TERAMORE DEVELOPMENT LLC et al v. LOWNDES COUNTY GEORGIA et al
| Georgia Middle District Court | |
| Judge: | W Louis Sands |
| Case #: | 7:23-cv-00039 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1446 Notice of Removal |
| Case Filed: | Mar 28, 2023 |
| Terminated: | Nov 09, 2023 |
| Last checked: Sunday Sep 24, 2023 7:56 AM EDT |
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Defendant
LOWNDES COUNTY BOARD OF COMMISSIONERS
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Represented By
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Defendant
LOWNDES COUNTY GEORGIA
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Represented By
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Defendant
JOYCE E EVANS
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Represented By
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Defendant
CLAY GRINER
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Represented By
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Defendant
DEMARCUS MARSHALL
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Represented By
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Defendant
SCOTT ORENSTEIN
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Represented By
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Defendant
BILL SLAUGHTER
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Represented By
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Defendant
MARK WISENBAKER
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Represented By
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Plaintiff
TERAMORE DEVELOPMENT LLC
James Bates Brannan Groover LLP Post Office Box 4283
Macon, GA 31208 |
Represented By
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Plaintiff
MARY HARRIS
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Represented By
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GPO
Apr 21 2023
ORDER Plaintiff Teramore Development LLC is hereby ORDERED to file its corporate disclosures within seven (7) days of the entry of this Order. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 4/21/2023. (ksl) |
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GPO
Oct 20 2023
ORDER denying 18 Motion for Hearing; denying as moot 6 Motion to Dismiss for Failure to State a Claim; denying 8 Motion for Hearing; granting in part and denying in part 11 Motion to Remand. Counts I and III of Plaintiffs first Complaint (Doc. 3-1) are hereby SEVERED and REMANDED to the Superior Court of Lowndes County, Georgia. The only Count that remains in the above-styled action is Count II of Plaintiffs first Complaint. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 10/20/2023. (ggs) |
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GPO
Nov 09 2023
ORDER re 30 Stipulation of Dismissal filed by MARY HARRIS, TERAMORE DEVELOPMENT LLC. Upon consideration thereof, it is hereby ORDERED that the Parties' Stipulation of Dismissal with Prejudice 30 is ACCEPTED and GRANTED. The Court, therefore, orders that all Plaintiffs' claims pending against Defendant, Lowndes County, Georgia, are DISMISSED-WITH-PREJUDICE, with each party bearing their own attorneys' fees and costs. As a result, Defendant's Motion to Dismiss 25 and Motion for Hearing on Defendants' Motion to Dismiss 27 are DENIED-AS-MOOT. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/9/2023. (ksl) |
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GPO
Nov 09 2023
JUDGMENT dismissing case. (ksl) |
| Docket last updated: 72 minutes ago |
| Thursday, November 09, 2023 | ||
| 32 | 32
order
Judgment
Thu 11/09 9:10 AM
JUDGMENT dismissing case. (ksl) |
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| 31 | 31
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pgs
order
Order
Thu 11/09 8:58 AM
ORDER re30 Stipulation of Dismissal filed by MARY HARRIS, TERAMORE DEVELOPMENT LLC. Upon consideration thereof, it is hereby ORDERED that the Parties' Stipulation of Dismissal with Prejudice30 is ACCEPTED and GRANTED. The Court, therefore, orders that all Plaintiffs' claims pending against Defendant, Lowndes County, Georgia, are DISMISSED-WITH-PREJUDICE, with each party bearing their own attorneys' fees and costs. As a result, Defendant's Motion to Dismiss25 and Motion for Hearing on Defendants' Motion to Dismiss27 are DENIED-AS-MOOT. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/9/2023. (ksl) |
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| Tuesday, November 07, 2023 | ||
| 30 | 30
misc
Stipulation of Dismissal
Tue 11/07 11:46 AM
STIPULATION of Dismissal by MARY HARRIS, TERAMORE DEVELOPMENT LLC as to All Defendants (GROOVER, DUKE) |
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| Friday, October 20, 2023 | ||
