Bartlett et al v. Bickford et al
| Captain Jacks's Crab Shack, Inc, Captain Jacks's Crab Shack, Inc. doing business as Captain Jack's Shack, Ronnie Bartlett and Lee Bartlett |
| Cooke, K. David Cooke, Jr., Michael G. Lambros, Melanie Bickford and Christine Welch |
| 1:2016cv02887 |
| August 9, 2016 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Peach |
| Steve C Jones |
| Steve C Jones |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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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, #211 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 21-11112-JJ. The entire record on appeal is available electronically. (pjm) |
Filing 234
ORDER directing this action be administratively terminated pending resolution of the outstanding appeals. This matter will be reopened upon receipt from the United States Court of Appeals for the llth Circuit of such resolution. Signed by Judge Steve C. Jones on 5/25/2021. (ddm)
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| Civil Case Terminated. (ddm) |
| Filing 233 USCA Acknowledgment of #230 Amended Notice of Appeal, filed by Ronnie Bartlett and Lee Bartlett. Case Appealed to USCA- 11th Circuit. Case Number 21-11114-JJ. (pjm) |
| Filing 232 Transmission of Certified Copy of Notice of Appeal, Judgment, Orders and Docket Sheet to US Court of Appeals re: #230 Notice of Appeal. (pjm) |
| Filing 231 USCA Appeal Transmission Letter to 11th Circuit re: #230 Notice of Appeal, filed by Ronnie Bartlett and Lee Bartlett. (pjm) |
| Filing 230 AMENDED NOTICE OF APPEAL as to #205 Order on Motion to Dismiss for Failure to State a Claim, #202 Order on Motion for Leave to File, #207 Order on Motion to Dismiss for Failure to State a Claim and #229 Clerk's Judgment by Lee Bartlett and Ronnie Bartlett. Transcript Order Form due on 5/11/2021 (Anulewicz, Christopher) Modified on 4/27/2021 to update text (pjm). |
| Filing 229 CLERK'S JUDGMENT. (rjc)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 228
ORDER: The Court GRANTS Plaintiffs' Motion for Entry of Final Judgment Pursuant to Rule 54(b) (Doc. No. #222 ). The Court DIRECTS the Clerk to enter final judgment pursuant to Federal Rule of Civil Procedure 54(b) as to the following orders: (1) the Court's dismissal of Defendant K. David Cooke, Jr. (Doc. No. #205 ); (2) the Court's dismissal of Defendant Michael G. Lambros (Doc. No. #207 ); and (3) the Court's denial of Plaintiffs' Motion for Leave to File Third Amended Complaint (Doc. No. #202 ). Signed by Judge Steve C. Jones on 4/21/2021. (rjc)
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| Filing 227 Notice for Leave of Absence for the following date(s): May 29 through June 5, 2021, November 22 through November 26, 2021, December 20, 2021 through January 3, 2022, April 9 through April 20, 2022, and June 18 through June 25, 2022, by Christopher S. Anulewicz. (Anulewicz, Christopher) |
| Submission of #222 MOTION for Entry of Judgment under Rule 54(b) to District Judge Steve C. Jones. (rjc) |
| Filing 225 REPLY to Response to Motion re #222 MOTION for Entry of Judgment under Rule 54(b) filed by Ronnie Bartlett. (Anulewicz, Christopher) |
| Filing 224 RESPONSE in Opposition re #222 MOTION for Entry of Judgment under Rule 54(b) filed by K. David Cooke, Jr. (Garroway, Nathan) |
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Filing 223
ORDER: If any Terminated Defendants or Defendants wish to respond, the Court expedites the response period and ORDERS them to respond by no later than Friday April 16, 2021. Signed by Judge Steve C. Jones on 4/9/2021. (rjc)
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| Filing 222 MOTION for Entry of Judgment under Rule 54(b) with Brief In Support by Ronnie Bartlett. (Anulewicz, Christopher) |
| Filing 226 USCA Acknowledgment of #217 Notice of Appeal filed by Ronnie Bartlett. Case Appealed to USCA- 11th Circuit. Case Number 21-11114-JJ. (pjm) |
| Filing 221 USCA Acknowledgment of #212 Notice of Appeal filed by Christine Welch. Case Appealed to USCA- 11th Circuit. Case Number 21-11113-JJ. (pjm) |
| Filing 220 USCA Acknowledgment of #211 Notice of Appeal filed by Melanie Bickford. Case Appealed to USCA- 11th Circuit. Case Number 21-11112-JJ. (pjm) |
| Filing 219 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: #217 Notice of Appeal. (pjm) |
| Filing 218 USCA Appeal Transmission Letter to 11th Circuit re: #217 Notice of Appeal filed by Ronnie Bartlett. (pjm) |
| Filing 217 NOTICE OF APPEAL as to #205 Order on Motion to Dismiss for Failure to State a Claim, by Ronnie Bartlett. Filing fee $ 505, receipt number AGANDC-10881263. Transcript Order Form due on 4/20/2021 (Anulewicz, Christopher) |
| Filing 216 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: #212 Notice of Appeal. (pjm) |
| Filing 215 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: #211 Notice of Appeal. (pjm) |
| Filing 214 USCA Appeal Transmission Letter to 11th Circuit re: #212 Notice of Appeal filed by Christine Welch. (pjm) |
| Filing 213 USCA Appeal Transmission Letter to 11th Circuit re: #211 Notice of Appeal filed by Melanie Bickford. (pjm) |
| Filing 212 NOTICE OF APPEAL as to #209 Order on Motion for Judgment on the Pleadings by Christine Welch. Filing fee $ 505, receipt number AGANDC-10879683. Transcript Order Form due on 4/19/2021 (Clay, Frances) |
| Filing 211 NOTICE OF APPEAL as to #208 Order on Motion for Judgment on the Pleadings by Melanie Bickford. Filing fee $ 505, receipt number AGANDC-10879637. Transcript Order Form due on 4/19/2021 (Appel, Adam) |
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Filing 210
ORDER: The Court ORDERS that this matter is assigned to a four-month discovery track. Discovery SHALL RESUME April 9, 2021 and SHALL CLOSE August 9, 2021. No extensions of time shall be granted barring exceptional circumstances. The Court further ORDERS the Parties to file any motions for summary judgment or the proposed consolidated pretrial order within 30 days after the end of discovery. If a motion for summary judgment is filed, the proposed consolidated pretrial order must be filed within 30 days after this Court's ruling thereon. Signed by Judge Steve C. Jones on 4/5/2021. (rjc)
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Filing 209
ORDER denying Defendant Christine Welch's Renewed #182 Motion for Judgment on the Pleadings. Signed by Judge Steve C. Jones on 03/25/2021. (rvb)
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Filing 208
ORDER: The Court DENIES Defendant Melanie Bickford's #181 Renewed Motion for Judgment on the Pleadings. Signed by Judge Steve C. Jones on 3/24/2021. (rjs)
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Filing 207
ORDER: The Court GRANTS Defendant Michael Lambros' #180 Renewed Motion to Dismiss. The Court DISMISSES without prejudice Captain Jack's Crab Shack, Inc. d/b/a Captain Jack's Crab Shack for lack of standing. The Court further DISMISSES with prejudice all claims against Defendant Michael G. Lambros. The Court DIRECTS the Clerk to remove (1) Captain Jack's Crab Shack, Inc. d/b/a Captain Jack's Crab Shack as a plaintiff and (2) Michael G. Lambros as a defendant in this case. Signed by Judge Steve C. Jones on 3/18/2021. (rjs)
