Case: A. v. Carlson

CLASS ACTION COMPLAINT filed by Leon C., Zack B., Isaac A., Samuel D., The Georgia Advocacy Office. (Filing fee $405, receipt number AGANDC-13131387) (Attachments: # 1 Civil Cover Sheet) (pdt) 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: 01/03/2024)

1 Civil Cover Sheet

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Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kathryn L. Rucker. Clerk to follow-up by 1/16/2024. (cpp) (Entered: 01/03/2024)

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Cathy E. Costanzo. Clerk to follow-up by 1/16/2024. (cpp) (Entered: 01/03/2024)

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Mona Ingram. Clerk to follow-up by 1/16/2024. (cpp) (Entered: 01/03/2024)

MOTION to File and Proceed Under Pseudonyms by Isaac A., Zack B., Leon C., Samuel D. (Attachments: # 1 Individual Plaintiffs' Memorandum in Support of their Motion to File and Proceed Under Pseudonyms)(Holloway, David) Modified on 1/4/2024 to edit filers (tmf). (Entered: 01/03/2024)

1 Individual Plaintiffs' Memorandum in Support of their Motion to File and P

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Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Samuel Hyams. Clerk to follow-up by 1/16/2024. (djs) (Entered: 01/03/2024)

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to M. Gadd. Clerk to follow-up by 1/16/2024. (djs) (Entered: 01/03/2024)

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Michele Floyd. Clerk to follow-up by 1/16/2024. (djs) (Entered: 01/03/2024)

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kimberly Lewis. Clerk to follow-up by 1/16/2024. (djs) (Entered: 01/03/2024)

APPLICATION for Admission of Cathy E Costanzo Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13135754).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/04/2024)

APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Cathy E Costanzo Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13135754).. Attorney Cathy E. Costanzo added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (djs)

Approval of Application for Admission Pro Hac Vice

APPLICATION for Admission of Kathryn L. Rucker Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13139285).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/07/2024)

APPLICATION for Admission of Mona Igram Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13139287).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/07/2024)

APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Kathryn L. Rucker Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13139285). Attorney Kathryn L. Rucker added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Approval of Application for Admission Pro Hac Vice

Approval of Application for Admission Pro Hac Vice

APPLICATION for Admission of Martha Geron Gadd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13142930).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/09/2024)

APPLICATION for Admission of Kimberly Lewis Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13142974).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/09/2024)

APPROVAL by Clerks Office re: 12 APPLICATION for Admission of Mona Igram Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13139287). Attorney Mona Igram added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

APPLICATION for Admission of Samuel Z. Hyams Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13144201).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/09/2024)

APPLICATION for Admission of Michele Floyd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13145396).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/09/2024)

APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Martha Geron Gadd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13142930). Attorney M. Gadd added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Approval of Application for Admission Pro Hac Vice

RETURN of 15 APPLICATION for Admission of Samuel Z. Hyams Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13144201) to attorney for correction. Reason for return: attorney must list all dates of admission to practice for the courts listed on the application. (esr)

RETURN of 16 APPLICATION for Admission of Michele Floyd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13145396) to attorney for correction. Reason for return: attorney must list all dates of admission to practice for the courts listed on the application. (esr)

Return of Application for Admission Pro Hac Vice

STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. Signed by Judge Amy Totenberg on 1/10/2024. (tmf) (Entered: 01/10/2024)

APPLICATION for Admission of Samuel Z. Hyams Pro Hac Vice.by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/10/2024)

APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Kimberly Lewis Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13142974). Attorney Kimberly Lewis added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

ORDER, by docket entry only, granting 11, 12, 13, and 14 Applications for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/11/24. 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.(hfm)

APPROVAL by Clerks Office re: 18 APPLICATION for Admission of Samuel Z. Hyams Pro Hac Vice. Attorney Samuel Hyams added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Approval of Application for Admission Pro Hac Vice

ORDER, by docket entry only, granting 18 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/11/24. 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.(hfm)

ORDER, by docket entry only, granting 10 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/11/24. 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.(hfm)

Order on Application for Admission PHV

APPLICATION for Admission of Michele Floyd Pro Hac Vice.by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/12/2024)

APPROVAL by Clerks Office re: 19 APPLICATION for Admission of Michele Floyd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13145396). Attorney Michele Floyd added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Approval of Application for Admission Pro Hac Vice

ORDER, by docket entry only, granting 19 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/16/24. 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.(hfm)

Order on Application for Admission PHV

Order on Motion for Extension of Time

APPLICATION for Admission of Frank H. Chang Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13160917).by Candice L. Broce, Russel Carlson, Kevin Tanner. (Webb, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/17/2024)

APPLICATION for Admission of Patrick Strawbridge Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13161002).by Candice L. Broce, Russel Carlson, Kevin Tanner. (Webb, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/17/2024)

