CLARKSVILLE MINISTRIES, LLC. v. TOWN OF CLARKSVILLE, INDIANA et al
| CLARKSVILLE MINISTRIES, LLC |
| TOWN OF CLARKSVILLE, INDIANA, TOWN OF CLARKSVILLE BUILDING COMMISSION and RICK BARR |
| 4:2021cv00135 |
| August 27, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ENTRY ON MOTIONS - The Court DENIES the Town's Emergency Motion to Alter or Amend September 14, 2021 Order (Filing No. #30 ) and GRANTS CM's Emergency Motion to Extend Temporary Restraining Order For 14 Days (Filing No. #36 ). The TRO Entry, as modified, is EXTENDED until 4:00 p.m. on October 5, 2021. In addition, the Court GRANTS the request for a status conference concerning deadlines and a hearing on a request for preliminary injunctive relief--which notably, has not yet been filed. The parties shall contact the Magistrate Judge to schedule said conference if such motion is filed. Signed by Judge Tanya Walton Pratt on 9/21/2021. (TRG)
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Filing 43
ORDER granting #36 Emergency Motion to Extend Temporary Restraining Order. This matter is before the Court on Plaintiff's Emergency Motion to Extend the existing Temporary Restraining Order which is set to expire at 4:10 p.m. on today's date, September 21, 2021. For the reasons explained in the Entry which will be filed forthwith, the Motion (Filing No. 36) is GRANTED extending the TRO Entry, as modified by the 2d TRO Entry. Signed by Judge Tanya Walton Pratt on 9/21/2021. (LBT)
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Filing 42
Receipt of one FLASH DRIVE re #39 NOTICE of Manual Filing re #38 Response in Opposition to Motion, filed by CLARKSVILLE MINISTRIES, LLC. (Hoffer, Matthew). Physical file created and in TWP cabinet in IP. (AKH)
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Filing 41
RESPONSE in Opposition re #36 Emergency MOTION to Amend/Correct #25 Order on Motion for TRO, #28 Order on Motion to Modify to Extend TRO for an Additional 14 days and for Status Conference (Supplemental Response), filed by Defendants RICK BARR, TOWN OF CLARKSVILLE BUILDING COMMISSION, TOWN OF CLARKSVILLE, INDIANA. (Bergthold, Scott)
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Filing 40
RESPONSE in Opposition re #36 Emergency MOTION to Amend/Correct #25 Order on Motion for TRO, #28 Order on Motion to Modify to Extend TRO for an Additional 14 days and for Status Conference (and Reply Suppoting Motion to Amend #30 , filed by Defendants RICK BARR, TOWN OF CLARKSVILLE BUILDING COMMISSION. (Attachments: #1 Exhibit I - Notice of Appeal Hearing, #2 Exhibit J - Fifer Affidavit)(Bergthold, Scott)
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Filing 39
NOTICE of Manual Filing re #38 Response in Opposition to Motion, filed by CLARKSVILLE MINISTRIES, LLC (Hoffer, Matthew)
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Filing 38
RESPONSE in Opposition re #30 Emergency MOTION to Amend/Correct #28 Order on Motion to Modify , filed by Plaintiff CLARKSVILLE MINISTRIES, LLC. (Attachments: #1 Exhibit 22 - Declaration of Zachary M. Youngsma w/ Exhibits, #2 Exhibit 23 - Third Declaration of Timothy Miller, #3 Exhibit A to 3d Miller Dec. - Video of Door Operation, #4 Exhibit B to 3d Miller Dec. - 2021 ABELs)(Hoffer, Matthew)
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Filing 37
BRIEF/MEMORANDUM in Support re #36 Emergency MOTION to Amend/Correct #25 Order on Motion for TRO, #28 Order on Motion to Modify to Extend TRO for an Additional 14 days and for Status Conference , filed by Plaintiff CLARKSVILLE MINISTRIES, LLC. (Hoffer, Matthew)
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Filing 36
Emergency MOTION to Amend/Correct #25 Order on Motion for TRO, #28 Order on Motion to Modify to Extend TRO for an Additional 14 days and for Status Conference, filed by Plaintiff CLARKSVILLE MINISTRIES, LLC. (Hoffer, Matthew)
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Filing 35
ENTRY ON DEFENDANTS' EMERGENCY MOTION TO ALTER OR AMEND SEPTEMBER 14, 2021 ORDER - The Town asks that the Court clarify the following sentence: "Because the Town has violated both the text and spirit of the TRO, CM argues the Court should hold the Town in contempt, order it to show cause why sanctions should not be imposed and access attorney fees against them." The Town contends that this sentence seemingly conflicts with other findings of the Court that the Town complied with the TRO. The Court can see the Town's point, and the first sentence of the last paragraph on page 4 of the Court's September 14, 2021 Entry is now amended to read: See Entry. CM has filed a notice that it will file a response by the end of the day, September 16, 2021. The Court grants CM until Monday, September 20, 2021, to file a response to the Town's contention argued in Section II of its brief (see Filing No. #31 at 3-6) (See Entry). Signed by Judge Tanya Walton Pratt on 9/16/2021.(TMC)
