Case: Whitaker v. Perdue

Smiley v. Perdue

CLASS ACTION COMPLAINT with jury demand filed by Plaintiffs. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $350 receipt number 365643) (Attachments: # 1 Civil Cover Sheet and Copy of Receipt)(bjj) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/20/2006)

Summons Issued as to Governor Sonny Perdue. (bjj) (Entered: 06/20/2006)

Summons Issued as to Thurbert E. Baker, Attorney General. (bjj) (Entered: 06/20/2006)

Summons Issued as to Scot Dean, Chief Probation Officer. (bjj) (Entered: 06/20/2006)

Summons Issued as to Robert Sparks, Sheriff of Polk County, GA. (bjj) (Entered: 06/20/2006)

ORDER OF RECUSAL by Judge Harold L. Murphy. Case reassigned to Judge Clarence Cooper for all further proceedings. Signed by Judge Harold L. Murphy on 6/20/06. (bjj) (Entered: 06/21/2006)

Remark

Remark: All Counsel, Please note that this Civil Action has been reassigned to Judge Clarence Cooper, therefore please ensure any pleadings filed reflect the initials of "CC" in the style. (bjj)

DOCUMENT FILED WITH SEVERAL ERRORS MOTION for Preliminary Injunction with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Brief in Support of Motion for Preliminary Injunction# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Appendix Index of Exhibits)(Geraghty, Sarah) Modified on 6/22/2006 to restrict document access (bjj). (Entered: 06/21/2006)

MOTION for Preliminary Injunction with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Brief in Support of Preliminary Injunction# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Appendix Index of Exhibits)(Geraghty, Sarah) (Entered: 06/22/2006)

MOTION for Temporary Restraining Order with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Brief in Support of Motion for Temporary Restraining Order# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Appendix Index of Exhibits)(Geraghty, Sarah) (Entered: 06/22/2006)

DOCUMENT NOT CAPTIONED/STYLEDCERTIFICATE OF SERVICE re 9 MOTION for Temporary Restraining Order filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver (Geraghty, Sarah) Modified on 6/23/2006 to restrict document access (bjj). (Entered: 06/23/2006)

NOTICE of Appearance by Devon Orland on behalf of Sonny Perdue, Thurbert E. Baker, Scot Dean (Orland, Devon) (Entered: 06/23/2006)

NOTICE by Janet Jenkins Allison, Wendy Whitaker, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver re 9 MOTION for Temporary Restraining Order of Filing of Additional Exhibits (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Geraghty, Sarah) (Entered: 06/26/2006)

NOTICE of Appearance by Joseph J. Drolet on behalf of Sonny Perdue, Thurbert E. Baker, Scot Dean, Robert Sparks (Drolet, Joseph) (Entered: 06/26/2006)

NOTICE of Appearance by Kay Denise Baker on behalf of all defendants (Baker, Kay) (Entered: 06/26/2006)

MOTION to Certify Class with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Memorandum in Support of Motin to Provisionally Certify a Class for the Duration of the TRO Already Granted)(Geraghty, Sarah) (Entered: 06/26/2006)

Minute Entry for proceedings held before Judge Clarence Cooper : Motion Hearing held on 6/26/2006 re 9 MOTION for Temporary Restraining Order filed by Plaintiffs. Preliminary Injunction set for 7/11/06 @ 1:30 p.m. (Court Reporter Amanda Lohnaas.)(bjj) (Entered: 06/29/2006)

ORDER temporarily granting 9 Motion for TRO and Defts are TEMPORARILY RESTRAINED from taking any action to enforce the portion of GA. Code Ann. Section 42-1-15(a) that prohibits living w/in 1,000 feet of a school bus stop, as applied to the named Plas in this case. The Court ORDERS the parties to appear before the Court on July 11, 2006 at 1:30 p.m. for a hearing on Plas' Motion for Preliminary Injunction. The Court ORDERS Plas to produce by July 7, 2006 at 5:00 p.m., information regarding the number and location of school bus stops that are pertinent to this litigation and the corresponding areas impacted by the Act. The Court DENIES Defts' Oral Motion for a Stay of this Order. The Court will consider Plas' Motion to Provisionally Certify a Class on an expedited basis and requests Defts submit a Response by 1:00 p.m. on June 28, 2006, and that Plas file a Reply by 12:00 p.m. on June 29, 2006. Signed by Judge Clarence Cooper on 6/27/06. (bjj) (Entered: 06/27/2006)

Set Motion and R&R Deadlines/Hearings

Set Deadline as to 8 MOTION for Preliminary Injunction. Motion Hearing set for 7/11/2006 @ 01:30 PM before Judge Clarence Cooper. (bjj)

