Whiting et al v. Trew et al
| Glenn Whiting, ARD Properties and ARD Property Management |
| City of Athens, Chris Trew and Seth Sumner |
| Randy Whiting, Andy Brusseau and Marie Gasser |
| 3:2020cv00054 |
| February 6, 2020 |
| US District Court for the Eastern District of Tennessee |
| Travis R McDonough |
| Debra C Poplin |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
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Filing 235
SEALED Document-Unredacted Verdict Form (DJH)
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Filing 234
JURY VERDICT. (DJH)
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Filing 233
Jury Notes. (DJH)
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Filing 232
Minute Entry for proceedings held before District Judge Travis R McDonough: 3rd Day of Jury Trial completed on 4/27/2022. Jury Verdict in favor of defendants; Counsel waived polling (Court Reporter Elizabeth Coffey) (DJH)
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Filing 231
WITNESS LIST by City of Athens, Seth Sumner(in his individual capacity), Chris Trew (in his individual capacity), Glenn Whiting. (DJH)
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Filing 230
JOINT EXHIBIT LIST by City of Athens, Seth Sumner(in his individual capacity), Chris Trew(in his individual capacity), Glenn Whiting. (DJH)
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Filing 229
Minute Entry for proceedings held before District Judge Travis R McDonough: 2nd Day of Jury Trial held on 4/26/2022. Trial continued to April 27, 2022 at 9:00 am and Jury return at 10:00 am (Court Reporter Elizabeth Coffey) (DJH)
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Filing 228
Minute Entry for proceedings held before District Judge Travis R McDonough: 1st Day of Jury Trial began on 4/25/2022. Trial continued until Tuesday, April 26, 2022 at 9:00 am. (Court Reporter Elizabeth Coffey) (DJH)
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Filing 227
MEMORANUM AND ORDER denying #223 Motion for Reconsideration re #223 MOTION for Reconsideration of Motion to Exclude filed by Glenn Whiting.The Court GRANTS IN PART AND DENIES IN PART #212 . Signed by District Judge Travis R McDonough on April 19, 2022. (SAC)
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Filing 226
SUBPOENA Returned Executed as to Connie Ammerman Whiting on 04/07/2022 (Taylor, Emily)
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Filing 225
REPLY to Response to Motion re #223 MOTION for Reconsideration of Motion to Exclude filed by Glenn Whiting. (Irion, Van)
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Filing 224
RESPONSE in Opposition re #223 MOTION for Reconsideration of Motion to Exclude Irrelevant and Prejudicial Evidence filed by City of Athens. (Pilkington, Dan)
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Filing 223
MOTION for Reconsideration of Motion to Exclude by Glenn Whiting. (Attachments: #1 Supplement Athens Ordinances)(Irion, Van)
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Filing 222
REPLY TO RESPONSE re #221 Response Defendant's Reply In Support of Renewed Motion for Judgment as a Matter of Law Pursuant to Rule 50(b). (Pilkington, Dan)
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Filing 221
RESPONSE re #212 Memorandum in Support (non-motion),, Plaintiff's Brief in Opposition to Defendant's Rule 50 Motion. (Irion, Van)
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Filing 220
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/13/2022 (Jury Trial, Third Day of Trial, Excerpt of Proceedings, Closing Argument for the Defense), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (EBC)
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Filing 219
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/13/2022 (Jury Trial, Third Day of Trial, Excerpt of Proceedings, Testimony of Glenn Whiting), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (EBC)
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Filing 218
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/13/2022 (Jury Trial, Third Day of Trial, Excerpt of Proceedings, Testimony of John H. Coker), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (EBC)
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Filing 217
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/13/2022 (Jury Trial, Third Day of Trial, Excerpt of Proceedings, Testimony of Michael Keith), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (EBC)
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Filing 216
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/11/2022 (Jury Trial, Second Day of Trial, Excerpt of Proceedings, Testimony of James Efaw and Keith Price), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (EBC)
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Filing 215
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/10/2022 (Jury Trial, First Day of Trial, Excerpt of Proceedings, Testimony of Cecil Austin Fesmire, III), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (EBC)
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Filing 214
ORDER granting #213 Motion for Extension of Time to File Response/Reply re #213 MOTION for Extension of Time to File Response/Reply as to #212 Memorandum in Support (non-motion),, D's R.50 Mtn.. Plaintiff is ORDERED to file his response brief no later than seven days after he receives the trial transcript or March 21, 2022, whichever is earlier. Signed by District Judge Travis R McDonough on 3/3/2022. (CNC)
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Filing 213
MOTION for Extension of Time to File Response/Reply as to #212 Memorandum in Support (non-motion),, D's R.50 Mtn. by Glenn Whiting. (Attachments: #1 Exhibit Draft Opposition Br.)(Irion, Van)
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Filing 212
MEMORANDUM in Support re #200 Order,,,,, as to Defendant's Renewed Motion for Judgment as a Matter of Law Pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. (Attachments: #1 Other Trial Testimony of Ammerman, Don, #2 Other Trial Testimony of Casteel, Anthony Ray, #3 Other Trial Testimony of Gravley, Matthew (Day 1 and 3), #4 Other Trial Testimony of McConkey, Gene, #5 Other Trial Testimony of Pettit, Gayle, #6 Other Trial Testimony of Sellers, Leslie, #7 Other Trial Testimony of Trew, Chris, #8 Other Trial Testimony of Whiting, Glenn)(Pilkington, Dan)
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Filing 211
COURT REPORTER NOTES OF PROCEEDINGS filed by Elizabeth Coffey of Jury Trial before Judge Travis R. McDonough on 1/18/2022. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Travis R. McDonough on 1/18/2022. By s/ Elizabeth Coffey. (Court Reporter Notes are viewable by court staff only). (EBC)
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Filing 210
COURT REPORTER NOTES OF PROCEEDINGS filed by Elizabeth Coffey of Jury Trial before Judge Travis R. McDonough on 1/14/2022. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Travis R. McDonough on 1/14/2022. By s/ Elizabeth Coffey. (Court Reporter Notes are viewable by court staff only). (EBC)
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Filing 209
COURT REPORTER NOTES OF PROCEEDINGS filed by Elizabeth Coffey of Jury Trial before Judge Travis R. McDonough on 1/13/2022. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Travis R. McDonough on 1/13/2022. By s/ Elizabeth Coffey. (Court Reporter Notes are viewable by court staff only). (EBC)