| 29 | 29
misc
Letter
Fri 10/20 11:24 AM
Letter to the Superior Court Clerk of Lowndes County enclosing a certified copy of the Order remanding part of this case re28 Order on Motion for Hearing, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Remand. (ggs) |
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| 28 | 28
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pgs
order
Order on Motion for Hearing Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Remand
Fri 10/20 10:22 AM
ORDER denying18 Motion for Hearing; denying as moot6 Motion to Dismiss for Failure to State a Claim; denying8 Motion for Hearing; granting in part and denying in part11 Motion to Remand. Counts I and III of Plaintiffs first Complaint (Doc. 3-1) are hereby SEVERED and REMANDED to the Superior Court of Lowndes County, Georgia. The only Count that remains in the above-styled action is Count II of Plaintiffs first Complaint. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 10/20/2023. (ggs) |
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| Wednesday, June 14, 2023 | ||
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motion
Hearing
Wed 06/14 1:22 PM
MOTION for Hearing re25 MOTION to Dismiss Plaintiffs First Amended Notice of Appeal and Complaint by LOWNDES COUNTY GEORGIA filed by WALTER G ELLIOTT, II.(ELLIOTT, WALTER) |
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answer
Answer to Amended Complaint
Wed 06/14 1:18 PM
ANSWER to22 Amended Complaint/Petition, by LOWNDES COUNTY GEORGIA.(ELLIOTT, WALTER) |
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| 25 | 25
motion
Dismiss
Wed 06/14 1:12 PM
MOTION to Dismiss Plaintiffs First Amended Notice of Appeal and Complaint by LOWNDES COUNTY GEORGIA filed by WALTER G ELLIOTT, II.(ELLIOTT, WALTER) |
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Att: 1
Memorandum in Support of Motion to Dismiss
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| Wednesday, May 31, 2023 | ||
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misc
Corporate Disclosure Statement
Wed 05/31 1:29 PM
Corporate Disclosure Statement by MARY HARRIS, TERAMORE DEVELOPMENT LLC identifying Corporate Parent TERAMORE DEVELOPMENT PRICEVILLE LLC, Corporate Parent TERAMORE DEVELOPMENT MOULTRIE LLC, Corporate Parent TERAMORE CONSTRUCTION LLC, Other Affiliate N77TE LLC for TERAMORE DEVELOPMENT LLC. (GROOVER, DUKE) |
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misc
Amended Document
Wed 05/31 11:58 AM
AMENDED DOCUMENT by MARY HARRIS, TERAMORE DEVELOPMENT LLC,amending12 Corporate Disclosure Statement (GROOVER, DUKE) |
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| 22 | 22
cmp
Amended Complaint/Petition
Wed 05/31 11:56 AM
AMENDED3 Notice of Removal,,1 Notice of Removal, against JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER by MARY HARRIS, TERAMORE DEVELOPMENT LLC (GROOVER, DUKE) |
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notice
Notice of Deficiency
Wed 05/31 1:09 PM
Notice of Deficiency ; Document must be re-filed to add corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case. These must be added within CM/ECF while the document is being filedFile this document under Civil Events Other Filings Other Documents, corporate disclosure. Then add Amended to title.(ksl) |
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| Friday, May 26, 2023 | ||
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order
Order on Motion to Amend/Correct
Fri 05/26 11:13 AM
ORDER granting15 Motion to Amend/Correct. Plaintiffs are hereby ORDERED to file their First Amended Complaint within seven (7) days of the entry of this Order. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 5/26/2023. (ksl) |
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| Wednesday, May 24, 2023 | ||
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respm
Response to Motion
Wed 05/24 9:59 AM
RESPONSE filed by JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER re15 MOTION to Amend/Correct1 Notice of Removal, (ELLIOTT, WALTER) |
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| 19 | 19
respm
Reply to Response to Motion
Wed 05/24 9:54 AM
REPLY to Response filed by JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (ELLIOTT, WALTER) |
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| Thursday, May 18, 2023 | ||
| 18 | 18
motion
Hearing
Thu 05/18 11:44 AM
MOTION for Hearing re11 MOTION to Remand by JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER filed by WALTER G ELLIOTT, II.(ELLIOTT, WALTER) |
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| 17 | 17
respm
Response to Motion
Thu 05/18 10:33 AM
RESPONSE filed by JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER re11 MOTION to Remand(ELLIOTT, WALTER) |
