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Case TitlePartners in Neighborhood Growth v. Housing Authority for the Birmingham District et al
DistrictNorthern District of Alabama
CitySouthern
Case Number2:2011cv01735
Date Filed2011-05-26
Date Closed2013-03-25
JudgeChief Judge Sharon Lovelace Blackburn
PlaintiffPartners in Neighborhood Growth
DefendantHousing Authority for the Birmingham District
DefendantDepartment of Housing and Urban Development
TERMINATED: 03/06/2013
Documents
Docket
Complaint
Opinion/Order [64]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-05-261COMPLAINT against Housing Authority for the Birmingham District, filed by Partners in Neighborhood Growth.(KGE) (Entered: 05/26/2011)
2011-06-02Filing fee: $ 350.00, receipt number B4601023494 (KGE, ) (Entered: 06/02/2011)
2011-06-032Request for service by certified mail filed by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 06/03/2011)
2011-06-033Summons Issued as to Housing Authority for the Birmingham District, mailed certified mail (KGE, ) (Entered: 06/03/2011)
2011-06-094SUMMONS Returned Executed Housing Authority for the Birmingham District served on 6/8/2011, answer due 6/29/2011. (KGE, ) (Entered: 06/09/2011)
2011-06-245MOTION to Dismiss for Lack of Jurisdiction by Housing Authority for the Birmingham District. (Attachments: # 1 Exhibit Exhibit A)(Israel, Adam) (Entered: 06/24/2011)
2011-06-246AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants, filed by Partners in Neighborhood Growth.(Loder, Lee) (Entered: 06/24/2011)
2011-06-247Request for service by certified mail filed by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 06/24/2011)
2011-06-258MOTION for Partial Summary Judgment by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit RFP 11-03, Part 1, # 2 Exhibit RFP 11-03, Part 2, # 3 Exhibit RFP 11-03, Part 3, # 4 Exhibit FOIA/Open Records Requests)(Loder, Lee) (Entered: 06/25/2011)
2011-06-259Request for service by certified mail filed by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 06/25/2011)
2011-06-2710ORDER Before the court are two motions: (1) the motion to dismiss filed by dft, Housing Authority of the Birmingham District 5 ; and (2) the motion for partial summary judgment filed by pla, Partners in Neighborhood Growth 8 . Both motions are SET for the courts regularly scheduled motion docket on 7/22/11, at 9:00 a.m. Signed by Judge William M Acker, Jr on 6/27/11. (Attachments: # 1 Exhibit Motion Docket Instructions)(KGE) (Entered: 06/27/2011)
2011-06-2811Evidentiary Material re: 8 MOTION for Partial Summary Judgment First Supplemental Exhibit . (Attachments: # 1 Exhibit HABD Procurement Statement)(Loder, Lee) (Entered: 06/28/2011)
2011-06-3012SUMMONS Returned Executed Department of Housing and Urban Development served on 6/29/2011, answer due 7/20/2011. (KGE, ) (Entered: 07/01/2011)
2011-07-0113SUMMONS Returned Executed on U.S. Attorney's Office served on 6/29/11, answer due 7/20/11 (KGE, ) (Entered: 07/01/2011)
2011-07-0614MOTION to Stay CONSIDERATION OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT by Housing Authority for the Birmingham District. (Israel, Adam) (Entered: 07/06/2011)
2011-07-0715RESPONSE in Opposition re 14 MOTION to Stay CONSIDERATION OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT Motion to Strike and Motion for Leave to Engage in Limited Discovery filed by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 07/07/2011)
2011-07-07MOTIONS CONTAINED WITHIN Doc 15 : MOTION to Strike dft's alternative motion to stay; MOTION to Continue the hrg on dft's motion to dismiss; and MOTION for Extension of Time to Engage in Limited Discovery on issue of subject-matter jurisdiction by Partners in Neighborhood Growth. (KWC) (Entered: 07/07/2011)
2011-07-07ORDER granting and ordering accordingly 14 Motion to Stay consideration of motion for partial summary judgment. Signed by Judge William M. Acker, Jr. on 07/07/11. (SKB) (Entered: 07/07/2011)
2011-07-0716ORDER Plas motion to strike and for other relief filed on 7/7/11, will be heard at this courts regular motion docket at 9:00 a.m., 7/22/11, at which time the court will decide whether pla is entitled to limited discovery before dfts motion to dismiss is ruled upon. Signed by Judge William M Acker, Jr on 7/7/11. (KGE) (Entered: 07/07/2011)
2011-07-1117SUMMONS Returned Executed by US Department of Justice. US Department of Justice served on 7/5/2011, answer due 9/6/2011. (KGE, ) (Entered: 07/11/2011)
