Case details

Court: almd
Docket #: 2:06-cv-00626
Case Name: Garner-Russo v. State of Alabama et al (MAG+)
PACER case #: 33672
Date filed: 2006-07-17
Date terminated: 2006-09-28
Date of last filing: 2006-09-28
Assigned to: Honorable Judge W. Harold Albritton, III
Referred to: Honorable Delores R. Boyd
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Patricia Garner-Russo
Plaintiff
Patricia Garner-Russo
710 Augusta Farms Rd. Waynesboro, VA 22980 540-337-4587 PRO SE

State of Alabama
Defendant
Michael C. Joiner
Alabama Department of Human Resources 50 Ripley Street P.O. Box 304000 Montgomery, AL 36130 334-242-9330 Fax: 334-242-0689
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Department of Health and Human Resources
Defendant
Michael C. Joiner
(See above for address)
ATTORNEY TO BE NOTICED

Page Walley
Defendant
Michael C. Joiner
(See above for address)
ATTORNEY TO BE NOTICED

Deirdre M. March
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anita Scott Smith
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Brown
Defendant
Tenesha Felton
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kim Mashego
Defendant
Michael C. Joiner
(See above for address)
ATTORNEY TO BE NOTICED

Terry Beasley
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sandra L. Johnson
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sandi Gregory
Defendant
Robert Preston MacKenzie , III
Starnes Davis Florie LLP PO Box 598512 Birmingham, AL 35259-8512 205-868-6000 Fax: 205-868-6099 Email: rpm@starneslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Aldos Lamont Vance
Altec, Inc 210 Inverness Center Drive Birmingham, AL 35242 205-437-4139 Fax: 205-408-8601 Email: al.vance@altec.com
ATTORNEY TO BE NOTICED