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Filing 206
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI)
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Filing 205
ORDER granting #179 Motion to Dismiss for Failure to State a Claim. The Court DISMISSES with prejudice all claims against Defendant K. David Cooke, Jr. The Court DIRECTS the Clerk to remove K. David Cooke, Jr. as a defendant in this case. Signed by Judge Steve C. Jones on 3/8/2021. (rjs)
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Filing 204
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)
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Filing 203
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI)
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Filing 202
ORDER: Plaintiffs' Motion for Leave to File Third Amended Complaint (Doc. No. #186 ) is DENIED. Signed by Judge Steve C. Jones on 11/17/2020. (rjs)
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| Filing 201 Certification of Consent to Substitution of Counsel. Jeffrey Charles Hoffmeyer replacing attorney John Colquitt Rogers. (Hoffmeyer, Jeffrey) |
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Filing 200
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI)
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Filing 199
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (rvb) (ADI)
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Filing 198
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI)
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Filing 197
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI)
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Filing 196
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)
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| Submission of #186 MOTION for Leave to File Third Amended Complaint to District Judge Steve C. Jones. (rjs) |
| Submission of #180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #181 MOTION for Judgment on the Pleadings, #182 MOTION for Judgment on the Pleadings to District Judge Steve C. Jones. (rjs) |
| Filing 195 REPLY BRIEF re #180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiffs' Second Amended Complaint) filed by Michael G. Lambros. (Rogers, John) |
| Filing 194 REPLY BRIEF re #186 MOTION for Leave to File Third Amended Compliant filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 193 REPLY BRIEF re #181 MOTION for Judgment on the Pleadings filed by Melanie Bickford. (Ericksen, Matthew) |
| Filing 192 REPLY to Response to Motion re #182 MOTION for Judgment on the Pleadings filed by Christine Welch. (Clay, Frances) |
| Submission of the #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Second Amended Complaint to District Judge Steve C. Jones. (aaq) |
| Filing 191 RESPONSE in Opposition re #186 MOTION for Leave to File Third Amended Compliant filed by Melanie Bickford, K. David Cooke, Jr, Michael G. Lambros, Christine Welch. (Zachman, Jeffrey) |
| Filing 190 REPLY BRIEF re #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Second Amended Complaint filed by K. David Cooke, Jr. (Zachman, Jeffrey) |
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DOCKET ORDER granting #183 Defendants' Motion to Stay Discovery pending this Court's ruling on Defendants' outstanding motions at #179 , #180 , #181 , and #182 . Counsel for the Plaintiffs has contact the Court's staff and indicated that Plaintiffs are unopposed. Entered by Judge Steve C. Jones on 6/4/2020. (pdw)
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| Filing 189 RESPONSE in Opposition re #180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiffs' Second Amended Complaint) filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 188 RESPONSE in Opposition re #182 MOTION for Judgment on the Pleadings filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 187 RESPONSE in Opposition re #181 MOTION for Judgment on the Pleadings filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 186 MOTION for Leave to File Third Amended Compliant with Brief In Support by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Exhibit A (Proposed Third Amended Complaint))(Anulewicz, Christopher) |
| Filing 185 RESPONSE in Opposition re #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Second Amended Complaint filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
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Filing 184
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI)
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| Filing 183 MOTION to Stay Discovery with Brief In Support by Melanie Bickford, K. David Cooke, Jr, Michael G. Lambros, Christine Welch. (Attachments: #1 Brief (Defendants' Memorandum of Law In Support of Their Motion to Stay Discovery))(Zachman, Jeffrey) |
| Filing 182 MOTION for Judgment on the Pleadings by Christine Welch. (Attachments: #1 Brief)(Clay, Frances) |
| Filing 181 MOTION for Judgment on the Pleadings with Brief In Support by Melanie Bickford. (Attachments: #1 Brief Memorandum of Law in Support of Bickford's Motion, #2 Exhibit Exhibit A: Trial Transcript Excerpts from Mr. Bartlett's Criminal Trial)(Ericksen, Matthew) |
| Filing 180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiffs' Second Amended Complaint) with Brief In Support by Michael G. Lambros. (Rogers, John) |
| Filing 179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Second Amended Complaint with Brief In Support by K. David Cooke, Jr. (Attachments: #1 Brief (Defendant K. David Cooke, Jr.s Memorandum Of Law In Support Of His Motion To Dismiss The Second Amended Complaint))(Zachman, Jeffrey) |
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Filing 178
ORDER: The Court VACATES its April 27, 2020 #175 Order and issues the following order in its place. As the issuance of the remittitur in the trial court is imminent, the Court LIFTS the current stay in this matter. The parties are further ORDERED to file their respective motions within fourteen (14) days of the entry of this Order. Discovery will resume immediately and conclude on October 15, 2020. Signed by Judge Steve C. Jones on 5/15/2020. (rjs)
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Filing 177
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI)
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| Filing 176 NOTICE of Appearance by Matthew Albert Ericksen on behalf of Melanie Bickford (Ericksen, Matthew) |
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Filing 175
VACATED PER ORDER AT DOC. #178 ORDER - Upon review, the Court acknowledges that its March 12, 2019 Order explicitly grants the continued stay of this matter until the issuance of the remittitur by the Georgia Court of Appeals. Doc. No. #159 , p. 1. Thus, in adherence to its prior Order, the Court hereby ORDERS that the stay in this matter will be lifted upon the issuance of the remittitur by the Georgia Court of Appeals. The parties are further ORDERED to file their respective motions within fourteen (14) days after the issuance of the remittitur. Signed by Judge Steve C. Jones on 4/27/2020. (tcc) Modified on 5/15/2020 (rjs).