NOTICE of Appearance by Mary Beth Westmoreland on behalf of Thurbert E. Baker (Westmoreland, Mary) (Entered: 06/28/2006)

RESPONSE re 15 MOTION to Certify Class filed by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Drolet, Joseph) (Entered: 06/28/2006)

REPLY to Response to Motion re 15 MOTION to Certify Class filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Geraghty, Sarah) (Entered: 06/29/2006)

ORDER PROVISIONALLY granting 15 Motion to Certify Class. The Court provisionally certifies a class consisting of all persons who registered as sex offenders pursuant to Section 42-1-12 on or before July 1, 2006 and who reside w/in 1,000 feet of a currently-designated school bus stop or a school bus stop designated in the future. Unless otherwise ordered, this provisional certification is only for the duration of the TRO. The relief granted to the named Plaintiffs in the Court's June 27, 2006 Order on Plaintiffs' Motion for Temporary Restraining Order is hereby extended to all members of the provisionally certified class. Signed by Judge Clarence Cooper on 6/29/06. (bjj) (Entered: 06/29/2006)

MOTION to Stay Proceedings with Brief In Support by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Brief In Support of Defendants' Motion To Stay Proceedings)(Orland, Devon) (Entered: 06/30/2006)

MOTION for Leave to File Evidence with Brief In Support by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Brief In Support Of Defendants' Motion for Filing Of Evidence)(Orland, Devon) (Entered: 06/30/2006)

ORDER denying Defts' 22 Motion to Stay for failure to comply with Local Rule 7.1(A)(1). Signed by Judge Clarence Cooper on 6/30/06. (bjj) (Entered: 06/30/2006)

Second MOTION to Stay Proceedings with Brief In Support by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Brief In Support of Defendants' Second Motion to Stay The Certification Of The Provisional Class)(Orland, Devon) (Entered: 06/30/2006)

NOTICE OF APPEAL as to 21 Order on Motion to Certify Class and 16 Order on Motion for TRO by Sonny Perdue, Thurbert E. Baker, Scot Dean. Filing Fee $455.00; Receipt Number 552947. Transcript Order Form due on 7/17/2006 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Appeal Fees)(kac) (Entered: 06/30/2006)

Transmission of Certified Copy of Notice of Appeal, Orders and Docket Sheet to US Court of Appeals re: 26 Notice of Appeal. (kac) (Entered: 06/30/2006)

ORDER denying with prejudice Defts' 25 Second Motion to Stay. Signed by Judge Clarence Cooper on 6/30/06. (bjj) (Entered: 06/30/2006)

NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 re: 26 Notice of Appeal. (dfb) (Entered: 07/05/2006)

RESPONSE re 8 MOTION for Preliminary Injunction filed by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Attachment 1-Cited Authority# 2 Attachment 1-Part Two-Cited Authority# 3 Attachment 2-Statutes# 4 Affidavit Attachment 3-Richard Oleson# 5 Exhibit A to Attachment 3-Chart of Parolees Residence# 6 Affidavit Attachment 4-Affidavits of School Officials# 7 Attachment 5-Affidavit of Laura Tate# 8 Attachment 6-Affidavit of Michele Knox# 9 Attachment 7-Affidavit of Dr. Mario J.P. Dennis# 10 Exhibit A to Attachment 7-Curriculum Vitae of Dr. Dennis)(Orland, Devon) (Entered: 07/07/2006)

Notification of Docket Correction

MOTION for Leave to File Excess Pages by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Text of Proposed Order Proposed Order)(Drolet, Joseph) (Entered: 07/07/2006)

DOCUMENT FILED IN ERROR/WRONG PDF ATTACHED MOTION to Dismiss in Lieu of Answer with Brief In Support by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Brief in Support# 2 Exhibit A Part One# 3 Exhibit A Part Two# 4 Exhibit B)(Drolet, Joseph) Modified on 7/7/2006 to restrict document security (jta). (Entered: 07/07/2006)

RESPONSE in Support re 8 MOTION for Preliminary Injunction Pre-Hearing Brief filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Exhibit 1)(Geraghty, Sarah) (Entered: 07/07/2006)

MOTION to Dismiss in Lieu of Answer with Brief In Support by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Brief in Support# 2 Exhibit A part one# 3 Exhibit A part two# 4 Exhibit B)(Drolet, Joseph) (Entered: 07/07/2006)

Notification of Docket Correction re 32 MOTION to Dismiss in Lieu of Answer. Wrong pdf attached. Atty to re-file. (jta)

