Case: King v. State of Georgia

1:21-cv-03082 | U.S. District Court for the Northern District of Georgia

Filed Date: June 22, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

A group of private plaintiffs, represented by the Southern Poverty Law Center (SPLC) and private counsel, filed this putative class action in Georgia state court on June 22, 2021. They alleged that delays in the State of Georgia’s unemployment benefits system during the COVID-19 pandemic violated Georgia state law, the Georgia state constitution, and the Fourteenth Amendment to the U.S. Constitution. The plaintiffs sought declaratory and injunctive relief as well as compensatory damages. Georgi…

A group of private plaintiffs, represented by the Southern Poverty Law Center (SPLC) and private counsel, filed this putative class action in Georgia state court on June 22, 2021. They alleged that delays in the State of Georgia’s unemployment benefits system during the COVID-19 pandemic violated Georgia state law, the Georgia state constitution, and the Fourteenth Amendment to the U.S. Constitution. The plaintiffs sought declaratory and injunctive relief as well as compensatory damages. Georgia removed the case to federal court on July 30, 2021, where it was initially assigned to Judge Charles A. Pannell, Jr. The case was then reassigned to Judge J.P. Boulee.

The court consolidated Leftwich v. Georgia with this case on January 26, 2022. 2022 WL 4009899. Georgia argued that King and Leftwich were identical: they involved the same facts, incidents, witnesses, questions of law, parties, and class certification demands. The Leftwich defendants did not oppose this motion, and the Leftwich court accordingly consolidated the two cases.

The plaintiffs here were all partially or totally unemployed between March 1, 2020 and January 4, 2022. They sought to represent three classes of similarly situated people. The “Prompt Determination” class referred to individuals who applied for unemployment benefits, did not receive a non-monetary determination within four weeks of applying, and are still awaiting such a determination. (A “non-monetary determination” informs a claimant whether benefits are allowed or denied.) The “Prompt Payment” class included individuals who applied for and received a determination that they were eligible for unemployment benefits but did not receive payment within four weeks of applying and were still awaiting payment. Finally, the “Prompt Appeal” class included individuals who received an initial determination that they were ineligible for unemployment benefits, timely appealed, did not receive an appellate hearing and determination within four weeks, and were still awaiting a hearing or determination.

The plaintiffs amended their complaint on January 4, 2022. This amended complaint omitted all prior requests for damages, added four additional private plaintiffs, and removed one of the original private plaintiffs. The amended complaint thus requested only declaratory and injunctive relief. Instead of an answer, Georgia filed a motion to dismiss the amended complaint on January 18, 2022. It argued that the plaintiffs’ claims were time barred and that Georgia had not waived sovereign immunity for this sort of claim. The motion to dismiss also alleged that the plaintiffs failed to properly plead their individual claims against the Commissioner of the Georgia Department of Labor. At the same time, Georgia moved to stay discovery pending the results of its motion to dismiss.

The plaintiffs responded with two motions on February 4, 2022: one requesting a preliminary injunction, and another that moved to certify the “Prompt Appeal” class. The requested preliminary injunction would have required Georgia to establish a plan to eliminate delays in the appeals process, provide appropriate notice to appellants, and ensure that appeals were heard and decided within 30 days after being received.

After a February 15, 2022, status conference, the court ordered the parties to attend mediation. If mediation failed, the court explained, the parties would need to address their major outstanding motions no later than March 22, 2022. This meant that the defendants would need to file responses to the motion for a preliminary injunction and motion to certify a class. Likewise, the plaintiffs would need to respond to the motion to dismiss and motion to stay discovery. After initial mediation efforts, the parties stated that they wanted to continue settlement discussions. The court accordingly stayed its established briefing deadlines “until further order of the Court” in an order published March 17, 2022. On June 14, 2022, the plaintiffs filed an unopposed motion to grant preliminary approval of a class settlement. The court preliminarily approved this settlement on June 30, 2022, and ordered notice to the class.

The Georgia Department of Labor filed an “emergency motion” to withdraw Georgia’s consent to preliminary approval of the class settlement on July 1, 2022. Georgia alleged that the proposed settlement required a joint public statement from the parties, but that the SPLC had made its own, individual public statement. The SPLC’s statement thus allegedly breached the agreement before it was final, warranting withdrawal. The court revived its suggestion that the parties attempt to solve the issue through mediation and ordered the parties to mediate the issues contained in Georgia’s emergency brief. The court stayed the deadlines previously set forth in its preliminary approval order pending the results of mediation.