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Filing 208
COURT REPORTER NOTES OF PROCEEDINGS filed by Elizabeth Coffey of Telephonic Status Conference before Judge Travis R. McDonough on 1/12/2022. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Travis R. McDonough on 1/12/2022. By s/ Elizabeth Coffey. (Court Reporter Notes are viewable by court staff only). (EBC)
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Filing 207
COURT REPORTER NOTES OF PROCEEDINGS filed by Elizabeth Coffey of Jury Trial before Judge Travis R. McDonough on 1/11/2022. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Travis R. McDonough on 1/11/2022. By s/ Elizabeth Coffey. (Court Reporter Notes are viewable by court staff only). (EBC)
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Filing 206
COURT REPORTER NOTES OF PROCEEDINGS filed by Elizabeth Coffey of Jury Trial before Judge Travis R. McDonough on 1/10/2022. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Travis R. McDonough on 1/10/2022. By s/ Elizabeth Coffey. (Court Reporter Notes are viewable by court staff only). (EBC)
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Filing 205
COURT REPORTER NOTES OF PROCEEDINGS filed by Elizabeth Coffey of Final Pretrial Conference before Judge Travis R. McDonough on 12/28/2021. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Travis R. McDonough on 12/28/2021. By s/ Elizabeth Coffey. (Court Reporter Notes are viewable by court staff only). (EBC)
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Filing 204
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/13/2022 (Jury Trial, Third Day of Trial, Excerpts of Proceedings, Testimony of Ammercan, Gravley, and Sellers), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 2/18/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/28/2022. (EBC)
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Filing 203
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/11/2022 (Jury Trial, Second Day of Trial, Excerpts of Proceedings, Testimony of Gravley, Trew, McConkey, Petit, and Trew), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 2/18/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/28/2022. (EBC)
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Filing 202
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/10/2022 (Jury Trial, First Day of Trial, Excerpt of Proceedings, Testimony of Whiting, Casteel, and Gravley), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number 423.267.7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 2/18/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/28/2022. (EBC)
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Filing 201
COURT REPORTER NOTES OF PROCEEDINGS filed by Stephanie Fernandez of chambers conference before Judge Travis R. McDonough on 1-18-22. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Travis R. McDonough on 1-18-22. By s/ Stephanie Fernandez. (Court Reporter Notes are viewable by court staff only). (SF)
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Filing 200
ORDER: The Court ORDERS the following post-trial briefing schedule with respect to the Defendant's renewed motion for judgment as a matter of law: 1. Defendant will have fourteen days from the date it receives the trial transcript, but no later than March 7, 2022, to file a memorandum in support of the renewed motion for judgment as a matter of law, which will be no more than twenty pages in length. 2. Plaintiff will have fourteen days from the date Defendant files its memorandum in support of the motion, but no later than March 21, 2022, to file a brief in response, which will be no more than twenty pages in length. 3. Defendant will have seven days from the filing of Plaintiff's response to file a brief in reply, but no later than March 28, 2022, which will be no more than five pages in length. Additionally, because the jury was unable to reach a verdict and a mistrial was declared in this matter, the Court hereby SETS the following new trial date: 1. Trial: The trial of this case will be held in Chattanooga before the United States District Judge and a jury beginning on April 25, 2022, at 9:00 a.m. If this case is not heard immediately, it will be held in line until the following day or anytime during the week of the scheduled trial date. Signed by District Judge Travis R McDonough on 1/21/2022. (AWS)
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Filing 199
USCA Case Number 22-5049 for #198 Notice of Appeal filed by Glenn Whiting, ARD Property Management. (ABF)
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Filing 198
NOTICE OF APPEAL as to #178 Order on Motion for Summary Judgment,, by ARD Property Management, Glenn Whiting. Filing fee $ 505, receipt number ATNEDC-4949593. (Irion, Van)
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Filing 197
Jury Notes. (DJH)
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Filing 196
Minute Entry for proceedings held before District Judge Travis R McDonough: 5th Day of Jury Trial completed on 1/18/2022. Jury was unable to reach a verdict. Court declared a mistrial. (Court Reporter Elizabeth Coffey) (DJH)
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Filing 195
Minute Entry for proceedings held before District Judge Travis R McDonough: 4th Day of Jury Trial held on 1/14/2022. Jury to continue deliberation on Tuesday at 9:00 a.m.(Court Reporter Elizabeth Coffey) (DJH)
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Filing 194
Jury Notes. (Attachments: #1 Other Jury Notes)(DJH)
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Filing 193
JOINT EXHIBIT LIST by ARD Properties, City of Athens, Seth Sumner(in his individual capacity), Chris Trew (in his individual capacity), Glenn Whiting. (Attachments: #1 Joint Exhibit List)(DJH)
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Filing 192
Minute Entry for proceedings held before District Judge Travis R McDonough: 3rd Day of Jury Trial held on 1/13/2022. Jury retired to deliberated on 1/13/2022; Jury deliberations to continue on 1/14/2022 at 9:00 a.m.(Court Reporter Elizabeth Coffey) (DJH)
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Filing 191
WITNESS LIST by City of Athens, Seth Sumner(in his individual capacity), Chris Trew(in his individual capacity), Glenn Whiting. (DJH)
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Filing 190
Minute Entry for proceedings held before District Judge Travis R McDonough: 2nd of Jury Trial held on 1/11/2022. Trial to continue on Thursday, January 13, 2022 at 9:00 a.m.(Court Reporter Elizabeth Coffey) (DJH)
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Filing 189
FINAL PRETRIAL ORDER. Signed by District Judge Travis R McDonough on 1/11/22. (CNC)
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Filing 188
Minute Entry for proceedings held before District Judge Travis R McDonough: 1st Day of Jury Trial held on 1/10/2022. Trial to continue on Tuesday, January 11, 2022 at 9:00 a.m. (Court Reporter Elizabeth Coffey) (DJH)
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Filing 187
Stipulation re Punitive damages and reserving post-appeal rights by Glenn Whiting (Irion, Van) Modified text on 1/6/2022 (ABF).