RESPONSE re 16 Order on Motion for TRO,,, Regarding Number and Location of School Bus Stops filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Geraghty, Sarah) (Entered: 07/07/2006)

First AMENDED COMPLAINT against all defendants, filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Geraghty, Sarah) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 07/07/2006)

TRANSCRIPT of Motion for Temporary Restraining Order Proceedings held on 6/26/06 before Judge Clarence Cooper. Court Reporter: Amanda Lohnaas. (bjj) (Entered: 07/11/2006)

ORDER granting Defts' 31 Motion for Leave to File Excess Pages, up to 33 pages in length for their Brief in support of their Motion to Dismiss. Signed by Judge Clarence Cooper on 7/7/06. (bjj) (Entered: 07/25/2006)

NOTICE Of Filing by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver re 8 MOTION for Preliminary Injunction Additional Exhibits in Support of Motion for Preliminary Injunction (Attachments: # 1 Exhibit 1: Declaration of Chief Deputy Joel McSwain# 2 Exhibit 2: Declaration of Mike Jolley, Sheriff of Harris County# 3 Exhibit 3: Declaration of Steve Dunn, Superintendent, Pelham City Schools# 4 Exhibit Declaration of W.E. Bozeman, Sheriff of Mitchell County# 5 Exhibit 5: Declaration of Gary Thornton# 6 Exhibit Declaration of Robert Wadford)(Geraghty, Sarah) (Entered: 07/11/2006)

ORDER extending the Temporary Restraining Order for an addt'l 10 days or until the Court rules on Plas' Motion for Preliminary Injunction, whichever is earlier. Signed by Judge Clarence Cooper on 7/11/06. (bjj) (Entered: 07/11/2006)

ORDER allowing Attys to bring certain items to the 17th Floor U.S. Courthouse for the purpose of the hearing set for 7/11/06. Signed by Judge Clarence Cooper on 7/11/06. (bjj) (Entered: 07/25/2006)

Minute Entry for proceedings held before Judge Clarence Cooper : Motion Hearing held on 7/11/2006 re 8 MOTION for Preliminary Injunction filed by Plaintiffs. Evidence Admitted - P-1,2,3 and D-6, and P-5,8,16,17,18,4. (Court Reporter Amanda Lohnaas.)(bjj) (Entered: 07/25/2006)

Submission to District Judge

Submission of 8 MOTION for Preliminary Injunction, to District Judge Clarence Cooper. (bjj)

Minute Entry for proceedings held before Judge Clarence Cooper : Motion Hearing continued on 7/12/2006 re 8 MOTION for Preliminary Injunction filed by Plaintiffs. Evidence Admitted - P-19-25, D-8, P-26-29, D-13,14,10,12,9,17, P-10,12. (Court Reporter Amanda Lohnaas.)(bjj) (Entered: 07/25/2006)

BRIEF IN RESPONSE to the Court's July 12, 2006 Verbal Order Regarding the Definition of "School Bus Stops" filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Geraghty, Sarah) Modified on 7/18/2006 to edit Title Language (bjj). (Entered: 07/17/2006)

SUPPLEMENTAL BRIEF Pursuant to the Verbal Order of July 12, 2006 and re 40 Response filed by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Exhibit A to Defs' Supplemental Brief Pursuant to Court Order of July 12 2006# 2 Exhibit B to Defs' Supplemental Brief Pursuant to Court Order of July 12 2006# 3 Exhibit C to Defs' Supplemental Brief Pursuant to Court Order of July 12 2006)(Orland, Devon) Modified on 7/18/2006 to edit Title Language (bjj). (Entered: 07/17/2006)

TRANSCRIPT of Motion for Preliminary Injunction Proceedings held on July 11, 2006 before Judge Clarence Cooper. Court Reporter: Amanda Lohnaas. (bjj) (Entered: 07/19/2006)

Submission to District Judge

TRANSCRIPT Volume 2 of Motion for Preliminary Injunction Proceedings held on July 12, 2006 before Judge Clarence Cooper. Court Reporter: Amanda Lohnaas. (bjj) (Entered: 07/19/2006)

DOCUMENT UNSIGNEDPROPOSED ORDER Denying Plaintiffs' Motion for Preliminary Injunction. (Orland, Devon) Modified on 7/20/2006 to restrict document access (bjj). (Entered: 07/19/2006)

Submission of 23 MOTION for Leave to File Evidence, to District Judge Clarence Cooper. (bjj)

PROPOSED ORDER Order Granting Plaintiffs' Motion for Preliminary Injunction re: 8 MOTION for Preliminary Injunction. (Geraghty, Sarah) (Entered: 07/19/2006)

