Case: Carden v. Town of Harpersville

2:15-cv-01381 | U.S. District Court for the Northern District of Alabama

Filed Date: Aug. 14, 2015

Closed Date: May 18, 2018

Clearinghouse coding complete

Case Summary

This case is a follow on case to Burdette v. Town of Harpersville, Alabama (CJ-AL-0005). That was a class action case in Alabama state court in which people were "supervised" by the private probation company Judicial Correctional Services, Inc., (JCS) at the behest of the Harpersville Municipal court. The plaintiffs challenged JSC's exorbitant fees and practice of jailing people who were unable to pay them. The case resulted in a temporary restraining order, the abolition of the municipal court…

This case is a follow on case to Burdette v. Town of Harpersville, Alabama (CJ-AL-0005). That was a class action case in Alabama state court in which people were "supervised" by the private probation company Judicial Correctional Services, Inc., (JCS) at the behest of the Harpersville Municipal court. The plaintiffs challenged JSC's exorbitant fees and practice of jailing people who were unable to pay them. The case resulted in a temporary restraining order, the abolition of the municipal court, and the cancellation of the town's contract with JCS.

On August 14, 2015, after the Burdette litigation finished, a woman who had been fined by the Harpersville Municipal Court and "supervised" by JCS filed this putatitve class action lawsuit against the City in the U.S. District Court for the Northern District of Alabama. The plaintiff was represented by private counsel, and the case was assigned to District Judge R. David Proctor. The plaintiff, bringing suit under 42 U.S.C. § 1983 and the Declaratory Judgement Act (28 U.S.C. § 2201), claimed that the City's actions violated her Fourth, Sixth, Eighth, and Fourteenth Amendment rights, as well as Alabama state law. She requested declaratory and injunctive relief, monetary damages, and attorneys' fees. Soon after the case began, the plaintiff filed an amended complaint adding JCS as a defendant

After several years of litigation, which included multiple amendments to the plaintiff's complaint and motions to dismiss by the defendants, the parties stipulated to the dismissal of the case on May 18, 2018. It appears from the docket that named plaintiff—and possibly others—were able to reach a monetary settlement with the City. The case is now closed.

Summary Authors

Jonah Hudson-Erdman (11/17/2021)

Related Cases

Burdette v. Town of Harpersville, Alabama, Alabama state trial court (2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5629821/parties/carden-v-the-town-of-harpersville/


Judge(s)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Dawson, William Monroe Jr. (Alabama)

Evans, G. Daniel (Alabama)

Parrish, Alexandria (Alabama)

Attorneys(s) for Defendant

Anderson, Lewis Conrad IV (Alabama)

Cook, Gregory C. (Alabama)

Finch, Fredrick Lane Jr. (Alabama)

Friedman, Christopher Knox (Alabama)

Green, Wilson F. (Alabama)

Jackson, Michael Leon (Alabama)

Judge(s)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Dawson, William Monroe Jr. (Alabama)

Evans, G. Daniel (Alabama)

Parrish, Alexandria (Alabama)

Attorneys(s) for Defendant

Anderson, Lewis Conrad IV (Alabama)

Cook, Gregory C. (Alabama)

Finch, Fredrick Lane Jr. (Alabama)

Friedman, Christopher Knox (Alabama)

Green, Wilson F. (Alabama)

Jackson, Michael Leon (Alabama)

Leavens, Ginny Willcox (Alabama)

Logsdon, Larry Stephen (Alabama)

Richardson, Brian C. (Alabama)

Tankersley, Will Hill (Alabama)

Winborn, Wesley Kyle (Alabama)

Documents in the Clearinghouse

Document

2:15-cv-01381

Docket [PACER]

Carden v. The Town of Harpersville

May 18, 2018

May 18, 2018

Docket
1

2:15-cv-01381

Complaint

Aug. 14, 2015

Aug. 14, 2015

Complaint
43

2:15-cv-01381

Memorandum Opinion

Carden v. The Town of Harpersville

2016 WL 4493059

Aug. 26, 2016

Aug. 26, 2016

Order/Opinion
110

2:15-cv-01381

Memorandum Opinion

2017 WL 4180858

Sept. 21, 2017

Sept. 21, 2017

Order/Opinion
116

2:15-cv-01381

Second Amended and Restated Complaint

Carden v. The Town of Harpersville

Oct. 23, 2017

Oct. 23, 2017

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5629821/carden-v-the-town-of-harpersville/

