Dews v. Troy University et al

Federal Civil Lawsuit Alabama Middle District Court, Case No. 2:05-cv-01045-MHT-SRW
District Judge Myron H. Thompson, presiding
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Summary

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Parties
No Logo Blake Dews, Plaintiff

Represented by PARKMAN ADAMS & WHITE LLC

Name Phone Fax E-Mail
Space William Calvin White, II +1 205 244 1920 +1 205 244 1170 wwhite@parkmanlawfirm.com
Space James Woodfin Parkman, III +1 205 244 1920 +1 205 244 1171 parkman@parkmanlawfirm.com
v.
No Logo Jack Hawkins, Jr., Defendant

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Peyton L Lacy, Jr. +1 205 328 1900 +1 205 328 6000 peyton.lacy@ogletreedeakins.com
Space Joseph V Musso joseph.musso@odnss.com
Space James C Pennington +1 205 328 1900 +3286 328 328 6000 james.pennington@ogletreedeakins.com
No Logo JERRY JOHNSON, Defendant

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Peyton L Lacy, Jr. +1 205 328 1900 +1 205 328 6000 peyton.lacy@ogletreedeakins.com
Space Joseph V Musso joseph.musso@odnss.com
Space James C Pennington +1 205 328 1900 +3286 328 328 6000 james.pennington@ogletreedeakins.com
No Logo Robert Joslin, Defendant

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Peyton L Lacy, Jr. +1 205 328 1900 +1 205 328 6000 peyton.lacy@ogletreedeakins.com
Space Joseph V Musso joseph.musso@odnss.com
Space James C Pennington +1 205 328 1900 +3286 328 328 6000 james.pennington@ogletreedeakins.com
No Logo Troy University, Defendant

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Peyton L Lacy, Jr. +1 205 328 1900 +1 205 328 6000 peyton.lacy@ogletreedeakins.com
Space Joseph V Musso joseph.musso@odnss.com
Space James C Pennington +1 205 328 1900 +3286 328 328 6000 james.pennington@ogletreedeakins.com
Attributes
Office Montgomery
Filed 10/31/2005
Jury Demand Defendant
Demand
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Pike
Terminated 6/13/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, MHT-ClerkB
Timeline
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Legal Document with OCR 59 Filed: 7/9/2007, Entered: 7/9/2007 Court Filing
MEMORANDUM OPINION AND ORDER directing as follows: (1) def Troy University's motion to award costs is GRANTED; (2) Def Troy University shall have and recover from plf Blake Dews costs in the amount of $1,693.75. Signed by Judge Myron H. Thompson on 7/9/07. (djy, )
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Legal Document with OCR 58 Filed: 8/11/2006, Entered: 8/11/2006
RESPONSE to Motion re [52] MOTION for Attorney Fees & Costs to be Awarded to Defendant filed by Troy University, Jack Hawkins, Jr, Jerry Johnson, Robert Joslin. (Musso, Joseph)
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Blank -- Filed: 8/11/2006, Entered: 8/14/2006 BRIEF/MEMORANDUM in Support
BRIEF in Support re [52] MOTION for Attorney Fees & Costs to be Awarded to Defendant filed by Troy University. (NO PDF Document attached to this notice-See Docket Entry 58 - incorrectly E-filed as a response and corrected by the Clerk's office) (djy, )
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Legal Document with OCR 57 Filed: 8/7/2006, Entered: 8/7/2006
BRIEF/MEMORANDUM in Opposition re [52] MOTION for Attorney Fees & Costs to be Awarded to Defendant filed by Blake Dews. (White, William)
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Blank -- Filed: 8/7/2006, Entered: 8/8/2006 BRIEF/MEMORANDUM in Support
