MAJORITY FORWARD et al v. BEN HILL COUNTY BOARD OF ELECTIONS et al
| MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. and DEBRA LEWIS |
| DAVID WALKER, DIANE SCRIMPSHIRE, CINDI DUNLAP, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, UHLAND ROBERTS, LINDA PARKER, NANCY BOREN, GUNDRON MILLS, THOMAS GREEN, BEN HILL COUNTY BOARD OF ELECTIONS, PENSON KAMINSKY, DANNY YOUNG, MARGARET JENKINS and ELEANOR WHITE |
| 1:2020cv00266 |
| December 23, 2020 |
| U.S. District Court for the Middle District of Georgia |
| LESLIE ABRAMS GARDNER |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Filing 40 TRANSCRIPT of Proceedings held on December 30, 2020. Evidentiary hearing before Judge Abrams Gardner. Court Reporter/Transcriber Mindy Martin. Volume Number: 1 of 1. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (MM) |
| Filing 39 STIPULATION of Dismissal by DEBRA LEWIS, GAMALIEL WARREN TURNER, SR., MAJORITY FORWARD as to All Plaintiffs (SPARKS, ADAM) |
| Filing 38 ANSWER to #20 Amended Complaint/Petition by BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG with Jury Demand. Related document: #20 Amended Complaint/Petition filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS.(PITTMAN, ROSS) |
| Filing 37 Corporate Disclosure Statement by MAJORITY FORWARD (SPARKS, ADAM) |
| Notice of Deficiency (related document(s): #1 Complaint, filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. ); Pursuant to Local Rule 87.1, all nongovernmental corporate parties must file a Corporate Disclosure Statement. Please file the required corporate disclosures immediately.(bcl) |
| Notice of Deficiency (related document(s): #36 Answer to Amended Complaint, filed by ELEANOR WHITE, DIANE SCRIMPSHIRE, LINDA PARKER, MARGARET JENKINS, NANCY BOREN, UHLAND ROBERTS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION ); Notice to Counsel - Timothy Gristina & Clinton Fay - Your contact information in CM/ECF is not current. Please update your contact information via PACER. Additionally, per page 7 of the ECF Adminstrative Procedures, all electronically filed documents must include a signature block and must set forth the filers name, address, telephone number and e-mail address. Please include an email address in future filings.(bcl) |
| Filing 36 ANSWER to #20 Amended Complaint/Petition by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE with Jury Demand. Related document: #20 Amended Complaint/Petition filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS.(GRISTINA, THOMAS) |
Filing 35
ORDER re #20 Amended Complaint/Petition filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS ; denying as moot #24 Motion to Stay Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 1/4/2021. (kcg)
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| Filing 30 REPLY to Response filed by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE re #11 MOTION to Sever MOTION to Transfer Case (CLARK, JAMES) |
| Filing 29 RESPONSE filed by DEBRA LEWIS, MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. re #11 MOTION to Sever MOTION to Transfer Case (SPARKS, ADAM) |
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Filing 28
ORDER denying #7 Motion for Recusal. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 12/31/2020 (jtg)
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| Filing 34 Exhibit List by MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION re Evidentiary Hearing held on 12/30/2020. (Attachments: #1 Exhibit 1 - Boren Declaration - Sealed per LAG Chambers)(bcl) Modified on 1/4/2021 (bcl). |
| Filing 33 Exhibit List by BEN HILL COUNTY BOARD OF ELECTIONS re Evidentiary Hearing held on 12/30/2020. (Attachments: #1 Exhibit 1 - Elector Challenge, #2 Exhibit 2 - Declaration of Cindi Dunlap, #3 Exhibit Declaration of Kathleen Searcy)(bcl) |
| Filing 32 Exhibit List by MAJORITY FORWARD re Evidentiary Hearing held on 12/30/2020. (Attachments: #1 Exhibit 1 - Russell Mass Challenge, #2 Exhibit 2 - Declaration of K. Meyer, #3 Exhibit 3 - Declaration of G. Turner, #4 Exhibit 4 - Declaration of S. Berson, #5 Exhibit 5 - Declaration of N. Essix, #6 Exhibit 6 - Declaration of S. Pfeiffer Stinetorf, #7 Exhibit 7 - Declaration of A. Luna Colon, #8 Exhibit 8 - Declaration of G. Williams, #9 Exhibit Declaration of J.B. Poersch, #10 Exhibit 10 - Declaration of D. Lewis)(bcl) |
