Case: Coleman v. Brookside

Coleman v. The Town of Brookside

Tessa Bialek

U.S. Department of Justice

Institute for Justice

COMPLAINT against All Defendants filed by Brandon Jones, Alexis Thomas, Brittany Coleman, Chekeithia Grant.(DNW) (Entered: 04/04/2022)

Filing Fee - Pay.gov

NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL: You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. (DNW) (Entered: 04/04/2022)

Filing Fee: Filing fee $ 402, receipt_number AALNDC-4052809 (B4601119412). related document 1 COMPLAINT against All Defendants filed by Brandon Jones, Alexis Thomas, Brittany Coleman, Chekeithia Grant.(DNW). (Dawson, William) Modified on 4/5/2022 (DNW, ).

MOTION for Limited Admission of Samuel Gedge by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Dawson, William) (Entered: 04/08/2022)

MOTION for Limited Admission of Jaba Tsitsuashvili by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Dawson, William) (Entered: 04/08/2022)

MOTION for Limited Admission of Suranjan Sen by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Dawson, William) (Entered: 04/08/2022)

MOTION for Limited Admission of William Maurer by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Dawson, William) (Entered: 04/08/2022)

PHV Fee Paid

PHV Fee paid: $ 75, receipt number AALNDC-4057490 (B4601119553). (Dawson, William) Modified on 4/11/2022 (DNW, ).

PHV Fee paid: $ 75, receipt number AALNDC-4057505 (B4601119550). (Dawson, William) Modified on 4/11/2022 (DNW, ).

PHV Fee paid: $ 75, receipt number AALNDC-4057509 (B4601119552). (Dawson, William) Modified on 4/11/2022 (DNW, ).

PHV Fee paid: $ 75, receipt number AALNDC-4057511 (B4601119551). (Dawson, William) Modified on 4/11/2022 (DNW, ).

TEXT ORDER granting 3 Motion for Admission Pro Hac Vice for Attorney Samuel B. Gedge. Signed by Magistrate Judge Nicholas A Danella on April 11, 2022. (MEB2) (Entered: 04/11/2022)

TEXT ORDER granting 4 Motion for Admission Pro Hac Vice for Attorney Jaba Tsitsuashvili. Signed by Magistrate Judge Nicholas A Danella on April 11, 2022. (MEB2) (Entered: 04/11/2022)

TEXT ORDER granting 5 Motion for Admission Pro Hac Vice for Attorney Suranjan M. Sen. Signed by Magistrate Judge Nicholas A Danella on April 11, 2022. (MEB2) (Entered: 04/11/2022)

TEXT ORDER granting 6 Motion for Admission Pro Hac Vice for Attorney William R. Maurer. Signed by Magistrate Judge Nicholas A Danella on April 11, 2022. (MEB2) (Entered: 04/11/2022)

NOTICE of Appearance by William M Dawson on behalf of All Plaintiffs (Dawson, William) (Entered: 04/21/2022)

NOTICE of Appearance by Samuel B. Gedge on behalf of All Plaintiffs (Gedge, Samuel) (Entered: 04/21/2022)

NOTICE of Appearance by Jaba Tsitsuashvili on behalf of All Plaintiffs (Tsitsuashvili, Jaba) (Entered: 04/21/2022)

NOTICE of Appearance by Suranjan Michael Sen on behalf of All Plaintiffs (Sen, Suranjan) (Entered: 04/21/2022)

NOTICE of Appearance by William R. Maurer on behalf of All Plaintiffs (Maurer, William) (Entered: 04/21/2022)

Summons Issued as to Jett's Towing, Inc., Marcus Sellers, The Town of Brookside, Alabama. Returned to plaintiff for service. (DNW) (Entered: 04/22/2022)

SUMMONS Returned Executed by Brittany Coleman, Brandon Jones, Alexis Thomas, Chekeithia Grant. Jett's Towing, Inc. served on 4/22/2022, answer due 5/13/2022. (Dawson, William) (Entered: 04/27/2022)

SUMMONS Returned Executed by Brittany Coleman, Brandon Jones, Alexis Thomas, Chekeithia Grant. The Town of Brookside, Alabama served on 4/22/2022, answer due 5/13/2022. (Dawson, William) (Entered: 04/27/2022)

