Blalock v. Alpha Phi Alpha Fraternity, Inc.
| Ricky L. Blalock and John J. Funny |
| Alpha Phi Alpha Fraternity, Inc. |
| 1:2022cv01085 |
| March 17, 2022 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Civil Rights: Other |
| 42 U.S.C. § 1985 Conspiracy to interfere with civil rights |
| Both |
Docket Report
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This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #62 MOTION for Summary Judgment , to District Judge William M. Ray II. (sll) |
| Filing 69 Response to Statement of Material Facts re #62 MOTION for Summary Judgment filed by Alpha Phi Alpha Fraternity, Inc.. (Van Dyke, Christopher) |
| Filing 68 REPLY BRIEF re #62 MOTION for Summary Judgment (In Support of) filed by Alpha Phi Alpha Fraternity, Inc.. (Van Dyke, Christopher) |
| RECEIPT OF MANUAL FILING: 1 USB (blue) received in Atlanta Division re #66 Response in Opposition to Motion. USB Scanned by IT Department and placed in the receptacle for filing by the Records Department. (tas) |
| Filing 67 NOTICE Of Filing Pl. Ex. 14 Video Excerpt Manual Filing by Ricky L. Blalock, John J. Funny re #66 Response in Opposition to Motion,,,,, (Williams, Mario) |
| Filing 66 RESPONSE in Opposition re #62 MOTION for Summary Judgment filed by Ricky L. Blalock, John J. Funny. (Attachments: #1 Exhibit APA CBL 2021 ed., #2 Exhibit APA OMPPM 2017, #3 Exhibit APA Risk Mgmt Handbook, #4 Exhibit Roberts RONR (12th ed.) excerpts, #5 Exhibit Eta Lambda Chptr Revocation Ltrs., #6 Exhibit Eta Lambda Revocation Ballot/Results Emails, #7 Exhibit CDO Ltr., #8 Exhibit Sphinx Article by Stratton 2021, #9 Exhibit 2019 APA GDC Final Report, #10 Exhibit APA Mins. 2019 95th Gen Conv, #11 Exhibit Retraction Letter_BLALOCK, #12 Exhibit Retraction Ltr_Funny, #13 Exhibit Eta Lambda CBL, #14 Exhibit Video excerpt Eta Lambda Chptr Mtg 9-9-21 (manually filed), #15 Exhibit APA CBL 1925-1926 ed., #16 Exhibit Louis Morant Transcript Excerpts, #17 Exhibit Judge Lewis Nixon Trans Excerpts, #18 Exhibit Adrian Stratton Trans Excerpts, #19 Exhibit Cecil Howard 30-b-6 Trans Excerpts, #20 Exhibit Willis Lonzer Trans Excerpts, #21 Exhibit Ronald Natson Trans Excerpts, #22 Exhibit Pl Resp Def SUMF, #23 Statement of Material Facts Pl. Stmt of Additional Material Facts, #24 Exhibit Dep Trans MORANT, #25 Exhibit Dep Trans NIXON, #26 Exhibit Dep Trans STRATTON, #27 Exhibit Dep Trans HOWARD, #28 Exhibit Dep Trans LONZER, #29 Exhibit Dep Trans NATSON)(Williams, Mario) |
Filing 65
ORDER GRANTING #64 MOTION for Extension of Time Respond to Motion for Summary Judgment re: #62 MOTION for Summary Judgment. The Court ORDERS Plaintiffs to file their Response to the Motion for Summary Judgment on or before and no later than 7/28/2023, and that Defendant shall file its reply on the normal deadline per the Local Rules and Federal Rules of Civil Procedure. Signed by Judge William M. Ray, II on 7/24/2023. (tas)
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| Submission of #64 MOTION for Extension of Time Respond to Motion for Summary Judgment re: #62 MOTION for Summary Judgment, to District Judge William M. Ray II. (tas) |
| Filing 64 MOTION for Extension of Time Respond to Motion for Summary Judgment re: #62 MOTION for Summary Judgment by Ricky L. Blalock, John J. Funny. (Attachments: #1 Text of Proposed Order)(Williams, Mario) |
| Filing 63 NOTICE Of Filing by Alpha Phi Alpha Fraternity, Inc. (Attachments: #1 Exhibit Adrian Stratton depo transcript, #2 Exhibit Cecil Howard depo transcript, #3 Exhibit John Funny depo transcript, #4 Exhibit Louis Bates depo transcript, #5 Exhibit Ricky Blalock depo transcript, #6 Exhibit Ronald Natson depo transcript, #7 Exhibit Willis Lonzer depo transcript)(Van Dyke, Christopher) |