2011-07-1918MOTION to Strike DEFENDANTS CONSOLIDATED MOTION TO STRIKE THE DECLARATION OF LEE WENDELL LODER AND RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LIMITED JURISDICTIONAL DISCOVERY by Housing Authority for the Birmingham District. (Israel, Adam) (Entered: 07/19/2011)
2011-07-2019NOTICE of Hearing on Motion: 18 DEFENDANTS CONSOLIDATED MOTION TO STRIKE. Motion Hearing set for Friday, 7/22/2011 at 09:00 AM in Hugo L Black US Courthouse, 4-B, Birmingham, AL before Judge William M Acker Jr. (KWC) (Entered: 07/20/2011)
2011-07-2120RESPONSE in Opposition re 5 MOTION to Dismiss for Lack of Jurisdiction, 14 MOTION to Stay CONSIDERATION OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT , 18 MOTION to Strike DEFENDANTS CONSOLIDATED MOTION TO STRIKE THE DECLARATION OF LEE WENDELL LODER AND RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LIMITED JURISDICTIONAL DISCOVERY filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit HUD Procurement Handbook, # 2 Exhibit HABD Statement of Procurement Policy, # 3 Exhibit HUD Instructions to Offerors, # 4 Exhibit July 2, 2011 PING Appeal to HUD, # 5 Exhibit March 30, 2011 Appeal to HABD Executive Director, # 6 Exhibit March 9, 2011 Initial Bid Protest, # 7 Exhibit Boston Housing Authority Web Circular, Re: FOIA)(Loder, Lee) (Entered: 07/21/2011)
2011-07-22Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 7/22/2011 re all pending motions. Arguments heard, court's comments; written order to be entered by court.(Court Reporter Leah Turner) (KWC) (Entered: 07/22/2011)
2011-07-2221ORDER Consistent with the colloquy held during the 7/22/11 motion hearing, the case is STAYED unless and until dft, Department of Housing and Urban Development, has been properly served and has appeared. Signed by Judge William M Acker, Jr on 7/22/11. (KGE, ) (Entered: 07/22/2011)
2011-07-2922First MOTION for Extension of Time to File Answer or to Otherwise Respond to the Amended Complaint by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 07/29/2011)
2011-08-01ORDER granting and ordering accordingly 22 Motion for Extension of Time to Answer Department of Housing and Urban Development answer due 8/15/2011. Signed by Judge William M. Acker, Jr. on 8/1/11. (BMS) (Entered: 08/01/2011)
2011-08-1623MOTION to Dismiss for Lack of Jurisdiction by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 08/16/2011)
2011-08-1624Evidentiary Material re: 23 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Exhibit Declaration of Jemine A. Bryon (with attached March 30th Letter), # 2 Exhibit Declaration of Deborah A. Hernandez (with attached March 30th Letter), # 3 Exhibit Declaration of Emma H. Newsome (with attached March 30th Letter), # 4 Exhibit Declaration of Dana P. Carroll (with attached March 30th Letter), # 5 Exhibit Declaration of Keia L. Neal (with attached March 30th Letter), # 6 Exhibit Declaration of Ed Sprayberry (with attached fax), # 7 Exhibit Declaration of Cindy S. Yarbrough (with attached fax), # 8 Exhibit Declartion of Hollis Wormsby (with attached fax and July 8th FOIA Response), # 9 Exhibit Correspondence, dated 13 July 2011, Clarifying HUD's July 8, 2011 FOIA Response)(Ragland, Edward) (Entered: 08/16/2011)
2011-08-1625Brief re 23 MOTION to Dismiss for Lack of Jurisdiction. (Ragland, Edward) (Entered: 08/16/2011)
2011-08-1626MOTION for Extension of Time to File a response to plas Amended Complaint by Department of Housing and Urban Development. (Ragland, Edward) Modified text on 8/16/2011 (KGE, ). (Entered: 08/16/2011)
2011-08-1627MOTION for Default Judgment as to HUD , MOTION to Strike 23 MOTION to Dismiss for Lack of Jurisdiction, 24 Evidentiary Material,,, 26 MOTION for Extension of Time to File, 25 Brief, MOTION for Sanctions by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 08/16/2011)
2011-08-16ORDER granting and ordering accordingly 26 Motion for leave to file response to plaintiff's amended complaint. Signed by Judge William M. Acker, Jr. on 08/16/11. (SKB) (Entered: 08/16/2011)
2011-08-1628MOTION for Summary Judgment in Opposition to Defendant HUD's Motion to Dismiss by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit HUD fax log and email, 3/30/11 FOIA request & certified mail tracking information, # 2 Exhibit 7/13/11 HUD FOIA response, # 3 Exhibit HUD's appeal acknowledgement)(Loder, Lee) (Entered: 08/16/2011)
