Walters et al v. Kemp et al
| Firearms Policy Coalition, Inc., Lisa Walters and Second Amendment Foundation |
| Gary Vowell, Brian Kemp, The County of Cherokee, Georgia and Keith Wood |
| 1:2020cv01624 |
| April 16, 2020 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Steve C Jones |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 2, 2020. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (rjs) |
| Clerk's Entry of Dismissal APPROVING #62 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i). (rjs) |
| Filing 62 NOTICE of Voluntary Dismissal filed by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters (Attachments: #1 Exhibit Letter from Defense Counsel, #2 Exhibit Proposed Motion for Sanctions)(Monroe, John) |
Filing 61
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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| Clerk's Entry of Dismissal APPROVING #58 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) as to The County of Cherokee, Georgia only. (rjs) |
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Filing 60
ORDER granting #59 Motion for Extension of Time. Plaintiffs shall have until June 8, 2020, to respond to all motions to dismiss that have been filed to date. Signed by Judge Steve C. Jones on 5/18/2020. (rjs)
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| Filing 59 MOTION for Extension of Time Respond to All Motions to Dismiss re: #29 MOTION to Dismiss , #57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #56 Second MOTION to Dismiss , #27 MOTION to Dismiss by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Attachments: #1 Text of Proposed Order)(Monroe, John) |
| Filing 58 NOTICE of Voluntary Dismissal of Defendant County of Cherokee filed by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters (Monroe, John) |
| Filing 57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Brian Kemp, Gary Vowell. (Attachments: #1 Brief)(Correia, Cristina) Modified on 5/15/2020 (rjs). |
| Filing 56 Second MOTION to Dismiss with Brief In Support by The County of Cherokee, Georgia, Keith Wood. (Attachments: #1 Brief in Support, #2 Affidavit of Judge Keith Wood)(Jaugstetter, Patrick) |
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DOCKET ORDER granting #54 Motion for Leave to File Excess Pages Brian Kemp, Gary Vowell. Any future such motions must be accompanied by a proposed order. Entered by Judge Steve C. Jones on 5/13/2020. (pdw)
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| Filing 55 Mail sent to Attorney Erik Scott Jaffe, #39 Order on Application for Admission PHV, returned not deliverable. Marked: Return to sender. (aaq) |
| Filing 54 MOTION for Leave to File Excess Pages by Brian Kemp, Gary Vowell. (Correia, Cristina) |
| Filing 52 USCA Acknowledgment of #42 Notice of Appealfiled by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. Case Appealed to USCA - 11th Circuit. USCA Case Number 20-11716-A. (kac) |
| Filing 53 Mail sent to Raymond DiGuiseppe returned not deliverable RE: #17 Order. Marked: Return to sender, no deliverable as addressed, unable to forward. (aaq) |
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Filing 51
ORDER: Plaintiffs' #43 Motion for Injunction Pending Appeal is DENIED for the same reasons its Motion for Preliminary Injunction was denied, as outlined in the Court's Order at Doc. No. #41 . Signed by Judge Steve C. Jones on 5/7/2020. (rjs)
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Filing 50
ORDER: After considering both briefs, the County Defendants' Objections (Doc. No. #34 ) are OVERRULED. The Court admitted the exhibits into evidence and took them into consideration in deciding Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Steve C. Jones on 5/7/2020. (rjs)
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| Filing 49 RESPONSE in Opposition re #46 MOTION for Extension of Time Respond to Defendants Cherokee County and Keith Wood Motions to Dismiss re: #29 MOTION to Dismiss , #27 MOTION to Dismiss filed by The County of Cherokee, Georgia, Keith Wood. (Jaugstetter, Patrick) |
| Filing 48 RESPONSE in Opposition re #43 MOTION filed by The County of Cherokee, Georgia, Keith Wood. (Jaugstetter, Patrick) |
| Filing 47 RESPONSE in Opposition re #43 MOTION filed by Brian Kemp, Gary Vowell. (Correia, Cristina) |
| Filing 46 MOTION for Extension of Time Respond to Defendants Cherokee County and Keith Wood Motions to Dismiss re: #29 MOTION to Dismiss , #27 MOTION to Dismiss by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Monroe, John) |
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DOCKET ORDER granting #46 Plaintiffs' Motion for Extension of Time to respond to #29 MOTION to Dismiss and #27 MOTION to Dismiss to and including June 8, 2020. Any future such motions should be accompanied by a proposed order. Entered by Judge Steve C. Jones on 5/7/2020. (pdw)
