Garfield v. Middle Tennessee State University et al
| Avery Garfield |
| Middle Tennessee State University and Dr. Jenny Sauls |
| 3:2021cv00613 |
| August 6, 2021 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Jeffery S Frensley |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 104 NOTICE of Appearance by Janet M. Kleinfelter on behalf of Middle Tennessee State University, Jenny Sauls (Kleinfelter, Janet) |
| Filing 103 PROPOSED CASE MANAGEMENT ORDER filed by Avery Garfield. (Newman, Russell) |
| Filing 102 AFFIDAVIT OF Trevor Murphy. (jm) |
| Filing 101 NOTICE of Correspondence received from Phyllis Dispaltro titled "Affidavit of Angela Chan". (ln) |
| Filing 100 NOTICE of Correspondence received from Phyllis Dispaltro titled "Affidavit of Phyllis Dispaltro". (ln) |
| Filing 99 NOTICE of Correspondence received from Phyllis Dispaltro titled "Affidavit of Carolyn Osburn". (ln) |
| Filing 98 NOTICE of Correspondence received from Evans titled "Affidavit of Helen Evans". (ln) |
| Filing 97 NOTICE of Correspondence received from Chase Tague titled "Affidavit of Chase Michael Tague". (ln) |
| Filing 96 NOTICE of Correspondence received from Deborah Hanleigh titled "Affidavit of Deborah Hanleigh". (ln) |
Filing 95
ORDER: Pending before the Court is Plaintiff's Motion for a Preliminary Injunction. (Doc. No. #81 ). Defendant shall file a response on or before October 15, 2021. The Court will hold a hearing on the motion on November 17, 2021 at 1:30 p.m. No witness shall testify live at the preliminary injunction hearing unless the party calling such witness to testify has identified and made that witness available for a deposition prior to the hearing. In light of the filing of the Motion for Preliminary Injunction, Plaintiff's Second Motion for a Temporary Restraining Order (Doc. No. #25 ) and Plaintiff's Motion to Expedite Status (Doc. No. #30 ) are DENIED as moot. Signed by District Judge William L. Campbell, Jr on 10/01/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 94 RESPONSE in Opposition re #81 Emergency MOTION for Preliminary Injunction filed by Middle Tennessee State University, Jenny Sauls. (Carter, E.) |
| Filing 93 NOTICE of Correspondence received from Merissa Mule titled "Affidavit of Merissa Fiddyment Mule". (ln) |
| Filing 92 NOTICE of Correspondence received from Sarah Linville titled "Affidavit of Sarah Linville". (ln) |
| Filing 91 NOTICE of Correspondence received from Matthew Cinquanta titled "Affidavit of Matthew Damian Cinquanta". (ln) |
| Filing 90 NOTICE of Correspondence received from Matt and Shelby Kirby titled "Affidavit of Matt Kirby". (ln) |
| Filing 89 NOTICE of Correspondence received from Matt and Shelby Kirby titled "Affidavit of Shelby Kirby". (ln) |
| Filing 88 NOTICE of Correspondence received from Matt and Shelby Kirby titled "Affidavit of Cynthia Pigue". (ln) |
| Filing 87 NOTICE of Correspondence received from C. Cayemberg titled "Affidavit of Curt Cayemberg". (ln) |
| Filing 86 NOTICE of Correspondence received from Leah Wilson titled "Affidavit of Leah Wilson". (ln) |
| Filing 85 NOTICE of Correspondence received from Karen L. Fu titled "Affidavit of Karen L. Fu". (ln) |
| Filing 81 Emergency MOTION for Preliminary Injunction and Memorandum of Law in Support Thereof by Avery Garfield. (Newman, Russell) |
| Filing 84 NOTICE of Correspondence received from Gladkowski titled "Affidavit of Eric J. Gladkowski". (ln) |
| Filing 83 NOTICE of Correspondence received from Gladkowski titled "Affidavit of Cassandra Gladkowski". (ln) |
| Filing 82 NOTICE of Correspondence received from Evans titled "Affidavit of Daniel Evans". (ln) |