2011-08-1629NOTICE of Hearing on Motions: 23 27 28 . Motion Hearing set for Friday, 8/19/2011 at 09:00 AM in Hugo L Black US Courthouse, 4-B, Birmingham, AL before Judge William M Acker Jr. (KWC) (Entered: 08/16/2011)
2011-08-1730MOTION for Order to Show Cause in Response to Defendant HUD's Motion to Dismiss & Declarations thereto by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit May, 2011 FOIA Request)(Loder, Lee) (Entered: 08/17/2011)
2011-08-1731NOTICE of Hearing: ALL PENDING MOTIONS will now be heard at the August motion docket. Motion Hearing set for Friday, 8/19/2011 at 09:00 AM in Hugo L Black US Courthouse, 4-B, Birmingham, AL before Judge William M Acker Jr. (KWC) (Entered: 08/17/2011)
2011-08-1832RESPONSE in Opposition re 30 MOTION for Order to Show Cause in Response to Defendant HUD's Motion to Dismiss & Declarations thereto filed by Department of Housing and Urban Development. (Attachments: # 1 Exhibit declaration, # 2 Exhibit declaration, # 3 Errata declaration)(Ragland, Edward) (Entered: 08/18/2011)
2011-08-1833REPLY to Response to Motion re 30 MOTION for Order to Show Cause in Response to Defendant HUD's Motion to Dismiss & Declarations thereto filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit HABD Procurement Statement, # 2 Exhibit HUD Handbook Excerpts)(Loder, Lee) (Entered: 08/18/2011)
2011-08-19Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 8/19/2011 re all pending motions; arguments heard; written order to be entered by court. (Court Reporter Teresa Roberson) (KWC) (Entered: 08/19/2011)
2011-08-2634MOTION to Amend/Correct Motion for Leave to Amend Complaint to Add Formal Bid Protest by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit HUD Response to PING Appeal, # 2 Exhibit PING Revised Appeal Letter)(Loder, Lee) (Entered: 08/26/2011)
2011-08-2935NOTICE of Hearing on Motion: 34 Motion for Leave to Amend Complaint. Motion Hearing is set for Friday, 9/16/2011 at 09:00 AM in Hugo L Black US Courthouse, 4-B, Birmingham, AL before Judge William M Acker Jr. (KWC) (Entered: 08/29/2011)
2011-09-0636NOTICE of Hearing on ALL PENDING Motions in this case. Motion Hearing is set for Friday, 9/16/2011 at 09:00 AM in Hugo L Black US Courthouse. 4-B, Birmingham, AL before Judge William M Acker Jr. (KWC) (Entered: 09/06/2011)
2011-09-1337MOTION to Amend/Correct Re: Leave to Add Additional FOIA/Open Records Violations by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 8/31/11 FOIA/Open Records Request, # 2 Exhibit Exhibit to 8/31/11 FOIA/Open Records Request, # 3 Exhibit Exhibit to 8/31/11 FOIA/Open Records Request)(Loder, Lee) (Entered: 09/13/2011)
2011-09-1438NOTICE of Hearing on Motion: 37 MOTION to Amend/Correct Re: Leave to Add Additional FOIA/Open Records Violations . Motion Hearing is set for Friday, 9/16/2011 at 09:00 AM in Hugo L Black US Courthouse, 4-B, Birmingham, AL before Judge William M Acker Jr. (KWC) (Entered: 09/14/2011)
2011-09-1439RESPONSE in Opposition re 34 MOTION to Amend/Correct Motion for Leave to Amend Complaint to Add Formal Bid Protest Consolidated Response in Opposition to Motions for Leave to Amend and Motion to Stay Further Pleadings filed by Housing Authority for the Birmingham District. (Attachments: # 1 Exhibit A)(Israel, Adam) (Entered: 09/14/2011)
2011-09-1540Opposition to re 37 , 34 Plaintiff's Motions for Leave to Amend Complaint filed by Department of Housing and Urban Development. (Attachments: # 1 Exhibit A, HUD Correspondence to Counsel for Plaintiff, dated 14 September 2011)(Ragland, Edward) (Entered: 09/15/2011)
2011-09-1541MOTION to Stay re 28 MOTION for Summary Judgment in Opposition to Defendant HUD's Motion to Dismiss by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 09/15/2011)
2011-09-16Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 9/16/2011 re pending motions; arguments heard; written order to be entered by court; (Court Reporter Leah Turner) (KWC) (Entered: 09/16/2011)
2011-09-1642ORDER pla, Partners in Neighborhood Growth, is ORDERED to amend its amended complaint 6 to attempt to state a claim under 42 U.S.C. § 1983. PINGs amended complaint must be filed by 9/23/11. Any response by dfts, Housing Authority of the Birmingham District and the Department of Housing and Urban Development, must be filed by 9/30/11. Any reply by PING must be filed by 10/7/11. All pending motions and all further filings are STAYED pending HABDs and HUDs opportunity to respond to the amended complaint and PINGs opportunity to reply. Signed by Judge William M Acker, Jr on 9/16/11. (KGE) (Entered: 09/16/2011)
