Case: Andre v. Clayton County

Andre v. Clayton County, Georgia

Andre v. Clayton County, Georgia

Andre v. Clayton County, Georgia

Andre v. Clayton County, Georgia

Andre v. Clayton County, Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

Legal Defense Fund

COMPLAINT with Jury Demand (Filing fee $402, receipt number AGANDC-12121927) filed by Clayton English, Eric Andre. (Attachments: # 1 Civil Cover Sheet)(kxm) 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: 10/13/2022)

1 Civil Cover Sheet

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Electronic Summons Issued as to Aimee Branham, Kayin Campbell, Clayton County, Georgia, Tony Griffin, Michael Hooks, Kevin Roberts, C. Smith. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(kxm) (Entered: 10/13/2022)

Electronic Summons Issued as to Clayton County, Georgia. (kxm) (Entered: 10/17/2022)

PROPOSED SUMMONS filed by Eric Andre, Clayton English (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Deane, Richard) (Entered: 10/17/2022)

Electronic Summons Issued as to Aimee Branham, Kayin Campbell, Tony Griffin, C. Smith. (Attachments: # 1 Campbell summons, # 2 Griffin summons, # 3 Smith summons)(jpa) (Entered: 10/19/2022)

STANDING ORDER regarding Civil Litigation. Signed by Judge Mark H. Cohen on 10/21/2022. (lme) (Entered: 10/21/2022)

PROPOSED SUMMONS filed by Eric Andre, Clayton English (Deane, Richard) (Entered: 10/24/2022)

Return of Service Executed by Clayton English, Eric Andre. Aimee Branham served on 10/21/2022, answer due 11/14/2022. (Deane, Richard) (Entered: 10/24/2022)

Return of Service Executed by Clayton English, Eric Andre. C. Smith served on 10/21/2002, answer due 11/14/2002. (Deane, Richard) Modified on 10/27/2022 to modify case (rlh). (Entered: 10/24/2022)

Return of Service Executed by Clayton English, Eric Andre. Kayin Campbell served on 10/21/2022, answer due 11/14/2022. (Deane, Richard) (Entered: 10/24/2022)

Return of Service Executed by Clayton English, Eric Andre. Kevin Roberts served on 10/21/2022, answer due 11/14/2022. (Deane, Richard) (Entered: 10/24/2022)

Return of Service Executed by Clayton English, Eric Andre. Tony Griffin served on 10/21/2022, answer due 11/14/2022. (Deane, Richard) (Entered: 10/24/2022)

Electronic Summons Issued as to Michael Hooks. (jpa) (Entered: 10/25/2022)

APPLICATION for Admission of Barry Evan Friedman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12191435).by Eric Andre, Clayton English. (Nocharli, Rebecca) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/10/2022)

APPLICATION for Admission of Anne M Hudson-Price Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12191481).by Eric Andre, Clayton English. (Nocharli, Rebecca) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/10/2022)

APPLICATION for Admission of Paul David Meyer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12191499).by Eric Andre, Clayton English. (Nocharli, Rebecca) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/10/2022)

Return of Service Executed by Clayton English, Eric Andre. Clayton County, Georgia served on 11/10/2022, answer due 12/1/2022. (Deane, Richard) (Entered: 11/11/2022)

MOTION to Dismiss Plaintiff's Complaint with Brief In Support by Aimee Branham, Kayin Campbell, Tony Griffin, Michael Hooks, Kevin Roberts, C. Smith. (Attachments: # 1 Brief, # 2 Declaration of Aimee Branham, # 3 Declaration of C. Smith, # 4 Declaration of Chief Roberts, # 5 Declaration of Kayin Campbell, # 6 Declaration of Michael Hooks, # 7 Declaration of Tony Griffin, # 8 Declaration of S. Feggans)(Sabzevari, Arash) (Entered: 11/11/2022)

MOTION to Stay All Discovery and Memorandum of Law by Aimee Branham, Kayin Campbell, Tony Griffin, Michael Hooks, Kevin Roberts, C. Smith. (Attachments: # 1 Text of Proposed Order)(Sabzevari, Arash) (Entered: 11/11/2022)

APPROVAL by Clerks Office re: 16 APPLICATION for Admission of Paul David Meyer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12191499).. Attorney Paul David Meyer added appearing on behalf of Eric Andre and Clayton English (cdg)

Approval of Application for Admission Pro Hac Vice

APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Barry Evan Friedman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12191435). Attorney Barry Evan Friedman added appearing on behalf of Eric Andre and Clayton English (cdg)

Approval of Application for Admission Pro Hac Vice

APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Anne M Hudson-Price Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12191481). Attorney Anne M. Hudson-Price added appearing on behalf of Eric Andre, Clayton English (cdg)

MINUTE ORDER Granting 15 Application for Admission Pro Hac Vice OF Anne M. Hudson-Price by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 11/17/2022. 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.(lme)

Order on Application for Admission PHV

Minute Order Granting 16 Application for Admission Pro Hac Vice of Paul David Meyer by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 11/17/2022. 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.(lme)

