South River Watershed Alliance, Inc. v. City of Atlanta et al
| South River Watershed Alliance, Inc. |
| City of Atlanta and Atlanta Police Foundation, Inc. |
| 1:2023cv03416 |
| August 1, 2023 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Environmental Matters |
| 33 U.S.C. § 1365 Environmental Matters |
| None |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #15 MOTION for Preliminary Injunction , to District Judge J. P. Boulee. (jkl) |
| Filing 25 NOTICE Of Filing Declarations by South River Watershed Alliance, Inc. re #15 MOTION for Preliminary Injunction (Attachments: #1 Exhibit FF - Evan Hansen Declaration 9-27, #2 Exhibit GG - Sarah Ledford Declaration 9-27, #3 Exhibit HH - Joe Peery Declaration 9-25, #4 Exhibit II - Elizabeth Sudduth Declaration 9-27, #5 Exhibit JJ - Bradley Beadles Declaration 9-27, #6 Exhibit KK - Theron Bowman Declaration 9-27, #7 Exhibit LL - Barry Sulkin Declaration, #8 Exhibit MM - Amanda Aragon Declaration, #9 Exhibit NN - Jon Schwartz Declaration, #10 Exhibit OO - Guidance Designated Use)(Schwartz, Jonathan) |
| Filing 24 NOTICE Of Filing by Atlanta Police Foundation, Inc., City of Atlanta re #19 Response in Opposition to Motion,,, (Attachments: #1 Supplemental Declaration of Jessica Webster, #2 Supplemental Declaration of Alan Williams, #3 Declaration of James McLemore, #4 Declaration of James D. McClure, #5 Declaration of Elisha Brown)(Droze, William) |
| Filing 23 Request for Leave of Absence for the following date(s): Oct 19-20, 2023, Oct 30-31, 2023, Nov 2-3, 2023, Dec 26-29, 2023, Feb 14-16, 2024, Feb 19-23, 2024, Feb 26-27, 2024, by Jonathan Lee Schwartz. (Attachments: #1 Text of Proposed Order)(Schwartz, Jonathan) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Atlanta Police Foundation, Inc., City of Atlanta. (Attachments: #1 Exhibit A-July 17 Response Letter, #2 Exhibit B-SRWA CWA Notice Letter)(Droze, William) |
For good cause shown, Defendants' unopposed #20 Motion for Leave to File Excess Pages is GRANTED. IT IS HEREBY ORDERED that Defendants are permitted to file a 30-page brief in support of their Motion to Dismiss. So ordered by Judge J. P. Boulee on 9/21/2023. (jkl)
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| Filing 21 REPLY BRIEF re #15 MOTION for Preliminary Injunction filed by South River Watershed Alliance, Inc.. (Attachments: #1 Exhibit CC - County Inspection Reports Feb 2023, #2 Exhibit DD - Evan Hansen Affidavit, #3 Exhibit EE - Sarah Ledford Declaration)(Schwartz, Jonathan) |
| Filing 20 Unopposed MOTION for Leave to File Excess Pages by City of Atlanta. (Attachments: #1 Text of Proposed Order)(Droze, William) |
| Filing 19 RESPONSE in Opposition re #15 MOTION for Preliminary Injunction filed by Atlanta Police Foundation, Inc., City of Atlanta. (Attachments: #1 Ex A - Affidavit of Anna Truszczynski, #2 Ex B - Verified Complaint for injunctive Relief, #3 Ex C - Order Denying Motion for TRO, #4 Ex D - Petition for Hearing, #5 Ex E - EPD's Motion to Dismiss or in the Alternative Motion for Summary Determination, #6 Ex F - Motion for Summary Determination, #7 Ex G - Petitioner's Withdrawal of Hearing Request, #8 Ex H - Final Decision Order of Dismissal, #9 Ex I (Part 1 of 3) - Declaration of Alan Williams, #10 Ex I (Part 2 of 3) - Declaration of Alan Williams, #11 Ex I (Part 3 of 3) - Declaration of Alan Williams, #12 Ex J - Declaration of Robert Baskin, #13 Ex K - Declaration of Jeremiah Phillips, #14 Ex L - Declaration of Jessica Webster, #15 Ex M - Declaration of Chief Darin Schierbaum)(Droze, William) |
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Filing 18
ORDER: Defendants shall file a response to Plaintiff's #15 MOTION for Preliminary Injunction no later than 9/6/2023. Plaintiff shall file a reply in support of its motion no later than 9/20/2023. If either party wishes to supplement their briefing with declarations or evidence not included in the motion, response or reply, that party shall do so no later than 9/27/2023. Signed by Judge J. P. Boulee on 9/1/2023. (nmb)
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| Filing 17 NOTICE by South River Watershed Alliance, Inc. re #15 MOTION for Preliminary Injunction Joint Proposed Briefing Schedule (Schwartz, Jonathan) |
| Filing 16 NOTICE Of Filing Declaration of Joe Peery by South River Watershed Alliance, Inc. re #15 MOTION for Preliminary Injunction (Schwartz, Jonathan) |
