WALKER et al v. GEORGIA DEPARTMENT OF HUMAN SERVICES et al
| JENNIFER WALKER and ANTONIO WALKER |
| GEORGIA DEPARTMENT OF HUMAN SERVICES and ANDREA PETTY |
| 5:2023cv00515 |
| December 27, 2023 |
| US District Court for the Middle District of Georgia |
| MARC T TREADWELL |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 JUDGMENT remanding the case to the Superior Court of Butts County, Georgia (tlf). |
| Filing 22 This is a text only entry; no document issued. ORDER Because the Second Amended Complaint #21 no longer states a basis for federal jurisdiction and with consent of the parties, this matter is remanded to the Superior Court of Butts County. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 02/23/24. (ans) |
| Filing 21 AMENDED COMPLAINT #1 Notice of Removal, against All Defendants by JENNIFER WALKER, ANTONIO WALKER (Attachments: #1 Exhibit Exhibit 1 Certificate of Complaint of mailing to attonrey general, #2 Exhibit Exhibit 2 Parents' ante litem notice, #3 Exhibit Exhibit 3 Estate's ante litem notice, #4 Exhibit Exhibit 4 Death Certificate)(GEBHARDT, ANDREW) Modified docket text on 2/21/2024 to add the word COMPLAINT (sst). |
| Notice of Deficiency (related document(s): #20 Amended Complaint/Petition filed by JENNIFER WALKER, ANTONIO WALKER ); Document must be re-filed because the exhibits need to be filed as a separate PDF attachment.(sst) |
| Filing 20 *** DISREGARD DOCUMENT REFILED AT #21 *** AMENDED COMPLAINT re #1 Notice of Removal, against All Defendants by JENNIFER WALKER, ANTONIO WALKER (GEBHARDT, ANDREW) Modified docket text on 2/21/2024 to add Disregard document refiled(sst). |
| Filing 19 This is a text only entry; no document issued. ORDER GRANTING #18 Motion for Extension of Time to File RESPONSE. The plaintiffs shall have until 3/1/2024 to respond to the defendants' motions to dismiss #12 #13 . Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 2/20/2024. (laf) |
| Filing 18 CONSENT MOTION for Extension of Time to File RESPONSE as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint, #13 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT by ANTONIO WALKER, JENNIFER WALKER filed by ANDREW J GEBHARDT. (Attachments: #1 Proposed Order proposed Order on Consent Motion For Courts Approval Of Deadline For Plaintiffs To Respond To The Defendants Motions To Dismiss Amended Complaint)(GEBHARDT, ANDREW) |
| Filing 17 REPLY to Response filed by ANDREA PETTY re #2 MOTION to Dismiss Complaint re #1 Notice of Removal, : (COLE, CHARLES) |
| Notice of Deficiency (related document(s): #16 Motion to Stay, filed by GEORGIA DEPARTMENT OF HUMAN SERVICES ); The signature block does not include the e mail address of the filer. Please do not re-file, for future reference only. See Fed.R.Civ.P 11.(cma) |
| Filing 16 MOTION to Stay CONSENT MOTION TO STAY DISCOVERY AND DISCOVERY RELATED DEADLINES by GEORGIA DEPARTMENT OF HUMAN SERVICES filed by KIMBERLY LEIGH SCHWARTZ. (Attachments: #1 BRIEF IN SUPPORT OF CONSENT MOTION TO STAY DISCOVERY AND DISCOVERY RELATED OBLIGATIONS, #2 Proposed Order PROPOSED ORDER GRANTING CONSENT MOTION TO STAY DISCOVERY AND DISCOVERY RELATED DEADLINES)(SCHWARTZ, KIMBERLY) |
| Filing 15 MOTION for Service by Publication by ANTONIO WALKER, JENNIFER WALKER filed by ANDREW J GEBHARDT.(GEBHARDT, ANDREW) |
| Filing 14 ***PLEASE DISREGARD; REFILED - SEE ECF No. #15 - SERVICE by Publication filed by ANTONIO WALKER, JENNIFER WALKER. Last publication date 01/03/2024. (Attachments: #1 Proposed Order proposed Order Perfecting Service by Publication)(GEBHARDT, ANDREW) Modified on 2/2/2024 - to indicate document has been refiled (tlp). |
| Notice of Deficiency (related document(s): #14 Service by Publication filed by JENNIFER WALKER, ANTONIO WALKER ); Document must be re-filed using correct event which is Motion for Service by Publication.(sst) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction(, ), MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT by GEORGIA DEPARTMENT OF HUMAN SERVICES filed by KIMBERLY LEIGH SCHWARTZ. (Attachments: #1 GEORGIA DEPARTMENT OF HUMAN SERVICES' BRIEF IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT, #2 Exhibit EXHIBIT A - AFFIDAVIT OF KELLY PAGE)(SCHWARTZ, KIMBERLY) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint by ANDREA PETTY filed by CHARLES J COLE. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Dismiss)(COLE, CHARLES) |
