Case details

Court: gand
Docket #: 1:11-cv-01337
Case Name: Goode v. Wings of Alpharetta, Inc.
PACER case #: 174601
Date filed: 2011-04-26
Date of last filing: 2012-02-27
Assigned to: Judge William S. Duffey, Jr
Referred to: Magistrate Judge C. Christopher Hagy
Case Cause: 42:2000 Job Discrimination (Race)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Charles W. Goode
Plaintiff
On behalf of himself and all non-exempt Employees of Wild Wing Cafe both past & present who consent to representation
Katrenia Charlene Goode
Goode Law LLC Suite 400 555 Northpoint Center E Alpharetta, GA 30022 770-755-1762 Email: kgoode@goodelawyer.net
ATTORNEY TO BE NOTICED

Paul Joseph Sharman
The Sharman Law Firm, LLC Suite 100 11175 Cicero Drive Alpharetta, GA 30022 678-242-5297 Email: paul@sharman-law.com
TERMINATED: 02/10/2012

Wild Wing Cafe
Defendant
TERMINATED: 07/21/2011 doing business asTapps Two LLC TERMINATED: 07/21/2011
Genevieve Helen Dame
Friedman Dever & Merlin 5555 Glenridge Connector, N.E. Suite 925 Atlanta, GA 30342-4728 404-236-8612 Fax: 404-236-8601 Email: GDame@FDMlaw.com
TERMINATED: 08/03/2011

Wendy Tapp
Defendant
Individually TERMINATED: 07/21/2011
Genevieve Helen Dame
(See above for address)
TERMINATED: 08/03/2011

Dean Tapp
Defendant
Individually TERMINATED: 07/21/2011
Genevieve Helen Dame
(See above for address)
TERMINATED: 08/03/2011

Wings of Alpharetta Inc.
Defendant
Eckhart Blackert
Mills & Hoopes, LLC Suite 130 1550 North Brown Road Lawrenceville, GA 30043 770-813-8111
ATTORNEY TO BE NOTICED

Justyn Dylan Alioto
Mills & Hoopes, LLC Suite 130 1550 North Brown Road Lawrenceville, GA 30043 770-513-8111 Fax: 770-513-8150 Email: justyn@millshoopeslaw.com
ATTORNEY TO BE NOTICED

Scott Robert Hoopes
Mills & Hoopes, LLC Suite 130 1550 North Brown Road Lawrenceville, GA 30043 770-513-8111 Fax: 770-513-8150 Email: scott@millshoopeslaw.com
ATTORNEY TO BE NOTICED

Timothy Sheffield Walls
Mills & Hoopes, LLC Suite 130 1550 North Brown Road Lawrenceville, GA 30043 770-513-8111 Email: tim@millshoopeslaw.com
ATTORNEY TO BE NOTICED

Greg Dockery
Defendant
Individually
Scott Robert Hoopes
(See above for address)
ATTORNEY TO BE NOTICED

Vipul Patel
Defendant
Individually, and other
Scott Robert Hoopes
(See above for address)
ATTORNEY TO BE NOTICED

John Doe(s) Owners
Defendant
Individually

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-04-26 1 0 Complaint COMPLAINT with Jury Demand filed by Charles W. Goode. Filing fee $350, receipt number 113E-3267222. ( Attachments: # 1 Civil Cover Sheet)(jtj) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/26/2011)
2011-04-26 2 0 Motion to Certify Class MOTION to Certify Class by Charles W. Goode (Motion contained within complaint). (jtj) (Entered: 04/26/2011)
2011-04-26 3 0 Summons Issued Summons Issued as to Wild Wing Cafe. (kt) (Entered: 04/28/2011)
2011-05-13 4 0 Motion for Extension of Time to File Answer Joint MOTION for Extension of Time to File Answer Or Otherwise Plead by Wild Wing Cafe. (Dame, Genevieve) (Entered: 05/13/2011)
2011-05-16 5 0 Order on Motion for Extension of Time to Answer ORDER GRANTING 4 Motion for Extension of Time to Answer re 1 Complaint. Wild Wing Cafe Answer due 6/3/2011. Signed by Magistrate Judge C. Christopher Hagy on 5/16/2011. (kt) (Entered: 05/16/2011)
2011-05-18 6 0 Amended Complaint First AMENDED COMPLAINT against Wild Wing Cafe, filed by Charles W. Goode.(Goode, Katrenia) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/18/2011)
2011-06-02 7 0 Motion for Extension of Time to File Answer MOTION for Extension of Time to File Answer by Dean Tapp, Wendy Tapp, Wild Wing Cafe. (Attachments: # 1 Text of Proposed Order)(Dame, Genevieve) (Entered: 06/02/2011)