SUMMONS Returned Executed by Brittany Coleman, Brandon Jones, Alexis Thomas, Chekeithia Grant. Marcus Sellers served on 4/28/2022, answer due 5/19/2022. (Dawson, William) (Entered: 04/29/2022)

MOTION to Dismiss by Jett's Towing, Inc.. (Tidwell, Jay) (Entered: 05/13/2022)

MOTION to Dismiss by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 05/13/2022)

MOTION to Dismiss Grant and Thomas on Statute of Limitations Grounds by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 05/13/2022)

NOTICE of Appearance by Thomas S Hale on behalf of Marcus Sellers (Hale, Thomas) (Entered: 05/18/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss, 22 MOTION to Dismiss Grant and Thomas on Statute of Limitations Grounds, 21 MOTION to Dismiss, Unopposed MOTION for Extension of Time to Amend 1 Complaint by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Tsitsuashvili, Jaba) (Entered: 05/19/2022)

Case Reassigned to Judge R David Proctor. Magistrate Judge Nicholas A Danella no longer assigned to the case. Please use case number 2:22-cv-00423-RDP on all subsequent pleadings (DNW) (Entered: 05/19/2022)

INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 5/19/2022. (KAM) (Entered: 05/19/2022)

TEXT ORDER Before the court is Plaintiffs Unopposed Motion for Extension of Time 24 . The Motion 24 is GRANTED. On or before June 17, 2022, Plaintiffs SHALL either separately respond to the three motions to dismiss or file an amended complaint. Plaintiffs are ADVISED to consider the viability of their putative class action complaint's request to certify a Rule 23(b)(3) damages class, particularly in light of Wal-Mart Stores, Inc. v. Dukes, 546 U.S. 338 (2011), and its progeny. Plaintiffs are FURTHER ADVISED to consider the effect of an earlier filed putative class action, Thomas v. Town of Brookside, 2:22-cv-157-AMM (N.D. Ala. 2022). Signed by Judge R David Proctor on 5/23/2022. (KAM) (Entered: 05/23/2022)

PHV Fee Paid

MOTION for Limited Admission of Victoria Clark by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Dawson, William) (Entered: 05/23/2022)

PHV Fee paid: $ 75, receipt number AALNDC-4091967. (Dawson, William) NDAL rec# B4601120406 Modified on 6/10/2022 (KAM).

TEXT ORDER - Before the court is Victoria Clarks Motion to Appear Pro Hac Vice 28 . The Motion 28 is GRANTED. Signed by Judge R David Proctor on 5/24/2022. (KAM) (Entered: 05/24/2022)

MOTION to Stay by The Town of Brookside, Alabama. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kinney, Richard) (Entered: 06/15/2022)

ORDER This case is before the court on the parties Joint Motion to Temporarily Stay Discovery Obligations 30 ; The court hereby GRANTS the Motion; The parties' discovery obligations pursuant to Fed. R. Civ. P. 16 and 26 and the courts Initial Order e temporarily STAYED until the court rules on Defendants motions to dismiss; If one or more Defendants answer Plaintiffs amended complaint (rather than move to dismiss it), the parties SHALL hold their Rule 26(f) conference no later than ten (10) days after the filing of the answer(s). Signed by Judge R David Proctor on 6/15/2022. (KAM) (Entered: 06/15/2022)

AMENDED COMPLAINT against All Defendants, filed by Brittany Coleman, Brandon Jones, Alexis Thomas, Chekeithia Grant.(Tsitsuashvili, Jaba) (Entered: 06/17/2022)

TEXT ORDER Before the court are Defendants Motions to Dismiss 20, 21, 22 . Plaintiffs have since filed an Amended Complaint 32 . Because the Motions at issue are no longer directed to the operative complaint, those Motions 20, 21, 22 are ADMINISTRATIVELY TERMINATED. Plaintiffs SHALL timely respond to the Amended Complaint 32 . Signed by Judge R David Proctor on 6/21/2022. (KAM) (Entered: 06/21/2022)

NOTICE of Appearance by Thomas S Hale on behalf of Maresha Moses (Hale, Thomas) (Entered: 06/29/2022)