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Filing 186
SUBPOENA Returned Executed as to Connie Ammerman on 12/23/2021 (Taylor, Emily)
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Filing 185
SUBPOENA Returned Executed as to Gayle Petitt on 12/23/2021 (Taylor, Emily)
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Filing 184
ORDER denying #94 Motion for Sanctions; denying #95 Motion for Sanctions; denying #105 Motion for Sanctions; denying #107 Motion for Sanctions; denying #141 Motion ; denying #142 Motion ; denying #143 Motion ; denying #144 Motion ; denying #160 Motion for Leave to File Document; denying #168 Motion in Limine; granting in part and denying in part #169 Motion in Limine. Plaintiff also ORDERED to stipulate by Wednesday, January 5, 2022, whether he will seek punitive damages, and, if so, the legal basis on which that claim rests. Signed by District Judge Travis R McDonough on 1/3/22. (CNC)
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Filing 183
TEXT ORDER Pursuant to Standing Order SO-21-19 and judicial preferences, all parties, counsel, jurors, witnesses, and any other individuals in attendance at the jury trial in this case will be required to wear masks at all times in Court, regardless of vaccination status. Signed by District Judge Travis R. McDonough on 12/31/2021. (ACC)
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Filing 182
Minute Entry for proceedings held before District Judge Travis R McDonough: Final Pretrial Conference held on 12/28/2021. (Court Reporter Elizabeth Coffey) (BJL)
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Filing 181
PROPOSED PRETRIAL ORDER by Glenn Whiting and by City of Athens, Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit Joint Exhibit List)(Pilkington, Dan)
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Filing 180
TEXT ORDER The Final Pretrial Conference is RESET for 12/28/2021 at 01:00 PM in Courtroom 3 - Chattanooga before District Judge Travis R. McDonough.Signed by District Judge Travis R. McDonough on 12/23/2021. (ACC)
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Filing 179
TRIAL BRIEF of the Plaintiffs by ARD Property Management, Glenn Whiting. (Irion, Van)
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Filing 178
ORDER- the Court GRANTS IN PART Defendants motion for summary judgment (Doc. 84) with respect to all claims against individual Defendants Sumner and Trew, all claims brought by Plaintiff ARD Properties, and Plaintiffs procedural due process claim, and these claims are DISMISSED WITH PREJUDICE. The Court will DENY IN PART Defendants motion for summary judgment (Doc. 84) with respect to Whitings First Amendment retaliation and declaratory and injunctive relief claims. Signed by District Judge Travis R McDonough on 12/22/21. (CNC)
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Filing 177
TRIAL BRIEF by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 176
REPLY to Response to Motion re #168 Fifth MOTION in Limine to exclude illegally obtained photos filed by ARD Property Management, Glenn Whiting. (Irion, Van)
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Filing 175
Proposed Jury Instructions by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 174
RESPONSE in Opposition re #168 Fifth MOTION in Limine to exclude illegally obtained photos filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 01: E-mail Chain between counsel)(Pilkington, Dan)
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Filing 173
Proposed Jury Instructions by ARD Property Management, Glenn Whiting. (Irion, Van)
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Filing 172
RESPONSE in Opposition re #169 MOTION in Limine and Memorandum filed by ARD Property Management, Glenn Whiting. (Irion, Van)
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Filing 171
NOTICE by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens) of Service of Defendant Seth Sumner's Response to Plaintiff ARD Property Management's Requests for Admission (Pilkington, Dan)
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Filing 170
ORDER, the Court finds Plaintiffs' Motion to Compel #137 well taken, and it is GRANTED. Defendant Sumner SHALL respond to the RFAs within seven (7) days of entry of the instant Order. Signed by Magistrate Judge Debra C. Poplin on 12/8/21. (ADA)
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Filing 169
MOTION in Limine and Memorandum by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit A-Plaintiffs' PT Ex 53, Couch Council Testimony (JA 809-824), #2 Exhibit B-[Doc. 160-2], Excerpt of Proceedings of Special Called Meeting 08-10-21 - Couch, #3 Exhibit C-Plaintiffs PT Exs 65-68, Coker Depo Exs 13-17 (Coker Resignation Documents), #4 Exhibit D-Plaintiffs PT Ex 50 (JA 800-803), Fesmire Discipline Memo, #5 Exhibit E-Plaintiffs PT Ex 51 (JA 804-807), Fesmire Memo re Discipline, #6 Exhibit F-Plaintiffs PT Ex 52 (JA 808), Sumner Final Memo re Fesmire Discipline, #7 Exhibit G-Plaintiffs PT Ex 32 (JA 737), also May Usel Ex 21, Minutes of ARD Property Mgmt. 07-13-21 Meeting, #8 Exhibit H-Complaint filed 08-24-2021, McMinn Co. Cir. Ct. No. 2021-cv-297 w- Exhibits, #9 Exhibit I-Complaint filed 10-04-2021, McMinn Co. Chan. Ct. No. 2021-cv-300., #10 Exhibit J-Plaintiffs PT Exs 27-31, 38-39, 42-45, 56, 63, also Plaintiff's May Use Ex 6 (Fisher Building Photos), #11 Exhibit K-Plaintiffs PT Ex 46 (JA 790), Post Athenian Neighbor Bldg. Photo, #12 Exhibit L-Plaintiffs PT Ex 47 (JA 791), Furniture Building Photo, #13 Exhibit M-Plaintiffs PT Exs 40, 57, also May Use Ex 7 (JA 777), Other Building Photo, #14 Exhibit N-Plaintiffs PT Ex 61, Gravely Depo Exs 1-5), Photos of Buildings, #15 Exhibit O-Plaintiffs PT Ex 64, McConkey Depo Exs 2-5, Photos of Buildings, #16 Exhibit P-Plaintiffs PT Ex 65, Coker Depo Ex 13-14, Property Assessor Doc for John Coker's Building, #17 Exhibit Q-Whiting Dep Vol. I-II Excerpts where 5th Amend was pled, #18 Exhibit R-ARD Properties Discovery Responses, #19 Exhibit S-Whiting Discovery Responses)(Pilkington, Dan)
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Filing 168
Fifth MOTION in Limine to exclude illegally obtained photos by ARD Property Management, Glenn Whiting. (Irion, Van)
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Filing 167
EXHIBIT LIST Defendants' Pretrial Disclosures Pursuant to Rule 26a3Aii and iii by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens).. (Pilkington, Dan)
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Filing 166
EXHIBIT LIST Pre-Trial Disclosures by ARD Property Management, Glenn Whiting.. (Irion, Van)
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Filing 165
RESPONSE TO OBJECTION #161 to Magistrate Judge Order, Denying In-Camera Review filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity). (Pilkington, Dan)
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Filing 164
REPLY to Response to Motion re #160 MOTION for Leave to File Supplement re Pls. Mtn. for Sanctions re Witness Intimidation filed by ARD Property Management, Glenn Whiting. (Attachments: #1 Exhibit Partial Depo Transcr. Sumner)(Irion, Van)
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Filing 163
RESPONSE in Opposition re #160 MOTION for Leave to File Supplement re Pls. Mtn. for Sanctions re Witness Intimidation filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 162
ANSWER to #159 Amended Complaint for Damages, Declaratory Relief, and Injunctive Relief by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens).(Pilkington, Dan)
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Filing 161
OBJECTION re #157 Order Denying In-Camera Review by Plaintiffs ARD Property Management, Glenn Whiting, Movant Marie Gasser. (Irion, Van)
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Filing 160
MOTION for Leave to File Supplement re Pls. Mtn. for Sanctions re Witness Intimidation by Glenn Whiting, ARD Property Management. (Attachments: #1 Supplement Proposed Supplement, #2 Exhibit Transcript Couch 8-10-21 Council mtn., #3 Exhibit Transcript Sumner 8-10-21 Council mtg.)(Irion, Van)
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Plaintiff's Supplemental Appendix received on disc and placed in the appropriate drawer in the Clerk's Office. (CNC)
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Filing 159
AMENDED COMPLAINT Second Amd. Compl. against City of Athens, Seth Sumner(in his individual capacity), Chris Trew(in his individual capacity)., filed by ARD Properties, Glenn Whiting.(Irion, Van)
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Filing 158
ORDER granting #119 Motion to Substitute Party. The Plaintiffs are ORDERED to amend the complaint for the solepurpose of correcting the party name. Signed by District Judge Travis R McDonough on 10/14/2021. (CNC)
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Filing 157
MEMORANDUM AND ORDER denying #130 Motion for Protective Order; denying #138 Motion to Compel. Marie Gasser SHALL respond to the subpoena within fourteen (14) days of the instant Memorandum and Order, and any documents produced SHALL be subject to the same protections as provided in [Doc. 126]. Signed by Magistrate Judge Debra C Poplin on 10/13/2021. (KMK)
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Filing 156
SUPPLEMENT to the Joint Appendix by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 155