2011-09-2243AMENDED COMPLAINT Plaintiff's Second Amended Complaint against Department of Housing and Urban Development, Housing Authority for the Birmingham District, filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit HABD Statement of Procurement Policy, # 2 Exhibit HUD Procurement Handbook for Public Housing Agencies)(Loder, Lee) (Entered: 09/22/2011)
2011-09-3044MOTION to Dismiss by Housing Authority for the Birmingham District. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit B - Part 1, # 5 Exhibit B - Part 2)(Israel, Adam) (Entered: 09/30/2011)
2011-09-3045MOTION to Dismiss for Lack of Jurisdiction and , MOTION to Dismiss for Failure to State a Claim as to all claims in Plaintiff's Second Amended Complaint by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 09/30/2011)
2011-09-3046Evidentiary Material re: 45 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim as to all claims in Plaintiff's Second Amended Complaint . (Attachments: # 1 Exhibit DEX 10 First Supplemental Declaration of Hollis Wormsby, # 2 Exhibit DEX 11 First Supplemental Declaration of Cindy Yarbrough, # 3 Exhibit DEX 12 First Supplemental Declaration of Ed Sprayberry, # 4 Exhibit DEX 13 Plaintiff's Amended Appeal of Bid Protest Denial, # 5 Exhibit DEX 14 HUD Correspondence, dated August 26, 2011, # 6 Exhibit DEX 15, HUD Correspondence, dated September 14, 2011)(Ragland, Edward) (Entered: 09/30/2011)
2011-10-0547ORDER Before the court are separate motions 44 & 45 of dfts, Housing Authority of the Birmingham District and the Department of Housing and Urban Development, to dismiss the action as presented in the last amended complaint. Although pla, Partners in Neighborhood Growth, continues to have the opportunity to respond to the motions to dismiss, the court has decided to delay ruling on the motions to dismiss until PINGs current appeal to HUD is decided. Signed by Judge William M Acker, Jr on 10/5/11. (KGE, ) (Entered: 10/05/2011)
2011-10-0748RESPONSE in Opposition re 44 MOTION to Dismiss, 45 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim as to all claims in Plaintiff's Second Amended Complaint filed by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 10/07/2011)
2012-01-0249MOTION to Amend/Correct 47 Order,, & Notice of Appeal by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit HUD Report Denying 11-03/11-09 Bid Protests)(Loder, Lee) (Entered: 01/02/2012)
2012-01-0250MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit Exhibit A, Re: HABD Corporate Resolution Requirement, # 2 Exhibit Exhibit B, Re: HUD Corporate Certification Requirement, # 3 Exhibit Exhibit C, Re: HUD Handbook making Corporate Certification Mandatory, # 4 Exhibit Exhibit D, Re: McCoy Incomplete HUD Certification Omitting Authorized Negotiator Submitted with 11-09 Bid, # 5 Exhibit Exhibit E, Re: PING Corporate Resolution and Certification Submitted with 11-09 Bid)(Loder, Lee) (Entered: 01/02/2012)
2012-01-0351NOTICE of Appearance by U W Clemon on behalf of Housing Authority for the Birmingham District (Clemon, U) (Entered: 01/03/2012)
2012-01-0452ORDER REASSIGNING CASE. Case reassigned to Chief Judge Sharon Lovelace Blackburn for all further proceedings. Judge William M Acker, Jr no longer assigned to case. PLEASE USE CASE NUMBER CV 11-B-1735-S ON ALL FURTHER PLEADINGS. Signed by Judge William M Acker, Jr on 1/4/12. (KGE, ) (Entered: 01/04/2012)
2012-01-0553MOTION to Dismiss by Housing Authority for the Birmingham District. (Attachments: # 1 Exhibit EXHIBIT A)(Israel, Adam) (Entered: 01/05/2012)
2012-01-0654ORDER Setting Hearing on Motion 53 MOTION to Dismiss : pla's opposition is due by 1/23/2012; reply is due by 2/6/2012; Oral argument is set for 2/15/2012 02:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 1/6/2012. (KAM, ) (Entered: 01/06/2012)
2012-01-0655ORDER denying 50 Motion for TRO; oppositon to 50 motion for preliminary injunction is due by 1/23/2012; reply due by 2/6/2012; Hearing set for 2/15/2012 at 2:00pm. Signed by Chief Judge Sharon Lovelace Blackburn on 1/6/2012. (KAM, ) (Entered: 01/06/2012)
2012-01-2056MOTION to Dismiss (Renewed) Plaintiff's Second Amended Complaint by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 01/20/2012)
