Singleton et al v. Merrill
| Bobby Singleton, Rodger Smitherman, Eddie Billingsley, Leonette W Slay, Darryl Andrews and Andrew Walker |
| John H Merrill, Jim McClendon and Chris Pringle |
| 2:2021cv01291 |
| September 27, 2021 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| Anna M Manasco |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 23, 2021. A more recent docket listing may be available from PACER.
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Filing 45
ORDER ON MOTIONS FOR CONSOLIDATION AND JOINDER, AND SCHEDULING ORDER, Before MARCUS, Circuit Judge, MANASCO and MOORER, District Judges, The motion to consolidate is GRANTED insofar as Singleton and Milligan are consolidated for the limited purposes of preliminary injunction discovery and a preliminary injunction hearing; the court RESERVES RULING on the motion for further consolidation of Singleton and Milligan; the motion for consolidation to include Caster is DENIED at this time; the motion to join or dismiss is DENIED at this time; and a scheduling order is SET. On or before DECEMBER 7, 2021, the parties in Singleton and Milligan shall file a joint statement of facts that are stipulated for purposes of preliminary injunction proceedings. The Milligan plaintiffs shall file their motion for preliminary injunctive relief on or before DECEMBER 15, 2021. The Singleton plaintiffs may (but are not required to) amend, supplement, replace, or otherwise restate their application for preliminary injunctive relief on or before DECEMBER 15, 2021. The Secretary shall file any objections to both the Singleton plaintiffs motion and the Milligan plaintiffs motion on or before DECEMBER 22, 2021. The previous order of the court that the Secretary shall file any objection to the Singleton plaintiffs motion by November 26, 2021 is VACATED solely as to the deadline for that response. On or before DECEMBER 10, 2021, the parties in Singleton and Milligan shall exchange any expert reports related to the motion for preliminary injunction. On or before DECEMBER 20, 2021, the parties in Singleton and Milligan shall exchange any expert rebuttal reports related to the motion for preliminary injunction. On or before DECEMBER 17, 2021, the parties in Singleton and Milligan shall complete all discovery related to the motion for preliminary injunction, other than the filing of the expert rebuttal reports. Any other motions related to the application for preliminary injunctive relief or hearing thereof shall be filed on or before close of business on DECEMBER 17,2021. At or before 4:00 pm Central Standard Time on DECEMBER 23, 2021, the parties in Singleton and Milligan shall file a joint pretrial report as directed. The court SETS a hearing on both applications for preliminary injunctive relief on JANUARY 4, 2022, at 9:00 a.m. Central Standard Time in Courtroom 8 in Hugo L Black US Courthouse, Birmingham, AL. Within five days of the completion of the preliminary injunction hearing, the parties in Singleton and Milligan shall file proposed findings of fact and conclusions of law for the panels consideration. Signed by Judge Anna M Manasco on 11/23/2021. (KAM)
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| Filing 44 RESPONSE to re #33 , #36 Plaintiffs' Response to Defendants' Rule 12(b)(7) Motion to Dismiss or Join Necessary Parties (ECF No. 33) and Motion to Consolidate (ECF No. 36) filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Quillen, Henry) |
| Filing 43 RESPONSE to re #40 Order for Joint Status Report filed by John H Merrill. (Davis, James) |
| Filing 42 MOTION for Preliminary Injunction by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zimmermann, Diandra "Fu") |
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Filing 41
ORDER setting deadlines on #33 and #36 . Signed by Judge Anna M Manasco on 11/18/2021. (TGC)
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Filing 40
ORDER setting Rule 16 Conference. Signed by Judge Anna M Manasco on 11/18/2021. (TGC)
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| Filing 39 NOTICE by Jim McClendon, Chris Pringle (Walker, J) |
| Filing 38 NOTICE by Jim McClendon, Chris Pringle (Walker, J) |
| Filing 37 MOTION For Joint Status Conference by John H Merrill. (Davis, James) |
| Filing 36 MOTION to Consolidate Cases by John H Merrill. (Harris, Andrew) |
| Filing 35 NOTICE of Appearance by J Dorman Walker on behalf of Jim McClendon, Chris Pringle (Walker, J) |
| Filing 34 NOTICE of Appearance by Thomas Alexander Wilson on behalf of John H Merrill (Wilson, Thomas) |
| Filing 33 MOTION to Dismiss or Join Necessary Parties by John H Merrill. (LaCour, Edmund) |
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Filing 32
ORDER: GRANTING Motion to Intervene Doc. #25 . Signed by Judge Anna M Manasco on 11/17/2021. (DNW, )
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| Filing 31 NOTICE of Appearance by Alexander Barrett Bowdre on behalf of John H Merrill (Bowdre, Alexander) |
| Filing 30 NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of John H Merrill (Messick, Misty) |
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Filing 29
ORDER A hearing is SET for 1/4/2022 09:00 AM in Hugo L Black US Courthouse, Birmingham, AL. See attached order. Signed by Judge Anna M Manasco on 11-09-2021. (TGC)
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| Filing 28 NOTICE of Appearance by Andrew Reid Harris on behalf of John H Merrill (Harris, Andrew) |
| Filing 27 NOTICE of Appearance by Eli Joseph Hare on behalf of All Plaintiffs (Hare, Eli) |
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Filing 26
TEXT ORDER. Plaintiffs' Motion for Leave as to Henry C. Quillen to Appear Pro Hac Vice, Doc. #23 , is GRANTED. Counsel are reminded that at least one attorney for each party m be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 11/9/2021. (FNC)
