Lechter et al v. Aprio, LLP et al
| Russell Dalba, Kathryn Dalba, Sylvia Thompson, Andrew Lechter and Lawson F. Thompson |
| Aprio, LLP, James Jowers, Robert Greenberger, Atlantic Coast Conservancy, Inc., Forever Forests LLC, Large & Gilbert, Inc., Jim R. Clower, Sr., Burr & Forman, LLP, Smith, Lewis & Haley, LLP, Nancy Zak, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Robert D. Keller, Sirote & Permutt, P.C., Georgia Alabama Land Trust, Inc., Clower Kirsch & Associates, LLC, Tennille & Associates, Inc., David C. Smith, Georgia Land Trust, Inc. and Habif, Arogeti & Wynne, LLP |
| 1:2020cv01325 |
| March 26, 2020 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 347 Minute Entry for proceedings held before Judge Amy Totenberg: Motion Hearing held on 2/23/2023 re #326 MOTION to Certify Class. (Court Reporter Shannon Welch)(jpa) |
| NOTICE RESETTING HEARING START TIME re: #326 MOTION to Certify Class. Motion Hearing re-set for 2/23/2023 at 01:00 PM in ATLA Courtroom 2308 before Judge Amy Totenberg. START TIME CHANGE ONLY (hfm) |
Filing 346
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 2/23/2023. Signed by Judge Amy Totenberg on 2/16/23. (jpa)
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Filing 345
ORDER Setting Hearing on #326 MOTION to Certify Class for 2/23/2023 at 02:30 PM in ATLA Courtroom 2308 before Judge Amy Totenberg. Signed by Judge Amy Totenberg on 1/27/23. (jpa)
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| Filing 344 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson re #327 Notice of Filing, (Attachments: #1 Redacted Exhibit A (per Court's Order Dkt. 343), #2 Redacted Exhibit T (per Court's Order Dkt. 343))(Simpson, Tyler) |
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Filing 343
ORDER GRANTING IN PART the Plaintiffs' #328 Motion for Leave to File Matters Under Seal; and GRANTING defendants' #334 Motion for Leave to File Matters Under Seal. The Clerk is DIRECTED to place the following documents under seal: the entirety of Doc. 327-6 at 1032, and Doc. 327-7 at 16872) and plaintiffs are DIRECTED to re-file redacted copies; Exhibits A through K of Exhibit 8, Exhibits 9 through 21, Exhibits 24 through 33, Exhibits 40 through 44, and Exhibits 46 and 47 of Defendants Opposition to Plaintiffs Motion for Class Certification (Docs. 333-1 through 333-41). Signed by Judge Amy Totenberg on 1/13/23. (jpa)
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| Submission of #341 MOTION for Leave to File DEFENDANTS SUR-REPLY IN OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION, to District Judge Amy Totenberg. (hfm) |
| Filing 342 RESPONSE in Opposition re #341 MOTION for Leave to File DEFENDANTS SUR-REPLY IN OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Simpson, Tyler) |
| Filing 341 MOTION for Leave to File DEFENDANTS SUR-REPLY IN OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Aprio, LLP, Robert Greenberger. (Attachments: #1 Exhibit 1 - Proposed Defendants' Sur-Reply In Opposition To Plaintiffs' Motion For Class Certification)(Rains, John) |
| Submission of #326 MOTION to Certify Class , to District Judge Amy Totenberg. (hfm) |
| Filing 340 REPLY to Response to Motion re #326 MOTION to Certify Class filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Deary, David) |
| Filing 339 RESPONSE re #334 MOTION for Leave to File Matters Under Seal re: #333 Notice of Filing,,,,,,,,,,, filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Simpson, Tyler) |
| Submission of #334 MOTION for Leave to File Matters Under Seal re: #333 Notice of Filing, to District Judge Amy Totenberg. (hfm) |
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Filing 338
ORDER granting in part #335 Motion to Stay. The Courts Scheduling Order dated November 30, 2021 #269 ) is hereby suspended pending the Courts determination of Plaintiffs #326 Motion for Class Certification. Within 14 days of the filing of the Courts order on Plaintiffs Motion for Class Certification, the parties shall either: (1) submit a joint proposed scheduling order or, (2) if the parties are unable to reach an agreement on a new scheduling order, jointly request that the Court schedule a status and scheduling conference to determine a new scheduling order; All discovery and discovery-related matters in this action are stayed pending the entry of a new scheduling order with listed exceptions. Signed by Judge Amy Totenberg on 10/17/22. (jpa)
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ORDER, by docket entry only, granting #337 Motion for Extension of Time, through and including November 18, 2022, to file a reply brief re #326 MOTION to Certify Class . Ordered by Judge Amy Totenberg on 10/13/22. (hfm)
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| Filing 337 Unopposed MOTION for Extension of Time File Reply re: #326 MOTION to Certify Class by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Text of Proposed Order Exhibit A)(Wray, Wilson) |
| Filing 336 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson of Firm Name Change (Simpson, Tyler) |
| Filing 335 MOTION to Stay Discovery Pending Ruling on Plaintiffs' Motion for Class Certification by Aprio, LLP, Robert Greenberger. (Rains, John) |
| Filing 334 MOTION for Leave to File Matters Under Seal re: #333 Notice of Filing,,,,,,,,,,, with Brief In Support by Aprio, LLP, Robert Greenberger. (Attachments: #1 Text of Proposed Order)(Rains, John) |
| Filing 333 SEALED NOTICE Of Filing Under Seal by Aprio, LLP, Robert Greenberger re #332 Response in Opposition to Motion,,,,,,,,, (Attachments: #1 Exhibit A to Ex. 8 - 2010 Engagement Agreement with Maple Landing, LLC, #2 Exhibit B to Ex. 8 2011 Engagement Agreement with Evergreen Church Road, LLC, #3 Exhibit C to Ex. 8 2012 Engagement Agreement with Village at Effingham, LLC, #4 Exhibit D to Ex. 8 2013 Engagement Agreement with Oakhill Woods, LLC, #5 Exhibit E to Ex. 8 2014 Engagement Agreement with Riverside Place, LLC, #6 Exhibit F to Ex. 8 2015 Engagement Agreement, #7 Exhibit G to Ex. 8 2016 Engagement Agreement, #8 Exhibit H to Ex. 8 2017 Engagement Agreement, #9 Exhibit I to Ex. 8 Terms and Conditions Addenda to the 2018 Engagement Agreement, #10 Exhibit J to Ex. 8 - 2020 form Engagement Agreement, #11 Exhibit K to Ex. 8 - 2021 form Engagement Agreement, #12 Exhibit 09 - Big K PPM Aprio-Lechter00032230, #13 Exhibit 10 - Cottonwood Place PPM Hutcheson26896, #14 Exhibit 11 - Cumberland Ridge - Little Mountain PPM Aprio-Lechter00041996, #15 Exhibit 12 - Dashers Bay at Effingham Subscription Aprio-Lechter00043261, #16 Exhibit 13 - Evergreen Church Memorandum Aprio-Lechter00047627, #17 Exhibit 14 - Game Creek Subscription Agreement, #18 Exhibit 15 - Game Creek PPM, #19 Exhibit 16 - Hurricane Creek - Lumpkin HC PPM Aprio-Lechter51098, #20 Exhibit 17 - Julianton PPM Aprio-Lechter00053639, #21 Exhibit 18 - LCV Fund V - Broad River PPM Aprio-Lechter00057988, #22 Exhibit 19 - LCV Fund XIV - Woodland Property PPM Aprio-Lechter00058821, #23 Exhibit 20 - Lontrac PPM Aprio-Lechter00060444, #24 Exhibit 21 - Lovell Hart PPM Aprio-Lechter00062808, #25 Exhibit 24 - Mountain Lion PPM Aprio-Lechter00065416, #26 Exhibit 25 - Oakhill Woods Memorandum - NZDOJ00059728, #27 Exhibit 26 - Red Oak Memorandum Aprio-Lechter00073179, #28 Exhibit 27 - Riverpointe at Ogeechee PPM Aprio-Lechter00075007, #29 Exhibit 28 - Riverside Place Memorandum Aprio-Lechter00077035, #30 Exhibit 29 - Soddy Creek PPM Aprio-Lechter00083778, #31 Exhibit 30 - Starbridge Hills PPM Aprio-Lechter00087563, #32 Exhibit 31 - Tucker Knob - Caneco PPM Aprio-Lechter00091579, #33 Exhibit 32 - Twin Mountain PPM Aprio-Lechter00093985, #34 Exhibit 33 - Wildwood PPM Aprio-Lechter00098841, #35 Exhibit 40 - Deposition Exhibit 011, #36 Exhibit 41 - Deposition Exhibit 012, #37 Exhibit 42 - Deposition Exhibit 014, #38 Exhibit 43 - Deposition Exhibit 015, #39 Exhibit 44 - Deposition Exhibit 016, #40 Exhibit 46 - Deposition Exhibit 027, #41 Exhibit 47 - Deposition Exhibit 057)(Rains, John) Modified on 1/13/2023 (jpa). |
| Filing 332 RESPONSE in Opposition re #326 MOTION to Certify Class filed by Aprio, LLP, Robert Greenberger. (Attachments: #1 Exhibit 1- Dalba Deposition Excerpts, #2 Exhibit 2 - Thompson Deposition Excerpts, #3 Exhibit 3 - Lechter Deposition Excerpts, #4 Exhibit 4 - Storm Warnings in Turk and Lechter, #5 Exhibit 5 - PPM Warnings and Investor Representations, #6 Exhibit 6 - PPM Projections of Tax Benefits, #7 Exhibit 7 - SOL Chart, #8 Exhibit 8 - Declaration of Samuel Tuck, #9 Exhibit Slipsheet - Exhibits A-K filed under seal, #10 Exhibit 9 - Slipsheet - filed under seal, #11 Exhibit 10 - Slipsheet - filed under seal, #12 Exhibit 11 - Slipsheet - filed under seal, #13 Exhibit 12 - Slipsheet - filed under seal, #14 Exhibit 13 - Slipsheet - filed under seal, #15 Exhibit 14 - Slipsheet - filed under seal, #16 Exhibit 15 - Slipsheet - filed under seal, #17 Exhibit 16 - Slipsheet - filed under seal, #18 Exhibit 17 - Slipsheet - filed under seal, #19 Exhibit 18 - Slipsheet - filed under seal, #20 Exhibit 19 - Slipsheet - filed under seal, #21 Exhibit 20 - Slipsheet - filed under seal, #22 Exhibit 21 - Slipsheet - filed under seal, #23 Exhibit 22 - Maple Landing PPM [135-003], #24 Exhibit 23 - Mossy Rock PPM [171-3], #25 Exhibit 24 - Slipsheet - filed under seal, #26 Exhibit 25 - Slipsheet - filed under seal, #27 Exhibit 26 - Slipsheet - filed under seal, #28 Exhibit 27 - Slipsheet - filed under seal, #29 Exhibit 28 - Slipsheet - filed under seal, #30 Exhibit 29 - Slipsheet - filed under seal, #31 Exhibit 30 - Slipsheet - filed under seal, #32 Exhibit 31 - Slipsheet - filed under seal, #33 Exhibit 32 - Slipsheet - filed under seal, #34 Exhibit 33 - Slipsheet - filed under seal, #35 Exhibit 34 - Deposition Exhibit 001, #36 Exhibit 35 - Deposition Exhibit 002, #37 Exhibit 36 - Deposition Exhibit 005, #38 Exhibit 37 - Deposition Exhibit 006, #39 Exhibit 38 - Deposition Exhibit 008, #40 Exhibit 39 - Deposition Exhibit 010, #41 Exhibit 40 - Slipsheet - filed under seal, #42 Exhibit 41 - Slipsheet - filed under seal, #43 Exhibit 42 - Slipsheet - filed under seal, #44 Exhibit 43 - Slipsheet - filed under seal, #45 Exhibit 44 - Slipsheet - filed under seal, #46 Exhibit 45 - Deposition Exhibit 019, #47 Exhibit 46 - Slipsheet - filed under seal, #48 Exhibit 47 - Slipsheet - filed under seal)(Rains, John) |
| Submission of #328 MOTION for Leave to File Matters Under Seal re: #327 Notice of Filing, , to District Judge Amy Totenberg. (hfm) |
| Filing 331 RESPONSE re #328 MOTION for Leave to File Matters Under Seal re: #327 Notice of Filing, filed by Aprio, LLP, Robert Greenberger. (Rains, John) |
| Filing 330 Unopposed MOTION for Extension of Time To File Response to Plaintiffs' Motion to Certify Class re: #326 MOTION to Certify Class by Aprio, LLP, Robert Greenberger. (Attachments: #1 Text of Proposed Order)(Rains, John) |
