City of Stockbridge, Georgia et al v. Tina Lunsford et al
| Elton Alexander, John Blount, Urban Redevelopment Agency of the City of Stockbridge and City of Stockbridge, Georgia |
| Tina Lunsford, Secretary of State Brian Kemp, Nathan Deal, State of Georgia, Member Dan Richardson, Member Arch Brown, Member Jon Kirkpatrick, Member Mildred Schmelz, Georgia Attorney Gen Christopher M. Carr and Member Andy Callaway |
| 1:2018cv03961 |
| August 20, 2018 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 17, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Clerks Notation re #39 Corporate Disclosure Statement, reviewed and approved by LMM. (rvb) |
| Filing 39 Corporate Disclosure Statement by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz.(Lacy, William) |
| Filing 38 Defendants' Consolidated ANSWER to #25 Second Amended Complaint by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. Discovery ends on 3/15/2019.(Lacy, William) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Text modified on 10/17/2018 (btql). |
| Filing 37 Notice for Leave of Absence for the following date(s): November 12-14, 2018, November 27, 2018, November 30, 2018, and December 12-13, 2018, by Christopher S. Anulewicz. (Anulewicz, Christopher) |
| Filing 36 MOTION for Leave to File Third Amended Complaint with Brief In Support by City of Stockbridge, Georgia, Elton Alexander, John Blount, Urban Redevelopment Agency of the City of Stockbridge. (Attachments: #1 Exhibit A-Proposed Third Amended Complaint)(Anulewicz, Christopher) Modified on 10/15/2018 to edit filers (btql). |
| Submission of #14 MOTION for Preliminary Injunction to District Judge Leigh Martin May. (btql) |
| Filing 35 REPLY to Response to Motion re #14 MOTION for Preliminary Injunction /Plaintiffs' Memorandum in Support of Their Motion for Preliminary Injunction filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (Anulewicz, Christopher) Modified on 10/12/2018 to link to motion (btql). |
Filing 34
ORDER granting #31 Motion for Leave to File Excess Pages. Signed by Judge Leigh Martin May on 10/3/18. (hfm)
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MINUTE ORDER extending the time for Plaintiffs to file their 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)
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| Filing 33 RESPONSE re #23 Motion Hearing, Intervenors' Argument that Stockbridge Should Pay Its Bonded Debt from Its Reserve Fund filed by City of Stockbridge, Georgia. (Attachments: #1 Affidavit Declaration of Larry Kidwell, #2 Exhibit A - Kidwell Qualifications, #3 Exhibit B - Stockbridge 2017 Audit, #4 Exhibit C - S&P Global Report, #5 Exhibit D - Moodys Report)(Quinn, Stephen) |
| Filing 32 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction /Plaintiffs' Memorandum in Support of Their Motion for Preliminary Injunction, #14 MOTION for Preliminary Injunction filed by Christopher M. Carr. (Correia, Cristina) |
| Filing 31 MOTION for Leave to File Excess Pages by Christopher M. Carr. (Attachments: #1 Text of Proposed Order)(Correia, Cristina) |
| Filing 30 RESPONSE re #23 Motion Hearing, Intervenors' Argument Regarding Section 7.15(h) of Act 548 filed by City of Stockbridge, Georgia. (Attachments: #1 Exhibit A - Act 179 of the 1929 General Assembly)(Quinn, Stephen) |
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Filing 29
ORDER granting #28 Motion for Extension of Time to Answer re #25 Amended Complaint. Arch Brown, Andy Callaway, 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)
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| Filing 28 Joint MOTION for Extension of Time to File Answer re #25 Amended Complaint, by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Attachments: #1 Text of Proposed Order)(Lacy, William) |
| Filing 27 WAIVER OF SERVICE Returned Executed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. Christopher M. Carr waiver mailed on 9/26/2018, answer due 11/26/2018. (Anulewicz, Christopher) |
| Filing 26 REQUEST FOR WAIVER of Service mailed to Christopher M. Carr on 9/26/2018. (Anulewicz, Christopher) |
| Filing 25 Second AMENDED COMPLAINT against All Defendants filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge.(Anulewicz, Christopher) 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. |
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Filing 24
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)
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| Filing 23 Minute Entry for proceedings held before Judge Leigh Martin May: Motion Hearing held on 9/24/2018 re #14 MOTION for Preliminary Injunction. The Court heard from Plaintiffs' and Defendants' counsel. The motion was taken under advisement. A written order will follow. (Court Reporter Montrell Vann)(hfm) |
| Filing 22 RESPONSE re #15 Order Setting Hearing on Motion,, Re: Service on Defendants filed by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Attachments: #1 Exhibit A (Defendants' Response to Motion for Preliminary Injunction))(Anulewicz, Christopher) |