2011-06-02 8 0 Notice (Other) NOTICE by Dean Tapp, Wendy Tapp, Wild Wing Cafe Dismissal of Motion for Extension of Time to Answer or Otherwise Plead (Dame, Genevieve) (Entered: 06/02/2011)
2011-06-02 9 0 Motion for Extension of Time to File Answer Joint MOTION for Extension of Time to File Answer or Otherwise Plead by Dean Tapp, Wendy Tapp, Wild Wing Cafe. (Attachments: # 1 Text of Proposed Order)(Dame, Genevieve) (Entered: 06/02/2011)
2011-06-03 10 0 Order on Motion for Extension of Time to Answer ORDER GRANTING 9 Motion for Extension of Time for defendant Wild Wing Cafe d/b/a Tapps Two to Answer Plaintiff's 6 Amended Complaint; Wild Wing Cafe Answer due 7/19/2011. DENYING as moot 7 Motion for Extension of Time for Defendant. Signed by Magistrate Judge C. Christopher Hagy on 6/3/2011. (kt) (Entered: 06/03/2011)
2011-06-22 11 0 Motion to Dismiss MOTION to Dismiss with Brief In Support by Greg Dockery. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Hoopes, Scott) (Entered: 06/22/2011)
2011-06-22 12 0 Notice of Appearance NOTICE of Appearance by Katrenia Charlene Goode on behalf of Charles W. Goode (Goode, Katrenia) (Entered: 06/22/2011)
2011-06-24 13 0 Summons Issued Summons Issued as to Greg Dockery. (kt) (Entered: 06/27/2011)
2011-07-12 14 0 Waiver of Service Executed WAIVER OF SERVICE Returned Executed by Charles W. Goode. Dean Tapp waiver mailed on 5/20/2011, answer due 7/19/2011. (kt) (Entered: 07/13/2011)
2011-07-12 15 0 Waiver of Service Executed WAIVER OF SERVICE Returned Executed by Charles W. Goode. Wendy Tapp waiver mailed on 5/20/2011, answer due 7/19/2011. (kt) (Entered: 07/13/2011)
2011-07-14 16 0 Proposed Order PROPOSED ORDER Order on Defendant Greg Dockery's Motion to Dismiss re: 11 MOTION to Dismiss. (Hoopes, Scott) (Entered: 07/14/2011)
2011-07-13 17 0 Summons Issued Summons Issued as to Vipul Patel. (kt) (Additional attachment(s) added on 7/15/2011: # 1 RA: Vipul Patel) (kt). (Entered: 07/15/2011)
2011-07-15 18 0 Response in Opposition to Motion RESPONSE in Opposition re 11 MOTION to Dismiss by Defendant Dockery filed by Charles W. Goode. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Sharman, Paul) (Entered: 07/15/2011)
2011-07-15 19 0 Notice of Filing CERTIFICATE OF SERVICE re: Response to Motion to Dismiss by Charles W. Goode re 18 Response in Opposition to Motion Revised Certificate of Service (Sharman, Paul) Modified on 7/18/2011 (kt). (Entered: 07/15/2011)
2011-07-19 20 0 Motion to Dismiss MOTION to Dismiss in Lieu of Filing Answer with Brief In Support by Dean Tapp, Wendy Tapp, Wild Wing Cafe. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit A - part 2, # 4 Exhibit B)(Dame, Genevieve) (Entered: 07/19/2011)
2011-07-19 21 0 Motion for Default Judgment MOTION for Default Judgment as to Wings of Alpharetta, Inc. by Charles W. Goode. (Attachments: # 1 Exhibit Tapps Two Corporate Registration, # 2 Exhibit Wings of Alpharetta Corporate Registration, # 3 Exhibit Tapps Two Updated Registration, # 4 Exhibit Asset Purchase Agreement, # 5 Exhibit Dockery Proof of Service, # 6 Exhibit Wings of Alpharetta Proof of Service)(Sharman, Paul) (Entered: 07/19/2011)
2011-07-19 22 0 Motion to Strike MOTION to Strike 2 MOTION to Certify Class or in the Alternative, Motion for More Definite Statement with Brief In Support by Dean Tapp, Wendy Tapp, Wild Wing Cafe. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit A-part 2, # 4 Exhibit B)(Dame, Genevieve) . Added MOTION for More Definite Statement on 7/20/2011 (kt). (Entered: 07/19/2011)
2011-07-19 23 0 Response to Motion RESPONSE re 2 MOTION to Certify Class filed by Dean Tapp, Wendy Tapp, Wild Wing Cafe. (Attachments: # 1 Exhibit A, # 2 Exhibit A-part 2, # 3 Exhibit B)(Dame, Genevieve) (Entered: 07/19/2011)
