Cameron v. Beshear et al
| Allison S. Alessandro, Daniel Cameron, M. O. and W. O. |
| Andrew Beshear |
| 3:2020cv00023 |
| April 2, 2020 |
| US District Court for the Eastern District of Kentucky |
| Gregory F VanTatenhove |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 43
MEMORANDUM OPINION & ORDER: It is ordered that #40 MOTION to file intervening complaint is DENIED. Action is DISMISSED AS MOOT and STRICKEN from the Court's active docket. Signed by Judge Gregory F. Van Tatenhove on 5/21/2020.(SCD)cc: COR
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| Filing 42 REPLY to Response to Motion re #40 MOTION to file intervening complaint and enter a scheduling order by Daniel Cameron filed by Daniel Cameron. (Nolan, Brett) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #40 MOTION to file intervening complaint and enter a scheduling order by Daniel Cameron (JJ) |
| Filing 41 RESPONSE in Opposition re #40 MOTION to file intervening complaint and enter a scheduling order by Daniel Cameron filed by Andrew Beshear. (Newberg, Joseph) |
| Filing 40 MOTION to file intervening complaint and enter a scheduling order re #34 Memorandum Opinion and Order by Daniel Cameron (Attachments: #1 Exhibit 1 - Attorney General Daniel Cameron's Intervening Complaint, #2 Proposed Order granting Attorney General Daniel Cameron's motion)(Iaccarino, Carmine) Modified on 5/12/2020 (SCD). |
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Filing 39
OPINION & ORDER: 1. Plaintiffs W.O. and M.O.'s claims against Defendant Governor Andy Beshear are DISMISSED WITH PREJUDICE; and 2. Plaintiff Attorney General Daniel Cameron's claims remain. Signed by Judge Gregory F. VanTatenhove on 5/9/2020.(CBD)cc: COR Modified on 5/9/2020 (CBD).
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Filing 38
ORDER: It is ordered that the #24 Motion for Extension of Time to Answer is DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove on 5/8/2020. (SCD)cc: COR
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Filing 37
ORDER: It is ordered that #36 Motion for Extension of Time is GRANTED. Both parties shall have until COB on 5/11/2020 to file any supplemental briefing for the Court's consideration. Signed by Judge Gregory F. VanTatenhove on 5/7/2020. (SCD)cc: COR
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| Filing 36 MOTION for Extension of Time to File Supplemental Briefing by Daniel Cameron (Attachments: #1 Proposed Order)(Nolan, Brett) Modified on 5/8/2020 (SCD). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #35 Notice of Filing of Supplemental Authority (SCD) |
| Filing 35 NOTICE OF FILING of Supplemental Authority by Andrew Beshear (Attachments: #1 Exhibit A - Executive Order 2020-315)(Mayo, Steven) Modified on 5/7/2020 (SCD). |
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Filing 34
MEMORANDUM OPINION & ORDER: 1) #23 Motion to Realign, construed as a motion for permissive intervention is GRANTED. 2) Attorney General Cameron and Governor Beshear may file supplemental briefing consistent with the directives of this Order. Signed by Judge Gregory F. VanTatenhove on 5/5/2020. (SCD)cc: COR
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| Filing 33 REPLY to Response to Motion re #23 MOTION to realign the Attorney General as Plaintiff by Daniel Cameron (unopposed by Plaintiffs) filed by Daniel Cameron. (Nolan, Brett) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #32 Notice of Supplemental Authority (SCD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #23 MOTION to realign the Attorney General as Plaintiff by Daniel Cameron (unopposed by Plaintiffs) (SCD) |
| Party Daniel Cameron (Plaintiff) added. Party Daniel Cameron (Defendant) (in his official capacity as Attorney General of Kentucky) terminated. (SCD) |
| Filing 32 NOTICE OF SUPPLEMENTAL AUTHORITY re #11 Motion for Preliminary Injunction by M. O., W. O. (Attachments: #1 Exhibit A - Roberts v. Neace Order)(O'Connor, Brian) Modified on 5/5/2020 (SCD). |
| Filing 31 RESPONSE in Opposition re #23 MOTION to realign the Attorney General as Plaintiff filed by Andrew Beshear. (Newberg, Joseph) Modified on 5/1/2020 (SCD). |
| Filing 30 TRANSCRIPT of Proceedings: TELEPHONIC MOTION HEARING held on 04/14/2020 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: CARMINE G. IACCARINO. 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 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. |
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Filing 29
ORDER: It is ordered that Dft Governor Andrew Beshear SHALL RESPOND to the #23 MOTION to realign the Attorney General as Plaintiff on or before COB on 5/1/2020. Signed by Judge Gregory F. VanTatenhove on 4/29/2020.(SCD)cc: COR
