Robertson v. Warnock et al
| Melvin Robertson |
| Sonny Perdue, Paul Guerrucci, Steven C. Jones, Shirley Franklin, Jane Doe, Thurbert Baker, Shelly Doe, Robb Pitts, Erika Shields, Wayne Doe, Keisha Lance Bottoms, William Pate, Charles A. Pannell, Jr., Rev. Raphael G. Warnock, Keith E. Gammage, Kasim Reed, Theodore Jackson, Felicia Moore, James Eddie Williams, George N. Turner, Former Chief Police Robinson Clayton, Ebenezer West Baptist Church, Ebenezer Baptist Church and Governor Brian P. Kemp |
| 1:2021cv01468 |
| April 13, 2021 |
| US District Court for the Northern District of Georgia |
| Timothy C Batten |
| Clay D Land |
| Amy Totenberg |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.
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Filing 68
ORDER denying Plaintiff's #66 Motion to Correct Plaintiff's Amended Complaint. Signed by District Judge Clay D Land on 3/22/2022. (bgt)
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| Filing 67 CERTIFICATE OF SERVICE re #66 MOTION to Correct Plaintiff's Amended Complaint filed by Melvin Robertson. (lwb) |
| Clerk's Certificate of Mailing as to Melvin Robertson re #68 Order. (bgt) |
| Filing 66 MOTION to Correct Plaintiff's Amended Complaint by Melvin Robertson. (ddm) |
| Filing 65 USCA Clerk's Entry of Dismissal for Want of Prosecution: Pursuant to the 11th Cir. R. 42-2(c), #59 Notice of Appeal is hereby DISMISSED for want of prosecution because the appellant Melvin Robertson has failed to file an appellant's brief within the time fixed by the rules. Case Appealed to USCA- 11th Circuit. Case Number 21-14481-J. (pjm) |
| Filing 64 NOTICE of Change of Address for Melvin Robertson (rlh) |
| Filing 63 USCA Acknowledgment of #59 Notice of Appeal filed by Melvin Robertson. Case Appealed to USCA- 11th Circuit. Case Number 21-14481-J. (pjm) |
| Appeal Fee Payment Received re: #59 Notice of Appeal. $ 505.00, receipt number GAN100135164. (pjm) |
| Filing 62 Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Order and Docket Sheet to US Court of Appeals re: #59 Notice of Appeal. (kac) |
| Filing 61 USCA Appeal Transmission Letter to 11th Circuit re: #59 Notice of Appeal filed by Melvin Robertson. (kac) |
| Filing 60 NOTICE Of Filing Appeal Fee Letter by Melvin Robertson re: #59 Notice of Appeal. (kac) |
| Filing 59 NOTICE OF APPEAL as to #58 Clerk's Judgment, #57 Order to Dismiss by Melvin Robertson. (kac) |
| Filing 58 CLERK'S JUDGMENT. This action having come before the court, the Honorable Clay D. Land, United States District Judge, for consideration, it is Ordered and Adjudged that the action be DISMISSED WITHOUT PREJUDICE for failure to comply with the Court's order. (bgt) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 57
ORDER. Melvin Robertson filed an improper shotgun pleading against 24 Defendants. The Court ordered Robertson to submit an amended complaint pursuant to the Court's instructions by November 29, 2021 or face dismissal of this action. See Order (Oct. 21, 2021), ECF No. #46 . Instead of submitting an amended complaint by the Court's deadline, Robertson filed a motion for reconsideration and a motion to stay discovery requirements. Because Robertson failed to comply with this Court's Order, his complaint is dismissed without prejudice. Signed by District Judge Clay D Land on 12/7/2021. (bgt)
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| Clerk's Certificate of Mailing as to Melvin Robertson re #57 Order and #58 Judgment. (bgt) |
| Civil Case Terminated. (bgt) |
| Filing 56 RESPONSE re #48 MOTION for Reconsideration, #47 MOTION for Reconsideration, #54 MOTION TO ADOPT AND JOIN DEFENDANTS BOTTOMS AND MOORE'S RESPONSE IN OPPOSITION TO PLAINTIFF'S OBJECTION AND MOTION FOR RECONSIDERATION #52 Response in Opposition to Motion for Reconsideration filed by Keith E. Gammage, Theodore Jackson, Robb Pitts. (Rosenberg, Steven) |
| Filing 55 RESPONSE in Opposition re #48 MOTION for Reconsideration, #47 MOTION for Reconsideration filed by Raphael G. Warnock. (Sparks, Adam) |
| Filing 54 MOTION TO ADOPT AND JOIN DEFENDANTS BOTTOMS AND MOORE'S RESPONSE IN OPPOSITION TO PLAINTIFF'S OBJECTION AND MOTION FOR RECONSIDERATION #52 Response in Opposition to Motion by Thurbert Baker, Paul Guerrucci, Brian P. Kemp. (Champlin, James) |
| Filing 53 RESPONSE re #48 MOTION for Reconsideration, #47 MOTION for Reconsideration, #50 MOTION for Extension of Time to Complete Discovery filed by Steven C. Jones, Charles A. Pannell, Jr. (Beranek, Lori) |