NOTICE of Appearance by Thomas S Hale on behalf of Anthony Ragsdale (Hale, Thomas) (Entered: 06/29/2022)

NOTICE by Maresha Moses (OF ACCEPTANCE OF SERVICE) (Hale, Thomas) (Entered: 06/29/2022)

Unopposed MOTION for Extension of Time (FOR FILING MOTION OR RESPONSIVE PLEADING) by Maresha Moses, Anthony Ragsdale, Marcus Sellers. (Hale, Thomas) (Entered: 06/29/2022)

TEXT ORDER Before the court is Defendants Sellers, Moses, and Ragsdales Unopposed Motion for Extension of Time 37 . The Motion 37 is GRANTED. Defendants Sellers, Moses, and Ragsdale SHALL respond to the amended complaint on or before July 22, 2022. Signed by Judge R David Proctor on 6/29/2022. (KAM) (Entered: 06/29/2022)

MOTION to Dismiss First Amended Complaint by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 07/01/2022)

TEXT ORDER Before the court is Defendant Town of Brooksides Motion to Dismiss 39 . The parties are REMINDED to brief the motion in accordance with Exhibit B to the courts Initial Order 26 . Signed by Judge R David Proctor on 7/5/2022. (KAM) (Entered: 07/05/2022)

NOTICE by Anthony Ragsdale (OF ACCEPTANCE OF SERVICE) (Hale, Thomas) (Entered: 07/05/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss First Amended Complaint and officers' expected motion(s) to dismiss Coleman by Brittany Coleman, Chekeithia Grant, Brandon Jones. (Attachments: # 1 Text of Proposed Order)(Tsitsuashvili, Jaba) (Entered: 07/05/2022)

First MOTION to Dismiss by Jett's Towing, Inc.. (Tidwell, Jay) (Entered: 07/06/2022)

TEXT ORDER Before the court is Plaintiffs Unopposed Motion for Extension of Time 42 . The Motion 42 is GRANTED. Plaintiffs SHALL respond to Defendant Town of Brooksides motion on or before July 25, 2022. If Defendant officers file a motion to dismiss, then Plaintiffs SHALL respond to the officers motion on or before August 15, 2022. Signed by Judge R David Proctor on 7/6/2022. (KAM) (Entered: 07/06/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 43 First MOTION to Dismiss by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order proposed order)(Tsitsuashvili, Jaba) (Entered: 07/07/2022)

TEXT ORDER Before the court is Plaintiffs Unopposed Motion for Extension of Time 45 . The Motion 45 is GRANTED. Plaintiffs SHALL respond to Defendant Jetts Towings Motion to Dismiss 43 on or before July 25, 2022. Signed by Judge R David Proctor on 7/7/2022. (KAM) (Entered: 07/07/2022)

Summons Issued as to Maresha Moses, Anthony Ragsdale delivered to plaintiff (KAM) (Entered: 07/12/2022)

MOTION to Reassign Case by Brittany Coleman, Chekeithia Grant, Brandon Jones. (Attachments: # 1 Text of Proposed Order)(Tsitsuashvili, Jaba) (Entered: 07/15/2022)

Evidentiary Material re: 32 Amended Complaint . (Attachments: # 1 Exhibit A Brittany Coleman Ragsdale & Sellers Axon_Body_3_Video_2020-04-04_1225 and BRITTANY COLEMAN - M. MOSES Axon_Body_3_Video_2020-04-04_1232))(Hale, Thomas) (Entered: 07/21/2022)

RESPONSE in Opposition re 48 MOTION to Reassign Case filed by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 07/22/2022)

Evidentiary Material re: 49 Evidentiary Material, 32 Amended Complaint (SUPPLEMENTAL). (Attachments: # 1 Exhibit A - Brittany Coleman Ragsdale & Sellers Axon_Body_3_Video_2020-04-04_1225, # 2 Exhibit B - Anthony Ragsdales Declaration of the Accuracy, Truth and Validity of the BWC Video, # 3 Exhibit C - BRITTANY COLEMAN - M. MOSES Axon_Body_3_Video_2020-04-04_1232, # 4 Exhibit D - Mareshah Moses Declaration of the Accuracy, Truth and Validity of the BWC Video)(Hale, Thomas) (Entered: 07/22/2022)