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ORDER, by docket entry only, granting #330 Motion for Extension of Time, through and including October 6, 2022, to file a response #326 MOTION to Certify Class . Ordered by Judge Amy Totenberg on 9/6/22. (hfm)
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| Filing 329 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson re #328 MOTION for Leave to File Matters Under Seal re: #327 Notice of Filing, of Intent Not to Permanently Seal Docs by Former Def. Dentons Sirote (Simpson, Tyler) |
| Filing 328 MOTION for Leave to File Matters Under Seal re: #327 Notice of Filing, with Brief In Support by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Brief, #2 Text of Proposed Order)(Deary, David) |
| Filing 327 NOTICE Of Filing Motion for Class Certification by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson re #326 MOTION to Certify Class (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 SEALED Exhibit 6 (PART 1), #7 SEALED Exhibit 6 (PART 2))(Deary, David) Modified on 1/13/2023 (jpa). |
| Filing 326 MOTION to Certify Class with Brief In Support by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6 (PART 1), #8 Exhibit 6 (PART 2), #9 Exhibit 6 (PART 3), #10 Exhibit 6 (PART 4), #11 Exhibit 6 (PART 5), #12 Exhibit 6 (PART 6))(Deary, David) |
| Clerk's Entry of Dismissal APPROVING #325 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) of Defendants Nancy Yak and Forever Forests without prejudice. (jpa) |
| Filing 325 NOTICE of Voluntary Dismissal of Defendants Nancy Zak and Forever Forests Without Prejudice filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (Simpson, Tyler) |
| Filing 324 NOTICE by Georgia Alabama Land Trust, Inc. of Withdrawal by Travis M. Cashbaugh as Counsel (Cashbaugh, Travis) |
| Filing 323 Unopposed MOTION for Leave to File Excess Pages for Class Certification Briefing by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Text of Proposed Order)(Simpson, Tyler) |
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Filing 322
OPINION and ORDER DENYING Baker Donelson's #252 Motion for Sanctions. Plaintiffs' #272 Motion to Disregard Improper Arguments is also DENIED. Signed by Judge Amy Totenberg on 8/17/22. (jpa)
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ORDER, by docket entry only, granting #323 Motion for Leave to File Excess Pages. Entered by Judge Amy Totenberg on 8/17/22. (hfm)
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ORDER, by docket entry only, granting in part #314 Motion for Extension of Time, through and including August 23, 2022, to move for Class Certification. Entered by Judge Amy Totenberg on 7/13/22. (hfm)
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| Filing 321 RESPONSE in Opposition re #314 Second MOTION for Extension of Time Move for Class Certification filed by Aprio, LLP, Forever Forests LLC, Robert Greenberger, Nancy Zak. (Rains, John) |
| Filing 320 NOTICE to Take Deposition of Andrew Lechter filed by Aprio, LLP, Robert Greenberger (Rains, John) |
| Filing 319 NOTICE to Take Deposition of Sylvia Thompson filed by Aprio, LLP, Robert Greenberger (Rains, John) |
| Filing 318 NOTICE to Take Deposition of Lawson F. Thompson filed by Aprio, LLP, Robert Greenberger (Rains, John) |
| Filing 317 NOTICE to Take Deposition of Russell Dalba filed by Aprio, LLP, Robert Greenberger (Rains, John) |
| Clerk's Entry of Dismissal APPROVING #316 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) as to Defendant Tennille & Associates, Inc. (jpa) |
| Clerk's Entry of Dismissal APPROVING #315 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) as to Dentons Sirote PC (jpa) |
| Filing 316 STIPULATION of Dismissal of Defendant Tennille & Associates Without Prejudice by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Simpson, Tyler) |
| Filing 315 STIPULATION of Dismissal of Defendant Dentons Sirote PC Without Prejudice by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Simpson, Tyler) |
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ORDER by docket entry only: Any Defendants who wish to respond to Plaintiffs Second Motion for Extension of Time Move for Class Certification #314 are DIRECTED to do so by Tuesday, July 12, 2022. The Court would appreciate a consolidated response from any Defendants who wish to respond in a joint filing not to exceed 9 pages. However, if Defendants are unable to prepare a consolidated response then any Defendants who wish to respond should file individual responses not to exceed 9 pages. Entered by Judge Amy Totenberg on 7/6/22. (hfm)
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| Filing 314 Second MOTION for Extension of Time Move for Class Certification with Brief In Support by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Wray, Wilson) |
| Filing 313 Application for Leave of Absence for the following date(s): July 13 through 22, 2022, by Samuel Fenn Little, Jr. (Little, Samuel) |
| Clerk's Entry of Dismissal APPROVING #312 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) as to James Jowers. (jpa) |
| Filing 312 STIPULATION of Dismissal pursuant to FRCP 41.a.1.ii of James Jowers by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (jpa) |
| Filing 311 STIPULATION for Dismissal of Def. James Jowers Without Prejudice by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Simpson, Tyler) |
| Filing 310 NOTICE by Sirote & Permutt, P.C. Notice of Name Change (Attachments: #1 Exhibit A)(Thornton, Martin) |
| Filing 309 TRANSCRIPT of Telephone Conference Proceedings held on 4/12/2022, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/27/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/4/2022. (Attachments: #1 Notice of Filing) (srw) |
| Filing 308 Notice for Leave of Absence for the following date(s): July 7, 2022 through July 18, 2022; August 5, 2022 through August 15, 2022; November 18, 2022 through November 28, 2022; and December 22, 2022 through January 3, 2023, by Barbara Anne Marschalk. (Marschalk, Barbara) |
| Filing 307 CERTIFICATE OF SERVICE OF DISCOVERY by Aprio, LLP.(Rains, John) |
| Filing 306 CERTIFICATE OF SERVICE of Discovery by Tennille & Associates, Inc..(Bazzani, Roberto) |
| Filing 305 AFFIDAVIT of Service for Subpoena to Produce Documents , as to Effingham Managers, LLC. (Simpson, Tyler) |
| Filing 304 AFFIDAVIT of Service for Subpoena to Produce Documents , as to Derek Hutcheson. (Simpson, Tyler) |
| Filing 303 AFFIDAVIT of Service for Subpoena to Produce Documents , as to Environmental Resource Fund, LLC. (Simpson, Tyler) |
| Filing 302 AFFIDAVIT of Service for Subpoena to Produce Documents , as to EvrGreen Management Group, Inc.. (Simpson, Tyler) |
| Filing 301 AFFIDAVIT of Service for Subpoena to Produce Documents , as to Matt Campbell. (Simpson, Tyler) |
| Filing 300 CERTIFICATE OF SERVICE Of Defendants Aprio, LLP's Objections And Responses To Plaintiffs' First Set Of Interrogatories by Aprio, LLP.(Rains, John) |
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ORDER, by docket entry only, granting #291 Motion for Extension of Time re: #269 Scheduling Order. The deadline for Plaintiffs to move for class certification is extended to July 30, 2022. Entered by Judge Amy Totenberg on 4/13/22. (hfm)
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| Filing 299 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson of Subpoenas (Attachments: #1 Exhibit Subpoena - Matt Campbell, #2 Exhibit Subpoena - Derek Hutcheson, #3 Exhibit Subpoena - EvrGreen Management Group, Inc., #4 Exhibit Subpoena - Effingham Managers, LLC, #5 Exhibit Subpoena - Environmental Resource Fund, LLC)(Simpson, Tyler) |
| Filing 298 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson of Joint/Consolidated Discovery Statement by Plaintiffs & Defendant Dentons Sirote, PC (Attachments: #1 Exhibit A, #2 Exhibit B)(Simpson, Tyler) |
| Filing 297 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson of Joint/Consolidated Discovery Statement by Plaintiffs & Defendant Tennille & Associates (Attachments: #1 Exhibit A)(Simpson, Tyler) |
| NOTICE OF TELEPHONE PROCEEDING: Discovery Hearing set for Tuesday, 4/12/2022 at 05:00 PM before Judge Amy Totenberg. Connection Instructions: Please Call 1-888-684-8852. Access Code 7001576#. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (hfm) |
| Submission of #291 MOTION for Extension of Time re: #269 Scheduling Order to Extend Deadlines, to District Judge Amy Totenberg. (hfm) |
| Filing 296 REPLY to Response to Motion re #291 MOTION for Extension of Time re: #269 Scheduling Order to Extend Deadlines filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Wray, Wilson) |
| Filing 295 RESPONSE re #291 MOTION for Extension of Time re: #269 Scheduling Order to Extend Deadlines filed by Aprio, LLP, Forever Forests LLC, Robert Greenberger, Sirote & Permutt, P.C., Tennille & Associates, Inc., Nancy Zak. (Thornton, Martin) |
| Submission of #293 Consent MOTION for Order Regarding Discovery of Electronically Stored Information, to District Judge Amy Totenberg. (cavc) |
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Filing 294
ORDER regarding discovery of electronically stored information. Signed by Judge Amy Totenberg on 3/24/2022. (vs)
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| Filing 293 Consent MOTION for Order Regarding Discovery of Electronically Stored Information by Sirote & Permutt, P.C.. (Attachments: #1 Text of Proposed Order Exhibit 1)(Thornton, Martin) |
| Filing 292 CERTIFICATE OF SERVICE Pls. First Interrogatories to Sirote and Pls. First Interrogatories to Tennille & Assoc. by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson.(Simpson, Tyler) |
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ORDER, by docket entry only, re #291 MOTION for Extension of Time to Amend Scheduling Order. Defendant are DIRECTED to file a response by March 28, 2022, and Plaintiff is DIRECTED to file a reply brief by March 31, 2022. Entered by Judge Amy Totenberg on 3/21/22. (hfm)
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| Filing 291 MOTION for Extension of Time re: #269 Scheduling Order to Extend Deadlines with Brief In Support by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Wray, Wilson) |
| Filing 290 CERTIFICATE OF SERVICE of Pls. First Interrogatories to Def. Aprio, LLP by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson.(Simpson, Tyler) |
| Filing 289 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson of Service of Discovery (Sloan, Jeven) |
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Filing 288
ORDER granting #287 Motion for Protective Order. Signed by Judge Amy Totenberg on 3/2/22. (jra)
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| Filing 287 Consent MOTION for Protective Order by Aprio, LLP, Robert Greenberger. (Attachments: #1 Text of Proposed Order)(Rains, John) |