BRIEF in Support of plf's [53] Motion/Response in Opposition to Motion for attorney fees filed by Blake Dews. (NO PDF Document attached to this notice-See Docket entry [57]) (djy, )
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Legal Document with OCR 56 Filed: 8/2/2006, Entered: 8/2/2006
NOTICE of Correction re [53] Response in Opposition to Motion to add attachment signed affidavit of Blake Dews to correct deficiency (Attachments: # (1) signed affidavit of Blake Dews attached to Docket Entry [53])(djy, )
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Legal Document with OCR 55 Filed: 7/28/2006, Entered: 7/28/2006 Court Filing
ORDER directing that the [52] MOTION for Attorney Fees & Costs be set for Motion Submission Deadline on 8/11/2006, without oral argument, with all briefs due by said date. Signed by Judge Myron H. Thompson on 7/28/06. (djy, )
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Legal Document with OCR 54 Filed: 7/24/2006, Entered: 7/24/2006
NOTICE of Deficiency re [53] Response in Opposition to Motion re: Unsigned supporting affidavit of Blake Dews. Please see PDF document for correction requirements. (djy, )
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Legal Document with OCR 53 Filed: 7/21/2006, Entered: 7/21/2006
RESPONSE in Opposition re [52] MOTION for Attorney Fees & Costs to be Awarded to Defendant filed by Blake Dews. (Attachments: # (1) Affidavit Blake Dews# (2) Law in Support of Opposition)(White, William) Additional attachment(s) added on 8/2/2006 to add attachment signed affidavit of Blake Dews to correct deficiency (qc/djy, ).
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Motion for Attorney Fees with OCR 52 Filed: 7/14/2006, Entered: 7/14/2006, Terminated: 7/9/2007 Motion for Attorney Fees
MOTION for Attorney Fees & Costs to be Awarded to Defendant by Troy University. (Attachments: # (1))(Musso, Joseph)
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Legal Document with OCR 51 Filed: 7/13/2006, Entered: 7/13/2006
BILL OF COSTS by Troy University. (Pennington, James)
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Legal Document with OCR 50 Filed: 6/13/2006, Entered: 6/13/2006 Court Filing
ORDER, JUDGMENT and DECREE of the Court that plf's motion to dismiss [49] is granted and that this cause is dismissed in its entirety with prejudice; further ORDERED that all other outstanding motions are denied as moot; directing the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Judge Myron H. Thompson on 6/13/06. Furnished to YG, HC, AG & SC (terminates Pretrial Conference 08/21/2006; Jury Trial 10/02/2006) (Attachments: # (1) civil appeals checklist)(djy, )
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Motion to Dismiss with OCR 49 Filed: 6/12/2006, Entered: 6/12/2006, Terminated: 6/13/2006 Motion to Dismiss
MOTION to Dismiss by Blake Dews. (Parkman, James)
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Legal Document with OCR 48 Filed: 5/26/2006, Entered: 5/26/2006 Court Filing
ORDER granting [47] Motion for Gabriel S. Sterling to Withdraw as Attorney . Signed by Judge Myron H. Thompson on 5/26/06. (vma, ) .
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Motion to Withdraw as Attorney with OCR 47 Filed: 5/26/2006, Entered: 5/26/2006, Terminated: 5/26/2006 Motion to Withdraw as Attorney
MOTION for Gabriel S. Sterling to Withdraw as Attorney by Blake Dews. (Sterling, Gabriel) Modified on 5/26/2006 - to add Atty Gabriel S. Sterling to text.(vma, ).
