Stewart v. River Birch Park LLC et al
| Patsy Stewart |
| River Birch Park LLC, Robertson Construction Co., LLC, County of Tuscaloosa, Alabama, Tuscaloosa County Commission, The, United States of America, United States Army Corps of Engineers, The, Ryan Shirley, Inc. and Bobby Hagler |
| 7:2023cv00830 |
| June 27, 2023 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| L Scott Coogler |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on August 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to (27 in 7:23-cv-00534-LSC, 27 in 7:23-cv-00535-LSC, 12 in 7:23-cv-00831-LSC, 32 in 7:23-cv-00314-LSC, 16 in 7:23-cv-00830-LSC) MOTION motion to dismiss re (1 in 7:23-cv-00830-LSC) Complaint, (1 in 7:23-cv-00314-LSC) Complaint, (1 in 7:23-cv-00831-LSC) Complaint, (1 in 7:23-cv-00535-LSC) Complaint, (1 in 7:23-cv-00534-LSC) Complaint , (34 in 7:23-cv-00314-LSC, 31 in 7:23-cv-00535-LSC, 14 in 7:23-cv-00831-LSC, 31 in 7:23-cv-00534-LSC, 19 in 7:23-cv-00830-LSC) Order,, by Jack Raymon, Terri J Raymon, Patsy Stewart, Douglas Webb, Valerie Webb, Diane P McJenkin, Jeffery McJenkin, Caroline R Sprayberry, Christopher S Sprayberry. Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC(Ritchey, Gregory) |
Filing 20
ORDER - Before this Court is Defendant River Birch Park, LLC's Motion to Dismiss the Complaint filed by the Webb Plaintiffs (Doc. #18 ), Motion to Dismiss the Complaint filed by the Raymon Plaintiffs (Doc. 30 ), and Motion to Dismiss the Complaint filed by Plaintiff Patsy Stewart (Doc. 31 ). Each respective plaintiff will have fourteen (14) days from the date of this Order to respond to the Motion. Defendant River Birch Park, LLC will thereafter have eleven (11) days to file a reply. Signed by Judge L Scott Coogler on 8/21/2023. Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC (MEB2)
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Filing 19
ORDER - Before this Court is Defendants' United States of America and U.S. Army Corps of Engineers (collectively referred to as the "Federal Defendants") Motion to Dismiss (Doc. 32 ). Plaintiffs has ten (10) days from the date of this Order to respond to the Motion. The Federal Defendants will thereafter have seven (7) days to file a reply. Signed by Judge L Scott Coogler on 8/18/2023. Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC (MEB2)
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| Filing 18 NOTICE of Appearance by Joseph Marion Allen, Jr on behalf of All Plaintiffs Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC(Allen, Joseph) |
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Filing 17
TEXT ORDER granting #10 Motion for Relief from Order or Alternatively Motion for Clarification. Signed by Judge L Scott Coogler on 8/14/2023. (JAK) Modified on 8/14/2023 (MEB2).