Last updated July 24, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The Town of Harpersville, filed by Dana Carden. (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, # 9 Exhibit 9)(KEK) (Entered: 08/14/2015)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

Aug. 14, 2015

Aug. 14, 2015

Clearinghouse
2

Request for service by certified mail filed by Dana Carden. (KEK) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
3

NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (KEK) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER

Filing fee: $ 400, receipt number B4601064575. (KEK)

Aug. 17, 2015

Aug. 17, 2015

PACER
4

Summons Issued as to The Town of Harpersville. Sent via certified mail. (KEK) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
5

SUMMONS Returned Executed by Dana Carden. The Town of Harpersville served on 8/19/2015, answer due 9/9/2015. (KEK) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

PACER
6

AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Judicial Correction Services, Inc.,, Correctional Healthcare Companies, Inc., CHC Companies, Inc., filed by Dana Carden. (Attachments: # 1 Exhibit 1 - Audited Financials - Part 1, # 2 Exhibit 1 - Audited Financials - Part 2, # 3 Exhibit 2 - S & P ratings)(Evans, G) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
7

Request for service by certified mail filed by Dana Carden. (Evans, G) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
8

Summons Issued as to CHC Companies, Inc., Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc. Sent via certified mail. (KEK) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
9

SUMMONS Returned Executed by Dana Carden. CHC Companies, Inc. served on 9/9/2015, answer due 9/30/2015; Judicial Correction Services, Inc., served on 9/9/2015, answer due 9/30/2015. (KEK) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
10

SUMMONS Returned Executed by Dana Carden. Correctional Healthcare Companies, Inc. served (no date on green card). (KEK) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
11

MOTION to Stay re 6 Amended Complaint, by The Town of Harpersville. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-1, # 5 Exhibit D-2, # 6 Exhibit D-3, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O)(Anderson, L) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
12

NOTICE of Appearance by Ginny Willcox Leavens on behalf of The Town of Harpersville (Leavens, Ginny) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
13

MOTION to Dismiss or Stay Under the Colorado River Doctrine by CHC Companies, Inc.. (Finch, Fredrick) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
14

Motion to Stay or Dismiss 6 Plaintiffs Amended Complaint and Motion for Extension of Time to File Responsive Pleading or Motion Under Rule 12, Fed. R. Civ. P. by Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc.,. (Jackson, Michael) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
15

Corporate Disclosure Statement by Judicial Correction Services, Inc.,. filed by Judicial Correction Services, Inc., (Jackson, Michael) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
16

Corporate Disclosure Statement by Correctional Healthcare Companies, Inc.. filed by Correctional Healthcare Companies, Inc. (Jackson, Michael) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
17

NOTICE of Appearance by Will Hill Tankersley on behalf of The Town of Harpersville (Tankersley, Will) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
18

NOTICE of Appearance by Gregory C Cook on behalf of The Town of Harpersville (Cook, Gregory) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
19

NOTICE OF REASSIGNMENT - The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable R. David Proctor. Please use case number 2:15-cv-1381-RDP on all subsequent pleadings. (KEK) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
20

NOTICE of Appearance by Larry S Logsdon on behalf of Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc., (Logsdon, Larry) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
21

NOTICE of Appearance by Wesley Kyle Winborn on behalf of Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc., (Winborn, Wesley) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
22

TEXT ORDER - This case is before the court on Defendants' Motions to Stay or Dismiss the Amended Complaint Under the Colorado River Doctrine [11, 13, 14]. The Parties SHALL brief the issues raised in the Motions [11, 13, 14] in accordance with the following schedule: (1) Plaintiff SHALL file any responses on or before October 19, 2015; and (2) Defendants SHALL file any replies on or before October 26, 2015. Signed by Judge R David Proctor on 10/5/2015. (AVC) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
23

INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS-reminding parties of their obligations under FRCP 26(f) and LR26.1(d)- with appendices attached. Signed by Judge R David Proctor on 10/5/2015. (AVC) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

RECAP
24

Unopposed MOTION for Leave to File Additional Pages for Responsive Brief in Opposition to Defendants' Motions to Dismiss or Stay by Dana Carden. (Evans, Maurine) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
25

TEXT ORDER - This case is before the court on Plaintiff's Unopposed Motion for Leave to File Additional Pages for Responsive Briefs in Opposition to Defendants' Motions to Dismiss or Stay 24 . Plaintiff's Motion 24 is GRANTED. The page limit for Plaintiff's Responsive Briefs is hereby INCREASED to thirty-five (35) pages. Signed by Judge R David Proctor on 10/14/2015. (AVC) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
26

CONSOLIDATED RESPONSE in Opposition to Motion to Dismiss or Stay Under the Colorado River Doctrine 11, 13,& 14 filed by Dana Carden. (Attachments: # 1 Exhibit A - Plaintiffs' Second Amended Complaint in state case 10 20 11, # 2 Exhibit B - Joint Stip of Parties as to Class Cert in state case, # 3 Exhibit C - Affidavit of Jim Pino, # 4 Exhibit D - JCS' Opp to Plaintiffs' Mot to Amend Complaint 6 22 12 - Pt 1, # 5 Exhibit D - JCS' Opp to Plaintiffs' Mot to Amend Complaint 6 22 12 - Pt 2, # 6 Exhibit D JCS' Opp to Plaintiffs' Mot to Amend Complaint 6 22 12 - Pt 3, # 7 Exhibit E - State Court order returning records to Harpersville, # 8 Exhibit F - Order allowing Bill Dawson to withdraw, # 9 Exhibit G - Dawson Motion to Withdraw)(Evans, G) (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

PACER
27

Unopposed MOTION for Extension of Time to File Reply Brief by The Town of Harpersville. (Anderson, L) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
28

TEXT ORDER - This case is before the court on Defendants' Unopposed Motion for Extension of Time To File Reply Brief 27 . The Motion 27 is GRANTED. Defendants' reply is due on or before November 2, 2015. Signed by Judge R David Proctor on 10/23/2015. (AVC) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
29

Corporate Disclosure Statement by CHC Companies, Inc. (Finch, Fredrick) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
30

REPLY Brief to 26 Consolidated Response in Opposition to Motion to Dismiss or Stay Under the Colorado River Doctrine filed by CHC Companies, Inc.. (Finch, Fredrick) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
31

REPLY Brief in Support of Its 11 Motion to Stay or Dismiss Plaintiffs' Amended Complaint Under the Colorado River Doctrine filed by The Town of Harpersville. (Attachments: # 1 Exhibit A -- Article re: JCS leaving Alabama, # 2 Exhibit Screenshot of Shelby County Docket)(Anderson, L) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
32

JOINDER in 31 the Town of Harpersville's Reply Brief in Support of Its Motion to Stay or Dismiss Plaintiff's Amended Complaint Under the Colorado River Doctrine filed by Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc.. (Jackson, Michael) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
33

MOTION to Stay Discovery by The Town of Harpersville. (Attachments: # 1 Exhibit 1)(Cook, Gregory) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
34

JOINDER in 33 Motion to Stay Discovery filed by Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc. (Jackson, Michael) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
35

TEXT ORDER - This case is before the court on Defendant Harpersville's Motion To Stay Discovery 33, and Defendants Judicial Correction Services, Inc. and Correctional Healthcare Companies, Inc.'s Joinder in the Town of Harpersville's Motion to Stay Discovery (Doc. 33) 34 . The parties are REMINDED to brief the issues raised in the Motion 33 in accordance with "Exhibit B," attached to the court's October 5, 2015 Initial Order 23 . Signed by Judge R David Proctor on 12/21/2015. (AVC) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
36

MOTION to Stay Discovery by CHC Companies, Inc. (Finch, Fredrick) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
37

Consolidated RESPONSE in Opposition to Motions to Stay Discovery 33 & 36 filed by Dana Carden. (Evans, G) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
38

