DAKER v. ALSTON & BIRD LLP et al
| WASEEM DAKER |
| Alston & Bird LLP, WILLIAM CLAY MASSEY and PHILIP AARON SANDICK |
| 1:2020mi00170 |
| December 16, 2020 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Mandamus & Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 24
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. (aar)
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Filing 23
ORDER of FILING RESTRICTION Signed by Judge William M. Ray, II on 08/04/2020. (aar)
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| Filing 22 Case transferred in from District of District of Columbia; Case Number 1:20-cv-00965. Original file certified copy of transfer order and docket sheet received. |
| Submission of #23 Order Restricted Filer, to District Judge William M. Ray II. (aar) |
| Clerk's Certificate of Mailing as to Alston & Bird LLP, WASEEM DAKER, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK re #24 Order. (aar) |
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MINUTE ORDER denying Plaintiff's #21 Motion for Reconsideration. The court did consider Plaintiff's opposition to Defendants' motion to transfer after receiving it, but Plaintiff's arguments opposing transfer did not warrant revising the court's grant of Defendants' motion. See Minute Order, Nov. 30, 2020. Signed by Judge Amit P. Mehta on 12/11/2020. (lcapm3) [Transferred from District of Columbia on 12/16/2020.]
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| Filing 21 MOTION for Reconsideration re Order on Motion to Transfer Case, by WASEEM DAKER (eg) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 20 MOTION to Dismiss by ALSTON & BIRD LLP, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK (Attachments: #1 Memorandum in Support, #2 Exhibits)(eg) [Transferred from District of Columbia on 12/16/2020.] |
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MINUTE ORDER. The Clerk of Court shall docket the motion to dismiss, memorandum, and exhibits attached to ECF No. #19 . Plaintiff shall respond to the motion no later than 30 days after this matter is transferred and docketed in the transferee court, or on such other date as set by the transferee court. Signed by Judge Amit P. Mehta on 12/4/2020. (zjd) [Transferred from District of Columbia on 12/16/2020.]
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| Filing 19 STATUS REPORT by ALSTON & BIRD LLP, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK. (Attachments: #1 Motion to Dismiss, Supporting Memorandum, and Exhibits)(Levine, Jason) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 18 Response to Defendant's #12 Motion to Transfer filed by WASEEM DAKER. Filing approved by Judge Amit P. Mehta on 11/30/2020. (zjd) [Transferred from District of Columbia on 12/16/2020.] |
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MINUTE ORDER. The court has considered Plaintiff's #18 late-filed opposition to Defendants' Motion to Transfer, and no argument made by Plaintiff convinces the court to reverse its decision to transfer this matter. Plaintiff's primary argument that this court's docket is less congested than the Northern District of Georgia is not well taken, as relative docket congestion is but one factor for the court to consider, and it is not dispositive. The factors discussed in the court's Minute Order of November 19, 2020, warrant transfer of this matter to the Northern District of Georgia. Signed by Judge Amit P. Mehta on 11/30/2020. (lcapm3) [Transferred from District of Columbia on 12/16/2020.]
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| ENTERED IN ERROR.....Set/Reset Deadlines: Transfer due by 11/30/2020. (zjd) Modified on 12/2/2020 (zjd). [Transferred from District of Columbia on 12/16/2020.] |
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MINUTE ORDER granting Defendants' #12 Motion to Transfer to the United States District Court for the Northern District of Georgia. Plaintiff has not filed an opposition. Nevertheless, the court has considered the relevant private and public interest factors, and agrees with Defendants that transfer is warranted to the Northern District of Georgia in the interest of justice. 28 USC 1404(a). This matter has no meaningful connection to the District of Columbia. The events at issue occurred in the Northern District of Georgia, nearly all evidence will be found there, and Plaintiff's claims arise under Georgia law. Plaintiff's choice of this forum is afforded no deference as there is no factual nexus to this jurisdiction. Additionally, there is a strong interest in resolving this matter in the location where it occurred, and the Northern District of Georgia will have greater familiarity with Georgia law. Accordingly, this matter shall be transferred to the Northern District of Georgia. Signed by Judge Amit P. Mehta on 11/19/2020. (lcapm3) [Transferred from District of Columbia on 12/16/2020.]
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| Set/Reset Deadlines: Transfer due by 12/9/2020. (zjd) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALSTON & BIRD LLP served on 10/16/2020, answer due 11/6/2020 (eg) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 16 Summons Returned Unexecuted by WASEEM DAKER as to ALSTON & BIRD LLP. (eg) [Transferred from District of Columbia on 12/16/2020.] |
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Filing 15
ORDER granting Defendants' #13 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Complaint Pending Decision on Motion for Transfer. See attached Order for further details. Signed by Judge Amit P. Mehta on 10/28/2020. (lcapm3) [Transferred from District of Columbia on 12/16/2020.]
