A.S. et al v. Lee et al
| A.S. and A.B. |
| Governor Bill Lee, Herbert Slatery, III, Wilson County Board of Education, Jeff Luttrell and Does 1 - 10 |
| 3:2021cv00600 |
| August 2, 2021 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Eli J Richardson |
| Civil Rights: Other |
| 42 U.S.C. § 1981 |
| None |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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Filing 68
ORDER: Due to unforeseen circumstances, Magistrate Judge Holmes will not be able to conduct the initial case management conference. Magistrate Judge Holmes will, instead, enter the proposed initial case management order (the "ICMO"), with modifications to conform to the Court's preferred case management schedule. Counsel may remove the 10/12/2021 initial case management conference from their calendars. When the ICMO is entered, counsel must follow the Clerk's instructions in bold, red, and all caps to open the PDF and read it carefully for Magistrate Judge Holmes' modifications. Signed by Magistrate Judge Barbara D. Holmes on 9/17/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 67
ORDER: Motion to Withdraw and for Substitution of Counsel, DE #37 is GRANTED. Attorneys W. Carl Spining, Thomas William A. Caldwell, and Rachel Hogan terminated. Signed by Magistrate Judge Barbara D. Holmes on 9/14/2021. (ln)
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Filing 66
ORDER granting #62 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Benjamin Kurland to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 09/14/2021. (lh)
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Filing 65
ORDER: The Motion #61 is GRANTED and Plaintiff A.S., a minor, by his next friends Amy A., mother, and Jeff S., father, is hereby DISMISSED with prejudice. Signed by District Judge Eli J. Richardson on 9/13/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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DC State Bar status verified as active for Benjamin S. Kurland not admitted to this court - Local counsel secured. (kc)
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Filing 64
DECLARATION of Julie B. (Second Supplemental) filed by A.B., A.S. re: #63 Reply to Response to Motion. (Herzfeld, Tricia)
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Filing 63
REPLY to Response to re #2 MOTION for Temporary Restraining Order (Preliminary Injunction) filed by A.B., A.S.. (Herzfeld, Tricia)
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Filing 62
MOTION for attorney Benjamin Kurland to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3446386) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 61
MOTION of Plaintiff A.S. to Withdraw from Action by A.B., A.S.. (Herzfeld, Tricia)
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Filing 60
ORDER granting #59 Unopposed Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 9/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 59
Unopposed MOTION for Leave to File Excess Pages by A.B., A.S.. (Herzfeld, Tricia)
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Filing 58
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by Jeff Luttrell, Wilson County Board of Education. (Attachments: #1 Exhibit Affidavit of L Bush)(Hayden, Christopher)
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Filing 57
ORDER granting #56 Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 9/2/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 56
MOTION for Leave to File Excess Pages by Jeff Luttrell, Wilson County Board of Education. (Attachments: #1 Attachment Consultation of Counsel)(Hayden, Christopher)
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Filing 55
ORDER granting #39 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Christopher Hayden to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 08/26/2021. (lh)
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Filing 54
NOTICE by Wilson County Board of Education re #39 MOTION for attorney Christopher Hayden to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3426331) Certificate of Good Standing (Sellers, Andrew)
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Filing 53
ORDER: The Stipulation is accepted, and the parties and the Court shall proceed under its terms. Signed by District Judge Eli J. Richardson on 8/20/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 52
STIPULATION re #33 Memorandum Opinion of the Court,,,,, BRIEFING SCHEDULE AND PROPOSED ORDER by A.B., A.S.. (Herzfeld, Tricia)
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Filing 51
ORDER granting #46 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Sarah G. Warbelow to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 08/18/2021. (lh)
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***DISREGARD. DUPLICATE ENTRY.***MI State Bar status verified as active for Sarah Warbelow not admitted to this court - Local counsel secured. (kc) Modified on 8/18/2021 (kc).
