1
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COMPLAINT against City of Huntsville (Filing fee $ 350; receipt number: B4601016606) filed by James Mason, Joanne Pearson.(AHI) (Entered: 10/18/2010)
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Oct. 15, 2010
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Oct. 15, 2010
Clearinghouse
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2
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Summons Issued by the clerk and hand delivered to plaintiff as to City of Huntsville. (AHI) (Entered: 10/18/2010)
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Oct. 15, 2010
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Oct. 15, 2010
PACER
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3
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NOTICE of ACCEPTANCE OF SERVICE on 11/19/2010 answer due 12/10/2010 by City of Huntsville < (Canupp, David) Modified on 11/22/2010 (AHI ). (Entered: 11/19/2010)
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Nov. 19, 2010
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Nov. 19, 2010
PACER
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4
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NOTICE of Appearance by David J Canupp on behalf of City of Huntsville (Canupp, David) (Entered: 11/19/2010)
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Nov. 19, 2010
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Nov. 19, 2010
PACER
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5
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MOTION to Dismiss of City of Huntsville, Alabama by City of Huntsville. (Canupp, David) (Entered: 12/10/2010)
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Dec. 10, 2010
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Dec. 10, 2010
PACER
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6
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Brief re 5 MOTION to Dismiss of City of Huntsville, Alabama filed by City of Huntsville. (Attachments: # 1 Exhibit A)(Canupp, David) (Entered: 12/10/2010)
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Dec. 10, 2010
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Dec. 10, 2010
PACER
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7
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MOTION to Stay re 5 MOTION to Dismiss of City of Huntsville, Alabama by City of Huntsville. (Canupp, David) (Entered: 12/10/2010)
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Dec. 10, 2010
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Dec. 10, 2010
PACER
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8
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NOTICE by City of Huntsville re 5 MOTION to Dismiss of City of Huntsville, Alabama of As-Applied Constitutional Challenge (Canupp, David) (Entered: 12/10/2010)
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Dec. 10, 2010
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Dec. 10, 2010
PACER
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ORDER setting motion deadline for 7 defendant's Motion to Stay. Plaintiffs' response is due on or before December 29, 2010. Signed by Judge C. Lynwood Smith, Jr. on December 10, 2010. (TBW)
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Dec. 10, 2010
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Dec. 10, 2010
PACER
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ORDER setting motion deadline for 5 defendant's Motion to Dismiss. Plaintiffs' response is due on or before December 29, 2010. Signed by Judge C. Lynwood Smith, Jr. on December 10, 2010. (TBW)
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Dec. 10, 2010
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Dec. 10, 2010
PACER
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9
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RESPONSE in Support re 7 MOTION to Stay re 5 MOTION to Dismiss of City of Huntsville, Alabama filed by James Mason, Joanne Pearson. (Zwilling, Edward) (Entered: 12/16/2010)
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Dec. 16, 2010
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Dec. 16, 2010
PACER
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10
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MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss of City of Huntsville, Alabama, Order on Motion to Dismiss, 6 Brief (Unopposed) by James Mason, Joanne Pearson. (Zwilling, Edward) (Entered: 12/16/2010)
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Dec. 16, 2010
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Dec. 16, 2010
PACER
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ORDER granting 10 plaintiffs' unopposed Motion for Extension of Time to File their Response to defendant's Motion to Dismiss. Plaintiffs' response is due on or before January 21, 2011. Signed by Judge C. Lynwood Smith, Jr. on December 17, 2010. (TBW)
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Dec. 17, 2010
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Dec. 17, 2010
PACER
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11
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ORDER that the motion to stay discovery is GRANTED and discovery is STAYED pending further order of the court. Signed by Judge C Lynwood Smith, Jr on 12/20/2010. (AHI) (Entered: 12/20/2010)
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Dec. 20, 2010
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Dec. 20, 2010
PACER
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12
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DISTRICT COURT CERTIFICATION OF CONSTITUTIONAL QUESTION; the court provides the U.S. Attorney General 60 days from the date of this notice to intervene on behalf od the U.S. in this action; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 1/4/2011. (AHI ) (Entered: 01/04/2011)
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Jan. 4, 2011
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Jan. 4, 2011
PACER
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13
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Second MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss of City of Huntsville, Alabama, 6 Brief by James Mason, Joanne Pearson. (Zwilling, Edward) (Entered: 01/07/2011)
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Jan. 7, 2011
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Jan. 7, 2011
PACER
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ORDER granting 13 plaintiffs' unopposed Motion for Extension of Time to File Response to 5 defendant's Motion to Dismiss. Plaintiffs' response is due on or before February 28, 2011. Signed by Judge C. Lynwood Smith, Jr. on January 13, 2011. (TBW).