| Filing 31 Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE LESLIE ABRAMS GARDNER: Evidentiary Hearing held on 12/30/2020. Court Reporter: Mindy Martin.Time in Court: 1 hour 55 mins. (bcl) |
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Filing 27
ORDER re #12 on Motion for TRO, the temporary restraining order (Doc. 12) is dissolved, granting in part #20 Amended Complaint/Petition filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 12/30/2020. (kcg)
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| Filing 26 RESPONSE filed by BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG re #5 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit Section 21-2-230 Elector Challenge, #2 Exhibit Declaration of Cindi Dunlap, #3 Exhibit Declaration of Kathleen Searcy)(KINSLEY, NICHOLAS) |
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Filing 25
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JACOB D SHELLY (nop)
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| Notice of Deficiency (related document(s): #21 Affidavit filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR., DEBRA LEWIS ); Document should have been filed as an attachment to DE #20. Document is referred to on Page 6 of the Amended Complaint as "Exhibit 1, Declaration of Debra Lewis." No need to refile.(sbd) |
| Notice of Deficiency (related document(s): #26 Response to Motion, filed by DAVID WALKER, PENSON KAMINSKY, THOMAS GREEN, BEN HILL COUNTY BOARD OF ELECTIONS, GUNDRON MILLS, DANNY YOUNG, CINDI DUNLAP ); Signature block did not include an e-mail address as required on page 7 of the CM/ECF procedures manual. No need to refile but information must be included in the future.(sbd) |
| Filing 24 MOTION to Stay Temporary Restraining Order re #12 Order on Motion for TRO by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE filed by THOMAS F GRISTINA.(GRISTINA, THOMAS) |
| Filing 23 RESPONSE filed by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE re #5 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 1 -- Boren Declaration, #2 Exhibit 2 -- News Article)(GRISTINA, THOMAS) (Additional attachment(s) added on 1/4/2021: #3 Exhibit 1 - Boern Declaration - Redacted - Sealed per LAG Chambers) (bcl). Modified on 1/4/2021 (bcl). |
| Filing 22 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3667846, $100. LOCAL COUNSEL Name and Georgia Bar #: Adam Sparks 341578. (Attachments: #1 Certificate of Good Standing)(SHELLY, JACOB) |
| Filing 21 AFFIDAVIT Declaration of Debra Lewis in Support of Plaintiffs' Amended Complaint and Motion for Temporary Restraining Order by DEBRA LEWIS, MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. (SPARKS, ADAM) |
| Filing 20 AMENDED #1 Complaint, against BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG by GAMALIEL WARREN TURNER, SR., MAJORITY FORWARD, DEBRA LEWIS (SPARKS, ADAM) |
| Filing 19 NOTICE of Filing of Acknowledgement of Service by Columbus-Muscogee Defendants by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. re #6 Summons Issued,, #2 Order, #1 Complaint, (Attachments: #1 Exhibit 1 - Acknowledgement of Service of Columbus-Muscogee Defendants)(SPARKS, ADAM) |
| Filing 18 ACKNOWLEDGMENT OF SERVICE Executed as to #5 MOTION for Temporary Restraining Order, #2 Order, #1 Complaint, Acknowledgment filed by BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG. (KINSLEY, NICHOLAS) |
| Filing 17 NOTICE of Attorney Appearance by NICHOLAS A KINSLEY on behalf of BEN HILL COUNTY BOARD OF ELECTIONS, CINDI DUNLAP, THOMAS GREEN, PENSON KAMINSKY, GUNDRON MILLS, DAVID WALKER, DANNY YOUNG Attorney NICHOLAS A KINSLEY added to party BEN HILL COUNTY BOARD OF ELECTIONS(pty:dft), Attorney NICHOLAS A KINSLEY added to party CINDI DUNLAP(pty:dft), Attorney NICHOLAS A KINSLEY added to party THOMAS GREEN(pty:dft), Attorney NICHOLAS A KINSLEY added to party PENSON KAMINSKY(pty:dft), Attorney NICHOLAS A KINSLEY added to party GUNDRON MILLS(pty:dft), Attorney NICHOLAS A KINSLEY added to party DAVID WALKER(pty:dft), Attorney NICHOLAS A KINSLEY added to party DANNY YOUNG(pty:dft)(KINSLEY, NICHOLAS) |
