Yaden's Auto Sales, Inc. et al v. Kentucky Transportation Cabinet, Motor Vehicle Commission et al
| Yaden's Auto Sales, Inc., Richard C. Yaden, Michelle Yaden, Richard Andrew Yaden and Jon Ross Yaden |
| Kentucky Transportation Cabinet, Motor Vehicle Commission, Carlos R. Cassady, Doug Dotson, Chuck Coldiron, Del Farmer, Ron Jackson, Mark Pogue, Raymond H. Cottrell, Jr., Stephen Gates, John Daunhauer, Dennis Ashford, Tim Short and Claude Buddy Allen Berry, IV |
| 3:2023cv00046 |
| July 7, 2023 |
| 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 August 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 REPLY to in Support of Motion #11 to Dismiss filed by Kentucky Transportation Cabinet, Motor Vehicle Commission. (Womack, James) Modified link on 8/15/2023 (CBD). |
| NOTICE OF DOCKET MODIFICATION TO James Womack re #16 REPLY. *** Error: a link was created to the Response instead of the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion #11 , thereby placing the reply on the Judges motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (CBD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #11 MOTION to Dismiss (CBD) |
| Filing 15 RESPONSE to Motion re #11 MOTION to Dismiss for failure to state a claim by Kentucky Transportation Cabinet, Motor Vehicle Commission filed by Jon Ross Yaden, Michelle Yaden, Richard C. Yaden, Yaden's Auto Sales, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Citation)(Lawson, Philip) |
| Clerk's Note re 14 Conventional Filing: Chambers returned 14 Conventional Filing to the Clerk's Office. (JJ) |
| Clerk's Note: 14 Conventional Filing checked out to chambers. (CBD) |
| Filing 14 CONVENTIONAL FILING received on behalf of Defendants. Exhibit A (1 Thumb Drive) to #11 MOTION to Dismiss for failure to state a claim . (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (CBD) |
| Filing 13 NOTICE OF FILING by Kentucky Transportation Cabinet, Motor Vehicle Commission re #11 MOTION to Dismiss for failure to state a claim by Kentucky Transportation Cabinet, Motor Vehicle Commission (Attachments: #1 Proposed Order)(Womack, James) |
| Filing 12 NOTICE by Kentucky Transportation Cabinet, Motor Vehicle Commission re #11 MOTION to Dismiss for failure to state a claim by Kentucky Transportation Cabinet, Motor Vehicle Commission Notice of Conventional Filing (Womack, James) |
| Filing 11 MOTION to Dismiss for failure to state a claim by Kentucky Transportation Cabinet, Motor Vehicle Commission (Attachments: #1 Memorandum in Support)(Womack, James) (Additional attachment(s) added on 7/25/2023: #2 Exhibit A - Notice of Conventional Filing, #3 Exhibit B - Affidavit of Carlos R. Cassady, #4 Exhibit C - Notice of Hearing, #5 Exhibit D - Notice of Continuance, #6 Exhibit E - Motion for Hearing, #7 Exhibit F - Notice of Continuance, #8 Exhibit G - Witness/Exhibit List) (JJ). (Additional attachment(s) added on 7/27/2023: #9 Proposed Order) (CBD). |
| NOTICE OF DEFICIENCY RE: DOCUMENT CONVERSION REQUIREMENT AND NOTICE OF DOCKET MODIFICATION TO James Womack re #11 MOTION to Dismiss for failure to state a claim by Kentucky Transportation Cabinet, Motor Vehicle Commission ; Error 1: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel as to error 1. Error 2 Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel as to error 2. Error 3: 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 3. Error 4: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (JJ) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Yaden's Auto Sales, Inc., Richard C. Yaden, Jon Ross Yaden, Michelle Yaden. All Defendants. (Lawson, Philip) |
| Attorney Update. Attorney Joshua Lewis Ellis for Dennis Ashford,Joshua Lewis Ellis for Claude Buddy Allen Berry, IV,Joshua Lewis Ellis for Carlos R. Cassady,Joshua Lewis Ellis for Chuck Coldiron,Joshua Lewis Ellis for Raymond H. Cottrell, Jr,Joshua Lewis Ellis for John Daunhauer,Joshua Lewis Ellis for Doug Dotson,Joshua Lewis Ellis for Del Farmer,Joshua Lewis Ellis for Stephen Gates,Joshua Lewis Ellis for Ron Jackson,Joshua Lewis Ellis for Kentucky Transportation Cabinet, Motor Vehicle Commission,Joshua Lewis Ellis for Mark Pogue,Joshua Lewis Ellis for Tim Short added. (CBD) |
Filing 9
ORDER : 1. Briefing on the Plaintiffs' motion for preliminary injunction is STAYED pending further order of the Court; 2. The Defendants shall have 14 days from the date of this Order to file a motion to dismiss; 3. The Plaintiffs shall have 14 days from the date of the Defendants motion to respond; and 4. The Defendants shall have 7 days from the date of the Plaintiffs response to reply. Signed by Judge Gregory F. Van Tatenhove on 7/12/2023.(CBD)cc: COR. Regenerated to counsel dfts on 7/14/2023 (CBD).
