City of Stockbridge, Georgia et al v. Tina Lunsford et al
| Georgia Northern District Court | |
| Judge: | Leigh Martin May |
| Case #: | 1:18-cv-03961 |
| Nature of Suit | 441 Civil Rights - Voting |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Aug 20, 2018 |
| Terminated: | Nov 15, 2018 |
| Last checked: Saturday Feb 16, 2019 4:21 AM EST |
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Defendant
Tina Lunsford
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Represented By
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Defendant
Arch Brown
McDonough, GA 30253
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Represented By
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Defendant
Andy Callaway
Henry County Board of Elections 40 Atlanta Street
McDonough, GA 30253 |
Represented By
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Defendant
Christopher M. Carr
Atlanta, GA 30334
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Represented By
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Defendant
Jon Kirkpatrick
Henry County Board of Elections 40 Atlanta Street
McDonough, GA 30253 |
Represented By
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Defendant
Dan Richardson
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Represented By
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Defendant
Mildred Schmelz
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Represented By
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Plaintiff
Elton Alexander
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Represented By
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Plaintiff
John Blount
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Represented By
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Plaintiff
City of Stockbridge, Georgia
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Represented By
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Plaintiff
Urban Redevelopment Agency of the City of Stockbridge
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Nathan Deal
Terminated: 09/12/2018
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Represented By
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Defendant
Secretary of State Brian Kemp
Terminated: 09/06/2018
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Defendant
State of Georgia
Terminated: 09/12/2018
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Represented By
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| Docket last updated: 5 hours ago |
| Thursday, November 15, 2018 | ||
| 45 | 45
misc
Stipulation of Dismissal
Thu 11/15 9:34 AM
STIPULATION of Dismissal Without Prejudice by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (Anulewicz, Christopher) |
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misc
Clerks Entry of Dismissal
Thu 11/15 10:06 AM
Clerk's Entry of Dismissal APPROVING45 Stipulation of Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (rvb) |
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utility
Terminate Civil Case
Thu 11/15 10:07 AM
Civil Case Terminated. (rvb) |
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| Thursday, November 01, 2018 | ||
| 44 | 44
cmp
Amended Complaint
Thu 11/01 3:04 PM
THIRD AMENDED COMPLAINT against Arch Brown, Andy Callaway, Christopher M. Carr, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge.(btql) |
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| 43 | 43
4
pgs
order
Order on Motion for Leave to File Order on Motion for Reconsideration
Thu 11/01 2:54 PM
ORDER GRANTING36 Motion for Leave to File Third Amended Complaint and DENYING42 Motion for Reconsideration. Signed by Judge Leigh Martin May on 11/1/2018. (btql) |
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| Tuesday, October 30, 2018 | ||
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order
Order
Tue 10/30 10:59 AM
MINUTE ORDER: Defendants shall respond, if they so choose, by 5:00 PM on Friday, November 2, 2018 to Plaintiffs'42 MOTION for Reconsideration re40 Order on Motion for Preliminary Injunction. Approved by Judge Leigh Martin May on 10/30/2018. (rvb) |
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utility
Submission to District Judge
Tue 10/30 3:51 PM
Submission of36 MOTION for Leave to File Third Amended Complaint to District Judge Leigh Martin May. (btql) |
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| Monday, October 29, 2018 | ||
| 42 | 42
motion
Reconsideration
Mon 10/29 7:49 PM
MOTION for Reconsideration re40 Order on Motion for Preliminary Injunction Expedited with Brief In Support by Elton Alexander, John Blount, City of Stockbridge, Georgia. |
