Benavides v. Georgia Public Defender Council et al
| Javier R Benavides |
| Charles Brown, Penny Hunter, Janet Ash, Amy Allen, William Maxwell, Tyler Turner and Georgia Public Defender Council |
| 1:2019cv05609 |
| December 13, 2019 |
| US District Court for the Northern District of Georgia |
| J Clay Fuller |
| Steve C Jones |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #6 MOTION to Dismiss to Magistrate Judge J. Clay Fuller. (rjs) |
| Submission of #9 MOTION to Remand to State Court and MOTION to Stay to Magistrate Judge J. Clay Fuller. (rjs) |
| Filing 14 REPLY BRIEF re #6 MOTION to Dismiss Plaintiff's First Amended Complaint In Lieu of Answer or In The Alternative Motion For A More Definite Statement filed by Amy Allen, Janet Ash, Charles Brown, Georgia Public Defender Council, Penny Hunter, William Maxwell, Tyler Turner. (Greaber, Mary) |
| Clerk's Certificate of Mailing as to Javier R Benavides re minute entry Order on Motion for Extension of Time,. (clk) |
(Minute entry) ORDER granting #12 Motion for Extension of Time construed as a motion for leave to file out of time the #13 Response in Opposition to the #6 MOTION to Dismiss Plaintiff's First Amended Complaint In Lieu of Answer or In The Alternative Motion For A More Definite Statement. Defendants' reply brief, in any, shall be due to filed within 14 days of entry of this Order. Signed by Magistrate Judge J. Clay Fuller on 1/14/2020. (clk)
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| Filing 13 RESPONSE in Opposition re #6 MOTION to Dismiss Plaintiff's First Amended Complaint In Lieu of Answer or In The Alternative Motion For A More Definite Statement filed by Javier R Benavides. (rjs) |
| Filing 12 MOTION for Extension of Time by Javier R Benavides. (rjs) |
| Filing 11 RESPONSE to #9 MOTION to Remand to State Court MOTION to Stay filed by Amy Allen, Janet Ash, Charles Brown, Georgia Public Defender Council, Penny Hunter, William Maxwell, Tyler Turner. (Attachments: #1 Exhibit "A" - Plaintiff's Request For Admissions)(Greaber, Mary) Modified on 1/3/2020 to edit text to pleading filed (rjs). |
| Filing 10 Request for Leave of Absence for the following date(s): April 2, 2020, through and including April 14, 2020, by Mary C. Greaber. (Greaber, Mary) |
| Filing 9 PRO SE MOTION to Remand to State Court and MOTION to Stay All Non-Jurisdictional Motions with Brief In Support by Javier R Benavides. (bdb) |
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Filing 8
ORDER granting #7 Motion to Stay. Defendants are directed to file an answer to Plaintiff's complaint within 14 days of the District Judge's ruling on the pending motion. It is further ORDERED Plaintiff shall file a Certificate of Interested Persons within seven days from the date of entry of this Order. Signed by Magistrate Judge J. Clay Fuller on 12/20/2019. (rjs)
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| Clerk's Certificate of Mailing as to Javier R Benavides re #8 Order. (rjs) |
| Filing 7 MOTION to Stay Discovery and All Pre-Trial Deadlines Pending Resolution of Their Motion To Dismiss Plaintiff's Complaint In Lieu of Answer or In The Alternative Motion For A More Definite Statement by Amy Allen, Janet Ash, Charles Brown, Georgia Public Defender Council, Penny Hunter, William Maxwell, Tyler Turner. (Attachments: #1 Brief In Support of Their Motion To Stay Discovery, #2 Text of Proposed Order on Motion to Stay Discovery)(Greaber, Mary) |
| Filing 6 MOTION to Dismiss Plaintiff's First Amended Complaint In Lieu of Answer or In The Alternative Motion For A More Definite Statement by Amy Allen, Janet Ash, Charles Brown, Georgia Public Defender Council, Penny Hunter, William Maxwell, Tyler Turner. (Attachments: #1 Brief In Support of Motion To Dismiss)(Greaber, Mary) |
| Filing 5 NOTICE to Pro Se Parties. Signed by Magistrate Judge J. Clay Fuller on 12/19/2019. (rjs) |
| Clerk's Certificate of Mailing as to Javier R Benavides re #5 Notice to Pro Se Parties. (rjs) |
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge Steve C. Jones for all further proceedings. Judge Richard W. Story no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:19-cv-05609-SCJ-JCF. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Richard W. Story on 12/16/2019. (rsg)
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| Clerk's Certificate of Mailing as to Javier R Benavides re #4 Order Reassigning Case. (rsg) |
