Mitchell v. Smith et al
| Margaret Mitchell |
| Sheriff Nick Smith, T J Armstrong, Denzel Mitchell, Braxton Kee, Bailey Gainey, Katherine Cligan, Jacob Smith, Jeremy Farley, Richard Holzman, Benjamin Shoemaker, Dayton Wakefield, Alicia Herron, Brad Allred, Carl Carpenter, Justin White, Arcelia Jottie Tidwell, Morgan Madison, Joshua Jones and QCHC Inc |
| 2:2023cv00182 |
| February 13, 2023 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| P.I.: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on April 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 REPORT of Rule 26(f) Planning Meeting. (Hoaglund, Eric) |
| Filing 47 ANSWER to #29 Amended Complaint QCHC of Alabama, Inc., Erroneously Sued as QCHC, Inc.'s Answer and Affirmative Defenses to Plaintiff's First Amended Complaint by QCHC Inc.(McCallum, LaBella) |
Filing 46
TEXT ORDER: In light of the plaintiff's amended complaint (Doc. #29 ), the defendants' pending motions to strike and to change venue are MOOT because they are aimed at what is no longer the operative complaint (Docs #5 , #8 , #15 , #18 ). Additionally, the pending motion to seal concerns materials in support of the now-moot motion to strike. (Doc. #26 ). Accordingly, the Clerk of Court is DIRECTED to TERM the pending motions. (Docs #5 , #8 , #15 , #18 , #26 ). The defendants may reassert any arguments applicable to the amended complaint. Signed by Magistrate Judge Staci G Cornelius on 04/04/2023. (CTF)
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| Filing 45 ANSWER to #29 Amended Complaint by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Joshua Jones, Braxton Kee, Morgan Madison, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Arcelia Jottie Tidwell, Dayton Wakefield, Justin White.(Frawley, Jamie) |
| Filing 44 ANSWER to #29 Amended Complaint Brad Allred's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint by Brad Allred, Alicia Herron.(McCallum, LaBella) |
| Filing 43 ANSWER to #29 Amended Complaint Aleisha Herron's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint by Brad Allred, Alicia Herron.(McCallum, LaBella) |
| Filing 42 MOTION to Change Venue by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Joshua Jones, Braxton Kee, Morgan Madison, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Arcelia Jottie Tidwell, Dayton Wakefield, Justin White. (Frawley, Jamie) |
| Filing 41 MOTION to Dismiss by Sheriff Nick Smith, in his Official Capacity by Nick Smith. (Frawley, Jamie) |
| Filing 40 NOTICE of Appearance by Jamie Helen Kidd Frawley on behalf of T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield (Frawley, Jamie) |
| Filing 39 REPLY to Response to Motion re #18 MOTION to Strike #1 Complaint, Defendants' Aleisha Herron and Brad Allred's Motion to Strike Defendants' Reply to Plaintiff's Response to Nurses' Motion to Strike filed by Brad Allred, Alicia Herron. (McCallum, LaBella) |
| Filing 38 REPLY to Response to Motion re #15 MOTION to Change Venue Defendants' Motion for Change of Venue Defendants' Aleisha Herron and Brad Allred's Reply to Plaintiff's Response to Defendants' Motion to Transfer Venue filed by Brad Allred, Alicia Herron. (McCallum, LaBella) |
| Filing 37 SUMMONS Returned Executed by Margaret Mitchell. QCHC Inc served on 3/21/2023, answer due 4/11/2023. (Goldfarb, Jon) |
| Filing 36 SUMMONS Returned Executed by Margaret Mitchell. Joshua Jones served on 3/24/2023, answer due 4/14/2023; Morgan Madison served on 3/24/2023, answer due 4/14/2023; Arcelia Jottie Tidwell served on 3/24/2023, answer due 4/14/2023; Justin White served on 3/24/2023, answer due 4/14/2023. (Goldfarb, Jon) |
| Filing 35 RESPONSE in Opposition re #18 MOTION to Strike #1 Complaint, Defendants' Aleisha Herron and Brad Allred's Motion to Strike filed by Margaret Mitchell. (Smith, L) |
| Filing 34 RESPONSE in Opposition re #15 MOTION to Change Venue Defendants' Motion for Change of Venue filed by Margaret Mitchell. (Smith, L) |
| Filing 33 RESPONSE in Opposition re #26 MOTION to Seal filed by Margaret Mitchell. (Smith, L) |
| Filing 32 Summons Issued as to Justin White. Plaintiff to serve. (CTF) |
| Filing 31 Alias Summons Issued as to QCHC Inc. Plaintiff to serve. (CTF) |
| Filing 30 Summons Issued as to Joshua Jones, Morgan Madison, QCHC Inc, Arcelia Jottie Tidwell. Plaintiff to serve. (CTF) |
| Filing 29 AMENDED COMPLAINT against All Defendants, filed by Margaret Mitchell.(Smith, L) |
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Filing 28
TEXT ORDER: The plaintiff is ORDERED to respond to the pending motion for leave to file under seal (Doc. #26 ) within fourteen calendar days. Signed by Magistrate Judge Staci G Cornelius on 03/15/2023. (CTF)
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| Filing 27 NOTICE OF CONVENTIONAL FILING by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield Notice of Conventional Filing (McNeill, J) (#1 Notice of Conventional Filing with Wet Seal)(Additional attachment added on 3/15/2023)(CTF). |
| Filing 26 MOTION to Seal by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield. (McNeill, J) |
| Filing 25 REPLY to Response to Motion re #8 Amended MOTION to Strike #1 Complaint, #7 MOTION to Strike #1 Complaint, filed by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield. (McNeill, J) |
