5:21-CV-01421
10/22/2021
Disposed - Other Disposed
Other
C Lynwood Smith, Jr
Cullman Electric Cooperative
City of Cullman, Alabama
Christopher Lea Lockwood
Richard R Raleigh, Jr
David J Canupp
George W Royer, Jr
Roy W Williams, Jr
Andrew Thomas Toler
(#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) 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) NOTICE of Appearance by Andrew Thomas Toler on behalf of City of Cullman, Alabama (Toler, Andrew) (Entered: 12/14/2021)
(#18) RESPONSE in Opposition re #16 MOTION to Consolidate Cases (Opposed) filed by City of Cullman, Alabama. (Canupp, David) (Entered: 12/09/2021)
(#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) MOTION to Consolidate Cases (Opposed) by Cullman Electric Cooperative. (Lockwood, Christopher) (Entered: 12/08/2021)
Exhibit A
(#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) RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Cullman Electric Cooperative. (Raleigh, Richard) (Entered: 11/30/2021)
(#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) Brief re #6 MOTION to Dismiss for Lack of Jurisdiction filed by City of Cullman, Alabama. (Canupp, David) (Entered: 11/15/2021)
Exhibit A - State Court Complaint
(#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) 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) Summons Issued as to City of Cullman, Alabama, by Clerk and given to Plaintiff for service. (BJL) (Entered: 10/25/2021)
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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#19) NOTICE of Appearance by Andrew Thomas Toler on behalf of City of Cullman, Alabama (Toler, Andrew) (Entered: 12/14/2021)
[-] Read LessDocket(#18) RESPONSE in Opposition re #16 MOTION to Consolidate Cases (Opposed) filed by City of Cullman, Alabama. (Canupp, David) (Entered: 12/09/2021)
[-] Read LessDocket(#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)
[-] Read LessDocket(#16) MOTION to Consolidate Cases (Opposed) by Cullman Electric Cooperative. (Lockwood, Christopher) (Entered: 12/08/2021)
[-] Read LessDocket(#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)
[-] Read LessDocket(#14) RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Cullman Electric Cooperative. (Raleigh, Richard) (Entered: 11/30/2021)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#7) Brief re #6 MOTION to Dismiss for Lack of Jurisdiction filed by City of Cullman, Alabama. (Canupp, David) (Entered: 11/15/2021)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#4) Summons Issued as to City of Cullman, Alabama, by Clerk and given to Plaintiff for service. (BJL) (Entered: 10/25/2021)
[-] Read LessDocketFiling fee: $ 402.00, receipt number B4601004990 (BJL) (Entered: 10/25/2021)
[-] Read LessDocket(#3) NOTICE of Assignment of Case to a United States Magistrate Judge for Trial (AHI) (Entered: 10/22/2021)
[-] Read LessDocket(#2) MOTION for Preliminary Injunction by Cullman Electric Cooperative. (AHI) (Entered: 10/22/2021)
[-] Read LessDocket(#1) COMPLAINT against City of Cullman, Alabama filed by Cullman Electric Cooperative.(AHI) (Entered: 10/22/2021)
[-] Read Less