CRESPO v. GEORGIA
| Georgia Middle District Court | |
| Judge: | C Ashley Royal |
| Case #: | 3:20-cv-00038 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 17, 2020 |
| Terminated: | Mar 15, 2021 |
| Last checked: Sunday Sep 13, 2020 7:09 AM EDT |
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Defendant
JOSEPH BRAMLETT
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Represented By
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Defendant
DAVID ZAJACI
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Represented By
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Defendant
ERIC YARBOUROUGH
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Represented By
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Defendant
ROBERT SHUMAN
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Represented By
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Defendant
JESSICA SCOGGINS
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Represented By
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Defendant
LANCE SAVAGE
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Represented By
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Defendant
JOHN MURA
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Represented By
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Defendant
KIRK MCLEROY
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Represented By
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Defendant
VICTOR MARTINEZ
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Represented By
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Defendant
NINA M LEE
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Represented By
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Defendant
CHRIS LABOWICZ
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Represented By
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Defendant
MASON HENSON
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Represented By
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Defendant
JACQUELINE PAYNE FLETCHER
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Represented By
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Defendant
CHARLIE DALTON
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Represented By
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Defendant
DEPUTY CHARLES CLINE
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Represented By
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Defendant
SAM ASTIN
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Represented By
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Defendant
LAYLA H ZON
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Represented By
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Defendant
WALTON COUNTY GEORGIA
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Represented By
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Defendant
ALEX STONE
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Represented By
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Defendant
HENRY HUFF
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Represented By
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Defendant
DREW ANN HUDSON
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Represented By
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Defendant
BRIAN GRANGER
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Represented By
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Defendant
STATE OF GEORGIA
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Represented By
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Defendant
SAM DUFF
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Represented By
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Defendant
JOE CHAPMAN
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Represented By
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Defendant
MICHAEL BLAKEMAN
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Defendant
JERI COLLYN BLAKEMAN
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Plaintiff
DAVID BRYAN CRESPO
3682 WILLOW CLUB DR
LOGANVILLE, GA 30052 |
| Docket last updated: 05/12/2025 11:59 PM EDT |
| Thursday, June 02, 2022 | ||
| 45 | 45
appeal
USCA Mandate
Thu 06/02 12:22 PM