APPLICATION for Admission of Farhang Heydari Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12210322).by Eric Andre, Clayton English. (Nocharli, Rebecca) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/21/2022)

Consent MOTION for Order Extending Time to Respond and Denying Motions to Dismiss and Stay as Moot by Aimee Branham, Kayin Campbell, Clayton County, Georgia, Tony Griffin, Michael Hooks, Kevin Roberts, C. Smith. (Attachments: # 1 Text of Proposed Order)(Sabzevari, Arash) (Entered: 11/23/2022)

Approval of Application for Admission Pro Hac Vice

APPROVAL by Clerks Office re: 20 APPLICATION for Admission of Farhang Heydari Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12210322).. Attorney Farhang Heydari added appearing on behalf of Eric Andre, Clayton English (kkh)

WAIVER OF SERVICE Returned Executed by Clayton English, Eric Andre. Aimee Branham waiver mailed on 11/17/2022, answer due 1/17/2023; Kayin Campbell waiver mailed on 11/17/2022, answer due 1/17/2023; Tony Griffin waiver mailed on 11/17/2022, answer due 1/17/2023; Michael Hooks waiver mailed on 11/17/2022, answer due 1/17/2023; Kevin Roberts waiver mailed on 11/17/2022, answer due 1/17/2023; C. Smith waiver mailed on 11/17/2022, answer due 1/17/2023. (Deane, Richard) (Entered: 11/28/2022)

ORDER granting 21 Motion for Order. Clayton County, Georgia's Answer is due on 1/16/2023. The 18 Motion to Dismiss and 19 Motion to Stay are DENIED AS MOOT. Signed by Judge Mark H. Cohen on 11/28/22. (jpa) (Entered: 11/28/2022)

Order on Application for Admission PHV

Minute Order Granting 20 Application for Admission Pro Hac Vice of Farhang Heydari by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 11/29/2022. 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.(lme)

First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Clayton English, Eric Andre.(Deane, Richard) 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: 12/30/2022)

Order on Application for Admission PHV

MINUTE ORDER Granting 14 Application for Admission Pro Hac Vice of Barry E. Friedman by CRD at the direction of the Clerk's Office. Approved by Judge Mark H. Cohen on 1/13/2023. 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.(lme)

MOTION to Dismiss Plaintiff's First Amended Complaint with Brief In Support by Aimee Branham, Kayin Campbell, Clayton County, Georgia, Tony Griffin, Michael Hooks, Kevin Roberts, C. Smith, Cameron Smith. (Attachments: # 1 Brief)(Sabzevari, Arash) (Entered: 01/17/2023)

1 Brief

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MOTION to Stay All Discovery and Memorandum of Law by Aimee Branham, Kayin Campbell, Clayton County, Georgia, Tony Griffin, Michael Hooks, Kevin Roberts, Cameron Smith. (Attachments: # 1 Text of Proposed Order)(Sabzevari, Arash) (Entered: 01/17/2023)

Unopposed MOTION for Extension of Time for Plaintiffs to Respond to Defendants' Motion to Dismiss and Motion to Stay All Discovery re: 25 MOTION to Dismiss Plaintiff's First Amended Complaint, 26 MOTION to Stay All Discovery and Memorandum of Law by Eric Andre, Clayton English. (Attachments: # 1 Text of Proposed Order)(Deane, Richard) (Entered: 01/19/2023)

ORDER granting 27 Unopposed MOTION for Extension of Time through 2/14/23 for Plaintiffs to Respond to Defendants' 25 MOTION to Dismiss Plaintiff's First Amended Complaint and 26 MOTION to Stay All Discover. Signed by Judge Mark H. Cohen on 1/19/23. (jpa) (Entered: 01/19/2023)

RESPONSE in Opposition re 25 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Eric Andre, Clayton English. (Deane, Richard) (Entered: 02/14/2023)

RESPONSE in Opposition re 26 MOTION to Stay All Discovery and Memorandum of Law filed by Eric Andre, Clayton English. (Deane, Richard) (Entered: 02/14/2023)

Submission to District Judge

Submission of 25 MOTION to Dismiss Plaintiff's First Amended Complaint, and 26 MOTION to Stay All Discovery and Memorandum of Law to District Judge Mark H. Cohen. (lme)

Unopposed MOTION for Extension of Time for Defendants to File Reply Briefs in Support of Motion to Dismiss and Motion to Stay All Discovery by Aimee Branham, Kayin Campbell, Clayton County, Georgia, Tony Griffin, Michael Hooks, Kevin Roberts, C. Smith, Cameron Smith. (Attachments: # 1 Text of Proposed Order)(Emmons, Chandler) (Entered: 02/22/2023)

ORDER granting 31 Unopposed MOTION for Extension of Time for Defendants to File Reply Briefs in Support of, 25 MOTION to Dismiss Plaintiff's First Amended Complaint, 26 MOTION to Stay All Discovery up to and including 3/14/2023. Signed by Judge Mark H. Cohen on 2/22/2023. (dob) (Entered: 02/22/2023)

