Whyte et al v. Noggle et al
Plaintiff: Wendy Pryor
Defendant: Caylee Noggle
Counter Defendant: Dale Whyte
Counter Claimant: Georgia Department of Community Health
Case Number: 1:2023cv00131
Filed: January 10, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: Mark H Cohen
Referring Judge: Thomas W Thrash
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2023 Filing 28 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Wendy Pryor, Dale Whyte. (Norris, Joshua)
March 9, 2023 Filing 27 Initial Disclosures by Wendy Pryor, Dale Whyte.(Norris, Joshua)
March 9, 2023 Filing 26 Initial Disclosures by Georgia Department of Community Health, Caylee Noggle.(Stiner, Gary)
March 9, 2023 Opinion or Order Filing 25 ORDER granting #24 Motion to Continue the hearing on Plaintiff Dale Whytes Motion for Preliminary Injunction currently set for March 10, 2023. The hearing will be re-scheduled on a date to be determined by the Court. Signed by Judge Mark H. Cohen on 3/9/2023. (dob)
March 9, 2023 Filing 24 Joint MOTION to Continue by Georgia Department of Community Health, Georgia Department of Community Health, Caylee Noggle, Caylee Noggle. (Attachments: #1 Proposed Order for Joint Motion for Continuance)(Stiner, Gary)
February 28, 2023 Filing 23 ANSWER to #16 Counterclaim by Wendy Pryor, Dale Whyte.(Norris, Joshua) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
February 28, 2023 Filing 22 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by Wendy Pryor, Dale Whyte. (Attachments: #1 Ex F - CMS Waiver Guide, #2 Ex G - CMS Olmstead Letter No. 4)(Norris, Joshua)
February 21, 2023 Filing 21 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Georgia Department of Community Health, Georgia Department of Community Health, Caylee Noggle, Caylee Noggle. (Stiner, Gary)
February 21, 2023 Filing 20 MOTION for Leave to File Excess Pages by Georgia Department of Community Health, Georgia Department of Community Health, Caylee Noggle, Caylee Noggle. (Stiner, Gary)
February 13, 2023 Opinion or Order Filing 19 ORDER granting in part and denying in part #15 Motion for Clarification. Defendants shall file a response to Plaintiff Dale Whyte's Motion for Preliminary Injunction by Tuesday, February 21, 2023. Any Reply in support of the Motion for Preliminary Injunction shall be filed by February 28, 2023. The Court will conduct a hearing on the Motion for Preliminary Injunction on March 10, 2023, beginning at 9 A.M. in Courtroom 1905. It is further ORDERED that briefing of Plaintiffs' Motion for Declaratory Judgment [Doc. 3] is STAYED until further Order of this Court. Signed by Judge Mark H. Cohen on 2/13/2023. (dob)
February 13, 2023 Filing 18 REPLY to Response to Motion re #15 MOTION for Clarification re: #3 MOTION for Judgment, #2 MOTION for Preliminary Injunction filed by Georgia Department of Community Health, Georgia Department of Community Health, Caylee Noggle, Caylee Noggle. (Stiner, Gary)
February 13, 2023 Clerks Notation re #11 Certificate of Interested Persons/Corporate Disclosure Statement Reviewed by Mark H. Cohen. (lme)
February 13, 2023 Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction. Responses due by 2/21/2023 Replies due by 2/28/2023. Motion Hearing set for 3/10/2023 at 09:00 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. (dob)
February 10, 2023 Filing 17 RESPONSE in Opposition re #15 MOTION for Clarification re: #3 MOTION for Judgment, #2 MOTION for Preliminary Injunction filed by Wendy Pryor, Dale Whyte. (Norris, Joshua)
February 7, 2023 Filing 16 ANSWER to #1 COMPLAINT ( Discovery ends on 7/7/2023.), COUNTERCLAIM against Wendy Pryor, Dale Whyte by Georgia Department of Community Health, Caylee Noggle.(Stiner, Gary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
February 7, 2023 Filing 15 MOTION for Clarification re: #3 MOTION for Judgment, #2 MOTION for Preliminary Injunction with Brief In Support by Georgia Department of Community Health, Caylee Noggle. (Attachments: #1 Brief Memorandum in Support of Def. Motion for Clarification of Time to Respond to Plaintiffs Motions)(LeGrande, Michelle)
February 6, 2023 Filing 14 NOTICE Of Filing Verification of Alexandria Bussey by Wendy Pryor, Dale Whyte re #1 Complaint, (Norris, Joshua)
February 6, 2023 Filing 13 Amended Certificate of Interested Persons and Corporate Disclosure Statement by Wendy Pryor, Dale Whyte. (Norris, Joshua)
February 3, 2023 Filing 12 NOTICE of Appearance by Michelle LeGrande on behalf of Georgia Department of Community Health, Caylee Noggle (LeGrande, Michelle)
February 3, 2023 Filing 11 Certificate of Interested Persons and Corporate Disclosure Statement by Wendy Pryor, Dale Whyte. (Norris, Joshua)
January 19, 2023 Filing 10 Certificate of Service by Wendy Pryor, Dale Whyte re #3 MOTION for Judgment (Norris, Joshua) Modified on 1/20/2023 to edit event selected (dob).