REPLY to Opposition to 36 Motion to Stay Discovery filed by CHC Companies, Inc. (Finch, Fredrick) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
39

REPLY in Support of 33 Motion to Stay Discovery filed by The Town of Harpersville. (Cook, Gregory) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
40

NOTICE of Appearance by Brian C Richardson on behalf of CHC Companies, Inc. (Richardson, Brian) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
41

NOTICE of Order Granting Motion to Stay Discovery in Related Case by The Town of Harpersville. (Cook, Gregory) (Entered: 01/26/2016)

Jan. 26, 2016

Jan. 26, 2016

PACER
42

ORDER-re: Defendants' Stay Motions 33, 34, 36 . The motions are hereby GRANTED IN PART and DENIED IN PART. This case, including Rule 26 requirements, is STAYED until the court rules on Defendants' Dismissal Motions. If, in the future, the stay is lifted, the court will address the parties' Rule 26 and other pre-trial obligations. Signed by Judge R David Proctor on 1/29/2016. (AVC) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
43

MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/26/2016. (AVC) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

Clearinghouse
44

ORDER-In accordance with the reasons set forth in the Memorandum Opinion 43, the Motion to Stay or Dismiss Plaintiff's Amended Complaint 11, Joinder in Motion to Dismiss or Stay 13, and Motion to Stay or Dismiss Plaintiff's Amended Complaint and Motion for Extension of Time to File Responsive Pleading or Motion under Rule 12, Fed. R. Civ. P. 14 are DENIED. The stay of this case is hereby LIFTED. Dfts SHALL file an appropriate response to Pltf's First Amended and Restated Complaint within twenty-one (21) days. Further, the parties SHALL file a joint report concerning the status of the proceedings in Burdette v. Town of Harpersville, Ala., case no. CV-2010-900183 (Shelby Cty. Circ. Ct.), by 9/23/2016. Signed by Judge R David Proctor on 8/26/2016. (AVC) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
45

Unopposed MOTION to Exceed Page Limit on Motion to Dismiss by Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc.,. (Logsdon, Larry) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
46

TEXT ORDER-This matter is before the court on Defendants' Judicial Correction Services, Inc. and Correctional Healthcare Companies, Inc. Unopposed Motion to Exceed Page Limit on Motion to Dismiss 45 . The Motion 45 is GRANTED. Defendants' Motion to Dismiss MAY contain up to forty-five (45) pages. Signed by Judge R David Proctor on 9/15/2016. (AVC) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
47

MOTION to Dismiss First Amended and Restated Complaint by Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc.,. (Jackson, Michael) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
48

MOTION to Dismiss by CHC Companies, Inc.. (Finch, Fredrick) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
49

MOTION to Dismiss Plaintiff's Complaint by The Town of Harpersville. (Attachments: # 1 Exhibit Traffic Tickets and Court Dispositions, # 2 Exhibit Judicial Inquiry Commission Opinion)(Cook, Gregory) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
50

Joint MOTION to Stay Discovery by CHC Companies, Inc., Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc.,, The Town of Harpersville. (Cook, Gregory) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
51

TEXT ORDER-This case is before the court on Defendants' Correctional Healthcare Companies, Inc. and Judicial Correction Services, Inc. Motion to Dismiss First Amended and Restated Complaint 47, Defendant CHC Companies, Inc.'s Motion to Dismiss 48, Defendant Town of Harpersville's Motion to Dismiss 49, and Defendants' Joint Motion to Stay Discovery 50 . The parties are REMINDED to brief the Motions 47, 48, 49, 50 under Exhibit B to the court's Initial Order 23 . Signed by Judge R David Proctor on 9/19/2016. (AVC) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
52

CONSOLIDATED RESPONSE in Opposition to 50 Second Motion to Stay Discovery filed by Dana Carden. (Evans, G) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
53

REPLY to 52 Response to Motion to Stay Discovery filed by The Town of Harpersville. (Cook, Gregory) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
54

Unopposed MOTION for Leave to File Additional Pages for Responsive Brief in Opposition to JCS's Motion to Dismiss 47 by Dana Carden. (Evans, Maurine) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
55

