Heimkes v. Fairhope Motorcoach Resort Condominium Owners Ass'n
Plaintiff: Mark Heimkes
Defendant: Fairhope Motorcoach Resort Condominium Owners Association, Inc.
Case Number: 1:2022cv00448
Filed: November 9, 2022
Court: US District Court for the Southern District of Alabama
Presiding Judge: Bert W Milling
Referring Judge: Terry F Moorer
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2022 Opinion or Order REFERRAL OF #23 Post Hearing Brief & #24 MOTION for Judicial Notice to Judge Moorer. (tot)
December 19, 2022 Opinion or Order Filing 24 MOTION Judicial Notice re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mark Heimkes. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Eaton, Franklin)
December 16, 2022 Opinion or Order Filing 23 Brief filed by Mark Heimkes re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mark Heimkes. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5) (Eaton, Franklin)
December 16, 2022 Opinion or Order Filing 22 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Supplement Brief filed by Fairhope Motorcoach Resort Condominium Owners Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Nixon, Faith Ann)
December 16, 2022 Opinion or Order Filing 21 NOTICE of Filing Exhibits Admitted at Preliminary Injunction hearing on 12/12/22 (Attachment: Main Document: Plaintiff's Exhibits; #1 Defendant's Exhibits) (mab) (Main Document 21 replaced on 12/16/2022) (mab).
December 16, 2022 Opinion or Order Filing 20 AFFIDAVIT in Support re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mark Heimkes. (Eaton, Franklin)
December 16, 2022 Opinion or Order Filing 19 AFFIDAVIT in Support re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mark Heimkes. (Eaton, Franklin)
December 16, 2022 Opinion or Order REFERRAL OF #19 Affidavit of Bob Kunowski and #20 Affidavit of Mark Heimkes in Support of #2 Motion for Preliminary Injunction; and #22 Supplemental Response in Opposition to #2 Motion for Preliminary Injunction to Judge Moorer. (mab)
December 15, 2022 Opinion or Order Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/12/2022, PRELIMINARY INJUNCTION HEARING before Judge Terry F. Moorer. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days.. Notice of Transcript Redaction to be filed by 1/5/2023. Redaction Request due 1/5/2023. Redacted Transcript Deadline set for 1/15/2023. Release of Transcript Restriction set for 3/15/2023. (Isbell, Roy)
December 12, 2022 Opinion or Order Filing 17 NOTICE of Filing Exhibits by Mark Heimkes re: #16 Reply to Response to Motion (Eaton, Franklin)
December 12, 2022 Opinion or Order Minute Entry for proceedings held before District Judge Terry F. Moorer: Preliminary Injunction Hearing held on 12/12/2022. Court Reporter Roy Isbell. The parties' post hearing briefs and case law as set forth on the record are to be filed with the Court no later than 12/16/2022. (mab)
December 12, 2022 Opinion or Order REFERRAL OF #17 Notice of Filing Exhibits to Judge Moorer. (tot)
December 6, 2022 Opinion or Order Filing 16 REPLY to Response to Motion #2 filed by Fairhope Motorcoach Resort Condominium Owners Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Nixon, Faith Ann)
December 6, 2022 Opinion or Order REFERRAL OF #15 Reply to Opposition to Motion for Preliminary Injunction, #16 Reply in Opposition to Supplemental Memorandum in Support of Motion for Preliminary Injunction to Judge Moorer. (tot)
December 5, 2022 Opinion or Order Filing 15 REPLY to #9 Order,,, Set Hearings,,, Set Deadlines,, filed by Mark Heimkes. (Eaton, Franklin)
December 5, 2022 Opinion or Order Filing 14 NOTICE of Appearance by Thomas Jason Hadley on behalf of Mark Heimkes (Hadley, Thomas)
November 29, 2022 Opinion or Order REFERRAL OF #13 Supplemental Response in Opposition to Plaintiff's #2 Motion for Preliminary Injunction to Judge Moorer. (mab)
November 28, 2022 Opinion or Order Filing 13 Supplemental Response in Opposition to Plaintiff's #2 Motion for Preliminary Injunction, filed by Fairhope Motorcoach Resort Condominium Owners Association, Inc.. (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) (Nixon, Faith Ann)
November 28, 2022 Opinion or Order Filing 12 Supplemental Memorandum in Support of Plaintiff's #2 Motion for Preliminary Injunction, filed by Mark Heimkes. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7) (Eaton, Franklin)
November 28, 2022 Opinion or Order REFERRAL OF #12 Supplemental Memorandum in Support of Plaintiff's #2 Motion for Preliminary Injunction, to Judge Moorer. (mab)
