Parks v. United States of America et al
| Carlton B Parks |
| United States of America, Jeffrey S. Sutton, Travis R. McDonough, Christopher Steger, Deanna P. Windham, State of Tennessee, William B. Acree, Jr., David Michael Swiney, Jeffrey S. Bivens, Hamilton County, TN, Larry L. Henry, Erin R. Eversole, Jeffrey J. Lyash, Edward L. Spoone, Kristi S. Foxx, Jamie N. Lynch, Murray Guard, Incorporated, Duncan, Hatcher, Hixson, Fleenor, and Holland, B. Paul Hatcher, Everett L. Hixson, Jr., Everett L. Hixson, III, Phillip E. Fleenor, Adam U Holland, Evans, Harrison, Hackett, PLLC, John C. Harrison, Leitner, Williams, Dooley and Napolitan, William E. Goldbold, III, Andrew J. Goldbold, Burnette, Dobson, Pinchak, Harry F. Burnette, Tennessee Valley Authority, John E Terry, Rheubin Taylor, Mary Southerland, Merrick B Garland and Shanna Edkin |
| 1:2024cv00005 |
| January 8, 2024 |
| US District Court for the Eastern District of Tennessee |
| Susan K Lee |
| Travis R McDonough |
| Christopher H Steger |
| Thomas A Varlan |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 MOTION to Stay re #31 Scheduling Order, by William B. Acree, Jr, Jeffrey S. Bivens, State of Tennessee, David Michael Swiney. (Ross, Heather) |
| Filing 56 MOTION to Modify re #31 Scheduling Order, by Harry F. Burnette, Burnette, Dobson, Pinchak. (Pinchak, Frank) |
| Filing 55 NOTICE by William B. Acree, Jr, Jeffrey S. Bivens, State of Tennessee, David Michael Swiney re #48 MOTION to Dismiss for Lack of Jurisdiction Statement Regarding Meet and Confer (Ross, Heather) |
| Filing 54 MOTION for Extension of Time to File Response/Reply by Leitner, Williams, Dooley and Napolitan. (Elliott, Sam) |
| Filing 53 RESPONSE to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Leitner, Williams, Dooley and Napolitan filed by Carlton B Parks. (DCB) |
| Filing 52 SUMMONS Returned Executed by Carlton B Parks. Hamilton County, TN served on 2/23/2024; Jeffrey J. Lyash served on 2/24/2024; Murray Guard, Incorporated served on 2/26/2024. (DCB) |
| Filing 51 MOTION to Stay Discovery by Duncan, Hatcher, Hixson, Fleenor, and Holland, Phillip E. Fleenor, B. Paul Hatcher, Everett L. Hixson, Jr, Everett L. Hixson, III, Adam U Holland. (Albritton, Barret) |
| Filing 50 NOTICE by Leitner, Williams, Dooley and Napolitan Corporate Disclosure Statement (Elliott, Sam) |
| Filing 49 MEMORANDUM in Support of Motion re #48 MOTION to Dismiss for Lack of Jurisdiction filed by William B. Acree, Jr, Jeffrey S. Bivens, State of Tennessee, David Michael Swiney. (Ross, Heather) |
| Filing 48 MOTION to Dismiss for Lack of Jurisdiction by William B. Acree, Jr, Jeffrey S. Bivens, State of Tennessee, David Michael Swiney. (Ross, Heather) |
| Filing 47 NOTICE of Appearance by Heather C Ross on behalf of William B. Acree, Jr, Jeffrey S. Bivens, State of Tennessee, David Michael Swiney (Ross, Heather) |
| Filing 46 Administrative Notice to William R. Hannah re #44 Notice. Informational only. No further action needed. (DCB) |
| Filing 45 Administrative Notice to Barret S. Albritton re #43 Notice. Informational only. No further action needed. (DCB) |
| Filing 44 CORPORATE DISCLOSURE STATEMENT by Evans, Harrison, Hackett, PLLC Corporate Disclosure Statement (Hannah, William) Modified to correct document title on 3/4/2024 (DCB). |
| Filing 43 CORPORATE DISCLOSURE STATEMENT by Duncan, Hatcher, Hixson, Fleenor, and Holland, Phillip E. Fleenor, B. Paul Hatcher, Everett L. Hixson, Jr, Everett L. Hixson, III, Adam U Holland (Albritton, Barret) Modified to correct document title on 3/4/2024 (DCB). |
| Filing 42 NOTICE by Duncan, Hatcher, Hixson, Fleenor, and Holland, Phillip E. Fleenor, B. Paul Hatcher, Everett L. Hixson, Jr, Everett L. Hixson, III, Adam U Holland (Albritton, Barret) |
| Filing 41 MEMORANDUM in Support of Motion re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & Lack of Jurisdiction filed by Duncan, Hatcher, Hixson, Fleenor, and Holland, Phillip E. Fleenor, B. Paul Hatcher, Everett L. Hixson, Jr, Everett L. Hixson, III, Adam U Holland. (Albritton, Barret) |
| Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & Lack of Jurisdiction by Duncan, Hatcher, Hixson, Fleenor, and Holland, Phillip E. Fleenor, B. Paul Hatcher, Everett L. Hixson, Jr, Everett L. Hixson, III, Adam U Holland. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Albritton, Barret) |
| Filing 39 CORPORATE DISCLOSURE STATEMENT by Duncan, Hatcher, Hixson, Fleenor, and Holland Corporate Disclosure Statement (Albritton, Barret) Modified to correct document title on 3/4/2024 (DCB). |
| Filing 38 NOTICE by Duncan, Hatcher, Hixson, Fleenor, and Holland Certificate of Required Conference (Albritton, Barret) |
| Filing 37 MEMORANDUM in Support of Motion re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & Lack of Jurisdiction filed by Duncan, Hatcher, Hixson, Fleenor, and Holland. (Albritton, Barret) |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & Lack of Jurisdiction by Duncan, Hatcher, Hixson, Fleenor, and Holland. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Albritton, Barret) |
| Filing 35 NOTICE of Appearance by Barret S. Albritton on behalf of Duncan, Hatcher, Hixson, Fleenor, and Holland (Albritton, Barret) |
| Filing 34 MEMORANDUM in Support of Motion re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Harry F. Burnette, Burnette, Dobson, Pinchak. (Pinchak, Frank) |
| Filing 33 NOTICE by Harry F. Burnette, Burnette, Dobson, Pinchak re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pinchak, Frank) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Harry F. Burnette, Burnette, Dobson, Pinchak. (Pinchak, Frank) |
Filing 31
SCHEDULING ORDER: Jury Trial set for 8/19/2025 at 9:00 AM in Courtroom 4 - Chattanooga before District Judge Thomas A Varlan. Final Pretrial Conference set for 8/12/2025 at 2:00 PM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Signed by District Judge Thomas A Varlan on 2/29/2024. (KMK)
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| Filing 30 NOTICE by John C. Harrison re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Hannah, William) |
| Filing 29 MEMORANDUM in Support of Motion re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John C. Harrison. (Hannah, William) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John C. Harrison. (Attachments: #1 Exhibit Subpoena for mediation file, #2 Exhibit Objection to Subpoena and Motion to Quash with Affidavit, #3 Exhibit Motion to Compel and for Sanctions, #4 Exhibit Reply to Objection to Subpoena and Motion to Quash, #5 Exhibit Order Denying Motion to Compel and Granting Motion to Quash)(Hannah, William) |
| Filing 27 NOTICE by Evans, Harrison, Hackett, PLLC re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Hannah, William) |
| Filing 26 MEMORANDUM in Support of Motion re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Evans, Harrison, Hackett, PLLC. (Hannah, William) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Evans, Harrison, Hackett, PLLC. (Attachments: #1 Exhibit Subpoena for mediation file, #2 Exhibit Objection to Subpoena and Motion to Quash with Affidavit, #3 Exhibit Motion to Compel and for Sanctions, #4 Exhibit Reply to Objection to Subpoena and Motion to Quash, #5 Exhibit Order Denying Motion to Compel and Granting Motion to Quash)(Hannah, William) |
| Filing 24 ANSWER to #15 Amended Complaint by Erin R. Eversole(Official Capacity as an Employee or Agent of Hamilton County, TN), Erin R. Eversole(Individual Capacity), Larry L. Henry(Individual Capacity), Larry L. Henry(Official Capacity as an Employee or Agent of Hamilton County, TN).(Hobbs, R) |
| Filing 23 MEMORANDUM in Support of Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hamilton County, TN. (Hobbs, R) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Hamilton County, TN. (Hobbs, R) |
| Filing 21 Alias Summons Issued as to Hamilton County, TN, Tennessee Valley Authority, Jeffrey J. Lyash. (DCB) |
| Filing 20 NOTICE by Leitner, Williams, Dooley and Napolitan re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Elliott, Sam) |