TEXT ORDER-This matter is before the court on Plaintiff's Unopposed Motion for Leave to File Additional Pages for Responsive Brief in Opposition to JCS' Motion to Dismiss 54 . The Motion 54 is GRANTED. Plaintiff's Responsive Brief MAY contain up to forty (40) pages. Signed by Judge R David Proctor on 9/23/2016. (AVC) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
56

Unopposed MOTION for Leave to File Additional Pages for Responsive Brief in Opposition to Motion to Dismiss 49 by Dana Carden. (Evans, Maurine) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
57

TEXT ORDER-This matter is before the court on Plaintiff's Unopposed Motion for Leave to File Additional Pages for Responsive Brief in Opposition to Harpersville's Motion to Dismiss 56 . The Motion 56 is GRANTED. Plaintiff's Responsive brief to Defendant Town of Harpersville's Motion to Dismiss 49 MAY contain up to thirty-five 35 pages. Signed by Judge R David Proctor on 9/23/2016. (AVC) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
58

RESPONSE to re 44 Joint Report in Response to the Court's Order of August 26, 2016 filed by Judicial Correction Services, Inc.,. (Jackson, Michael) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
59

Opposition to 47 Motion to Dismiss Amended Complaint filed by Dana Carden. (Evans, G) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
60

RESPONSE in Opposition to 48 Motion to Dismiss First Amended Complaint filed by Dana Carden. (Evans, G) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
61

RESPONSE in Opposition to 49 Motion to Dismiss Amended Complaint filed by Dana Carden. (Evans, G) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

RECAP
62

Unopposed MOTION for Leave to File Additional Pages for its Reply in Support of its Motion to Dismiss by The Town of Harpersville. (Cook, Gregory) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
63

TEXT ORDER-This matter is before the court on Defendant Town of Harpersville's Unopposed Motion for Leave to File Additional Pages for Its Reply in Support of Its Motion to Dismiss 62 . The Motion 62 is GRANTED. Defendant's Reply in Support of Its Motion to Dismiss MAY contain up to fifteen (15) pages. Signed by Judge R David Proctor on 9/26/2016. (AVC) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
64

REPLY in Support of Its 49 Motion to Dismiss Plaintiff's Complaint filed by The Town of Harpersville. (Cook, Gregory) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
65

REPLY Brief in Support of 47 Motion to Dismiss First Amended and Restated Complaint filed by Correctional Healthcare Companies, Inc., Judicial Correction Services, Inc. (Jackson, Michael) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
66

REPLY to 60 Opposition to Motion to Dismiss filed by CHC Companies, Inc.. (Finch, Fredrick) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
67

NOTICE of Filing Exhibit by CHC Companies, Inc. re 66 . (Attachments: # 1 Exhibit A to Doc. 66 - Agreement and Plan of Merger)(Finch, Fredrick) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
68

NOTICE of Appearance by Christopher Knox Friedman on behalf of The Town of Harpersville (Friedman, Christopher) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
69

ORDER The Motion to Stay Discovery 50 is DENIED. The parties SHALL conduct the conference required by FRCP 26(f) and LR26.1(d) as soon as practicable, but in no event later that twenty-one (21) days form the entry date of this order. They SHALL file a report of the planning meeting within fourteen (14) days of the meeting that complies with the instructions set forth in the court's Initial Order 23 . Signed by Judge R David Proctor on 10/6/2016. (AVC) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
70

REPORT of Rule 26(f) Planning Meeting. (Anderson, L) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
71

SCHEDULING ORDER that certain deadlines apply as further set out: Mediation in 9/2017; Discovery due by 9/16/2017; Dispositive Motions due by 10/17/2017; Pretrial conference ready in 6/2018, This case will be trial ready in 7/2018. Signed by Judge R David Proctor on 11/15/2016. (AVC) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
72

MOTION for Leave to File Notice of Supplemental Authority by The Town of Harpersville. (Attachments: # 1 Exhibit Notice of Supplemental Authority, # 2 Exhibit JIC Complaint)(Cook, Gregory) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
73

