McLemore et al v. Gumucio et al
| Purple Wave, Inc., Interstate Auction Association, Aaron McKee, McLemore Auction Company, LLC and Will McLemore |
| John Thorpe, Ronald Coyler, Glenn Kopchak, Roxana Gumucio, Randy Lowe, Adam Lewis and Jeff Morris |
| 3:2019cv00530 |
| June 26, 2019 |
| US District Court for the Middle District of Tennessee |
| Joe Brown |
| Eli J Richardson |
| Aleta A Trauger |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| None |
Docket Report
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Filing 38
REPLY to Response to Motion re #31 MOTION to Dismiss filed by Ronald Coyler, Roxana Gumucio, Glenn Kopchak, Adam Lewis, Randy Lowe, Jeff Morris, John Thorpe. (Attachments: #1 Attachment Tenn. Comp. R. & Regs. 0160-01-.18)(Porcello, Ryan)
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Filing 37
ORDER: This Order is to clarify that the initial case management conference that was set before the Magistrate Judge on September 9, 2019 at 10:30 a.m. (Docket Entry No. #15 ) is, pursuant to the Magistrate Judge's Order (Docket Entry No. 33 ), reset to Wednesday, September 4, 2019, at 10:00 a.m. Signed by Magistrate Judge Joe Brown on 8/5/2019. (jm)
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Filing 36
RESPONSE in Opposition re #31 MOTION to Dismiss filed by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc.. (Boucek, Braden)
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Filing 35
ORDER granting #34 Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 8/1/2019. (jm)
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Filing 34
MOTION for Leave to File Excess Pages by Ronald Coyler, Roxana Gumucio, Glenn Kopchak, Adam Lewis, Randy Lowe, Jeff Morris, John Thorpe. (Porcello, Ryan)
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Filing 33
ORDER this case has been referred to me for case management. A Initial Case Management Conference (ICMC) is set for September 4, 2019 at 10:00 am The parties should comply with the standard procedure for the ICMC which is set out below. There is a pending motion to dismiss. Plaintiff will respond within 28 days of the filing of the motion. Any reply will be filed within 14 days and will be limited to 5 pages. The memorandum in support of the motion exceeds the 25 page limit without court permission. Defendant should seek permission from the District Judge for a longer memorandum or submit one within the page limits. NOTICE OF SETTING OF INITIAL CASE MANAGEMENT CONFERENCE Pursuant to Local Rule 16.01, effective August 14, 2018, notice is hereby given that the initial case management conference is scheduled before Magistrate Judge Brown, Courtroom 783, U.S. Courthouse, 801 Broadway, Nashville, TN at 11:00 AM on 7/22/2019. LEAD TRIAL COUNSEL FOR EACH PARTY who has been served and who has received this notice is required to attend the initial case management conference, unless otherwise ordered bythe case management Judge. Appearance by counsel at the initial case management conference will not be deemed to waive any defenses to personal jurisdiction. Counsel are advised to bring their calendars with them to the conference for the purpose of scheduling future dates. Counsel for thefiling party is also advised to notify the courtroom deputy for the Judge before whom the conference is scheduled, if none of the defendants has been served prior to the scheduled conference date. Counsel for all parties must, at the initiative of plaintiff's counsel, prepare and submit a proposed case management order that encompasses the discovery plan required by Fed.R.Civ.P.26(f), addresses any issues that can be resolved by agreement, and is otherwise in compliance with Local Rule 16.01(f). A sample proposed order format can be found at www.tnmd.uscourts.gov, under Judges, Magistrate Judge Brown, Initial Case Management Order. The proposed casemanagement order shall be emailed in WordPerfect or Word format tobrownchambers@tnmd.uscourts.gov within THREE (3) business days before the initial case management conference. If the proposed order CANNOT be submitted on time, PLAINTIFF'S COUNSEL is responsible for contacting the Magistrate Judge's office to reschedule the conference. FAILURE to obtain service on all defendants should be called to the Magistrate Judge's attention. FAILURE TO SUBMIT THE PROPOSED CASE MANAGEMENT ORDER WITHOUT CONTACTING THE MAGISTRATE JUDGE'S OFFICE CAN RESULT IN SANCTIONS.Effective December 1, 2000, Fed. R. Civ. P. 26(a)(1) and April 18, 2005, Administrative Order No. 167 regarding required initial disclosures and electronic proposed orders applies. (JBB)
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Magistrate Judge Joe Brown added per #30 Order. (jm)
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Filing 32