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Jan. 13, 2011
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Jan. 13, 2011
PACER
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14
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RETURN OF SERVICE of 12 DISTRICT COURT CERTIFICATION OF CONSTITUTIONAL QUESTION to the U.S. Attorney General. Service executed on 1/20/2011. (AHI) Modified on 2/8/2011 (AHI). (Entered: 02/08/2011)
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Feb. 7, 2011
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Feb. 7, 2011
PACER
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15
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RESPONSE to Motion re 5 MOTION to Dismiss of City of Huntsville, Alabama and Supporting Memorandum of Law filed by James Mason, Joanne Pearson. (Attachments: # 1 Exhibit)(Zwilling, Edward) (Entered: 02/25/2011)
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Feb. 25, 2011
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Feb. 25, 2011
PACER
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16
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MOTION for Leave to File Amended Complaint (Unopposed) by James Mason, Joanne Pearson. (Zwilling, Edward) (Entered: 02/25/2011)
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Feb. 25, 2011
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Feb. 25, 2011
PACER
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17
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MOTION for Leave to File Reply Brief by City of Huntsville. (Canupp, David) (Entered: 03/01/2011)
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March 1, 2011
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March 1, 2011
PACER
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ORDER granting 16 Motion for Leave to File an Amended Complaint. Signed by Judge C. Lynwood Smith, Jr. on March 1, 2011. (TBW)
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March 1, 2011
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March 1, 2011
PACER
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ORDER granting 17 defendant's Motion for Leave to File a Reply Brief. Defendant's reply is due on or before March 18, 2011. Signed by Judge C. Lynwood Smith, Jr. on March 1, 2011. (TBW)
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March 1, 2011
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March 1, 2011
PACER
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18
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REPLY Brief filed by Defendant City of Huntsville re: 5 MOTION to Dismiss of City of Huntsville, Alabama filed by City of Huntsville. (Canupp, David) (Entered: 03/18/2011)
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March 18, 2011
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March 18, 2011
PACER
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19
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MOTION for Extension of Time To Consider Intervention by United States of America. (Peeples, Lloyd) (Entered: 04/11/2011)
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April 11, 2011
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April 11, 2011
PACER
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ORDER granting 19 unopposed Motion for Extension of Time to consider intervention by the United States of America. A filing setting forth whether the United States has elected to intervene must be made on or before June 10, 2011. Signed by Judge C. Lynwood Smith, Jr. on April 11, 2011. (TBW)
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April 11, 2011
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April 11, 2011
PACER
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20
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MOTION to Participate as Amicus Curiae by United States of America. (Peeples, Lloyd) (Entered: 06/10/2011)
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June 10, 2011
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June 10, 2011
PACER
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21
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United States' BRIEF as Intervenor and Amicus Curiae in opposition to 5 MOTION to Dismiss of City of Huntsville, Alabama (Attachments: # 1 Addendum)(Peeples, Lloyd) (Entered: 06/10/2011)
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June 10, 2011
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June 10, 2011
PACER
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ORDER setting motion deadline for 20 Motion for Permission to Participate as Amicus Curiae of the United States of America. Any party wishing to file a response must do so on or before June 24, 2011. Signed by Judge C. Lynwood Smith, Jr. on June 13, 2011. (TBW)
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June 13, 2011
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June 13, 2011
PACER
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22
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Opposition to re 20 to Motion of United States of America to Participate as Amicus Curiae filed by City of Huntsville. (Canupp, David) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
PACER
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23
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NOTICE by United States of America re 21 Brief Notice of Additional Authority (Attachments: # 1 Exhibit Revised Eleventh Circuit Decision)(Peeples, Lloyd) (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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24
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RESPONSE to re 23 Notice of Additional Authority filed by City of Huntsville. (Canupp, David) (Entered: 08/03/2011)
