Bailey v. Major Tommy Wheeler
| Derrick Bailey |
| City of Douglasville, Harvey K. Persons, III, Chris Womack, Sgt. Todd Garner, Capt. Zack Ardis, Sgt. Amy Belcher, Douglas County, Major Tommy Wheeler and John Doe Officers |
| 1:2013cv00941 |
| March 25, 2013 |
| US District Court for the Northern District of Georgia |
| Douglas |
| Richard W Story |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Race Discrimination |
| Both |
Docket Report
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This docket was last retrieved on October 16, 2018. A more recent docket listing may be available from PACER.
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| Filing 212 USCA Clerk's Entry of Voluntary Dismissal re: #204 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 18-11758-GG. (kac) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #204 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 18-11758-GG. The entire record on appeal is available electronically. (kac) |
| Filing 211 Documents forwarded to USCA re #210 Order on Motion for Reconsideration. Case Appealed to USCA - 11th Circuit Case Number 18-11758-GG. (rsg) |
Filing 210
ORDER denying #203 Motion for Reconsideration. As previously discussed by the Court [Doc. No. 200], despite having many months and despite being in possession of the correct name and information for the substitute defendant, Plaintiff failed to comply with Rule 25. Dismissal was appropriate. The Clerk is DIRECTED to send a copy of this order to the Clerk for the United States Court of Appeals for the Eleventh Circuit. Signed by Judge Richard W. Story on 06/14/2018. (rsg)
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| Submission of #203 MOTION for Reconsideration , to District Judge Richard W. Story. (rsg) |
| Filing 209 TRANSCRIPT ORDER FORM re #204 Notice of Appeal, #105 Notice of Appeal, #79 Notice of Appeal,. (Danley, Leonard) |
| Set Electronic Certification due date deadline re: #209 Transcript Order Form. Electronic Certification due on 5/25/2018. (No transcript is required for appeal purposes.)(kac) |
| Filing 208 RESPONSE re #203 MOTION for Reconsideration filed by Tommy Wheeler. (Mathis, Benton) |
| Filing 207 USCA Acknowledgment of #204 Notice of Appeal filed by Derrick Bailey. Case Appealed to USCA - 11th Circuit. USCA Case Number 18-11758-GG. (kac) |
| Filing 206 Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Order and Docket Sheet to US Court of Appeals re: #204 Notice of Appeal. (kac) |
| Filing 205 NOTICE Of Filing Appeal Transmission Letter by Derrick Bailey re: #204 Notice of Appeal. (kac) |
| Filing 204 NOTICE OF APPEAL as to #201 Clerk's Judgment, #200 Order on Motion to Substitute Party,, Order on Motion to Dismiss,,, by Derrick Bailey. Filing fee $ 505, receipt number 113E-7843379. Transcript Order Form due on 5/11/2018 (Danley, Leonard) |
| Filing 203 MOTION for Reconsideration with Brief In Support by Derrick Bailey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Danley, Leonard) |
| Filing 202 RESPONSE in Opposition re #193 MOTION to Dismiss for Failure to Substitute a Proper Party, and Response to Plaintiff's Motion for Substitution of a Party filed by Derrick Bailey. (Danley, Leonard) |
| Filing 201 CLERK'S JUDGMENT dismissing this action with prejudice pursuant to Rule 25. (dgr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 200
ORDER: Plaintiffs Amended Motion #197 is DENIED, and this case is DISMISSED with prejudice pursuant to Rule 25. The remaining motions #192 and #193 are DENIED as moot. The Clerk is DIRECTED to close this action. Signed by Judge Richard W. Story on 03/29/2018. (dgr)
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| Civil Case Terminated. (dgr) |
| Submission of #193 MOTION to Dismiss for Failure to Substitute a Proper Party, and Response to Plaintiff's Motion for Substitution of a Party, to District Judge Richard W. Story. (rsg) |
| Filing 199 RESPONSE in Opposition re #197 Amended MOTION to Substitute Party Tommy Wheeler filed by Tommy Wheeler. (Mathis, Benton) |
| Filing 198 CERTIFICATE OF SERVICE of Discovery by Derrick Bailey.(Danley, Leonard) |
| Filing 197 Amended MOTION to Substitute Party re #192 Motion to Substitute Party Tommy Wheeler with Brief In Support by Derrick Bailey. (Attachments: #1 Exhibit Letters of Administration)(Danley, Leonard) Modified on 3/9/2018 to edit text. Talked to atty. (bnw). |
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Filing 196
ORDER granting #194 Motion to Stay. This action is hereby STAYED, for a period not to exceed sixty (60) days, pending the Court's ruling on Plaintiffs Motion for Substitution of a Party #192 and the Consolidated Motion to Dismiss for Failure to Substitute a Proper Party, Incorporated Memorandum of Law in Support, and Response to Plaintiffs Motion for Substitution of a Party #193 . In the event the Court both grants the Motion to Substitute and denies the Motion to Dismiss, the stay shall be lifted and the discovery period extended an additional sixty (60) days from the date the stay is lifted. Signed by Judge Richard W. Story on 03/09/2018. (dgr)
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| Filing 195 RESPONSE re #192 MOTION to Substitute Party filed by Tommy Wheeler. (sk) |
| Filing 194 Second MOTION to Stay with Brief In Support by Tommy Wheeler. (Attachments: #1 Text of Proposed Order)(Mathis, Benton) |
| Filing 193 MOTION to Dismiss for Failure to Substitute a Proper Party with Brief In Support by Tommy Wheeler. (Mathis, Benton) Modified on 3/7/2018 to remove wording as to Response to Motion. See #195 for separate entry (sk). |
| Notification of Docket Correction re #193 MOTION to Dismiss for Failure to Substitute a Proper Party, and Response to Plaintiff's Motion for Substitution of a Party. Pleading incorrectly docketed as both a motion and response. See #195 for separate entry of response to #192 Motion to Substitute Party. (sk) |
| Filing 192 MOTION to Substitute Party Tommy Wheelerby Derrick Bailey. (Danley, Leonard) |
| Filing 191 Notice for Leave of Absence for the following date(s): 2/10/18, 2/11/18, 2/12/18, 2/13/18, 2/14/18, 2/15/18, 2/16/18, 2/17/18, 2/18/18, 4/2/18, 4/3/18, 4/4/18, 4/5/18, 4/6/18, 9/20/18, 9/21/18, 11/21/18, 11/22/18, 11/23/18, 11/24/18, 12/24/18, 12/25/18, 12/26/18, 12/27/18, 12/28/18, 12/29/18, 12/30/18, 12/31/18, 1/1/19, 1/2/19, by Leonard Danley. (Danley, Leonard) |
| Submission of #183 MOTION for Leave to File Supplemental Pleading to Conform to Evidence, to District Judge Richard W. Story. (rsg) |
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Filing 190
