Ramsek et al v. Beshear et al

Ramsek et al v. Beshear et al

Plaintiff:	Theodore Joseph Roberts, Tony Wheatley, Frank Harris and Tony Ramsek
Defendant:	Eric Friedlander, Andrew Beshear and Dr. Steven Stack
Amicus Curiae:	Commonwealth of Kentucky
Case Number:	3:2020cv00036
Filed:	May 10, 2020
Court:	US District Court for the Eastern District of Kentucky
Presiding Judge:	Gregory F VanTatenhove
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 2201
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on August 22, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 6, 2020	Filing 51 ORDER: motion #49 is GRANTED. Defendants shall file a responsive pleading to the Complaint within seven (7) days following a final decision by the Sixth Circuit on Defendants appeal of this Courts June 24, 2020 Order granting a preliminary injunction. Signed by Judge Gregory F. VanTatenhove on 7/6/2020.(CBD)cc: COR
July 6, 2020	Filing 50 USCA Case Number 20-5233 Case Manager Bryant Crutcher for #48 Notice of Appeal. (CBD)
July 2, 2020	Filing 49 Proposed Agreed Order for Extension of Responsive Pleading Deadline by Andrew Beshear, Eric Friedlander, Steven Stack. (Payne, Taylor)
July 2, 2020	Filing 48 NOTICE OF APPEAL as to #47 Order by Andrew Beshear, Eric Friedlander, Steven Stack. Filing fee $ 505, receipt number 0643-4712770. (Payne, Taylor)
July 2, 2020	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #49 Proposed Agreed Order for Extension of Responsive Pleading Deadline (CBD)
June 24, 2020	Filing 47 OPINION & ORDER: #6 Motion for Preliminary Injunction will be GRANTED. Signed by Judge Gregory F. Van Tatenhove on 6/24/2020.(SCD)cc: COR
June 22, 2020	Filing 46 MANDATE of USCA as to #23 Notice of Appeal, #31 USCA Order: we VACATE the district court's order determining that plaintiffs lack standing and REMAND for additional findings of fact and conclusions of law. (CBD)
June 18, 2020	***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. VanTatenhove for review: #45 RESPONSE BRIEF, #44 RESPONSE BRIEF (JJ)
June 17, 2020	Filing 45 RESPONSE BRIEF to #38 filed by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley. (Attachments: #1 Affidavit Declaration of Theodore Roberts, #2 Proposed Order Proposed Findings and Order)(Wiest, Christopher)
June 17, 2020	Filing 44 RESPONSE BRIEF to #38 filed by Andrew Beshear, Eric Friedlander, Steven Stack. (Payne, Taylor)
June 15, 2020	Filing 43 DEPOSITION TRANSCRIPT of Steven Stack taken on 6/10/2020 by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley. (Attachments: #1 Exhibit Exhibit 1 - Bio, #2 Exhibit Exhibit 2 - asymptomatic study, #3 Exhibit Exhibit 6 - mask study, #4 Exhibit Exhibit 7 - 3/20/20 order, #5 Exhibit Exhibit 8 -5/22/20 order, #6 Exhibit Exhibit 9 - 5/11/20 order, #7 Exhibit Exhibit 10 - 5/20/20 order, #8 Exhibit Exhibit 11 - 6/3/20 order, #9 Exhibit Exhibit 12 - Capitol photos and GIS measurement, #10 Exhibit Exhibit 13 - 6/8/20 order, #11 Exhibit Exhibit 14 - 6/15/20 sports guidance, #12 Exhibit Exhibit 15 - BLM rally photos)(Wiest, Christopher)
June 9, 2020	Filing 42 AGREED ORDER CONCERNING REMOTE DEPOSITION: The parties desiring to conduct the deposition of Dr. Steven Stack, M.D., remotely through Zoom conference, stipulate and agree, and the Court orders (see order). Signed by Judge Gregory F. Van Tatenhove on 6/9/2020.(SCD)cc: COR
