Mccullough et al v. the City of Montgomery, Alabama et al
Court Docket Sheet

Middle District of Alabama

2:2015-cv-00463 (almd)

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1
07/01/2015
COMPLAINT against Ernest N. Finley, Jr, Les Hayes, III, Judicial Corrections Services, Inc., Kevin Murphy, The City of Montgomery, Alabama (Filing fee $ 400.00 receipt number 4602037418.), filed by Ashely Dawn Scott, Christopher Mooney, Kenny Jones, Devron James, Marquita Johnson, Angela McCullough, Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd.
1
Filing Fee Receipt
1 Attachment
2
07/01/2015
Corporate/Conflict Disclosure Statement by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
07/07/2015
NOTICE of Assignment to Magistrate Judge mailed to counsel for Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott (no pdf document attached to this entry) (Text entry; no document attached.)
3
07/07/2015
Summons Issued as to Ernest N. Finley, Jr, Judicial Corrections Services, Inc., Kevin Murphy, The City of Montgomery, Alabama; mailed CMRRR with copy of 1 complaint.
4
07/10/2015
Return Receipt Card showing service of summons and complaint signed by Margaret S. Pasley for Kevin Murphy served on 7/9/2015, answer due 7/30/2015.
5
07/10/2015
Return Receipt Card showing service of summons and complaint signed by Margaret S. Pasley for The City of Montgomery, Alabama served on 7/9/2015, answer due 7/30/2015.
6
07/10/2015
Return Receipt Card showing service of complaint and summons signed by Margaret S. Pasley for Ernest N. Finley, Jr served on 7/9/2015, answer due 7/30/2015.
7
07/10/2015
Return Receipt Card showing service of complaint and summons signed by Laura Payne for Judicial Corrections Services, Inc. served on 7/8/2015, answer due 7/29/2015.
8
07/16/2015
Summons Issued as to Les Hayes, III; mailed CMRRR with copy of 1 complaint.
9
07/17/2015
Case reassigned to Chief Judge William Keith Watkins. Honorable Judge Wallace Capel, Jr. no longer assigned to the case as presiding judge.
10
07/20/2015
Return Receipt Card showing service of summons & complaint signed by Police Dept. for Les Hayes, III served on 7/17/2015, answer due 8/7/2015.
11
07/23/2015
NOTICE of Appearance by Martha Irene Morgan on behalf of All Plaintiffs
12
07/30/2015
MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama.
13
07/30/2015
MOTION for a Briefing Schedule on Defendants' 12 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Motion for Briefing Schedule on Defendants' Motion to Dismiss by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama. Modified on 7/31/2015 to reflect actual title.
14
07/30/2015
NOTICE of Appearance by Joel Thomas Caldwell on behalf of Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama
15
07/30/2015
NOTICE of Appearance by Robert David Segall on behalf of Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama
16
07/31/2015
NOTICE of Appearance by Miland Fredrick Simpler, III on behalf of Les Hayes, III
07/31/2015
[PLEASE DISREGARD THIS DOCKET ENTRY, DOCKETED IN ERROR.] NOTICE of Assignment to Magistrate Judge mailed to counsel for Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama. (NO PDF) Modified on 7/31/2015. (Text entry; no document attached.)
17
07/31/2015
RESPONSE to Motion re 12 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. (Additional attachment(s) added on 8/3/2015: # 1 Certificate of Service).
18
07/31/2015
RESPONSE to Motion re 13 MOTION for Order re 12 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Motion for Briefing Schedule on Defendants' Motion to Dismiss filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 8/3/2015 to add as also filed on behalf of, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, & Ashely Dawn Scott. (Additional attachment(s) added on 8/3/2015: # 1 Certificate of Service).
19
07/31/2015
ORDER that Defendants' 13 Motion for a Briefing Schedule on Defendants' Motion to Dismiss is GRANTED. Defendants shall file an initial brief in support of their 12 Motion to Dismiss on or before 8/28/2015. Plaintiffs response brief shall be due no later than twenty-one days after the filing of Defendants initial brief. Defendants reply brief shall be due no later than fourteen days after the last response brief is filed. Federal Rule of Civil Procedure 6(a), but not Federal Rule of Civil Procedure 6(d), applies in computing the time periods above. The motion shall be under submission on the due date of the reply brief. Signed by Chief Judge William Keith Watkins on 7/31/2015.
20
07/31/2015
NOTICE of Appearance by Kimberly Owen Fehl on behalf of The City of Montgomery, Alabama
07/31/2015
Objection to 12 Motion to Dismiss and 13 Motion for a Briefing Order filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. (NO PDF, see Doc. 17, 18, and 29) (Text entry; no document attached.)
21
08/03/2015
NOTICE of Appearance by Michael D. Brymer on behalf of The City of Montgomery, Alabama
22
08/04/2015
Corporate/Conflict Disclosure Statement by Ernest N. Finley, Jr. (Additional attachment(s) added on 8/5/2015: # 1 Corrected Certificate of Service).
23
08/04/2015
Corporate/Conflict Disclosure Statement by Les Hayes, III. (Additional attachment(s) added on 8/5/2015: # 1 Corrected Certificate of Service).
24
08/04/2015
Corporate/Conflict Disclosure Statement by Kevin Murphy. (Additional attachment(s) added on 8/5/2015: # 1 Corrected Certificate of Service).
25
08/04/2015
Corporate/Conflict Disclosure Statement by The City of Montgomery, Alabama. (Additional attachment(s) added on 8/5/2015: # 1 Corrected Certificate of Service).
26
08/05/2015
Received letter from CT Corporation System with copy of 19 Order mailed to Judicial Corrections Services, Inc. stating that after checking their records and the records of the State of AL, it has been determined that C T Corporation System is not the registered agent for an entity by the name of Judicial Corrections Services, Inc.