ORDER granting #187 Motion to Stay. This action is hereby STAYED, for a period not to exceed ninety (90) days, pending the substitution of an appropriate party as Defendant. If an appropriate party is substituted before the end of this ninety (90) day period, the stay shall be lifted and the discovery period extended an additional thirty (30) days from the date the stay is lifted. Signed by Judge Richard W. Story on 12/06/2017. (rsg)
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| Filing 189 NOTICE by Tommy Wheeler re #185 Notice (Other) Supplement to Suggestion of Death of Defendant (Attachments: #1 Exhibit A)(Mathis, Benton) |
| Filing 188 (DUPLICATE FILING OF #189 ) NOTICE by Tommy Wheeler re #185 Notice (Other) Supplement to Suggestion of Death of Defendant (Attachments: #1 Exhibit A)(Mathis, Benton) Text Modified on 11/30/2017 per the Request of the Defendant's Attorney (sap). |
| Filing 187 MOTION to Stay with Brief In Support by Tommy Wheeler. (Attachments: #1 Text of Proposed Order)(Mathis, Benton) |
| Filing 186 CERTIFICATE OF SERVICE by Tommy Wheeler.(Mathis, Benton) |
| Filing 185 NOTICE by Tommy Wheeler of Suggestion of Death of Defendant (Attachments: #1 Exhibit A)(Mathis, Benton) |
| Filing 184 RESPONSE re #183 MOTION for Leave to File Supplemental Pleading to Conform to Evidence filed by Tommy Wheeler. (Attachments: #1 Exhibit A & B)(Mathis, Benton) |
| Filing 183 MOTION for Leave to File Supplemental Pleading to Conform to Evidence by Derrick Bailey. (Attachments: #1 Supplement Plaintiff's Supplemental Pleading)(Danley, Leonard) |
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Filing 182
ORDER granting #181 Motion for Extension of Time. The discovery period hereby is extended through and including December 8, 2017. Signed by Judge Richard W. Story on 10/10/2017. (dgr)
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| Filing 181 Fourth MOTION for Extension of Time to Extend Discovery Period by Tommy Wheeler. (Attachments: #1 Text of Proposed Order Order)(Mathis, Benton) |
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Filing 180
ORDER: The parties have submitted to the Court a discovery dispute regarding the release of Plaintiff s medical records to Defendant. After reviewing thesubmissions of the parties, it appears that Plaintiffs primary objection tosigning the most recent HIPAA Authorization Form is the timeliness of therequest. The Court overrules this objection and ORDERS Plaintiff toimmediately execute the authorization. Signed by Judge Richard W. Story on 10/04/17. (sk)
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| Filing 179 CERTIFICATE OF SERVICE re #160 Initial Disclosures of Defendant's First Supplement to Initial Disclosures by Tommy Wheeler.(Hill, Michael) |
| Filing 178 NOTICE to Take Deposition of Kaiser Foundation Health Plan of Georgia, Inc. filed by Tommy Wheeler (Attachments: #1 Exhibit 1)(Hill, Michael) |
| Filing 177 NOTICE to Take Deposition of Derrick Bailey filed by Tommy Wheeler (Hill, Michael) |
| Filing 176 CERTIFICATE OF SERVICE of Discovery by Tommy Wheeler.(Mathis, Benton) |
| Filing 175 NOTICE by Tommy Wheeler of Service of Subpoena for the Production of Documents (Attachments: #1 Exhibit 1)(Hill, Michael) |
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Filing 174
ORDER granting #173 Motion for Extension of Time to Complete Discovery. Discovery ends on 10/9/2017. Signed by Judge Richard W. Story on 07/25/2017. (dgr)
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| Filing 173 Consent MOTION for Extension of Time to Complete Discovery by Tommy Wheeler. (Attachments: #1 Text of Proposed Order)(Buechner, William) |
| Filing 172 NOTICE by Tommy Wheeler of Service of Subpoena for the Production of Documents (Attachments: #1 Exhibit A)(Hill, Michael) |
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Filing 171
ORDER granting #169 Motion to Withdraw Martin B. Heller as Attorney. Signed by Judge Richard W. Story on 07/14/2017. (rsg)
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| Filing 170 CERTIFICATE OF SERVICE of Discovery by Derrick Bailey.(Danley, Leonard) |
| Filing 169 Consent MOTION to Withdraw Martin B. Heller as Attorneyby Tommy Wheeler. (Attachments: #1 Text of Proposed Order Granting Certificate of Consent Withdrawal for Defendant Major Tommy Wheeler)(Heller, Martin) |
| Filing 168 NOTICE by Tommy Wheeler of Service of Subpoenas for the Production of Documents (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hill, Michael) |
| Filing 167 Notice for Leave of Absence for the following date(s): 6/19, 6/20, 6/21, 6/22, 6/23, 6/24, 6/25, 6/26, 6/27, 6/28, 6/29, 6/30, 7/1, 7/2, 7/3, 7/4, 7/5, 7/6, 7/7, 7/13, 7/14, 9/21, 9/22, 11/22, 11/23, 11/24, 12/22, 12/23, 12/24, 12/25, 12/26, 12/27, 12/28, 12/29, 12/30, 12/31, 01/01/2018, 01/02/2018, by Leonard Danley. (Danley, Leonard) |
| Filing 166 NOTICE of Appearance by Michael McDonnell Hill on behalf of Tommy Wheeler (Hill, Michael) |
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Filing 165
ORDER granting #164 Motion for Extension of Time to Complete Discovery Discovery ends on 8/9/2017. Signed by Judge Richard W. Story on 6/5/2017. (jkl)
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| Filing 164 Consent MOTION for Extension of Time to Complete Discovery by Tommy Wheeler. (Attachments: #1 Text of Proposed Order)(Buechner, William) |
| NOTICE of Undeliverable Electronic Mail re: #164 Consent MOTION for Extension of Time to Complete Discovery . Mail returned for Martin B. Heller due to no longer employed with the firm. Electronic notification has been turned off. (aar) |
| Filing 163 CERTIFICATE OF SERVICE (Defendant's First Request for Production of Documents to Plaintiff) by Tommy Wheeler.(Buechner, William) |
| Filing 162 CERTIFICATE OF SERVICE (Defendant's First Interrogatories to Plaintiff) by Tommy Wheeler.(Buechner, William) |
| Filing 161 Initial Disclosures by Derrick Bailey.(Danley, Leonard) |
| Filing 160 Initial Disclosures by Tommy Wheeler.(Heller, Martin) |
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Filing 159
SCHEDULING ORDER: Approving #158 Joint Preliminary Report and Discovery Plan. The 4 month discovery period shall commence 2/9/2017. Discovery ends on 6/9/2017. Signed by Judge Richard W. Story on 2/7/2017. (bdb)
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| Filing 158 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Tommy Wheeler. (Heller, Martin) |
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Filing 157
