Capital One Public Funding, LLC v. Lunsford et al
| Capital One Public Funding, LLC |
| Andy Calloway, Tina Lunsford, Jon Kirkpatrick, Brian P. Kemp, Dan Richardson, Arch Brown, John Doe, Mildred Schmelz and Georgia Attorney Gen Christopher M. Carr |
| Judy Smith, Vikki Consiglio and Kathryn R. Gilbert |
| 1:2018cv03938 |
| August 17, 2018 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 15, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 42
ORDER GRANTING #39 Motion for Leave to File Excess Pages. Signed by Judge Leigh Martin May on 10/15/2018. (btql)
|
| Filing 41 REPLY to Response to Motion re #8 MOTION for Preliminary Injunction Reply to the Attorney General's Response filed by Capital One Public Funding, LLC. (Balser, David) |
| Filing 40 Second AMENDED COMPLAINT for Preliminary and Permanent Injunctive Relief and Declaratory Judgment against Arch Brown, Andy Calloway, Christopher M. Carr, John Doe, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz filed by Capital One Public Funding, LLC. (Attachments: #1 Affidavit Verification)(Balser, David) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 39 MOTION for Leave to File Excess Pages to File Reply Brief in Excess of Fifteen Pages by Capital One Public Funding, LLC. (Attachments: #1 Text of Proposed Order)(Balser, David) |
| Filing 38 Intervening Citizens' ANSWER to #29 Amended Complaint for Preliminary & Permanent Injunctive Relief & Declaratory Judgment by Vikki Consiglio, Kathryn R. Gilbert, Judy Smith.(Tanner, Timothy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 10/10/2018 to edit text. (cmd) |
| Filing 37 NOTICE of Appearance by Thompson Kurrie, Jr on behalf of Vikki Consiglio, Kathryn R. Gilbert, Judy Smith (Kurrie, Thompson) |
|
Filing 36
ORDER granting #34 Motion for Leave to File Excess Pages. Signed by Judge Leigh Martin May on 10/3/18. (hfm)
|
|
MINUTE ORDER extending the time for Plaintiff to file its Reply to Christopher Carr's Response to the Motion for Preliminary Injunction to Friday, October 12, 2018. Approved by Judge Leigh Martin May on 10/04/2018. (rvb)
|
| Filing 35 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by Christopher M. Carr. (Correia, Cristina) |
| Filing 34 MOTION for Leave to File Excess Pages by Christopher M. Carr. (Attachments: #1 Text of Proposed Order)(Correia, Cristina) |
| Filing 33 REPLY to Response to Motion re #28 MOTION for Leave to File Intervenors' Supplemental Opposition to Plaintiff's Motion for Preliminary Injunction filed by Capital One Public Funding, LLC. (Balser, David) |
|
Filing 32
ORDER granting #31 Motion for Extension of Time to Answer re #29 Amended Complaint. Arch Brown, Andy Calloway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, and Mildred Schmelz Answers due 10/17/2018. Signed by Judge Leigh Martin May on 10/1/18. (hfm)
|
| Filing 31 Joint MOTION for Extension of Time to File Answer re #29 Amended Complaint,, by Arch Brown, Andy Calloway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Attachments: #1 Text of Proposed Order)(Lacy, William) |
| Filing 30 WAIVER OF SERVICE Returned Executed by Capital One Public Funding, LLC. Christopher M. Carr waiver mailed on 9/26/2018, answer due 11/26/2018. (Slovensky, Lawrence) |
| Filing 29 AMENDED COMPLAINT for Preliminary and Permanent Injunctive Relief and Declaratory Judgment against Arch Brown, Andy Calloway, John Doe, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz, Christopher M. Carr filed by Capital One Public Funding, LLC. (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)(Balser, David) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
|
MINUTE ORDER GRANTING Intervenor Defendants' #28 Motion to Supplement Their Response in Opposition to Plaintiff's Motion for Preliminary Injunction. Plaintiff shall have until Wednesday, October 3, 2018 to respond to the arguments contained within Intervenor Defendants' supplemented response #28 . Approved by Judge Leigh Martin May on 09/26/2018. (rvb)
|
| Notification of Docket Correction re #28 RESPONSE in Opposition. Docket entry modified to accurately reflect e-filed pleading as MOTION for Leave to File Supplement to Response. (hfm) |
