Cullman Electric Cooperative v. City of Cullman, Alabama
Plaintiff: Cullman Electric Cooperative
Defendant: City of Cullman, Alabama
Case Number: 5:2021cv01421
Filed: October 22, 2021
Court: US District Court for the Northern District of Alabama
Presiding Judge: Herman N Johnson
Referring Judge: C Lynwood Smith
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2021 Opinion or Order Filing 21 FINAL JUDGMENT: it is ORDERED, ADJUDGED, and DECREED that the motion to dismissfiled by defendant, the City of Cullman, Alabama,is granted, and allclaims asserted by plaintiff, the Cullman Electric Cooperative, are dismissed. Signed by Judge C Lynwood Smith, Jr on 12/17/21. (BJL)
December 17, 2021 Opinion or Order Filing 20 MEMORANDUM OPINION: this court has determined that it lacks subject matter jurisdiction over the complaint. The Motion to Dismiss is granted, and the Motions of Preliminary Injunctive Relief and to Consolidate are denied. Signed by Judge C Lynwood Smith, Jr on 12/17/21. (BJL)
December 14, 2021 Opinion or Order Filing 19 NOTICE of Appearance by Andrew Thomas Toler on behalf of City of Cullman, Alabama (Toler, Andrew)
December 9, 2021 Opinion or Order Filing 18 RESPONSE in Opposition re #16 MOTION to Consolidate Cases (Opposed) filed by City of Cullman, Alabama. (Canupp, David)
December 8, 2021 Opinion or Order Filing 17 ORDER - This case is set for oral argument on the Motion to Dismiss on 12/15/2021 at 1:30 PM in Federal Courthouse, Huntsville, AL. Signed by Judge C Lynwood Smith, Jr on 12/8/2021. (AHI)
December 8, 2021 Opinion or Order Filing 16 MOTION to Consolidate Cases (Opposed) by Cullman Electric Cooperative. (Lockwood, Christopher)
December 7, 2021 Opinion or Order Filing 15 REPLY Brief filed by Defendant City of Cullman, Alabama re: #6 MOTION to Dismiss for Lack of Jurisdiction filed by City of Cullman, Alabama. (Attachments: #1 Exhibit A)(Canupp, David)
November 30, 2021 Opinion or Order Filing 14 RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Cullman Electric Cooperative. (Raleigh, Richard)
November 17, 2021 Opinion or Order Filing 13 TEXT ORDER - The Telephone Status Conference set for 12/20/2021 is hereby CANCELLED. Signed by Magistrate Judge Herman N Johnson, Jr on 11/17/2021. (AHI)
November 16, 2021 Opinion or Order Filing 12 ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge C Lynwood Smith, Jr on 11/16/2021. (AHI)
November 16, 2021 Opinion or Order Filing 11 NOTICE OF REASSIGNMENT - This action has been reassigned to Judge C Lynwood Smith, Jr. Magistrate Judge Herman N Johnson, Jr no longer assigned to the case. Please use case number 5:21-cv-1421-CLS on all subsequent pleadings. (AHI)
November 16, 2021 Opinion or Order Filing 10 ORDER that the parties are required to enter an election regarding the exercise of jurisdiction by a magistrate judge no later than 12/30/2021; 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 12/30/2021. Signed by Magistrate Judge Herman N Johnson, Jr on 11/16/2021. (AHI)
November 16, 2021 Opinion or Order Filing 9 ORDER - A Telephone Status Conference is set for 12/20/2021 at 10:30 AM. Signed by Magistrate Judge Herman N Johnson, Jr on 11/16/2021. (AHI)
November 16, 2021 Opinion or Order Filing 8 ORDER - Plaintiff's response to the #6 motion to dismiss is due within 14 days of this order; defendants reply is due within 7 days of plaintiff's response. Signed by Magistrate Judge Herman N Johnson, Jr on 11/16/2021. (AHI)
November 15, 2021 Opinion or Order Filing 7 Brief re #6 MOTION to Dismiss for Lack of Jurisdiction filed by City of Cullman, Alabama. (Canupp, David)
November 15, 2021 Opinion or Order Filing 6 MOTION to Dismiss for Lack of Jurisdiction by City of Cullman, Alabama. (Attachments: #1 Exhibit A - State Court Complaint)(Canupp, David)
October 25, 2021 Opinion or Order Filing 5 SUMMONS Returned Executed by Cullman Electric Cooperative, City of Cullman, Alabama served on 10/25/2021 answer due by 11/15/2021 (Raleigh, Richard) Modified on 11/4/2021 (AHI).
October 25, 2021 Opinion or Order Filing 4 Summons Issued as to City of Cullman, Alabama, by Clerk and given to Plaintiff for service. (BJL)
October 25, 2021 Opinion or Order Filing fee: $ 402.00, receipt number B4601004990 (BJL)
October 22, 2021 Opinion or Order Filing 3 NOTICE of Assignment of Case to a United States Magistrate Judge for Trial (AHI)
October 22, 2021 Opinion or Order Filing 2 MOTION for Preliminary Injunction by Cullman Electric Cooperative. (AHI)
October 22, 2021 Opinion or Order Filing 1 COMPLAINT against City of Cullman, Alabama filed by Cullman Electric Cooperative.(AHI)

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Plaintiff: Cullman Electric Cooperative
Represented By: Christopher Lea Lockwood
Represented By: Richard R Raleigh, Jr
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Defendant: City of Cullman, Alabama
Represented By: David J Canupp
Represented By: George W Royer, Jr
Represented By: Roy W Williams, Jr
Represented By: Andrew Thomas Toler
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