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Blank -- Filed: 5/26/2006, Entered: 5/30/2006 Add and Terminate Attorneys
*** Attorney Gabriel S. Sterling, III terminated per order entered this date (NO PDF Document attached to this notice). (djy, )
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Blank -- Filed: 5/26/2006, Entered: 5/26/2006
NOTICE of Docket Text Correction re [47] MOTION to Withdraw as Attorney - Modified on 5/26/2006 - to add Atty Gabriel S. Sterling to text. (No PDF attached to this notice)(vma, )
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Legal Document with OCR 45 Filed: 5/25/2006, Entered: 5/25/2006 Court Filing
ORDER granting [41] Motion to file a portion of evidence under Seal . Signed by Judge Myron H. Thompson on 5/25/06. (vma, )
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Legal Document with OCR 44 Filed: 5/25/2006, Entered: 5/25/2006 Court Filing
ORDER granting [40] Motion to Substitute . Signed by Judge Myron H. Thompson on 5/25/06. (djy, )
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Blank -- Filed: 5/25/2006, Entered: 5/25/2006
NOTICE of Docket Text Correction re [40] MOTION to Substitute Summary Judgment Brief to reflect attachment as proposed brief in support (NO PDF document attached to this notice) (djy, )
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Legal Document with OCR 43 Filed: 5/24/2006, Entered: 5/24/2006 Court Filing
ORDER directing that the [38] MOTION for Summary Judgment be set for Motion Submission Deadline on 6/12/2006, without oral argument, with plf's brief and evidentiary materials due by said date. Signed by Judge Myron H. Thompson on 5/24/06. (djy, )
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Legal Document with OCR 42 Filed: 5/24/2006, Entered: 5/24/2006 Court Filing
ORDER re [35] First MOTION for Partial Summary Judgment filed by Blake Dews, Motion Submission Deadline set for 6/12/2006, with dfts' brief and evidentiary materials due by said date. Signed by Judge Myron H. Thompson on 5/24/06. (vma, )
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Motion to Substitute  with OCR 40 Filed: 5/24/2006, Entered: 5/24/2006, Terminated: 5/25/2006 Motion to Substitute
MOTION to Substitute Summary Judgment Brief by Troy University, Jack Hawkins, Jr, Jerry Johnson, Robert Joslin. (Attachments: # (1))(Musso, Joseph) Modified on 5/25/2006 to reflect attachment as proposed brief in support (qc/djy, ).
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Motion for Summary Judgment with OCR 38 Filed: 5/24/2006, Entered: 5/24/2006, Terminated: 6/13/2006 Motion for Summary Judgment
MOTION for Summary Judgment by Troy University, Jack Hawkins, Jr, Jerry Johnson, Robert Joslin. (Musso, Joseph)
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Blank -- Filed: 5/24/2006, Entered: 5/24/2006
NOTICE of Docket Text Correction re [39] Evidentiary Submission, - Modified on 5/24/2006 - to show Attachments #1 is "Exhibit B" and #2 is "Exhibit A" (No PDF attached to this notice)(vma, )
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Blank -- Filed: 5/24/2006, Entered: 5/24/2006
NOTICE of Docket Text Correction re [37] BRIEF/MEMORANDUM in Support, - Modified on 5/24/2006 - to create relationship to doc. [38] motion for summary judgment (No PDF attached to this notice)(vma, )
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Terminated:  with OCR 41 Filed: 5/23/2006, Entered: 5/24/2006, Terminated: 5/25/2006 Terminated:
MOTION to file a portion of defendants' [38] summary judgment evidence under Seal by Troy University, Jack Hawkins, Jr, Jerry Johnson, Robert Joslin. (Attachments: # (1) Exh 1)(vma, )
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Evidentiary Submission with OCR 39 Filed: 5/23/2006, Entered: 5/24/2006 Evidentiary Submission
Evidentiary Submission re [38] MOTION for Summary Judgment filed by Troy University, Jack Hawkins, Jr, Jerry Johnson, Robert Joslin. (Attachments: # (1) Exhibit B# (2) Exhibit A# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J)(Musso, Joseph) Modified on 5/24/2006 - to show Attachments #1 is "Exhibit B" and #2 is "Exhibit A"(vma, ).
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Legal Document with OCR 37 Filed: 5/23/2006, Entered: 5/23/2006
BRIEF/MEMORANDUM in Support of [38] Motion for Summary Judgment filed by Troy University, Jack Hawkins, Jr, Jerry Johnson, Robert Joslin. (Musso, Joseph) Modified on 5/24/2006 - to create relationship to doc. [38] motion for summary judgment(vma, ).
