Park City Water Authority v. North Fork Apartments, Inc. et al
| Park City Water Authority |
| North Fork Apartments, L.P., Utilities Board of the City of Daphne, Ron Scott, Lon Johnston, Rob McElroy, Daniel Lyndall, Drew Klumpp, Mayor Fred Small, Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips, Steven Hydinger, BREC Development, LLC, Eric Lipp, Spitfire Funding, LLP, Spitfire Realty, LLC, Robert Field, Highland Mortgage Company, Inc. and Bob Segalla |
| 1:2009cv00240 |
| April 30, 2009 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Baldwin |
| Katherine P Nelson |
| William H Steele |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2011. A more recent docket listing may be available from PACER.
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Filing 131
ORDER denying #130 Motion to Deposit Funds. Signed by Chief Judge William H. Steele on 1/24/2011. (tgw)
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| Filing 130 MOTION to Deposit Funds into the Registry of the Court by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
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Filing 129
Order dismissing without prejudice the state-law claim against Apartments for declaratory relief, which is the sole remaining claim in this action. The Clerk is directed to close the file. Signed by Chief Judge William H. Steele on 1/13/2011. (tgw)
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Filing 128
Order rescheduling the Pretrial Conference for 1/25/2011 02:30 PM before Chief Judge William H. Steele. The parties' joint pretrial document is to be filed on orbefore 1/21/2011. Signed by Chief Judge William H. Steele on 1/12/11. (tgw)
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Filing 127
ENDORSED ORDER granting #126 Motion for Extension of Time To Reinstate Action. Signed by Chief Judge William H. Steele on 1/10/2011. (Steele, William)
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| Filing 126 MOTION for Extension of Time (Deadline) To Reinstate Action by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
| Filing 125 TRIAL BRIEF Regarding Dismissal by Park City Water Authority. (Attachments: #1 Exhibit) (Cooper, Algernon) (Main Document 125 replaced on 1/6/2011) (tgw). (Attachment 1 replaced on 1/6/2011) (tgw). |
| Filing 124 Brief filed by North Fork Apartments, L.P. In Support of Dismissal. (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) (Smalley, Jack) |
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Filing 123
ORDER denying #122 Motion for alteration of pretrial setting. To alleviate any concern over incurring unnecessary pretrial preparation expenses, the deadline for filing the joint pretrial document is extended to January 14, 2011. Signed by Chief Judge William H. Steele on 1/5/2011. (tgw)
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| Filing 122 Joint MOTION for Pretrial Alteration of Pretrial Timing by North Fork Apartments, L.P.. (Smalley, Jack) |
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Filing 121
ORDER granting #119 Motion for Extension of Time to Reinstate Action. The deadline for reinstating the action is extended to January 7, 2011. The #118 Motion to Withdraw the previous version of the motion for extension (117) is granted. The #117 Motion for Extension of Time is denied as moot. Signed by Chief Judge William H. Steele on 1/3/2011. (tgw)
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| Filing 120 NOTICE by North Fork Apartments, L.P. of filing of Pre-Trial Disclosures (Smalley, Jack) |
| Filing 119 Joint MOTION for Extension of Time of Deadline to Reinstate Action by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
| Filing 118 MOTION to Withdraw #117 Joint MOTION for Extension of Time of Deadline to Reinstate Action (Motion Filed in Error) by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
| Filing 117 Joint MOTION for Extension of Time of Deadline to Reinstate Action by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
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Filing 116