MANDATE of USCA AFFIRMING the decision of the District Court as to39 Notice of Cross Appeal filed by DAVID BRYAN CRESPO.(ggs) |
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Att: 1
Cover Letter
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| Tuesday, May 03, 2022 | ||
| 44 | 44
appeal
USCA Order/Opinion NOT MANDATE
Tue 05/03 4:14 PM
USCA Order/Opinion (AFFIRMED) as to39 Notice of Cross Appeal filed by DAVID BRYAN CRESPO(ggs) |
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Att: 1
Cover Letter
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| Thursday, October 28, 2021 | ||
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appeal
Electronic Availability of ROA
Thu 10/28 10:18 AM
Pursuant to F.R.A.P 11(c) the Clerk of the District Court for the Middle District of Georgia certifies that the record is complete for purposes of this appeal re:39 Notice of Cross Appeal. The entire record on appeal is available electronically. (ggs) |
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| Tuesday, June 29, 2021 | ||
| 43 | 43
appeal
USCA Order/Opinion NOT MANDATE
Tue 06/29 4:22 PM
USCA Order reinstating appeal as to39 Notice of Appeal filed by DAVID BRYAN CRESPO (ggs) |
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| Tuesday, May 25, 2021 | ||
| 42 | 42
appeal
USCA Mandate
Tue 05/25 4:34 PM
MANDATE of USCA DISMISSING appeal as to39 Notice of Cross Appeal filed by DAVID BRYAN CRESPO (ggs) |
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| Monday, April 26, 2021 | ||
| 41 | 41
appeal
USCA Case Number
Mon 04/26 10:52 AM
USCA Case Number 21-11323 AA re39 Notice Appeal filed by DAVID BRYAN CRESPO. (ggs) |
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| Wednesday, April 14, 2021 | ||
| 40 | 40
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 04/14 11:00 AM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re:37 Order on Motion to Dismiss Complaint, Order on Motion for Leave to File, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Amended Motion,39 Notice of Appeal Judge Appealed: C. Ashley Royal. Court Reporter: N/A. Fee: PAID. (ggs) |
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| 39 | 39
appeal
Notice of Cross Appeal
Wed 04/14 10:47 AM
NOTICE OF APPEAL as to38 Judgment by DAVID BRYAN CRESPO. Filing fee $ 505, Manual Receipt No. 42588. (ggs) Modified on 4/14/2021 to correct docket text. (ggs) |
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| Monday, March 15, 2021 | ||
| 38 | 38
order
Judgment
Mon 03/15 3:34 PM
JUDGMENT (ggs) |
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| 37 | 37
15
pgs
order
Order on Motion to Dismiss Complaint Order on Motion for Leave to File Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike Order on Motion for Miscellaneous Relief Order on Amended Motion
Mon 03/15 3:01 PM
ORDER granting23 Motion to Dismiss Complaint; granting26 Motion for Leave to File Surreply as to8 MOTION to Dismiss Complaint, re25 Surreply; granting27 Motion for Leave to File Additional Exhibits re16 RESPONSE re8 FIRST MOTION to Dismiss Complaint; granting31 Motion to Dismiss for Failure to State a Claim; denying34 Motion to Strike; granting34 Motion to File Supplemental Response re31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; granting7 Motion for Leave to File Amended Complaint; granting8 Motion to Dismiss1 Complaint; granting10 Motion Reserving the Right to File Additional Motions; granting11 Amended Motion Amending7 MOTION for Leave to File Amended Complaint; granting13 Motion to Dismiss Complaint. Having dismissed all claims over which the Court has original jurisdiction, the Court declines to exercise supplemental jurisdiction and DISMISSES WITHOUT PREJUDICE any potential state law claim. Thus, Plaintiffs Complaint is hereby DISMISSED. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 03/15/21 (ans) |
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| Tuesday, August 18, 2020 | ||
| 36 | 36
respm
Response to Motion
Tue 08/18 2:04 PM
RESPONSE filed by NINA M LEE, JOHN MURA re34 MOTION to Strike31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to File Supplemental Response re31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (JACKSON, WESLEY) |
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| 35 | 35
respm
Reply to Response to Motion
Tue 08/18 2:01 PM
