United States of America v. An Easement and Right-Of-Way Over 0.35 Acre of Land, More of Less, in Fannin County, Georgia et al
Plaintiff: United States of America
Defendant: An Easement and Right-Of-Way Over 0.35 Acre of Land, More of Less, in Fannin County, Georgia, Cardinal Assets - 5101, LLC and Regions Bank doing business as Regions Mortgage
Case Number: 2:2023cv00248
Filed: November 20, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: Richard W Story
Nature of Suit: Condemnation
Cause of Action: 16 U.S.C. ยง 0831 Actions re: rights of Tennessee Valley Authority
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2023 Filing 11 NOTICE by United States of America of Completion of Service of Pleadings upon all Defendants as of December 7, 2023 (Attachments: #1 Certificate of Service and Affidavit of Service - Cardinal Assets - Defendant 5105, LLC, #2 Certificate of Service and Affidavit of Service - Defendant Regions Bank)(Chase, James)
December 8, 2023 Filing 10 NOTICE of Appearance by George Edwin Butler, II on behalf of Cardinal Assets - 5101, LLC (Butler, George)
November 27, 2023 Opinion or Order Filing 9 COURT NOTICE OF FILING: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk)
November 22, 2023 Opinion or Order Filing 8 ORDER OF POSSESSION. Pursuant to 40 U.S.C. 3114-3118, which authorizes the Court "to give the Government immediate possession of the [condemned] property," United States v. Miller, 317 U.S. 369, 381 (1943), it is hereby ORDERED that the Tennessee Valley Authority ("TVA"), as agent of the United States of America, be put into immediate possession of the property described in the Declaration of Taking filed in this action to the extent necessary to permit TVA to carry on any of its operations described in the pleadings filed herein, and that the Defendants in such action surrender possession of said property to the TVA. Signed by Judge Richard W. Story on 11/22/2023. (sk)
November 22, 2023 Filing 7 MOTION Ex Parte Motion for Entry of an Order of Immediate Possession with Brief In Support by United States of America. (Attachments: #1 Text of Proposed Order Proposed Order of Possession, #2 Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of an Order of Immediate Possession)(Chase, James)
November 22, 2023 Filing 6 NOTICE by United States of America of Tendering Deposit (Chase, James)
November 22, 2023 Funds Deposited per #5 Order: $ 68,400, receipt number 200000208. (ddm)
November 21, 2023 Opinion or Order Filing 5 ORDER granting #4 Plaintiff's Ex Parte Motion for Entry of an Order Directing Deposit of Funds. Signed by Judge Richard W. Story on 11/21/2023. (ddm)
November 20, 2023 Filing 4 Plaintiff's Ex Parte Motion for Entry of an Order Directing Deposit of Funds with Brief In Support by United States of America. (Attachments: #1 Text of Proposed Order Proposed Order Directing Deposit of Funds, #2 Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of an Order Directing Deposit of Funds)(Belk, Lamont) Modified on 11/21/2023 to edit docket text (ddm).
November 20, 2023 Filing 3 NOTICE OF CONDEMNATION filed by United States of America. (Attachments: #1 Property Description)(ddm)
November 20, 2023 Filing 2 DECLARATION OF TAKING filed by United States of America. (Attachments: #1 Property Description, #2 Map)(ddm)
November 20, 2023 Filing 1 COMPLAINT filed by United States of America. (Attachments: #1 Property Description, #2 Civil Cover Sheet)(ddm) 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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Plaintiff: United States of America
Represented By: Lamont A. Belk
Represented By: James S. Chase
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Defendant: An Easement and Right-Of-Way Over 0.35 Acre of Land, More of Less, in Fannin County, Georgia
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Defendant: Cardinal Assets - 5101, LLC
Represented By: George Edwin Butler, II
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Defendant: Regions Bank doing business as Regions Mortgage
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