June 9, 2020	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #41 Proposed Agreed Order and stipulation concerning remote deposition between the parties (CBD)
June 8, 2020	Filing 41 Proposed Agreed Order and stipulation concerning remote deposition between the parties by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley. (Wiest, Christopher)
June 4, 2020	Filing 40 MINUTE ENTRY ORDER FOR MOTION HEARING held on 6/4/2020 before Judge Gregory F. Van Tatenhove: The Court having heard argument of counsel, takes the motion under advisement. A separate order shall issue. Signed by Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (CBD)cc: COR
June 4, 2020	Filing 39 ORDER: motion #37 is GRANTED. Defendants shall have up to and including Friday, July 3, 2020, to file their answer or responsive pleading to Plaintiffs complaint. Signed by Judge Gregory F. VanTatenhove on 6/4/2020. (CBD)cc: COR
June 4, 2020	Filing 38 ORDER: 1) #30 Motion for Discovery is GRANTED as consistent with this Order. 2) Plas shall promptly notice Dr. Steven Stack for deposition in regard to the issue of differences between in-person protests and other mass gatherings currently allowed. 3) Deposition must take place on an agreed upon date before or on Thursday June 11, 2020. 4) Deposition of Dr. Stack shall not exceed 2 hours. 5) Parties shall submit supplemental simultaneous briefing w/in 2 days of the receipt of the transcript of such deposition. 6) Plas are required to seek expedited production of the transcript of the deposition of Dr. Stack. Signed by Judge Gregory F. Van Tatenhove on 6/4/2020. (SCD)cc: COR
June 4, 2020	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #37 Proposed Agreed Order by Andrew Beshear, Eric Friedlander, Steven Stack (CBD)
June 4, 2020	NOTICE OF DOCKET MODIFICATION TO Christopher Wiest re #35 RESPONSE BRIEF. Error: a link was not created to the related document #30 Motion. Entry by attorney; Clerk modified the entry to create the link; In the future, create a link to the related document for purpose of appearing on the Judge's motion report. No further action required by counsel. cc: COR (CBD)
June 4, 2020	NOTICE OF DOCKET MODIFICATION TO Taylor Payne re #36 RESPONSE BRIEF. Error: a link was not created to the related document #30 Motion. Entry by attorney; Clerk modified the entry to create the link; In the future, create a link to the related document for purpose of appearing on the Judge's motion report. No further action required by counsel. cc: COR (CBD)
June 3, 2020	Filing 37 Proposed Agreed Order extending time for responsive pleading by Andrew Beshear, Eric Friedlander, Steven Stack. (Payne, Taylor) Modified text on 6/4/2020 (CBD).
June 3, 2020	Filing 36 SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFFS MOTIONS FOR PRELIMINARY INJUNCTION AND EMERGENCY MOTION #30 FOR DISCOVERY filed per #33 , #34 filed by Andrew Beshear, Eric Friedlander, Steven Stack. (Attachments: #1 Exhibit Supreme Court Order)(Payne, Taylor) Modified text on 6/4/2020 (CBD).
June 3, 2020	Filing 35 BRIEF IN ACCORDANCE WITH THE COURTS ORDER OF JUNE 1, 2020 re #30 EMERGENCY MOTION for Discovery filed per #33 , #34 orders from the Court entered at RE#33 and RE#34 filed by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley. (Wiest, Christopher) Modified text on 6/4/2020 (CBD).