Following mediation, the parties filed a “joint motion for clarification of the notice plan” on August 17, 2022, which the court granted on August 22, 2022. This motion retained the terms of the June 14 proposed settlement, reiterated the requirement that the parties make a joint press release, and revised the parties’ deadlines for providing notice to the class. The court granted the motion and ordered that class member objections be filed no later than September 19, 2022, as the parties agreed. The court then scheduled a final approval hearing for November 8, 2022.

As of January 11, 2023, the court has issued an interlocutory order that approved of the settlement agreement, but the court deferred a more formal approval of the settlement agreement until the defendants complied with the notice provisions found in the Class Action Fairness Act (CAFA). This case is ongoing.

Summary Authors

Hank Minor (11/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61028921/parties/king-v-state-of-georgia/


Judge(s)

Boulee, Jean-Paul (Georgia)

Attorney for Plaintiff

Anderson, Kirsten (Georgia)

Carter, Jason James (Georgia)

Gutman, Miriam Fisher (Georgia)

Leftwich, Shawn C. (Georgia)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1-1

1:21-cv-03082

Complaint for Declaratory and Injunctive Relief and Damages

Georgia state trial court

July 30, 2021

July 30, 2021

Complaint
20

Amended Complaint for Declaratory and Injunctive Relief

Jan. 4, 2022

Jan. 4, 2022

Complaint
43-1

Settlement Agreement

June 14, 2022

June 14, 2022

Settlement Agreement
53

1:21-cv-03082

Joint Request to Clarify Notice Plan and Proceed with Settlement

Aug. 17, 2022

Aug. 17, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61028921/king-v-state-of-georgia/

Last updated March 8, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL with CLASS ACTION COMPLAINT filed by Mark Butler, State of Georgia, Georgia Department of Labor. (Filing fee $ 402 receipt number AGANDC-11149049) (Attachments: # 1 Exhibit A Complaint, # 2 Exhibit B Superior Court Case Filing Information Form, # 3 Summons, # 4 Exhibit D Plaintiffs' Notice of Rule 30(B)(6) Deposition, # 5 Exhibit E Notice of Filing Acknowledgment of Service and Waiver of Process, # 6 Exhibit F Defendants' Answer and Defenses, # 7 Exhibit G Superior Court Notice of Removal, # 8 Civil Cover Sheet)(ayw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 8/2/2021 (adg). (Entered: 08/02/2021)

1 Exhibit A Complaint

View on Clearinghouse

2 Exhibit B Superior Court Case Filing Information Form

View on PACER

3 Summons

View on PACER

4 Exhibit D Plaintiffs' Notice of Rule 30(B)(6) Deposition

View on PACER

5 Exhibit E Notice of Filing Acknowledgment of Service and Waiver of Process

View on PACER

6 Exhibit F Defendants' Answer and Defenses

View on PACER

7 Exhibit G Superior Court Notice of Removal

View on PACER

8 Civil Cover Sheet

View on PACER

July 30, 2021

July 30, 2021

RECAP
2

ANSWER to Complaint re 1 NOTICE OF REMOVAL by State of Georgia, Georgia Department of Labor, and Mark Butler. Discovery ends on 12/27/2021. (Filed in State Court on 7/30/2021)(adg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/02/2021)

July 30, 2021

July 30, 2021

PACER
3

NOTICE of Appearance by Miles Christian Skedsvold on behalf of Mark Butler, Georgia Department of Labor, State of Georgia (Skedsvold, Miles) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
4

ORDER REASSIGNING CASE. Case reassigned to Judge J. P. Boulee for all further proceedings. Judge Charles A. Pannell, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-03082-JPB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Charles A. Pannell, Jr. on 8/5/2021. (tcc) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
5

NOTICE of Brief in Support of Motion for Judgment on the Pleadings by Mark Butler, Georgia Department of Labor, State of Georgia. (Skedsvold, Miles) Modified to edit event text on 8/6/2021 (ceo). (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
6

MOTION for Judgment on the Pleadings with Brief In Support RE: 4 Notice of Brief by Mark Butler, Georgia Department of Labor, State of Georgia. (Skedsvold, Miles) Modified on 8/10/2021 to add document link and edit text. (aaq). (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
7