REPLY to Response to Motion re #84 MOTION for Summary Judgment filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 154
REPLY to Response to Motion re #144 Fourth MOTION re #86 Supplement, to exclude JA 74-100 & 120-129 filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 153
REPLY to Response to Motion re #142 Second MOTION re #92 Supplement, to exclude JA 550-558, #141 First MOTION Exclude Evidence re #90 Supplement, JA 433; PageID#1468, #143 Third MOTION re #92 Supplement, exclude evidence JA 559-565 & 569-570 filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 152
ORDER granting #150 Motion for Extension of Time to File Response/Reply Response due by 10/4/2021. Signed by District Judge Travis R McDonough on 9/24/21. (CNC)
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Filing 151
RESPONSE in Opposition re #142 Second MOTION re #92 Supplement, to exclude JA 550-558, #143 Third MOTION re #92 Supplement, exclude evidence JA 559-565 & 569-570, #141 First MOTION Exclude Evidence re #90 Supplement, JA 433; PageID#1468, #144 Fourth MOTION re #86 Supplement, to exclude JA 74-100 & 120-129 filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit A Gayle Pettit Deposition, #2 Exhibit B Exhibit 9 of Gayle Pettit Depo, #3 Exhibit C Matthew Gravley Deposition, #4 Exhibit D Exhibit 19 of Matthew Gravley Depo, #5 Other Affidavit fo Anthony Casteel)(Pilkington, Dan)
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Filing 150
MOTION for Extension of Time to File Response/Reply in Support of Motion for Summary Judgment by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1 Declaration of Dan R. Pilkington)(Pilkington, Dan)
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Filing 149
SUPPLEMENT to #147 Response in Opposition to Motion, #148 Supplement by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 148
SUPPLEMENT to #147 Response in Opposition to Motion by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 147
RESPONSE in Opposition re #84 MOTION for Summary Judgment filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 146
REPLY to Response to Motion re #138 Third MOTION to Compel and Memorandum in Support with Rule 37(a)(1) Certificate of Good Faith filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Taylor, Emily)
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Filing 145
REPLY to Response to Motion re #137 MOTION to Compel Sumner Responses to RFAs filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 144
Fourth MOTION re #86 Supplement, to exclude JA 74-100 & 120-129 by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 143
Third MOTION re #92 Supplement, exclude evidence JA 559-565 & 569-570 by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 142
Second MOTION re #92 Supplement, to exclude JA 550-558 by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 141
First MOTION Exclude Evidence re #90 Supplement, JA 433; PageID#1468 by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 140
RESPONSE in Opposition re #137 MOTION to Compel Sumner Responses to RFAs filed by Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens). (Taylor, Emily)
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Filing 139
RESPONSE in Opposition re #138 Third MOTION to Compel and Memorandum in Support with Rule 37(a)(1) Certificate of Good Faith filed by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Taylor Ltr. to Zimmerman)(Irion, Van)
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NOTICE of CANCELLATION of Telephone Conference set for 9/2/2021. (MGD)
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Filing 138
Third MOTION to Compel and Memorandum in Support with Rule 37(a)(1) Certificate of Good Faith by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1: Defendants' 5th Requests for Production of Documents to Plaintiff ARD Properties, #2 Exhibit 2: Plaintiff ARD Properties' Response to Defendants' 5th Requests for Production of Documents)(Taylor, Emily)
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Filing 137
MOTION to Compel Sumner Responses to RFAs by ARD Properties, Glenn Whiting. (Attachments: #1 Affidavit Decl. of Whiting, #2 Exhibit Partial Depo. Whiting)(Irion, Van)
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Filing 136
REPLY to Response to Motion re #130 First MOTION for Protective Order for In-Camera review filed by Marie Gasser. (Attachments: #1 Exhibit Taylor Ltr. to Zimmerman)(Irion, Van)
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NOTICE of Hearing: Telephone conference set for 9/2/2021 11:00 AM before Magistrate Judge Debra C Poplin. Please use the following teleconference information for the call. Teleconference # 888-808-6929 Access code 2517803 (JBR)
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Filing 135
SUBPOENA Returned Executed as to Records Custodian for ABC Supply Co., Inc. on 08/11/2021 (Taylor, Emily)
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Filing 134
NOTICE by Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens) of Objection to Request for Admissions (Attachments: #1 Exhibit 1 Plaintiff ARD Property Management's Requests for Admissions Propounded Upon Defendant Seth Sumner)(Pilkington, Dan)
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Filing 133
RESPONSE in Opposition re #130 First MOTION for Protective Order for In-Camera review filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1: Subpoena Issued and Served on Marie Gasser, #2 Exhibit 2: Declaration of Marie Gasser, #3 Exhibit 3: Plaintiff's Resp to Defendants' Request for Production)(Taylor, Emily)
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Filing 132
SUBPOENA Returned Executed as to Marie Gasser on 08/02/2021 (Attachments: #1 Exhibit A to Subpoena Issued to Marie Gasser)(Taylor, Emily)
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Filing 131
NOTICE by ARD Properties re #123 Order, notice of service of RFP responses (Irion, Van)
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Filing 130
First MOTION for Protective Order for In-Camera review by Marie Gasser. (Attachments: #1 Other Prop. Prot. Or., #2 Exhibit Ex. Gasser Subpoena, #3 Exhibit Ex. Gasser Accountant Subpoena)(Irion, Van)
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Filing 129
NOTICE of Appearance by Van R Irion on behalf of Marie Gasser (Irion, Van)
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Filing 128
SUBPOENA Returned Executed as to Records Custodian for Kenneth Frenke & Co. on 08/03/2021 (Attachments: #1 Exhibit A: Documents to produce and compliance information)(Taylor, Emily)
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Filing 127
REPLY to Response to Motion re #119 First MOTION to Substitute Party Correct Misnomer filed by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit D's July 22, 2021 RFPs)(Irion, Van)
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Filing 126
PROTECTIVE ORDER. Signed by Magistrate Judge Debra C Poplin on 8/6/21. (ABF)
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Filing 125
NOTICE by ARD Properties, Glenn Whiting re #123 Order, Proposed Protective Order (Irion, Van)
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Filing 124
RESPONSE to Motion re #119 First MOTION to Substitute Party Correct Misnomer filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 123
ORDER: The Court ORDERS Plaintiffs to submit a proposed protective order with respect to the financial information of Plaintiff ARD Properties/ARD Property Management for the Courts review within seven (7) days. The Court further ORDERS Plaintiffs to respond to the above discovery within fourteen (14) days. Signed by Magistrate Judge Debra C Poplin on 7/29/21. (ABF)
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Filing 122
NOTICE by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens) of Service of Defendants' Fifth Set of Requests for Production of Documents to Plaintiff ARD Properties (Taylor, Emily)
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Filing 121
STATUS REPORT as requested by this Court's Order [Doc. 118] by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1: Proposed Defendants' Fifth Set of Requests for Production of Documents)(Pilkington, Dan)
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Filing 120
NOTICE by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens) of Service of Defendants' Fourth Set of Requests for Production to Plaintiff ARD Properties (Taylor, Emily)
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Filing 119
First MOTION to Substitute Party Correct Misnomer by ARD Properties, Glenn Whiting. (Attachments: #1 Affidavit Decl. Connie Ammerman II)(Irion, Van)
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Filing 118
ORDER. In the Joint Status Report #114 , the parties dispute the relevancy of Plaintiff ARD Properties' financial information and tax returns. Accordingly, in order to resolve this issue, the Court ORDERS Defendants to file in CM/ECF the narrowly tailored discovery requests they plan to serve on Plaintiffs within seven (7) days of the instant Order. Signed by Magistrate Judge Debra C. Poplin on 7/16/21. (ADA)
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Filing 117
STATUS REPORT Defendants' Position Statement by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 116
[RE-FILED AS DOC. #117 DUE TO CLERICAL ERROR/INCOMPLETE PDF] STATUS REPORT Defendants' Position Statement by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan) Modified text on 7/14/2021 (JBR).