2011-07-21 24 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal as to Defendants Tapps Two, LLC, Wendy Tapp and Dean Tapp filed by Charles W. Goode (Sharman, Paul) (Entered: 07/21/2011)
2011-07-25 25 0 Motion to Strike MOTION to Strike 2 MOTION to Certify Class, MOTION for More Definite Statement with Brief In Support by Greg Dockery. (Attachments: # 1 Brief Support of Motion to Strike, or in the alternative, Motion for More Definite Statement, # 2 Exhibit Exhibit A - EEOC Notice, # 3 Exhibit Exhibit B - Georgia Department of Labor Determination, # 4 Exhibit Exhibit C - Plaintiff's Amended Complaint with Proposed Revisions)(Hoopes, Scott) (Entered: 07/25/2011)
2011-07-26 26 0 Reply to Response to Motion REPLY to Response to Motion re 11 MOTION to Dismiss filed by Greg Dockery. (Attachments: # 1 Exhibit Caselaw - Pharmacia Corp. et al. v. Suggs, # 2 Exhibit Affidavit - Steven M. Mills, Esq.)(Hoopes, Scott) (Entered: 07/26/2011)
2011-08-02 27 0 Reply to Response to Motion DOCUMENT FILED IN ERROR, re-filed at 28 REPLY to Response to Motion re 11 MOTION to Dismiss by Defendant Dockery filed by Charles W. Goode. (Sharman, Paul) Modified on 8/3/2011 (kt). (Entered: 08/02/2011)
2011-08-02 28 0 Motion for Leave to File MOTION for Leave to File Motion for Leave to File Surreply to Defendant Dockery's Motion to Dismissby Charles W. Goode. (Sharman, Paul) (Entered: 08/02/2011)
2011-08-02 29 0 Motion to Exclude MOTION to Exclude Dismissed Defendants' Attorneys from ECF Notificationby Charles W. Goode. (Sharman, Paul) (Entered: 08/02/2011)
2011-08-02 30 0 Motion to Dismiss MOTION to Dismiss with Brief In Support by Wings of Alpharetta Inc.. (Attachments: # 1 Brief Brief in Support of Motion to Dismiss, # 2 Exhibit EEOC Notice, # 3 Exhibit EEOC Mediation Confirmation, # 4 Exhibit Georgia Department of Labor Letter)(Hoopes, Scott) (Entered: 08/02/2011)
2011-08-02 31 0 Response in Opposition to Motion RESPONSE in Opposition re 21 MOTION for Default Judgment as to Wings of Alpharetta, Inc. filed by Wings of Alpharetta Inc.. (Hoopes, Scott) (Entered: 08/02/2011)
2011-08-03 32 0 Order on Motion for Leave to File ORDER DENYING AS MOOT 20 Motion to Dismiss, 22 Motion to Strike, 22 Motion for More Definite Statement. Plaintiff's 21 Motion for Default Judgment is DENIED, and Plaintiff's 28 Motion for Leave to File and 29 Motion to Exclude are GRANTED. The Clerk is DIRECTED to remove the e-mail addresses for Genevieve Helen Dame, counsel for Former Defendants, from the automatic distribution list for this action. Signed by Magistrate Judge C. Christopher Hagy on 8/3/2011. (kt) (Entered: 08/03/2011)
2011-08-03 33 0 Motion to Dismiss MOTION to Dismiss with Brief In Support by Vipul Patel. (Attachments: # 1 Brief Brief in Support of Motion to Dismiss, # 2 Exhibit EEOC Notice)(Hoopes, Scott) (Entered: 08/03/2011)
33 1 Brief Brief in Support of Motion to Dismiss
33 2 Exhibit EEOC Notice
2011-08-04 34 0 Return of Service Executed Return of Service Executed by Charles W. Goode. Vipul Patel and RA: Vipul Patel served on 7/14/2011, answer due 8/4/2011. (Attachments: # 1 Vipul Patel)(kt) (Entered: 08/05/2011)
2011-08-09 35 0 Response in Support of Motion RESPONSE in Support re 25 MOTION to Strike 2 MOTION to Certify Class MOTION for More Definite Statement MOTION to Strike 2 MOTION to Certify Class Conditionally filed by Charles W. Goode. (Attachments: # 1 Affidavit James Bussey affidavit, # 2 Affidavit Marianna Bussey affidavit, # 3 Affidavit Charles Goode affidavit, # 4 Affidavit Oliver White affidavit, # 5 Supplement FLSA consent MB)(Goode, Katrenia) (Entered: 08/09/2011)