27
08/05/2015
Alias Summons issued; summons and complaint mailed CMRRR to Judicial Corrections Services, Inc., CSC Lawyers Inc. Services, Inc.
28
08/11/2015
Return Receipt Card showing service of 27 Alias Summons and Complaint signed by Avery Harris for Judicial Corrections Services, Inc. served on 8/6/2015, answer due 8/27/2015.
29
08/12/2015
ORDER: On 7/31/2015, an 19 Order entered setting a briefing schedule on Defendants' motion to dismiss. On the same date, Plaintiffs filed responses to Defendants' motion to dismiss and motion for a briefing order. (Docs. 17, 18.) Plaintiffs' responses are construed as objections, and, after careful consideration, it is ORDERED that the objections (Docs. 17, 18) are OVERRULED. Signed by Chief Judge William Keith Watkins on 8/12/2015.
30
08/17/2015
Alias Summons issued; alias summons and complaint mailed CMRRR to Judicial Corrections Services, Inc.
31
08/18/2015
LETTER from CSC (Corporation Services Company) rejecting service of process for Judicial Corrections Services, Inc. stating their office is not the registered agent for the company.
32
08/20/2015
AMENDED COMPLAINT against All Defendants, filed by Ashely Dawn Scott, Christopher Mooney, Kenny Jones, Devron James, Marquita Johnson, Angela McCullough, Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, adding Todd Strange as a new defendant. Modified on 8/21/2015 to include newly named party. (Main Document 32 replaced on 8/21/2015 due to original pdf did not contain proper signature.).
33
08/21/2015
Return Receipt Card showing service of alias summons and complaint signed by D. Wood for Judicial Corrections Services, Inc. served on 8/19/2015, answer due 9/9/2015.
34
08/21/2015
NOTICE of Correction re 32 Amended Complaint. The original pdf did not contain a proper electronic signature. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
32
Amended Complaint
2 Attachments
35
08/24/2015
Summons Issued; summons and 32 Amended Complaint mailed CMRRR to Todd Strange.
36
09/02/2015
NOTICE of Appearance by Edward Hamilton Wilson, Jr on behalf of Les Hayes, III
37
09/03/2015
NOTICE of Appearance by Larry Stephen Logsdon on behalf of Judicial Corrections Services, Inc.
38
09/03/2015
NOTICE of Appearance by Michael Leon Jackson on behalf of Judicial Corrections Services, Inc.
39
09/03/2015
NOTICE of Appearance by Wesley Kyle Winborn on behalf of Judicial Corrections Services, Inc.
40
09/03/2015
Joint MOTION for Extension of Time to File Answer by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama, Todd Strange, Judicial Corrections Services, Inc. Modified on 9/3/2015 to add as also filed on behalf of Todd Strange and Judicial Corrections Services, Inc.
41
09/03/2015
Corporate/Conflict Disclosure Statement by Judicial Corrections Services, Inc.
42
09/03/2015
TEXT ORDER granting 40 Joint Motion for Extension of Time to Answer; The deadline for Dfts to respond to the First Amended Complaint is EXTENDED to and including 9/23/2015; Plf shall file a combined response to any motions to dismiss on or before 10/19/2015, and Dfts may file a reply on or before 10/30/2015. Signed by Chief Judge William Keith Watkins on 9/3/2015. (No pdf attached to this entry)
43
09/04/2015
ORDER: Based on the filing of the 32 Amended Complaint, it is ORDERED that Defendants' 12 Motion to Dismiss specified claims in the original Complaint is DENIED as moot. Signed by Chief Judge William Keith Watkins on 9/4/2015.
44
09/08/2015
Corporate/Conflict Disclosure Statement by Todd Strange.
45
09/23/2015
BRIEF/MEMORANDUM in Support of 47 Motion to Dismiss Plaintiffs' Amended Complaint, 48 Motion to Dismiss Plaintiffs' Amended Complaint and, in the alternative, BRIEF IN SUPPORT of Motion for Summary Judgment filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 9/24/2015 to reflect actual title, remove link to Doc. 12, and create link to Doc. 47 and 48.
1
Exhibit 1
1 Attachment
46
09/23/2015
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction by Judicial Corrections Services, Inc.
47
09/24/2015
MOTION to Dismiss 32 Amended Complaint by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 9/25/2015 to create link to Doc. 32.
48
09/24/2015
MOTION to Dismiss 32 Amended Complaint by Les Hayes, III. Modified on 9/25/2015 to create link to Doc. 32.
49
10/06/2015
BRIEFING ORDER: it is ORDERED that the 46 Motion to Dismiss be submitted without oral argument on 11/3/2015; further ORDERED that plfs file a response, which shall include a brief, on or before 10/27/2015; Defendants may file a reply brief on or before 11/3/2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 10/6/2015.
50
10/06/2015
BRIEFING ORDER: it is ORDERED that the 47 Motion to Dismiss be submitted without oral argument on 11/3/2015; further ORDERED that plfs file a response, which shall include a brief, on or before 10/27/2015; Defendants may file a reply brief on or before 11/3/2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 10/6/2015.
51
10/06/2015
BRIEFING ORDER: it is ORDERED that the 48 Motion to Dismiss be submitted without oral argument on 11/3/2015; further ORDERED that plfs file a response, which shall include a brief, on or before 10/27/2015; Defendants may file a reply brief on or before 11/3/2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 10/6/2015.
52
10/15/2015
Joint MOTION for Extension of Time to File Response/Reply (Amend Briefing Schedule) as to 48 MOTION to Dismiss Amended Complaint, 47 MOTION to Dismiss Amended Complaint, 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction and for Leave for Defendants to File Corrected Briefs by Judicial Corrections Services, Inc., Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama, Ashely Dawn Scott, Christopher Mooney, Kenny Jones, Devron James, Marquita Johnson, Angela McCullough, Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd. Modified on 10/16/2015 to add as filed on behalf of all parties.