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| Filing 45 Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re: #42 Notice of Appeal. (kac) |
| Filing 44 USCA Appeal Transmission Letter to 11th Circuit re: #42 Notice of Appeal filed by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (kac) |
| Filing 43 MOTION for Injunction Pending Appeal by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Monroe, John) Modified on 5/7/2020 (rjs). |
| Filing 42 NOTICE OF APPEAL as to #41 Order on Motion for Preliminary Injunction, by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. Filing fee $ 505, receipt number AGANDC-9669872. Transcript Order Form due on 5/20/2020 (Monroe, John) |
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DOCKET ORDER: After review, the Court deems it proper to order expedited briefing for Plaintiffs' Motion for Injunction Pending Appeal (Doc. No. #43 ). To this regard, if Defendants desire to file a response to the pending motion (at Doc. No. #43 ), they shall do so by 10:00 A.M., Thursday, May 7, 2020. Ordered by Judge Steve C. Jones on 5/6/2020 and entered as directed by Chambers. (rjs)
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Filing 41
ORDER: The Court concludes that Plaintiffs lack standing to seek the requested relief against the State Defendants and Cherokee County and have not shown that they are entitled to a preliminary injunction against Judge Wood. Plaintiffs' #2 Motion for Preliminary Injunction is DENIED. Signed by Judge Steve C. Jones on 5/5/2020. (rjs)
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Filing 40
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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Filing 39
ORDER granting #20 Application for Admission Pro Hac Vice Erik Scott Jaffe for plaintiffs. Signed by Judge Steve C. Jones on 4/30/2020. 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.(bdb)
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| Clerk's Certificate of Mailing as to Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters re #39 Order on Application for Admission PHV, to Erik Scott Jaffe. (bdb) |
| Filing 38 Post-Hearing Brief re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Monroe, John) Modified on 4/30/2020 (rjs). |
| Filing 37 NOTICE Of Filing Post-hearing Brief by The County of Cherokee, Georgia, Keith Wood (Jaugstetter, Patrick) |
| Filing 36 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Brian Kemp, Gary Vowell. (Correia, Cristina) |
| Filing 35 TRANSCRIPT of the Video-Conference Hearing Proceedings held on April 27, 2020, before Judge Steve C. Jones. Court Reporter/Transcriber David A. Ritchie. 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 5/19/2020. Redacted Transcript Deadline set for 5/29/2020. Release of Transcript Restriction set for 7/27/2020. (Attachments: #1 Notice of Filing of Official Transcript) (kac) |
| Filing 34 NOTICE Of Filing Objections to Evidence by The County of Cherokee, Georgia, Keith Wood re #30 Notice of Filing (Attachments: #1 Exhibit Declaration of Keith Wood)(Jaugstetter, Patrick) |
| Filing 33 Brief re Exhibits for Motion Hearing filed by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Monroe, John) Modified on 4/29/2020 (rjs). |
| APPROVAL by Clerks Office re: #20 APPLICATION for Admission of Erik Jaffe Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9623549).. Attorney Erik Scott Jaffe added appearing on behalf of Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters (cdg) |
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Filing 32
ORDER - IT IS HEREBY ORDERED that a transcript of the hearing by video-conference on Plaintiffs' Motion for Preliminary Injunction held before the undersigned on April 27, 2020 be prepared for the Court's consideration and for public reference. The cost of said transcript shall be divided equally between the parties. Signed by Judge Steve C. Jones on 4/27/2020. (tcc)
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| Filing 31 Minute Entry for proceedings held before Judge Steve C. Jones: Evidentiary Hearing held via video-conference on 4/27/2020. Counsel for Plaintiffs verbally WITHDREW the Motion for TRO [2-1]; hearing proceeded as to Plaintiffs' Motion for Preliminary Injunction. Oral argument heard. Plaintiffs' Exhibits 1-16 admitted over objections(exhibits previously filed at doc. #30 .) The Court granted Defendants leave to file any objections regarding the filing of Plaintiffs' exhibits by 1:00 PM on 4/28/2020. Counsel for Plaintiffs may also file a statement. All parties were directed to file any post-hearing briefs (no longer than 25 pages) by 5:00 PM on 4/29/2020. The matter was taken under advisement by the Court, with order to follow. (Court Reporter David Ritchie)(tcc) |
