Boring et al v. Pattillo Industrial Real Estate et al
| Tod Fox, Cheryl Boring, Brent Greenwood, Ginger Jakins, Philip Brust, Roger Sims, Anthony Renteria, Ernest Jakins, Sarah Sims, Steven Nilsen, David Boring, Emily Mahannah, Jann Clark, Lisa Nilsen, Jefferson Shores Property Owners Association, Inc., Gary Mahannah, Thomas Clark and Mary Greenwood |
| MC200, LLC, Gwinnett Industries, Inc., Pattillo Industrial Real Estate, Pattillo Construction Corporation, Stone Mountain Industrial Park, Inc. and Simpson Trucking & Grading, Inc. |
| 2:2019cv00076 |
| April 17, 2019 |
| US District Court for the Northern District of Georgia |
| Richard W Story |
| Environmental Matters |
| 33 U.S.C. § 1365 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.
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Filing 40
ORDER granting #38 Motion to Stay Scheduling and Discovery Deadlines. Accordingly, the Court ORDERS that Defendants' Motion To Stay Scheduling and Discovery Deadlines is GRANTED and the deadlines set by Rules 16 and 26 of the Federal Rules of Civil Procedure and Local Rules 16.1, 16.2 and 26 are STAYED until 30 days after the Court rules on the pending Motion to Dismiss for Lack of Subject Matter Jurisdiction #34 . Signed by Judge Richard W. Story on 7/3/2019. (dgr)
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| Filing 39 MOTION to Strike #37 Reply to Response to Motion, with Brief In Support by Cheryl Boring, David Boring, Philip Brust, Jann Clark, Thomas Clark, Tod Fox, Brent Greenwood, Mary Greenwood, Ernest Jakins, Ginger Jakins, Jefferson Shores Property Owners Association, Inc., Emily Mahannah, Gary Mahannah, Lisa Nilsen, Steven Nilsen, Anthony Renteria, Roger Sims, Sarah Sims. (Sniff, Tyler) |
| Filing 38 MOTION to Stay Scheduling and Discovery Deadlines by MC200, LLC, Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc.. (Attachments: #1 Text of Proposed Order)(Parkman, William) |
| Filing 37 REPLY to Response to Motion re #34 Joint MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by MC200, LLC, Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parkman, William) |
| Submission of #34 Joint MOTION to Dismiss for Lack of Subject Matter Jurisdiction, to District Judge Richard W. Story. (rsg) |
| Filing 36 Notice for Leave of Absence for the following date(s): 07/29/19 through 08/05/19, 12/26/19 through 01/06/20, by Kevin Harrison Hudson. (Hudson, Kevin) |
| Filing 35 RESPONSE in Opposition re #34 Joint MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Cheryl Boring, David Boring, Philip Brust, Jann Clark, Thomas Clark, Tod Fox, Brent Greenwood, Mary Greenwood, Ernest Jakins, Ginger Jakins, Jefferson Shores Property Owners Association, Inc., Emily Mahannah, Gary Mahannah, Lisa Nilsen, Steven Nilsen, Anthony Renteria, Roger Sims, Sarah Sims. (Attachments: #1 Exhibit A - Plaintiffs' CWA Notice Letter, #2 Exhibit B - Notice Letter in Purvis Case, #3 Exhibit C - Notice Letter in Carney Case)(Sniff, Tyler) |
| Filing 34 Joint MOTION to Dismiss for Lack of Subject Matter Jurisdiction with Brief In Support by MC200, LLC, Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc.. (Attachments: #1 Brief)(Parkman, William) |
| Submission of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FOR INSUFFICIENT SERVICE OF PROCESS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, to District Judge Richard W. Story. (rsg) |