2012-01-2357RESPONSE in Opposition re 56 MOTION to Dismiss (Renewed) Plaintiff's Second Amended Complaint , 53 MOTION to Dismiss filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit HABD Statement of Procurement, # 2 Exhibit HUD Handbook Excerpts, # 3 Exhibit HUD Instruction to Offerors)(Loder, Lee) (Entered: 01/23/2012)
2012-01-2358RESPONSE in Opposition re 50 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Housing Authority for the Birmingham District. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B, # 3 Exhibit EXHIBIT C, # 4 Exhibit EXHIBIT D)(Israel, Adam) (Entered: 01/23/2012)
2012-01-2359RESPONSE in Opposition re 50 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 01/23/2012)
2012-01-2460MOTION for Leave to File Amended Federal Defendant's Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by Department of Housing and Urban Development. (Attachments: # 1 Exhibit Proposed Amended Federal Defendant's Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction)(Ragland, Edward) (Entered: 01/24/2012)
2012-01-3061NOTICE by Partners in Neighborhood Growth re 50 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Withdrawal of Motion for TRO/Preliminary Injunction (Attachments: # 1 Exhibit HABD Circular, Re: Community Center Operations as of March 1, 2012)(Loder, Lee) (Entered: 01/30/2012)
2012-02-0662RESPONSE in Support re 53 MOTION to Dismiss filed by Housing Authority for the Birmingham District. (Israel, Adam) (Entered: 02/06/2012)
2012-02-0663REPLY Brief filed by Defendant Department of Housing and Urban Development re: 56 MOTION to Dismiss (Renewed) Plaintiff's Second Amended Complaint filed by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 02/06/2012)
2012-02-2164MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 2/21/2012. (KAM, ) (Entered: 02/21/2012)
2012-02-2165ORDER denying 49 Motion to Amend/Correct; granting in part and denying in part 53 Motion to Dismiss by HABD, motion is granted as to Counts 1 & 3 and those counts are dismissed w/out prejudice, motion is denied as to Count 2; granting 56 Motion to Dismiss, Count 1 of pla's second amended complaint against HUD is dismissed w/out prejudice; Count 3 is dismissed w/prejudice. PING shall file its proposed amended complaint, if any, by 3/19/2012 Signed by Chief Judge Sharon Lovelace Blackburn on 2/21/2012. (KAM, ) (Entered: 02/21/2012)
2012-02-26ORDER finding as moot 5 Motion to Dismiss for Lack of Jurisdiction filed by the defendant; denying as moot 8 Plaintiff's Motion for Partial Summary Judgment. Signed by Chief Judge Sharon Lovelace Blackburn on 1/26/12. (Blackburn, Sharon) (Entered: 02/26/2012)
2012-03-13ORDER finding as moot Plaintiff's Motion to Strike ; finding as moot plaintiff's Motion to Continue; finding as moot plaintiff's Motion for Extension of Time to Complete Discovery. These Motions were all contained in Document 15. Signed by Chief Judge Sharon Lovelace Blackburn on 3/13/12. (Blackburn, Sharon) (Entered: 03/13/2012)
2012-03-13ORDER finding as moot 18 Defendant's Consolidated Motion to Strike ; denied as Moot 23 Defendant HUD's Motion to Dismiss for Lack of Jurisdiction; denying 27 Plaintiff's Motion to Strike Pleadings, denying 27 Plaintiff's Motion for Default Judgment; denying 27 Plaintiff's Motion for Sanctions. Signed by Chief Judge Sharon Lovelace Blackburn on 3/13/12. (Blackburn, Sharon) (Entered: 03/13/2012)
2012-03-13ORDER denying as moot 28 Plaintiff's Motion for Summary Judgment; denying 30 Plaintiff's Motion for Order to Show Cause; denying as moot 34 Plaintiff's Motion to Amend/Correct; denying 37 Plaintiff's Motion to Amend/Correct; finding as moot 41 Federal Defendant HUD'S Motion to Stay; finding as moot 44 Motion to Dismiss filed by Housing Authority for the Birmingham District; finding as moot 45 Motion to Dismiss for Lack of Jurisdiction filed by the Department of HUD; finding as moot 45 Motion to Dismiss for Failure to state a claim filed by the Department of HUD; finding as moot because withdrawn 50 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction; granting 60 Federal Defendant HUD's Motion for Leave to File Amended Opposition to doc. 50. Signed by Chief Judge Sharon Lovelace Blackburn on 3/13/12. (Blackburn, Sharon) (Entered: 03/13/2012)
2012-03-1966AMENDED COMPLAINT Plaintiff's Third Amended Complaint against Housing Authority for the Birmingham District, filed by Partners in Neighborhood Growth.(Loder, Lee) (Entered: 03/19/2012)