53
10/20/2015
CORRECTED BRIEF/MEMORANDUM in Support re 48 MOTION to Dismiss Amended Complaint, 47 MOTION to Dismiss Amended Complaint filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
1
Exhibit 1
1 Attachment
54
10/20/2015
CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Judicial Corrections Services, Inc.
55
10/21/2015
ORDER denying as moot 46 Motion to Dismiss for Plfs' First Amended Complaint. Signed by Chief Judge William Keith Watkins on 10/21/2015.
56
10/21/2015
ORDER granting 52 Joint Motion to Amend Briefing Schedule on Dfts' Motions to Dismiss and for Leave for Dfts to File Corrected Briefs; the deadline for Plfs to file responses to the pending motions to dismiss is EXTENDED to and including 11/12/2015, and the deadline for Dfts to file reply briefs is EXTENDED to and including 11/27/2015. Signed by Chief Judge William Keith Watkins on 10/21/2015.
57
11/12/2015
BRIEF/MEMORANDUM in Opposition re 46, 47, & 48 MOTIONS to Dismiss First Amended Complaint filed by Levon Agee, Hassan Caldwell, Algi Edwards. Modified on 11/12/2015 to add the links to the 46, 47, & 48 motions.
58
11/12/2015
MOTION to Consolidate Cases by Ashely Dawn Scott, Christopher Mooney, Kenny Jones, Devron James, Marquita Johnson, Angela McCullough, Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd. Modified on 11/13/2015 to add as filed on behalf of all plaintiffs.
59
11/13/2015
ORDERED that Dfts shall file a response to the 58 MOTION to Consolidate Cases Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure and/or to Reassign this Case on or before 11/23/2015. Signed by Chief Judge William Keith Watkins on 11/13/2015.
60
11/23/2015
MOTION to Continue Unopposed Motion to Continue Deadline for Filing Motion to Dismiss Reply Brief by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. (Additional attachment(s) added on 11/24/2015: # 1 Corrected Certificate of Service).
61
11/23/2015
BRIEF/MEMORANDUM in Opposition re 58 MOTION to Consolidate Cases or Reassign filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. (Additional attachment(s) added on 11/24/2015: # 1 Corrected Certificate of Service).
62
11/23/2015
REPLY re 58 MOTION to Consolidate Cases filed by Judicial Corrections Services, Inc. Modified on 11/24/2015 to clarify the docket text.
1
Exhibit A
1 Attachment
63
11/24/2015
MOTION to Certify Class by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
64
11/24/2015
BRIEF/MEMORANDUM in Support re 63 MOTION to Certify Class filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
65
11/25/2015
TEXT ORDER granting 60 Unopposed Motion to Continue Deadline for Filing Motion to Dismiss Reply Brief; Dfts shall file their reply briefs on or before 12/4/2015. Signed by Chief Judge William Keith Watkins on 11/25/2015. (No pdf attached to this entry)
66
11/25/2015
REPLY BRIEF re 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 57 BRIEF/MEMORANDUM in Opposition, filed by Judicial Corrections Services, Inc.
1
Exhibit 1
1 Attachment
67
12/01/2015
ORDER denying 58 Motion to Consolidate this Action with Mitchell, et al v. City of Montgomery, et al, 2:14-CV-186-MHT. Signed by Chief Judge William Keith Watkins on 12/1/2015.
68
12/02/2015
RESPONSE to Motion re 63 MOTION to Certify Class filed by Judicial Corrections Services, Inc.
69
12/04/2015
REPLY BRIEF re 57 BRIEF/MEMORANDUM in Opposition to 46, 47 & 48 MOTIONS to Dismiss, filed by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 12/7/2015 to add the links to the 46, 47 & 48 motions.
1
Exhibit 1
2
Exhibit 2
2 Attachments
70
12/04/2015
REPLY BRIEF re 57 BRIEF/MEMORANDUM in Opposition to 46, 47 & 48 MOTIONS to Dismiss, TO PLAINTIFFS' COMBINED RESPONSE TO DEFENDANTS' MOTION TO DISMISS filed by Les Hayes, III. Modified on 12/7/2015 to add the links to the 46, 47 & 48 motions.
71
12/07/2015
MOTION to Continue by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
72
12/08/2015
MOTION to Amend/Correct 69 Reply Brief, by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
73
12/08/2015
JOINDER re 68 Response to Motion FOR CLASS CERTIFICATION by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
74
12/09/2015
REPLY to Response to Motion re 63 MOTION to Certify Class, 71 MOTION to Continue filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
75
12/10/2015
TEXT ORDER granting 71 Unopposed Motion to Continue the Deadline for Filing Reply Briefs; granting Plfs an extension to reply to all Dfts' responses on or before 12/22/2015. Signed by Chief Judge William Keith Watkins on 12/10/2015. (No pdf attached to this entry)
76
12/10/2015
TEXT ORDER granting 72 Motion to Amend 69 Reply Brief. Signed by Chief Judge William Keith Watkins on 12/10/2015. (No pdf attached to this entry)
77
12/10/2015
AMENDED REPLY BRIEF re 70 Reply Brief to 57 BRIEF/MEMORANDUM in Opposition to 46, 47 & 48 MOTIONS to Dismiss filed by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 12/11/2015 to remove Dft Hayes as a filer. Modified on 12/11/2015 to add the links to the 57 Brief and 46, 47 & 48 motions.