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| Minute Entry for proceedings held before Circuit Judge Marcus and Judges Manasco and Moorer: Scheduling Conference held by Zoom on 11/9/2021. Participating attorneys for plaintiff - Blacksher, Penn, Smith, Quillen and Hare; for Def - Davis and Seiss; for interveor - Walker. In depth discussions on how to proceed. Court will take information under advisement and render ruling by EOB this date. (Court Reporter Teresa Roberson.) (FNC) |
| Filing 25 MOTION to Intervene by Jim McClendon, Chris Pringle. (Attachments: #1 Exhibit A)(Walker, J) |
| Filing 24 NOTICE by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker re #20 Order,, Set Hearings,, Terminate Motions, Jpint Proposed Scheduling Order (Debrosse-Zimmermann, Diandra) |
| Filing 23 MOTION for Admission Pro Hac Vice of Henry C. Quillen by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Attachments: #1 Exhibit A - Declaration of Henry C. Quillen in Support of Motion to Appear Pro Hac Vice)(Whatley, Joe) |
| PHV Fee paid: $ 75, receipt number 1126-3957842 (B4601116812). (Whatley, Joe) Modified on 11/8/2021 (DNW, ). |
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Filing 22
ORDER. The parties are ORDERED to meet and confer about and to be prepared to discuss at Tuesday's conference the effect, if any, that Caster et al. v. Merrill, Case No. 2:21-cv-751-WKW-JTA, (M.D. Ala) has on discovery, summary judgment, trial, or other proceedings in this case. Signed by Judge Anna M Manasco,for the court on 11/7/2021. (FNC)
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Filing 21
ORDER The motion to dismiss is DENIED as moot. #11 Signed by Judge Anna M Manasco on 11/05/2021. (TGC)
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Filing 20
ORDER. The motion for expedited scheduling conference is GRANTED. #18 Scheduling Conference set for 11/9/2021 10:00 AM. Conference will be held virtually. Connecting information will be provided to the parties by email. See attached order. Signed by Judge Anna M Manasco on 11/05/2021. (TGC)
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| Filing 19 NOTICE of Appearance by Edmund Gerard LaCour on behalf of John H Merrill (LaCour, Edmund) |
| Filing 18 MOTION set expedited scheduling conference by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Blacksher, James) |
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Filing 17
TEXT ORDER. The court GRANTS #16 . Attorney James Sturgeon Christie, Jr terminated. Signed by Judge Anna M Manasco on 11/5/2021. (FNC)
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| Filing 16 MOTION to Withdraw by J.S. "Chris" Christie by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Christie, James) |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Andrew Walker, Eddie Billingsley, Rodger Smitherman, Bobby Singleton, Leonette W Slay, Darryl Andrews.(Blacksher, James) |
| Filing 14 NOTICE of Appearance by Benjamin Matthew Seiss on behalf of John H Merrill (Seiss, Benjamin) |
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Filing 13
ORDER DESIGNATION OF THREE-JUDGE COURT; I hereby designate District Judge Terry F. Moorer and Circuit Judge Stanley Marcus to serve with the requesting judge, Judge Manasco, as members of the three-judge court to hear and decide the action. Signed by Judge William H. Pryor Jr. on 10/29/2021. (DNW, )
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Filing 12
TEXT ORDER setting briefing schedule on Defendant's Motion to Dismiss (Doc. #11 ). Plaintiff's response is due twenty-one (21) days of the date of this order. Defendant's reply is due within fourteen (14) days of the date that the response is filed. Signed by Judge Anna M Manasco on 10/25/2021. (FNC)
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| Filing 11 MOTION to Dismiss by John H Merrill. (Attachments: #1 Exhibit A - Declaration of Sen. Jim McClendon)(Smith, Brenton) |
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Filing 10
ORDER- The court finds that this action "challeng[es] the constitutionality of the apportionment of congressional districts." 28 U.S.C. 2284(a). The Clerk of Court is DIRECTED to transmit this order and a copy of the complaint and the motion to expedite to the Chief Judge of the United States Court of Appeals for the Eleventh Circuit. Signed by Judge Anna M Manasco on 10/6/21. (MRR, ) Order, Motion and Complaint e-mailed to the Circuit on 10/18/2021. Modified on 10/19/2021 (KAM).
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| Filing 9 SUMMONS Returned Executed by Andrew Walker, Leonette W Slay, Bobby Singleton, Eddie Billingsley, Rodger Smitherman, Darryl Andrews. John H Merrill served on 9/30/2021, answer due 10/21/2021. (MRR, ) |
| Filing 8 Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Anna M. Manasco. Please use case number 2:21-cv-1291-AMM on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (MRR, ) |
| Filing 7 MOTION to Expedite Appointment of Three-Judge Panel Motion is RIPE 10/1/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (Christie, James) |
| Filing 6 NOTICE of Appearance by Brenton Merrill Smith on behalf of John H Merrill (Smith, Brenton) |
| Filing 5 NOTICE of Appearance by James W Davis on behalf of John H Merrill (Davis, James) |
| Filing 4 Summons Issued as to John H Merrill, sent via certified mail (MRR, ) |
| Filing 3 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing 2 Request for service by certified mail filed by Darryl Andrews, Eddie Billingsley, Bobby Singleton, Leonette W Slay, Rodger Smitherman, Andrew Walker. (MRR, ) |
| Filing 1 COMPLAINT against John H Merrill, filed by Andrew Walker, Leonette W Slay, Bobby Singleton, Eddie Billingsley, Rodger Smitherman, Darryl Andrews.(MRR, ) |
| Filing Fee: Filing fee $ 402, receipt_number 1126-3932434 (B4601116012). related document #1 COMPLAINT against John H Merrill, filed by Andrew Walker, Leonette W Slay, Bobby Singleton, Eddie Billingsley, Rodger Smitherman, Darryl Andrews.(MRR, ). (Baugh, Robert) Modified on 9/28/2021 (MRR, ). |
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