Legacy Church, Inc. v. Kunkel et al
| Legacy Church, Inc. |
| State of New Mexico and Kathyleen M. Kunkel |
| Americans United for Separation of Church and State and Becket Foundation for Religious Liberty |
| 1:2020cv00327 |
| April 11, 2020 |
| US District Court for the District of New Mexico |
| James O Browning |
| Steven C Yarbrough |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 66 NOTICE of Briefing Complete by Kathyleen M. Kunkel re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kathyleen M. Kunkel (Garcia, Matthew) |
| Filing 65 REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kathyleen M. Kunkel. (Attachments: #1 Exhibit 1) (Garcia, Matthew) |
Filing 64
ORDER by District Judge James O. Browning granting #63 Motion to Vacate (vv)
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| Filing 63 Unopposed MOTION to Vacate May 18, 2020 Hearing And Stay Proceedings Until June 3, 2020 by Legacy Church, Inc.. (Hunter, Colin) |
| Filing 62 ERRATA re #61 Notice (Other) DOC 61-1 by Kathyleen M. Kunkel (Attachments: #1 Exhibit A) (Garcia, Matthew) |
| Filing 61 NOTICE by Kathyleen M. Kunkel re 58 Minute Order, Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B) (Garcia, Matthew) |
| Filing 60 NOTICE by Kathyleen M. Kunkel re #12 Response to Motion, Supplemental Authorities in Further Support of (Garcia, Matthew) |
| Filing 59 NOTICE by Kathyleen M. Kunkel re 58 Minute Order, (Garcia, Matthew) |
| Filing 58 MINUTE ORDER pursuant to the direction of District Judge James O. Browning, Secretary Kunkel shall notify the Court by Friday, May 15, at 12:00 p.m., whether the current public health order restricts Plaintiff Legacy Churchs small ministry activities, which include up to 20 people, from gathering in an enclosed space. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 57 RESPONSE in Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Legacy Church, Inc.. (Hunter, Colin) |
| Filing 56 NOTICE by Legacy Church, Inc. Of Supplemental Authority (Hunter, Colin) |
| Filing 55 MINUTE ORDER pursuant to the direction of District Judge James O. Browning,the parties shall notify the Court by Wednesday, May 13, at 3:00 p.m., whether the parties favor or oppose converting Secretary Kunkels Motion to Dismiss (Doc. 33) into a motion for summary judgment. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 54 Clerk's Minutes for proceedings held before District Judge James O. Browning: Status Conference held on 5/12/2020. (Court Reporter R Brazil) (vv) |
| Filing 53 NOTICE of Hearing: Status Conference set for 5/12/2020 at 03:00 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Counsel appearing telephonically and the press outlets are invited to call the Court's AT&T Conference Line for the hearing by dialing 1-888-684-8852; access code: 5469085#. Public wishing to listen through streaming may follow this process to listen: Individuals seeking audio access to a public hearing must contact the Clerks Office to obtain login credentials for the hearing. Callers should contact the main Clerks Office number for the courthouse where the hearing will be held: Albuquerque (505) 348-2000. If a caller is uncertain as to where the hearing is being held, staff answering the calls may provide that information as well. Staff will 1. Confirm the hearing the caller is asking to participate in is a public hearing, 2. Verify which courtroom will be used and provide the appropriate login credentials. At the stated date and time for the hearing, interested individuals will be able to access the audio stream by visiting the district court website and clicking on the link for the appropriate courtroom: https://www.nmd.uscourts.gov/district-court-audio-streaming-service-dcass. (cjw) (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 52 MINUTE ORDER pursuant to the direction of District Judge James O. Browning: Counsel appearing telephonically and the press outlets are invited to call the Court's AT&T Conference Line for the hearing on May 18, 2020 at 8:30 a.m. by dialing 1-888-684-8852; access code: 5469085#. Public wishing to listen through streaming may follow this process to listen: Individuals seeking audio access to a public hearing must contact the Clerks Office to obtain login credentials for the hearing. Callers should contact the main Clerks Office number for the courthouse where the hearing will be held: Albuquerque (505) 348-2000. If a caller is uncertain as to where the hearing is being held, staff answering the calls may provide that information as well. Staff will 1. Confirm the hearing the caller is asking to participate in is a public hearing, 2. Verify which courtroom will be used and provide the appropriate login credentials. At the stated date and time for the hearing, interested individuals will be able to access the audio stream by visiting the district court website and clicking on the link for the appropriate courtroom: https://www.nmd.uscourts.gov/district-court-audio-streaming-service-dcass. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 51 NOTICE of Hearing on Motions #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Preliminary Injunction : Motion Hearing set for 5/18/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Counsel appearing by telephone should dial the Court's AT&T Conference line at 1-888-684-8852; access code 5469085# at the time of the hearing. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 50