MEMORANDUM in Support of #31 MOTION to Dismiss filed by Ronald Coyler, Roxana Gumucio, Glenn Kopchak, Adam Lewis, Randy Lowe, Jeff Morris, John Thorpe . (Attachments: #1 Attachment Unreported Case: Hines v. Quillivan)(Porcello, Ryan)
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Filing 31
MOTION to Dismiss by Ronald Coyler, Roxana Gumucio, Glenn Kopchak, Adam Lewis, Randy Lowe, Jeff Morris, John Thorpe. (Porcello, Ryan)
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Filing 30
ORDER ON MOTION FOR PRELIMINARY INJUNCTION: For the reasons described in the accompanying Memorandum Opinion, the #3 Motion is GRANTED. This preliminary injunction is effective upon its issuance on July 23, 2019 at 5:00 p.m. Signed by District Judge Eli J. Richardson on 7/23/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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Filing 29
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 7/23/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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TN State Bar status verified as active for David L. Harbin. (jm)
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Filing 28
NOTICE of Appearance by David L. Harbin on behalf of All Plaintiffs (Harbin, David)
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Filing 27
WITNESS/EXHIBIT LIST prepared by Deputy Clerk re: Motion Hearing. (jm)
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Minute Entry for proceedings held before District Judge Eli J. Richardson: Motion Hearing held on 7/10/2019 re #8 MOTION for Hearing re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Aaron McKee, Interstate Auction Association, Purple Wave, Inc., McLemore Auction Company, LLC, Will McLemore. (Court Reporter Debbie Watson.) (Hearing lasted 3:16)(Jackson, Julie)
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Filing 26
ORDER: It is hereby ORDERED that the TRO remains in effect in accordance with the terms described in this Court's prior order (Doc. No. #14 ). The TRO will expire on July 26, 2019 at 12:00 p.m. Signed by District Judge Eli J. Richardson on 7/10/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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Filing 25
NOTICE of Change of Address by Ryan Mitchell Porcello (Porcello, Ryan)
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Filing 24
ORDER: At the preliminary injunction hearing set for July 10, 2019, the parties shall be prepared to discuss whether and, if so, to what extent the recent Sixth Circuit decision in Bevan & Assocs., LPA v. Yost, ---F.3d.---, No. 18-3262 (6th Cir. July 8, 2019), is applicable here with respect to its discussion of commercial speech, the manner in which the statute here at issue should be interpreted prior to undergoing constitutional analysis, or any other topic. Signed by District Judge Eli J. Richardson on 7/9/2019. (jm)
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Filing 23
NOTICE of Appearance by Braden H. Boucek on behalf of All Plaintiffs (Boucek, Braden)
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Filing 22
CERTIFICATE OF SERVICE by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc. re #19 Exhibit List, #18 Memorandum in Support, (Boucek, Braden)
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Filing 21
CERTIFICATE of Counsel re #20 Response in Opposition to Motion, Certificate of Service by Ryan Mitchell Porcello on behalf of All Defendants (Porcello, Ryan)
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NOTICE TO FILER re DE# [18, 19, and 20]: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (jm)
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Filing 20
RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ronald Coyler, Roxana Gumucio, Glenn Kopchak, Adam Lewis, Randy Lowe, Jeff Morris, John Thorpe. (Attachments: #1 Attachment Witness & Exhibit List, #2 Attachment Gumucio Declaration)(Porcello, Ryan)
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Filing 19
Exhibit List and Witness List by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc... (Boucek, Braden)
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Filing 18
MEMORANDUM in Support of #8 MOTION for Hearing re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc. Supplemental Brief. (Attachments: #1 Exhibit Ex. 16 - McLemore Declaration, #2 Exhibit Ex. 17 - McKee Declaration, #3 Exhibit Ex. 18 - Gableman Declaration)(Boucek, Braden)
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TN State Bar status verified as active for Ryan Mitchell Porcello. (jm)
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Filing 17
SUMMONS returned executed by McLemore Auction Company, LLC, Purple Wave, Inc., Interstate Auction Association, Will McLemore, Aaron McKee. All Defendants served on 7/2/2019. (Boucek, Braden) Modified text on 7/5/2019 (jm).