| Filing 19 Administrative Notice to Counsel #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : requirements due by 2/27/2024. (DCB) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Leitner, Williams, Dooley and Napolitan. (Attachments: #1 Memorandum in support of Motion, #2 Notice regarding court Order governing Motions to Dismiss)(Elliott, Sam) |
| Filing 17 SUMMONS Returned Executed by Carlton B Parks. Harry F. Burnette served on 2/9/2024; Burnette, Dobson, Pinchak served on 2/9/2024; Duncan, Hatcher, Hixson, Fleenor, and Holland served on 2/9/2024; Shanna Edkin served on 2/12/2024; Evans, Harrison, Hackett, PLLC served on 2/9/2024; Erin R. Eversole(Official Capacity as an Employee or Agent of Hamilton County, TN) served on 2/9/2024; Erin R. Eversole(Individual Capacity) served on 2/9/2024; Merrick B Garland served on 2/14/2024; Andrew J. Goldbold served on 2/9/2024; William E. Goldbold, III served on 2/9/2024; Hamilton County, TN served on 2/9/2024; John C. Harrison served on 2/9/2024; B. Paul Hatcher served on 2/9/2024; Larry L. Henry(Individual Capacity) served on 2/9/2024; Larry L. Henry(Official Capacity as an Employee or Agent of Hamilton County, TN) served on 2/9/2024; Everett L. Hixson, Jr served on 2/9/2024; Everett L. Hixson, III served on 2/9/2024; Adam U Holland served on 2/9/2024; Leitner, Williams, Dooley and Napolitan served on 2/9/2024; Jamie N. Lynch(Official Capacity) served on 2/10/2024; Jamie N. Lynch(Individual Capacity) served on 2/10/2024; Murray Guard, Incorporated served on 2/12/2024; Mary Southerland served on 2/9/2024; Edward L. Spoone(Official Capacity) served on 2/13/2024; Edward L. Spoone(Individual Capacity) served on 2/13/2024; State of Tennessee served on 2/12/2024; Rheubin Taylor served on 2/9/2024; Tennessee Valley Authority served on 2/10/2024; John E Terry(Official Capacity) served on 2/10/2024; John E Terry(Individual Capacity) served on 2/10/2024; United States of America served on 2/14/2024. (DCB) |
| Filing 16 Summons Issued as to Harry F. Burnette, Burnette, Dobson, Pinchak, Duncan, Hatcher, Hixson, Fleenor, and Holland, Shanna Edkin, Evans, Harrison, Hackett, PLLC, Erin R. Eversole(Official Capacity as an Employee or Agent of Hamilton County, TN), Kristi S. Foxx(Individual Capacity), Merrick B Garland, Andrew J. Goldbold, William E. Goldbold, III, Hamilton County, TN, John C. Harrison, B. Paul Hatcher, Larry L. Henry(Individual Capacity), Everett L. Hixson, Jr, Everett L. Hixson, III, Leitner, Williams, Dooley and Napolitan, Jamie N. Lynch(Official Capacity), Murray Guard, Incorporated, Mary Southerland, Edward L. Spoone(Official Capacity), State of Tennessee, Rheubin Taylor, Tennessee Valley Authority, John E Terry(Official Capacity), United States of America. Summonses issued at counter. (DCB) |
| Filing 15 AMENDED COMPLAINT against All Defendants filed by Carlton B Parks.(DCB) |
| Filing 14 Summons Issued as to Harry F. Burnette, Burnette, Dobson, Pinchak, Duncan, Hatcher, Hixson, Fleenor, and Holland, Evans, Harrison, Hackett, PLLC, Erin R. Eversole(Official Capacity as an Employee or Agent of Hamilton County, TN), Erin R. Eversole(Individual Capacity), Kristi S. Foxx(Individual Capacity), Kristi S. Foxx(Official Capacity), Andrew J. Goldbold, William E. Goldbold, III, Hamilton County, TN, John C. Harrison, B. Paul Hatcher, Larry L. Henry(Individual Capacity), Larry L. Henry(Official Capacity as an Employee or Agent of Hamilton County, TN), Everett L. Hixson, Jr, Everett L. Hixson, III, Leitner, Williams, Dooley and Napolitan, Jamie N. Lynch(Official Capacity), Jamie N. Lynch(Individual Capacity), Murray Guard, Incorporated, Edward L. Spoone(Official Capacity), Edward L. Spoone(Individual Capacity), State of Tennessee, United States of America. (AWS) Serviced to Carlton Parks at the intake counter. |
| Filing 13 NOTICE of Appearance by Sam D Elliott on behalf of Leitner, Williams, Dooley and Napolitan (Elliott, Sam) |
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Filing 12
ORDER REASSIGNING CASE. Magistrate Judge Christopher H Steger no longer assigned to case. Case reassigned to Magistrate Judge Susan K Lee for all further proceedings. Signed by District Judge Travis R McDonough on 1/17/2024. (AWS) Mailed to Carlton B Parks.