Order granting in part denying in part the #103 Amended MOTION for Summary Judgment filed by the North Fork defendants. The initial motion for summary judgment (Doc. 96) is denied as moot. The embedded motion to strike the North Fork defendants' statement of material facts or, in the alternative, to dismiss the motion for summary judgment, (Doc. 110 at 4), is denied. The parties are ordered by 1/5/2011 to file briefs setting forth their positions as to whether the balance of this action should be dismissed. Signed by Chief Judge William H. Steele on 12/29/2010. (tgw)
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| Filing 115 Notice of Filing PRETRIAL DISCLOSURE filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 114 REPLY to #96 MOTION for Summary Judgment and Supporting Brief by North Fork Defendants filed by North Fork Apartments, L.P.. (Smalley, Jack) |
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Filing 113
Order: On joint request of the affected parties, the deadline for reinstating the action is extended an additional 30 days, to January 4, 2011 (re: #105 Order Dismissing Parties). Signed by Chief Judge William H. Steele on 12/2/10. (tgw)
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Filing 112
Order granting the #108 Second MOTION for Extension of Time filed by Park City Water Authority. The North Fork defendants' Reply to their motion for summary judgment is due by 12/14/2010. The #111 MOTION to Strike is denied. Signed by Chief Judge William H. Steele on 12/1/10. (tgw)
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| Filing 111 MOTION to Strike #110 Response in Opposition to Motion, by North Fork Apartments, L.P.. (Smalley, Jack) |
| Filing 110 RESPONSE in Opposition re #96 MOTION for Summary Judgment and Supporting Brief by North Fork Defendants, #103 Amended MOTION for Summary Judgment filed by Park City Water Authority. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 thru 12) (Cooper, Algernon) Modified on 12/1/2010 (tgw). |
| Filing 109 RESPONSE in Opposition re #108 Second MOTION for Extension of Time filed by North Fork Apartments, L.P.. (Smalley, Jack) |
| Filing 108 Second MOTION for Extension of Time by Park City Water Authority. (Attachments: #1 Supplement Drft Opp to S. J.) (Cooper, Algernon) |
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Filing 107
Order granting #106 MOTION for Extension of Time to File Response to S J Motion filed by Park City Water Authority. Responses to #96 motion for summary judgment due by 11/29/2010, Replies due by 12/13/2010. Signed by Chief Judge William H. Steele on 11/17/10. (tgw)
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| Filing 106 MOTION for Extension of Time to File Response to S J Motion by Park City Water Authority. (Cooper, Algernon) |
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Filing 105
ORDER DISMISSING PARTIES re: Settlement Conference stating all claims against these defendants [the "Board" and the "Association" as set out] are dismissed with prejudice from the active docket of the Court, provided that any party may reinstate the action as to these claims within thirty days from the date of entry of this order if the settlement agreement documentation is not consummated. Signed by Chief Judge William H. Steele on 11/5/10. Copies to parties. (mpp)
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| Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Settlement Conference held on 11/4/2010. (srr) |
| Filing 104 NOTICE of Filing Exhibits by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips (Attachments: #1 Exhibit H and J) (Potts, Charles) |
| Filing 103 Amended MOTION for Summary Judgment by BREC Development, LLC, Robert Field, Highland Mortgage Company, Inc., Steven Hydinger, Eric Lipp, North Fork Apartments, L.P., Spitfire Funding, LLP, Spitfire Realty, LLC. (Attachments: #1 Exhibit Exhibits A - Q, #2 Text of Proposed Order) (Smalley, Jack) |
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Filing 102
Order granting the #100 MOTION to Amend/Correct #96 MOTION for Summary Judgment and Supporting Brief filed by the North Fork defendants. The North Fork defendants are ordered by 10/29/2010 to file a corrected brief & supplemental affidavits. Signed by Chief Judge William H. Steele on 10/27/10. (tgw)