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| Filing 16 MOTION to Dismiss re #1 Complaint re (1 in 7:23-cv-00830-LSC) Complaint, (1 in 7:23-cv-00314-LSC) Complaint, (1 in 7:23-cv-00831-LSC) Complaint, (1 in 7:23-cv-00535-LSC) Complaint, (1 in 7:23-cv-00534-LSC) Complaint by United States Army Corps of Engineers, The, United States of America, The. (Attachments: #1 memo in support, #2 Affidavit)Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC(Whitman, James) Modified on 8/14/2023 (MEB2). |
| Filing 15 River Birch Park Motion to Dismiss Stewart Complaint ANSWER to Complaint Brief in Support of Motion to Dismiss Stewart Complaint by River Birch Park LLC. (Attachments: #1 River Birch Park Brief in Support of Motion to Dismiss Stewart Complaint)(Gilmore, William) |
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Filing 14
UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge L Scott Coogler on 7/28/2023. Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC (MEB2)
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| Filing 13 MOTION to Dismiss by County of Tuscaloosa, Alabama, Bobby Hagler. (Attachments: #1 Exhibit Brief in Support of Motion to Dismiss)(Spence, Robert) |
| Filing 12 RESPONSE in Opposition re (3 in 7:23-cv-00314-LSC) MOTION to Dismiss filed by Jack Raymon, Terri J Raymon, Patsy Stewart, Douglas Webb, Valerie Webb, Diane P McJenkin, Jeffery McJenkin, Caroline R Sprayberry, Christopher S Sprayberry. Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC(Ritchey, Gregory) |
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Filing 11
ORDER - Before the Court is Plaintiff's Motion to Strike or for leave to File Sur-Reply, seeking to have this Court strike the mention of Ala. Code 6-5-220 from the County Defendants' Reply or, in the alternative, grant leave for the Plaintiffs to file a sur-reply to address the correct statute (Doc. #20 ). Plaintiff's Motion is DENIED, to the extent it seeks to strike anything from Defendants' Reply, but is GRANTED, to the extent that Plaintiff seeks leave to file a sur-reply. Plaintiff's submission is due in ten (10) days. Defendant will thereafter have ten (10) days to respond. Signed by Judge L Scott Coogler on 7/20/2023. Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC (MEB2)
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| Filing 10 Unopposed Motion for Relief from Order or Alternatively Motion for Clarification re (3 in 7:23-cv-00830-LSC) Order, by Patsy Stewart. Associated Cases: 7:23-cv-00314-LSC, 7:23-cv-00534-LSC, 7:23-cv-00535-LSC, 7:23-cv-00830-LSC, 7:23-cv-00831-LSC(Ritchey, Gregory) Modified on 7/20/2023 (MEB2). Modified on 8/14/2023 (MEB2). |
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Filing 9
ORDER - Before the Court is the Defendant United States' unopposed Motion to Consolidate Cases (Doc. #8 ). Because these actions "involve a common question of law or fact," Fed. R. Civ. R. 42(a), the Court has determined that consolidating the three cases for all purposes will serve the efficient prosecution and defense of these actions. The Motion is therefore hereby GRANTED. Accordingly, the Clerk is DIRECTED to consolidate the above-styled action with 7:23-cv-00830 and 7:23-cv-00831. The parties shall file documents in the lead case, 7:23-cv-00314. This Court will not consider documents filed in 7:23-cv-00534, 7:23-cv-00535, 7:23-cv-00830, or 7:23-cv-00831. Every document filed in this consolidated matter must include the case number of all cases. Additionally, Defendant's Motion for Extension of Time is GRANTED. The United States will file its responsive pleadings to all these cases by August 14, 2023. Signed by Judge L Scott Coogler on 7/12/2023. (MEB2)
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| Case Reassigned to Judge L Scott Coogler. Judge Annemarie Carney Axon no longer assigned to the case. (MEB2) |
| Filing 8 Unopposed MOTION to Consolidate Cases and to Extend Time in which to file Responsive Pleadings by United States of America. (Attachments: #1 Text of Proposed Order)(Hood, Jack) |
| Filing 7 NOTICE of Appearance by David T Gordon on behalf of Ryan Shirley, Inc. (Gordon, David) |
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Filing 6
ORDER REGARDING COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(f). Signed by Judge Annemarie Carney Axon on 7/6/23. (SAC)
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Filing 5
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 7/6/23. (SAC)
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| Filing 4 ANSWER to #1 Complaint with Jury Demand by Ryan Shirley, Inc..(Zulanas, Christopher) |
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Filing 3
ORDER The court ORDERS Ms. Stewart to replead the complaint in conformity with Federal Rules of Civil Procedure 8(a)(2) and 10(b), as well as the Eleventh Circuit's instructions about properly pleading a complaint. Ms Stewart must file the amended complaint on or before July 14, 2023. Signed by Judge Annemarie Carney Axon on 6/30/2023. (KSS)
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| Filing 2 NOTICE by Patsy Stewart re #1 Complaint Exhibit 3 to Complaint (Cockrell, Bobby) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4373437. ALND receipt number B-6057. related document #1 COMPLAINT against All Defendants, filed by Patsy Stewart. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(KSS). (Cockrell, Bobby) |
| Filing 1 COMPLAINT against All Defendants, filed by Patsy Stewart. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(KSS) |
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