ORDER granting #156 Consent Motion to Stay Discovery and All Case Related Deadlines. It is hereby ORDERED that the case is stayed for fourteen (14) days to allow Plaintiff's new counsel to gain familiarity with the matter, through and including February 6, 2017. The Parties shall meet and confer, and they shall file their joint preliminary report and discovery plan no later than February 6, 2017. Signed by Judge Richard W. Story on 1/30/2017. (bdb)
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| Filing 156 Consent MOTION to Stay Discovery and All Case Related Deadlines and Memorandum of Law in Support by Tommy Wheeler. (Attachments: #1 Text of Proposed Order)(Heller, Martin) |
| Filing 155 Defendant Tommy Wheeler's ANSWER to #85 Amended Complaint by Tommy Wheeler.(Mathis, Benton) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 154 NOTICE of Appearance by Leonard Danley on behalf of Derrick Bailey (Attachments: #1 Certificate of Service)(Danley, Leonard) |
| Filing 153 NOTICE of Appearance by Benton J. Mathis, Jr on behalf of Tommy Wheeler (Mathis, Benton) |
| Filing 152 NOTICE of Appearance by William H. Buechner, Jr on behalf of Tommy Wheeler (Buechner, William) |
| Filing 151 NOTICE of Appearance by Martin B. Heller on behalf of Tommy Wheeler (Heller, Martin) |
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Filing 150
ORDER DIRECTING parties to confer and submit a proposed amended scheduling order within fourteen days. Given the nature of Plaintiff's remaining claims, this case is no longer referred to Magistrate Judge Catherine M. Salinas. Additionally, the Court notes that fictitious party pleading is generally not allowed in federal court. As such, to the extent that Plaintiff asserts claims against "John Doe Officers," those claims are hereby DISMISSED. Signed by Judge Richard W. Story on 1/9/2017. (bdb)
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| Clerks Certificate of Mailing as to Derrick Bailey re #150 Order. (bdb) |
| Filing 149 Certified copy of JUDGMENT of USCA AFFIRMING the decision of the District Court re: #79 Notice of Appeal filed by Tommy Wheeler. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11627-AA. (kac) |
| Filing 148 USCA Opinion received re: (AFFIRMING) #79 Notice of Appeal filed by Tommy Wheeler. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11627-AA. (kac) |
| Filing 147 Mail Returned as Undeliverable. Mail sent to Derrick Bailey re #142 Order on Motion to Withdraw as Attorney. (sk) |
| Clerks Certificate of Mailing as to Derrick Bailey re #146 Stipulation of Dismissal. (sk) |
| Filing 146 STIPULATION of Dismissal pursuant to FRCP 41.a.1.ii by Zack Ardis, Derrick Bailey, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack. (sk) Modified on 5/4/2016 (sk). (see #145 Motion filed; construed as a stipulation of dismissal per chambers) |
| Filing 145 MOTION to Dismiss with Prejudice of the City Defendants by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack, and Derrick Bailey. (Attachments: #1 Text of Proposed Order)(Morgan, Sharon) Modified on 5/4/2016 (sk). (Motion to be construed as a Stipulation of Dismissal; see #146 Stipulation of Dismissal) |
| Submission of #142 Order directing plaintiff to respond within 14 days or new counsel to file an appearance, submitted to Magistrate Judge Catherine M. Salinas. (sk) |
| Filing 144 CORRECTED Certified copy of ORDER of USCA DENYING Plaintiff-Appellee's Motion to Stay all district court proceedings pending #79 Notice of Appeal filed by Tommy Wheeler. The #105 Notice of Appeal filed by Tommy Wheeler is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions in case no. 16-10169-AA are DENIED MOOT. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 15-11627-AA and 16-10169-AA. (Attachments: #1 USCA Corrected Notice)(kac) |
| Filing 143 Certified copy of ORDER of USCA DENYING Plaintiff-Appellee's Motion to Stay all district court proceedings pending #79 Notice of Appeal filed by Tommy Wheeler. The #105 Notice of Appeal filed by Tommy Wheeler is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions in case no. 16-10169-AA are DENIED MOOT. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 15-11627-AA and 16-10169-AA. () (kac) |
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Filing 142
ORDER granting #140 Motion to Withdraw as Attorney. The Clerk is DIRECTED to update the docket to reflect that Ms. Jones is no longer counsel of record for Plaintiff in this action. Plaintiff is ORDERED to have new counsel make an appearance by April 29, 2016 or, alternatively, advise the Court in writing by that date of his intent to proceed pro se. Failure to do so may result in a recommendation that this case be dismissed. Should Plaintiff elect to proceed pro se, Plaintiff is DIRECTED to serve upon counsel of record for the defendants a copy of every additional pleading or other document that is filed with the Clerk of the Court. Each pleading or other document filed with the Clerk shall include a certificate stating the date on which an accurate copyof that paper was mailed to defense counsel. This Court shall disregard any submittedpapers that have not been properly filed with the Clerk or that do not include a certificate of service. Plaintiff is also INSTRUCTED TO KEEP the Court and defense counsel advised of Plaintiffs current address at all times during the pendency of this action. Plaintiff is admonished that failure to do so may result in the dismissal of this action. The Clerk is DIRECTED to mail a copy of this Order, via U.S. Mail and Certified Mail, Return Receipt Requested, to the Plaintiff at the following address of record: Mr. Derrick Bailey, 3887 Daylily Way, Douglasville, Georgia, 30135. Signed by Magistrate Judge Catherine M. Salinas on 04/12/16. (sk)
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| Clerks Certificate of Mailing as to Derrick Bailey re #142 Order on Motion to Withdraw as Attorney. (Certified Mail/RR #7015 3010 0000 2827 3478) (sk) |
| Filing 141 Certified copy of ORDER of USCA GRANTING Attorney Jones' Motion to Withdraw as counsel of record for Appellee Derrick Bailey re: #105 Notice of Appeal filed by Tommy Wheeler. Case Appealed to USCA - 11th Circuit. USCA Case Number 16-10169-AA. (kac) |
| Submission of #140 MOTION to Withdraw Lucinda Jones as Attorney, submitted to Magistrate Judge Catherine M. Salinas. (sk) |
| Filing 140 MOTION to Withdraw Lucinda Jones as Attorney with Brief In Support by Derrick Bailey. (Attachments: #1 Withdrawal Letter)(Jones, Lucinda) |
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Filing 139
ORDER granting #137 Motion for Extension of Time to Complete Discovery. Discovery ends on 5/24/2016 and IT IS FURTHER ORDERED that the deadline for filing motions for summary judgment or other dispositive motions be extended up to and including June 23, 2016. Signed by Magistrate Judge Catherine M. Salinas on 03/17/2016. (rsg)