| Filing 52 RESPONSE in Opposition re #48 MOTION for Reconsideration, #47 MOTION for Reconsideration filed by Keisha Lance Bottoms, Felicia Moore. (O'Neal, Jacob) |
| Filing 51 CERTIFICATE OF SERVICE filed by Melvin Robertson (rlh) |
| Filing 50 MOTION for Extension of Time R 26.2 Discovery to Plaintiff Right to Discovery Violated Interfere Ground by Melvin Robertson. (rlh) |
| Filing 49 CERTIFICATE OF SERVICE regarding Plaintiff's Objection to Judge Land's Order filed by Melvin Robertson (bgt) |
| Filing 48 Amended OBJECTION and MOTION for Reconsideration by Melvin Robertson. (bgt) |
| Filing 47 OBJECTION and MOTION for Reconsideration by Melvin Robertson. (bgt) |
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Filing 46
ORDER. Robertson is directed to file an amended complaint by November 29, 2021. This amended complaint must comply with this Court's instructions, as set forth above. Robertson must also provide proof of service for Defendants and/or an excuse for failure to effect diligent service by November 29, 2021. If Robertson fails to comply with today's order, his complaint shall be subject to dismissal. Defendants need not renew their motions to dismiss at this time. The Court will consider them in light of any amended complaint filed by Robertson. If the Court determines that Robertson's future amended complaint cures the shotgun pleading deficiencies and if the Court cannot clearly determine whether the amended complaint should be dismissed on other grounds, Defendants will be given an opportunity to file motions to dismiss any amended complaint if appropriate. Signed by District Judge Clay D Land on 10/21/2021. (bgt)
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| Clerk's Certificate of Mailing as to Melvin Robertson re #46 Order. (bgt) |
| Clerk's Certificate of Mailing as to Melvin Robertson re 9/13/2021 Order (by docket entry only). (bgt) |
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ORDER (by docket entry only) granting attorney Elisabeth Carmel Frost's #45 Application to Appear Pro Hac Vice. Ordered by District Judge Clay D Land on 9/13/2021. 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. (bgt)
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| APPROVAL by Clerks Office re: #45 APPLICATION for Admission of Elisabeth Carmel Frost Pro Hac Vice.. Attorney Elisabeth Carmel Frost added appearing on behalf of Raphael G. Warnock (nmb) |
| Filing 45 APPLICATION for Admission of Elisabeth Carmel Frost Pro Hac Vice.by Raphael G. Warnock. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #44 APPLICATION for Admission of Elisabeth Carmel Frost Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11241403). to attorney for correction. (cdg) |
| Filing 44 APPLICATION for Admission of Elisabeth Carmel Frost Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11241403).by Raphael G. Warnock. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 43 NOTICE by Raphael G. Warnock Notice of Substitution of Counsel (Sparks, Adam) |
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Filing 42
ORDER denying #2 Motion to Appoint Counsel. Signed by District Judge Clay D Land on 9/2/2021. (ah)
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| Clerk's Certificate of Mailing as to Melvin Robertson re #42 Order on Motion to Appoint Counsel. (ah) |
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Filing 41
ORDER granting the #14 and #33 Motions to Stay. The case is stayed until the Court has ruled on the pending motions to dismiss. Signed by District Judge Clay D Land on 9/1/2021. (ah)
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| Clerk's Certificate of Mailing as to Melvin Robertson re Case Reassigned, #40 Order. (rvb) |
| Clerk's Certificate of Mailing as to Melvin Robertson re #41 Order on Motion to Stay. (ah) |
| Filing 39 NOTICE of Appearance by R. David Ware on behalf of Keisha Lance Bottoms, Felicia Moore, Erika Shields (Ware, R.) |
| Filing 38 MOTION to Dismiss Amended Complaint by Steven C. Jones, Charles A. Pannell, Jr. (Attachments: #1 Memorandum In Support of Motion to Dismiss Amended Complaint)(Beranek, Lori) |
| Clerk's Certificate of Mailing as to Melvin Robertson re #37 Order of Recusal. (dmb) |