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| Filing 174 Notice for Leave of Absence for the following date(s): May 23 - May 31, 2020, November 23 - November 27, 2020, and December 21, 2020 through January 2, 2021, by Christopher S. Anulewicz. (Anulewicz, Christopher) |
| Filing 173 NOTICE by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. re #168 Order to Show Cause, of Georgia Supreme Courts Denial of States Motion for Reconsideration and Final Resolution of Criminal Proceedings (Attachments: #1 Exhibit A (Denial of Motion for Reconsideration))(Anulewicz, Christopher) |
| Filing 172 REPLY re #171 Response to Order to Show Cause filed by Melanie Bickford, K. David Cooke, Jr, Michael G. Lambros, Christine Welch. (Zachman, Jeffrey) Modified on 4/14/2020 (rjs). |
| Filing 171 RESPONSE re #170 Response to Order to Show Cause filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Exhibit A (April 7, 2020 Email from M. Lambros), #2 Exhibit B (April 1, 2020 Email from D. Cooke))(Anulewicz, Christopher) |
| Filing 170 RESPONSE TO ORDER TO SHOW CAUSE re: #168 Order to Show Cause, filed by Melanie Bickford, K. David Cooke, Jr, Michael G. Lambros, Christine Welch. (Zachman, Jeffrey) |
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Filing 169
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI)
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Filing 168
ORDER TO SHOW CAUSE: Defendants are ORDERED to show cause within fourteen (14) days of the entry of this Order why the Court should not lift the stay of this matter given the denial of the petition for certiorari. The Clerk is DIRECTED to submit this matter to the undersigned if Defendants fail to comply with this Order. Signed by Judge Steve C. Jones on 3/27/2020. (rjs)
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| Filing 167 NOTICE by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. re #163 Order to Show Cause,, Notice of Final Resolution of State Court Criminal Proceedings and Request for Lift of Stay (Attachments: #1 Exhibit A (Georgia Supreme Courts March 26, 2020, Order))(Anulewicz, Christopher) |
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Filing 166
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/16/2020. (rvb)
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| Filing 165 NOTICE Of Filing by K. David Cooke, Jr (Attachments: #1 Petition of Writ of Certiorari)(Zachman, Jeffrey) |
| Filing 164 RESPONSE TO ORDER TO SHOW CAUSE re: #163 Order to Show Cause,, filed by Melanie Bickford, K. David Cooke, Jr, Michael G. Lambros, Christine Welch. (Attachments: #1 Exhibit A)(Zachman, Jeffrey) |
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Filing 163
ORDER TO SHOW CAUSE: The Court VACATES the July 22, 2019, Show Cause Order (Doc. No. 161]) and issues the following order in its place: This matter is before the Court on its prior order continuing the current stay of this case until after the Notice of Remittitur has been issued by the Georgia Court of Appeals. The State sought reconsideration by the Georgia Court of Appeals, which that court denied on July 15, 2019. In light of that denial, Defendants are ORDERED to show cause within seven (7) days of the entry of this Order why the Court should not lift the stay given the imminence of the Notice of Remittitur to be issued by the Georgia Court of Appeals. Signed by Judge Steve C. Jones on 7/23/2019. (rjs)
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| Filing 162 RESPONSE TO ORDER TO SHOW CAUSE re: #161 Order to Show Cause, filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Exhibit A (June 25, 2019 Opinion), #2 Exhibit B (July 15, Order Denying the State's Motion to Reconsider), #3 Exhibit C (Motion to Modify Conditions of Bond), #4 Exhibit D (Opposition to Motion to Modify Bond))(Anulewicz, Christopher) |
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Filing 161
VACATED PER ORDER AT DOC. #163 Defendant is ORDERED TO SHOW CAUSE within 7 days of the entry of this Order why the Court should not lift the stay given the imminence of the Notice of Remittitur to be issued by the Georgia Court of Appeals. Signed by Judge Steve C. Jones on 7/22/2019. (adg) Modified on 7/23/2019 (rjs).
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| Filing 160 Notice for Leave of Absence for the following date(s): May 31-June 6, 2019, June 22-29, 2019, July 8-10, 2019, November 25-29, 2019, December 23, 2019-January 2, 2020, by Christopher S. Anulewicz. (Anulewicz, Christopher) |
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Filing 159
ORDER: The Court GRANTS the parties' #158 request and ORDERS the stay continued until the Notice of Remittitur has been issued by the Georgia Court of Appeals. The parties are further ORDERED to file a joint status report within seven (7) days of the issuance of the Notice of Remittitur from the Georgia Court of Appeals. Signed by Judge Steve C. Jones on 3/12/2019. (rjs)
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| Filing 158 STATUS REPORT (JOINT) by K. David Cooke, Jr. (Zachman, Jeffrey) |
| Filing 157 NOTICE by Michael G. Lambros of Withdrawal of Counsel (Wetzel, Tyler) |
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DOCKET ORDER granting in part and denying in part #155 Defendants' Expedited Motion to continue stay. The Court will continue the stay in this matter for an additional six (6) months, through and until Feb. 10, 2019. The parties are further ORDERED to file a joint status report on or before that date. Entered by Judge Steve C. Jones on 8/10/2018. (pdw)
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| Filing 156 RESPONSE re #155 MOTION To Continue Stay (Expedited Motion) filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Anulewicz, Christopher) |
| Filing 155 MOTION To Continue Stay (Expedited Motion) by Melanie Bickford, K. David Cooke, Jr, Michael G. Lambros, Christine Welch. (Zachman, Jeffrey) |
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DOCKET ORDER re #155 Defendant's Expedite MOTION To Continue Stay: Plaintiffs are hereby ordered to file a response by Tuesday, 8/7/18 at 12:00 p.m. Entered by Judge Steve C. Jones on 8/3/2018. (pdw)
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| Filing 154 NOTICE Of Filing re: Lee Elder Bartlett's Motion for Continuance by K. David Cooke, Jr (Attachments: #1 Exhibit A - Order)(Zachman, Jeffrey) |
| Filing 153 NOTICE Of Filing Re: Motion for Continuance by K. David Cooke, Jr (Attachments: #1 Exhibit A - Motion for Continuance)(Zachman, Jeffrey) |
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Filing 152
ORDER: This case is STAYED for 120 days from the date of this Order. Defendants' Motions (Docs. No. #105 , #106 , #125 , #127 , #131 , #132 , #134 , #135 , #137 ) are DENIED as moot. Because of the unusual procedural posture of this case, the parties dispute the timeliness of Defendants' motions and the timing of discovery. The Court, thus, provides this additional clarification. Defendants have leave of Court to file motions to dismiss or for judgment on the pleadings within 7 days of the conclusion of the stay. Discovery will not commence until the Court has ruled on such motions, if any are filed. Signed by Judge Steve C Jones on 4/5/2018. (rjs)