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Filing 34
NOTICE Plaintiff's Intent to File a Response to Defendants' Emergency Motion to Alter or Amend September 14, 2021 Order, filed by Plaintiff CLARKSVILLE MINISTRIES, LLC, re #30 Emergency MOTION to Amend/Correct #28 Order on Motion to Modify . (Youngsma, Zachary)
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Filing 33
NOTICE of FILING of OFFICIAL TRANSCRIPT of Oral Argument on Temporary Restraining Order held before Judge Tanya Walton Pratt on 09/03/2021 (Moxley, David)
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Filing 32
TRANSCRIPT of Oral Argument on Temporary Restraining Order held on 09/03/2021 before Judge Tanya Walton Pratt. (59 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 416-1749). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 10/7/2021. Release of Transcript Restriction set for 12/15/2021. (Moxley, David)
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Filing 31
BRIEF/MEMORANDUM in Support re #30 Emergency MOTION to Amend/Correct #28 Order on Motion to Modify , filed by Defendants RICK BARR, TOWN OF CLARKSVILLE BUILDING COMMISSION, TOWN OF CLARKSVILLE, INDIANA. (Bergthold, Scott)
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Filing 30
Emergency MOTION to Amend/Correct #28 Order on Motion to Modify , filed by Defendants RICK BARR, TOWN OF CLARKSVILLE BUILDING COMMISSION, TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Exhibit G - Third Barr Affidavit, #2 Exhibit H - Ordinance No. 2021-G-10 (Chapter 117 Licensing))(Bergthold, Scott)
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Filing 29
NOTICE of Appearance by Zachary Michael Youngsma on behalf of Plaintiff CLARKSVILLE MINISTRIES, LLC. (Youngsma, Zachary)
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Filing 28
ENTRY ON PLAINTIFF'S EMERGENCY MOTION TO SHOW CAUSE, TO MODIFY TEMPORARY RESTRAINING ORDER, AND FOR SANCTIONS - The CM's Emergency Motion to Show Cause, to Modify Temporary Restraining Order, and for Sanctions is GRANTED in part and DENIED in part (Filing No. #26 ). The Motion is GRANTED in that the temporary ABL issued to CM at 6:39 p.m. on September 7, 2021, is still in effect as Defendant Barr's letter must, under the Zoning Ordinance, be construed as a notice of intent to deny CM's ABL application. The Town is enjoined from issuing any citations against CM's business operations regarding any purported licensing violation, pending any proceedings before the Town Council on "appeal" and/or judicial review of the application. The Motion is DENIED in that the Court declines (for now) to hold the Town in contempt, order them to show cause why sanctions should not be imposed or to access attorney fees against them (See Entry). Signed by Judge Tanya Walton Pratt on 9/14/2021. (TMC)
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Filing 27
BRIEF/MEMORANDUM in Support re #26 Emergency MOTION to Modify TRO, to Show Cause, and for Sanctions , filed by Plaintiff CLARKSVILLE MINISTRIES, LLC. (Attachments: #1 Exhibit 20 - Hoffer 2d Declaration w Exhibits, #2 Exhibit 21 - Miller 2d Declaration w Exhibit)(Hoffer, Matthew)
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Filing 26
Emergency MOTION to Modify TRO, to Show Cause, and for Sanctions, filed by Plaintiff CLARKSVILLE MINISTRIES, LLC. (Hoffer, Matthew)
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Filing 25
ENTRY ON PLAINTIFF'S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER - The Court GRANTS CM's Motion, ( Filing No. #4 ), and ORDERS that the Town shall issue: See Order. This TRO shall remain in effect for fourteen (14) days after the date of issuance, or until any earlier additional order of the Court, or until a later date if Defendants consent to a longer extension. Considering the evolving nature of the applicable zoning and licensing schemes, the Court constrains its decision to CM's request for the Court to order the Town to issue temporary licenses. Any argument pertaining to the applicability of the ordinances as they relate to non-temporary licensing (including so-called "grandfathering" of ordinances)may be addressed, if necessary, at a later time (See Order). Signed by Judge Tanya Walton Pratt on 9/7/2021. (TMC)