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Att: 1
Exhibit Complaint in Teramore v Americus,
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Att: 2
Exhibit Notice of Removal in Teramore v Americus
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| Tuesday, May 16, 2023 | ||
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respm
Response to Motion
Tue 05/16 12:02 PM
RESPONSE filed by MARY HARRIS, TERAMORE DEVELOPMENT LLC re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (GROOVER, DUKE) |
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| Tuesday, May 09, 2023 | ||
| 15 | 15
motion
Amend/Correct
Tue 05/09 4:52 PM
MOTION to Amend/Correct1 Notice of Removal, by MARY HARRIS, TERAMORE DEVELOPMENT LLC filed by DUKE R GROOVER.(GROOVER, DUKE) |
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Att: 1
Exhibit Ex A - First Amended Notice of Appeal and Complaint
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| Friday, May 05, 2023 | ||
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pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 05/05 4:44 PM
ORDER granting in part re13 MOTION for Extension of Time to File RESPONSE as to6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiffs Motion to Extend the Deadline to file a Response until after this Court has ruled on Plaintiffs Motion to Remand is DENIED. The Court will, however, GRANT Plaintiffs alternative request that this Court extend the deadline to respond to Defendants Motion to Dismiss until May 16, 2023. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 5/5/2023. (ksl) |
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| Thursday, May 04, 2023 | ||
| 13 | 13
motion
Extension of Time to File Response/Reply/Objection
Thu 05/04 11:30 PM
MOTION for Extension of Time to File RESPONSE as to6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MARY HARRIS, TERAMORE DEVELOPMENT LLC filed by KATHRYN SMITH WILLIS.(WILLIS, KATHRYN) |
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| Friday, April 28, 2023 | ||
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misc
Corporate Disclosure Statement
Fri 04/28 12:22 PM
Corporate Disclosure Statement by TERAMORE DEVELOPMENT LLC (GROOVER, DUKE) |
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| 11 | 11
motion
Remand
Fri 04/28 12:19 PM
MOTION to Remand by MARY HARRIS, TERAMORE DEVELOPMENT LLC filed by DUKE R GROOVER.(GROOVER, DUKE) |
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Att: 1
Memorandum in Support Brief in Support of Motion to Remand
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| Monday, April 24, 2023 | ||
| 10 | 10
misc
Request for Local Rule 6.2/9.4 Clerk's Extension
Mon 04/24 12:53 PM
Request for Local Rule 6.2 Clerks Extension re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MARY HARRIS, TERAMORE DEVELOPMENT LLC (GROOVER, DUKE) |
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notice
Notice of Clerk's Granting of Extension
Mon 04/24 2:14 PM
Notice of Clerk's Granting of Extension Pursuant to Local Rule 6.2 re:6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOYCE E EVANS, LOWNDES COUNTY GEORGIA, LOWNDES COUNTY BOARD OF COMMISSIONERS, SCOTT ORENSTEIN, DEMARCUS MARSHALL, CLAY GRINER, MARK WISENBAKER, BILL SLAUGHTER.(ksl) |
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| Friday, April 21, 2023 | ||
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pgs
order
Order
Fri 04/21 10:37 AM
ORDER Plaintiff Teramore Development LLC is hereby ORDERED to file its corporate disclosures within seven (7) days of the entry of this Order. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 4/21/2023. (ksl) |
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| Tuesday, April 04, 2023 | ||
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motion
Hearing
Tue 04/04 3:37 PM
MOTION for Hearing re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER filed by WALTER G ELLIOTT, II.(ELLIOTT, WALTER) |
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answer
Answer to Complaint
Tue 04/04 3:33 PM
ANSWER to3 Notice of Removal,, by JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER.(ELLIOTT, WALTER) |
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| 6 | 6
motion
Dismiss for Failure to State a Claim
Tue 04/04 3:07 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER filed by WALTER G ELLIOTT, II.(ELLIOTT, WALTER) |
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Att: 1
Memorandum in Support Memorandum of Law in Support,
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Att: 2
Exhibit Exhibit A - Lowndes County ULDC,
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Att: 3
Exhibit Exhibit B - Joint Ordinance Continuing GLPC,
