Case: Cleveland v. City of Montgomery & Watts v. City of Montgomery

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

U.S. Department of Justice

NOTICE OF REMOVAL by City of Montgomery, Milton J. Westry from Circuit Court of Montgomery County, AL, case number CV-2013-901494. ( Filing fee $ 400.00 receipt number 4602028588) (Attachments: # 1 state court emergency petition for writ of certiorari or in the alternative writ of mandamus, # 2 amended petition for declaratory relief, writ of certiorari or in the alternative writ of mandamus, # 3 Exhibit A, # 4 Exhibit B, # 5 fee receipt)(djy, ) (Entered: 10/09/2013)

1 state court emergency petition for writ of certiorari or in the alternative wr

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2 amended petition for declaratory relief, writ of certiorari or in the alternat

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3 Exhibit A

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4 Exhibit B

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5 fee receipt

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ANSWER to Amended Petition for declaratory relief, writ of certiorari, or in the alternative, writ of mandamus by City of Montgomery, Milton J. Westry.(Paulk, Jason) Modified on 10/18/2013 to clarify text to reflect as shown on main PDF document (qc/djy, ). (Entered: 10/17/2013)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to City of Montgomery; Corporate Disclosures due by 10/28/2013. (Attachments: # 1 standing order & format)(djy, ) (Entered: 10/18/2013)

1 standing order & format

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Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Harriet Delores Cleveland; Corporate Disclosures due by 10/28/2013. (Attachments: # 1 standing order & format)(djy, ) (Entered: 10/18/2013)

1 standing order & format

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Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Milton J. Westry; Corporate Disclosures due by 10/28/2013. (Attachments: # 1 standing order & format)(djy, ) (Entered: 10/18/2013)

1 standing order & format

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Corporate/Conflict Disclosure Statement by City of Montgomery re 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Paulk, Jason) (Entered: 10/18/2013)

Corporate/Conflict Disclosure Statement by Milton J. Westry re 5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Paulk, Jason) (Entered: 10/18/2013)

MOTION to Consolidate Cases by Harriet Delores Cleveland. (Attachments: # 1 Text of Proposed Order Proposed Order to Motion to Consolidate)(Zampierin, Sara) (Additional attachment(s) added on 10/30/2013 to add corrected certificate of service: # 2 corrected certificate of service) (qc/djy, ). (Entered: 10/28/2013)

1 Text of Proposed Order Proposed Order to Motion to Consolidate

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2 corrected certificate of service

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Case reassigned to Honorable Judge Mark E. Fuller and Honorable Judge Terry F. Moorer. Honorable Judge Terry F. Moorer no longer assigned to the case as presiding judge. (djy, ) (Entered: 10/31/2013)

AMENDED COMPLAINT against All Defendants, filed by Harriet Delores Cleveland. (Attachments: # 1 Exhibit Letter from District Attorney, # 2 Exhibit Transcript)(Zampierin, Sara) (Entered: 11/12/2013)

1 Exhibit Letter from District Attorney

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2 Exhibit Transcript

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Corporate/Conflict Disclosure Statement by Harriet Delores Cleveland. (Zampierin, Sara) Modified on 11/13/2013 to clarify text to reflect as satisfying 4 notice of deficiency (qc/djy, ). (Entered: 11/12/2013)

Corporate/Conflict Disclosure Statement by Harriet Delores Cleveland. (Zampierin, Sara) (Entered: 11/13/2013)

ORDER GRANTING 8 MOTION to Consolidate; the referenced cases are consolidated for further proceedings; Case No. 2:13-cv-732-MEF shall be the lead case, and the clerk is directed to docket this order in the referenced cases; all future pleadings and motions shall be filed only in the lead case.. Signed by Honorable Judge Mark E. Fuller on 11/14/13. (djy, ) (Entered: 11/14/2013)

