Pleasant View Baptist Church et al v. Saddler et al
| Central Baptist Academy, Mayfield Creek Christian School, Pleasant View Baptist School, John Miller, Nicole Duvall, Wesley Deters, Lee Watts, Veritas Christian Academy, Faith Baptist Church, Pleasant View Baptist Church, Mitch Deters, Pastor Jack Roberts, Pastor Terry Norris, Pastor Tom Otto, Austin Everson, Cornerstone Christian School, Mayfield Creek Baptist Church, Micah Christian School, Maryville Baptist Church, Tony Wheatley, Pastor Mark Eaton, Central Baptist Church, Highlands Latin School, Faith Baptist Academy, Pastor Dale Massengale, James Duvall and Sara Everson |
| Andy Beshear, Andrew Beshear and Lynne M. Saddler |
| 2:2020cv00166 |
| November 23, 2020 |
| US District Court for the Eastern District of Kentucky |
| Candace J Smith |
| Gregory F VanTatenhove |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 37
ORDER: 1. The Agreed Motion Extending Plaintiff Pleasant View Baptist Church's time to respond to Defendant Governor Beshear's Motion to Dismiss #36 is GRANTED; and 2. Pleasant View Baptist Church must answer or otherwise respond to Governor Beshear's Motion to Dismiss on or before Monday, February 8, 2021. Signed by Judge Gregory F. VanTatenhove on 1/8/2021.(ECO)cc: COR
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Filing 36
Proposed Agreed Order regarding extension of time to respond to motion to dismiss by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptist Church, Highlands Latin School, Maryville Baptist Church, Dale Massengale, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Micah Christian School, John Miller, Terry Norris, Tom Otto, Pleasant View Baptist Church, Pleasant View Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley. (Wiest, Christopher)
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Filing 35
MOTION to Dismiss by Andrew Beshear, Andy Beshear (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss, #2 Proposed Order Proposed Order - Motion to Dismiss)(Mayo, Steven)
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Filing 34
ORDER: 1) Agreed Motion for Extension of Time #33 is GRANTED. 2) Plaintiff Pleasant View will have until 2/1/2021 to respond to Defendant Saddler's Motion to Dismiss. Signed by Judge Gregory F. VanTatenhove on 12/23/2020.(TJZ)cc: COR
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Filing 33
Proposed Agreed Order extending time to respond to motion by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptist Church, Highlands Latin School, Maryville Baptist Church, Dale Massengale, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Micah Christian School, John Miller, Terry Norris, Tom Otto, Pleasant View Baptist Church, Pleasant View Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley. (Wiest, Christopher)
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Filing 32
ORDER of USCA as to #26 Notice of Appeal: the motion for an injunction pending appeal is DENIED. The motions for leave to exceed the word limit are GRANTED. (Attachments: #1 cover letter)(TJZ)
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Filing 31
USCA Case Number 20-6399 Case Manager Ryan E. Orme for #26 Notice of Appeal,, filed by Sara Everson, Mayfield Creek Christian School, John Miller, Mark Eaton, Terry Norris, Faith Baptist Academy, Highlands Latin School, Dale Massengale, Pleasant View Baptist Church, Central Baptist Academy, Tom Otto, Nicole Duvall, Lee Watts, Wesley Deters, Pleasant View Baptist School, Mitch Deters, Maryville Baptist Church, Tony Wheatley, Micah Christian School, Cornerstone Christian School, Veritas Christian Academy, Mayfield Creek Baptist Church, Jack Roberts, Austin Everson, James Duvall, Central Baptist Church, Faith Baptist Church. (KRB)
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Filing 30
ORDER: Accordingly, the Court being sufficiently advised and for the reasons set forth in the Courts Opinion and Order on December 11, 2020, it is hereby ORDERED that Pleasant Views Motion for an Emergency Stay or Injunction Pending Appeal #27 is DENIED.. Signed by Judge Gregory F. VanTatenhove on 12/14/2020. (KRB)cc: COR
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Filing 29
NOTICE OF FILING by Andrew Beshear, Andy Beshear re #28 Notice of Filing Exhibit A to Notice of Filing of Supplemental Authority (Attachments: #1 Exhibit Executive Order 2020-1034)(Mayo, Steven)
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Filing 28
NOTICE OF FILING by Andrew Beshear, Andy Beshear of Supplemental Authority (Mayo, Steven)
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Filing 27
EMERGENCY MOTION to Stay by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptist Church, Highlands Latin School, Maryville Baptist Church, Dale Massengale, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Micah Christian School, John Miller, Terry Norris, Tom Otto, Pleasant View Baptist Church, Pleasant View Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley for injunction pending appeal Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Wiest, Christopher)
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Filing 26