MOTION for Summary Judgment by Maresha Moses, Anthony Ragsdale, Marcus Sellers. (Hale, Thomas) (Entered: 07/22/2022)

Brief re 49 Evidentiary Material, 52 MOTION for Summary Judgment, 51 Evidentiary Material,, (SUMMARY JUDGMENT). (Hale, Thomas) (Entered: 07/22/2022)

RESPONSE in Opposition re 39 MOTION to Dismiss First Amended Complaint filed by Brittany Coleman, Chekeithia Grant, Brandon Jones. (Tsitsuashvili, Jaba) (Entered: 07/25/2022)

RESPONSE in Opposition re 43 First MOTION to Dismiss filed by Brittany Coleman, Chekeithia Grant, Brandon Jones. (Tsitsuashvili, Jaba) (Entered: 07/25/2022)

Brief Statement of Interest of the United States filed by UNITED STATES OF AMERICA. (Ward, Carla) (Entered: 07/26/2022)

REPLY Brief filed by Plaintiffs Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas re: 48 MOTION to Reassign Case filed by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Tsitsuashvili, Jaba) (Entered: 07/27/2022)

NOTICE of Appearance by James W Porter, II on behalf of The Town of Brookside, Alabama (Porter, James) (Entered: 08/01/2022)

REPLY Brief filed by Defendant The Town of Brookside, Alabama re: 39 MOTION to Dismiss First Amended Complaint, 54 Response in Opposition to Motion filed by The Town of Brookside, Alabama. (Kinney, Richard) (Entered: 08/04/2022)

Evidentiary Material re: 52 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Declaration of Brittany Coleman)(Tsitsuashvili, Jaba) (Entered: 08/12/2022)

RESPONSE in Opposition re 52 MOTION for Summary Judgment filed by Brittany Coleman. (Tsitsuashvili, Jaba) (Entered: 08/12/2022)

NOTICE of Appearance by Katherine Chamblee-Ryan on behalf of United States of America (Chamblee-Ryan, Katherine) (Entered: 08/12/2022)

MEMORANDUM OPINION. Signed by Judge R David Proctor on 9/22/2022. (KAM) (Entered: 09/22/2022)

ORDER for the reasons explained in the corresponding Memorandum Opinion, 48 Plaintiffs' Motion to Reassign Case is ADMINISTRATIVELY TERMINATED. Signed by Judge R David Proctor on 9/22/2022. (KAM) (Entered: 09/22/2022)

NOTICE by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas re Filing Motion for Case Reassignment (Attachments: # 1 Exhibit Motion for Case Reassignment)(Tsitsuashvili, Jaba) (Entered: 10/03/2022)

MEMORANDUM OPINION. Signed by Judge R David Proctor on 10/28/2022. (KAM) (Entered: 10/28/2022)

ORDER for the reasons explained in the corresponding Memorandum Opinion, 52 Motion for Summary Judgment filed by Defendants Marcus Sellers, Mareshah Moses and Anthony Ragsdale is DENIED. Signed by Judge R David Proctor on 10/28/2022. (KAM) (Entered: 10/28/2022)

MOTION for Extension of Time to File Answer by Maresha Moses, Anthony Ragsdale, Marcus Sellers. (Hale, Thomas) (Entered: 12/02/2022)

TEXT ORDER - This matter is before the court on the Unopposed Motion to Extend Time to File an Answer 68 by Defendants Marcus Sellers, Mareshah Moses, and Anthony Ragsdale. The Motion 68 is GRANTED. Defendants Marcus Sellers, Mareshah Moses, and Anthony Ragsdale SHALL respond to the Complaint 32 by December 15, 2022. Signed by Judge R David Proctor on 12/05/2022. (KAM) (Entered: 12/05/2022)

NOTICE OF REASSIGNMENT-The above-styled civil action has been reassigned to the Honorable Anna M. Manasco. Please use case number 2:22 CV 423 AMM on all subsequent pleadings. (AKD) (Entered: 12/07/2022)

