Tardy v. CoreCivic of Tennessee, LLC et al
| Eddie Tardy |
| CoreCivic of Tennessee L.L.C., Acting Warden Vincent Vantell, Chance Leeds, Carlisla Byars, Keith Huggins, Tennessee Hardeman County, David Tackett, Brian Gallegly and Kellum Williams |
| Daniel A. Horwitz |
| 1:2023cv01202 |
| September 26, 2023 |
| US District Court for the Western District of Tennessee |
| Jackson Office |
| S Thomas Anderson |
| Jon A York |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 116
ORDER OF REFERENCE. Signed by Judge S. Thomas Anderson on 11/7/23. (skc) Modified on 11/7/2023 to update docket relationship status (ars).
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Filing 115
ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE #110 #112 . Signed by Judge S. Thomas Anderson on 11/7/23. (skc)
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Filing 114
ORDER DENYING MOTION TO CLARIFY THAT LOCAL RULE 83.04 DOES NOT PROHIBIT COUNSEL FROM MAKING EXTRAJUDICIAL STATEMENTS. Signed by Judge S. Thomas Anderson on 11/7/23. (skc)
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Filing 113
ORDER ON STATUS REPORT. Signed by Judge S. Thomas Anderson on 11/7/23. (skc)
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Filing 112
Corrected MOTION for Leave to Appear Pro Hac Vice Proposed Order submitted to Judge on 11/2/2023 at 6:17 p.m. CST (Fee paid as part of previous filing) by Eddie Tardy. (Attachments: #1 Exhibit MDTN Certificate of Good Standing, #2 Exhibit TN Certificate of Good Standing)(Horwitz, Daniel)
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Filing 111
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #110 MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) filed by Eddie Tardy has been filed. However, the following deficiency has been found: Proposed Orders must be submitted to the appropriate Judge's ECF email account in Word Format. The Judge's ECF email address can be found at our website. Text should reflect compliance (Ex. Proposed Order submitted to Judge). If the Proposed Order has not been emailed to the Judge, please do so at this time. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (skc)
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Filing 110
MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) by Eddie Tardy. (Attachments: #1 Exhibit MDTN Certificate of Good Standing, #2 Exhibit TN Certificate of Good Standing)(Horwitz, Daniel)
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Filing 109
ORDER DENYING MOTION FOR LEAVE TO APPEAR PRO HAC VICE WITHOUT PREJUDICE #108 . Signed by Judge S. Thomas Anderson on 11/3/23. (skc)
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Filing 108
MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-4272425) by Eddie Tardy. (Horwitz, Daniel)
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Filing 107
STATUS REPORT (Joint) by Carlisla Byars, CoreCivic of Tennessee L.L.C., Tennessee Hardeman County, Keith Huggins, Chance Leeds, Vincent Vantell. (Tilly, Nathan)
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Filing 106
ORDER REQUIRING STATUS REPORT. Signed by Judge S. Thomas Anderson on 10/6/23. (skc)
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Filing 105
NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (gkp)
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Filing 104
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (gkp)
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Filing 103
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (gkp)
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Filing 102
Judge S. Thomas Anderson and Magistrate Judge Jon A. York added. (gkp)
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Filing 101
Case transferred in from District of Tennessee Middle; Case Number 3:22-cv-00681. Original file certified copy of transfer order and docket sheet received. Modified on 9/27/2023 to show actual transfer date (gkp).
