Blount Memorial Hospital, Incorporated v. Skrmetti et al
Plaintiff: Blount Memorial Hospital, Incorporated
Defendant: Gen. Jonathan Skrmetti, Blount County, Tennessee and Jonathan Thomas Skrmetti
Case Number: 3:2023cv00226
Filed: June 28, 2023
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Clifton L Corker
Referring Judge: Debra C Poplin
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2023 Filing 28 REPLY to Response to Motion re #14 MOTION to Dismiss for Lack of Jurisdiction filed by Jonathan Thomas Skrmetti. (Ahillen, Joseph)
August 17, 2023 Filing 27 RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction filed by Blount Memorial Hospital, Incorporated. (Attachments: #1 Exhibit, #2 Exhibit)(Smelcer, Gavin)
August 10, 2023 Filing 26 MEMORANDUM in Support of Motion re #25 MOTION to Dismiss for Lack of Jurisdiction filed by Blount County, Tennessee. (Garrett, Craig)
August 10, 2023 Filing 25 MOTION to Dismiss for Lack of Jurisdiction by Blount County, Tennessee. (Attachments: #1 Exhibit Notice re meet and confer)(Garrett, Craig)
August 10, 2023 Filing 24 NOTICE OF NONCONSENT by Blount Memorial Hospital, Incorporated (Smelcer, Gavin)
August 7, 2023 Filing 23 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by Blount Memorial Hospital, Incorporated. (Smelcer, Gavin)
August 4, 2023 Filing 22 Now before the Court is Plaintiff's Motion for Extension of Time to Reply to Blount County's Response in Opposition to Plaintiff Blount Memorial's Motion for Preliminary Injunction [Doc. 21]. In light of no opposition, and for good cause shown, the Court GRANTS the motion [Doc. 21]. Plaintiff SHALL file its reply brief on or before August 7, 2023. Signed by Magistrate Judge Debra C. Poplin on 8/4/2023. (This entry constitutes the complete Order of the Court.) (AGA)
August 3, 2023 Filing 21 MOTION for Extension of Time to File Response/Reply as to #17 Response in Opposition to Motion for Preliminary Injunction by Blount Memorial Hospital, Incorporated. (Smelcer, Gavin)
August 3, 2023 Filing 20 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by Blount Memorial Hospital, Incorporated. (Smelcer, Gavin)
July 27, 2023 Opinion or Order Filing 19 ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Clifton L Corker on 7/27/23. (Attachments: #1 Other Notice of Consent/Non-Consent) (JBR)
July 27, 2023 Filing 18 ANSWER to #1 Complaint,,,,,,,, by Blount County, Tennessee. (Attachments: #1 Exhibit Opinion 98-119, #2 Exhibit Trust Indenture, #3 Exhibit Webb v. BMH, #4 Exhibit Mamantov letter 06-20-14, #5 Exhibit Mamantov Memo 10-04-18, #6 Exhibit Heinemann/Argabrite letters 01-25-19)(Garrett, Craig)
July 27, 2023 Filing 17 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction and Memorandum of Law filed by Blount County, Tennessee. (Garrett, Craig)
July 27, 2023 Filing 16 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Jonathan Thomas Skrmetti. (Ahillen, Joseph)
July 27, 2023 Filing 15 MEMORANDUM in Support of Motion re #14 MOTION to Dismiss for Lack of Jurisdiction filed by Jonathan Thomas Skrmetti. (Ahillen, Joseph)
July 27, 2023 Filing 14 MOTION to Dismiss for Lack of Jurisdiction by Jonathan Thomas Skrmetti. (Attachments: #1 Exhibit Meet and confer notice)(Ahillen, Joseph)
July 20, 2023 Opinion or Order Filing 13 ORDER granting #9 Motion for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction . Defendant Tennessee Attorney General and Reporter Jonathan Skrmetti filed an Unopposed Motion for Additional Time to Respond to Plaintiffs Motion for Preliminary Injunction until July 27, 2023 [Doc. 9]. Given that the motion is unopposed, it is GRANTED and the attorney general shall respond to Plaintiff's Motion for Preliminary Injunction on or before July 27, 2023. Signed by District Judge Clifton L Corker on 07/20/2023. (CAT)
July 19, 2023 Filing 12 SUMMONS Returned Executed by Blount Memorial Hospital, Incorporated. Blount County, Tennessee served on 7/13/2023. (Smelcer, Gavin)