| Filing 62 MOTION for Summary Judgment with Brief In Support by Alpha Phi Alpha Fraternity, Inc.. (Attachments: #1 Exhibit 1 - August 2021 Eta Lambda Chapter Board Mtg Minutes, #2 Exhibit 2 - Sept. 2021 Eta Lambda Chapter Meeting Minutes, #3 Exhibit 3 - Policy and Procedures Manual, #4 Exhibit 4 - Eta Lambda Removal Ballot and Voting Results, #5 Exhibit 5 - September 15, 2021 ltrs to Funny and Blalock, #6 Exhibit 6 - Feb. 1, 2022 ltr from J. Malone to Betts and Williams, #7 Exhibit 7 - 2021 Alpha Constitution and By-Laws, #8 Exhibit 8 - Blalock depo transcript excerpts, #9 Exhibit 9 - Funny depo transcript excerpts, #10 Exhibit 10 - Howard depo transcript excerpts, #11 Exhibit 11 - Natson depo transcript excerpts, #12 Exhibit 12 - Bates depo transcript excerpts, #13 Exhibit 13 - Lonzer depo transcript excerpts, #14 Statement of Material Facts ISO Motion for Summary Judgment)(Van Dyke, Christopher) --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 61
ORDER GRANTING #58 Consent MOTION for Extension of Time to File Dispositive Motions to 6/30/2023. Signed by Judge William M. Ray, II on 5/25/2023. (tas)
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| Filing 60 Defendant Alpha Phi Alpha Fraternity, Inc.'s ANSWER to #56 Amended Complaint of John J. Funny by Alpha Phi Alpha Fraternity, Inc..(Van Dyke, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 59 Defendant Alpha Phi Alpha Fraternity, Inc.'s ANSWER to #55 Amended Complaint of Plaintiff Ricky L. Blalock by Alpha Phi Alpha Fraternity, Inc..(Van Dyke, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 58 Consent MOTION for Extension of Time to File Dispositive Motions by Alpha Phi Alpha Fraternity, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Van Dyke, Christopher) |
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Filing 57
ORDER GRANTING #53 Joint Motion on Motions to Compel and Settlement Conference Deadline. The deadline for any motions to compel and the deadline for the settlement conference shall be 6/5/2023. Signed by Judge William M. Ray, II on 5/11/2023. (tas)
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| Filing 56 AMENDED COMPLAINT against Alpha Phi Alpha Fraternity, Inc.with Jury Demand filed by John J. Funny. (Attachments: #1 Exhibit Revocation/Removal Letter Funny, #2 Exhibit Cease-and-Desist Letter Funny)(Williams, Mario) 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. |
| Filing 55 AMENDED COMPLAINT against Alpha Phi Alpha Fraternity, Inc.with Jury Demand filed by Ricky L. Blalock. (Attachments: #1 Exhibit Revocation/Removal Letter, #2 Exhibit Cease-and-Desist Letter)(Williams, Mario) 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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Filing 54
ORDER GRANTING IN PART AND DENYING IN PART #46 Motion to Amend Complaint. Plaintiff's Amended Complaint should only include Counts VI, VII, XII, XIV as they are the only Counts not dismissed in their entirety. Signed by Judge William M. Ray, II on 5/10/2023. (tas)
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| Submission of #53 MOTION for Extension of Time Joint Motion on Motions to Compel and Settlement Conference Deadline, to District Judge William M. Ray II. (tas) |
| Filing 53 MOTION for Extension of Time Joint Motion on Motions to Compel and Settlement Conference Deadline by Ricky L. Blalock, John J. Funny. (Attachments: #1 Text of Proposed Order Joint Motion To Extend Time)(Williams, Mario) |
| Filing 52 REPLY to Response to Motion re #46 First MOTION to Amend #8 Complaint, #1 Complaint, Plaintiffs' Request for Leave to Amend Complaints filed by Ricky L. Blalock, John J. Funny. (Williams, Mario) |
| Filing 51 RESPONSE re #46 First MOTION to Amend #8 Complaint, #1 Complaint, Plaintiffs' Request for Leave to Amend Complaints filed by Alpha Phi Alpha Fraternity, Inc.. (Van Dyke, Christopher) |
| Submission of #46 First MOTION to Amend #8 Complaint, #1 Complaint, Plaintiffs' Request for Leave to Amend Complaints, to District Judge William M. Ray II. (sll) |
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Filing 50
ORDER DENYING #40 Motion for Protective Order; GRANTING #42 Motion for Leave to File Matters Under Seal. Signed by Judge William M. Ray, II on 4/13/2023. (tas)