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| Filing 100 MOTION to Amend/Correct #96 MOTION for Summary Judgment and Supporting Brief by North Fork Defendants by BREC Development, LLC, Robert Field, Highland Mortgage Company, Inc., Steven Hydinger, Eric Lipp, North Fork Apartments, L.P., Spitfire Funding, LLP, Spitfire Realty, LLC. (Smalley, Jack) |
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Filing 101
Order granting in part the #98 MOTION for Extension of Time to File Dispositive Motions filed by Park City Water Authority. All dispositive motions are due by 11/8/2010. Signed by Chief Judge William H. Steele on 10/25/10. (tgw)
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Filing 99
ENDORSED ORDER granting #91 Motion to Extend Summary Judgment Deadline. Signed by Chief Judge William H. Steele on 10/25/10. (Steele, William)
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| Filing 98 MOTION for Extension of Time TO FILE DISPOSITIVE MOTIONS, MOTION for Extension of Time to File by Park City Water Authority. (Cooper, Algernon) |
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Filing 97
Order on re #92 & #96 MOTIONS for Summary Judgment - setting response time as follows: Response to S/J due by 11/19/2010. Replies to Response to S/J due by 12/6/2010. Motion to be taken under submission on 12/6/2010. Signed by Chief Judge William H. Steele on 10/22/10. Copies to parties. (mpp)
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| Filing 96 MOTION for Summary Judgment and Supporting Brief by North Fork Defendants by BREC Development, LLC, Robert Field, Highland Mortgage Company, Inc., Steven Hydinger, Eric Lipp, North Fork Apartments, L.P., Spitfire Funding, LLP, Spitfire Realty, LLC. (Attachments: #1 Exhibit Exhibits A - P, #2 Text of Proposed Order Proposed Order) (Smalley, Jack) |
| Filing 95 Proposed Findings of Fact re #92 MOTION for Summary Judgment by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips filed by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Potts, Charles) |
| Filing 94 Brief filed by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips in Support of Motion for Summary Judgment filed by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Potts, Charles) |
| Filing 93 NOTICE of Filing Exhibits in Support of Motion for Summary Judgment by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips filed by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I, #9 Exhibit K) (Potts, Charles) |
| Filing 92 MOTION for Summary Judgment by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Attachments: #1 Text of Proposed Order Final Judgment) (Potts, Charles) |
| Filing 91 MOTION for Extension of Time (Summary Judgment Deadline) by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
| Filing 90 Notice of Filing Notice of Service of Supplemental Initial Disclosure Documents filed by North Fork Apartments, L.P.. (Smalley, Jack) |
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Filing 89
Order setting this action for Mediation on 11/4/2010 09:00 AM in Chambers before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 10/14/10. (tgw)
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| Filing 88 Position Regarding Settlement (Parties) filed by Fred Small, Lon Johnston, Ron Scott, Bob Segalla, Daniel Lyndall, Rob McElroy, Drew Klumpp, Utilities Board of the City of Daphne. (Rutens, Andrew) |
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Filing 87
ORDER denying #84 Motion for Discovery & granting in part and denying in part #85 Motion to Quash as set out. North Forks request #86 that Park Citys duces tecum requests be stricken as untimely is hereby GRANTED. Signed by Magistrate Judge Katherine P. Nelson on 9/24/10. Copies to parties. (mpp)
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| Filing 86 RESPONSE to Motion re: #84 Second MOTION for Discovery Court Intervention (Opposition to Request for Extension of Time) filed by North Fork Apartments, L.P.. (Smalley, Jack) |
| Filing 85 Emergency MOTION to Quash Depositions by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Potts, Charles) |