| Filing 3 ANSWER to Complaint within #1 NOTICE OF REMOVAL by Georgia Public Defender Council. Discovery ends on 5/11/2020. (Originally filed in State Court on 10/10/2019) (jap) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 2 AMENDED COMPLAINT with Jury Demand filed by Javier R Benavides against Georgia Public Defender Council, Charles Brown, William Maxwell, Penny Hunter, Amy Allen, Tyler Turner, and Janet Ash. (jap) 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 1 NOTICE OF REMOVAL with COMPLAINT filed by Georgia Public Defender Council, Charles Brown, William Maxwell, Penny Hunter, Amy Allen, Tyler Turner, and Janet Ash (Filing fee $ 400 receipt number AGANDC-9176902). (Attachments: #1 Exhibit 1: Verified Plaintiffs First Amendment Complaint and Additional Counts filed 12-03-2019 in Fulton County Superior Court, #2 Exhibit 2: Certificate of Service of Verified Plaintiffs First Amendment Complaint and Additional Counts filed on 12-03-2019, #3 Exhibit 3: Fulton County Superior Court Summons to Defendant Charles Brown filed on 12-03-2019, #4 Exhibit 4: Fulton County Superior Court Summons to Defendant William Maxwell filed on 12-03-2019, #5 Exhibit 5: Fulton County Superior Court Summons to Defendant Penny Hunter filed on 12-03-2019, #6 Exhibit 6: Fulton County Superior Court Summons to Defendant Tyler Turner filed on 12-03-2019, #7 Exhibit 7: Fulton County Superior Court Summons to Defendant Janet Ash filed on 12-03-2019, #8 Exhibit 8: Plaintiffs Complaint filed in Fulton County Superior Court filed on 09-05-2019, #9 Exhibit 9: Notice of Lawsuit and Request for Waiver of Service of Summons mailed 09-06-2019, #10 Exhibit 10: Waiver form mailed 09-06-2019, #11 Exhibit 11: Superior Court Case Initiation Form filed 09-09-2019, #12 Exhibit 12: Plaintiffs Emergency Motion for Interlocutory Injunction with Brief in Support and Proposed Order filed 09-10-2019, #13 Exhibit 13: Affidavit of Service with Summons filed 09-12-2019, #14 Exhibit 14: Notice of Case Management filed 09-13-2019, #15 Exhibit 15: Rule Nisi filed 09-17-2019, #16 Exhibit 16: Defendants Special Appearance Response In Opposition to Plaintiffs Emergency Motion filed 09-23-2019, #17 Exhibit 17: Notice of Deposition filed 09-26-2019, #18 Exhibit 18: Certificate of Service for Notice of Deposition filed 09-26-2019, #19 Exhibit 19: Notice of Leave of Absence by Attorney Mary Catherine Greaber filed 09-27-2019, #20 Exhibit 20: Amendment to Notice of Deposition filed 10-01-2019, #21 Exhibit 21: Second Amendment to Notice of Deposition filed 10-07-2019, #22 Exhibit 22: Certificate of Service to Second Amendment to Notice of Deposition filed 10-07-2019, #23 Exhibit 23: Certificate of Service of Plaintiffs Proposed Orders to Mary Catherine Greaber filed 10-07-2019, #24 Exhibit 24: Certificate of Service of Plaintiffs Proposed Orders to Superior Court Judge Constance C. Russell filed 10-07-2019, #25 Exhibit 25: Defendants Answer to Plaintiffs Complaint filed In Fulton County Superior Court on 10-10-2019, #26 Exhibit 26: Verification for Defendants Answer to Plaintiffs Complaint filed in Fulton County Superior Court on 10-10-2019, #27 Exhibit 27: Fulton County Superior Court Order denying Plaintiffs Emergency Motion Seeking Injunctive Relief entered on 10-21-2019, #28 Exhibit 28: Plaintiffs Motion For Leave To Serve More Than 50 Interrogatories and Brief In Support Thereof filed on 11-07-2019, #29 Exhibit 29: Certificate of Service for Plaintiffs Motion For Leave To Serve More Than 50 Interrogatories and Brief In Support Thereof filed on 11-07-2019, #30 Exhibit 30: Entry of Appearance of Miles C. Skedsvold for Defendant filed on 11-07-2019, #31 Exhibit 31: Discovery Certificate of Service for Plaintiffs First Continuing Interrogatories to Defendant filed on 11-19-2019, #32 Exhibit 32: Discovery Certificate of Service for Defendants First Requests For Admission, First Interrogatories, and First Requests For Production of Documents to Plaintiff filed on 11-26-2019, #33 Exhibit 33: Discovery Certificate of Service for Plaintiffs Amended First Continuing Interrogatories to Defendant filed 11-27-2019, #34 Exhibit 34: Certificate of Service for Plaintiffs First Requests for Admission to Defendant served 12-03-2019, #35 Exhibit 35: Discovery Certificate of Service for Plaintiffs First Request for Admission to Defendant served 12-03-2019, #36 Exhibit 36: Defendants Response to Plaintiffs Motion For Leave To Serve More Than 50 Interrogatories served 12-05-2019, #37 Exhibit 37: Certificate of Service for Plaintiffs Motion For Leave Of Court To File Amended Complaint Adding Additional Party Defendants, Counts and Brief In Support Herein filed 12-05-2019, #38 Exhibit 38: Superior Court Notice of Removal to be filed on 12-13-19, #39 Appendix To District Court Notice of Removal, #40 Civil Cover Sheet) (jap) 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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