1
Exhibit 1
2
Exhibit 2
2 Attachments
78
01/30/2016
NOTICE by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott Notice of New Supplemental Authority for Docs. ## 57 & 73
1
Exhibit Order (Doc. # 40) in Case No. 4:15-cv-170-HLM
2
Exhibit Order (Doc. #41) in Case No. 4:15-cv-170-HLM
2 Attachments
79
02/11/2016
(Response to Notice) NOTICE by The City of Montgomery, Alabama re 78 Notice (Other), DEFENDANT CITY OF MONTGOMERY'S RESPONSE TO NOTICE Modified on 2/12/2016 to correct the docket text to reflect as a response to notice and to remove Ernest N. Finley, Jr, Kevin Murphy, and Todd Strange as filers as the response only references the City of Montgomery as the filer.
02/11/2016
RESPONSE to 78 Notice of New Authority by The City of Montgomery, Alabama. (No pdf attached to this entry - See doc 79 for pdf; erroneously e-filed using "Notice" event code) (Text entry; no document attached.)
80
02/15/2016
REPLY BRIEF re 79 Notice (Other), Plaintiffs' Reply to Defendant City of Montgomery's Response 79 to Plaintiffs' Notice of New Authority 78 filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
81
03/09/2016
(Response to Plaintiffs' Notice of New Authority) NOTICE by Judicial Corrections Services, Inc. re 78 Notice (Other), in response to Plaintiffs' Notice of New Authority Modified on 3/10/2016 to correct the docket text to reflect as a response and not a notice.
03/09/2016
RESPONSE in Opposition re 78 Notice of New Supplemental Authority by Judicial Corrections Services, Inc. (No pdf attached to this entry - See doc 81 for pdf) (Text entry; no document attached.)
82
03/11/2016
MOTION to Amend/Correct re 80 Reply Brief by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/11/2016 to add the link to the 80 reply brief.
1
Appendix Corrected Copy
1 Attachment
83
03/11/2016
TEXT ORDER granting 82 Motion to Amend/Correct. Signed by Chief Judge William Keith Watkins on 3/11/2016. (No pdf attached to this entry)
84
03/11/2016
REPLY BRIEF re 78 Notice (Other), 79 Notice (Other), 80 Reply Brief, Response in Opposition CORRECTED COPY OF DOC. # 80 filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
85
03/15/2016
REPLY BRIEF re 81 RESPONSE in Opposition re 78 Notice of New Supplemental Authority, Plaintiffs' Reply to JCS' Response to Plaintiffs' Notice of New Authority filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/16/2016 to add the link to the 81 response and to clarify the docket text.
86
03/21/2016
NOTICE by The City of Montgomery, Alabama OF FILING OF SUPPLEMENTAL AUTHORITY
1
Exhibit 1
1 Attachment
87
03/26/2016
MOTION for Rule 26(f) Scheduling Order by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Added MOTION for Order on 3/28/2016 as E-Filer used incorrect event code for docketing (c/djy,).
88
03/28/2016
BRIEF/MEMORANDUM in Opposition re 86 Notice (Other) filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
89
03/28/2016
MOTION to Stay Discovery by Judicial Corrections Services, Inc.
1
Exhibit A
2
Exhibit B
2 Attachments
90
03/28/2016
RESPONSE in Opposition re 87 MOTION for Order filed by Judicial Corrections Services, Inc.
91
03/29/2016
MOTION to Stay re 89 MOTION to Stay Discovery by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
92
03/29/2016
BRIEF/MEMORANDUM in Opposition re 87 MOTION for Order, 90 Response in Opposition to Motion TO PLAINTIFFS' MOTION FOR RULE 26(f) SCHEDULING ORDER filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
93
04/04/2016
COMBINED REPLY to all Defendants' Briefs in Oppositions (Docs. 90 and 92) to Plaintiffs' 87 Motion for Rule 26(f) Scheduling Order filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 4/4/2016 to create links to Doc. 90 and 92 and to reflect this is a "Combined" reply.
94
04/08/2016
RESPONSE in Opposition to All Defendants' Motions to Stay Discovery (Doc. No. 89, 91) filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 4/8/2016 to reflect actual title and clean up text.
1
Exhibit U.S. Department of Justice Letter
1 Attachment
95
05/02/2016
ORDER: Before the court are the following motions: 63 motion for classcertification; 87 motion for scheduling order; 89 motion to stay discovery; and the 91 motion to stay. Further, currently pending in this court is a similar case against some of the same defendants in which similar or identical claims are raised on behalf of similar, identical, or overlapping proposed classes. Carter v. The City of Montgomery et al., Case No. 2:15-cv-00555-WKW-WC. The court concludes that the necessities of case management require thatissues of consolidation, class certification, and scheduling of discovery beconsidered after the motions to dismiss are resolved in both cases. Therefore, it is ORDERED: 1. This case, including all discovery, is STAYED until further order. 2. Plaintiffs 63 motion for class certification is DENIED withoutprejudice to refile the motion after the stay is lifted. 3. Plaintiffs 87 motion for entry of a scheduling order is DENIED. 4. The 89 motion to stay discovery filed by Defendant Judicial Corrections Services, Inc. is GRANTED. 5. The 91 motion to stay filed by Defendants City of Montgomery, Ernest N. Finlay, Les Hayes, III, Kevin Murphy, and Todd Strange is GRANTED. Signed by Chief Judge William Keith Watkins on 5/2/2016.
96
06/15/2016
Case reassigned to Honorable Judge Royce C. Lamberth. Chief Judge William Keith Watkins no longer assigned to the case as presiding judge.
97
07/20/2016
ORDER Setting Motion Hearing re: 47, 48, and 54 MOTIONS TO DISMISS on 8/18/2016 @ 10:00 AM before Honorable Judge Royce C. Lamberth, in Courtroom 2F; counsel are advised that the Court shall also be hearing similar motions in cases, as further set out in order; the cases shall be heard in the order in which they were filed; counsel should be present for all hearings. Signed by Honorable Judge Royce C. Lamberth on 7/20/16. Furnished to calendar group & AR.