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| Submission of #134 First MOTION for Judgment on the Pleadings to District Judge Steve C Jones. (rjs) |
| Submission of #137 Joint MOTION for Leave to File Motion for Leave to File Motions for Judgments on the Pleadings to District Judge Steve C Jones. (rjs) |
| Filing 151 REPLY BRIEF re #134 First MOTION for Judgment on the Pleadings filed by Melanie Bickford. (Attachments: #1 Exhibit Exhibit 1- Transcript of Motions Hearing held 8.4.2015)(Ruder, Kim) |
| Submission of #131 MOTION for Judgment on the Pleadings to District Judge Steve C Jones. (rjs) |
| Filing 150 REPLY to Response to Motion re #131 MOTION for Judgment on the Pleadings filed by Christine Welch. (Clay, Frances) |
| Submission of #125 MOTION to Stay and MOTION for Protective Order, #127 MOTION to Stay and MOTION for Protective Order to District Judge Steve C Jones. (rjs) |
| Submission of #135 First MOTION to Stay and MOTION for Protective Order to District Judge Steve C Jones. (rjs) |
| Filing 149 REPLY BRIEF re #135 First MOTION to Stay Discovery and Motion for Protective Order MOTION for Protective Order filed by Melanie Bickford. (Attachments: #1 Exhibit Exhibit 1- Discovery Extension Request, #2 Exhibit Exhibit 2- Bickford Discovery Responses)(Ruder, Kim) |
| Filing 148 NOTICE Of Filing Re: Trial of Lee Bartlett by K. David Cooke, Jr (Zachman, Jeffrey) |
| Filing 147 NOTICE Of Filing Notice of Appeal in the Criminal Case Styled State of Georgia v. Ronnie Bartlett, Indictment No. 16-CR-379 by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. (Attachments: #1 Exhibit (Notice of Filing Appeal in Criminal Matter))(Anulewicz, Christopher) |
| Submission of #132 MOTION to Stay to District Judge Steve C Jones. (rjs) |
| Filing 146 REPLY BRIEF re #127 MOTION to Stay Discovery and MOTION for Protective Order filed by Michael G. Lambros. (Rogers, John) |
| Filing 145 RESPONSE in Opposition re #134 First MOTION for Judgment on the Pleadings filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Exhibit A (Excerpts of Melanie Bickford Deposition))(Anulewicz, Christopher) |
| Filing 144 RESPONSE in Opposition re #135 First MOTION to Stay Discovery and MOTION for Protective Order> filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. (Anulewicz, Christopher) |
| Filing 143 REPLY to Response to Motion re #132 MOTION to Stay filed by Christine Welch. (Clay, Frances) |
| Filing 142 NOTICE Of Filing Exhibit A by K. David Cooke, Jr re #141 Reply Brief (Attachments: #1 Exhibit A Hearing Transcript)(Zachman, Jeffrey) Modified on 3/19/2018 to edit text (rjs). |
| Filing 141 REPLY BRIEF re #125 MOTION to Stay and MOTION for Protective Order filed by K. David Cooke, Jr. (Zachman, Jeffrey) |
| Filing 140 Notice for Leave of Absence for the following date(s): May 27 through June 7, 2018; and November 19 through November 23, 2018, by Christopher S. Anulewicz. (Anulewicz, Christopher) |
| Filing 139 CERTIFICATE OF SERVICE Responses to Plaintiff's First Interrogatories and Requests for Production of Documents by Melanie Bickford.(Appel, Adam) |
| Filing 138 RESPONSE in Opposition re #131 MOTION for Judgment on the Pleadings filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Exhibit A (Excerpts of Melanie Bickford Deposition))(Anulewicz, Christopher) |
| Filing 137 Joint MOTION for Leave to File Motion for Leave to File Motions for Judgments on the Pleadings by Melanie Bickford. (Attachments: #1 Brief Joint Brief in Support of Motion for Leave to File Motions for Judgment on the Pleadings)(Ruder, Kim) |
| Filing 136 RESPONSE re #125 MOTION to Stay and MOTION for Protective Order, #127 MOTION to Stay Discovery and MOTION for Protective Order from Discovery, #132 MOTION to Stay filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. (Anulewicz, Christopher) Modified on 3/8/2018 to edit text (rjs). |
| Filing 135 First MOTION to Stay Discovery and MOTION for Protective Order by Melanie Bickford. (Attachments: #1 Brief in Support)(Ruder, Kim) . Added MOTION for Protective Order on 3/8/2018 (rjs). |
| Filing 134 First MOTION for Judgment on the Pleadings by Melanie Bickford. (Attachments: #1 Brief in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Ruder, Kim) |
| Filing 133 CERTIFICATE OF SERVICE re #123 Certificate of Service of Discovery Responses and Objections by Christine Welch.(Clay, Frances) |
| Filing 132 MOTION to Stay with Brief In Support by Christine Welch. (Attachments: #1 Brief)(Clay, Frances) |
| Filing 131 MOTION for Judgment on the Pleadings with Brief In Support by Christine Welch. (Attachments: #1 Brief)(Clay, Frances) |
| Filing 130 CERTIFICATE OF SERVICE of Discovery Responses (Amended) by Michael G. Lambros.(Rogers, John) |
| Filing 129 CERTIFICATE OF SERVICE of Discovery Responses by Michael G. Lambros.(Rogers, John) |
| Filing 128 CERTIFICATE OF SERVICE of Discovery by K. David Cooke, Jr.(Zachman, Jeffrey) |
| Filing 127 MOTION to Stay Discovery, MOTION for Protective Order from Discovery with Brief In Support by Michael G. Lambros. (Wetzel, Tyler) |
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Filing 126
ORDER re #125 MOTION to Stay and MOTION for Protective Order - Plaintiffs have until March 7, 2018 to respond. Signed by Judge Steve C Jones on 2/22/2018. (rjs)
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| Filing 125 MOTION to Stay and MOTION for Protective Order with Brief In Support by K. David Cooke, Jr. (Attachments: #1 Brief)(Zachman, Jeffrey) . Added MOTION for Protective Order on 2/22/2018 (rjs). |
| Filing 124 NOTICE Of Filing Verdict by Melanie Bickford, K. David Cooke, Jr, Michael G. Lambros, Christine Welch (Attachments: #1 Exhibit A)(Zachman, Jeffrey) |
| Filing 123 CERTIFICATE OF SERVICE of Discovery Re: Plaintiffs' Discovery Directed to Defendants by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc..(Anulewicz, Christopher) |
| Filing 122 TRANSCRIPT of Proceedings (Status conference) held on November 17th, 2017, before Judge Steve C. Jones. Court Reporter/Transcriber Andy Ashley, Telephone number (404) 215-1478. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2018. Redacted Transcript Deadline set for 2/9/2018. Release of Transcript Restriction set for 4/9/2018. (Attachments: #1 Notice of Filing of Official Transcript) (fem) |
| Filing 121 DEMAND for Trial by Jury by Melanie Bickford. (Appel, Adam) |
| Filing 120 ANSWER to #97 Amended Complaint by Melanie Bickford. Discovery ends on 5/14/2018.(Appel, Adam) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Submission of #105 MOTION to Dismiss and #106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Stay to District Judge Steve C Jones. (rjs) |
| Filing 119 REPLY BRIEF re #106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or MOTION to Stay filed by Michael G. Lambros. (Wetzel, Tyler) |
