Gardner v. McCullough et al
Plaintiff: Greg Gardner
Defendant: Laura McCullough, Joshua Gage Barker, Jacob Lane-Allen Heatherly, Stephanie McCarthy, James Gracen and Christopher Neil McBride
Case Number: 6:2022cv00030
Filed: April 21, 2022
Court: US District Court for the Southern District of Georgia
Presiding Judge: J Randal Hall
Referring Judge: Christopher L Ray
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2022 Opinion or Order Filing 30 ORDER granting re #24 Motion to Stay Discovery. Defendants unopposed Motion to Stay Discovery is GRANTED and all deadlines in this case are STAYED pending disposition of the re #23 Motion to Dismiss. Upon the District Judges disposition of the Motion to Dismiss the Clerk is DIRECTED to lift the stay. If the case remains pending after disposition of the Motion to Dismiss, the parties are DIRECTED to confer and submit a Rule 26(f) Report no later than fourteen days from the date of the District Judges Order disposing of the Motion. Signed by Magistrate Judge Christopher L. Ray on 6/16/22. (loh)
June 14, 2022 Filing 29 Brief in Opposition re #23 MOTION to Dismiss filed by Greg Gardner. (Day, Linda)
June 2, 2022 Opinion or Order Filing 28 ORDER granting in part #22 Motion to Withdraw and dismissing as withdrawn #9 Motion to Stay. Further, the Clerk is directed to docket the redacted Exhibits re #25 as attachment 12-3 to #12 Amended Complaint. Signed by Magistrate Judge Christopher L. Ray on 6/2/2022. (pts)
June 2, 2022 Opinion or Order Filing 27 ORDER granting #26 Motion for Leave of Absence by Linda Day for dates 6/21; 7/15-7/22; 11/8-11/9; and 12/23 - 12/30, 2022. Signed by Magistrate Judge Christopher L. Ray on 6/1/2022. (maa)
May 31, 2022 Filing 26 MOTION for Leave of Absence as to Greg Gardner for dates of : 6/21; 7/15-7/22;11/8-11/9;12/23-12/30 by Greg Gardner. Responses due by 6/14/2022. (Day, Linda)
May 31, 2022 Filing 25 RESPONSE to #20 Order,, filed by Greg Gardner. (Day, Linda)
May 31, 2022 Filing 24 MOTION to Stay Discovery by Joshua Gage Barker, James Gracen, Jacob Lane-Allen Heatherly, Christopher Neil McBride, Stephanie McCarthy, Laura McCullough. Responses due by 6/14/2022. (Attachments: #1 Brief in Support, #2 Proposed Order)(Peters, William)
May 31, 2022 Filing 23 MOTION to Dismiss by Joshua Gage Barker, James Gracen, Jacob Lane-Allen Heatherly, Christopher Neil McBride, Stephanie McCarthy, Laura McCullough. Responses due by 6/14/2022. (Attachments: #1 Brief in Support)(Peters, William)
May 31, 2022 Filing 22 MOTION to Withdraw Defendants' #8 Motion for Judgment on the Pleadings and #9 Motion to Stay Discovery as Moot by Joshua Gage Barker, James Gracen, Jacob Lane-Allen Heatherly, Christopher Neil McBride, Stephanie McCarthy, Laura McCullough. Responses due by 6/14/2022. (Peters, William) Link added. Modified on 5/31/2022 (thb).
May 31, 2022 Opinion or Order Filing 21 ORDER granting #18 Motion for Leave to File Second Amended Complaint. Defendants are directed to either show cause why those motions are not moot or move to withdraw them by June 6, 2022. Signed by Magistrate Judge Christopher L. Ray on 5/31/2022. (maa)
May 31, 2022 Set/Reset Deadlines: Show Cause Response due by 6/6/2022. (maa)
May 31, 2022 MOTIONS REFERRED: #24 MOTION to Stay Discovery (slt)
May 31, 2022 MOTIONS REFERRED: #26 MOTION for Leave of Absence as to Greg Gardner for dates of : 6/21; 7/15-7/22;11/8-11/9;12/23-12/30. (cmr)
May 25, 2022 Opinion or Order Filing 20 ORDER Vacating the Court's prior #17 Order re: #16 Motion to Seal. The parties' joint #16 Motion to Seal is Granted, in part and Denied, in part. The Clerk is Directed to maintain the unredacted exhibits under seal until further Order from this Court. Plaintiff is Directed to submit copies of the photographs, redacting the faces of the minor and her adult companion, no later than May 30, 2022, pursuant to the procedures established in this Court's Local Rule 79.7(b). Signed by Magistrate Judge Christopher L. Ray on 5/25/2022. (csr)
May 25, 2022 Set/Reset Deadlines: Redacted Photographs due by 5/30/2022 re: #20 Order. (csr)
May 23, 2022 Filing 19 NOTICE of Filing Deficiency re 15 Proposed Pretrial Order. (thb)
May 23, 2022 Filing 18 MOTION for Leave to File Second Amended Complaint by Greg Gardner. Responses due by 6/6/2022. (Day, Linda) (Additional attachment(s) added on 5/23/2022: #1 Text of Proposed Order) (thb). Modified on 5/23/2022 (thb).