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Filing 50
ORDER denying as moot #17 and #18 : On August 13, 2021, Plaintiffs filed a Notice of Withdrawal of Counsel #48 for Andreane Reynolds and Kunal Kanodia. As a result, the Motions for Andreane Reynolds and Kunal Kanodia to Appear Pro Hac Vice are denied as moot. Signed by Lynda M. Hill, Clerk of Court, on 08/16/2021. (lh)
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Filing 49
ORDER granting #9 , #11 , #12 , #13 , and #16 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Adam Lurie, Erez Liebermann, Jason Starr, Sean Mooney, and Andrew Pak to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 08/16/2021. (lh)
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Filing 48
NOTICE by A.B., A.S. re #18 MOTION for attorney Kunal Kanodia to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421598), #17 MOTION for attorney Andreane Reynolds to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421595) of Withdraw as Counsel (Herzfeld, Tricia)
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Filing 47
NOTICE of Filing by A.B., A.S. re Annotation - Deficiency Notice, #9 MOTION for attorney Adam Lurie to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421541), #16 MOTION for attorney Andrew Pak to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421593), #11 MOTION for attorney Erez Liebermann to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421549), #12 MOTION for attorney Jason Starr to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421554), #13 MOTION for attorney Sean Mooney to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421557) Corrected Certificates of Good Standing (Attachments: #1 Attachment A - Adam Lurie - COGS from SDNY, #2 Attachment B - Erez Liebermann - COGS from SDNY, #3 Attachment C - Jason Starr - COGS from EDNY, #4 Attachment D - Sean Mooney - COGS from SDNY, #5 Attachment E - Andrew Pak - COGS from EDNY)(Herzfeld, Tricia)
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Filing 46
MOTION for attorney Sarah G. Warbelow to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3429434) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 45
CERTIFICATE Certificate of Service filed by Jeff Luttrell, Wilson County Board of Education re #39 MOTION for attorney Christopher Hayden to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3426331) filed by Jeff Luttrell, Wilson County Board of Education. (Sellers, Andrew)
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NOTICE TO FILER re DE#39 : The PHV motion must be accompanied by a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate shall be filed within 10 days. (kc)
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Filing 44
SUMMONS returned executed by A.S., A.B.. Bill Lee served on 8/5/2021. (Herzfeld, Tricia)
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Filing 43
SUMMONS returned executed by A.S., A.B.. Herbert Slatery, III served on 8/5/2021. (Herzfeld, Tricia)
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Filing 42
SUMMONS returned executed by A.S., A.B.. Wilson County Board of Education served on 8/3/2021. (Herzfeld, Tricia)
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Filing 41
SUMMONS returned executed by A.S., A.B.. Jeff Luttrell served on 8/3/2021. (Herzfeld, Tricia)
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Filing 40
CERTIFICATE Certificate of Service filed by Jeff Luttrell, Wilson County Board of Education re #38 Notice of Appearance filed by Jeff Luttrell, Wilson County Board of Education. (Sellers, Andrew)
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NOTICE TO FILER re DE#38 : 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. (kc)
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TN State Bar status verified as active for Andrew V. Sellers admitted to this court. (kc)
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TN State Bar status verified as active for Christopher C. Hayden not admitted to this court - Local counsel secured. (kc)
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Filing 39
MOTION for attorney Christopher Hayden to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3426331) by Jeff Luttrell, Wilson County Board of Education. (Sellers, Andrew)
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Filing 38
NOTICE of Appearance by Andrew V. Sellers on behalf of Jeff Luttrell, Wilson County Board of Education (Sellers, Andrew)
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Filing 37
MOTION to Withdraw as Attorney and for Substitution of Counsel by Jeff Luttrell, Wilson County Board of Education. (Caldwell, Thomas)
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Filing 36
ORDER: Pending before the Court is Plaintiffs' Motion for Expedited Injunction Hearing ( #7 , "Motion"), wherein Plaintiffs requested a hearing on their motion for temporary restraining order. Because the Court resolved the motion for temporary restraining order without a hearing, the Motion is DENIED as moot. As noted in the Court's Memorandum Opinion filed on August 5, 2021 ( #33 at 18), a hearing on Plaintiffs' motion for preliminary injunction will be scheduled as soon a reasonably feasible. Signed by District Judge Eli J. Richardson on 8/6/2021. (kc) Modified on 8/17/2021 (kc).