ORDER by District Judge James O. Browning granting #44 Motion to File Amicus Brief (vv)
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| Filing 49 NOTICE by Americans United for Separation of Church and State re 47 Association of Attorney Licensed Outside the District,, Certification of Good Standing of Richard B. Katskee (Goetz, Sarah) |
| Filing 48 NOTICE by Americans United for Separation of Church and State re 46 Association of Attorney Licensed Outside the District,, Certification of Good Standing of Alex J. Luchenitser (Goetz, Sarah) |
| Filing 47 ASSOCIATION of Attorney Licensed Outside the District for Amicus Americans United for Separation of Church and State by Sarah Goetz on behalf of: Richard B. Katskee Americans United for Separation of Church and State 1310 L Street NW, Suite 200Washington, DC 20005 (202) 466-3234 Fax (202) 466-3353 katskee@au.org (Association Dues - Online Payment) (Goetz, Sarah)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 46 ASSOCIATION of Attorney Licensed Outside the District for Amicus Americans United for Separation of Church and State by Sarah Goetz on behalf of: Alex J. Luchenitser Americans United for Separation of Church and State 1310 L Street NW, Suite 200Washington, DC (202) 466-3234 Fax (202) 466-3353 luchenitser@au.org (Association Dues - Online Payment) (Goetz, Sarah)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 45 Corporate Disclosure Statement by Americans United for Separation of Church and State (Goetz, Sarah) |
| Filing 44 Unopposed MOTION to File Amicus Brief by Americans United for Separation of Church and State. (Attachments: #1 Exhibit Brief of Amicus Curiae Americans United for Separation of Church and State) (Goetz, Sarah) |
| Filing 43 NOTICE of Appearance by Sarah Goetz on behalf of Americans United for Separation of Church and State (Goetz, Sarah) |
| Association Dues Received: $ 100 receipt number ANMDC-7111811 re: # 47 Association of Attorney Licensed Outside the District,, filed by Americans United for Separation of Church and State (Payment made via Pay.gov)(Goetz, Sarah) |
| Association Dues Received: $ 100 receipt number ANMDC-7111831 re: # 46 Association of Attorney Licensed Outside the District,, filed by Americans United for Separation of Church and State (Payment made via Pay.gov)(Goetz, Sarah) |
| Filing 42 TRANSCRIPT of Temporary Restraining Order Proceedings held on April 16, 2020, before District Judge James O. Browning. Court Reporter/Transcriber Jennifer Bean, Telephone number 505-348-2283. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at https://www.nmd.uscourts.gov. Notice of Intent to Request Redaction set for 5/7/2020. Redaction Request due 5/21/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/29/2020. (jab) |
| Filing 41 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 4/29/2020 re #35 Opposed MOTION to Vacate 32 Notice of Hearing on Motion,, and Reschedule for a Later Date filed by Kathyleen M. Kunkel. (Court Reporter R Brazil) (vv) |
| Filing 40 NOTICE by Kathyleen M. Kunkel re #38 Opposed MOTION to Quash Plaintiff's April 28 Subpoena to Defendant Kunkel Withdrawal Without Prejudice (Garcia, Matthew) |
| Filing 39 MINUTE ORDER pursuant to the direction of District Judge James O. Browning: Counsel appearing telephonically and the press outlets are invited to call the Court's AT&T Conference Line for the hearing on April 29, 2020 by dialing 1-888-684-8852; access code: 5469085#. Public wishing to listen through streaming may follow this process to listen: Individuals seeking audio access to a public hearing must contact the Clerks Office to obtain login credentials for the hearing. Callers should contact the main Clerks Office number for the courthouse where the hearing will be held: Albuquerque (505) 348-2000. If a caller is uncertain as to where the hearing is being held, staff answering the calls may provide that information as well. Staff will 1. Confirm the hearing the caller is asking to participate in is a public hearing, 2. Verify which courtroom will be used and provide the appropriate login credentials. At the stated date and time for the hearing, interested individuals will be able to access the audio stream by visiting the district court website and clicking on the link for the appropriate courtroom: https://www.nmd.uscourts.gov/district-court-audio-streaming-service-dcass. (cjw) |
