M.D. Ga. 5:21-cv-00378 Docket
Diamond v. Smith
No. 5:21-cv-00378, Case History (under construction)
(severed from Diamond v. Ward, No. 5:20-cv-00453)
Court: Middle District of Georgia (Macon)
Assigned to: Judge Marc T Treadwell
| Date Filed | # | Docket Text |
| FOR ENTRIES PRIOR TO October 29, 2021, SEE 5:20-cv-00453 | ||
| 10/29/2021 | 115 | Minute Entry (content for administrative purposes only) for proceedings held before CHIEF DISTRICT JUDGE MARC T TREADWELL (in original case 5:20-cv-453 prior to severance): Status Conference held on 10/29/2021. Court Reporter: Darlene Fuller. Time in Court: 1 hours / 17 minutes. (kat) Modified on 11/2/2021 to correct date of minute entry. (ggs). (Entered: 11/02/2021) |
| 11/01/2021 | 114 | ORDER SEVERING Defendant Arneika Smith. As discussed and agreed at the October 29, 2021 hearing, Ashley Diamond’s claim against Defendant Arneika Smith (A. Smith) is severed. The time for discovery in this severed case shall expire February 25, 2022. All dispositive and Daubert motions must be filed no later than March 28, 2022. Additionally, Plaintiff must disclose the identity of any expert witness on or before December 3, 2021. Defendant must disclose the identity of any expert witness on or before December 17, 2021. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 11/1/2021. (kat) (Entered: 11/01/2021) |
| 11/01/2021 | REMARK: New Case opened Pursuant to 114 Order in case number 5:20-cv-00453 severing defendant Arneika Smith as a defendant. Please file all future documents relating to defendant Arneika Smith into this case. (tam) (Entered: 11/01/2021) | |
| 01/07/2022 | 116 | DISREGARD – AMENDED MOTION FILED AT TAB 17 – JOINT MOTION for Extension of Time to Complete Discovery by ARNEIKA SMITH filed by ANNARITA L MCGOVERN.(MCGOVERN, ANNARITA) Modified on 1/7/2022 (ggs). (Entered: 01/07/2022) |
| 01/07/2022 | 117 | JOINT AMENDED MOTION Amending 116 MOTION for Extension of Time to Complete Discovery by ARNEIKA SMITH filed by ANNARITA L MCGOVERN.(MCGOVERN, ANNARITA) (Entered: 01/07/2022) |
| 01/11/2022 | 118 | This is a text only entry; no document issued. ORDER GRANTING 117 MOTION for Extension of Time. Discovery to be complete by 3/25/2022. Dispositive and Daubert motions due by 4/25/2022. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 1/11/22. (bwr) (Entered: 01/11/2022) |
| 01/11/2022 | 119 | PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ASHLEY DIAMOND Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3987460, $100. LOCAL COUNSEL Name and Georgia Bar #: Elizabeth Littrell 454949. (Attachments: # 1 Certificate of Good Standing)(VAIL, JENNIFER) (Entered: 01/11/2022) |
| 01/12/2022 | 120 | Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JENNIFER VAIL (ans) (Entered: 01/12/2022) |
| 01/13/2022 | 121 | DISREGARD – REFILED AT TAB 122 – MOTION To Take Deposition of Inmate/Plaintiff by ARNEIKA SMITH filed by ANNARITA L MCGOVERN.(MCGOVERN, ANNARITA) Modified on 1/18/2022 (ggs). (Entered: 01/13/2022) |
| 01/14/2022 | Notice of Deficiency (related document(s): 121 Motion for Miscellaneous Relief filed by ARNEIKA SMITH ); Proposed order with an electronic filing shall be filed as a separate PDF attachment to the filing. Upon request, the proposed document shall also be emailed as a word processing document. Document must be refiled with the proposed order properly attached. See Administrative Procedures page 15.(ggs) (Entered: 01/14/2022) | |
