Lee v. McCreary et al
Plaintiff: Jamars Horace Lee and Winifred A. Daniels
Defendant: Marilyn McCreary, DeKalb Community Service Board, Willow Ridge Apartments, Shundra Burnes, B & M Management Company, LLC, Dekalb Community Service Board Foundation, Inc. and James Pargen Robertson, Jr.
Case Number: 1:2009cv02271
Filed: August 19, 2009
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: De Kalb
Presiding Judge: Richard W Story
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 3601
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 19, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2011 Civil Case Terminated. (cem)
April 19, 2011 Clerk's Entry of Dismissal APPROVING #61 Stipulation of Dismissal with prejudice. (cem)
April 19, 2011 Filing 61 STIPULATION of Dismissal and Proposed Order by B & M Management Company, LLC, Shundra Burnes, Winifred A. Daniels, DeKalb Community Service Board, Dekalb Community Service Board Foundation, Inc., Jamars Horace Lee, Marilyn McCreary, Willow Ridge Apartments. (Ford, Adam)
March 9, 2011 Filing 60 NOTICE by Dekalb Community Service Board Foundation, Inc. of Leave of Absence for the following date(s): 4/6/11 through 4/11/11 and 7/4/11 through and including 7/15/11 , by James Pargen Robertson, Jr. (Robertson, James) Modified on 3/10/2011 to include the leave of absence dates. Incorrect event used. (cem)
December 3, 2010 Opinion or Order Filing 59 ORDER STAYING CASE until 3/1/11 to afford the parties adequate time to complete settlement. Signed by Judge Richard W. Story on 12/3/10. (cem)
December 1, 2010 Filing 58 Minute Entry for proceedings held before Magistrate Judge E. Clayton Scofield, III: Settlement Conference held on 12/1/2010. A settlement conference was held in the above-styled case, at conclusion of which the parties agreed upon the terms of a settlement. The terms of the settlement were stated on the record at the conclusion of the settlement conference. The Court will stay discovery for 90 days to permit the settlement to be completed. (pdw)
October 27, 2010 Filing 57 NOTICE of Appearance by Adam Perry Ford on behalf of Shundra Burnes, DeKalb Community Service Board, Marilyn McCreary (Ford, Adam)
October 4, 2010 Filing 56 CERTIFICATE OF SERVICE of Objections and Responses to Plaintiffs First Requests for the Production of Documents by Shundra Burnes.(Robertson, James)
October 4, 2010 Filing 55 CERTIFICATE OF SERVICE of Objections and Responses to Plaintiffs First Requests for the Production of Documents by Marilyn McCreary.(Robertson, James)
October 4, 2010 Filing 54 CERTIFICATE OF SERVICE of Objections and Responses to Plaintiffs First Requests for the Production of Documents by DeKalb Community Service Board.(Robertson, James)
September 27, 2010 Opinion or Order Filing 53 ORDER scheduling Mediation. Mediation Hearing set for 12/1/2010 at 10:00 AM in ATLA Courtroom 1810 before Magistrate Judge E. Clayton Scofield III. Signed by Magistrate Judge E. Clayton Scofield, III on 9/27/10. (cem)
September 23, 2010 CASE REFERRED to Magistrate Judge E. Clayton Scofield, III for settlement. (ekb)
September 23, 2010 Opinion or Order Filing 52 ORDER granting #51 Plaintiffs Unopposed Motion for Expedited Court Ordered Mediation and Request for Stay of Discovery and Other Deadlines Pending Mediation. The case is REFERRED to Chief Magistrate Judge Gerrilyn G. Brill for assignment to a magistrate judge for mediation. Discovery and other deadlines in the case shall be STAYED until conclusion of the mediation. Signed by Judge Richard W. Story on 9/23/2010. (pdw)
September 22, 2010 Filing 51 Unopposed MOTION Expedited Court-Ordered Mediation and Request for Stary of Discovery Period and Other Deadlines Pending Mediation by Jamars Horace Lee. (Fitze, Sabrina)
September 14, 2010 Filing 50 CERTIFICATE OF SERVICE re #41 Certificate of Service Response to B&M Management Company, LLC's and Willow Ridge Apartments' First Interrogatories and Requests for Production of Documents to Plaintiff by Jamars Horace Lee.(Fitze, Sabrina)
September 13, 2010 Filing 49 CERTIFICATE OF SERVICE Response to Plaintiff, Jamars Horace Lee's Request for Production of Documents by B & M Management Company, LLC, Willow Ridge Apartments.(Sefton, Patrick)
