Scott v. AT&T Mobility Services, LLC et al
| Derek Scott |
| AT&T Mobility Services, LLC, Steve Driscoll, Steve Menard, Doug Clark, Stacey Swartz and AT&T Inc. |
| 1:2021cv03333 |
| August 16, 2021 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Linda T Walker |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Costs Taxed in amount of $ 7,913.29 against Plaintiff. (hfm) |
| Filing 74 BILL OF COSTS by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Stacey Swartz. (Attachments: #1 Attachment A - Bill of Costs)(Snipe, Sheldon) |
| Filing 73 CLERK'S JUDGMENT entered in favor of defendants defendants AT&T Mobility Services, LLC, Driscoll, Clark, and Swartz for costs and dismissing AT&T Inc. and Menard. (dob)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 72
ORDER overruling #69 Objection; adopting #67 Final Report and Recommendation; granting #59 Motion for Summary Judgment. The Clerk is directed to enter judgment for Defendant and close the case. Signed by Judge Amy Totenberg on 8/3/2023. (dob)
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| Civil Case Terminated. (dob) |
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ORDER, by docket entry only, granting #71 Motion to Substitute Attorney. Added attorney Sheldon W. Snipe for AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, and Stacey Swartz. Attorney Zahira Diaz-Vazquez terminated. Ordered by Judge Amy Totenberg on 4/28/23. (hfm)
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| Filing 71 MOTION to Substitute Attorney Sheldon W. Snipeby AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Steve Menard, Stacey Swartz. (Diaz-Vazquez, Zahira) |
| Filing 70 REPLY to Objection to Report and Recommendation re #69 Objections to Report and Recommendation filed by AT&T Inc., AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Steve Menard, Stacey Swartz. (Attachments: #1 Text of Proposed Order)(Graham, Parker) |
| Submission of #67 FINAL REPORT AND RECOMMENDATION, to District Judge Amy Totenberg. (hfm) |
| Filing 69 OBJECTIONS to Report and Recommendation filed by Derek Scott. (Starkes, Theresa) |
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Filing 68
ORDER for Service of #67 Final Report and Recommendation by Magistrate Judge Linda T. Walker. 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 Linda T. Walker on 2/21/2023. (dob)
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| Filing 67 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Derek Scott. Signed by Magistrate Judge Linda T. Walker on 2/21/2023. (dob) Modified on 2/22/2023 to edit file date (dob). |
| FINAL REPORT AND RECOMMENDATION recommending #59 MOTION for Summary Judgment filed by Stacey Swartz, AT&T Inc., Doug Clark, Steve Menard, Steve Driscoll, AT&T Mobility Services, LLC be granted. Signed by Magistrate Judge Linda T. Walker on 2/21/2023. (dob) |
| Filing 66 REPLY BRIEF re #59 MOTION for Summary Judgment filed by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Steve Menard, Stacey Swartz. (Graham, Parker) |
| Submission of #59 MOTION for Summary Judgment , to Magistrate Judge Linda T. Walker. (tcc) |
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Filing 65
ORDER granting #64 MOTION for Extension of Time to File Reply to Plaintiff's Response to Defendants' #59 MOTION for Summary Judgment on or before 1/18/2023. Signed by Magistrate Judge Linda T. Walker on 1/9/2023. (dob)
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| Filing 64 MOTION for Extension of Time for One-Weeks to File Reply to Plaintiff's Response to Defendants' #59 Motion for Summary Judgment by AT&T Mobility Services, LLC. (Attachments: #1 Text of Proposed Order)(Graham, Parker) Modified on 1/6/2023 to add applicable link (dob). |
| Filing 63 RESPONSE re #59 MOTION for Summary Judgment filed by Derek Scott. (Starkes, Theresa) |
| Filing 62 Response to Statement of Material Facts re #59 MOTION for Summary Judgment filed by Derek Scott. (Starkes, Theresa) |
| Filing 61 DEPOSITION of Kelly Foster taken on July 26, 2022 by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Stacey Swartz.(Graham, Parker) |
| Filing 60 DEPOSITION of Steve Menard taken on July 22, 2022 by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Stacey Swartz.(Graham, Parker) |
| Filing 59 MOTION for Summary Judgment with Brief In Support by AT&T Inc., AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Steve Menard, Stacey Swartz. (Attachments: #1 Statement of Material Facts, #2 Appendix)(Graham, Parker) --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.-- |
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Filing 58
AGREED ORDER resetting Discovery. Discovery ends on 11/8/2022, only for purposes ofDefendants supplementing their written discovery responses to Plaintiffs FirstInterrogatories to Defendants and First Request for Production of Documents. Signed by Magistrate Judge Linda T. Walker on 10/21/2022. (dob)
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| Filing 57 PROPOSED CONSENT ORDER Agreed Order Resetting Deadlines. (Graham, Parker) |
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Filing 56
ORDER ADOPTING the #54 Non-Final Report and Recommendation. Defendant Menard's #32 Motion to Dismiss is GRANTED to the extend that Defendant Menard is DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction and the motion is DENIED in all other respects. The Court DECLINES TO ADOPT the #30 Report and Recommendation on the grounds that it is mooted by the adoption of the #54 R&R, which als recommended dismissal of the claims against Menard without prejudice because of improper service. Signed by Judge Amy Totenberg on 10/11/22. (jpa) Modified on 10/11/2022 (jpa).