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Att: 1
Exhibit A (A ct 548 ),
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Att: 2
Exhibit B (Act 559,
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Att: 3
Exhibit C (Debt Agreement),
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Att: 4
Exhibit D (December 14, 2004 Revenue Bond),
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Att: 5
Exhibit E (November 14, 2004 Assignment and Security Agreement),
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Att: 6
Exhibit F (October 15, 2014 Master Absolute Assignment Agreement ),
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Att: 7
Exhibit G (Moodys Reports),
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Att: 8
Exhibit H (Stockbridge De-Annexation Analysis))(Anulewicz, Christopher
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| Friday, October 26, 2018 | ||
| 41 | 41
misc
Transcript
Fri 10/26 11:09 AM
TRANSCRIPT of Proceedings held on 9/24/2018, before Judge Leigh Martin May. Court Reporter Montrell Vann, Telephone number 404-215-1549. Transcript may be purchased through the Court Reporter. Redaction Request due 11/16/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/24/2019. (mv) |
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Att: 1
Appendix Notice of Filing of Transcript
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| Friday, October 19, 2018 | ||
| 40 | 40
19
pgs
order
Order on Motion for Preliminary Injunction
Fri 10/19 3:40 PM
ORDER DENYING14 Motion for Preliminary Injunction. Signed by Judge Leigh Martin May on 10/19/2018. (btql) |
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| Wednesday, October 17, 2018 | ||
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misc
Clerks Notation for LOA/CIP
Wed 10/17 8:54 AM
Clerks Notation re39 Corporate Disclosure Statement, reviewed and approved by LMM. (rvb) |
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| Tuesday, October 16, 2018 | ||
| 39 | 39
discov
Corporate Disclosure Statement
Tue 10/16 3:12 PM
Corporate Disclosure Statement by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz.(Lacy, William) |
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| 38 | 38
answer
Answer to Amended Complaint
Tue 10/16 3:11 PM
Defendants' Consolidated ANSWER to25 Amended Complaint Second Amended Complaint by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. Discovery ends on 3/15/2019.(Lacy, William) |
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| Friday, October 12, 2018 | ||
| 37 | 37
misc
Leave of Absence
Fri 10/12 6:06 PM
Notice for Leave of Absence for the following date(s): November 12-14, 2018, November 27, 2018, November 30, 2018, and December 12-13, 2018, by Christopher S. Anulewicz. (Anulewicz, Christopher) |
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| 36 | 36
motion
Leave to File Document
Fri 10/12 2:41 PM
MOTION for Leave to File Third Amended Complaint with Brief In Support by City of Stockbridge, Georgia.(Anulewicz, Christopher) |
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Att: 1
Exhibit A-Proposed Third Amended Complaint
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utility
Submission to District Judge
Fri 10/12 10:06 AM
Submission of14 MOTION for Preliminary Injunction to District Judge Leigh Martin May. (btql) |
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| Thursday, October 11, 2018 | ||
| 35 | 35
respm
Reply to Response to Motion
Thu 10/11 4:54 PM
REPLY to Response to Motion re13 MOTION for Preliminary Injunction /Plaintiffs' Memorandum in Support of Their Motion for Preliminary Injunction filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (Anulewicz, Christopher) |
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| Thursday, October 04, 2018 | ||
| 34 | 34
2
pgs
order
Order on Motion for Leave to File Excess Pages
Thu 10/04 3:21 PM
ORDER granting31 Motion for Leave to File Excess Pages. Signed by Judge Leigh Martin May on 10/3/18. (hfm) |
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order
Order
Thu 10/04 11:27 AM
MINUTE ORDER extending the time for Plaintiffs to file their Reply to Christopher Carr's Response to the Motion for Preliminary Injunction to Friday, October 12, 2018. Approved by Judge Leigh Martin May on 10/04/2018. (rvb) |
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| Wednesday, October 03, 2018 | ||
| 33 | 33
respm
Response (Non-Motion)
Wed 10/03 6:10 PM
RESPONSE re23 Motion Hearing, Intervenors' Argument that Stockbridge Should Pay Its Bonded Debt from Its Reserve Fund filed by City of Stockbridge, Georgia.(Quinn, Stephen) |
