Davis et al v. Cate et al
Plaintiff: Joseph Davis, Jane Fraser, Jackie Magnant, Rose Murphy and Derek Murray
Defendant: Henry Vassa Cate, Village Creek Associates, LLC, Missoe, LLC, Creek Holdings III, LLC, Village Creek Landing, LLC and Palmetto Building Group
Case Number: 2:2023cv00051
Filed: April 20, 2023
Court: US District Court for the Southern District of Georgia
Presiding Judge: Benjamin W Cheesbro
Referring Judge: Lisa G Wood
Nature of Suit: Other Statutory Actions
Cause of Action: 33 U.S.C. § 1319 Clean Water Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2023 Opinion or Order Filing 34 ORDER granting #33 Consent Motion for Clerk's Extension of Time (LR 6.1). Defendant Village Creek Landing, LLC's responsive pleading is due on or before July 10, 2023. Signed by Deputy Clerk on 6/15/2023. (csr)
June 15, 2023 Filing 33 Consent Motion for Clerks Extension of Time (LR 6.1) to JULY 10, 2023 TO FILE RESPONSIVE PLEADINGS by Village Creek Landing, LLC. Responses due by 6/29/2023. (Attachments: #1 Text of Proposed Order PROPOSED ORDER)(Watkins, Bradley)
June 15, 2023 Set/Reset Deadlines: Village Creek Landing, LLC answer due 7/10/2023. (csr)
May 23, 2023 Opinion or Order Filing 32 TEXT ORDER granting #16 Motion for Leave to Appear Pro Hac Vice by Lewis Jones. Jason Tate has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on May 23, 2023. (edd)
May 23, 2023 Opinion or Order Filing 31 TEXT ORDER granting #15 Motion for Leave to Appear Pro Hac Vice by John Fortuna. Jason Tate has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on May 23, 2023. (edd)
May 23, 2023 Opinion or Order Filing 30 TEXT ORDER granting #13 Motion for Leave to Appear Pro Hac Vice by John Brunini. E. Righton Lewis has entered an appearance in this case and vouches she will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on May 23, 2023. (edd)
May 23, 2023 Opinion or Order Filing 29 TEXT ORDER granting #12 Motion for Leave to Appear Pro Hac Vice by Laura Heusel. E. Righton Lewis has entered an appearance in this case and vouches she will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on May 23, 2023. (edd)
May 22, 2023 MOTIONS REFERRED: #13 MOTION for Leave to Appear Pro Hac Vice for John Brunini Receipt Number AGASDC-3582481, Fee Amount $200, #12 MOTION for Leave to Appear Pro Hac Vice of Laura D. Heusel Receipt Number AGASDC-3582447, Fee Amount $200. (csr)
May 19, 2023 Filing 28 NOTICE of Filing by Joseph Davis, Jane Fraser, Jackie Magnant, Rose Murphy, Derek Murray re #13 MOTION for Leave to Appear Pro Hac Vice for John Brunini Receipt Number AGASDC-3582481, Fee Amount $200, (Attachments: #1 Exhibit Certificate of Good Standing)(J. Lewis, E.)
May 19, 2023 Filing 27 NOTICE of Filing by Joseph Davis, Jane Fraser, Jackie Magnant, Rose Murphy, Derek Murray re #12 MOTION for Leave to Appear Pro Hac Vice of Laura D. Heusel Receipt Number AGASDC-3582447, Fee Amount $200, (Attachments: #1 Exhibit Certificate of Good Standing)(J. Lewis, E.)
May 19, 2023 Filing 26 WAIVER OF SERVICE Returned Executed by Jane Fraser, Rose Murphy, Derek Murray, Joseph Davis, Jackie Magnant. Village Creek Associates, LLC waiver sent on 5/9/2023, answer due 7/10/2023. (J. Lewis, E.)
May 19, 2023 Filing 25 WAIVER OF SERVICE Returned Executed by Jane Fraser, Rose Murphy, Derek Murray, Joseph Davis, Jackie Magnant. Palmetto Building Group waiver sent on 5/9/2023, answer due 7/10/2023. (J. Lewis, E.)
May 19, 2023 Filing 24 WAIVER OF SERVICE Returned Executed by Jane Fraser, Rose Murphy, Derek Murray, Joseph Davis, Jackie Magnant. Missoe, LLC waiver sent on 5/9/2023, answer due 7/10/2023. (J. Lewis, E.)
May 19, 2023 Filing 23 WAIVER OF SERVICE Returned Executed by Jane Fraser, Rose Murphy, Derek Murray, Joseph Davis, Jackie Magnant. Henry Vassa Cate waiver sent on 5/9/2023, answer due 7/10/2023. (J. Lewis, E.)
