Simmons v. Infirmary Health System, Inc. et al
| Willard B Simmons, Jr. |
| Infirmary Health System, Inc., Trevor Popkin and United States Army Corps of Engineers |
| 1:2023cv00412 |
| November 3, 2023 |
| US District Court for the Southern District of Alabama |
| Jeffrey U Beaverstock |
| Kristi K DuBose |
| P Bradley Murray |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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Filing 32
SCHEDULING ORDER - Popkin and USACE shall file the administrative record for the AJD on 1/22/2024. Simmons shall file any objection to the record on or before 2/5/2024. Parties shall file Motions for Summary Judgment on 2/19/2024. Responses to MSJ shall be due by 2/26/2024. Motions shall be heard on 4/1/2024 at 10:00 AM in US Courthouse, Courtroom 4B, 155 St. Joseph Street, Mobile, AL 36602 before District Judge Kristi K. DuBose. The Preliminary Scheduling Order (doc. #19 ) is SUSPENDED. Signed by District Judge Kristi K. DuBose on 12/19/2023. (meh)
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Filing 31
Order DENYING #16 Amended MOTION for Preliminary Injunction filed by Willard B Simmons, Jr, as set out. Signed by District Judge Kristi K. DuBose on 12/13/2023. (meh)
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| Minute Entry for proceedings held before District Judge Kristi K. DuBose: Preliminary Injunction Hearing held on 12/13/2023. Court Reporter Melanie Wilkins. (nah) |
| Filing 30 NOTICE of Appearance by Victoria Owen Todd on behalf of Trevor Popkin, United States Army Corps of Engineers (Todd, Victoria) |
| REFERRAL OF #26 Evidentiary Material, #29 Response in Opposition to Motion, #28 Notice (Other), #27 Response in Opposition to Motion to Judge DuBose. (meh) |
| Filing 29 RESPONSE in Opposition re #16 Amended MOTION for Preliminary Injunction filed by Trevor Popkin, United States Army Corps of Engineers. (Attachments: #1 Affidavit Elizabeth Hamilton, USACE, #2 Exhibit A: Approved Jurisdictional Determination, #3 Exhibit B: Simmons' Request for Approved Jurisdictional Determination) (Hill, Leslie) |
| Filing 28 NOTICE by Willard B Simmons, Jr re #21 Evidentiary Material, #16 Amended MOTION for Preliminary Injunction , #17 Brief, (Attachments: #1 Exhibit Exhibit A - Gena Todia CV, #2 Exhibit Exhibit B - Kenneth Underwood CV) (Davis, Richard) |
| Filing 27 RESPONSE in Opposition re #16 Amended MOTION for Preliminary Injunction filed by Infirmary Health System, Inc.. (Speegle, Jerome) |
| Filing 26 Evidentiary Material filed by Infirmary Health System, Inc.. (Attachments: #1 Supplement Approved Jurisdictional Determination letter from US Army Corps of Engineers) (Speegle, Jerome) |
| Filing 25 Evidentiary Material filed by Infirmary Health System, Inc.. (Attachments: #1 Supplement ADEM Permit) (Speegle, Jerome) |
| Filing 24 AFFIDAVIT in Support of Objection to Amended Motion for Preliminary Injunction by Infirmary Health System, Inc.. (Attachments: #1 Affidavit Exhibit A) (Speegle, Jerome) |
| REFERRAL OF #24 Affidavit, #25 Evidentiary Material to Judge DuBose. (meh) |
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Filing 23
ENDORSED ORDER granting #22 Joint Motion for Extension of Time for Defendants to respond to Plaintiff's Motion for Preliminary Injunction. Defendants' shall file their response on or before December 8, 2023. Signed by District Judge Kristi K. DuBose on 12/4/23. (khc)
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| MOTIONS REFERRED: #22 MOTION for Extension of Time to File Response/Reply. Referred to Judge DuBose. (meh) |
| Filing 22 Motion for Extension of Time to File Response re #5 Order with Stipulation filed by United States Army Corps of Engineers, Trevor Popkin. (Hill, Leslie) |
| Filing 21 Evidentiary Material Corrected Ex A to Doc. 17 filed by Willard B Simmons, Jr re: #17 Brief,. (Attachments: #1 Exhibit Corrected Ex A - typed handwritten notes) (Davis, Richard) |
| Filing 20 NOTICE of Appearance by Leslie Hill on behalf of Trevor Popkin, United States Army Corps of Engineers (Hill, Leslie) |
| REFERRAL OF #21 Evidentiary Material to Judge DuBose. (meh) |
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Filing 19
