This case was last updated from U.S. District Courts on 12/21/2021 at 08:18:43 (UTC).

Cullman Electric Cooperative v. City of Cullman, Alabama

Case Summary

On 10/22/2021 Cullman Electric Cooperative filed an Other lawsuit against City of Cullman, Alabama. This case was filed in U.S. District Courts, Alabama Northern District Court. The Judge overseeing this case is C Lynwood Smith, Jr. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-01421

  • Filing Date:

    10/22/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other

Judge Details

Presiding Judge

C Lynwood Smith, Jr

 

Party Details

Plaintiff

Cullman Electric Cooperative

Defendant

City of Cullman, Alabama

Attorney/Law Firm Details

Plaintiff Attorneys

Christopher Lea Lockwood

Richard R Raleigh, Jr

Defendant Attorneys

David J Canupp

George W Royer, Jr

Roy W Williams, Jr

Andrew Thomas Toler

 

Court Documents

#21

(#21) FINAL JUDGMENT: it is ORDERED, ADJUDGED, and DECREED that the motion to dismissfiled by defendant, the City of Cullman, Alabama,is granted, and allclaims asserted by plaintiff, the Cullman Electric Cooperative, are dismissed. Signed by Judge C Lynwood Smith, Jr on 12/17/21. (BJL) (Entered: 12/17/2021)

#20

(#20) MEMORANDUM OPINION: this court has determined that it lacks subject matter jurisdiction over the complaint. The Motion to Dismiss is granted, and the Motions of Preliminary Injunctive Relief and to Consolidate are denied. Signed by Judge C Lynwood Smith, Jr on 12/17/21. (BJL) (Entered: 12/17/2021)

#19

(#19) NOTICE of Appearance by Andrew Thomas Toler on behalf of City of Cullman, Alabama (Toler, Andrew) (Entered: 12/14/2021)

#18

(#18) RESPONSE in Opposition re #16 MOTION to Consolidate Cases (Opposed) filed by City of Cullman, Alabama. (Canupp, David) (Entered: 12/09/2021)

#17

(#17) ORDER - This case is set for oral argument on the Motion to Dismiss on 12/15/2021 at 1:30 PM in Federal Courthouse, Huntsville, AL. Signed by Judge C Lynwood Smith, Jr on 12/8/2021. (AHI) (Entered: 12/08/2021)

#16

(#16) MOTION to Consolidate Cases (Opposed) by Cullman Electric Cooperative. (Lockwood, Christopher) (Entered: 12/08/2021)

15 #1

Exhibit A

#15

(#15) REPLY Brief filed by Defendant City of Cullman, Alabama re: #6 MOTION to Dismiss for Lack of Jurisdiction filed by City of Cullman, Alabama. (Attachments: #1 Exhibit A)(Canupp, David) (Entered: 12/07/2021)

#14

(#14) RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Cullman Electric Cooperative. (Raleigh, Richard) (Entered: 11/30/2021)

#8

(#8) ORDER - Plaintiff's response to the #6 motion to dismiss is due within 14 days of this order; defendants reply is due within 7 days of plaintiff's response. Signed by Magistrate Judge Herman N Johnson, Jr on 11/16/2021. (AHI) (Entered: 11/16/2021)

#7

(#7) Brief re #6 MOTION to Dismiss for Lack of Jurisdiction filed by City of Cullman, Alabama. (Canupp, David) (Entered: 11/15/2021)

6 #1

Exhibit A - State Court Complaint

#6

(#14) RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Cullman Electric Cooperative. (Raleigh, Richard) (Entered: 11/30/2021)

#5

(#5) SUMMONS Returned Executed by Cullman Electric Cooperative, City of Cullman, Alabama served on 10/25/2021 answer due by 11/15/2021 (Raleigh, Richard) Modified on 11/4/2021 (AHI). (Entered: 10/25/2021)

#4

(#4) Summons Issued as to City of Cullman, Alabama, by Clerk and given to Plaintiff for service. (BJL) (Entered: 10/25/2021)

#3

#2

#1

12 More Documents Available

 

Docket Entries

12/17/2021
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Docket(#21) FINAL JUDGMENT: it is ORDERED, ADJUDGED, and DECREED that the motion to dismissfiled by defendant, the City of Cullman, Alabama,is granted, and allclaims asserted by plaintiff, the Cullman Electric Cooperative, are dismissed. Signed by Judge C Lynwood Smith, Jr on 12/17/21. (BJL) (Entered: 12/17/2021)