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| Submission of #40 MOTION for Protective Order TO EXCLUDE CERTAIN DEPOSITION TESTIMONY, to District Judge William M. Ray II. (tas) |
| Filing 49 REPLY to Response to Motion re #40 MOTION for Protective Order TO EXCLUDE CERTAIN DEPOSITION TESTIMONY filed by Ricky L. Blalock, John J. Funny. (Williams, Mario) |
| Filing 48 RESPONSE in Opposition re #40 MOTION for Protective Order TO EXCLUDE CERTAIN DEPOSITION TESTIMONY filed by Alpha Phi Alpha Fraternity, Inc.. (Van Dyke, Christopher) |
| Filing 47 Initial Disclosures by Ricky L. Blalock, John J. Funny.(Betts, David) |
| Filing 46 First MOTION to Amend #8 Complaint, #1 Complaint, Plaintiffs' Request for Leave to Amend Complaints by Ricky L. Blalock, John J. Funny. (Attachments: #1 Exhibit Pl Blalock Draft Proposed Amended Complaint, #2 Exhibit Pl Funny Draft Proposed Amended Complaint)(Williams, Mario) |
| Filing 45 NOTICE by Ricky L. Blalock, John J. Funny Plaintiffs' Notice of Request for Production of Documents (Betts, David) |
| Filing 44 Notice for Leave of Absence for the following date(s): 4/24/23-4/28/23, 5/8/23-5/19/23, 5/24/23-5/26/23, by Christopher Todd Van Dyke. (Van Dyke, Christopher) |
| Filing 43 Initial Disclosures by Alpha Phi Alpha Fraternity, Inc..(Van Dyke, Christopher) |
| Filing 42 MOTION for Leave to File Matters Under Seal re: #41 Notice of Filing,, Plaintiffs' Motion for Leave TFUS with Brief In Support by Ricky L. Blalock, John J. Funny. (Attachments: #1 Text of Proposed Order Proposed Order Granting MLTFUS)(Betts, David) |
| Filing 41 SEALED NOTICE Of Filing by Ricky L. Blalock, John J. Funny re #40 MOTION for Protective Order TO EXCLUDE CERTAIN DEPOSITION TESTIMONY Plaintiffs' Notice of Prov. Sealed Filing (Attachments: #1 Exhibit Ex 001 2022-09-06 1038 email Malone to Betts and Wms Blalock Settle Offer, #2 Exhibit Ex 2 2022-09-06 1104 Email PDF Ltr fr JM re Env Prosec, #3 Exhibit Ex 003 2022.10.17_Pl Atty Ltr to Def Atty re Settlement)(Betts, David) Modified on 4/14/2023 (tas). |
| Filing 40 MOTION for Protective Order TO EXCLUDE CERTAIN DEPOSITION TESTIMONY by Ricky L. Blalock, John J. Funny. (Williams, Mario) |
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Filing 39
ORDER DENYING #32 MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim. Signed by Judge William M. Ray, II on 12/2/2022. (tas)
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| Filing 38 NOTICE Of Filing by Ricky L. Blalock, John J. Funny re #35 Joint Preliminary Report and Discovery Plan, #36 Scheduling Order, (Attachments: #1 Exhibit State Court Complaint demonstrating that claim of Ultra Vires Acts is being litigated in Fulton County Stae Court)(Williams, Mario) |
| Filing 37 NOTICE by Alpha Phi Alpha Fraternity, Inc. of Withdrawal of Counsel (Ward, Kevin) |
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Filing 36
SCHEDULING ORDER: re: #35 Joint Preliminary Report and Discovery Plan. Discovery ends on 4/30/2023. Motions for Summary Judgment due by 5/30/2023, and if no Motions for Summary Judgment are filed, the Proposed Pretrial Order due by 5/30/2023. The Clerk is directed to submit this action on 5/31/2023, if the parties have not filed a Motion for Summary Judgment or Proposed Pretrial Order. Signed by Judge William M. Ray, II on 11/28/2022. (nmb)
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| Filing 35 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Alpha Phi Alpha Fraternity, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Van Dyke, Christopher) |
| Filing 34 Notice for Leave of Absence for the following date(s): 11/23/2022- 12/2/2022 and 12/19/2022 - 1/2/2023, by Kevin L. Ward. (Ward, Kevin) Modified text on 11/10/2022 (ane). |
| Submission of #32 MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim, , #33 Response to Motion, to District Judge William M. Ray II. (sll) |