| Filing 84 Second MOTION for Court Intervention, or Alternatively, for Extension of Time to File Written Discovery by Park City Water Authority. (Attachments: #1 Exhibit EX 1 SMALLEY DUCES TECUM LTR, #2 Exhibit EX 2 DISC DATE SETTING EMAILS, #3 Exhibit EX 3 POTTS LETTER, #4 Exhibit EX 4 ARWA 30(B)(6) ADJOURNED DEPOSITION) (Cooper, Algernon) Modified on 9/23/2010 (tgw). (Attachment 2 replaced on 9/27/2010) (tgw). |
| Filing 83 Notice of Filing 1. Renotice of Deposition of John Phelan 2.Re-Notice of Deposition of David White 3. Re-Notice of Deposition of Gloria Fleeton filed by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
| Filing 82 NOTICE by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne of Discovery Service on Defendants' Supplemental Initial Disclosures (Rutens, Andrew) |
| Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Telephone Conference held on 9/16/2010. (srr) Modified on 9/17/2010 (srr). |
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Filing 81
ENDORSED ORDER DENYING #80 Motion to Clarify or to Extend. At the discovery hearing the parties indicated that the sole purpose for seeking an extension of the discovery deadline was to complete depositions which were identified by the parties at the hearing. Signed by Magistrate Judge Katherine P. Nelson on 9/7/10. (Nelson, Katherine)
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| Filing 80 MOTION to Clarify or Extend Time by Park City Water Authority. (Cooper, Algernon) |
| Filing 79 RESPONSE to #77 Brief, #75 Order Extending Scheduling Order Deadlines,, filed by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
| Filing 78 Notice of Filing Interrogatories, Request for Admis, Request for Prod filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 77 Brief filed by Park City Water Authority re #75 Order Extending Scheduling Order Deadlines,, SUPPLEMENTAL BRIEF filed by Park City Water Authority. (Attachments: #1 Exhibit EX A, #2 Exhibit EX B, #3 Exhibit EX C, #4 Exhibit EX D) (Cooper, Algernon) |
| Filing 76 Notice of Filing Third Amended Notice of Video Deposition Park City 30b6; Second Amended Notice of Video Deposition of Gloria Fleeton; Second Amended Notice of Video Deposition of David White; Second Amended Notice of Video Deposition of Stacy Quaites; Second Amended Notice of Video Deposition of John Phelan filed by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
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Filing 75
Order Extending Scheduling Order Deadlines: Discovery cutoff 10/1/2010. Motions due by 10/22/2010. Position Regarding Settlement due by 10/1/2010. The parties are directed to file supplemental briefs on the issue of plaintiffs desire to depose Daphne Utilities Board attorney Jerry Speegle as follows: plaintiffs brief due by August 30, 2010; defendants brief due by September 3, 2010. Motions #70 , #71 & #74 are MOOT. Signed by Magistrate Judge Katherine P. Nelson on 8/26/10. Copies to parties on 8/27/10. (mpp)
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| Filing 74 MOTION to Quash Deposition and for Protective Order by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Attachments: #1 Exhibit A) (Rutens, Andrew). Added MOTION for Protective Order on 8/25/2010 (tgw). |
| Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Motion Hearing held on 8/25/2010 re MOTION to Quash filed by Park City Water Authority, #70 MOTION to Quash and for Protective Order filed by Bob Segalla, Fred Small, Rob McElroy, Lon Johnston, Ron Scott, Utilities Board of the City of Daphne, Daniel Lyndall, Drew Klumpp, #74 MOTION to Quash Deposition and for Protective Order MOTION for Protective Order filed by Bob Segalla, Fred Small, Rob McElroy, Lon Johnston, Ron Scott, Utilities Board of the City of Daphne, Daniel Lyndall, Drew Klumpp. Attorney A J Cooper, Jack Smalley III, Andrew Rutens and Charles Potts participated FTR Digital Audio Recording. (srr) |
| Filing 73 RESPONSE in Opposition re #70 MOTION to Quash and for Protective Order, MOTION to Quash and Reply to Plaintiff's Opposition to Defendants' Motion to Quash and Protective Order filed by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (Rutens, Andrew) |
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Filing 72