| Filing 28 MOTION for Leave to File Supplement to Intervenor Defendants #22 Response re #8 MOTION for Preliminary Injunction filed by Vikki Consiglio, Kathryn R. Gilbert, Judy Smith. (Attachments: #1 Exhibit A)(Tanner, Timothy) Modified on 9/26/2018 (hfm). |
|
Filing 27
ORDER that Plaintiffs in both actions to amend their complaints to join Attorney General Christopher Carr to this action and serve him by Wednesday, September 26, 2018. The Attorney General is ORDERED to respond to the Plaintiffs' Motions for Preliminary Injunctions by Wednesday, October 3, 2018. The Attorney General may raise any immunity arguments in that brief, if he so chooses, but the Court also ORDERS the Attorney General to address Plaintiffs' arguments on the merits-specifically, whether the State had a public purpose in enacting these Acts. The parties are also ORDERED to serve the Attorney General with this Order simultaneously with their amended complaints. Plaintiffs are ORDERED to file Reply Briefs to the Attorney General's Response, if they so choose, by Monday, October 8, 2018. Signed by Judge Leigh Martin May on 9/25/18. (hfm)
|
| Filing 26 Minute Entry for proceedings held before Judge Leigh Martin May: Motion Hearing held on 9/24/2018 re #8 MOTION for Preliminary Injunction.The Court heard from Plaintiff's, Defendants', and Intervenor Defendants' counsel. The motion was taken under advisement. A written order will follow. (Court Reporter Montrell Vann)(hfm) |
| Submission of #8 MOTION for Preliminary Injunction , to District Judge Leigh Martin May. (hfm) |
| Filing 25 REPLY BRIEF re #8 MOTION for Preliminary Injunction filed by Capital One Public Funding, LLC. (Balser, David) |
| Filing 24 RESPONSE re #16 Order,,, regarding Plaintiff's Motion for Preliminary Injunction filed by Capital One Public Funding, LLC. (Balser, David) |
| Filing 23 NOTICE by Brian P. Kemp re #16 Order,,, Response to Court's Order (Correia, Cristina) |
| Filing 22 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by Vikki Consiglio, Kathryn R. Gilbert, Judy Smith. (hfm) |
| Filing 21 ANSWER to #1 COMPLAINT by Vikki Consiglio, Kathryn R. Gilbert, Judy Smith. Discovery ends on 2/19/2019.(hfm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
|
Filing 20
ORDER granting #17 Motion to Intervene. The Clerk is DIRECTED to docket the citizens' Answer and Response in Opposition to the Motion to Intervene [17-5, 17-6]. The citizens are ORDERED to attend the previously scheduled preliminary injunction hearing on at 1:00 p.m. Monday, September 24, 2018. Signed by Judge Leigh Martin May on 9/20/18. (hfm)
|
| Filing 19 RESPONSE re #17 First MOTION to Intervene filed by Capital One Public Funding, LLC. (Balser, David) |
|
Filing 18
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 9/24/18. Signed by Judge Leigh Martin May on 9/20/18. (hfm)
|
| Clerks Notation re #15 Corporate Disclosure Statement, reviewed and approved by LMM. (rvb) |
|
MINUTE ORDER directing Plaintiff to file a response to Vikki Consiglio, Kathryn R. Gilbert and Judy Smith's Motion to Intervene #17 by Thursday, September 20, 2018 at 2:00 p.m. Approved by Judge Leigh Martin May on 09/19/2018. (rvb)
|
| Filing 17 First MOTION to Intervene with Brief In Support by Vikki Consiglio, Kathryn R. Gilbert, Judy Smith. (Attachments: #1 Brief Brief in Support of Motion to Intervene, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Tanner, Timothy) |
|
Filing 16
ORDER: Upon a sua sponte review of these matters, Plaintiffs in both actions are ORDERED by Thursday September 20, 2018 to brief the following issues: 1. Whether this matter is ripe, when the Act does not go into effect unless the residents vote to deannex the City of Eagle's Landing, see SB 263 7.13; and, 2. As Plaintiffs substantively allege the De-Annexation Acts violate the Contract Clause, whether the State or its representatives are necessary parties under Rule 19? See, e.g., Vesta Fire Ins. Corp. v. State of Fla., 141F.3d 1427, 1433 (11th Cir. 1998) ("The Contract Clause of the United States Constitution provides that '[n]o State shall... pass any... Law impairing the Obligation of Contracts.") (emphasis added). Defendants are also ORDERED to be prepared to discuss these matters at Monday's hearing. Signed by Judge Leigh Martin May on 9/17/18. (hfm)
|
