Case: Braxton v. Stokes

NOTICE OF REMOVAL, filed by Lynn Thiebe. (Attachments: # 1 Civil Cover Sheet, # 2 State Court Notice of Filing Notice of Removal, # 3 State Clerk's Certification and Record) (Jones, Keith) (Entered: 04/14/2023)

1 Civil Cover Sheet

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2 State Court Notice of Filing Notice of Removal

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3 State Clerk's Certification and Record

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NOTICE OF REMOVAL ( Filing fee $ 402, Receipt number AALSDC-3184651, Online Credit Card Payment), filed by Jesse Donald Leverett, Voncille Brown Thomas, Gary Broussard, Willie Richard Tucker, Haywood Stokes, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Howard, Rick) (Entered: 04/17/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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ANSWER to Complaint Amended Complaint by Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III, Voncille Brown Thomas, Willie Richard Tucker. (Howard, Rick) (Entered: 04/17/2023)

PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 6/1/2023. Signed by Magistrate Judge Katherine P. Nelson on 04/17/2023. (Attachments: # 1 Consent to Magistrate) (cjr) (Entered: 04/17/2023)

1 Consent to Magistrate

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ANSWER to Complaint by People's Bank of Greensboro. (Jones, Woodruff) (Entered: 04/21/2023)

Corporate Disclosure Statement filed by Defendant People's Bank of Greensboro. (Jones, Woodruff) (Entered: 04/21/2023)

Document endorsed NOTED by District Judge Kristi K. DuBose: Disclosure Statement 6 . A review of the disclosure statement has been completed. That review has not revealed any reason to believe that there are potential conflicts of interest that would require disqualification or recusal in this action.(gcp) (Entered: 04/28/2023)

Order - Document NOTED

Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Corporate Disclosure Statement 6 filed by People's Bank of Greensboro. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (pdo) (Entered: 05/02/2023)

Order - Document NOTED

REPORT of Rule 26(f) Planning Meeting . (Rouco, Richard) (Entered: 06/01/2023)

Document Referred

REFERRAL OF 9 Report of Rule 26(f) Planning Meeting to Judge Nelson. (meh)

Order re: 9 Report of Rule 26(f) Planning Meeting filed by James Ballard, Janice Quarles, Wanda Scott, Barbara Patrick, Patrick Braxton. Scheduling Conference set for 6/7/2023 at 10:30 AM before Magistrate Judge Katherine P. Nelson BY TELEPHONE. See order for call-in information. Signed by Magistrate Judge Katherine P. Nelson on 6/2/2023. (meh) (Entered: 06/02/2023)

NOTICE of Appearance by Timothy Alan Heisterhagen on behalf of Lynn Thiebe (Heisterhagen, Timothy) (Entered: 06/06/2023)

NOTICE of Filing Proposed Summons by James Ballard, Patrick Braxton, Barbara Patrick, Janice Quarles, Wanda Scott to Sean Costello, United States Attorney for the Southern District of Alabama (Rouco, Richard) (Entered: 06/07/2023)

NOTICE of Filing Proposed Summons by James Ballard, Patrick Braxton, Barbara Patrick, Janice Quarles, Wanda Scott to Merrick Garland, United States Attorney General (Rouco, Richard) (Entered: 06/07/2023)

SCHEDULING ORDER: Pretrial Conference set for 12/5/2024 at 09:00 AM in US Courthouse, Judge's Chambers, 155 St. Joseph Street, Mobile, AL 36602 before District Judge Kristi K. DuBose. Jury Selection set for 1/7/2025 at 08:45 AM in US Courthouse, Courtroom 4B, 155 St. Joseph Street, Mobile, AL 36602 before District Judge Kristi K. DuBose. Trial to be held in the month of January 2025. ETT 2-3 days. Discovery cutoff 7/15/2024. Amended Pleadings due by 12/1/2023. Motions due by 8/15/2024. Position Regarding Settlement due by 8/1/2024.. Signed by Magistrate Judge Katherine P. Nelson on 6/7/2023. (Attachments: # 1 Standing Pretrial Order) (meh) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 06/08/2023)