September 13, 2010 Filing 48 STIPULATION re #47 Certificate of Service, #46 Certificate of Service, #45 Certificate of Service, #44 Certificate of Service Stipulation Granting Extension of Time by Jamars Horace Lee. (Fitze, Sabrina)
July 30, 2010 Filing 47 CERTIFICATE OF SERVICE of First Interrogatories and Request for the Production of Documents to Plaintiff by Shundra Burnes.(Robertson, James)
July 30, 2010 Filing 46 CERTIFICATE OF SERVICE of First Interrogatories and Request for the Production of Documents to Plaintiff by Marilyn McCreary.(Robertson, James)
July 30, 2010 Filing 45 CERTIFICATE OF SERVICE of First Interrogatories and Request for the Production of Documents to Plaintiff by DeKalb Community Service Board.(Robertson, James)
July 30, 2010 Filing 44 CERTIFICATE OF SERVICE by Jamars Horace Lee. (Attachments: #1 Plaintiff's First Requests for the Production of Documents to Defendants)(Fitze, Sabrina)
July 27, 2010 Filing 43 ANSWER to #38 Amended Complaint by DeKalb Community Service Board.(Robertson, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 27, 2010 Filing 42 ANSWER to #38 Amended Complaint by Shundra Burnes, Marilyn McCreary.(Robertson, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 22, 2010 Filing 41 CERTIFICATE OF SERVICE (First Interrogatories and Requests for Production of Documents to Plaintiff) by B & M Management Company, LLC, Willow Ridge Apartments.(Sefton, Patrick)
July 21, 2010 Filing 40 ANSWER to #38 Amended Complaint (Second) by B & M Management Company, LLC, Willow Ridge Apartments.(Sefton, Patrick) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 8, 2010 Opinion or Order Filing 39 SCHEDULING ORDER approving #33 Preliminary Report and Discovery Plan except as herein modified: This case will be assigned to a 6-month discovery track. (Discovery ends on 1/3/2011.) Signed by Judge Richard W. Story on 7/08/2010. (pdw)
July 7, 2010 Filing 38 SECOND AMENDED COMPLAINT against Marilyn McCreary, DeKalb Community Service Board, Shundra Burnes, B & M Management Company, LLC, and Willow Ridge Apartment, filed by Jamars Horace Lee and Winifred A. Daniels pursuant to the court's #37 Order.(pdw) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 7, 2010 Opinion or Order Filing 37 ORDER granting Plaintiff's #25 Motion to Dismiss Dismiss Defendant DeKalbCommunity Service Board Foundation, Inc. Without Prejudice and terminating Dekalb Community Service Board Foundation, Inc.. Plaintiff's Motion to Withdraw Prematurely Filed Second Amended Complaint, Filed on June 3, 2010 #29 is GRANTED, and said Complaint shall be deemed WITHDRAWN. Plaintiffs Motion for Leave to Amend the Amended Complaint #29 is GRANTED. The Second Amended Complaint filed as an exhibit to the motion shall be deemed filed the date of entry of this Order. Signed by Judge Richard W. Story on 7/07/2010. (pdw)
July 6, 2010 Filing 36 Initial Disclosures by Jamars Horace Lee.(Wiech, Christopher)
July 6, 2010 Filing 35 Initial Disclosures by B & M Management Company, LLC, Willow Ridge Apartments. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Attachment E)(Sefton, Patrick)
July 6, 2010 Filing 34 Initial Disclosures by Marilyn McCreary, Shundra Burnes, Dekalb Community Service Board Foundation, Inc..(Robertson, James)
July 6, 2010 Filing 33 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by James Pargen Robertson, Jr, Jamars Horace Lee, Marilyn McCreary, Winifred A. Daniels, Shundra Burnes, B & M Management Company, LLC, Dekalb Community Service Board Foundation, Inc., Willow Ridge Apartments. (Robertson, James)
June 23, 2010 Filing 32 ANSWER to #26 Amended Complaint by Dekalb Community Service Board Foundation, Inc..(Robertson, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 23, 2010 Filing 31 ANSWER to #26 Amended Complaint by Marilyn McCreary, Shundra Burnes.(Robertson, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 23, 2010 Filing 30 ANSWER to #26 Amended Complaint by DeKalb Community Service Board.(Robertson, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 22, 2010 Filing 29 MOTION for Leave to File Withdraw Prematurely Filed Second Amended Complaint and for Leave to Amend Amended Complaint with Brief In Support by Jamars Horace Lee, Winifred A. Daniels. (Attachments: #1 Exhibit Proposed 2d Amend Complaint, #2 Text of Proposed Order)(Wiech, Christopher)