| Filing 286 Petition for Leave of Absence for the following date(s): March 2,3,4, 7, 8 May 10, 11, 12, 13, 16, 17, by Leslie Paige Becknell. (Attachments: #1 Text of Proposed Order Proposed Order)(Becknell, Leslie) |
| Filing 285 CERTIFICATE OF SERVICE of Discovery by Tennille & Associates, Inc..(Bazzani, Roberto) |
| Filing 284 CERTIFICATE OF SERVICE rule 34 requests by Forever Forests LLC, Nancy Zak.(Little, Samuel) |
| Filing 283 CERTIFICATE OF SERVICE Defendant Dentons Sirote PC's Certificate of Service by Sirote & Permutt, P.C..(Thornton, Martin) |
| Filing 282 CERTIFICATE OF SERVICE OF DISCOVERY by Aprio, LLP, Robert Greenberger.(Rains, John) |
| Submission of #272 MOTION to Disregard Improper Arguments, to District Judge Amy Totenberg. (hfm) |
| Filing 281 CERTIFICATE OF SERVICE Defendant Dentons Sirote PC's Certificate of Service by Sirote & Permutt, P.C..(Thornton, Martin) |
| Filing 280 CERTIFICATE OF SERVICE OF DISCOVERY by Aprio, LLP, Robert Greenberger.(Rains, John) |
| Filing 279 RESPONSE In Opposition re #272 MOTION #270 Reply Brief to Disregard Improper Arguments filed by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Blair, Sam) Modified on 1/5/2022 (vs). |
| Filing 278 Notice for Leave of Absence for the following date(s): January 12, 2022 through January 20, 2022; February 17, 2022 through February 22, 2022; March 30, 2022 through April 11, 2022; July 7, 2022 through July 18, 2022; November 18, 2022 through November 28, 2022; and December 22, 2022 through January 3, 2023, by Barbara Anne Marschalk. (Marschalk, Barbara) |
| Filing 277 Initial Disclosures by Forever Forests LLC, Nancy Zak. (Attachments: #1 Exhibit document Attachment C, #2 Exhibit witness attachment A)(Little, Samuel) |
| Filing 276 CERTIFICATE OF SERVICE Defendant Dentons Sirote PC's Certificate of Service by Sirote & Permutt, P.C..(Thornton, Martin) |
| Filing 275 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson of Service of Discovery (Wray, Wilson) |
| Filing 274 Initial Disclosures by Tennille & Associates, Inc..(Bazzani, Roberto) |
| Filing 273 NOTICE by Aprio, LLP, Robert Greenberger OF SERVICE OF DISCOVERY (Rains, John) |
| Filing 272 MOTION to Disregard Improper Arguments re #270 Reply Brief with Brief In Support by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Brief)(Sloan, Jeven) Modified on 1/5/2022 (vs). |
| Filing 271 CERTIFICATE OF SERVICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson.(Canada, William) |
| Submission of #252 MOTION for Sanctions to District Judge Amy Totenberg. (rvb) |
| Filing 270 REPLY BRIEF re #252 MOTION for Sanctions filed by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Exhibit 1 - Correspondence)(Blair, Sam) |
| Filing 268 James Jowers ANSWER to #155 Amended Complaint (FAC) by James Jowers.(Leman, Joseph) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 267 ANSWER to #155 Amended Complaint by Forever Forests LLC, Nancy Zak.(Little, Samuel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 269
SCHEDULING ORDER: Discovery ends on 12/1/2022. Summary Judgment Motions due by 6/16/2023. (See Order for additional schedules) Signed by Judge Amy Totenberg on 11/30/2021. (vs)
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| Filing 266 Sirote and Permutt, P.C.'s ANSWER to #155 Amended Complaint by Sirote & Permutt, P.C..(Thornton, Martin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 265 ANSWER to #155 Amended Complaint by Tennille & Associates, Inc..(Bazzani, Roberto) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 264 NOTICE Of Filing by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson Proposed Scheduling Order (Attachments: #1 Text of Proposed Order)(Sloan, Jeven) |
| Filing 263 ANSWER to #155 Amended Complaint by Aprio, LLP, Robert Greenberger. Discovery ends on 4/29/2022.(Rains, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 262 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Status Conference held on 11/22/2021. The parties are to provide modified proposed scheduling Order. See transcript for specifics. (Court Reporter Shannon Welch)(vs) |
| Filing 261 MOTION for Extension of Time to File Reply re: #257 Response in Opposition to Motion, #252 MOTION for Sanctions by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Text of Proposed Order)(Strain, Ryan) |
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ORDER, by docket entry only, granting #261 Motion for Extension of Time, through and including December 3, 2021, to file a reply brief re #252 MOTION for Sanctions. Entered by Judge Amy Totenberg on 11/15/21. (hfm)
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| Filing 260 NOTICE by Atlantic Coast Conservancy, Inc., Robert D. Keller re. Change of Address of Counsel (Delaney, Colin) |
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ORDER, by docket entry only: The Court advises the parties that it is satisfied that it has jurisdiction under the Class Action Fairness Act based on the authorities provided by the parties in the #256 Response and #259 Notice. Entered by Judge Amy Totenberg on 11/9/21. (hfm)
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| Filing 259 NOTICE by Aprio, LLP, Robert Greenberger of Points and Authorities (Rains, John) |
| Filing 258 Minute Entry for proceedings held before Judge Amy Totenberg: Status Conference held on 11/4/2021. The Court held a case management conference with counsel on this date. As a result of this conference, the following directives and oral orders were issued. Defendants are directed to provide the Court with bullet points and authorities in support of their Class Action Fairness Act arguments by November 8, 2021. The parties are directed to provide the Court with a Joint Case Management Plan by November 17, 2021. If this November 17th date proves not feasible due to ongoing discussions between the parties, the parties are directed to advise the Court by November 15th of their inability to conclude the Case Management Plan by that deadline and of the date by which the Proposed Joint Case Management Plan will be submitted. Defendants deadline to Answer the Amended Complaint is extended to November 30, 2021. (Court Reporter Shannon Welch)(vs) |
| Filing 257 RESPONSE in Opposition re #252 MOTION for Sanctions of Baker Donelson filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Exhibit 1)(Sloan, Jeven) |
| Filing 256 RESPONSE re #255 Notice of Filing Proposed Case Management Order filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Wray, Wilson) |
| Filing 255 NOTICE Of Filing [Proposed] Case Management Order by Aprio, LLP, Robert Greenberger (Attachments: #1 Text of Proposed Order)(Rains, John) |
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ORDER, by docket entry only, granting #254 Motion for Extension of Time, through and including November 2, 2021, to file a response re #252 MOTION for Sanctions. Entered by Judge Amy Totenberg on 10/21/21. (hfm)
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| Filing 254 Consent MOTION for Extension of Time To File Response re: #252 MOTION for Sanctions by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Text of Proposed Order)(Sloan, Jeven) |
| Filing 253 NOTICE by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson of Firm Name Change (Sloan, Jeven) |
| Filing 252 MOTION for Rule 11 Sanctions by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Memorandum of Law)(hfm) |
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ORDER, by docket entry only, re #252 MOTION for Rule 11 Sanctions filed by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. The briefing schedule for response and reply briefs are as outlined within the Court's local rules. Plaintiff shall be allowed thirty-five (35) pages for the response brief and BDBC&B shall be limited to the the standard fifteen (15) pages allowed for a reply brief. Entered by Judge Amy Totenberg on 10/12/21. (hfm)
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| Filing 251 NOTICE Of Filing Motion for Rule 11 Sanctions and Request for Direction by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (Attachments: #1 Exhibit - 07/10/2020 Rule 11 Documents)(Blair, Sam) |
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Filing 250
ORDER granting #249 Motion for Extension of Time. Defendants shall serve their answers to Plaintiffs' First Amended Class Action Complaint #155 on or before November 15, 2021. Signed by Judge Amy Totenberg on 10/7/21. (rlh)
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| Submission of #249 Unopposed MOTION for Extension of Time, to District Judge Amy Totenberg. (rlh) |
| Filing 249 Unopposed MOTION for Extension of Time by Sirote & Permutt, P.C.. (Attachments: #1 Exhibit A: Proposed Order)(Thornton, Martin) |
| NOTICE SCHEDULING VIDEO PROCEEDING by docket entry only: Status Conference set for 11/4/2021 at 10:30 AM before Judge Amy Totenberg. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1619514705. Meeting ID: 161 951 4705. Passcode: 617587. Audio 1-669-254-5252. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (hfm) |
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Filing 248
ORDER granting in part and denying in part Plaintiff's #187 Motion to Strike; granting in part and denying in part #170 Motion to Dismiss for Failure to State a Claim; granting #171 Motion to Dismiss; granting in part and denying in part #172 Motion to Dismiss for Failure to State a Claim; granting #173 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #177 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #179 Motion to Dismiss for Failure to State a Claim; granting #180 Motion to Dismiss for Failure to State a Claim; granting #181 Motion to Dismiss; granting in part and denying in part #182 Motion to Dismiss for Failure to State a Claim; granting #183 Motion to Dismiss. Accordingly, Defendants Atlantic Coast Conservancy, Inc.; Robert D. Keller; Large & Gilbert, Inc.; David C. Smith; Smith, Lewis & Haley, LLP; Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.; and Georgia Alabama Land Trust, Inc. are DISMISSED from this case. Aside from Plaintiffs claims against the Clower Defendants, who have yet to respond to the Amended Complaint, the following claims remain: Count III, Count V, Count VI, Count VII, and Count IX. The Court ORDERS the parties to meet and confer to discuss a plan for approaching discovery, and ultimately summary judgment, on a narrower set of issues. The parties are further ORDERED to appear for a Status Conference on November 4, 2021 at 10:30 A.M. via video conference to discuss their plans for proceeding with discovery and summary judgment and to file any preliminary agreements the parties have reached regarding case management by October 26, 2021. In the meantime, Defendants are directed to promptly file Answers to the Amended Complaint. Signed by Judge Amy Totenberg on 9/30/21. (hfm)
