Pettway et al v. Marshall et al
Plaintiff: Bruce Pettway and Employer Benefits Consulting LLC
Defendant: Steve Marshall, BBVA Bank, BBVA Compass Bank and Otis Perkins
Case Number: 5:2019cv01073
Filed: July 10, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Karon O Bowdre
Referring Judge: Liles C Burke
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2019 Filing 49 REPLY to Defendant's Opposition to Motion for Leave filed by Bruce Pettway. (Clemon, U)
August 28, 2019 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)
August 22, 2019 Filing 47 STATUS REPORT of the Parties by Bruce Pettway. filed by Bruce Pettway (Clemon, U)
August 22, 2019 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)
August 22, 2019 Filing 45 NOTICE by Bruce Pettway of Withdrawal of ECF Doc 43 (Clemon, U)
August 22, 2019 Opinion or Order 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)
August 20, 2019 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)
August 20, 2019 Opinion or Order 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)
August 19, 2019 Filing 41 MOTION to Dismiss by BBVA Bank. (Cook, Gregory)
August 16, 2019 Filing 40 NOTICE of Appearance by Winfield J Sinclair on behalf of Steve Marshall (Sinclair, Winfield)
August 16, 2019 Filing 39 ANSWER to #11 Amended Complaint by Steve Marshall.(Kachelman, John)
August 13, 2019 Filing 38 NOTICE of Appearance by Sloane Marie Bell on behalf of BBVA Bank (Bell, Sloane)
August 12, 2019 Filing 37 NOTICE of Appearance by Gregory C Cook on behalf of BBVA Bank (Cook, Gregory)
August 12, 2019 Opinion or Order 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)
August 12, 2019 Opinion or Order 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)
August 12, 2019 Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference by telephone held on 8/12/2019. (FNC)
August 12, 2019 Opinion or Order Filing 34 INITIAL ORDER Governing All Further Proceedings - with appendices attached. Signed by Chief Judge Karon O Bowdre on 8/12/2019. (FNC)
August 8, 2019 Opinion or Order 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)
August 8, 2019 Opinion or Order 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)
August 8, 2019 Opinion or Order 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)
August 8, 2019 Filing 30 MEMORANDUM OPINION. Signed by Chief Judge Karon O Bowdre on 8/8/2019. (JLC)
August 5, 2019 Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Telephone Conference held on 8/5/2019. (Court Reporter Teresa Roberson.) (FNC)
August 2, 2019 Opinion or Order 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)
August 1, 2019 Filing 28 MOTION for Leave to File Response to Defendant's Reply Brief by Bruce Pettway. (Attachments: #1 Exhibit)(Clemon, U)
August 1, 2019 Opinion or Order 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)
August 1, 2019 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)
July 31, 2019 Filing 25 MOTION for Leave to File Response to Defendant's Reply Brief by Bruce Pettway. (Attachments: #1 Exhibit Exhibit 1)(Clemon, U)
July 31, 2019 Filing 24 REPLY to re #22 filed by Steve Marshall. (Kachelman, John)
July 26, 2019 Opinion or Order 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)
July 25, 2019 Filing 22 Brief on Younger Abstention Doctrine. (Attachments: #1 Exhibit Exhibit "A")(Clemon, U)
July 25, 2019 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)
July 24, 2019 Filing 20 EVIDENTIARY MATERIAL (Exhibit B) by Steve Marshall. (Kachelman, John) Modified on 7/24/2019 Incorrectly filed as a Motion (JLC).
July 24, 2019 Filing 19 EVIDENTIARY MATERIAL (Exhibit C) by Steve Marshall. (Kachelman, John) Modified on 7/24/2019 Incorrectly filed as a Motion (JLC).
July 24, 2019 Filing 18 EVIDENTIARY MATERIAL (Exhibit A) by Steve Marshall. (Kachelman, John) Modified on 7/24/2019 Incorrectly filed as a Motion (JLC).
July 24, 2019 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).
July 24, 2019 Filing 16 MOTION to Dismiss by Steve Marshall. (Kachelman, John)
July 23, 2019 Filing 15 AMENDED COMPLAINT Second against Employer Benefits Consulting LLC, filed by Employer Benefits Consulting LLC.(Clemon, U)
July 23, 2019 Filing 14 NOTICE of Appearance by John L Kachelman, III on behalf of Steve Marshall (Kachelman, John)
July 23, 2019 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)
July 23, 2019 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)
July 22, 2019 Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 7/22/2019. (FNC)
July 19, 2019 Filing 11 AMENDED COMPLAINT against Steve Marshall, filed by Bruce Pettway. (Attachments: #1 Exhibit A)(Clemon, U)
July 16, 2019 Opinion or Order 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)
July 16, 2019 Opinion or Order 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)
July 16, 2019 Opinion or Order 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)
July 16, 2019 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)
July 15, 2019 Opinion or Order 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)
July 15, 2019 Filing 6 NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL)
July 15, 2019 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)
July 15, 2019 Opinion or Order 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)
July 10, 2019 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)
July 10, 2019 Filing 3 MOTION Motion for Appointment of Special Process Server by Employer Benefits Consulting LLC, Bruce Pettway. (Clemon, U)
July 10, 2019 Filing 2 MOTION for Preliminary Injunction by Employer Benefits Consulting LLC, Bruce Pettway. (Clemon, U)
July 10, 2019 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)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Alabama Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Pettway et al v. Marshall et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Bruce Pettway
Represented By: Rodrick J Barge
Represented By: U W Clemon
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Employer Benefits Consulting LLC
Represented By: Rodrick J Barge
Represented By: U W Clemon
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Steve Marshall
Represented By: John L Kachelman, III
Represented By: Winfield J Sinclair
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BBVA Bank
Represented By: Sloane Marie Bell
Represented By: Gregory C Cook
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BBVA Compass Bank
Represented By: Sloane Marie Bell
Represented By: Gregory C Cook
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Otis Perkins
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?