Case: City of Stockbridge v. State of Georgia

City of Stockbridge, Ge v. State of Georgia

City of Stockbridge, Ge v. State of Georgia

City of Stockbridge, Ge v. State of Georgia

Capital One Funding, LLC & City of Stockbridge, Ge v. Tina Lunsford

Capital One Funding, LLC & City of Stockbridge, Ge v. Tina Lunsford

City of Stockbridge, Ge v. Tina Lunsford

City of Stockbridge, Ge v. Tina Lunsford

City of Stockbridge, Ge v. Tina Lunsford

COMPLAINT filed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. (Filing fee $400, receipt number 113E-8093115) (Attachments: # 1 Civil Cover Sheet)(bnw) 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: 08/21/2018)

1 Civil Cover Sheet

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Certificate of Interested Persons and Corporate Disclosure Statement by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (bnw) (Entered: 08/21/2018)

Electronic Summons Issued as to Nathan Deal, Tina Lunsford, Secretary of State Brian Kemp, State of Georgia. (Attachments: # 1 Summons State of Georgia, # 2 Summons Secretary of State Brian Kemp, # 3 Summons Secretary of State Brian Kemp)(bnw) (Entered: 08/21/2018)

Clerks Notation re 3 Certificate of Interested Persons, reviewed and approved by LMM. (rvb)

STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 8/23/18. (hfm) (Entered: 08/23/2018)

ACKNOWLEDGMENT OF SERVICE Executed filed by Tina Lunsford. All Plaintiffs. (Jaugstetter, Patrick) (Entered: 08/27/2018)

NOTICE of Voluntary Dismissal as to Defendant Brian Kemp filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge (Anulewicz, Christopher) (Entered: 09/05/2018)

Clerk's Entry of Dismissal APPROVING 6 Notice of Voluntary Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i) as to Brian Kemp. (hfm)

NOTICE of Appearance by Cristina Correia on behalf of Nathan Deal, State of Georgia (Correia, Cristina) (Entered: 09/10/2018)

Return of Service Executed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. Nathan Deal served on 8/30/2018, answer due 9/20/2018. (Anulewicz, Christopher) (Entered: 09/10/2018)

Return of Service Executed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge. State of Georgia served on 8/30/2018, answer due 9/20/2018. (Anulewicz, Christopher) (Entered: 09/10/2018)

NOTICE of Voluntary Dismissal Without Prejudice as to Defendants State of Georgia and Governor Nathan Deal filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge (Anulewicz, Christopher) (Entered: 09/11/2018)

Clerk's Entry of Dismissal APPROVING 10 Notice of Voluntary Dismissal, without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i) as to State of Georgia and Governor Nathan Deal. (hfm)

First AMENDED COMPLAINT against Tina Lunsford, Andy Callaway, Jon Kirkpatrick, Mildred Schmelz, Dan Richardson, Arch Brown filed by Elton Alexander, City of Stockbridge, Georgia, John Blount, Urban Redevelopment Agency of the City of Stockbridge.(Anulewicz, Christopher) 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: 09/13/2018)

NOTICE Of Filing Verification by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge re 11 Amended Complaint, (Attachments: # 1 Exhibit A -Verification of Anthony S. Ford)(Anulewicz, Christopher) (Entered: 09/13/2018)

1 Exhibit A -Verification of Anthony S. Ford

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Memorandum of Law re 14 Motion for Preliminary Injunction with Brief In Support by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (Attachments: # 1 Exhibit A-Stockbridge De-Annexation Fiscal Analysis, # 2 Exhibit B-Supplemental to Stockbridge De-Annexation Fiscal Analysis, # 3 Exhibit C-Act 548, # 4 Exhibit S-Act 559)(Anulewicz, Christopher) Modified on 9/14/2018 (hfm). (Entered: 09/13/2018)

1 Exhibit A-Stockbridge De-Annexation Fiscal Analysis

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2 Exhibit B-Supplemental to Stockbridge De-Annexation Fiscal Analysis

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3 Exhibit C-Act 548

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4 Exhibit S-Act 559

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MOTION for Preliminary Injunction by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Anulewicz, Christopher) (Entered: 09/13/2018)

ORDER Setting Hearing on Motion re 14 MOTION for Preliminary Injunction: Motion Hearing set for 9/24/2018 at 01:00 PM in ATLA Courtroom 2107 before Judge Leigh Martin May. Plaintiffs are ORDERED to serve Defendants with a copy of this Order, the Amended Complaint, and the Motion for Preliminary Injunction by close of business on Monday, September 17, 2018. Plaintiffs should file proof of service on the docket once Defendants have been served with this Order and the pleadings. Defendants are DIRECTED to file a Response Brief on Thursday,September 20, 2018 by 3:00 p.m. If Plaintiffs are inclined to file a Reply Brief, its reply shall be due by noon on Friday, September 21, 2018. Signed by Judge Leigh Martin May on 9/14/18. (hfm) (Entered: 09/14/2018)

Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Attachments: # 1 Text of Proposed Order)(Lacy, William) (Entered: 09/14/2018)

ORDER granting 16 Motion for Extension of Time to Answer re 11 Amended Complaint. Arch Brown Answer due 10/1/2018; Andy Callaway Answer due 10/1/2018; Jon Kirkpatrick Answer due 10/1/2018; Tina Lunsford Answer due 10/1/2018. Signed by Judge Leigh Martin May on 9/14/18. (hfm) (Entered: 09/17/2018)

ORDER: Upon a sua sponte review of these matters, Plaintiffs in both actions are ORDERED by Thursday September 20, 2018 to brief the following issues: 1. Whether this matter is ripe, when the Act does not go into effect unless the residents vote to deannex the City of Eagle's Landing, see SB 263 ยง 7.13; and, 2. As Plaintiffs substantively allege the De-Annexation Acts violate the Contract Clause, whether the State or its representatives are necessary parties under Rule 19? See, e.g., Vesta Fire Ins. Corp. v. State of Fla., 141F.3d 1427, 1433 (11th Cir. 1998) ("The Contract Clause of the United States Constitution provides that '[n]o State shall... pass any... Law impairing the Obligation of Contracts.") (emphasis added). Defendants are also ORDERED to be prepared to discuss these matters at Monday's hearing. Signed by Judge Leigh Martin May on 9/17/18. (hfm) (Entered: 09/17/2018)

NOTICE by Secretary of State Brian Kemp re 18 Order,,, Response to Court's Order (Correia, Cristina) (Entered: 09/20/2018)

RESPONSE re 18 Order,,, filed by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Anulewicz, Christopher) (Entered: 09/20/2018)

RESPONSE re 14 MOTION for Preliminary Injunction filed by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Lacy, William) (Entered: 09/21/2018)

RESPONSE re 15 Order Setting Hearing on Motion,, Re: Service on Defendants filed by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Attachments: # 1 Exhibit A (Defendants' Response to Motion for Preliminary Injunction))(Anulewicz, Christopher) (Entered: 09/21/2018)

Minute Entry for proceedings held before Judge Leigh Martin May: Motion Hearing held on 9/24/2018 re 14 MOTION for Preliminary Injunction. The Court heard from Plaintiffs' and Defendants' counsel. The motion was taken under advisement. A written order will follow. (Court Reporter Montrell Vann)(hfm) (Entered: 09/25/2018)

ORDER that Plaintiffs in both actions to amend their complaints to join Attorney General Christopher Carr to this action and serve him by Wednesday, September 26, 2018. The Attorney General is ORDERED to respond to the Plaintiffs' Motions for Preliminary Injunctions by Wednesday, October 3, 2018. The Attorney General may raise any immunity arguments in that brief, if he so chooses, but the Court also ORDERS the Attorney General to address Plaintiffs' arguments on the merits-specifically, whether the State had a public purpose in enacting these Acts. The parties are also ORDERED to serve the Attorney General with this Order simultaneously with their amended complaints. Plaintiffs are ORDERED to file Reply Briefs to the Attorney General's Response, if they so choose, by Monday, October 8, 2018. Signed by Judge Leigh Martin May on 9/25/18. (hfm) (Entered: 09/25/2018)

Second AMENDED COMPLAINT against All Defendants filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge.(Anulewicz, Christopher) 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: 09/26/2018)

REQUEST FOR WAIVER of Service mailed to Christopher M. Carr on 9/26/2018. (Anulewicz, Christopher) (Entered: 09/26/2018)

WAIVER OF SERVICE Returned Executed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. Christopher M. Carr waiver mailed on 9/26/2018, answer due 11/26/2018. (Anulewicz, Christopher) (Entered: 09/26/2018)

Joint MOTION for Extension of Time to File Answer re 25 Amended Complaint, by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. (Attachments: # 1 Text of Proposed Order)(Lacy, William) (Entered: 09/28/2018)

ORDER granting 28 Motion for Extension of Time to Answer re 25 Amended Complaint. Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, and Mildred Schmelz Answers due 10/17/2018. Signed by Judge Leigh Martin May on 10/1/18. (hfm) (Entered: 10/01/2018)

RESPONSE re 23 Motion Hearing, Intervenors' Argument Regarding Section 7.15(h) of Act 548 filed by City of Stockbridge, Georgia. (Attachments: # 1 Exhibit A - Act 179 of the 1929 General Assembly)(Quinn, Stephen) (Entered: 10/03/2018)

1 Exhibit A - Act 179 of the 1929 General Assembly

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MOTION for Leave to File Excess Pages by Christopher M. Carr. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 10/03/2018)

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction /Plaintiffs' Memorandum in Support of Their Motion for Preliminary Injunction, 14 MOTION for Preliminary Injunction filed by Christopher M. Carr. (Correia, Cristina) (Entered: 10/03/2018)