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| Filing 138 Notice for Leave of Absence for the following date(s): 4/1/16, 4/15-18/16, 4/28/16, 5/5-6/16, 5/25-30/16, 6/17-20/16, 8/4-9/16, 9/30/16, 10/21-31/16, by Brian R. Dempsey. (Dempsey, Brian) Modified text on 3/17/2016 (rsg). |
| Filing 137 Joint MOTION for Extension of Time to Complete Discovery by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack. (Attachments: #1 Text of Proposed Order)(Denton, Laura) |
| Filing 136 NOTICE by Derrick Bailey Served DOL with Court Order Granting Motion Seeking Permission to Subpoena Department of Labor Records (with Subpoena attached) (Attachments: #1 Exhibit Subpoena)(Jones, Lucinda) |
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Filing 135
ORDER granting #127 Motion Seeking Permission to Subpoena Georgia Department of Labor Records. The Court DIRECTS the DOL to comply with Plaintiffssubpoena by releasing and producing all responsive information and records in its possession within FOURTEEN (14) DAYS of the date of this Order, including the following records as more particularly set forth in the subject subpoena:(a) The Board of Reviews (BOR) March 19, 2013 and July 26, 2013 decisions concerning the City of Douglasvilles appeal of Plaintiffs unemployment benefit awards, Docket 63023B-12; (b) DOL Administrative Hearing OfficersDecember 29, 2014 decision concerning Plaintiffs appeal, Docket 40153-14;(c) BORs March 6, 2015 decision concerning Plaintiffs appeal, Docket 40153B-14; and (d) DOLs January 15, 2014 Benefit Overpayment Billing Statement."Signed by Magistrate Judge Catherine M. Salinas on 03/09/16. (sk)
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| Submission of #127 MOTION To Subpoena Georgia Department of Labor Records , submitted to Magistrate Judge Catherine M. Salinas. (sk) |
| Filing 134 CERTIFICATE OF SERVICE Defendant Amy Belcher's First Set of Interrogatories to Plaintiff by Amy Belcher.(Morgan, Sharon) |
| Filing 133 CERTIFICATE OF SERVICE Defendant Zach Ardis's First Set of Interrogatories to Plaintiff by Zack Ardis.(Morgan, Sharon) |
| Filing 132 CERTIFICATE OF SERVICE Defendant Todd Garner's First Set of Interrogatories to Plaintiff by Todd Garner.(Morgan, Sharon) |
| Filing 131 CERTIFICATE OF SERVICE Defendant Chris Womack's First Set of Interrogatories to Plaintiff by Chris Womack.(Morgan, Sharon) |
| Filing 130 CERTIFICATE OF SERVICE Defendant Harvey K Persons, III's First Set of Interrogatories to Plaintiff by Harvey K. Persons, III.(Morgan, Sharon) |
| Filing 129 CERTIFICATE OF SERVICE City Defendants' First Request for Production of Documents to Plaintiff by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack.(Morgan, Sharon) |
| Filing 128 CERTIFICATE OF SERVICE Defendant City of Douglasville's First Set of Interrogatories to Plaintiff by City of Douglasville.(Morgan, Sharon) |
| Filing 127 MOTION To Subpoena Georgia Department of Labor Records with Brief In Support by Derrick Bailey. (Attachments: #1 Exhibit A - Subpoena)(Jones, Lucinda) |
| Filing 126 CERTIFICATE OF SERVICE Defendant Belcher's Responses and Objections to Plaintiff's First Requests for Production of Documents to Defendant Sgt. Amy Belcher by Amy Belcher.(Morgan, Sharon) |
| Filing 125 CERTIFICATE OF SERVICE Defendant Belcher's Responses and Objections to Plaintiff's First Continuing Interrogatories to Defendant Sgt. Amy Belcher by Amy Belcher.(Morgan, Sharon) |
| Filing 124 CERTIFICATE OF SERVICE Defendant Belcher's Responses and Objections to Plaintiff's First Requests for Admission to Defendant Sgt. Amy Belcher by Amy Belcher.(Morgan, Sharon) |
| Filing 123 CERTIFICATE OF SERVICE Defendant Ardis's Responses and Objections to Plaintiff's First Requests for Production of Documents to Defendant Capt. Zach Ardis by Zack Ardis.(Morgan, Sharon) |
| Filing 122 CERTIFICATE OF SERVICE Defendant Ardis's Responses and Objections to Plaintiff's First Continuing Interrogatories to Defendant Capt. Zach Ardis by Zack Ardis.(Morgan, Sharon) |
| Filing 121 CERTIFICATE OF SERVICE Defendant Ardis's Responses and Objections to Plaintiff's First Requests for Admissions to Defendant Capt. Zach Ardis by Zack Ardis.(Morgan, Sharon) |
| Filing 120 CERTIFICATE OF SERVICE Defendant Garner's Responses and Objections to Plaintiff's First Requests for Production of Documents to Defendant Sgt. Todd Garner by Todd Garner.(Morgan, Sharon) |
| Filing 119 CERTIFICATE OF SERVICE Defendant Garner's Responses and Objections to Plaintiff's First Continuing Interrogatories to Defendant Sgt. Todd Garner by Todd Garner.(Morgan, Sharon) |
| Filing 118 CERTIFICATE OF SERVICE Defendant Garner's Responses and Objections to Plaintiff's First Requests for Admissions to Defendant Sgt. Todd Garner by Todd Garner.(Morgan, Sharon) |
| Filing 117 CERTIFICATE OF SERVICE Defendant Womack's Responses and Objections to Plaintiff's First Requests for Production of Documents to Defendant Chief Chris Womack by Chris Womack.(Morgan, Sharon) |
| Filing 116 CERTIFICATE OF SERVICE Defendant Womack's Responses and Objections to Plaintiff's First Continuing Interrogatories to Defendant Chief Chris Womack by Chris Womack.(Morgan, Sharon) |
| Filing 115 CERTIFICATE OF SERVICE Defendant Womack's Responses and Objections to Plaintiff's First Requests for Admissions to Defendant Chief Chris Womack by Chris Womack.(Morgan, Sharon) |
| Filing 114 CERTIFICATE OF SERVICE Defendant Persons's Responses and Objections to Plaintiff's First Requests for Production of Documents to Defendant Mayor Harvey Persons by Harvey K. Persons, III.(Morgan, Sharon) |
| Filing 113 CERTIFICATE OF SERVICE Defendant Persons's Responses and Objections to Plaintiff's First Continuing Interrogatories to Defendant Mayor Harvey Persons by Harvey K. Persons, III.(Morgan, Sharon) |
| Filing 112 CERTIFICATE OF SERVICE Defendant Persons' Responses and Objections to Plaintiff's First Requests for Admissions by Harvey K. Persons, III.(Morgan, Sharon) |
| Filing 111 CERTIFICATE OF SERVICE Defendant City of Douglasville's Responses and Objections to Plaintiff's First Requests for Production of Documents to Defendant City of Douglasville by City of Douglasville.(Morgan, Sharon) |
| Filing 110 CERTIFICATE OF SERVICE Defendant City of Douglasville's Responses and Objections to Plainiff's First Continuing Interrogatories to Defendant City of Douglasville by City of Douglasville.(Morgan, Sharon) |
