Gardner v. McCullough et al
| Greg Gardner |
| Laura McCullough, Joshua Gage Barker, Jacob Lane-Allen Heatherly, Stephanie McCarthy, James Gracen and Christopher Neil McBride |
| 6:2022cv00030 |
| April 21, 2022 |
| US District Court for the Southern District of Georgia |
| J Randal Hall |
| Christopher L Ray |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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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)
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| Filing 29 Brief in Opposition re #23 MOTION to Dismiss filed by Greg Gardner. (Day, Linda) |
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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ORDER granting in part #22 Motion to Withdraw and dismissing as withdrawn #9 Motion to Stay.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)
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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)
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| 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) |
| Filing 25 RESPONSE to #20 Order,, filed by Greg Gardner. (Day, Linda) |
| 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) |
| 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) |
| 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). |
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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)
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| Set/Reset Deadlines: Show Cause Response due by 6/6/2022. (maa) |
| MOTIONS REFERRED: #24 MOTION to Stay Discovery (slt) |
| 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) |
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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)
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| Set/Reset Deadlines: Redacted Photographs due by 5/30/2022 re: #20 Order. (csr) |
| Filing 19 NOTICE of Filing Deficiency re 15 Proposed Pretrial Order. (thb) |
| 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). |
| MOTIONS REFERRED: #18 MOTION for Leave to File. (thb) |
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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).
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| 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) |
| Filing 13 Brief in Opposition re #8 MOTION for Judgment on the Pleadings filed by Greg Gardner. (Day, Linda) |
| 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). |
| Filing 11 AMENDED COMPLAINT Added count of malicious prosecution under the 4th Amendment against All Defendants, filed by Greg Gardner.(Day, Linda) |
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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)
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| MOTIONS REFERRED: #9 MOTION to Stay. (thb) |
| 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) |
| 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) |
| MOTIONS REFERRED: #4 MOTION for Leave to Appear Pro Hac Vice f Linda Day Receipt Number AGASDC-3338415, Fee Amount $200. (thb) |
| 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). |
| 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) |
| Filing 5 NOTICE of Appearance by Jason Michael White on behalf of All Plaintiffs (White, Jason) |
| 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) |
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Filing 3
RULE 26(f)ORDER. Signed by Magistrate Judge Christopher L. Ray on 4/21/2022. (gmh)
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| Filing 2 REMOVAL NOTICE to All Counsel of Record re #1 Notice of Removal. (gmh) |
| 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) |
| Set/Reset Deadlines: Compliance to #2 due by 5/1/2022. (gmh) |
| 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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