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Aug. 3, 2011
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Aug. 3, 2011
PACER
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25
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NOTICE by James Mason, Joanne Pearson Notice of Additional Authority (Attachments: # 1 Exhibit)(Zwilling, Edward) (Entered: 09/23/2011)
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Sept. 23, 2011
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Sept. 23, 2011
PACER
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26
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RESPONSE to re 25 Plaintiffs' Notice of Additional Authority filed by City of Huntsville. (Canupp, David) (Entered: 10/05/2011)
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Oct. 5, 2011
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Oct. 5, 2011
PACER
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27
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MOTION to Substitute Attorney by United States of America. (Peeples, Lloyd) (Entered: 02/10/2012)
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Feb. 10, 2012
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Feb. 10, 2012
PACER
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ORDER granting 27 Motion to Substitute Attorney. Attorney Lloyd C Peeples, III terminated. The Clerk is directed to substitue Lane Hines Woodke for Lloyd C. Peeples, III. Signed by Judge C. Lynwood Smith, Jr. on February 10, 2012.(FEQ)
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Feb. 10, 2012
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Feb. 10, 2012
PACER
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28
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NOTICE by James Mason, Joanne Pearson re 26 Response (other), 25 Notice (Other) Plaintiffs' Supplement to Plaintiffs' Notice of Additional Authority (Zwilling, Edward) (Entered: 03/14/2012)
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March 14, 2012
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March 14, 2012
PACER
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29
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ORDER that the 20 Motion to participate as amicus curiae filed by the United States is GRANTED; defendant may file a reply to the brief filed by the United States in opposition to defendant's motion to dismiss by 5/22/2012; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 5/7/2012. (AHI ) (Entered: 05/07/2012)
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May 7, 2012
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May 7, 2012
PACER
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30
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Consent MOTION for Extension of Time to Respond to Brief of United States of America by City of Huntsville. (Canupp, David) (Entered: 05/17/2012)
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May 17, 2012
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May 17, 2012
PACER
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ORDER granting 30 Motion for Extension of Time. Defendant shall submit its response to the brief of the United States on or before May 25, 2012. Signed by Judge C. Lynwood Smith, Jr. on May 18, 2012. (FEQ)
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May 18, 2012
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May 18, 2012
PACER
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31
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Brief re 21 Brief Brief in Opposition to Intervenor and Amicus Curiae Brief of the United States of America filed by City of Huntsville. (Canupp, David) (Entered: 05/25/2012)
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May 25, 2012
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May 25, 2012
PACER
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32
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NOTICE by City of Huntsville re 5 MOTION to Dismiss of City of Huntsville, Alabama of Supplemental Authority (Attachments: # 1 Exhibit Supreme Court Opinion)(Canupp, David) (Entered: 09/18/2012)
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Sept. 18, 2012
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Sept. 18, 2012
PACER
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33
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RESPONSE to SUPPLEMENTAL AUTHORITY filed by United States of America. (Steverson, Carolyn) (Entered: 09/27/2012)
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Sept. 27, 2012
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Sept. 27, 2012
PACER
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34
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MEMORANDUM OPINION AND ORDER that the Defendant's Motion to Dismiss is GRANTED IN PART AND DENIED IN PART, Plaintiffs' Rehabilitation Act claim (Count II) isDISMISSED with prejudice, but the motion is DENIED as to plaintiffs ADA claim (Count I); the stay on discovery is lifted, and the parties are ORDERED to proceed with discovery pursuant to the Uniform Initial Order that will be entered contemporaneously herewith; the parties should submit a report of their discovery planning conference by 10/24/2012; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 10/10/2012. (AHI) (Entered: 10/10/2012)
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Oct. 10, 2012
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Oct. 10, 2012
Clearinghouse
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35
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ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge C Lynwood Smith, Jr on 10/10/2012. (AHI) (Entered: 10/10/2012)