| Filing 109 CERTIFICATE OF SERVICE Defendant City of Douglasville's Responses and Objections to Plaintiff's First Requests for Admission to Defendant City of Douglasville by City of Douglasville.(Morgan, Sharon) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #105 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 16-10169-AA. The entire record on appeal is available electronically. (kac) |
| Filing 108 USCA Acknowledgment of #105 Notice of Appeal filed by Tommy Wheeler. Case Appealed to USCA - 11th Circuit. USCA Case Number 16-10169-A. (kac) |
| Filing 107 Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re: #105 Notice of Appeal. (kac) |
| Filing 106 NOTICE Of Filing Appeal Transmission Letter by Tommy Wheeler re: #105 Notice of Appeal. (kac) |
| Filing 105 NOTICE OF APPEAL as to #103 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Stay,, by Tommy Wheeler. Filing fee $ 505, receipt number 113E-6216553. Transcript Order Form due on 1/19/2016 (Dempsey, Brian) |
| Filing 104 CERTIFICATE OF SERVICE (Plaintiffs First Requests for Admissions, First Continuing Interrogatories, and Request for Production of Documents and Things to each named Defendant) by Derrick Bailey.(Jones, Lucinda) |
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Filing 103
ORDER denying, with leave to re-file after the Eleventh Circuit's opinion is issued, Defendant Tommy Wheeler's #86 Motion to Dismiss. Defendant Tommy Wheeler's #98 Motion to Stay is DISMISSED as moot. Signed by Judge Richard W. Story on 12/2/2015. (cem)
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Filing 102
SCHEDULING ORDER: Approving #100 Joint Preliminary Report and Discovery Plan. Discovery ends on 3/26/2016. Instructions regarding Parties Regarding Summary Judgment Motions. Signed by Magistrate Judge Catherine M. Salinas on 11/24/2015. (bdb)
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| Filing 101 Initial Disclosures by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack.(Anthony, Laura) |
| Filing 100 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack. (Anthony, Laura) |
| Filing 99 RESPONSE re #98 MOTION to Stay Pending Appeal filed by Derrick Bailey. (Attachments: #1 Exhibit A)(Jones, Lucinda) |
| Submission of #98 Emergency MOTION to Stay Pending Appeal, submitted to Magistrate Judge Catherine M. Salinas. (cem) |
| Submission of #98 EMERGENCY MOTION to Stay Pending Appeal, submitted to District Judge Richard W. Story. (cem) |
| Filing 98 EMERGENCY MOTION to Stay Pending Appeal filed by Tommy Wheeler. (Motion contained in the Objection #97 but not efiled separately.) (cem) |
| Filing 97 OBJECTION re #95 Order on Motion for Relief from Order/Judgment,, by Tommy Wheeler. (Dempsey, Brian) |
| Filing 96 Initial Disclosures by Derrick Bailey.(Jones, Lucinda) |
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Filing 95
ORDER granting Plaintiff's #88 Motion to Lift the Stay of Discovery as to Plaintiff and the City Defendants. Plaintiff's action against Defendant Wheeler remains stayed in all aspects until Wheeler's interlocutory appeal is resolved. It is hereby ORDERED that Plaintiff and the City Defendants shall comply with their preliminary mandates under the federal and local rules, including filing initial disclosures and a joint preliminary report and discovery plan, on or before TWENTY-ONE (21) DAYS from the date of this order. Discovery between those parties shall commence THIRTY (30) DAYS from the date of this order. Signed by Magistrate Judge Catherine M. Salinas on 10/26/2015. (cem)
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| Submission of #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to Magistrate Judge Catherine M Salinas. (cem) |
| Filing 94 REPLY BRIEF re #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tommy Wheeler. (Dempsey, Brian) |
| Submission of #88 MOTION to Lift Stay from Discovery, submitted to Magistrate Judge Catherine M. Salinas. (cem) |
| Filing 93 REPLY to Response to Motion re #88 MOTION for Relief Lift Stay from Discovery filed by Derrick Bailey. (Jones, Lucinda) |
| Filing 92 RESPONSE re #88 MOTION for Relief Lift Stay from Discovery filed by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack. (Anthony, Laura) |
| Filing 91 RESPONSE in Opposition re #88 MOTION to Lift Stay filed by Tommy Wheeler. (Dempsey, Brian) |
| Filing 90 RESPONSE in Opposition re #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Derrick Bailey. (Jones, Lucinda) |
| Filing 89 CLERK'S NOTICE of Magistrate Judge Reassignment. (cem) |
| Case Reassigned to Magistrate Judge Catherine M. Salinas. Magistrate Judge E. Clayton Scofield, III no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:13-cv-941-RWS-CMS. Please make note of this change in order to facilitate the docketing of pleadings in this case. (cem) |
| Filing 88 MOTION to Lift Stay from Discovery with Brief In Support by Derrick Bailey. (Jones, Lucinda) Modified on 7/17/2015 (cem). |
| Filing 87 ANSWER to #85 Amended Complaint by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack.(Anthony, Laura) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Tommy Wheeler. (Attachments: #1 Brief Memorandum of Law in Support of Defendant Major Tommy Wheeler's Motion to Dismiss Plaintiff's Third Amended Complaint)(Dempsey, Brian) |
| Filing 85 THIRD AMENDED COMPLAINT against Zack Ardis, Amy Belcher, City of Douglasville, John Doe Officers, Todd Garner, Harvey K. Persons, III, Tommy Wheeler, Chris Womack, filed by Derrick Bailey.(cem) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 84
ORDER granting Plaintiff's #73 Motion for Leave to File a Third Amended Complaint. The Third Amended Complaint [Doc.73-1], will be deemed FILED as of the date of entry of this Order. Signed by Magistrate Judge E. Clayton Scofield, III on 6/8/2015. (cem)
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| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #79 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11627-AA. The entire record on appeal is available electronically. (kac) |
| Filing 83 USCA Acknowledgment of #79 Notice of Appeal filed by Tommy Wheeler. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11627-A. (kac) |
| Filing 82 NOTICE by Derrick Bailey EEOC's Issuance of Right to Sue letters (Attachments: #1 Exhibit)(Jones, Lucinda) |
| Filing 81 Transmission of Certified Copy of Notice of Appeal, Judgment, Orders, Report and Recommendation, and Docket Sheet to US Court of Appeals re: #79 Notice of Appeal. (kac) |
| Filing 80 NOTICE Of Filing Appeal Transmission Letter by Tommy Wheeler re: #79 Notice of Appeal. (kac) Modified on 4/15/2015 to correct filer (kac). |
| Filing 79 NOTICE OF APPEAL as to #76 Order on Motion to Dismiss for Failure to State a Claim, Order on Report and Recommendation,,,, by Tommy Wheeler. Filing fee $ 505, receipt number 113E-5770128. Transcript Order Form due on 4/29/2015 (Dempsey, Brian) |
