Withers v. City of Aberdeen
| Mississippi Northern District Court | |
| Judge: | Sharion Aycock |
| Referred: | Roy Percy |
| Case #: | 1:24-cv-00218 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 19, 2024 |
| Case in other court: | Louisiana Middle, 3:23-cv-01510 |
| Last checked: Thursday Dec 19, 2024 2:09 PM CST |
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Defendant
City of Aberdeen
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Represented By
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Plaintiff
Tom Withers, III
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Represented By
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| Docket last updated: 12/27/2024 11:59 PM CST |
| Monday, December 23, 2024 | ||
| 38 | 38
order
Initial Order - Rule 16.1
Mon 12/23 10:21 AM
INITIAL ORDER - RULE 16.1 Case Management Conference set for 2/7/2025 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 12/23/24. (rtc) |
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| Thursday, December 19, 2024 | ||
| 37 | 37
notice
Clerk's Notice of Failure by Counsel to be Admitted
Thu 12/19 10:57 AM
CLERK'S NOTICE of Failure by Counsel to be Admitted to Practice Re: Helen M Daniel, Kathryn Y. Williams, Kathleen M. Wilson (jla) |
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| 36 | 36
transfer
Case Transferred In - District Transfer
Thu 12/19 10:54 AM
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notice
Notice of Assignment
Thu 12/19 11:00 AM
NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Percy. (jla) |
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| Wednesday, December 18, 2024 | ||
| 35 | 35
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (EDC)
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RULING AND Order: Granted in part and denied in part17 Motion to Dismiss. This matter is hereby TRANSFERRED to the United States District Court for the Northern District of Mississippi. Signed by Judge Brian A. Jackson on 12/18/2024. (EDC)
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| Monday, December 09, 2024 | ||
| 33 | 33
NOTICE and Waiver of Conflict of Interest by City of Aberdeen. (EDC)
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| 32 | 32
ORDER granting31 MOTION for Leave to File Out of Time Notice of Waiver of Conflict of Interest. The December 10 Hearing in this matter be and is hereby CANCELLED. Signed by Judge Brian A. Jackson on 12/9/2024. (EDC)
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| Friday, December 06, 2024 | ||
| 31 | 31
MOTION for Leave to File Out of Time Notice of Waiver of Conflict of Interest by All Defendants(Daniel, Helen) Modified on 12/9/2024 to edit text. (EDC)
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Att: 1
Proposed Pleading; Notice of Waiver of Conflict of Interest,
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Att: 2
Exhibit Proposed Order
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| Wednesday, December 04, 2024 | ||
| 30 | 30
NOTICE and Waiver of Potential Conflict of Interest by Tom Withers, III (Wilson, Kathleen) Modified on 12/5/2024 to edit text. (EDC)
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| Thursday, November 14, 2024 | ||
| 29 | 29
ORDER: A hearing on the representation issue be and is hereby set for December 10, 2024, at 10:00 A.M. in Courtroom 2. In the alternative, counsel for each party may file a notice certifying that they have notified their clients of the simultaneous representation discussed during the Telephone Status Conference. Such notices should be filed on or before December 4, 2024. Signed by Judge Brian A. Jackson on 11/14/2024. (CIS)
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| Tuesday, November 12, 2024 | ||
| 28 | 28 Minute Entry for conference held before Judge Brian A. Jackson: Telephone Status Conference held on 11/12/2024. PRESENT: Kathleen M. Wilson, Counsel for Plaintiff, Tom Withers, III; Helen M. Daniel and Kathryn Y. Williams, Counsel for Defendant, City of Aberdeen. Status of mater discussed. Court to issue an Order with further instruction, including a hearing date. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EAB) [Transferred from Louisiana Middle on 12/19/2024.] | |
| Monday, October 28, 2024 | ||
| 27 | 27 Notice to Counsel Resetting Hearing: Telephone Status Conference before the District Judge HAS BEEN RESET to 11/12/2024 at 2:00 PM before Judge Brian A. Jackson. Dial in instructions will be sent prior to the Status Conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(EAB) | |
| Friday, October 25, 2024 | ||
