Case details

Court: gand
Docket #: 1:11-cv-02647
Case Name: Jenkins v. Gaither et al
PACER case #: 177192
Date filed: 2011-08-11
Date terminated: 2012-10-03
Assigned to: Judge Thomas W. Thrash, Jr
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
John A. Jenkins
Plaintiff
John C. Jones
Law Offices of John C. Jones 248 Roswell Street Marietta, Ga 30060 770-427-8066 Email: jcjones1234@bellsouth.net
ATTORNEY TO BE NOTICED

William F. Amideo
Law Office of William F. Amideo 105 Farwell Lane Apharetta, GA 30022 770-827-5907 Fax: 770-426-9584 Email: wfamideo@aol.com
ATTORNEY TO BE NOTICED

James Gaither
Defendant
Gary Kevin Morris
Williams, Morris & Waymire, LLC 4330 South Lee Street, NE Building 400, Suite A Buford, GA 30518 678-541-0790 Fax: 678-541-0789 Email: kevin@wmwlaw.com
ATTORNEY TO BE NOTICED

John M. Acosta
Defendant
Butts County Deputy Sheriffs
Gary Kevin Morris
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-08-11 1 0 COMPLAINT with Jury Demand filed by John A. Jenkins. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 113E-3453840.). (Attachments: # 1 Verification, # 2 Civil Cover Sheet) (rej) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/12/2011)
2011-08-11 2 0 Electronic Summons Issued as to All Defendants. (rej) (Entered: 08/12/2011)
2011-09-09 3 0 Consent MOTION for Extension of Time to File Answer by John M. Acosta, James Gaither. (Attachments: # 1 Text of Proposed Order)(Morris, Gary) (Entered: 09/09/2011)
2011-09-12 4 0 CONSENT ORDER granting 3 Motion for Extension of Time to Answer 1 Complaint; John M. Acosta Answer due 10/1/2011; James Gaither Answer due 10/1/2011. Signed by Judge Thomas W. Thrash, Jr on 9/12/11. (dr) (Entered: 09/13/2011)
2011-09-28 5 0 ANSWER to 1 COMPLAINT with Jury Demand by John M. Acosta, James Gaither. Discovery ends on 2/27/2012.(Morris, Gary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/28/2011)
2011-11-14 6 0 ORDER that counsel file the Certificate of Interested Persons and the Joint Preliminary Report and Discovery Plan within 14 days or show cause why this case should not be dismissed pursuant to LR 41.3. Signed by Judge Thomas W. Thrash, Jr on 11/10/11. (dr) Modified text on 11/16/2011 (dr). (Entered: 11/14/2011)
2011-11-15 7 0 Certificate of Interested Persons by John A. Jenkins. (Jones, John) (Entered: 11/15/2011)
2011-11-15 8 0 Certificate of Interested Persons by John M. Acosta, James Gaither. (Morris, Gary) (Entered: 11/15/2011)
2011-11-22 9 0 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by John A. Jenkins. (Jones, John) (Entered: 11/22/2011)
2011-11-30 10 0 SCHEDULING ORDER approving 9 Preliminary Report and Discovery Plan; Discovery ends on 2/27/2012, Summary Judgment Motions due by 3/28/2012, Proposed Pretrial Order due by 3/28/2012. Signed by Judge Thomas W. Thrash, Jr on 11/30/11. (dr) (Entered: 11/30/2011)
2012-01-18 11 0 Supplemental Certificate of Interested Persons by John M. Acosta, James Gaither. (Morris, Gary) (Entered: 01/18/2012)
2012-01-25 12 0 Supplemental Initial Disclosures by John A. Jenkins.(Jones, John) (Entered: 01/25/2012)
2012-01-25 13 0 Request for Leave of Absence for the following date(s): June 11, 12, 13, 14, 2012; July 2, 3, 4, 5, 6, 2012; October 22, 23, 24, 25, 26, 2012, by Gary Kevin Morris. (Morris, Gary) (Entered: 01/25/2012)
2012-01-27 14 0 CERTIFICATE OF SERVICE by John A. Jenkins.(Jones, John) (Entered: 01/27/2012)
2012-02-08 15 0 NOTICE to Take Deposition of John A. Jenkins filed by John M. Acosta, James Gaither (Morris, Gary) (Entered: 02/08/2012)
2012-02-20 16 0 Joint MOTION for Extension of Time to Complete Discovery by John M. Acosta, James Gaither. (Attachments: # 1 Text of Proposed Order)(Morris, Gary) (Entered: 02/20/2012)
2012-02-21 17 0 ORDER extending time for Discovery. Discovery ends on 4/27/2012. PLEASE NOTE: Summary Judgment Motions due by 5/29/2012.If no summary judgment motions filed the Joint Consolidated Proposed Pretrial Order due by 5/29/2012. However, if summary judgment motions are filed the PTO will not be dune until 30 days after the Court's ruling on summary judgment. The Clerk is direct to submit if the parties fail to file either summary judgment motions or the PTO. Signed by Judge Thomas W. Thrash, Jr on 2/21/2011. (ss) (Entered: 02/21/2012)
2012-04-24 18 0 Joint MOTION for Extension of Time to Complete Discovery by John M. Acosta, James Gaither. (Attachments: # 1 Text of Proposed Order)(Morris, Gary) (Entered: 04/24/2012)