CERTIFICATE of Compliance With Standing Order by Plaintiffs' Counsel (Orland, Devon) (Entered: 01/17/2024)

NOTICE of Appearance by Bryan K. Webb on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner (Webb, Bryan) (Entered: 01/17/2024)

Consent MOTION for Extension of Time to File a Response re: 5 MOTION to File and Proceed Under Pseudonyms with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Text of Proposed Order)(Webb, Bryan) (Entered: 01/17/2024)

ORDER, by docket entry only, granting 24 Motion for Extension of Time, through and including February 16, 2024, to file a response re 5 MOTION to File and Proceed Under Pseudonyms. Ordered by Judge Amy Totenberg on 1/17/24. (hfm)

APPROVAL by Clerks Office re: 20 APPLICATION for Admission of Frank H. Chang Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13160917). Attorney Frank H. Chang added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (esr)

APPROVAL by Clerks Office re: 21 APPLICATION for Admission of Patrick Strawbridge Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13161002). Attorney Patrick Strawbridge added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (esr)

Approval of Application for Admission Pro Hac Vice

ORDER, by docket entry only, granting 20 and 21 Applications for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/19/24. 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.(hfm)

Order on Application for Admission PHV

NOTICE by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office (Joint Notice Pursuant to L.R. 23.1(C)(2)) (Holloway, David) (Entered: 01/24/2024)

PROPOSED CONSENT ORDER Proposed Stipulated Confidentiality Protective Order. (Holloway, David) (Entered: 01/26/2024)

STIPULATED CONFIDENTIALITY PROTECTIVE ORDER: See document for specifics. Signed by Judge Amy Totenberg on 1/26/2024. (tmf) (Entered: 01/26/2024)

RESPONSE re 5 MOTION to File and Proceed Under Pseudonyms filed by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 02/09/2024)

Order on Motion for Miscellaneous Relief

ORDER, by docket entry only, granting 5 Motion to File and Proceed Under Pseudonyms. Ordered by Judge Amy Totenberg on 2/12/24. (hfm)

APPLICATION for Admission of C'Zar David Bernstein Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13251532).by Candice L. Broce, Russel Carlson, Kevin Tanner. (Webb, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 02/27/2024)

Consent MOTION for Leave to File consolidated brief in support of motion to dismiss by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 02/27/2024)

ORDER, by docket entry only, GRANTING IN PART 30 Motion for Leave to File Consolidated Brief. Defendants are DIRECTED to file a consolidated motion to dismiss not to exceed 50 pages. Plaintiffs may file a response brief not to exceed 50 pages. Defendants may file a reply brief not to exceed 30 pages. Ordered by Judge Amy Totenberg on 2/28/24. (hfm)

Order on Motion for Leave to File

APPROVAL by Clerks Office re: 29 APPLICATION for Admission of C'Zar David Bernstein Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13251532).. Attorney C'Zar Bernstein added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (djs)

Approval of Application for Admission Pro Hac Vice

ORDER, by docket entry only, granting 29 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 2/28/24. 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.(hfm)

Order on Application for Admission PHV

CERTIFICATE of Compliance with Standing Order (Strawbridge, Patrick) (Entered: 03/04/2024)

MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Brief Memorandum in Support)(Strawbridge, Patrick) (Entered: 03/04/2024)

1 Brief Memorandum in Support

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Order on Motion for Extension of Time

Consent MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss re: 32 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order)(Holloway, David) (Entered: 03/06/2024)

ORDER, by docket entry only, granting 33 Motion for Extension of Time, through and including April 1, 2024, to file a response re 32 MOTION to Dismiss. Ordered by Judge Amy Totenberg on 3/6/24. (hfm)

Order on Motion for Extension of Time

Consent MOTION for Extension of Time to Hold the Early Planning Conference by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 03/08/2024)

MOTION to Stay Discovery Proceedings until After the Filing of An Answer with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Brief in support of Motion to Stay)(Strawbridge, Patrick) (Entered: 03/08/2024)

1 Brief in support of Motion to Stay

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ORDER, by docket entry only, granting 34 Motion for Extension of Time to Hold the Early Planning Conference. The deadline for holding the Early Planning Conference is extended through and including April 1, 2024. Ordered by Judge Amy Totenberg on 3/8/24. (hfm)

RESPONSE in Opposition re 35 MOTION to Stay Discovery Proceedings until After the Filing of An Answer filed by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Gadd, Martha) (Entered: 03/11/2024)

REPLY to Response to Motion re 35 MOTION to Stay Discovery Proceedings until After the Filing of An Answer filed by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 03/12/2024)

Submission of 35 MOTION to Stay Discovery Proceedings until After the Filing of An Answer, to District Judge Amy Totenberg. (hfm)