| 26 | 26 Notice to Counsel: Telephone Status Conference before the District Judge set for 10/31/2024 at 10:00 AM before Judge Brian A. Jackson. Dial in instructions will be sent prior to the Status Conference. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EAB) | |
| Tuesday, May 07, 2024 | ||
| 25 | 25
ORDER granting in part24 Motion to Strike and for Leave to File Reply to document number 22. The Plaintiff's 23 Reply is stricken from the record. The request for Leave to File Reply is denied. Signed by Judge Brian A. Jackson on 5/7/2024. (JEG)
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| Monday, April 29, 2024 | ||
| 24 | 24
MOTION to Strike 23 Response , MOTION for Leave to File Reply to document number 22 by Tom Withers, III(Wilson, Kathleen)
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Att: 1
Proposed Pleading; Reply to Reply
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| 23 | 23 STRICKEN FROM THE RECORD Reply in Opposition to22 Reply to17 Motion to Dismiss filed by Tom Withers, III. (Wilson, Kathleen) Modified on 4/29/2024 to edit title of document and to add linkage to document 17. (JEG). Modified on 5/7/2024 to strike document in accordance with Order, rec doc 25. (JEG) | |
| Monday, April 22, 2024 | ||
| 22 | 22
REPLY in Support of17 MOTION to Dismiss Plaintiff's Complaint for Improper Venue Pursuant to Rule 12(B)(3) Lack of Personal Jurisdiction Pursuant to Rule 12 (B)(2) MOTION to Transfer Venue MOTION to Dismiss Plaintiff's Complaint in its Entirety Pursant to Rule 12(b)(6) filed by City of Aberdeen.(Williams, Kathryn)
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Att: 1
Exhibit Declaration of Robert Faulks,
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Att: 2
Exhibit Aberdeen Board of Alderman June 7th 21st & 24th, 2016 Meeting Minutes,
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Att: 3
Exhibit May 2019 Email from Robert Faulks to Kathleen Wilson,
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Att: 4
Exhibit Aberdeen Board of Aldermen June 4, 2019 Meeting Minutes,
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Att: 5
Exhibit November 2019 Email from Robert Faulks to Kathleen Wilson
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| Monday, April 01, 2024 | ||
| 20 | 20
21
pgs
MEMORANDUM in Opposition to17 MOTION to Dismiss Plaintiff's Complaint for Improper Venue Pursuant to Rule 12(B)(3) Lack of Personal Jurisdiction Pursuant to Rule 12 (B)(2) MOTION to Transfer Venue MOTION to Dismiss Plaintiff's Complaint in its Entirety Pursant to Rule 12(b)(6) filed by Tom Withers, III. (Wilson, Kathleen) (Main Document 20 replaced on 4/1/2024) (EDC). (EDC). Modified on 4/1/2024 to separate documents. (EDC)
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Att: 1
(4/1/2024) Exhibit Exhibit A Monroe Journal article,
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Att: 2
(4/1/2024) Exhibit Exhibit B 10/7/2016 letter,
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Att: 3
(4/1/2024) Exhibit Exhibit C 10/14/2016 Opinion letter,
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Att: 4
(4/1/2024) Exhibit Exhibit D Re: Call with TVA,
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Att: 5
(4/1/2024) Exhibit Exhibit E 2/15/2018 Special Board Meeting,
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Att: 6
(4/1/2024) Exhibit Exhibit D TVA Proposal,
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Att: 7
(4/1/2024) Exhibit Exhibit F 11/16/2017 email City of Aberdeen Photovoltaic Project
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| Thursday, March 28, 2024 | ||
| 21 | 21
Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Scheduling Conference held on 3/28/2024. Status of this matter was discussed. Amended Pleadings due by 4/29/2024. Discovery due by 9/16/2024. Plaintiff`s Expert Witness List due by 8/1/2024. Defendant`s Expert Witness List due by 9/3/2024. Plaintiff`s Expert Reports due by 10/1/2024. Defendant`s Expert Reports due by 11/1/2024. Discovery from Experts due by 1/2/2025. Dispositive and Daubert Motions shall be filed by 3/3/2025. Proposed Pretrial Order due by 6/23/2025. Motions In Limine shall be filed by 7/21/2025. Affidavit of Settlement Efforts due by 8/4/2025. Pretrial Conference set for 7/17/2025 at 01:00 PM in chambers before Judge Brian A. Jackson. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 9/2/2025. Three day Jury Trial set for 9/15/2025 - 9/17/2025 at 08:30 AM in Courtroom 2 before Judge Brian A. Jackson. (EDC) [Transferred from Louisiana Middle on 12/19/2024.]