REPLY to Response filed by NINA M LEE, JOHN MURA re31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (JACKSON, WESLEY) |
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| Tuesday, August 04, 2020 | ||
| 34 | 34
motion
Strike Miscellaneous Relief
Tue 08/04 12:46 PM
MOTION to Strike31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to File Supplemental Response re31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Filed by DAVID BRYAN CRESPO.(ggs) |
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Att: 1
Certificate of Service,
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Att: 2
Envelope
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| 33 | 33
respm
Response to Motion
Tue 08/04 12:42 PM
RESPONSE filed by DAVID BRYAN CRESPO re31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM(ggs) |
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Att: 1
Excerpt of Jury Trial Transcript,
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Att: 2
Investagative Reports,
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Att: 3
Certified Mail Return Receipts,
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Att: 4
Certificate of Service,
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Att: 5
Envelope
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| Wednesday, July 22, 2020 | ||
| 32 | 32
notice
Notice of Attorney Appearance
Wed 07/22 10:09 AM
NOTICE of Attorney Appearance by WESLEY C JACKSON on behalf of NINA M LEE, JOHN MURA Attorney WESLEY C JACKSON added to party NINA M LEE(pty:dft), Attorney WESLEY C JACKSON added to party JOHN MURA(pty:dft)(JACKSON, WESLEY) |
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| Wednesday, July 15, 2020 | ||
| 31 | 31
motion
Dismiss for Failure to State a Claim
Wed 07/15 2:31 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NINA M LEE, JOHN MURA filed by DANA K MAINE.(MAINE, DANA) |
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Att: 1
Memorandum in Support
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| Wednesday, July 08, 2020 | ||
| 30 | 30
order
Order on Motion to Stay
Wed 07/08 12:35 PM
This is a text only entry; no document issued. ORDER granting24 Motion to Stay pending resolution of Defendants' Motion to Dismiss. Ordered by U.S. DISTRICT JUDGE C. ASHLEY ROYAL on 7/8/2020. (cdc) |
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| Friday, June 26, 2020 | ||
| 29 | 29
respm
Reply to Response to Motion
Fri 06/26 2:54 PM
REPLY to Response filed by JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON re23 MOTION to Dismiss Complaint re1 Complaint : (GOLDBERG, BRIAN) |
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| Friday, June 12, 2020 | ||
| 28 | 28
respm
Response to Motion
Fri 06/12 2:00 PM
RESPONSE filed by DAVID BRYAN CRESPO re23 MOTION to Dismiss Complaint re1 Complaint.(ggs) |
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Att: 1
Attachments not marked as exhibits,
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Att: 2
Cover Letter,
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Att: 3
Envelope
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| Tuesday, June 09, 2020 | ||
| 27 | 27
motion
Leave to File
Tue 06/09 3:28 PM
MOTION for Leave to File Additional Exhibits re16 RESPONSE re8 FIRST MOTION to Dismiss Complaint, filed by DAVID BRYAN CRESPO.(ggs) Modified on 6/9/2020 to link documents. (ggs) |
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Att: 1
Exhibit Excerpts from transcript of jury trial,
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Att: 2
Envelope
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| 26 | 26
motion
Leave to File
Tue 06/09 3:23 PM
MOTION for Leave to File Surreply as to8 MOTION to Dismiss Complaint, re25 Surreply. Filed by DAVID BRYAN CRESPO.(ggs) Modified on 6/9/2020 to link documents. (ggs) |
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Att: 1
Deficiency Notice,
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Att: 2
Envelope
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| Friday, May 29, 2020 | ||
| 25 | 25
respm
Surreply Related to Motion
Fri 05/29 1:55 PM
SURREPLY filed by DAVID BRYAN CRESPO re8 MOTION to Dismiss Complaint re1 Complaint NOTE: Plaintiff did not first obtain permission to file a surreply.(ggs) |
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Att: 1