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Filing 247
ORDER: The Court advises Plaintiffs that in the event they file a motion for default judgment against Clower, that motion must be served on Clower by both regular and certified mail and must be accompanied by a copy of the email correspondence referenced between the Court and Plaintiffs counsel. Additionally, Plaintiff is DIRECTED to include in its service package a copy of this Order. Plaintiff is further DIRECTED to file with the Court evidence of its transmission of the referenced materials and Plaintiff's receipt of the certified mail. Signed by Judge Amy Totenberg on 9/8/21. (hfm)
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| Filing 246 Notice of Address Change by Tennille & Associates, Inc. (Becknell, Leslie) Modified on 6/25/2021 to edit text (rlb). |
| Filing 245 NOTICE of Leave of Absence for Leslie Becknell for the following dates: July 6, 2021- July 12, 2021, September 13, 2021-September 20, 2021, October 19, 2021-October 25, 2021. (Becknell, Leslie) Modified on 6/25/2021 to edit text (rlb). |
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Filing 244
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (mmc) (ADI)
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| Filing 243 Request for Leave of Absence for the following date(s): March 1, 2, 3, 4 & 5, 2021, by Samuel Fenn Little, Jr. (Little, Samuel) |
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ORDER, by docket entry only, granting #242 Motion to Withdraw as Attorney. Attorney Jim L. Flegle terminated. Entered by Judge Amy Totenberg on 2/24/21. (hfm)
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| Filing 242 MOTION to Withdraw Jim L. Flegle as Attorneyby Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Exhibit A)(Flegle, Jim) |
| Filing 241 Notice for Leave of Absence for the following date(s): March 8,9,10,11,12,15, 2021 & April 2, 5, 2021, by Samuel Fenn Little, Jr. (Little, Samuel) |
| NOTICE re #239 Telephone Conference. Attorney Roberto Bazzani representing Tennille & Associates, LLC. present for hearing. (hfm) |
| Filing 239 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 1/29/2021. The Court discussed case management strategy with the parties and will issue an order in due time on the pending motions to dismiss. (Court Reporter Shannon Welch)(rlb) |
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Filing 238
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (mmc) (ADI)
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| Submission of #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM amended complaint, #182 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Tennille & Associates, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint, #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #177 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended ComplaintFirst MOTION to Dismiss under Rule 9(b) FRCP, #180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #187 MOTION to Strike #171 MOTION to Dismiss Amended Complaint, #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #180 MOTION TO DISMISS FOR FAILURE TO STATE A C, #183 MOTION to Dismiss Plaintiffs' First Amended Complaint, #171 MOTION to Dismiss Amended Complaint, #173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Class Action Complaint, or in the Alternative MOTION for Summary Judgment , #181 MOTION to Dismiss First Amended Class Action Complaint, to District Judge Amy Totenberg. (rlb) |
| Filing 237 RESPONSE re #218 Order, Executive Summary re Zak and Forever Forest, LLC filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) Modified on 1/19/2021 (rlb). |
| Filing 236 RESPONSE re #218 Order, Executive Summary re Atlantic Coast Conservancy, Inc. filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) Modified on 1/19/2021 (rlb). |
| Filing 235 RESPONSE re #218 Order, Executive Summary re Aprio filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) Modified on 1/19/2021 (rlb). |
| Filing 234 RESPONSE re #218 Order, Executive Summary of Arguments in Large & Gilbert's Motion to Dismiss Plaintiffs Amended Complaint filed by Large & Gilbert, Inc.. (Hitson, Brent) Modified on 1/19/2021 (rlb). |
| Filing 233 RESPONSE re #218 Order, Executive Summary re Baker Donelson filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) Modified on 1/19/2021 (rlb). |
| Filing 232 RESPONSE re #218 Order, Executive Summary re Georgia-Alabama Land Trust, Inc. filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) Modified on 1/19/2021 (rlb). |
| Filing 231 RESPONSE re #218 Order, Executive Summary re Large & Gilbert, Inc. filed by Kathryn Dalba, Russell Dalba, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) Modified on 1/19/2021 (rlb). |
| Filing 230 RESPONSE re #218 Order, Executive Summary re Sirote filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) Modified on 1/19/2021 (rlb). |
| Filing 229 RESPONSE re #218 Order, Plaintiffs' Consolidated Executive Summary filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) Modified on 1/19/2021 (rlb). |
| Filing 228 RESPONSE re #218 Order, Executive Summary of Mtn Dismiss Arguments filed by Forever Forests LLC, Nancy Zak. (Little, Samuel) Modified on 1/19/2021 (rlb). |
| Filing 227 RESPONSE re #218 Order, Defendant Georgia-Alabama Land Trust, Inc.'s Executive Summary of Motion to Dismiss Arguments filed by Georgia Alabama Land Trust, Inc.. (Buckley, Robert) Modified on 1/19/2021 (rlb). |
| Filing 226 Executive Summary of Arguments in Support of Motion to Dismiss First Amended Class Action Complaint as to Defendant Sirote & Permutt, P.C. re #218 Order filed by Sirote & Permutt, P.C.. (Thornton, Martin) Modified on 1/19/2021 (rlb). |
| Filing 225 NOTICE Of Filing Executive Summary of the Motion to Dismiss by Atlantic Coast Conservancy, Inc., Robert D. Keller (Vickery, Steven) |
| Filing 224 Defendants Aprio LLP and Robert Greenberger's Executive Summary of Motion to Dismiss Arguments re #218 Order filed by Aprio, LLP, Robert Greenberger. (Rains, John) Modified on 1/19/2021 (rlb). |
| Filing 223 NOTICE Of Filing Joint Executive Summary of Defendants' Motions to Dismiss by Atlantic Coast Conservancy, Inc., Robert D. Keller (Vickery, Steven) |
| Filing 222 REPLY BRIEF re #181 MOTION to Dismiss First Amended Class Action Complaint - Baker Donelson's Executive Summary filed by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Blair, Sam) |
| Filing 221 REPLY to Response to Motion re #187 MOTION to Strike #171 MOTION to Dismiss Amended Complaint, #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #180 MOTION TO DISMISS FOR FAILURE TO STATE A C filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
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ORDER, by docket entry only, granting #211 Motion for Leave to File Excess Pages. By Judge Amy Totenberg on 1/6/21. (hfm)
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| Submission of #211 MOTION for Leave to File Excess Pages on the Reply in Support of Its Motion to Dismiss Amended Complaint, to District Judge Amy Totenberg. (rlb) |
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ORDER, by docket entry only, granting #220 Motion for Extension of Time, through and including January 15, 2021 to respond re #187 MOTION to Strike #171 MOTION to Dismiss. By Judge Amy Totenberg on 1/4/21. (hfm)
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| Filing 220 MOTION for Extension of Time to file Reply in Support of Motion to Strike re: #187 MOTION to Strike #171 MOTION to Dismiss Amended Complaint, #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #180 MOTION TO DISMISS FOR FAILURE TO STATE A C by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Text of Proposed Order)(Sloan, Jeven) |
| Filing 219 Notice for Leave of Absence for the following date(s): February 12, 2021 through February 22, 2021, April 2, 2021 through April 12, 2021, June 18, 2021 through June 28, 2021, November 22, 2021 through November 29, 2021, and December 22, 2021 through December 27, 2021, by Barbara Anne Marschalk. (Marschalk, Barbara) |
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Filing 218
SCHEDULING ORDER REGARDING COMPLETION OF BRIEFING ON MOTIONS TO DISMISS (see Order for specifics). Signed by Judge Amy Totenberg on 12/21/2020. (jpk)
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| Filing 217 REPLY to Response to Motion re #171 MOTION to Dismiss Amended Complaint filed by Atlantic Coast Conservancy, Inc., Robert D. Keller. (Delaney, Colin) |
| Filing 216 REPLY to Response to Motion re #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM amended complaint filed by Forever Forests LLC, Nancy Zak. (Little, Samuel) |
| Filing 215 REPLY BRIEF re #173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Class Action Complaint, or in the Alternative MOTION for Summary Judgment filed by Large & Gilbert, Inc.. (Hitson, Brent) |
| Filing 214 REPLY BRIEF re #182 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Tennille & Associates, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint filed by Tennille & Associates, Inc.. (Bazzani, Roberto) |
| Filing 213 RESPONSE in Opposition re #187 MOTION to Strike #171 MOTION to Dismiss Amended Complaint, #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #180 MOTION TO DISMISS FOR FAILURE TO STATE A C filed by Sirote & Permutt, P.C.. (Attachments: #1 Exhibit A)(Thornton, Martin) |
| Filing 212 REPLY BRIEF re #181 MOTION to Dismiss First Amended Class Action Complaint filed by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Blair, Sam) |
| Filing 211 Consent MOTION for Leave to File Excess Pages on the Reply in Support of Its Motion to Dismiss Amended Complaint by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Text of Proposed Order)(Blair, Sam) |
| Filing 210 REPLY in Support re #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Class Action Complaint As To Defendant Sirote & Permutt, P.C. filed by Sirote & Permutt, P.C.. (Thornton, Martin) |
| Filing 209 Reply in Support re #183 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Georgia Alabama Land Trust, Inc. (Maine, Dana) Modified on 12/21/2020 to edit event text (rlb). |
| Filing 208 Amended Certificate of Interested Persons by Aprio, LLP, Robert Greenberger. (Rains, John) |
| Filing 207 REPLY BRIEF re #180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David C. Smith, Smith, Lewis & Haley, LLP. (Smalley, Robert) |
| Filing 206 REPLY BRIEF re #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aprio, LLP, Robert Greenberger. (Rains, John) |