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Filing 55
ORDER for Service of #54 Report and Recommendation, by Magistrate Judge Linda T. Walker. 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 Linda T. Walker on 9/21/2022. (dob)
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| Filing 54 REPORT AND RECOMMENDATION recommending #32 MOTION to Dismiss Defendant Steven Menard filed by Steve Menard be granted to the extent he seeks to be dismissed without prejudice for lack of personal jurisdiction and DENIED in all other respects. Signed by Magistrate Judge Linda T. Walker on 9/21/2022. (dob) |
| Filing 53 Minute Entry for proceedings held before Magistrate Judge Linda T. Walker: Discovery Hearing held on 9/8/2022. The parties appeared before the Court for a discovery conference. Following oral arguments, the Court advised the parties that it was staying the case. The parties were ordered to confer and make every effort to resolve their discovery disputes. If necessary, the parties may present their unresolved discovery issues to the Court for consideration. The Court advised the parties that it would reconvene this matter next week for a final resolution. (dob) |
| APPROVAL by Clerks Office re: #52 APPLICATION for Admission of Parker Lee Graham Pro Hac Vice. Attorney Parker Lee Graham added appearing on behalf of AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Steve Menard, Stacey Swartz (cdg) |
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ORDER, by docket entry only, granting #52 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 9/8/22. 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 52 APPLICATION for Admission of Parker Lee Graham Pro Hac Vice.by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Steve Menard, Stacey Swartz. (Attachments: #1 All Courts to Which Applicant Has Been Admitted to Practice, #2 Consent of Designated Local Counsel, #3 Text of Proposed Order Order of Admission)(Diaz-Vazquez, Zahira) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #51 APPLICATION for Admission of Parker Lee Graham Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12034376). RE: local counsel's address is different in the system from the application. (kkh) |
| Filing 51 APPLICATION for Admission of Parker Lee Graham Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12034376).by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Steve Menard, Stacey Swartz. (Attachments: #1 All Courts to Which Applicant Has Been Admitted to Practice, #2 Consent of Designated Local Counsel, #3 Text of Proposed Order Order of Admission)(Diaz-Vazquez, Zahira) Documents for this entry are not available for viewing outside the courthouse. |
| NOTICE OF VIDEO PROCEEDING : Discovery Hearing set for 9/6/2022 at 11:00 AM, before Magistrate Judge Linda T. Walker. Connection Instructions: https://ganduscourts.zoomgov.com/j/1603412548 Meeting ID: 160 341 2548 Passcode: 506246 - 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. (slc) |
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Filing 50
ORDER denying #49 Motion to Compel Discovery; denying #49 Motion for Sanctions or failure to comply with the Court's Scheduling Order. Signed by Magistrate Judge Linda T. Walker on 8/25/2022. (dob)
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| Notification of Docket Correction re #49 MOTION to Compel Discovery MOTION for Sanctions. Pleading filed as single part motion; should be multi part motion. Clerk made necessary changes. (dob) |
| Filing 49 MOTION to Compel Discovery; Motion for Sanctions with Brief In Support by Derek Scott. (Starkes, Theresa) . Added MOTION for Sanctions on 8/23/2022 (dob). |
| Filing 48 CERTIFICATE OF SERVICE for Defendants' Responses to Plaintiff's First Interrogatories and First Request for Production of Documents by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll.(Diaz-Vazquez, Zahira) |
| Filing 47 Supplemental Initial Disclosures by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Stacey Swartz.(Diaz-Vazquez, Zahira) |
| Filing 46 CERTIFICATE OF SERVICE for Notice of Service of Subpoenas by AT&T Mobility Services, LLC.(Diaz-Vazquez, Zahira) |
| Filing 45 CERTIFICATE OF SERVICE Plaintiff's Answers to Defendants Interrogatories and Request for Productions of Documents and Things by Derek Scott.(Starkes, Theresa) |
| Filing 44 CERTIFICATE OF SERVICE Plaintiff's First Interrogatories to Defendant and Request for Production of Documents by Derek Scott.(Starkes, Theresa) |
