BellSouth Telecommunications, LLC et al v. City of Daphne et al
| AT&T Corp., BellSouth Telecommunications, LLC and BellSouth Telecommunications, LLC doing business as AT&T Alabama |
| City of Daphne, Dane Haygood and Jeremy Sasser |
| 1:2018cv00335 |
| July 27, 2018 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Mobile |
| Terry F Moorer |
| Katherine P Nelson |
| Personal Property: Other |
| 28 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 34 Case re-assigned 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-N after the case number on all future pleadings. (mab) |
Filing 33
Consent Order Issuing Preliminary Injunction Based on Temporary Restraining Order, GRANTING #32 joint motion, entering preliminary injunction as set forth in Order, and CANCELLING preliminary injunction hearing scheduled for September 19, 2018. Signed by Senior Judge Callie V. S. Granade on 09/18/2018. (mab)
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| Filing 32 Joint MOTION for Preliminary Injunction Based on the Temporary Restraining Order and Consent Orders by All Defendants. (Attachments: #1 Exhibit Proposed Order) (Gaillard, Thomas) |
| MOTIONS REFERRED: #32 Joint MOTION to Issue a Preliminary Injunction Based on the Temporary Restraining Order and Consent Orders; Referred to Senior Judge Callie V. S. Granade. (mab) |
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Filing 31
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 10/15/2018. Signed by Magistrate Judge Katherine P. Nelson on 08/29/2018. (mab)
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Filing 30
Consent Order Entering Interim Injunctive Relief and Resetting Preliminary Injunction Hearing, GRANTING #27 Joint Motion, EXTENDING #8 Temporary Restraining Order until Wednesday, September 19, 2018 at 1:30 p.m., and RESCHEDULING preliminary injunction hearing for 9/19/2018 at 1:30 PM in US Courthouse, Courtroom 3B, 155 St. Joseph Street, Mobile, AL. Signed by Senior Judge Callie V. S. Granade on 08/29/2018. (mab)
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| Filing 29 ANSWER to #1 Complaint, by City of Daphne, Dane Haygood, Jeremy Sasser. (Gaillard, Thomas) |
| Filing 28 NOTICE of Endorsement by All Plaintiffs (Holmes, Jeffrey) |
| Filing 27 Joint MOTION to Continue Preliminary Injunction Hearing and Motion for Extension of Inerim Injunctive Relief by All Defendants. (Gaillard, Thomas) |
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Filing 26
Order, Defendants City of Daphne, Dane Haygood, and Jeremy Sasser are ORDERED to file their response to the complaint on or before 8/30/2018, or show cause why they have failed to comply with Rule 12(a) of the F.R.Civ.P. Signed by Senior Judge Callie V. S. Granade on 08/23/2018. (mab)
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Filing 25
CONSENT ORDER Entering Injunctive Relief and Resetting Preliminary Injunction Hearing, GRANTING Defendants' #20 Motion to Continue the Preliminary Injunction hearing pursuant to the parties' #24 joint consent; EXTENDING the #8 temporary restraining order against Defendant until Wednesday, September 5, 2018 at 1:30 p.m.; and RESCHEDULING preliminary injunction hearing for September 5, 2018 at 1:30 p.m., to be held in Courtroom 3B, United States Courthouse, Mobile, Alabama. Signed by Senior Judge Callie V. S. Granade on 08/08/2018. (mab)
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| Filing 24 Joint MOTION for Consent Decree Entering Interim Injunctive Relief and Resetting Preliminary Injunction Hearing by All Defendants. (Attachments: #1 Exhibit Consent Proposed Order) (Watts, William) |
| Filing 23 RESPONSE to Motion re: #20 MOTION to Continue Hearing on Preliminary Injunction filed by AT&T Corp., BellSouth Telecommunications, LLC. (Attachments: #1 Text of Proposed Order) (Breslin, Michael) |
| Filing 22 NOTICE of Appearance by Thomas O. Gaillard, III on behalf of All Defendants (Gaillard, Thomas) |
| Filing 21 NOTICE of Appearance by John C. Pipes on behalf of All Defendants (Pipes, John) |
| MOTIONS REFERRED: #20 MOTION to Continue Hearing on Preliminary Injunction Referred to Senior Judge Callie V. S. Granade. (mab) |
| REFERRAL OF #23 Response to #20 Motion to Continue Preliminary Injunction Hearing to Senior Judge Granade. (mab) |
| MOTIONS REFERRED: #24 Joint MOTION for Entry of Consent Order Entering Interim Injunctive Relief and Resetting Preliminary Injunction Hearing Referred to Senior Judge Callie V. S. Granade. (mab) |
| Filing 20 MOTION to Continue Hearing on Preliminary Injunction by All Defendants. (Watts, William) |
| Filing 19 NOTICE of Appearance by William W. Watts, III on behalf of All Defendants (Watts, William) |
| Filing 18 Document endorsed NOTED by Senior Judge Callie V. S. Granade: Corporate Disclosure Statement #15 filed by AT&T Corp., Corporate Disclosure Statement #16 filed by BellSouth Telecommunications, LLC (APG) |
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Filing 17