| Filing 205 TRANSCRIPT of Telephone Conference Proceedings held on 12/2/2020, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/16/2021. (Attachments: #1 Notice of Filing) (srw) |
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ORDER by docket entry only: The Parties shall submit the Proposed Scheduling Order no later than December 18, 2020. By Judge Amy Totenberg on 12/14/20. (hfm)
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| Filing 204 Minute Entry for proceedings held before Judge Amy Totenberg: Status Conference held on 12/11/2020. Counsel for all parties are in ongoing discussions regarding a proposed scheduling order that will streamline the briefing in this case. See Transcript. (Court Reporter Shannon Welch)(rlb) |
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Filing 203
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (ddm) (ADI)
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| Filing 202 Notice for Leave of Absence for the following date(s): December 14,15,16,22,23,24,2020, by Samuel Fenn Little, Jr. (Little, Samuel) |
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Filing 201
ORDER: The Consent Motion for Extension of Time is GRANTED #198 . Any future filings which are granted a page extension of five pages or more SHALL be accompanied by an executive summary as described by the Court. The Parties will examine between themselves strategies for streamlining the briefing in this case going forward and will present to the Court their suggestions during the upcoming Dec. 11, 2020 status conference. Signed by Judge Amy Totenberg on 12/3/20. (rlb)
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| Filing 200 Minute Entry for proceedings held before Judge Amy Totenberg: Status Conference held on 12/2/2020. #198 Motion for Extension of Time GRANTED. Doc. 198 Consent Motion for Extension of Time is GRANTED. Any future filings which are allowed a page extension of five pages or more SHALL be accompanied by an executive summary as described by the Court. The Parties will discuss strategies for streamlining the briefing in this case going forward, including the possibility of grouping Defendants' briefs where appropriate, or bifurcating the Court's consideration of the case into discrete stages. The Parties will present to the Court their suggestions regarding these issues during the Dec. 11, 2020 status conference. (Court Reporter Shannon Welch)(rlb) |
| NOTICE OF VIDEO CONFERENCE by docket entry only: Status Conference set for 12/2/2020 at 03:00 PM before Judge Amy Totenberg. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1601909289. Meeting ID: 160 190 9289. Passcode: 542785. Audio +16692545252. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (hfm) |
| Submission of #198 Consent MOTION for Extension of Time to File Response re: #187 MOTION to Strike #171 MOTION to Dismiss Amended Complaint, #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #170 MOTION TO DISMISS FOR FAILURE TO STATE A, to District Judge Amy Totenberg. (rlb) |
| Filing 199 Request for Leave of Absence for the following date(s): December 14,15,16,22,23,24, 2020 by Samuel Fenn Little, Jr. (Little, Samuel) Modified on 12/3/2020 (hfm). |
| Filing 198 Consent MOTION for Extension of Time to File Response re: #187 MOTION to Strike #171 MOTION to Dismiss Amended Complaint, #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #180 MOTION TO DISMISS FOR FAILURE TO STATE A C by Sirote & Permutt, P.C.. (Attachments: #1 Text of Proposed Order)(Thornton, Martin) |
| Filing 197 RESPONSE in Opposition re #171 MOTION to Dismiss Amended Complaint filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 196 RESPONSE in Opposition re #182 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Tennille & Associates, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 195 RESPONSE in Opposition re #173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Class Action Complaint, or in the Alternative MOTION for Summary Judgment filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 194 RESPONSE in Opposition re #177 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended ComplaintFirst MOTION to Dismiss under Rule 9(b) FRCP and Memorandum in Support filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 193 RESPONSE in Opposition re #181 MOTION to Dismiss First Amended Class Action Complaint filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 192 RESPONSE in Opposition re #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM amended complaint and Memorandum in Support filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 191 RESPONSE in Opposition re #183 MOTION to Dismiss Plaintiffs' First Amended Complaint and Memorandum in Support filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 190 RESPONSE in Opposition re #180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 189 RESPONSE in Opposition re #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 188 RESPONSE in Opposition re #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 187 MOTION to Strike #171 MOTION to Dismiss Amended Complaint, #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #182 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Tennille & Associates, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint, #181 MOTION to Dismiss First Amended Class Action Complaint, #183 MOTION to Dismiss Plaintiffs' First Amended Complaint, #177 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended ComplaintFirst MOTION to Dismiss under Rule 9(b) FRCP, #173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Class Action Complaint, or in the Alternative MOTION for Summary Judgment , #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM amended complaint or Disregard Extrinsic Evidence by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 186 MOTION for Leave to File Excess Pages for Responses to Motions to Dismiss by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Attachments: #1 Text of Proposed Order)(Sloan, Jeven) |
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ORDER, by docket entry only, granting #186 Motion for Leave to File Excess Pages. By Judge Amy Totenberg on 11/13/20. (hfm)
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| Submission of #185 Consent MOTION to Stay Rule 26 Requirements, to District Judge Amy Totenberg. (rlb) |
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ORDER, by docket entry only, granting #185 Motion to Stay pretrial deadlines pending the Court's ruling on the Motions to Dismiss. By Judge Amy Totenberg on 11/3/20. (hfm)
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| Filing 185 Consent MOTION to Stay Rule 26 Requirements with Brief In Support by Georgia Alabama Land Trust, Inc.. (Attachments: #1 Brief Brief in Support of Consent Motion to Stay Rule 26)(Maine, Dana) |
| Filing 184 NOTICE Of Filing Corrected Exhibits by Sirote & Permutt, P.C. re Order on Motion for Leave to File, Order on Motion for Leave to File Excess Pages (Attachments: #1 Exhibit 1 - 20101218 Maple Landing -- Complete Private Offering Summary REDACTED, #2 Exhibit 2 - 20101231 Maple Landing LLC-Amendment No 1 to Operating Agreement REDACTED, #3 Exhibit 3 - 12.21.10 Email from James Jowers to Russ Dalba REDACTED)(Thornton, Martin) |
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ORDER, by docket entry only, granting #174 Motion for Leave to File; granting #178 Motion for Leave to File Excess Pages. By Judge Amy Totenberg on 10/28/20. (hfm)
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| Submission of the #174 MOTION for Leave to File Corrected Exhibits and #173 MOTION for Summary Judgment to District Judge Amy Totenberg. (aaq) |
| Filing 183 MOTION to Dismiss Plaintiffs' First Amended Complaint with Brief In Support by Georgia Alabama Land Trust, Inc.. (Attachments: #1 Brief Brief in Support of Defendant Georgia-Alabama Land Trust, Inc.'s Motion to Dismiss, #2 Exhibit A - Maple Landing LLC BDR, #3 Exhibit B - Oakhill Woods LLC BDR, #4 Exhibit C - Maple Landing LLC 8283 30 Dec 2010, #5 Exhibit D - Oakhill Woods LLC 8283 7 Dec 2010)(Maine, Dana) |
| Filing 182 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Tennille & Associates, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint with Brief In Support by Tennille & Associates, Inc.. (Attachments: #1 Brief Brief in Support of Defendant Tennille & Associates, Inc.'s Motion to Dismiss)(Bazzani, Roberto) |
| Filing 181 MOTION to Dismiss First Amended Class Action Complaint with Brief In Support by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Brief in Support of Motion to Dismiss First Amended Class Action Complaint)(Blair, Sam) |
| Filing 180 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by David C. Smith, Smith, Lewis & Haley, LLP. (Attachments: #1 Brief)(Smalley, Robert) |
| Filing 179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM amended complaint with Brief In Support by Forever Forests LLC, Nancy Zak. (Attachments: #1 Brief brief in support of motion, #2 Exhibit maple landing ppm, #3 Exhibit Development map, #4 Exhibit empirical analysis)(Little, Samuel) |
| Filing 178 MOTION for Leave to File Excess Pages by Forever Forests LLC, Nancy Zak. (Attachments: #1 Text of Proposed Order proposed order)(Little, Samuel) |
| Filing 177 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, First MOTION to Dismiss under Rule 9(b) FRCP with Brief In Support by James Jowers. (Leman, Joseph) |
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Filing 176
ORDER granting #175 Motion for Leave to File Excess Pages. Georgia Alabama Land Trust Inc.'s request to file a brief of 35 pages in support of its Motion to Dismiss is GRANTED. Signed by Judge Amy Totenberg on 10/14/20. (rlb)
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| Filing 175 Unopposed MOTION for Leave to File Excess Pages on the Brief in Support of Motion to Dismiss by Georgia Alabama Land Trust, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Buckley, Robert) |
| Filing 174 MOTION for Leave to File Corrected Exhibits by Sirote & Permutt, P.C.. (Attachments: #1 Exhibit 1 - 20101218 Maple Landing -- Complete Private Offering Summary REDACTED, #2 Exhibit 2 - 20101231 Maple Landing LLC-Amendment No 1 to Operating Agreement REDACTED, #3 Exhibit 3 - 12.21.10 Email from James Jowers to Russ Dalba REDACTED)(Thornton, Martin) |
| Filing 173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' First Amended Class Action Complaint, or in the Alternative (), MOTION for Summary Judgment () with Brief In Support by Large & Gilbert, Inc.. (Attachments: #1 Brief Memorandum in Support, #2 Exhibit A - Declaration of Nancy Zak)(Hitson, Brent) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Sirote & Permutt, P.C.. (Attachments: #1 Brief, #2 Affidavit Declaration of Peter Hardin, #3 Exhibit 1 - Maple Landing, LLC Confidential Private Offering Summary, #4 Exhibit 2 - Amendment No. 1 to Operating Agreement of Maple Landing, LLC, #5 Exhibit 3 - 12/21/10 Email from James Jowers to Russ Dalba, #6 Exhibit 4 - 8/21/19 Mossy Rock, LLC Notice re Settement, #7 Exhibit 5 - 1/17/17 Email from Jennifer Surrett to Member, #8 Exhibit 6 - 2/16/17 Email from Jennifer Surrett to Member, #9 Exhibit 7 - 8/14/17 Email from Jennifer Surrett to Member)(Thornton, Martin) |