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Filing 16
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by UZOMA NKEM NKWONTA (nop)
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| Filing 15 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3667305, $100. LOCAL COUNSEL Name and Georgia Bar #: Adam Sparks 341578. (Attachments: #1 Certificate of Good Standing)(NKWONTA, UZOMA) |
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Filing 14
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MARC E ELIAS (nop)
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| Filing 13 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3666989, $100. LOCAL COUNSEL Name and Georgia Bar #: Adam Sparks 341578. (Attachments: #1 Certificate of Good Standing)(ELIAS, MARC) |
| Evidentiary Hearing set for 12/30/2020 10:00 AM in Albany before US DISTRICT JUDGE LESLIE ABRAMS GARDNER. NOTICE OF SETTING hearing. Hearing will occur IN-PERSON. Counsel, parties, and members of the public and press should review Amended Standing Order 2020-09, available on the courts website, regarding courthouse entrance procedures due to COVID-19. Public access, media, and other interested parties can listen to the hearing by dialing 1-877-810-9415 and entering 7075585 at the time of the hearing. Be advised, the courtroom public gallery has a maximum seating capacity of 18. (far) |
| Filing 12 ***DISSOLVED PER #27 ORDER*** ORDER granting #5 Motion for TRO Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 12/28/2020 (kcg) Modified on 12/31/2020 to edit docket text. (mdm) |
| Filing 11 MOTION to Sever , MOTION to Transfer Case(, ) by NANCY BOREN, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE filed by THOMAS F GRISTINA. (Attachments: #1 Memorandum in Support)(GRISTINA, THOMAS) |
| Filing 10 CERTIFICATE OF SERVICE by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE re #3 Notice of Attorney Appearance,, (GRISTINA, THOMAS) |
| Filing 9 CERTIFICATE OF SERVICE by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE re #4 Notice of Attorney Appearance,, (CLARK, JAMES) |
| Filing 8 Replaced by D.E. #11 . MOTION to Sever Claims and Transfer Venue by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE filed by THOMAS F GRISTINA. (Attachments: #1 Memorandum in Support)(GRISTINA, THOMAS) Modified on 12/28/2020 (tlf). |
| Filing 7 MOTION for Recusal by NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE filed by JAMES C CLARK, JR. (Attachments: #1 Memorandum in Support, #2 Exhibit A--Russell Challenge)(CLARK, JAMES) |
| Filing 6 Summons Issued as to BEN HILL COUNTY BOARD OF ELECTIONS, NANCY BOREN, CINDI DUNLAP, THOMAS GREEN, MARGARET JENKINS, PENSON KAMINSKY, GUNDRON MILLS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, DAVID WALKER, ELEANOR WHITE, DANNY YOUNG. (Attachments: #1 Summons Dunlap, #2 Summons Young, #3 Summons Jenkins, #4 Summons Muscogee County Board of Elections, #5 Summons Boren, #6 Summons Kaminsky, #7 Summons Green, #8 Summons Roberts, #9 Summons Scrimpshire, #10 Summons White, #11 Summons Mills, #12 Summons Parker, #13 Summons Walker)(mdm) |
| Notice of Deficiency; Motion must be re-filed; Related document: #8 Motion to Sever, filed by ELEANOR WHITE, DIANE SCRIMPSHIRE, LINDA PARKER, MARGARET JENKINS, NANCY BOREN, UHLAND ROBERTS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION; Multiple reliefs were requested in the document yet only one was selected during the filing process. The CM/ECF procedures manual provides as follows: Motions with Multiple Reliefs Requested. When a motion requests multiple or alternative reliefs, it is especially important to select multiple reliefs when filing. For instance, with a combined motion to dismiss and motion to strike, you must select both reliefs to dismiss' and 'to strike. You do this by clicking on each motion relief from the drop down menu. You cannot select only the motion to dismiss and then type in the text box and motion to strike:. It is imperative that all relief categories are specifically selected. The Case Management/Electronic Case Filing system will then track each relief as a separate request for action. This helps the court ensure that all matters are properly addressed. Failure to comply with this requirement may result in a request for relief that is not tracked on the pending motion reports used in case management." Document must be re-filed (tlf). |