ORDER directing that a status conference is set for Friday, November 22, 2013, at 11:00 A.M. by conference call arranged by counsel for the plaintiff. Signed by Honorable Judge Mark E. Fuller on 11/18/13. (Furnished to Calendar/WR)(scn, ) (Entered: 11/18/2013)

ANSWER to 10 Amended Complaint by City of Montgomery, Les Hayes, III, Milton J. Westry.(Paulk, Jason) (Entered: 11/25/2013)

ORDER directing 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 12/30/2013. Signed by Honorable Judge Mark E. Fuller on 12/3/13. (djy, ) (Entered: 12/03/2013)

REPORT of Rule 26(f) Planning Meeting. (Zampierin, Sara) (Entered: 12/17/2013)

UNIFORM SCHEDULING ORDER setting: Final Pretrial Conference for 10/02/2014 in the Chambers of United States District Judge Mark E. Fuller, United States Courthouse, One Church Street, A-300, Montgomery, Alabama; Non-Jury Trial for 11/03/2014 in Montgomery, Alabama; Amended Pleadings due by 02/03/2014; Discovery due by 06/20/2014; Dispositive Motions due by 06/02/2014; Mediation Notice due by 06/28/2014, as further set out. Signed by Honorable Judge Mark E. Fuller on 12/23/13. (Furnished to Calendar/WR)(scn, ) (Entered: 12/23/2013)

Motion for David Carter Dinielli to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602029716.) by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Exhibit A-certificate of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) (Entered: 01/31/2014)

1 Exhibit A-certificate of good standing

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2 Text of Proposed Order

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3 fee receipt

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ORDER granting 19 Motion for David Carter Dinielli Leave to Appear Pro Hac Vice. Signed by Honorable Judge Mark E. Fuller on 2/5/14. (djy, ) (Entered: 02/05/2014)

NOTICE of Appearance by Samuel J Brooke on behalf of Harriet Delores Cleveland, Markis Antwuan Watts (Brooke, Samuel) (Entered: 03/14/2014)

ORDER, upon consideration of Plf Cleveland's Emergency Petition For Writ of Certiorari, or in the Alternative, Writ of Mandamus 1 -1 and AmendedPetition for Declaratory Relief, Writ of Certiorari, or in the Alternative, Writ of Mandamus 1 -2, both filed in the Circuit Court of Montgomery County, Alabama, it is hereby ORDERED that the motions are DISMISSED with leave to re-file in this court. Signed by Honorable Judge Mark E. Fuller on 3/19/14. (djy, ) (Entered: 03/19/2014)

First MOTION to Compel to Defendant City of Montgomery by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Exhibit Plaintiffs' Memorandum in Support of Plaintiffs' First Motion to Compel Defendant City of Montgomery, # 2 Exhibit Brooke Declaration and Exhibits A to H, # 3 Text of Proposed Order Proposed Order)(Brooke, Samuel) (Entered: 04/28/2014)

1 Exhibit Plaintiffs' Memorandum in Support of Plaintiffs' First Motion

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2 Exhibit Brooke Declaration and Exhibits A to H

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3 Text of Proposed Order Proposed Order

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ORDER TO SHOW CAUSE by defendants' whether plf's 23 Motion to Compel is due to be granted; Show Cause Response due by 5/14/2014. Signed by Honorable Judge Terry F. Moorer on 4/30/14. (djy, ) (Entered: 04/30/2014)

NOTICE by Harriet Delores Cleveland, Markis Antwuan Watts re 23 First MOTION to Compel to Defendant City of Montgomery, 24 Order to Show Cause of Dismissal of First Motion to Compel to Defendant City of Montgomery (Zampierin, Sara) (Entered: 05/13/2014)

ORDER denying 23 Motion to Compel. Signed by Honorable Judge Terry F. Moorer on 5/13/14. (djy, ) (Entered: 05/13/2014)