| Filing 43 NOTICE to Take Deposition of Kelly Foster filed by Derek Scott (Starkes, Theresa) |
| Filing 42 NOTICE to Take Deposition of Natasha Brooks filed by Derek Scott (Starkes, Theresa) |
| Filing 41 First NOTICE to Take Deposition of Kelly Foster filed by Derek Scott (Starkes, Theresa) |
| Filing 40 First NOTICE to Take Deposition of Natasha Brooks filed by Derek Scott (Starkes, Theresa) |
| Filing 39 First NOTICE to Take Deposition of Patricia Kruge filed by Derek Scott (Starkes, Theresa) |
| Filing 38 First NOTICE to Take Deposition of Giselle Roman filed by Derek Scott (Starkes, Theresa) |
| Filing 37 NOTICE to Take Deposition of Steve Menard filed by Derek Scott (Starkes, Theresa) |
| Filing 36 NOTICE to Take Deposition of Stacy Schwartz filed by Derek Scott (Starkes, Theresa) |
| Filing 35 NOTICE to Take Deposition of Steve Driscoll filed by Derek Scott (Starkes, Theresa) |
| Submission of #32 MOTION to Dismiss Defendant Steven Menard, #30 REPORT AND RECOMMENDATION, to District Judge Amy Totenberg. (hfm) |
| Filing 34 Initial Disclosures by Derek Scott.(Starkes, Theresa) |
| Filing 33 CERTIFICATE OF SERVICE for Defendants' Initial Disclosures by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Stacey Swartz.(Diaz-Vazquez, Zahira) |
| Filing 32 MOTION to Dismiss Defendant Steven Menard with Brief In Support by Steve Menard. (Diaz-Vazquez, Zahira) |
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Filing 31
ORDER for Service of #30 Report and Recommendation, by Magistrate Judge Linda T. Walker. 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 Linda T. Walker on 5/25/2022. (dob)
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| Filing 30 REPORT AND RECOMMENDATION recommending claims against Defendant Steve Menard re #1 Complaint, filed by Derek Scott be dismissed without prejudice for failure to timely effect service. Signed by Magistrate Judge Linda T. Walker on 5/25/2022. (dob) |
| Filing 29 DOCUMENT FILED IN ERROR CLERK'S JUDGMENT entered dismissing action. (dob)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- Modified on 5/24/2022 (dob). |
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Filing 28
ORDER adopting #23 Report and Recommendations; granting #15 Motion to Dismiss. Signed by Judge Amy Totenberg on 5/24/2022. (dob)
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| Notification of Docket Correction re #29 Clerk's Judgment. Pleading filed in error. Clerk made necessary changes. (dob) |
| Submission of #23 Non-Final Report and Recommendation, to Magistrate Judge Linda T. Walker. (hfm) |
| Filing 27 CERTIFICATE OF SERVICE for Notice of Deposition of Plaintiff by AT&T Inc., AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Steve Menard, Stacey Swartz.(Diaz-Vazquez, Zahira) |
| Filing 26 CERTIFICATE OF SERVICE for Defendant AT&T Mobility Services LLC's Interrogatories to Plaintiff and Request for Production of Documents and Things by AT&T Mobility Services, LLC.(Diaz-Vazquez, Zahira) |
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Filing 25
SCHEDULING ORDER AND GUIDELINES FOR DISCOVERY AND SUMMARY JUDGMENT PRACTICE: re: #22 Joint Preliminary Report and Discovery Plan. Discovery ends on 8/8/2022. Motions due by 9/9/2022. Proposed Pretrial Order due by 9/9/2022. Signed by Magistrate Judge Linda T. Walker on 5/6/22. (bnw)
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Filing 24
ORDER for Service of #23 Report and Recommendation by Magistrate Judge Linda T. Walker. 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 Linda T. Walker on 5/3/22. (bnw)
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| Filing 23 REPORT AND RECOMMENDATION RECOMMENDING #15 MOTION to Dismiss Defendant AT&T Inc. filed by AT&T Inc. BE GRANTED. Signed by Magistrate Judge Linda T. Walker on 5/3/22. (bnw) |
| Filing 22 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Stacey Swartz. (Diaz-Vazquez, Zahira) |
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(Found in #23 R&R) ORDER granting #19 Motion to Strike. Accordingly, the parties are ORDERED to file a JPRDP within fourteen (14) days from the date of this Order and Report and Recommendation. Failure to comply may result in the imposition of sanctions, including dismissal of the case or entry of a default judgment. Signed by Magistrate Judge Linda T. Walker on 5/3/22. (bnw)