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Filing 100
MEMORANDUM OPINION AND ORDER OF THE COURT: Defendant's Motion to Transfer Venue #19 is GRANTED, and this case is TRANSFERRED to the Western District of Tennessee. Signed by District Judge William L. Campbell, Jr on 9/26/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 99
ORDER: Plaintiff Eddie Tardy has filed an unopposed motion to extend all outstanding case management deadlines by ninety days. #98 . The motion is GRANTED IN PART as follows: All outstanding case management deadlines and the trial date are CONTINUED and will be reset at a case management conference to be held on October 11, 2023, at 11:00 a.m. Counsel for the parties shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 8/9/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 98
Unopposed MOTION for Extension of Time to Complete Discovery and Extend Case Management Deadlines By Ninety Days by Daniel A. Horwitz. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for Miles Thomas Martindale admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 97
NOTICE of Appearance by Miles Thomas Martindale on behalf of Hardeman County, Tennessee (Martindale, Miles) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 96
ORDER granting #95 Motion to Substitute Attorney. Attorney Brian F. Walthart terminated. Signed by District Judge William L. Campbell, Jr on 7/14/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for Jack Paul Brewer admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 95
MOTION to Substitute Attorney by Hardeman County, Tennessee. (Brewer, Jack) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 94
REPLY to Response to re #90 MOTION TO CLARIFY THAT LOCAL RULE 83.04 DOES NOT PROHIBIT COUNSEL FROM MAKING EXTRAJUDICIAL STATEMENTS ABOUT THIS ACTION Corrected filed by Daniel A. Horwitz, Eddie Tardy. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 93
RESPONSE in Opposition re #90 MOTION TO CLARIFY THAT LOCAL RULE 83.04 DOES NOT PROHIBIT COUNSEL FROM MAKING EXTRAJUDICIAL STATEMENTS ABOUT THIS ACTION Corrected Joint Response filed by Carlisla Byars, CoreCivic of Tennessee, LLC, Hardeman County, Tennessee, Keith Huggins, Chance Leeds, Vincent Vantell. (Attachments: #1 Exhibit Order in Newby, #2 Exhibit Memorandum in Support of Motion in Newby)(Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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NOTICE TO COUNSEL re DE #92 : The filing made at DE #92 is DISREGARDED. Counsel who signed this pleading shall re-file this document using his or her own CM/ECF filing credentials. Pursuant to LR83.01, any attorney representing a party in any civil action shall use their individual ECF account to file a separate Notice of Appearance with the Clerk of the Court to ensure appearance on the docket. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 92
***DISREGARDED*** NOTICE of Appearance by Brian F. Walthart on behalf of Hardeman County, Tennessee (Walthart, Brian) Modified on 5/19/2023 (kc). [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 91
MEMORANDUM in Support of #90 MOTION TO CLARIFY THAT LOCAL RULE 83.04 DOES NOT PROHIBIT COUNSEL FROM MAKING EXTRAJUDICIAL STATEMENTS ABOUT THIS ACTION Corrected filed by Daniel A. Horwitz, Eddie Tardy . (Attachments: #1 Exhibit Email Correspondence, #2 Exhibit Case No. 322-cv-00093, ECF 46, #3 Exhibit Newby Gag and Retraction Order, #4 Exhibit Newby Response to Motion to Gag, #5 Exhibit Newby Memo in Supp. of Mot. for Review of Magistrate Order, #6 Exhibit Horwitz Motion to Stay, Adjudicate Objections, or Reverse and Vacate, #7 Exhibit Newby Final Order, #8 Exhibit Potee Hearing Transcript)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 90
MOTION TO CLARIFY THAT LOCAL RULE 83.04 DOES NOT PROHIBIT COUNSEL FROM MAKING EXTRAJUDICIAL STATEMENTS ABOUT THIS ACTION Corrected by Daniel A. Horwitz, Eddie Tardy. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 89