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Filing 24
MINUTE ENTRY for proceedings held before Judge Tanya Walton Pratt: Parties appeared by counsel. Oral argument held re #4 MOTION for Temporary Restraining Order. This matter was taken under advisement. Signed by Judge Tanya Walton Pratt. (Court Reporter David Moxley.)(TRG)
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Filing 23
NOTICE of Filing by All Defendants (Attachments: #1 Exhibit F, Second Rick Barr Affidavit) (Bergthold, Scott)
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Filing 22
REPLY in Support of Motion re #4 First MOTION for Temporary Restraining Order , filed by Plaintiff CLARKSVILLE MINISTRIES, LLC. (Attachments: #1 Exhibit 20 - Declaration of Douglas Marks, #2 Exhibit 21 - Declaration of Timothy Miller)(Hoffer, Matthew)
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Filing 21
DECLARATION of Matthew J. Hoffer, Esq. re #4 Motion for TRO by CLARKSVILLE MINISTRIES, LLC. (Attachments: #1 Exhibit 17 - Motion for Voluntary Dismissal by Midwest Entertainment Ventures, Inc., #2 Exhibit 18 - 8/31/2021 Barr Correspondence to Ministries, #3 Exhibit 19 - 9/1/2021 Hoffer Correspondence to Barr)(Hoffer, Matthew)
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Filing 20
NOTICE of Filing and Index of Exhibits by All Defendants (Attachments: #1 Exhibit E, Arbital Affidavit) (Bergthold, Scott)
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Filing 19
RESPONSE in Opposition re #4 First MOTION for Temporary Restraining Order , filed by Defendants RICK BARR, TOWN OF CLARKSVILLE BUILDING COMMISSION, TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Exhibit A - State Court Order Affirming License Revocation, #2 Exhibit B - State Court Injunction Against Theatre X, #3 Exhibit C - Purchase Agreement, #4 Exhibit D - Barr Affidavit)(Bergthold, Scott)
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Filing 18
DECLARATION of Michael Sanchez re #4 Motion for TRO by CLARKSVILLE MINISTRIES, LLC. (Attachments: #1 Exhibit 12 - Purchase Agreement, #2 Exhibit 13 - Lease, #3 Exhibit 14 - Addendum to Lease, #4 Exhibit 15 - Floor Plan - Original, #5 Exhibit 16 - Floor Plan - Supplemental)(Hoffer, Matthew)
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Filing 17
SCHEDULING ORDER - This matter is set for oral argument on September 3, 2021 at 9:00 a.m. via video teleconferencing. The court will contact counsel by separate email with the information to be used to participate in this hearing. The public may listen to the hearing scheduled for September 3, 2021 at 9:00 a.m. by calling 1-646-828-7666. Participants will be required to enter Meeting ID 160 653 9333 and Passcode 108590 before being connected to the hearing before Judge Tanya Walton Pratt (See Order). Signed by Judge Tanya Walton Pratt on 8/31/2021.(TMC)
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Filing 16
NOTICE of Appearance by Charles Gregory Fifer on behalf of Defendants RICK BARR, TOWN OF CLARKSVILLE BUILDING COMMISSION, TOWN OF CLARKSVILLE, INDIANA. (Fifer, Charles)
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Filing 15
NOTICE of Appearance by Scott D. Bergthold on behalf of Defendants RICK BARR, TOWN OF CLARKSVILLE BUILDING COMMISSION, TOWN OF CLARKSVILLE, INDIANA. (Bergthold, Scott)
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Filing 14
Entry and Order from Status Conference - The court held a status conference on August 30, 2021, on the plaintiff's request for a temporary restraining order (Dkt. #4 ). The motion for temporary restraining order is set for hearing before Chief Judge Tanya Walton Pratt via videoconferencing September 3, 2021, at 9 a.m. *SEE ENTRY FOR DETAILS* Signed by Magistrate Judge Debra McVicker Lynch. (AKW)
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Filing 13
Corporate Disclosure Statement by CLARKSVILLE MINISTRIES, LLC identifying Corporate Parent JANRA HOLDINGS, LLC for CLARKSVILLE MINISTRIES, LLC.. (Moudy, Joshua)
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Filing 12
ORDER granting #9 Motion to Appear pro hac vice. Matthew J. Hoffer is granted leave to appear pro hac vice on behalf of plaintiff in this matter. Signed by Magistrate Judge Debra McVicker Lynch on 8/30/2021 (Copy distributed to PHV counsel via US Mail. (TMC)