MOTION To have limited participation in the June 30, 2014 hearing in Mitchell v. City of Montgomery and to suspend our Scheduling Order re 18 Scheduling Order,, by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Limited Participation in June 30, 2014 Hearing in Mitchell v. City of Montgomery, No. 2:14-CV-00186 and Motion to Suspend Scheduling Order)(Zampierin, Sara) (Entered: 05/14/2014)

1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Limited Pa

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NOTICE of Appearance by Shannon Lynn Holliday on behalf of City of Montgomery (Holliday, Shannon) (Entered: 05/15/2014)

NOTICE of Appearance by Robert David Segall on behalf of City of Montgomery (Segall, Robert) (Entered: 05/15/2014)

ORDER TO SHOW CAUSE, in writing, as to why 27 MOTION To have limited participation in the June 30, 2014 hearing in Mitchell v. City of Montgomery (No. 2:14-cv-186) and to suspend our Scheduling Order re 18 Scheduling Order should not be granted; Show Cause Response due by 5/23/2014. Signed by Honorable Judge Mark E. Fuller on 5/16/14. (djy, ) (Entered: 05/16/2014)

RESPONSE to 30 order to show cause filed by City of Montgomery. (Holliday, Shannon) Modified on 5/19/2014 to clarify text to reflect as RESPONSE to 30 order (qc/djy, ). (Entered: 05/16/2014)

NOTICE of Appearance by Robert David Segall on behalf of Les Hayes, III, Milton J. Westry (Segall, Robert) (Entered: 05/22/2014)

NOTICE of Appearance by Shannon Lynn Holliday on behalf of Les Hayes, III, Milton J. Westry (Holliday, Shannon) (Entered: 05/22/2014)

Joint MOTION to Modify re 18 Scheduling Order,, JOINT MOTION TO MODIFY DISPOSITIVE MOTION DEADLINE by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Text of Proposed Order)(Brooke, Samuel) (Entered: 05/27/2014)

1 Text of Proposed Order

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ORDER as follows: 1. Plaintiff's 27 Motion is GRANTED IN PART and DENIED IN PART. 2. Plaintiffs may participate at the 6/30/2014 hearing in Mitchell v. City of Montgomery, 2:14-cv-186, orally and through ancillary briefing, for the limited pur pose of expressing their views on the legal sufficiency of the current or proposed plan the City is required to submit to the Court pursuant to the Preliminary Injunction Order in Mitchell. 3. The dispositive motions deadline (Section 2), face-to-fac e settlement conference deadline (Section 3), discovery deadline (Section 7), and the expert disclosure deadlines (Section 8) set forth in the 18 Uniform Scheduling Order are CONTINUED until 7/21/2014. Signed by Honorable Judge Mark E. Fuller on 5/27/2014. (dmn, )

TEXT ORDER denying the 34 Joint Motion to Modify Dispositive Motion Deadline as moot. Signed by Honorable Judge Mark E. Fuller on 5/28/2014. (dmn, ) (NO PDF attached) (Entered: 05/28/2014)

ORDER that a Status Conference is set for 6/5/2014 at 02:00 PM by conference call arranged by counsel for the defendant before Honorable Judge Mark E. Fuller. Signed by Honorable Judge Mark E. Fuller on 5/29/2014. Copies furnished to calendar group, WR.(dmn, ) (Entered: 05/29/2014)

MOTION for Protective Order (UNOPPOSED) by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Proposed Protective Order)(Brooke, Samuel) (Entered: 06/04/2014)

1 Proposed Protective Order

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MOTION for Leave to File Amend the Pleadings by Les Hayes, III, Milton J. Westry. (Attachments: # 1 Exhibit A, # 2 Exhibit Exhibit 1 to Exhibit A)(Holliday, Shannon) (Entered: 06/04/2014)

1 Exhibit A

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2 Exhibit Exhibit 1 to Exhibit A