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Filing 115
STATUS REPORT Plaintiffs' Position Statement by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Screen shots)(Irion, Van)
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Filing 114
STATUS REPORT Joint Status Report by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1 Pls Disclosure in Response to Court Order of June 30, 2021)(Pilkington, Dan)
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Filing 113
SCHEDULING ORDER: Jury Trial set for 1/10/2022 09:00 AM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough. Final Pretrial Conference set for 12/27/2021 03:00 PM in Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 7/2/2021. (BJL)
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Filing 112
MEMORANDUM AND ORDER: the Court GRANTS IN PART Andy Brusseau's Motion to Quash [Doc. 47], GRANTS IN PART Plaintiffs' Motion for Protective Order, [Doc. 61], DENIES IN PART Defendants' Motion to Compel [Doc. 65], and GRANTS IN PART Plaintiffs' Motion to Depose [Doc. 72]. The Court HOLDS IN ABEYANCE Defendants' request for Plaintiff ADR Properties' financial information and tax returns pending the joint status report from the parties. Signed by Magistrate Judge Debra C Poplin on June 30, 2021. (AYB)
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Filing 111
REPLY to Response to Motion re #107 Fourth MOTION for Sanctions for yet another example of withholding evidence filed by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit D's Resp. to RFPs, #2 Supplement Tx. precedent)(Irion, Van)
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Filing 110
RESPONSE in Opposition re #107 Fourth MOTION for Sanctions for yet another example of withholding evidence filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 109
REPLY to Response to Motion re #105 Third MOTION for Sanctions for additional Willful Withholding of Evidence filed by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Part. Depo Sumner)(Irion, Van)
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Filing 108
RESPONSE in Opposition re #105 Second MOTION for Sanctions for additional Willful Withholding of Evidence filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Other Partial Transcript of Seth Sumner Deposition)(Pilkington, Dan) Modified text on 5/14/2021 (JBR).
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Filing 107
Fourth MOTION for Sanctions for yet another example of withholding evidence by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Plfs. 1st RFPs, #2 Exhibit Ds' Resp. to Plfs. 1st RFPs, #3 Exhibit Fesmire Memo)(Irion, Van)
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Filing 106
ORDER granting #99 Motion for Extension of Time to File Response/Reply ; granting #103 Motion for Extension of Time to File Response/Reply. Signed by District Judge Travis R McDonough on 4/30/21. (GRE)
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Filing 105
Second MOTION for Sanctions for additional Willful Withholding of Evidence by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Disciplinary Memos, #2 Exhibit Ntc. Service P's MIDs, #3 Exhibit Plfs. 2nd Amd. MIDs, #4 Exhibit Defs.' Resp. to RFPs)(Irion, Van) Modified text on 4/29/2021 (JBR).
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Filing 104
RESPONSE in Opposition re #103 Second MOTION for Extension of Time to File Response/Reply as to #84 MOTION for Summary Judgment filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit Email dated April 20, 2021)(Pilkington, Dan)
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Filing 103
Second MOTION for Extension of Time to File Response/Reply as to #84 MOTION for Summary Judgment by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 102
REPLY to Response to Motion re #95 MOTION for Sanctions Spoliation for Intentional Withholding of Evidence filed by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Ds Resp. to P's RFPs, #2 Exhibit Trew Resp. to P's RFAs)(Irion, Van)
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Filing 101
REPLY to Response to Motion re #94 MOTION for Sanctions for Witness Intimidation filed by ARD Properties, Glenn Whiting. (Attachments: #1 Affidavit Decl. of Whiting)(Irion, Van)
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Filing 100
RESPONSE to Motion re #99 MOTION for Extension of Time to File Response/Reply as to #84 MOTION for Summary Judgment filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 99
MOTION for Extension of Time to File Response/Reply as to #84 MOTION for Summary Judgment by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 98
RESPONSE to Motion re #94 MOTION for Sanctions for Witness Intimidation, #95 MOTION for Sanctions Spoliation filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 03-11-21 Letter to Plaintiffs' Counsel, #2 Exhibit 03-11-21 E-Mail to Plaintiffs' Counsel, #3 Exhibit Plaintiffs' First Set of Interrogatories and Requests for Production of Documents)(Pilkington, Dan) Modified text on 4/16/2021 (JBR).
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Filing 97
REPLY to Response to Motion re #83 MOTION Prohibit D's use of expert evidence in dispositive motion(s) filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 96
RESPONSE to Motion re #83 MOTION Prohibit D's use of expert evidence in dispositive motion(s) filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 95
MOTION for Spoliation by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Order re Pope Bldg., #2 Exhibit Email, #3 Other Partial Depo Transcr. Trew, #4 Exhibit Def.s' Expert Report, #5 Other Partial Depo. Gravely, #6 Other Partial Depo. Sumner)(Irion, Van) Modified text on 4/5/2021 (JBR).
