Case: De La Fuente v. Kemp

1:16-cv-02937-MHC

1:16-cv-02937-MHC

1:16-cv-02937-MHC

COMPLAINT for Mandamus, Injunctive, & Declaratory Relief filed by Roque "Rocky" De La Fuente. (Filing fee $ 400 receipt number 113E-6627025). (Attachments: # 1 Civil Cover Sheet)(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/12/2016)

1 Civil Cover Sheet

View on PACER

STANDING ORDER regarding civil litigation. Signed by Judge Mark H. Cohen on 8/12/16. (jpa) (Entered: 08/12/2016)

Electronic Summons Issued as to Brian P. Kemp. (jpa) (Entered: 08/12/2016)

ORDER directing Plaintiff to comply with O.C.G.A. § 9-4-7 before any hearing is to be held, and to notify the Court when service upon the Attorney General of Georgia is complete. Signed by Judge Mark H. Cohen on 8/12/16. (ddm) (Entered: 08/12/2016)

Submission to District Judge

Submission of 1 Complaint for Mandamus, Injunctive, and Declaratory Relief submitted to District Judge Mark H. Cohen. (jpa)

APPLICATION for Admission of Paul Anthony Rossi Pro Hac Vice (Application fee $ 150, receipt number 113E-6630034)by Roque De La Fuente. (Sells, Bryan) (Entered: 08/15/2016)

Certificate of Interested Persons by Roque De La Fuente. (Sells, Bryan) (Entered: 08/15/2016)

NOTICE by Roque De La Fuente re 4 Order of Service Upon the Attorney General of Georgia (Sells, Bryan) (Entered: 08/15/2016)

ORDER: if Plaintiff indeed seeks "emergency" relief from this Court, he shall comply with the local rules of the Court and file an appropriate motion with supporting authorities and serve such motion upon Defendant with a copy of this Order.' If such a motion is filed, the Court will determine the appropriate response time for Defendant and whether any hearing on the motion is necessary. Otherwise, any motions that are filed will be considered in accordance with the local rules of this Court. All other motions must be filed WITHIN THIRTY (30) DAYS after the beginning of discovery unless the filing party has obtained prior permission of the court to file later. Signed by Judge Mark H. Cohen on 8/16/16. (jpa) (Entered: 08/16/2016)

Emergency MOTION for Preliminary Injunction, Emergency MOTION for Writ of Mandamus with Brief In Support by Roque De La Fuente. (Attachments: # 1 Brief, # 2 Affidavit of Roque de la Fuente, # 3 Text of Proposed Order)(Sells, Bryan) (Entered: 08/17/2016)

ORDER that the Defendant shall file a response to Plaintiff's 9 Emergency MOTION for Preliminary Injunction and for Writ of Mandamus on or before August 23, 2016. The Clerk is DIRECTED to transmit a copy of this Order by electronic mail to the Attorney General of Georgia at the following address: rwillard@law.ga.gov. Signed by Judge Mark H. Cohen on 8/17/16. (jpa) (Entered: 08/17/2016)

Submission to District Judge

Submission of 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Writ of Mandamus, submitted to District Judge Mark H. Cohen. (jpa)

Clerks Notation for LOA/CIP

Clerks Notation re 6 Certificate of Interested Persons reviewed by MHC. (jgs)

Remark

Attorney General of Georgia electronically served the 10 Order via email. (jpa)

ORDER Setting Hearing on 9 Emergency MOTION for Preliminary Injunction and for Writ of Mandamus. Motion Hearing set for 8/25/2016 at 02:00 PM in ATLA Courtroom 1707 before Judge Mark H. Cohen. IT IS FURTHER ORDERED that any reply brief to Defendant's response to Plaintiff's motion shall be filed by Plaintiff no later than 9:00 A.M. on Friday, August 25, 2016. Signed by Judge Mark H. Cohen on 8/22/16. (jpa) (Entered: 08/22/2016)

Return of Service Executed by Roque De La Fuente. Brian P. Kemp served on 8/15/2016, answer due 9/6/2016. (Sells, Bryan) (Entered: 08/22/2016)

AFFIDAVIT of Service for Complaint and other documents, as to Sam Olens, Attorney General of the State of Georgia. (Sells, Bryan) (Entered: 08/22/2016)

AFFIDAVIT of Service for motion for emergency relief and related documents, as to Brian Kemp. (Sells, Bryan) (Entered: 08/22/2016)

AMENDED ORDER re 11 Order correcting the date of the emergency mandamus and preliminary injunction hearing to Friday, August 26, 2016. Defendant's response to Plaintiff's motion shall be filed by Plaintiff no later than 9:00 AM on Friday, August 26, 2016. Signed by Judge Mark H. Cohen on 8/22/16. (jgs) (Entered: 08/22/2016)