MOTION to Stay Discovery and Mandatory Rule 16 and 26 Proceedings by Mark Butler, Georgia Department of Labor, State of Georgia. (Attachments: # 1 Text of Proposed Order on Defendants' Motion to Stay Discovery and Mandatory Rule 16 and 26 Proceedings)(Lewis, Kimberly) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
8

Consent MOTION for Extension of Time File a Response re: 7 MOTION to Stay Discovery and Mandatory Rule 16 and 26 Proceedings, 6 MOTION for Judgment on the Pleadings by Jane/John Doe 1-9, Danielle Johnson, Von King, Chelsea Shaw, Gereline Thompson. (Attachments: # 1 Text of Proposed Order)(Carter, Jason) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER

ORDER: For good cause shown, the 8 Consent Motion for Extension of Time is GRANTED. IT IS HEREBY ORDERED that Plaintiffs' deadline to respond to the pending motions is extended through and including August 24, 2021. Signed by Judge J. P. Boulee on 8/23/21. (bnw)

Aug. 23, 2021

Aug. 23, 2021

PACER

Order on Motion for Extension of Time

Aug. 23, 2021

Aug. 23, 2021

PACER
9

MOTION to Withdraw Miles Christian Skedsvold as Attorneyby Mark Butler, Georgia Department of Labor, State of Georgia. (Attachments: # 1 Text of Proposed Order)(Skedsvold, Miles) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
10

RESPONSE re 6 MOTION for Judgment on the Pleadings filed by Jane/John Doe 1-9, Danielle Johnson, Von King, Chelsea Shaw, Gereline Thompson. (Attachments: # 1 Exhibit A - Closing Argument of Respondents)(Carter, Jason) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
11

RESPONSE in Opposition re 7 MOTION to Stay Discovery and Mandatory Rule 16 and 26 Proceedings filed by Jane/John Doe 1-9, Danielle Johnson, Von King, Chelsea Shaw, Gereline Thompson. (Attachments: # 1 Exhibit A - Ferdinand Declaration)(Carter, Jason) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER

ORDER granting 9 Motion to Withdraw as Attorney. Attorney Miles Christian Skedsvold terminated. Signed by Judge J. P. Boulee on 8/30/21. (bnw)

Aug. 30, 2021

Aug. 30, 2021

PACER

Order on Motion to Withdraw as Attorney

Aug. 30, 2021

Aug. 30, 2021

PACER
12

REPLY BRIEF re 6 MOTION for Judgment on the Pleadings filed by Mark Butler, Georgia Department of Labor, State of Georgia. (Lewis, Kimberly) Modified on 9/8/2021 (ayw). (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
13

REPLY BRIEF re 7 MOTION to Stay Discovery and Mandatory Rule 16 and 26 Proceedings filed by Mark Butler, Georgia Department of Labor, State of Georgia. (Lewis, Kimberly) Modified on 9/8/2021 (ayw). (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER

Entered in Error Submission of 12 Response in Support of Motion, 13 Response in Support of Motion, to District Judge J. P. Boulee. (ayw) Modified on 9/8/2021 (ayw).

Sept. 8, 2021

Sept. 8, 2021

PACER

Submission of 6 MOTION for Judgment on the Pleadings, 7 MOTION to Stay Discovery and Mandatory Rule 16 and 26 Proceedings, to District Judge J. P. Boulee. (ayw)

Sept. 8, 2021

Sept. 8, 2021

PACER

Submission to District Judge

Sept. 8, 2021

Sept. 8, 2021

PACER
14

STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 9/22/21. (bnw) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
15

NOTICE of Appearance by Miriam Fisher Gutman on behalf of Jane/John Doe 1-9, Danielle Johnson, Von King, Chelsea Shaw, Gereline Thompson (Gutman, Miriam) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

PACER
16

NOTICE by Mark Butler, Georgia Department of Labor of Related Case (Stoff, Katherine) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
17

MOTION for Leave to File An Amended Complaint with Brief In Support by Jane/John Doe 1-9, Danielle Johnson, Von King, Chelsea Shaw, Gereline Thompson. (Attachments: # 1 Brief Memorandum in Support of Plaintiffs' Motion for Leave to File An Amended Complaint, # 2 Exhibit A - Amended Complaint, # 3 Exhibit B - Proposed Order)(Carter, Jason) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
18

RESPONSE re 17 MOTION for Leave to File An Amended Complaint filed by Mark Butler, Georgia Department of Labor, State of Georgia. (Stoff, Katherine) (Entered: 12/31/2021)