| Notification of Docket Correction re #23 Return of Service Executed and #24 Return of Service Executed. Edited docket text to reflect attached PDF. (kt) |
| Filing 30 NOTICE Of Filing Exhibits for Hearing by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction (Attachments: #1 Exhibit Exh 1 Exec Order, #2 Exhibit Exh 2 Exec Order, #3 Exhibit Exh 3 Decl of Jud Emer, #4 Exhibit Exh 4 PJC Info Sheet, #5 Exhibit Exh 5 Exec Order, #6 Exhibit Exh 6 Ext of Jud Emer, #7 Exhibit Exh 7 Decl of John Monroe, #8 Exhibit Exh 8 Def Wood Web Site, #9 Exhibit Exh 9 Letter from CJ Melton, #10 Exhibit Exh 10 Def Wood Web Site, #11 Exhibit Exh 11 PJC Memo, #12 Exhibit Exh 12 Art on Marriage Licenses, #13 Exhibit Exh 13 Decl of Lisa Walters, #14 Exhibit Exh 14 Decl of Mark Walters, #15 Exhibit Exh 15 Decl of Brandon Combs, #16 Exhibit Exh 16 Decl of George Mocsary)(Monroe, John) |
| Filing 29 MOTION to Dismiss with Brief In Support by Keith Wood. (Attachments: #1 Brief in Support)(Jaugstetter, Patrick) |
| Filing 28 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by The County of Cherokee, Georgia, Keith Wood. (Attachments: #1 Affidavit of Judge Keith Woood, #2 Exhibit 1 - Delaration of Public Health State of Emergency, #3 Exhibit 2 - Order Declaring Statewide Judicial Emergency, #4 Exhibit 3 - Order Extending Declaration of Statewide Judicial Emergency, #5 Exhibit 4 - JQC Statement, #6 Exhibit 5 - CPJ Memorandum, #7 Exhibit 6 - CDC Guidelines, #8 Exhibit 7 - SIP - Governor's Executive Order)(Jaugstetter, Patrick) |
| Filing 27 MOTION to Dismiss with Brief In Support by The County of Cherokee, Georgia. (Attachments: #1 Brief in Support)(Jaugstetter, Patrick) |
| Filing 26 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Brian Kemp, Gary Vowell. (Attachments: #1 Exhibit 1-Declaration of Sgt. Gary Langford)(Davidson, Meghan) |
| Filing 25 NOTICE Of Filing by The County of Cherokee, Georgia, Keith Wood Exhibit List (Attachments: #1 Affidavit Affidavit of Judge Keith Wood)(Jaugstetter, Patrick) |
| Filing 24 Return of Service Executed by Lisa Walters, Second Amendment Foundation, Firearms Policy Coalition, Inc. Brian Kemp served on 4/23/2020, answer due 5/14/2020. (Monroe, John) Modified on 4/27/2020 (kt). |
| Filing 23 Return of Service Executed by Lisa Walters, Second Amendment Foundation, Firearms Policy Coalition, Inc. Gary Vowell served on 4/24/2020, answer due 5/15/2020. (Monroe, John) Modified on 4/27/2020 (kt). |
| NOTICE OF VIDEO PROCEEDING re: #2 Plaintiffs' MOTION for Temporary Restraining Order. Motion Hearing set for 4/27/2020 at 10:30 AM before Judge Steve C. Jones. This proceeding will be locked to new participants at 10:40 AM. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1606178877 Meeting ID: 160 617 8877 Password: 663229. You must follow the instructions of the Court for remote proceedings available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (pdw) |
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Filing 22
ORDER granting #21 Motion for Leave to File Excess Pages and Defendants Governor Kemp and Colonel Gary Vowell may file a Response to Plaintiffs' Motion for Temporary Restraining Order or Preliminary Injunction that does not exceed 38 pages. Signed by Judge Steve C. Jones on 4/23/2020. (rjs)
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| Filing 21 MOTION for Leave to File Excess Pages by Brian Kemp, Gary Vowell. (Attachments: #1 Text of Proposed Order)(Davidson, Meghan) |
| Filing 20 APPLICATION for Admission of Erik Jaffe Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9623549).by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Monroe, John) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 19 NOTICE of Appearance by Andrew Alan Pinson on behalf of Brian Kemp, Gary Vowell (Pinson, Andrew) |
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Filing 18
ORDER granting #8 Application for Admission Pro Hac Vice for Adam Kraut. Signed by Judge Steve C. Jones on 4/22/2020. 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.(rjs)
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Filing 17
ORDER granting #7 Application for Admission Pro Hac Vice for Raymond DiGuiseppe. Signed by Judge Steve C. Jones on 4/22/2020. 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.(rjs)
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| Filing 16 NOTICE of Appearance by Angela E. Davis on behalf of The County of Cherokee, Georgia, Keith Wood (Davis, Angela) |