RESPONSE in Opposition re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Writ of Mandamus filed by Brian P. Kemp. (Attachments: # 1 Affidavit Chris Harvey, # 2 Affidavit Michael Barnes)(Heidt, Josiah) (Entered: 08/23/2016)

NOTICE of Appearance by Josiah Benjamin Heidt on behalf of Brian P. Kemp (Heidt, Josiah) (Entered: 08/24/2016)

REPLY BRIEF re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Writ of Mandamus filed by Roque De La Fuente. (Attachments: # 1 Affidavit of Roque "Rocky" De La Fuente)(Sells, Bryan) (Entered: 08/26/2016)

Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing held on 8/26/2016 re 9 Emergency MOTION for Preliminary Injunction. The Court heard arguments from counsel. The Defendants were instructed to efile a document to supplement their argument. The Court will issue a order ruling on the motions by the end of next week. (Court Reporter Judith Wolff) (jtj) (Entered: 08/26/2016)

NOTICE Of Filing by Brian P. Kemp re 16 Response in Opposition to Motion, (Attachments: # 1 Affidavit Chris Harvey (Second))(Heidt, Josiah) (Entered: 08/26/2016)

ORDER denying 9 Motion for Preliminary Injunction; denying 9 Motion for Writ of Mandamus. Signed by Judge Mark H. Cohen on 8/30/16. (jpa) (Entered: 08/30/2016)

Return of Application for Admission Pro Hac Vice

RETURN of 5 APPLICATION for Admission of Paul Anthony Rossi Pro Hac Vice (Application fee $ 150, receipt number 113E-6630034) to attorney for correction re: local counsel. (pb)

NOTICE OF APPEAL as to 21 Order on Motion for Preliminary Injunction, Order on Motion for Writ of Mandamus by Roque De La Fuente. Filing fee $ 505, receipt number 113E-6675232. Transcript Order Form due on 9/16/2016 (Sells, Bryan) (Entered: 09/02/2016)

NOTICE Of Filing of NOA Transmittal Letter re: 22 Notice of Appeal. (pjm) (Entered: 09/06/2016)

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: 22 Notice of Appeal. (pjm) (Entered: 09/06/2016)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Brian P. Kemp. (Attachments: # 1 Brief)(Heidt, Josiah) (Entered: 09/06/2016)

MOTION to Stay by Brian P. Kemp. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) (Entered: 09/06/2016)

USCA Acknowledgment of 22 Notice of Appeal filed by Roque De La Fuente. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-G. (pjm) (Entered: 09/13/2016)

TRANSCRIPT of Proceedings held on 8/26/16 (Prelim Inj Hrg), before Judge Mark H. Cohen. Court Reporter/Transcriber Judith M. Wolff, Telephone number 404-215-1317. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/12/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/20/2016. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 09/21/2016)

TRANSCRIPT ORDER FORM for proceedings held on 08/26/2016 (Motion Hrg) before Judge Mark Cohen, re: 22 Notice of Appeal. Court Reporter: Judith Wolff. Financial Arrangements due 10/11/16. (Sells, Bryan) Modified on 9/27/2016 to update text (pjm). (Entered: 09/26/2016)

Set Deadline re: 22 Notice of Appeal: Financial Arrangements due on 10/11/2016. (pjm)

Set/Reset Appeal Deadlines

Submission of 26 MOTION to Stay, 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to District Judge Mark H. Cohen. (jpa)

Submission to District Judge

ORDER granting 26 Motion to Stay and the parties are relieved from their discovery obligations under Rules 16 and 26 of the Federal Rules of Civil Procedure and the Local Rules of this Court until this Court issues its Order on Defendant's motion to dismiss. Signed by Judge Mark H. Cohen on 10/4/16. (jpa) (Entered: 10/04/2016)

MOTION for Extension of Time to File a Response re: 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Roque De La Fuente. (Sells, Bryan) (Entered: 10/05/2016)

RESPONSE in Opposition re 31 MOTION for Extension of Time to File a Response re: 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian P. Kemp. (Heidt, Josiah) (Entered: 10/06/2016)

Certified copy of USCA ORDER: Appellants Emergency/Time Sensitive Motion for an Injunction Pending Appeal is DENIED. The Clerk is directed to treat any Motion for Reconsideration of this order as a non-emergency matter re: 22 Notice of Appeal filed by Roque De La Fuente. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-G. (pjm) (Entered: 10/07/2016)

Court Reporter Acknowledgment re: 29 Transcript Order Form, filed by Roque De La Fuente. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-G. Transcript is required. Court Reporter: Judith Wolff. Satisfactory financial arrangements completed and transcript is already on file. (pjm) (Entered: 10/18/2016)