Order re: #70 MOTION to Quash and for Protective Order & #71 Motion to Quash. Motion Hearing set for 8/25/2010 10:00 AM in Courtroom 2C before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 8/23/10. (tgw)
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| Filing 71 RESPONSE in Opposition re #70 MOTION to Quash and for Protective Order filed by Park City Water Authority. (Attachments: #1 Exhibit EX 1, #2 Exhibit EX 2, #3 Exhibit EX 3, #4 Exhibit EX 4) (Cooper, Algernon) |
| MOTION to Quash and for Protective Order by Park City Water Authority. (SEE IMAGE AT DOC. #71 ) (tgw) |
| Filing 70 MOTION to Quash and for Protective Order by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (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) (Rutens, Andrew) |
| Filing 69 Notice of Filing Second Amended Notice of Video Deposition Pursuant to Federal Rules of Civil Procedure 30(b)(6) and 30(b)(5) filed by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
| Filing 68 NOTICE by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne of Discovery Service on Amended Notices of Video Depositions (Rutens, Andrew) |
| Filing 67 NOTICE by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne of Discovery Service on Amended Notices of Depositions (Rutens, Andrew) |
| Filing 66 NOTICE by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne of Discovery on Notices of Depositions (Rutens, Andrew) |
| Filing 65 Notice of Filing Req. For Prod. filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 64 Notice of Filing Req. For Prod. filed by Park City Water Authority. (Cooper, Algernon) |
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Filing 63
ORDER granting #61 Motion to Withdraw as Attorney. Attorney James D. Sears terminated as counsel for plaintiff. Signed by Magistrate Judge Katherine P. Nelson on 7/19/10. (tgw)
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| Filing 62 Notice of Filing response to def ARWA Interrogs filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 61 MOTION for James D. Sears to Withdraw as Attorney for Plaintiff by Park City Water Authority. (Sears, James) |
| Filing 60 Notice of Filing PCWA RESP TO RFP DAPHNE filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 59 Notice of Filing FRCP 26(A)(1) INIT DISCLOSURE filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 58 Amended ANSWER to Complaint (Plaintiff's First Amended) by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
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Filing 57
Order granting the #53 MOTION for Leave to File Amended Answer filed by Bob Segalla, Fred Small, Rob McElroy, Lon Johnston, Ron Scott, Utilities Board of the City of Daphne, Daniel Lyndall, Drew Klumpp. The Board defendants are ordered by 6/1/2010 to file their amended answer. Signed by Chief Judge William H. Steele on 5/26/10. (tgw)
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| Filing 56 RESPONSE in Opposition re #53 MOTION for Leave to File Amended Answer filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 55 Notice of Filing Defts' Interrogatories and Request for Production to Plaintiff filed by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Potts, Charles) |
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Filing 54
Order re: #53 MOTION for Leave to File Amended Answer filed by Bob Segalla, Fred Small, Rob McElroy, Lon Johnston, Ron Scott, Utilities Board of the City of Daphne, Daniel Lyndall, Drew Klumpp. Responses due by 5/24/2010. Signed by Chief Judge William H. Steele on 5/17/10. (tgw)
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| Filing 53 MOTION for Leave to File Amended Answer by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Attachments: #1 Exhibit A) (Rutens, Andrew) |
| Filing 52 ANSWER to #4 Amended Complaint by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Potts, Charles) |
| Filing 51 NOTICE of Appearance by Charles J. Potts on behalf of Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips (Potts, Charles) |
| Filing 50 NOTICE by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne of Discovery Service on Defendants' Interrogatories and Request for Production to Plaintiff (Rutens, Andrew) |