| Filing 171 MOTION to Dismiss Amended Complaint with Brief In Support by Atlantic Coast Conservancy, Inc., Robert D. Keller. (Attachments: #1 Brief Brief in Support of ACC and Dr. Keller's Motion to Dismiss, #2 Exhibit Ex. A Dr. Keller's Declaration, #3 Exhibit Ex. B. Mr. Delaney's Declaration)(Delaney, Colin) |
| Filing 170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Aprio, LLP, Robert Greenberger. (Attachments: #1 Brief)(Rains, John) |
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Filing 169
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (aaq) (ADI)
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| Filing 168 Return of Service Executed by Lawson F. Thompson, Andrew Lechter, Kathryn Dalba, Sylvia Thompson, Russell Dalba. Clower Kirsch & Associates, LLC served on 9/15/2020, answer due 10/16/2020. (Sloan, Jeven) |
| Filing 167 Return of Service Executed by Lawson F. Thompson, Andrew Lechter, Kathryn Dalba, Sylvia Thompson, Russell Dalba. Jim R. Clower, Sr served on 9/15/2020, answer due 10/16/2020. (Sloan, Jeven) |
| Filing 166 Electronic Summons Issued as to Jim R. Clower, Sr. and Clower Kirsch & Associates, LLC. (Attachments: #1 Summons Clower Kirsch & Associates, LLC)(rlb) |
| Filing 165 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson for Clower Kirsch & Associates, LLC (Sloan, Jeven) |
| Filing 164 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson for Jim R. Clower, Sr. (Sloan, Jeven) |
| Filing 163 CERTIFICATE of Compliance re #3 Order (Becknell, Leslie) |
| Filing 162 CERTIFICATE of Compliance re #3 Order (Bazzani, Roberto) |
| Filing 161 CERTIFICATE of Compliance re #3 Order (Marschalk, Barbara) |
| Filing 160 CERTIFICATE of Compliance re #3 Order (Cashbaugh, Travis) |
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Filing 159
ORDER granting #158 Motion for Extension of Time. Aprio, LLP and Robert Greenberger, Sirote & Permutt, P.C., Atlantic Coast Conservancy, Inc., Robert D. Keller and Large & Gilbert, Inc. shall move to dismiss or otherwise respond to the First Amended Complaint on or before October 2, 2020 and each defendant shall be permitted to file a single brief of 45 pages. All remaining Defendants shall move to dismiss or otherwise respond to the First Amended Complaint on or before October 16, 2020, subject to the usual page limitations or as previously ordered by the Court, but shall be permitted to adopt and incorporate by reference a part of a Defendant's brief that was filed on or before October 2, 2020; Plaintiffs shall respond to any motions to dismiss on or before November 20, 2020 and all Defendants shall serve reply briefs on or before December 18, 2020. Signed by Judge Amy Totenberg on 9/8/20. (rlb)
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| Submission of #158 Consent MOTION for Extension of Time , to District Judge Amy Totenberg. (rlb) |
| Filing 158 Consent MOTION for Extension of Time by Aprio, LLP, Robert Greenberger. (Attachments: #1 Text of Proposed Order)(Rains, John) Modified on 9/8/2020 to edit event (rlb). |
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Filing 157
ORDER: The Court GRANTS leave sua sponte for Plaintiffs to file the Amended Complaint. The Motions to Dismiss are DENIED as moot #81 , #131 , #133 , #134 , #135 , #137 , #138 , #141 , #144 , and #146 . The Consent Motion to Stay Rule 26 Requirements is likewise DENIED as moot at this time #154 . The Motion to Exceed Page Limits #130 is GRANTED. Signed by Judge Amy Totenberg on 9/3/2020. (ah)
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Filing 156
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (dgs) (ADI)
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| Filing 155 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Lawson F. Thompson, Andrew Lechter, Kathryn Dalba, Sylvia Thompson, Russell Dalba.(Sloan, Jeven) 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 154 Consent MOTION to Stay Rule 26 Requirements with Brief In Support by Georgia Alabama Land Trust, Inc.. (Attachments: #1 Brief Memorandum of Law in Support of Consent Motion to Stay Rule 26 Requirements)(Cashbaugh, Travis) |
| Submission of #130 MOTION for Leave to File Excess Pages to District Judge Amy Totenberg. (bnp) |
| Filing 153 NOTICE of Appearance by Travis Martin Cashbaugh on behalf of Georgia Alabama Land Trust, Inc. (Cashbaugh, Travis) |
| Filing 152 Certificate of Interested Persons by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Hall, Steven) |
| Filing 151 Certificate of Interested Persons by David C. Smith, Smith, Lewis & Haley, LLP. (Smalley, Robert) |
| Filing 150 Certificate of Interested Persons by Forever Forests LLC, Nancy Zak. (Little, Samuel) |
| Filing 149 CERTIFICATE of Compliance for Jason Bell (Bell, Jason) |
| Filing 148 NOTICE of Appearance by Jason S. Bell on behalf of Atlantic Coast Conservancy, Inc., Robert D. Keller (Bell, Jason) |
| Filing 147 Certificate of Interested Persons by Atlantic Coast Conservancy, Inc., Robert D. Keller. (Delaney, Colin) |
| Filing 146 MOTION to Dismiss Plaintiffs' Original Class Action Complaint with Brief In Support by Atlantic Coast Conservancy, Inc., Robert D. Keller. (Attachments: #1 Brief In Support of Motion to Dismiss, #2 Exhibit A. Dr. Keller's Declaration, #3 Exhibit B. Mr. Delaney's Declaration)(Delaney, Colin) |
| Filing 145 Certificate of Interested Persons by Tennille & Associates, Inc.. (Rusnak, David) |
| Filing 144 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Tennille & Associates, Inc.'s Motion to Dismiss Plaintiffs' Complaint with Brief In Support by Tennille & Associates, Inc.. (Attachments: #1 Brief Brief in Support of Defendant Tennille & Associates, Inc.'s Motion to Dimiss)(Rusnak, David) |
| Filing 143 Certificate of Interested Persons by Aprio, LLP, Robert Greenberger. (Rains, John) |
| Filing 142 Certificate of Interested Persons by Georgia Alabama Land Trust, Inc.. (Buckley, Robert) |
| Filing 141 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Aprio, LLP, Robert Greenberger. (Attachments: #1 Brief)(Rains, John) |
| Filing 140 CERTIFICATE of Compliance re #3 Order (Buckley, Robert) |
| Filing 139 CERTIFICATE of Compliance re #3 Order (Maine, Dana) |
| Filing 138 MOTION to Dismiss with Brief In Support by Georgia Alabama Land Trust, Inc.. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A - Maple Landing LLC BDR, #3 Exhibit B - Maple Landing LLC 30 Dec 2010, #4 Exhibit C - Oakhill Woods BDR 7 Dec, #5 Exhibit D - Oakhill Woods LLC 8283, #6 Exhibit E - Oakhill Woods LLC v Comm, #7 Exhibit F - Oakhill Woods LLC v. Comm)(Maine, Dana) |
| Filing 137 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Brief in Support of Motion to Dismiss)(Blair, Sam) |
| Filing 136 Certificate of Interested Persons by Sirote & Permutt, P.C.. (Thornton, Martin) |
| Filing 135 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Sirote & Permutt, P.C.. (Attachments: #1 Brief, #2 Affidavit Declaration of Peter J. Hardin, #3 Exhibit 1 - Maple Landing, LLC Confidential Private Offering Summary, #4 Exhibit 2 - Amendment No. 1 to Operating Agreement of Maple Landing, LLC, #5 Exhibit 3 - 12/21/10 Email from James Jowers to Russ Dalba, #6 Exhibit 4 - 1/17/17 Email from Jennifer Surrett to Member, #7 Exhibit 5 - 2/16/17 Email from Jennifer Surrett to Member, #8 Exhibit 6 - 8/14/17 Email from Jennifer Surrett to Member)(Thornton, Martin) |
| Filing 134 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 12(b)(6) 9(b) with Brief In Support by James Jowers. (Leman, Joseph) |
| Filing 133 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by David C. Smith, Smith, Lewis & Haley, LLP. (Attachments: #1 Brief)(Smalley, Robert) |
| Filing 132 NOTICE of Appearance by Joseph Trent Leman on behalf of James Jowers (Leman, Joseph) |
| Filing 131 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Forever Forests LLC, Nancy Zak. (Attachments: #1 Brief Memorandum Brief in suppoer, #2 Exhibit Maple Landing Documents, #3 Exhibit Development map, #4 Exhibit case analysis article)(Little, Samuel) Modified on 8/10/2020 to terminate duplicative Motion to Dismiss(bnp). |
| Filing 130 MOTION for Leave to File Excess Pages by Forever Forests LLC, Nancy Zak. (Attachments: #1 Text of Proposed Order proposed order)(Little, Samuel) |
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Filing 129
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (jpa) (ADI)
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ORDER, by docket entry only, granting #128 Motion for Leave to File Excess Pages. By Judge Amy Totenberg on 8/3/20. (hfm)
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| Submission of #128 Unopposed MOTION for Leave to File Excess Pages to District Judge Amy Totenberg. (bnp) |
| Filing 128 Unopposed MOTION for Leave to File Excess Pages on the Brief in Support of its Motion to Dismiss by Tennille & Associates, Inc.. (Bazzani, Roberto) |
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Filing 127
ORDER granting Atlantic Coast Conservancy, Inc. and Dr. Robert D. Keller's #123 Motion for Leave to File Excess Pages. Signed by Judge Amy Totenberg on 7/29/2020. (bnp)
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Filing 126
SCHEDULING ORDER granting #122 Consent Motion for Extension of Time. The Motion Defendants shall move to dismiss or otherwise respond to the Complaint on or before August 7, 2020. Plaintiffs shall respond to any of the Motion Defendants' motions to dismiss on or before September 18, 2020. The Motion Defendants shall serve reply briefs on or before October 16, 2020. Signed by Judge Amy Totenberg on 7/29/2020. (bnp)
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Filing 125
ORDER granting Georgia Alabama Land Trust Inc.'s #121 Motion for Leave to File Excess Pages. Signed by Judge Amy Totenberg on 7/29/2020. (bnp)
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Filing 124
ORDER granting Baker Donelson's #118 Motion for Leave to File Excess Pages. Signed by Judge Amy Totenberg on 7/29/2020. (bnp)
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| Filing 123 MOTION for Leave to File Excess Pages with Brief In Support by Atlantic Coast Conservancy, Inc., Robert D. Keller. (Attachments: #1 Text of Proposed Order)(Delaney, Colin) |
| Filing 122 MOTION for Extension of Time re: #60 Order on Motion for Extension of Time,, #1 Complaint, with Brief In Support by Atlantic Coast Conservancy, Inc., Robert D. Keller. (Attachments: #1 Text of Proposed Order)(Delaney, Colin) |
