E.F. v. Troup County School System et al
| E.F. |
| Alton White, Troup County School System, David Shumate, Troup County School District and Brian Shumate |
| 3:2019cv00141 |
| October 15, 2019 |
| US District Court for the Northern District of Georgia |
| Timothy C Batten |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 TRANSCRIPT ORDER FORM for proceedings held on 10/24/2019 before Judge Hon. Timothy C. Batten, Sr., re #22 Notice of Appeal. Court Reporter: Lori Burgess. (Choi, Eugene) |
| Set Financial Arrangements due date deadline re: #28 Transcript Order Form. Financial Arrangements due on 12/20/2019.(kac) |
Filing 27
ORDER GRANTING #23 Application to Appeal in forma pauperis. Signed by Judge Timothy C. Batten, Sr. on 12/4/19. (kac)
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| Filing 26 USCA Acknowledgment of #22 Notice of Appeal filed by E.F. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-14725-E. (kac) |
| Filing 25 RESPONSE re #21 First MOTION for Reconsideration re #20 Order on Motion for Preliminary Injunction, filed by Brian Shumate, Troup County School District, Alton White. (Britt, Russell) |
| Filing 24 USCA Appeal Transmission Letter to 11th Circuit re: #22 Notice of Appeal filed by E.F. (kac) |
| Submission of #23 APPLICATION to Appeal in forma pauperis to District Judge Timothy C. Batten Sr. (kac) |
| Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re: #22 Notice of Appeal. (kac) |
| Filing 23 APPLICATION to Appeal in forma pauperis by E.F. (kac) |
| Filing 22 NOTICE OF APPEAL as to #20 Order on Motion for Preliminary Injunction, by E.F.. Transcript Order Form due on 12/6/2019 (Attachments: #1 Supplement IFP Motion)(Choi, Eugene) |
| Filing 21 First MOTION for Reconsideration re #20 Order on Motion for Preliminary Injunction, by E.F.. (Attachments: #1 Brief)(Choi, Eugene) |
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Filing 20
ORDER DENYING WITHOUT PREJUDICE #3 Motion for Preliminary Injunction. This case is hereby stayed pending resolution of the state appeal process, and the Clerk is directed to administratively close this case. At such time as the appeals are resolved, either party may file a motion to reopen the case, and E.F. may re-file his motion for preliminary injunction. Signed by Judge Timothy C. Batten, Sr. on 10/25/2019. (usw)
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| Civil Case Terminated. (usw) |
| Filing 19 Minute Entry for Motion Hearing held on 10/24/2019 proceedings held before Judge Timothy C. Batten, Sr.: GRANTING Oral Motion for Correction of Misnomers. Clerk DIRECTED to change Defendant David Shumate on the docket to Brian Shumate; Clerk further DIRECTED to change Defendant Troup County School System on the docket to Troup County School District. Court heard argument from Plaintiff, from Defendants. Written order forthcoming.(Court Reporter Lori Burgess)(usw) |
| ORAL MOTION to Correct Misnomers for David Shumate to Brian Shumate, and Troup County School System to Troup County School District. (usw) |
| Filing 18 REPLY to Response to Motion re #3 First MOTION for Preliminary Injunction filed by E.F.. (Attachments: #1 Exhibit Ex. 5 Ltr from Taylor, #2 Appendix SBOE Decision Alvin J., #3 Appendix SBOE Decision L.W., #4 Appendix SBOE Decision J.P.)(Choi, Eugene) |
| Filing 17 NOTICE of Appearance by Pearson Kern Cunningham on behalf of David Shumate, Troup County School System, Alton White (Cunningham, Pearson) |
| Filing 16 NOTICE of Appearance by Kenneth Drew Jones on behalf of David Shumate, Troup County School System, Alton White (Jones, Kenneth) |
| Filing 15 NOTICE of Appearance by Russell Alan Britt on behalf of David Shumate, Troup County School System, Alton White (Britt, Russell) |