| Filing 118 REPLY BRIEF re #105 MOTION to Dismiss Plaintiffs' Second Amended Complaint for Failure to State a Claim filed by K. David Cooke, Jr. (Zachman, Jeffrey) |
| Filing 117 RESPONSE to #116 Reply to #110 Response re #109 Notice of Filing filed filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. (Anulewicz, Christopher) Modified on 12/4/2017 to edit text and hyperlink (rjs). |
| Filing 116 REPLY to #110 Response re #109 Notice of Filing filed by K. David Cooke, Jr. (Garroway, Nathan) Modified on 12/4/2017 to edit text and hyperlink (rjs). |
| Filing 115 Reply to #112 Response filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Exhibit A (Joint Scheduling Order), #2 Exhibit B (States Notice of Discovery Materials), #3 Exhibit C (Special and General Demurrer))(Anulewicz, Christopher) Modified on 11/30/2017 to edit text (rjs). |
| Remark re #112 Response : 1 CD received in Clerk's Office 11/28/2017. (rjs) |
| Filing 114 RESPONSE in Opposition re #106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (or Stay Proceedings) MOTION to Stay filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 113 RESPONSE in Opposition re #105 MOTION to Dismiss Plaintiffs' Second Amended Complaint for Failure to State a Claim filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 112 RESPONSE re #109 Notice of Filing Case File filed by K. David Cooke, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Garroway, Nathan) |
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DOCKET ORDER granting #111 Consent Motion for Extension of Time for Defendant to answer the #97 Amended Complaint until 7 days following any further Order of this Court pursuant to the November 17th #108 Status Conference or within 21 days of this this date, whichever is sooner. Any future joint or consent motions must be accompanied by a proposed order. Entered by Judge Steve C. Jones on 11/27/2017. (pdw)
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| Filing 111 Consent MOTION for Extension of Time to Answer or Otherwise Plead by Melanie Bickford. (Ruder, Kim) |
| Filing 110 RESPONSE re #109 Notice of Filing (Manual Filing) filed by K. David Cooke, Jr. (Garroway, Nathan) |
| Remark re #109 Notice of Filing : 4 CDs and 1 Jump Drive received in Clerk's Office 11/20/2017. (rjs) |
| Filing 109 NOTICE Of Filing Case File of State v. Bartlett, 16-CR-379 by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. re #108 Status Conference, (Anulewicz, Christopher) |
| Filing 108 Minute Entry for proceedings held before Judge Steve C Jones: Status Conference held on 11/17/2017for the Court to consider whether the Younger abstention doctrine still applies, or whether the stay should be permanently lifted so that this case can move forward. Oral argument heard; order to follow. (Court Reporter Andy Ashley)(rjs) |
| Filing 107 NOTICE of Appearance by Kim Michelle Ruder on behalf of Melanie Bickford (Ruder, Kim) |
| Filing 106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Stay Proceedings with Brief In Support by Michael G. Lambros. (Rogers, John) . Added MOTION to Stay on 11/16/2017 (rjs). |
| Filing 105 MOTION to Dismiss Plaintiffs' Second Amended Complaint for Failure to State a Claim with Brief In Support by K. David Cooke, Jr. (Attachments: #1 Brief)(Garroway, Nathan) |
| Filing 104 NOTICE Of Filing RE: November 17, 2017 Hearing by K. David Cooke, Jr (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Zachman, Jeffrey) |
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Filing 103
ORDER granting #102 Motion for Extension of Time to Answer. The time for Defendant Melanie Bickford to file and serve responsive pleadings is extended to and including 11/27/2017. Signed by Judge Steve C Jones on 11/14/2017. (rjs)
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| Filing 102 First MOTION for Extension of Time to File Answer by Melanie Bickford. (Attachments: #1 Oder for Extension of Time)(Appel, Adam) |
| Filing 101 ANSWER to #97 Amended Complaint by Christine Welch. Discovery ends on 4/9/2018.(Clay, Frances) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 100
ORDER granting #98 Motion to Reschedule Status Conference. The Court ORDERS the parties to appear before the Court for a status hearing on Friday, November 17th at 11:30 a.m. in Courtroom 1907. Signed by Judge Steve C Jones on 11/8/2017. (rjs)
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| Filing 99 TRANSCRIPT of Proceedings held on 04/11/2017, before Judge Steve C. Jones. Court Reporter/Transcriber Jana B. Colter, FAPR, RMR, CRR, CRC, Telephone number 404-215-1456. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 2/1/2018. (Attachments: #1 Notice of Filing Transcript) (jbc) |
| Filing 98 Joint MOTION to Continue /Reschedule Status Conference by K. David Cooke, Jr. (Attachments: #1 Text of Proposed Order Proposed Order)(Zachman, Jeffrey) |
| Filing 97 SECOND AMENDED COMPLAINT against Melanie Bickford, K. David Cooke, Jr, Michael G. Lambros, Christine Welchwith Jury Demand filed by Ronnie Bartlett, Lee Bartlett, Captain Jacks's Crab Shack, Inc. (jkl) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 96
ORDER GRANTING #88 Motion to Reopen and for Leave to File Second Amended Complaint. Signed by Judge Steve C Jones on 11/1/17. (jkl)
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ORDER LIFTING STAY and scheduling a Status Conference for 11/15/2017 at 02:30 PM in ATLA Courtroom 1907 before Judge Steve C Jones. Ruled on in the #96 Order by Judge Steve C Jones on 11/1/17. (jkl)
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| Submission of #88 MOTION for Leave to File Second Amended Complaint and MOTION to Reopen Case to District Judge Steve C Jones. (rjs) |
| Filing 95 REPLY to Response re #88 MOTION for Leave to File Second Amended Complaint MOTION to Reopen Case filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) Modified on 8/29/2017 to add hyperlink (rjs). |
| Filing 94 REPLY BRIEF re #88 MOTION for Leave to File Second Amended Complaint MOTION to Reopen Case filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 93 RESPONSE in Opposition to #88 Plaintiffs' Motion to Reopen and for Leave to File Second Amended Complaint, by Michael G. Lambros. (Wetzel, Tyler) Modified on 8/16/2017 to reflect e-filed document. (jtj) |
| Notification of Docket Correction re #93 . E-filed document is a response in opposition to the #88 Motion to Reopen. (jtj) |
| Filing 92 Withdrawal of Motion #84 MOTION to Reopen Case MOTION for Reconsideration re #82 Order filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. (Anulewicz, Christopher) |
| Filing 91 RESPONSE in Opposition re #88 MOTION for Leave to File Second Amended Complaint MOTION to Reopen Case filed by K. David Cooke, Jr. (Zachman, Jeffrey) |
| Filing 90 NOTICE by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc. re #84 MOTION to Reopen Case MOTION for Reconsideration re #82 Order Notice of Withdraw (Anulewicz, Christopher) |
