Thornton v. Hospitality Management Associates, Inc. et al (mag2)
Court Docket Sheet

Middle District of Alabama

2:2016-cv-00347 (almd)

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Description
1
05/16/2016
COMPLAINT against Douglas Gurney, Hospitality Management Associates, Inc. (Filing fee $ 400.00 receipt number 4602041175.), filed by Christopher Thornton.
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fee receipt
1 Attachment
2
05/16/2016
Corporate/Conflict Disclosure Statement by Christopher Thornton.
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05/16/2016
Summons Issued as to Douglas Gurney, Hospitality Management Associates, Inc. and returned to counsel for personal service on defendants.
05/19/2016
NOTICE of Assignment to Magistrate Judge mailed to counsel for Christopher Thornton. (No pdf attached to this entry) (Text entry; no document attached.)
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08/03/2016
SUMMONS Returned Executed by Christopher Thornton. Hospitality Management Associates, Inc. served on 7/14/2016, answer due 8/4/2016.
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08/03/2016
SUMMONS Returned Executed by Christopher Thornton. Douglas Gurney served on 7/14/2016, answer due 8/4/2016.
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09/06/2016
ORDERED that, on or before September 19, 2016, Thornton shall SHOW CAUSE why his claims against Defendants should not be dismissed for want of prosecution. Signed by Honorable Judge Gray M. Borden on 9/6/2016.
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09/16/2016
Return Receipt Card showing service of 6 Order to Show Cause signed by Maryann McCrory for Hospitality Management Associates, Inc. served on 9/14/2016.
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09/16/2016
Return Receipt Card showing service of 6 Order to Show Cause signed by Maryann McCrory for Douglas Gurney served on 9/14/2016.
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09/19/2016
RESPONSE TO ORDER TO SHOW CAUSE by Christopher Thornton re 6 Order to Show Cause.
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Exhibit A
1 Attachment
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09/19/2016
MOTION for Extension of Time to File Answer re 1 Complaint by Douglas Gurney, Hospitality Management Associates, Inc.
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09/20/2016
NOTICE of Assignment to Magistrate Judge sent to counsel for Douglas Gurney, Hospitality Management Associates, Inc.
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09/20/2016
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Hospitality Management Associates, Inc., Douglas Gurney; Corporate Disclosures due by 9/30/2016.
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Corporate/Conflict Disclosure Attachment
1 Attachment
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09/20/2016
ORDER granting 10 Request for Extension of Time; Dfts shall file a responsive pleading in this matter on or before 10/14/2016. Signed by Honorable Judge Gray M. Borden on 9/20/2016.
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09/20/2016
Corporate/Conflict Disclosure Statement by Douglas Gurney, Hospitality Management Associates, Inc. re 12 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement.
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10/25/2016
ORDER re the parties right to consent or to request reassignment; counsel for the parties are ORDERED to complete the appropriate attached form so that the form is received by the Clerk on or before 11/15/2016, as further set out in order. Signed by Honorable Judge Gray M. Borden on 10/25/2016.
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10/25/2016
ORDERED that, on or before 11/1/2016, Plf shall show cause, if any exists, as to why this case should not be dismissed for want of prosecution. Signed by Honorable Judge Gray M. Borden on 10/25/2016.
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10/28/2016
MOTION for Extension of Time to File Answer re 1 Complaint by Douglas Gurney, Hospitality Management Associates, Inc.
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10/28/2016
ANSWER to 1 Complaint by Douglas Gurney, Hospitality Management Associates, Inc.
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10/31/2016
RESPONSE TO ORDER TO SHOW CAUSE by Christopher Thornton re 16 Order to Show Cause.
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10/31/2016
TEXT ORDER granting 17 Motion for Extension of Time to Answer. Signed by Honorable Judge Gray M. Borden on 10/31/2016. (No pdf attached to this entry)
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10/31/2016
ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 11/21/2016; counsel for the parties are DIRECTED to complete and to send to the Clerk of Court the appropriate attached form so that the form is received by the Clerk of Court on or before 11/21/2016, as further set out in order. Signed by Honorable Judge Gray M. Borden on 10/31/2016.
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11/21/2016
REPORT of Rule 26(f) Planning Meeting.
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12/12/2016
Case Reassigned to Honorable Judge Myron H. Thompson as presiding judge; Honorable Judge Gray M. Borden no longer assigned to the case as presiding judge.
