Fick v. State Of Alabama et al
Plaintiff: Daniel Hassan Fick
Defendant: State Of Alabama, Mobile County Public School System, Alabama State Board of Education and Board of School Commissioners of Mobile County
Case Number: 1:2018cv00008
Filed: January 9, 2018
Court: US District Court for the Southern District of Alabama
Office: Mobile Office
County: Mobile
Presiding Judge: Callie V S Granade
Referring Judge: Terry F Moorer
2 Judge: P Bradley Murray
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2018 Opinion or Order Filing 54 JUDGMENT it is ORDERED, ADJUDGED, and DECREED that this action is herebyDISMISSED with prejudice. Signed by District Judge Terry F. Moorer on 12/27/2018. (copy to Pltf via e-mail) (mab) Modified on 12/27/2018 (mab).
December 27, 2018 Opinion or Order Filing 53 ORDER ADOPTING #51 Report and Recommendation. Defendants' Motions to Dismiss (Docs. #39 , #41 ) are GRANTED, Plaintiff's Motion for Equitable Tolling (Doc. #50 is DENIED, and this action is DISMISSED with prejudice. Signed by District Judge Terry F. Moorer on 12/27/2018. (copy to Pltf via e-mail) (mab) Modified on 12/27/2018 (mab).
October 12, 2018 Filing 52 Objection filed by Daniel Hassan Fick. (Fick, Daniel)
September 28, 2018 Filing 51 REPORT AND RECOMMENDATION recommending that Dfts' #39 MOTION to Dismiss, #41 MOTION to Dismiss be GRANTED as set out, & Plf's #4 Amended Complaint should be DISMISSED W/PREJUDICE. Plf's #50 MOTION for Equitable Tolling should be stricken as set out. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge P. Bradley Murray on 9/28/18. (copy mailed to Plf on 9/28/18) (tot)
September 28, 2018 MOTIONS REFERRED: #50 MOTION for Equitable Tolling referred to Judge P. Bradley Murray. (tot)
September 27, 2018 Filing 50 MOTION for Equitable Tolling filed by Plaintiff Daniel Hassan Fick. (Fick, Daniel) Modified on 9/28/2018 (tot).
September 24, 2018 Opinion or Order Filing 49 TEXT-ONLY ORDER: Attorney John Mark Padgett's #47 Motion to Withdraw as Counsel of Record for Alabama State Department of Education is GRANTED. Signed by District Judge Terry F. Moorer on 09/24/2018. (mab)
September 24, 2018 Filing 48 NOTICE of Appearance by Jonathan Jason Swann on behalf of Alabama State Board of Education (Swann, Jonathan)
September 24, 2018 Filing 47 MOTION for John Mark Padgett to Withdraw as Attorney by Alabama State Board of Education. (Padgett, John)
September 21, 2018 REFERRAL OF #46 Response in Opposition to #41 Motion to Dismiss Plaintiff's Amended Complaint to Judge Murray. (mab)
September 19, 2018 Filing 46 RESPONSE in Opposition re #41 MOTION to Dismiss Plaintiff's Amended Complaint filed by Daniel Hassan Fick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Fick, Daniel)
September 18, 2018 REFERRAL OF #45 Response in Opposition to Motion to Dismiss to Judge Murray. (tot)
September 17, 2018 Filing 45 RESPONSE in Opposition re #39 MOTION to Dismiss filed by Daniel Hassan Fick. (Fick, Daniel)
August 30, 2018 Filing 44 Case Reassigned to District Judge Terry F. Moorer. Senior Judge Callie V. S. Granade no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix TM-MU after the case number on all future pleadings. (nah)