| Submission of #118 Unopposed MOTION for Leave to File Excess Pages , #121 Unopposed MOTION for Leave to File Excess Pages on the Brief in Support of Motion to Dismiss to District Judge Amy Totenberg. (bnp) |
| Filing 121 Unopposed MOTION for Leave to File Excess Pages on the Brief in Support of Motion to Dismiss by Georgia Alabama Land Trust, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Buckley, Robert) |
| Filing 120 NOTICE of Appearance by Roberto Bazzani on behalf of Tennille & Associates, Inc. (Bazzani, Roberto) |
| Filing 119 NOTICE of Appearance by David L. Rusnak on behalf of Tennille & Associates, Inc. (Rusnak, David) |
| Filing 118 Unopposed MOTION for Leave to File Excess Pages by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Text of Proposed Order)(Blair, Sam) |
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ORDER, by docket entry only, granting #116 and #117 Motions for Leave to File Excess Pages. By Judge Amy Totenberg on 7/21/20. (hfm)
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| Filing 117 Unopposed MOTION for Leave to File Excess Pages by Sirote & Permutt, P.C.. (Attachments: #1 Text of Proposed Order)(Thornton, Martin) |
| Filing 116 Unopposed MOTION for Leave to File Excess Pages by Aprio, LLP, Robert Greenberger. (Attachments: #1 Text of Proposed Order)(Rains, John) |
| Filing 115 CERTIFICATE of Compliance (Smalley, Robert) |
| Filing 114 NOTICE of Appearance by Robert Edward Buckley on behalf of Georgia Alabama Land Trust, Inc. (Buckley, Robert) |
| Filing 113 NOTICE of Appearance by Dana Kristin Maine on behalf of Georgia Alabama Land Trust, Inc. (Maine, Dana) |
| Filing 112 NOTICE of Appearance by Wilson Edward Wray, Jr on behalf of Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (Wray, Wilson) |
| Filing 111 CERTIFICATE of Compliance for Steven Vickery (Vickery, Steven) |
| Filing 110 CERTIFICATE of Compliance for Greg Smith (Vickery, Steven) |
| Filing 109 CERTIFICATE of Compliance for AJ Rollins (Vickery, Steven) |
| Filing 108 CERTIFICATE of Compliance for Colin Delaney (Vickery, Steven) |
| Filing 107 CERTIFICATE of Compliance for Wilson E. Wray, Jr. (Wray, Wilson) |
| Filing 106 NOTICE of Appearance by Leslie Paige Becknell on behalf of Tennille & Associates, Inc. (Becknell, Leslie) |
| Filing 105 NOTICE of Appearance by Barbara Anne Marschalk on behalf of Tennille & Associates, Inc. (Marschalk, Barbara) |
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Filing 104
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (ddm) (ADI)
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| Filing 103 NOTICE of Appearance by Robert Harris Smalley, III on behalf of David C. Smith, Smith, Lewis & Haley, LLP (Smalley, Robert) |
| Filing 102 Electronic Summons Issued as to Clower Kirsch & Associates, LLC. (bnp) |
| Filing 101 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson for Clower Kirsch & Associates, LLC (Sloan, Jeven) |
| Filing 100 Electronic Summons Issued as to Jim R. Clower, Sr. (bnp) |
| Filing 99 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson for Jim R. Clower, Sr. (Sloan, Jeven) |
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Filing 98
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (dgs) (ADI)
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| Filing 97 CERTIFICATE of Compliance (Hall, Steven) |
| Filing 96 CERTIFICATE of Compliance (Peterson, Jennifer) |
| Filing 95 CERTIFICATE of Compliance (Floyd, John) |
| Filing 94 CERTIFICATE of Compliance (Rains, John) |
| Filing 93 CERTIFICATE of Compliance (Balser, David) |
| Filing 92 CERTIFICATE of Compliance (Strain, Ryan) |
| Filing 91 CERTIFICATE of Compliance (Blair, Sam) |
| Filing 90 CERTIFICATE of Compliance (Pritchard, Billie) |
| Filing 89 NOTICE of Appearance by Billie Barker Pritchard on behalf of Sirote & Permutt, P.C. (Pritchard, Billie) |
| Filing 88 CERTIFICATE of Compliance (Pratt, James) |
| Filing 87 NOTICE of Appearance by James Andrew Pratt on behalf of Sirote & Permutt, P.C. (Pratt, James) |
| Filing 86 CERTIFICATE of Compliance (Thornton, Martin) |
| Filing 85 NOTICE of Appearance by Martin Robert Thornton on behalf of Sirote & Permutt, P.C. (Thornton, Martin) |
| Filing 84 NOTICE of Appearance by David Lewis Balser on behalf of Sirote & Permutt, P.C. (Balser, David) |
| Filing 83 NOTICE Of Filing Declaration of Nathan Worthey by Large & Gilbert, Inc. (Attachments: #1 Exhibit A - Declaration of Nathan Worthey)(Hitson, Brent) |
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ORDER, by docket entry only, granting #70 and #71 Applications for Admission Pro Hac Vice. By Judge Amy Totenberg on 6/18/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #70 APPLICATION for Admission of Sam Berry Blair, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9804350).. Attorney Sam Berry Blair added appearing on behalf of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (nmb) |
| APPROVAL by Clerks Office re: #71 APPLICATION for Admission of Ryan Andrew Strain Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9804392).. Attorney Ryan Andrew Strain added appearing on behalf of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (nmb) |
| Filing 82 NOTICE Of Filing Declaration of Nathan Worthey by Large & Gilbert, Inc. (Hitson, Brent) |
| Filing 81 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, MOTION for Summary Judgment with Brief In Support by Large & Gilbert, Inc. (Attachments: #1 Brief Memorandum in Support)(Hitson, Brent) . Added MOTION for Summary Judgment on 6/18/2020 (bnp). |
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Filing 80
ORDER granting #73 Motion for Leave to File Excess Pages. Large & Gilbert, Inc. may exceed the twenty-five (25) page limit set forth in Local Rule 7.l(D) in connection with its forthcoming motion to dismiss Plaintiffs' Original Class Action Complaint by fifteen (15) pages, for a maximum length of forty (40) pages, excluding the case caption, signature blocks, and certificate of service. Signed by Judge Amy Totenberg on 6/17/2020. (bnp)
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| Filing 79 NOTICE of Appearance by Tala Amirfazli on behalf of Large & Gilbert, Inc. (Amirfazli, Tala) |
| Filing 78 Certificate of Interested Persons by Tennille & Associates, Inc.. (Tennille, Andre) |
| Filing 77 CERTIFICATE of Compliance (Tennille, Andre) |
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ORDER, by docket entry only, granting #72 Motion for Extension of Time. Plaintiffs 90-day class certification deadline shall be extended until 30 days after all Defendants have answered Plaintiffs Original Class Action Complaint. By Judge Amy Totenberg on 6/17/20. (hfm)
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| Submission of #72 Unopposed MOTION to Continue Class Certification Deadlines to District Judge Amy Totenberg. (bnp) |
| Filing 76 Certificate of Interested Persons by Large & Gilbert, Inc.. (Hitson, Brent) |
| Filing 75 CERTIFICATE of Compliance (Amirfazli, Tala) |
| Filing 74 CERTIFICATE of Compliance (Hitson, Brent) |
| Filing 73 MOTION for Leave to File Excess Pages with Brief In Support by Large & Gilbert, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Hitson, Brent) |
| Filing 72 Unopposed MOTION to Continue Class Certification Deadlines by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Sloan, Jeven) |
| Filing 71 APPLICATION for Admission of Ryan Andrew Strain Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9804392).by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Text of Proposed Order)(Hall, Steven) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 70 APPLICATION for Admission of Sam Berry Blair, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9804350).by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.. (Attachments: #1 Text of Proposed Order)(Hall, Steven) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 69 NOTICE of Appearance by Steven G. Hall on behalf of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (Hall, Steven) |
| Filing 68 NOTICE of Appearance by Andre Townsend Tennille, III on behalf of Tennille & Associates, Inc. (Tennille, Andre) |
| Filing 67 CERTIFICATE of Compliance (Little, Samuel) |
| Filing 66 CERTIFICATE of Compliance (Little, Samuel) |
| Filing 65 WAIVER OF SERVICE Returned Executed by Forever Forests LLC. Forever Forests LLC waiver mailed on 4/14/2020, answer due 7/31/2020. (Little, Samuel) Modified on 6/15/2020 to correct waiver mailed date (bnp). |
| Filing 64 WAIVER OF SERVICE Returned Executed by Nancy Zak. Nancy Zak waiver mailed on 4/14/2020, answer due 7/31/2020. (Little, Samuel) Modified on 6/15/2020 to correct waiver mailed date(bnp). |
| Filing 63 NOTICE of Appearance by Samuel Fenn Little, Jr on behalf of Forever Forests LLC (Little, Samuel) |
| Filing 62 NOTICE of Appearance by Samuel Fenn Little, Jr on behalf of Nancy Zak (Little, Samuel) |
| Filing 61 WAIVER OF SERVICE Returned Executed by Lawson F. Thompson, Andrew Lechter, Kathryn Dalba, Sylvia Thompson, Russell Dalba. James Jowers waiver mailed on 5/4/2020, answer due 7/31/2020. (Sloan, Jeven) |
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Filing 60
SCHEDULING ORDER granting #59 Motion for Extension of Time. IT IS HEREBY ORDERED that the schedule for plaintiffs and for all defendants who have been served or have waived service on or before 6/15/20 shall be as follows: Defendants shall move to dismiss or otherwise respond to the complaint on or before 7/31/20; Plaintiffs shall respond to any motions to dismiss on or before 9/11/20; and Defendants shall serve reply briefs on or before 10/9/20. Signed by Judge Amy Totenberg on 6/4/20. (jpa)
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| Filing 59 Consent MOTION for Extension of Time re: #1 Complaint, by Aprio, LLP, Robert Greenberger. (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Rains, John) |
| Set Deadlines/Hearings: Defendants' answers or motions to dismiss due 7/31/2020. (jpa) |
| Filing 58 WAIVER OF SERVICE Returned Executed by Lawson F. Thompson, Andrew Lechter, Kathryn Dalba, Sylvia Thompson, Russell Dalba. Tennille & Associates, Inc. waiver mailed on 5/12/2020, answer due 7/13/2020. (Sloan, Jeven) |
| Filing 57 WAIVER OF SERVICE Returned Executed by Smith, Lewis & Haley, LLP. Smith, Lewis & Haley, LLP waiver mailed on 5/4/2020, answer due 7/6/2020. (Smalley, Robert) |
| Filing 56 WAIVER OF SERVICE Returned Executed by David C. Smith. David C. Smith waiver mailed on 5/4/2020, answer due 7/6/2020. (Smalley, Robert) |
| Filing 55 WAIVER OF SERVICE Returned Executed by Lawson F. Thompson, Andrew Lechter, Kathryn Dalba, Sylvia Thompson, Russell Dalba. Aprio, LLP waiver mailed on 4/14/2020, answer due 6/15/2020. (Sloan, Jeven) |