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Filing 11
ORDER OF RECUSAL.Signed by Magistrate Judge Christopher H Steger on 1/12/2024. (BJL)*Mailed to Carlton B Parks 4904 Renezet Drive Chattanooga, TN 37416
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Filing 10
ORDER: Pursuant to 28 U.S.C. 455, the undersigned has recused himself in this action. Accordingly, it is hereby ORDERED that this case is REASSIGNED to the Honorable Thomas Thomas A. Varlan, United States District Judge, for all further proceedings. Signed by District Judge Travis R McDonough on 1/11/2024. (BJL) Modified on 1/11/2024 (BJL). *Mailed to Carlton B Parks 4904 Renezet Drive Chattanooga, TN 3741
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Filing 9
ORDER RELATING CASES. Pursuant to Local Rule 3.2(d)(3), the undersigned finds that the above-captioned case is related to Case No. 1:19-cv-00349. The Court finds that these cases arise out of the same transaction or occurrence and involve one or more of the same parties. Therefore, the two cases are related. See E.D. Tenn. L.R. 3.2(d)(3)(A)(1). Because the first of these cases was assigned to District Judge Travis R. McDonough and Magistrate Judge Christopher H. Steger, this case will also be assigned to those same judges. However, consolidation is not ordered. This entry is the complete order of the Court. No document is attached. Signed by Magistrate Judge Christopher H Steger on 1/10/2024. (Steger, Christopher) Modified on 1/11/2024 (BJL). *Mailed to Carlton B Parks 4904 Renezet Drive Chattanooga, TN 37416
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| Filing 8 NOTICE of Appearance by William R Hannah on behalf of Evans, Harrison, Hackett, PLLC (Hannah, William) |
| Filing 7 NOTICE of Appearance by William R Hannah on behalf of John C. Harrison (Hannah, William) |
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Filing 6
ORDER OF RECUSAL.Signed by District Judge Travis R McDonough on 1/10/2024. (BJL)*Mailed to Carlton B. Parks 4904 Renezet Dr. Chattanooga, TN 37416
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Filing 5
Order Governing Sealing Confidential Information, Signed by District Judge Travis R McDonough on 1/9/2024. (BJL)*Mailed to Carlton B Parks 4904 Renezet Drive Chattanooga, TN 37416
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Filing 4
Order Governing Motions To DismissSigned by District Judge Travis R McDonough on 1/9/2024. (BJL)*Mailed to Carlton B Parks 4904 Renezet Drive Chattanooga, TN 37416
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Filing 3
Order Governing Depositions,Signed by District Judge Travis R McDonough on 1/9/2023. (BJL)*Mailed to Carlton B Parks4904 Renezet DriveChattanooga, TN 37416
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| Filing 2 Notice Regarding Requirement to Notify Court of Change of Address (BJL) *Mailed to Carlton B Parks 4904 Renezet Drive Chattanooga, TN 37416 |
| An email has been sent to Judge McDonough's and Judge Steger's Chambers notifying that this case may be related to 1:19-cv-349-TRM-CHSParks v. United States of America et al (BJL) Modified on 1/10/2024 (BJL). |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405.00, receipt no. 100000885), filed by Carlton B Parks.(BJL) |
| No summons received with initiating documents. Therefore, summons not issued as to All Defendants. (BJL)*Mailed to Carlton B Parks 4904 Renezet Drive Chattanooga, TN 37416 |
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