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Filing 35
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). Signed by District Judge Eli J. Richardson on 8/6/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 34
ORDER REASSIGNING CASE: After consulting with Judge Richardson, it is hereby ORDERED that this case is TRANSFERRED to Judge Eli Richardson for all purposes. The REFERRAL to the Magistrate Judge #30 is hereby RESCINDED. All present deadlines and court dates shall remain in place, subject to modification by Judge Richardson or the Magistrate Judge. Signed by District Judge William L. Campbell, Jr on 8/6/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 33
MEMORANDUM OPINION OF THE COURT: The undersigned recognizes the relative subjectivity and ambiguity of the elements, the Court finds decisively that the elements of laches do exist in this case. The Court finds unreasonable delay with no sufficient excuse by Plaintiffs in waiting to file the instant lawsuit until less than two business days before school in Wilson County, Tennessee was set to start. The Court additionally finds that this delay visited upon at least one Defendant a sufficient amount of cognizable prejudice. Accordingly, as stated in the Court's previously issued Order #31 , the Motion #2 is denied to the extent that it seeks a temporary restraining order. The Court is prepared to conduct a hearing on the Motion's request for a preliminary injunction as soon as reasonably feasibly. The Court DIRECTS the parties to confer in an attempt to propose to the Court a briefing schedule and potential hearing dates with respect to such request. If the parties do not do so by August 19, 2021, the Court will act on its own to set a hearing date and briefing schedule on the motion for preliminary injunction. Signed by District Judge Eli J. Richardson on 8/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 32
ORDER granting re #24 MOTION for Leave to File Excess Pages filed by Bill Lee, Herbert Slatery, III. Signed by District Judge Eli J. Richardson on 8/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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TN State Bar status verified as active for W. Carl Spining admitted to this court. (kc)
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TN State Bar status verified as active for Matthew Daniel Cloutier admitted to this court. (kc)
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Filing 31
ORDER: Plaintiffs' Motion for a Temporary Restraining Order #2 is Denied on the basis of laches for reasons the Court will set for in an opinion it anticipates issuing tomorrow, 8/5/2021. The finding of the applicability of laches does not apply to the request for a preliminary injunction that is contained within the same motion (Doc. No. #2 ) as the request for a temporary restraining order. The Court notes that the request for a preliminary injunction is a matter to which the Court will turn in a timely manner. Signed by District Judge Eli J. Richardson on 8/4/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 30
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. Signed by District Judge William L. Campbell, Jr on 8/4/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 29
DECLARATION of Julie B. filed by A.B., A.S. re: #26 Memorandum in Support. (Herzfeld, Tricia)
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Filing 28
DECLARATION of Amy A. filed by A.B., A.S. re: #26 Memorandum in Support. (Herzfeld, Tricia)
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Filing 27
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order, #7 MOTION to Expedite filed by Bill Lee, Herbert Slatery, III. (Rieger, Alexander)
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Filing 26
MEMORANDUM in Support of #19 Order, filed by A.B., A.S. Potential Application of Laches to this Matter. (Herzfeld, Tricia)
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Filing 25
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by Jeff Luttrell, Wilson County Board of Education. (Caldwell, Thomas)
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Filing 24
MOTION for Leave to File Excess Pages by Bill Lee, Herbert Slatery, III. (Rieger, Alexander)
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Filing 23
NOTICE of Appearance by W. Carl Spining on behalf of Jeff Luttrell, Wilson County Board of Education (Spining, W.)
