Schweder et al v. Beshear et al
| Joshua Nichols, Charles W. (Jeep) Burton, Wesley Anglin, Kenneth L. Kearns, II, Robin Harbolt, Larry Nichols, Maggie Anglin, Frank Anglin and Matt Schweder |
| Andrew Graham Beshear, Eric C. Friedlander, Steven J. Stack and Jane and John Does |
| Eric M. Friedlander |
| 3:2021cv00019 |
| April 28, 2021 |
| 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 November 4, 2021. A more recent docket listing may be available from PACER.
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Filing 29
NOTICE OF FILING by Matt Schweder Ky Supreme Court Order ending "emergency" and dissolving the injunction against state law (Attachments: #1 Attachment Supreme Court Order)(Hamilton, Michael)
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Filing 28
MOTION to Strike #26 Notice, by Matt Schweder et al (Attachments: #1 Proposed Order Granting Motion to Strike)(Hamilton, Michael)
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Filing 27
TRANSCRIPT of Proceedings: MOTION HEARING held on 07/23/2021 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: MARC G. FARRIS. 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 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021.
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Filing 26
NOTICE of Additional Facts and Response to Plaintiff's Supplemental Notice [R. #24 ] by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack (Attachments: #1 Exhibit A - Executive Order 2021-585, #2 Exhibit B - 902 KAR 2:213E, #3 Exhibit C - 702 KAR 1:195E)(Farris, Marc) Modified text on 8/13/2021 (JJ).
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Clerk's Note re #25 Transcript Request: Clerk forwarded request to the Court Reporter and SKV. (JJ)
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Filing 25
TRANSCRIPT REQUEST by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack for proceedings held on July 23, 2021 before Judge Van Tatenhove.. (Farris, Marc)
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Filing 24
NOTICE by Matt Schweder re Motion Submitted Plaintiffs' Supplemental Notice (Attachments: #1 Exhibit EO Mandating Masks for all School Children K-12)(Hamilton, Michael)
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Filing 23
TRANSCRIPT REQUEST for Entire Hearing by Matt Schweder for proceedings held on July 23, 2021 before Judge Judge Vantatenhove.. (Hamilton, Michael)
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Clerk's Note re #23 Transcript Request: Clerk forwarded request for transcription to the Court Reporter and SKV. (JJ)
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Filing 22
MINUTE ENTRY ORDER FOR MOTION HEARING held on 7/23/2021 re #14 MOTION for Preliminary Injunction before Judge Gregory F. Van Tatenhove: The Court having heard counsel and being duly advised, hereby ORDERS that the motions are TAKEN UNDER ADVISEMENT. An order outlining the Court's specific rulings is forthcoming. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR
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Filing 21
AMENDED DOCUMENT by Matt Schweder. Exhibit D Corrected New ICD Code. (Hamilton, Michael)
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Filing 20
AMENDED DOCUMENT by Matt Schweder. Amendment to #19 Reply to Response to Motion, Merritt Exh C corrected. (Hamilton, Michael)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #14 MOTION for Preliminary Injunction (JJ)
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Motions Taken Under Advisement: #14 MOTION for Preliminary Injunction (JJ)
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NOTICE OF MANDATORY ECF DIRECTED TO Thomas Renz: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #18 Order. 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, Thomas Renz by US Mail (JJ)
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Filing 19
REPLY to Response to Motion re #14 MOTION for Preliminary Injunction MOTION for Partial Summary Judgment filed by Matt Schweder. (Attachments: #1 Alabama Pleading, #2 McCullough, #3 Merritt, #4 Death Code)(Hamilton, Michael)
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Filing 18
ORDER: 1. Plaintiffs' Motion [R. #17 ] is GRANTED; 2. Plaintiffs' witnesses SHALL be permitted to appear by videoconference; and 3. Plaintiffs SHALL arrange with I.T. to have their witnesses available for a videoconference appearance NLT 10 a.m. on 7/23/2021. Signed by Judge Gregory F. Van Tatenhove on 7/22/2021. (JJ)cc: COR
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Filing 17
MOTION for Order by Matt Schweder Requesting leave to permit Remote Testimony (Attachments: #1 Proposed Order granting motion for Remote Testimony)(Hamilton, Michael)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #17 MOTION for Order by Matt Schweder Requesting leave to permit Remote Testimony (JJ)
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***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: #16 Response in Opposition to Motion. (MJY)
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Filing 16
RESPONSE in Opposition re #14 MOTION for Preliminary Injunction MOTION for Partial Summary Judgment filed by Andrew Graham Beshear, Andrew Graham Beshear, Eric M. Friedlander, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack. (Cubbage, Amy)
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Filing 15
ORDER: 1. Plaintiffs' Motion for a Temporary Restraining Order [R. #14 ] is CONSTRUED as a motion for a preliminary injunction; 2. Defendants SHALL have up to and including 7/16/2021 to file a response to the preliminary injunction motion; 3. Plaintiffs SHALL have up to and including 7/22/2021 in order to file a reply; and 4. A MOTION HEARING is SET for 7/23/2021 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove on 7/9/2021. (JJ)cc: COR,Fkt
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NOTICE OF DOCKET MODIFICATION TO Michael Hamilton re #14 MOTION for Temporary Restraining Order by Matt Schweder and Motion for Partial Summary Judgment MOTION for Partial Summary Judgment; Error 1: Exhibits were filed together with the motion instead of as separate attachments. Entry by attorney; Clerk added the exhibits as separate attachments. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel as to Error 1. Error 2: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel as to Error 2. cc: COR (JJ)
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Filing 14
MOTION for Temporary Restraining Order by Matt Schweder and Motion for Partial Summary Judgment (Attachments: #1 Proposed Order Granting Motion for TRO, #2 Proposed Order Granting Motion for PSJ)(Hamilton, Michael). Added MOTION for Partial Summary Judgment on 7/7/2021 (JJ). (Additional attachment(s) added on 7/7/2021: #3 Exhibit A - Executive Order, #4 Exhibit B - Judgment and Order) (JJ). Modified on 7/12/2021 (JJ).