| Filing 33 RESPONSE re #32 MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim, filed by Ricky L. Blalock, John J. Funny. (Williams, Mario) |
| Filing 32 MOTION for Reconsideration re #26 Order on Motion to Dismiss for Failure to State a Claim, by Alpha Phi Alpha Fraternity, Inc.. (Van Dyke, Christopher) |
| Filing 31 ANSWER to #8 COMPLAINT with Jury Demand by Alpha Phi Alpha Fraternity, Inc..(Malone, Jason) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 30 ANSWER to #1 COMPLAINT with Jury Demand by Alpha Phi Alpha Fraternity, Inc.. Discovery ends on 1/26/2023.(Malone, Jason) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 29 Certificate of Interested Persons by Alpha Phi Alpha Fraternity, Inc.. (Malone, Jason) |
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Filing 28
ORDER GRANTING #27 Third MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaints, #8 Complaint, #1 Complaint. Alpha Phi Alpha Fraternity, Inc. Answers due 8/29/2022. Signed by Judge William M. Ray, II on 8/22/2022. (tas)
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| Filing 27 Third MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaints by Alpha Phi Alpha Fraternity, Inc.. (Malone, Jason) |
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Filing 26
ORDER GRANTING IN PART as to Counts I, II, III, IV, V, VIII, IX, X, XI, XIII, and XIV (under Section 1988), which are therefore DISMISSED and DENYING IN PART as to Counts VI, VII, XII, and XIV (under Section 13-6-11) Defendant's #16 Motion to Dismiss for Failure to State a Claim. Signed by Judge William M. Ray, II on 8/8/2022. (tas)
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| Filing 25 REPLY to Response to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ricky L. Blalock, John J. Funny. (Williams, Mario) |
| Filing 24 Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 7/15/2022 taking under advisement #16 Motion to Dismiss for Failure to State a Claim. Mr. Betts may file a surreply by next week if needed. (Court Reporter Wynette Blathers)(jkl) |
| Submission of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge William M. Ray II. (tas) |
| Filing 23 REPLY to Response to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alpha Phi Alpha Fraternity, Inc.. (Malone, Jason) |
| NOTICE OF VIDEO PROCEEDING re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Motion Hearing set for 7/15/2022 at 10:30 AM in before Judge William M. Ray II. Connection Instructions: https://ganduscourts.zoomgov.com/j/1603364647 Meeting ID: 160 336 4647 Password: 1705 Audio via phone: 1 646 828 7666 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. (jkl) |
| NOTICE of TIME CHANGE for Hearing on #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Motion Hearing set for 7/15/2022 at 10:30 AM via ZOOM before Judge William M. Ray II. (jkl) |
| Filing 22 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ricky L. Blalock, John J. Funny. (Williams, Mario) |
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Filing 21
ORDER GRANTING #19 Consent MOTION for Extension of Time To File Responses To Defendants' Motion to Dismiss re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiffs shall file their response to Defendant's Motion to Dismiss on or before 6/28/2022. Any replies to response must be filed prior to the hearing currently scheduled to take place on 7/15/2022. Signed by Judge William M. Ray, II on 6/14/2022. (tas)
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| Filing 20 NOTICE of Hearing on Motion re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion Hearing set for 7/15/2022 at 11:30 AM via ZOOM VIDEO before Judge William M. Ray II. (tas) |
| Filing 19 Consent MOTION for Extension of Time To File Responses To Defendants' Motion to Dismiss re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ricky L. Blalock, John J. Funny. (Attachments: #1 Text of Proposed Order Proposed Order)(Williams, Mario) |
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Filing 18
