Green v. McDonald et al
| Joy Kelly Green |
| Marvin McDonald, Brian Harris and Sumter County, Alabama |
| 2:2024cv00321 |
| September 5, 2024 |
| U.S. District Court for the Southern District of Alabama |
| Kristi K DuBose |
| Katherine P Nelson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 MOTION to Dismiss Parts of First Amended Complaint filed by Marvin McDonald. (Spence, Robert) (Main Document 26 replaced on 11/1/2024) (fz). |
| MOTIONS REFERRED: #26 MOTION to Dismiss Parts of First Amended Complaint - Referred to Judge Katherine P. Nelson. (nah) |
Filing 25
ENDORSED ORDER finding as moot #12 and #14 , Motions to Dismiss. See Doc. #23 .Signed by Magistrate Judge Katherine P. Nelson on 10/23/2024. (dcl)
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| REFERRAL OF #24 Response to Motion to Judge Nelson. (meh) |
| Filing 24 RESPONSE to Motion re: #12 MOTION to Dismiss , #14 MOTION to Dismiss filed by Joy Kelly Green. (Dixon, Melvin) |
| Filing 23 AMENDED COMPLAINT against All Defendants, filed by Joy Kelly Green. (Dixon, Melvin) |
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Filing 22
ENDORSED ORDER granting #21 Motion and Application to Appear Pro Hac Vice. Signed by Magistrate Judge Katherine P. Nelson on 10/18/2024. (dcl)
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| Filing 21 MOTION and APPLICATION for Matthew Hood to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 100, Receipt number AALSDC-3476419, Online Credit Card Payment) filed by Joy Kelly Green. (Hood, Matthew) |
| MOTIONS REFERRED: #21 MOTION and APPLICATION for Matthew Hood to Appear Pro Hac Vice. Referred to Judge Katherine P. Nelson. (meh) |
| Filing 20 Document endorsed NOTED by District Judge Kristi K. DuBose: Corporate Disclosure Statement #16 filed by Brian Harris, Corporate Disclosure Statement #17 filed by Sumter County, Alabama, Brian Harris. Review of the corporate disclosure statements has been completed. The review did not reveal any reason to believe that there are potential conflicts of interest, which would require disqualification or recusal in this action. (khc) |
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Filing 19
TEXT-ONLY ORDER Setting Motion Deadlines re: #14 MOTION to Dismiss filed by Sumter County, Alabama, and Brian Harris: Responses due by 10/28/2024; Replies due by 11/12/2024; Motion to be taken under submission on 11/13/2024. See S.D. Ala. GenLR 5(a) and CivLR 7 for briefing technical requirements. Signed by Magistrate Judge Katherine P. Nelson on 10/08/2024. (dcl)
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| Filing 18 NOTICE of Appearance by Caitlin Elizabeth Cobb on behalf of Brian Harris, Sumter County, Alabama (Cobb, Caitlin) |
| Filing 17 Corporate Disclosure Statement filed by Defendants Brian Harris, Sumter County, Alabama, Sumter County Jail, Sumter County Jail identifying Other Affiliate Sumter County Jail for Brian Harris, Sumter County, Alabama.. (Hill, Charles) |
| Filing 16 Corporate Disclosure Statement filed by Defendant Brian Harris. (Hill, Charles) |
| Filing 15 Brief filed by Brian Harris, Sumter County, Alabama re #14 MOTION to Dismiss filed by Brian Harris, Sumter County, Alabama. (Hill, Charles) |
| Filing 14 MOTION to Dismiss filed by Brian Harris, Sumter County, Alabama. (Hill, Charles) |
| REFERRAL OF #15 Brief to Judge Nelson. (meh) |
| MOTIONS REFERRED: #14 MOTION to Dismiss. Referred to Judge Katherine P. Nelson. (meh) |
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Filing 13
TEXT-ONLY ORDER Setting Motion Deadline re: #12 MOTION to Dismiss filed by Marvin McDonald. Plaintiff's brief in response to said motion, if any, must be filed and served no later than 10/22/2024, which is also the deadline for Plaintiff to amend the complaint once as a matter of course under Fed. R. Civ. P. 15(a)(1)(B). See Fed. R. Civ. P. 15(a)(1) advisory committees note to 2009 amendment (explaining that the current version of Rule 15(a)(1) was enacted to "force the pleader to consider carefully and promptly the wisdom of amending to meet the arguments in [a Rule 12(b), (e), or (f)] motion[, as a] responsive amendment may avoid the need to decide the motion or reduce the number of issues to be decided..."). Defendant's brief in reply to the response, if any, must be filed and served no later than 11/01/2024. See S.D. Ala. GenLR 5(a) and CivLR 7 for briefing technical requirements. Motion to be taken under submission on 11/4/2024. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of the Court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, the motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 10/02/2024. (dcl)
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| Filing 12 MOTION to Dismiss filed by Marvin McDonald. (Spence, Robert) |
| MOTIONS REFERRED: #12 MOTION to Dismiss. Referred to Judge Katherine P. Nelson. (meh) |
| Filing 11 Document endorsed NOTED by District Judge Kristi K. DuBose: Response to Order to Show Cause #10 filed by Joy Kelly Green. (khc) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re: #9 Order,, Set Deadlines, filed by Joy Kelly Green. (Dixon, Melvin) |
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Filing 9
Order re: #1 Complaint filed by Joy Kelly Green. Plaintiff Green is to, on or before 9/30/2024, show cause why the Court should not transfer this action to the Northern District of Alabama pursuant to 28 U.S.C. 1406(a). Signed by District Judge Kristi K. DuBose on 9/20/2024. (meh)
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| REFERRAL OF #10 Response to Order to Show Cause to Judge DuBose. (meh) |
| Filing 8 Case Reassigned to District Judge Kristi K. DuBose. 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-N after the case number on all future pleadings. (tgw) |
| Answer due from Brian Harris, Marvin McDonald and Sumter County, Alabama pursuant to FRCP 12(a). (tgw) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Marvin McDonald on 09/16/2024, filed by Joy Kelly Green. (Dixon, Melvin) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Sumter County, AL on 09/16/2024, filed by Joy Kelly Green. (Dixon, Melvin) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Brian Harris on 09/16/2024, filed by Joy Kelly Green. (Dixon, Melvin) |
| Filing 4 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment Form) (tgw) |
| Filing 3 Service Notice entered 9/6/2024. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service Notice deadline set to 10/21/2024. (tgw) |
| Filing 2 Summons Issued as to Brian Harris, Marvin McDonald and Sumter County, Alabama. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (tgw) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $405 receipt number BALSDC-3454094, Online Credit Card Payment), filed by Joy Kelly Green. 90 day Rule 4m deadline set for 12/4/2024. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons) (Dixon, Melvin) |
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