| Notification of Docket Correction re: #80 Notice of Filing. (kac) |
| Filing 78 ANSWER to #41 Second Amended Complaint by Tommy Wheeler.(Dempsey, Brian) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/30/2015 to create link to Second Amended Complaint #41 . (cem) |
| Submission of #73 MOTION for Leave to File Third Amended Complaint, submitted to Magistrate Judge E. Clayton Scofield. (jtj) |
| Filing 77 REPLY to Response to Motion re #73 MOTION for Leave to File Third Amended Complaint filed by Derrick Bailey. (Attachments: #1 Exhibit)(Jones, Lucinda) |
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Filing 76
ORDER approving and adopting the #70 Report and Recommendations as the Opinion and Order of this Court. Accordingly, Defendant Wheeler's #45 Motion to Dismiss Plaintiff's Second Amended Complaint is GRANTED IN PART and DENIED IN PART. The Motion is granted as to Plaintiff's Fourteenth Amendment Claim and IIED claim as alleged against Wheeler and denied as to Plaintiff's claims for retaliation under the First Amendment and state law defamation. Signed by Judge Richard W. Story on 3/16/2015. (cem)
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| Filing 75 RESPONSE in Opposition re #73 MOTION for Leave to File Third Amended Complaint filed by Zack Ardis, Amy Belcher, City of Douglasville, John Doe Officers, Douglas County, Todd Garner, Harvey K. Persons, III, Tommy Wheeler, Chris Womack. (Anthony, Laura) |
| Filing 74 RESPONSE re #72 Objections to Report and Recommendation filed by Derrick Bailey. (Jones, Lucinda) |
| Submission of #70 REPORT AND RECOMMENDATION recommending that Defendant Wheeler's motion to dismiss Plaintiff's second amended complaint #45 , be GRANTED in part and DENIED in part. The undersigned RECOMMENDS that the motion to dismiss be GRANTED as to Plaintiff's Fourteenth Amendment claim and IIED claim as alleged against Wheeler. And Wheeler's motion to dismiss should be DENIED as to Plaintiff's claims for retaliation under the First Amendment and state law defamation. Submitted to District Judge Richard W. Story. (cem) |
| Filing 73 MOTION for Leave to File Third Amended Complaint with Brief In Support by Derrick Bailey. (Attachments: #1 Third Amended Complaint for Civil Rights Violations)(Jones, Lucinda) |
| Filing 72 OBJECTIONS to #70 Report and Recommendation filed by Tommy Wheeler. (Dempsey, Brian) |
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Filing 71
ORDER for Service of #70 Order, Report and Recommendation by Magistrate Judge E. Clayton Scofield, III. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge E. Clayton Scofield, III on 2/4/2015. (cem)
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Filing 70
ORDER, REPORT AND RECOMMENDATION: Plaintiff's motions to strike, [Docs. 63, 64], are DENIED. Plaintiff's second motion for leave to amend, [Doc. 49], is GRANTED in part and DENIED in part. The motion is granted only to the extent that Plaintiff seeks to remove the 1985 claim from his second amended complaint. The Court STRIKES the 1985 claims alleged in the second amended complaint at paragraphs 57 through 65 of Doc. 41. Otherwise, the motion is DENIED. Finally, IT IS RECOMMENDED that Defendant Wheeler's motion to dismiss Plaintiff's second amended complaint #45 , be GRANTED in part and DENIED in part. The undersigned RECOMMENDS that the motion to dismiss be GRANTED as to Plaintiff's Fourteenth Amendment claim and IIED claim as alleged against Wheeler. And Wheeler's motion to dismiss should be DENIED as to Plaintiff's claims for retaliation under the First Amendment and state law defamation. Signed by Magistrate Judge E. Clayton Scofield, III on 2/4/2015. (cem)
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ORDER (contained in the R&R #70 ): denying Plaintiff's #63 , #64 motions to strike. Plaintiff's #49 second motion for leave to amend is GRANTED in part and DENIED in part. Signed by Magistrate Judge E. Clayton Scofield, III on 2/4/2015. (cem)
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| Filing 69 Notice for Leave of Absence for the following date(s): January 28, 2015, January 29, 2015, January 30, 2015, February 27, 2015, March 2, 2015, May 19, 2015, May 20, 2015, May 21, 2015, May 22, 2015, May 25, 2015, May 26, 2015, by Brian R. Dempsey. (Dempsey, Brian) |
| Filing 68 Notice for Leave of Absence for the following date(s): July 11, 14, 15, 16, 17, 18, 21, 2014, by Sharon P. Morgan. (Morgan, Sharon) |
| Submission of #63 MOTION to Strike Tommy Wheeler's Repy Brief in Support of His Motion to Dismiss Plaintiff's Second Amended Complaint, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Filing 67 REPLY to Response to Motion re #63 MOTION to Strike Tommy Wheeler's Repy Brief in Support of His Motion to Dismiss Plaintiff's Second Amended Complaint filed by Derrick Bailey. (Jones, Lucinda) |
| Submission of #64 MOTION to Strike Tommy Wheeler's Response in Opposition to Plaintiff's Second Moton for Leave to Amend Complaint, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Submission of #49 Second MOTION for Leave to File Amended Complaint, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Filing 66 RESPONSE in Opposition re #63 MOTION to Strike Tommy Wheeler's Repy Brief in Support of His Motion to Dismiss Plaintiff's Second Amended Complaint filed by Tommy Wheeler. (Freeman, Theodore) |
| Filing 65 REPLY to Response to Motion re #49 Second MOTION for Leave to File Amended Complaint filed by Derrick Bailey. (Jones, Lucinda) |
| Filing 64 MOTION to Strike Tommy Wheeler's Response in Opposition to Plaintiff's Second Moton for Leave to Amend Complaint with Brief In Support by Derrick Bailey. (Jones, Lucinda) |
| Filing 63 MOTION to Strike Tommy Wheeler's Repy Brief in Support of His Motion to Dismiss Plaintiff's Second Amended Complaint with Brief In Support by Derrick Bailey. (Jones, Lucinda) |
| Submission of #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Filing 62 REPLY BRIEF in Support re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by Tommy Wheeler. (Freeman, Theodore) Modified on 4/8/2014: Incorrect event used to efile pleading. Entry modified to reflect efiled pleading. (cem) |
| Filing 61 RESPONSE in Opposition re #49 Second MOTION for Leave to File Amended Complaint filed by Tommy Wheeler. (Freeman, Theodore) |
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Filing 60
ORDER denying as moot Plaintiff's #33 Motion for Injunction and Other Equitable Relief. Signed by Judge Richard W. Story on 4/7/2014. (cem)
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Filing 59