ORDER GRANTING #17 Motion for Extension of Time. Plaintiffs shall file their response to Defendants Motion to Dismiss on or before June 14, 2022. Signed by Judge William M. Ray, II on 6/1/2022. (tas)
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| Submission of #17 Consent MOTION for Extension of Time File Response to Motion to Dismiss re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge William M. Ray II. (tas) |
| Filing 17 Consent MOTION for Extension of Time File Response to Motion to Dismiss re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ricky L. Blalock, John J. Funny. (Attachments: #1 Text of Proposed Order Proposed Order)(Williams, Mario) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Alpha Phi Alpha Fraternity, Inc.. (Attachments: #1 Brief Brief In Support of MTD)(Malone, Jason) |
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Filing 15
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge William M. Ray, II on 5/9/22. (jkl)
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| Filing 14 NOTICE of Appearance by Christopher Todd Van Dyke on behalf of Alpha Phi Alpha Fraternity, Inc. (Van Dyke, Christopher) |
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Filing 13
ORDER GRANTING #12 Motion for Extension of Time for Alpha Phi Alpha Fraternity, Inc. to Answer, #8 Complaint, #1 Complaint. Answer due 5/16/2022 Signed by Judge William M. Ray, II on 4/29/2022. (adg)
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| Filing 12 Second MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaints by Alpha Phi Alpha Fraternity, Inc.. (Attachments: #1 Exhibit Exhibit A - Proposed Order)(Malone, Jason) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to 5/2/2022 for Alpha Phi Alpha Fraternity, Inc. to Answer or Otherwise Respond to Plaintiffs' Complaints, #1 Complaint and #8 Complaint. Signed by Judge William M. Ray, II on 4/15/2022. (adg)
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| Filing 10 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaints by Alpha Phi Alpha Fraternity, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order)(Malone, Jason) |
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Filing 7
ORDER directing Clerk to consolidate No. 1:22-cv-01086-WMR with No. 1:22-cv-01085-WMR and to close No. 1:22-cv-01086-WMR. All future filings should be made in No. 1:22-cv-01085-WMR. Signed by Judge William M. Ray, II on 4/8/2022. (abm)
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re: #2 Order to Show Cause filed by Ricky L. Blalock. (Williams, Mario) |
| Filing 9 AFFIDAVIT of Service for Complaint & Summons, as to Alpha Phi Alpha Fraternity, Inc.. Answer due 4/18/2022. (abm) Modified on 4/8/2022 to edit date filed(abm). |
| Filing 5 AFFIDAVIT of Service for Complaint & Summons , as to Alpha Phi Alpha Fraternity, Inc.. (Williams, Mario) |
| Filing 4 Electronic Summons Issued as to Alpha Phi Alpha Fraternity, Inc.. (abm) |
| Filing 3 PROPOSED SUMMONS filed by Ricky L. Blalock (Williams, Mario) |
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Filing 2
ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause, within 21 days from the date of this order, why the Court should not consolidate cases 1:22-cv-01085-WMR and 1:22-cv-01086-WMR. Signed by Judge William M. Ray, II on 3/18/2022. (vs)
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| Filing 8 COMPLAINT with Jury Demand (Filing fee $402, receipt number AGANDC-11664722) filed by John J. Funny. (Attachments: #1 Exhibit 9/15/21 Letter to Funny, #2 Exhibit 2/1/22 Letter to Counsel)(abm) 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. Modified on 4/13/2022 to edit docket text(abm). Originally filed in 1:22-cv-1086-WM. |
| Filing 1 COMPLAINT with Jury Demand filed by Ricky L. Blalock. (Filing fee $402.00, receipt number AGANDC-11664620) (Attachments: #1 Exhibit 9/15/21 Letter to Blalock, #2 Exhibit Errata 2/1/22 Letter to Counsel)(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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