Danville Christian Academy, Inc. et al v. Beshear
| Danville Christian Academy, Inc. and Attorney General Daniel Cameron |
| Andrew Beshear |
| Central Baptist Academy, Mitch Deters, Faith Baptist Academy, Sara Evenson, Pleasantview Baptist School, Pastor Dale Massengale, Wesley Deters, Highlands Latin School, Veritas Christian Academy, Pastor Mark Eaton, Maryville Baptist Church, Micah Christian School, Lee Watts, James Duvall, Pleasantview Baptist Church, Pastor Tom Otto, Cornerstone Christian School, Pastor Jack Roberts, Faith Baptist Church, Central Baptist Church, Tony Wheatley, Nicole Duvall, Mayfield Creek Baptist Church, Austin Evenson, John Miller, Pastor Terry Norris, Mayfield Creek Christian School and Allison Ball |
| Kentucky Christian Academy, Lexington Christian Academy, Foundation Christian Academy, Lexington Latin School, Somerset Christian School, Bourbon Christian Academy, Parents of Religious School Students, Heritage Christian School, Summit Christian Academy and Trinity Christian Academy |
| 3:2020cv00075 |
| November 20, 2020 |
| US District Court for the Eastern District of Kentucky |
| Gregory F VanTatenhove |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 45
ORDER: 1. Plaintiffs' Motion for Extension of Time to Respond to Defendant's Motion to Dismiss or to File an Amended Complaint #43 is GRANTED; and 2. Plaintiffs shall have until February 3, 2021, to file a response to Governor Beshear's motion to dismiss or to file an amended complaint. Signed by Judge Gregory F. VanTatenhove on 1/7/2021.(CBD)cc: COR
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Filing 44
ORDER: It is hereby ORDERED that Danville Christian Academy's Motion for Hiram S. Sasser, III Admission Pro Hac Vice [R. #42 ] is GRANTED. Signed by Judge Gregory F. Van Tatenhove on 1/4/2021. (JJ)cc: COR Modified link on 1/5/2021 (JJ).
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| Filing 43 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss for failure to state a claim by Andrew Beshear by Daniel Cameron, Danville Christian Academy, Inc. , MOTION for Extension of Time to File by Daniel Cameron, Danville Christian Academy, Inc. (Attachments: #1 Proposed Order)(Kuhn, Matthew) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #42 CORRECTED MOTION for Sasser, Hiram to Appear Pro Hac Vice by Danville Christian Academy, Inc. ( Filing fee $125; receipt number 0643-4863524) (JJ) |
| BAR STATUS Check completed as to Hiram S. Sasser, III re #42 CORRECTED MOTION for Sasser, Hiram to Appear Pro Hac Vice by Danville Christian Academy, Inc. ( Filing fee $125; receipt number 0643-4863524). (JJ) |
| Filing 42 CORRECTED MOTION for Sasser, Hiram to Appear Pro Hac Vice by Danville Christian Academy, Inc. ( Filing fee $125; receipt number 0643-4863524) (Attachments: #1 Exhibit ECF Registration, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)(Bilby, Joseph) |
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Filing 41
ORDER: It is hereby ORDERED that Danville Christian Academy's Motion for Hiram Sasser to Appear Pro Hac Vice [R. #40 ] is DENIED without prejudice. Signed by Judge Gregory F. Van Tatenhove on 12/29/2020. (JJ)cc: COR
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| BAR STATUS Check completed as to Hiram S. Sasser, III re #40 MOTION for Hiram Sasser to Appear Pro Hac Vice by Danville Christian Academy, Inc. ( Filing fee $125; receipt number 0643-4859503). (JJ) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #40 MOTION for Hiram Sasser to Appear Pro Hac Vice by Danville Christian Academy, Inc. ( Filing fee $125; receipt number 0643-4859503) (JJ) |
| Filing 40 MOTION for Hiram Sasser to Appear Pro Hac Vice by Danville Christian Academy, Inc. ( Filing fee $125; receipt number 0643-4859503) (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit ECF Registration, #3 Proposed Order Proposed Order)(Bilby, Joseph) |
| Filing 39 MOTION to Dismiss for failure to state a claim by Andrew Beshear (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Mayo, Steven) |
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Filing 38
ORDER of USCA as to #36 Notice of Appeal filed by Andrew Beshear. Motion to stay district court's preliminary injunction pending appeal is GRANTED. (Attachments: #1 6CCA Cover Letter)(JJ) Modified text on 12/28/2020 (JJ).