2012-03-1967MOTION for Leave to Appeal, MOTION to Amend/Correct Renewed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit Plaintiff's Proposed Fourth Amended Complaint, # 2 Exhibit HUD's Review Decision, # 3 Exhibit PING's HUD Bid Protest)(Loder, Lee) (Entered: 03/19/2012)
2012-03-2868MOTION for Extension of Time to Respond in Light of Contemplated Rule 11 Proceedings by Housing Authority for the Birmingham District. (Israel, Adam) (Entered: 03/28/2012)
2012-03-29ORDER granting 68 Motion for Extension of Time. Signed by Chief Judge Sharon Lovelace Blackburn on 03/29/2012. (SDB, ) (Entered: 03/29/2012)
2012-03-3069MOTION for Extension of Time to File Answer re 67 MOTION for Leave to Appeal MOTION to Amend/Correct Renewed , 66 Amended Complaint by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 03/30/2012)
2012-04-1870MOTION to Dismiss Plaintiff's Motion to Dismiss Open Records Act claim, only by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 04/18/2012)
2012-05-1571MOTION to Dismiss Claim Based on Equal Protection, Only, & Notice of Redaction by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 05/15/2012)
2012-05-2272MOTION for Sanctions PURSUANT TO RULE 11 by Housing Authority for the Birmingham District. (Attachments: # 1 Exhibit A)(Israel, Adam) (Entered: 05/22/2012)
2012-05-2273MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions by Partners in Neighborhood Growth. (Attachments: # 1 Affidavit Horn Declaration, # 2 Affidavit Johnson Declaration, # 3 Exhibit Balch & Bingham Bid Protest Circular)(Loder, Lee) (Entered: 05/22/2012)
2012-05-2374ORDER Setting Hearing on Motion 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions , 72 MOTION for Sanctions PURSUANT TO RULE 11 : HABD may reply to pla's opposition by 6/5/2012; opposition to motion for sumjgm is due by 6/15/2012; pla may reply to HABD's opp by 6/29/2012 Motion Hearing set for 8/9/2012 03:00 PM before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 5/23/2012. (KAM, ) (Entered: 05/23/2012)
2012-05-2375AFFIDAVIT in Support re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Horn Restated Declaration (PART1) Exhibits 1-10 filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Loder, Lee) (Entered: 05/23/2012)
2012-05-2376AFFIDAVIT in Support re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Horn Restated Declaration (PART 2) Exhibits 11 - 25 filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20, # 11 Exhibit 21, # 12 Exhibit 22, # 13 Exhibit 23, # 14 Exhibit 24, # 15 Exhibit 25)(Loder, Lee) (Entered: 05/23/2012)
2012-05-2377AFFIDAVIT in Support re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Horn Restated Declaration (PART 3) Exhibits 26 & 27 filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 26, # 2 Exhibit 27)(Loder, Lee) (Entered: 05/23/2012)
2012-05-2378AFFIDAVIT in Support re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Horn Restated Declaration (PART 4) Exhibits 29 - 40 filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 29, # 2 Exhibit 30, # 3 Exhibit 31, # 4 Exhibit 32, # 5 Exhibit 33, # 6 Exhibit 34, # 7 Exhibit 35, # 8 Exhibit 36, # 9 Exhibit 37, # 10 Exhibit 38, # 11 Exhibit 39, # 12 Exhibit 40)(Loder, Lee) (Entered: 05/23/2012)
2012-05-2379AFFIDAVIT in Support re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Horn Restated Declaration (PART 5) Exhibits 41 - 51 & 53 - 60 filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 41, # 2 Exhibit 42, # 3 Exhibit 43, # 4 Exhibit 44, # 5 Exhibit 45, # 6 Exhibit 46, # 7 Exhibit 47, # 8 Exhibit 48, # 9 Exhibit 49A, # 10 Exhibit 49B, # 11 Exhibit 50, # 12 Exhibit 51, # 13 Exhibit 53,54, # 14 Exhibit 55, # 15 Exhibit 56, # 16 Exhibit 57, # 17 Exhibit 58, # 18 Exhibit 59, # 19 Exhibit 60)(Loder, Lee) (Entered: 05/23/2012)
2012-05-2380AFFIDAVIT in Support re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Horn Restated Declaration (PART 6) Exhibits 62-76 & 78-80 filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 62, # 2 Exhibit 63, # 3 Exhibit 64, # 4 Exhibit 65, # 5 Exhibit 66, # 6 Exhibit 66.5, # 7 Exhibit 67, # 8 Exhibit 68, # 9 Exhibit 69, # 10 Exhibit 70A, # 11 Exhibit 71, # 12 Exhibit 70B, # 13 Exhibit 72, # 14 Exhibit 73, # 15 Exhibit 74, # 16 Exhibit 75, # 17 Exhibit 76, # 18 Exhibit 78, # 19 Exhibit 79, # 20 Exhibit 80)(Loder, Lee) (Entered: 05/23/2012)