2011-08-09 36 0 Certificate of Service CERTIFICATE OF SERVICE re 35 Response in Support of Motion, filed by Charles W. Goode Revised (Sharman, Paul) (Entered: 08/09/2011)
2011-08-09 37 0 Notice of Filing NOTICE Of Filing Plaintiff's Reply to Defendant Dockery's Motion to Strike, or in the Alternative, Motion for a more definite statement by Charles W. Goode re 35 Response in Support of Motion, made pursuant to FRCP6(b) (Attachments: # 1 Supplement Server ticket, # 2 Supplement Server ticket, # 3 Supplement Server ticket)(Goode, Katrenia) (Entered: 08/09/2011)
2011-08-22 38 0 Reply to Response to Motion REPLY to Response to Motion re 25 MOTION to Strike 2 MOTION to Certify Class MOTION for More Definite Statement MOTION to Strike 2 MOTION to Certify Class filed by Greg Dockery. (Hoopes, Scott) (Entered: 08/22/2011)
2011-08-23 39 0 Proposed Order PROPOSED ORDER Order on Defendant Wings of Alpharetta, Inc.'s Motion to Dismiss re: 30 MOTION to Dismiss. (Hoopes, Scott) (Entered: 08/23/2011)
2011-08-23 40 0 Proposed Order PROPOSED ORDER Order on Defendant Vipul Patel's Motion to Dismiss re: 33 MOTION to Dismiss. (Hoopes, Scott) (Entered: 08/23/2011)
2011-08-23 41 0 Affidavit AFFIDAVIT re 30 MOTION to Dismiss, 11 MOTION to Dismiss, 33 MOTION to Dismiss, 25 MOTION to Strike 2 MOTION to Certify Class MOTION for More Definite Statement MOTION to Strike 2 MOTION to Certify Class, 38 Reply to Response to Motion by Charles W. Goode. (Sharman, Paul) (Entered: 08/23/2011)
2011-08-23 42 0 Response in Opposition to Motion RESPONSE in Opposition re 30 MOTION to Dismiss filed by Charles W. Goode. (Goode, Katrenia) Modified on 8/25/2011 to remove double wording (rej). (Entered: 08/24/2011)
2011-08-24 43 0 Response to Motion RESPONSE re 33 MOTION to Dismiss filed by Charles W. Goode. (Attachments: # 1 Affidavit James Bussey)(Goode, Katrenia) (Entered: 08/24/2011)
2011-08-29 44 0 Motion for Costs MOTION for Costs of Service for Non-waiver with Brief In Support and MOTION for Extension of Time for Pretrial Deadlines by Charles W. Goode. (Attachments: # 1 Brief FRCP 4 fees for refusal to waive, # 2 Supplement Certificate of service, # 3 Exhibit service invoice, # 4 Exhibit service invoice, # 5 Exhibit 8, # 6 Exhibit 7 ; affidavit process server, # 7 Exhibit 6, # 8 Exhibit 5 email s.hoopes non, # 9 Exhibit Exhibit 3, # 10 Exhibit 2 email s. hoopes recieved waiver, # 11 Exhibit 1 postage recies)(Goode, Katrenia) . Modified on 8/29/2011 to add Motion (rej). (Entered: 08/29/2011)
2011-09-06 45 0 Reply to Response to Motion REPLY to Response to Motion re 30 MOTION to Dismiss filed by Wings of Alpharetta Inc.. (Hoopes, Scott) (Entered: 09/06/2011)
2011-09-07 46 0 Notice of Filing NOTICE Of Filing Costs of service by Charles W. Goode re 44 MOTION for Costs of Service for Non-waiver MOTION for Extension of Time (Attachments: # 1 Exhibit Exhibit B, # 2 Affidavit Affidavit Dwayne Key, # 3 Supplement Certificate of mailing)(Goode, Katrenia) (Entered: 09/07/2011)
2011-09-07 47 0 Reply to Response to Motion REPLY to Response to Motion re 33 MOTION to Dismiss filed by Vipul Patel. (Hoopes, Scott) (Entered: 09/07/2011)
2011-09-12 48 0 Response in Opposition to Motion RESPONSE in Opposition re 44 MOTION for Costs of Service for Non-waiver MOTION for Extension of Time filed by Greg Dockery, Vipul Patel, Wings of Alpharetta Inc.. (Attachments: # 1 Exhibit Exhibit A - Affidavit, # 2 Exhibit Exhibit B - E-mail)(Hoopes, Scott) (Entered: 09/12/2011)
