Clark et al v. LC Halsten LLC et al
| Larry Clark, Sr. |
| LC Halsten LLC doing business as The Halsten At Vinings Mountain, BH Management Services, LLC, Castlegate Property Group, 3000 Cumberland Club Drive LP doing business as The Halsten At Vinings Mountains, David R. Passino, Judge Michael McLaughlin, Judge David P. Darden, Judge Eric R. Brewton, And 99 Other Unknown Private Defendants and Their Insurers and And/Or The Unknown Successor Judges to Cobb County Magistrate Judge Michael Mclaughling |
| 1:2022cv03620 |
| September 8, 2022 |
| US District Court for the Northern District of Georgia |
| Timothy C Batten |
| Civil Rights: Other |
| Both |
Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 NOTICE Of Filing Notice of Medical Treatment (dmb) |
| Filing 26 MOTION for Extension of Time to file amended or supplemental petition by Larry Clark, Sr.. (dmb) |
| Filing 25 REPLY to Response to Motion re #11 Motion to Dismiss for Failure to State a Claim filed by Eric R. Brewton. (Bruce, Lauren) |
| Filing 24 MOTION for Judgment on the Pleadings or in the alternative, MOTION TO STAY with Brief In Support by 3000 Cumberland Club Drive LP, Castlegate Property Group. (Attachments: #1 Brief Memorandum in Support)(Wilkins, Matthew) . Added MOTION to Stay on 10/27/2022 (aaq). |
| Filing 23 MOTION for Judgment on the Pleadings or, in the Alternative, to Stay with Brief In Support by BH Management Services, LLC. (Attachments: #1 Brief in Support of MJP or, in the Alternative, to Stay)(Kershaw, Jeffrey) . Added MOTION to Stay on 10/19/2022 (gas). |
| Filing 22 AFFIDAVIT of Service of summons in State Court civil action made by the Gwinnett County Sheriff and/or by Fulton County Sheriff and/or that was attempted to be made by the Sheriff on the following Defendants in State Court, as to BH Management Services, LLC; LC Hals Ten, LLC and David R. Passino. (rsg) |
| Filing 21 RESPONSE in Opposition re #11 Motion to Dismiss for Failure to State a Claim filed by Larry Clark, Sr. (gas) |
Filing 20
ORDER that Defendant Passino's motions [ #5 , #7 ] are granted, and Defendants BH Management Services, 3000 Cumberland Club Dr., and Castlegate Property Group's motions [ #3 , #9 ] are denied. If Defendants BH Management Services, 3000 Cumberland Club Dr., and Castlegate Property Group wish to additionally assert that Plaintiff fails to state a claim upon which relief can be granted, they may file motions for judgment on the pleadings within fourteen days of this order pursuant to Federal Rule of Civil Procedure 12(c) and (h)(2). Plaintiff's motion to consolidate this case with 1:22-cv-1770 #17 is denied as moot because that case is now terminated. Plaintiff's motion for extension #19 is granted in part and denied in part. Plaintiff shall have thirty days from the date of this order to file a response to Defendant Eric Brewton's motion to dismiss. Plaintiff shall have thirty days to respond to any impending motions for judgment on the pleadings, if any, filed by BH Management Services, 3000 Cumberland Club Dr., and Castlegate Property Group. Plaintiff's motion to stay #2 is denied, and the Court adopts its reasoning in response to an identical motion at 1:22-cv-1770, Dkt. 16. Finally, the Court grants Defendant Eric Brewton's motion to stay discovery #16 as to all Defendants pending rulings on his motion to dismiss and any motions for judgment on the pleadings to be filed by other Defendants. Signed by Judge Timothy C. Batten, Sr. on 10/13/2022. (rsg)
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| Clerk's Certificate of Mailing as to Larry Clark, Sr. re #20 Order on Motions. (rsg) |
| Submission of #16 MOTION to Stay Discovery, to District Judge Timothy C. Batten Sr. (usw) |