ORDER: Plaintiff's filing #86 lacks any signature line or recitation of the Filing User's information as required by the Administrative Order. The motion #86 is therefore DENIED without prejudice to refiling in compliance with this Court's rules. Signed by District Judge William L. Campbell, Jr on 5/16/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 88
ORDER: Pending before the Court is Plaintiff's Motion for Leave to File a Motion for Partial Summary Judgment. #85 . Also pending before the Court are Defendant's Motion to Change Venue #19 and Defendant's Motion to Dismiss #79 , which will be decided by the Court in due course. In the interest of judicial efficiency and conservation of the resources of both the Court and the parties, the Motion for Leave #85 is DENIED without prejudice to refiling after resolution of the earlier-filed pending motions. Signed by District Judge William L. Campbell, Jr on 5/15/2023. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 87
MEMORANDUM in Support of #86 MOTION TO CLARIFY THAT LOCAL RULE 83.04 DOES NOT PROHIBIT COUNSEL FROM MAKING EXTRAJUDICIAL STATEMENTS ABOUT THIS ACTION filed by Daniel A. Horwitz, Eddie Tardy . (Attachments: #1 Exhibit Ex. 1Email Correspondence, #2 Exhibit Ex. 2Case No. 322-cv-00093, ECF 46, #3 Exhibit Ex. 3Newby Gag and Retraction Order, #4 Exhibit Ex. 4Newby Response to Motion to Gag, #5 Exhibit Ex. 5Newby Memo in Supp. of Mot. for Review of Magistrate Order, #6 Exhibit Ex. 6Horwitz Motion to Stay, Adjudicate Objections, or Reverse and Vacate, #7 Exhibit Ex. 7Newby Final Order, #8 Exhibit Ex. 8Potee Hearing Transcript)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 86
MOTION TO CLARIFY THAT LOCAL RULE 83.04 DOES NOT PROHIBIT COUNSEL FROM MAKING EXTRAJUDICIAL STATEMENTS ABOUT THIS ACTION by Eddie Tardy, Daniel A. Horwitz. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 85
MOTION for Leave to TO FILE A MOTION FOR PARTIAL SUMMARY JUDGMENT OF LIABILITY AS TO PLAINTIFFS BATTERY CLAIM AGAINST DEFENDANTS TACKETT, GALLEGLY, AND WILLIAMS by Eddie Tardy. (Attachments: #1 Exhibit Ex. 1Kellum Williams Plea Hearing (Dec. 9, 2022), #2 Exhibit Ex. 2Gallegly Plea Hearing (Jan. 18, 2023), #3 Exhibit Ex. 3Tackett Plea Hearing (Jan. 3, 2023), #4 Exhibit Ex. 4Tackett Plea Hearing (Jan. 5, 2023), #5 Exhibit Ex. 5Certified Criminal Judgments (Collective))(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 84
SUMMONS returned executed by Eddie Tardy. Brian Gallegly served on 4/6/2023. (Attachments: #1 Exhibit Gallegly Service Documents)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 83
SUMMONS returned executed by Eddie Tardy. David Tackett served on 4/6/2023. (Attachments: #1 Exhibit Tackett Service Documents)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 82
SUMMONS returned executed by Eddie Tardy. Kellum Williams served on 4/6/2023. (Attachments: #1 Exhibit Williams Service Documents)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 81
RESPONSE in Opposition re #79 MOTION to Dismiss for Failure to State a Claim filed by Eddie Tardy. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 80
STATUS REPORT (Joint) Case Resolution by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 79
MOTION to Dismiss for Failure to State a Claim by Hardeman County, Tennessee. (Attachments: #1 Attachment Legal Memorandum in Support)(Walthart, Brian) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 78
ANSWER to #68 Amended Complaint by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell.(Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 77
ORDER granting #75 Motion for Extension of Time to Answer re #68 Amended Complaint Carlisla Byars answer due 4/24/2023; CoreCivic of Tennessee, LLC answer due 4/24/2023; Hardeman County, Tennessee answer due 4/24/2023; Keith Huggins answer due 4/24/2023; Chance Leeds answer due 4/24/2023; Vincent Vantell answer due 4/24/2023. Signed by Magistrate Judge Alistair Newbern on 4/18/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)[Transferred from Tennessee Middle on 9/27/2023.]