| Filing 49 NOTICE by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne of Discovery Service on Defendants' Initial Disclosures (Rutens, Andrew) |
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Filing 48
SCHEDULING ORDER: Pretrial Conference set for 1/18/2011 10:30 AM in Chambers before Chief Judge William H. Steele. Amended Pleadings due by 5/15/2010. Discovery cutoff 9/1/2010. Motions due by 9/22/2010. Jury Selection set for 2/1/2011 08:45 AM in Courtroom 2A before Chief Judge William H. Steele. Trial to be set during the month of February 2011. Position Regarding Settlement due by 9/1/2010. Signed by Magistrate Judge Katherine P. Nelson on 3/11/10. (Attachments: #1 Standing Pretrial Order) (tgw)
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| Filing 47 NOTICE of Appearance by Thomas O. Gaillard, III on behalf of Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne (Gaillard, Thomas) |
| Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Scheduling Conference held on 3/11/2010. (srr) |
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Filing 46
Order re: #45 Supplement to Rule 26(f) Report, Scheduling Conference set for 3/11/2010 10:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 3/5/10. (srr)
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| Filing 45 Supplement to #43 Report of Rule 26(f) Planning Meeting of the Parties. (Rutens, Andrew) |
| Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Scheduling Conference held on 2/26/2010. A.J. Cooper, Jack Smalley, Andrew Rutens & Margaret Miller presentFTR Digital Audio Recording. (srr) |
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Filing 44
Order re: #43 Report of Rule 26(f) Planning Meeting setting a Scheduling Conference for 2/26/2010 at 2:00 PM in Courtroom 2C before Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 2/19/2010. Copies to parties. (mpp)
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| Filing 43 REPORT of Rule 26(f) Planning Meeting of the Parties. (Rutens, Andrew) |
| Filing 42 Notice of Filing Notice of Deposition filed by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
| Filing 41 ANSWER to #4 Amended Complaint by Lon Johnston, Drew Klumpp, Daniel Lyndall, Rob McElroy, Ron Scott, Bob Segalla, Fred Small, Utilities Board of the City of Daphne. (Rutens, Andrew) |
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Filing 40
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 2/11/2010. Signed by Magistrate Judge Katherine P. Nelson on 12/28/09. (Attachments: #1 Consent Form) (tgw)
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| Filing 39 ANSWER to #4 Amended Complaint by BREC Development, LLC, Robert Field, Highland Mortgage Company, Inc., Steven Hydinger, Eric Lipp, North Fork Apartments, L.P., Spitfire Funding, LLP, Spitfire Realty, LLC. (Smalley, Jack) |
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Filing 38
ORDER denying #30 Motion for Reconsideration of District Judge Order. Signed by Judge William H. Steele on 12/14/09. (tgw)
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| Filing 37 RESPONSE in Opposition re #30 MOTION for Reconsideration of District Judge Order on Defedants' Motion to Dismiss filed by Park City Water Authority. (Cooper, Algernon) |
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Filing 36
ENDORSED ORDER granting #35 Plaintiff's Motion for Extension of Time to File Response. Signed by Judge William H. Steele on 12/1/09. (Steele, William)
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| Filing 35 Second MOTION for Extension of Time to File Response/Reply as to #32 Order, Set Motion Deadlines/Hearings by Park City Water Authority. (Cooper, Algernon) |
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Filing 34
ENDORSED ORDER granting #33 Plaintiff's Motion for Extension of Time to File Response. Signed by Judge William H. Steele on 11/16/09. (Steele, William)
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| Filing 33 MOTION for Extension of Time to File Response/Reply as to #32 Order, Set Motion Deadlines/Hearings by Park City Water Authority. (Cooper, Algernon) |
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Filing 32