Dec. 31, 2021

Dec. 31, 2021

PACER
19

ORDER: Plaintiffs' Motion for Leave to File an Amended Complaint 17 is GRANTED. The Clerk is DIRECTED to docket Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief. In light of the amended pleading, Defendants' Motion for Judgment on the Pleadings 6 is DENIED as moot. As to the Motion to Stay, Defendants sought a stay of all deadlines until the dispositive motion was ruled upon. Because the dispositive motion was denied as moot, Defendants' Motion to Stay 7 is likewise DENIED as moot. The parties shall file their Joint Preliminary Report and Discovery Plan no later than January 18, 2022. Signed by Judge J. P. Boulee on 1/3/22. (ceo) (Entered: 01/04/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER
20

AMENDED COMPLAINT with Jury Demand against Mark Butler, Georgia Department of Labor, State of Georgia filed by Jane/John Doe 1-9, Von King, Danielle Johnson, Jacqueline Perkins, Arthur Williams, Joy Flowers, Susan Kolyno, Chelsey Shaw. (ceo) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
21

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins. (Carter, Jason) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
22

MOTION to Dismiss Plaintiffs' Amended Complaint in Lieu of Answer with Brief In Support by Mark Butler, Georgia Department of Labor, State of Georgia. (Attachments: # 1 Brief in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint in Lieu of Answer)(Lewis, Kimberly) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
23

MOTION to Stay (Renewed Motion to Stay Discovery) by Mark Butler, Georgia Department of Labor, State of Georgia. (Attachments: # 1 Text of Proposed Order on Defendants' Renewed Motion to Stay Discovery)(Lewis, Kimberly) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
24

SCHEDULING ORDER re: 21 Joint Preliminary Report and Discovery Plan. Signed by Judge J. P. Boulee on 1/23/2022. (cmd) (Entered: 01/24/2022)

Jan. 23, 2022

Jan. 23, 2022

PACER
25

ORDER consolidating civil action 1:21-cv-5063-MHC with No. 1:21-cv-3082-JPB. Signed by Judge Mark H. Cohen on 1/26/2022. (dob) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
26

Consent MOTION for Extension of Time File a Response re: 22 MOTION to Dismiss Plaintiffs' Amended Complaint in Lieu of Answer, 23 MOTION to Stay (Renewed Motion to Stay Discovery) with Brief In Support by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno. (Attachments: # 1 Text of Proposed Order)(Carter, Jason) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER

Order on Motion for Extension of Time

Feb. 1, 2022

Feb. 1, 2022

PACER
27

Initial Disclosures by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsey Shaw, Arthur Williams.(Carter, Jason) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
28

Initial Disclosures by Mark Butler, Georgia Department of Labor, State of Georgia.(Lewis, Kimberly) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER

ORDER: For good cause shown, the 26 Consent Motion for Extension of Time is GRANTED. IT IS HEREBY ORDERED that Plaintiffs deadline to respond to the pending motions is extended through and including February 1, 2022. Signed by Judge J. P. Boulee on 2/1/22. (bnw)

Feb. 1, 2022

Feb. 1, 2022

PACER
29

RESPONSE re 22 MOTION to Dismiss Plaintiffs' Amended Complaint in Lieu of Answer filed by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsea Shaw, Chelsey Shaw, Gereline Thompson, Arthur Williams. (Attachments: # 1 Exhibit A - Excerpts from Van Horn Deposition, # 2 Exhibit B - Closing Arguments of Respondents)(Carter, Jason) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
30

RESPONSE in Opposition re 23 MOTION to Stay (Renewed Motion to Stay Discovery) filed by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsea Shaw, Chelsey Shaw, Gereline Thompson, Arthur Williams. (Attachments: # 1 Exhibit A - Excerpts from Van Horn Deposition)(Carter, Jason) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
31

MOTION for Preliminary Injunction with Brief In Support by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsea Shaw, Chelsey Shaw, Gereline Thompson, Arthur Williams. (Attachments: # 1 Brief In Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit A to Brief - Excerpts from Van Horn Deposition, # 3 Exhibit B to Brief - Declaration of Von King, # 4 Exhibit C to Brief - Declaration of Jacqueline Perkins, # 5 Exhibit D to Brief - Declaration of Joy Flowers)(Carter, Jason) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
32

