Moya v. City of Alpharetta et al
| Travis Moya |
| City of Alpharetta, John Robison, R. A. Splawn, Michael Esposito, J. J. Frudden and Christopher Benfield |
| 1:2022cv02942 |
| July 26, 2022 |
| US District Court for the Northern District of Georgia |
| Sarah E Geraghty |
| Eleanor L Ross |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #34 MOTION to Unrestrict Criminal Records Pursuant to OCGA 35-3-37 to District Judge Eleanor L. Ross. (mlb) |
| Filing 43 NOTICE Of Filing by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn (Attachments: #1 Exhibit Declaration of J.J. Frudden Under Penalty of Perjury, #2 Exhibit Declaration of Christopher Benfield Under Penalty of Perjury)(Jackson, Wesley) |
| Submission of #28 MOTION to Exclude Extrinsic Videos and Evidence, #27 MOTION for Leave to File First Amended Complaint, to District Judge Eleanor L. Ross. (ceo) |
| Filing 42 REPLY BRIEF re #28 MOTION to Exclude Extrinsic Videos and Evidence filed by Travis Moya. (Lee, Dianna) |
| Filing 41 REPLY BRIEF re #27 MOTION for Leave to File First Amended Complaint filed by Travis Moya. (Lee, Dianna) |
| Clerks Notation re #40 Certificate of Interested Persons/Corporate Disclosures by Travis Moya. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Submission of #23 MOTION for Judgment on the Pleadings and #22 MOTION for Judgment on the Pleadings to District Judge Eleanor L. Ross. (mlb) |
| Filing 40 Certificate of Interested Persons and Corporate Disclosure Statementby Travis Moya. (Lee, Dianna) Modified on 11/21/2022 (ceo). |
Filing 39
ORDER: The Court DIRECTS Plaintiff Travis Moya to file a Certificate of Interested Persons in accordance with Local Rule 3.3 within seven (7) days from the date of entry of this order. If Plaintiff fails to file the Certificate of Interested Persons within the seven (7)-day period, the Court DIRECTS the Clerk to submit this action to the undersigned. Signed by Judge Eleanor L. Ross on 11/16/22. (ceo)
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| Filing 38 RESPONSE in Opposition re #28 MOTION to Exclude Extrinsic Videos and Evidence Relied on by Defendants in Support of their Motion for Judgment on the Pleadings filed by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn. (Attachments: #1 Errata A - Declaration of Michael Esposito)(Jackson, Wesley) |
| Filing 37 RESPONSE in Opposition re #27 MOTION for Leave to File First Amended Complaint filed by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn. (Jackson, Wesley) |
| Filing 36 REPLY BRIEF re #23 MOTION for Judgment on the Pleadings filed by City of Alpharetta, John Robison, R. A. Splawn. (Attachments: #1 Exhibit A - Criminal Warrant)(Jackson, Wesley) |
| Filing 35 REPLY BRIEF re #22 MOTION for Judgment on the Pleadings filed by Christopher Benfield, Michael Esposito, J. J. Frudden. (Jackson, Wesley) |
| Filing 34 MOTION to Unrestrict Criminal Records Pursuant to OCGA 35-3-37 with Brief In Support by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn. (Attachments: #1 Brief Memorandum of Law in Support of Defendants' Motion to Unrestrict Criminal Records, #2 Exhibit A - Restricted Record, #3 Text of Proposed Order)(Jackson, Wesley) |
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Filing 33
ORDER granting #32 Consent MOTION for Extension of Time Respond to Plaintiffs October 18th Motions and Responses. The deadline for defendants' Response to Plaintiff's Motion to Amend, Response to Plaintiff's Motion to Exclude, Reply in Support of Defendants' Michael Esposito, J.J. Frudden, and Christopher Benfield's Motion for Judgment on the Pleadings, and Reply in Support of City of Alpharetta, John Robison, and R.A. Splawn's Motion for Judgment on the is hereby extended through and including November 15, 2022. Signed by Judge Eleanor L. Ross on 10/28/22. (ceo)
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| Filing 32 Consent MOTION for Extension of Time Respond to Plaintiffs October 18th Motions and Responses by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn. (Attachments: #1 Text of Proposed Order Proposed Order Granting Consent Motion to Extend Time for Defendants to Answer or Otherwise Respond to Plaintiff's October 18th Motions and Responses)(Jackson, Wesley) |
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Filing 31
ORDER: For good cause shown, Defendants' "Motion to Stay Local Rule Deadline and Discovery Pending the Court's Ruling on Defendants' Motions for Judgment on the Pleadings" is GRANTED. #24 . The Court hereby STAYS discovery in this matter along with the Parties' deadlines pursuant to the Local Rules of this district to conduct their Rule 26(f) conference and to submit a Joint Preliminary Report and Discovery Plan. This stay will continue until the Court rules on Defendants' pending motions for judgment on the pleadings. Signed by Judge Eleanor L. Ross on 10/19/22. (ceo)
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| Filing 30 RESPONSE in Opposition re #23 MOTION for Judgment on the Pleadings filed by Travis Moya. (Lee, Dianna) |
| Filing 29 RESPONSE in Opposition re #22 MOTION for Judgment on the Pleadings filed by Travis Moya. (Lee, Dianna) |