NOTICE OF APPEAL as to #24 Memorandum Opinion & Order, Terminate Motions by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptist Church, Highlands Latin School, Maryville Baptist Church, Dale Massengale, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Micah Christian School, John Miller, Terry Norris, Tom Otto, Pleasant View Baptist Church, Pleasant View Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley. Filing fee $ 505, receipt number 0643-4849317. (Wiest, Christopher)
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Filing 25
ORDER: 1) The Agreed Order Extending Defendant Governor Beshear's Time to Answer #23 is GRANTED; 2) Governor Beshear must answer or otherwise respond to Plaintiffs Complaint within 21 days after 12/11/2020, which is the date of this Courts ruling on Plaintiffs motion for a preliminary injunction. Signed by Judge Gregory F. VanTatenhove on 12/11/2020.(TJZ)cc: COR
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Filing 24
OPINION & ORDER: it is hereby ORDERED that Plaintiffs Emergency Motion for Preliminary Injunction #3 is DENIED. Signed by Judge Gregory F. VanTatenhove on 12/11/2020.(KRB)cc: COR
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Filing 23
Proposed Agreed Order Extending Time to File Answer or Otherwise Respond to Complaint by Andrew Beshear, Andy Beshear. (Mayo, Steven)
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Filing 22
MOTION to Dismiss for failure to state a claim by Lynne M. Saddler (Attachments: #1 Exhibit Guidance, #2 Proposed Order)(Mando, Jeffrey)
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Filing 21
TRANSCRIPT of Proceedings: MOTION HEARING held on 12/03/2020 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: CHRISTOPHER DAVID WIEST and MARC G. FARRIS. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 12/31/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021.
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Filing 20
TRANSCRIPT REQUEST by Andrew Beshear, Andy Beshear for proceedings held on 12/03/2020 before Judge Van Tatenhove.. (Farris, Marc)
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Filing 19
MINUTE ENTRY ORDER FOR MOTION HEARING held on 12/3/2020 before Judge Gregory F. VanTatenhove: The parties appeared for motion hearing on Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction #3 as noted. The Court having heard arguments of counsel, the matter now stands submitted to the Court for decision. (Court Reporter Sandy Wilder.) Signed by District Judge Gregory F. VanTatenhove. (KRB)cc: COR
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Filing 18
ORDER:that Governor Beshears Motion for Leave to Exceed the Page Limit under Local Rule 7.1(d) #15 is GRANTED. Signed by Judge Gregory F. VanTatenhove on 12/03/2020. (KRB)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of District Judge Gregory F. VanTatenhove for review: re #3 MOTION for Temporary Restraining Order by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith B MOTION for Preliminary Injunction by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptis (KRB)
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Filing 17
REPLY to #3 , #16 in support of Motion for Preliminary Injunction filed by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptist Church, Highlands Latin School, Maryville Baptist Church, Dale Massengale, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Micah Christian School, John Miller, Terry Norris, Tom Otto, Pleasant View Baptist Church, Pleasant View Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley. (Wiest, Christopher)
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Filing 16
RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith B MOTION for Preliminary Injunction by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptis filed by Andrew Beshear, Andy Beshear. (Attachments: #1 Exhibit Exhibit A - Declaration of Dr. Steven Stack, #2 Exhibit Exhibit B - White House State Report 10-25-20)(Mayo, Steven)
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Filing 15
MOTION for Leave to File Excess Pages by Andrew Beshear, Andy Beshear Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Order - Motion for Leave)(Mayo, Steven)
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Filing 14
NOTICE OF APPEARANCE by Andrew Beshear, Andy Beshear. (Payne, Taylor)
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Filing 13
NOTICE OF APPEARANCE by Lynne M. Saddler. (Mando, Jeffrey)
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Filing 12
ORDER: 1. Defendant Governor Beshear SHALL RESPOND to Pleasant View Baptist Church's motion #3 no later than 5 p.m. on Wednesday, December 2, 2020, as to the following claims: Violation of the freedom to peaceably assemble and freedom of association; Violation of the right to live together as family; Violation of the freedom of speech; and Violation of substantive due process. 2. A hearing in this matter shall be held Thursday, December 3, 2020, at the hour of 10:00 a.m. in Lexington, Kentucky. Signed by Judge Gregory F. VanTatenhove on 11/30/2020.(ECO)cc: COR Emailed copy to Lexington Clerk's Office. Modified Bold text on 11/30/2020 (ECO). Modified text on 12/3/2020 (ECO).