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| Filing 28 TRANSCRIPT of Proceedings: SCHEDULING TELECONFERENCE held on 04/06/2020 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: CARMINE G. IACCARINO. 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 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 7/31/2020. |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #26 Notice of Filing of Supplemental Authority and #27 RESPONSE. (SCD) |
| Filing 27 RESPONSE to #26 Notice of Filing of Supplemental Authority filed by M. O., W. O.. (O'Connor, Brian) Modified on 4/29/2020 (SCD). |
| Filing 26 NOTICE OF FILING of Supplemental Authority by Andrew Beshear re #18 Response in Opposition to #11 Motion. (Attachments: #1 Exhibit Exhibit A - Smith v. Avino)(Mayo, Steven) Modified on 4/29/2020 (SCD). |
| Filing 25 TRANSCRIPT REQUEST by Daniel Cameron for proceedings held on April 14, 2020 before Judge Judge Gregory F. Van Tatenhove.. (Iaccarino, Carmine) |
| Clerk's Note re #22 Transcript Request: Request has been forwarded to the court reporter. (SCD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #24 MOTION for Extension of Time to File Answer by Daniel Cameron (unopposed by Plaintiffs) (SCD) |
| Clerk's Note re #25 Transcript Request: Request has been forwarded to the court reporter. (SCD) |
| Clerk's Note re #22 Transcript Request: Counsel contacted Clerk's Office. The wrong hearing was selected on the transcript request. Counsel will be filing a new request in the record. (SCD) |
| Filing 24 MOTION for Extension of Time to File Answer by Daniel Cameron (unopposed by Plaintiffs) (Attachments: #1 Proposed Order granting motion for extension to respond to First Amended Complaint)(Iaccarino, Carmine) |
| Filing 23 MOTION to realign the Attorney General as Plaintiff by Daniel Cameron (unopposed by Plaintiffs) (Attachments: #1 Proposed Order granting Attorney General's motion to realign as a Plaintiff)(Iaccarino, Carmine) |
| Filing 22 TRANSCRIPT REQUEST by Daniel Cameron for proceedings held on April 6, 2020 before Judge Gregory F. VanTatenhove.. (Iaccarino, Carmine) |
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Filing 21
MINUTE ENTRY ORDER FOR MOTION HEARING held on 4/14/2020 before Judge Gregory F. Van Tatenhove: 1) #10 Motion for Leave to Proceed by Use of Pseudonyms is GRANTED. 2) #12 Motion for Voluntary Dismissal of Plaintiff Allison S. Alessandro is GRANTED. Pla Allison S. Alessandro is dismissed as a party from this action. 3) #11 Motion for Preliminary Injunction is TAKEN UNDER ADVISEMENT and a separate order shall issue. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter SANDY WILDER.) (SCD)cc: COR
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| Motions Taken Under Advisement: #11 MOTION for Preliminary Injunction by M. O., W. O. (SCD) |
| Party Allison S. Alessandro terminated. (SCD) |
| Filing 20 REPLY to Response to Motion re #11 MOTION for Preliminary Injunction filed by Allison S. Alessandro, M. O., W. O.. (Attachments: #1 Exhibit A - Final KSP)(SCD)(Filed pursuant to QC re #19 ) |
| Filing 19 INCORRECTLY FILED - RESPONSE in Support re #11 MOTION for Preliminary Injunction by Allison S. Alessandro, M. O., W. O. Plaintiffs' Reply in Support of their Motion for Preliminary Injunction filed by M. O., W. O.. (Attachments: #1 Exhibit A - Final KSP)(O'Connor, Brian) See #20 for the correct entry of this pleading. Modified on 4/13/2020 (SCD). |
| NOTICE OF DOCKET MODIFICATION TO Brian O'Connor re #19 Response in Support of Motion: Error: the reply to #11 was incorrectly filed using the event "response." Entry by attorney; Clerk modified the docket text of #19 to state, "incorrectly filed." Clerk filed the reply as #20 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (SCD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #11 MOTION for Preliminary Injunction by Allison S. Alessandro, M. O., W. O. (SCD) |
| Filing 18 RESPONSE in Opposition re #11 MOTION for Preliminary Injunction by Allison S. Alessandro, M. O., W. O. filed by Andrew Beshear. (Mayo, Steven) |
| Filing 17 RESPONSE in Opposition re #11 MOTION for Preliminary Injunction by Allison S. Alessandro, M. O., W. O. filed by Daniel Cameron. (Attachments: #1 Exhibit 1 - Declaration of Deputy Attorney General Barry L. Dunn)(Iaccarino, Carmine) |