1 Standing Pretrial Order

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Scheduling Conference

Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Scheduling Conference held on 6/7/2023. (tgw)

Summons Issued as to U.S. Attorney Sean Costello and U.S. Attorney General Merrick Garland Note to Counsel: The Summons have been issued. Please print copies necessary for service. (Attachments: # 1 Summons at to USAG) (meh) (Entered: 06/08/2023)

1 Summons at to USAG

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MOTION to Dismiss filed by Lynn Thiebe. (Heisterhagen, Timothy) (Entered: 06/26/2023)

Motions Referred

MOTIONS REFERRED: 17 MOTION to Dismiss Referred to Judge Katherine P. Nelson. (meh)

MOTION to Stay Discovery filed by Lynn Thiebe. (Heisterhagen, Timothy) (Entered: 06/27/2023)

Motions Referred

MOTIONS REFERRED: 18 MOTION to Stay Discovery. Referred to Judge Katherine P. Nelson. (jmr)

NOTICE of Appearance by Morgan Booker Beckman on behalf of Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III, Voncille Brown Thomas, Willie Richard Tucker (Beckman, Morgan) (Entered: 06/28/2023)

TEXT-ONLY ORDER Setting Motion Deadlines re: 17 MOTION to Dismiss filed by Lynn Thiebe. District Judge referred motion to Mag. Judge for appropriate action. See S.D. Ala. GenLR 72(b); (6/26/2023 elec. ref.). Non-movants' brief(s) in response to said motion, if any, must be filed and served no later than 7/11/2023. Movant's brief in reply to the response(s), if any, must be filed and served no later than 7/18/2023. Briefs must comply with S.D. Ala. GenLR 5(a) and CivLR 7. Motion to be taken under submission on 7/19/2023. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of the Court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, this motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 6/29/2023. (ctn) (Entered: 06/29/2023)

TEXT-ONLY ORDER granting in part and denying in part 18 Motion to Stay Discovery, as follows: Said motion fails to persuasively show why all discovery in this civil action should be stayed. However, for good cause shown, and the Plaintiffs being unopposed, discovery in this action is hereby STAYED as to Defendant Lyn Thiebe only, until otherwise ordered. Signed by Magistrate Judge Katherine P. Nelson on 6/29/2023. (ctn) (Entered: 06/29/2023)

Order on Motion to Stay Discovery

Order Setting Motion Deadline/Hearing

MOTION for Extension of Time to Respond to Thiebe's Motion To Dismiss filed by James Ballard, Patrick Braxton, Barbara Patrick, Janice Quarles, Wanda Scott. (Rouco, Richard) (Entered: 07/03/2023)

ENDORSED ORDER granting 22 Motion for Extension of Time. Non-movants' brief(s) in response to Defendant Thiebe's 17 Motion to Dismiss, if any, must be filed and served no later than 7/21/2023. Movant's brief in reply to the response(s), if any, must be filed and served no later than 7/28/2023. Briefs must comply with S.D. Ala. GenLR 5(a) and CivLR 7. Motion to be taken under submission on 7/29/2023. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of the Court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, this motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 7/5/2023. (pdo). (Entered: 07/05/2023)

Motions Referred

Order on Motion for Extension of Time

MOTIONS REFERRED: 22 MOTION for Extension of Time to Respond to Thiebe's Motion To Dismiss Referred to Judge Katherine P. Nelson. (fz)

MOTION to Dismiss, MOTION for Judgment on the Pleadings filed by People's Bank of Greensboro. (Jones, Woodruff) (Entered: 07/21/2023)

STIPULATION of Dismissal of Defendant Lyn Thiebe by Barbara Patrick, James Ballard, Patrick Braxton, Janice Quarles, Wanda Scott. (Rouco, Richard) (Entered: 07/21/2023)

MOTION for Judgment on the Pleadings filed by Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III, Voncille Brown Thomas, Willie Richard Tucker. Responses due by 7/21/2023 (Howard, Rick) (Entered: 07/21/2023)