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12/13/2016
ORDER REFERRING CASE to Magistrate Judge Honorable Gray M. Borden for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 12/13/2016.
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12/13/2016
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 3/8/2018, in Montgomery, AL, before Honorable Judge Myron H. Thompson; Non-Jury Trial set for 4/16/2018, in Montgomery, AL, before Honorable Judge Myron H. Thompson; Dispositive and Daubert Motions due by 9/8/2017; Mediation Notice due by 8/14/2017; Amended Pleadings due by 2/27/2017; Discovery due by 8/9/2017, as further set out in order. Dispositive and Daubert Motions due by 9/8/2017; Mediation Notice due by 8/14/2017 Signed by Honorable Judge Gray M. Borden on 12/13/2016. (furn: calendar, ag)
40
06/26/2017
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that Thornton's 29 Motion for Sanctions and 30 Rule 37(a)(5)(A) Motion for Expenses be GRANTED; Accordingly, the Magistrate Judge recommen ds: 1) That a default judgment be entered against Dfts Hospitality Management Associates, Inc. and Douglas Gurney; 2) That the default judgment include injunctive relief in the form of repairs sufficient to cure the following defects and thus to brin g the facility at 1104 East Fairview Avenue, Montgomery, Alabama, in compliance with the provisions of the Americans with Disabilities Act, as further set out; 3) That the default judgment include an award to Thornton of attorney's fees in the a mount of $5,195 and expenses of $3,013.62, to be assessed against Dfts Hospitality Management Associates, Inc. and Douglas Gurney and their counsel of record, Charles Ted Turnipseed, Jr., jointly and severally; Objections to R&R due by 7/10/2017. Signed by Honorable Judge Gray M. Borden on 6/26/2017.
42
08/24/2017
JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 40 recommendation is adopted; (2) Plf Christopher Thornton's 29 motion for sanctions is granted to the extent that the following sanctions are awarded, and in all other respects is denied without prejudice: (a) Attorneys' fees and expenses in the amount of $ 4,140.50 for preparation of the 29 motion for sanctions; (b) Fees and costs of $ 3,013.62 for the expert inspector; and (c) A default judgment on plf Thornton's complaint, which will be entered separately; (3) Plf Thornton's 30 motion for expenses, in which he requests payment of $ 1,053.50 as fees and expenses involved in t he preparation of the 26 motion to compel discovery, is granted; (4) In sum, plf Thornton shall have and recover from dfts Hospitality Management Associates, Inc. and Douglas Gurney and from their attorney Charles Turnipseed, jointly and severally, a total of $ 8,207.62: $ 5,194.00 ($ 4,140.50 plus $ 1,053.50) in attorneys' fees and expenses, plus $ 3,013.62 in expenses for the expert inspection, plus interest running from today; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 8/24/2017.
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08/24/2017
DEFAULT JUDGMENT AND INJUNCTION: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Default judgment is entered in favor of plf Christopher Thornton and against dfts Hospitality Management Associates, Inc. and Douglas Gurney on plf Thornton's complaint; (2) Dfts Hospitality Management Associates, Inc. and Gurney have violated and continue to violate Title III of the Americans with Disabilities Act (ADA), 42 USC 12181, et seq., and its implementing regulations, see 28 C.F. R. Part 36, through their operation of their business, 1048 Blues and Jazz, and through the condition of their property, 1104 East Fairview Ave, Montgomery, Alabama 36106, in the design of parking lot, the entranceways from the parking lot to and thr oughout the music/entertainment areas and service areas, the bathrooms, the paths of travel, and the common areas; (3) Dfts Hospitality Management Associates, Inc. and Gurney, their officers, agents, servants, employees, and attorneys and all other p ersons who are in active concert or participation with them and who receive actual notice of this judgment are ENJOINED and RESTRAINED from failing, by 9/29/2017, to make repairs sufficient to cure the following defects and thus to bring their facili ty at 1104 East Fairview Avenue, Montgomery, Alabama, into compliance with the provisions of the ADA, as further set out in judgment; further ORDERED that costs are taxed against dfts Hospitality Management Associates, Inc. and Gurney, for which exec ution may issue; Should plf Thornton seek attorney's fees (not already awarded) as the prevailing party in this litigation, plf Thornton should file an appropriate motion for such fees; DIRECTING the clerk to enter this document on the civil doc ket as a final judgment pursuant to Rule 58 FRCP; DIRECTING the clerk to serve a copy of this default judgment and injunction, as well as copies of the other judgment and opinion entered today, on dfts Hospitality Management Associates, Inc. and Gurn ey by certified mail, return receipt requested. Signed by Honorable Judge Myron H. Thompson on 8/24/2017. (furn: calendar, ag) (term: PTC for 03/08/2018; Non-Jury Trial for 04/16/2018)
60
06/26/2018
Appeal In Forma Pauperis
61
06/26/2018
Order on Motion for Leave to Appeal In Forma Pauperis

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