98
07/22/2016
MOTION to Continue Hearing by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. (Main Document 98 replaced on 7/26/2016 due to typographical errors in the caption and case number.) Modified on 7/26/2016.
99
07/26/2016
NOTICE of Correction re 98 Motion to Continue Hearing. The original pdf contained typographical errors in the caption and case number. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
98
None
2 Attachments
100
08/11/2016
ORDER: The 98 Motion to Continue Hearing is hereby GRANTED, and the hearing (Motion hearing) is re-scheduled for 1:00 PM on 8/18/2016 in Courtroom 2-F before Honorable Judge Royce C. Lamberth. Signed by Honorable Judge Royce C. Lamberth on 8/11/2016. Copies furnished to calendar group, AR. (Deadline terminated: Motion Hearing set for 8/18/2016 at 10:00 AM in Courtroom 2-F.)
101
08/17/2016
NOTICE of Appearance by Wilson F. Green on behalf of Judicial Corrections Services, Inc.
102
08/18/2016
Minute Entry for proceedings held before Honorable Judge Royce C. Lamberth: Motion Hearing held on 8/18/2016 re 48 MOTION to Dismiss Amended Complaint filed by Les Hayes, III, 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Judicial Corrections Services, Inc., 47 MOTION to Dismiss Amended Complaint filed by Todd Strange, Kevin Murphy, Ernest N. Finley, Jr., The City of Montgomery, Alabama (PDF available for court use only). (Court Reporter Patricia G. Starkie.)
103
08/19/2016
NOTICE of Voluntary Dismissal of Claims Brought Against Defendants Named in Their Individual Capacities or, in the alternative, MOTION to Dismiss Those Claims Without Prejudice by All Plaintiffs (Main Document 103 replaced on 8/22/2016 due to original pdf contained an inadvertent error/omission of citation to statute per counsel.). Modified on 8/22/2016 to include actual title.
08/19/2016
Alternative MOTION to Dismiss Without Prejudice by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. (NO PDF, see Doc. 103 for pdf) (Text entry; no document attached.)
104
08/22/2016
NOTICE of Correction re 103 Notice of Voluntary Dismissal. The original pdf contained an inadvertent error/omission of citation to statute per counsel. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
2 Attachments
105
08/22/2016
NOTICE by Les Hayes, III, The City of Montgomery, Alabama re 47 MOTION to Dismiss Amended Complaint, 48 MOTION to Dismiss Amended Complaint OF FILING SUPPLEMENTAL SUPPORT FOR THE CITY OF MONTGOMERY'S MOTION TO DISMISS Modified on 2/1/2017 to reflect that Exhibits 4, 6, 10 are SEALED pursuant to 111 Order. Modified on 4/26/2017 to reflect that Attachments 4,6,10 are SEALED in their entirety pursuant to Court 155 Order.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4 (SEALED)
5
Exhibit 5
6
Exhibit 6 (SEALED)
7
Exhibit 7
8
Exhibit 8
9
Exhibit 9
10
Exhibit 10 (SEALED)
11
Exhibit 11
12
Exhibit 12
13
Exhibit 13
14
Exhibit 14
15
Exhibit 15
15 Attachments
106
08/26/2016
MOTION for Protective Order and Preliminary Response to Doc. 105 Notice of Filing Supplemental Support for City of Montgomery's Motion to Dismiss by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 11/30/2016 to create link to Doc. 105.
08/26/2016
INITIAL RESPONSE to defs' 105 Notice of filing supplemental support for City of Montgomery's 47 motion to dismiss by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott (NO PDF document attached to this notice-see Docket entry 106 MOTION for protective order). (Text entry; no document attached.)
107
09/01/2016
RESPONSE to Motion re 106 MOTION for Protective Order and Preliminary Response to Doc. 105 Notice of Filing Supplemental Support for City of Montgomery's Motion to Dismiss filed by Les Hayes, III.
108
10/26/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on August 18, 2016, before Judge Royce C. Lamberth. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/16/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/24/2017.
109
11/18/2016
NOTICE by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott re 48 MOTION to Dismiss Amended Complaint, 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 47 MOTION to Dismiss Amended Complaint Notice of Supplemental Authority
1
JIC Complaint No. 49
1 Attachment
110
11/23/2016
RESPONSE to the Plaintiffs' Filing of Supplemental Support (Doc. 109 & 109 -1) filed by The City of Montgomery, Alabama. Modified on 11/28/2016 to reflect actual title and clean up text.
111
11/30/2016
ORDER: Before the Court is defendants' filing of a supplemental support for the City's 105 Motion to Dismiss, plaintiff's 106 Motion for a Protective Order, and defendants' 107 Response to the motion for a protective order. Plaintiffs' motion is both a motion for a protective order and a response to the substantive material provided by defendants. At this point, the Court only addresses the protective order. Plaintiffs claim that exhibits filed by defendants should be subject to additional protective measures. See Pls.' Mot. 2, ECF No. 106. Defendants claim they do not see the need for such measures but do not oppose placing certain documents under seal. Defs. Resp. 2, ECF No. 107. Plaintiffs and Defendants shall, within 14 days, jointly file indicating what documents shall be sealed or providing documents deemed by both parties to be properly redacted. If the parties cannot agree on what documents should be sealed or what redactions should be made, the parties shall separately file proposed redactions or documents to be sealed. The filing(s) shall include a proposed order that has the effect of ensuring any documents currently on the open docket that should not be are either sealed or removed. If a document is to be redacted, the proposed order should ensure the properly redacted document is the version available on the public docket. Signed by Honorable Judge Royce C. Lamberth on 11/30/2016.