MOTION for Order Withdrawing Annie Hudson-Price as Counsel for Plaintiffs by Eric Andre, Clayton English. (Nocharli, Rebecca) (Entered: 03/08/2023)

Order on Motion for Order

MINUTE ORDER Granting 33 Motion for Order to withdraw attorney Annie Hudon-Price. Approved by Judge Mark H. Cohen on 3/9/2023. (lme)

ORDER GRANTING IN PART and DENYING IN PART AS MOOT 26 Motion to Stay. The motion is GRANTED as to the parties' obligations to comply with the deadlines for conducting a Rule 26(f) conference, serving initial disclosures, and filing a joint preliminary report and discovery plan, pending this Court's ruling on Defendants' Motion to Dismiss. The motion is DENIED AS MOOT with respect to general discovery, which will not commence until after an answer has been filed. Signed by Judge Mark H. Cohen on 3/9/23. (jpa) (Entered: 03/09/2023)

MOTION for Leave to File Excess Pages for Reply Brief in Support of Motion to Dismiss by Aimee Branham, Kayin Campbell, Clayton County, Georgia, Tony Griffin, Michael Hooks, Kevin Roberts, C. Smith, Cameron Smith. (Attachments: # 1 Text of Proposed Order)(Sabzevari, Arash) (Entered: 03/10/2023)

ORDER granting 35 Motion for Leave to File excess pages. Defendants may file an additional 5 pages for a total of 20 pages to their reply brief in support of Defendants' Motion to Dismiss. Signed by Judge Mark H. Cohen on 3/10/23. (jpa) (Entered: 03/10/2023)

REPLY BRIEF re 25 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Aimee Branham, Kayin Campbell, Clayton County, Georgia, Tony Griffin, Michael Hooks, Kevin Roberts, C. Smith, Cameron Smith. (Sabzevari, Arash) (Entered: 03/14/2023)

Notice for Leave of Absence for the following date(s): 7/3/23-7/7/23,8/23/23-8/30/23,9/21/23-9/25/23,10/12/23-10/13/23,10/3/23-10/6/23,10/24/23-10/27/23, 11/7/23-11/10/23, by Arash A. Sabzevari. (Sabzevari, Arash) (Entered: 04/12/2023)

Notice for Leave of Absence for the following date(s): 8/16/23-8/21/23, by Arash A. Sabzevari. (Sabzevari, Arash) (Entered: 05/17/2023)

ORDER granting Defendants' 25 Motion to Dismiss. The Clerk is DIRECTED to close the case. Signed by Judge Mark H. Cohen on 9/5/23. (jpa) (Entered: 09/05/2023)

Terminated Case

CLERK'S JUDGMENT in favor of Defendants against Plaintiffs. (jpa)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 09/05/2023)

Civil Case Terminated. (jpa)

NOTICE OF APPEAL as to 40 Order on Motion to Dismiss, 41 Clerk's Judgment by Eric Andre, Clayton English. Filing fee $ 505, receipt number AGANDC-12926053. Transcript Order Form due on 10/17/2023 (Deane, Richard) (Entered: 10/03/2023)

USCA Appeal Transmission Letter to USCA- 11th Circuit re: 42 Notice of Appeal filed by Clayton English, and Eric Andre. (pjm) (Entered: 10/03/2023)

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: 42 Notice of Appeal. (pjm) (Entered: 10/03/2023)

USCA Acknowledgment of 42 Notice of Appeal filed by Clayton English, and Eric Andre. Case Appealed to USCA- 11th Circuit. Case Number 23-13253-E. (pjm) (Entered: 10/04/2023)

TRANSCRIPT ORDER FORM (No Hrgs) re: 42 Notice of Appeal. (Deane, Richard) Modified on 10/13/2023 to update text (pjm). (Entered: 10/13/2023)

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 42 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 23-13253-EE. The entire record on appeal is available electronically. (pjm)

Notice for Leave of Absence for the following date(s): 1/18/24-1/22/24,3/25/24-3/27/24,4/25/24-4/29/24,7/3/24-7/8/24,9/5/24-9/9/24,9/19/24-9/23/24, 10/18/24-10/21/24,10/24/24-10/28/24, by Arash A. Sabzevari. (Sabzevari, Arash) (Entered: 01/08/2024)

USCA Order: The motion to withdraw Farhang Heydari and Paul Meyer as counsel for the appellants is GRANTED re: 42 Notice of Appeal filed by Clayton English, Eric Andre. Case Appealed to USCA- 11th Circuit. Case Number 23-13253-HH. (pjm) (Entered: 04/12/2024)

Notice for Leave of Absence for the following date(s): 02/26-02/28/25, 03/27-03/28/25, 03/31/25, 04/10-04/11/25,04/14/25, 04/24-04/25/25, 04/28/25, 05/29-05/30/25,06/02-06/03/25, 07/03/25, 07/07-07/08/25, 08/07-08/08/25, 08/11/25, 09/02/25, 09/11-09/12/25, 09/15/25, 10/09-10/10/25, 10/13/25, by Arash A. Sabzevari. (Sabzevari, Arash) (Entered: 01/13/2025)