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Filing 76
ORDER granting #74 Motion to Substitute Attorney. Attorney Andrew M. Mize terminated. Signed by District Judge William L. Campbell, Jr on 4/17/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 75
MOTION for Extension of Time to File Answer by Hardeman County, Tennessee. (Walthart, Brian) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for John Ross Glover admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 74
MOTION to Substitution of Counsel by John Ross Glover on behalf of Tennessee Department of Correction. (Glover, John) Modified on 4/14/2023 (kc). [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 73
ORDER: Pending before the Court is Defendant's Motion to Dismiss. #21 . Plaintiff filed an amended complaint on April 4, 2023. #68 . Accordingly, Defendant's Motion to Dismiss the original Complaint is MOOT. Signed by District Judge William L. Campbell, Jr on 4/10/2023. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 72
Summons issued as to Brian Gallegly, David Tackett, Kellum Williams. Service packet returned to counsel by regular mail. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 71
NOTICE of Summons to be Issued as to Kellum Williams. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 70
NOTICE of Summons to be Issued as to Brian Gallegly. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 69
NOTICE of Summons to be Issued as to David Tackett. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 68
AMENDED COMPLAINT Filed With Written Consent against All Defendants, filed by Eddie Tardy. (Attachments: #1 Exhibit Ex. 1 (TDOC Letter to Hardeman County))(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 67
NOTICE by Hardeman County, Tennessee to Withdraw as Co-Counsel (Huffer, Matthew) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 66
NOTICE by Eddie Tardy re #24 Response in Opposition to Motion,, #31 Reply to Response to Motion, #19 MOTION to Change Venue (Attachments: #1 Exhibit Ex. 1Sullivan Memorandum Opinion Denying Motion to Transfer, #2 Exhibit Ex. 2CoreCivic-Hardeman County Indemnity Agreement)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 65
TEMPORARY PROTECTIVE ORDER. Signed by Magistrate Judge Alistair Newbern on 3/3/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 64
ORDER granting #63 Motion for Protective Order. Signed by Magistrate Judge Alistair Newbern on 3/3/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 63
Joint MOTION for Protective Order (Temporary) and Memorandum in Support by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Attachments: #1 Exhibit A - Temporary Protective Order)(Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 62
ORDER: The case management conference set on October 30, 2023 is CANCELLED. Signed by Magistrate Judge Alistair Newbern on 2/23/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 61
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 12/3/2024 at 09:00 AM in Courtroom 6D before District Judge William L. Campbell Jr. Exhibit List due by 11/18/2024. Witness List due by 11/18/2024. Pretrial Conference is set for 11/25/2024 at 10:00 AM in Courtroom 6D before District Judge William L. Campbell Jr. Proposed Pretrial Order due by 11/18/2024. Signed by District Judge William L. Campbell, Jr on 2/15/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 60
NOTICE by Eddie Tardy re #56 Objections, #55 Notice (Other), #54 Discovery Dispute Statement, (Attachments: #1 Exhibit Ex. 1 (Feb. 3, 2023 Email from TDOC Counsel Mize))(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 59
ORDER: The motion to modify the initial case management order and to issue two non-party subpoenas filed by Plaintiff Eddie Tardy #39 is RENDERED MOOT by the entry of an amended case management order that opens discovery fully. The CoreCivic Defendants' motion to hold their response to Tardy's subpoena in abeyance pending resolution of the motion for a protective order #42 is GRANTED. Tardy withdrew his motion for contempt against non-party Tennessee Department of Corrections #44 in the January 31, 2023 telephone conference. That motion is therefore TERMINATED. Signed by Magistrate Judge Alistair Newbern on 2/1/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 58
AMENDED CASE MANAGEMENT ORDER: Amended Pleadings due by 6/16/2023. Discovery due by 11/7/2023. Dispositive Motions due by 6/8/2024. Case Management Conference by Telephone is set for 10/30/2023 at 09:30 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 2/1/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 57
NOTICE by Tennessee Department of Correction re Annotation - Deficiency Notice, #55 Notice (Other) (Mize, Andrew) [Transferred from Tennessee Middle on 9/27/2023.]
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 1/31/2023. (Hearing lasted 00:16)(sd) [Transferred from Tennessee Middle on 9/27/2023.]
