Tabernacle Baptist Church, Inc. of Nicholasville, Kentucky v. Beshear et al
| Tabernacle Baptist Church Inc of Nicholasville Kentucky |
| Eric Friedlander and Andrew Beshear |
| Daniel Cameron |
| 3:2020cv00033 |
| May 6, 2020 |
| US District Court for the Eastern District of Kentucky |
| Gregory F VanTatenhove |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.
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Filing 44
TRANSCRIPT of Proceedings: MOTION HEARING held on 05/08/2020 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 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020.
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Filing 43
TRANSCRIPT REQUEST by Daniel Cameron for proceedings held on May 8, 2020 before Judge Judge Gregory F. Van Tatenhove.. (Iaccarino, Carmine)
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Clerk's Note: #43 Transcript Request forwarded to Court Reporter this date. (CBD)
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Filing 42
ORDER: It is hereby ORDERED that Plaintiff's #38 Motion to Dismiss is GRANTED. Intervening Plaintiff's #39 Motion to Dismiss is GRANTED. All claims in this matter by Plaintiff Tabernacle and Intervening Plaintiff against Defendants shall be, and hereby are DISMISSED WITHOUT PREJUDICE with each party to bear its own costs and attorney's fees. Signed by Judge Gregory F. VanTatenhove on 5/18/2020.(JJ)cc: COR
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Filing 41
ORDER: Defendant Governor Beshear's Motion to Modify TRO #34 is DENIED. Signed by Judge Gregory F. VanTatenhove on 5/15/2020. (CBD)cc: COR
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Filing 40
ORDER: 1) #35 Motion to Appear Pro Hac Vice is GRANTED. 2) Hiram S. Sasser III is admitted PHV as COR for Pla. Signed by Judge Gregory F. Van Tatenhove on 5/15/2020. (SCD)cc: COR and Hiram S. Sasser, III by US Mail w ECF Registration Form Modified on 5/15/2020 (SCD).
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| Filing 39 MOTION to Dismiss by Daniel Cameron (Attachments: #1 Proposed Order granting motion to dismiss under Rule 41(a)(2))(Iaccarino, Carmine) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #38 MOTION to Dismiss by Tabernacle Baptist Church Inc of Nicholasville Kentucky (SCD) |
| Filing 38 MOTION to Dismiss by Tabernacle Baptist Church Inc of Nicholasville Kentucky (Attachments: #1 Proposed Order)(Bilby, Joseph) |
| Filing 37 NOTICE OF FILING of Supplemental Authority re #34 MOTION for Order to Modify TRO by Andrew Beshear, Eric Friedlander (Attachments: #1 Exhibit A - Combined CDC MMWR Report, May 12, 2020)(Mayo, Steven) Modified on 5/13/2020 (SCD). |
| Filing 36 TRANSCRIPT of Proceedings: TELEPHONIC SCHEDULING CONFERENCE held on 05/11/2020 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: STEVEN TRAVIS MAYO. 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 6/8/2020. Redacted Transcript Deadline set for 6/18/2020. Release of Transcript Restriction set for 8/14/2020. |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #35 MOTION for Hiram Sasser to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (SCD) |
| BAR STATUS Check completed as to Hiram S. Sasser, III re #35 MOTION for Hiram Sasser to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (SCD) |
| Filing 35 MOTION for Hiram Sasser to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky ( Filing fee $125; receipt number 0643-4667694) (Attachments: #1 Exhibit ECF Training Registration, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Bilby, Joseph) |
| Filing 34 MOTION for Order to Modify TRO by Andrew Beshear, Eric Friedlander (Attachments: #1 Exhibit A - Declaration of Rev. Kent Gilbert, #2 Exhibit B - Declaration of Rev. Donald K. Gillett, II, #3 Exhibit C - Declaration of Steven J. Stack, #4 Proposed Order - Motion to Modify TRO)(Mayo, Steven) Modified on 5/13/2020 (SCD). |
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Filing 33
ORDER: It is ordered that the Pla and Intervening Pla SHALL SHOW CAUSE by COB on 5/15/2020 why this action should not be dismissed as moot. Signed by Judge Gregory F. VanTatenhove on 5/11/2020.(SCD)cc: COR
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| Filing 32 TRANSCRIPT REQUEST for Telephonic Conference on 5/11/2020 by Andrew Beshear. (Mayo, Steven) Modified on 5/11/2020 (SCD). |
