Pettway et al v. Marshall et al
| Bruce Pettway and Employer Benefits Consulting LLC |
| Steve Marshall, BBVA Bank, BBVA Compass Bank and Otis Perkins |
| 5:2019cv01073 |
| July 10, 2019 |
| US District Court for the Northern District of Alabama |
| Karon O Bowdre |
| Liles C Burke |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 49 REPLY to Defendant's Opposition to Motion for Leave filed by Bruce Pettway. (Clemon, U) |
| Filing 48 RESPONSE in Opposition re #46 MOTION for Leave to File Third Amended Complaint filed by Steve Marshall. (Attachments: #1 Exhibit, #2 Exhibit)(Kachelman, John) |
| Filing 47 STATUS REPORT of the Parties by Bruce Pettway. filed by Bruce Pettway (Clemon, U) |
| Filing 46 MOTION for Leave to File Third Amended Complaint by Employer Benefits Consulting LLC, Bruce Pettway. (Attachments: #1 Exhibit A (Third Amended Complaint), #2 Exhibit B (Third Amended Complaint))(Clemon, U) |
| Filing 45 NOTICE by Bruce Pettway of Withdrawal of ECF Doc 43 (Clemon, U) |
Filing 44
ORDER TO SHOW CAUSE; Plaintiff is hereby ORDERED to SHOW CAUSE in writing, on or before August 29, 2019, why the Court should not strike his Third Amended Complaint as set out herein. Signed by Chief Judge Karon O Bowdre on 8/22/2019. (JLC)
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| Filing 43 AMENDED COMPLAINT (Third) against Steve Marshall, Otis Perkins, filed by Bruce Pettway, Employer Benefits Consulting LLC. (Attachments: #1 Exhibit Exhibit A (Affidavit), #2 Exhibit Exhibit B (Email))(Clemon, U) |
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Filing 42
ORDER OF DISMISSAL AS TO BBVA USA. Upon consideration of defendant's motion to dismiss #41 , the court hereby GRANTS the motion and ORDERS that this action against BBVA USA (only), shall be, and is, DISMISSED WITHOUT PREJUDICE. BBVA USA shall maintain the $15,500 which is currently in dispute until it receives any further orders of the court or upon agreement of the parties to this action. The Clerk of the Court is directed to terminate BBVA USA, incorrectly named as "BBVA Compass Bank" as a defendant in this matter. Plaintiffs' claims against defendant Steve Marshall, Attorney General, remain before the court. Signed by Chief Judge Karon O Bowdre on 8/20/2019. (FNC)
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| Filing 41 MOTION to Dismiss by BBVA Bank. (Cook, Gregory) |
| Filing 40 NOTICE of Appearance by Winfield J Sinclair on behalf of Steve Marshall (Sinclair, Winfield) |
| Filing 39 ANSWER to #11 Amended Complaint by Steve Marshall.(Kachelman, John) |
| Filing 38 NOTICE of Appearance by Sloane Marie Bell on behalf of BBVA Bank (Bell, Sloane) |
| Filing 37 NOTICE of Appearance by Gregory C Cook on behalf of BBVA Bank (Cook, Gregory) |
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Filing 36
TEXT ORDER. At the request of defense counsel, the Joint Status Report is now due by Thursday, August 22, 2019. Signed by Chief Judge Karon O Bowdre on 8/12/2019. (FNC)
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Filing 35
TEXT ORDER. Pursuant to discussions during the telephone conference held this date, a Joint Status Report, setting out dates to move this case forward is due by 8/19/2019. The report should contain a short synopsis of the current status of the case. Signed by Chief Judge Karon O Bowdre on 8/12/2019. (FNC)
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Filing 34
INITIAL ORDER Governing All Further Proceedings - with appendices attached. Signed by Chief Judge Karon O Bowdre on 8/12/2019. (FNC)
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| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference by telephone held on 8/12/2019. (FNC) |
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Filing 33
TEXT ORDER: Status Conference by telephone set for 8/12/2019 at 10:00 AM before Chief Judge Karon O Bowdre. Call-in details will be provided to the parties by email. Signed by Chief Judge Karon O Bowdre on 8/8/19. (CAK2)
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Filing 32
TEXT ORDER: In view of the Court's Order denying #16 Defendant's "Motion to Dismiss," the Court DENIES #28 "Plaintiff's Motion for Leave to Respond to Attorney General's Reply Brief" as unnecessary. Signed by Chief Judge Karon O Bowdre on 8/8/2019. (JLC)
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Filing 31
ORDER DENYING #16 MOTION to Dismiss in accordance with the #30 Memorandum Opinion entered contemporaneously herewith. The parties shall begin preparing for a hearing on Plaintiffs' #2 Motion for a Preliminary Injunction, which the Court will schedule by separate Order. Signed by Chief Judge Karon O Bowdre on 8/8/2019. (JLC)
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| Filing 30 MEMORANDUM OPINION. Signed by Chief Judge Karon O Bowdre on 8/8/2019. (JLC) |
| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Telephone Conference held on 8/5/2019. (Court Reporter Teresa Roberson.) (FNC) |
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Filing 29
TEXT ORDER. Telephone Conference set for Monday, August 5, 2019 at 11:00 AM, before Chief Judge Karon O Bowdre. The parties will be provided the call in information by email. Signed by Chief Judge Karon O Bowdre on 8/2/2019. (FNC)
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| Filing 28 MOTION for Leave to File Response to Defendant's Reply Brief by Bruce Pettway. (Attachments: #1 Exhibit)(Clemon, U) |
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Filing 27