Attachments not marked as exhibits,
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Att: 2
Envelope
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notice
Notice of Deficiency
Fri 05/29 2:00 PM
Notice of Deficiency ; This document is considered to be a surreply. Please refer to MDGA Local Rule 7.3.1 pertaining to subsequent briefs. A motion must be filed for permission to file a surreply.(ggs) |
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| Tuesday, May 26, 2020 | ||
| 24 | 24
motion
Stay
Tue 05/26 6:01 PM
MOTION to Stay Discovery pending resolution of motion to dismiss complaint re23 MOTION to Dismiss Complaint re1 Complaint : by JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON filed by BRIAN EDWARD GOLDBERG.(GOLDBERG, BRIAN) |
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Att: 1
Memorandum in Support Brief in support of stay of discovery pending resolution of motion to dismiss
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| 23 | 23
motion
Dismiss Complaint
Tue 05/26 5:46 PM
MOTION to Dismiss Complaint re1 Complaint : by JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON filed by BRIAN EDWARD GOLDBERG.(GOLDBERG, BRIAN) |
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Att: 1
Memorandum in Support Brief in support of motion to dismiss complaint
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| Tuesday, May 12, 2020 | ||
| 22 | 22
respm
Reply to Response to Motion
Tue 05/12 9:05 AM
REPLY to Response filed by SAM ASTIN, JOSEPH BRAMLETT, JOE CHAPMAN, CHARLES CLINE, CHARLIE DALTON, SAM DUFF, MASON HENSON, DREW ANN HUDSON, HENRY HUFF, CHRIS LABOWICZ, VICTOR MARTINEZ, KIRK MCLEROY, LANCE SAVAGE, JESSICA SCOGGINS, ROBERT SHUMAN, WALTON COUNTY GEORGIA, DAVID ZAJACI re8 MOTION to Dismiss Complaint re1 Complaint : (Waymire, Jason) |
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| Monday, May 11, 2020 | ||
| 21 | 21
misc
Amended Document
Mon 05/11 3:05 PM
AMENDED DOCUMENT by DAVID BRYAN CRESPO, amending the certificate of service re20 Application to Clerk of Entry of Default. (ggs) |
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| Friday, May 08, 2020 | ||
| 20 | 20
misc
Application to Clerk for Entry of Default
Fri 05/08 8:25 AM
Application to Clerk for Entry of Default against JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON. (ggs) |
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order
Clerk's Entry of Default
Fri 05/08 9:57 AM
Plaintiffs Request for CLERK'S ENTRY OF DEFAULT as to JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON is DECLINED - Proper service not perfected. (ggs) |
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| Tuesday, May 05, 2020 | ||
| 19 | 19
notice
Notice (Other)
Tue 05/05 4:51 PM
NOTICE of Filing Exhibits by DAVID BRYAN CRESPO(ggs) |
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Att: 1
Envelope
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| 18 | 18
misc
Application to Clerk for Entry of Default
Tue 05/05 2:57 PM
Application to Clerk for Entry of Default and Affidavits against JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON, WALTON COUNTY DISTRICT ATTORNEY OFFICE, et al(ggs) |
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Att: 1
Envelope
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| 17 | 17
misc
Application to Clerk for Entry of Default
Tue 05/05 2:51 PM
Application to Clerk for Entry of Default against JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON(ggs) |
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Att: 1
Affidavit,
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Att: 2
Envelope
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order
Clerk's Entry of Default
Tue 05/05 3:36 PM
Plaintiffs Requests for CLERK'S ENTRY OF DEFAULT as to JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON, WALTON COUNTY SHERIFF'S DEPARTMENT, et al is DECLINED. (ggs) |
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| Tuesday, April 28, 2020 | ||
| 16 | 16
respm
Response to Motion
Tue 04/28 3:37 PM
RESPONSE filed by DAVID BRYAN CRESPO re13 MOTION to Dismiss Complaint re1 Complaint,8 MOTION to Dismiss Complaint re1 Complaint:(ggs) |
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Att: 1
First Declaration,
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Att: 2
Second Declaration,