Brief filed by Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III, Voncille Brown Thomas, Willie Richard Tucker re 26 MOTION for Judgment on the Pleadings . (Howard, Rick) (Entered: 07/21/2023)

Motions Referred

Document Referred

MOTIONS REFERRED: 24 MOTION to Dismiss MOTION for Judgment on the Pleadings . Referred to Judge Katherine P. Nelson. (meh)

REFERRAL OF 25 Stipulation of Dismissal to Judge DuBose. (meh)

MOTIONS REFERRED: 26 MOTION for Judgment on the Pleadings . Referred to Judge DuBose. (meh)

REFERRAL OF 27 Brief to Judge DuBose. (meh)

MOTION to Stay Discovery filed by Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III, Voncille Brown Thomas, Willie Richard Tucker. (Howard, Rick) (Entered: 07/25/2023)

MOTION to Stay filed by People's Bank of Greensboro. (Jones, Woodruff) (Entered: 07/25/2023)

Motions Referred

MOTIONS REFERRED: 28 MOTION to Stay Discovery and 29 MOTION to Stay. Referred to Judge Katherine P. Nelson. (jmr)

Clerk's Notice of Dismissal - Because Doc. 25 is not signed by all parties who have appeared in this case, Doc. 25 is construed as a Notice of Dismissal per FRCP 41(a)(1)(A)(i) to voluntarily dismiss Plaintiffs' claims against only Defendant Lyn Thiebe (as she has not filed an answer or motion for summary judgment). Defendant Thiebe is DISMISSED without prejudice. See Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990) and Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004). (meh) (Entered: 07/27/2023)

TEXT ONLY Order Setting Briefing Deadlines re: 24 Defendant People's Bank of Greensboro's Motion to Dismiss, or in the alternative, Motion for Judgment on the Pleadings. District Judge referred said motion to Mag. Judge for appropriate action. See S.D. Ala. GenLR 72(b); (7/21/2023 elec. ref.). Plaintiff's brief in response to said motion, if any, must be filed and served no later than 8/4/2023. Defendant's brief in reply to the response, if any, must be filed and served no later than 8/11/2023. Motion to be taken under submission 8/12/2023. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of the Court for good cause shown. Should the Court determine oral argument would be beneficial, a hearing will be set by separate order. Otherwise, this motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h) ("Oral argument requests must contain specific reasons why oral argument would be helpful.). Signed by Magistrate Judge Katherine P. Nelson on 7/27/2023. (pdo) (Entered: 07/27/2023)

Order re: 28 MOTION to Stay Discovery filed by Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III, Voncille Brown Thomas, Willie Richard Tucker, 29 MOTION to Stay filed by People's Bank of Greensboro. PLaintiffs are GRANTED leave to file a response showing cause as to why the motions should not be granted by NLT 8/1/2023. Signed by Magistrate Judge Katherine P. Nelson on 7/27/2023. (meh) (Entered: 07/27/2023)

Order re: 26 MOTION for Judgment on the Pleadings filed by Willie Richard Tucker, Voncille Brown Thomas, Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III. It is ORDERED that Plaintiffs shall file a Response to Motion on or before 8/10/2023. Defendants shall file a Reply thereto on or before 8/17/2023. Signed by District Judge Kristi K. DuBose on 7/27/2023. (meh) (Entered: 07/27/2023)

Order

Clerks Notice of Closing

Unopposed MOTION for Extension of Time to File Response to Magistrate Judge Order as to 24 MOTION to Dismiss MOTION for Judgment on the Pleadings of People's Bank of Greensboro filed by James Ballard, Patrick Braxton, Barbara Patrick, Janice Quarles, Wanda Scott. (Rouco, Richard) (Entered: 07/28/2023)

Unopposed MOTION for Extension of Time to File Response to District Judges Order as to 26 MOTION for Judgment on the Pleadings by Individual Defendants filed by James Ballard, Patrick Braxton, Barbara Patrick, Janice Quarles, Wanda Scott. (Rouco, Richard) (Entered: 07/28/2023)

