FPA5 Encore, LLC et al v. City of Brookhaven
Plaintiff: FPA5 Encore, LLC and Trinity Property Consultants, LLC
Defendant: City of Brookhaven
Case Number: 1:2019cv03757
Filed: August 20, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: J P Boulee
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2019 Filing 15 CLERK'S JUDGMENT entered dismissing action. (ddm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
October 15, 2019 Civil Case Terminated. (ddm)
October 15, 2019 Opinion or Order Filing 14 ORDER on Temporary Restraining Order. The Court abstains from this matter pursuant to the Younger doctrine and dismisses this case on that ground. The City's Motion to Dismiss #12 is moot in light of the Court's ruling. Signed by Judge J. P. Boulee on 10/15/19. (ddm)
October 14, 2019 Filing 13 REPLY to Response to Motion re #8 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by FPA5 Encore, LLC, Trinity Property Consultants, LLC. (Hoffecker, Charles)
October 14, 2019 Filing 12 MOTION to Dismiss for lack of subject matter jurisdiction with Brief In Support by City of Brookhaven. (Balch, Christopher)
October 14, 2019 Filing 11 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by City of Brookhaven. (Attachments: #1 Exhibit 2018 SDS Between City of Brookhaven and DeKalb County, #2 Exhibit Lopez Affidavit, #3 Exhibit 2012 International Fire Code Section 500, #4 Exhibit 2012 International Fire Code Section 1100, #5 Exhibit 2018 International Fire Code Section 500, #6 Exhibit 2018 International Fire Code Section 1100)(Balch, Christopher)
October 10, 2019 Filing 10 Minute Entry for proceedings held before Judge J. P. Boulee: Telephone Conference held on 10/10/2019 with counsel to discuss the #8 Motion for TRO. The Court requested that Defense counsel respond to the #8 Motion for TRO by 12:00p.m. on 10/14/19. The Court requested that Plaintiff's reply brief be due by 5:00p.m. on 10/14/19. See transcript for more details. (Court Reporter Penny Coudriet)(ddm)
October 10, 2019 NOTICE of TELECONFERENCE Hearing: Hearing re #8 Motion for Temporary Restraining Order set for 10/10/2019 at 01:30 PM before Judge J. P. Boulee. (bnw)
October 9, 2019 Filing 9 NOTICE Of Filing Memorandum of Law in Support of Motion by FPA5 Encore, LLC, Trinity Property Consultants, LLC re #8 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED (Hoffecker, Charles)
October 9, 2019 Filing 8 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTEDby FPA5 Encore, LLC, Trinity Property Consultants, LLC. (Hoffecker, Charles)
September 11, 2019 Clerks Notation re #6 Certificate of Interested Persons approved by JPB. (bnw)
September 11, 2019 Opinion or Order Filing 7 STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 9/11/19. (bnw)
August 28, 2019 Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by FPA5 Encore, LLC, Trinity Property Consultants, LLC identifying Corporate Parent FPA/REIT Holdings V, LLC for FPA5 Encore, LLC, Trinity Property Consultants, LLC. (Hoffecker, Charles)
August 23, 2019 Opinion or Order Filing 5 ORDER granting #3 Motion for Extension of Time to Answer. City of Brookhaven Answer due 10/7/2019. Signed by Judge J. P. Boulee on 8/23/2019. (rjs)
August 23, 2019 Filing 4 NOTICE by FPA5 Encore, LLC, Trinity Property Consultants, LLC re #1 Complaint,, Withdrawal of Motion for TRO (Hoffecker, Charles)
August 22, 2019 (See Doc. #2 ) Return of Service Executed by FPA5 Encore, LLC. City of Brookhaven served on 8/22/2019, answer due 9/12/2019. (tcc)
August 22, 2019 Filing 3 Joint MOTION for Extension of Time to File Answer by City of Brookhaven. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of TIme)(Balch, Christopher)
August 22, 2019 Filing 2 ACKNOWLEDGMENT OF SERVICE Executed filed by City of Brookhaven. All Defendants. (Balch, Christopher)
August 21, 2019 Submission of #1 Complaint requesting injunctive relief, to District Judge J. P. Boulee. (ddm)
August 20, 2019 Filing 1 COMPLAINT for Declaratory Judgment and Temporary Restraining Order filed by FPA5 Encore, LLC, Trinity Property Consultants, LLC. (Filing fee $400, receipt number AGANDC-8877727) (Summons will not be e-issued dues to corrupt file. Attorney has been contacted to resubmit summons once case is opened.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Summons, #7 Civil Cover Sheet)(ddm) 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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Defendant: City of Brookhaven
Represented By: Christopher D. Balch
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Plaintiff: FPA5 Encore, LLC
Represented By: Charles Edgar Hoffecker
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Plaintiff: Trinity Property Consultants, LLC
Represented By: Charles Edgar Hoffecker
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