Houchens et al v. Beshear et al
| Ben Cundiff, Richard Gimmel, Joe Papalia, Milton Seymore, Gary Houchens, Kathy Gornik and Laura Timberlake |
| David Karem, Alvis Johnson, Andy Beshear, Joann Adams, Daniel Cameron, Cody Pauley Johnson, Michael Bowling, Patrice McCray, Claire Batt, Holly Bloodworth, Lu Young, Sharon Porter Robinson and Lee Tood |
| 3:2020cv00006 |
| January 17, 2020 |
| US District Court for the Eastern District of Kentucky |
| Gregory F VanTatenhove |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 REPLY to Response to Motion re #14 MOTION to Dismiss for failure to state a claim by Andy Beshear filed by Andy Beshear. (Farris, Marc) |
| Filing 26 NOTICE OF FILING by Gary Houchens re #22 Response in Opposition to Motion,, Notice of Deficiency,, Notice of Deficiency,,, #21 Response in Opposition to Motion,, (Attachments: #1 Affidavit Joint Affidavit)(Megerle, Steven) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #10 MOTION to Dismiss for Lack of Jurisdiction by Joann Adams, Claire Batt, Holly Bloodworth, Michael Bowling, Alvis Johnson, Cody Pauley Johnson, David Karem, Patrice McCray, Sharon Porter Robinson, Lee Tood, Lu Young (CBD) |
| Filing 25 REPLY to Response to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction by Joann Adams, Claire Batt, Holly Bloodworth, Michael Bowling, Alvis Johnson, Cody Pauley Johnson, David Karem, Patrice McCray, Sharon Porter Robinson, Lee Tood, Lu Young filed by Joann Adams, Claire Batt, Holly Bloodworth, Michael Bowling, Alvis Johnson, Cody Pauley Johnson, David Karem, Patrice McCray, Sharon Porter Robinson, Lee Tood, Lu Young. (Lant, Ashley) |
| Filing 24 RESPONSE in Opposition re #19 MOTION to Dismiss for failure to state a claim by Daniel Cameron filed by Gary Houchens. (Attachments: #1 Exhibit University of Louisville Order Granting Injunctive Relief,, #2 Exhibit Beshear v. Bevin, Frankin Cir Ct. Amended Judgment)(Megerle, Steven) |
| Filing 23 NOTICE OF FILING by Gary Houchens re #22 Response in Opposition to Motion, Notice of Deficiency,, Notice of Deficiency,,, #21 Response in Opposition to Motion,, (Attachments: #1 Affidavit Gayr Houchens)(Megerle, Steven) |
| NOTICE OF DEFICIENCY TO Steven J. Megerle: Error: Affidavits attached to Response #22 contain typed signatures for the affiants. Scanned copies of the original signatures for the affiant and notary must be filed. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach a scanned copy of the Affidavit with the original signature of the affiant and notary. cc: COR (CBD) |
| Filing 22 RESPONSE in Opposition re #14 MOTION to Dismiss for failure to state a claim by Andy Beshear filed by Gary Houchens. (Attachments: #1 Affidavit Gary Houchens w Exhibits, #2 Affidavit Plaintiffs' Joint Affidavit, #3 State Court Record Ky. Supreme Court Beshear v. Bevin, 2016-SC-0272, #4 Exhibit Beshear v. Bevin, Franklin Cir Ct. Final Judgment, 16-CI-738)(Megerle, Steven) (Additional attachment(s) added on 3/12/2020: #5 SIGNED Affidavit of Gary Houchens) (CBD). (Additional attachment(s) added on 3/16/2020: #6 CORRECTED Plaintiffs' Joint Affidavit) (CBD). |
| Filing 21 RESPONSE in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction by Joann Adams, Claire Batt, Holly Bloodworth, Michael Bowling, Alvis Johnson, Cody Pauley Johnson, David Karem, Patrice McCray, Sharon Porter Robinson, Lee Tood, Lu Young filed by Gary Houchens. (Attachments: #1 Affidavit Gary Houchens w Exhibit A & B, #2 Affidavit Plaintiffs' Joint Affidavit)(Megerle, Steven) (Additional attachment(s) added on 3/2/2020: #3 CORRECTED Affidavit Gary Houchens w Exhibit A & B) (CBD). (Additional attachment(s) added on 3/12/2020: #4 SIGNED Affidavit of Gary Houchens) (CBD). (Additional attachment(s) added on 3/16/2020: #5 CORRECTED Plaintiffs' Joint Affidavit) (CBD). |