MOTION to Certify Class with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Memorandum of Law in Support of Motion for Class Certification)(Geraghty, Sarah) (Entered: 07/20/2006)

USCA Acknowledgment of 26 Notice of Appeal, filed by Thurbert E. Baker, Sonny Perdue, and Scot Dean. Case Appealed to 11th Circuit. Case Number 06-13668-J. (jta) (Entered: 07/20/2006)

PROPOSED ORDER Denying Plaintiffs' Motion For Preliminary Injunction. (Orland, Devon) (Entered: 07/20/2006)

PROPOSED CONSENT ORDER Consent Order Regarding Plaintiffs' Response to Motion to Dismiss, Rule 26(f) Conference, and Joint Preliminary Report and Discivery Plan. (Geraghty, Sarah) (Entered: 07/24/2006)

Submission to District Judge

Submission of Defts' 34 MOTION to Dismiss in Lieu of Answer, to District Judge Clarence Cooper. (bjj)

ORDER denying w/out prejudice Plas' 8 Motion for Preliminary Injunction. Signed by Judge Clarence Cooper on 7/25/06. (bjj) (Entered: 07/25/2006)

MOTION to Dismiss Amended Complaint with Brief In Support by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Brief in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint)(Baker, Kay) (Entered: 07/25/2006)

CONSENT ORDER: Plas' Response to Defts' Motions to Dismiss are due 20 days after the filing of Defts' Motion to Dismiss the Amended Complaint; Rule 26(f) Conference is to be held 8/2/06; and the ddl for the Joint Preliminary Report & Discovery Schedule is 8/16/06. Signed by Judge Clarence Cooper on 7/25/06. (bjj) (Entered: 07/25/2006)

TRANSCRIPT ORDER FORM for proceedings held on June 26, 2006 before Judge Clarence Cooper, re 26 Notice of Appeal,. Court Reporter: Amanda Lohanaas. USCA Appeal Number 06-13668-J Certificate of Readiness due on 8/8/2006 (smj) (Entered: 07/25/2006)

Financial Arrangements Completed re 26 Notice of Appeal filed by Thurbert E. Baker, Sonny Perdue, Scot Dean. Case Appealed to 11th Circuit. Case Number 06-13668-J. (jta) Modified on 8/1/2006 to edit filing date(jta). (Entered: 08/01/2006)

MOTION for Temporary Restraining Order with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Brief in Support of TRO# 2 Exhibit Declaration of Bobby Brassell# 3 Exhibit Augusta Chronicle article# 4 Exhibit News 12 article)(Geraghty, Sarah) (Entered: 07/26/2006)

MOTION to Amend Complaint with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Exhibit Second Amended Complaint)(Geraghty, Sarah) (Entered: 07/26/2006)

MOTION Motion for Leave to File Conventionally 58 MOTION for Temporary Restraining Order by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 07/26/2006)

ORDER granting 59 Motion to Amend Complaint and add Defts Sheriff Clay N. Whtittle, Sheriff Ronald Strength, and Sheriff Gregory Coursey. Signed by Judge Clarence Cooper on 7/27/06. (bjj) (Entered: 07/27/2006)

RESPONSE re 46 MOTION to Certify Class filed by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Orland, Devon) (Entered: 07/27/2006)

NOTICE Of Filing Additional Exhibits in Support of Motion for TRO by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver re 58 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 1: Declaration of Thomas Early# 2 Exhibit 2: Declaration of Jeffrey Crenshaw# 3 Exhibit 3: Declaration of Stacey Rush# 4 Exhibit 4: Declaration of Roger Rhoden)(Geraghty, Sarah) (Entered: 07/27/2006)

ORDER denying Plaintiffs' 58 Motion for TRO as premature as to the Sheriffs of Richmond and Burke Counties. Insofar as the Sheriff of Columbia County has consented to the entry of a TRO and preliminary injunction, the Court DIRECTS counsel for Plaintiffs and counsel for the Sheriff of Columbia County to prepare a consent order for the Court's signature. Signed by Judge Clarence Cooper on 7/28/06. (bjj) (Entered: 07/28/2006)

ORDER granting 46 Motion to Certify Class. Signed by Judge Clarence Cooper on 7/28/06. (bjj) (Entered: 07/28/2006)

PROPOSED CONSENT ORDER. (Geraghty, Sarah) (Entered: 07/28/2006)

CONSENT ORDER: Plaintiffs and Columbia County Sheriff Clay N. Whittle agree that Sheriff Whittle is enjoined from enforcing the portion of Ga. Code Ann. Section 42-1-15(a) that prohibits anyone on Georgia's sex offender registry from living w/in 1,000 feet of a "school bus stop". Signed by Judge Clarence Cooper on 7/28/06. (bjj) (Entered: 07/28/2006)

Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Hearing/Pre-Trial/Trial/Evidence held on 7/28/2006 re 46 MOTION to Certify Class filed by Plaintiffs; 58 MOTION for Temporary Restraining Order filed by Plaintiffs. Exhibits 1, 2, 3 Admitted. Court scheduled mtg w/counsel 7/31/06 in Chambers. (Court Reporter Donna Keeble.)(bjj) (Entered: 07/31/2006)

NOTICE Of Filing by Sonny Perdue, Thurbert E. Baker, Scot Dean Brief Addressing Certification of Defendant Class (Orland, Devon) (Entered: 07/31/2006)

Certified copy of ORDER/ENTRY OF DISMISSAL of USCA, pursuant to the Appellant's Motion for Voluntary Dismissal, re: 26 Notice of Appeal filed by Thurbert E. Baker, Sonny Perdue, Scot Dean. Case Appealed to 11th Circuit. Case Number 06-13668-J. (jta) Additional attachment(s) added on 8/1/2006 (jta). (Entered: 08/01/2006)

ORDER granting 60 Motion to File Conventionally a CD-Rom Disc. Signed by Judge Clarence Cooper on 7/27/06. (bjj) (Entered: 08/10/2006)

MOTION to Certify Class of Defendant Sheriffs with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Memorandum of Law in Support of Motion to Certify a Defendant Class)(Geraghty, Sarah) (Entered: 08/02/2006)

PROPOSED CONSENT ORDER. (Geraghty, Sarah) (Entered: 08/02/2006)

Return of Service Executed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. Sonny Perdue served on 6/20/2006, answer due 7/10/2006; Thurbert E. Baker served on 6/20/2006, answer due 7/10/2006; Scot Dean served on 6/20/2006, answer due 7/10/2006; Robert Sparks served on 6/20/2006, answer due 7/10/2006. (Geraghty, Sarah) (Entered: 08/03/2006)

Second AMENDED COMPLAINT against all defendants, filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver.(Geraghty, Sarah) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/03/2006)

Joint PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Geraghty, Sarah) (Entered: 08/03/2006)

CONSENT ORDER by Plaintiffs and Defts Strength and Coursey enjoining pending further Order of the Court, from enforcing the portion of the Georgia Code Annotated Section 42-1-15(a) that prohibits anyone on Georgia's Sex Offender Registry from living w/in 1,000 feet of a "school bus stop". Further, Defts Strength and Coursey are relieved from any responsibility of filing an Answer to Plaintiffs' Amended Complaint or otherwise participating in this litigation... Signed by Judge Clarence Cooper on 8/3/06. (bjj) (Entered: 08/16/2006)

MOTION to Dismiss Plaintiff's Second Amended Complaint with Brief In Support by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Attachments: # 1 Brief in support of Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint)(Baker, Kay) (Entered: 08/10/2006)

MOTION for Temporary Restraining Order to Enjoin Bulloch County Sheriff From Enforcing School Bus Stop Provision with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Exhibit 1: letter from Sheriff Anderson# 2 Exhibit 2: Declaration of Paul Stewart# 3 Exhibit 3: Declaration of Raymond Lodge# 4 Exhibit 4: Declaration of Robert Ortego# 5 Exhibit 5: Statesboro Herald article# 6 Exhibit 6: Declaration of Robert White)(Geraghty, Sarah) (Entered: 08/14/2006)

RESPONSE re 72 MOTION to Certify Class of Defendant Sheriffs filed by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Orland, Devon) (Entered: 08/14/2006)

MOTION to Amend Complaint with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Exhibit 1: Third Amended Complaint)(Geraghty, Sarah) (Entered: 08/15/2006)

PROPOSED CONSENT ORDER. (Geraghty, Sarah) (Entered: 08/15/2006)

Submission to District Judge

Submission of 34 MOTION to Dismiss in Lieu of Answer, 55 MOTION to Dismiss Amended Complaint, to District Judge Clarence Cooper. (bjj)

RESPONSE in Opposition re 15 MOTION to Certify Class filed by Clay N. Whittle. (Hudson, David) (Entered: 08/16/2006)

Joint MOTION for Extension of Time to File Answer by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Geraghty, Sarah) (Entered: 08/16/2006)

RESPONSE re 81 MOTION to Amend Complaint filed by Sonny Perdue, Thurbert E. Baker, Scot Dean. (Orland, Devon) (Entered: 08/17/2006)