| Filing 15 Corporate Disclosure Statement by Arch Brown, Andy Calloway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz by Arch Brown, Andy Calloway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz.(Lacy, William) |
| Filing 14 RESPONSE re #8 MOTION for Preliminary Injunction filed by Arch Brown, Andy Calloway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Lacy, William) |
|
Filing 13
ORDER granting #12 Motion for Extension of Time to Answer re #1 Complaint. Defendants answer due 10/1/18. Defendants' response brief to the Motion shall be filed no later than September 17, 2018. Signed by Judge Leigh Martin May on 9/17/18. (hfm)
|
|
MINUTE ORDER extending Defendants' response time to Plaintiff's Motion for Preliminary Judgment through and including September 17, 2018. Approved by Judge Leigh Martin May on 09/17/2018. (rvb)
|
| Filing 12 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint & Plaintiff's Motion for Preliminary Injunction by Arch Brown, Andy Calloway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Attachments: #1 Text of Proposed Order)(Lacy, William) |
| NOTICE of RESCHEDULING Hearing on Motion re: #8 MOTION for Preliminary Injunction. The Motion Hearing is re-set for 9/24/2018 at 01:00 PM in ATLA Courtroom 2107 before Judge Leigh Martin May. (Please note the change in time only).(rvb) |
| Filing 11 NOTICE Of Filing by Capital One Public Funding, LLC re #8 MOTION for Preliminary Injunction and Declaration of John Hobson Presley, Jr. in Support (Attachments: #1 Declaration of John Hobson Presley, Jr.)(Balser, David) |
|
Filing 10
ORDER: This case comes before the Court on Plaintiffs Motion for Preliminary Injunction #8 . The Court ORDERS the parties to appear for a hearing on Plaintiffs Motion on Monday, September 24, 2018, at 2:00 p.m., in Courtroom 2107 in the Richard Russell Federal Building, 75 Ted Turner Dr. S.W., Atlanta, GA 30303. Defendants are DIRECTED to file a Response Brief on Friday, September 14, 2018. If for some reason Defendants are unable to comply with this Order, they should alert Ms. Bachelor as soon as possible ((404) 215-1514). If Plaintiff is inclined to file a Reply Brief, its reply shall be due by noon on Friday, September 21, 2018. Signed by Judge Leigh Martin May on 9/4/18. (hfm)
|
| Clerk's Entry of Dismissal APPROVING #9 Notice of Voluntary Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i) as to Brian P. Kemp. (hfm) |
| Filing 9 NOTICE of Voluntary Dismissal Without Prejudice as to Defendant Brian Kemp Only filed by Capital One Public Funding, LLC (Balser, David) |
| Filing 8 MOTION for Preliminary Injunction with Brief In Support by Capital One Public Funding, LLC. (Attachments: #1 Brief in Support of)(Balser, David) |
| Filing 7 NOTICE by Capital One Public Funding, LLC of Service on the Attorney General of the State of Georgia (Balser, David) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Dan Richardson, Tina Lunsford, Mildred Schmelz, Arch Brown, Andy Calloway, Jon Kirkpatrick. Dan Richardson waiver mailed on 8/17/2018, answer due 10/16/2018; Tina Lunsford waiver mailed on 8/17/2018, answer due 10/16/2018; Mildred Schmelz waiver mailed on 8/17/2018, answer due 10/16/2018; Arch Brown waiver mailed on 8/17/2018, answer due 10/16/2018; Andy Calloway waiver mailed on 8/17/2018, answer due 10/16/2018; Jon Kirkpatrick waiver mailed on 8/17/2018, answer due 10/16/2018. (Jaugstetter, Patrick) |
|
Filing 5
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 8/23/18. (hfm)
|
| Filing 4 Electronic Summons Issued as to All Defendants. (hfm) |
| Filing 3 PROPOSED SUMMONS filed by Capital One Public Funding, LLC (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Balser, David) |
| Clerks Notation re #2 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Capital One Public Funding, LLC identifying Corporate Parent, Capital One Financial Corporation and Other Affiliate, JAMSAB Realty Corp. for Capital One Public Funding, LLC. (eop) |
| Filing 1 COMPLAINT filed by Capital One Public Funding, LLC.. (Filing fee $400.00, receipt number 113E-8089406) (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, #9 Civil Cover Sheet, #10 Proposed Summon(s))(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