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| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint Pending Decision on Motion to Transfer (EMERGENCY) by ALSTON & BIRD LLP, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK (Attachments: #1 Text of Proposed Order)(Levine, Jason) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 12 MOTION to Transfer Case to the United States District Court for the Northern District of Georgia, with Memorandum of Law in Support by ALSTON & BIRD LLP, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK (Attachments: #1 Text of Proposed Order)(Levine, Jason) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 11 NOTICE of Appearance by Jason A. Levine on behalf of ALSTON & BIRD LLP, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK (Levine, Jason) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM CLAY MASSEY served on 10/16/2020, answer due 11/6/2020; PHILIP AARON SANDICK served on 10/20/2020, answer due 11/10/2020 (eg) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 10 NOTICE of Change of Address by WASEEM DAKER (eg) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 9 SUMMONS (6) Issued as to ALSTON & BIRD LLP - WASHINGTON, DC, LOS ANGELES, CA, SAN FRANCISCO, CA & PALO ALTO, CA LOCATIONS, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK. (zmd) [Transferred from District of Columbia on 12/16/2020.] |
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MINUTE ORDER denying as moot Fed. R. Civ. P. 59(e) Motion to Vacate July 14, 2020 Order and Judgment, ECF No. #8 . By minute order dated July 30, 2020, the court vacated the Order of Dismissal (ECF No. 3) and the Order to Show Cause (ECF No. 2) and granted Plaintiff an additional 60 days to complete service through the U.S. Marshal Service. Signed by Judge Amit P. Mehta on 08/14/2020. (lcapm3) [Transferred from District of Columbia on 12/16/2020.]
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Filing 8
MOTION to Vacate #3 Order by WASEEM DAKER. "Let this be filed." Signed by Judge Amit P. Mehta on 8/13/2020. (zjd) [Transferred from District of Columbia on 12/16/2020.]
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MINUTE ORDER. The court's Order of dismissal dated July 14, 2020, ECF No. 3, is hereby vacated. Plaintiff, who is pro se and incarcerated, filed a timely response to the court's Order to Show Cause, ECF No. 2, on July 5, 2020, ECF No. 4; Anyanwutaku v. Moore, 151 F.3d 1053, 1057 (D.C. Cir. 1998) (discussing "mailbox rule" for pro se prisoner filings). The court, however, did not receive that response until after the Order to Show Cause deadline had passed, and so dismissed the case without prejudice (prematurely, as it turns out). In light of Plaintiff's timely response, the court hereby vacates the dismissal Order, ECF No. #3 , and the Order to Show Cause, ECF No. #2 . Having shown good cause, Plaintiff's Motion for Extension of Time to Service Defendants, ECF No. #5 , is granted. Additionally, Plaintiff's Motion for Service by United States Marshal, ECF No. #6 , is granted. See Fed. R. Civ. P. 4(c)(3). The United States Marshal shall complete service within 60 days, if feasible, and shall notify the court if service cannot be completed within that time frame due to the coronavirus pandemic. Signed by Judge Amit P. Mehta on 07/30/2020. (lcapm3) [Transferred from District of Columbia on 12/16/2020.]
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| Filing 7 REQUEST FOR SUMMONS TO ISSUE filed by WASEEM DAKER. "Let this be filed." Signed by Judge Amit P. Mehta on 7/17/2020. (Attachment: #1 Summons)(zjd) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 6 MOTION for Service by United States Marshal by WASEEM DAKER. (zjd) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 5 MOTION for Extension of Time to Serve Defendants by WASEEM DAKER. "Let this be filed." Signed by Judge Amit P. Mehta on 7/17/2020. (zjd) [Transferred from District of Columbia on 12/16/2020.] |
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Filing 4
RESPONSE TO #2 ORDER TO SHOW CAUSE by WASEEM DAKER filed by WASEEM DAKER. "Let this be filed." Signed by Judge Amit P. Mehta on 7/17/2020. (zjd) [Transferred from District of Columbia on 12/16/2020.]
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Filing 3
VACATED PURSUANT TO MINUTE ORDER FILED 7/31/2020.....ORDER dismissing this action without prejudice for failure to effect service. See attached Order for further details. Signed by Judge Amit P. Mehta on 07/14/2020. (lcapm3) Modified on 7/31/2020 (zjd). [Transferred from District of Columbia on 12/16/2020.]
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| Set/Reset Deadlines: The due date to effectuate service upon party is 7/6/2020. Response to Show Cause due by 7/6/2020. (zjd) [Transferred from District of Columbia on 12/16/2020.] |
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Filing 2
VACATED PURSUANT TO MINUTE ORDER FILED 7/30/2020.....ORDER TO SHOW CAUSE why this matter should not be dismissed for failure to serve if Plaintiff does not serve on or before July 6, 2020. See attached Order for additional details. Signed by Judge Amit P. Mehta on 06/30/2020. (lcapm3) Modified on 7/31/2020 (zjd). [Transferred from District of Columbia on 12/16/2020.]
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| SUMMONS Not Issued as to ALSTON & BIRD LLP, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK (znmw) [Transferred from District of Columbia on 12/16/2020.] |
| Filing 1 COMPLAINT against ALSTON & BIRD LLP, WILLIAM CLAY MASSEY, PHILIP AARON SANDICK (Receipt Number 4616102888 Filing fee $ 400) filed by WASEEM DAKER. (Attachment: #1 Civil Cover Sheet)(eg) Modified on 4/15/2020 to add receipt number (eg). [Transferred from District of Columbia on 12/16/2020.] |
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