June 1, 2020	Filing 34 MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 6/1/2020, before Judge Gregory F. Van Tatenhove: 1) Parties shall file simultaneous briefing on the pending #30 Motion for Discovery, as well as on the importance of the recent USSC decision, by COB on 6/3/2020. 2) Court will issue a separate order setting a subsequent hearing. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (SCD)cc: COR
June 1, 2020	Filing 33 ORDER: 1. Parties are DIRECTED to file simultaneous briefing in regard to the issues raised during this afternoon's status conference by the close of business on Wednesday, June 3, 2020;and 2. An in-court MOTION HEARING set for 6/4/2020 at 10:00 AM in FRANKFORT, Ky. Signed by Judge Gregory F. VanTatenhove on 6/1/2020.(CBD)cc: COR, D
June 1, 2020	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #30 EMERGENCY MOTION for Discovery by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley for deposition of Steven Stack, M.D. (CBD)
May 29, 2020	Filing 32 ORDER: 1) A TELEPHONIC STATUS CONFERENCE shall be held on 6/1/2020 at 4:00 PM. 2) To join the teleconference, parties are DIRECTED to call AT&T Teleconferencing (see order). Signed by Judge Gregory F. VanTatenhove on 5/29/2020.(SCD)cc: COR
May 29, 2020	Filing 31 ORDER of USCA as to #23 Notice of Appeal (6CCA Case No. 20-5542): Vacate the district court's order determining that plas lack standing and REMAND for additional findings of fact and conclusions of law. (Attachments: #1 Cover Letter (No Mandate to Issue))(SCD)
May 29, 2020	Filing 30 EMERGENCY MOTION for Discovery by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley for deposition of Steven Stack, M.D. (Attachments: #1 Exhibit 6th Circuit Order, #2 Proposed Order Proposed Order- Deposition)(Wiest, Christopher)
May 26, 2020	Filing 29 ORDER of USCA as to #23 Notice of Appeal : the protestors' motion for an injunction pending appeal is GRANTED in part. During the pendency of this appeal, the state is enjoined from prohibiting protesters from gathering for drive-in and drive-through protests, provided the protesters practice social distancing and otherwise comply with the Order's regulations on lawful gatherings. (Attachments: #1 Cover Letter)(CBD)
May 23, 2020	Filing 28 TRANSCRIPT of Proceedings: MOTION HEARING for dates of 05/21/2020 before Judge Gregory F. Van Tatenhove, re #23 Notice of Appeal. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: CHRISTOPHER DAVID WIEST. 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 6/18/2020. Redacted Transcript Deadline set for 6/26/2020. Release of Transcript Restriction set for 8/24/2020.
May 22, 2020	Filing 27 ORDER: Plaintiffs' Emergency Motion for Injunction Pending Appeal #24 is DENIED. Signed by Judge Gregory F. VanTatenhove on 5/22/2020. (CBD)cc: COR
May 22, 2020	Filing 26 USCA Case Number 20-5542 Case Manager Jennifer Earl for #23 Notice of Appeal filed by Theodore Joseph Roberts, Tony Wheatley, Frank Harris, Tony Ramsek. (CBD)
May 22, 2020	Filing 25 TRANSCRIPT REQUEST by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley for proceedings held on 5/21/2020 before Judge Judge Van Tatenhove, (Wiest, Christopher)
May 22, 2020	Clerk's Note: #25 Expedited Transcript Request sent to court reporter this date. (CBD)
May 22, 2020	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #24 EMERGENCY MOTION to Stay Case re Appeal of Order #22 (CBD)
May 21, 2020	Filing 24 EMERGENCY MOTION to Stay re #22 Order on Motion for Preliminary Injunction by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley of for Injunction Pending Appeal under FRAP 8 (Attachments: #1 Proposed Order Proposed Order)(Wiest, Christopher)
May 21, 2020	Filing 23 NOTICE OF APPEAL as to #22 Order on Motion for Preliminary Injunction by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley. Filing fee $ 505, receipt number 0643-4676057. (Wiest, Christopher)
May 21, 2020	Filing 22 OPINION & ORDER: Plaintiffs' #6 Emergency Motion for Preliminary Injunction is DENIED. Signed by Judge Gregory F. Van Tatenhove on 5/21/2020. (SCD)cc: COR
May 21, 2020	Filing 21 MINUTE ENTRY ORDER FOR MOTION HEARING held on 5/21/2020, before Judge Gregory F. Van Tatenhove: Court having heard argument of counsel, takes the #6 MOTION for Preliminary Injunction under advisement. A separate order shall issue. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (SCD)cc: COR