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Filing 31
MINUTE ENTRY ORDER FOR TELEPHONIC SCHEDULING CONFERENCE held on 5/11/2020, before Judge Gregory F. Van Tatenhove: The Court having heard discussion of counsel shall issue a separate scheduling order. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (SCD)cc: COR
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Filing 30
ORDER: 1) #22 Motion to Appear Pro Hac Vice is GRANTED. 2) Andrew Miller is admitted PHV for Pla. Signed by Judge Gregory F. VanTatenhove on 5/11/2020. (SCD)cc: CORand Andrew Miller by US Mail w ECF Registration Form
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Filing 29
ORDER: 1) #21 Motion to Appear Pro Hac Vice is GRANTED. 2) Kevin Gallagher is admitted PHV for Pla. Signed by Judge Gregory F. VanTatenhove on 5/11/2020. (SCD)cc: CORand Kevin Gallagher by US Mail w ECF Registration Form
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Filing 28
ORDER: 1) #20 Motion to Appear Pro Hac Vice is GRANTED. 2) Matthew T. Martens is admitted PHV for Pla. Signed by Judge Gregory F. Van Tatenhove on 5/11/2020. (SCD)cc: CORand Matthew T. Martens by US Mail w ECF Registration Form
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| BAR STATUS Check completed as to Matthew T. Martens re #20 FIRST MOTION for Matthew Martens to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (SCD) |
| BAR STATUS Check completed as to Kevin Gallagher re #21 MOTION for Kevin Gallagher to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (SCD) |
| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re #24 Opinion & Order; Error: The incorrect time for the telephonic scheduling conference was listed within the docket text; Entry by docket clerk; Correction: Clerk has corrected the entry to reflect the telephonic scheduling conference will take place at 11:00 AM; No action needed by counsel cc: COR (SCD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #20 FIRST MOTION for Matthew Martens to Appear Pro Hac Vice, #21 MOTION for Kevin Gallagher to Appear Pro Hac Vice, and, #22 MOTION for Andrew Miller to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky (SCD) |
| Reset Hearings: TELEPHONE CONFERENCE set for 5/11/2020 at 11:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove. (SCD) |
| Clerk's Note re #32 Transcript Request: The request was forwarded this date to the court reporter. (SCD) |
| BAR STATUS Check completed as to Andrew Miller re #22 MOTION for Andrew Miller to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (SCD) |
| Filing 25 NOTICE OF FILING of Supplemental Authority by Andrew Beshear, Eric Friedlander (Attachments: #1 Exhibit A - 5-9-2020 CHFS Order)(Mayo, Steven) Modified on 5/11/2020 (SCD). |
| Filing 27 Verified Intervenor COMPLAINT for Declaration of Rights and Injunctive Relief filed by Daniel Cameron. (Filed pursuant to #26 Minute Entry)(SCD) |
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Filing 26
MINUTE ENTRY ORDER FOR MOTION HEARING held on 5/8/2020 before Judge Gregory F. Van Tatenhove: 1) #11 Motion to Intervene is GRANTED. Proposed intervening complaint shall be filed in the record. 2) COR for Dft Andrew Beshear shall provide via email all briefing filed in any District Court and 6CCA promptly after the close of this hearing. 3) #3 and #13 Motions for Temporary Restraining Order are taken under advisement. 4) Separate order shall issue. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (SCD)cc: COR
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Filing 24
OPINION & ORDER: 1. The Motions for Temporary Restraining Order (R. #3 ; R. #13 ) are GRANTED; 2. Defendants are ENJOINED from enforcing the prohibition on mass gatherings with respect to any in-person religious service which adheres to applicable social distancing and hygiene guidelines; 3. Intervening Plaintiff Attorney General Daniel Cameron's Motion for Emergency Hearing #13 is DENIED AS MOOT; 4. A TELEPHONE CONFERENCE set for 5/11/2020 at 11:00 AM with Judge Van Tatenhove sitting in Frankfort, Kentucky; and 5. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing (See Order for details). Signed by Judge Gregory F. VanTatenhove on 5/8/2020.(CBD)cc: COR Modified on 5/11/2020 (SCD).