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 1/12/2024. Signed by Magistrate Judge P. Bradley Murray on 11/28/2023. (Attachments: #1 Consent Form) (meh)
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| Filing 18 DEFENDANT INFIRMARY HEALTH SYSTEMS, INC.'S ANSWER to #1 Complaint, by Infirmary Health System, Inc.. (Speegle, Jerome) |
| Filing 17 Brief filed by Willard B Simmons, Jr re #2 MOTION for Preliminary Injunction , #16 Amended MOTION for Preliminary Injunction filed by Willard B Simmons, Jr. (Attachments: #1 Exhibit typed copy of handwritten notes regarding Aronov Site, Malbis, #2 Exhibit Resource #2, Malbis Plantation, page 4 from National Register of Historic Places) (Davis, Richard) |
| Filing 16 Amended MOTION for Preliminary Injunction filed by Willard B Simmons, Jr. (Davis, Richard) |
| Filing 15 RETURN OF SERVICE of Order #5 served 11/21/2023 as to U.S. Army Corps of Engineers (meh) |
| MOTIONS REFERRED: #16 Amended MOTION for Preliminary Injunction. Referred to Judge DuBose. (meh) |
| REFERRAL OF #17 Brief to Judge DuBose. (meh) |
| Filing 14 SUMMONS Returned Executed by Willard B Simmons, Jr. Merrick B. Garland served on 11/13/2023, answer due 12/4/2023 (Davis, Richard) |
| Filing 13 RETURN OF SERVICE of Order #5 served 11/20/2023 as to U.S. Attorney General (meh) |
| Filing 12 SUMMONS Returned Executed by Willard B Simmons, Jr. Sean P. Costello served on 11/7/2023, answer due 11/28/2023 (Davis, Richard) |
| Filing 11 SUMMONS Returned Executed by Willard B Simmons, Jr. Trevor Popkin served on 11/8/2023, answer due 11/29/2023 (Davis, Richard) |
| Filing 10 SUMMONS Returned Executed by Willard B Simmons, Jr. Infirmary Health System, Inc. served on 11/7/2023, answer due 11/28/2023 (Davis, Richard) |
| Filing 9 RETURN OF SERVICE of Order #5 served 11/14/2023 as to Sean Costello, U.S. Attorney (meh) |
| Filing 8 RETURN OF SERVICE of Order #5 served 11/14/2023 as to Trevor Popkin (meh) |
| Filing 7 NOTICE of Appearance by Jennifer S. Holifield on behalf of Infirmary Health System, Inc. (Holifield, Jennifer) |
| Filing 6 NOTICE of Appearance by Jerome E. Speegle on behalf of Infirmary Health System, Inc. (Speegle, Jerome) |
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Filing 5
Order re: #2 MOTION for Preliminary Injunction filed by Willard B Simmons, Jr. Simmons shall, on or before 11/22/2023, file an Amended Motion for Preliminary Injunction. Defendants shall respond to Motion on or before 12/6/2023. Preliminary Injunction Hearing set for 12/13/2023 at 02:00 PM in US Courthouse, Courtroom 4B, 155 St. Joseph Street, Mobile, AL 36602 District Judge Kristi K. DuBose. Order mailed to Defendants as directed. Signed by District Judge Kristi K. DuBose on 11/9/2023. (meh) (Additional attachment(s) added on 11/9/2023: #1 Certified Mail Banner Pages) (meh).
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| Filing 4 Summons Issued as to Infirmary Health System, Inc., Trevor Popkin, United States Army Corps of Engineers. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (Attachments: #1 Popkin Summons, #2 USACE Summons, #3 USAO Summons, #4 USAG Summons) (meh) |
| Filing 3 NOTICE of Filing Proposed Summons by Willard B Simmons, Jr as to U.S. Attorney and U.S. Attorney General (Davis, Richard) |
| MOTIONS REFERRED: #2 MOTION for Preliminary Injunction. Referred to Judge DuBose. (meh) |
| Case reassigned to District Judge Kristi K. DuBose. Chief District Judge Jeffrey U. Beaverstock 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 KD-MU after the case number on all future pleadings. (cle) |
| Filing 2 MOTION for Preliminary Injunction filed by Willard B Simmons, Jr. (Davis, Richard) |
| Filing 1 COMPLAINT against Willard B. Simmons ( Filing fee $402 receipt number AALSDC-3296794, Online Credit Card Payment), filed by Willard B. Simmons. 90 day Rule 4m deadline set for 2/1/2024. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet, #5 Summons, #6 Summons, #7 Summons) (Davis, Richard) |
| MOTIONS REFERRED: #2 MOTION for Preliminary Injunction, referred to Judge Beaverstock. (cjr) |
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