Motions Referred

MOTIONS REFERRED: 34 Unopposed MOTION for Extension of Time to File Response to Magistrate Judge Order as to 24 MOTION to Dismiss MOTION for Judgment on the Pleadings of People's Bank of Greensboro. Referred to Judge Katherine P. Nelson. (jmr)

MOTIONS REFERRED: 35 Unopposed MOTION for Extension of Time to File Response to District Judges Order as to 26 MOTION for Judgment on the Pleadings by Individual Defendants. Referred to Judge Kristi K. DuBose. (jmr)

ENDORSED ORDER granting 35 unopposed Motion for Extension of Time as follows: Plaintiffs shall file a Response on or before 8/31/2023; and Defendants shall file a Reply on or before 9/8/2023. Signed by District Judge Kristi K. DuBose on 7/31/23. (gcp) (Entered: 07/31/2023)

ENDORSED ORDER granting 34 unopposed Motion for Extension of Time to File Response. Plaintiffs' brief in response to 24 Defendant People's Bank of Greensboro's motion, if any, must be filed and served NLT 8/31/2023. Defendant's brief in reply to the response, if any, must be filed and served NLT 9/8/2023. Signed by Magistrate Judge Katherine P. Nelson on 7/31/2023. (pdo) (Entered: 07/31/2023)

Order on Motion for Extension of Time to File Response to D/J Order

Order on Motion for Extension of Time to File Response to M/J Order

RESPONSE in Opposition re 29 MOTION to Stay Discovery filed by Patrick Braxton. (Rouco, Richard) (Entered: 08/01/2023)

RESPONSE to Motion re: 28 MOTION to Stay Discovery filed by Patrick Braxton. (Rouco, Richard) (Entered: 08/01/2023)

Document Referred

REFERRAL OF 38 Response in Opposition to Motion, 39 Response to Motion to Judge Nelson. (jmr)

Order re: 28 MOTION to Stay Discovery filed by Willie Richard Tucker, Voncille Brown Thomas, Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III and 29 MOTION to Stay filed by People's Bank of Greensboro. Defendants are GRANTED leave to file a reply in support of their respective motions to stay by NLT 8/16/2023. Signed by Magistrate Judge Katherine P. Nelson on 8/11/2023. (meh) (Entered: 08/11/2023)

REPLY to 28 MOTION to Stay Discovery filed by Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III, Voncille Brown Thomas, Willie Richard Tucker. (Howard, Rick) (Entered: 08/16/2023)

REPLY to Response to Motion 29 to Stay Discovery filed by People's Bank of Greensboro. (Jones, Woodruff) (Entered: 08/16/2023)

Document Referred

REFERRAL OF 41 Reply, 42 Reply to Response to Motion to Judge Nelson. (meh)

ORDER STAYING DISCOVERY - Motions 28 MOTION to Stay Discovery filed by Willie Richard Tucker, Voncille Brown Thomas, Gary Broussard, Jesse Donald Leverett, Haywood Stokes, III and 29 MOTION to Stay filed by People's Bank of Greensboro are GRANTED and discovery in this action is temporarily STAYED pending further action by the Court. Signed by Magistrate Judge Katherine P. Nelson on 8/18/2023. (meh) (Entered: 08/18/2023)

Second MOTION for Extension of Time Unopposed to Respond to People's Bank of Greensboro's Motion to Dismiss filed by James Ballard, Patrick Braxton, Barbara Patrick, Janice Quarles, Wanda Scott. (Rouco, Richard) (Entered: 08/23/2023)

Second MOTION for Extension of Time Unopposed to Respond to Individual Defendants' Motion to Dismiss filed by James Ballard, Patrick Braxton, Barbara Patrick, Janice Quarles, Wanda Scott. (Rouco, Richard) (Entered: 08/23/2023)

Motions Referred

MOTIONS REFERRED: 44 Second MOTION for Extension of Time Unopposed to Respond to People's Bank of Greensboro's Motion to Dismiss. Referred to Judge Katherine P. Nelson. (meh)

