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    Amended Complaint - Filed 09.02.20

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    Claire
    Plaintiffs Martin Bell and the Lt. Gen. James Longstreet Chapter of the Military Order of the Stars and Bars filed an amended complaint in federal district court. The amended complaint deletes the First and Fourteenth Amendment claims under 42 U.S.C. § 1983 that were the basis for removal of the case from state to federal court. The amended complaint otherwise reaffirms the remaining claims for statutory violations and breach of contract originally filed in state court.

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    Amended Complaint - Filed 09.02.20

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    Claire
    1K views4 pages
    Plaintiffs Martin Bell and the Lt. Gen. James Longstreet Chapter of the Military Order of the Stars and Bars filed an amended complaint in federal district court. The amended complaint deletes the First and Fourteenth Amendment claims under 42 U.S.C. § 1983 that were the basis for removal of the case from state to federal court. The amended complaint otherwise reaffirms the remaining claims for statutory violations and breach of contract originally filed in state court.

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    Amended Complaint - Filed 09.02.20

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    Plaintiffs Martin Bell and the Lt. Gen. James Longstreet Chapter of the Military Order of the Stars and Bars filed an amended complaint in federal district court. The amended complaint deletes the First and Fourteenth Amendment claims under 42 U.S.C. § 1983 that were the basis for removal of the case from state to federal court. The amended complaint otherwise reaffirms the remaining claims for statutory violations and breach of contract originally filed in state court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views4 pages

    Amended Complaint - Filed 09.02.20

    Uploaded by

    Claire
    Plaintiffs Martin Bell and the Lt. Gen. James Longstreet Chapter of the Military Order of the Stars and Bars filed an amended complaint in federal district court. The amended complaint deletes the First and Fourteenth Amendment claims under 42 U.S.C. § 1983 that were the basis for removal of the case from state to federal court. The amended complaint otherwise reaffirms the remaining claims for statutory violations and breach of contract originally filed in state court.

    Copyright:

    © All Rights Reserved
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    of 4

    Case 5:20-cv-00338-MTT Document 9 Filed 09/02/20 Page 1 of 4

    IN THE UNITED STATES DISTRICT COURT


    FOR THE MIDDLE DISTRICT OF GEORGIA
    MACON DIVISION

    MARTIN N. BELL and


    LT. GEN. JAMES LONGSTREET CHAPTER of CASE: 5:20-cv-
    00338
    MILITARY ORDER OF THE STARS AND BARS
    GEORGIA SOCIETY INC.,
    Plaintiffs

    VS

    MACON-BIBB COUNTY, MAYOR ROBERT REICHERT,


    AL TILLMAN, LARRY SCHLESINGER, ELAINE LUCAS,
    BERT BIVINS III, VIRGIL WATKINS, JR.,
    Defendants

    PLAINTIFFS’ FIRST AMENDMENT TO COMPLAINT

    COME NOW Plaintiffs MARTIN N. BELL and LT. GEN. JAMES

    LONGSTREET CHAPTER MILITARY ORDER OF THE STARS AND

    BARS GEORGIA SOCIETY INC.,(“Plaintiffs”), by and through its

    undersigned counsel, and, pursuant to Fed. R. Civ. P. 15(a)(1), hereby

    amends as a matter of course its Complaint for Damages and Injunctive

    Relief (“Complaint”) [Doc. 1-1, Exhibit 1 , Pages 2-12, filed hereinbefore

    by Defendants ] in the above-styled action, showing this Honorable Court

    the following:

    1
    Case 5:20-cv-00338-MTT Document 9 Filed 09/02/20 Page 2 of 4

    STATEMENT OF FACTS

    On July 27, 2020 Plaintiff filed its Complaint in the Superior Court of Bibb

    County, Georgia (“Superior Court”) setting forth causes of action for statutory

    violations of O.C.G.A. § 50-3-1(b)(4) [Doc. 1-1, Count I, ¶¶ 23-31], First and

    Fourteenth Amendment violations under 42 U.S.C. § 1983 [Doc. 1-1, Count II, ¶¶

    32-37], and breach of contract and detrimental reliance [Doc. 1-1, Count III, ¶¶ 38-

    44]. On August 26, 2020, Defendants Macon-Bibb County, Georgia, et al.

    (“Defendants”), filed a Notice of Removal removing the case from the Superior

    Court to this Court on the basis of Plaintiff’s First and Fourteenth Amendment

    claims in Count II of the Complaint [Doc. 1, ¶ 4.; Doc. 1].

    Plaintiff has not previously amended its Complaint. Defendants have on

    September 1. 2020, filed and electronically served Plaintiffs with a Motion to

    Dismiss. No scheduling order has been entered. 21 days have elapsed since

    Defendants acknowledged service of ( August 11, 2020) its Complaint : Plaintiff,

    therefore, may amend its Complaint as a matter of course. Fed. R. Civ. P. 15(a)(1)

    (“A party may amend its pleading once as a matter of course within[] . . . 21 days

    after serving it, or[,] . . . if the pleading is one to which a responsive pleading is

    required, 21 days after service of a responsive pleading or 21 days after service of

    a motion under Rule 12(b), (e), or (f), whichever is earlier.”); cf. [Doc. 2, p. 8 (“A

    deadline for amending pleadings shall be included in the proposed scheduling

    2
    Case 5:20-cv-00338-MTT Document 9 Filed 09/02/20 Page 3 of 4

    order. A party is not required to obtain consent or leave of court to file amended

    pleadings as long as the amended pleadings are filed prior to the deadline in the

    scheduling order.”)].

    AMENDMENT TO COMPLAINT

    Plaintiff hereby amends its Complaint as follows:

    1.

    Plaintiff hereby deletes Count II (“First and Fourteenth Amendment

    Violations / 42 U.S.C. § 1983”) of its Complaint [Doc. 1-1, Count II, ¶¶ 32-37] and

    the prayers for relief related thereto .

    2.

    Plaintiff realleges and reaffirms all the remaining portions of its Complaint,

    except as to the renaming throughout of Defendant from City of Macon-Bibb

    County to Macon-Bibb County as set forth above in the caption of this case.

    Respectfully submitted this the 1st day of September, 2020.

    /s/ Walker L. Chandler _________


    Georgia State Bar No. 120675
    Attorney for Plaintiffs

    Chandler and Chandler Law Group


    101 Gleneagle Point
    Peachtree City, Georgia 30269

    3
    Case 5:20-cv-00338-MTT Document 9 Filed 09/02/20 Page 4 of 4

    [email protected]
    770 468 6538

    CERTIFICATE OF SERVICE
    I hereby certify that, on the date indicated below, I submitted this
    PLAINTIFFS’ FIRST AMENDMENT TO COMPLAINT to the Clerk of Court
    using the CM/ECF system, which will automatically send electronic mail
    notification of such filing to counsel of record.
    Duke R. Groover
    Lee M. Gillis
    S. Elizabeth Hall
    Attorneys for Defendants

    This 1st day of September, 2020.

    /s/ Walker L. Chandler _________


    Georgia State Bar No. 120675
    Attorney for Plaintiffs

    Chandler and Chandler Law Group


    101 Gleneagle Point
    Peachtree City, Georgia 30269
    [email protected]
    770 468 6538

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