Choosing Justice Initiative et al v. Board of Professional Responsibility of the Supreme Court of Tennessee et al
| Choosing Justice Initiative and Carol Dawn Deaner |
| Cheryl Blackburn, Board of Professional Responsibility of the Supreme Court of Tennessee, Sandy Garrett and Floyd Flippin |
| 3:2020cv00745 |
| September 1, 2020 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Alistair Newbern |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 6, 2020. A more recent docket listing may be available from PACER.
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Filing 40
ORDER SETTING CASE FOR TRIAL: Bench Trial set for 2/1/2022 at 9:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Pretrial Conference set for 1/24/2022 at 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 1/17/2022. Witness List due by 1/17/2022. Proposed Pretrial Order due by 1/17/2022. Signed by District Judge William L. Campbell, Jr on 10/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 39 REPLY to Response to re #31 MOTION to Dismiss for Failure to State a Claim filed by Cheryl Blackburn, Board of Professional Responsibility of the Supreme Court of Tennessee, Floyd Flippin, Sandy Garrett. (Wike, Jonathan) |
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Filing 38
INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 2/1/2021. Discovery due by 5/1/2021. Dispositive Motions due by 7/1/2020. Signed by Magistrate Judge Alistair Newbern on 10/19/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 10/19/2020. (Hearing lasted 00:20)(sd) |
| RESPONSE to #31 MOTION to Dismiss for Failure to State a Claim filed by Choosing Justice Initiative and Carol Dawn Deaner. (FILED FOR TRACKING PURPOSES, SEE DE# 36 FOR PDF) (dt) |
| Filing 37 PROPOSED CASE MANAGEMENT ORDER filed by Choosing Justice Initiative, Carol Dawn Deaner. (Gerstein, Charles) |
| Filing 36 REPLY to Response to re #25 Second MOTION for Preliminary Injunction and Response to Motion to Dismiss filed by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Exhibit A Policies and Rules of the Board of Professional Responsibility of the Supreme Court of Tennessee)(Gerstein, Charles) |
| Filing 35 NOTICE by Cheryl Blackburn, Board of Professional Responsibility of the Supreme Court of Tennessee, Floyd Flippin, Sandy Garrett re #30 Response in Opposition to Motion, of Description of Documents (Wike, Jonathan) |
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Filing 34
ORDER granting #33 Motion for Leave to file consolidated response and reply. Signed by District Judge William L. Campbell, Jr on 10/9/2020. (mg)
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| Filing 33 Unopposed MOTION for leave to file consolidated response and reply re #30 Response in Opposition to Motion, #31 MOTION to Dismiss for Failure to State a Claim by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Attachment Proposed Order)(Gerstein, Charles) |
| NOTICE TO FILER re DE#30 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (kc) |
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Filing 32
ORDER: On October 7, 2020, Defendants Floyd S. Flippin, Sandy Garrett, and Judge Cheryl A. Blackburn filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Doc. No. #31 .) Under Local Rule 7.01(a)(3), any response in opposition must be filed and served within fourteen days of service of the motion. M.D. Tenn. R. 7.01(a)(3) (response). An optional reply may be filed and served within seven days of service of a response. M.D. Tenn. R. 7.01(a)(4) (reply). Any filings made related to the motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Judge Campbell unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 10/7/2020. (vh)
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| Filing 31 MOTION to Dismiss for Failure to State a Claim by Cheryl Blackburn, Board of Professional Responsibility of the Supreme Court of Tennessee, Floyd Flippin, Sandy Garrett. (Attachments: #1 Attachment Memorandum of Law)(Wike, Jonathan) |
| Filing 30 RESPONSE in Opposition re #25 Second MOTION for Preliminary Injunction filed by Cheryl Blackburn, Board of Professional Responsibility of the Supreme Court of Tennessee, Floyd Flippin, Sandy Garrett. (Attachments: #1 Attachment Supplemental Affidavit, #2 Exhibit Exhibit A)(Wike, Jonathan) |
| Filing 29 CERTIFICATE OF SERVICE by Choosing Justice Initiative, Carol Dawn Deaner re #26 MOTION to Expedite Briefing on Preliminary Injunction and Motion to Dismiss, #24 Notice (Other), #25 Second MOTION for Preliminary Injunction (Gerstein, Charles) |
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Filing 28
ORDER: The Motion to Dismiss #19 is DENIED, as moot. Plaintiffs' Motion for an Expedited Briefing Schedule #26 is GRANTED in part, and DENIED in part. Defendants shall have until October 7, 2020, in which to respond to the Second Motion for a Preliminary Injunction #25 , and Plaintiffs shall have until October 14, 2020, to file any reply. Signed by District Judge William L. Campbell, Jr on 9/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| NOTICE TO FILER re DE#24 , #25 and #26 : 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 these documents. (dt) |
| Filing 27 RESPONSE in Opposition re #26 MOTION to Expedite Briefing on Preliminary Injunction and Motion to Dismiss filed by Cheryl Blackburn, Board of Professional Responsibility of the Supreme Court of Tennessee, Floyd Flippin, Sandy Garrett. (Wike, Jonathan) |
| Filing 26 MOTION to Expedite Briefing on Preliminary Injunction and Motion to Dismiss by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Exhibit Redlined Documents)(Gerstein, Charles) |