Order re: #30 MOTION for Reconsideration of Order on Defedants' Motion to Dismiss filed by the North Fork defendants. Responses due by 11/18/2009. Signed by Judge William H. Steele on 11/4/09. (tgw)
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| Filing 31 Brief re #30 MOTION for Reconsideration of District Judge Order on Defedants' Motion to Dismiss. (Smalley, Jack) |
| Filing 30 MOTION for Reconsideration of District Judge Order on Defedants' Motion to Dismiss by Steven Hydinger, BREC Development, LLC, Eric Lipp, Spitfire Funding, LLP, Spitfire Realty, LLC, Robert Field, Highland Mortgage Company, Inc., North Fork Apartments, L.P.. (Smalley, Jack) |
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Filing 29
ORDER granting in part and denying in part #8 Motion to Dismiss; granting in part and denying in part #11 Motion to Dismiss; granting in part and denying in part #13 Motion to Dismiss. Signed by Judge William H. Steele on 10/21/09. (tgw)
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| Filing 28 REPLY Brief filed by Defendants Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips re: #20 Response in Opposition to Motion filed by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Miller, Margaret) |
| Filing 27 RESPONSE to #18 Response in Opposition to Motion, To Dismiss filed by Steven Hydinger, BREC Development, LLC, Eric Lipp, Spitfire Funding, LLP, Spitfire Realty, LLC, Robert Field, Highland Mortgage Company, Inc., North Fork Apartments, L.P.. (Smalley, Jack) |
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Filing 26
Order granting the plaintiff's #17 , #19 & #21 Motions for leave to file out of time its opposition to the motions to dismiss. The defendants' Reply Briefs in support of their motions are due by 8/4/2009. Signed by Judge William H. Steele on 7/28/09. (tgw)
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| Filing 25 REPLY Brief filed by Defendants Drew Klumpp, Fred Small, Bob Segalla, Utilities Board of the City of Daphne, Ron Scott, Lon Johnston, Rob McElroy, Daniel Lyndall re: #22 Response to Motion filed by Plaintiff in Opposition to Defendants' Motion to Dismiss filed by Drew Klumpp, Fred Small, Bob Segalla, Utilities Board of the City of Daphne, Ron Scott, Lon Johnston, Rob McElroy, Daniel Lyndall. (Rutens, Andrew) |
| Filing 24 NOTICE of Appearance by Mack B. Binion on behalf of Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips (Binion, Mack) |
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Filing 23
Order re: #17 , #19 , #21 MOTIONS for Leave to File out of time its opposition to the defendants' motions to dismiss filed by Park City Water Authority. Response to these motions are due by 7/27/2009. Signed by Judge William H. Steele on 7/20/09. (tgw)
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| Filing 22 RESPONSE to Motion re: #11 MOTION to Dismiss filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 21 MOTION for Leave to File Out Of Time by Park City Water Authority. (Cooper, Algernon) |
| Filing 20 RESPONSE in Opposition re #13 MOTION to Dismiss Al Rural Water Sys. Motion to Dismiss filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 19 MOTION for Leave to File Out Of Time by Park City Water Authority. (Cooper, Algernon) |
| Filing 18 RESPONSE in Opposition re #8 MOTION to Dismiss and Supporting Brief filed by North Fork Apartments, L.P., BREC Development, LLC, Spitfire Funding, LLP, Spitfire Realty, LLC, Highland Mortgage Company, Inc., Eric Lipp, Steven Hydinger and Robert Field filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 17 MOTION for Leave to File Opposition to NFA Motion to Dismiss by Park City Water Authority. (Cooper, Algernon) |
| Filing 16 NOTICE of Appearance by Alicia Marie Jacob on behalf of Drew Klumpp, Fred Small, Bob Segalla, Utilities Board of the City of Daphne, Ron Scott, Lon Johnston, Rob McElroy, Daniel Lyndall (Jacob, Alicia) |
| Filing 15 This action has been transferred from the docket of Magistrate Judge Bert W. Milling, Jr and is now assigned to the docket of Magistrate Judge Katherine P. Nelson. To ensure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix WS-N after the case number on all future pleadings. (clr) |