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Oct. 10, 2012
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Oct. 10, 2012
PACER
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36
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NOTICE by James Mason, Joanne Pearson OF FILING STATEMENT OF ATTORNEYS FEES (Zwilling, Edward) (Entered: 10/12/2012)
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Oct. 12, 2012
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Oct. 12, 2012
PACER
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37
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MOTION to Certify Order on Motion to Dismiss for Interlocutory Appeal re 34 Memorandum Opinion,,, Order,,, Terminate Motions,, by City of Huntsville. (Canupp, David) (Entered: 10/19/2012)
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Oct. 19, 2012
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Oct. 19, 2012
PACER
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38
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MOTION to Stay Proceedings Pending Decision on Section 1292(b) Certification and any Interlocutory Appeal by City of Huntsville. (Canupp, David) (Entered: 10/19/2012)
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Oct. 19, 2012
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Oct. 19, 2012
PACER
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39
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ORDER that the 38 Motion to Stay is GRANTED and this action is STAYED pending this court's consideration of the City's motion to certify this court's order on the motion to dismiss for interlocutory appeal. Any briefs in opposition to the motion for certification are due by 11/5/2012, as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 10/23/2012. (AHI ) (Entered: 10/23/2012)
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Oct. 23, 2012
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Oct. 23, 2012
PACER
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40
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RESPONSE in Opposition to 37 MOTION to Certify Order on Motion to Dismiss for Interlocutory Appeal regarding 34 Memorandum Opinion and Order Terminate Motions filed by James Mason, Joanne Pearson. (Zwilling, Edward) Modified on 10/25/2012 (AHI). (Entered: 10/25/2012)
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Oct. 25, 2012
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Oct. 25, 2012
PACER
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41
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MEMORANDUM OPINION AND ORDER that the Motion to certify this court's order on the motion to dismiss for interlocutory appeal is DENIED as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 10/30/2012. (AHI ) (Entered: 10/30/2012)
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Oct. 30, 2012
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Oct. 30, 2012
PACER
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42
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ORDER that the stay on all proceedings is lifted and the parties areORDERED to conduct a discovery planning conference pursuant to Federal Rule ofCivil Procedure 26(f), Local Rule 26.1(d), and this court's Uniform Initial Order, and to file a written report of that conference by 11/30/2012. Signed by Judge C Lynwood Smith, Jr on 11/7/2012. (AHI ) (Entered: 11/07/2012)
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Nov. 7, 2012
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Nov. 7, 2012
PACER
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43
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REPORT of Rule 26(f) Planning Meeting. (Zwilling, Edward) (Entered: 11/07/2012)
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Nov. 7, 2012
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Nov. 7, 2012
PACER
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44
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SCHEDULING ORDER: that certain time limits and deadlines apply as set out in this order; Discovery due by 1/24/2014; Dispositive Motions due by 2/24/2014; Witness and Exhibit Lists due by 3/21/2014; Trial ready by 4/2014. Signed by Judge C Lynwood Smith, Jr on 11/8/2012. (AHI) (Entered: 11/08/2012)
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Nov. 8, 2012
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Nov. 8, 2012
PACER
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45
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NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 11/19/2012 (AHI). (Entered: 11/15/2012)
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Nov. 15, 2012
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Nov. 15, 2012
PACER
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46
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NOTICE of Appearance by Michael A Chester on behalf of All Plaintiffs (Chester, Michael) (Entered: 12/06/2012)
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Dec. 6, 2012
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Dec. 6, 2012
PACER
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47
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NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 12/17/2012 (AHI). (Entered: 12/14/2012)
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Dec. 14, 2012
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Dec. 14, 2012
PACER
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48
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NOTICE by James Mason, Joanne Pearson Notice of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 1/16/2013 (AHI). (Entered: 01/10/2013)