| Filing 11 NOTICE of Attorney Appearance by GRANT E MCBRIDE on behalf of All Plaintiffs Attorney GRANT E MCBRIDE added to party ANTONIO WALKER(pty:pla), Attorney GRANT E MCBRIDE added to party JENNIFER WALKER(pty:pla)(MCBRIDE, GRANT) |
| Filing 10 RESPONSE filed by ANTONIO WALKER, JENNIFER WALKER re #8 MOTION to Dismiss for Lack of Jurisdiction (GEBHARDT, ANDREW) |
| Filing 9 RESPONSE filed by ANTONIO WALKER, JENNIFER WALKER re #2 MOTION to Dismiss Complaint re #1 Notice of Removal, : (GEBHARDT, ANDREW) |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction by GEORGIA DEPARTMENT OF HUMAN SERVICES filed by KIMBERLY LEIGH SCHWARTZ. (Attachments: #1 Memorandum in Support GEORGIA DEPARTMENT OF HUMAN SERVICES' BRIEF IN SUPPORT OF MOTION TO DISMISS)(SCHWARTZ, KIMBERLY) |
Filing 7
ORDER GRANTING #6 Motion for Extension of Time to Respond to Amended Complaint. Defendants shall have 21 days from the date of this order to file a response to Plaintiffs' Amended Complaint. ORDER GRANTING #6 Motion for Extension of Time to File RESPONSE as to #2 MOTION to Dismiss Complaint. The parties shall have 21 days after Defendants file their respective responses to Plaintiffs' Amended Complaint to reply to any responsive pleadings the Defendants may file, including the Motion to Dismiss filed by Defendant Petty on December 27, 2023. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 1/9/2024. (kat)
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| Filing 6 CONSENT MOTION for Extension of Time to File ANSWER TO #1 NOTICE OF REMOVAL - AMENDED COMPLAINT and MOTION for Extension of Time for Plaintiffs to File RESPONSE as to #2 MOTION to Dismiss Complaint re #1 Notice of Removal by GEORGIA DEPARTMENT OF HUMAN SERVICES filed by KIMBERLY LEIGH SCHWARTZ. (Attachments: #1 Proposed Order [PROPOSED] ORDER ON CONSENT MOTION)(SCHWARTZ, KIMBERLY) Modified docket text on 1/9/2024 to add link to document on docket (sst). |
| Notice of Deficiency (related document(s): #5 Stipulation, filed by GEORGIA DEPARTMENT OF HUMAN SERVICES ); Wrong event used. Please re-file using the correct events which are MOTION FOR EXTENSION OF TIME TO FILE ANSWER and MOTION OF EXTENSION OF TIME TO FILE RESPONSE/REPLY/OBJECTION.(sst) |
| Filing 5 *** REFILED AT #6 *** STIPULATION CONSENT MOTION SEEKING COURT'S APPROVAL OF DEADLINES TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND DEFENDANTS' RESPONSES AND PETTY'S MOTION TO DISMISS re #2 MOTION to Dismiss Complaint re #1 Notice of Removal, :, #1 Notice of Removal, by GEORGIA DEPARTMENT OF HUMAN SERVICES (Attachments: #1 Proposed Order [PROPOSED] ORDER ON CONSENT MOTION)(SCHWARTZ, KIMBERLY) Modified on 1/9/2024 (sst). |
| Notice of Deficiency (related document(s): #1 Notice of Removal filed by ANDREA PETTY ): Defendant Georgia Department of Human Services must refile in this court its pending Motion to Dismiss, previously filed in Butts County Superior Court on 11/9/2023. Responsive pleadings, if any, must also be refiled in this court. (kat) |
| Filing 4 NOTICE of Attorney Appearance by NIA NZINGA WALLER on behalf of GEORGIA DEPARTMENT OF HUMAN SERVICES Attorney NIA NZINGA WALLER added to party GEORGIA DEPARTMENT OF HUMAN SERVICES(pty:dft)(WALLER, NIA) |
| Filing 3 NOTICE of Attorney Appearance by KIMBERLY LEIGH SCHWARTZ on behalf of GEORGIA DEPARTMENT OF HUMAN SERVICES Attorney KIMBERLY LEIGH SCHWARTZ added to party GEORGIA DEPARTMENT OF HUMAN SERVICES(pty:dft)(SCHWARTZ, KIMBERLY) |
| Filing 2 FIRST MOTION to Dismiss Complaint re #1 Notice of Removal, : by ANDREA PETTY filed by CHARLES J COLE. (Attachments: #1 Memorandum in Support)(COLE, CHARLES) |
| Filing 1 NOTICE OF REMOVAL against All Plaintiffs Fee paid: Receipt # AGAMDC-4532298, $405 filed by ANDREA PETTY (Attachments: #1 Civil Cover Sheet, #2 Removal Documents, #3 Removal Documents, #4 Removal Documents, #5 Removal Documents, #6 Removal Documents) All parties must refile pending motions from the court of origin in this new case.(COLE, CHARLES) |
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