Brumlow v. Brookside, The Town of, Alabama et al
| Victoria G Brumlow |
| Michael Jones and Brookside, The Town of, Alabama |
| 2:2020cv00650 |
| May 8, 2020 |
| US District Court for the Northern District of Alabama |
| Gray M Borden |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 52 MINUTE ENTRY OF STIPULATED DISMISSAL Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties jointly stipulated to the dismissal of all claims in this action WITH PREJUDICE. The parties will bear their own costs and fees.This case is CLOSED at the direction of the Honorable Gray M. Borden. (KAM) |
| Filing 51 STIPULATION of Dismissal Joint by Brookside, The Town of, Alabama, Michael Jones. filed by Brookside, The Town of, Alabama, Michael Jones (Donahue, Timothy) |
Filing 50
TEXT ORDER: The court has been informed that this case has settled. On or before November 17, 2021, the parties are ORDERED to file a joint stipulation of dismissal that complies with Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Local Rules of this court. The #40 #42 Motions for Summary Judgment are DENIED as MOOT. Signed by Magistrate Judge Gray M. Borden on 10/20/2021. (SUH)
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| Minute Entry for proceedings held before Magistrate Judge John H England, III: Settlement Conference held on 10/19/2021. (MRR, ) |
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Filing 49
ORDER Mediation is SET for Tuesday, October 19, 2021, at 09:00 AM before Magistrate Judge John H England III; the position statement and any other materials must be marked "CONFIDENTIAL" and must be submitted to chambers via email by October 4, 2021. Signed by Magistrate Judge John H. England, III on 9/9/2021. (KAM)
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Filing 48
ORDER the parties are ORDERED to confer with each other and propose several dates for mediation in October, November, or December; Counsel must email the undersigneds chambers by September 13, 2021, with the proposed dates. Signed by Magistrate Judge John H England, III on 9/7/2021. (KAM)
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Filing 47
ORDER the parties are ORDERED to confer with each other and propose several dates for mediation. Mediation will likely be conducted via the courts video conferencing system, but counsel and each party (or a representative thereof if the party is an entity) are required to appear via video conference. Counsel must email the undersigneds chambers by September 7, 2021, with the proposed dates.. Signed by Magistrate Judge John H England, III on 8/27/2021. (KAM)
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Filing 46
TEXT ORDER: The order directing the parties to jointly submit mediation dates is CORRECTED to reflect August 27, 2021 as the deadline to submit dates to Judge England's chambers. Signed by Magistrate Judge Gray M. Borden on 08/20/2021. (SUH)
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Filing 45
ORDER- Magistrate Judge John H. England, III has agreed to conduct mediation. The parties are DIRECTED to jointly contact chambers on or before September 27, 2021 via email and provide three dates which counsel and a representative for each party with full settlement authority may be available for mediation. All briefing deadlines related to the cross motions for summary judgment are GENERALLY CONTINUED. Signed by Magistrate Judge Gray M Borden on 8/20/21. (MRR, )
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Filing 44
TEXT ORDER: In light of the cross motions for summary judgment, the court sets the following briefing schedule: Defendants' and Plaintiff's response to the #40 #42 motions for summary judgment are due on or before August 31, 2021. Any reply briefs are due on or before September 14, 2021. The parties are REMINDED of the motion practice requirements set out in the court's #13 initial order. Signed by Magistrate Judge Gray M. Borden on 08/10/2021. (SUH)
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| Filing 43 PRETRIAL MEMORANDUM by Brookside, The Town of, Alabama, Michael Jones. filed by Brookside, The Town of, Alabama, Michael Jones (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Donahue, Timothy) |
| Filing 42 MOTION for Summary Judgment by Brookside, The Town of, Alabama, Michael Jones. (Donahue, Timothy) |
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Filing 41
TEXT ORDER: The parties are reminded of the summary judgment briefing deadlines and motion practice requirements set out in the courts #13 Initial Order. Plaintiff's response to the #40 Motion for Summary Judgment is due on or before August 27, 2021. Defendant's reply is due on or before September 10, 2021. Signed by Magistrate Judge Gray M Borden on 08/06/2021. (SUH)
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| Filing 40 First MOTION for Summary Judgment by Victoria G Brumlow. (Attachments: #1 Appendix, #2 Supplement, #3 Exhibit, #4 Exhibit, #5 Exhibit Chronological Listing of Citations under 32-5-77, May 2019, #6 Exhibit, #7 Supplement Verification of Exhibits B, C,and D, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Woodall, Stephen) |
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Filing 39
