Bellwether Music Festival LLC et al v. Acton et al
| Project Live, LLC, Mark W Miller, Bellwether Music Festival LLC, ESK Presents LLC and Bratwurst Festival, Inc. |
| Stark County Combined General Health District, Warren County Health District, Amy Acton and Lance Himes |
| 1:2020cv00463 |
| June 11, 2020 |
| US District Court for the Southern District of Ohio |
| Matthew W McFarland |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.
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Filing 26
Order Transferring Case. Signed by Judge Matthew W. McFarland on 06/29/2020. (kaf)
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| Intra District Transfer - Case transferred to Columbus as case number 2:20cv3279. This case has been closed and all future filings should be made in case number 2:20cv3279. (ss) |
| Minute Entry for proceedings held before Judge Matthew W. McFarland: Telephone Conference held on 06/29/2020. Present by phone were Attorneys Christopher Finney and Curt Carl Hartman, counsel for Plaintiffs, Attorneys Marion H. Little and John Wolcott Zeiger, counsel for Defendants Amy Acton, Lance Himes, and Ohio Department of Health, Attorneys David M. Smith and Amily A. Imbrogno, counsel for Defendant Warren County Health District, and Attorneys Stephan P. Babik and Hope S. Konovsky, counsel for Defendant Stark County Combined Health District. Pursuant to 28 U.S.C. 1404(a), the Court finds that, for the convenience of the parties and witnesses and in the interest of justice, this case will be transferred from the docket of Judge Matthew W. McFarland to the Office of the Clerk for reassignment to the Eastern Division of the Southern District of Ohio at Columbus. (kaf) |
| Filing 25 ANSWER to #21 Amended Complaint,,, filed by Amy Acton, Lance Himes. (Little, Marion) |
| Filing 24 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Project Live, LLC re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Hartman, Curt) |
| Filing 23 MOTION for Preliminary Injunction by Plaintiff Bratwurst Festival, Inc.. (Hartman, Curt) |
| Filing 22 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Bellwether Music Festival LLC, ESK Presents LLC, Mark W Miller re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Hartman, Curt) |
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Notation Order: At the June 25, 2020, hearing on #4 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, counsel will be permitted oral argument as follows. Plaintiffs and Defendants each will have five (5) minutes to present opening statements and twenty (20) minutes to present closing arguments, including any rebuttal by Plaintiffs. The parties are responsible for determining how much of this time to allocate to individual Plaintiffs or Defendants, respectively. Signed by Judge Matthew W. McFarland on 06/24/2020. (kaf)
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Notation Order: In light of #24 Notice of Limited Withdrawal by Plaintiff Project Live, LLC of #4 Motion for Temporary Restraining Order and Preliminary Injunction, the Court hereby VACATES the evidentiary hearing scheduled for 06/25/2020 at 9:30a.m. Signed by Judge Matthew W. McFarland on 06/24/2020. (kaf)
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| Filing 21 AMENDED COMPLAINT against All Defendants, filed by Mark W Miller, Bellwether Music Festival LLC, Project Live, LLC, ESK Presents LLC, Bratwurst Festival, Inc.. (Attachments: #1 Exhibit A - Executive Order 2020-01D dtd 9 Mar 2020, #2 Exhibit B - Directors Order re: Mass Gatherings dtd 17 Mar 2020, #3 Exhibit C - Directors Stay at Home Order dtd 22 Mar 2020, #4 Exhibit D - Amended Directors Stay at Home Order dtd 2 Apr 2020, #5 Exhibit E - Directors Stay Safe Ohio Order dtd 30 Apr 2020, #6 Exhibit F - Directors Camp Safe Ohio Order dtd 20 May 2020, #7 Exhibit G - Directors Updated and Revised Order dtd 29 May 2020, #8 Exhibit H - Order Granting Preliminary Injunction, Rock House Fitness v. Acton, Lake County Common Pleas Court, Case No. 20-CV-000631) (Hartman, Curt) |