| Filing 14 RESPONSE re #3 First MOTION for Preliminary Injunction filed by David Shumate, Troup County School System, Alton White. (Attachments: #1 Affidavit Declaration of W. Alton White, Jr., #2 Affidavit Declaration of Dr. Brian Shumate)(Britt, Russell) |
| Clerks Notation re #2 Corporate Disclosure Statement: reviewed and approved by Judge Timothy C. Batten, Sr. (se) |
| Filing 13 NOTICE Of Filing Court Order by E.F. Pursuant to Dkt. No. #8 (Attachments: #1 Exhibit Ex. A-Music Video Transcript, #2 Exhibit Ex. B- Student Initials)(Choi, Eugene) |
| Filing 12 Return of Service Executed by E.F.. (Choi, Eugene) |
| Filing 11 Return of Service Executed by E.F.. Alton White served on 10/17/2019, answer due 11/7/2019. (Choi, Eugene) |
| Filing 10 Return of Service Executed by E.F.. Troup County School System served on 10/17/2019, answer due 11/7/2019. (Choi, Eugene) |
| Filing 9 Return of Service Executed by E.F.. David Shumate served on 10/17/2019, answer due 11/7/2019. (Choi, Eugene) |
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Filing 8
ORDER directing Plaintiff to prepare and file a transcript of the lyrics to "Consequences 2" on or before Friday, October 18. Plaintiff should also provide the first and last initials of each person in the music video who is a student at LaGrange High School. Signed by Judge Timothy C. Batten, Sr. on 10/16/19. (rsh)
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| Filing 7 Electronic Summons Issued as to David Shumate and (Attachments: #1 Summons Troup Co. School System, #2 Summons White)(rsh) |
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Filing 6
ORDER finding #5 Complaint is not frivolous, and case may proceed. Court orders expedited briefing on Plaintiff's motion #3 for preliminary injunction as follows: Defendants should file their responses on or before Monday, October 21, at 3:00 p.m. Plaintiff should file his reply on or before Wednesday, October 23 at 3:00 p.m. Plaintiff's counsel is directed to serve the summons, complaint, and a copy of this order upon Defendants. Signed by Judge Timothy C. Batten, Sr. on 10/16/19. (rsh)
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| Filing 5 COMPLAINT filed by E.F. (Attachments: #1 Civil Cover Sheet) (rsh) 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 4
ORDER granting #1 Application for Leave to Proceed in forma pauperis; however service of process shall not issue at the present time. Clerk to submit file to assigned District Judge for frivolity determination. Signed by Magistrate Judge Russell G. Vineyard on 10/16/19. (rsh)
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| Submission of #5 Complaint, for frivolity determination, to District Judge Timothy C. Batten Sr. (rsh) |
| Filing 3 First MOTION for Preliminary Injunction with Brief In Support by E.F.. (Attachments: #1 Brief BIS of Mot for PI, #2 Affidavit Decl. of E.F., #3 Affidavit Decl. of Ford, #4 Exhibit Ex. 1 Music Video (Electronic Media - DVD) #5 Exhibit Ex. 2 Charge Letter, #6 Exhibit Ex. 3 Tribunal Decision, #7 Exhibit Ex. 4 LB Decision)(Choi, Eugene) Modified on 10/15/2019 to add Exh 1 DVD at Attach 4 (rsh). |
| Filing 2 Certificate of Interested Persons by E.F. (rsh) |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by E.F. (Attachments: #1 Complaint, #2 Summons Shumate, #3 Summons - Troup Co School System, #4 Summons White, #5 Civil Cover Sheet)(rsh) |
| NOTICE of Hearing on Motion re: #3 First MOTION for Preliminary Injunction Motion Hearing set for 10/24/2019 at 01:30 PM in NEWN 3rd Floor Courtroom before Judge Timothy C. Batten Sr.(se) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis (only), to Magistrate Judge Russell G. Vineyard. (rsh) |
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