Amended MOTION for Leave to File Notice of Supplemental Authority by The Town of Harpersville. (Attachments: # 1 Exhibit Notice of Supplemental Authority Harpersville, # 2 Exhibit JIC Complaint)(Cook, Gregory) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
74

TEXT ORDER-This case is before the court on Defendant Town of Harpersville's Amended Motion for Leave to File Notice of Supplemental Authority 73 . The Motion 73 is GRANTED. Defendant Town of Harpersville is instructed to file the Notice of Supplemental Authority and attached authority with the Clerk of the Court. Plaintiff MAY file a response, if any, on or before December 16, 2016. Defendant Town of Harpersville's original Motion for Leave to File Notice of Supplemental Authority 72 is ADMINISTRATIVELY TERMINATED. Signed by Judge R David Proctor on 12/2/2016. (AVC) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
75

NOTICE of Supplemental Authority by The Town of Harpersville. (Attachments: # 1 Exhibit JIC Complaint)(Cook, Gregory) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
76

Unopposed MOTION for Extension of Time by Dana Carden. (Evans, Maurine) (Entered: 12/10/2016)

Dec. 10, 2016

Dec. 10, 2016

PACER
77

TEXT ORDER-This case is before the court on Plaintiff's Unopposed Motion for Extension of Time 76 . For good cause shown, the Motion 76 is GRANTED. Plaintiff MAY file a response to Defendant Town of Harpersville's Notice of Supplemental Authority 75 on or before December 23, 2016. Signed by Judge R David Proctor on 12/14/2016. (AVC) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
78

RESPONSE to re 75 HARPERSVILLES SUPPLEMENTAL AUTHORITY filed by Dana Carden. (Evans, G) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
79

SUPPLEMENTAL RESPONSE to 75 Childersburg's Supplemental Authority filed by Dana Carden. (Attachments: # 1 Exhibit A - Agreement and Stipulation, # 2 Exhibit B - Final Judgment)(Evans, G) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
80

SUPPLEMENTAL RESPONSE to 75 Harpersville's Supplemental Authority filed by Dana Carden. (Attachments: # 1 Exhibit A - Agreement and Stipulation, # 2 Exhibit B - Final Judgment)(Evans, G) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
81

REPLY to 80 Supplemental Response to Harpersville's Supplemental Authority filed by The Town of Harpersville. (Anderson, L) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
82

Unopposed MOTION to Modify Scheduling Order by Dana Carden. (Evans, G) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
83

TEXT ORDER-This case is before the court on Plaintiff's Unopposed Motion to Modify Scheduling Order 82 . The court has reviewed the Scheduling Order in this action and has observed that the class certification motion is due to be filed before the dispositive motions. Since the dispositive motions are being decided before the class certification stage in Ray v. Judicial Corrections Services, et al., Case Number 2:12-cv-02819-RDP, the court intends to discuss with the parties whether that procedure is appropriate in this case before amending the scheduling order. Accordingly, this case is SET for a teleconference at 1:30 p.m. on Monday, February 13, 2017. The parties are DIRECTED to call 866-434-5269 to access the telephone conference. The access code is 6022965. Signed by Judge R David Proctor on 2/10/2017. (AVC) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 2/13/2017. A separate order will be entered extending the deadlines as indicated at the conference. (KLL)

Feb. 13, 2017

Feb. 13, 2017

PACER
84

TEXT ORDER-This matter is before the court on Plaintiff's Unopposed Motion to Modify Scheduling Order 82 . The court held a teleconference in this case on February 13, 2017. Based on the discussions during the teleconference, and for good cause shown, the Motion 82 is GRANTED. Further, by agreement of the parties, the court amends the Scheduling Order so that the class certification proceedings will occur after the dispositive motion proceedings. The court's November 14, 2016 Scheduling Order 71 is AMENDED as follows: (1) Plaintiff is allowed until April 17, 2017 to join additional parties and amend the pleadings; Defendant is allowed until May 8, 2017 to join additional parties and amend the pleadings; (2) Any expert reports on the merits of the action are due from Plaintiff by June 19, 2017, and from Defendants by July 31, 2017; (3) Any merits expert for Plaintiff shall be deposed by July 24, 2017, and any merits expert for Defendants shall be deposed by August 23, 2017; (4) Class certification expert reports are due from Plaintiff by October 31, 2017, and from Defendants by December 4, 2017; (5) Any class certification expert for Plaintiff shall be deposed by November 20, 2017, and any merits expert for Defendants shall be deposed by January 8, 2018; (6) All potentially dispositive motions should be filed by January 17, 2018; and (7) Plaintiff should file a motion for class certification within sixty (60) days after the court's ruling on all motions for summary judgment. Signed by Judge R David Proctor on 2/14/2017. (AVC) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
85