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Filing 94
MOTION for Sanctions for Witness Intimidation by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Disciplinary Memos, #2 Other Partial Depo. Transcr. Sumner, #3 Other Partial Depo. Fesmire, #4 Other Partial Depo. Keith)(Irion, Van)
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Filing 93
ORDER granting #81 Motion for Leave to File Document. Before the Court is Defendants motion for leave to file a memorandum of law and facts in support of Defendants motion for summary judgment in excess of the twenty-five (25) pagelimit provided by the Local Rules. (Doc. 81.) For good cause shown, Defendants motion (Doc.81) is GRANTED. Both Plaintiffs and Defendants may file a summary judgment memorandum in support of their motion or opposition up to thirty-five (35) pages in length. Signed by District Judge Travis R McDonough on 3/31/2021. (BDG)
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Filing 92
SUPPLEMENT to #84 MOTION for Summary Judgment Joint Appendix Supplement 7 by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 91
SUPPLEMENT to #84 MOTION for Summary Judgment Joint Appendix Supplement 6 by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 90
SUPPLEMENT to #84 MOTION for Summary Judgment Joint Appendix Supplement 5 by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 89
SUPPLEMENT to #84 MOTION for Summary Judgment Joint Appendix Supplement 4 by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 88
SUPPLEMENT to #84 MOTION for Summary Judgment Joint Appendix Supplement 3 by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 87
SUPPLEMENT to #84 MOTION for Summary Judgment Joint Appendix Supplement 2 by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 86
SUPPLEMENT to #84 MOTION for Summary Judgment Joint Appendix Supplement 1 by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 85
MEMORANDUM in Support of Motion re #84 MOTION for Summary Judgment filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 84
MOTION for Summary Judgment by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 83
MOTION Prohibit D's use of expert evidence in dispositive motion(s) by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit D's Expert Report)(Irion, Van)
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Filing 82
RESPONSE to Motion re #81 MOTION for Leave to File A Brief Exceeding Twenty-Five Pages Plaintiffs' do not oppose filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 81
MOTION for Leave to File A Brief Exceeding Twenty-Five Pages by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 80
REPLY to Response to Motion re #71 Second MOTION for Extension of Time to Complete Discovery filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 79
REPLY to Response to Motion re #72 First MOTION for Discovery for leave to depose additional witnesses filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 78
RESPONSE to Motion re #65 MOTION to Compel and Memorandum in Support, #61 MOTION for Protective Order filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 77
REPLY to Response to Motion re #65 MOTION to Compel and Memorandum in Support, #61 MOTION for Protective Order filed by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Partial Depo. Gravely, #2 Affidavit Decl. GW III, #3 Affidavit Decl. MG, #4 Affidavit Decl. GZ, #5 Exhibit Report of Efaw)(Irion, Van)
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Filing 76
RESPONSE to Motion re #72 First MOTION for Discovery for leave to depose additional witnesses for Continuance of Trial and Extension of Discovery and Related Deadlines filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Taylor, Emily)
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Filing 75
RESPONSE to Motion re #72 First MOTION for Discovery for leave to depose additional witnesses filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Other Deposition of Glenn Whiting, #2 Other Deposition of Chris Trew)(Taylor, Emily)
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Filing 74
REPLY to Response to Motion re #47 MOTION to Quash Subpoena, #72 First MOTION for Discovery for leave to depose additional witnesses filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 73
RESPONSE to Motion re #72 First MOTION for Discovery for leave to depose additional witnesses filed by Andy Brusseau. (Hollow, Richard)
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Filing 72
First MOTION for Discovery for leave to depose additional witnesses by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 71
Second MOTION for Extension of Time to Complete Discovery by ARD Properties, Glenn Whiting. (Attachments: #1 Affidavit)(Irion, Van)
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Filing 70
SUBPOENA Returned Executed as to James Efaw on February 17, 2021 (Attachments: #1 Exhibit A)(Pilkington, Dan)
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Filing 69
ORDER granting #68 Motion for Extension of Time to File Response/Reply. Plaintiffs SHALL file their reply brief to the motion for protective order [Doc. #61 ] and their response brief to Defendants' motion to compel [Doc. #65 ] on or before March 19, 2021. Signed by Magistrate Judge Debra C Poplin on 2/17/21. (JBR)
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Filing 68
MOTION for Extension of Time to File Response/Reply by ARD Properties, Glenn Whiting. (Attachments: #1 Affidavit Decl. Van Irion)(Irion, Van)
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Filing 67
SUBPOENA Returned Executed as to The Big Belly Deli on 02/02/2021 (Attachments: #1 Exhibit A Production)(Pilkington, Dan)
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Filing 66
RESPONSE in Opposition re #61 MOTION for Protective Order filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Taylor, Emily)
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Filing 65
MOTION to Compel and Memorandum in Support by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Taylor, Emily)
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Filing 64
WITNESS LIST by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 63
NOTICE by ARD Properties, Glenn Whiting Plaintiff's Final Witness List (Irion, Van)
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Filing 62
ANSWER to #56 Amended Complaint by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens).(Pilkington, Dan)
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Filing 61
MOTION for Protective Order by ARD Properties, Glenn Whiting. (Attachments: #1 Other Current Prop. Or., #2 Affidavit Decl. of ARD Properties, #3 Exhibit Def.s 3rd Set of Disc. Requests, #4 Exhibit email, #5 Exhibit Previous Prop. Prot. Or., #6 Exhibit Letter, #7 Exhibit partial depo GW, #8 Affidavit Decl GW)(Irion, Van)
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Filing 60
NOTICE by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens) of Service of Rule 34a2 Request to Permit Entry Onto 213 Pope Avenue, Athens, Tennessee (Pilkington, Dan)
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Filing 59
NOTICE by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens) of Service of the Rule 26a2 Expert Disclosures (Pilkington, Dan)
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Filing 58
ORDER: During the telephone conference, the Court found the line of questioning was not relevant to the issues raised in the instant case. As stated at the telephone conference, however, the Court will entertain motions regarding the issues raised during the telephone conference if the parties believe further briefing is warranted. Signed by Magistrate Judge Debra C Poplin on 1/15/21. (ABF)
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NOTICE of Hearing: Telephonic Conference set for 1/14/2020 02:45 PM before Magistrate Judge Debra C Poplin. The parties shall call the numbers previously provided. (JBR)
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Filing 57
REPLY to Response to Motion re #47 MOTION to Quash Subpoena filed by Andy Brusseau. (Hollow, Richard)
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Filing 56
AMENDED COMPLAINT against All Defendants., filed by ARD Properties, Glenn Whiting.(Irion, Van)
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Filing 55