| Filing 33 NOTICE Of Filing Document Adopted by Reference in Plaintiffs' First Amended Complaint by Cheryl Boring, David Boring, Philip Brust, Jann Clark, Thomas Clark, Tod Fox, Brent Greenwood, Mary Greenwood, Ernest Jakins, Ginger Jakins, Jefferson Shores Property Owners Association, Inc., Emily Mahannah, Gary Mahannah, Lisa Nilsen, Steven Nilsen, Anthony Renteria, Roger Sims, Sarah Sims re #21 Amended Complaint,, (Attachments: #1 Exhibit A - Clean Water Act Notice Letter)(Sniff, Tyler) |
| Filing 32 Withdrawal of Motion #14 Joint MOTION for More Definite Statement (by Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc., MC200, LLC, Gwinnett Industries, Inc., Pattillo Construction Corporation) filed by MC200, LLC, Stone Mountain Industrial Park, Inc., Pattillo Industrial Real Estate filed by MC200, LLC, Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc.. (Parkman, William) |
| Filing 31 CERTIFICATE OF SERVICE re #30 Notice (Other) filed by Pattillo Construction Corporation REVISED CERTIFICATE OF SERVICE (Salley, Amy) |
| Filing 30 NOTICE by Pattillo Construction Corporation OF WITHDRAWAL OF MOTION TO DISMISS AS MOOT (Salley, Amy) |
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Filing 29
ORDER granting #28 Motion for Extension of Time to Answer. The Court ORDERS that the Motion is GRANTED and the Defendants' deadline to answer or otherwise respond to the First Amended Complaint is extended until June 12,2019. Signed by Judge Richard W. Story on 6/5/2019. (dgr)
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| Filing 28 Consent MOTION for Extension of Time to Answer or Otherwise Respond to the First Amended Complaint re: #21 Amended Complaint,, by MC200, LLC, Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc.. (Attachments: #1 Text of Proposed Order)(Parkman, William) Modified on 6/5/2019 to correct motion (dgr). |
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Filing 27
ORDER granting Defendant Gwinnett Industries, Inc.'s Unopposed #26 Motion to Withdraw Answer. Signed by Judge Richard W. Story on 06/03/2019. (dgr)
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| Filing 26 MOTION Unopposed Motion to Withdraw Answer #25 Answer to Complaint by Gwinnett Industries, Inc.. (Attachments: #1 Text of Proposed Order)(Gaba, Jeffrey) |
| Filing 25 ---WITHDRAWN PER #27 ORDER--- ANSWER to #1 COMPLAINT with Jury Demand by Gwinnett Industries, Inc.. Discovery ends on 10/21/2019.(Gaba, Jeffrey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 6/3/2019 (dgr). |
| Filing 24 RESPONSE in Opposition re #14 Joint MOTION for More Definite Statement (by Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc., MC200, LLC, Gwinnett Industries, Inc., Pattillo Construction Corporation) AND PLAINTIFFS' REQUEST TO DENY MOTION AS MOOT filed by Cheryl Boring, David Boring, Philip Brust, Jann Clark, Thomas Clark, Tod Fox, Brent Greenwood, Mary Greenwood, Ernest Jakins, Ginger Jakins, Jefferson Shores Property Owners Association, Inc., Emily Mahannah, Gary Mahannah, Lisa Nilsen, Steven Nilsen, Anthony Renteria, Roger Sims, Sarah Sims. (Sniff, Tyler) |
| Filing 23 RESPONSE in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cheryl Boring, David Boring, Philip Brust, Jann Clark, Thomas Clark, Tod Fox, Brent Greenwood, Mary Greenwood, Ernest Jakins, Ginger Jakins, Jefferson Shores Property Owners Association, Inc., Emily Mahannah, Gary Mahannah, Lisa Nilsen, Steven Nilsen, Anthony Renteria, Roger Sims, Sarah Sims. (Sniff, Tyler) |