June 22, 2010 Filing 28 NOTICE of Change of Address for James Pargen Robertson, Jr, counsel for Dekalb Community Service Board Foundation, Inc. (Robertson, James)
June 22, 2010 Submission of #25 MOTION to Dismiss Defendant DeKalb Community Service Board Foundation, Inc. Without Prejudice, submitted to District Judge Richard W. Story. (pdw)
June 8, 2010 Filing 27 ANSWER to #26 Amended Complaint (Second) by B & M Management Company, LLC, Willow Ridge Apartments.(Sefton, Patrick) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 3, 2010 Filing 26 DOCUMENT FILED WITHOUT LEAVE OF COURT Second AMENDED COMPLAINT against all defendants, filed by Jamars Horace Lee.(Henderson, Douglas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 6/4/2010 to change document security (gar). Modified on 7/8/2010 (pdw). WITHDRAWN PER #37 ORDER OF 7/07/2010
June 3, 2010 Filing 25 MOTION to Dismiss Defendant DeKalb Community Service Board Foundation, Inc. Without Prejudice by Jamars Horace Lee. (Henderson, Douglas)
June 3, 2010 Filing 24 ANSWER to #7 Amended Complaint by B & M Management Company, LLC, Willow Ridge Apartments.(Sefton, Patrick) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 3, 2010 Filing 23 Summons Issued as to Marilyn McCreary, Shundra Burnes, Dekalb Community Service Board Foundation, Inc. (gar)
May 20, 2010 Filing 22 NOTICE by Jamars Horace Lee - Notice of Service of Notice of Claim on Parties as Required by O.C.G.A. Sections 50-21-26 and 50-21-35 (Henderson, Douglas)
May 10, 2010 Opinion or Order Filing 21 ORDER granting #14 Motion for Extension of Time to Answer, B & M Management Company, LLC, Willow Ridge Apartments will have until Friday, June 4, 2010 to answer, object, or otherwise respond to Plaintiff's Complaint. Further, pursuant to Local Rule 16.1, the Rule 26(f) conference shall be held with lead counsel for all parties to this action within sixteen (16) days after the appearance of these Defendants by answer or motion. Signed by Judge Richard W. Story on 5/10/2010. (gar)
May 3, 2010 Filing 20 Certificate of Interested Persons and Corporate Disclosure Statement by Dekalb Community Service Board Foundation, Inc. identifying Corporate Parent DeKalb Community Service Board for Dekalb Community Service Board Foundation, Inc.. (Robertson, James)
May 3, 2010 Filing 19 ANSWER to #7 Amended Complaint by Dekalb Community Service Board Foundation, Inc..(Robertson, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 3, 2010 Filing 18 Certificate of Interested Persons by Marilyn McCreary, Shundra Burnes. (Robertson, James)
May 3, 2010 Filing 17 ANSWER to #7 Amended Complaint ( Discovery ends on 9/30/2010.) with Jury Demand by Marilyn McCreary, Shundra Burnes.(Robertson, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 5/4/2010 to correct document link (gar).
April 30, 2010 Filing 16 NOTICE of Appearance by Patrick L. W. Sefton on behalf of B & M Management Company, LLC, Willow Ridge Apartments (Sefton, Patrick)
April 29, 2010 Filing 15 Certificate of Interested Persons by B & M Management Company, LLC, Willow Ridge Apartments. (Sefton, Patrick)
April 29, 2010 Filing 14 Joint STIPULATION and MOTION for Extension of Time to File Answer by B & M Management Company, LLC, Willow Ridge Apartments. (Sefton, Patrick) Modified on 5/11/2010 to correct event (gar).
April 26, 2010 Filing 13 Notice for Leave of Absence for the following date(s): September 6, 2010 thru September 17, 2010, by James Pargen Robertson, Jr. (Robertson, James)
April 23, 2010 Filing 12 REDOCKETED #11 AS Return of Service Executed by Jamars Horace Lee, Winifred A. Daniels. Marilyn McCreary served on 4/12/2010, answer due 5/3/2010; Shundra Burnes served on 4/12/2010, answer due 5/3/2010; B & M Management Company, LLC served on 4/13/2010, answer due 5/4/2010; Dekalb Community Service Board Foundation, Inc. served on 4/12/2010, answer due 5/3/2010; Willow Ridge Apartments served on 4/13/2010, answer due 5/4/2010. (gar)
April 23, 2010 Filing 11 DOCUMENT FILING ERROR NOTICE by Jamars Horace Lee re #7 Amended Complaint, - Notice of Filing Affidavit of Service (Henderson, Douglas) Modified on 4/23/2010 (gar).