August 29, 2018 Opinion or Order Filing 43 Order re: #41 MOTION to Dismiss Plaintiff's Amended Complaint filed by Board of School Commissioners of Mobile County. Motion to be taken under submission on 9/27/2018. Responses due by 9/19/2018 Replies due by 9/26/2018. Signed by Magistrate Judge P. Bradley Murray on 8/29/18. (copy mailed to Plf on 8/29/18) (tot)
August 28, 2018 Filing 42 Brief filed by Board of School Commissioners of Mobile County re #41 MOTION to Dismiss Plaintiff's Amended Complaint filed by Board of School Commissioners of Mobile County. (Walsh, Edgar)
August 28, 2018 Filing 41 MOTION to Dismiss Plaintiff's Amended Complaint by Board of School Commissioners of Mobile County. (Walsh, Edgar)
August 28, 2018 MOTIONS REFERRED: #41 MOTION to Dismiss Plaintiff's Amended Complaint & #42 Brief in Support of Motion to Dismiss referred to Judge P. Bradley Murray. (tot)
August 27, 2018 Opinion or Order Filing 40 Order re: Alabama State Board of Education's #39 MOTION to Dismiss. Motion to be taken under submission on 9/25/2018. Plf's response due by 9/17/2018. Dft's reply due by 9/24/2018. Signed by Magistrate Judge P. Bradley Murray on 8/27/18. (copy mailed to Plf on 8/27/18) (tot)
August 24, 2018 Filing 39 MOTION to Dismiss by Alabama State Board of Education. (Padgett, John)
August 24, 2018 MOTIONS REFERRED: #39 MOTION to Dismiss referred to Judge P. Bradley Murray. (tot)
August 20, 2018 Filing 38 SUMMONS Returned Executed, Alabama State Board of Education served on 8/17/2018, answer due 9/7/2018 (tot)
August 17, 2018 Filing 37 SUMMONS Returned Executed, Board of School Commissioners of Mobile County served on 8/16/2018, answer due 9/6/2018 (tot)
August 15, 2018 Filing 36 Summonses Issued as to Alabama State Board of Education, and Board of School Commissioners of Mobile County via certified mail. (Attachment: #1 Certified Mail Receipts) (mab)
August 9, 2018 Filing 35 AMENDED COMPLAINT against Mobile County Public School System, Alabama State Board of Education, Board of School Commissioners of Mobile County, filed by Daniel Hassan Fick. (mab)
July 23, 2018 Opinion or Order Filing 34 Order re: Plf's #33 MOTION for Leave to File Amended Complaint. Unless Dft files a response in opposition NLT 7/27/2018, motion will be granted without further action or order as set out. Signed by Magistrate Judge P. Bradley Murray on 7/23/18. (copy mailed to Plf on 7/23/18) (tot)
July 20, 2018 MOTIONS REFERRED: #33 Proposed MOTION for Leave to File Amended Complaint Referred to Judge P. Bradley Murray. (mab)
July 17, 2018 REFERRAL OF #33 MOTION for Leave to File Amended Complaint to Judge Granade. (tot)
July 16, 2018 Filing 33 MOTION for Leave to File Amended Complaint by Daniel Hassan Fick. (Attachments: #1 Supplement Amended Complaint) (Fick, Daniel) Modified on 7/17/2018 (tot).
July 9, 2018 Filing 32 NOTICE by Mobile County Public School System of Submission of Initial Disclosures (Walsh, Edgar)
July 3, 2018 Filing 31 Initial Disclosures by Daniel Hassan Fick. (Fick, Daniel) Modified on 7/3/2018 (tot).