RESPONSE re 23 Motion Hearing, Intervenors' Argument that Stockbridge Should Pay Its Bonded Debt from Its Reserve Fund filed by City of Stockbridge, Georgia. (Attachments: # 1 Affidavit Declaration of Larry Kidwell, # 2 Exhibit A - Kidwell Qualifications, # 3 Exhibit B - Stockbridge 2017 Audit, # 4 Exhibit C - S&P Global Report, # 5 Exhibit D - Moodys Report)(Quinn, Stephen) (Entered: 10/03/2018)

1 Affidavit Declaration of Larry Kidwell

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2 Exhibit A - Kidwell Qualifications

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3 Exhibit B - Stockbridge 2017 Audit

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4 Exhibit C - S&P Global Report

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5 Exhibit D - Moodys Report

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ORDER granting 31 Motion for Leave to File Excess Pages. Signed by Judge Leigh Martin May on 10/3/18. (hfm) (Entered: 10/04/2018)

MINUTE ORDER extending the time for Plaintiffs to file their Reply to Christopher Carr's Response to the Motion for Preliminary Injunction to Friday, October 12, 2018. Approved by Judge Leigh Martin May on 10/04/2018. (rvb)

REPLY to Response to Motion re 14 MOTION for Preliminary Injunction /Plaintiffs' Memorandum in Support of Their Motion for Preliminary Injunction filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (Anulewicz, Christopher) Modified on 10/12/2018 to link to motion (btql). (Entered: 10/11/2018)

MOTION for Leave to File Third Amended Complaint with Brief In Support by City of Stockbridge, Georgia, Elton Alexander, John Blount, Urban Redevelopment Agency of the City of Stockbridge. (Attachments: # 1 Exhibit A-Proposed Third Amended Complaint)(Anulewicz, Christopher) Modified on 10/15/2018 to edit filers (btql). (Entered: 10/12/2018)

Notice for Leave of Absence for the following date(s): November 12-14, 2018, November 27, 2018, November 30, 2018, and December 12-13, 2018, by Christopher S. Anulewicz. (Anulewicz, Christopher) (Entered: 10/12/2018)

Submission of 14 MOTION for Preliminary Injunction to District Judge Leigh Martin May. (btql)

Defendants' Consolidated ANSWER to 25 Second Amended Complaint by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz. Discovery ends on 3/15/2019.(Lacy, William) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Text modified on 10/17/2018 (btql). (Entered: 10/16/2018)

Corporate Disclosure Statement by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz by Arch Brown, Andy Callaway, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz.(Lacy, William) (Entered: 10/16/2018)

Clerks Notation re 39 Corporate Disclosure Statement, reviewed and approved by LMM. (rvb)

ORDER DENYING 14 Motion for Preliminary Injunction. Signed by Judge Leigh Martin May on 10/19/2018. (btql) (Entered: 10/19/2018)

TRANSCRIPT of Proceedings held on 9/24/2018, before Judge Leigh Martin May. Court Reporter Montrell Vann, Telephone number 404-215-1549. Transcript may be purchased through the Court Reporter. Redaction Request due 11/16/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/24/2019. (Attachments: # 1 Appendix Notice of Filing of Transcript) (mv) (Entered: 10/26/2018)

MOTION for Reconsideration re 40 Order on Motion for Preliminary Injunction Expedited with Brief In Support by Elton Alexander, John Blount, City of Stockbridge, Georgia. (Attachments: # 1 Exhibit A (A ct 548 ), # 2 Exhibit B (Act 559, # 3 Exhibit C (Debt Agreement), # 4 Exhibit D (December 14, 2004 Revenue Bond), # 5 Exhibit E (November 14, 2004 Assignment and Security Agreement), # 6 Exhibit F (October 15, 2014 Master Absolute Assignment Agreement ), # 7 Exhibit G (Moodys Reports), # 8 Exhibit H (Stockbridge De-Annexation Analysis))(Anulewicz, Christopher) (Entered: 10/29/2018)

MINUTE ORDER: Defendants shall respond, if they so choose, by 5:00 PM on Friday, November 2, 2018 to Plaintiffs' 42 MOTION for Reconsideration re 40 Order on Motion for Preliminary Injunction. Approved by Judge Leigh Martin May on 10/30/2018. (rvb)

Submission of 36 MOTION for Leave to File Third Amended Complaint to District Judge Leigh Martin May. (btql)

ORDER GRANTING 36 Motion for Leave to File Third Amended Complaint and DENYING 42 Motion for Reconsideration. Signed by Judge Leigh Martin May on 11/1/2018. (btql) (Entered: 11/01/2018)

THIRD AMENDED COMPLAINT against Arch Brown, Andy Callaway, Christopher M. Carr, Jon Kirkpatrick, Tina Lunsford, Dan Richardson, Mildred Schmelz filed by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge.(btql) 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: 11/01/2018)

STIPULATION of Dismissal Without Prejudice by Elton Alexander, John Blount, City of Stockbridge, Georgia, Urban Redevelopment Agency of the City of Stockbridge. (Anulewicz, Christopher) (Entered: 11/15/2018)

Clerk's Entry of Dismissal APPROVING 45 Stipulation of Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (rvb)

Civil Case Terminated. (rvb)