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NOTICE TO FILER re DE#55 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 56
OBJECTIONS filed by Eddie Tardy re #55 Notice (Other). (Attachments: #1 Exhibit Ex. 1Hodges Hearing Transcript, #2 Exhibit Ex. 2Hodges Order to Unseal Certain Portions of Record)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 55
NOTICE by Tennessee Department of Correction re #40 MOTION for Protective Order (Attachments: #1 Exhibit 1)(Mize, Andrew) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 54
JOINT DISCOVERY DISPUTE STATEMENT by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. Related document: #53 Order,,, Set Hearings,,. (Attachments: #1 Exhibit A - Defendants' Proposed Protective Order, #2 Exhibit B - Plaintiff's Proposed Protective Order)(Tilly, Nathan) Modified on 1/31/2023 (kc). [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 53
ORDER: Counsel for Plaintiff Eddie Tardy, CoreCivic, and the Tennessee Department of Corrections are ORDERED to meet in person and to confer in good faith regarding the terms of a protective order by no later than January 27, 2023. A telephone conference with the Magistrate Judge is set on January 31, 2023, at 1:30 p.m. Counsel for the parties shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 1/11/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 1/10/2023. (Hearing lasted 00:36)(sd) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 52
PROPOSED CASE MANAGEMENT ORDER Joint filed by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 51
REPLY to Response to re #44 MOTION for Contempt filed by Eddie Tardy. (Attachments: #1 Exhibit TBI-Rausch Contempt Order, #2 Exhibit BECF Contempt Order)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for Andrew M. Mize admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 50
RESPONSE in Opposition re #44 MOTION for Contempt filed by Tennessee Department of Correction. (Mize, Andrew) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 49
NOTICE of Appearance by Andrew M. Mize on behalf of Tennessee Department of Correction (Mize, Andrew) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 48
REPLY to Response to re #42 MOTION to Hold Response to Subpoena in Abeyance filed by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 47
REPLY to Response to re #40 MOTION for Protective Order filed by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Attachments: #1 Attachment Declaration of Sprayberry, #2 Attachment Camera over cell, #3 Attachment Camera over shower)(Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 46
RESPONSE in Opposition re #40 MOTION for Protective Order filed by Eddie Tardy. (Attachments: #1 Exhibit Ex. 1Email Correspondence, #2 Exhibit Ex. 2Lawmaker raises specter of federal takeover of Tennessee prison system Tennessee Lookout, #3 Exhibit Ex. 3For-profit federal prison an understaffed 'hell hole' of violence, death and drugs Missouri Independent, #4 Exhibit Ex. 4Order Denying Motion to Quash, #5 Exhibit Ex. 5Newby Response in Opposition to Motion to Quash, #6 Exhibit Ex. 6Trousdale Turner officials did not accomodate Muslim inmates, #7 Exhibit Ex. 7Vincent Finamore Deposition)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 45
RESPONSE in Opposition re #42 MOTION to Hold Response to Subpoena in Abeyance filed by Eddie Tardy. (Attachments: #1 Exhibit Ex. 1Incident Reports - 2021-0113-437-I, #2 Exhibit Ex. 2Trousdale Staffing Reports)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 44
MOTION for Contempt by Eddie Tardy. (Attachments: #1 Exhibit Ex. 1TDOC Subpoena, #2 Exhibit Ex. 2Email- Forthcoming Subpoena, 3_22-cv-00681, #3 Exhibit Ex. 3Nov. 7, 2022 Email from Jen Brenner, #4 Exhibit Ex. 4Liquidated Damages Reports, #5 Exhibit Ex. 5Dec 7, 2022 Email from Jen Brenner, #6 Exhibit Ex. 6Email Correspondence with Jen Brenner)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 43
RESPONSE in Opposition re #39 MOTION TO MODIFY INITIAL CASE MANAGEMENT ORDER AND FOR LEAVE TO ISSUE TWO NON-PARTY SUBPOENAS re #33 Case Management Order, Joint Response filed by Carlisla Byars, CoreCivic of Tennessee, LLC, Hardeman County, Tennessee, Keith Huggins, Chance Leeds, Vincent Vantell. (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 42
MOTION to Hold Response to Subpoena in Abeyance by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Attachments: #1 Exhibit A - Subpoena)(Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 41
MEMORANDUM in Support of #40 MOTION for Protective Order filed by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell . (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 40