| Filing 21 RESPONSE re #14 MOTION for Preliminary Injunction filed by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Lacy, William) |
| Filing 20 RESPONSE re #18 Order,,, filed by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Anulewicz, Christopher) |
| Filing 19 NOTICE by Secretary of State Brian Kemp re #18 Order,,, Response to Court's Order (Correia, Cristina) |
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Filing 18
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)
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Filing 17
ORDER granting #16 Motion for Extension of Time to Answer re #11 Amended Complaint. Arch Brown Answer due 10/1/2018; Andy Callaway Answer due 10/1/2018; Jon Kirkpatrick Answer due 10/1/2018; Tina Lunsford Answer due 10/1/2018. Signed by Judge Leigh Martin May on 9/14/18. (hfm)
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| Filing 16 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Attachments: #1 Text of Proposed Order)(Lacy, William) |
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Filing 15
ORDER Setting Hearing on Motion re #14 MOTION for Preliminary Injunction: Motion Hearing set for 9/24/2018 at 01:00 PM in ATLA Courtroom 2107 before Judge Leigh Martin May. Plaintiffs are ORDERED to serve Defendants with a copy of this Order, the Amended Complaint, and the Motion for Preliminary Injunction by close of business on Monday, September 17, 2018. Plaintiffs should file proof of service on the docket once Defendants have been served with this Order and the pleadings. Defendants are DIRECTED to file a Response Brief on Thursday,September 20, 2018 by 3:00 p.m. If Plaintiffs are 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 9/14/18. (hfm)
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| Filing 14 MOTION for Preliminary Injunction by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Anulewicz, Christopher) |
| Filing 13 Memorandum of Law re #14 Motion for Preliminary Injunction with Brief In Support by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (Attachments: #1 Exhibit A-Stockbridge De-Annexation Fiscal Analysis, #2 Exhibit B-Supplemental to Stockbridge De-Annexation Fiscal Analysis, #3 Exhibit C-Act 548, #4 Exhibit S-Act 559)(Anulewicz, Christopher) Modified on 9/14/2018 (hfm). |
| Filing 12 NOTICE Of Filing Verification by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge re #11 Amended Complaint, (Attachments: #1 Exhibit A -Verification of Anthony S. Ford)(Anulewicz, Christopher) |
| Filing 11 First AMENDED COMPLAINT against Tina Lunsford, Andy Callaway, Jon Kirkpatrick, Mildred Schmelz, Dan Richardson, Arch Brown filed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge.(Anulewicz, Christopher) 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. |
| Clerk's Entry of Dismissal APPROVING #10 Notice of Voluntary Dismissal, without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i) as to State of Georgia and Governor Nathan Deal. (hfm) |
| Filing 10 NOTICE of Voluntary Dismissal Without Prejudice as to Defendants State of Georgia and Governor Nathan Deal filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge (Anulewicz, Christopher) |
| Filing 9 Return of Service Executed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. State of Georgia served on 8/30/2018, answer due 9/20/2018. (Anulewicz, Christopher) |
| Filing 8 Return of Service Executed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. Nathan Deal served on 8/30/2018, answer due 9/20/2018. (Anulewicz, Christopher) |
| Filing 7 NOTICE of Appearance by Cristina Correia on behalf of Nathan Deal, State of Georgia (Correia, Cristina) |
| Clerk's Entry of Dismissal APPROVING #6 Notice of Voluntary Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i) as to Brian Kemp. (hfm) |
| Filing 6 NOTICE of Voluntary Dismissal as to Defendant Brian Kemp filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge (Anulewicz, Christopher) |
| Filing 5 ACKNOWLEDGMENT OF SERVICE Executed filed by Tina Lunsford. All Plaintiffs. (Jaugstetter, Patrick) |
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Filing 4
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 8/23/18. (hfm)
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| Clerks Notation re #3 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
| Filing 2 Electronic Summons Issued as to Nathan Deal, Tina Lunsford, Secretary of State Brian Kemp, State of Georgia. (Attachments: #1 Summons State of Georgia, #2 Summons Secretary of State Brian Kemp, #3 Summons Secretary of State Brian Kemp)(bnw) |
| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (bnw) |
| Filing 1 COMPLAINT filed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. (Filing fee $400, receipt number 113E-8093115) (Attachments: #1 Civil Cover Sheet)(bnw) 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. |
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