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| Filing 37 USCA Case Number 20-6341 Case Manager Amy E. Gigliotti for #36 Notice of Appeal filed by Andrew Beshear. (JJ) |
| Filing 36 NOTICE OF APPEAL as to #35 Memorandum Opinion & Order by Andrew Beshear. Filing fee $ 505, receipt number 0643-4837311. (Farris, Marc) Modified text on 11/25/2020 (JJ). |
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Filing 35
OPINION & ORDER: 1. The Emergency Motion for Temporary Restraining Order [R. #3 ], which the Court will treat as a preliminary injunction, is GRANTED; 2. The Governor is ENJOINED from enforcing the prohibition on in-person instruction with respect to any religious private school in Kentucky that adheres to applicable social distancing and hygiene guidelines; and 3. Given the Notice of Withdrawal submitted on 11/24/2020, parties' Motion to Intervene [R. #12 ] and Emergency Motion for Temporary Restraining Order [R. #15 ] are DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove on 11/25/2020.(JJ)cc: COR
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| Filing 34 TRANSCRIPT of Proceedings: MOTION HEARING held on 11/23/2020 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: MARC G. FARRIS and 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 12/21/2020. Redacted Transcript Deadline set for 12/31/2020. Release of Transcript Restriction set for 2/26/2021. |
| Filing 33 AFFIDAVIT of Service for Proof of Service served on Andrew Beshear (via Office of the Attorney General and Amy Cubbage) on November 20, 2020, filed by Daniel Cameron. (Iaccarino, Carmine) |
| Filing 32 NOTICE of withdrawal of their motions for restraining order and to intervene by Central Baptist Academy, Central Baptist Church, Cornerstone Christian School, Mitch Deters, Wesley Deters, James Duvall, Nicole Duvall, Mark Eaton, Austin Evenson, Sara Evenson, 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, Pleasantview Baptist Church, Pleasantview Baptist School, Jack Roberts, Veritas Christian Academy, Lee Watts, Tony Wheatley re #15 EMERGENCY MOTION for Temporary Restraining Order by CENTRAL BAPTIST ACADEMY, CENTRAL BAPTIST CHURCH, CORNERSTONE CHRISTIAN SCHOOL, MITCH DETERS, WESLEY DETERS, FAITH BAPTIST ACADEMY, FAITH BAPTIST CHURCH, HIGHLANDS LATIN SCHOOL, MARYVILLE BAPTIST CHUREMERGENCY MOTION for Preliminary Injunction by CENTRAL BAPTIST ACADEMY, CENTRAL BAPTIST CHURCH, CORNERSTONE CHRISTIAN SCHOOL, MITCH DETERS, WESLEY DETERS, FAITH BAPTIST ACADEMY, FAITH BAPTIST CHURCH, HIGHLANDS LATIN SCHOOL, MARYVILLE BAPTIST CHURCH, D, #12 MOTION to Intervene by PLEASANT VIEW BAPTIST CHURCH, PLEASANT VIEW BAPTIST SCHOOL, VERITAS CHRISTIAN ACADEMY, HIGHLANDS LATIN SCHOOL, MARYVILLE BAPTIST CHURCH, MICAH CHRISTIAN SCHOOL, JACK ROBERTS, DALE MASSENGALE, FAITH BAPTIST CHURCH, FAITH BAPTIST (Wiest, Christopher) Modified text on 11/24/2020 (JJ). |
| Filing 31 TRANSCRIPT REQUEST by Andrew Beshear for proceedings held on November 23, 2020 before Judge Van Tatenhove.. (Farris, Marc) |
| Filing 30 TRANSCRIPT REQUEST by Daniel Cameron for proceedings held on November 23, 2020 before Judge Gregory F. VanTatenhove.. (Iaccarino, Carmine) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #32 Notice of withdrawal of their motions for restraining order and to intervene. (JJ) |
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Filing 29
MINUTE ENTRY ORDER FOR MOTION HEARING held on 11/23/2020 re #3 MOTION for Temporary Restraining Order before Judge Gregory F. VanTatenhove: Counsel present as noted. The Court having heard argument of counsel, the matter shall stand submitted. A separate order shall issue. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR
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Filing 28
ORDER: It is hereby ORDERED that Defendant's Motion for Leave to Exceed the Page Limitations [R. #22 ] is GRANTED. Signed by Judge Gregory F. VanTatenhove on 11/23/2020.(JJ)cc: COR
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| Filing 27 Amicus Curiae BRIEF filed by Parents of Religious School Students. (Attachments: #1 Exhibit A - Parent List)(JJ) |