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The Court is in receipt of Plaintiff's #15 Motion for Preliminary Injunction and of the parties' joint request for expedited consideration of the motion. The parties are HEREBY DIRECTED to confer and submit a joint proposed briefing schedule for the motion no later than Tuesday, August 29, 2023. SO ORDERED by Judge J. P. Boulee on 8/24/2023. (jkl)
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| Filing 15 MOTION for Preliminary Injunction with Brief In Support by South River Watershed Alliance, Inc.. (Attachments: #1 Brief Brief in Support of Motion for Preliminary Injunction, #2 Appendix Exhibit Index, #3 Exhibit A - General Permit GAR100001, #4 Exhibit B - Notice of Intent, #5 Exhibit C - Ga. Comp. R. & Regs. 391-3-6-.03, #6 Exhibit D - EPD Guidance for Recommending a Change in Designated Use, #7 Exhibit E - EPD 2022 305(b) / 303(d) List (excerpt), #8 Exhibit F - 2007 TMDL, #9 Exhibit G - 2017 TMDL, #10 Exhibit H - Evan Hansen Declaration, #11 Exhibit I - Elizabeth Sudduth Declaration, #12 Exhibit J - Joseph Severin, P.E., Affidavit, #13 Exhibit K - Site Plan Plat, #14 Exhibit L - Bradley Beadles Declaration, #15 Exhibit M - Bradley Beadles Affidavit, #16 Exhibit N - Amy Taylor Declaration, #17 Exhibit O - Joe Peery Declaration, #18 Exhibit P - USGS Scientific Investigations Report, #19 Exhibit Q - Sarah Ledford Affidavit, #20 Exhibit R - EPA, Questions and Answers on Antidegradation, #21 Exhibit S - Jacqueline Echols Affidavit, #22 Exhibit T - Updated Construction Schedule, #23 Exhibit U - Site Plan Sheet EC-100, #24 Exhibit V - Gregory Hubbard Declaration, #25 Exhibit W - Amy Taylor Affidavit, #26 Exhibit X - Theron Bowman Declaration, #27 Exhibit Y - Chicago Joint Public Safety Training Academy, #28 Exhibit Z - NYPD Academy, #29 Exhibit AA - Atlanta City Code, Part I, Sec. 3-601, #30 Exhibit BB - EPD Certified Records)(Schwartz, Jonathan) |
| Filing 14 NOTICE of Appearance by Kadeisha West on behalf of City of Atlanta (West, Kadeisha) |
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For good cause shown, the Consent Motion for Extension of Time [Doc. #8 ] is GRANTED. IT IS HEREBY ORDERED that Defendants' deadline to respond to Plaintiff's Complaint is extended through and including 9/21/2023. Signed by Judge J. P. Boulee on 8/17/2023. (nmb)
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| Filing 13 NOTICE of Appearance by Simon Howard Bloom on behalf of Atlanta Police Foundation, Inc. (Bloom, Simon) |
| Filing 12 NOTICE of Appearance by Andrei Vlad Ionescu on behalf of Atlanta Police Foundation, Inc. (Ionescu, Andrei) |
| Filing 11 Return of Service Executed by South River Watershed Alliance, Inc.. City of Atlanta served on 8/10/2023, answer due 8/31/2023. (Schwartz, Jonathan) |
| Filing 10 NOTICE of Appearance by Troy R. Covington on behalf of Atlanta Police Foundation, Inc. (Covington, Troy) |
| Filing 9 ACKNOWLEDGMENT OF SERVICE Executed filed by Atlanta Police Foundation, Inc.. Atlanta Police Foundation, Inc. served on 8/16/2023. (Covington, Troy) |
| Filing 8 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by City of Atlanta. (Attachments: #1 Text of Proposed Order)(Droze, William) |
| Filing 7 Electronic Summons Issued as to City of Atlanta. (nmb) |
| Filing 6 Request for Leave of Absence for the following date(s): Aug 14-16, 2023, Oct 19-20, 2023, Dec 21-22, 2023, Dec 26-29, 2023, Feb 15-16, 2024, Feb 19-23, 2024, Feb 24, 2024, by Jonathan Lee Schwartz. (Attachments: #1 Text of Proposed Order Proposed Order Granting Leave of Absence)(Schwartz, Jonathan) |
| Filing 5 PROPOSED SUMMONS filed by South River Watershed Alliance, Inc. (Schwartz, Jonathan) |
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Filing 4
STANDING ORDER. Signed by Judge J. P. Boulee on 8/3/2023. (jkl)
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| Filing 3 Electronic Summons Issued as to Atlanta Police Foundation, Inc.. (pdt) |
| Filing 2 (DOCUMENT FILED IN ERROR) Electronic Summons Issued as to City of Atlanta. (pdt) Modified on 8/14/2023 to edit docket text (pdt). |
| Filing 1 COMPLAINT for Injunctive Relief filed by South River Watershed Alliance, Inc. (Filing fee $402, receipt number AGANDC-12784832) (Attachments: #1 Exhibit Clean Water Act Notice Letter, #2 Civil Cover Sheet) (pdt) 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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