ORDER granting Defendant Tommy Wheeler's #46 Motion to Stay All Discovery, including participating in a Rule 26(f) early planning conference and filing initial disclosures, pending the resolution of Defendant's Wheeler's motion to dismiss. Signed by Magistrate Judge E. Clayton Scofield, III on 3/28/2014. (cem)
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| Filing 58 Guidelines for Discovery and Motion Practice. Signed by Magistrate Judge E. Clayton Scofield, III on 3/28/2014. (cem) |
| Filing 57 ANSWER and Affirmative Defenses to Plaintiff's #41 Second Amended Complaint by Amy Belcher.(Morgan, Sharon) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/28/2014 to correct docket entry to reflect efiled pleading and to link to doc. 41. (cem) |
| Filing 56 ANSWER and Affirmative Defenses to Plaintiff's #41 Second Amended Complaint by Zack Ardis.(Morgan, Sharon) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/28/2014 to correct docket entry to reflect efiled pleading and to link to doc. 41. (cem) |
| Filing 55 ANSWER and Affirmative Defenses to Plaintiff's #41 Second Amended Complaint by Todd Garner.(Morgan, Sharon) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/28/2014 to correct docket entry to reflect efiled pleading and to link to doc. 41. (cem) |
| Filing 54 ANSWER and Affirmative Defenses to Plaintiff's #41 Second Amended Complaint by Chris Womack.(Morgan, Sharon) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/28/2014 to correct docket entry to reflect efiled pleading and to link to doc. 41. (cem) |
| Filing 53 ANSWER and Affirmative Defenses to Plaintiff's #41 Second Amended Complaint by Harvey K. Persons, III.(Morgan, Sharon) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/28/2014 to correct docket entry to reflect efiled pleading and to link to doc. 41. (cem) |
| Filing 52 ANSWER and Affirmative Defenses to Plaintiff's #41 Second Amended Complaint by City of Douglasville.(Morgan, Sharon) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/28/2014 to correct docket entry to reflect correct filer, delete duplicate text and to reflect efiled pleading. (cem) |
| Filing 51 Certification of Consent to Substitution of Counsel. Laura Rachelle Anthony replacing attorney Amy S. Auffant. (Anthony, Laura) |
| Filing 50 JOINT CONSENT MOTION Responding to Defendant Major Tommy Wheeler's re #46 MOTION to Stay All Discovery filed by Zack Ardis, Derrick Bailey, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack. (Morgan, Sharon) Modified on 3/26/2014 to correct docket entry to reflect efiled pleading. (cem) |
| Filing 49 Second MOTION for Leave to File Amended Complaint with Brief In Support by Derrick Bailey. (Attachments: #1 Exhibit A)(Jones, Lucinda) |
| Filing 48 RESPONSE re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Derrick Bailey. (Attachments: #1 Brief)(Jones, Lucinda) |
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Filing 47
ORDER granting #44 Consent Motion to Extend the Time up to and including 3/27/2014, to Answer, Move or Otherwise Plead to Plaintiff's #41 Second Amended Complaint. Signed by Magistrate Judge E. Clayton Scofield, III on 3/13/2014. (cem)
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| Filing 46 MOTION to Stay All Discovery with Brief In Support by Tommy Wheeler. (Dempsey, Brian) |
| Filing 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Tommy Wheeler. (Attachments: #1 Memorandum of Law in Support)(Dempsey, Brian) |
| Filing 44 Consent MOTION for Extension of Time for Defendants City of Douglasville, Harvey K. Persons, Chris Womack, Todd Garner, Zach Ardis, and Amy Belcher to Answer or Respond to Plaintiff's Second Amended Complaint re: #41 Amended Complaint, by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack. (Attachments: #1 Text of Proposed Order)(Morgan, Sharon) |
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Filing 43
ORDER approving and adopting the #35 Report and Recommendations as the Opinion and Order of this Court. Accordingly, Defendant's #7 Motion to Dismiss Plaintiff's First Amended Complaint is DENIED, as MOOT. Signed by Judge Richard W. Story on 3/6/2014. (cem)
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| Submission of #33 MOTION for Preliminary Injunction, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Filing 42 REPLY to Response to Motion re #33 MOTION for Preliminary Injunction filed by Derrick Bailey. (Jones, Lucinda) |
| Submission of #35 REPORT AND RECOMMENDATION recommending that Defendant Wheeler's #7 Motion to Dismiss Plaintiff's first amended Complaint, be DENIED as moot upon Plaintiff's filing of an amended complaint in compliance with this order, submitted to District Judge Richard W. Story. (cem) |
| Filing 41 Second AMENDED COMPLAINT against Zack Ardis, Amy Belcher, City of Douglasville, John Doe Officers, Todd Garner, Harvey K. Persons, IIIwith Jury Demand, filed by Derrick Bailey.(Jones, Lucinda) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 40 Notice for Leave of Absence for the following date(s): March 6, 2014, March 7, 2014, April 4, 2014, April 7, 2014, May 22, 2014, May 23, 2014, May 26, 2014, May 27, 2014, September 25, 2015, September 26, 2014, September 29, 2014, September 30, 2014, October 24, 2014, October 27, 2014, October 28, 2014, by Brian R. Dempsey. (Dempsey, Brian) |
| Filing 39 RESPONSE re #33 MOTION for Preliminary Injunction filed by City of Douglasville. (Attachments: #1 Exhibit A - Check)(Auffant, Amy) |
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Filing 38
ORDER granting Defendant City of Douglasville's #37 Motion for an Extension of Time through and including 2/19/2014 to respond to Plaintiff's #33 Motion for Injunction. Signed by Magistrate Judge E. Clayton Scofield, III on 2/18/2014. (cem)
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| Filing 37 MOTION for Extension of Time to Respond to Plaintiff's Motion for Injunction and Other Equitable Relief by City of Douglasville. (Attachments: #1 Text of Proposed Order)(Auffant, Amy) |
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Filing 36
ORDER for Service of #35 Report and Recommendation by Magistrate Judge E. Clayton Scofield, III. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge E. Clayton Scofield, III on 2/14/2014. (cem)
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Filing 35
ORDER, REPORT AND RECOMMENDATION recommending that Defendant Wheeler's #7 Motion to Dismiss Plaintiff's first amended Complaint, be DENIED as moot upon Plaintiff's filing of an amended complaint in compliance with this order. Signed by Magistrate Judge E. Clayton Scofield, III on 2/14/2014. (cem) Modified on 2/14/2014 (cem).