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Filing 8
MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 7/12/2023 before Judge Gregory F. Van Tatenhove: Parties appeared as noted; parties agreed to fully brief this matter; Scheduling Order outlining the Courts specific briefing instructions shall be entered. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR. Regenerated to counsel dfts on 7/14/2023 (CBD).
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Filing 7
ORDER: 1. Plaintiffs' Emergency Motion for Temporary Restraining Order andPreliminary Injunction [R. #4 ] is DENIED to the extent that it seeks atemporary restraining order; 2. Plaintiffs' motion [R. #4 ] remains pending to the extent it seeks a preliminary injunction; 3. TELEPHONIC STATUS CONFERENCE set for 7/12/2023 at 2:00 PM in FRANKFORT before Judge Gregory F. Van Tatenhove; 4. Plaintiffs are DIRECTED to notify the Defendants about the July 12 scheduling conference; and 5. To join the teleconference, the parties are DIRECTED to call CMS Teleconferencing and enter Meeting ID (followed by #). Parties may also join the conference from a computer, mobile phone, or tablet by copying the provided link into a web browser. Signed by Judge Gregory F. Van Tatenhove on 7/10/2023.(JJ)cc: COR,Fkt
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| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Jon Ross Yaden, Michelle Yaden, Richard C. Yaden, Yaden's Auto Sales, Inc.. (Lawson, Philip) |
| Filing 5 NOTICE by Jon Ross Yaden, Michelle Yaden, Richard C. Yaden, Yaden's Auto Sales, Inc. re #1 Complaint, #4 EMERGENCY MOTION for Preliminary Injunction by Jon Ross Yaden, Michelle Yaden, Richard C. Yaden, Yaden's Auto Sales, Inc. EMERGENCY MOTION for Temporary Restraining Order by Jon Ross Yaden, Michelle Yaden, Richard C. Yaden, Yaden's Auto Sales, Inc. Notice of Service (Lawson, Philip) |
| Filing 4 EMERGENCY MOTION for Preliminary Injunction by Jon Ross Yaden, Michelle Yaden, Richard C. Yaden, Yaden's Auto Sales, Inc. , EMERGENCY MOTION for Temporary Restraining Order by Jon Ross Yaden, Michelle Yaden, Richard C. Yaden, Yaden's Auto Sales, Inc. (Attachments: #1 Exhibit Exhibit 1 - Citation, #2 Exhibit Exhibit 2 - Denial Letter, #3 Exhibit Exhibit 3 - Notice of Hearing, #4 Proposed Order)(Lawson, Philip) |
| Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Philip C. Lawson. #1 Complaint, has been filed by Yaden's Auto Sales, 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 1 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (NO PROCESS REQUESTED). (Filing fee $402; receipt number AKYEDC-5596719), filed by Richard Andrew Yaden, Yaden's Auto Sales, Inc., Richard C. Yaden, Jon Ross Yaden, Michelle Yaden. (Attachments: #1 Exhibit 1 - Citation, #2 Exhibit 2 - State Regulation, #3 Exhibit 3 - Denial Letter)(JJ) |
| Conflict Check run. (JJ) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re (R. #4 -2) EMERGENCY MOTION for Temporary Restraining Order (CBD) |
| Clerk's Note: The Clerk notes a Complaint [R. #1 ] was filed; however, a summons was not provided to the Clerk for issuance. If you desire summons to be issued, the forms are available on the Court's website, www.kyed.uscourts.gov. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a Notice of Filing with the prepared summons as an attachment within 7 calendar days. (JJ) |
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