TEXT ORDER: The deadline for conducting discovery has passed, and the parties are directed to consider whether they are amenable to mediation of their claims. No later than August 13, 2021, counsel shall email the chambers inbox (borden_chambers@alnd.uscourts.gov), separately and confidentially, stating whether each party wishes to seek resolution through mediation.Signed by Magistrate Judge Gray M. Borden on 07/30/2021. (SUH)
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| Filing 38 NOTICE of Appearance by James Donald Sears on behalf of Victoria G Brumlow (Sears, James) |
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Filing 37
TEXT ORDER: Before the court is the joint #36 Motion to Continue the remaining deadlines in the scheduling order. The court construes this motion as a motion to extend the discovery and dispositive motions deadlines. Construed as such, it is GRANTED. The discovery deadline EXTENDED to July 26, 2020, and the dispositive motion deadline is EXTENDED to August 9, 2021.Signed by Magistrate Judge Gray M. Borden on 06/15/2021. (SUH)
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| Filing 36 Joint MOTION to Continue by Brookside, The Town of, Alabama, Michael Jones. (Donahue, Timothy) |
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Filing 35
PROTECTIVE ORDER. Signed by Magistrate Judge Gray M Borden on 4/22/2021. (KAM)
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| Filing 34 Joint MOTION for Protective Order by Brookside, The Town of, Alabama, Michael Jones. (Donahue, Timothy) |
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Filing 33
ORDER granting in part and denying in part #27 Motion to Compel; Subject to a protective order, Dfts are ORDERED to produce a copy of all tickets written by the Brookside Police Department for a violation of Alabama Code 32-5-77 from 1/1/2016 through 6/30/2020; parties are ORDERED to file a joint proposed protective order on or before 4/21/2021; Dfts are ORDERED to produce any documents reflecting all funding sources and annual funding levels for the Brookside Police Department and City Court from 1/1/2016 through 6/30/2020; to the extent the Motion to Compel seeks relief other than as addressed in this order, that request is DENIED. Signed by Magistrate Judge Gray M Borden on 4/14/2021. (KAM)
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| Minute Entry for proceedings held before Magistrate Judge Gray M Borden: Telephone Conference Hearing held on 4/14/2021 re #27 First MOTION to Compel filed by Victoria G Brumlow; Woodall & Dawson for pla; Parnell & Donahue for defts; arguments by counsel; court's remarks; order to be entered; adj (Court Reporter Lindy Fuller) (ASL) |
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Filing 32
TEXT ORDER: A telephone conference is SET for 10:30 a.m. on April 14, 2021, regarding Plaintiff's #27 Motion to Compel. The parties are directed to dial 866-390-1828 and enter access code 9262283 no less than five minutes prior to the start of the call. If the parties encounter technical problems connecting to the call, please contact chambers directly.Signed by Magistrate Judge Gray M. Borden on 03/30/2021. (SUH)
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| Set Hearings: Telephone Conference set for 4/14/2021 10:30 AM before Magistrate Judge Gray M Borden. (KAM) |
| Filing 31 RESPONSE in Support re #27 First MOTION to Compel filed by Victoria G Brumlow. (Attachments: #1 Exhibit 1 - ACDEA grants)(Dawson, William) |
| Filing 30 RESPONSE in Opposition re #27 First MOTION to Compel filed by Brookside, The Town of, Alabama, Michael Jones. (Attachments: #1 Exhibit A - 2/22/21 letter, #2 Exhibit B - 1/25/21 email, #3 Exhibit C - 2/5/21 email, #4 Exhibit D - 11/9/20 letter, #5 Exhibit E - Defendant Responses to RFA, #6 Exhibit F - 1/22/21 letter, #7 Exhibit G - Plaintiff First RFP, #8 Exhibit H - 1/29/21 email, #9 Exhibit I - Defendant Responses to RFP, #10 Exhibit J - 3/8/21 letter)(Donahue, Timothy) |
| Filing 29 RESPONSE to Motion re #27 First MOTION to Compel - Joint Stipulation Regarding Discovery Issues filed by Brookside, The Town of, Alabama, Michael Jones. (Attachments: #1 Exhibit A - 3/8/21 letter, #2 Exhibit B - Responses to RFP, #3 Exhibit C - Responses to INT)(Donahue, Timothy) |
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Filing 28
ORDER Before the court is Plaintiffs motion to compel #27 ; it is ORDERED that Defendants shall add their positions to the draft joint stipulation (Doc. 27-1) filed by Plaintiff, and shall file the amended joint stipulation on or before March 22, 2021. Signed by Magistrate Judge Gray M Borden on 3/15/2021. (KAM)
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| Filing 27 First MOTION to Compel by Victoria G Brumlow. (Attachments: #1 Exhibit Plaintiff Email w/ Joint Stip., #2 Exhibit Def. Response to Ex. 1, #3 Exhibit Feb. 18: Plaintiff Letter to Def., #4 Exhibit Jan. 29: Plaintiff Letter to Def., #5 Exhibit Jan. 22: Plaintiff Letter to Def., #6 Exhibit Nov. 9: Plaintiff Letter to Def., #7 Exhibit Discovery Requests w/ Def. Resp.)(Woodall, Stephen) |
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Filing 26
ORDER Alabama law does not allow a claim for malicious prosecution to be stated against a municipality, it is ORDERED that Brooksides #21 Motion to Dismiss Count VII of the Amended Complaint is GRANTED. Signed by Magistrate Judge Gray M Borden on 12/2/2020. (KAM)