2012-05-2381AFFIDAVIT in Support re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Horn Restated Declaration (PART 7) Exhibits 81 & 83-100 filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 81, # 2 Exhibit 83, # 3 Exhibit 84, # 4 Exhibit 85, # 5 Exhibit 86, # 6 Exhibit 87, # 7 Exhibit 88, # 8 Exhibit 89, # 9 Exhibit 90, # 10 Exhibit 91, # 11 Exhibit 92, # 12 Exhibit 93, # 13 Exhibit 94, # 14 Exhibit 95, # 15 Exhibit 96, # 16 Exhibit 97, # 17 Exhibit 98, # 18 Exhibit 99, # 19 Exhibit 100)(Loder, Lee) (Entered: 05/23/2012)
2012-05-2482AFFIDAVIT in Support re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Horn Restated Declaration (PART 8) Exhibits 28, 77, 82, 91.5 & 102 filed by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit 28, # 2 Exhibit 77, # 3 Exhibit 82, # 4 Exhibit 91.5, # 5 Exhibit 102)(Loder, Lee) (Entered: 05/24/2012)
2012-05-2483Evidentiary Material re: 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Exhibit A - GRATTON 11-03 INVESTIGATIVE REPORT . (Loder, Lee) (Entered: 05/24/2012)
2012-05-2484Evidentiary Material re: 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Exhibit C - HUD BID PROTEST DECISION . (Loder, Lee) (Entered: 05/24/2012)
2012-05-2485Evidentiary Material re: 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Exhibit D - HABD ENABLING LEGISLATION, Alabama Code Section 24-1-27 (Powers and Duties) . (Loder, Lee) (Entered: 05/24/2012)
2012-05-2486Evidentiary Material re: 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions Exhibit B - GRATTON 11-09 INVESTIGATIVE REPORT . (Attachments: # 1 Exhibit Part B2, # 2 Exhibit Part B3)(Loder, Lee) (Entered: 05/24/2012)
2012-06-0187MOTION to Strike 76 Affidavit in Support of Motion,, 78 Affidavit in Support of Motion,, 80 Affidavit in Support of Motion,, 84 Evidentiary Material, 79 Affidavit in Support of Motion,, 75 Affidavit in Support of Motion, 77 Affidavit in Support of Motion, 86 Evidentiary Material, 85 Evidentiary Material, 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions , 81 Affidavit in Support of Motion,, 82 Affidavit in Support of Motion, 83 Evidentiary Material, HABD'S MOTION TO STRIKE OR HOLD IN ABEYANCE BRIEFING ON SUMMARY JUDGMENT by Housing Authority for the Birmingham District. (Israel, Adam) (Entered: 06/01/2012)
2012-06-0488RESPONSE in Opposition re 87 MOTION to Strike 76 Affidavit in Support of Motion,, 78 Affidavit in Support of Motion,, 80 Affidavit in Support of Motion,, 84 Evidentiary Material, 79 Affidavit in Support of Motion,, 75 Affidavit in Support of Motion, 77 Affidavit MOTION to Strike 76 Affidavit in Support of Motion,, 78 Affidavit in Support of Motion,, 80 Affidavit in Support of Motion,, 84 Evidentiary Material, 79 Affidavit in Support of Motion,, 75 Affidavit in Support of Motion, 77 Affidavit MOTION to Strike 76 Affidavit in Support of Motion,, 78 Affidavit in Support of Motion,, 80 Affidavit in Support of Motion,, 84 Evidentiary Material, 79 Affidavit in Support of Motion,, 75 Affidavit in Support of Motion, 77 Affidavit MOTION to Strike 76 Affidavit in Support of Motion,, 78 Affidavit in Support of Motion,, 80 Affidavit in Support of Motion,, 84 Evidentiary Material, 79 Affidavit in Support of Motion,, 75 Affidavit in Support of Motion, 77 Affidavit filed by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 06/04/2012)
2012-06-0589REPLY to Response to Motion re 72 MOTION for Sanctions PURSUANT TO RULE 11 Reply in Support of Rule 11 Motion filed by Housing Authority for the Birmingham District. (Israel, Adam) (Entered: 06/05/2012)
2012-06-0790NOTICE by Partners in Neighborhood Growth Initial Disclosures (Loder, Lee) (Entered: 06/07/2012)
2012-06-0891MOTION for Leave to File Amended Complaint , MOTION to Expedite Ruling by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit Proposed Fourth Amended & Restated Complaint, # 2 Exhibit HABD Abatement Motion in State Case)(Loder, Lee) (Entered: 06/08/2012)
2012-06-1292MOTION to Compel Defendant's Initial Disclosures by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 06/12/2012)
2012-06-1293MOTION to Compel Parties Planning Meeting or, in the alternative, Motion to Enter Scheduling Order by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 06/12/2012)
2012-06-1394MOTION for Protective Order by Housing Authority for the Birmingham District. (Israel, Adam) (Entered: 06/13/2012)