MOTION for Protective Order by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Attachments: #1 Exhibit A - Protective Order)(Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 39
MOTION TO MODIFY INITIAL CASE MANAGEMENT ORDER AND FOR LEAVE TO ISSUE TWO NON-PARTY SUBPOENAS re #33 Case Management Order, by Eddie Tardy. (Attachments: #1 Exhibit Ex. 1 (Proposed Subpoena to Hardeman County District Attorney), #2 Exhibit Ex. 2 (Amended Compl., MDTN Case No. 3:20-cv-00563), #3 Exhibit Ex. 3 (Proposed Subpoena to John Smith and Soynia Smith))(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 38
ANSWER to #1 Complaint, by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell.(Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 37
REPLY to Response to re #21 MOTION to Dismiss Reply to Plaintiff's Response in Opposition to Hardeman County's Motion to Dismiss filed by Hardeman County, Tennessee. (Walthart, Brian) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 36
ORDER: Motion #35 GRANTED. Replies due by 11/18/2022. Signed by District Judge William L. Campbell, Jr on 11/16/2022. (mg) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 35
MOTION for Extension of Time to File Response/Reply Unopposed Motion for Extension of Time by Hardeman County, Tennessee. (Walthart, Brian) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 34
RESPONSE in Opposition re #21 MOTION to Dismiss filed by Eddie Tardy. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 33
INITIAL CASE MANAGEMENT ORDER: Case Management Conference by Telephone is set for 1/10/2023 at 11:00 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 11/3/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 32
SUBPOENA issued to Tennessee Department of Correction by Eddie Tardy (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 11/3/2022. (Hearing lasted 00:18)(sd) [Transferred from Tennessee Middle on 9/27/2023.]
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NOTICE TO FILER re DE# 32 : Discovery is not filed pursuant to Fed.R.Civ.P. 5(d)(1). This document is deleted from the docket. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 31
REPLY to Response to re #19 MOTION to Change Venue (Defendants' Joint Reply) filed by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 30
ORDER: The motion to continue the initial case management conference #25 is DENIED. The Court will hold the conference as scheduled. Defendants may raise the issues addressed in their motion during the conference. Signed by Magistrate Judge Alistair Newbern on 11/1/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for Melissa Kathleen Dix admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 29
NOTICE of Appearance by Melissa Kathleen Dix on behalf of Eddie Tardy (Dix, Melissa) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 28
PROPOSED CASE MANAGEMENT ORDER Joint filed by Eddie Tardy. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 27
NOTICE by Eddie Tardy re #24 Response in Opposition to Motion,, #26 Response in Opposition to Motion, (Attachments: #1 Exhibit Ex. 1 (Docket Sheet))(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 26
RESPONSE in Opposition re #25 MOTION to Continue Initial Case Management Conference filed by Eddie Tardy. (Attachments: #1 Exhibit Ex. 1Email to CoreCivic Counsel, #2 Exhibit Ex. 2Tennessee Lookout Article, #3 Exhibit Ex. 3After Tennessee prisoner's suicide, CoreCivic worker faked health records, #4 Exhibit Ex. 4Comptroller Jan. 2020 Audit)(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 25
MOTION to Continue Initial Case Management Conference by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 24
RESPONSE in Opposition re #19 MOTION to Change Venue filed by Eddie Tardy. (Attachments: #1 Exhibit Ex. 1 (Estate Proceeding), #2 Exhibit Ex. 2 (Deposition of Tony Parker), #3 Exhibit Ex. 3 (Transcript of Deposition of TDOC Inspector General Kelly Young), #4 Exhibit Ex. 4 (CoreCivic MDTN Case History), #5 Exhibit Ex. 5 (Declaration of Raymond E. Watison), #6 Exhibit Ex. 6 (Declaration of Christopher Covington), #7 Exhibit Ex. 7 (Declaration of Jimmy Conaser and Medical Timeline), #8 Exhibit Ex. 8 (Declaration of Christian Patrick Peyton))(Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 23
ORDER: On October 24, 2022, Defendant Hardeman County, Tennessee, filed a motion to dismiss under Federal Rule of Civil Procedure 12. #21 . Any filings made related to the motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Judge Campbell unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 10/25/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 22