January 19, 2023 Filing 9 Certificate of Service by Wendy Pryor, Dale Whyte re #2 MOTION for Preliminary Injunction (Norris, Joshua) Modified on 1/20/2023 to edit event selected (dob).
January 19, 2023 Filing 8 Return of Service Executed by Dale Whyte, Wendy Pryor. Georgia Department of Community Health served on 1/17/2023, answer due 2/7/2023. (Norris, Joshua)
January 19, 2023 Filing 7 Return of Service Executed by Dale Whyte, Wendy Pryor. Caylee Noggle served on 1/17/2023, answer due 2/7/2023. (Norris, Joshua)
January 18, 2023 Opinion or Order Filing 6 STANDING ORDER re: Civil Litigation. Signed by Judge Mark H. Cohen on 1/18/2023. (lme)
January 17, 2023 Opinion or Order Filing 5 ORDER REASSIGNING CASE. Case reassigned to Judge Mark H. Cohen for all further proceedings. Judge Thomas W. Thrash, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:23-cv-00131-MHC. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr. on 01/17/2023. (rsg)
January 11, 2023 Filing 4 Electronic Summons Issued as to Georgia Department of Community Health, Caylee Noggle. (Attachments: #1 Summons GA Dept. of Community Health)(rlh)
January 11, 2023 Submission of #2 MOTION for Preliminary Injunction and #3 MOTION for Judgment, to District Judge Thomas W. Thrash Jr.. (rlh)
January 10, 2023 Filing 3 MOTION for Declaratory Judgment with Brief In Support by Wendy Pryor, Dale Whyte. (Attachments: #1 Brief, #2 Ex A - ICWP 2022 Renewal Application, #3 Ex B - ICWP Manual 01-01-2022, #4 Ex C - Plaintiff Whyte's ICWP Denial Notice Letter 08-29-2022, #5 Ex D - Plaintiff Pryor's ICWP Denial Notice Letter 07-20-21)(rlh)
January 10, 2023 Filing 2 MOTION for Preliminary Injunction with Brief In Support by Wendy Pryor, Dale Whyte. (Attachments: #1 Brief, #2 Ex A - ICWP 2022 Renewal Application, #3 Ex B - ICWP Manual 01-01-2023, #4 Ex C - Plaintiff Whyte's ICWP Application, #5 Ex D - Plaintiff Whyte's ICWP Participant Assessment Form, #6 Ex E - ICWP Denial Letter 08-29-2022)(rlh)
January 10, 2023 Filing 1 COMPLAINT filed by Dale Whyte, Wendy Pryor (Filing fee $402, receipt number AGANDC-12310979) (Attachments: #1 Civil Cover Sheet)(rlh) 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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Counter defendant: Dale Whyte
Represented By: Joshua H. Norris
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Plaintiff: Wendy Pryor
Represented By: Joshua H. Norris
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Defendant: Caylee Noggle
Represented By: Mark Douglas Oldenburg
Represented By: Rachel M. O'Toole
Represented By: Michelle LeGrande
Represented By: Gary V. Stiner, Jr.
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Counter claimant: Georgia Department of Community Health
Represented By: Mark Douglas Oldenburg
Represented By: Rachel M. O'Toole
Represented By: Gary V. Stiner, Jr.
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