2012-06-1595RESPONSE in Opposition re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions HABD'S RESPONSE IN OPPOSITION TO PING'S MOTION FOR SUMMARY JUDGMENT filed by Housing Authority for the Birmingham District. (Israel, Adam) (Entered: 06/15/2012)
2012-06-1996ORDER denying 67 Motion for Leave to Appeal; denying 67 Motion to Amend/Correct; granting 69 Motion for Extension of Time to Answer ; denying 70 Motion to Dismiss; denying 71 Motion to Dismiss; denying 87 Motion to Strike ; denying 91 Motion to Expedite; denying 92 Motion to Compel; denying 93 Motion to Compel; granting 94 Motion for Protective Order ; oppositon to 91 motion to amend is due by 7/9/2012; reply by 7/20/2012; Oral argument on 91 motion to amend, 72 motion for sanction and 73 motion for summary judgment on 8/9/2012 at 3:00pm. Signed by Chief Judge Sharon Lovelace Blackburn on 6/19/2012. (KAM, ) (Entered: 06/19/2012)
2012-06-19Set/Reset Hearings: Oral argument on 91 motion to amend; 72 motion for sanctions and 73 motion for summary judgment is set for 8/9/2012 03:00 PM before Chief Judge Sharon Lovelace Blackburn. (KAM, ) (Entered: 06/19/2012)
2012-06-2997REPLY to Response to Motion re 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions filed by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 06/29/2012)
2012-06-2998MOTION for Sanctions Pursuant to Rule 11 and Motion to Strike Certain Rule 11 Contentions by Partners in Neighborhood Growth. (Attachments: # 1 Exhibit PING Rule 11 Notice to HABD, # 2 Exhibit HABD Rule 11 Notice to PING, # 3 Exhibit HABD Rule 11 Initial Draft Motion Attachment to PING, # 4 Exhibit Balch & Bingham Circular)(Loder, Lee) (Entered: 06/29/2012)
2012-07-0999Opposition to Fourth Amended Complaint filed by Housing Authority for the Birmingham District. (Clemon, U) (Entered: 07/09/2012)
2012-07-09100RESPONSE in Opposition re 91 MOTION for Leave to File Amended Complaint MOTION to Expedite Ruling filed by Department of Housing and Urban Development. (Ragland, Edward) (Entered: 07/09/2012)
2012-07-10101Evidentiary Material re: 100 Response in Opposition to Motion Plaintiff's State Complaint filed April 13, 2012 . (Ragland, Edward) (Entered: 07/10/2012)
2012-07-20102REPLY to Response to Motion re 91 MOTION for Leave to File Amended Complaint MOTION to Expedite Ruling filed by Partners in Neighborhood Growth. (Loder, Lee) (Entered: 07/20/2012)
2012-08-08103ORDER Setting Hearing on Motion 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions , 98 MOTION for Sanctions Pursuant to Rule 11 and Motion to Strike Certain Rule 11 Contentions , 72 MOTION for Sanctions PURSUANT TO RULE 11 , 91 MOTION for Leave to File Amended Complaint MOTION to Expedite Ruling : Motion Hearing set for 10/17/2012 03:00 PM before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 8/8/2012. (KAM, ) (Entered: 08/08/2012)
2012-10-04104ORDER Setting Hearing on Motion 73 MOTION for Summary Judgment Memorandum Brief In Support of Plaintiff's Motion for Summary Judgment & In Opposition to Defendant's Motion for Sanctions : Motion Hearing set for 2/13/2013 03:00 PM before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 10/3/2012. (KAM, ) (Entered: 10/04/2012)
2013-02-11105RESPONSE to re 98 PINGs Motion for Rule 11 Sanctions and Motion to Strike Certain Rule 11 Contentions filed by Housing Authority for the Birmingham District. (Attachments: # 1 Exhibit A - Draft Rule 11 Motion)(Israel, Adam) (Entered: 02/11/2013)
2013-03-06106STIPULATION of Dismissal with Prejudice of All Claims Against Defendant HUD by Department of Housing and Urban Development, Partners in Neighborhood Growth. filed by Department of Housing and Urban Development, Partners in Neighborhood Growth (Ragland, Edward) (Entered: 03/06/2013)
2013-03-06107ORDER in accordance with the stipulation of the parties; this matter is dismissed with prejudice against dft, US Department of Housing and Urban Development; the parties shall bear their own costs, atty fees and expenses. Signed by Chief Judge Sharon Lovelace Blackburn on 3/6/2013. (KAM, ) (Entered: 03/06/2013)
2013-03-25108ORDER that the court has been advised by counsel that this case has settled; DISMISSING CASE w/out prejudice to the right of any party to reopen w/in 60 days or submit a stipulated form of final judgment. Signed by Chief Judge Sharon Lovelace Blackburn on 3/25/2013. (KAM, ) (Entered: 03/25/2013)
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