| NOTICE OF DEFICIENCY TO Steven J. Megerle re #21 Response in Opposition. ***Error 1: Error: A page of Exhibit 1 was upside down; Entry by attorney; Correction: Clerk rotated the page(s) and entered the document as a separate attachment; At the browse screen within ECF, always open and view each PDF document before proceeding with the filing. cc***Error 2: Affidavit attached to Response; a scanned copy of the original signature for the affiant and notary must be filed. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach a scanned copy of the Affidavit with the original signature of the affiant and notary. cc: COR (CBD) |
| Clerk's Note re Response #21 : Clerk confirmed with counsel that the Affidavit at #21 -1 is correct/complete, page 4 of 4 is not missing any information blank. (CBD) |
Filing 20
OPINION & ORDER: Plaintiffs Motion for Preliminary Injunction #7 is DENIED. Signed by Judge Gregory F. VanTatenhove on 2/27/2020.(CBD)cc: COR Modified text on 3/2/2020 (CBD).
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| Filing 19 MOTION to Dismiss for failure to state a claim by Daniel Cameron (Attachments: #1 Proposed Order)(Nolan, Brett) |
| Filing 18 NOTICE OF FILING by Gary Houchens re #15 Order, #1 Complaint, signed by Plaintiffs' counsel (Megerle, Steven) |
| Filing 17 REPLY BRIEF to #7 Motion for Emergency Injunction filed by Gary Houchens. (Megerle, Steven) |
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Filing 16
MINUTE ENTRY ORDER FOR MOTION HEARING held on 2/11/2020 re #7 EMERGENCY MOTION for Preliminary Injunction before Judge Gregory F. Van Tatenhove: 1) Court takes the motion under advisement pending the filing of a reply by Plas. Pla counsel indicated the reply would be filed by COB on 2/13/2020. 2) A separate order shall issue promptly. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter SANDY WILDER.) (SCD)cc: COR
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Filing 15
ORDER: Plaintiffs are DIRECTED to file a CORRECTED Complaint in the record, containing Plaintiff counsel's signature. Signed by Judge Gregory F. VanTatenhove on 2/11/2020.(CBD)cc: COR
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| Filing 14 MOTION to Dismiss for failure to state a claim by Andy Beshear (Attachments: #1 Memorandum in Support, #2 Exhibit A - Executive Order, #3 Exhibit B - Franklin Cir. Ct. Order, #4 Exhibit C - Ky Court of Appeals Order, #5 Exhibit D - Ky Supreme Court Order, #6 Proposed Order)(Farris, Marc) |
| Filing 13 RESPONSE to Motion re #7 EMERGENCY MOTION for Preliminary Injunction by Gary Houchens against Governor Beshear and Ky. Board of Education Members filed by Daniel Cameron. (Nolan, Brett) |
| Filing 12 RESPONSE in Opposition re #7 EMERGENCY MOTION for Preliminary Injunction by Gary Houchens against Governor Beshear and Ky. Board of Education Members filed by Andy Beshear. (Attachments: #1 Exhibit A - Executive Order, #2 Exhibit B - Franklin Cir Ct Order, #3 Exhibit C - Ky Ct of Appeals Order, #4 Exhibit D - Ky Sup Ct Order)(Farris, Marc) |
| Filing 11 RESPONSE to Motion re #7 EMERGENCY MOTION for Preliminary Injunction filed by Joann Adams, Claire Batt, Holly Bloodworth, Michael Bowling, Alvis Johnson, Cody Pauley Johnson, David Karem, Patrice McCray, Sharon Porter Robinson, Lee Tood, Lu Young. (SCD)(Filed pursuant to QC re #10 ) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Joann Adams, Claire Batt, Holly Bloodworth, Michael Bowling, Alvis Johnson, Cody Pauley Johnson, David Karem, Patrice McCray, Sharon Porter Robinson, Lee Tood, Lu Young. (Attachments: #1 Proposed Order)(Lant, Ashley) Modified on 2/10/2020 (SCD). |