| Filing 25 Second MOTION for Preliminary Injunction by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Attachment Memorandum in Support of Motion)(Gerstein, Charles) |
| Filing 24 NOTICE by Choosing Justice Initiative, Carol Dawn Deaner re #9 MOTION for Preliminary Injunction Withdrawing Preliminary Injunction Motion (Gerstein, Charles) |
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Filing 23
ORDER: This matter is set for an initial case management conference on 10/19/2020 at 3:30 p.m. (Doc. No. #12 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 9/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 22 AMENDED COMPLAINT against Cheryl Blackburn, Floyd Flippin, Sandy Garrett, filed by Choosing Justice Initiative, Carol Dawn Deaner.(Gerstein, Charles) |
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Filing 21
ORDER: On September 22, 2020, Defendants the Board of Professional Responsibility of the Supreme Court of Tennessee and Judge Cheryl A. Blackburn filed a motion to dismiss #19 . Any response in opposition must be filed within fourteen days of service of the motion. An optional reply may be filed within seven days of service of a response. Signed by Magistrate Judge Alistair Newbern on 9/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 20
ORDER granting #6 Motion for leave to proceed without local counsel. Signed by Magistrate Judge Alistair Newbern on 9/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 19 MOTION to Dismiss for Failure to State a Claim by Cheryl Blackburn, Board of Professional Responsibility of the Supreme Court of Tennessee. (Attachments: #1 Attachment Memorandum in Support of Motion to Dismiss)(Wike, Jonathan) |
| Filing 18 RESPONSE in Opposition re #9 MOTION for Preliminary Injunction filed by Cheryl Blackburn, Board of Professional Responsibility of the Supreme Court of Tennessee. (Attachments: #1 Attachment Affidavit of Cheryl A. Blackburn, #2 Exhibit Blackburn Exhibit 1, #3 Attachment Affidavit of Steven Christopher, #4 Exhibit Christopher Exhibit 1, #5 Exhibit Christopher Exhibit 2)(Wike, Jonathan) |
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Filing 17
ORDER granting #15 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Seth Wayne is granted. Signed by Vicki Kinkade on 09/21/2020. (vk)
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Filing 16
ORDER granting #14 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Nicolas Y. Riley is granted. Signed by Vicki Kinkade on 9/13/2020. (vk)
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| Filing 15 MOTION for attorney Seth Wayne to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3213674) by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Attachment Certificate of good standing of Seth Wayne)(Gerstein, Charles) |
| Filing 14 MOTION for attorney Nicolas Y. Riley to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3209803) by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Attachment Certificate of Good Standing for Nicolas Y. Riley)(Gerstein, Charles) |
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Filing 13
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 9/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 12 NOTICE of Initial Case Management Conference set for 10/19/2020 at 3:30 PM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt) |
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Filing 11
ORDER: Pending before the Court is Plaintiffs' Motion for a Preliminary Injunction #9 . Defendants shall file a response to the Motion on or before September 21, 2020. Plaintiffs shall serve a copy of this Order on Defendants by September 8, 2020, or file a notice explaining why service is not possible. Signed by District Judge William L. Campbell, Jr on 9/2/2020. (dt)
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| Filing 10 CERTIFICATE OF SERVICE by Choosing Justice Initiative, Carol Dawn Deaner re #6 MOTION For leave to proceed without local counsel (Gerstein, Charles) |
| Filing 9 MOTION for Preliminary Injunction by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Attachment Memorandum of Law, #2 Exhibit A Declaration of Carol Dawn Deaner)(Gerstein, Charles) |
| Filing 8 SUMMONS returned executed by Choosing Justice Initiative, Carol Dawn Deaner. Cheryl Blackburn served on 9/2/2020. (Gerstein, Charles) |
| Filing 7 SUMMONS returned executed by Choosing Justice Initiative, Carol Dawn Deaner. Board of Professional Responsibility of the Supreme Court of Tennessee served on 9/2/2020. (Gerstein, Charles) |
| Filing 6 MOTION For leave to proceed without local counsel by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Attachment Proposed order)(Gerstein, Charles) |
| Filing 5 Summons issued as to Cheryl Blackburn and Board of Professional Responsibility of the Supreme Court of Tennessee. (Service copies returned to counsel by mail.) (dt) |
| Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Choosing Justice Initiative. (dt) |
| Filing 1 COMPLAINT against Cheryl Blackburn and Board of Professional Responsibility of the Supreme Court of Tennessee (Filing fee $400, Receipt number 0650-3206657), filed by Choosing Justice Initiative, Carol Dawn Deaner. (Attachments: #1 Attachment - Civil Cover Sheet)(dt) |
| DC State Bar status verified as active for Seth Wayne and Nicolas Y. Riley not admitted to this court - Local counsel required. (dt) |
| DC State Bar status verified as active for Charles L. Gerstein. (dt) |
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