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Legal Document with OCR 36 Filed: 5/23/2006, Entered: 5/23/2006
BRIEF/MEMORANDUM in Support re [35] First MOTION for Partial Summary Judgment filed by Blake Dews. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4)(Parkman, James)
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Motion for Partial Summary Judgment with OCR 35 Filed: 5/23/2006, Entered: 5/23/2006, Terminated: 6/13/2006 Motion for Partial Summary Judgment
First MOTION for Partial Summary Judgment by Blake Dews. (Parkman, James)
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Legal Document with OCR 34 Filed: 5/22/2006, Entered: 5/22/2006 Court Filing
ORDER denying [33] Motion for Extension of time, as further set out in order. Signed by Judge Myron H. Thompson on 5/22/06. (djy, )
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for Extension of Deadline with OCR 33 Filed: 5/22/2006, Entered: 5/22/2006, Terminated: 5/22/2006 for Extension of Deadline
First MOTION for Extension of Deadline filing of Motions for Summary Judgment by Blake Dews. (Parkman, James)
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Legal Document with OCR 32 Filed: 2/24/2006, Entered: 2/24/2006
NOTICE of Non-Compliance re [31] Notice of Filing Answer's to Interrogatories (vma, )
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Legal Document with OCR 31 Filed: 2/23/2006, Entered: 2/23/2006
[STRICKEN PER NOTICE OF NON-COMPLIANCE] *This pleading is discovery and is not allowed pursuant to Local Rule 5.1 NON-FILING OF CIVIL DISCOVER***NOTICE by Blake Dews Notice of Filing Answer's to Interrogatories (Parkman, James) Modified on 2/24/2006 (vma, ).
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Legal Document with OCR 30 Filed: 1/31/2006, Entered: 1/31/2006 Court Filing
ORDER granting [29] Motion for for Gabriel S. SterlingLeave to Appear Pro Hac Vice . Signed by Judge Myron H. Thompson on 1/31/06. (vma, )
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Terminated:  with OCR 29 Filed: 1/27/2006, Entered: 1/30/2006, Terminated: 1/31/2006 Terminated:
Motion for Gabriel S. Sterling to Appear Pro Hac Vice ( Filing fee $ 20.00 receipt number 109105.) by Blake Dews. (vma, )
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Summons Returned Executed with OCR 28 Filed: 1/4/2006, Entered: 1/5/2006 Summons Returned Executed
Alias SUMMONS Returned Executed by Blake Dews. Jack Hawkins, Jr served on 1/3/2006, answer due 1/23/2006. (vma, )
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Summons Returned Executed with OCR 27 Filed: 1/4/2006, Entered: 1/5/2006 Summons Returned Executed
Alias SUMMONS Returned Executed by Blake Dews. Jerry Johnson served on 12/21/2005, answer due 1/10/2006. (vma, ) .