| Filing 9 NOTICE of Appearance by Brett Robert Nolan on behalf of Daniel Cameron (Nolan, Brett) |
| Attorney Update. Attorney La Tasha Buckner, Steven Travis Mayo, Marc Griffin Farris for Andy Beshear added. (SCD) |
| Attorney Update. Attorney Todd Gregory Allen added. (SCD) |
| NOTICE OF DOCKET MODIFICATION TO Ashley Lant re #10 MOTION to Dismiss for Lack of Jurisdiction:Error: This is a motion AND a response. The document was filed only as a motion when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Response #11 . In the future, when filing multiple documents within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel. cc: COR (SCD) |
| Attorney Update. Attorney M. Stephen Pitt,Barry L. Dunn for Daniel Cameron added. (CBD) |
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Filing 8
ORDER: 1) Dfts are DIRECTED to file a response, if desired, to #7 EMERGENCY MOTION for Preliminary Injunction by 2/10/2020. 2) Parties will submit to oral argument on the pending request for a preliminary injunction on 2/11/2020 at 10:00 AM in FRANKFORT. 3) Plas are DIRECTED to mail a copy of this Order to each Dft named in the record. Signed by Judge Gregory F. VanTatenhove on 2/4/2020.(SCD)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO Steven Megerle re #6 Summons Returned Executed; ***Error: Incorrect party, Claire Batt, was selected as the person served; Entry by attorney; Correction: Clerk modified the text of the entry to reflect Holly Bloodworth as the party served and reset answer due for both Claire Batt and Holly Bloodworth; No further action required as to this entry. cc: COR (CBD) |
| Filing 7 EMERGENCY MOTION for Preliminary Injunction by Gary Houchens against Governor Beshear and Ky. Board of Education Members (Attachments: #1 Exhibit Beshear Exec. Ord. 2019-002, #2 Exhibit Beshear Attorney General Opinion 16-001, re: Ky. Horse Park, #3 Exhibit Franklin Cir. Ct. Op. 16-CI-738, #4 Proposed Order)(Megerle, Steven) |
| Filing 6 SUMMONS Returned Executed by Gary Houchens via certified mail to Holly Bloodworth served on 1/30/2020, answer due 2/20/2020. (Megerle, Steven) Modified text on 2/4/2020 (CBD). |
| Filing 5 SUMMONS Returned Executed by Gary Houchens via certified mail to Daniel Cameron served on 1/30/2020, answer due 2/20/2020. (Megerle, Steven) |
| Filing 4 SUMMONS Returned Executed by Gary Houchens via certified mail to Andy Beshear served on 1/30/2020, answer due 2/20/2020. (Megerle, Steven) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #7 EMERGENCY MOTION for Preliminary Injunction by Gary Houchens against Governor Beshear and Ky. Board of Education Members (CBD) |
| NOTICE OF DEFICIENCY TO Steven Joseph Megerle re #1 Complaint: the filing attorney's name or signature block is not typed at the end of the document. The name of the Filing User under whose login and password the document is filed must be preceded by an "s/" and typed in the space where the signature would otherwise appear. No further action required. cc: COR (SCD) |
| Conflict Check run. (SCD) |
| Filing 3 Summons Issued as to Joann Adams, Claire Batt, Andy Beshear, Holly Bloodworth, Michael Bowling, Daniel Cameron, Alvis Johnson, Cody Pauley Johnson, David Karem, Patrice McCray, Sharon Porter Robinson, Lee Tood, Lu Young; Summons issued and returned to counsel electronically. (SCD) |
| Filing 1 Verified COMPLAINT with Jury Demand, filed by Laura Timberlake, Kathy Gornik, Gary Houchens, Richard Gimmel, Milton Seymore, Joe Papalia, Ben Cundiff. (Filing fee $400; receipt number 0643-4571755) (Attachments: #1 Verification, #2 Exhibit - Executive Order, #3 Civil Cover Sheet, #4 Summons to be issued)(SCD) |
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