112
12/01/2016
[VACATED PURSUANT TO COURT 119 ORDER.] ORDER: Before the Court is plaintiffs' 104 Notice of Voluntary Dismissal of any and all claims brought against defendants in their individual capacities. In the alternative, plaintiffs file a motion to dismiss those claims without prejudice. Defendants have not objected to this notice or motion. For the reasons stated in the notice, the Court accepts plaintiffs' notice of voluntary dismissal of claims against defendants in their individual capacities. The dismissal is without prejudice. Signed by Honorable Judge Royce C. Lamberth on 11/30/2016. Modified on 2/17/2017.
113
12/05/2016
MOTION for Clarification of 112 Order Accepting Plaintiffs' 104 Notice of Voluntary Dismissal of Specified Claims by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 12/5/2016 to create relationship to Doc. 112.
114
12/07/2016
RESPONSE to Motion re 113 MOTION to Clarify Order filed by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange.
115
12/07/2016
RESPONSE to Plaintiffs' 113 Motion for Clarification and Hayes' MOTION to Clarify 53 Motion to Dismiss Briefing filed by Les Hayes, III. Modified on 12/8/2016 to reflect actual title and create link to Doc. 53.
12/07/2016
MOTION to Clarify 53 Motion to Dismiss Briefing by Les Hayes, III. (NO PDF, see Doc. 115 for pdf.) (Text entry; no document attached.)
116
12/08/2016
RESPONSE in Opposition re MOTION to Clarify re 53 BRIEF/MEMORANDUM in Support, and Reply to Accompanying Response to Plaintiffs' Motion (113) to Clarify Order (112) filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 12/9/2016 to clarify text to reflect as also in RESPONSE to 115 Response (qc/djy,).
117
12/08/2016
REPLY to Response to Motion re 113 MOTION to Clarify Order by Strange, Murphy and Finley (Doc. 114) filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 12/9/2016 to clarify text to reflect as REPLY to 114 Response (qc/djy,).
118
12/14/2016
JOINT FILING related to the Sealing of Specified Pages of the Exhibits to Doc. 105 filed in response to 111 Order, by Plaintiffs, Les Hayes, III, The City of Montgomery, Alabama. Modified on 12/14/2016 to clean up text and add Plaintiffs as additional filers.
1
Text of Proposed Order
1 Attachment
119
12/20/2016
ORDER: Plaintiffs moved for clarification of this Court's 112 Order accepting plaintiffs' prior notice of voluntary dismissal. That notice [ 103, 104 ] was limited to "any and all claims brought against any and all Defendants in their individual capacities under 42 U.S.C. 1983" and plaintiffs wish the Court to clarify that is the scope of the voluntary dismissal accepted by the Court. Plaintiffs shall promptly file a notice identifying each defendant who has counts against him or her being voluntarily dismissed. Plaintiffs shall specify each count being dismissed. If a count enumerated in the complaint is being dismissed in its entirety, plaintiffs shall also identify the enumerated count as being dismissed in its entirety. The Court's 112 order is VACATED. The 113 Motion to Clarify the Court's order is DENIED AS MOOT. The in-the-alternative 103 Motion to Dismiss is also DENIED AS MOOT. It is plaintiff's responsibility to specify what claims, defendants, and counts are being voluntarily dismissed pursuant to FRCP 41(a)(1). No answer or motion for summary judgment having been filed, the Court's approval of such dismissal is not required. Signed by Honorable Judge Royce C. Lamberth on 12/19/2016.
120
12/21/2016
NOTICE by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott filed in response to 119 Order, 103 Notice of Voluntary Dismissal, 104 Notice of Correction, Notice Specifying Defendants, Claims and Counts Included in Voluntary Dismissal of All Individual Capacity Claims Under Section 1983 Modified on 12/22/2016 to clean up text.
121
12/28/2016
Supplemental MOTION to Dismiss COUNT VII OF PLAINTIFFS' AMENDED COMPLAINT as the City of Montgomery, Defendants Finley, Murphy, Strange, and Hayes and BRIEF in Support Thereof by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 12/29/2016 to reflect actual title.
122
12/28/2016
MOTION to Reconsider this Court's Ruling 119 Order regarding Plaintiffs' Rule 41(a)(1)(A)(i) Dismissal by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange. Modified on 12/29/2016 to clean up text.
12/28/2016
BRIEF/MEMORANDUM in Support of 121 Supplemental MOTION to Dismiss COUNT VII OF PLAINTIFFS' AMENDED COMPLAINT filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. (NO PDF, see Doc. 121 for pdf.) (Text entry; no document attached.)
123
01/03/2017
RESPONSE to 122 Motion of Defendants Murphy, Finley and Strange to Reconsider this Court's 119 Order, Ruling Regarding Plaintiffs' Rule 41(a)(1)(A)(i) 103 Notice of Dismissal filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 1/5/2017 to clean up text and create link to Doc. 103.
124
01/04/2017
INITIAL RESPONSE in Opposition to the Filing of the 121 Supplemental MOTION to Dismiss COUNT VII in its entirety OF PLAINTIFFS' 32 AMENDED COMPLAINT filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 1/5/2017 to reflect actual title and create link to Doc. 32.
125
01/30/2017
MOTION Partial Lifting of Stay by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
1
Exhibit Alabama Court of Judiciary Final Judgment
2
Exhibit JIC Alabama Court of Judiciary Complaint
3
Exhibit Agreement and Stipulation of Partes Alabama Court of Judiciary
3 Attachments
126
02/02/2017
RESPONSE to Motion re 125 MOTION Partial Lifting of Stay For the Propose of Allowing Plaintiffs to Depose Mayor Todd Strange and Judge Les Hayes, III filed by Les Hayes, III, Todd Strange, The City of Montgomery, Alabama.