2011-09-13 49 0 Motion to Amend Ex Parte MOTION to Amend 39 Proposed Order, 41 Affidavit, 45 Reply to Response to Motion, 33 MOTION to Dismiss, 40 Proposed Order, 6 Amended Complaint, Submission to Magistrate Judge, 42 Response in Opposition to Motion, 30 MOTION to Dismiss, 11 MOTION to Dismiss, 43 Response to Motion, 47 Reply to Response to Motion, 16 Proposed Order with Brief In Support by Charles W. Goode. (Attachments: # 1 Brief In support of motion to amend the complaint, # 2 Supplement Proposed amended complaint, # 3 Supplement certification of font)(Goode, Katrenia) (Entered: 09/13/2011)
2011-09-13 50 0 Report and Recommendation NON FINAL REPORT AND RECOMMENDATION: The undersigned RECOMMENDS that Defendants' Motions to Dismiss 11 30 33 be GRANTED IN PART, that Defendant Greg Dockery's 25 Motion to Strike be GRANTED, and that Plaintiff's 2 Motion to Certify Class be STRICKEN. Plaintiff's Title VII and Section 1981 claims against individual Defendants Dockery, Patel, and Doe(s) should be DISMISSED WITH PREJUDICE. Plaintiff's FLSA claims against all Defendants should be DISMISSED WITHOUT PREJUDICE. Plaintiff's state law claims for unpaid wages should be DISMISSED WITHOUT PREJUDICE, as against Defendants Wings, Patel, and Doe(s) and should be DISMISSED WITH PREJUDICE as against Defendant Dockery. Absent further amendment, the only remaining claims in this action should be Plaintiff's Title VII and Section 1981 claims asserted against Defendant Wings of Alpharetta. Signed by Magistrate Judge C. Christopher Hagy on 9/13/2011. (Attachments: # 1 Order for Service of Report and Recommendation)(kt) (Entered: 09/14/2011)
2011-09-17 51 0 Motion to Dismiss WITHDRAWAL OF 49 Motion to amend the pleadnings by Charles W. Goode. (Attachments: # 1 Appendix cerficiation of font)(Goode, Katrenia) Modified on 9/20/2011 (kt). (Entered: 09/17/2011)
2011-09-19 52 0 Motion for Sanctions MOTION for Sanctions with Brief In Support by Vipul Patel. (Attachments: # 1 Brief Brief in Support of Motion for Rule 11 Sanctions, # 2 Exhibit Exhibit A - August 5, 2011 Motion, # 3 Exhibit Exhibit B - Receipt Confirmation)(Hoopes, Scott) (Entered: 09/19/2011)
2011-09-26 53 0 Response in Support of Motion RESPONSE in Support re 44 MOTION for Costs of Service for Non-waiver MOTION for Extension of Time filed by Charles W. Goode. (Attachments: # 1 Appendix certificate of service, # 2 Appendix certification of font)(Goode, Katrenia) (Entered: 09/26/2011)
2011-09-26 54 0 Motion to Withdraw as Attorney Proposed MOTION to Withdraw Paul J. Sharman as Attorney by Charles W. Goode. (Attachments: # 1 Appendix removal P.Sharman ECF, # 2 certificate of service, # 3 certificate of font)(Goode, Katrenia) Modified on 9/27/2011 to accurately reflect e-filed pleading (rej). (Entered: 09/26/2011)
2011-09-27 55 0 Response in Opposition to Motion RESPONSE in Opposition re 52 MOTION for Sanctions Pursuant to rule 11 filed by Charles W. Goode. (Goode, Katrenia) (Entered: 09/27/2011)
2011-09-28 56 0 Order on Motion to Withdraw as Attorney ORDER DENYING 54 Motion to Withdraw as Attorney. Signed by Magistrate Judge C. Christopher Hagy on 9/27/2011. (kt) (Entered: 09/28/2011)
2011-10-11 57 0 Reply to Response to Motion REPLY to Response to Motion re 52 MOTION for Sanctions filed by Vipul Patel. (Hoopes, Scott) (Entered: 10/11/2011)
2011-10-22 58 0 Response in Opposition to Motion DOCUMENT FILED IN ERROR RESPONSE in Opposition re 52 MOTION for Sanctions filed by Charles W. Goode. (Attachments: # 1 Civil Cover Sheet Brief in support of motion)(Goode, Katrenia) Modified on 10/24/2011 (kt). (Entered: 10/22/2011)
2011-10-22 59 0 Affidavit in Support of Motion MEMORANDUM IN FURTHER SUPPORT OF Defendant Vipul Pate's Second 52 MOTION for Sanctions Response to Rule 11 Exhibits filed by Charles W. Goode. (Attachments: # 1 Affidavit Exhibit A, # 2 Affidavit Exhibit B, # 3 Affidavit Exhibit C, # 4 Affidavit Exhibit F, # 5 Exhibit related exhibit B & C, # 6 Affidavit Exhibit G, # 7 Exhibit Exhibit D, # 8 Affidavit Exhibit E, # 9 Exhibit Exhibit H)(Goode, Katrenia) Modified on 10/24/2011 (kt). (Entered: 10/22/2011)
