Circuit Court of Jefferson County, Alabama. The court DIRECTS the Clerk of Court to follow usual procedures to remand this case. In addition to the motion to remand, the Blevinses also move for an award of $3,000 in attorneys' fees. (Doc. #6 at 9). 28 U.S.C. 1447(c) authorizes the court to award attorneys' fees, but only where the removing party lacked an objectively reasonable basis for removal. Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005). Defendants did not lack an objectively reasonable basis for removal; accordingly, the court DENIES the motion for attorneys' fees. Signed by Judge Annemarie Carney Axon on 10/1/2019. (KEK)
October 1, 2019 Filing 14 NOTICE OF REASSIGNMENT - 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 Annemarie Carney Axon. The telephone conference set for October 15, 2019 is CANCELLED. Please use case number 2:19-cv-1502-ACA on all subsequent pleadings. (KEK)
September 27, 2019 Filing 13 RESPONSE to Plaintiffs' Motion to Remand and Opposition to Request for Attorneys' fees filed by IRA Innovation LLC. (Kee, James)
September 26, 2019 Filing 12 ANSWER to Complaint by Trussville Redevelopment Authority LLC.(Hale, Thomas)
September 20, 2019 Filing 11 NOTICE of Appearance by Thomas S Hale on behalf of Trussville Redevelopment Authority LLC (Hale, Thomas)
September 20, 2019 Filing 10 NOTICE of Appearance by W Hill Sewell on behalf of Trussville Redevelopment Authority LLC (Sewell, W)
September 16, 2019 Opinion or Order Filing 9 ORDER Regarding Compliance with Rule 26(f). Signed by Magistrate Judge John H England, III on 9/16/2019. (AFS)
September 16, 2019 Opinion or Order Filing 8 ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than 10/28/2019. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after 10/28/2019. A telephone status conference is hereby SET for 10:00 a.m. on 10/15/2019. The parties are DIRECTED to call 877-873-8017 to access the telephone conference. The access code is 4577302. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge John H England, III on 9/16/2019. (AFS)
September 13, 2019 Opinion or Order Filing 7 TEXT ORDER setting motion deadline for #6 Motion to Remand. Opposition to the motion is due September 27, 2019. Signed by Magistrate Judge John H England, III on 09/13/2019. (CLS2)
September 13, 2019 Filing 6 MOTION and Memorandum of Law to Remand to Circuit Civil Court and for Attorneys Fees and Cost by Delores Blevins, Horace Blevins, Jr. (Spurling, Antonio) M
September 11, 2019 Filing 5 JOINDER and Consent to Removal filed by Trussville Redevelopment Authority LLC. (Hale, Thomas)
September 11, 2019 Filing Fee: $400, receipt_number 1126-3432107 (ALND B4601100560). (Kee, James) Modified on 9/12/2019 (AFS).
September 10, 2019 Filing 4 NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (AFS)
September 10, 2019 Filing 3 ANSWER to Complaint by IRA Innovation LLC.(Knight, Timothy)
September 10, 2019 Filing 2 JOINDER and Conset to Removal re #1 Notice of Removal filed by Bobby H Nelson. (Stewart, Lee)
September 9, 2019 ANSWER to Complaint with Jury Demand by Bobby H Nelson (Deemed filed 8/29/2019 in State Court Page 30 of Exhibit A).(AFS)
September 9, 2019 COMPLAINT against IRA Innovation LLC, Bobby H Nelson, Trussville Redevelopment Authority LLC, filed by Delores Blevins, Horace Blevins, Jr. (Deemed filed in State Court on 8/7/2019 Page 6 of Exhibit A)(AFS)
September 9, 2019 Filing 1 NOTICE OF REMOVAL by IRA Innovation LLC from Circuit Court of Jefferson County, Alabama, case number 01-cv-2019-903543.00., filed by IRA Innovation LLC. (Attachments: #1 Exhibit A)(AFS)

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Plaintiff: Delores Blevins
Represented By: Antonio Delfonjia Spurling
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Plaintiff: Horace Blevins, Jr.
Represented By: Antonio Delfonjia Spurling
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Defendant: Bobby H Nelson
Represented By: Lee H Stewart
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Defendant: IRA Innovation LLC
Represented By: James A Kee, Jr
Represented By: Timothy Wade Knight
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Defendant: Trussville Redevelopment Authority LLC
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