| 01/14/2022 | 122 | MOTION To Take Deposition of Inmate/Plaintiff re 121 MOTION To Take Deposition of Inmate/Plaintiff by ARNEIKA SMITH filed by ANNARITA L MCGOVERN. (Attachments: # 1 Proposed Order)(MCGOVERN, ANNARITA) (Entered: 01/14/2022) |
| 01/18/2022 | 123 | ORDER granting 122 Motion to Take Deposition of Inmate/Plaintiff. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 1/18/2022. (ggs) (Entered: 01/18/2022) |
| 02/14/2022 | 124 | PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ASHLEY DIAMOND Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4016346, $100. LOCAL COUNSEL Name and Georgia Bar #: Elizabeth Littrell, GA Bar No. 454949. (Attachments: # 1 Certificate of Good Standing Aaron Fleisher, Southern District of New York)(FLEISHER, AARON) (Entered: 02/14/2022) |
| 02/15/2022 | 125 | Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by AARON FLEISHER (tam) (Entered: 02/15/2022) |
| 04/25/2022 | 126 | MOTION for Summary Judgment by ARNEIKA SMITH filed by ANNARITA L MCGOVERN. (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Exhibit 1 – Excerpts Depo of Ashley Diamond, # 4 Exhibit 2 – Excerpts of Depo Arneika Smith, # 5 Exhibit Certificate of Need to File Discovery, # 6 Exhibit Request to File Deposition Transcript)(MCGOVERN, ANNARITA) (Entered: 04/25/2022) |
| 04/25/2022 | 127 | Certificate of Need to File Discovery by ARNEIKA SMITH. Related document: 126 MOTION for Summary Judgment filed by ARNEIKA SMITH.(MCGOVERN, ANNARITA) (Entered: 04/25/2022) |
| 04/25/2022 | 128 | DEPOSITION of Ashley Diamond taken on February 22, 2022 filed by ARNEIKA SMITH. Related document: 127 Certificate of Need to File Discovery filed by ARNEIKA SMITH, 126 MOTION for Summary Judgment filed by ARNEIKA SMITH.(MCGOVERN, ANNARITA) (Entered: 04/25/2022) |
| 05/04/2022 | 129 | Request for Local Rule 6.2 Clerk’s Extension to File RESPONSE as to 126 MOTION for Summary Judgment by ASHLEY DIAMOND filed by ANDREA CHINYERE EZIE. (Attachments: # 1 Proposed Order re Consent Motion for an Extension of Time)(EZIE, ANDREA) Modified on 5/4/2022 to correct event. (ggs). (Entered: 05/04/2022) |
| 05/04/2022 | Notice of Deficiency (related document(s): 129 Motion for Extension of Time to File Response/Reply/Object filed by ASHLEY DIAMOND ); Wrong event used. Local Rule 6.2 allows the CLERK to grant up to a 14-day extension for the filing of responses, replies and briefs. Therefore, a motion to be ruled upon by thee Court is not necessary. The correct event is “Request for Local Rule 6.2 Clerk’s Extension.” The request may be made by filing a letter. Please do not re-file, corrected by case manager. The motion has been terminated and is being construed as a request for the Local Rule 6.2 Clerk’s Extension.(ggs) (Entered: 05/04/2022) | |
| 05/04/2022 | Notice of Clerk’s Granting of Extension Pursuant to Local Rule 6.2 re: 126 MOTION for Summary Judgment filed by ARNEIKA SMITH. The response and reply deadlines have been reset.(ggs) (Entered: 05/04/2022) | |
| 05/09/2022 | 130 | FIRST MOTION to Withdraw as Attorney by ASHLEY DIAMOND filed by JENNIFER VAIL.(VAIL, JENNIFER) (Entered: 05/09/2022) |
| 05/09/2022 | Notice of Deficiency (related document(s): 130 Motion to Withdraw as Attorney filed by ASHLEY DIAMOND ); Wrong event used. The correct event is “NOTICE OF ATTORNEY WITHDRAWAL.” Recently the MDGA modified Local Rule 83.1.4 to allow attorneys in civil cases to file a notice of withdrawal when the party is represented by other counsel. Please do not re-file, corrected by case manager. Motion terminated, counsel terminated from representation.(ggs) (Entered: 05/09/2022) | |