| Submission of #18 MOTION to Court re information needed to serve deputy clerk a summon and complaint, #33 MOTION to Stay , #7 MOTION for Hearing, #12 MOTION to Reconciliation the plaintiff Motion Appointment of Counse, #14 MOTION to Stay Discovery and Discovery-Related Proceedings of Defendants Kemp and Guerrucci, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #32 MOTION to Dismiss , #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #2 MOTION to Appoint Counsel, #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Clay D Land. (rvb) |
| Filing 40 The Honorable Clay D. Land, United States District Court, Middle District of Georgia, has been designated and assigned by the Chief Judge of the Eleventh Circuit Court of Appeals, the Honorable William H. Pryor, Jr., to perform all of the duties of district judge in the United States District Court for the Northern District of Georgia in the case Robertson v. Warnock, et al., Case No. 1:21-cv-1468 including any matters on remand if there should be an appeal and remand. (rvb) |
| Case Reassigned to District Judge Clay D Land. Judge Unassigned 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 1:21-cv-1468-CDL. Please make note of this change in order to facilitate the docketing of pleadings in this case. (rvb) |
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Filing 37
ORDER OF RECUSAL. Judge Timothy C. Batten, Sr. and all other Magistrate and District Judges of the Northern District of Georgia are recused. Case reassigned to Judge Unassigned for all further proceedings. The chief judge of the United States Court of Appeals for the Eleventh Circuit is requested to designate a judge from outside of the Northern District of Georgia to preside over this case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-1468-UNA. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Timothy C. Batten, Sr. on 8/27/2021. (dmb)
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| Submission of #32 MOTION to Dismiss , #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #33 MOTION to Stay to District Judge Timothy C. Batten Sr. (dmb) |
| MINUTE ORDER granting John Michael Geise's #35 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. 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.(usw) |
| APPROVAL by Clerks Office re: #35 APPLICATION for Admission of John Michael Geise Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11157675). Attorney John Michael Geise added appearing on behalf of Raphael G. Warnock (cdg) |
| Filing 36 Notice for Leave of Absence for the following date(s): August 17-18, 2021; October 22-25, 2021; November 22-26, 2021; December 23-31, 2021, by Adam Martin Sparks. (Sparks, Adam) |
| Filing 35 APPLICATION for Admission of John Michael Geise Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11157675). with Brief In Support by Raphael G. Warnock. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Raphael G. Warnock. (Sparks, Adam) |
| Filing 33 MOTION to Stay with Brief In Support by Thurbert Baker. (Attachments: #1 Brief IN SUPPORT OF HIS MOTION TO STAY DISCOVERY AND DISOVERY-RELATED PROCEEDINGS)(Champlin, James) |
| Filing 32 MOTION to Dismiss with Brief In Support by Thurbert Baker. (Attachments: #1 Brief IN SUPPORT OF HIS MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT)(Champlin, James) |
| Filing 31 NOTICE of Appearance by James Charles Champlin, IV on behalf of Thurbert Baker, Paul Guerrucci, Brian P. Kemp (Champlin, James) |
| Filing 30 Return of Service Executed by Melvin Robertson. Charles A. Pannell, Jr. served on 7/9/2021, answer due 9/7/2021. (tcc) |
| Filing 29 Return of Service Executed by Melvin Robertson. Raphael G. Warnock served on 7/13/2021, answer due 9/13/2021. (tcc) |
| Filing 28 Summons Issued as to Ebenezer West Baptist Church. (tcc) |
| Filing 27 Summons Issued as to Ebenezer Baptist Church. (tcc) |
| Filing 26 Summons Issued as to Shirley Franklin. (tcc) |
| Submission of #18 MOTION to Court re information needed to serve deputy clerk a summon and complaint to District Judge Timothy C. Batten Sr. (dmb) |
| Submission of #14 MOTION to Stay Discovery and Discovery-Related Proceedings of Defendants Kemp and Guerrucci, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Timothy C. Batten Sr.. (dmb) |
| Filing 25 Amended Initial Disclosures by Melvin Robertson.(tcc) |
| Filing 24 Notice for Leave of Absence for the following date(s): Aug 12-24, Nov 20-28, 2021, by William K. Scott. (Attachments: #1 Text of Proposed Order)(Scott, William) |