| Filing 16 Declaration of Brian P. O'Connor, Esq. in Support of #11 MOTION for Preliminary Injunction by M. O., W. O.. (Attachments: #1 Exhibit A - Yetter Article, #2 Exhibit B - Shepherd Article, #3 Exhibit C - Costello Article, #4 Exhibit D - Staley Article, #5 Exhibit E - Sonka Article, #6 Exhibit F - Fair Article, #7 Exhibit G - CBS3 Article, #8 Exhibit H - Leavenworth Article, #9 Exhibit I - AP Article, #10 Exhibit J - James Article)(O'Connor, Brian) Modified on 4/9/2020 (SCD). |
| Filing 15 Declaration of M.O. in Support of re #11 MOTION for Preliminary Injunction by M. O.. (O'Connor, Brian) Modified on 4/9/2020 (SCD). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #12 Notice of Voluntary Dismissal by Allison S. Alessandro. (SCD) |
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Filing 14
ORDER: 1) HEARING on the Motion for Preliminary Injunction is SET for 4/14/2020 at 11:00 AM in FRANKFORT. 2) Parties are DIRECTE to appear telephonically. Parties are DIRECTED to call AT&T Teleconferencing. 3) Public policy favors open judicial proceedings. CSOs shall implement and enforce appropriate social distancing measures w/in the Courtroom. Signed by Judge Gregory F. Van Tatenhove on 4/8/2020.(SCD)cc: COR
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| Filing 12 NOTICE of Voluntary Dismissal by Allison S. Alessandro (O'Connor, Brian) |
| Filing 11 MOTION for Preliminary Injunction with Memorandum in Support by Allison S. Alessandro, M. O., W. O. (Attachments: #1 Proposed Order)(O'Connor, Brian) Modified on 4/8/2020 (SCD). |
| Filing 10 MOTION for Leave to Proceed by Use of Pseudonyms by M. O., W. O. (Attachments: #1 Proposed Order)(O'Connor, Brian) Modified on 4/8/2020 (SCD). |
| Filing 9 AMENDED COMPLAINT for Injunctive Relief, Declaratory Relief & Attorney Fees against Andrew Beshear, Daniel Cameron, filed by Allison S. Alessandro, W. O., M. O.. (Attachments: #1 Exhibit A - Executive Order, #2 Exhibit B - Executive Order)(O'Connor, Brian) |
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Filing 13
MINUTE ENTRY ORDER FOR TELEPHONIC SCHEDULING CONFERENCE held on 4/6/2020, before Judge Gregory F. Van Tatenhove: 1) Oral motion of Pla for leave to file additional briefing on the request for preliminary injunction and motion to add additional plaintiffs is GRANTED. Both shall be filed by NOON on 4/7/2020. 2) Dfts shall respond to the request for preliminary injunction and any pending motions on or before 4/10/2020. 3) Pla shall file any reply by COB on 4/13/2020. 4) Once all briefing has been filed w the Court a telephonic hearing will be scheduled promptly. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter SANDY WILDER.) (SCD)cc: COR
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| Filing 8 NOTICE OF APPEARANCE by Daniel Cameron. (Iaccarino, Carmine) |
| Filing 7 NOTICE OF APPEARANCE by Andrew Beshear. (Mayo, Steven) |
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Filing 6
ORDER: 1) #3 MOTION for Temporary Restraining Order is DENIED. 2) TELEPHONIC SCHEDULING CONFERENCE shall be held 4/6/2020 at 11:00 AM in FRANKFORT. 3) To join the teleconference, parties are DIRECTED to call AT&T Teleconferencing (see order). 4) Pla is DIRECTED to serve a copy of this Order upon Dfts or their counsel. Signed by Judge Gregory F. Van Tatenhove on 4/3/2020.(SCD)cc: COR
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| Filing 5 Summons Issued as to Andrew Beshear, Daniel Cameron; Summons issued and returned to counsel electronically (SCD) |
| Filing 4 NOTICE OF FILING of Summons by Allison S. Alessandro re #1 Complaint. (Attachments: #1 Summons Andrew Beshear, #2 Summons Daniel Cameron)(O'Connor, Brian) Modified on 4/2/2020 (SCD). |
| Filing 3 MOTION for Temporary Restraining Order by Allison S. Alessandro (Attachments: #1 Proposed Order Proposed Order)(O'Connor, Brian) |
| Filing 1 VERIFIED COMPLAINT FOR INJUNCTIVE, DECLARATORY RELIEF, AND ATTORNEY FEES ( Filing fee $400; receipt number 0643-4636203), filed by Allison S. Alessandro. (Attachments: #1 Exhibit - Executive Order, #2 Civil Cover Sheet)(CBD) Modified text on 4/2/2020 (CBD). |
| NOTICE OF DEFICIENCY TO Brian O'Connor re #1 Complaint. ***attorney notified clerk the summons should be returned electronically; however, a prepared summons was not attached to the electronic filing of the complaint in the fictitious miscellaneous case number 20-99999. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a document entitled Notice of Filing with the prepared summons as an attachment within 7 calendar days. cc: COR (CBD) |
| Conflict Check run. (CBD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #3 MOTION for Temporary Restraining Order by Allison S. Alessandro (CBD) |
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