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ORDER RESETTING the Status Conference set for 6/5/2014 @ 2:00 pm to 6/10/2014 @ 02:00 PM before Honorable Judge Mark E. Fuller, by conference call arranged by counsel for the defendant. Signed by Honorable Judge Mark E. Fuller on 6/5/14. Furnished to calender group & WR.(djy, ) (Entered: 06/05/2014)

ORDER TO SHOW CAUSE by the plaintiffs, in writing, as to why 39 Motion for Leave to amend the pleadings filed by Les Hayes, III, Milton J. Westry should not be granted; Show Cause Response due by 6/10/2014. Signed by Honorable Judge Mark E. Fuller on 6/5/14. (djy, ) (Entered: 06/05/2014)

ORDER GRANTING 38 MOTION for PROTECTIVE ORDER regarding Confidential information, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 6/5/14. (djy, ) (Entered: 06/05/2014)

RESPONSE in Opposition re 39 MOTION for Leave to File Amend the Pleadings filed by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Brooke Declaration in Support and Exhibits A to E)(Brooke, Samuel) (Entered: 06/10/2014)

1 Brooke Declaration in Support and Exhibits A to E

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COPY OF ORDER entered in Civil Action No. 2:14-cv-186-MEF: On 6/10/2014, a telephone status conference was held addressing the Court's 18 Preliminary Injunction Order. Counsel for the parties in the above-styled action, as well as counsel for the parties in Cleveland v. City of Montgomery, Case No. 2:13-cv-732, and Watts v. City of Montgomery, et al., Case No. 2:13-cv-733 (hereinafter Cleveland/Watts), were present. In light of representations and agreements made at this status conference, it is hereby ORDERED as follows: 1. The June 30, 2014 hearing set forth in the Preliminary Injunction Order is CANCELLED. The Court will instead hold a Telephone Status Conference on 6/30/2014 at 09:00 AM by conference call arranged by counsel for Defendant before Honorable Judge Mark E. Fuller. No parties other than the attorneys for the parties in the above-styled action and in Cleveland/Watts are required to be present for the June 30, 2014 telephone conference. 2. All deadlines contained in the Preliminary Injunction Order are suspended indefinitely and the Preliminary Injunction Order is extended for 30 days. 3. The parties in the above-styled action and Cleveland/Watts shall be prepared to discuss the status of Plaintiffs pending claims in their respective cases at the June 30, 2014 telephone conference. 4. The Clerk of Court shall also docket this order in Cleveland v. City of Montgomery, Case No. 2:13-cv-732. Signed by Honorable Judge Mark E. Fuller on 6/11/2014. Order docketed in Civil Acton No. 2:13-cv-732 as directed. Copies furnished to calendar group, WR. (dmn, ) (Entered: 06/11/2014)

Joint MOTION to modify for Extension of Deadline (1) Dispositive Motions (2) Face-to-Face Settlement Conf (3) Discovery & (4) Expert Disclosures re 35 Order, Terminate Motions, Set Scheduling Order Deadlines,,,,,,,,, 18 Scheduling Order,, by Harriet Delores Cleveland, Markis Antwuan Watts. (Brooke, Samuel). Corrected to clarify text as shown in PDF document as a MOTION to Modify 18 scheduling order on 6/23/2014 (qc/djy, ). (Entered: 06/20/2014)

ORDER GRANTING 45 MOTION to Modify 18 Uniform Scheduling order; the dispositive motions deadline, face-to-face settlement conference deadline, discovery deadline, and the expert disclosure deadlines set forth in the 18 Uniform Scheduling order are extended to 8/18/2014. Signed by Honorable Judge Mark E. Fuller on 6/23/14. (djy, ) (Entered: 06/23/2014)

COPY OF ORDER entered in Civil Action No. 2:14cv186-MEF directing as follows: (1) a telephone Status Conference is set for 7/21/2014 @ 09:00 AM before Honorable Judge Mark E. Fuller, by conference call arranged by counsel for defendant; (2) directing the clerk to also docket this order in Cleveland v. City of Montgomery, et al., Case No. 2:13cv732, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 6/30/14. Furnished to calendar group & WR.(djy, ) (Entered: 06/30/2014)