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Filing 11
Submission of Proposed Order , re #9 MOTION for Attorney(s) Matthew J. Hoffer to Appear pro hac vice on behalf of Plaintiff Clarksville Ministries, LLC (Filing fee $100, receipt number 0756-6722568), filed by Plaintiff CLARKSVILLE MINISTRIES, LLC. (Hoffer, Matthew)
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Filing 10
Amended Order Setting Status Conference - On Friday August 27, the plaintiff in this case filed a motion for temporary restraining order, requesting "immediate" relief. The presiding judge issued an order directing counsel to contact the undersigned today for a conference. They have not done so, nor have they responded to multiple contact attempts by the court. This case is set for a telephone status conference on August 30, 2021, at 11:00 a.m. (Eastern), before Magistrate Judge Debra McVicker Lynch. Counsel shall attend the conference by calling 877-402-9753, access code 4693226. Counsel for plaintiff shall serve a copy of this order on defendants. Signed by Magistrate Judge Debra McVicker Lynch on 8/30/2021. (AKW)
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Filing 9
MOTION for Attorney(s) Matthew J. Hoffer to Appear pro hac vice on behalf of Plaintiff Clarksville Ministries, LLC (Filing fee $100, receipt number 0756-6722568), filed by Plaintiff CLARKSVILLE MINISTRIES, LLC. (Hoffer, Matthew)
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Filing 8
Order Setting Status Conference - Today, the plaintiff in this case filed a motion for temporary restraining order, requesting "immediate" relief. The presiding judge issued an order directing counsel to contact the undersigned today for a conference. They have not done so, nor have they responded to multiple contact attempts by the court. This case is set for a telephone status conference on September 30, 2021, at 11:00 a.m. (Eastern), before Magistrate Judge Debra McVicker Lynch. Counsel shall attend the conference by calling 877-402-9753, access code 4693226. Counsel for plaintiff shall serve a copy of this order on defendants. Signed by Magistrate Judge Debra McVicker Lynch on 8/27/2021.(TMC)
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Filing 7
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT)
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Filing 6
ORDER - This matter is before the Court on Plaintiff's Emergency Motion for Temporary Restraining Order (Dkt. #4 ). Parties are to contact Magistrate Judge Debra McVicker Lynch today to discuss a discovery plan, briefing schedule, and to determine a date for the hearing, as well as the estimated time required for such hearing. If a hearing is needed before September 1, 2021, the Court can hold a virtual hearing on Tuesday, August 31 at 2:00 p.m. Counsel for Plaintiff shall serve a copy of this order on Defendants. Signed by Judge Tanya Walton Pratt on 8/27/2021.(LBT)
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Filing 5
BRIEF/MEMORANDUM in Support re #4 First MOTION for Temporary Restraining Order , filed by Plaintiff CLARKSVILLE MINISTRIES, LLC.. (Moudy, Joshua)
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Filing 4
First MOTION for Temporary Restraining Order , filed by Plaintiff CLARKSVILLE MINISTRIES, LLC.. (Moudy, Joshua)
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Filing 3
NOTICE of Appearance by Grace B. Atwater on behalf of Plaintiff CLARKSVILLE MINISTRIES, LLC.. (Atwater, Grace)
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Filing 2
NOTICE of Appearance by Joshua S. Moudy on behalf of Plaintiff CLARKSVILLE MINISTRIES, LLC.. (Moudy, Joshua)
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Filing 1
COMPLAINT against All Defendants, filed by CLARKSVILLE MINISTRIES, LLC.. (Filing fee $402, receipt number 0756-6721361) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Civil Cover Sheet, #13 Proposed Summons)(Moudy, Joshua)
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(TEXT ONLY ENTRY) CLERK'S NOTICE - The plaintiff has tendered a summons that is not in compliance with Fed. R. Civ. P. 4(a)(1)(C), which requires a summons to state the name and address of the attorney of plaintiff. Plaintiff has tendered a blank summons. The Clerk cannot issue a summons that is not properly completed. See Fed. R. Civ. P. 4(b). Plaintiff is directed to resubmit properly completed summons for issuance. (LBT)
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