| Filing 20 NOTICE of Filing Declaration of Catherine M. Stein, Ph.D. re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Filing Declaration of Catherine M. Stein, Ph.D. by Plaintiffs Bellwether Music Festival LLC, ESK Presents LLC, Mark W Miller, Project Live, LLC (Attachments: #1 Affidavit /Declaration of Catherine M. Stein, Ph.D., #2 Exhibit 1 to Stein Declaration - CV of Catherine Stein, #3 Exhibit 2 to Stein Declaration - Written testimony on SB 311, #4 Exhibit 3 to Stein Declaration - Written testimony on HB 624, #5 Exhibit 4 to Stein Declaration - White paper, "Epideniological Investigation of Covid-19", #6 Exhibit 5 to Stein Declaration - White paper, "Excess Deaths During Covid-19 Shutdown") (Hartman, Curt) Modified on 6/24/2020 (eh). |
| Filing 19 REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Bellwether Music Festival LLC, ESK Presents LLC, Mark W Miller, Project Live, LLC. (Hartman, Curt) |
| Filing 18 NOTICE of Substitution of Counsel - Marion H Little substituting for Katherine J. Bockbrader and William C. Greene as to Defendant Amy Acton. (Little, Marion) |
| Filing 17 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Warren County Health District. (Attachments: #1 Exhibit A - Screenshot of Website) (Imbrogno, Amily) |
| Filing 16 Notice of Joinder re #16 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Notice of Joinder in Defendants Amy Acton and Lance Himes' Memorandum in Opposition filed by Defendant Stark County Combined General Health District. (Babik, Stephan) Modified docket text on 6/23/2020 (eh). |
| Filing 15 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Defendants Amy Acton and Lance D. Himes Memorandum in Opposition to Plaintiffs Motion for Temporary Order and Preliminary Injunction filed by Defendant Amy Acton. (Little, Marion) |
| Filing 14 MOTION for Leave to File Memorandum In Opposition To Plaintiffs Motion For Temporary Restraining Order And Preliminary Injunction In Excess Of Twenty Pages by Defendant Amy Acton. (Attachments: #1 Text of Proposed Order) (Little, Marion) |
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NOTATION ORDER granting in part #14 Motion of Defendants for Leave to File Memorandum in Opposition to #4 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction in Excess of Twenty Pages: Defendants are granted leave to file Memorandum in Opposition not to exceed thirty (30) pages. Plaintiffs are granted leave to file Reply not to exceed thirty (30) pages. Signed by Judge Matthew W. McFarland on 06/22/2020. (kaf)
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| Filing 13 ANSWER to #1 Complaint,,, Of Defendants Lance D. Himes, Interim Director Of The Ohio Department Of Health And Amy Acton filed by Amy Acton. (Little, Marion) |
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Notation Order: Upon consideration and for good cause shown, the Court GRANTS #8 Motion to Excuse Appearance of Defendant Stark County Combined General Health District from the 06/25/2020 hearing. Signed by Judge Matthew W. McFarland on 06/18/2020. (kaf)
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| Filing 12 MOTION for Reconsideration re Order on Motion to Continue,, by Plaintiffs Bellwether Music Festival LLC, ESK Presents LLC, Mark W Miller, Project Live, LLC. (Hartman, Curt) |
| Filing 11 NOTICE of Appearance by Hope S. Konovsky for Defendant Stark County Combined General Health District (Konovsky, Hope) |
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Notation Order: Upon consideration and for good cause shown, the Court GRANTS #10 Defendant's Motion to Continue Hearing. Evidentiary Hearing on #4 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction is hereby RESET for 06/25/2020 at 9:30AM in Courtroom 7, Room 117 - Cincinnati before Judge Matthew W. McFarland. The Court also extends the deadlines for Defendants' Responses and Plaintiffs' Replies as follows: Responses due by 4:00p.m. on 06/22/2020. Replies due by 4:00p.m. 06/23/2020. Signed by Judge Matthew W. McFarland on 06/17/2020. (kaf)
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Notation Order: After consideration, the Court finds #12 Plaintiffs' Motion to Reconsider not well taken and the same is DENIED. Signed by Judge Matthew W. McFarland on 06/17/2020. (kaf)