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Att: 3
Exhibit 1 - Order Setting Bond,
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Att: 4
Exhibit 2 - ID Card,
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Att: 5
Exhibit 3 - Birth Certificate,
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Att: 6
Exhibit 4 - Rule Nisi,
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Att: 7
Exhibit 5 - Hearing transcript 4/12/2017,
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Att: 8
Exhibit 6 - Polygraph test,
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Att: 9
Exhibit 7 - Hearing transcript 11/1/2017,
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Att: 10
Exhibit 8 - Transcript excerpts,
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Att: 11
Exhibit 9 - Affidavit of Tasha Howell and transcript excerpts,
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Att: 12
Exhibit 10 - Investigative Memorandum,
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Att: 13
Exhibit 11 - Certifice of Birth Resulting in Stillbirth,
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Att: 14
Exhibit 12 - Investigative Summary,
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Att: 15
Exhibit 13 - Incident Report Supplement,
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Att: 16
Exhibit 14 - DNA Report,
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Att: 17
Exhibit Photograph,
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Att: 18
Certificate of Service,
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Att: 19
Envelope
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| Friday, April 24, 2020 | ||
| 15 | 15
notice
Notice of Attorney Appearance
Fri 04/24 3:47 PM
NOTICE of Attorney Appearance by BRIAN EDWARD GOLDBERG on behalf of JACQUELINE PAYNE FLETCHER, STATE OF GEORGIA, ALEX STONE, LAYLA H ZON Attorney BRIAN EDWARD GOLDBERG added to party JACQUELINE PAYNE FLETCHER(pty:dft), Attorney BRIAN EDWARD GOLDBERG added to party STATE OF GEORGIA(pty:dft), Attorney BRIAN EDWARD GOLDBERG added to party ALEX STONE(pty:dft), Attorney BRIAN EDWARD GOLDBERG added to party LAYLA H ZON(pty:dft) (GOLDBERG, BRIAN) |
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| 14 | 14
service
Summons Returned Executed
Fri 04/24 2:47 PM
SUMMONS Returned Executed by DAVID BRYAN CRESPO as to JOHN MURA. (ggs) |
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| Friday, April 17, 2020 | ||
| 13 | 13
motion
Dismiss Complaint
Fri 04/17 11:47 AM
MOTION to Dismiss Complaint re1 Complaint : by BRIAN GRANGER, ERIC YARBOUROUGH filed by Jason C. Waymire.(Waymire, Jason) |
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Att: 1
Memorandum in Support
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| 12 | 12
order
Order on Motion to Stay
Fri 04/17 9:54 AM
This is a text only entry; no document issued. ORDER granting9 Motion to Stay Discovery pending the resolution of Defendants' Motion to Dismiss and Plaintiff's Motions to Amend the Complaint. Ordered by U.S. DISTRICT JUDGE C. ASHLEY ROYAL on 4/17/2020. (cdc) |
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| Thursday, April 16, 2020 | ||
| 11 | 11
motion
AMENDED MOTION
Thu 04/16 3:24 PM
AMENDED MOTION (with signature) Amending7 MOTION for Leave to File Amended Complaint Filed by DAVID BRYAN CRESPO.(ggs) |
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Att: 1
Envelope
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| Monday, April 13, 2020 | ||
| 10 | 10
motion
Miscellaneous Relief
Mon 04/13 10:47 AM
MOTION Reserving the Right to File Additional Motions Filed by DAVID BRYAN CRESPO.(ggs) |
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Att: 1
Proposed Order,
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Att: 2
Cover Letter,
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Att: 3
Envelope
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| 9 | 9
motion
Stay
Mon 04/13 8:59 AM
JOINT MOTION to Stay discovery and related procedural requirements by SAM ASTIN, JOSEPH BRAMLETT, JOE CHAPMAN, CHARLES CLINE, CHARLIE DALTON, SAM DUFF, MASON HENSON, DREW ANN HUDSON, HENRY HUFF, CHRIS LABOWICZ, VICTOR MARTINEZ, KIRK MCLEROY, LANCE SAVAGE, JESSICA SCOGGINS, ROBERT SHUMAN, WALTON COUNTY GEORGIA, DAVID ZAJACI filed by Jason C. Waymire.(Waymire, Jason) |