ORDER on #15 , #16 Corporate Disclosure Statement filed by AT&T Corp., filed by BellSouth Telecommunications, LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 08/06/2018. (Anthony, Porcha)
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| Filing 16 Corporate Disclosure Statement filed by Plaintiff BellSouth Telecommunications, LLC. (Attachments: #1 Supplement Disclosure Statement Attachment for BellSouth Telecommunications, LLC d/b/a AT&T Alabama) (Holmes, Jeffrey) |
| Filing 15 Corporate Disclosure Statement filed by Plaintiffs AT&T Corp., AT&T Inc. identifying Corporate Parent AT&T Inc. for AT&T Corp... (Attachments: #1 Supplement AT&T Corp. Disclosure Statement Attachment) (Holmes, Jeffrey) |
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Filing 14
ENDORSED ORDER granting #10 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Katherine P. Nelson on 08/01/2018. (Anthony, Porcha)
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Filing 13
ENDORSED ORDER granting #9 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Katherine P. Nelson on 08/01/2018. (Anthony, Porcha)
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| Filing 12 Returns of Service Executed City of Daphne served on 7/30/2018, answer due 8/20/2018; Dane Haygood served on 7/30/2018, answer due 8/20/2018; Jeremy Sasser served on 7/30/2018, answer due 8/20/2018. (mab) |
| Filing 11 Blank Disclosure Statement form issued to Plaintiffs AT&T Corp., BellSouth Telecommunications, LLC; Disclosure Statements due by 8/3/2018 pursuant to Civil L.R. 7.1. (mab) |
| Filing 10 MOTION for Stephanie Bedard to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2257875, Online Credit Card Payment.) by AT&T Corp., BellSouth Telecommunications, LLC. (Attachments: #1 Application for Admission, #2 Certificate of Good Standing) (Bedard, Stephanie) |
| Filing 9 MOTION for Michael Breslin to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2257870, Online Credit Card Payment.) by AT&T Corp., BellSouth Telecommunications, LLC. (Attachments: #1 Application for Admission, #2 Certificate of Good Standing) (Breslin, Michael) |
| MOTIONS REFERRED: #9 MOTION for Michael Breslin to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2257870, Online Credit Card Payment.), application and certificate of good standing; and #10 MOTION for Stephanie Bedard to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2257875, Online Credit Card Payment.), application and certificate of good standing; Referred to Judge Katherine P. Nelson. (mab) |
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Filing 8
TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING ON PRELIMINARY INJUNCTION, GRANTING Plaintiffs' #2 Motion for TRO; directing Defendants to (a) cease all efforts to remove, modify or destroy any of Plaintiffs' buried utility warning markers, and (b) refrain from any conduct that interferes with, modifies, removes or destroys any of Plaintiffs' buried utility warning markers; and setting preliminary injunction hearing for August 9, 2018 at 9:00 a.m., in US Courthouse, Courtroom 3B, 155 St. Joseph Street, Mobile, AL, at which time this TRO will expire unless extended by Court order. Signed by Senior Judge Callie V. S. Granade on 07/30/2018. (mab)
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| Filing 7 CERTIFICATE of Counsel Pursuant to Rule 65(b), by Jeffrey Edward Holmes on behalf of All Plaintiffs (Holmes, Jeffrey) Modified on 7/31/2018 (mab). |
| Filing 6 Service Notice issued 7/30/2018. Plaintiffs' notice of service attempts due by 9/13/2018 pursuant to Civil L.R. 4(3). (mab) |
| Filing 5 Summonses Issued as to City of Daphne, Dane Haygood, Jeremy Sasser. (Note to Counsel: The Summonses have been issued. Please print copies necessary for service.) (mab) |
| Filing 4 NOTICE of Filing Proposed Summons by All Plaintiffs (Holmes, Jeffrey) |
| Filing 3 This action has been transferred from the docket of Magistrate Judge Katherine P. Nelson and is now assigned to the docket of Senior Judge Callie V. S. Granade and Magistrate Judge Katherine P. Nelson. 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 CG-N after the case number on all future pleadings. (srr) |
| REFERRAL OF #2 MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Be Entered to Judge Granade. (tot) |
| REFERRAL OF #7 Counsel's Certification Pursuant to Rule 65(b) to Senior Judge Granade. (mab) |
| Filing 2 MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Be Entered by All Plaintiffs. (Attachments: #1 Affidavit Declaration of Dave Wright, #2 Affidavit Declaration of Wade Mitchell, #3 Affidavit Declaration of Glyn A. Agnew, #4 Affidavit Declaration of Mark F. McIntosh) (Holmes, Jeffrey). (Added MOTION for Preliminary Injunction on 7/30/2018) (tot). |
| Filing 1 COMPLAINT FOR EMERGENCY AND PERMANENT INJUNCTIVE RELIEF, DECLARATORY RELIEF, AND MONETARY DAMAGES against All Defendants ( Filing fee $400 receipt number 1128-2256567, Online Credit Card Payment), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet) (Holmes, Jeffrey) |
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