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Filing 89
ORDER re #88 MOTION for Leave to File Second Amended Complaint and MOTION to Reopen Case. Unless and until the Court decides to lift the stay, the Court will not rule on the merits of any other motions. Signed by Judge Steve C Jones on 8/7/2017. (sap)
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| Filing 88 MOTION for Leave to File Second Amended Complaint and MOTION to Reopen Case with Brief In Support by Lee Bartlett, Ronnie Bartlett and Captain Jack's Crab Shack Inc. (Attachments: #1 Exhibit A-Proposed Second Amended Compalint, #2 Brief)(Anulewicz, Christopher) Modified on 8/3/2017 to edit filer information (rjs). |
| Filing 87 Notice for Leave of Absence for the following date(s): September 1 through September 4, 2017; November 12 through November 24, 2017; and December 26, 2017 through January 2, 2018, by Christopher S. Anulewicz. (Anulewicz, Christopher) |
| Submission of #84 MOTION to Reopen Case and MOTION for Reconsideration re #82 Order to District Judge Steve C Jones. (rjs) |
| Filing 86 REPLY BRIEF re #84 MOTION to Reopen Case MOTION for Reconsideration re #82 Order on Motion for Leave to File Matters Under Seal, Order on Motion for Preliminary Injunction, Order on Motion for TRO, Order on Motion to Strike, Order on Motion to Dismiss, Order on Motion to Dismiss for Failu filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 85 RESPONSE re #84 MOTION to Reopen Case MOTION for Reconsideration re #82 Order on Motion for Leave to File Matters Under Seal, Order on Motion for Preliminary Injunction, Order on Motion for TRO, Order on Motion to Strike, Order on Motion to Dismiss, Order on Motion to Dismiss for Failu (Defendants' Joint Response) filed by K. David Cooke, Jr. (Zachman, Jeffrey) |
| Filing 84 MOTION to Reopen Case and MOTION for Reconsideration re #82 Order with Brief In Support by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Brief In Support of Motion to Reopen and For Rconsideration)(Anulewicz, Christopher) Modified on 5/16/2017 to edit text (rjs). |
| Filing 83 Certificate of Consent Withdrawal of Counsel of Jeremy T. Berry (Berry, Jeremy) Modified on 11/28/2017 to edit text(bnw). |
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Filing 82
ORDER - Defendant Lamros's #62 Motion to Stay is GRANTED. Because the Younger abstention doctrine applies, Plaintiffs' #49 Motion for a Preliminary Injunction is DENIED. All other motions pending before this Court are DENIED as moot. The Court STAYS and ADMINISTRATIVELY CLOSES this case pending the resolution of the pending state criminal charges against Plaintiffs. This matter may be reopened at any time, upon motion of any of the parties. Signed by Judge Steve C Jones on 4/17/2017. (rjs)
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| Civil Case Terminated. (rjs) |
| Filing 81 Minute Entry for proceedings held before Judge Steve C Jones: Hearing held on Plaintiff's motion for TRO and preliminary injunction and Defendants' motion to stay. Oral argument heard; matter taken under advisement by the Court. #49 Motion for Preliminary Injunction TAKEN UNDER ADVISEMENT. #49 Motion for TRO TAKEN UNDER ADVISEMENT. #62 Motion to Stay TAKEN UNDER ADVISEMENT. (Court Reporter Jana Colter)(rjs) |
| DOCKET NOTICE re: Hearing set for 4/11/2017 at 10:30 AM in ATLA Courtroom 1907 before Judge Steve C Jones on #49 Bartlett Plaintiffs' MOTION for TRO and Preliminary Injunction and #62 Defendant Lambros' MOTION to Stay pursuant to Younger v. Harr is, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971). Defendant Lambros is the only defendant who's motion to dismiss also seeks (in the alternative) a motion to stay. However, if counsel for the remaining defendants wish to be heard, they will be permitted to attend the hearing and address the Court. However, the Court's time restrictions on argument will remain in place: 30 minutes in toto for Plaintiffs, and 30 minutes in toto for Defendants. (pdw) |
| NOTICE re: Hearing set for 4/11/2017 at 10:30 AM in ATLA Courtroom 1907 before Judge Steve C Jones on #49 Bartlett Plaintiffs' MOTION for TRO and Preliminary Injunction and #62 Defendant Lambros' MOTION to Stay pursuant to Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971). Each party will be permitted a total of 30 minutes for oral argument. (pdw) |
| NOTICE of Hearing on Motions: #49 Bartlett Plaintiffs' MOTION for TRO and Preliminary Injunction and #62 Defendant Lambros' MOTION to Stay pursuant to Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971). Motion Hearing set for 4/11/2017 at 10:30 AM in ATLA Courtroom 1907 before Judge Steve C Jones. The parties should be prepared to fully argue the issues of whether the Court should issue an injunction against the pending State criminal proceedings or should apply the Younger abstention doctrine and stay this case pending the resolution of the State criminal charges. (pdw) |
| Submission of #78 MOTION for Hearing to District Judge Steve C Jones. (rjs) |
| Filing 80 Notice for Leave of Absence for the following date(s): March 3 through March 10, 2017; and April 12 through April 17, 2017, by Christopher S. Anulewicz. (Anulewicz, Christopher) |
| Filing 79 Response to Plaintiffs' #78 Supplemental Filing and Request for Expedited Hearing by K. David Cooke, Jr (Attachments: #1 Exhibit A)(Zachman, Jeffrey) Modified on 12/30/2016 to edit text (rjs). |
| Filing 78 Notice of Supplemental Filing in Support of #49 Motion for Temporary Restraining Order and Preliminary Injunction and MOTION for Expedited Hearing by Lee Bartlett, Ronnie Bartlett (Attachments: #1 Exhibit A (Notice of Arraignment/Trial))(Bowers, Michael) Modified on 12/29/2016 to change event and edit text (rjs). |
| Submission of #63 MOTION to Amend Complaint to District Judge Steve C Jones. (rjs) |
| Filing 77 REPLY to Response to Motion re #63 MOTION to Amend Complaint filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 76 REPLY to Response to Motion re #63 MOTION to Amend Complaint filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Submission of #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Stay to District Judge Steve C Jones. (rjs) |
| Filing 75 REPLY BRIEF re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Melanie Bickford. (Appel, Adam) |
| Filing 74 RESPONSE in Opposition re #63 MOTION to Amend Complaint filed by Christine Welch. (Clay, Frances) |
| Filing 73 REPLY to Response to Motion re #58 MOTION to Dismiss Amended Complaint filed by Christine Welch. (Clay, Frances) |
| Submission of #58 MOTION to Dismiss Amended Complaint, submitted to District Judge Steve C Jones. (jtj) |
| Filing 72 RESPONSE in Opposition to #63 MOTION to Amend Complaint filed by Michael G. Lambros. (jtj) |
| Filing 71 REPLY to Response to #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or MOTION to Stay, filed by Michael G. Lambros. (Wetzel, Tyler) Modified on 12/5/2016 to edit docket text. (jtj) |
| Submission of #57 MOTION to Strike #55 Reply to Response to Motion to District Judge Steve C Jones. (rjs) |