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 22 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-GG. The entire record on appeal is available electronically. (pjm)

Appeal Record Certified

Submission of 31 MOTION for Extension of Time to File a Response re: 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to District Judge Mark H. Cohen. (jpa)

Submission to District Judge

ORDER denying 31 Motion for Extension of Time. It is further ORDERED that Plaintiff shall file his response to Defendant's Motion to Dismiss within fourteen (14) days of the date of this Order, and Defendant shall file any reply brief no later than fourteen days after Plaintiffs response is filed.Signed by Judge Mark H. Cohen on 10/28/16. (jpa) (Entered: 10/28/2016)

NOTICE Of Filing by Brian P. Kemp Georgia Supreme Court Opinion (Attachments: # 1 Georgia Supreme Court Opinion)(Heidt, Josiah) (Entered: 11/03/2016)

RESPONSE re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Roque De La Fuente. (Sells, Bryan) (Entered: 11/14/2016)

REPLY BRIEF re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian P. Kemp. (Heidt, Josiah) (Entered: 12/01/2016)

Submission of 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to District Judge Mark H. Cohen. (jpa)

Submission to District Judge

Petition for Leave of Absence for the following date(s): 12/15/2016,12/16/2016,12/17/2016,12/18/2016,12/19/2016,12/20/2016,12/21/2016,12/22/2016, 12/23/2016, by Bryan Ludington Sells. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 12/13/2016)

USCA Opinion received (AFFIRMED IN PART, DISMISSED IN PART) re: 22 Notice of Appeal filed by Roque De La Fuente. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-GG. (pjm) (Entered: 02/15/2017)

ORDER granting 25 Motion to Dismiss for Failure to State a Claim. It is further ORDERED that Plaintiff's Complaint [Doc. 1] is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that Plaintiff shall have fourteen (14) days from the date of this Order in which to seek leave from this Court under Rule 15(a)(2) of the Federal Rules of Civil Procedure to file an Amended Complaint in this case. If Plaintiff elects to file such a motion, he shall attach a copy of the proposed Amended Complaint to that motion. If no such motion is filed within the time prescribed by this Order, Plaintiff's Complaint shall be DISMISSED WITH PREJUDICE. Signed by Judge Mark H. Cohen on 3/17/17. (jpa) (Entered: 03/17/2017)

Copy of JUDGMENT of USCA AFFIRMING IN PART, DISMISSING IN PART the decision of the District Court re: 22 Notice of Appeal filed by Roque De La Fuente Case Appealed to USCA Case Number 16-15880-GG. (jpa) (Entered: 03/20/2017)

First MOTION to Amend 1 Complaint for Mandamus Relief, with Brief In Support by Roque De La Fuente. (Attachments: # 1 Brief, # 2 Exhibit proposed first amended complaint)(Sells, Bryan) (Entered: 03/31/2017)

RESPONSE in Opposition re 43 First MOTION to Amend 1 Complaint for Mandamus Relief, filed by Brian P. Kemp. (Heidt, Josiah) (Entered: 04/14/2017)

REPLY to Response to Motion re 43 First MOTION to Amend 1 Complaint for Mandamus Relief, filed by Roque De La Fuente. (Attachments: # 1 Exhibit 1 - appellant's reply brief, # 2 Exhibit 2 - trial brief, # 3 Exhibit 3 - appellant's brief)(Sells, Bryan) (Entered: 04/28/2017)

Submission to District Judge

Submission of 43 First MOTION to Amend 1 Complaint for Mandamus Relief, submitted to District Judge Mark H. Cohen. (jpa)

MOTION for Leave to File Surreplyin Opposition to Plaintiff's Motion to Amend Complaint by Brian P. Kemp. (Attachments: # 1 Exhibit Surreply Brief)(Heidt, Josiah) (Entered: 05/08/2017)

RESPONSE in Opposition re 46 MOTION for Leave to File Surreplyin Opposition to Plaintiff's Motion to Amend Complaint filed by Roque De La Fuente. (Sells, Bryan) (Entered: 05/22/2017)

Submission to District Judge

Submission of 46 MOTION for Leave to File Surreplyin Opposition to Plaintiff's Motion to Amend Complaint, submitted to District Judge Mark H. Cohen. (jpa)

ORDER DENYING Plaintiff's 43 Motion to Amend and GRANTING 46 Motion for Leave to File Surreply. The Clerk is DIRECTED to close this case. Signed by Judge Mark H. Cohen on 10/13/17. (bnw) (Entered: 10/13/2017)

CLERK'S JUDGMENT in favor of Defendant against Plaintiff. This action is DISMISSED WITHOUT PREJUDICE. (bnw)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 10/13/2017)

Terminated Case

Civil Case Terminated. (bnw)