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| Filing 23 NOTICE OF FILING of Supplemental Fact Development by Andrew Beshear, Eric Friedlander (Attachments: #1 Exhibit A - Places of Worship)(Mayo, Steven) Modified on 5/11/2020 (SCD). |
| Filing 22 MOTION for Andrew Miller to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky ( Filing fee $125; receipt number 0643-4665634) (Attachments: #1 Exhibit ECF Training Registration, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)(Bilby, Joseph) |
| Filing 21 MOTION for Kevin Gallagher to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky ( Filing fee $125; receipt number 0643-4665632) (Attachments: #1 Exhibit ECF Training Registration, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)(Bilby, Joseph) |
| Filing 20 FIRST MOTION for Matthew Martens to Appear Pro Hac Vice by Tabernacle Baptist Church Inc of Nicholasville Kentucky ( Filing fee $125; receipt number 0643-4665589) (Attachments: #1 Exhibit ECF Training Registration, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed ORder)(Bilby, Joseph) |
| Filing 19 NOTICE OF FILING Affidavit by Daniel Cameron (Attachments: #1 Affidavit of John L. Hughes)(Dunn, Barry) Modified on 5/11/2020 (SCD). |
| Filing 18 NOTICE OF APPEARANCE by Andrew Beshear, Eric Friedlander. (Lovely, David) |
| Filing 17 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT re #16 Order: Error: INCORRECT document attached to docket entry by docket clerk; Correct document attached to this entry and at DE #16 . cc: COR (SCD) |
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Filing 16
ORDER: 1) #3 Motion for Hearing is GRANTED. 2) A TELEPHONIC MOTION HEARING shall be held on 5/8/2020 at 3:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove in open court. 3) To join the teleconference, parties are DIRECTED to call AT&T Teleconferencing. 4) Pla counsel SHALL NOTICE defense counsel of this Order. Signed by Judge Gregory F. Van Tatenhove on 5/7/2020.(SCD)cc: COR (Main Document 16 replaced on 5/7/2020) (SCD).
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| Filing 15 Notice of Filing Service of Summons by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (Attachments: #1 Exhibit A - Proof of Service Affidavit - Beshear, #2 Exhibit B - Proof of Service Affidavit - Friedlander, #3 Exhibit C - Email to Latasha Buckner)(Bilby, Joseph) Modified on 5/8/2020 (SCD). |
| Filing 14 INITIAL FRCP 7.1 DISCLOSURE STATEMENT by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (Bilby, Joseph) |
| Filing 13 MOTION for Temporary Restraining Order and MOTION for Emergency Hearing by Daniel Cameron (Attachments: #1 Proposed Order)(Dunn, Barry). Added MOTION for Hearing on 5/7/2020 (SCD). |
| Filing 12 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Joseph A. Bilby. #1 Complaint has been filed by Tabernacle Baptist Church Inc of Nicholasville Kentucky without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (SCD) |
| Filing 11 MOTION to Intervene by Daniel Cameron. (Attachments: #1 Exhibit A - March 19 Order, #2 Exhibit B - March 25 Order, #3 Exhibit C - Proposed Intervening Complaint, #4 Proposed Order Granting Intervention)(Dunn, Barry) Modified on 5/6/2020 (SCD). |
| Filing 10 NOTICE TO ATTORNEY Roger Byron by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Admission Check)(SCD) |
| Filing 9 NOTICE TO ATTORNEY Matthew T. Martens by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Admission Check)(SCD) |
| Filing 8 NOTICE TO ATTORNEY Kevin Gallagher by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Admission Check)(SCD) |
| Filing 7 NOTICE TO ATTORNEY Hiram S. Sasser, III by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Admission Check)(SCD) |
| Filing 6 NOTICE TO ATTORNEY Andrew Miller by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Admission Check)(SCD) |
| Filing 5 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT re #3 MOTION for Temporary Restraining Order and MOTION for Emergency Hearing: Error: INCORRECT documents attached to docket entry by docket clerk; Correct documents attached to this entry and also at DE #3 . cc: COR (Attachments: #1 Exhibit, #2 Exhibit)(SCD) |
| Filing 3 MOTION for Temporary Restraining Order and MOTION for Emergency Hearing by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (Attachments: #1 Memorandum in Support, #2 Affidavit of Lonnie Moore, #3 INCORRECT Exhibit - Orders, #4 Proposed Order)(SCD) Modified on 5/6/2020 (SCD). (Additional attachment(s) added on 5/6/2020: #5 Exhibit - Order Dated 3.25.2020, #6 Exhibit - Order dated 3.6.2020, #7 Exhibit - Order dated 3.19.2020) (SCD). |
| Filing 2 Summons Issued as to Andrew Beshear, Eric Friedlander; Summons issued and returned to counsel via pick-up from Office of Clerk. (SCD) |
| Filing 1 COMPLAINT filed by Tabernacle Baptist Church Inc of Nicholasville Kentucky. (Filing fee $400; receipt number 3002233) (Attachments: #1 Civil Cover Sheet, #2 Receipt No. 3002233)(SCD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #3 MOTION for Temporary Restraining Order and MOTION for Emergency Hearing by Tabernacle Baptist Church Inc of Nicholasville Kentucky (SCD) |
| NOTICE OF MANDATORY ECF DIRECTED TO Joseph A. Bilby: Court records indicate you are a registered ECF Filing User and filed a paper document, which is in violation of the Federal Rules of Civil Procedure. The document has been filed and entered on the docket. The referenced document is: #1 Complaint. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Joseph A. Bilby (SCD) |
| Conflict Check run. (SCD) |
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