Jason Bonar
Defendant
Frank Chadwick Morriss
Kirkland & Ellis LLP 2000 Interstate Park Drive; Suite 302 Montgomery, AL 36109 202-879-5996 Fax: 202-879-5200 Email: chad.morriss@kirkland.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard Brett Garrett
Rushton Stakely Johnston & Garrett PC 184 Commerce Street Montgomery, AL 36104 334-206-3100/3194 Fax: 334-481-0808 Email: bg@rsjg.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Trish Muscolino
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Tanveer
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Bazinet
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tracy Curry
Defendant
Michael C. Joiner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-07-17 1 0 Complaint COMPLAINT against all defendants (Filing fee $ 350.00 receipt number 110898.), filed by Patricia Garner-Russo.(cb, ) (Entered: 07/19/2006) 2009-09-02 05:17:35 60505cd3d6cb710db4478054b362d8f474c59f7d
2006-07-19 2 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE to Magistrate Judge Delores R. Boyd for action or recommendation on all pretrial matters. Signed by Judge W. Harold Albritton III on 7/19/2006. (cb, ) (Entered: 07/19/2006) 2009-09-02 05:17:53 2eb7d345bb78bbad011f4dc801e56e8dfef412f0
2006-08-08 3 0 Summons Issued Summons Issued: Summons and Complaint issued as to Kim Mashego, Terry Beasley, Sandra L. Johnson, Sandi Gregory, Jason Bonar, Trish Muscolino, Angela Tanveer, Karen Bazinet, Tracy Curry, Page Walley, Deirdre M. March, Anita Scott Smith, Lisa Brown, Tenesha Felton. (cb, ) (Entered: 08/08/2006) 2009-09-02 05:18:16 a8c2a37d7be9f7d39300edcf0589cd5f34bfc3cd
2006-08-10 4 0 Return Receipt Card Return Receipt Card showing service of Summons and Complaint signed by "Signature Illegible" for Page Walley served on 8/9/2006, answer due 8/29/2006. (cb, ) (Entered: 08/10/2006) 2009-09-02 05:17:38 e28e8bfc01bae4b07de9edd5c3a432432ae8e73f
2006-08-11 5 0 Return Receipt Card Return Receipt Card showing service of Summons and Complaint signed by Joe R. Bell for Tracy Curry served on 8/10/2006, answer due 8/30/2006; Deirdre M. March served on 8/10/2006, answer due 8/30/2006. Return Receipt Card showing service of Summons and Complaint signed by M. Aenthig for Jason Bonar served on 8/10/2006, answer due 8/30/2006; (cb, ) (Entered: 08/14/2006) 2009-09-02 05:18:36 32dda22c4f0dbae8145c60bbe4e6ff7be45c4676
2006-08-11 6 0 Summons Returned Unexecuted Summons and Complaint Returned Unexecuted as to Lisa Brown returned, with the following notation: No Longer Works For Agency. Contacted plaintiff by telephone concerning this matter. (cb, ) (Entered: 08/15/2006) 2009-09-02 05:17:55 e91f0240e1667cb1fa075b40f247770b85be8980
2006-08-14 7 0 Return Receipt Card Return Receipt Card showing service of Summons and Complaint signed by Dorothy for Kim Mashego served on 8/10/2006, answer due 8/30/2006; Terry Beasley served on 8/10/2006, answer due 8/30/2006; Sandra L. Johnson served on 8/10/2006, answer due 8/30/2006; Sandi Gregory served on 8/10/2006, answer due 8/30/2006; Trish Muscolino served on 8/10/2006, answer due 8/30/2006; Angela Tanveer served on 8/10/2006, answer due 8/30/2006; Karen Bazinet served on 8/10/2006, answer due 8/30/2006; Anita Scott Smith served on 8/10/2006, answer due 8/30/2006; Tenesha Felton served on 8/10/2006, answer due 8/30/2006. Note: Lisa Brown's return receipt card showing service of Summons and Complaint was served, however, it the Summons and Complaint was returned shortly after stating that service could not be perfected at the Jefferson County DHR because she was no longer an employer there. See entry 6 regarding this. (cb, ) (Entered: 08/15/2006) 2009-09-02 05:18:14 c4616edad5db3a0a1b2af02e93564e788f1eb4ab
2006-08-16 8 0 Summons Issued Summons Issued: Summons and Complaint issued as to the State of Alabama, and Department of Health and Human Resources mailed by cmrrr.(cb, ) (Entered: 08/16/2006) 2009-09-02 05:17:47 37b1d3c61ba77bb133793742240d018eb4b4690c
2006-08-16 9 0 Summons Returned Unexecuted Summons Returned Unexecuted: Summons and Complaint Returned UnExecuted as to Sandra L. Johnson with the following notation on envelope: Not Properly Served. Contacted plaintiff by mail concerning this matter. (cb, ) (Entered: 08/17/2006) 2009-09-02 05:18:30 b0feb07fce16f0b37b1cdcccc9cc6f07b50c69d9
2006-08-18 10 0 Summons Returned Unexecuted Summons Returned Unexecuted: Summons and Complait RETURNED EXECUTIED as to Sandi Gregory. Note: Sandi Gregory return receipt card showing service of Summons and Complaint was served,however; The Summons and Complaint was returned on 8/18/06 stating that service is improper because she no longer works at the Jefferson County Dept. of Human Resources. Contacted plaintiff by mail concerning this matter. (cb, ) (Entered: 08/18/2006) 2009-09-02 05:17:27 f0901b67d91c7880a93caa95c6835a0753652eec
2006-08-21 11 0 Return Receipt Card Return Receipt Card showing service of Summons and Complaint signed by "Signature Illegible" for Department of Health and Human Resources served on 8/17/2006, answer due 9/6/2006. (cb, ) (Entered: 08/21/2006) 2009-09-02 05:17:20 49fa98992500941719ceb6ec9b50434dfb817df6
2006-08-29 12 0 Motion for Extension of Time to File Answer MOTION for Extension of Time to File Answer by Jason Bonar. (Morriss, F.) (Entered: 08/29/2006) 2009-09-02 05:18:19 4422756aac5d922f55c134864132f3925b69813d
2006-08-30 13 0 Motion to Dismiss MOTION to Dismiss by Sandi Gregory. (Attachments: # 1 Exhibit Affidavit of Sandra Eubank Gregory)(Vance, Aldos) (Entered: 08/30/2006) 2009-09-02 05:18:32 b57c762365d5d4b7f740f7df5862a8c2b2274365