127
02/07/2017
REPLY to 126 Response to 125 MOTION Partial Lifting of Stay filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 2/9/2017 to create link to Doc. 126.
02/16/2017
Motion No Longer Referred to Judge Wallace Capel, Jr. per instruction received from chambers: 106 MOTION for Protective Order under FRCP 5.2. (NO PDF) (Text entry; no document attached.)
128
02/23/2017
Supplemental Conflict Disclosure Statement by Judicial Corrections Services, Inc. Modified on 2/24/2017 to reflect this is a supplemental statement.
129
03/06/2017
NOTICE OF FILING SUPPLEMENTAL AUTHORITY by The City of Montgomery, Alabama re 47 MOTION to Dismiss Amended Complaint Attachments: # 1 Exhibit 1, # 2 Exhibit 2) Modified on 3/10/2017 to clean up text.
130
03/09/2017
RESPONSE to Defendant The City of Montgomery's 129 Notice of Filing Supplemental Authority by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/10/2017 to reflect actual title and clean up text.
131
03/10/2017
MEMORANDUM OPINION, as further set out. Signed by Honorable Judge Royce C. Lamberth on 3/10/17.
132
03/10/2017
ORDER granting in part and denying in part 47, 48, 54, and 121 Motions to Dismiss, as further set out in order. Signed by Honorable Judge Royce C. Lamberth on 3/10/17.
1
civil appeals checklist
1 Attachment
133
03/10/2017
ORDER TO SHOW CAUSE by the parties as to why this case should not be consolidated with Carter v. City of Montgomery, 2:15cv555-RCL, as further set out in order; directing the parties to refer to the order to show cause issued on this date in Carter, which articulates the apparent overlap in the proposed classes and common factual underpinning; the parties are hereby ordered to file within 14 days a memorandum stating any reasons the court should not order the cases consolidated. Signed by Honorable Judge Royce C. Lamberth on 3/10/17.
134
03/10/2017
Notice: ORDER TO SHOW CAUSE entered in 2:15cv555-RCL on 3/10/2017 posted on the docket of this case as directed by ORDER of District Judge Royce C. Lamberth on 3/10/2017.
135
03/12/2017
MOTION to Appoint Interim Class Counsel for Putative Classes Pursuant to FRCP 23(g)(2)(A) by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/15/2017 to reflect actual title and clean up text.
136
03/24/2017
ANSWER to 32 Amended Complaint, 34 Notice of Correction re First Amended Complaint, by Judicial Corrections Services, Inc. Modified on 3/27/2017 to create link to Doc. 34.
138
03/24/2017
ANSWER to 32 Amended Complaint, by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
139
03/24/2017
ANSWER to 32 Amended Complaint, by Les Hayes, III.
140
03/24/2017
RESPONSE TO 113 ORDER TO SHOW CAUSE by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
141
03/24/2017
RESPONSE TO 133 ORDER TO SHOW CAUSE relating to the Consolidation of McCullough and Carter Cases by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/27/2017 to create link to Doc. 133.
142
03/31/2017
Joint Reply to Other Parties' Responses (ECF No. 102 in Carter, 103 in Carter, 137 in McCullough, 140 in McCullough) to the Court's Show-Cause Order (ECF No. 133 in McCullough; ECF No. 99 in Carter) relating to the Consolidation of the McCullough and Carter (2:15cv555-RCL) cases, filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 4/14/2017 to include links and clean up text.
143
04/06/2017
NOTICE OF APPEAL as to 132 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, 131 Memorandum Opinion and Order by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama
144
04/06/2017
NOTICE OF APPEAL by Les Hayes, III Modified on 4/7/2017, to Create relationship to document # 131 MEMORANDUM OPINION and 132 ORDER entered on 03/10/2017.
145
04/07/2017
Appeal Instructions sent to Attorney Shannon L. Holliday counsel for Ernest N. Finley, Jr., individually; Kevin Murphy, individually; Todd Strange, individually; and the City of Montgomery, Alabama re 143 Notice of Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript.
146
04/07/2017
Transmission of Notice of Appeal, 47 MOTION to Dismiss Amended Complaint, 48 MOTION to Dismiss Amended Complaint, 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 121 Supplemental MOTION to Dismiss COUNT VII OF PLAINTIFFS' AMENDED COMPLAINT, 131 Memorandum Opinion and Order, 132 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, and Docket Sheet to US Court of Appeals re 143 Notice of Appeal.
1
APPEAL PACKAGE
1 Attachment
147
04/07/2017
Appeal Instructions sent to Attorney Shannon L. Holliday counsel for Les Hayes, III, individually and in his official capacity, re 144 Notice of Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript.
148
04/07/2017
Transmission of Notice of Appeal, 47 MOTION to Dismiss Amended Complaint, 48 MOTION to Dismiss Amended Complaint, 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 121 Supplemental MOTION to Dismiss COUNT VII OF PLAINTIFFS' AMENDED COMPLAINT, 131 Memorandum Opinion and Order, and Docket Sheet to US Court of Appeals, 132 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, re 144 Notice of Appeal.
1
APPEAL PACKAGE
1 Attachment
149
04/11/2017
USCA Case Number 17-11554-J for 143 Notice of Appeal, filed by Todd Strange, Kevin Murphy, Ernest N. Finley, Jr., The City of Montgomery, Alabama.
150
04/11/2017
USCA Case Number 17-11554-J for 144 Notice of Appeal filed by Les Hayes, III.
151
04/11/2017
USCA Appeal Fees received $ 505.00 receipt number 4602044901 re 143 Notice of Appeal, filed by Todd Strange, Kevin Murphy, Ernest N. Finley, Jr., The City of Montgomery, Alabama 11th Circuit Appeal No. 17-11554-J.