May 19, 2023 Filing 22 WAIVER OF SERVICE Returned Executed by Jane Fraser, Rose Murphy, Derek Murray, Joseph Davis, Jackie Magnant. Creek Holdings III, LLC waiver sent on 5/9/2023, answer due 7/10/2023. (J. Lewis, E.)
May 19, 2023 Filing 21 NOTICE of Filing Deficiency re: #18 Waiver of Service Executed. (csr)
May 19, 2023 Filing 20 NOTICE of Filing by Henry Vassa Cate, Creek Holdings III, LLC, Missoe, LLC, Palmetto Building Group, Village Creek Associates, LLC re #16 MOTION for Leave to Appear Pro Hac Vice - Lewis B. Jones Receipt Number AGASDC-3586372, Fee Amount $200, (Tate, Jason)
May 19, 2023 Filing 19 NOTICE of Filing by Henry Vassa Cate, Creek Holdings III, LLC, Missoe, LLC, Palmetto Building Group, Village Creek Associates, LLC re #15 MOTION for Leave to Appear Pro Hac Vice - John L. Fortuna Receipt Number AGASDC-3586362, Fee Amount $200, (Tate, Jason)
May 19, 2023 MOTIONS REFERRED: #13 MOTION for Leave to Appear Pro Hac Vice for John Brunini Receipt Number AGASDC-3582481, Fee Amount $200, and #15 MOTION for Leave to Appear Pro Hac Vice - John L. Fortuna Receipt Number AGASDC-3586362, Fee Amount $200. (csr)
May 18, 2023 Filing 18 WAIVER OF SERVICE Returned Executed by Village Creek Landing, LLC. Village Creek Landing, LLC waiver sent on 4/26/2023, answer due 6/26/2023. (Watkins, Bradley) (Additional attachment(s) added on 5/19/2023: #1 Flattened PDF) (csr).
May 17, 2023 Filing 17 NOTICE of Filing Deficiency re #15 MOTION for Leave to Appear Pro Hac Vice - John L. Fortuna, #16 MOTION for Leave to Appear Pro Hac Vice - Lewis B. Jones. After 14 days a notice of noncompliance will be submitted to a judicial officer for possible sanctions, to include dismissal. Compliance due by 5/31/2023. (thb)
May 17, 2023 Filing 16 MOTION for Leave to Appear Pro Hac Vice - Lewis B. Jones Receipt Number AGASDC-3586372, Fee Amount $200, by Henry Vassa Cate, Creek Holdings III, LLC, Missoe, LLC, Palmetto Building Group, Village Creek Associates, LLC. Responses due by 5/31/2023. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Exhibit - Case List Statement, #3 Text of Proposed Order - Proposed Order)(Tate, Jason)
May 17, 2023 Filing 15 MOTION for Leave to Appear Pro Hac Vice - John L. Fortuna Receipt Number AGASDC-3586362, Fee Amount $200, by Henry Vassa Cate, Creek Holdings III, LLC, Missoe, LLC, Palmetto Building Group, Village Creek Associates, LLC. Responses due by 5/31/2023. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Exhibit - Case List Statement, #3 Text of Proposed Order - Proposed Order)(Tate, Jason)
May 11, 2023 Filing 14 NOTICE of Filing Deficiency re: #12 - #13 MOTIONS for Leave to Appear Pro Hac Vice. After 14 days a notice of noncompliance will be submitted to a judicial officer for possible sanctions, to include dismissal. Compliance due by 5/25/2023. (csr)
May 11, 2023 Filing 13 MOTION for Leave to Appear Pro Hac Vice for John Brunini Receipt Number AGASDC-3582481, Fee Amount $200, by Joseph Davis, Jane Fraser, Jackie Magnant, Rose Murphy, Derek Murray. Responses due by 5/25/2023. (Attachments: #1 Text of Proposed Order Order of Admission, #2 Exhibit Letter of Good Standing, #3 Exhibit List of Cases)(J. Lewis, E.)
May 11, 2023 Filing 12 MOTION for Leave to Appear Pro Hac Vice of Laura D. Heusel Receipt Number AGASDC-3582447, Fee Amount $200, by Joseph Davis, Jane Fraser, Jackie Magnant, Rose Murphy, Derek Murray. Responses due by 5/25/2023. (Attachments: #1 Text of Proposed Order Order of Admission, #2 Exhibit Letter of Good Standing, #3 Exhibit List of Cases)(J. Lewis, E.)