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ORDER granting, nunc pro tunc, Defendant's Wheeler's #19 Motion to Stay all Discovery. Plaintiff's motions to strike #26 #27 are DENIED. Plaintiff's motion for leave to amend, #21 , is hereby GRANTED. Plaintiff is ordered to re-plead within fourteen (14) days of the entry of this order in conformity with this order. All other deadlines, including the time for answer and for commencement of discovery, shall be triggered by the applicable Federal or Local Rules. Signed by Magistrate Judge E. Clayton Scofield, III on 2/14/2014. (Rulings on motions contained within the Report and Recommendation #35 .) (cem)
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| Filing 34 Notice for Leave of Absence for the following date(s): March 10, 11, 12, 13, 14, 17, 2014, by Sharon P. Morgan. (Morgan, Sharon) |
| Filing 33 MOTION for Preliminary Injunction with Brief In Support by Derrick Bailey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Affidavit of Lucinda Jones, #7 Text of Proposed Order)(Jones, Lucinda) |
| Filing 32 Application for Leave of Absence for the following date(s): 12-19-13, 12-20-13, 12-21-13, 12-22-13, 12-23-12, 12-24-13, 12-25-13, 12-26-13, 12-27-12, 12-27-13, 12-28-13, 12-28-13, 12-29-13, 12-30-13, 12-31-13, 1-1-14, 1-2-14, 1-3-14, 1-4-14, 1-5-14, 1-6-14, 1-7-14, 1-8-14, by Lucinda Jones. (Jones, Lucinda) |
| Submission of #21 First MOTION to Amend Complaint for Civil Rights Violation, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Filing 31 REPLY to Response to Motion re #21 First MOTION to Amend Complaint for Civil Rights Violation filed by Derrick Bailey. (Jones, Lucinda) |
| Submission of #26 MOTION to Strike Major Tommy Wheeler's Reply in Support of His Motion to Dismiss Plaintiff's Amended Complaint, and #27 MOTION to Strike Major Tommy Wheeler's Response in Opposition to Plaintiff's Motion for Leave to Amend, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Filing 30 REPLY to Response to Motion re #27 MOTION to Strike Major Tommy Wheeler's Response in Opposition to Plaintiff's Motion for Leave to Amend filed by Derrick Bailey. (Jones, Lucinda) |
| Filing 29 REPLY to Response to Motion re #26 MOTION to Strike Major Tommy Wheeler's Reply in Support of His Motion to Dismiss Plaintiff's Amended Complaint filed by Derrick Bailey. (Jones, Lucinda) |
| Filing 28 RESPONSE re #26 MOTION to Strike Major Tommy Wheeler's Reply in Support of His Motion to Dismiss Plaintiff's Amended Complaint, #27 MOTION to Strike Major Tommy Wheeler's Response in Opposition to Plaintiff's Motion for Leave to Amend filed by Tommy Wheeler. (Freeman, Theodore) |
| Submission of #19 MOTION to Stay All Discovery, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Filing 27 MOTION to Strike Major Tommy Wheeler's Response in Opposition to Plaintiff's Motion for Leave to Amend with Brief In Support by Derrick Bailey. (Jones, Lucinda) |
| Filing 26 MOTION to Strike Major Tommy Wheeler's Reply in Support of His Motion to Dismiss Plaintiff's Amended Complaint with Brief In Support by Derrick Bailey. (Jones, Lucinda) |
| Submission of #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to Magistrate Judge E. Clayton Scofield. (cem) |
| Filing 25 RESPONSE in Opposition re #21 First MOTION to Amend Complaint for Civil Rights Violation filed by Tommy Wheeler. (Freeman, Theodore) |
| Filing 24 DOCUMENT FILED IN ERROR RESPONSE in Opposition re #21 First MOTION to Amend Complaint for Civil Rights Violation filed by Tommy Wheeler. (Freeman, Theodore) Modified on 7/1/2013: Incorrect pdf attached. Attorney re-efiled pleading. See entry no. 25. (cem) |
| Filing 23 REPLY in Support re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tommy Wheeler. (Freeman, Theodore) Modified on 7/1/2013 to correct docket entry to reflect efiled pleading. (cem) |
| Filing 22 RESPONSE in Support re #19 MOTION to Stay All Discovery filed by Derrick Bailey. (Jones, Lucinda) |
| Filing 21 First MOTION to Amend Complaint for Civil Rights Violation with Brief In Support by Derrick Bailey. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Jones, Lucinda) |
| Filing 20 RESPONSE re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Derrick Bailey. (Jones, Lucinda) |
| Filing 19 MOTION to Stay All Discovery with Brief In Support by Tommy Wheeler. (Dempsey, Brian) |
| Filing 18 Notice for Leave of Absence for the following date(s): July 12, 15, 16, 17, 18, 19, 2013, by Sharon P. Morgan. (Morgan, Sharon) |
| Filing 17 Certificate of Interested Persons by Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack. (Auffant, Amy) |
| Filing 16 ANSWER to #3 Amended Complaint by Amy Belcher.(Auffant, Amy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 15 ANSWER to #3 Amended Complaint by Zack Ardis.(Auffant, Amy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 14 ANSWER to #3 Amended Complaint by Todd Garner.(Auffant, Amy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 13 ANSWER to #3 Amended Complaint by Chris Womack.(Auffant, Amy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 12 ANSWER to #3 Amended Complaint by Harvey K. Persons, III.(Auffant, Amy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 11 ANSWER to #3 Amended Complaint by City of Douglasville. Discovery ends on 10/28/2013.(Auffant, Amy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 10
ORDER granting #6 Consent Motion to Extend the Time up to and including 5/31/2013, for Defendants City of Douglasville, Harvey K. Persons, Chris Womack, Todd Garner, Zach Ardis and Amy Belcher to Answer Plaintiff's re #3 Amended Complaint. Signed by Magistrate Judge E. Clayton Scofield, III on 5/30/2013. (cem)
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| Filing 9 NOTICE of Appearance by Brian R. Dempsey on behalf of Douglas County, Tommy Wheeler (Dempsey, Brian) |
| Filing 8 NOTICE of Appearance by Sharon P. Morgan on behalf of Zack Ardis, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack (Morgan, Sharon) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Tommy Wheeler. (Attachments: #1 Brief)(Freeman, Theodore) |
| Filing 6 Consent MOTION for Extension of Time to File Answer by Zack Ardis, Derrick Bailey, Amy Belcher, City of Douglasville, Todd Garner, Harvey K. Persons, III, Chris Womack. (Attachments: #1 Text of Proposed Order)(Auffant, Amy) |
| Filing 5 NOTICE of Appearance by Mark Andrew Begnaud on behalf of Douglas County, Tommy Wheeler (Begnaud, Mark) |
| Filing 4 NOTICE of Appearance by Theodore Freeman on behalf of Douglas County, Tommy Wheeler (Freeman, Theodore) |
| Filing 3 AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Derrick Bailey.(Jones, Lucinda) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 2 WAIVER OF SERVICE Returned Executed by Derrick Bailey. Zack Ardis waiver mailed on 3/26/2013, answer due 5/28/2013; Amy Belcher waiver mailed on 3/26/2013, answer due 5/28/2013; City of Douglasville waiver mailed on 3/26/2013, answer due 5/28/2013; Todd Garner waiver mailed on 3/26/2013, answer due 5/28/2013; Harvey K. Persons, III waiver mailed on 3/26/2013, answer due 5/28/2013; Tommy Wheeler waiver mailed on 3/26/2013, answer due 5/28/2013; Chris Womack waiver mailed on 3/26/2013, answer due 5/28/2013. (Jones, Lucinda) |
| Filing 1 COMPLAINT with Jury Demand filed. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 113E-4479703.), filed by Derrick Bailey. (Attachments: #1 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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