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Jan. 10, 2013
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Jan. 10, 2013
PACER
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49
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NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 2/19/2013 (AHI). (Entered: 02/14/2013)
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Feb. 14, 2013
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Feb. 14, 2013
PACER
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50
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ANSWER to Complaint by City of Huntsville.(Canupp, David) (Entered: 02/21/2013)
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Feb. 21, 2013
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Feb. 21, 2013
PACER
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51
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NOTICE by James Mason, Joanne Pearson of FIling Statement of Attorney's Time (Zwilling, Edward) Modified on 3/18/2013 (AHI). (Entered: 03/14/2013)
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March 14, 2013
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March 14, 2013
PACER
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52
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NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 4/15/2013 (AHI). (Entered: 04/12/2013)
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April 12, 2013
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April 12, 2013
PACER
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53
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NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 5/17/2013 (AHI ). (Entered: 05/15/2013)
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May 15, 2013
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May 15, 2013
PACER
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54
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NOTICE by James Mason, Joanne Pearson Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 6/17/2013 (AHI). (Entered: 06/13/2013)
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June 13, 2013
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June 13, 2013
PACER
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55
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NOTICE by James Mason, Joanne Pearson Filing Statement of Attorney Fees (Zwilling, Edward) Modified on 8/15/2013 (AHI). (Entered: 08/13/2013)
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Aug. 13, 2013
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Aug. 13, 2013
PACER
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56
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NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 9/18/2013 (AHI). (Entered: 09/12/2013)
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Sept. 12, 2013
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Sept. 12, 2013
PACER
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57
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NOTICE of Filing Attorney Time Records by James Mason, Joanne Pearson (Zwilling, Edward) Modified on 10/28/2013 (AHI). (Entered: 10/16/2013)
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Oct. 16, 2013
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Oct. 16, 2013
PACER
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58
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Joint MOTION for Extension of Time and to Modify Scheduling Order by City of Huntsville. (Canupp, David) (Entered: 10/17/2013)
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Oct. 17, 2013
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Oct. 17, 2013
PACER
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ORDER granting 58 Motion for Extension of Time. The defendant's expert disclosure deadline is extended to January 24, 2014; the discovery deadline is extended to February 24, 2014; and the dispositive motion deadline is extended to March 24, 2014. Signed by Judge C Lynwood Smith, Jr on October 17, 2013. (ALJ)
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Oct. 17, 2013
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Oct. 17, 2013
PACER
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59
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NOTICE by James Mason, Joanne Pearson of Filing Statement of Attorney's Fees (Zwilling, Edward) Modified on 12/16/2013 (AHI). (Entered: 12/13/2013)
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Dec. 13, 2013
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Dec. 13, 2013
PACER
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60
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STIPULATION of Dismissal by James Mason, Joanne Pearson. filed by James Mason, Joanne Pearson (Zwilling, Edward) (Entered: 03/06/2014)
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March 6, 2014
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March 6, 2014
RECAP
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61
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ORDER DISMISSING CASE that the court having been notified by the parties' joint stipulation of dismissal that all remaining claims embraced herein have been resolved, it is ORDERED thatthis case is DISMISSED with prejudic and costs are taxed as paid as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 3/13/2014. (AHI) (Entered: 03/13/2014)
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March 13, 2014
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March 13, 2014
RECAP
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