| Filing 23 Summons Issued as to Steven C. Jones. (tcc) |
| Filing 22 Summons Issued as to Charles A. Pannell, Jr.. (tcc) |
| Filing 21 Summons Issued as to Kasim Reed. (tcc) |
| Filing 20 Summons Issued as to Thurbert Baker. (tcc) |
| Filing 19 Summons Issued as to Raphael G. Warnock. (tcc) |
| Submission of #12 MOTION to Reconciliation the plaintiff Motion Appointment of Counse to District Judge Timothy C. Batten Sr. (dmb) |
| Filing 18 MOTION to Court for access to deputy clerk's employment record for information needed to serve deputy clerk a summon and complaint by Melvin Robertson. (tcc) |
| Filing 17 Initial Disclosures by Melvin Robertson.(tcc) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Keisha Lance Bottoms, Felicia Moore. (Attachments: #1 Brief in Support of Bottoms and Moore MTD)(O'Neal, Jacob) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Keith E. Gammage, Theodore Jackson, Robb Pitts. (Attachments: #1 Brief)(Scott, William) |
| Filing 14 MOTION to Stay Discovery and Discovery-Related Proceedings of Defendants Kemp and Guerrucci with Brief In Support by Paul Guerrucci, Brian P. Kemp. (Attachments: #1 Brief in Support of Motion to Stay Discovery and Discover-Related Proceedings of Defendants Kemp and Guerrucci)(Gore, Deborah) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Paul Guerrucci, Brian P. Kemp. (Attachments: #1 Brief of Defendants Brian Kemp and Paul Guerrucci in Support of Their Motion to Dismiss Plaintif's Amended Complaint)(Gore, Deborah) |
| Filing 12 MOTION to Reconciliation the plaintiff Motion Appointment of Counsel by Melvin Robertson. (tcc) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Felicia Moore. Felicia Moore waiver mailed on 4/22/2021, answer due 6/21/2021. (O'Neal, Jacob) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Keisha Lance Bottoms. Keisha Lance Bottoms waiver mailed on 4/22/2021, answer due 6/21/2021. (O'Neal, Jacob) |
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Filing 9
ORDER denying #8 Motion to the Clerk of Court the Plaintiff Has Serve AO 399 (01/09) Waiver of the Service Summons These Defendants. Signed by Judge Timothy C. Batten, Sr. on 5/20/2021. (dmb)
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| Clerk's Certificate of Mailing as to Melvin Robertson re #9 Order on Motion for Miscellaneous Relief. (dmb) |
| Submission of #7 MOTION for Hearing to District Judge Timothy C. Batten Sr. (dmb) |
| Submission of #2 MOTION to Appoint Counsel to District Judge Timothy C. Batten Sr. (dmb) |
| Filing 8 PRO SE MOTION to the Clerk of Court the Plaintiff Has Serve AO 399 (01/09) Waiver of the Service Summons These Defendants by Melvin Robertson. (tcc) |
| Filing 7 PRO SE EMERGENCY MOTION for Hearing by Melvin Robertson. (tcc) |
| Filing 6 AMENDED COMPLAINT against All Defendants with Jury Demand filed by Melvin Robertson.(tmf) 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. |
| Clerk's Certificate of Mailing as to Melvin Robertson re #5 Order of Recusal,. (rlb) |
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Filing 5
ORDER OF RECUSAL. Judge Amy Totenberg recused. Case reassigned to Judge Timothy C. Batten, Sr. for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-1468-TCB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Amy Totenberg on 4/15/21. (rlb)
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Filing 4
ORDER OF RECUSAL. Judge Steve C. Jones recused. Case reassigned to Judge Amy Totenberg for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-01468-AT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Steve C. Jones on 4/14/2021. (rjc)
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Filing 3
ELEVENTH 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 3/9/21. (eop)
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| Clerk's Certificate of Mailing as to Melvin Robertson re #3 Order. (eop) |
| Clerk's Certificate of Mailing as to Melvin Robertson re #4 Order of Recusal. (rjc) |
| Filing 2 MOTION to Appoint Counsel by Melvin Robertson. (eop) |
| Filing 1 COMPLAINT with Jury Demand filed by Melvin Robertson. (Filing fee $402.00, receipt number GAN100129154) (Attachments: #1 Civil Cover Sheet, #2 Exhibit - Receipt)(eop) 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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