| Filing 38 Opposed MOTION to Quash Plaintiff's April 28 Subpoena to Defendant Kunkel by Kathyleen M. Kunkel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Garcia, Matthew) |
| Filing 37 NOTICE of Hearing on Motion #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 5/22/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Counsel wishing to appear telephonically may do so by first contacting the courtroom deputy and then at the time of the hearing dialing the Court's AT&T Telephone Conference line at 1-888-684-8852; access code 5469085#. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 36 NOTICE of Hearing on Motion #35 Opposed MOTION to Vacate 32 Notice of Hearing on Motion, and Reschedule for a Later Date : Motion Hearing set for 4/29/2020 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Counsel may appear telephonically by first calling the courtroom deputy to advise of your telephonic appearance and then at the time of the hearing calling the Court's AT&T Telephone Conference line at 1-888-684-8852; access code: 5469085#. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 35 Opposed MOTION to Vacate 32 Notice of Hearing on Motion,, and Reschedule for a Later Date by Kathyleen M. Kunkel. (Garcia, Matthew) |
| Filing 34 MINUTE ORDER pursuant to the direction of District Judge James O. Browning: Counsel wishing to appear telephonically for the hearing set on April 30, 2020 at 8:30 a.m. should first notify the courtroom deputy and then at the time of the hearing dial the court's AT&T Telephone Conference line at 1-888-684-8852; access code: 5469085#. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kathyleen M. Kunkel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Garcia, Matthew) |
| Filing 32 NOTICE of Hearing on Motion: Preliminary Injunction Hearing set for 4/30/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Counsel wishing to appear telephonically may do so by contacting the courtroom deputy and advising of their telephonic appearance and at the time of the hearing dial the court's AT&T Telephone Conference Line at 1-888-684-8852; access code 5469085#. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 31
MINUTE ORDER by District Judge James O. Browning: A hearing on the motion for Preliminary Injunction Order will be held on April 30, 2020 at 8:30 a.m. in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Counsel wishing to appear telephonically may do so by first calling the courtroom deputy and advising of the telephonic appearance and at the time of the hearing dialing the Court's AT&T Telephone Conference line at 1-888-684-8852; access code 5469085#. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 30 Email by Matt Garcia (vv) |
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Filing 29
MEMORANDUM OPINION AND ORDER by District Judge James O. Browning denying #9 Motion for TRO(bdo)
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| Filing 28 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 4/17/2020 re #17 MOTION to File Amicus Brief filed by Becket Foundation for Religious Liberty. (Court Reporter J Bean) (vv) |
| Filing 27 BRIEF re #9 MOTION for Temporary Restraining Order Amicus Curiae Brief by Becket Foundation for Religious Liberty (Dunn, A.) |
| Filing 26 NOTICE of Hearing on Motion #17 MOTION to File Amicus Brief : Motion Hearing set for 4/17/2020 at 12:30 PM in Albuquerque - 421 Gold, 6th Floor Courtroom before District Judge James O. Browning. Counsel may appear telephonically by calling the Court's AT&T line at 1-888-684-8852; access code 5469085#. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 25 RESPONSE to Motion re #17 MOTION to File Amicus Brief filed by Kathyleen M. Kunkel. (Garcia, Matthew) |
| Filing 24 NOTICE by Becket Foundation for Religious Liberty re 21 Association of Attorney Licensed Outside the District, Certificate of Good Standing (Dunn, A.) |
| Filing 23 NOTICE by Becket Foundation for Religious Liberty re 20 Association of Attorney Licensed Outside the District, Certificate of Good Standing (Dunn, A.) |
| Filing 22 NOTICE by Becket Foundation for Religious Liberty re 19 Association of Attorney Licensed Outside the District, Certificate of Good Standing (Dunn, A.) |