MEMORANDUM in Support of #21 MOTION to Dismiss filed by Hardeman County, Tennessee . (Walthart, Brian) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 21
MOTION to Dismiss by Hardeman County, Tennessee. (Walthart, Brian) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for Matthew Z. Huffer admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 20
MEMORANDUM in Support of #19 MOTION to Change Venue filed by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell . (Attachments: #1 Attachment Declaration of Warden Vantell)(Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 19
MOTION to Change Venue by Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell. (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 18
NOTICE of Appearance by Matthew Z. Huffer on behalf of Hardeman County, Tennessee (Huffer, Matthew) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 17
ORDER granting #14 Motion for Extension of Time to Answer re #1 Complaint. Hardeman County, Tennessee answer due 10/27/2022. Signed by Magistrate Judge Alistair Newbern on 10/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 16
RESPONSE to Motion re #14 MOTION for Extension of Time to File Answer re #1 Complaint, filed by Eddie Tardy. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 15
ORDER: Defendant Hardeman County, Tennessee, has moved for a seven-day extension of time in which to respond to Plaintiff's complaint #14 . If Plaintiff opposes the motion, he shall file any response in opposition by October 13, 2022. Signed by Magistrate Judge Alistair Newbern on 10/11/2022. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 14
MOTION for Extension of Time to File Answer re #1 Complaint, by Hardeman County, Tennessee. (Walthart, Brian) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for Brian F. Walthart admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 13
NOTICE of Appearance by Brian F. Walthart on behalf of Hardeman County, Tennessee (Walthart, Brian) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for Nathan D. Tilly, Haynes T. Russell admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 12
NOTICE of Appearance by Haynes T. Russell on behalf of Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell (Russell, Haynes) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 11
NOTICE of Appearance by Nathan D. Tilly on behalf of Carlisla Byars, CoreCivic of Tennessee, LLC, Keith Huggins, Chance Leeds, Vincent Vantell (Tilly, Nathan) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 10
Summons issued as to Hardeman County, Tennessee. (Service pages returned to counsel by regular mail.) (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 9
NOTICE of Summons to be Issued as to Hardeman County, Tennessee. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 8
WAIVER OF SERVICE Returned Executed by Eddie Tardy. Keith Huggins waiver sent on 9/22/2022. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 7
WAIVER OF SERVICE Returned Executed by Eddie Tardy. Carlisla Byars waiver sent on 9/22/2022. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 6
WAIVER OF SERVICE Returned Executed by Eddie Tardy. Vincent Vantell waiver sent on 9/22/2022. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 5
WAIVER OF SERVICE Returned Executed by Eddie Tardy. Chance Leeds waiver sent on 9/22/2022. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 4
WAIVER OF SERVICE Returned Executed by Eddie Tardy. CoreCivic of Tennessee, LLC waiver sent on 9/22/2022. (Horwitz, Daniel) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 3
NOTICE of Initial Case Management Conference by Telephone is set for 11/3/2022 at 09:30 AM before Magistrate Judge Alistair Newbern. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 2
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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TN State Bar status verified as active for Daniel A. Horwitz and Lindsay E. Smith admitted to this court. (kc) [Transferred from Tennessee Middle on 9/27/2023.]
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Filing 1
COMPLAINT against Carlisla Byars, CoreCivic of Tennessee, LLC, Hardeman County, Tennessee, Keith Huggins, Chance Leeds, Vincent Vantell (Filing fee $402, Receipt number ATNMDC-3659960), filed by Eddie Tardy. (Attachments: #1 Attachment - Civil Cover Sheet)(kc) [Transferred from Tennessee Middle on 9/27/2023.]
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