2012-04-25 19 0 ORDER extending time for Discovery. Discovery ends on 5/27/2012. PLEASE NOTE: Summary Judgment Motions are now due by 6/27/2012. If no summary judgment motion filed the Consolidated Pretrial Order due by 6/27/2012. However, if summary judgment motions are filed the PTO will be due 30 days after the Court's ruling on the summary judgment motion. The Clerk is directed to submit on 6/28/2012 if the parties fail to file either a summary judgment motion or PTO. Signed by Judge Thomas W. Thrash, Jr on 4/25/2012. (ss) (Entered: 04/25/2012)
2012-05-23 20 0 Consent MOTION for Extension of Time to Complete Discovery by John M. Acosta, James Gaither. (Attachments: # 1 Text of Proposed Order)(Morris, Gary) (Entered: 05/23/2012)
2012-05-29 21 0 ORDER granting 20 Motion for Extension of Time to Complete Discovery. Discovery ends on 6/15/2012. Signed by Judge Thomas W. Thrash, Jr on 5/29/12. (hfm) (Entered: 05/29/2012)
2012-07-16 22 0 MOTION for Summary Judgment with Brief In Support by John M. Acosta, James Gaither. (Attachments: # 1 Exhibit B, # 2 Exhibit D, # 3 Brief, # 4 Statement of Material Facts)(Morris, Gary) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/16/2012)
2012-07-16 23 0 Request to File Original Discovery and Notice of Filing and Notice of Manual Filing (CD Attached) by John M. Acosta, James Gaither.(Morris, Gary) Modified on 7/19/2012 (dr). (Entered: 07/16/2012)
2012-07-19 24 0 DEPOSITION of John Jenkins taken on February 10, 2012 by John M. Acosta, James Gaither. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Exhibit)(Morris, Gary) (Entered: 07/19/2012)
2012-08-06 25 0 Request to File Original Discovery by John A. Jenkins.(Jones, John) (Entered: 08/06/2012)
2012-08-06 26 0 Response to Statement of Material Facts re 22 MOTION for Summary Judgment filed by John A. Jenkins. (Jones, John) (Entered: 08/06/2012)
2012-08-06 27 0 RESPONSE in Opposition re 22 MOTION for Summary Judgment filed by John A. Jenkins. (Jones, John) (Entered: 08/06/2012)
2012-08-06 28 0 DEPOSITION of Gene Pope taken on June 7, 2012 by John A. Jenkins.(Jones, John) (Entered: 08/06/2012)
2012-08-06 29 0 DEPOSITION of James taken on Gaither by John A. Jenkins.(Jones, John) (Entered: 08/06/2012)
2012-08-06 30 0 DEPOSITION of John Acosta taken on June 7, 2012 by John A. Jenkins.(Jones, John) (Entered: 08/06/2012)
2012-08-06 31 0 DEPOSITION of Gaither, Pope, Acosta taken on June 7, 2012 by John A. Jenkins.(Jones, John) (Entered: 08/06/2012)
2012-08-20 32 0 REPLY BRIEF in Support of 22 MOTION for Summary Judgment filed by John M. Acosta, James Gaither. (Morris, Gary) Modified on 8/21/2012 (dr). (Entered: 08/20/2012)
2012-08-20 33 0 NOTICE Of Manual Filing (CD Attached) Electronic Data by John M. Acosta, James Gaither (Morris, Gary) Modified on 8/28/2012 (dr). (Entered: 08/20/2012)
2012-10-03 34 0 ORDER granting 22 Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr on 10/3/12. (dr) (Entered: 10/04/2012)
2012-10-04 35 0 CLERK'S JUDGMENT in favor of Defendants against Plaintiff. (dr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 10/04/2012)
2012-10-24 36 0 BILL OF COSTS by John M. Acosta, James Gaither. (Morris, Gary) (Entered: 10/24/2012)
2012-10-31 37 0 NOTICE OF APPEAL as to 34 Order on Motion for Summary Judgment, 35 Clerk's Judgment by John A. Jenkins. Filing fee $ 455, receipt number 113E-4237907. Transcript Order Form due on 11/14/2012 (Jones, John) (Entered: 10/31/2012)
2012-10-31 38 0 Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals re: 37 Notice of Appeal. (pjm) (Entered: 10/31/2012)
2012-11-02 39 0 Notice of Filing re: Transcript Order Form re: 37 Notice of Appeal. (Jones, John) Modified on 11/5/2012 to correct text(pjm). (Entered: 11/02/2012)
2012-11-02 40 0 USCA Acknowledgment of 37 Notice of Appeal filed by John A. Jenkins. Case Appealed to USCA-11th Circuit. Case Number 12-15631-FF. (pjm) (Entered: 11/05/2012)
2012-11-15 41 0 Costs Taxed in amount of $2,136.84 against John A. Jenkins. (dr) (Entered: 11/15/2012)
2013-07-10 42 0 FORTHWITH LETTER from USCA re: 37 Notice of Appeal filed by John A. Jenkins. Case Appealed to USCA-11th Circuit. Case Number 12-15631-FF. Appeal Record due by 7/19/2013. (1 CD w/DE#23)(pjm) (Entered: 07/10/2013)
2013-07-10 43 0 Certified and Transmitted Record on Appeal to US Court of Appeals re: 37 Notice of Appeal. Case Appealed to USCA-11th Circuit. Case Number 12-15631-FF. (1 CD w/DE#23) (pjm) (Entered: 07/10/2013)
2013-10-04 44 0 USCA Opinion received (AFFIRMED) re: 37 Notice of Appeal filed by John A. Jenkins. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA-11th Circuit. Case Number 12-15631-FF. (pjm) (Entered: 10/04/2013)