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| Deadlines set as to #4 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction: Responses due by 4:00p.m. on 06/22/2020. Replies due by 4:00p.m. 06/23/2020. (kaf) |
| Filing 10 MOTION to Continue by Defendant Amy Acton. (Zeiger, John) |
| Filing 9 NOTICE of Appearance by John Wolcott Zeiger for Defendant Amy Acton (Zeiger, John) |
| Filing 8 MOTION to excuse appearance of Defendant Stark County Combined General Health District by Defendant Stark County Combined General Health District. (Babik, Stephan) |
| Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 06/15/2020. Present by phone were Attorneys Christopher Finney, Curt Carl Hartman, and Rebecca Heimlich, counsel for Plaintiffs, Attorneys Katherine Bockbrader and William Greene, counsel for Defendants Amy Acton, Lance Himes, and Ohio Department of Health, Attorneys David M. Smith and Adam M. Nice, counsel for Defendant Warren County Health District, and Attorneys Stephan P. Babik and Hope S. Konovsky, counsel for Defendant Stark County Combined Health District. Evidentiary Hearing on #4 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction set for 06/19/2020 at 10:00AM in Courtroom 7, Room 117 - Cincinnati before Judge Matthew W. McFarland. (kaf) Modified on 6/16/2020 (kaf). |
| Filing 7 NOTICE of Appearance by William C Greene for Defendant Amy Acton (Greene, William) |
| Filing 6 NOTICE of Appearance by Stephan P. Babik for Defendant Stark County Combined General Health District (Babik, Stephan) |
| Filing 5 NOTICE of Appearance by Adam M. Nice for Defendant Warren County Health District (Nice, Adam) |
| Filing 4 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 7/6/2020) by Plaintiffs Bellwether Music Festival LLC, ESK Presents LLC, Mark W Miller, Project Live, LLC. (Attachments: #1 Affidavit /Declaration of Bill Donabedian, #2 Affidavit /Declaration of Aaron Green, #3 Affidavit /Declaration of Mark Miller) (Hartman, Curt) |
| Deadlines set as to #4 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction: Responses due by 4:00p.m. on 06/17/2020. Replies due by 4:00p.m. 06/18/2020. (kaf) Modified on 6/12/2020 (kaf). |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) |
| Minute Entry for proceedings held before Judge Matthew W. McFarland: Telephone Conference held on 06/12/2020. Present by phone were Attorneys Christopher Finney, Curt Carl Hartman, and Rebecca Heimlich, counsel for Plaintiffs, Attorneys Katherine Bockbrader and William Greene, counsel for Defendant Ohio Department of Health, Attorneys David M. Smith and Adam M. Nice, counsel for Defendant Warren County Health District, and Attorneys Stephan P. Babik and Hope S. Konovsky, counsel for Defendant Stark County Combined Health District. Defendants' Responses to #4 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction due by 4:00p.m. on 06/17/2020. Plaintiffs' Replies to Responses due by 4:00p.m. on 06/18/2020. Status Conference set for 06/15/2020 at 3:30p.m. via Teleconference before Judge Matthew W. McFarland. Parties shall refer to 06/12/2020 docket entry for dial-in instructions. (Court Reporter: Julie Wolfer) (kaf) |
| Filing 3 NOTICE by Plaintiffs Bellwether Music Festival LLC, ESK Presents LLC, Mark W Miller, Project Live, LLC re #1 Complaint,,, of Filing Civil Cover Sheet (Hartman, Curt) |
| Filing 2 NOTICE of Appearance by David M Smith for Defendant Warren County Health District (Smith, David) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7505143), filed by Mark W Miller, Bellwether Music Festival LLC, Project Live, LLC, ESK Presents LLC. (Attachments: #1 Exhibit A - Executive Order 2020-01D dtd 9 Mar 2020, #2 Exhibit B- Directors Order re: Mass Gatherings dtd 17 Mar 2020, #3 Exhibit C - Directors Stay at Home Order dtd 22 Mar 2020, #4 Exhibit D - Amended Directors Stay at Home Order dtd 2 Apr 2020, #5 Exhibit E - Directors Stay Safe Ohio Order dtd 30 Apr 2020, #6 Exhibit F - Directors Camp Safe Ohio Order dtd 20 May 2020, #7 Exhibit G - Directors Updated and Revised Order dtd 29 May 2020, #8 Exhibit H - Order Granting Preliminary Injunction, Rock House Fitness v. Acton, Lake County Common Pleas Court, Case No. 20-CV-000631, #9 Civil Cover Sheet) (Hartman, Curt) |
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