| Filing 54 WAIVER OF SERVICE Returned Executed by Lawson F. Thompson, Andrew Lechter, Kathryn Dalba, Sylvia Thompson, Russell Dalba. Robert Greenberger waiver mailed on 4/14/2020, answer due 6/15/2020. (Sloan, Jeven) |
| Filing 53 NOTICE of Appearance by Jennifer Peterson on behalf of Aprio, LLP, Robert Greenberger (Peterson, Jennifer) |
| Filing 52 NOTICE of Appearance by John Earl Floyd on behalf of Aprio, LLP, Robert Greenberger (Floyd, John) |
| Filing 51 NOTICE of Appearance by John H. Rains, IV on behalf of Aprio, LLP, Robert Greenberger (Rains, John) |
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Filing 50
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (adg) (ADI)
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| Filing 49 WAIVER OF SERVICE Returned Executed by Lawson F. Thompson, Andrew Lechter, Kathryn Dalba, Sylvia Thompson, Russell Dalba. Large & Gilbert, Inc. waiver mailed on 4/14/2020, answer due 6/15/2020. (Sloan, Jeven) |
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Filing 48
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (dgs) (ADI)
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| Set Deadlines/Hearings: Atlantic Coast Conservancy, Inc. answer due 6/13/2020; Robert D. Keller answer due 6/13/2020. (tmf) |
| Filing 47 WAIVER OF SERVICE of Summons by Atlantic Coast Conservancy, Inc., Robert D. Keller mailed 4/14/2020, Answers due 6/13/2020 (Attachments: #1 Waivers of Service of Summons)(Delaney, Colin) Modified on 4/27/2020 to edit event and text (tmf). |
| Filing 46 NOTICE of Voluntary Dismissal Without Prejudice of Claims Asserted Against Burr & Forman,LLP filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (McKenzie, John) |
| Clerk's Entry of Dismissal APPROVING #46 Notice of Voluntary Dismissal as to Defendant Burr & Forman, LLP pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (bnp) |
| Filing 45 NOTICE of Appearance by Gregory Keith Smith on behalf of Atlantic Coast Conservancy, Inc. and Robert D. Keller (Smith, Gregory) Modified on 4/15/2020 to add filer(bnp). |
| Filing 44 NOTICE of Appearance by Anthony Joseph Rollins on behalf of Atlantic Coast Conservancy, Inc. and Robert D. Keller (Rollins, Anthony) Modified on 4/15/2020 to add filer (bnp). |
| Filing 43 NOTICE of Appearance by Steven Anthony Vickery on behalf of Atlantic Coast Conservancy, Inc. and Robert D. Keller (Vickery, Steven) Modified on 4/15/2020 to add filer (bnp). |
| Filing 42 NOTICE of Appearance by Colin Dang Delaney on behalf of Atlantic Coast Conservancy, Inc. and Robert D. Keller (Delaney, Colin) Modified on 4/15/2020 to add filer(bnp). |
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ORDER, by docket entry only, granting #41 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 4/14/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #41 APPLICATION for Admission of Wilson Edward Wray, Jr. Pro Hac Vice.. Attorney Wilson Edward Wray, Jr. added appearing on behalf of Andrew Lechter (cdg) |
| Filing 41 APPLICATION for Admission of Wilson Edward Wray, Jr. Pro Hac Vice.by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Rappaport, Edward) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #33 APPLICATION for Admission of Wilson Edward Wray, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9566393). to attorney for correction regarding courts. (nmb) |
| Filing 40 CERTIFICATE of Compliance for John W. McKenzie (McKenzie, John) |
| Filing 39 CERTIFICATE of Compliance for Donna Lee (Lee, Donna) |
| Filing 38 CERTIFICATE of Compliance for Tyler M. Simpson (Simpson, Tyler) |
| Filing 37 CERTIFICATE of Compliance for Jeven R. Sloan (Sloan, Jeven) |
| Filing 36 CERTIFICATE of Compliance for Jim L. Flegle (Flegle, Jim) |
| Filing 35 CERTIFICATE of Compliance for W. Ralph Canada, Jr. (Canada, William) |
| Filing 34 CERTIFICATE of Compliance for David R. Deary (Deary, David) |
| Filing 33 APPLICATION for Admission of Wilson Edward Wray, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9566393).by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Rappaport, Edward) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 32 NOTICE of Appearance by John William McKenzie, III on behalf of Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (McKenzie, John) |
| Filing 31 NOTICE of Appearance by Jim L. Flegle on behalf of Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (Flegle, Jim) |
| Filing 30 NOTICE of Appearance by Donna Lee on behalf of Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (Lee, Donna) |
| Filing 29 NOTICE of Appearance by Tyler McLean Simpson on behalf of Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (Simpson, Tyler) |
| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of John McKenzie Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540076).. Attorney John William McKenzie added appearing on behalf of Andrew Lechter (nmb) |
| APPROVAL by Clerks Office re: #4 APPLICATION for Admission of David R. Deary Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9539817).. Attorney David R. Deary added appearing on behalf of Andrew Lechter (nmb) |
| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of William Ralph Canada, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540017).. Attorney William Ralph Canada, Jr. added appearing on behalf of Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (nmb) |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Jim L. Flegle Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540047).. Attorney Jim L. Flegle added appearing on behalf of Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson (nmb) |
| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Donna Lee Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540099).. Attorney Donna Lee added appearing on behalf of Andrew Lechter (nmb) |
| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Tyler Simpson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540140).. Attorney Tyler McLean Simpson added appearing on behalf of Andrew Lechter (nmb) |
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ORDER, by docket entry only, granting #4 , #5 , #6 , #7 , #8 , and #9 Applications for Admission Pro Hac Vice. By Judge Amy Totenberg on 4/3/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| Filing 28 Electronic Summons Issued as to All Defendants. (Attachments: #1 Atlantic Coast Conservancy, #2 Summons Baker Donelson, #3 Summons Burr & Forman, #4 Summons Clower Kirsch & Assoc, #5 Summons David C. Smith, #6 Summons Forever Forests, #7 Summons Georgia Alabama Land Trust, #8 Summons James Jowers, #9 Summons Jim R. Clower, #10 Summons Large & Gilbert, #11 Summons Nancy Zak, #12 Summons Robert D. Keller, #13 Summons Robert Greenberger, #14 Summons Sirote & Permutt, #15 Summons Smith Lewis & Haley, #16 Summons Tennille & Assoc)(bnp) |
| Filing 27 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Georgia-Alabama Land Trust, Inc. f/k/a Georgia Land Trust, Inc. (Sloan, Jeven) |
| Filing 26 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Robert D. Keller (Sloan, Jeven) |
| Filing 25 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Atlantic Coast Conservancy, Inc. (Sloan, Jeven) |
| Filing 24 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Tennille & Associates, Inc. (Sloan, Jeven) |
| Filing 23 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Jim R. Clower, Sr. (Sloan, Jeven) |
| Filing 22 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Clower Kirsch & Associates, LLC (Sloan, Jeven) |
| Filing 21 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Large & Gilbert, Inc. (Sloan, Jeven) |
| Filing 20 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to James Jowers (Sloan, Jeven) |
| Filing 19 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Nancy Zak (Sloan, Jeven) |
| Filing 18 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Forever Forests LLC (Sloan, Jeven) |
| Filing 17 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to David C. Smith (Sloan, Jeven) |
| Filing 16 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Smith, Lewis & Haley, LLP (Sloan, Jeven) |
| Filing 15 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (Sloan, Jeven) |
| Filing 14 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Burr & Forman, LLP (Sloan, Jeven) |
| Filing 13 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Sirote & Permutt, P.C. (Sloan, Jeven) |
| Filing 12 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Robert Greenberger (Sloan, Jeven) |
| Filing 11 PROPOSED SUMMONS filed by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson to Aprio, LLP f/k/a Habif, Arogeti & Wynne, LLP (Sloan, Jeven) |
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Filing 10
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (dgs) (ADI)
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| Filing 9 APPLICATION for Admission of Tyler Simpson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540140).by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Rappaport, Edward) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 8 APPLICATION for Admission of Donna Lee Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540099).by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Rappaport, Edward) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 7 APPLICATION for Admission of John McKenzie Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540076).by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Rappaport, Edward) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 6 APPLICATION for Admission of Jim L. Flegle Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540047).by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Rappaport, Edward) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 5 APPLICATION for Admission of William Ralph Canada, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9540017).by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Rappaport, Edward) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 4 APPLICATION for Admission of David R. Deary Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9539817).by Kathryn Dalba, Russell Dalba, Andrew Lechter, Lawson F. Thompson, Sylvia Thompson. (Rappaport, Edward) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 3
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG Signed by Judge Amy Totenberg on 3/30/2020. (jed)
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Filing 2
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (jap)
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| Filing 1 COMPLAINT with Jury Demand filed by Andrew Lechter, Sylvia Thompson, Lawson F. Thompson, Russell Dalba, and Kathryn Dalba. (Filing fee $400, receipt number AGANDC-9526647). (Attachments: #1 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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