| Filing 28 MOTION to Exclude Extrinsic Videos and Evidence with Brief In Support by Travis Moya. (Lee, Dianna) |
| Filing 27 MOTION for Leave to File First Amended Complaint with Brief In Support by Travis Moya. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Lee, Dianna) |
| Submission of #24 MOTION to Stay Local Rule Deadlines and Discovery Pending the Court's Ruling on Defendants' Motions for Judgment on the Pleadings, to District Judge Eleanor L. Ross. (ceo) |
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Filing 26
ORDER: Plaintiff's Motion to Reopen and Extend Time is GRANTED #25 . Accordingly, the deadlines for Plaintiffs to respond to Defendants Chris Benfield, Michael Esposito, and J.J. Frudden #22 and Defendants City of Alpharetta, John Robison, and R.A. Splawn's Motions for Judgment on the Pleadings #23 are extended through and until October 18, 2022. Signed by Judge Eleanor L. Ross on 10/5/22. (ceo)
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| Filing 25 Consent MOTION for Extension of Time for Plaintiff to File Response to Defendants' Motions for Judgment on the Pleadings re: #23 MOTION for Judgment on the Pleadings , #22 MOTION for Judgment on the Pleadings by Travis Moya. (Attachments: #1 Text of Proposed Order)(Lee, Dianna) |
| Filing 24 MOTION to Stay Local Rule Deadlines and Discovery Pending the Court's Ruling on Defendants' Motions for Judgment on the Pleadings by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn. (Attachments: #1 Text of Proposed Order)(Jackson, Wesley) |
| Filing 23 MOTION for Judgment on the Pleadings with Brief In Support by City of Alpharetta, John Robison, R. A. Splawn. (Attachments: #1 Brief, #2 Exhibit A (Use of Force Policy), #3 Exhibit B (Canine Policy), #4 Exhibit C (Campbell Order))(Jackson, Wesley) |
| Filing 22 MOTION for Judgment on the Pleadings with Brief In Support by Christopher Benfield, Michael Esposito, J. J. Frudden. (Attachments: #1 Brief)(Jackson, Wesley) |
| One (1) USB received, scanned, and placed in the file re #20 Notice of Manual Filing (ceo) |
| Filing 21 ANSWER to #1 COMPLAINT with Jury Demand by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn. Discovery ends on 1/30/2023. (Attachments: #1 Exhibit "A" Body Camera Video, #2 Exhibit "B" 911 Call)(Jackson, Wesley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 20 NOTICE Of Filing by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn (Jackson, Wesley) |
| Filing 19 NOTICE Of Filing by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn (Jackson, Wesley) |
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Filing 18
ORDER granting #17 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint. The deadline for defendants to answer or otherwise respond to the Complaint is hereby extended through and including September 1, 2022. Signed by Judge Eleanor L. Ross on 8/22/22. (ceo)
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| Filing 17 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Christopher Benfield, City of Alpharetta, Michael Esposito, J. J. Frudden, John Robison, R. A. Splawn. (Jackson, Wesley) |
| Filing 16 Return of Service Executed. Jason Frudden served 8/3/2022, answer due 8/24/2022. (Stewart, Larry) Modified on 8/10/2022 to edit text (ane). |
| Filing 15 NOTICE Of Filing Civil Cover Sheet by Travis Moya re #1 Complaint, (Attachments: #1 Civil Cover Sheet)(Stewart, Larry) Modified on 8/10/2022 to edit text(ane). |
| Filing 14 NOTICE of Appearance by Madeleine Norine Simmons on behalf of Travis Moya (Simmons, Madeleine) |
| Filing 13 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Filing 12 Return of Service Executed by Travis Moya. Christopher Benfield served on 8/1/2022, answer due 8/22/2022. (Stewart, Larry) |
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Filing 11
ORDER OF RECUSAL. Judge Sarah E. Geraghty recused. Case reassigned to Judge Eleanor L. Ross 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 1:22-cv-02942-ELR. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Sarah E. Geraghty on 08/02/2022. (rsg)
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| Filing 10 Return of Service Executed by Travis Moya. R. A. Splawn served on 7/30/2022, answer due 8/22/2022. (Stewart, Larry) Modified dates on 8/3/2022 (ane). |
| Filing 9 Return of Service Executed by Travis Moya. Michael Esposito served on 7/30/2022, answer due 8/22/2022 (Stewart, Larry) Modified on 8/3/2022 to edit text(ane). |
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Filing 8
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 7/29/2022. (sap)
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| Filing 7 Electronic Summons Issued as to Christopher Benfield. (lwb) |
| Filing 6 Electronic Summons Issued as to J. J. Frudden. (lwb) |
| Filing 5 Electronic Summons Issued as to Michael Esposito. (lwb) |
| Filing 4 Electronic Summons Issued as to R. A. Splawn. (lwb) |
| Filing 3 Electronic Summons Issued as to John Robison. (lwb) |
| Filing 2 Electronic Summons Issued as to City of Alpharetta. (lwb) |
| Filing 1 COMPLAINT with Jury Demand filed by Travis Moya. (Filing fee $402, receipt number BGANDC-11952140) (lwb) 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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