MOTION to Certify Class - The Prompt Appeal Class with Brief In Support by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsea Shaw, Chelsey Shaw, Gereline Thompson, Arthur Williams. (Attachments: # 1 Brief In Support of Plaintiffs' Motion for Certification of the Prompt Appeal Class, # 2 Exhibit A to Brief - Excerpts from Van Horn Deposition, # 3 Exhibit B to Brief - Declaration of Jason J. Carter)(Carter, Jason) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER

NOTICE OF VIDEO PROCEEDING : Status Conference set for 2/15/2022 at 02:30 PM before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1618623708 Meeting ID: 161 862 3708 Passcode: 081834 One tap mobile +16692545252 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnw)

Feb. 7, 2022

Feb. 7, 2022

PACER

Notice of Video/Telephone Proceeding

Feb. 7, 2022

Feb. 7, 2022

PACER
33

APPLICATION for Admission of Kirsten Anderson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11578706).by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsea Shaw, Chelsey Shaw, Gereline Thompson, Arthur Williams. (Gutman, Miriam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER

APPROVAL by Clerks Office re: 33 APPLICATION for Admission of Kirsten Anderson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11578706). Attorney Kirsten Anderson added appearing on behalf of Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsey Shaw, Arthur Williams (cdg)

Feb. 15, 2022

Feb. 15, 2022

PACER

Approval of Application for Admission Pro Hac Vice

Feb. 15, 2022

Feb. 15, 2022

PACER

ORDER (by docket entry only) granting 33 Application of Kirsten Anderson for Admission Pro Hac Vice. Ordered by Judge J. P. Boulee on 2/15/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step. (bgt)

Feb. 15, 2022

Feb. 15, 2022

PACER

Order on Application for Admission PHV

Feb. 15, 2022

Feb. 15, 2022

PACER

Clerk's Certificate of Mailing re 2/15/2022 Order (by docket entry only) as to Kirsten Anderson. (bgt)

Feb. 15, 2022

Feb. 15, 2022

PACER

Clerks Certificate of Mailing

Feb. 15, 2022

Feb. 15, 2022

PACER
34

Certification of Consent to Substitution of Counsel. Jamie B. Rush replacing attorney Emily Early. (Rush, Jamie) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER

Notice (Other)

Feb. 15, 2022

Feb. 15, 2022

PACER

NOTICE: Effective immediately, all communications related to cases assigned to Judge Boulee should be directed to 404-215-1410 or CRD_JPB@gand.uscourts.gov. (ane)

Feb. 15, 2022

Feb. 15, 2022

PACER

Order

Feb. 15, 2022

Feb. 15, 2022

PACER

DOCKET ENTRY ORDER: This matter came before the Court for a status conference. The parties are HEREBY ORDERED to attend mediation no later than March 15, 2022. The parties shall immediately report the results of the mediation to the Court. In the event mediation fails, Defendants shall file its responses to the Motion for Preliminary Injunction and Motion to Certify Class and its replies to their Motion to Dismiss and Motion to Stay no later than March 22, 2022. Plaintiffs' reply to their motions shall be filed no later than March 29, 2022. The preliminary injunction hearing will be scheduled for April 12, 2022. Ordered by Judge J. P. Boulee and entered at the direction of Chambers on 2/15/2022. (cmd)

Feb. 15, 2022

Feb. 15, 2022

PACER
35

(FILED IN ERROR; SEE 36 FOR CORRECTED ENTRY) Minute Entry for proceedings held before Judge Charles A. Pannell, Jr.: Status Conference held on 2/15/2022. (Court Reporter Penny Coudriet) (sap) (Entered: 02/16/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
36

Minute Entry for proceedings held before Judge J. P. Boulee: Status Conference held on 2/15/2022. (Court Reporter Penny Coudriet) (sap) (Entered: 02/18/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER

NOTICE of Hearing: A Preliminary Injunction Hearing is SCHEDULED for 4/12/2022 at 10:00 AM in ATLA Courtroom 1908 before Judge J. P. Boulee. (sap)

Feb. 16, 2022

Feb. 16, 2022

PACER

Notice of Hearing

Feb. 16, 2022

Feb. 16, 2022

PACER
37

STATUS REPORT by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsey Shaw, Arthur Williams. (Gutman, Miriam) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
38

ORDER: This matter is before the Court on the parties Mediation Report. 37 . In the report, the parties indicate that they would like to continue their settlement discussions. As a result, the parties ask that the preliminary injunction hearing currently scheduled for April 12, 2022, be converted into a status conference and that the established briefing deadlines be stayed until after the status conference. The parties request is GRANTED. IT IS HEREBY ORDERED that the hearing scheduled for April 12, 2022, is converted into a status conference. IT IS FURTHER ORDERED that briefing is STAYED until further order of the Court. Signed by Judge J. P. Boulee on 3/17/22. (ceo) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER

Set Deadlines/Hearings

March 17, 2022

March 17, 2022

PACER

Set Deadlines/Hearings: Status Conference set for 4/12/2022 at 10:00 AM in ATLA Courtroom 1908 before Judge J. P. Boulee. (ceo)

March 17, 2022

March 17, 2022

PACER
39

Minute Entry for proceedings held before Judge J. P. Boulee: Status Conference held on 4/12/2022. The Court held a Status Conference on 4/12/2022. The parties discussed outstanding matters and settlement potential with the Court. The Court established a deadline for the parties to file a motion for preliminary settlement approval within 45 days, to be filed no later than Tuesday, May 31, 2022. The Court granted parties' request for a hearing. Settlement hearing to be held on Monday, June 6, 2022 at 1:00 PM. Hearing concluded. See transcript for additional details. (Court Reporter Penny Coudriet)(abm) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
40

Joint MOTION for Extension of Time To File The Parties Joint Motion for Preliminary Approval of Class Settlement Agreement re: 39 Status Conference and MOTION to Continue June 6, 2022 Hearing with Brief In Support by Mark Butler, Georgia Department of Labor, State of Georgia. (Attachments: # 1 Text of Proposed Order)(Lewis, Kimberly) Modified on 5/27/2022 to update text (anc). (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER

Notice of Hearing

May 27, 2022

May 27, 2022

PACER

NOTICE of Hearing: Settlement Conference rescheduled for 6/30/2022 at 01:00 PM in ATLA Courtroom 1908 before Judge J. P. Boulee. (ceo)

May 27, 2022

May 27, 2022

PACER
41

ORDER that the 40 Motion requesting additional time to file Motion for Preliminary Settlement Approval is GRANTED. All other pending motions 22, 23, 31 and 32 are DENIED without prejudice with permission to refile in the event the settlement is not successful. The parties deadline to file their Motion for Preliminary Settlement Approval is extended through and including June 14, 2022. The June 6, 2022 hearing is continued to June 30, 2022, at 1:00 PM. Signed by Judge J. P. Boulee on 5/27/2022. (anc) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER

Clerks Certificate of Mailing

June 6, 2022

June 6, 2022

PACER

Clerk's Certificate of Mailing as to Shawn C. Leftwich re 41 Order on Motion to Dismiss, Order on Motion to Stay, Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Extension of Time, Order on Motion to Continue, 38 Order with Docket Sheet and NEFs regarding docket only entries. (dob) Modified on 6/7/2022 to add text (dob).

June 6, 2022

June 6, 2022

PACER
42

Letter from Shawn Leftwich re not receiving correspondence for this case (anc) (Entered: 06/10/2022)

June 8, 2022

June 8, 2022

PACER
43

Unopposed MOTION to Grant Preliminary Approval of Class Settlement by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsey Shaw, Arthur Williams. (Attachments: # 1 Exhibit 1 - Proposed Settlement Agreement and Notice, # 2 Text of Proposed Order)(Carter, Jason) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
44

Minute Entry for proceedings held before Judge J. P. Boulee: Settlement Conference held on 6/30/2022 granting 43 Motion to Grant Preliminary Approval of Class Settlement. Final Settlement Approval Hearing set for 9/1/2022 at 1:30 PM in ATLA Courtroom 1908 before Judge J. P. Boulee. (Court Reporter Denise Stewart)(anc) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER

Clerks Certificate of Mailing

June 30, 2022

June 30, 2022

PACER
45

ORDER PRELIMINARILY APPROVING SETTLEMENT AND NOTICE TO THE CLASS.This Court will hold a hearing on final approval of the settlement on September 1, 2022 at 1:30 PM at United States Courthouse, Richard B. Russell Federal Building. See Order for additional deadlines. Pending the final determination of whether the Settlement should be approved, all proceedings and discovery in this case are STAYED, except as specifically provided for in this Order. Signed by Judge J. P. Boulee on 6/30/2022. (anc) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER

Clerk's Certificate of Mailing as to Shawn C. Leftwich re 45 Order (anc)