May 8, 2023 Filing 11 NOTICE of Filing Deficiency re #10 Waiver of Service Executed, 8 Waiver of Service Executed, 9 Waiver of Service Executed, 6 Waiver of Service Executed, 7 Waiver of Service Executed. (thb)
May 5, 2023 Filing 10 NOTICE of Lawsuit and Request to Waiver Service of Summons by Jane Fraser, Rose Murphy, Derek Murray, Joseph Davis, Jackie Magnant re Henry Vassa Cate . (J. Lewis, E.) (Additional attachment(s) added on 5/8/2023: #1 Main Document (Correct PDF)) (thb). Modified on 5/8/2023 (thb).
April 21, 2023 Filing 5 Corporate Disclosure Statement (LR 7.1.1) by Joseph Davis, Jane Fraser, Jackie Magnant, Rose Murphy, Derek Murray. (J. Lewis, E.)
April 20, 2023 Filing 4 NOTICE of Filing Deficiency re #1 Complaint. After 14 days a notice of noncompliance will be submitted to a judicial officer for possible sanctions, to include dismissal. Set Deadlines: Compliance due by 5/4/2023. (ca)
April 20, 2023 Filing 3 Summons Issued as to Henry Vassa Cate, Creek Holdings III, LLC, Missoe, LLC, Palmetto Building Group, Village Creek Associates, LLC, Village Creek Landing, LLC. (ca)
April 20, 2023 Opinion or Order Filing 2 RULE 26(f) ORDER. Signed by Magistrate Judge Benjamin W. Cheesbro on 4/20/2023. (ca) (Additional attachment(s) added on 4/21/2023: #1 Corrected PDF) (ca).
April 20, 2023 Filing 1 COMPLAINT against All Defendants, filed by Jane Fraser, Rose Murphy, Derek Murray, Joseph Davis, Jackie Magnant. Fee paid: Receipt # AGASDC-3567746, $402. (Attachments: #1 Exhibit A Preliminary Wetland Impact Map - UAV 2022, #2 Exhibit B LDA - The Park at Village Creek, #3 Exhibit C 06-08-2021 CMPA Jurisdictional Determination, #4 Exhibit D 05-20-2021 CMPA, #5 Exhibit E 08-05-2022 Park at Village Creek FP, #6 Exhibit F Signed Application for Subdivision Review, #7 Exhibit G 12.22.2022 CWA Notice Letter Village Creek, #8 Exhibit H 12.15.2020 Water Quality Certification Reauthorization of NWPs, #9 Exhibit I P & M Lot 16A, #10 Exhibit J Photo from Notice Letter, #11 Exhibit PCN Form, #12 Exhibit L Emails Between RLC and the Corps, #13 Exhibit F FOIA denial, #14 Exhibit Glynn County Recommended Approval, #15 Exhibit O LDA12891 approval plans, #16 Exhibit O LDA12891 approval plans, #17 Exhibit O LDA12891 approval plans, #18 Exhibit O LDA12891 approval plans, #19 Exhibit P NOT and NOI for Vass Cate Maritime Homes, #20 Exhibit Q Photos from Notice Letter, #21 Exhibit R Photos from Notice Letter, #22 Exhibit S Photos from Notice Letter, #23 Exhibit T Photos from Notice Letter, #24 Civil Cover Sheet)(ca)

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Search for this case: Davis et al v. Cate et al
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Plaintiff: Joseph Davis
Represented By: E. Righton J. Lewis
Represented By: Johnny A. Brunini
Represented By: Laura D. Heusel
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Plaintiff: Jane Fraser
Represented By: E. Righton J. Lewis
Represented By: Johnny A. Brunini
Represented By: Laura D. Heusel
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Plaintiff: Jackie Magnant
Represented By: E. Righton J. Lewis
Represented By: Johnny A. Brunini
Represented By: Laura D. Heusel
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Plaintiff: Rose Murphy
Represented By: E. Righton J. Lewis
Represented By: Laura D. Heusel
Represented By: Johnny A. Brunini
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Plaintiff: Derek Murray
Represented By: E. Righton J. Lewis
Represented By: Johnny A. Brunini
Represented By: Laura D. Heusel
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Defendant: Henry Vassa Cate
Represented By: John L. Fortuna
Represented By: Lewis B. Jones
Represented By: Jason M. Tate
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Defendant: Village Creek Associates, LLC
Represented By: John L. Fortuna
Represented By: Lewis B. Jones
Represented By: Jason M. Tate
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Defendant: Missoe, LLC
Represented By: Jason M. Tate
Represented By: John L. Fortuna
Represented By: Lewis B. Jones
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Defendant: Creek Holdings III, LLC
Represented By: John L. Fortuna
Represented By: Lewis B. Jones
Represented By: Jason M. Tate
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Defendant: Village Creek Landing, LLC
Represented By: Bradley J. Watkins
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Defendant: Palmetto Building Group
Represented By: John L. Fortuna
Represented By: Lewis B. Jones
Represented By: Jason M. Tate
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