ORDER entered in 2:14-cv-186: On 7/21/2014, a telephone status conference was held addressing the Court's 18 Preliminary Injunction Order. It is ORDERED as follows: 1. The Preliminary Injunction Order is extended for 30 days. 2. A telephone Status Conference is set for 8/20/2014 at 02:00 PM by conference call arranged by counsel for Defendant before Honorable Judge Mark E. Fuller. 3. The Clerk of Court shall also docket this order in Cleveland v. City of Montgomery, et al, Case No. 2:13-cv-732. Signed by Honorable Judge Mark E. Fuller on 7/21/2014. Copies furnished to calendar group, WR. (dmn, ) (Entered: 07/21/2014)

Joint MOTION to Continue by City of Montgomery, Les Hayes, III, Milton J. Westry. (Holliday, Shannon) Modified on 8/13/2014 to clarify text to reflect as also filed on behalf of plaintiffs (qc/djy, ). (Entered: 08/12/2014)

ORDER directing as follows: (1) the parties' 49 Joint MOTION to Continue the current deadlines for dispositive motions, discovery and Daubert motions is GRANTED; (2) the dispositive motions deadline (section 2), face-to-face settlement conference deadline (section 3), discovery deadline (section 7), and the expert disclosure deadlines (section 8) as currently set forth in the 46 Order modifying the uniform scheduling order are extended 60 days to October 20, 2014. Signed by Chief Judge William Keith Watkins on 8/19/14. (djy, ) (Entered: 08/19/2014)

Case reassigned to Honorable Judge Myron H. Thompson. Honorable Judge Mark E. Fuller no longer assigned to the case. (djy, ) (Entered: 08/20/2014)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 8/20/2014 (PDF available for court use only). (Recording Time 2:06 - 2:23.) (ag, ) (Entered: 08/20/2014)

ORDER directing as follows: (1) all deadlines, including pretrial and trial dates, provided for by the 18 Uniform Scheduling Order are continued generally; (2) all outstanding motions are denied as moot; (3) the parties shall file appropriate settlement papers by 8/29/2014. Signed by Honorable Judge Myron H. Thompson on 8/21/14. Furnished to calendar group, AG & WR (terminates Pretrial Conference; Non-Jury Trial 11/03/2014)(djy, ) (Entered: 08/21/2014)

Joint MOTION for Settlement Entry of Agreed Settlement Order by City of Montgomery, Les Hayes, III, Milton J. Westry. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Holliday, Shannon) (Entered: 08/26/2014)

1 Exhibit A

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2 Text of Proposed Order

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Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 9/3/2014 (PDF available for court use only). (Recording Time FTR: 3:29 PM - 3:49 PM.) (war, ) (Entered: 09/03/2014)

Joint MOTION for Settlement AMENDED JOINT MOTION FOR ENTRY OF AGREED SETTLEMENT ORDER by Harriet Delores Cleveland, Markis Antwuan Watts. (Attachments: # 1 Exhibit A, Judicial Procedures, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Brooke, Samuel) (Entered: 09/12/2014)

1 Exhibit A, Judicial Procedures

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2 Memorandum in Support

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3 Text of Proposed Order

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ORDER denying 54 Motion for entry of agreed settlement order without prejudice. Signed by Honorable Judge Myron H. Thompson on 11/14/14. (djy, ) (Entered: 11/14/2014)

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/17/2014. (wcl, )

JUDGMENT; it is ORDERED that the parties' 56 joint motion for entry of agreed settlement order is granted, as further set out in judgment; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; These cases are closed. Signed by Honorable Judge Myron H. Thompson on 11/17/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

1 Civil Appeals Checklist

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