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Filing 16
ORDER: A hearing to consider the Plaintiff's Motion for Preliminary Injunction is set for July 10, 2019, at 9:00 a.m. Absent extraordinary circumstances, the hearing will conclude on that day. Signed by District Judge Eli J. Richardson on 7/1/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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Filing 15
NOTICE of Initial Case Management Conference RESET for 9/9/2019 at 10:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. (af)
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District Judge Eli J. Richardson added to the case. He will keep the case since he heard the TRO. District Judge Aleta A. Trauger no longer assigned to case. (af)
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Filing 14
TEMPORARY RESTRAINING ORDER: Plaintiff's Motion for Temporary Restraining Order (Doc. No. 3) is GRANTED in part and pursuant to Federal Rule of Civil Procedure 65, Defendants are ENJOINED from applying Tennessee's auctioneering laws and licenses to "electronic" exchanges, or online auction websites, or against Plaintiffs until further order of the Court. This Temporary Restraining Order is effective upon its issuance on June 28, 2019 at 5:00 p.m., and expires on July 11, 2019 at 12:00 p.m., absent further order of the Court. A preliminary injunction hearing will be scheduled for July 10, 2019 at 9:00 a.m. Signed by District Judge Eli J. Richardson on 6/28/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
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Filing 13
RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ronald Coyler, Roxana Gumucio, Glenn Kopchak, Adam Lewis, Randy Lowe, Jeff Morris, John Thorpe. (Porcello, Ryan)
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Filing 12
NOTICE of Initial Case Management Conference set for 8/26/2019 at 01:45 PM in Chambers 825 before District Judge Aleta A. Trauger. (jm)
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Filing 11
Summons issued as to Ronald Coyler, Roxana Gumucio, Glenn Kopchak, Adam Lewis, Randy Lowe, Jeff Morris, and John Thorpe. (Service copies returned to counsel by regular mail.) (jm) (Main Document 11 replaced on 6/28/2019) (jm).
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Filing 10
NOTICE by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc. re #9 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, of Order by Hand Delivery (Boucek, Braden)
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Filing 9
ORDER: Before the Court is Plaintiffs' Motion for a Temporary Restraining Order. (Doc. No. #4 , "the Motion"). In order for the Court to resolve the Motion prior to the effective date of the statute being challenged (July 1, 2019), Defendants shall submit any response they may wish to make to the Motion by noon tomorrow (June 28, 2019). The response shall state whether, and if so to what extent, Defendants acquiesce in the issuance of a temporary restraining order. To the extent Defendants oppose the issuance of a temporary restraining order, Defendants' response shall include briefing containing whatever content they wish to present for consideration by the Court in deciding before July 1, 2019 whether a temporary restraining order should be issued. As the Court wishes not to resolve the Motion ex parte if it can avoid doing so, Plaintiffs shall make every reasonable effort to ensure delivery, and actual notice, of this Order to Defendants. Signed by District Judge Eli J. Richardson on 6/27/2019. (jm)
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Filing 8
MOTION for Hearing re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc.. (Boucek, Braden)
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Filing 7
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm)
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Filing 6
NOTICE of Business Entity Disclosure Statement filing requirement. (jm)
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Filing 5
MEMORANDUM in Support of #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc. . (Boucek, Braden)
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Filing 3
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc.. (Attachments: #1 Attachment Order (proposed) granting Temporary Restraining Order and Preliminary injunction)(Boucek, Braden)
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Filing 2
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Interstate Auction Association, Aaron McKee, Will McLemore, McLemore Auction Company, LLC, Purple Wave, Inc.. (Boucek, Braden)
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Filing 1
NOTICE of Appearance by Braden H. Boucek on behalf of All Plaintiffs (Boucek, Braden)
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TN State Bar status verified as active for Braden H. Boucek. (jm)
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Filing 4
COMPLAINT against Ronald Coyler, Roxana Gumucio, Glenn Kopchak, Adam Lewis, Randy Lowe, Jeff Morris, and John Thorpe (Filing fee $400, Receipt number 0650- 2941576), filed by McLemore Auction Company, LLC, Purple Wave, Inc., Interstate Auction Association, Will McLemore, and Aaron McKee. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit 1 - The Act, #3 Exhibit 2 - Sept 26, 2015 complaint notice, #4 Exhibit 3 - Proposed Rule, #5 Exhibit 4 - Dec 15, 2016 Gov. Ops, #6 Exhibit 5 - Mar 28, 2017 House, #7 Exhibit 6 - Feb 12, 2018 Senate, #8 Exhibit 7 - Mar 6, 2018 Senate, #9 Exhibit 8 - Aug 20, 2018 Auction Commission, #10 Exhibit 9 - Aug 27, 2018 Task Force, #11 Exhibit 10 - Nov. 5, 2018 Task Force, #12 Exhibit 11 - Nov. 26, 2018 Task Force, #13 Exhibit 12 - Feb. 25, 2019 Auction Commission, #14 Exhibit 13 - Mar 12, 2019 Senate, #15 Exhibit 14 - June 4, 2019 - June 12, 2019 email exchange, #16 Exhibit 15 - June 14, 2019 Email notification) (jm)
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