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Filing 22
NOTICE of Appearance by Rachel Hogan on behalf of Jeff Luttrell, Wilson County Board of Education (Hogan, Rachel)
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Filing 21
AMENDED DOCUMENT by Jeff Luttrell, Wilson County Board of Education. Amendment to #20 Notice of Appearance . (Caldwell, Thomas)
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Filing 20
NOTICE of Appearance by Thomas William A. Caldwell on behalf of Wilson County Board of Education (Caldwell, Thomas)
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TN State Bar status verified as active for Rachel Hogan and Thomas William A. Caldwell admitted to this court. (kc)
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Filing 19
ORDER: Pending before the Court is Plaintiffs' Motion for a Temporary Restraining Order (Doc. No. #2 , "Motion"). Accordingly, the Court DIRECTS the parties to file briefs regarding the potential application of laches to this matter by Wednesday, August 4, 2021, at 3:00 p.m. Signed by District Judge Eli J. Richardson on 8/3/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 18
MOTION for attorney Kunal Kanodia to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421598) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 17
MOTION for attorney Andreane Reynolds to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421595) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 16
MOTION for attorney Andrew Pak to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421593) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 15
Summons issued as to Bill Lee, Jeff Luttrell, Herbert Slatery, III, and Wilson County Board of Education. (Service packets at intake for counsel to pick up.) (kc)
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Filing 14
NOTICE of Initial Case Management Conference by Telephone is set for 10/12/2021 at 11:30 AM before Magistrate Judge Barbara D. Holmes. (kc)
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Filing 13
MOTION for attorney Sean Mooney to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421557) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 12
MOTION for attorney Jason Starr to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421554) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 11
MOTION for attorney Erez Liebermann to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421549) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 10
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc)
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Filing 9
MOTION for attorney Adam Lurie to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3421541) by A.B., A.S.. (Attachments: #1 Attachment Certificate of Good Standing)(Herzfeld, Tricia)
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Filing 8
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc)
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MI State Bar status verified as active for Sarah Warbelow not admitted to this court - Local counsel secured. (kc)
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TN State Bar status verified as active for Tricia Herzfeld admitted to this court. (kc)
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NOTICE TO FILER re DE#17 and #18 : The Certificate of Good Standing must be from a United States District Court or a United States appellate court. The new certificate shall be filed within 10 days. (kc)
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NOTICE TO COUNSEL Sarah Warbelow and Rebecca Zeldin: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 8/24/2021. (kc)
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NY State Bar status verified as active for Adam S. Lurie, Erez Liebermann, Andrew Pak, Sean Mooney, Andreane Reynolds, Kunal Kanodia, Jason Starr, and Rebecca Zeldin not admitted to this court - Local counsel secured. (kc)
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NOTICE TO FILER re DE#9 , #11 , #12 , #13 , and #16 : The Certificate of Good Standing must be from a United States District Court or a United States appellate court. The new certificate shall be filed within 10 days. (kc)
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Filing 7
MOTION for Expedited Hearing by A.B. and A.S. (kc)
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Filing 6
DECLARATION of Adam S. Lurie filed by A.B. and A.S. re: #2 MOTION for Temporary Restraining Order. (kc) (Additional attachment(s) added on 8/3/2021: #1 Exhibit A to Lurie Declaration, #2 Exhibit B to Lurie Declaration Federal Financial Assistance) (kc).
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Filing 5
DECLARATION of Julie B. filed by A.B. and A.S. re: #2 MOTION for Temporary Restraining Order. (kc)
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Filing 4
DECLARATION of Amy A. filed by A.B. and A.S. re: #2 MOTION for Temporary Restraining Order. (kc)
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Filing 3
MEMORANDUM in Support of #2 MOTION for Temporary Restraining Order filed by A.B. and A.S.. (kc)
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Filing 2
MOTION for Temporary Restraining Order by A.S. and A.B. (Attachments: #1 Attachment - Proposed Order)(kc)
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Filing 1
COMPLAINT against Does 1 - 10, Bill Lee, Jeff Luttrell, Herbert Slatery, III, and Wilson County Board of Education (Filing fee $402, Receipt number 06503421367), filed by A.S. and A.B. (Attachments: #1 Attachment - Civil Cover Sheet) (kc)
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