ORDER: Because the deposition and document production are set prior to the Court being able to sufficiently review the Movant's and Plaintiffs' positions, compliance with the subpoena is hereby STAYED pending further review of the Court. Signed by Magistrate Judge Debra C Poplin on 1/11/21. (JBR)
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Filing 54
ORDER, Plaintiffs' Motion for Leave to File First Amended Complaint #51 is GRANTED. Plaintiffs SHALL FILE their First Amended Complaint [Doc. 51-1] as their operative pleading in CM/ECF on or before January 19, 2021. Signed by Magistrate Judge Debra C.Poplin on 1/5/21. (ADA)
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Filing 53
RESPONSE to Motion re #51 First MOTION to Amend/Revise Complaint filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Taylor, Emily)
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Filing 52
RESPONSE in Opposition re #47 MOTION to Quash Subpoena filed by ARD Properties, Glenn Whiting. (Attachments: #1 Affidavit Decl. of Whiting, #2 Exhibit Partial Depo Transcr. Coker, #3 Exhibit Partial Depo Transcr. Trew, #4 Exhibit Partial Depo Transcr. Pelly)(Irion, Van)
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Filing 51
First MOTION to Amend/Revise Complaint by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Proposed First Amd. Compl., #2 Exhibit Red line version prop. compl.)(Irion, Van)
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Filing 50
Administrative Notice to Van Irion re #49 Notice (Other): Disclosures under Federal Rule of Civil Procedure 26(a)(1) and (2), depositions, and discovery requests and responses must not be filed except in strict accordance with Federal Rule of Civil Procedure 5(d)(1). (JBR)
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Filing 49
NOTICE by ARD Properties, Glenn Whiting of service of R.26(a)(2) expert disclosure (Irion, Van)
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Filing 48
MEMORANDUM in Support of Motion re #47 MOTION to Quash Subpoena filed by Andy Brusseau. (Attachments: #1 Exhibit)(Hollow, Richard)
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Filing 47
MOTION to Quash Subpoena by Andy Brusseau. (Attachments: #1 Exhibit, #2 Exhibit)(Hollow, Richard)
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Filing 46
NOTICE by ARD Properties, Glenn Whiting Service of P's 2nd. Amd. MIDs (Attachments: #1 Other P's Amended MIDs)(Irion, Van)
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Filing 45
NOTICE by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens) of Service of Third Set of Interrogatories and Requests for Production of Documents (Taylor, Emily)
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Filing 44
MEMORANDUM AND ORDER: Defendants' Renewed Motion to Compel [Doc. #30 ] and Plaintiffs' Motion for Protective Order and to Quash Defendants' Subpoenas [Doc. #33 ] are DENIED. Signed by Magistrate Judge Debra C Poplin on 11/3/20. (JBR)
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Filing 43
AMENDED DOCUMENT by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). Amendment to #41 Response to Motion, Exhibit 1- IRS Form 4506. (Pilkington, Dan)
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Filing 42
Administrative Notice to Dan Pilkington re #41 Response to Motion: Error with pdf. There is an error when opening [Doc. 41] due to the attachment being a fillable pdf instead of a flattened pdf. Please flatten the documents and re-file. Requirements due by 10/13/2020. (JBR)
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Filing 41
RESPONSE to Motion re #33 MOTION for Protective Order and to Quash Defendant's Subpoenas - Supplemental filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1 IRS Form 4506)(Pilkington, Dan)
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Filing 40
AFFIDAVIT in Support re #33 MOTION for Protective Order and to Quash Defendant's Subpoenas filed by All Plaintiffs. (Attachments: #1 Affidavit Decl. of Whiting, #2 Other Proposed Prot. Or.)(Irion, Van)
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Filing 39
Minute Entry for proceedings held before Magistrate Judge Debra C Poplin: Motion Hearing held on 9/23/2020. The Court heard argument regarding Doc. #30 Defendant's Motion to Compel, and Doc. #33 Plaintiff's Motion for Protective Order. Testimony by the Plaintiff was also heard by the Court. The Court took these matters under advisement. The Court will allow Plaintiff's file a supplement to the Motion for Protective Order. The supplement should be filed no later than September 29, 2020. Any response by the Defendant shall be filed no later than October 6, 2020.(Court Reporter Terri Grandchamp) (RLK)
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Filing 38
AMENDED SCHEDULING ORDER granting #36 Motion for Extension of Time to Complete Discovery. Signed by District Judge Travis R McDonough on September 23, 2020. (SAC)
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Set/Reset Hearings: Final Pretrial Conference set for 6/28/2021 03:00 PM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough. Jury Trial set for 7/12/2021 09:00 AM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough. (SAC)
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Filing 37
NOTICE by ARD Properties, Glenn Whiting of service of R.26(a)(2) expert disclosure (Attachments: #1 Supplement Expert letter)(Irion, Van)
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Filing 36
MOTION for Extension of Time to Complete Discovery by ARD Properties, Glenn Whiting. (Irion, Van)
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NOTICE of Hearing: Motion Hearing to address Docs. #30 and #33 set for 9/22/2020 at 1:30 PM in Courtroom 1A - Knoxville before Magistrate Judge Debra C Poplin. (RLK) Modified and resent on 9/14/2020 (RLK) to note document numbers.
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Filing 35
REPLY to Response to Motion re #33 MOTION for Protective Order and to Quash Defendant's Subpoenas filed by ARD Properties, Randy Whiting. (Attachments: #1 Exhibit Email, #2 Exhibit email, #3 Exhibit email, #4 Exhibit email, #5 Exhibit email, #6 Exhibit email, #7 Exhibit partial depo GW, #8 Exhibit partial depo CT)(Irion, Van)
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Filing 34
RESPONSE to Motion re #33 MOTION for Protective Order and to Quash Defendant's Subpoenas filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1 Subpoenas Served, #2 Exhibit 2 Real Estate Assessment Data, #3 Exhibit 3 Correspondence, #4 Exhibit 4 Portion of Deposition of Glenn Whiting)(Pilkington, Dan)
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Filing 33
MOTION for Protective Order and to Quash Defendant's Subpoenas by ARD Properties, Glenn Whiting. (Attachments: #1 Exhibit Email, #2 Exhibit Partial Transcript, #3 Exhibit Letter from Defense Counsel, #4 Exhibit First Proposed Prot. Or., #5 Supplement Proposed Prot. Or.)(Irion, Van)
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Filing 32
RESPONSE to Motion re #30 MOTION to Compel MOTION for Sanctions or in the Alternative, Motion to Show Cause Renewed filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 31
RESPONSE in Opposition re #30 MOTION to Compel MOTION for Sanctions or in the Alternative, Motion to Show Cause Renewed filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 30
MOTION to Compel , MOTION for Sanctions or in the Alternative, Motion to Show Cause Renewed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pilkington, Dan)
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Filing 29
ORDER granting #14 Motion to Quash; granting in part and denying in part #25 Motion to Compel. Signed by Magistrate Judge Debra C Poplin on 6/22/20. (ABF)
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Filing 28
Minute Entry for proceedings held before Magistrate Judge Debra C Poplin: Motion Hearing held on 6/18/2020. The parties appeared before the Court for a motion hearing to address [Doc. #25 ] Defendant's Motion to Compel. Mr. Whiting was sworn, and provided testimony to the Court. The Court heard argument from counsel. The Court granted the Motion to Compel, and asked that the Plaintiff find the recordings and produce them within 14 days. If Plaintiff is unable to find the recordings, a sworn affidavit will need to be submitted to the Court. Depositions will need to be scheduled following the production. Order to follow.(Court Reporter DCR) (RLK)