June 30, 2022

June 30, 2022

PACER
46

Emergency MOTION to Withdraw Defendants Consent to Preliminary Approval of Class Settlement with Brief In Support by Mark Butler, Georgia Department of Labor. (Attachments: # 1 Exhibit A: Press Release)(Lewis, Kimberly) (Entered: 07/01/2022)

1 Exhibit A: Press Release

View on PACER

July 1, 2022

July 1, 2022

Clearinghouse
47

RESPONSE in Opposition re 46 Emergency MOTION to Withdraw Defendants Consent to Preliminary Approval of Class Settlement filed by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno, Jacqueline Perkins, Chelsey Shaw, Arthur Williams. (Carter, Jason) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER

Order

July 6, 2022

July 6, 2022

PACER

ORDER {by Docket Entry Only}: The Court has reviewed the Emergency Motion to Withdraw Defendants' Consent to Preliminary Approval of Class Settlement 46 and Plaintiffs' Response in Opposition 47 . Defendants' deadline to file a reply is HEREBY STAYED. Before any further briefing occurs on this motion, the Court would like to hold a conference with the parties. The Court will not engage in a detailed discussion of the merits of the motion at the conference, and thus the parties need not prepare arguments concerning the motion. A separate notice regarding the scheduling of the conference will be forthcoming. Ordered by Judge J. P. Boulee on 7/6/22. (ceo)

July 6, 2022

July 6, 2022

PACER

Notice of Video/Telephone Proceeding

July 6, 2022

July 6, 2022

PACER

NOTICE OF VIDEO PROCEEDING : Status Conference set for 7/6/2022 at 01:00 PM via Zoom before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1602133846 Meeting ID: 160 213 3846 Passcode: 322689 or dial +1 669 254 5252 US (San Jose) Meeting ID: 160 213 3846 Passcode: 322689. You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (ceo)

July 6, 2022

July 6, 2022

PACER
48

Minute Entry for proceedings held before Judge J. P. Boulee: Status Conference held on 7/6/2022. (Court Reporter Penny Coudriet)(kxm) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

RECAP

NOTICE OF TELEPHONE PROCEEDING : Teleconference set for 7/8/2022 at 04:15 PM before Judge J. P. Boulee. Connection Instructions: USA Toll-Free Number: (888) 684-8852 USA Caller Paid/International Toll: (215) 446-0155 Access Code: 6707956. You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (ceo)

July 8, 2022

July 8, 2022

PACER

ORDER {by Docket Entry Only}: Given Defendants' Emergency Motion to Withdraw Defendants' Consent to Preliminary Approval of Class Settlement 46 and the Court's suggestion that the parties attempt to mediate the issues raised therein prior to fully briefing same, the deadlines in the Order Preliminarily Approving Settlement 45 and the requirement to provide notice to the class are HEREBY STAYED pending the results of the mediation and, if necessary, the Court's order on the Emergency Motion to Withdraw. Should the mediation be unsuccessful, Defendants shall file their reply brief to the Emergency Motion to Withdraw no later than noon on July 22, 2022. Ordered by Judge J. P. Boulee on 7/8/22. (ceo)

July 8, 2022

July 8, 2022

PACER
49

Minute Entry for proceedings held before Judge J. P. Boulee: Telephone Conference held on 7/8/2022. The parties discussed the Court's Preliminary Approval Order and mediation. Defendants reply brief to the 46 Emergency Motion to Withdraw Defendants' Consent to Preliminary Approval of Class Settlement is due no later than noon on July 22, 2022. Related deadlines are stayed pending the results of mediation and pending ruling on the 46 Emergency Motion to Withdraw Defendants' Consent to Preliminary Approval of Class Settlement. Hearing concluded. See transcript for additional details. (Court Reporter Penny Coudriet)(bgt) (Entered: 07/11/2022)

July 8, 2022

July 8, 2022

RECAP

---HEARING NOTICE DOCKETED IN ERROR---NOTICE of Hearing: Pretrial Conference reset for 8/1/2022 at 09:00 AM in ATLA Courtroom 1908 before Judge J. P. Boulee. (ceo) Modified to reflect error on 7/21/2022 (ceo).

July 21, 2022

July 21, 2022

PACER

---CERTIFICATE OF MAILING DOCKETED IN ERROR---Clerk's Certificate of Mailing as to Shawn C. Leftwich re Notice of Hearing. (ceo) Modified to reflect error on 7/21/2022 (ceo).