May 23, 2022 MOTIONS REFERRED: #18 MOTION for Leave to File. (thb)
May 20, 2022 Opinion or Order Filing 17 VACATED: See #20 Order. ORDER granting #16 Motion to Seal Document #12 Amended Complaint . Signed by Magistrate Judge Christopher L. Ray on 5/20/2022. (JH) Modified on 5/25/2022 (csr).
May 20, 2022 Filing 16 MOTION to Seal Document #12 Amended Complaint by Greg Gardner. Responses due by 6/3/2022. (Attachments: #1 Text of Proposed Order)(Day, Linda)
May 17, 2022 Filing 13 Brief in Opposition re #8 MOTION for Judgment on the Pleadings filed by Greg Gardner. (Day, Linda)
May 17, 2022 Filing 12 AMENDED COMPLAINT Amended Exhibits 6A-6O against All Defendants, filed by Greg Gardner.(Day, Linda) (Additional attachment(s) added on 5/20/2022: #1 Second Amended Complaint) (JH). (Additional attachment(s) added on 5/20/2022: #2 Exhibits Under Seal) (JH). (Additional attachment(s) added on 6/2/2022: #3 Unredacted Exhibit) (pts).
May 9, 2022 Filing 11 AMENDED COMPLAINT Added count of malicious prosecution under the 4th Amendment against All Defendants, filed by Greg Gardner.(Day, Linda)
May 4, 2022 Opinion or Order Filing 10 ORDER granting #4 Motion for Leave to Appear pro hac vice for Attorney Linda T.F. Day as to Plaintiff Gardner. Signed by Magistrate Judge Christopher L. Ray on 05/04/2022. (jlh)
May 4, 2022 MOTIONS REFERRED: #9 MOTION to Stay. (thb)
May 3, 2022 Filing 9 MOTION to Stay by Joshua Gage Barker, James Gracen, Jacob Lane-Allen Heatherly, Christopher Neil McBride, Stephanie McCarthy, Laura McCullough. Responses due by 5/17/2022. (Attachments: #1 Brief in Support, #2 Proposed Order)(Peters, William)
May 3, 2022 Filing 8 MOTION for Judgment on the Pleadings by Joshua Gage Barker, James Gracen, Jacob Lane-Allen Heatherly, Christopher Neil McBride, Stephanie McCarthy, Laura McCullough. Responses due by 5/17/2022. (Attachments: #1 Brief in Support)(Peters, William)
May 3, 2022 MOTIONS REFERRED: #4 MOTION for Leave to Appear Pro Hac Vice f Linda Day Receipt Number AGASDC-3338415, Fee Amount $200. (thb)
May 2, 2022 Filing 7 List of Prior Cases filed as a First MOTION to Amend/Correct #4 MOTION for Leave to Appear Pro Hac Vice Linda Day Receipt Number AGASDC-3338415, Fee Amount $200, List of Cases by Greg Gardner. Responses due by 5/16/2022. (White, Jason) Modified on 5/3/2022 (thb).
May 2, 2022 Filing 6 NOTICE of Filing Deficiency re #4 MOTION for Leave to Appear Pro Hac Vice Linda Day Receipt Number AGASDC-3338415, Fee Amount $200. After 14 days a notice of noncompliance will be submitted to a judicial officer for possible sanctions, to include dismissal. Compliance due by 5/16/2022. (thb)
May 2, 2022 Filing 5 NOTICE of Appearance by Jason Michael White on behalf of All Plaintiffs (White, Jason)
May 2, 2022 Filing 4 MOTION for Leave to Appear Pro Hac Vice Linda Day Receipt Number AGASDC-3338415, Fee Amount $200, by Greg Gardner. Responses due by 5/16/2022. (White, Jason)
April 21, 2022 Opinion or Order Filing 3 RULE 26(f)ORDER. Signed by Magistrate Judge Christopher L. Ray on 4/21/2022. (gmh)
April 21, 2022 Filing 2 REMOVAL NOTICE to All Counsel of Record re #1 Notice of Removal. (gmh)
April 21, 2022 Filing 1 NOTICE OF REMOVAL by Laura McCullough, Joshua Gage Barker, Jacob Lane-Allen Heatherly, Stephanie McCarthy, James Gracen and Christopher Neil McBride from State Court of Bulloch County, case number STCV2022000065. (Filing fee $402, receipt number AGASDC-3331431). (Attachments: #1 State Court Documents: Complaint with Exhibits, Summonses, Case Information form, Motion and Order, Sheriff's Entries of Service, Defendants' Answer, Notice of Removal, #2 Civil Cover Sheet) (gmh)
April 21, 2022 Set/Reset Deadlines: Compliance to #2 due by 5/1/2022. (gmh)
April 21, 2022 Notice to All Counsel of Record : Magistrate Judge Christopher L. Ray has updated the Standard Procedures for Discovery Disputes and Settlement Conferences, Notice of Discovery Dispute Form and Request for Settlement Conference Form. #CLICK HERE TO READ. (gmh)

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Plaintiff: Greg Gardner
Represented By: Linda T.F. Day
Represented By: Jason Michael White
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Defendant: Laura McCullough
Represented By: William Peters
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Defendant: Joshua Gage Barker
Represented By: William Peters
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Defendant: Jacob Lane-Allen Heatherly
Represented By: William Peters
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Defendant: Stephanie McCarthy
Represented By: William Peters
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Defendant: James Gracen
Represented By: William Peters
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Defendant: Christopher Neil McBride
Represented By: William Peters
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