| Filing 22 RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FOR INSUFFICIENT SERVICE OF PROCESS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT filed by Cheryl Boring, David Boring, Philip Brust, Jann Clark, Thomas Clark, Tod Fox, Brent Greenwood, Mary Greenwood, Ernest Jakins, Ginger Jakins, Jefferson Shores Property Owners Association, Inc., Emily Mahannah, Gary Mahannah, Lisa Nilsen, Steven Nilsen, Anthony Renteria, Roger Sims, Sarah Sims. (Sniff, Tyler) |
| Filing 21 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Steven Nilsen, Gary Mahannah, David Boring, Tod Fox, Sarah Sims, Roger Sims, Emily Mahannah, Brent Greenwood, Ernest Jakins, Jefferson Shores Property Owners Association, Inc., Cheryl Boring, Thomas Clark, Anthony Renteria, Jann Clark, Philip Brust, Ginger Jakins, Lisa Nilsen, Mary Greenwood.(Sniff, Tyler) 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 20
ORDER granting #18 Motion to Stay. The Court ORDERS that the Joint Motion To Stay Scheduling and Discovery Deadlines is GRANTED and the deadlines set by Rules 16 and 26 of the Federal Rules of Civil Procedure and Local Rules 16.1, 16.2 and 26 are STAYED until July 15, 2019. Signed by Judge Richard W. Story on 5/17/2019. (dgr)
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| Filing 19 Return of Service Executed by Steven Nilsen, Gary Mahannah, David Boring, Tod Fox, Sarah Sims, Roger Sims, Emily Mahannah, Brent Greenwood, Ernest Jakins, Jefferson Shores Property Owners Association, Inc., Cheryl Boring, Thomas Clark, Anthony Renteria, Jann Clark, Philip Brust, Ginger Jakins, Lisa Nilsen, Mary Greenwood. Simpson Trucking & Grading, Inc. served on 5/13/2019, answer due 6/3/2019. (Sniff, Tyler) |
| Filing 18 Joint MOTION to Stay Scheduling and Discovery Deadlines by MC200, LLC, Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc.. (Attachments: #1 Text of Proposed Order)(Parkman, William) |
| Filing 17 Certificate of Interested Persons by Gwinnett Industries, Inc.. (Hatcher, Todd) |
| Filing 16 Certificate of Interested Persons by MC200, LLC, Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc.. (Parkman, William) |
| Filing 15 Corporate Disclosure Statement by Simpson Trucking & Grading, Inc. by Simpson Trucking & Grading, Inc..(Marsh, C.) |
| Filing 14 Joint MOTION for More Definite Statement (by Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc., MC200, LLC, Gwinnett Industries, Inc., Pattillo Construction Corporation) with Brief In Support by MC200, LLC, Pattillo Industrial Real Estate, Stone Mountain Industrial Park, Inc.. (Attachments: #1 Brief)(Parkman, William) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Insufficient Service of Process, Or, In the Alternative, MOTION FOR A MORE DEFINITE STATEMENT with Brief In Support by Simpson Trucking & Grading, Inc.. (Attachments: #1 Brief, #2 Exhibit, #3 Exhibit)(Marsh, C.) Modified on 5/10/2019 to correct docket text (sk). |
| Filing 12 Certificate of Interested Persons by Pattillo Construction Corporation. (Hudson, Kevin) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Pattillo Construction Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hudson, Kevin) Modified on 5/10/2019 to remove duplicative wording (sk). |
| Filing 10 Return of Service Executed by Steven Nilsen, Gary Mahannah, David Boring, Tod Fox, Sarah Sims, Roger Sims, Emily Mahannah, Brent Greenwood, Ernest Jakins, Jefferson Shores Property Owners Association, Inc., Cheryl Boring, Thomas Clark, Anthony Renteria, Jann Clark, Philip Brust, Ginger Jakins, Lisa Nilsen, Mary Greenwood. Gwinnett Industries, Inc. served on 4/19/2019, answer due 5/10/2019. (Sniff, Tyler) |