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Att: 1
5 pgs
Affidavit Declaration of Larry Kidwell,
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Att: 2
Exhibit A - Kidwell Qualifications,
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Att: 3
Exhibit B - Stockbridge 2017 Audit,
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Att: 4
Exhibit C - S&P Global Report,
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Att: 5
Exhibit D - Moodys Report
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| 32 | 32
respm
Response in Opposition to Motion
Wed 10/03 5:58 PM
RESPONSE in Opposition re13 MOTION for Preliminary Injunction /Plaintiffs' Memorandum in Support of Their Motion for Preliminary Injunction ,14 MOTION for Preliminary Injunction filed by Christopher M. Carr. (Correia, Cristina) |
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| 31 | 31
motion
File Excess Pages
Wed 10/03 5:51 PM
MOTION for Leave to File Excess Pages by Christopher M. Carr.(Correia, Cristina) |
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Att: 1
Text of Proposed Order
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| 30 | 30
respm
Response (Non-Motion)
Wed 10/03 4:32 PM
RESPONSE re23 Motion Hearing, Intervenors' Argument Regarding Section 7.15(h) of Act 548 filed by City of Stockbridge, Georgia.(Quinn, Stephen) |
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Att: 1
Exhibit A - Act 179 of the 1929 General Assembly
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| Monday, October 01, 2018 | ||
| 29 | 29
2
pgs
order
Order on Motion for Extension of Time to Answer
Mon 10/01 2:05 PM
ORDER granting28 Motion for Extension of Time to Answer re25 Amended Complaint. Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, and Mildred Schmelz Answers due 10/17/2018. Signed by Judge Leigh Martin May on 10/1/18. (hfm) |
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| Friday, September 28, 2018 | ||
| 28 | 28
motion
Extension of Time to File Answer to Complaint
Fri 09/28 3:15 PM
Joint MOTION for Extension of Time to File Answer re25 Amended Complaint, by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz.(Lacy, William) |
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Att: 1
Text of Proposed Order
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| Wednesday, September 26, 2018 | ||
| 27 | 27
1
pgs
service
Waiver of Service Executed
Wed 09/26 2:54 PM
WAIVER OF SERVICE Returned Executed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. Christopher M. Carr waiver mailed on 9/26/2018, answer due 11/26/2018. (Anulewicz, Christopher) |
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| 26 | 26
1
pgs
service
Request for Waiver of Service
Wed 09/26 11:32 AM
REQUEST FOR WAIVER of Service mailed to Christopher M. Carr on 9/26/2018. (Anulewicz, Christopher) |
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| 25 | 25
cmp
Amended Complaint
Wed 09/26 11:27 AM
Second AMENDED COMPLAINT against All Defendants filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge.(Anulewicz, Christopher) |
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| Tuesday, September 25, 2018 | ||
| 24 | 24
3
pgs
order
Order ~Util - Set Submission Deadline
Tue 09/25 2:38 PM
ORDER that Plaintiffs in both actions to amend their complaints to join Attorney General Christopher Carr to this action and serve him by Wednesday, September 26, 2018. The Attorney General is ORDERED to respond to the Plaintiffs' Motions for Preliminary Injunctions by Wednesday, October 3, 2018. The Attorney General may raise any immunity arguments in that brief, if he so chooses, but the Court also ORDERS the Attorney General to address Plaintiffs' arguments on the merits-specifically, whether the State had a public purpose in enacting these Acts. The parties are also ORDERED to serve the Attorney General with this Order simultaneously with their amended complaints. Plaintiffs are ORDERED to file Reply Briefs to the Attorney General's Response, if they so choose, by Monday, October 8, 2018. Signed by Judge Leigh Martin May on 9/25/18. (hfm) |
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| Monday, September 24, 2018 | ||
| 23 | 23
minutes
Motion Hearing
Tue 09/25 11:09 AM
Minute Entry for proceedings held before Judge Leigh Martin May: Motion Hearing held on 9/24/2018 re14 MOTION for Preliminary Injunction. The Court heard from Plaintiffs' and Defendants' counsel. The motion was taken under advisement. A written order will follow. (Court Reporter Montrell Vann)(hfm) |
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| Friday, September 21, 2018 | ||
| 22 | 22
respm
Response (Non-Motion)
Fri 09/21 11:24 AM