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| Submission of #19 MOTION to Strike #18 Response in Opposition to Motion to Dismiss, to Magistrate Judge Linda T. Walker. (hfm) |
| Filing 21 REPLY to Response to Motion re #15 MOTION to Dismiss Defendant AT&T Inc. filed by AT&T Inc.. (Diaz-Vazquez, Zahira) |
| Filing 20 RESPONSE in Opposition re #19 MOTION to Strike #18 Response in Opposition to Motion to Dismiss filed by Derek Scott. (Starkes, Theresa) |
| Filing 19 MOTION to Strike #18 Response in Opposition to Motion to Dismiss with Brief In Support by AT&T Inc.. (Diaz-Vazquez, Zahira) |
| Filing 18 RESPONSE in Opposition re #15 MOTION to Dismiss Defendant AT&T Inc. filed by Derek Scott. (Attachments: #1 Exhibit)(Starkes, Theresa) |
| Submission of #15 MOTION to Dismiss Defendant AT&T Inc., to Magistrate Judge Linda T. Walker. (hfm) |
| Filing 17 Certificate of Interested Persons and Corporate Disclosure Statement by AT&T Inc., AT&T Mobility Services, LLC identifying Other Affiliates Cricket Holdco Inc.,Leap Wireless International, Inc., LWI Holdco, Inc., New Cingular Wireless Services, Inc., AT&T NCWS Holdings, Inc.,SBC Telecom, Inc., BellSouth Mobile Data, Inc., Teleholdings, Inc., and Corporate Parent AT&T Inc. for AT&T Mobility Services, LLC. (Diaz-Vazquez, Zahira) Modified on 1/13/2022 to edit text to add other affiliates(vs). |
| Filing 16 ANSWER to #1 COMPLAINT by AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll, Stacey Swartz. Discovery ends on 6/6/2022.(Diaz-Vazquez, Zahira) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 15 MOTION to Dismiss Defendant AT&T Inc. with Brief In Support by AT&T Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jason D. Bunch, #2 Exhibit 2 - Declaration of Paula Phillips)(Diaz-Vazquez, Zahira) |
| Filing 14 Return of Service Executed by Derek Scott. Steve Driscoll served on 11/3/2021, answer due 1/6/2022. (Starkes, Theresa) |
| Filing 13 Return of Service Unexecuted by Derek Scott as to Steve Menard. (Starkes, Theresa) |
| Filing 12 Return of Service Executed by Derek Scott. Stacey Swartz served on 11/23/2021, answer due 1/6/2022. (Starkes, Theresa) |
| Filing 11 Return of Service Executed by Derek Scott. Doug Clerk served on 11/3/2021. Answer due 1/6/2022 (Starkes, Theresa) Modified on 1/5/2022 to edit text (vs). |
| Filing 10 Return of Service Executed by Derek Scott. AT&T Inc. served on 11/1/2021, answer due 1/6/2022. (Starkes, Theresa) |
| Filing 9 Return of Service Executed by Derek Scott. AT&T Mobility Services, LLC served on 11/1/2021, answer due 1/6/2022. (Starkes, Theresa) |
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ORDER granting #8 Motion for Extension of Time to Answer. Accordingly, Defendant Stacey Swartz shall have up to and including January 6, 2022, to respond to the Complaint or otherwise plead. Signed by Magistrate Judge Linda T. Walker on December 10, 2021. (LTW)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, with Brief In Support by Stacey Swartz. (Diaz-Vazquez, Zahira) |
| Filing 7 Return of Service Unexecuted as to Steve Menard. (bgt) |
| Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, with Brief In Support by AT&T Inc., AT&T Mobility Services, LLC, Doug Clark, Steve Driscoll. (Diaz-Vazquez, Zahira) |
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ORDER granting #6 Motion for Extension of Time to Answer. Accordingly, Defendants AT&T Inc., AT&T Mobility Services, LLC, Doug Clark, and Steve Driscoll shall have through and including January 6, 2022, to respond to the Plaintiff's Complaint. Signed by Magistrate Judge Linda T. Walker on November 16, 2021. (LTW)
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| Filing 5 Return of Service Executed by Derek Scott. Doug Clark served on 11/3/2021, answer due 11/24/2021. (vs) |
| Filing 4 Electronic Summons Issued as to Steve Driscoll. (rlh) |
| Filing 3 Electronic Summons Issued as to AT&T Inc., AT&T Mobility Services, LLC, Doug Clark, Steve Menard, Stacey Swartz. (Attachments: #1 Summons AT&T Inc., #2 Summons Doug Clark, #3 Summons Stacey Schwartz, #4 Summons Steve Menard)(rlh) |
| Filing 2 PROPOSED SUMMONS filed by Derek Scott (Attachments: #1 Summons Summons, #2 Summons Summons, #3 Summons Summons, #4 Summons Summons, #5 Summons Summons)(Starkes, Theresa) |
| Filing 1 COMPLAINT with Jury Demand filed by Derek Scott (Filing fee $402, receipt number AGANDC-11189733) (Attachments: #1 Exhibit A)(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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