May 22, 2018 Opinion or Order Filing 30 SCHEDULING ORDER: Pretrial Conference set for 2/11/2019 at 02:00 PM before Senior Judge Callie V. S. Granade. Amended Pleadings due by 7/16/2018. Discovery cutoff 10/1/2018. Motions due by 10/15/2018. Bench Trial set during the month of March 2019, the specific date to be set at the Final Pretrial Conference. ETT 1-2 Days. Position Regarding Settlement due by 10/1/2018. Signed by Magistrate Judge P. Bradley Murray on 5/22/18. (Attachment: #1 Standing Order Governing Final Pretrial Conferences) (tot) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
May 22, 2018 Minute Entry for proceedings held before Magistrate Judge P. Bradley Murray: Scheduling Conference held on 5/22/2018. (Digital Court Recording) (eec)
May 14, 2018 Opinion or Order Filing 28 ORDER ADOPTING #25 REPORT AND RECOMMENDATION. State of Alabama's #20 MOTION to Dismiss is GRANTED on the basis that Plf has failed to state a claim upon which relief can be granted against the movant. Signed by Senior Judge Callie V. S. Granade on 5/14/18. (copy mailed to Plf on 5/14/18) (tot)
May 7, 2018 Opinion or Order Filing 27 Order, Scheduling Conference set for 5/22/2018 at 02:00 PM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge P. Bradley Murray. Signed by Magistrate Judge P. Bradley Murray on 5/7/18. (copy mailed by first class mail & e-mailed to Plf on 5/7/18) (tot)
May 3, 2018 REFERRAL OF #26 Report of Rule 26(f) Planning Meeting to Judge Murray. (tot)
May 2, 2018 Filing 26 REPORT of Rule 26(f) Planning Meeting . (Walsh, Edgar)
April 25, 2018 Filing 25 REPORT AND RECOMMENDATION recommending that the State of Alabama's #20 MOTION to Dismiss be GRANTED as set out. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge P. Bradley Murray on 4/25/18. (tot)
April 16, 2018 Filing 24 RESPONSE to Motion re: #20 MOTION to Dismiss filed by Daniel Hassan Fick. (Fick, Daniel)
April 16, 2018 REFERRAL OF #24 Response to Motion to Dismiss to Judge Murray. (tot)
March 30, 2018 Opinion or Order Filing 23 ORDER, GRANTING #22 Motion for Extension of Time in which to file Rule 26(f) report, and extending deadline to file Rule 26 Meeting Report to 5/2/2018. Signed by Magistrate Judge P. Bradley Murray on 03/30/2018. (copy to Pltf) (mab)
March 29, 2018 Filing 22 MOTION for Extension of Time in which to File FRCP 26(f) Report by Mobile County Public School System. (Walsh, Edgar
March 29, 2018 MOTIONS REFERRED: #22 MOTION for Extension of Time to File FRCP 26(f) Report referred to Judge P. Bradley Murray. (tot)
March 27, 2018 Opinion or Order Filing 21 Order re: State of Alabama's #20 MOTION to Dismiss. Motion to be taken under submission on 4/25/2018. Plf's response due by 4/17/2018. State's reply due by 4/24/2018. Signed by Magistrate Judge P. Bradley Murray on 3/27/18. (tot)
March 26, 2018 Filing 20 MOTION to Dismiss by State Of Alabama. (Bledsoe, Jason)
March 26, 2018 MOTIONS REFERRED: #20 MOTION to Dismiss referred to Judge P. Bradley Murray. (tot)
March 13, 2018 Filing 19 Brief re: Preliminary Injunction filed by Daniel Hassan Fick . (Fick, Daniel) Modified on 3/13/2018 (tot).
March 13, 2018 REFERRAL OF #19 Brief re: Preliminary Injunction to Judge Granade. (tot)
March 7, 2018 Filing 18 SUMMONS Returned Executed, State Of Alabama served on 3/5/2018, answer due 3/26/2018 (tot)
February 27, 2018 Filing 17 Mail Returned (Insufficient Postage) as to State of Alabama re: #14 Summons Issued. (Re-mailed via certified mail on 2/27/18; cert. mail receipt attached to Doc. #14 ) (tot)
February 27, 2018 Opinion or Order Filing 16 ORDER DENYING Plf's #15 Motion for TRO as set out. Signed by Senior Judge Callie V. S. Granade on 2/27/18. (copy mailed to Plf on 2/27/18) (tot)
February 26, 2018 REFERRAL OF #15 MOTION for Temporary Restraining Order to Judge Granade. (tot)
February 25, 2018 Filing 15 MOTION for Temporary Restraining Order by Daniel Hassan Fick. (Attachments: #1 Exhibit Copy of warrant issued by District Attorney) (Fick, Daniel)
February 15, 2018 Filing 14 Summons Issued as to State Of Alabama. (Attachment: #1 Cert. Mail Receipt) (tot) (Additional attachment(s) added on 2/27/2018: #2 Cert. Mail Receipt) (tot).