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| Thursday, March 14, 2024 | ||
| 19 | 19
Joint STATUS REPORT by City of Aberdeen. (Williams, Kathryn)
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| Friday, March 08, 2024 | ||
| 18 | 18
15
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MEMORANDUM in Support of17 MOTION to Dismiss filed by City of Aberdeen.(Daniel, Helen)
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Att: 1
Exhibit EXHIBIT A- CITY OF ABERDEEN MINUTES
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| 17 | 17
MOTION to Dismiss Plaintiff's Complaint for Improper Venue Pursuant to Rule 12(B)(3), Lack of Personal Jurisdiction Pursuant to Rule 12(B)(2) or, in the Alternative, to Transfer Venue, and Motion to Dismiss Plaintiff's Complaint in its Entirety Pursuant to Rule 12(b)(6) by City of Aberdeen (Daniel, Helen). Added MOTION to Transfer Case to, MOTION to Dismiss on 3/11/2024 and to edit text. (EDC)
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| Friday, February 02, 2024 | ||
| 16 | 16
Corporate Disclosure Statement by City of Aberdeen. (Daniel, Helen)
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| 15 | 15
Certificate of Interested Persons by City of Aberdeen identifying Affiliate/Interested Person City of Aberdeen for City of Aberdeen.. (Daniel, Helen)
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| Friday, January 26, 2024 | ||
| 14 | 14 ORDER granting13 Motion to Enroll as Attorney. Signed by Magistrate Judge Scott D. Johnson on 1/26/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) | |
| MOTION(S) REFERRED:13 MOTION to Enroll Helen M. Daniel as Attorney . This motion is now pending before the USMJ. (ELW) | ||
| Wednesday, January 24, 2024 | ||
| 13 | 13
MOTION to Enroll Helen M. Daniel as Attorney by City of Aberdeen(Daniel, Helen)
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Att: 1
Proposed Pleading; Order to Enroll as Counsel
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| Thursday, January 18, 2024 | ||
| 12 | 12 ORDER granting11 Motion for Extension of Time to File Status Report. The Telephone Scheduling Conference is reset for 3/28/2024 at 02:00 PM before Magistrate Judge Scott D. Johnson. Status Report now due by 3/14/2024. Signed by Magistrate Judge Scott D. Johnson on 1/18/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) | |
| 11 | 11
MOTION for Extension of Time To File Status Report by Tom Withers, III (Wilson, Kathleen) Modified on 1/18/2024 (KAH)
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| 10 | 10
SUMMONS Returned Executed by Tom Withers, III. City of Aberdeen served on 12/14/2023, answer due 1/4/2024. (Wilson, Kathleen)
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| MOTION(S) REFERRED:11 MOTION for Extension of Time To File Status Report. This motion is now pending before the USMJ. (EDC) | ||
| Friday, November 03, 2023 | ||
| 9 | 9
Summons Issued as to City of Aberdeen. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC)
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| Tuesday, October 31, 2023 | ||
| 8 | 8
Summons Submitted as to City of Aberdeen (Wilson, Kathleen) (Main Document 8 replaced on 11/3/2023) (EDC). Modified on 11/3/2023 to flatten document. (EDC)
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| Friday, October 27, 2023 | ||
| 7 | 7
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 2/1/2024 at 02:30 PM before Magistrate Judge Scott D. Johnson. Status Report due by 1/18/2024. Signed by Magistrate Judge Scott D. Johnson on 10/27/2023. (KAH)
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| Wednesday, October 25, 2023 | ||
| 6 | 6 Summons Not Issued: Counsel has requested issuance of a summons for Charles Scott. The named person/entity is not reflected on the docket sheet as a party in the case. Therefore, summons will not be issued. (EDC) | |
| Monday, October 23, 2023 | ||
| 5 | 5
Summons Submitted as to City of Aberdeen (Wilson, Kathleen) (Main Document 5 replaced on 10/25/2023) (EDC). Modified on 10/25/2023 to flatten document. (EDC)
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| Saturday, October 21, 2023 | ||
| 4 | 4
Civil Cover sheet to1 Complaint, by Tom Withers, III. (Wilson, Kathleen) (Main Document 4 replaced on 10/23/2023) (EDC). Modified on 10/23/2023 to edit text. (EDC)
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Certificate of Interested Persons by Tom Withers, III. (Wilson, Kathleen) (Main Document 3 replaced on 10/23/2023) (EDC). Modified on 10/23/2023 to flatten document. (EDC)
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| Thursday, October 19, 2023 | ||
| 2 | 2 NOTICE OF DEFICIENCY with LR 7.1 as to1 Complaint. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (EDC) | |
| Wednesday, October 18, 2023 | ||
| 1 | 1
7
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COMPLAINT for Breach of Contract and Damages against All Defendants ( Filing fee $ 402 receipt number BLAMDC-2654332.), filed by Tom Withers, III.(Wilson, Kathleen) Modified on 10/19/2023 to edit text. (EDC)
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Att: 1
Exhibit List Exhibit List,
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Att: 2
Exhibit Solar Power Purchase Agreement,
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Att: 3
Exhibit Summary of Board Minutes,
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Att: 4
Exhibit Consultant Agreement,
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Att: 5
Exhibit Minutes,
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Att: 6
Exhibit Special Counsel Contract,
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Att: 7
Exhibit ESC Invoice
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