TEXT ORDER: In view of #26 Plaintiff's "Notice of Withdrawal of Plaintiffs' Motion for Leave to Respond," the court FINDS AS MOOT #25 "Plaintiff's Motion for Leave to File Response to Defendant's Reply Memorandum." Signed by Chief Judge Karon O Bowdre on 8/1/19. (CAK2)
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| Filing 26 NOTICE by Employer Benefits Consulting LLC, Bruce Pettway re #25 MOTION for Leave to File Response to Defendant's Reply Brief of Withdrawal of Motion (Clemon, U) |
| Filing 25 MOTION for Leave to File Response to Defendant's Reply Brief by Bruce Pettway. (Attachments: #1 Exhibit Exhibit 1)(Clemon, U) |
| Filing 24 REPLY to re #22 filed by Steve Marshall. (Kachelman, John) |
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Filing 23
TEXT ORDER: If necessary, Defendant shall file any reply to #22 "Plaintiff's Memorandum of Law on The Younger Abstention Doctrine" on or before July 31, 2019. Signed by Chief Judge Karon O Bowdre on 7/26/19. (CAK2)
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| Filing 22 Brief on Younger Abstention Doctrine. (Attachments: #1 Exhibit Exhibit "A")(Clemon, U) |
| Filing 21 AFFIDAVIT re #2 MOTION for Preliminary Injunction by Employer Benefits Consulting LLC, Bruce Pettway. filed by Employer Benefits Consulting LLC, Bruce Pettway (Clemon, U) |
| Filing 20 EVIDENTIARY MATERIAL (Exhibit B) by Steve Marshall. (Kachelman, John) Modified on 7/24/2019 Incorrectly filed as a Motion (JLC). |
| Filing 19 EVIDENTIARY MATERIAL (Exhibit C) by Steve Marshall. (Kachelman, John) Modified on 7/24/2019 Incorrectly filed as a Motion (JLC). |
| Filing 18 EVIDENTIARY MATERIAL (Exhibit A) by Steve Marshall. (Kachelman, John) Modified on 7/24/2019 Incorrectly filed as a Motion (JLC). |
| Filing 17 Brief in Support of #16 MOTION to Dismiss by Steve Marshall. (Kachelman, John) Modified on 7/24/2019 Incorrectly filed as a Motion (JLC). |
| Filing 16 MOTION to Dismiss by Steve Marshall. (Kachelman, John) |
| Filing 15 AMENDED COMPLAINT Second against Employer Benefits Consulting LLC, filed by Employer Benefits Consulting LLC.(Clemon, U) |
| Filing 14 NOTICE of Appearance by John L Kachelman, III on behalf of Steve Marshall (Kachelman, John) |
| Filing 13 AFFIDAVIT of Service for Complaint served on Office of Attorney General on 7-22-19, filed by Employer Benefits Consulting LLC, Bruce Pettway. (Clemon, U) |
| Filing 12 AFFIDAVIT of Service for Complaint served on BBVA Bank on 7-22-19, filed by Employer Benefits Consulting LLC, Bruce Pettway. (Clemon, U) |
| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 7/22/2019. (FNC) |
| Filing 11 AMENDED COMPLAINT against Steve Marshall, filed by Bruce Pettway. (Attachments: #1 Exhibit A)(Clemon, U) |
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Filing 10
TEXT ORDER: The court ORDERS Plaintiffs to effectuate service on Defendant Steve Marshall as quickly as possible. But, in the interim, the court also ORDERS Plaintiffs to notify Defendant Marshall's office as soon as practicable of this action and the status conference scheduled for Monday, July 22. Signed by Chief Judge Karon O Bowdre on 7/16/19. (CAK2)
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Filing 9
TEXT ORDER: The court GRANTS #3 Plaintiffs' "Motion for Appointment of Special Process Server" and APPOINTS Albert L. Duff to serve the Defendants in this case. Signed by Chief Judge Karon O Bowdre on 7/16/19. (CAK2)
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| Filing 8 NOTICE OF REASSIGNMENT: This action has been reassigned to the Honorable Karon O. Bowdre. Judge Abdul K Kallon is no longer assigned to the case. Please use case number 5:19-cv-1073-KOB on all subsequent pleadings. (BJL) |
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TEXT ORDER: Status Conference to discuss how this case should proceed set for 7/22/2019 at 10:00 AM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 7/16/19. (CAK2)
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Filing 7
REASSIGNMENT ORDER: the undersigned DIRECTS the Clerk to reassign this case to a District Judge for all further proceedings. Signed by Magistrate Judge Herman N Johnson, Jr on 7/15/19. (BJL)
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| Filing 6 NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL) |
| Filing 5 NOTICE OF REASSIGNMENT this case is reassigned to Magistrate Judge Herman N Johnson, Jr. Judge Liles C Burke no longer assigned to the case. Please us case number 5:19-cv-1073-HNJ on subsequent pleadings (AHI) |
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Filing 4
ORDER that the undersigned recuses himself from any further consideration of this case; clerk shall reassign this action to another judge of this court. Signed by Judge Liles C Burke on 7/15/2019. (AHI)
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| Filing 3 MOTION Motion for Appointment of Special Process Server by Employer Benefits Consulting LLC, Bruce Pettway. (Clemon, U) |
| Filing 2 MOTION for Preliminary Injunction by Employer Benefits Consulting LLC, Bruce Pettway. (Clemon, U) |
| Filing 1 COMPLAINT for Preliminary and Permanent Injunction and other Appropriate Releif against BBVA Bank and Steve Marshall filed by Bruce Pettway and Employer Benefits Consulting LLC.(AHI) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3387245 (B46010990333). related document #1 COMPLAINT for Preliminary and Permanent Injunction and other Appropriate Releif against BBVA Bank and Steve Marshall filed by Bruce Pettway and Employer Benefits Consulting LLC.(AHI). (Clemon, U) |
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