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Filing 27
RESPONSE in Opposition re #25 MOTION to Compel and Memorandum in Support filed by ARD Properties, Glenn Whiting. (Irion, Van)
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Filing 26
ORDER: The Court will address Defendants' Motion to Compel [Doc. #25 ] on June 18, 2020, at 10:30 a.m., via video conference. The Court will contact the parties with the instructions on how to access the Court's video conference. Plaintiffs SHALL respond to Defendants' Motion to Compel [Doc. #25 ] on or before June 16, 2020. Plaintiff Glenn Whiting SHALL also be in attendance at the June 18 hearing. Signed by Magistrate Judge Debra C Poplin on 06/12/20. (JBR)
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Filing 25
MOTION to Compel and Memorandum in Support by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1 Plaintiff's Initial Disclosure Statement, #2 Exhibit 2 Glenn Whiting's Response to Defs First Set of ROGS and RFP, #3 Exhibit 3 ARD Properties Response to Defs First Set of ROGS and RFP, #4 Exhibit 4 May 8 2020 LTR to Van Irion, #5 Exhibit 5 Subpoena to Randy Whiting to Produce Documents, #6 Exhibit 6 Position Statement from Van Irion, #7 Exhibit 7 May 29 2020 LTR to Van Irion)(Pilkington, Dan)
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Filing 24
AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Action served on Randy L. Whiting on May 26, 2020, filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 23
AFFIDAVIT of Service for Subpoena to Produce Documents served on Randy L. Whiting on May 26, 2020, filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 22
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 05/27/2020, before Judge Debra C. Poplin. Court Reporter/Transcriber Terri Grandchamp, Telephone number 865-244-0454. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court 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.. Redaction Request due 6/23/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 8/31/2020. (TSG)
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Filing 20
ORDER regarding discovery dispute set forth more fully herein. Signed by Magistrate Judge Debra C Poplin on May 28, 2020. (AYB)
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Filing 19
RESPONSE in Opposition re #14 MOTION to Quash Non-party Subpoena by Randy Whiting [Doc. 14] filed by City of Athens, Seth Sumner(in his individual capacity), Seth Sumner(in his official capacity as City Manager for the City of Athens), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Attachments: #1 Exhibit 1 Subpoena Served to Randy Whiting)(Pilkington, Dan)
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Filing 21
Minute Entry for proceedings held before Magistrate Judge Debra C Poplin: Status Discovery Hearing held on 5/27/2020. (Tape #DCR 320cv54_05272020_144506) (JAN)
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Filing 18
NOTICE of Appearance by Emily C Taylor on behalf of All Defendants (Taylor, Emily)
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Filing 16
NOTICE by ARD Properties, Glenn Whiting of service of amended Initial Disclosures (Attachments: #1 Appendix P's Amended MIDs)(Irion, Van)
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Filing 17
Minute Entry for proceedings held before Magistrate Judge Debra C Poplin: Discovery Hearing held on 5/21/2020. The parties appeared before the Court on May 21, 2020, via telephone over a discovery dispute. Attorney Van Irion appeared on behalf of Plaintiffs, and Attorney Dan Pilkington appeared on behalf of Defendants. The parties discussed the production of a recorded conversation between Plaintiff Whiting and Defendant Trew and the setting of Defendant Trews deposition. Order to follow. (RLK)
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Filing 15
ORDER regarding discovery dispute as set forth more fully herein. The Court set another telephonic status conference for May 27, 2020, at 2:00 p.m. Signed by Magistrate Judge Debra C Poplin on May 21, 2020. (AYB)
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Filing 14
MOTION to Quash Non-party Subpoena by Randy Whiting. (Irion, Van)
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Filing 13
NOTICE of Appearance by Van R Irion on behalf of Randy Whiting (Irion, Van)
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Filing 12
NOTICE OF NONCONSENT TO MAGISTRATE JUDGE by City of Athens, Seth Sumner(in his official capacity as City Manager for the City of Athens), Seth Sumner(in his individual capacity), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens) (Pilkington, Dan)
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NOTICE of Hearing: Telephone Conference set for 5/21/2020 at 11:00 AM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Debra C Poplin. The parties are to email a short summary (no more than 3 pages) to holly_nease@tned.uscourts.gov by noon on Wednesday, May 20th. Teleconference # 888-808-6929;Access code 2517803(RLK) Modified on 5/19/2020 (RLK).
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NOTICE OF FAILURE TO FILE Consent/Non-Consent to Magistrate Judge as required by prior court order (JBR)
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Filing 11
SCHEDULING ORDER: Jury Trial set for 4/6/2021 09:00 AM in Courtroom 1A - Chattanooga before District Judge Travis R McDonough. Final Pretrial Conference set for 3/22/2021 03:00 PM in Courtroom 1A - Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 3/11/2020. (BDG)
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Filing 10
REPORT of Rule 26(f) Planning Meeting. (Pilkington, Dan)
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Filing 9
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Travis R McDonough on 3/20/20. (Attachments: #1 Other Notice Consent/Non-Consent) (JBR)
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Filing 8
ANSWER to #1 Complaint, by City of Athens, Seth Sumner(in his official capacity as City Manager for the City of Athens), Seth Sumner(in his individual capacity), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens).(Pilkington, Dan)
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Filing 7
ORDER Telephonic Scheduling Conference set for 3/31/2020, at 01:30 PM in Judge's Chambers (Telephonic Hearing) before District Judge Travis R. McDonough. Dial-in information will be circulated via e-mail. Please disregard any references to in-person attendance in the attachment.Signed by District Judge Travis R. McDonough on 2/28/2020. (CMH)
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Filing 6
STIPULATION for Extension of Time in Which to File a Responsive Pleading by City of Athens, Seth Sumner(in his official capacity as City Manager for the City of Athens), Seth Sumner(in his individual capacity), Chris Trew(in his individual capacity), Chris Trew(in his official capacity as City Attorney for the City of Athens). (Pilkington, Dan)
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Filing 5
Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 2/7/2020. (BDG)
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Filing 4
Order Governing Motions To Dismiss.Signed by District Judge Travis R McDonough on 2/7/2020. (BDG)
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Filing 3
Order Governing Depositions.Signed by District Judge Travis R McDonough on 2/7/2020. (BDG)
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Filing 2
Summons Issued as to City of Athens, Seth Sumner, Chris Trew. (Attachments: #1 Summons, #2 Summons)(BDG)
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District Judge Travis R McDonough and Magistrate Judge Debra C Poplin added. (BDG)
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Filing 1
COMPLAINT for Constitutional Violations against All Defendants ( Filing fee $ 400 receipt number ATNEDC-4224157.), filed by Glenn Whiting, ARD Properties. (Attachments: #1 Summons Summons City of Athens, #2 Summons Summons Sumner, #3 Summons Summons Trew, #4 Other Civil Cover Sheet, #5 Other ARD Corp. Discl. Stmt., #6 Exhibit Photos of Dangerous Building)(Irion, Van)
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