| Clerk's Certificate of Mailing to Raymond DiGuiseppe re #17 Order on Application for Admission PHV. (rjs) |
| Clerk's Certificate of Mailing to Adam Kraut re #18 Order on Application for Admission PHV. (rjs) |
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Filing 15
ORDER: The Court will hold an evidentiary hearing on Monday, April 27, 2020 at 10:30 a.m. via videoconference. Counsel will receive an email from the Court with an invitation to the meeting and instructions on how to join the videoconference. Plaintiffs shall also serve a copy of the Complaint, Motion (at Doc. No. #2 ), and this Order on the Attorney General of the State of Georgia in his capacity as the chief law enforcement officer and lawyer for the state. Defendants are ORDERED to file any response briefs to Plaintiffs' Motion no later than Friday, April 24, 2020 at 3:00 p.m. The Court also asks that the parties file any exhibits to the docket using CM/ECF's "Notice" function before Monday's hearing. Any exhibits should be marked and numbered before filing. Signed by Judge Steve C. Jones on 4/21/2020. (rjs)
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| Filing 14 NOTICE of Appearance by Patrick D. Jaugstetter on behalf of The County of Cherokee, Georgia, Keith Wood (Jaugstetter, Patrick) |
| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Adam Kraut Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9603443).. Attorney Adam Kraut added appearing on behalf of Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters (nmb) |
| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Raymond DiGuiseppe Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9601617).. Attorney Raymond DiGuiseppe added appearing on behalf of Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters (nmb) |
| Filing 13 NOTICE of Appearance by Meghan Robson Davidson on behalf of Brian Kemp, Gary Vowell (Davidson, Meghan) |
| Filing 12 ACKNOWLEDGMENT OF SERVICE Executed filed by Keith Wood, The County of Cherokee, Georgia. Keith Wood served on 4/20/2020; The County of Cherokee, Georgia served on 4/20/2020. (Jaugstetter, Patrick) |
| Filing 11 NOTICE of Appearance by Tina M. Piper on behalf of Brian Kemp, Gary Vowell (Piper, Tina) |
| Filing 10 NOTICE of Appearance by Cristina Correia on behalf of Brian Kemp, Gary Vowell (Correia, Cristina) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Judge Steve C. Jones for all further proceedings. Judge J. P. Boulee no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:20-cv-01624-SCJ. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr. on 4/17/2020. (tcc)
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| Filing 8 APPLICATION for Admission of Adam Kraut Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9603443).by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Monroe, John) Documents for this entry are not available for viewing outside the courthouse. |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction, to District Judge Steve C. Jones. (tcc) |
| Filing 7 APPLICATION for Admission of Raymond DiGuiseppe Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9601617).by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Monroe, John) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 6
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 4/16/20. (bnw)
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Filing 5
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 3/30/2020. (bdb)
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| Filing 4 Electronic Summons Issued as to Brian Kemp, The County of Cherokee, Georgia through Harry Johnson, Chairman of Board of Commissioners, Gary Vowell, Keith Wood. (Attachments: #1 Vowell, #2 Johnson, #3 Wood)(bdb) |
| Filing 3 Corporate Disclosure Statement by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters.(bdb) |
| Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, and/or, in the Alternative, Issuance of a Preliminary Injunction with Brief In Support by Firearms Policy Coalition, Inc., Second Amendment Foundation, Lisa Walters. (Attachments: #1 Brief In Support, #2 Declaration of Brandon Combs, #3 Declaration of George Mocsary, #4 Declaration of Alan Gottlieb, #5 Declaration of Lisa Walters, #6 Declaration of Mark Walters)(bdb) |
| Filing 1 TRO COMPLAINT filed by Lisa Walters, Second Amendment Foundation, Firearms Policy Coalition, Inc. (Filing fee $400, receipt number AGANDC-9599140) (Attachments: #1 Civil Cover Sheet)(bdb) 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. |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge J. P. Boulee. (bdb) |
| Clerks Notation re #3 Corporate Disclosure Statement APPROVED by JPB. (bnw) |
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