ORDER-This case is one of three putative class actions pending against the Town of Brookside, Alabama (the Town). The other putative class actions are Thomas v. Town of Brookside et al., Case No. 2:22-cv-157-AMM, and Wattson v. Town of Brookside, Case No. 2:21-cv-649-AMM. A fourth case asserting similar but non-class claims against the Town, Harris v. Town of Brookside et al., Case No. 2:21-cv-1341-AMM, also is assigned to the undersigned.The parties in all four cases are ORDERED to meet and confer and submit a joint status report stating their views regarding consolidation of all four above-named cases within fourteen days. A status conference is SET for JANUARY 5, 2023, at 9:00 a.m., in Courtroom 5B, Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge Anna M Manasco on 12/07/2022. (AKD) (Entered: 12/07/2022)

ANSWER to 32 Amended Complaint by Maresha Moses.(Hale, Thomas) (Entered: 12/14/2022)

ANSWER to 32 Amended Complaint by Anthony Ragsdale.(Hale, Thomas) (Entered: 12/14/2022)

ANSWER to 32 Amended Complaint by Marcus Sellers.(Hale, Thomas) (Entered: 12/14/2022)

STATUS REPORT by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. filed by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas (Tsitsuashvili, Jaba) (Entered: 12/21/2022)

Status Conference

Minute Entry for proceedings held before Judge Anna M Manasco: Status Conference held on 1/5/2023. (Court Reporter Teresa Roberson.) (FNC)

Joint MOTION Partially Lift Stay of Discovery (as to individual defendants in Coleman) by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Tsitsuashvili, Jaba) (Entered: 01/10/2023)

TEXT ORDER. The court grants 76, partially lifting the stay in the Coleman case only. The parties shall conduct limited discovery as to Count 5 of the complaint. Signed by Judge Anna M Manasco on 1/11/2023. (FNC) (Entered: 01/11/2023)

REPORT of Rule 26(f) Planning Meeting. (Tsitsuashvili, Jaba) (Entered: 02/13/2023)

SCHEDULING ORDER. This order relates only to Count 5 of the complaint. Certain deadlines and time limits apply, as set out herein. Discovery due by 11/13/2023; Dispositive Motions due by 12/28/2023; Joint Status Report due by 10/30/2023; Status Conference set for 11/6/2023 at 11:00 AM by Zoom, before Judge Anna M Manasco. The court will provide the zoom information to the parties by separate email. This case should be trial ready by June 2024. Signed by Judge Anna M Manasco on 2/16/2023. (FNC) (Entered: 02/16/2023)

ORDER-For the foregoing reasons, the motions to dismiss 39, 43 are DENIED. Signed by Judge Anna M Manasco on 03/23/2023. (AKD) (Entered: 03/23/2023)

ANSWER to 32 Amended Complaint by Brookside, Alabama, The Town of.(Kinney, Richard) (Entered: 04/12/2023)

ANSWER to 32 Amended Complaint by Jett's Towing, Inc..(Tidwell, Jay) (Entered: 04/17/2023)

REPORT of Rule 26(f) Planning Meeting. (Tsitsuashvili, Jaba) (Entered: 04/27/2023)

TEXT ORDER. The court sets a Status Conference for 5/25/2023 at 10:00 AM by Zoom, before Judge Anna M Manasco. The court will provide the zoom information to the parties by separate email. Signed by Judge Anna M Manasco on 5/15/2023. (FNC) (Entered: 05/15/2023)

Minute Entry for proceedings held before Judge Anna M Manasco: Status Conference held on 5/25/2023. (FNC)

ORDER-Accordingly, the parties in this action and in Wattson and Thomas are ORDERED to meet and confer regarding coordinating pretrial proceedings and are DIRECTED to submit a joint proposed scheduling order within TWENTY-ONE (21) DAYS of the issuance of this order. Signed by Judge Anna M Manasco on 07/21/2023. (AKD) (Entered: 07/21/2023)

MOTION to Withdraw as Attorney Victoria Clark by Brittany Coleman, Chekeithia Grant, Brandon Jones, Alexis Thomas. (Attachments: # 1 Text of Proposed Order)(Clark, Victoria) (Entered: 07/27/2023)

TEXT ORDER. The court GRANTS 86 . Attorney Victoria Clark terminated. Signed by Judge Anna M Manasco on 7/28/2023. (FNC) (Entered: 07/28/2023)

REPORT of Rule 26(f) Planning Meeting. (Tsitsuashvili, Jaba) (Entered: 08/11/2023)