Bend v. Acosta
| Hubert Bend, Jr |
| Patrick Pizzella and R. Alexander Acosta |
| Michael Buesgens |
| 1:2019cv04295 |
| September 24, 2019 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Justin S Anand |
| J P Boulee |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 18, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 Request to File Evidence that Supports Plaintiff Bend Complaint filed by Michael Buesgens. (ddm) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by R. Alexander Acosta, Patrick Pizzella. (Attachments: #1 Exhibit A - EEO Affidavit of Hubert Bend, Jr.)(Jo, Y.) |
Filing 22
ORDER directing that the Secretary will have 21 days from the date of this Order to file an answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Justin S. Anand on 10/15/19. (ddm)
|
| Clerk's Certificate of Mailing as to Hubert Bend, Jr. re #22 Order. (ddm) |
| Filing 21 Case transferred in from District of Alabama Middle; Case Number 2:18-cv-00593. Original file certified copy of transfer order and docket sheet received. |
|
Filing 20
OPINION AND ORDER: it is ORDERED as follows: (1) The magistrate judge's #19 Recommendation is adopted; (2) Defendant's #13 Motion to Dismiss or, in the Alternative, Motion to Transfer Venue is: granted to the extent that defendant seeks a transfer of venue; denied to the extent that defendant seeks dismissal pursuant to FRCP 12(b)(3); deferred for consideration by the transferee court to the extent that defendant seeks dismissal pursuant to FRCP 12(b)(1) and 12(b)(6); (3) This case is transferred to the United States District Court for the Northern District of Georgia pursuant to 28 USC 1406(a); DIRECTING the clerk of the court to take appropriate steps to effect the transfer; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 9/24/2019. (kr, ) [Transferred from Alabama Middle on 9/24/2019.]
|
| Case transferred to Northern District of Georgia; Electronically transferred via CM/ECF to Clerk. (No pdf attached to this entry) (kr, ) [Transferred from Alabama Middle on 9/24/2019.] |
| No objections filed to the #19 Recommendation. (No pdf attached to this entry) (kr, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 19 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge as follows: (1) To the extent Defendant moves this court to dismiss this action under Rule 12(b)(3), that Defendant's #13 Motion to Dismiss or, in the Alternative, Motion to Transfer is due to be DENIED; (2) To the extent Defendant moves this court, in the alternative, to transfer the action to the United States District Court for the Northern District of Georgia, that Defendant's #13 Motion to Dismiss or, in the Alternative, Motion to Transfer is due to be GRANTED; (3) This case is due to be TRANSFERRED to the United States District Court for the Northern District of Georgia Atlanta Division pursuant to 28 USC 1406(a); and (4) To the extent the Defendant moves this court to dismiss this action under Rules 12(b)(1) and 12(b)(6), that Defendant's #13 Motion to Dismiss or, in the Alternative, Motion to Transfer be deferred for consideration by the Northern District of Georgia; Objections to R&R due by 9/2/2019. Signed by Honorable Judge Wallace Capel, Jr on 8/19/2019. (kr, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 18 PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION TO TRANSFER filed by Hubert Bend, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B)(kh, ) [Transferred from Alabama Middle on 9/24/2019.] |
|
Filing 17
ORDER: Upon consideration of Plaintiffs Motion for Extension of Time to File a Response to Defendants Motion to Dismiss or in the Alternative, Motion to Transfer (Doc. #16 ), it is ORDERED that the motion is GRANTED. Plaintiff shall file his response on or before 10/9/2018. Defendant may file a reply on or before 10/22/2018. Signed by Honorable Judge Wallace Capel, Jr on 9/28/2018. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.]
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| Filing 16 MOTION for Extension of Time to File Response to #13 Motion to Dismiss or in the alternative Motion to Transfer, by Hubert Bend, Jr. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
|
Filing 15
ORDERED that, on or before September 28, 2018, Plaintiff shall file a writtenresponse and show cause, if any there be, why the #13 motion, as to either request for relief, should not be granted. Defendant may file a reply on or before October 12, 2018. Signed by Honorable Judge Wallace Capel, Jr on 9/11/2018. (kh, ) [Transferred from Alabama Middle on 9/24/2019.]
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| Filing 14 BRIEF/MEMORANDUM in Support of Motion to Dismiss or in the Alternative, Motion to Transfer filed by R. Alexander Acosta. (Attachments: #1 Exhibit 1 - EEOC Deposition Excerpt)(DuBois, James) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 13 MOTION to Dismiss OR IN THE ALTERNATIVE, MOTION TO TRANSFER by R. Alexander Acosta. (DuBois, James) [Transferred from Alabama Middle on 9/24/2019.] |
| MOTION to Transfer to Northern District of Georgia by R. Alexander Acosta. (dmn, ) (NO PDF, see Doc. #13 for pdf.) [Transferred from Alabama Middle on 9/24/2019.] |
|
Filing 12
ORDER that Defendant's #10 Motion for Extension of Time in which to answer or otherwise respond to Plaintiff's Complaint is GRANTED. Defedant's time for answering or otherwise responding to the Complaint is extended to 9/10/2018. Answer due from R. Alexander Acosta on 9/10/2018. Signed by Honorable Judge Wallace Capel, Jr on 8/24/2018. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.]
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| Filing 11 Corporate/Conflict Disclosure Statement by R. Alexander Acosta. (DuBois, James) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 10 MOTION for Extension of Time to File Answer or Other Response by R. Alexander Acosta. (DuBois, James) Modified on 8/24/2018 to clean up text. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 9 Return Receipt Card showing service of complaint and summons stamped by Civil Rights Center for R. Alexander Acosta served 6/27/2018. (dmn, ) Modified on 7/5/2018 to reflect file date as 7/2/2018, wrong date entered when originally filed. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 8 Return Receipt Card showing service of complaint and summons signed by Emily Sase for U. S. Attorney General served 6/28/2018. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 7 Return Receipt Card showing service of complaint and summons signed by Trenton Adams for United States Attorney served on 6/27/2018, R. Alexander Acosta answer due 8/26/2018. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
|
Filing 6
ORDER REFERRING CASE to Magistrate Judge Honorable Judge Wallace Capel, Jr. for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 6/22/2018. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.]
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| Filing 5 Summons Issued; summons and complaint mailed CMRRR to R. Alexander Acosta, U.S. Attorney, and U.S. Attorney General. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 4 INFORMATION of the pro se party by Hubert Bend, Jr. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 3 DECLARATION of the pro se party by Hubert Bend, Jr. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 2 Corporate/Conflict Disclosure Statement by Hubert Bend, Jr. (dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
| Filing 1 EEOC COMPLAINT against R. Alexander Acosta ( Filing fee $ 400.00 receipt number 4602049774.), filed by Hubert Bend, Jr. (Attachments: #1 EEOC Letter, #2 U. S. Department of Labor Letter, #3 Civil Cover Sheet, #4 Filing Fee Receipt)(dmn, ) [Transferred from Alabama Middle on 9/24/2019.] |
| DEMAND for Trial by Jury by Hubert Bend, Jr. (dmn, ) (NO PDF, see Doc. #1 for pdf.) [Transferred from Alabama Middle on 9/24/2019.] |
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