May 21, 2020	Motions Taken Under Advisement: #6 MOTION for Preliminary Injunction (SCD)
May 20, 2020	Filing 20 REPLY to #19 , #6 in support of Preliminary Injunction filed by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley. (Wiest, Christopher)
May 20, 2020	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #6 EMERGENCY MOTION for Preliminary Injunction (CBD)
May 19, 2020	Filing 19 RESPONSE in Opposition re #6 EMERGENCY MOTION for Preliminary Injunction by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley EMERGENCY MOTION for Temporary Restraining Order by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley filed by Andrew Beshear, Eric Friedlander, Steven Stack. (Attachments: #1 Exhibit Declaration, #2 Exhibit Report, #3 Exhibit Declaration, #4 Exhibit Order)(Payne, Taylor)
May 19, 2020	Filing 17 ORDER: 1. The Commonwealth of Kentucky's #13 MOTION for Leave to File Amicus Curiae Brief is GRANTED; 2. The amicus brief filed is deemed filed as of the date it was received; and 3. The Clerk is DIRECTED to file the attached amicus brief in the record. Signed by Judge Gregory F. VanTatenhove on 5/19/2020.(JJ)cc: COR
May 19, 2020	Filing 16 SUMMONS Returned Executed by Theodore Joseph Roberts, Tony Ramsek, Tony Wheatley, Frank Harris via Certified mail, RRR to Steven Stack served on 5/12/2020, answer due 6/2/2020. (Wiest, Christopher)
May 19, 2020	Filing 15 SUMMONS Returned Executed by Theodore Joseph Roberts, Tony Ramsek, Tony Wheatley, Frank Harris via Certified mail, RRR to Eric Friedlander served on 5/12/2020, answer due 6/2/2020. (Wiest, Christopher)
May 19, 2020	Filing 14 SUMMONS Returned Executed by Theodore Joseph Roberts, Tony Ramsek, Tony Wheatley, Frank Harris via Certified mail, RRR to Andrew Beshear served on 5/12/2020, answer due 6/2/2020. (Wiest, Christopher)
May 18, 2020	Filing 18 AMICUS CURIAE BRIEF in Support of Plaintff's #6 Emergency Motion for Preliminary Injunction filed by Commonwealth of Kentucky. (JJ) Filed per Order #17 Modified on 5/20/2020 (CBD).
May 18, 2020	Filing 13 MOTION for Leave to File Amicus Curiae Brief by Commonwealth of Kentucky (Attachments: #1 Proposed Order, #2 Amicus Curiae brief)(Silletto, Aaron) Modified text on 5/19/2020 (JJ).
May 15, 2020	Filing 12 NOTICE of Appearance by Steven Travis Mayo on behalf of Andrew Beshear, Eric Friedlander, Steven Stack (Mayo, Steven)
May 15, 2020	Filing 11 NOTICE OF FILING Supplemental Evidence by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley (Attachments: #1 Affidavit Affidavit of Rodney Brewer, #2 Affidavit Declaration of Tony Ramsek, #3 Affidavit Declaration of Theodore Roberts)(Wiest, Christopher) Modified text on 5/18/2020 (JJ).
May 15, 2020	Filing 10 ORDER: 1. Motion for Temporary Restraining Order #6 is DENIED; 2. Defendants are DIRECTED to file a response to the Motion #6 for Preliminary Injunction by 5/19/2020, by close of business day; 3. Plaintiffs are DIRECTED to file a reply to Defendants' response by 5/20/2020, by close of business day; and 4. The parties will submit to ORAL ARGUMENT on 5/21/2020 at 10:00 AM in FRANKFORT, KY. Signed by Judge Gregory F. VanTatenhove on 5/15/2020.(CBD)cc: COR, D
May 15, 2020	***Reopen Document #6 EMERGENCY MOTION for Preliminary Injunction by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley EMERGENCY MOTION for Temporary Restraining Order by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley (CBD)
May 14, 2020	Filing 9 MINUTE ENTRY ORDER FOR TELEPHONIC MOTION CONFERENCE held on 5/14/2020, before Judge Gregory F. Van Tatenhove: 1) Dfts shall have until COB on 5/19/2020 to file any response to the pending Motion for Preliminary Injunction #6 . 2) Pla shall have until COB on 5/20/2020 to file any reply to the Motion for Preliminary Injunction #6 . 3) Court will issue a separate order setting a subsequent hearing on the pending Motion for Preliminary Injunction #6 . 4) Court DENIED the Motion for Temporary Restraining Order #6 for reasons to be set forth in a separate order. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (SCD)cc: COR
May 12, 2020	Filing 8 NOTICE OF FILING of service and notice of hearing on Defense Counsel by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley re #7 Order. (Attachments: #1 Exhibit Email service)(Wiest, Christopher) Modified on 5/13/2020 (SCD).