April 13, 2010 Filing 10 NOTICE by Jamars Horace Lee re #7 Amended Complaint, - Exhibit A to Amended Complaint (Henderson, Douglas)
April 7, 2010 Filing 9 Summons Issued as to Marilyn McCreary, Shundra Burnes, B & M Management Company, LLC, Dekalb Community Service Board Foundation, Inc., Willow Ridge Apartments. (gar)
April 7, 2010 Filing 8 NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Sabrina Gardner Fitze re #7 Amended Complaint. (gar)
April 6, 2010 Filing 7 AMENDED COMPLAINT against Shundra Burnes, B & M Management Company, LLC, Dekalb Community Service Board Foundation, Inc., Marilyn McCreary, Willow Ridge Apartments, filed by Winifred A. Daniels, Jamars Horace Lee.(gar) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 6, 2010 Filing 6 NOTICE Of Manual Filing Amended Complaint by Jamars Horace Lee (gar)
March 8, 2010 Opinion or Order Filing 5 ORDER granting #4 Motion to Appoint Counsel. Plaintiff's claims are not frivolous and therefore, are NOT DISMISSED. However, Plaintiff's Complaint, while providing some evidence of specific conduct, frequently alleges liability on behalf of Defendants collectively. Plaintiff is DIRECTED to amend the Complaint within 30 days of the issuance of this Order to cure deficiencies in the Complaint. The Court will provide further instructions concerning initial disclosures and service of process after reviewing Plaintiff's amended complaint. Signed by Judge Richard W. Story on 3/8/2010. (gar)
March 8, 2010 Clerks Certificate of Mailing as to Jamars Horace Lee re #5 Order (gar)
September 15, 2009 Submission of #4 MOTION to Appoint Counsel, submitted to District Judge Richard W. Story. (gar)
August 25, 2009 Filing 4 MOTION to Appoint Counsel by Jamars Horace Lee. (gar)
August 20, 2009 Submission of #2 Complaint for frivolity determination, submitted to District Judge Richard W. Story. (gar)
August 20, 2009 Clerks Certificate of Mailing as to Jamars Horace Lee re #3 Order (gar)
August 19, 2009 Opinion or Order Filing 3 ORDER granting In Forma Pauperis, plaintiff shall be allowed to proceed with this action without prepayment of filing fees, docket costs, or USM service fees. It is further ordered that Service of Process shall not issue at present time; and the Clerk shall submit this file to the assigned district judge for a frivolity determination under 28 U.S.C. 1915(e)(2). Signed by Magistrate Judge Russell G. Vineyard on 8/19/2009. (gar) Modified on 8/21/2009 to correct file date (gar).
August 19, 2009 Case reported statistically. Matter transferred from 1:09-mi-322. Case assigned to Judge Richard W. Story. (gar)
August 14, 2009 Submission of #1 Affidavit in Support of Request to Proceed IFP, submitted to Magistrate Judge Russell G. Vineyard. (eop)
August 10, 2009 Filing 2 COMPLAINT received from Jamars Horace Lee. (Attachments: #1 Exhibit 1, #2 General Power of Attorney, #3 Statutory Health Care Power of Attorney, #4 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 10, 2009 Filing 1 Affidavit in Support of Request to Proceed IFP by Jamars Horace Lee. (eop)

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Plaintiff: Jamars Horace Lee
Represented By: Douglas Alton Henderson
Represented By: Sabrina Gardner Fitze
Represented By: Christopher A. Wiech
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Plaintiff: Winifred A. Daniels
Represented By: Douglas Alton Henderson
Represented By: Sabrina Gardner Fitze
Represented By: Christopher A. Wiech
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Defendant: Marilyn McCreary
Represented By: Adam Perry Ford
Represented By: James Pargen Robertson, Jr.
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Defendant: DeKalb Community Service Board
Represented By: Adam Perry Ford
Represented By: James Pargen Robertson, Jr.
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Defendant: Willow Ridge Apartments
Represented By: Patrick L. W. Sefton
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Defendant: Shundra Burnes
Represented By: Adam Perry Ford
Represented By: James Pargen Robertson, Jr.
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Defendant: B & M Management Company, LLC
Represented By: Patrick L. W. Sefton
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Defendant: Dekalb Community Service Board Foundation, Inc.
Represented By: James Pargen Robertson, Jr.
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Defendant: James Pargen Robertson, Jr.
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