| Filing 19 MOTION for Extension of Time to File a Response to Various Motions re: #11 Motion to Dismiss for Failure to State a Claim, #3 MOTION to Dismiss MOTION for Judgment, #7 MOTION to Dismiss by Larry Clark, Sr. (gas) |
| Filing 18 RESPONSE in Support re #16 MOTION to Stay Discovery But, As to All Parties filed by Larry Clark, Sr (gas) |
| Filing 17 MOTION to Consolidate Case with 1:22-cv-1770-TCB. by Larry Clark, Sr. (gas) |
| Submission of #11 Motion to Dismiss for Failure to State a Claim, to District Judge Timothy C. Batten Sr.. (jkb) |
| Filing 16 MOTION to Stay Discovery with Brief In Support by Eric R. Brewton. (Attachments: #1 Brief in Support of Motion to Stay Discovery, #2 Text of Proposed Order)(Bruce, Lauren) |
| Clerks Notation re #14 Certificate of Interested Persons. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw) |
| Filing 15 Initial Disclosures by BH Management Services, LLC.(Kershaw, Jeffrey) |
| Filing 14 Certificate of Interested Persons by BH Management Services, LLC. (Kershaw, Jeffrey) |
| Filing 13 NOTICE of Appearance by Hugh William Rowling, Jr on behalf of Eric R. Brewton (Rowling, Hugh) |
| Filing 12 NOTICE of Appearance by Matthew Michael Wilkins on behalf of 3000 Cumberland Club Drive LP, Castlegate Property Group (Wilkins, Matthew) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim with Brief In Support by Eric R. Brewton. (Attachments: #1 Brief In Support of Motion to Dismiss)(Bruce, Lauren) Modified on 9/16/2022 to edit text (gas). |
| Filing 10 INSTRUCTIONS TO PARTIES AND COUNSEL. Signed by Judge Timothy C. Batten, Sr. on 09/15/2022. (rsg) |
| Clerk's Certificate of Mailing as to Larry Clark, Sr. re #10 Order. (rsg) |
| Filing 9 NOTICE Of Filing by 3000 Cumberland Club Drive LP, Castlegate Property Group (Wilkins, Matthew) |
| Filing 8 Certificate of Interested Persons and Corporate Disclosure Statement by David R. Passino identifying Corporate Parent BH Management, Corporate Parent 3000 Cumberland Club Dr. LP, Corporate Parent Daivd R. Passino, Corporate Parent Castlegate Property Group, Corporate Parent Larry Clark, Corporate Parent L C Halsten LLC, Corporate Parent Michael McLaughing, Corporate Parent David P. Darden for David R. Passino. (Frisch, Eric) |
| Clerks Notation re #8 Certificate of Interested Persons. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw) |
| Submission of #7 MOTION to Dismiss, #2 MOTION to Stay, #3 MOTION to Dismiss MOTION for Judgment, #5 MOTION for Bill of Peace, to District Judge Timothy C. Batten Sr. (gas) |
| Filing 7 MOTION to Dismiss with Brief In Support by David R. Passino. (Originally filed in Cobb County Superior Court on 8/2/2022) (gas) |
| Filing 6 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by David R. Passino. (Originally filed in Superior Court of Cobb County on 8/2/2022)(gas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 5 MOTION for Bill of Peace with Brief In Support by David R. Passino. (Originally filed in Cobb County Superior Court on 8/2/2022) (gas) |
| Filing 4 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by BH Management Services, LLC. Discovery ends on 2/6/2023. (Originally filed in Superior Court of Cobb County 8/31/2022)(gas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 3 MOTION to Dismiss, MOTION for Judgment with Brief In Support by BH Management Services, LLC. (Originally filed in Cobb County Superior Court 8/31/2022) (gas) |
| Filing 2 MOTION to Stay by Larry Clark, Sr. (Originally filed in Cobb County Superior Court on 7/29/2022)(gas) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Eric R. Brewton.. (Filing fee $ 402 receipt number AGANDC-12052984) (Attachments: #1 Exhibit Superior Court Pleadings, #2 Civil Cover Sheet)(gas) 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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