May 12, 2020	Filing 7 ORDER: 1) A telephonic hearing shall be held 5/14/2020 at 1:30 PM with Judge Gregory F. Van Tatenhove sitting in FRANKFORT in open court. 2) To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing (see order). 3) Plaintiffs' counsel SHALL NOTICE defense counsel of this Order. Signed by Judge Gregory F. Van Tatenhove on 5/12/2020.(SCD)cc: COR
May 12, 2020	Filing 6 EMERGENCY MOTION for Preliminary Injunction by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley , EMERGENCY MOTION for Temporary Restraining Order by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Proposed Order Proposed Order)(Wiest, Christopher)
May 11, 2020	Filing 5 Summons Issued as to Eric Friedlander, Steven Stack; Summons issued and returned to counsel electronically (SCD)
May 11, 2020	Filing 4 NOTICE OF FILING by Frank Harris, Tony Ramsek, Theodore Joseph Roberts, Tony Wheatley (Attachments: #1 Summons Proposed Summons - Friedlander, #2 Summons Proposed Summons - Stack)(Wiest, Christopher)
May 11, 2020	Clerk's Note: Clerk contacted filing attorney regarding summons presented for issuance. Only a summons for Defendant Andrew Beshear was filed with the new case. Counsel was advised to file as an attachment to a Notice of Filing, any process requested for the other defendants. (SCD)
May 10, 2020	Filing 3 Summons Issued as to Andrew Beshear; Summons issued and returned to counsel electronically (SCD)
May 10, 2020	Filing 1 Verified Class Action COMPLAINT for Declaratory and Injunctive Relief for Constitutional Violations filed by Tony Ramsek, Tony Wheatley, Theodore Joseph Roberts, Frank Harris. (Filing fee $400; receipt number 0643-4665720) (Attachments: #1 Exhibit A - Exec Order 2020-215, #2 Exhibit B - Order 3/16/2020, #3 Exhibit C - Order 3/17/2020, #4 Exhibit D - Order 3/19/2020, #5 Exhibit E - Exec Order 2020-246, #6 Exhibit F - Exec Order 2020-257, #7 Civil Cover Sheet, #8 Summons presented for issuance)(SCD)

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Search for this case: Ramsek et al v. Beshear et al
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Defendant: Eric Friedlander
Represented By:	J. Wesley Warden Duke
Represented By:	David Thomas Lovely
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Defendant: Andrew Beshear
Represented By:	Laura Crittenden Tipton
Represented By:	Steven Travis Mayo
Represented By:	Marc Griffin Farris
Represented By:	La Tasha Buckner
Represented By:	Taylor Payne
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Defendant: Dr. Steven Stack
Represented By:	J. Wesley Warden Duke
Represented By:	David Thomas Lovely
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Plaintiff: Theodore Joseph Roberts
Represented By:	Robert A. Winter, Jr.
Represented By:	Christopher David Wiest
Represented By:	Thomas B. Bruns
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Plaintiff: Tony Wheatley
Represented By:	Robert A. Winter, Jr.
Represented By:	Christopher David Wiest
Represented By:	Thomas B. Bruns
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Plaintiff: Frank Harris
Represented By:	Robert A. Winter, Jr.
Represented By:	Christopher David Wiest
Represented By:	Thomas B. Bruns
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Plaintiff: Tony Ramsek
Represented By:	Robert A. Winter, Jr.
Represented By:	Christopher David Wiest
Represented By:	Thomas B. Bruns
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Amicus curiae: Commonwealth of Kentucky
Represented By:	Aaron J. Silletto
Represented By:	Barry L. Dunn
Represented By:	Victor B. Maddox
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