| Filing 9 Return of Service Executed by Steven Nilsen, Gary Mahannah, David Boring, Tod Fox, Sarah Sims, Roger Sims, Emily Mahannah, Brent Greenwood, Ernest Jakins, Jefferson Shores Property Owners Association, Inc., Cheryl Boring, Thomas Clark, Anthony Renteria, Jann Clark, Philip Brust, Ginger Jakins, Lisa Nilsen, Mary Greenwood. MC200, LLC served on 4/19/2019, answer due 5/10/2019. (Sniff, Tyler) |
| Filing 8 Return of Service Executed by Steven Nilsen, Gary Mahannah, David Boring, Tod Fox, Sarah Sims, Roger Sims, Emily Mahannah, Brent Greenwood, Ernest Jakins, Jefferson Shores Property Owners Association, Inc., Cheryl Boring, Thomas Clark, Anthony Renteria, Jann Clark, Philip Brust, Ginger Jakins, Lisa Nilsen, Mary Greenwood. Stone Mountain Industrial Park, Inc. served on 4/19/2019, answer due 5/10/2019. (Sniff, Tyler) |
| Filing 7 Return of Service Executed by Steven Nilsen, Gary Mahannah, David Boring, Tod Fox, Sarah Sims, Roger Sims, Emily Mahannah, Brent Greenwood, Ernest Jakins, Jefferson Shores Property Owners Association, Inc., Cheryl Boring, Thomas Clark, Anthony Renteria, Jann Clark, Philip Brust, Ginger Jakins, Lisa Nilsen, Mary Greenwood. Pattillo Construction Corporation served on 4/19/2019, answer due 5/10/2019. (Sniff, Tyler) |
| Filing 6 Return of Service Executed by Steven Nilsen, Gary Mahannah, David Boring, Tod Fox, Sarah Sims, Roger Sims, Emily Mahannah, Brent Greenwood, Ernest Jakins, Jefferson Shores Property Owners Association, Inc., Cheryl Boring, Thomas Clark, Anthony Renteria, Jann Clark, Philip Brust, Ginger Jakins, Lisa Nilsen, Mary Greenwood. Pattillo Industrial Real Estate served on 4/19/2019, answer due 5/10/2019. (Sniff, Tyler) |
| Filing 5 Return of Service Executed by Steven Nilsen, Gary Mahannah, David Boring, Tod Fox, Sarah Sims, Roger Sims, Emily Mahannah, Brent Greenwood, Ernest Jakins, Jefferson Shores Property Owners Association, Inc., Cheryl Boring, Thomas Clark, Anthony Renteria, Jann Clark, Philip Brust, Ginger Jakins, Lisa Nilsen, Mary Greenwood. Simpson Trucking & Grading, Inc. served on 4/22/2019, answer due 5/13/2019. (Sniff, Tyler) |
| Filing 4 Certificate of Interested Persons by Cheryl Boring, David Boring, Philip Brust, Jann Clark, Thomas Clark, Tod Fox, Brent Greenwood, Mary Greenwood, Ernest Jakins, Ginger Jakins, Jefferson Shores Property Owners Association, Inc., Emily Mahannah, Gary Mahannah, Lisa Nilsen, Steven Nilsen, Anthony Renteria, Roger Sims, Sarah Sims. (Sniff, Tyler) |
| Filing 3 Electronic Summons Issued as to Gwinnett Industries, Inc., MC200, LLC, Pattillo Construction Corporation, Pattillo Industrial Real Estate, Simpson Trucking & Grading, Inc., Stone Mountain Industrial Park, Inc.. (Attachments: #1 Summons Pattillo Industrial Real Estate, #2 Summons Gwinnett Industries, Inc., #3 Summons MC200, LLC, #4 Summons Stone Mountain Industrial Park, Inc., #5 Summons Simpson Trucking & Grading, Inc.)(rsg) |
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Filing 2
COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk)
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| Filing 1 COMPLAINT with Jury Demand filed by David Boring, Cheryl Boring, Steven Nilsen, Lisa Nilsen, Gary Mahannah, Emily Mahannah, Tod Fox, Roger Sims, Sarah Sims, Brent Greenwood, Mary Greenwood, Ernest Jakins, Ginger Jakins, Thomas Clark, Jann Clark, Anthony Renteria, Philip Brust, Jefferson Shores Property Owners Association, Inc.. (Filing fee $400.00, receipt number AGANDC-8596614) (Attachments: #1 Exhibit A - Clean Water Act Notice Letter, #2 Civil Cover Sheet)(rsg) 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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