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12/17/2021
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Docket(#20) MEMORANDUM OPINION: this court has determined that it lacks subject matter jurisdiction over the complaint. The Motion to Dismiss is granted, and the Motions of Preliminary Injunctive Relief and to Consolidate are denied. Signed by Judge C Lynwood Smith, Jr on 12/17/21. (BJL) (Entered: 12/17/2021)

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12/14/2021
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Docket(#19) NOTICE of Appearance by Andrew Thomas Toler on behalf of City of Cullman, Alabama (Toler, Andrew) (Entered: 12/14/2021)

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12/09/2021
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Docket(#18) RESPONSE in Opposition re #16 MOTION to Consolidate Cases (Opposed) filed by City of Cullman, Alabama. (Canupp, David) (Entered: 12/09/2021)

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12/08/2021
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Docket(#17) ORDER - This case is set for oral argument on the Motion to Dismiss on 12/15/2021 at 1:30 PM in Federal Courthouse, Huntsville, AL. Signed by Judge C Lynwood Smith, Jr on 12/8/2021. (AHI) (Entered: 12/08/2021)

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12/08/2021
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Docket(#16) MOTION to Consolidate Cases (Opposed) by Cullman Electric Cooperative. (Lockwood, Christopher) (Entered: 12/08/2021)

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12/07/2021
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Docket(#15) REPLY Brief filed by Defendant City of Cullman, Alabama re: #6 MOTION to Dismiss for Lack of Jurisdiction filed by City of Cullman, Alabama. (Attachments: #1 Exhibit A)(Canupp, David) (Entered: 12/07/2021)

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11/30/2021
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Docket(#14) RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Cullman Electric Cooperative. (Raleigh, Richard) (Entered: 11/30/2021)

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11/17/2021

Docket(#13) TEXT ORDER - The Telephone Status Conference set for 12/20/2021 is hereby CANCELLED. Signed by Magistrate Judge Herman N Johnson, Jr on 11/17/2021. (AHI) (Entered: 11/17/2021)

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11/16/2021
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Docket(#12) ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge C Lynwood Smith, Jr on 11/16/2021. (AHI) (Entered: 11/16/2021)

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2 More Docket Entries
11/16/2021
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Docket(#9) ORDER - A Telephone Status Conference is set for 12/20/2021 at 10:30 AM. Signed by Magistrate Judge Herman N Johnson, Jr on 11/16/2021. (AHI) (Entered: 11/16/2021)

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11/16/2021
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Docket(#8) ORDER - Plaintiff's response to the #6 motion to dismiss is due within 14 days of this order; defendants reply is due within 7 days of plaintiff's response. Signed by Magistrate Judge Herman N Johnson, Jr on 11/16/2021. (AHI) (Entered: 11/16/2021)

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11/15/2021
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Docket(#7) Brief re #6 MOTION to Dismiss for Lack of Jurisdiction filed by City of Cullman, Alabama. (Canupp, David) (Entered: 11/15/2021)

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11/15/2021
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Docket(#6) MOTION to Dismiss for Lack of Jurisdiction by City of Cullman, Alabama. (Attachments: #1 Exhibit A - State Court Complaint)(Canupp, David) (Entered: 11/15/2021)

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10/25/2021
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Docket(#5) SUMMONS Returned Executed by Cullman Electric Cooperative, City of Cullman, Alabama served on 10/25/2021 answer due by 11/15/2021 (Raleigh, Richard) Modified on 11/4/2021 (AHI). (Entered: 10/25/2021)

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10/25/2021
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Docket(#4) Summons Issued as to City of Cullman, Alabama, by Clerk and given to Plaintiff for service. (BJL) (Entered: 10/25/2021)

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10/25/2021

DocketFiling fee: $ 402.00, receipt number B4601004990 (BJL) (Entered: 10/25/2021)

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10/22/2021
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Docket(#3) NOTICE of Assignment of Case to a United States Magistrate Judge for Trial (AHI) (Entered: 10/22/2021)

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10/22/2021
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Docket(#2) MOTION for Preliminary Injunction by Cullman Electric Cooperative. (AHI) (Entered: 10/22/2021)

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10/22/2021
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Docket(#1) COMPLAINT against City of Cullman, Alabama filed by Cullman Electric Cooperative.(AHI) (Entered: 10/22/2021)

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