| Filing 26 Amicus Curiae BRIEF filed by Allison Ball. (Attachments: #1 Exhibit A - Preliminary Report)(JJ) |
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Filing 25
ORDER: It is hereby ORDERED that these motions for leave to file an amici curiae brief [R. #21 ; R. #23 ] are GRANTED. The amici briefs tendered are deemed filed on the date they were received by the Court and the Clerk is directed to file the tendered amici briefs in the record. Signed by Judge Gregory F. VanTatenhove on 11/23/2020.(JJ)cc: COR
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| Filing 24 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order by Daniel Cameron, Danville Christian Academy, Inc. filed by Andrew Beshear. (Attachments: #1 Exhibit Declaration of Dr. Steven Stack, #2 Exhibit Social Media Postings, #3 Exhibit Libertas Classroom Ass'n Sixth Circuit Decision, #4 Exhibit Robinson v. Murphy - Third Circuit Order)(Mayo, Steven) |
| Filing 23 MOTION for Leave to File by Parents of Religious School Students Motion for Leave to File Amicus Curiae Brief (Attachments: #1 Attachment Amicus Curiae Brief, #2 Appendix Amicus Curiae Brief Appendix, #3 Proposed Order Proposed Order)(Morrison, Ryan) |
| Filing 22 MOTION for Leave to File Excess Pages by Andrew Beshear (Attachments: #1 Proposed Order Proposed Order Motion for Leave to Exceed Page Limit)(Mayo, Steven) |
| Filing 21 MOTION for Leave to File by Allison Ball Amicus Brief on Behalf of Kentucky State Treasurer Allison Ball (Attachments: #1 Tendered Amicus Brief, #2 Exhibit A to Amicus Brief, #3 Proposed Order)(Friend, Noah) |
| Filing 20 Amicus Curiae APPEARANCE entered by Noah Robert Friend on behalf of Allison Ball. (Friend, Noah) |
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Filing 18
ORDER: It is hereby ORDERED that the motion for leave to file an amici curiae brief [R. #16 ] is GRANTED. The amici brief tendered by the schools is deemed filed on the date it was received by the Court and the Clerk of the Court is directed to file the tendered amici brief in the record. Signed by Judge Gregory F. Van Tatenhove on 11/23/2020. (JJ)cc: COR
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Filing 17
ORDER: 1. The Defendant's Motion for Admission Pro Hac Vice for Justin E. Butterfield [R. #13 ] is GRANTED; 2. The Defendant's Motion for Admission Pro Hac Vice for David J. Hacker [R. #14 ] is GRANTED; and 3. Justin E. Butterfield and David J. Hacker are admitted pro hac vice as counsel for the Plaintiff Danville Christian Academy in the above styled action. Signed by Judge Gregory F. VanTatenhove on 11/23/2020. (JJ)cc: COR and Justin E. Butterfield and David J. Hacker w/ECF Registration by US Mail
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| NOTICE OF DOCKET MODIFICATION TO Bryan Beauman re #16 MOTION for Leave to File by Bourbon Christian Academy, Foundation Christian Academy, Heritage Christian School, Kentucky Christian Academy, Lexington Christian Academy, Lexington Latin School, Somerset Christian School, Summit Christian Academy, Trinity Christian Academy; Error: attachment was insufficiently described as "Exhibit A." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (JJ) |
| Filing 19 Amicus Curiae BRIEF filed by Bourbon Christian Academy, Foundation Christian Academy, Heritage Christian School, Kentucky Christian Academy, Lexington Christian Academy, Lexington Latin School, Somerset Christian School, Summit Christian Academy, Trinity Christian Academy. (JJ) |
| Filing 16 MOTION for Leave to File by Bourbon Christian Academy, Foundation Christian Academy, Heritage Christian School, Kentucky Christian Academy, Lexington Christian Academy, Lexington Latin School, Somerset Christian School, Summit Christian Academy, Trinity Christian Academy Amicus Brief of Private Religious Schools (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Proposed Order)(Beauman, Bryan) |