TEXT ORDER-The court's February 14, 2017 text Order 84 is AMENDED as follows: (5) Any class certification expert for Plaintiff shall be deposed by November 20, 2017, and any class certification expert for Defendants shall be deposed by January 8, 2018. Signed by Judge R David Proctor on 2/14/2017. (AVC) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
86

Supplemental Corporate Disclosure Statement by Judicial Correction Services, Inc. (Jackson, Michael) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
87

Joint MOTION for Protective Order by The Town of Harpersville. (Attachments: # 1 Exhibit A - Protective Order)(Leavens, Ginny) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
88

PROTECTIVE ORDER. Signed by Judge R David Proctor on 4/12/2017. (AVC) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
89

MOTION to Strike Class Allegations Based on Griffin and Ewing by The Town of Harpersville. (Cook, Gregory) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
90

TEXT ORDER-This case is before the court on Defendant Town of Harpersville's Motion to Strike Class Allegations 89 . All interested parties are REMINDED to brief the Motion 89 under Exhibit B to the court's Initial Order 23 . Signed by Judge R David Proctor on 4/13/2017.(AVC) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
91

MOTION for Extension of Time to File Response/Reply as to 89 MOTION to Strike Class Allegations Based on Griffin and Ewing by Dana Carden. (Evans, G) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
92

TEXT ORDER-This case is before the court on Plaintiff's Unopposed Motion for Extension of Time 91 . For good cause shown, Plaintiff's Motion 91 is GRANTED. Plaintiff SHALL respond to Defendant Town of Harpersville's Motion to Strike Class Allegations 89 on or before May 4, 2017.. Signed by Judge R David Proctor on 4/18/2017. (KAM) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
93

RESPONSE to Motion re 89 MOTION to Strike Class Allegations Based on Griffin and Ewing filed by Dana Carden. (Evans, G) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
94

RESPONSE to re 93 Plaintiff's Apparent Motion to Stay filed by The Town of Harpersville. (Attachments: # 1 Exhibit Exhibit A)(Cook, Gregory) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
95

RESPONSE to Motion re 89 MOTION to Strike Class Allegations Based on Griffin and Ewing AMENDED RESPONSE TO THE TOWN OF HARPERSVILLES MOTION TO STRIKE CLASS ALLEGATIONS filed by Dana Carden. (Evans, G) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
96

REPLY Brief filed by Plaintiff Dana Carden re: 94 Response (other) IN SUPPORT OF MOTION TO STAY filed by Dana Carden. (Evans, G) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
97

MOTION to Strike 96 Reply Brief by The Town of Harpersville. (Cook, Gregory) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
98

ORDER denying 97 Motion to Strike; granting 93 motion to Stay; the court will stay its consideration of motion to strike until after the state-court hearing on 6/19/2017; pla shall inform the court of the proceedings and respond to the merits of the motion to strike 89 by 6/26/2017; dfts may reply by 6/30/2017. Signed by Judge R David Proctor on 5/31/2017. (KAM, ) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Hepatitis C

Key Dates

Filing Date: Aug. 14, 2015

Closing Date: May 18, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who have been assigned by the Harpersville Municipal Court to “probation” with Judicial Correction Services (JCS) for the collection of fines. All individuals who, despite their indigency, were incarcerated without consideration of their indigency for failure to pay fines, charges and fees to Harpersville.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Town of Harpersville (Harpersville, Shelby), City

Judicial Corrections Services (Cumming), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Excessive bail/fines

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Issues

General:

Courts

Fines/Fees/Bail/Bond

Over/Unlawful Detention