Submission to District Judge

ORDER: The Court GRANTS IN PART Defendants' Motion to Stay [Doc. 35 ]. The Court ORDERS that the deadlines for the parties to conduct the Early Planning Conference, submit the JPRDP, and serve initial disclosures are hereby STAYED pending the Court's ruling on Defendants' Motion to Dismiss. However, if the Court denies the Motion to Dismiss, this stay SHALL be lifted and the parties SHALL comply with Local Rules 16.1, 16.2 and 26.1 (and so conduct the Early Planning Conference, submit the JPRDP, and exchange initial disclosures) within 14 days of the Court's ruling on the Motion to Dismiss. Signed by Judge Amy Totenberg on 3/28/2024. (tmf) (Entered: 03/28/2024)

RESPONSE in Opposition re 32 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Gadd, Martha) (Entered: 04/01/2024)

Order on Motion for Extension of Time

Consent MOTION for Extension of Time File Reply in Support of Motion to Dismiss re: 32 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 04/03/2024)

ORDER, by docket entry only, granting 40 Motion for Extension of Time, through and including April 29, 2024, to file a reply brief re 32 MOTION to Dismiss. Ordered by Judge Amy Totenberg on 4/3/24. (hfm)

NOTICE Of Filing Statement of Interest of the United States of America by United States Department of Justice (Kurtz, Beth) (Entered: 04/22/2024)

Unopposed MOTION for Extension of Time to file reply in support of motion to dismiss re: 32 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for leave to file additional pages by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 04/23/2024)

Order on Motion for Extension of Time

ORDER, by docket entry only, granting 42 Motion for Extension of Time, through and including May 6, 2024, to file a reply brief re 32 MOTION to Dismiss. Defendants reply brief may be up to forty (40) pages in length. Ordered by Judge Amy Totenberg on 4/24/24. (hfm)

REPLY to Response to Motion re 32 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 05/06/2024)

Submission of 32 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Amy Totenberg. (hfm)

Submission to District Judge

Notice for Leave of Absence for the following date(s): July 18-19, September 3-12, October 2 and October 11, by Devon Orland. (Orland, Devon) (Entered: 06/11/2024)

ORDER AND NOTICE. This Order provides notice to all parties with active cases before the Court that, as of July 1, 2024, the marvelous and extraordinarily capable Harry Martin will no longer be the Courtroom Deputy for the undersigned. Mr. Martin has ascended to a leadership position in the Clerk's Office where he will continue his superb service to the Court, and the public, at large. Please direct all future communications regarding court matters to the undersigned's new Courtroom Deputy, Keri Gardner, at keri_gardner@gand.uscourts.gov and 404-215-1437. Signed by Judge Amy Totenberg on 6/27/2024. (bgt) (Entered: 06/27/2024)

NOTICE by Candice L. Broce, Russel Carlson, Kevin Tanner of Supplemental Authority (Attachments: # 1 Exhibit Eleventh Circuit opinion)(Strawbridge, Patrick) (Entered: 08/22/2024)

1 Exhibit Eleventh Circuit opinion

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OPINION AND ORDER: Having addressed and rejected Defendants' passel of arguments, the Court DENIES IN FULL their Motion to Dismiss [Doc. 32 ]. Consistent with the Court's prior scheduling Order (Doc. 38 ), the parties SHALL conduct the Early Planning Conference, submit the JPRDP, and exchange initial disclosures within 14 days of this Order. Defendants' Answer SHALL be due within 14 days of this Order. Signed by Judge Amy Totenberg on 3/25/2025. (Attachments: # 1 Attachment 1) (tmf) (Entered: 03/25/2025)

NOTICE OF APPEAL as to 47 Order on Motion to Dismiss,,, Order on Motion to Dismiss for Failure to State a Claim,, by Candice L. Broce, Russel Carlson, Kevin Tanner. Case Appealed to USCA - 11th Circuit. Filing fee $ 605, receipt number AGANDC-14192683. Transcript Order Form due on 4/16/2025 (Strawbridge, Patrick) (Entered: 04/02/2025)

Transmission of Certified Copy of Notice of Appeal, Judgment, Order, and Docket Sheet to USCA- 11th Circuit re: 48 Notice of Appeal. There is no transcript. Appeal fees have been paid on 4/2/25; receipt# AGANDC-14192683. The District Judge is Amy Totenberg. (pjm) (Entered: 04/02/2025)

MOTION to Stay proceedings pending appeal or, alternatively, motion for extension of time with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Brief Memorandum in support of the motion)(Strawbridge, Patrick) (Entered: 04/04/2025)

MOTION to Stay proceedings pending appeal or, alternatively, motion for extension of time (CORRECTED) with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Brief Memorandum in support of the corrected motion)(Strawbridge, Patrick) (Entered: 04/04/2025)