July 21, 2022

July 21, 2022

PACER
50

REPLY to Response to Motion re 46 Emergency MOTION to Withdraw Defendants Consent to Preliminary Approval of Class Settlement filed by Mark Butler, Georgia Department of Labor, State of Georgia. (Lewis, Kimberly) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

PACER

Submission of 46 Emergency MOTION to Withdraw Defendants Consent to Preliminary Approval of Class Settlement, to District Judge J. P. Boulee. (ceo)

July 26, 2022

July 26, 2022

PACER
51

Request for Leave of Absence for the following date(s): 08/08/22-08/19/22, 09/19/22-09/23/22, 10/10/22-10/15/22, 12/28/22-01/06/23, 02/20/23-02/25/23, by Jason James Carter. (Carter, Jason) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER

NOTICE OF TELEPHONE PROCEEDING : Status Conference set for 8/12/2022 at 10:45 AM via Teleconference before Judge J. P. Boulee. Connection Instructions: USA Toll-Free Number: (888) 684-8852 USA Caller Paid/International Toll: (215) 446-0155 Access Code: 6707956. You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (ceo)

Aug. 10, 2022

Aug. 10, 2022

PACER
52

Minute Entry for proceedings held before Judge J. P. Boulee: Telephone Conference held on 8/12/2022 to discuss Plaintiffs' request to file a sur-reply to Defendants' 46 Emergency Motion to Withdraw Defendants Consent to Preliminary Approval of Class Settlement and to set an evidentiary hearing. Defendants do not oppose a sur-reply but do not agree a hearing is necessary. The Court directs parties to continue discussions through noon on Tuesday, August 16, 2022, and to report to the Court as to whether there is a resolution. If a resolution is not reached, Plaintiffs are ordered to file their sur-reply brief no later than noon on August 18, 2022. Plaintiffs should include why they believe an evidentiary hearing is necessary and outline the types of evidence they would put forth. (Court Reporter Penny Coudriet)(jkl) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
53

Joint MOTION for Clarification of Notice Plan and to Proceed with Settlement with Brief In Support by Jane/John Doe 1-9, Joy Flowers, Danielle Johnson, Von King, Susan Kolyno. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Language for Notice Plan)(Carter, Jason) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

Clearinghouse
54

ORDER granting 53 Motion for Clarification. Class Members shall file with the Clerk any objections to the settlement no later than 09/19/2022. Supporting materials for objections must be filed no later than 10/17/2022. If the event a class member wishes to appear at the Final Approval Hearing, that member shall file with the Clerk of Court a notice of intention to appear no later than 09/19/2022. No later than 09/29/2022, the class member intending to appear at the hearing shall provide a written statement that indicates all bases for objection, all documentation in support of the objection, any legal authority supporting the objection and a list of witnesses the person may call to testify. The final approval hearing is scheduled for 11/08/2022 at 2:00 PM. Signed by Judge J. P. Boulee on 8/21/2022. (nmb) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER

Clerk's Certificate of Mailing as to Shawn C. Leftwich re 54 Order on Motion for Clarification. (nmb)

Aug. 22, 2022

Aug. 22, 2022

PACER

ZOOM CONNECTION INSTRUCTIONS for the final approval hearing scheduled in Courtroom 1908 on November 8, 2022 at 2:00 PM: Link: https://ganduscourts.zoomgov.com/j/1603379358 Meeting ID: 160 337 9358 Passcode: 1908 Audio via phone option: +1 551 285 1373. (jkl)

Aug. 23, 2022

Aug. 23, 2022

PACER
55

OBJECTION to Settlement Agreement re 54 Order on Motion for Clarification by Ugochukwu O. Amadi. (nmb) (Entered: 09/20/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
56

Statement of Objections re 54 Order on Motion for Clarification,,, by Rowland Cash Bank Liggins. (nmb) (Entered: 09/26/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER

In light of the parties' desire to proceed with settlement, the 46 Emergency Motion to Withdraw Defendants' Consent is DENIED without prejudice. So ordered by Judge J. P. Boulee on 10/11/22. (jkl)

Oct. 11, 2022

Oct. 11, 2022

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: June 22, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs in this case were Georgia residents partially or totally unemployed between March 1, 2020 and January 4, 2022. They sought to represent three classes of similarly situated people. For example, the “Prompt Appeal” class included individuals who received an initial determination that they were ineligible for unemployment benefits, filed a timely appeal, did not receive an appellate hearing and determination within four weeks, and were still awaiting a hearing or determination.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Georgia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Public benefits (includes, e.g., in-state tuition, govt. jobs)