RESPONSE re15 Order Setting Hearing on Motion,, Re: Service on Defendants filed by Elton Alexander, John Blount, City of Stockbridge, Georgia.(Anulewicz, Christopher) |
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Att: 1
Exhibit A (Defendants' Response to Motion for Preliminary Injunction)
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| 21 | 21
respm
Response to Motion
Fri 09/21 11:17 AM
RESPONSE re14 MOTION for Preliminary Injunction filed by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Lacy, William) |
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| Thursday, September 20, 2018 | ||
| 20 | 20
respm
Response (Non-Motion)
Thu 09/20 4:44 PM
RESPONSE re18 Order,,, filed by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Anulewicz, Christopher) |
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| 19 | 19
notice
Notice (Other)
Thu 09/20 2:33 PM
NOTICE by Secretary of State Brian Kemp re18 Order,,, Response to Court's Order (Correia, Cristina) |
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| Monday, September 17, 2018 | ||
| 18 | 18
2
pgs
order
Order
Mon 09/17 4:11 PM
ORDER: Upon a sua sponte review of these matters, Plaintiffs in both actions are ORDERED by Thursday September 20, 2018 to brief the following issues: 1. Whether this matter is ripe, when the Act does not go into effect unless the residents vote to deannex the City of Eagle's Landing, see SB 263 § 7.13; and, 2. As Plaintiffs substantively allege the De-Annexation Acts violate the Contract Clause, whether the State or its representatives are necessary parties under Rule 19? See, e.g., Vesta Fire Ins. Corp. v. State of Fla., 141F.3d 1427, 1433 (11th Cir. 1998) ("The Contract Clause of the United States Constitution provides that '[n]o State shall... pass any... Law impairing the Obligation of Contracts.") (emphasis added). Defendants are also ORDERED to be prepared to discuss these matters at Monday's hearing. Signed by Judge Leigh Martin May on 9/17/18. (hfm) |
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| 17 | 17
2
pgs
order
Order on Motion for Extension of Time to Answer
Mon 09/17 11:04 AM
ORDER granting16 Motion for Extension of Time to Answer re11 Amended Complaint. Arch Brown Answer due 10/1/2018; Andy Callaway Answer due 10/1/2018; Jon Kirkpatrick Answer due 10/1/2018; Tina Lunsford Answer due 10/1/2018. Signed by Judge Leigh Martin May on 9/14/18. (hfm) |
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| Friday, September 14, 2018 | ||
| 16 | 16
motion
Extension of Time to File Answer to Complaint
Fri 09/14 4:16 PM
Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz.(Lacy, William) |
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Att: 1
Text of Proposed Order
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| 15 | 15
2
pgs
order
Order Setting Hearing on Motion
Fri 09/14 1:58 PM
ORDER Setting Hearing on Motion re14 MOTION for Preliminary Injunction: Motion Hearing set for 9/24/2018 at 01:00 PM in ATLA Courtroom 2107 before Judge Leigh Martin May. Plaintiffs are ORDERED to serve Defendants with a copy of this Order, the Amended Complaint, and the Motion for Preliminary Injunction by close of business on Monday, September 17, 2018. Plaintiffs should file proof of service on the docket once Defendants have been served with this Order and the pleadings. Defendants are DIRECTED to file a Response Brief on Thursday,September 20, 2018 by 3:00 p.m. If Plaintiffs are inclined to file a Reply Brief, its reply shall be due by noon on Friday, September 21, 2018. Signed by Judge Leigh Martin May on 9/14/18. (hfm) |
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| Thursday, September 13, 2018 | ||
| 14 | 14
motion
Preliminary Injunction
Thu 09/13 4:31 PM
MOTION for Preliminary Injunction by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Anulewicz, Christopher) |
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| 13 | 13
motion
Preliminary Injunction
Thu 09/13 4:15 PM
MOTION for Preliminary Injunction /Plaintiffs' Memorandum in Support of Their Motion for Preliminary Injunction with Brief In Support by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge.(Anulewicz, Christopher) |
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Att: 1
Exhibit A-Stockbridge De-Annexation Fiscal Analysis,
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Att: 2
Exhibit B-Supplemental to Stockbridge De-Annexation Fiscal Analysis,
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Att: 3
Exhibit C-Act 548,
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Att: 4
Exhibit S-Act 559
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| 12 | 12