| 05/23/2022 | 131 | NOTICE of Attorney Withdrawal by MAYA GYAN RAJARATNAM on behalf of ASHLEY DIAMOND(RAJARATNAM, MAYA) (Entered: 05/23/2022) |
| 05/31/2022 | 132 | RESPONSE filed by ASHLEY DIAMOND re 126 MOTION for Summary Judgment (Attachments: # 1 Affidavit Ezie Declaration, # 2 Exhibit Ex 1 – Smith Dep. Tr., # 3 Exhibit Ex. 2 – Diamond Dep. Tr., # 4 Exhibit Ex. 3 – GDC PREA Policy, # 5 Exhibit Ex. 4 – filed under seal, # 6 Exhibit Ex. 5 – Ridley Dep. Tr., # 7 Exhibit Ex. 6 – PREA Acknowledgment, # 8 Exhibit Ex. 7 – GDC OPS Case Summary, # 9 Exhibit Ex. 8 – filed under seal, # 10 Exhibit Ex. 9 – Termination Notification, # 11 Exhibit Ex. 10 – Health Services Request, # 12 Exhibit Ex. 11 – Weekly Report, # 13 Exhibit Ex. 12 – Risk Assessment, # 14 Exhibit Ex. 13 – Employee Acknowledgment, # 15 Stmt of Material Facts Resp Pl.’s Statement of Material Facts)(EZIE, ANDREA) (Entered: 05/31/2022) |
| 05/31/2022 | 133 | Restricted Document Plaintiff’s Response (unredacted) re 126 MOTION for Summary Judgment, 113 Protective Order filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (Attachments: # 1 Affidavit Ezie Declaration (sealed), # 2 Exhibit Ex. 1 – Smith Dep. Tr. (sealed), # 3 Exhibit Ex. 4 – General Post Orders (sealed), # 4 Exhibit Ex. 8 – Post Orders – C Cellhouse (sealed), # 5 Stmt of Material Facts Resp Pl.’s Statement of Material Facts (sealed))(EZIE, ANDREA) (Entered: 05/31/2022) |
| 06/10/2022 | 134 | REPLY to Response filed by ARNEIKA SMITH re 126 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 – Excerpt Depo of Ashley Diamond, # 2 Exhibit 2 – Excerpt Depo of Shanita McCall, # 3 Exhibit 3 – Excerpt Depo of Arneika Smith)(MCGOVERN, ANNARITA) (Entered: 06/10/2022) |
| 06/10/2022 | 135 | Response to Plaintiff’s Statement of Undisputed Material Facts filed by ARNEIKA SMITH re 126 MOTION for Summary Judgment, RESPONSE filed by ARNEIKA SMITH (Attachments: # 1 Exhibit 1 – Excerpt Depo of Shanita McCall, # 2 Exhibit 2 – Excerpt Depo of Arneika Smith)(MCGOVERN, ANNARITA) Modified on 6/10/2022 to edit text. (ggs). (Entered: 06/10/2022) |
| 06/10/2022 | 136 | Certificate of Need to File Discovery re Deposition of Shanita McCall by ARNEIKA SMITH. Related document: 126 MOTION for Summary Judgment filed by ARNEIKA SMITH.(MCGOVERN, ANNARITA) (Entered: 06/10/2022) |
| 06/10/2022 | 137 | DEPOSITION of Shanita McCall taken on 3/22/22 filed by ARNEIKA SMITH. Related document: 136 Certificate of Need to File Discovery filed by ARNEIKA SMITH, 126 MOTION for Summary Judgment filed by ARNEIKA SMITH.(MCGOVERN, ANNARITA) (Entered: 06/10/2022) |
| 06/10/2022 | Notice of Deficiency (related document(s): 135 Reply to Response to Motion, filed by ARNEIKA SMITH ): Document is the response to the statement of undisputed material facts. Exhibits and/or other supporting documents with an electronic filing shall be filed as a separate PDF attachment(s) to the filing. See Administrative Procedures, pages 12 and 13. No need to refile. Please do not refiled, for future reference only Docket text edited to reflect the correct document.(ggs) (Entered: 06/10/2022) | |
| 09/07/2022 | 138 | ORDER GRANTING 126 Motion for Summary Judgment. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 9/7/2022. (kat) (Entered: 09/07/2022) |
| 09/08/2022 | 139 | JUDGMENT (ggs) (Entered: 09/08/2022) |
Last updated 09/25/2022
Reconciled with online docket 09/21/2022