November 17, 2022 Opinion or Order Filing 11 AMENDED ORDER setting evidentiary hearing for 12/12/2022 at 9:00 a.m. in US Courthouse, Courtroom 3B, 155 St. Joseph Street, Mobile, AL 36602 before District Judge Terry F. Moorer. The parties are DIRECTED to file supplemental briefs on the motion for preliminary injunction by 11/28/2022. Any responses to the supplemental briefs are due by 12/5/2022. Signed by District Judge Terry F. Moorer on 11/17/2022. (fz)
November 16, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Faith Ann Pate Nixon on behalf of Fairhope Motorcoach Resort Condominium Owners Association, Inc. (Nixon, Faith Ann)
November 15, 2022 Opinion or Order Filing 9 ORDER re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Mark Heimkes. Evidentiary Hearing set for 12/15/2022 at 09:00 a.m. in US Courthouse, Courtroom 3B, 155 St. Joseph Street, Mobile, AL 36602 before District Judge Terry F. Moorer. The parties are DIRECTED to file supplemental briefs on the motion for preliminary injunction by 11/28/2022. Any responses to the supplemental briefs are due by 12/5/2022. Signed by District Judge Terry F. Moorer on 11/14/2022. (fz)
November 10, 2022 Opinion or Order Filing 8 ORAL ORDER made by District Judge Terry F. Moorer at the TRO hearing held on 11/10/2022: For the reasons as set forth on the record, Plaintiff's Emergency Motion for Temporary Restraining Order (Doc. #2 ) is DENIED, with the exception that Fairhope Motorcoach Resort Condominium Owners Association, Inc. is ENJOINED from collecting any fine they levy until after a ruling on the motion for preliminary injunction. A written order with the Court's specific findings will be issued separately. (mab)
November 10, 2022 Opinion or Order Filing 7 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Fairhope Motorcoach Resort Condominium Owners Association, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Harrell, Charles)
November 10, 2022 Opinion or Order Filing 6 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Fairhope Motorcoach Resort Condominium Owners Association, Inc.. (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) (Harrell, Charles) (Attachment 3 replaced on 11/10/2022) (tot). (Attachment 3 replaced on 11/10/2022) (tot).
November 10, 2022 Opinion or Order Filing 5 NOTICE of Appearance by Charles Andrew Harrell, Jr on behalf of Fairhope Motorcoach Resort Condominium Owners Association, Inc. (Harrell, Charles)
November 10, 2022 Opinion or Order Filing 4 TEXT-ONLY ORDER: An IN-PERSON hearing on the #2 Motion for Temporary Restraining Order is set in this matter for 11/10/2022 at 03:00 PM in US Courthouse, Courtroom 3B, 155 St. Joseph Street, Mobile, AL. Signed by District Judge Terry F. Moorer on 11/10/2022. (mab)
November 10, 2022 Opinion or Order Minute Entry for proceedings held before District Judge Terry F. Moorer: TRO Hearing held on 11/10/2022. Court Reporter Roy Isbell. (mab)
November 10, 2022 Opinion or Order REFERRAL OF #6 Response in Opposition to Motion for Temporary Restraining Order &/or Preliminary Injunction to Judge Moorer. (tot)
November 9, 2022 Opinion or Order Filing 3 Summons Issued as to Fairhope Motorcoach Resort Condominium Owners Association, Inc. (Note to Counsel: The Summons has been issued. Please print copies necessary for service.) (mab)
November 9, 2022 Opinion or Order Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Mark Heimkes. (Attachments: #1 Exhibit Exhibit 1) (Eaton, Franklin). Added MOTION for Preliminary Injunction on 11/9/2022 (mab).
November 9, 2022 Opinion or Order Filing 1 COMPLAINT against Fairhope Motorcoach Resort Condominium Owners Ass'n ( Filing fee $402 receipt number AALSDC-3100701, Online Credit Card Payment), filed by Mark Heimkes. 90 day Rule 4m deadline set for 2/7/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I) (Eaton, Franklin) (Additional attachment(s) added on 11/9/2022: #10 Civil Cover Sheet) (tot).
November 9, 2022 Opinion or Order MOTIONS REFERRED: #2 MOTION for Temporary Restraining Order and Preliminary Injunction Referred to Judge Terry F. Moorer. (mab)

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Plaintiff: Mark Heimkes
Represented By: Franklin Hollis Eaton, Jr.
Represented By: Thomas Jason Hadley
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Defendant: Fairhope Motorcoach Resort Condominium Owners Association, Inc.
Represented By: Charles Andrew Harrell, Jr.
Represented By: Faith Ann Pate Nixon
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