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #8 MOTION to Dismiss for failure to state a claim by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack MOTION to Dismiss for Lack of Jurisdiction by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack (JJ)
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Filing 13
REPLY to Response to Motion re #8 MOTION to Dismiss for failure to state a claim by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack MOTION to Dismiss for Lack of Jurisdiction by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack filed by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack. (Farris, Marc)
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Filing 12
RESPONSE in Opposition re #8 MOTION to Dismiss for failure to state a claim by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack MOTION to Dismiss for Lack of Jurisdiction by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack filed by Matt Schweder. (Hamilton, Michael)
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Filing 11
ORDER: 1) Mr. Renz's Motion for Admission Pro Hac Vice [R. #9 ] is GRANTED; and 2) Attorney Thomas Renz is admitted pro hac vice as counsel for Plaintiffs in the present action. Signed by Judge Gregory F. Van Tatenhove on 6/7/2021. (JJ)cc: COR and Thomas Renz w/ECF Registration Form by US Mail
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Filing 10
PROPOSED ORDER Submitted re #9 MOTION for Thomas Renz to Appear Pro Hac Vice by Matt Schweder by Matt Schweder (Hamilton, Michael) Modified text on 5/31/2021 (CBD).
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NOTICE OF DOCKET MODIFICATION TO Michael Hamilton re #10 MOTION. *** Error: the proposed order was incorrectly filed as a separate entry using the event motion." Entry by attorney; Clerk modified the docket text to state "PROPOSED ORDER;" clerk attached the proposed order to the Motion ; In the future, file the proposed order as an attachment to the motion instead of making a separate entry. No further action required by counsel. cc: COR (CBD)
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BAR STATUS Check completed as to Thomas Renz. (CBD)
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***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #9 MOTION for Thomas Renz to Appear Pro Hac Vice by Matt Schweder (CBD)
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Filing 9
MOTION for Thomas Renz to Appear Pro Hac Vice by Matt Schweder ( Filing fee $125; receipt number 0643-4982572) (Attachments: #1 Attachment Certificate of Good Standing)(Hamilton, Michael) (Additional attachment(s) added on 5/31/2021: #2 Proposed Order) (CBD).
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Filing 8
MOTION to Dismiss for failure to state a claim by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack , MOTION to Dismiss for Lack of Jurisdiction by Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Farris, Marc)
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Filing 7
NOTICE re #6 Summons Issued by Eric M. Friedlander advising Summons was mailed to an incorrect address by Plaintiff counsel. (Attachments: #1 Summons Issued to Eric C. Friedlander)(JJ)
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Filing 6
Summons Issued as to Andrew Graham Beshear, Eric C. Friedlander, Steven J. Stack; Summons issued and returned to counsel electronically (Attachments: #1 Summons Eric C. Friedlander, #2 Summons Steven Stack)(JJ)
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Filing 5
NOTICE OF FILING by Matt Schweder Schweder, Matt; et al (Attachments: #1 Summons, #2 Summons)(Hamilton, Michael)
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Filing 4
NOTICE TO ATTORNEY Thomas Renz by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (JJ)
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Filing 3
Summons Issued as to Andrew Graham Beshear, Andrew Graham Beshear, Eric C. Friedlander, Eric C. Friedlander, Steven J. Stack, Steven J. Stack; Summons issued and returned to counsel electronically (Attachments: #1 Summons Steven J. Stack, #2 Summons Eric C. Friedlander)(JJ)
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Filing 1
COMPLAINT ( Filing fee $402; receipt number 0643-4959083), filed by Frank Anglin, Kenneth L. Kearns, II, Joshua Nichols, Robin Harbolt, Matt Schweder, Maggie Anglin, Jane and John Does, Matt Schweder, Wesley Anglin, Robin Harbolt, Charles W. (Jeep) Burton, Larry Nichols. (Attachments: #1 Civil Cover Sheet, #2 Summons Andrew Beshear, #3 Summons Steven Stack, #4 Summons Eric Friedlander)(JJ)
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Conflict Check run. (JJ)
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