notice
Notice of Filing
Thu 09/13 4:10 PM
NOTICE Of Filing Verification by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge re11 Amended Complaint,(Anulewicz, Christopher) |
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Att: 1
Exhibit A -Verification of Anthony S. Ford
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| 11 | 11
cmp
Amended Complaint
Thu 09/13 9:04 AM
First AMENDED COMPLAINT against Tina Lunsford, Andy Callaway, Jon Kirkpatrick, Mildred Schmelz, Dan Richardson, Arch Brown filed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge.(Anulewicz, Christopher) |
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| Wednesday, September 12, 2018 | ||
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misc
Clerks Entry of Dismissal
Wed 09/12 10:42 AM
Clerk's Entry of Dismissal APPROVING10 Notice of Voluntary Dismissal, without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i) as to State of Georgia and Governor Nathan Deal. (hfm) |
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| Tuesday, September 11, 2018 | ||
| 10 | 10
notice
Notice of Voluntary Dismissal
Tue 09/11 2:35 PM
NOTICE of Voluntary Dismissal Without Prejudice as to Defendants State of Georgia and Governor Nathan Deal filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge (Anulewicz, Christopher) |
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| Monday, September 10, 2018 | ||
| 9 | 9
1
pgs
service
Return of Service Executed
Mon 09/10 10:06 AM
Return of Service Executed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. State of Georgia served on 8/30/2018, answer due 9/20/2018. (Anulewicz, Christopher) |
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| 8 | 8
service
Return of Service Executed
Mon 09/10 10:03 AM
Return of Service Executed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. Nathan Deal served on 8/30/2018, answer due 9/20/2018. (Anulewicz, Christopher) |
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| 7 | 7
notice
Notice of Appearance
Mon 09/10 9:58 AM
NOTICE of Appearance by Cristina Correia on behalf of Nathan Deal, State of Georgia (Correia, Cristina) |
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| Thursday, September 06, 2018 | ||
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misc
Clerks Entry of Dismissal
Thu 09/06 2:39 PM
Clerk's Entry of Dismissal APPROVING6 Notice of Voluntary Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i) as to Brian Kemp. (hfm) |
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| Wednesday, September 05, 2018 | ||
| 6 | 6
notice
Notice of Voluntary Dismissal
Wed 09/05 4:43 PM
NOTICE of Voluntary Dismissal as to Defendant Brian Kemp filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge (Anulewicz, Christopher) |
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| Monday, August 27, 2018 | ||
| 5 | 5
service
Acknowledgment of Service
Mon 08/27 4:44 PM
ACKNOWLEDGMENT OF SERVICE Executed filed by Tina Lunsford. All Plaintiffs. (Jaugstetter, Patrick) |
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| Thursday, August 23, 2018 | ||
| 4 | 4
30+
pgs
order
Order
Thu 08/23 3:12 PM
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 8/23/18. (hfm) |
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| Wednesday, August 22, 2018 | ||
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misc
Clerks Notation for LOA/CIP
Wed 08/22 1:07 PM
Clerks Notation re3 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
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| Tuesday, August 21, 2018 | ||
| 2 | 2
service
Electronic Summons Issued
Tue 08/21 3:31 PM
Electronic Summons Issued as to Nathan Deal, Tina Lunsford, Secretary of State Brian Kemp, State of Georgia.(bnw) |
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Att: 1
Summons State of Georgia,
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Att: 2
2 pgs
Summons Secretary of State Brian Kemp,
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Att: 3
Summons Secretary of State Brian Kemp
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| Monday, August 20, 2018 | ||
| 3 | 3
misc
Certificate of Interested Persons
Tue 08/21 3:35 PM
Certificate of Interested Persons and Corporate Disclosure Statement by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (bnw) |
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| 1 | 1
cmp
Complaint
Tue 08/21 3:29 PM
COMPLAINT filed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. (Filing fee $400, receipt number 113E-8093115)(bnw) |
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Att: 1
Civil Cover Sheet
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