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Summons Returned Executed with OCR 26 Filed: 1/4/2006, Entered: 1/5/2006 Summons Returned Executed
Alias SUMMONS Returned Executed by Blake Dews. Robert Joslin served on 12/29/2005, answer due 1/18/2006. (vma, )
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Legal Document with OCR 25 Filed: 1/4/2006, Entered: 1/4/2006 Court Filing
SCHEDULING ORDER: Final Pretrial Conference set for 8/21/2006 before Honorable Myron H. Thompson. Jury Trial set for 10/2/2006 before Honorable Myron H. Thompson. Amended Pleadings due by 3/15/2006. Discovery due by 7/7/2006. Motions due by 5/23/2006. Mediation Notice due by 6/18/2006. Signed by Judge Myron H. Thompson on 1/4/06. (furn: yg hc sc)(vma, )
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Legal Document with OCR 24 Filed: 12/22/2005, Entered: 12/22/2005
ANSWER to Complaint with Jury Demand by Robert Joslin.(Musso, Joseph)
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Legal Document with OCR 23 Filed: 12/22/2005, Entered: 12/22/2005
ANSWER to Complaint with Jury Demand by Jerry Johnson.(Musso, Joseph)
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Legal Document with OCR 22 Filed: 12/22/2005, Entered: 12/22/2005
ANSWER to Complaint with Jury Demand by Jack Hawkins, Jr.(Musso, Joseph)
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Legal Document with OCR 21 Filed: 12/20/2005, Entered: 12/20/2005
REPORT of Rule 26(f) Planning Meeting. (Musso, Joseph)
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Summons Reissued with OCR 20 Filed: 12/15/2005, Entered: 12/16/2005 Summons Reissued
Alias Summons issued as to Jack Hawkins, Jr, Jerry Johnson, Robert Joslin; alias summons and complaint returned to counsel for personal service. (vma, )
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Legal Document with OCR 19 Filed: 11/30/2005, Entered: 11/30/2005 Court Filing
ORDER that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than 12/20/05; Rule 26 Meeting Report due by 12/20/2005. Signed by Judge Myron H. Thompson on 11/30/05. (vma, )
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Legal Document with OCR 18 Filed: 11/30/2005, Entered: 11/30/2005 Court Filing
ORDER 1) granting [14] Motion to Withdraw, granting [15] Motion to Withdraw, granting [16] Motion to Withdraw; 2) withdrawing [9] Motion to Dismiss, withdrawing [10] Motion to Dismiss, withdrawing [11] Motion to Dismiss . Signed by Judge Myron H. Thompson on 11/30/05. (vma, )
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Legal Document with OCR 17 Filed: 11/29/2005, Entered: 11/29/2005
ANSWER to Complaint with Jury Demand by Troy University.(Pennington, James)
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Blank -- Filed: 11/29/2005, Entered: 11/30/2005 Add and Terminate Attorneys
***Attorney Joseph Vincent Musso for Troy University, Peyton Lacy, Jr for Troy University added - per doc. [17]. (No PDF attached to this docket entry) (vma, )
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Motion to Withdraw with OCR 16 Filed: 11/28/2005, Entered: 11/28/2005, Terminated: 11/30/2005 Motion to Withdraw
MOTION to Withdraw [11] MOTION to Dismiss Based on Insufficiency of Service of Process by Robert Joslin. (Musso, Joseph)
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Motion to Withdraw with OCR 15 Filed: 11/28/2005, Entered: 11/28/2005, Terminated: 11/30/2005 Motion to Withdraw
MOTION to Withdraw [10] MOTION to Dismiss Based on Insufficiency of Service of Process by Jerry Johnson. (Musso, Joseph)
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Motion to Withdraw with OCR 14 Filed: 11/28/2005, Entered: 11/28/2005, Terminated: 11/30/2005 Motion to Withdraw
MOTION to Withdraw [9] MOTION to Dismiss Based on Insufficiency of Service of Process by Jack Hawkins, Jr. (Musso, Joseph)
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Legal Document with OCR 13 Filed: 11/28/2005, Entered: 11/28/2005
RESPONSE in Opposition re [9] MOTION to Dismiss Based on Insufficiency of Service of Process, [10] MOTION to Dismiss Based on Insufficiency of Service of Process, [11] MOTION to Dismiss Based on Insufficiency of Service of Process filed by Blake Dews. (Attachments: # (1) Exhibit Affidavit# (2) Exhibit Return of Service)(Parkman, James)
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Legal Document with OCR 12 Filed: 11/22/2005, Entered: 11/22/2005 Court Filing