152
04/11/2017
USCA Appeal Fees received $ 505.00 receipt number 4602044902 re 144 Notice of Appeal filed by Les Hayes, III
153
04/25/2017
ORDER: Following this Court's Order to Show Cause 133, plaintiffs in this case filed a motion for appointment of interim class counsel 135. The motion appears predicated on the consolidation of this case with Carter, 2:15-555. As the Court reads the motion, the Court's separate order issued on this date determining that there will be no consolidation at this time obviates the need for interim class counsel. Accordingly, the motion to appoint interim class counsel 135 is DENIED AS MOOT. Signed by Honorable Judge Royce C. Lamberth on 4/25/2017.
154
04/25/2017
ORDER: The Court hereby ORDERS that the parties shall meet and confer within ten (ten) days of this date. The parties' discussion shall include the effect of the notice of appeal on this case and this Court's powers while the appeal is pending. It is further ORDERED that, within ten (10) days thereafter, a report shall be filed with the Court articulating the positions of the parties, along with a proposed scheduling order. Signed by Honorable Judge Royce C. Lamberth on 4/25/2017.
155
04/26/2017
ORDER: Before the Court is the Joint Filing Related to the Sealing of Specified Pages of the Exhibits to Doc. 105 filed by the Plaintiffs and the City of Montgomery and Defendant Hayes pursuant to this Court's Order of 11/30/2016 (Doc. 111) indicating these parties agreement to the sealing of the following pages of Exhibits 4, 6 and 10 to Doc. 105 : 1. Doc. 105 -4, page 2; 2. Doc. 105 -6, page 3; 3. Doc. 105 -10, pages 3 and 4. The Clerk of the Court is ordered to place these specified pages of Exhibits 4, 6, and 10 to Doc. 105 under seal. In light of this Joint Filing (Doc. 118), plaintiffs' motion for a protective order 106 is DENIED AS MOOT. Signed by Honorable Judge Royce C. Lamberth on 4/25/2017.
156
04/26/2017
TEXT ORDER: Due to technical limitations it is not possible to seal individual pages per the Court 155 Order signed April 25, 2017. Due to this limitation and the joint filing of the parties requesting parts of Documents 105 -4, 105 -6, and 105 -10 be sealed, the Court orders that documents 105 -4, 105 -6, 105 -10 be sealed in their entirety until such technical issues are obviated or any person moves for unsealing of such documents. Signed by Honorable Judge Royce C. Lamberth on 4/26/2017. (NO PDF)
157
05/08/2017
Joint MOTION for Protective Order by Angela McCullough, Marquita Johnson, Kenny Jones, Algi Edwards, Levon Agee, Adrian Eddie Floyd, Hassan Caldwell, Devron James, Ashley Dawn Scott, and Christopher Mooney, and Defendants The City of Montgomery, Earnest N. Finley Jr., Kevin Murphy, Les Hayes III, Judicial Correction Services, and Todd Strange. Modified on 5/12/2017 to include additional filers.
1
Exhibit A - Proposed Protective Order
1 Attachment
158
05/10/2017
MOTION to Stay Case by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
159
05/15/2017
REPORT of Rule 26(f) Planning Meeting.
160
05/17/2017
COMBINED RESPONSE in Opposition to the 158 MOTION to Stay Case and MOTION to Declare Appeals Frivolous filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 5/18/2017 to clean up text.
161
05/24/2017
REPLY BRIEF re 160 Response to Motion, IN SUPPORT OF MOTION TO DISMISS filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
162
05/24/2017
CORRECTED REPLY BRIEF re 160 Response to Motion, IN SUPPORT OF MOTION TO STAY filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 5/26/2017 to include "corrected."
06/07/2017
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: 143 Notice of Appeal, 144 Notice of Appeal, Appeal No. 17-11554-JJ. The entire record on appeal is available electronically. (Text entry; no document attached.)
163
06/26/2017
ORDER of USCA as to 143 Notice of Appeal, 11th Circuit Appeal No. 17-11554-JJ; The "Motion for Leave to File Brief of Amici Curiae the Alabama League of Municipalities; the Alabama Municipal Insurance Corporation; and the Georgia Municipal Association, Inc. in Support of Defendants-Appellants and for Reversal" is GRANTED. Frank M Hull, UNITED STATES CIRCUIT JUDGES.
164
08/09/2017
ORDER GRANTING 158 MOTION to Stay further proceedings in this case pending action by the Eleventh Circuit to resolve the issues before it in The City of Montgomery, Alabama, et al. v. Angela McCullough, et al., Case No. 17-11554 (11th Cir.), and Les Hayes, III v. Angela McCullough, et al., Case No. 17-11555 (11th Cir.). Signed by Honorable Judge Royce C. Lamberth on 8/9/17.
165
08/15/2017
Appeal Remark re 143 Notice of Appeal, 144 Notice of Appeal : 11th Circuit Appeal No. 17-11554-JJ: USCA Letter addressed to Mary Mangan stating: Attorney Mangan's motion to withdraw is GRANTED.
166
08/17/2017
ORDER of USCA as to 143 Notice of Appeal, filed by Todd Strange, Kevin Murphy, Ernest N. Finley, Jr., The City of Montgomery, Alabama, and 144 Notice of Appeal filed by Les Hayes, III 11th Circuit Appeal No. 17-11554-JJ: The motion to amend our order of 7/18/2017 is GRANTED. The 7/18/2017 order is VACATED. The order is hereby reissued as follows. The motion of Plaintiffs-Appellees to dismiss this appeal is GRANTED IN PART and DENIED IN PART as further set out in the order. The appeal may proceed to the extent any individual defendant is appealing from the denial of judicial, qualified, or discretionary function immunity. The appeal is dismissed in all other respects. Before HULL, MARCUS and ROSENBAUM, Circuit Judges. BY THE COURT.
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