July 19, 2023 Filing 11 SUMMONS Returned Executed by Blount Memorial Hospital, Incorporated. Jonathan Thomas Skrmetti served on 7/6/2023. (Smelcer, Gavin)
July 18, 2023 Filing 10 MEMORANDUM in Support of Motion re #9 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction filed by Jonathan Thomas Skrmetti. (Ahillen, Joseph)
July 18, 2023 Filing 9 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction by Jonathan Thomas Skrmetti. (Ahillen, Joseph)
July 17, 2023 Filing 8 NOTICE of Appearance by Craig L Garrett on behalf of Blount County, Tennessee (Garrett, Craig)
June 29, 2023 Opinion or Order Filing 7 Order Governing Sealing Confidential Information.Signed by District Judge Clifton L Corker on 6/29/23. (KSH)
June 29, 2023 Opinion or Order Filing 6 Order Governing Motions To Dismiss.Signed by District Judge Clifton L Corker on 6/29/23. (KSH)
June 29, 2023 Opinion or Order Filing 5 Order Governing DepositionsSigned by District Judge Clifton L Corker on 6/29/23. (KSH)
June 29, 2023 Filing 4 Summons Issued as to Blount County, Tennessee, Jonathan Thomas Skrmetti. (Attachments: #1 Summons)(KSH)
June 28, 2023 District Judge Clifton L Corker and Magistrate Judge Debra C Poplin added. (KSH)
June 28, 2023 Filing 3 Certificate of Corporate Interest by Blount Memorial Hospital, Incorporated. (Smelcer, Gavin)
June 28, 2023 Filing 2 MOTION for Preliminary Injunction by Blount Memorial Hospital, Incorporated. (Smelcer, Gavin)
June 28, 2023 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATNEDC-5407756.), filed by Blount Memorial Hospital, Incorporated. (Attachments: #1 Exhibit 1942 Hospital Resolution, #2 Exhibit April 20, 1942 FWA Letter, #3 Exhibit January 4, 1945 FWA Letter, #4 Exhibit January 8, 1945 County Judge Roberts' Letter, #5 Exhibit 1945 Private Act, #6 Exhibit February 27, 1945 Letter to FWA, #7 Exhibit April 28, 1945 FWA Letter, #8 Exhibit May 28, 1945 County Judge Roberts' Letter, #9 Exhibit June 4, 1945 Warranty Deed, #10 Exhibit September 1945 Warranty Deed, #11 Exhibit October 12, 1945 Letter to FWA, #12 Exhibit December 20, 1945 Alcoa Resolution, #13 Exhibit December 21, 1945 Maryville Resolution, #14 Exhibit January 7, 1946 County Resolution, #15 Exhibit Blount Memorial Hospital, Incorporated Charter, #16 Exhibit July 7, 1947 Hospital Resolution, #17 Exhibit Tenn. Att'y Gen. Op. No. 08-197 (2008), #18 Exhibit August 23, 2011 Minutes of County Committee, #19 Exhibit 1993 Hospital Amendment, #20 Exhibit Property Data on 46 Blount Memorial Hospital properties, #21 Exhibit Tenn. Att'y Gen. Op. No. 82-278 (1982), #22 Exhibit In Lieu of Tax Agreements, #23 Exhibit November 21, 2022 County Mayor Letter, #24 Exhibit Blount Memorial Hospital Verified Complaint in State Court Action, #25 Exhibit Blount Memorial Hospital Amended Complaint in State Court Action, #26 Exhibit County's Amended Counterclaim in State Court Action, #27 Exhibit County Resolution No. 23-02-015, #28 Exhibit County Resolution No. 23-03-014, #29 Exhibit HB 1560 and SB 1548 Data, #30 Exhibit New Private Act, #31 Exhibit County Resolution No. 23-05-013, #32 Exhibit County's Request for Proposal No. 2023-0218, #33 Exhibit County's February 15, 2023 Press Release, #34 Summons Summons for Blount County, Tennessee, #35 Summons Summons for Attorney General Skrmetti, #36 Other Civil Cover Sheet)(Smelcer, Gavin)

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Plaintiff: Blount Memorial Hospital, Incorporated
Represented By: Gavin Andrew Smelcer
Represented By: James Douglas Overbey
Represented By: John E Owings
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Defendant: Gen. Jonathan Skrmetti
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Defendant: Blount County, Tennessee
Represented By: Craig L Garrett
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Defendant: Jonathan Thomas Skrmetti
Represented By: Joseph Paul Ahillen
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