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Filing 14
Order Setting Motion Deadline re: #8 MOTION to Dismiss, #11 MOTION to Dismiss and #13 MOTION to Dismiss - Responses due by 6/19/2009. Replies due by 6/26/2009. Motions to be taken under submission on 6/27/2009. Signed by Judge William H. Steele on 6/4/09. (mpp)
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| Filing 13 MOTION to Dismiss and Memorandum in Support by Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips. (Miller, Margaret) Modified on 6/4/2009 (tgw). |
| Filing 12 Memorandum in Support re #11 MOTION to Dismiss filed by Drew Klumpp, Fred Small, Bob Segalla, Utilities Board of the City of Daphne, Ron Scott, Lon Johnston, Rob McElroy, Daniel Lyndall. (Attachments: #1 Exhibit A) (Rutens, Andrew) |
| Filing 11 MOTION to Dismiss by Drew Klumpp, Fred Small, Bob Segalla, Utilities Board of the City of Daphne, Ron Scott, Lon Johnston, Rob McElroy, Daniel Lyndall. (Rutens, Andrew) |
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Filing 10
Order re: #8 MOTION to Dismiss filed by North Fork Apartments, L.P., BREC Development, LLC, Spitfire Funding, LLP, Spitfire Realty, LLC, Highland Mortgage Company, Inc., Eric Lipp, Steven Hydinger and Robert Field. Responses due by 6/17/2009, Replies due by 6/24/2009. Signed by Judge William H. Steele on 6/3/09. (tgw)
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| Filing 9 SUMMONS Returned Executed by Park City Water Authority. Drew Klumpp served on 5/13/2009, answer due 6/2/2009; Fred Small served on 5/13/2009, answer due 6/2/2009; Alabama Rural Water Association, Inc. served on 5/14/2009, answer due 6/3/2009; Kathy B. Horne served on 5/14/2009, answer due 6/3/2009; Catherine Phillips served on 5/14/2009, answer due 6/3/2009; Steven Hydinger served on 5/14/2009, answer due 6/3/2009; BREC Development, LLC served on 5/15/2009, answer due 6/4/2009; Eric Lipp served on 5/15/2009, answer due 6/4/2009; Spitfire Funding, LLP served on 5/15/2009, answer due 6/4/2009; Spitfire Realty, LLC served on 5/14/2009, answer due 6/3/2009; Robert Field served on 5/15/2009, answer due 6/4/2009; Highland Mortgage Company, Inc. served on 5/15/2009, answer due 6/4/2009; North Fork Apartments, L.P. served on 5/14/2009, answer due 6/3/2009; Utilities Board of the City of Daphne served on 5/21/2009, answer due 6/10/2009; Daniel Lyndall served on 5/13/2009, answer due 6/2/2009. (Sears, James) |
| Filing 8 MOTION to Dismiss and Supporting Brief filed by North Fork Apartments, L.P., BREC Development, LLC, Spitfire Funding, LLP, Spitfire Realty, LLC, Highland Mortgage Company, Inc., Eric Lipp, Steven Hydinger and Robert Field by North Fork Apartments, L.P.. (Smalley, Jack) |
| Filing 7 Summons Issued as to Utilities Board of the City of Daphne. (Summons mailed to Mr. Sears for service) (tgw) |
| Filing 6 NOTICE of Filing Proposed Summons by Park City Water Authority (Sears, James) |
| Filing 5 Summons Issued as to Drew Klumpp, Fred Small, Alabama Rural Water Association, Inc., Kathy B. Horne, Catherine Phillips, Steven Hydinger, BREC Development, LLC, Eric Lipp, Spitfire Funding, LLP, Spitfire Realty, LLC, Robert Field, Highland Mortgage Company, Inc., Bob Segalla, North Fork Apartments, L.P., Utilities Board of the City of Daphne, Ron Scott, Lon Johnston, Rob McElroy, Daniel Lyndall. (Summons mailed to Mr. Sears for service) (tgw) |
| Filing 4 AMENDED COMPLAINT against all defendants, filed by Park City Water Authority. (Cooper, Algernon) |
| Filing 3 NOTICE of Filing Proposed Summons by Park City Water Authority (Sears, James) |
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Filing 2
Service Order entered 5/4/2009. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 6/18/2009. Signed by Judge William H. Steele on 5/4/09. (tgw)
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| Filing 1 COMPLAINT against all defendants ( Filing fee $350 receipt number 11280000000000775872, Online Credit Card Payment), filed by Park City Water Authority. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Sears, James) (Additional attachment(s) added on 5/4/2009: #9 Civil Cover Sheet) (tgw). |
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