Medina v. Georgia Department of Human Services, Division of Family and Children Services et al
Plaintiff: Melinco Medina
Defendant: Georgia Department of Human Services, Division of Family and Children Services and Fictitious Parties A and B
Case Number: 1:2021cv03077
Filed: July 30, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Michael L Brown
Referring Judge: Regina D Cannon
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2021 Submission of #3 MOTION to Dismiss Plaintiff's Complaint in Lieu of An Answer, #6 REPORT AND RECOMMENDATION re #3 MOTION to Dismiss Plaintiff's Complaint in Lieu of An Answer filed by Fictitious Parties A and B, Georgia Department of Human Services, Division of Family and Children Services, to District Judge Michael L. Brown. (tmf)
September 27, 2021 Opinion or Order Filing 15 ORDER granting #14 Motion for Extension of Time. Plaintiff shall have through October 19, 2021 to file a response to GDHS's Motion to Dismiss, (Doc. #11 ). Signed by Magistrate Judge Regina D Cannon on 9/27/2021. (tmf)
September 27, 2021 Filing 14 Consent MOTION for Extension of Time File Response re: #11 MOTION to Dismiss by Melinco Medina. (Coffman, Jason)
September 20, 2021 Submission of #8 Order, to Magistrate Judge Regina D Cannon. (dob)
September 16, 2021 Opinion or Order Filing 13 ORDER granting #12 Motion to Stay. This action is STAYED pending disposition of GDHS's motion to dismiss, (Doc. #11 ). All pretrial deadlines in this case are temporarily suspended. The stay in this case will AUTOMATICALLY LIFT following a ruling by the District Judge on the undersigned's forthcoming Report and Recommendation regarding the motion to dismiss. In the event the District Judge issues a final order on the motion to dismiss that is not dispositive of all issues in this case, the parties are ORDERED to participate in a Rule 26(f) conference, exchange initial disclosures, and file their Joint Preliminary Report and Discovery Plan within thirty (30) days after GDHS files an answer. Plaintiff remains obligated to file a Certificate of Interested Persons (CIP) by September 17, 2021, as directed by a previous Order. (Doc. #8 ). Signed by Magistrate Judge Regina D Cannon on 9/16/2021. (tmf)
September 15, 2021 Filing 12 Consent MOTION to Stay Mandatory Rule 16 and 26 Proceedings by Georgia Department of Human Services, Division of Family and Children Services. (Attachments: #1 Text of Proposed Order on Consent Motion to Stay Mandatory Rule 16 and 26 Proceedings)(McDonald, Laura)
September 14, 2021 Filing 11 MOTION to Dismiss by Georgia Department of Human Services, Division of Family and Children Services. (tmf)
September 14, 2021 Opinion or Order Filing 10 ORDER granting #9 Motion for Leave to File. The Clerk is DIRECTED to docket GDHS's proposed motion to dismiss, (Doc. 9-4), and Plaintiff shall have until September 28, 2021 to file his response. Signed by Magistrate Judge Regina D Cannon on 9/14/2021. (tmf)
September 13, 2021 Filing 9 Unopposed MOTION for Leave to File Motion Untimely with Brief In Support by Georgia Department of Human Services, Division of Family and Children Services. (Attachments: #1 Brief in Support of Defendant's Unopposed Motion for Leave to File Motion Untimely, #2 Text of Proposed Order on Defendant's Unopposed Motion for Leave to File Motion Untimely, #3 Exhibit 1: Declaration of Laura McDonald, #4 Exhibit 2: Proposed Motion to Dismiss Amended Complaint)(McDonald, Laura)
September 10, 2021 Opinion or Order Filing 8 ORDER: This matter is before the Court sua sponte. A review of the docket reveals that Plaintiff's counsel has not filed a Certificate of Interested Persons (CIP) upon first appearance as required by Local Rule 3.3. LR 3.3, NDGa.; see LR 83.1(D). The CIP enables the judges of this Court to evaluate possible disqualification or recusal. LR 3.3(A), NDGa. Accordingly, Plaintiff's counsel is DIRECTED to file a CIP by September 17, 2021. Signed by Magistrate Judge Regina D Cannon on 9/10/2021. (tmf)
September 10, 2021 Opinion or Order Filing 7 ORDER for Service of #6 Report and Recommendation,, by Magistrate Judge Regina D Cannon. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Regina D Cannon on 9/10/2021. (tmf)
September 10, 2021 Filing 6 REPORT AND RECOMMENDATION re #3 MOTION to Dismiss Plaintiff's Complaint in Lieu of An Answer filed by Fictitious Parties A and B, Georgia Department of Human Services, Division of Family and Children Services. It is RECOMMENDED that Defendant GDHS's Motion to Dismiss, (Doc. #3 ), be DENIED AS MOOT. In addition, it is further RECOMMENDED that Defendants Fictitious Parties A and B be DISMISSED from this action as improper parties. Signed by Magistrate Judge Regina D Cannon on 9/10/2021. (tmf)
September 3, 2021 Submission of #3 MOTION to Dismiss Plaintiff's Complaint in Lieu of An Answer, to Magistrate Judge Regina D Cannon. (dob)
August 18, 2021 Filing 5 RESPONSE in Opposition re #3 MOTION to Dismiss Plaintiff's Complaint in Lieu of An Answer filed by Melinco Medina. (Coffman, Jason)
August 18, 2021 Filing 4 AMENDED COMPLAINT against Fictitious Parties A and B, Georgia Department of Human Services, Division of Family and Children Serviceswith Jury Demand filed by Melinco Medina.(Coffman, Jason) 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.
August 4, 2021 Filing 3 MOTION to Dismiss Plaintiff's Complaint in Lieu of An Answer with Brief In Support by Fictitious Parties A and B, Georgia Department of Human Services, Division of Family and Children Services. (McDonald, Laura)
August 4, 2021 Filing 2 Request for Leave of Absence for the following date(s): Thursday, August 5, 2021 through and including Friday, August 20, 2021, by Laura Wilkerson McDonald. (McDonald, Laura)
July 30, 2021 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Fictitious Parties A and B, Georgia Department of Human Services, Division of Family and Children Services (Filing fee $ 402 receipt number AGANDC-11148754) (Attachments: #1 Exhibit A Complaint, #2 Exhibit B Summons to DHS, dated July 2, 2021, #3 Exhibit C Order for service June 3, 2021, #4 Exhibit D Motion to Serve by Publication July 6, 2021, #5 Exhibit E Order for Service against Defendant, #6 Exhibit F Superior Court Notice of Removal, #7 Civil Cover Sheet)(ayw) 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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Plaintiff: Melinco Medina
Represented By: Jason H. Coffman
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Defendant: Georgia Department of Human Services, Division of Family and Children Services
Represented By: Bryan K. Webb
Represented By: Christopher Michael Carr
Represented By: Katherine Powers Stoff
Represented By: Laura Wilkerson McDonald
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Defendant: Fictitious Parties A and B
Represented By: Bryan K. Webb
Represented By: Christopher Michael Carr
Represented By: Katherine Powers Stoff
Represented By: Laura Wilkerson McDonald
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