| Filing 21 ASSOCIATION of Attorney Licensed Outside the District for Amicus Becket Foundation for Religious Liberty by A. Blair Dunn on behalf of: Peter Torstensen The Becket Fund for Religious Liberty 1200 New Hampshire Ave. NW, Suite 700Washington, DC 20036 202-955-0095 Fax 202-955-0090 ptorstensen@becketlaw.org (Association Dues - Online Payment) (Dunn, A.)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 20 ASSOCIATION of Attorney Licensed Outside the District for Amicus Becket Foundation for Religious Liberty by A. Blair Dunn on behalf of: William J. Huan The Becket Fund for Religious Liberty 1200 New Hampshire Ave. NW, Suite 700Washington, DC 20036 202-955-0095 Fax 202-955-0090 whaun@becketlaw.org (Association Dues - Online Payment) (Dunn, A.)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 19 ASSOCIATION of Attorney Licensed Outside the District for Amicus Becket Foundation for Religious Liberty by A. Blair Dunn on behalf of: Mark L. Rienzi The Becket Fund for Religious Liberty 1200 New Hampshire Ave. NW, Suite 700Washington, DC 20036 202-955-0095 Fax 202-955-0090 mrienzi@becketlaw.org (Association Dues - Online Payment) (Dunn, A.)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 18 NOTICE by Kathyleen M. Kunkel re #12 Response to Motion, Supplemental Authority in Further Support (Attachments: #1 Exhibit 1) (Garcia, Matthew) |
| Filing 17 MOTION to File Amicus Brief by Becket Foundation for Religious Liberty. (Attachments: #1 Exhibit) (Dunn, A.) |
| Filing 16 Amicus Curiae APPEARANCE entered by A. Blair Dunn on behalf of Becket Foundation for Religious Liberty (Dunn, A.) |
| Association Dues Received: $ 100 receipt number 1084-7080588 re: # 19 Association of Attorney Licensed Outside the District, filed by Becket Foundation for Religious Liberty (Payment made via Pay.gov)(Dunn, A.) |
| Association Dues Received: $ 100 receipt number 1084-7080594 re: # 20 Association of Attorney Licensed Outside the District, filed by Becket Foundation for Religious Liberty (Payment made via Pay.gov)(Dunn, A.) |
| Association Dues Received: $ 100 receipt number 1084-7080613 re: # 21 Association of Attorney Licensed Outside the District, filed by Becket Foundation for Religious Liberty (Payment made via Pay.gov)(Dunn, A.) |
| Filing 15 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 4/16/2020 re #9 MOTION for Temporary Restraining Order filed by Legacy Church, Inc.. (Court Reporter J Bean) (vv) |
| Filing 14 MINUTE ORDER pursuant to the direction of District Judge James O. Browning: Counsel may appear in person or telephonically for the hearing set April 16, 2020 at 9:00 a.m. Counsel wishing to appear telephonically may do so by dialing 1-888-684-8852; access code 5469085#. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cjw) |
| Filing 13 AMENDED NOTICE AS TO TIME AND PLACE of Hearing on Motion #9 MOTION for Temporary Restraining Order : Motion Hearing set for 4/16/2020 at 09:00 AM in Albuquerque - 421 Gold, 6th Floor Courtroom before District Judge James O. Browning. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 12 RESPONSE to Motion re #9 MOTION for Temporary Restraining Order filed by Kathyleen M. Kunkel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Garcia, Matthew) |
| Filing 11 RESPONSE in Opposition re #9 MOTION for Temporary Restraining Order filed by State of New Mexico. (Sydow, Nicholas) |
| Filing 10 NOTICE of Hearing on Motion #9 MOTION for Temporary Restraining Order : Motion Hearing set for 4/16/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Counsel may appear telephonically by calling the Court's AT&T Conference line at 1-888-684-8852; access code: 5469085#. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 9 MOTION for Temporary Restraining Order by Legacy Church, Inc.. (Stern, Jordy) |
| Filing 8 Email by Jordy Stern (vv) |
| Filing 7 NOTICE of Appearance by Matthew L. Garcia on behalf of Kathyleen M. Kunkel (Garcia, Matthew) |
| Filing 6 NOTICE of Appearance by Nicholas M Sydow on behalf of State of New Mexico (Sydow, Nicholas) |
| Filing 5 Clerk's Minutes for proceedings held before District Judge James O. Browning: Scheduling Conference held on 4/13/2020. (Court Reporter J Bean) (vv) |
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Filing 4
MINUTE ORDER by District Judge James O. Browning. Temporary Restraining Order Hearing set for 4/16/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. [THIS IS A TEXT ONLY ENTRY, NO DOCUMENTS ATTACHED] (vv)
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| Filing 3 NOTICE of Hearing: Scheduling Conference set for 4/13/2020 at 11:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Counsel may appear telephonically by calling the Court's AT&T Conference line at 1-888-684-8852; access code: 5469085#. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 2 NOTICE by Legacy Church, Inc. re #1 Complaint Civil Cover Sheet (Attachments: #1 Supplement TRO Info Sheet) (Stern, Jordy) |
| United States District Judge James O. Browning and United States Magistrate Judge Steven C. Yarbrough assigned. (ng) |
| Filing 1 COMPLAINT against Kathyleen M. Kunkel, State of New Mexico ( Filing Fee - Online Payment), filed by Legacy Church, Inc.. (Stern, Jordy) |
| Filing and Administrative Fees Received: $ 400 receipt number 1084-7072565 re #1 Complaint filed by Legacy Church, Inc. (Payment made via Pay.gov)(Stern, Jordy) |
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