2011-10-22 60 0 Motion for Leave to File MOTION for Leave to File Reply to Defendants Supplemental Rule 11 Motion with Brief In Support by Charles W. Goode. (Attachments: # 1 Memorandum in Support)(kt) (Entered: 10/24/2011)
2011-11-04 61 0 Order on Motion to Dismiss ORDER ADOPTING 50 Report and Recommendations. IT IS FURTHER ORDERED that Defendants' 11 30 33 Motions to Dismiss are GRANTED IN PART. IT IS FURTHER ORDERED that Plaintiff's 6 Motion for Conditional Class Certification is STRICKEN. IT IS FURTHER ORDERED that Plaintiff's Title VII and § 1981 claims against Defendants Dockery, Patel, and Does are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Plaintiff's FLSA claims against all Defendants are DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Plaintiff's state law nonpayment of wages claims against all Defendants, except Dockery, are DISMISSED WITHOUT PREJUDICE, and that the state law nonpayment of wages claim against Dockery is DISMISSED WITH PREJUDICE. Signed by Judge William S. Duffey, Jr on 11/4/2011. (kt) (Entered: 11/04/2011)
2011-11-07 62 0 Response in Opposition to Motion RESPONSE in Opposition re 60 MOTION for Leave to File Reply to Defendants Supplemental Rule 11 Motion filed by Vipul Patel. (Hoopes, Scott) (Entered: 11/07/2011)
2011-11-08 63 0 Notice to Take Deposition NOTICE to Take Deposition of Charles W. Goode filed by Wings of Alpharetta Inc. (Hoopes, Scott) (Entered: 11/08/2011)
2011-11-08 64 0 Motion to Withdraw as Attorney MOTION to Withdraw Paul Joseph Sharman as Attorneyby Charles W. Goode. (Sharman, Paul) (Entered: 11/08/2011)
2011-11-17 65 0 Answer to Amended Complaint ANSWER to 6 Amended Complaint by Wings of Alpharetta Inc.. Discovery ends on 4/16/2012.(Hoopes, Scott) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/17/2011)
2011-11-22 66 0 Motion to Stay MOTION to Stay deposition with Brief In Support by Charles W. Goode. (Attachments: # 1 Brief In support of stay of deposition, # 2 Exhibit A - 26f conference scheduled, # 3 Exhibit B Hippa violation, # 4 Exhibit C settlement conference)(Goode, Katrenia) (Entered: 11/22/2011)
2011-12-01 67 0 Motion to Strike MOTION to Strike 65 Answer to Amended Complaint with Brief In Support by Charles W. Goode. (Attachments: # 1 Brief Answers and Defenses)(Goode, Katrenia) (Entered: 12/01/2011)
2011-12-03 68 0 Redacted Document REDACTION to 67 MOTION to Strike 65 Answer to Amended Complaint Exhibit A by Charles W. Goode. (Goode, Katrenia) (Entered: 12/03/2011)
2011-12-06 69 0 Response to Motion RESPONSE re 66 MOTION to Stay deposition filed by Wings of Alpharetta Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Hoopes, Scott) (Entered: 12/06/2011)
2011-12-15 70 0 Response in Opposition to Motion RESPONSE in Opposition re 67 MOTION to Strike 65 Answer to Amended Complaint filed by Wings of Alpharetta Inc.. (Hoopes, Scott) (Entered: 12/15/2011)
2011-12-19 71 0 Certificate of Interested Persons Joint Certificate of Interested Persons by Charles W. Goode. (Goode, Katrenia) (Entered: 12/19/2011)
2011-12-23 72 0 Reply to Response to Motion DOCUMENT FILED IN ERROR - re-filed at 80 REPLY to Response to Motion re 67 MOTION to Strike 65 Answer to Amended Complaint filed by Charles W. Goode. (Attachments: # 1 Brief, # 2 Supplement certificate of mail & compliance)(Goode, Katrenia) Modified on 12/28/2011 (kt). (Entered: 12/23/2011)
2011-12-23 73 0 Notice of Filing NOTICE Of Filing by Charles W. Goode re 72 Reply to Response to Motion (Goode, Katrenia) (Entered: 12/23/2011)
2011-12-23 74 0 Notice (Other) NOTICE by Charles W. Goode Corrected certification of filing (Goode, Katrenia) (Entered: 12/23/2011)