| Filing 24 REPLY to Response to Motion re #15 MOTION to Change Venue Defendants' Motion for Change of Venue filed by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield. (McNeill, J) |
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Filing 23
TEXT ORDER: Defendants Allred and Herron have appeared and filed a motion to change venue and a motion to strike. (Docs. #15 , #18 ). The plaintiff is ORDERED to file any opposition to these motions within fourteen calendar days. The movants SHALL file any reply within seven calendar days thereafter. Signed by Magistrate Judge Staci G Cornelius on 03/09/2023. (CTF)
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Filing 22
QUALIFIED HIPAA PROTECTIVE ORDER. Signed by Magistrate Judge Staci G Cornelius on 03/09/2023. (CTF)
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| Filing 21 NOTICE by Brad Allred Conflict Disclosure Statement (McCallum, LaBella) |
| Filing 20 NOTICE by Alicia Herron Conflict Disclosure Statement (McCallum, LaBella) |
| Filing 19 MOTION for Hipaa Order Motion for HIPPA Protective Order Motion is RIPE 3/8/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Brad Allred, Alicia Herron. (Attachments: #1 Text of Proposed Order Qualified HIPAA Protective Order)(McCallum, LaBella) |
| Filing 18 MOTION to Strike #1 Complaint, Defendants' Aleisha Herron and Brad Allred's Motion to Strike by Brad Allred, Alicia Herron. (McCallum, LaBella) |
| Filing 17 ANSWER to #1 Complaint, with Jury Demand Answer and Affirmative Defenses of Brad Allred by Brad Allred, Alicia Herron.(McCallum, LaBella) |
| Filing 16 ANSWER to #1 Complaint, with Jury Demand Answer and Affirmative Defenses of Defendant Aleisha Herron by Brad Allred, Alicia Herron.(McCallum, LaBella) |
| Filing 15 MOTION to Change Venue Defendants' Motion for Change of Venue by Brad Allred, Alicia Herron. (McCallum, LaBella) |
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Filing 13
ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 3/11/2023; Signed by Magistrate Judge Staci G Cornelius on 3/7/2023. (BST, )
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Filing 14
TEXT ORDER: The appearing defendants have filed a motion to change venue and an amended motion to strike. (Docs. #5 , #8 ). The plaintiff is ORDERED to file any opposition to these motions within fourteen calendar days. The movants SHALL file any reply within seven calendar days thereafter. Additionally, the Clerk of Court is DIRECTED to TERM the appearing defendants' original motion to strike (Doc. #7 ), which the amended motion notes is withdrawn (Doc. #8 at 1, n.1). Signed by Magistrate Judge Staci G Cornelius on 03/06/2023. (CTF)
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| Filing 12 RESPONSE in Opposition re #5 MOTION to Change Venue filed by Margaret Mitchell. (Smith, L) |
| Filing 11 NOTICE by Margaret Mitchell re #10 Response in Opposition to Motion, Notice of Conventional Filing (Smith, L) Plaintiff's flash drive containing video exhibits #10 conventionally filed and maintained in case file in the clerk's office on the 7th day of March, 2023. Modified on 3/7/2023 (CTF). |
| Filing 10 RESPONSE in Opposition re #8 Amended MOTION to Strike #1 Complaint, #7 MOTION to Strike #1 Complaint, filed by Margaret Mitchell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Smith, L) |
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Filing 9
ORDER 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 April 20, 2023. 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 April 20, 2023. Signed by Magistrate Judge Staci G Cornelius on 03/06/2023. (CTF)
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| Filing 8 Amended MOTION to Strike #1 Complaint, #7 MOTION to Strike #1 Complaint, by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield. (McNeill, J) |
| Filing 7 MOTION to Strike #1 Complaint, by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield. (McNeill, J) |
| Filing 6 Defendant N. Smith, Armstrong, Mitchell, Kee, Gainey, Cligan, J. Smith, Farley, Holzman, Shoemaker, Wakefield, & Carpenter's ANSWER to #1 Complaint, by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield.(McNeill, J) |
| Filing 5 MOTION to Change Venue by T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield. (McNeill, J) |
| SUMMONS Returned Executed all defendants 02/15/2023, answer due 03/08/2023. (CTF) |
| Filing 4 SUMMONS Returned Executed by Margaret Mitchell. All Defendants. (Goldfarb, Jon) |
| Filing 3 Summons Issued as to Brad Allred, T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Alicia Herron, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield. Plaintiff to serve. Done this 14th day of February, 2023. (CTF) |
| Filing 2 NOTICE OF ASSIGNMENT of a case to a U. S. magistrate judge for trial. (CTF) |
| Filing fee: $ 402.00, receipt number B-3780 (KAM) |
| Filing 1 COMPLAINT against Brad Allred, T J Armstrong, Carl Carpenter, Katherine Cligan, Jeremy Farley, Bailey Gainey, Alicia Herron, Richard Holzman, Braxton Kee, Denzel Mitchell, Benjamin Shoemaker, Jacob Smith, Nick Smith, Dayton Wakefield, filed by Margaret Mitchell. (Attachments: #1 Civil Cover Sheet) (CTF) |
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