| Filing 70 REPLY to Response to Motion re #63 MOTION to Amend Complaint filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Submission of #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Steve C Jones. (rjs) |
| Filing 69 REPLY BRIEF re #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by K. David Cooke, Jr. (Zachman, Jeffrey) |
| Filing 68 RESPONSE re #63 MOTION to Amend Complaint filed by K. David Cooke, Jr. (Zachman, Jeffrey) |
| Filing 67 RESPONSE in Opposition re #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (or Stay) Plaintiffs' Amended Complaint MOTION to Stay filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 66 RESPONSE in Opposition re #58 MOTION to Dismiss Amended Complaint filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 65 RESPONSE in Opposition re #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 64 RESPONSE in Opposition re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 63 MOTION to Amend Complaint with Brief In Support by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Brief, #2 Exhibit A (Amended Complaint))(Anulewicz, Christopher) |
| Submission of #49 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order to District Judge Steve C Jones. (rjs) |
| Filing 62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION TO STAY Plaintiffs' Amended Complaint with Brief In Support by Michael G. Lambros. (Attachments: #1 Exhibit Exhibit A -- State Court Motion for Temporary Receiver and TRO, #2 Exhibit Exhibit B -- State Court Order)(Wetzel, Tyler) . Added MOTION to Stay on 11/15/2016 (rjs). |
| Filing 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Melanie Bickford. (Attachments: #1 Brief Defendant Melanie Bickford's Memorandum of Law in Support of Her Motion to Stay and Dismiss Plaintiffs' Amended Complaint)(Appel, Adam) |
| Filing 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #50 Plaintiff's Amended Complaint with Brief In Support by K. David Cooke, Jr. (Attachments: #1 Brief)(Garroway, Nathan) Modified on 11/14/2016 to add hyperlink (rjs). |
| Filing 59 RESPONSE in Opposition re #57 MOTION to Strike #55 Reply to Response to Motion,, Evidence Submitted Therewith filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Bowers, Michael) |
| Filing 58 MOTION to Dismiss #50 Amended Complaint with Brief In Support by Christine Welch. (Attachments: #1 Brief)(Clay, Frances) Modified on 11/14/2016 to add hyperlink (rjs). |
| Filing 57 MOTION to Strike #55 Reply to Response to Motion,, Evidence Submitted Therewith with Brief In Support by K. David Cooke, Jr. (Attachments: #1 Brief)(Garroway, Nathan) |
| Filing 56 COURT'S NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE STEVE C. JONES. (pdw) |
| Filing 55 REPLY BRIEF re #49 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Exhibit A (August 4, 2015 Hearing Transcript), #2 Exhibit B (May 11, 2016 Motion for Sanctions), #3 Exhibit C (June 23, 2016 Motion for Sanctions), #4 Exhibit D (Declaration of Michael J. Bowers), #5 Exhibit E (Open Records Complaint), #6 Exhibit F (Declaration of Christopher S. Anulewicz), #7 Exhibit G (Notice of Hearing))(Bowers, Michael) Modified on 11/8/2016 to edit event text (rjs). |
| Submission of #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #44 MOTION for Leave to File Matters Under Seal to District Judge Steve C Jones. (rjs) |
| Filing 54 RESPONSE re #49 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Joint Response of All Defendants filed by K. David Cooke, Jr. (Attachments: #1 Exhibit A - Decl. K. David Cooke, Jr., #2 Exhibit B - Gambling Indictments, #3 Exhibit C - Decl. of Michael Lambros)(Garroway, Nathan) |
| Filing 53 REPLY BRIEF re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Melanie Bickford. (Appel, Adam) |
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Filing 52
ORDER - This civil action is before the Court on Plaintiffs' #49 Motion for Temporary Restraining Order and Preliminary Injunction. Defendants are ORDERED to file a response no later than 5:00 p.m. on Thursday, November 3rd, 2016. Any reply brief by Plaintiffs must be filed no later than 5:00 p.m. on Monday, November 7th, 2016. Signed by Judge Steve C Jones on 10/31/2016. (rjs)
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| Submission of #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Steve C Jones. (rjs) |
| Filing 51 REPLY BRIEF re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (OR STAY) filed by Michael G. Lambros. (Wetzel, Tyler) Modified on 10/28/2016 to edit event text (rjs). |
| Filing 50 AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Ronnie Bartlett, Lee Bartlett, Captain Jacks's Crab Shack, Inc..(Bowers, Michael) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 49 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order with Brief In Support by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Brief, #2 Exhibit (A) Indictment, #3 Exhibit (B) RICO Complaint, #4 Exhibit (C) Proposed Amended Complaint, #5 Exhibit (D) May 2015 Affidavit, #6 Exhibit (E) 3.22.16 Email, #7 Exhibit (F-Part 1) Nizdil Affidavit, #8 Exhibit (F-Part 2) Nizdil Affidavit, #9 Exhibit (G) Farley Affidavit, #10 Exhibit (H) Ante Litem Notice, #11 Exhibit (I) Bond Contracts, #12 Exhibit (J) Motion to Remove), #13 Exhibit (K) August Hearing Transcript)(Bowers, Michael) |
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Filing 48
ORDER - The deadline for Defendant Melanie Bickford to File her Reply Brief in Support of her Motion to Dismiss is extended up through and including November 3, 2016. Signed by Judge Steve C Jones on 10/27/2016. (rjs)
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| Submission of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Steve C Jones. (rjs) |
| Filing 47 PROPOSED CONSENT ORDER Consent Motion for Extension of Time for Defendant Melanie Bickford to File Reply Brief. (Appel, Adam) |
| Filing 46 REPLY BRIEF re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christine Welch. (Clay, Frances) Modified on 10/27/2016 to edit event text (rjs). |
| Filing 45 REPLY BRIEF re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by K. David Cooke, Jr. (Zachman, Jeffrey) Modified on 10/26/2016 to edit event text (rjs). |
| Filing 44 MOTION for Leave to File Matters Under Seal re: #42 Notice of Filing, Indictment returned in Peach County, GA by K. David Cooke, Jr. (Attachments: #1 Redacted Indictment, #2 Text of Proposed Order)(Garroway, Nathan) |
| Filing 43 Initial Disclosures by Melanie Bickford.(Appel, Adam) |
| Filing 42 NOTICE Of Filing Indictment returned in Peach County, GA by K. David Cooke, Jr (Attachments: #1 Indictment)(Garroway, Nathan) Modified on 10/14/2016 to restrict attachment as requested by Attorney. Attorney to file a Motion to Seal ASAP. (aaq). |
| Filing 41 Initial Disclosures by Christine Welch.(Richardson, Thomas) |
| Filing 40 Initial Disclosures by K. David Cooke, Jr.(Zachman, Jeffrey) |
| Filing 39 Initial Disclosures by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc..(Bowers, Michael) |