MOTIONS REFERRED: 45 Second MOTION for Extension of Time Unopposed to Respond to Individual Defendants' Motion to Dismiss. Referred to Judge DuBose. (meh)

ENDORSED ORDER granting 45 Plaintiffs' unopposed Motion for a Second Extension of Time 45 to file a Response to the Motion for Judgment on the Pleadings filed by Defendants Haywood Stokes III, Gary Broussard, Jesse Donald Leverett, Voncille Brown Thomas, and Willie Richard Tucker [26, 27], as follows: Plaintiffs shall file a Response on or before September 11, 2023; and as such, Defendants' deadline is also extended such that they shall file a Reply thereto on or before September 18, 2023. Signed by District Judge Kristi K. DuBose on 8/24/23. (gcp) (Entered: 08/24/2023)

ENDORSED ORDER granting 44 Plaintiffs' unopposed Motion for a Second Extension of time to file Response. Plaintiffs' brief in response to 24 Defendant People's Bank of Greensboro's motion, if any, must be filed and served NLT 9/11/2023. Defendant's reply to Plaintiffs' response, if any, must be filed and served NLT 9/18/2023. Signed by Magistrate Judge Katherine P. Nelson on 8/24/2023. (pdo) (Entered: 08/24/2023)

Order on Motion for Extension of Time

NOTICE of Appearance by William J. Gamble on behalf of People's Bank of Greensboro (Gamble, William) (Entered: 09/06/2023)

STIPULATION of Dismissal Joint of Defendant People's Bank of Greensboro by Barbara Patrick, James Ballard, Patrick Braxton, Janice Quarles, Wanda Scott. (Rouco, Richard) (Entered: 09/11/2023)

Unopposed MOTION for Leave to File Second Amended Complaint filed by James Ballard, Patrick Braxton, Barbara Patrick, Janice Quarles, Wanda Scott. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Rouco, Richard) (Entered: 09/11/2023)

Document Referred

Motions Referred

REFERRAL OF 49 Stipulation of Dismissal to Judge DuBose. (jmr)

MOTIONS REFERRED: 50 Unopposed MOTION for Leave to File Second Amended Complaint. Referred to Judge DuBose. (meh)

Order re: 49 Stipulation of Dismissal filed by James Ballard, Janice Quarles, Wanda Scott, Barbara Patrick, Patrick Braxton. The Court construes the Joint Stipulation as Plaintiffs' Rule 41(a)(2) motion to dismiss Defendant Peoples Bank of Greensboro. It is ORDERED that the Plaintiff's motion is GRANTED and Defendant People's Bank of Greensboro is DISMISSED without prejudice. Signed by District Judge Kristi K. DuBose on 9/12/2023. (meh) (Entered: 09/12/2023)

ENDORSED ORDER finding MOOT 24, per 49 and 51 . Signed by District Judge Kristi K. DuBose on 9/13/23. (gcp) (Entered: 09/13/2023)

Order on Motion for Judgment on the Pleadings AND Order on Motion to Dismiss

MOTION and APPLICATION for Morenike Fajana to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3272378, Online Credit Card Payment) filed by All Plaintiffs. (Attachments: # 1 Certificate of Good Standing) (Fajana, Morenike) (Entered: 09/19/2023)

Motions Referred

MOTIONS REFERRED: 53 MOTION and APPLICATION for Morenike Fajana to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with S.D. Ala. Referred to Judge Katherine P. Nelson. (jmr)

NOTICE by All Plaintiffs re 53 MOTION and APPLICATION for Morenike Fajana to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with S.D. Ala. (Fajana, Morenike) (Entered: 09/21/2023)

ENDORSED ORDER granting 53 Motion to Appear Pro Hac Vice, as supplemented by Doc. 54 . Signed by Magistrate Judge Katherine P. Nelson on 9/21/2023. (pdo) (Entered: 09/21/2023)

Order on Motion to Appear Pro Hac Vice