2011-12-23 75 0 Notice (Other) NOTICE by Charles W. Goode re 72 Reply to Response to Motion, 73 Notice of Filing, 74 Notice (Other) CORRECTION (Goode, Katrenia) (Entered: 12/23/2011)
2011-12-27 76 0 Preliminary Report and Discovery Plan PRELIMINARY REPORT AND DISCOVERY PLAN filed by Wings of Alpharetta Inc.. (Hoopes, Scott) (Entered: 12/27/2011)
2011-12-27 77 0 Corporate Disclosure Statement Corporate Disclosure Statement by Wings of Alpharetta Inc. by Wings of Alpharetta Inc..(Hoopes, Scott) (Entered: 12/27/2011)
2011-12-27 78 0 Initial Disclosures Initial Disclosures by Wings of Alpharetta Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hoopes, Scott) (Entered: 12/27/2011)
2011-12-28 79 0 Initial Disclosures Plaintiff's Preliminary Report and Discovery Schedule by Charles W. Goode. (Attachments: # 1 Exhibit Plaintiff's first amended proposed draft, # 2 Exhibit Plaintiff's proposed amendments to, # 3 Exhibit email exchange btwn opposing counsel, # 4 Exhibit email exchange btwn opposing counsel)(Goode, Katrenia) Modified on 12/29/2011 (kt). (Entered: 12/28/2011)
2011-12-27 80 0 Motion for Leave to File MOTION for Leave to File Reply to Defendants Motion in Opposition to Plaintiffs Motion to Strike certain Defendant Answers by Charles W. Goode. (Attachments: # 1 Proposed Reply Brief)(kt) (Entered: 12/28/2011)
2011-12-28 81 0 Initial Disclosures Initial Disclosures by Charles W. Goode. (Attachments: # 1 Supplement, # 2 Supplement)(Goode, Katrenia) (Entered: 12/28/2011)
2012-01-26 82 0 Order on Motion for Costs ORDER GRANTING Plaintiff's 44 Motion for Costs and the Court will award Plaintiff the amount of costs for which he has submitted adequate documentation, a total of $292.00. Accordingly, IT IS ORDERED that, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure, Defendants Wings of Alpharetta, Inc., Vipul Patel, and Greg Dockery, jointly or severally, must pay Plaintiff the aggregate amount of $292.00 within fourteen (14) days of the date of this Order. Failure to do so may result in the Court striking their answers and pending motions.. Signed by Magistrate Judge C. Christopher Hagy on 1/25/2012. (kt) (Entered: 01/26/2012)
2012-02-09 83 0 Notice (Other) NOTICE by Charles W. Goode Service of subpeona to produce rule 26 documents & employee manual (Goode, Katrenia) (Entered: 02/09/2012)
2012-02-09 84 0 Notice to Take Deposition NOTICE OF FILING Subpoena to take testify by Wings of Alpharetta Inc. filed by Charles W. Goode (Goode, Katrenia) Modified on 2/10/2012 (kt). (Entered: 02/09/2012)
2012-02-09 85 0 Certificate of Service DISCOVERY FILED IN VIOLATION OF LOCAL RULES CERTIFICATE OF SERVICE Requests for admissions by Charles W. Goode.(Goode, Katrenia) Modified on 2/10/2012 (kt). (Entered: 02/09/2012)
2012-02-10 86 0 Motion for Sanctions MOTION for Sanctions Failure to obey a court order with Brief In Support by Charles W. Goode. (Attachments: # 1 Brief, # 2 Supplement Attorney Certification non-payment, # 3 Supplement certification of font, # 4 Appendix certification of service)(Goode, Katrenia) (Entered: 02/10/2012)
2012-02-10 87 0 Response in Opposition to Motion RESPONSE in Opposition re 86 MOTION for Sanctions Failure to obey a court order filed by Wings of Alpharetta Inc.. (Attachments: # 1 Exhibit Exhibit A - Cover Letter and Check)(Hoopes, Scott) (Entered: 02/10/2012)
2012-02-10 88 0 Notice of Appearance NOTICE of Appearance by Justyn Dylan Alioto on behalf of Wings of Alpharetta Inc. (Alioto, Justyn) (Entered: 02/10/2012)