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Att: 4
Exhibit Exhibit C - GLPC Meeting Minutes,
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Att: 5
Exhibit Exhibit D - GLPC Agenda Item,
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Att: 6
Exhibit Exhibit E - LCBOC Meeting Minutes,
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Att: 7
Exhibit Exhibit F - LCBOC Agenda Item,
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Att: 8
Exhibit Exhibit G - Order - Teramore v City of Americus,
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Att: 9
Exhibit Exhibit H - City of Americus Zoning Ordinance
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notice
Notice of Deficiency
Tue 04/04 9:28 AM
Notice of Deficiency ; TERAMORE DEVELOPMENT LLC - All nongovernmental corporate parties must file a Corporate Disclosure Statement. Please file the required corporate disclosures immediately. See Local Rule 87.1.(ksl) |
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notice
Notice of Deficiency
Tue 04/04 4:52 PM
Notice of Deficiency ; Notice to Counsel - WALTER ELLIOTT. The e mail address on the document does not match your e mail address in CM/ECF. If necessary, please update your e mail address via PACER. (ksl) |
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| Friday, March 31, 2023 | ||
| 5 | 5
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pgs
order
Order on Motion for Leave to File Excess Pages
Fri 03/31 11:07 AM
ORDER granting in part4 Motion for Leave to File Excess Pages. Defendants shall have thirty-five (35) pages with which to present their 12(b)(6) Motion to Dismiss. Without objection, Plaintiffs are also afforded fifteen (15) additional pages with which to file their Response. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 3/31/2023. (ksl) |
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| Wednesday, March 29, 2023 | ||
| 4 | 4
motion
File Excess Pages
Wed 03/29 10:15 AM
MOTION for Leave to File Excess Pages for Memorandum of Law In Support of Motion to Dismiss by JOYCE E EVANS, CLAY GRINER, LOWNDES COUNTY BOARD OF COMMISSIONERS, LOWNDES COUNTY GEORGIA, DEMARCUS MARSHALL, SCOTT ORENSTEIN, BILL SLAUGHTER, MARK WISENBAKER filed by CHARLES H WATT, IV.(WATT, CHARLES) |
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| 3 | 3
notice
Notice of Removal
Wed 03/29 10:04 AM
NOTICE OF REMOVAL against All Plaintiffs Fee paid: Receipt # AGAMDC-4333697, $402 filed by All Defendants All parties must refile pending motions from the court of origin in this new case. (WATT, CHARLES) |
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Att: 1
Exhibit Notice of Appeal of Rezoning Decision and Complaint in Equity Challenging Legislative Action For Declaratory Judgment and for Writ of Mandamus,
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Att: 2
Exhibit All State Court Filings,
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Att: 3
Exhibit Notice of Filing Notice of Removal
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notice
Notice of Deficiency
Wed 03/29 9:26 AM
Notice of Deficiency ; Parties were added using punctuation AND/OR title capitalization. The attorney case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. Please do not re-file, corrected by case manager. Document must be re-filed to include a description of attachment(s). A generic identifier such as Exhibit A or Exhibit 1 is not acceptable. An example of a properly identified attachment would be Exhibit A Letter from A. Hamilton to A. Burr. See CM/ECF Administrative Procedures, page 13 1 Notice of Removal and2 Motion for Leave to File Excess Pages filed by LOWNDES COUNTY GEORGIA,The PACER login ID and password used to electronically file a document constitutes the Participants electronic signature for all purposes under the Federal Rules. Document must be re-filed using the user credentials of the name of the attorney in the signature block. See CM/ECF Administrative Procedures, page 7.(ksl) |
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| Tuesday, March 28, 2023 | ||
| 2 | 2
motion
File Excess Pages
Tue 03/28 5:02 PM
MOTION for Leave to File Excess Pages for Memorandum of Law In Support of Motion to Dismiss by LOWNDES COUNTY GEORGIA filed by CHARLES H WATT, IV.(WATT, CHARLES) |
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| 1 | 1
notice
Notice of Removal
Tue 03/28 4:33 PM
NOTICE OF REMOVAL against All Plaintiffs Fee paid: Receipt # AGAMDC-4333211, $402 filed by All Defendants All parties must refile pending motions from the court of origin in this new case. (WATT, CHARLES) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C
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