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Filing 38
SCHEDULING ORDER: re: #34 Joint Preliminary Report and Discovery Plan. The Court hereby grants the parties' request that this matter be assigned to a six (6) month discovery track. Discovery and all related deadlines will proceed in accordance the Local Rules of this Court as well as the Federal Rules of Federal Procedure following the Court's ruling on the outstanding motions to dismiss. Signed by Judge Steve C Jones on 10/14/2016. (rjs)
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| Filing 37 Withdrawal of Motion #21 MOTION to Stay Parties' Obligations under Rule 26 Fed. R. Civ. P. and Local Rule 26.1 filed by K. David Cooke, Jr. filed by K. David Cooke, Jr. (Garroway, Nathan) |
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Filing 36
ORDER granting #33 Motion for Extension of Time for Defendants to File Reply Briefs. Defendants have through and including October 27, 2016 to file reply briefs in support of their Motions to Dismiss #13 #14 #17 & #19 . Signed by Judge Steve C Jones on 10/7/2016. (rjs)
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| Filing 35 NOTICE Of Filing by Captain Jacks's Crab Shack, Inc, Lee Bartlett and Ronnie Bartlett. re #34 Joint Preliminary Report and Discovery Plan (Attachments: #1 Exhibit A)(Anulewicz, Christopher) Modified on 10/7/2016 to edit filer information (rjs). |
| Filing 34 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Captain Jacks's Crab Shack, Inc, Lee Bartlett and Ronnie Bartlett. (Anulewicz, Christopher) Modified on 10/7/2016 to edit filer information (rjs). |
| Filing 33 Consent MOTION for Extension of Time to File Reply Briefs re: #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (OR STAY) by K. David Cooke, Jr. (Attachments: #1 Text of Proposed Order)(Garroway, Nathan) |
| Filing 32 NOTICE of Appearance by Johannes Stuart Kingma on behalf of Michael G. Lambros (Kingma, Johannes) |
| Filing 31 NOTICE of Appearance by Tyler Wetzel on behalf of Michael G. Lambros (Wetzel, Tyler) |
| Filing 30 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 29 RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 28 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 27 RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (OR STAY) filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Bowers, Michael) |
| Filing 26 RESPONSE in Opposition re #21 MOTION to Stay Parties' Obligations under Rule 26 Fed. R. Civ. P. and Local Rule 26.1 filed by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Anulewicz, Christopher) |
| Filing 25 NOTICE Of Filing Substitute Exhibit for Motion to Dismiss by Michael G. Lambros re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (OR STAY) (Attachments: #1 Exhibit A (Motion for Temporary Receiver and TRO))(Rogers, John) |
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Filing 24
ORDER granting #23 Motion to Extend deadlines. Plaintiffs have through and including September 30, 2016 to respond to Defendant Michael G. Lambros' #13 Motion to Dismiss (or Stay). Plaintiffs have through and including October 3, 2016 to respond to Defendant Christine Welch's #14 Motion to Dismiss. Plaintiffs have through and including October 3, 2016 to respond to Defendant David Cooke Jr.'s #17 Motion to Dismiss for Failure to State a Claim. Plaintiffs have through and including October 3, 2016 to respond to Defendant Melanie Bickford's #19 Motion to Dismiss Plaintiffs' Complaint for Damages. Signed by Judge Steve C Jones on 9/20/2016. (rjs)
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| Filing 23 Consent MOTION for Extension of Time to Respond to Defendants' Motions to Dismiss re: #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (OR STAY) by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (Attachments: #1 Text of Proposed Order )(Anulewicz, Christopher) |
| Filing 22 Certificate of Interested Persons by Christine Welch. (Richardson, Thomas) |
| Filing 21 MOTION to Stay Parties' Obligations under Rule 26 Fed. R. Civ. P. and Local Rule 26.1 with Brief In Support by K. David Cooke, Jr. (Attachments: #1 Brief)(Garroway, Nathan) |
| Filing 20 Certificate of Interested Persons by Melanie Bickford. (Appel, Adam) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Melanie Bickford. (Attachments: #1 Affidavit Exhibit A to Motion to Dismiss, #2 Brief Brief in Support of Motion to Dismiss, #3 Exhibit Certificate of Interested Persons)(Appel, Adam) |
| Filing 18 Certificate of Interested Persons by K. David Cooke, Jr. (Garroway, Nathan) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by K. David Cooke, Jr. (Attachments: #1 Brief)(Garroway, Nathan) |
| Filing 16 NOTICE of Appearance by Jeffrey Allen Zachman on behalf of K. David Cooke, Jr (Zachman, Jeffrey) |
| Filing 15 NOTICE of Appearance by Jeremy T. Berry on behalf of K. David Cooke, Jr (Berry, Jeremy) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Christine Welch. (Attachments: #1 Brief)(Clay, Frances) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (OR STAY) with Brief In Support by Michael G. Lambros. (Attachments: #1 Exhibit A (Motion for Temporary Receiver), #2 Exhibit B (Order Continuing Receivership))(Rogers, John) |
| Filing 12 Certificate of Interested Persons by Michael G. Lambros. (Rogers, John) |
| Filing 11 Return of Service Executed by Ronnie Bartlett, Captain Jacks's Crab Shack, Inc., Lee Bartlett. Christine Welch served on 8/17/2016, answer due 9/7/2016. (Anulewicz, Christopher) |
| Filing 10 Return of Service Executed by Ronnie Bartlett, Captain Jacks's Crab Shack, Inc., Lee Bartlett. Melanie Bickford served on 8/17/2016, answer due 9/7/2016. (Anulewicz, Christopher) |
| Filing 9 Return of Service Executed by Ronnie Bartlett, Captain Jacks's Crab Shack, Inc., Lee Bartlett. K. David Cooke, Jr served on 8/17/2016, answer due 9/7/2016. (Anulewicz, Christopher) |
| Filing 8 Return of Service Executed by Ronnie Bartlett, Captain Jacks's Crab Shack, Inc., Lee Bartlett. Michael G. Lambros served on 8/15/2016, answer due 9/6/2016. (Anulewicz, Christopher) |
| Filing 7 DOCUMENT FILING ERROR Return of Service Executed by Ronnie Bartlett, Captain Jacks's Crab Shack, Inc., Lee Bartlett. Michael G. Lambros served on 8/11/2016, answer due 9/1/2016. (Anulewicz, Christopher) Modified on 8/17/2016 (fap). |
| Filing 6 Certificate of Interested Persons by Lee Bartlett, Ronnie Bartlett, Captain Jacks's Crab Shack, Inc.. (tcc) |
| Filing 5 Electronic Summons Issued as to Christine Welch. (tcc) |
| Filing 4 Electronic Summons Issued as to Melanie Bickford. (tcc) |
| Filing 3 Electronic Summons Issued as to Michael G. Lambros. (tcc) |
| Filing 2 Electronic Summons Issued as to K. David Cooke, Jr.. (tcc) |
| Filing 1 COMPLAINT with Jury Demand filed by Captain Jacks's Crab Shack, Inc., Ronnie Bartlett, Lee Bartlett. ( Filing fee $ 400 receipt number 113E-6620310.) (Attachments: #1 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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