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Filing 11
FRCP 7.1 DISCLOSURE STATEMENT by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptist Church, Highlands Latin School, Maryville Baptist Church, Dale Massengale, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Micah Christian School, John Miller, Terry Norris, Tom Otto, Pleasant View Baptist Church, Pleasant View Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley. (Wiest, Christopher)
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***FILE SUBMITTED TO CHAMBERS of Gregory F. VanTatenhove for review: #10 Notice of Non-Mootness re: #9 Order. (ECO)
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Filing 10
NOTICE by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptist Church, Highlands Latin School, Maryville Baptist Church, Dale Massengale, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Micah Christian School, John Miller, Terry Norris, Tom Otto, Pleasant View Baptist Church, Pleasant View Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley re #9 Order, of non-mootness (Wiest, Christopher)
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Filing 9
ORDER: In light of the Court's grant of a preliminary injunction in Danville Christian earlier today, the Court hereby ORDERS Pleasant View Baptist Church to provide NOTICE as to whether its claims have now been rendered moot NLT 5 p.m. on 11/30/2020. Signed by Judge Gregory F. Van Tatenhove on 11/25/2020.(JJ)cc: COR
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Filing 8
NOTICE OF APPEARANCE by Andrew Beshear, Andy Beshear. (Farris, Marc)
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Filing 7
ORDER: that this matter is hereby REASSIGNED to theHonorable Gregory F. Van Tatenhove of the United States District Court for the Eastern District of Kentucky as related to Danville Christian Academy, et al v. Beshear, 3:20-cv-75.. Signed by Judge David L. Bunning on 11/24/20.(KRB)cc: COR
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Filing 6
NOTICE of Appearance by Amy Denise Cubbage on behalf of Andrew Beshear, Andy Beshear (Cubbage, Amy)
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Filing 5
STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011.(ECO)cc: COR
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Conflict Check run. (KRB)
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Conflict Check run. (ECO)
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Filing 4
Summons Issued as to Andrew Beshear,Lynne M. Saddler; Summons issued and returned to counsel electronically (ECO)
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Filing 3
EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Everson, Sara Everson, Faith Baptist Academy, Faith Baptist Church, Highlands Latin School, Maryville Baptist Church, Dale Massengale, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Micah Christian School, John Miller, Terry Norris, Tom Otto, Pleasant View Baptist Church, Pleasant View Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley. (ECO) Modified to take out referral language on 11/24/2020 (ECO).
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Filing 1
VERIFIED COMPLAINT for Declaratory, Injunctive Relief, and Damages with Jury Demand Endorsed Hereon ( Filing fee $400; receipt number 0643-4835270), filed by Mayfield Creek Baptist Church, Tom Otto, Maryville Baptist Church, Highlands Latin School, Pleasant View Baptist Church, Cornerstone Christian School, Nicole Duvall, Veritas Christian Academy, Tony Wheatley, Jack Roberts, Central Baptist Church, Micah Christian School, Austin Everson, Wesley Deters, Mitch Deters, James Duvall, Dale Massengale, Terry Norris, John Miller, Central Baptist Academy, Faith Baptist Academy, Lee Watts, Mark Eaton, Sara Everson, Faith Baptist Church, Mayfield Creek Christian School, Pleasant View Baptist School. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(ECO)
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