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| Filing 25 REPLY to Response to Motion re #21 MOTION to Dismiss Count VII of Plaintiff's Amended Complaint filed by Brookside, The Town of, Alabama, Michael Jones. (Donahue, Timothy) |
| Filing 24 RESPONSE in Opposition re #21 MOTION to Dismiss Count VII of Plaintiff's Amended Complaint filed by Victoria G Brumlow. (Dawson, William) |
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Filing 23
TEXT ORDER re: #21 Motion to Dismiss Count VII of the Amended Complaint filed by the Town of Brookside, Alabama. Plaintiff shall file a response to the motion on or before 11/13/2020, and the Town of Brookside shall file a reply on or before 11/20/2020. Signed by Magistrate Judge Gray M. Borden on 10/30/2020. (SUH)
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| Filing 22 Brief re #21 MOTION to Dismiss Count VII of Plaintiff's Amended Complaint . (Donahue, Timothy) |
| Filing 21 MOTION to Dismiss Count VII of Plaintiff's Amended Complaint by Brookside, The Town of, Alabama, Michael Jones. (Donahue, Timothy) |
| Filing 20 ANSWER to #19 Amended Complaint by Brookside, The Town of, Alabama, Michael Jones.(Donahue, Timothy) |
| Filing 19 AMENDED COMPLAINT against All Defendants, filed by Victoria G Brumlow.(Woodall, Stephen) |
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Filing 18
SCHEDULING ORDER: certain time limits apply as set out in this order; Discovery due by 6/25/2021. Dispositive Motions due by 7/9/2021. The parties shall be ready for trial, to be scheduled by separate order, on or before November 2021. Signed by Magistrate Judge Gray M Borden on 10/5/2020. (KAM)
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| Filing 17 REPORT of Rule 26(f) Planning Meeting. (Donahue, Timothy) |
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Filing 16
MEMORANDUM OPINION AND ORDER granting in part and denying in part #6 Motion to Dismiss; Plaintiff's equal protection claims, due process claims, and 14th Amendment malicious prosecution claim are DISMISSED with prejudice; all other claims remain; Plaintiff shall file an Amended Complaint by 10/15/2020. Signed by Magistrate Judge Gray M Borden on 10/1/2020. (KAM)
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| Filing 15 NOTICE of Appearance by K Mark Parnell on behalf of All Defendants (Parnell, K) |
| Filing 14 REPLY Brief filed by Defendants Brookside, The Town of, Alabama, Michael Jones re: #12 Response in Opposition to Motion to Dismiss Amended Complaint or Alternatively for Judgment on the Pleadings filed by Brookside, The Town of, Alabama, Michael Jones. (Donahue, Timothy) |
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Filing 13
INITIAL ORDER governing all further proceedings. Signed by Magistrate Judge Gray M Borden on 6/19/2020. (KAM)
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| Filing 12 RESPONSE in Opposition re #6 MOTION to Dismiss or in the Alternative Judgment on the Pleadings filed by Victoria G Brumlow. (Dawson, William) |
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Filing 11
TEXT ORDER: The telephone status conference set for 10:00 a.m. on 7/6/2020 is CANCELLED. Signed by Magistrate Judge Gray M Borden on 6/11/2020. (KMAW)
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| Filing 10 CONSENT to Jurisdiction by US Magistrate Judge (MRR, ) |
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Filing 9
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 July 23, 2020. In the absence of consent by all parties, the Clerk is DIRECTED to reassign the case to a randomly drawn district judge without further order after July 23, 2020. A telephone status conference is SET for 10:00 a.m. on July 6, 2020. The parties are DIRECTED to dial 866-390-1828 no less than five minutes before the status conference begins. The access code is 9262283. The telephone conference will be cancelled by separate order if all parties submit forms 24 hours in advance. Signed by Magistrate Judge Gray M Borden on 6/9/2020. (KEK)
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Filing 8
TEXT ORDER re #6 Motion to Dismiss filed by the Town of Brookside, Alabama. Plaintiff shall file a response to the motion on or before 6/23/2020, and the Town of Brookside shall file a reply on or before 6/30/2020. Signed by Magistrate Judge Gray M Borden on 6/9/2020. (KMAW)
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| Filing 7 Brief re #6 MOTION to Dismiss or in the Alternative Judgment on the Pleadings . (Donahue, Timothy) |
| Filing 6 MOTION to Dismiss or in the Alternative Judgment on the Pleadings by Brookside, The Town of, Alabama, Chief Michael Jones. (Donahue, Timothy) Modified text to add filer on 6/10/2020 (MRR, ). |
| Filing 5 SUMMONS Returned Executed by Victoria G Brumlow. Brookside, The Town of, Alabama served (no date on green card) Michael Jones served (no date on green card) (MRR, ) |
| Filing 4 Summons Issued as to Brookside, The Town of, Alabama, Michael Jones, sent via certified mail (MRR, ) |
| Filing 3 Request for service by certified mail filed by Victoria G Brumlow. (Woodall, Stephen) |
| Filing Fee received in the amount of $400.00, Credit Card receipt_number 1126-3587502, NDAL receipt #B4601105857. (Woodall, Stephen) Modified on 5/11/2020 (JLC). |
| Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing 1 COMPLAINT against Brookside, The Town of, Alabama, Michael Jones, filed by Victoria G Brumlow.(MRR, ) |
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