ORDER Setting Hearing on Motion [9] MOTION to Dismiss, [10] MOTION to Dismiss [11] MOTION to Dismiss: Motion Hearing set for 11/29/2005 02:00 PM by telephone before Honorable Myron H. Thompson as further set out; Plaintiff is to file a written response to the motions by no later than noon on 11/28/05. Signed by Judge Myron H. Thompson on 11/22/05. (furn: yg hc sc)(vma, )
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Blank -- Filed: 11/22/2005, Entered: 11/22/2005
Set/Reset Deadlines: Response to Motion due by noon on 11/28/2005 - per order of 11/22/05 - doc.[12]. (No PDF attached to this docket entry)(vma, )
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Motion to Dismiss with OCR 11 Filed: 11/21/2005, Entered: 11/21/2005, Terminated: 11/30/2005 Motion to Dismiss
MOTION to Dismiss Based on Insufficiency of Service of Process by Robert Joslin. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Musso, Joseph)
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Motion to Dismiss with OCR 10 Filed: 11/21/2005, Entered: 11/21/2005, Terminated: 11/30/2005 Motion to Dismiss
MOTION to Dismiss Based on Insufficiency of Service of Process by Jerry Johnson. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Musso, Joseph)
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Motion to Dismiss with OCR 9 Filed: 11/21/2005, Entered: 11/21/2005, Terminated: 11/30/2005 Motion to Dismiss
MOTION to Dismiss Based on Insufficiency of Service of Process by Jack Hawkins, Jr. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Musso, Joseph)
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Blank -- Filed: 11/21/2005, Entered: 11/22/2005 Add and Terminate Attorneys
***Attorney Peyton Lacy, Jr for Robert Joslin, James C. Pennington for Robert Joslin added per doc. [11]. (No PDF attached to this docket entry)(vma, )
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Blank -- Filed: 11/21/2005, Entered: 11/22/2005 Add and Terminate Attorneys
***Attorney Peyton Lacy, Jr for Jerry Johnson, James C. Pennington for Jerry Johnson added per doc. [10]. (No PDF attached to this docket entry)(vma, )
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Blank -- Filed: 11/21/2005, Entered: 11/22/2005 Add and Terminate Attorneys
***Attorney Peyton Lacy, Jr for Jack Hawkins, Jr, James C. Pennington for Jack Hawkins, Jr added per doc. [9]. (No PDF attached to this docket entry)(vma, )
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Return Receipt Card with OCR 8 Filed: 11/14/2005, Entered: 11/15/2005 Return Receipt Card
Return Receipt Card showing service of summons and complaint signed by Barbara Starling for Troy University served on 11/9/2005, answer due 11/29/2005. (vma, )
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Summons Issued with OCR 4 Filed: 11/7/2005, Entered: 11/7/2005 Summons Issued
Summons Issued as to Troy University; summons and complaint mailed by cmrrr to named defendant (vma, )
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Summons Returned Executed with OCR 7 Filed: 11/4/2005, Entered: 11/7/2005 Summons Returned Executed
SUMMONS Returned Executed by Blake Dews. Jack Hawkins, Jr served on 10/31/2005, answer due 11/21/2005. (vma, )
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Summons Returned Executed with OCR 6 Filed: 11/4/2005, Entered: 11/7/2005 Summons Returned Executed
SUMMONS Returned Executed by Blake Dews. Jerry Johnson served on 10/31/2005, answer due 11/21/2005. (vma, )
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Summons Returned Executed with OCR 5 Filed: 11/4/2005, Entered: 11/7/2005 Summons Returned Executed
SUMMONS Returned Executed by Blake Dews. Robert Joslin served on 10/31/2005, answer due 11/21/2005. (vma, )
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Legal Document with OCR 3 Filed: 11/2/2005, Entered: 11/2/2005 Court Filing
Case Reassigned to Judge Myron H. Thompson. Judge Ira De Ment no longer assigned to the case. (vma, )
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Summons Issued with OCR 2 Filed: 10/31/2005, Entered: 11/2/2005 Summons Issued
Summons Issued as to Jack Hawkins, Jr, Jerry Johnson, Robert Joslin; summons and complaint returned to counsel for personal service. (vma, )
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Complaint with OCR 1 Filed: 10/31/2005, Entered: 11/2/2005 Complaint
COMPLAINT against all defendants (Filing fee $ 250.00 receipt number 108257.), filed by Blake Dews.(vma, )
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