| Filing 15 EMERGENCY MOTION for Temporary Restraining Order by CENTRAL BAPTIST ACADEMY, CENTRAL BAPTIST CHURCH, CORNERSTONE CHRISTIAN SCHOOL, MITCH DETERS, WESLEY DETERS, FAITH BAPTIST ACADEMY, FAITH BAPTIST CHURCH, HIGHLANDS LATIN SCHOOL, MARYVILLE BAPTIST CHURCH, DALE MASSENGALE, MICAH CHRISTIAN SCHOOL, JOHN MILLER, TOM OTTO, PLEASANT VIEW BAPTIST CHURCH, PLEASANT VIEW BAPTIST SCHOOL, JACK ROBERTS, VERITAS CHRISTIAN ACADEMY , EMERGENCY MOTION for Preliminary Injunction by CENTRAL BAPTIST ACADEMY, CENTRAL BAPTIST CHURCH, CORNERSTONE CHRISTIAN SCHOOL, MITCH DETERS, WESLEY DETERS, FAITH BAPTIST ACADEMY, FAITH BAPTIST CHURCH, HIGHLANDS LATIN SCHOOL, MARYVILLE BAPTIST CHURCH, DALE MASSENGALE, MICAH CHRISTIAN SCHOOL, JOHN MILLER, TOM OTTO, PLEASANT VIEW BAPTIST CHURCH, PLEASANT VIEW BAPTIST SCHOOL, JACK ROBERTS, VERITAS CHRISTIAN ACADEMY (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Proposed Order Proposed Order)(Wiest, Christopher) |
| Filing 14 MOTION for David J. Hacker to Appear Pro Hac Vice by Danville Christian Academy, Inc. ( Filing fee $125; receipt number 0643-4833854) (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit ECF Registration, #3 Exhibit Court Admissions, #4 Proposed Order)(Bilby, Joseph) |
| Filing 13 MOTION for Justin E. Butterfield to Appear Pro Hac Vice by Danville Christian Academy, Inc. ( Filing fee $125; receipt number 0643-4833852) (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit ECF Registration, #3 Exhibit Court Admissions, #4 Proposed Order)(Bilby, Joseph) |
| Filing 12 MOTION to Intervene by PLEASANT VIEW BAPTIST CHURCH, PLEASANT VIEW BAPTIST SCHOOL, VERITAS CHRISTIAN ACADEMY, HIGHLANDS LATIN SCHOOL, MARYVILLE BAPTIST CHURCH, MICAH CHRISTIAN SCHOOL, JACK ROBERTS, DALE MASSENGALE, FAITH BAPTIST CHURCH, FAITH BAPTIST ACADEMY, TOM OTTO, WESLEY DETERS, MITCH DETERS, CENTRAL BAPTIST CHURCH, CENTRAL BAPTIST ACADEMY, CORNERSTONE CHRISTIAN SCHOOL, JOHN MILLER, AUSTIN EVENSON, SARA EVENSON, NICOLE DUVALL, JAMES DUVALL, LEE WATTS, Tony Wheatley (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Proposed Order Proposed Order, #3 Exhibit Proposed Intervening Complaint)(Wiest, Christopher) |
| Filing 11 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Joseph A. Bilby. #1 Complaint,, #3 MOTION for Temporary Restraining Order by Daniel Cameron, Danville Christian Academy, Inc. has been filed by Danville Chrisitian Academy, Inc. 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 (JJ) |
| Filing 10 NOTICE of Appearance by Steven Travis Mayo on behalf of Andrew Beshear (Mayo, Steven) |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Danville Christian Academy, Inc.. (Bilby, Joseph) |
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Filing 8
ORDER: 1. A MOTION HEARING on the Plaintiff's TRO motion #3 11/23/2020 at 02:00 PM in LEXINGTON, KY; the hour of 2:00 p.m. in Lexington, Kentucky; 2. Plaintiff's Motion for Leave to File an Over-length Brief #2 is granted; and 3. Upon receipt of this Order, Plaintiffs counsel SHALL NOTICE Defense counsel of this Order along with the Complaint #1 , copy of Emergency Motion for TRO #3 , and the Summons #4 . Signed by Judge Gregory F. Van Tatenhove on 11/20/2020.(CBD)cc: COR, Lex D, SW
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| Filing 7 NOTICE OF APPEARANCE by Andrew Beshear. (Farris, Marc) |
| Filing 6 NOTICE of Appearance by Amy Denise Cubbage on behalf of Andrew Beshear (Cubbage, Amy) |
| Filing 4 Summons Issued as to Andrew Beshear; Summons issued and returned to counsel electronically (CBD) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order by Daniel Cameron, Danville Christian Academy, Inc. (Attachments: #1 Proposed Order)(CBD) |
| Filing 2 MOTION for Leave to File Excess Pages re #3 Motion for TRO by Daniel Cameron, Danville Christian Academy, Inc. (CBD) |
| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4833699), filed by Danville Christian Academy, Inc., Daniel Cameron. (Attachments: #1 Exhibit 1 - Executive Order 2020-969, #2 Exhibit 2 - Executive Order 2020-968, #3 Exhibit 3 - Ms. Cubbage email, #4 Exhibit 4 - Kentucky Department of Education email, #5 Exhibit 5 - Danville Christian's Reopening FAQ, #6 Exhibit 6 - Healthy at Work requirements, #7 Exhibit 7 - Danville Christian's Articles of Incorporation, #8 Civil Cover Sheet, #9 Summons)(CBD) |
| Conflict Check run. (CBD) |
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