February 15, 2018 Opinion or Order Filing 13 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 4/2/2018. Signed by Magistrate Judge P. Bradley Murray on 2/15/18. (Attachment: #1 Consent to Jurisdiction by a U.S. Magistrate Judge) (tot)
February 14, 2018 Filing 12 Defendant's ANSWER to #1 Complaint by Mobile County Public School System. (Walsh, Edgar)
February 14, 2018 Filing 11 REPLY to #9 Order, Set Deadlines,, filed by Daniel Hassan Fick. (Fick, Daniel)
February 14, 2018 Filing 10 REPLY to #9 Order, Set Deadlines filed by Daniel Hassan Fick. (Unsigned; Refiled @ Doc. #11 ) (Fick, Daniel) Modified on 2/14/2018 (tot).
February 14, 2018 REFERRAL OF #11 Reply to Order to Judge Murray. (tot)
February 9, 2018 Opinion or Order Filing 9 Order, Plf is to provide this Court w/a valid address for the named Dft State of Alabama NLT 2/23/2018. The Clerk will then be directed to serve the State of Alabama at this valid address, by certified mail, before any direction is given to the U. S. Marshal for the Southern District of Alabama to serve process. Signed by Magistrate Judge P. Bradley Murray on 2/9/18. (copy mailed to Plf on 2/9/18) (tot)
February 7, 2018 Filing 8 Return of Service Unexecuted as to State Of Alabama (envelope marked invalid address); referred to Judge Murray (mab)
January 26, 2018 Filing 7 Return of Service Executed, Mobile County Public School System served on 1/24/2018, answer due 2/14/2018. (tot)
January 23, 2018 Filing 6 Summonses Issued via certified mail to Mobile County Public School System and State Of Alabama. (Attachment: #1 Certified Mail Receipts) (mab)
January 23, 2018 Opinion or Order Filing 5 ORDER, GRANTING #2 Motion for Leave to Proceed without Prepayment of Fees and Costs, and directing the Clerk to service Defendants. The United States Marshal is directed to serve process should the Clerk's attempt to perfect service by certified mail prove ineffective. Signed by Magistrate Judge P. Bradley Murray on 01/23/2018. (copy to Pltf) (mab)
January 18, 2018 Filing 4 AMENDED COMPLAINT against Mobile County Public School System, State Of Alabama filed by Daniel Hassan Fick. (Referred to MJ/Murray on 1/19/18) (tot)
January 10, 2018 Opinion or Order Filing 3 Order, Plf is to refile his complaint, in its entirety, on or before 2/14/2018 as set out. The Clerk is DIRECTED to send Plf a copy of the Pro Se Litigation Guide, along w/the Order. Signed by Magistrate Judge P. Bradley Murray on 1/10/18. (copy mailed to Plf w/copy of Pro Se Litigation Guide on 1/11/18) (tot)
January 9, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis by Daniel Hassan Fick. (Referred to Judge P. Bradley Murray(PSU) on 1/9/18). (tot)
January 9, 2018 Filing 1 COMPLAINT against Mobile County Public School System, State Of Alabama filed by Daniel Hassan Fick. (Referred to MJ/Murray(PSU) on 1/9/18) (tot)

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Defendant: State Of Alabama
Represented By: Jason Matthew Bledsoe
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Defendant: Mobile County Public School System
Represented By: Edgar P. Walsh
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Defendant: Alabama State Board of Education
Represented By: John Mark Padgett
Represented By: Jonathan Jason Swann
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Defendant: Board of School Commissioners of Mobile County
Represented By: Edgar P. Walsh
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Plaintiff: Daniel Hassan Fick
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