| Notice of Deficiency; Related documents: #4 Notice of Attorney Appearance,, filed by ELEANOR WHITE, DIANE SCRIMPSHIRE, LINDA PARKER, MARGARET JENKINS, NANCY BOREN, UHLAND ROBERTS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION and #3 Notice of Attorney Appearance,, filed by ELEANOR WHITE, DIANE SCRIMPSHIRE, LINDA PARKER, MARGARET JENKINS, NANCY BOREN, UHLAND ROBERTS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION; NEFs for these docuemnts indicate several persons not served via CM/ECF. Thus, participants must be served outside of CM/ECF and a certificate of service must be entered (tlf). |
| Filing 5 MOTION for Temporary Restraining Order by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. filed by ADAM MARTIN SPARKS. (Attachments: #1 Memorandum in Support of Motion for Temporary Restraining Order, #2 Exhibit 1 - R. Russell Mass Challenge, #3 Exhibit 2 - Decl. of K. Meyer, #4 Exhibit 3 - Decl. of G. Turner, #5 Exhibit 4 - Decl. of S. Berson, #6 Exhibit 5 - Decl. of N. Essix, #7 Exhibit 6 - Decl. of S. Pfeiffer Stinetorf, #8 Exhibit 7 - Decl. of A. Luna Colon, #9 Exhibit 8 - Decl. of G. Williams, #10 Exhibit 9 - Decl. of JB Poersch, #11 Proposed Order Granting Motion for Temporary Restraining Order)(SPARKS, ADAM) |
| Filing 4 NOTICE of Attorney Appearance by JAMES C CLARK, JR on behalf of NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE Attorney JAMES C CLARK, JR added to party NANCY BOREN(pty:dft), Attorney JAMES C CLARK, JR added to party MARGARET JENKINS(pty:dft), Attorney JAMES C CLARK, JR added to party MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION(pty:dft), Attorney JAMES C CLARK, JR added to party LINDA PARKER(pty:dft), Attorney JAMES C CLARK, JR added to party UHLAND ROBERTS(pty:dft), Attorney JAMES C CLARK, JR added to party DIANE SCRIMPSHIRE(pty:dft), Attorney JAMES C CLARK, JR added to party ELEANOR WHITE(pty:dft)(CLARK, JAMES) |
| Filing 3 NOTICE of Attorney Appearance by THOMAS F GRISTINA on behalf of NANCY BOREN, MARGARET JENKINS, MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION, LINDA PARKER, UHLAND ROBERTS, DIANE SCRIMPSHIRE, ELEANOR WHITE Attorney THOMAS F GRISTINA added to party NANCY BOREN(pty:dft), Attorney THOMAS F GRISTINA added to party MARGARET JENKINS(pty:dft), Attorney THOMAS F GRISTINA added to party MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION(pty:dft), Attorney THOMAS F GRISTINA added to party LINDA PARKER(pty:dft), Attorney THOMAS F GRISTINA added to party UHLAND ROBERTS(pty:dft), Attorney THOMAS F GRISTINA added to party DIANE SCRIMPSHIRE(pty:dft), Attorney THOMAS F GRISTINA added to party ELEANOR WHITE(pty:dft)(GRISTINA, THOMAS) |
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Filing 2
ORDER SETTING HEARING: re #1 Complaint, filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. Evidentiary Hearing set for 12/30/2020 10:00 AM in Albany before US DISTRICT JUDGE LESLIE ABRAMS GARDNER. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 12/24/2020. (kcg)
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| Filing 1 COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC-3664843, $402 filed by All Plaintiffs (Attachments: #1 Exhibit A - Schmitz Final Order, #2 Exhibit B - Russell Mass Challenge Letter, #3 Civil Cover Sheet)(SPARKS, ADAM) |
| NOTICE TO COUNSEL MARC E ELIAS, UZOMA NKWONTA, JACOB D SHELLY - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(bcl) |
| Notice of Deficiency (related document(s): #1 Complaint, filed by MAJORITY FORWARD, GAMALIEL WARREN TURNER, SR. ); Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. NO NEED TO REFILE.(bcl) |
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