13 1 Exhibit Affidavit of Sandra Eubank Gregory 2009-09-02 05:18:23 7a8f5838ac5743a790784450e1ab15b4c57d0e61
2006-08-30 14 0 Order on Motion for Extension of Time to Answer ORDER granting 12 Motion for Extension of Time to Answer or file other responsive pleading. Answer due from Jason Bonar on 9/12/2006. Signed by Judge Delores R. Boyd on 8/30/2006. (cb, ) (Entered: 08/30/2006) 2009-09-02 05:17:40 b67eb55e5e56a707571061319950d5e341d96a4a
2006-08-30 15 0 Answer to Complaint ANSWER to Complaint by Department of Health and Human Resources, Page Walley, and Kim Mashego.(Joiner, Michael) Additional attachment(s) added on 9/8/2006 (cb, ). Modified on 9/8/2006 to add the corrected Answer and add Page Walley and Kim Mashego as filers to Answer (cb, ). (Entered: 08/30/2006) 2009-09-02 05:17:28 851543b58de2fe04a70218deb978773d4372734f
2006-08-30 16 0 Answer to Complaint (STRICKEN FROM RECORD AS A DUPLICATE TO 15 ANSWER] ANSWER to Complaint by Page Walley.(Joiner, Michael) Modified on 9/8/2006 (cb, ). (Entered: 08/30/2006) 2009-09-02 05:18:06 a5a37a6b8d28be1580e7ccc2f86a2efe2c95c049
2006-08-30 17 0 Answer to Complaint (STRICKEN FROM RECORD AS A DUPLICATE TO 15 ANSWER) ANSWER to Complaint by Kim Mashego.(Joiner, Michael) Modified on 9/8/2006 (cb, ). (Entered: 08/30/2006) 2009-09-02 05:18:02 eef9962da0026f6e691c00bba6ff3028be57f975
2006-08-30 18 0 Motion to Dismiss MOTION to Dismiss by Department of Health and Human Resources, Page Walley, and Kim Mashego. (Joiner, Michael) Additional attachment(s) added on 9/8/2006 (cb, ). Modified on 9/8/2006 to add the corrected Motion to Dismiss and add Kim Mashego and Page Walley as filers to Motion(cb, ). (Entered: 08/30/2006) 2009-09-02 05:18:25 28d0258562ba6142f4b0739559eea3425de769df
2006-08-30 19 0 Motion to Dismiss (STRICKEN FROM RECORD AS A DUPLICATE TO 18 Motion) MOTION to Dismiss by Page Walley. (Joiner, Michael) Modified on 9/8/2006 (cb, ). (Entered: 08/30/2006) 2009-09-02 05:17:57 6a7a5a719fa95cfa5cb66520c1e3db9be6d33855
2006-08-30 20 0 Motion to Dismiss (STRICKEN FROM RECORD AS A DUPLICATE TO 18 MOTION TO DISMISS) MOTION to Dismiss by Kim Mashego. (Joiner, Michael) Modified on 9/8/2006 (cb, ). (Entered: 08/30/2006) 2009-09-02 05:18:22 52d82ccf00edfcc4e19240d864327c6a70dac051
2006-08-30 21 0 Notice of Correction NOTICE of Correction re 15 Answer to Complaint and 18 MOTION to Dismiss. The original pleadings were e-filed failed to include Page Walley and Kim Mashego as filers to the pleadings. The corrected pdf documents are attached to this notice. (Attachments: # 1 Answer# 2 Motion to Dismiss)(cb, ) (Entered: 09/08/2006) 2009-09-02 05:18:39 dc95ab650103787c6551c4da369931ec9f440515
21 1 Answer 2009-09-02 05:17:34 964a3a7e09de6a1f93b4a66a80d41f5946edb0cf
21 2 Motion to Dismiss 2009-09-02 05:18:11 02708ec5a5036e89b7a1217b25d327848d8b76d2
2006-09-11 22 0 Notice of Appearance NOTICE of Appearance by Michael C. Joiner on behalf of Kim Mashego, Terry Beasley, Sandra L. Johnson, Trish Muscolino, Angela Tanveer, Karen Bazinet, Tracy Curry, State of Alabama, Department of Health and Human Resources, Page Walley, Deirdre M. March, Anita Scott Smith, Lisa Brown, Tenesha Felton (Joiner, Michael) (Entered: 09/11/2006) 2009-09-02 05:17:45 5b6357dadd0c157c262a399d8029730105a13a74
2006-09-12 23 0 Report and Recommendations REPORT AND RECOMMENDATIONS re 13 , 18 MOTION to Dismiss filed by Sandi Gregory, it is, therefore, the Recommendation of the Mag Judge that all pending motions be dismissed and that this entire action be dismissed with prejudice against all named defendants, including those for whom service has not been perfected; Objections to R&R due by 9/26/2006. Signed by Judge Delores R. Boyd on 9/12/06. (vma, ) (Entered: 09/12/2006) 2009-09-02 05:17:31 75bba04a173dcf0b38e2fc8b103d1237e23f63b2
2006-09-12 24 0 Motion to Dismiss MOTION to Dismiss by Jason Bonar. (Garrett, Richard) (Entered: 09/12/2006) 2009-09-02 05:17:42 966509c9db15df0c74f83a64e322f8069ed1ec0e
2006-09-12 25 0 Report and Recommendations SUPPLEMENTAL REPORT AND RECOMMENDATIONS entered solely to recommend that the previously recommended dismissal with prejudice of this litigation specify the grant of 24 MOTION to Dismiss filed by Jason Bonar, along with grants of the dismissal motions specified in the original Recommendation; that any objections to this Supplemental Recommendation shall be incorporated in her objections to the original Recommendation; said Objections to R&R due by 9/26/2006. Signed by Judge Delores R. Boyd on 9/12/2006. (cc, ) (Entered: 09/12/2006) 2009-09-02 05:18:09 f7db97f3d29a4e818d10b5bc88bb575a1cda5698
2006-09-28 26 0 Order Adopting Report and Recommendations ORDER as follows: (1) All pending Motions to Dismiss are granted, and the claims against the moving defendants are dismissed with prejudice; (2) This entire action is dismissed with prejudice against all named defendants, including those for whom service has not been perfected; (3) Final Judgment will be entered accordingly. . Signed by Judge W. Harold Albritton III on 9/28/2006. (cb, ) (Entered: 09/28/2006) 2009-09-02 05:17:59 7b85693a36a44e632f11460144eaf0ca7aa887a9
2006-09-28 27 0 Judgment FINAL JUDGMENT is entered in favor of all defendants and against the plaintiff, and this case is dismissed with prejudice . Signed by Judge W. Harold Albritton III on 9/28/2006. (Attachments: # 1 Civil Appeals Checklist)(cb, ) (Entered: 09/28/2006) 2009-09-02 05:17:23 50b5dd8ffe21d3cddbb5d13db16a9f508a890970
27 1 Civil Appeals Checklist 2009-09-02 05:17:49 6f646c5ed7b535a9badb9ed20403b91abfd0aacc