2012-02-10 89 0 Order on Motion for Sanctions ORDER GRANTING 52 Motion for Sanctions, Plaintiff's 60 Motion for Leave to File is DENIED, Mr. Sharman's 64 Motion to Withdraw as Attorney is GRANTED; Attorney Paul Joseph Sharman terminated. Plaintiff's 66 Motion to Stay is DENIED AS MOOT. Plaintiff's 67 Motion to Strike Certain Answers is GRANTED IN PART AND DENIED IN PART, and Plaintiffs 80 Motion for Leave to File is DENIED. Defendant's Second, Third, Fourth, and Ninth Affirmative Defenses shall be STRICKEN WITHOUT PREJUDICE to amend. As well, Paragraph 27 of the Defendant's Answer shall be STRICKEN, WITHOUT PREJUDICE to amend. Having GRANTED former Defendant Patel's Motion for Rule 11 Sanctions 52 , IT IS FURTHER ORDERED that Plaintiff and his counsel be SANCTIONED under Rule 11 for naming Patel as a Defendant in this case without any reasonable basis for holding Patel liable under any of his claims. Should Patel seek to recover reasonable fees and costs, IT IS ORDERED that he must submit a properly supported motion for attorney's fees and costs within twenty-one (21) days of the date of this Order. Plaintiff will have fourteen (14) days in which to respond, and Patel may then have fourteen (14) days to file a reply brief. The Clerk is DIRECTED to update the docket in this action to reflect that Mr. Paul Sharman is no longer counsel of record for Plaintiff. Signed by Magistrate Judge C. Christopher Hagy on 2/9/2012. (kt) (Entered: 02/10/2012) 2012-02-21 13:17:56 181df805cdc16350e9a316d09715688fb67bf2aa
2012-02-15 90 0 Scheduling Order SCHEDULING ORDER re: 76 Preliminary Report and Discovery Plan, 79 Plaintiff's Preliminary Report and Discovery Schedule by Charles W. Goode. Status Conference set for 2/22/2012 at 02:00 PM in ATLA Courtroom 1879 before Magistrate Judge C. Christopher Hagy. Signed by Magistrate Judge C. Christopher Hagy on 2/15/2012. (kt) (Entered: 02/15/2012) 2012-02-28 10:53:59 02ea184bf72dc178f5a4d2ecf3303eb1633ecc4f
2012-02-15 91 0 Answer to Amended Complaint Defendant's Amended ANSWER to 6 Amended Complaint by Wings of Alpharetta Inc..(Alioto, Justyn) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 02/15/2012)
2012-02-17 92 0 Notice of Appearance NOTICE of Appearance by Timothy Sheffield Walls on behalf of Wings of Alpharetta Inc. (Walls, Timothy) (Entered: 02/17/2012)
2012-02-23 93 0 Order on Motion for Sanctions 2012-02-28 10:55:34 0b6a291ba545d76e858632227e044c2a57fa0845
2012-02-23 94 0 Motion for Extension of Time to Complete Discovery
2012-02-27 95 0 Withdrawal of Motion
2012-02-27 96 0 Motion for Extension of Time to Complete Discovery
2013-03-14 170 0 OPINION AND ORDER adopting the 164 Final Report and Recommendation and granting the Defendant's 111 Motion for Summary Judgment. The Plaintiff's 135 Motion for Summary Judgment is denied. The 146 Motion to Strike is denied as moot. The 153 Motion to Strike and 158 Motion for Order are denied. Signed by Judge William S. Duffey, Jr on 3/13/2013. (anc) 2013-03-14 08:10:10 88604d9d17e45c230b67df32e3aab5332820ee19
2013-10-10 198 0 OPINION AND ORDER that Defendant Wings of Alpharetta, Inc.'s Motion for Attorney's Fees 173 is GRANTED and Wings of Alpharetta, Inc. is awarded $4,243.25 in attorneys' fees pursuant to 28 U.S.C. § 1927. IT IS FURTHER ORDER ED that Plaintiff Charles W. Goode's Motion for Relief from Final Judgment 183 is DENIED, Plaintiff's Motion to Stay Execution of Writ 180 is DENIED AS MOOT, Plaintiff's Motion for Oral Argument 187 is DENIED, Plaintiff' ;s Motion for Reconsideration 189 is DENIED, Plaintiff's Motion for Oral Argument 193 is DENIED, Plaintiff's Motion to Stay Discovery 196 is DENIED AS MOOT. Plaintiff shall properly respond to Wings' discovery requests on or before October 18, 2013. Signed by Judge William S. Duffey, Jr on 10/9/2013. (anc) 2013-10-10 07:48:05 5da848a60a2f590a833bf918deebcc0b761485e0