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Att: 1
Memorandum in Support
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| 8 | 8
motion
Dismiss Complaint
Mon 04/13 8:55 AM
FIRST MOTION to Dismiss Complaint re1 Complaint : by SAM ASTIN, JOSEPH BRAMLETT, JOE CHAPMAN, CHARLES CLINE, CHARLIE DALTON, SAM DUFF, MASON HENSON, DREW ANN HUDSON, HENRY HUFF, CHRIS LABOWICZ, VICTOR MARTINEZ, KIRK MCLEROY, LANCE SAVAGE, JESSICA SCOGGINS, ROBERT SHUMAN, WALTON COUNTY GEORGIA, DAVID ZAJACI filed by Jason C. Waymire.(Waymire, Jason) |
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Att: 1
Memorandum in Support
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notice
Notice Re: Filing in Proper Division
Mon 04/13 10:49 AM
NOTICE RE FILING IN PROPER DIVISION: Your documents were sent to a division other than the division where your case is pending. Although not required, in order to expedite filing we recommend you send documents to the division where your case is pending. Please send all future documents to: U.S. District Court, P. O. Box 1106, Athens, Georgia 30603. (ggs) |
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| Friday, April 10, 2020 | ||
| 7 | 7
motion
Leave to File
Fri 04/10 4:07 PM
MOTION for Leave to File Amended Complaint Filed by DAVID BRYAN CRESPO.(ggs) |
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Att: 1
Proposed Order,
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Att: 2
Letter to Judge,
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Att: 3
Cover Letter,
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Att: 4
Envelope
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notice
Notice of Deficiency
Fri 04/10 4:07 PM
Notice of Deficiency ; Pursuant to Rule 11 of the Federal Rules of Civil Procedure, every pleading, written motion and other papers must be signed by a party personally if the party is unrepresented. You must refile your signed document within 21 days from the date of this notice. Failure to comply with this notice may result in dismissal of your case by the Court. (ggs) |
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| Thursday, April 09, 2020 | ||
| 6 | 6
service
Summons Returned Executed
Thu 04/09 10:54 AM
SUMMONS Returned Executed by DAVID BRYAN CRESPO as to STATE OF GEORGIA c/o Attorney General Christopher Carr.(ggs) |
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Att: 1
Envelope
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| Tuesday, March 31, 2020 | ||
| 5 | 5
service
Summons Returned Executed
Tue 03/31 12:46 PM
SUMMONS Returned Executed by DAVID BRYAN CRESPO as to JOSEPH BRAMLETT, JOE CHAPMAN, CHARLES CLINE, CHARLIE DALTON, BRIAN GRANGER, MASON HENSON, DREW ANN HUDSON, CHRIS LABOWICZ, NINA M LEE, VICTOR MARTINEZ, KIRK MCLEROY, JOHN MURA, LANCE SAVAGE, JESSICA SCOGGINS, ROBERT SHUMAN, DAVID ZAJACI. (ggs) (ggs) |
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Att: 1
(3/31/2020) Envelope
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| Monday, March 23, 2020 | ||
| 4 | 4
service
Summons Returned Executed
Mon 03/23 1:24 PM
SUMMONS Returned Executed by DAVID BRYAN CRESPO as to SAM ASTIN, JERI COLLYN BLAKEMAN, MICHAEL BLAKEMAN, SAM DUFF, CHIP FERGUSON, JACQUELINE PAYNE FLETCHER, HENRY HUFF, ALEX STONE, ERIC YARBOUROUGH, LAYLA H ZON. (ggs) |
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| Tuesday, March 17, 2020 | ||
| 3 | 3
service
Summons Issued
Tue 03/17 4:51 PM
Summons Issued as to SAM ASTIN, JERI COLLYN BLAKEMAN, MICHAEL BLAKEMAN, JOSEPH BRAMLETT, JOE CHAPMAN, CHARLES CLINE, CHARLIE DALTON, SAM DUFF, STATE OF GEORGIA, BRIAN GRANGER, MASON HENSON, DREW ANN HUDSON, HENRY HUFF, CHRIS LABOWICZ, NINA M LEE, VICTOR MARTINEZ, KIRK MCLEROY, JOHN MURA, JACQUELINE PAYNE, LANCE SAVAGE, JESSICA SCOGGINS, ROBERT SHUMAN, ALEX STONE, WALTON COUNTY GEORGIA, DAVID ZAJACI, LAYLA H ZON. (ggs) |
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| 2 | 2
misc
Consent Form (28 USC 636) Sent
Tue 03/17 1:26 PM
Consent Form (28 USC 636(c)(1)) sent to DAVID BRYAN CRESPO (ggs) |
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| 1 | 1
cmp
Complaint
Tue 03/17 1:25 PM
COMPLAINT against All Defendants Filing Fee $400, Manual Receipt Number 42290, filed by DAVID BRYAN CRESPO. (ggs) (Main Document 1 replaced on 3/17/2020) (ans) |
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