| Filing 80 NOTICE of Correspondence received from Tracy Cumming titled "Affidavit of Tracy Cumming". (ln) |
| Filing 79 NOTICE of Correspondence received from The Edwards titled "Affidavit of John Edwards". (ln) |
| Filing 78 NOTICE of Correspondence received from Andrew Maria titled "Affidavit of Andrew Maria". (ln) |
| Filing 77 NOTICE of Correspondence received from Paul Allen titled "Affidavit of Paul Allen". (ln) |
| Filing 76 RESPONSE in Opposition re #28 MOTION to Dismiss filed by Avery Garfield. (Attachments: #1 Exhibit Exhibit 1 - Liberty Counsel Press Release)(Newman, Russell) |
| Filing 75 NOTICE of Correspondence received from JK titled "Affidavit of Julie Karey". (ln) |
| Filing 74 NOTICE of Correspondence received from Kerry Messer titled "Affidavit of Kerry Messer". (ln) |
| Filing 73 NOTICE of Correspondence received from Matthew Corso titled "Affidavit of Matthew J Corso". (ln) |
| Filing 72 NOTICE of Correspondence received from Crystal Jordan titled "Affidavit of Crystal A. Jordan". (ln) |
| Filing 71 NOTICE of Correspondence received from Kristy Marsh titled "Affidavit of Kristy Marsh". (ln) |
| Filing 70 NOTICE of Correspondence received from Kathrine Vanderpoel titled "Affidavit of Kathrine Vanderpoel". (ln) |
| Filing 69 NOTICE of Correspondence received from Nancy DiFranco titled "Affidavit of Nancy DiFranco". (ln) |
| Filing 68 NOTICE of Correspondence received from Jennifer Joyce titled "Affidavit of Jennifer Joyce". (ln) |
| Filing 67 NOTICE of Correspondence received from David Inserra titled "Affidavit of David Inserra". (ln) |
| Filing 66 NOTICE of Correspondence received from Kelly Moonan titled "Affidavit of Kelly C Moonan". (ln) |
| Filing 65 NOTICE of Correspondence received from Kate Grindstaff titled "Affidavit of Kathryn Grindstaff". (ln) |
| Filing 64 NOTICE of Correspondence received from Kathy Lim titled "Affidavit of Kathy Y. Lim". (ln) |
| Filing 63 NOTICE of Correspondence received from Kathleen Tolman titled "Affidavit of Kathleen Tolman". (ln) |
| Filing 62 NOTICE of Correspondence received from Anne Brandner titled "Affidavit of Anne Brandner". (ln) |
| Filing 61 NOTICE of Correspondence received from Tianna Lucas titled "Affidavit of Tianna Lucas". (ln) |
| Filing 60 NOTICE of Correspondence received from Elizabeth Jouvenat titled "Affidavit of Elizabeth Jouvenat". (ln) |
| Filing 59 NOTICE of Correspondence received from Rachelle Cox titled "Affidavit of Rachelle Cox". (ln) |
| Filing 58 NOTICE of Correspondence received from Bradley Hayes titled "Affidavit of Bradley Hayes". (ln) |
| Filing 57 NOTICE of Correspondence received from Karen M. Morrison titled "Affidavit of Karen M. Morrison". (ln) |
| Filing 56 NOTICE of Correspondence received from Vicki Cummings titled "Affidavit of Vicki Cummings". (ln) |
| Filing 55 NOTICE of Correspondence received from Casandra Kemler titled "Affidavit of Casandra D. Kemler". (ln) |
| Filing 54 NOTICE of Correspondence received from P. Cardel titled "Affidavit of Paige Cardel". (ln) |
| Filing 53 NOTICE of Correspondence received from Holly Roolf titled "Affidavit of Holly Roolf". (ln) |
| Filing 52 NOTICE of Correspondence received from Brittiney Dixon titled "Affidavit of Brittiney M Dixon". (ln) |
| Filing 51 NOTICE of Correspondence received from Elsie Hall titled "Affidavit of Elsie Hall". (ln) |
| Filing 50 NOTICE of Correspondence received from Wilma Jewell Hamilton titled "Affidavit of Wilma Jewell Hamilton". (ln) |
| Filing 49 NOTICE of Correspondence received from J. Stiles titled "Affidavit of Jennifer Stiles". (ln) |
| Filing 48 NOTICE of Correspondence received from Amy Kaczmarek titled "Affidavit of Amy Kaczmarek". (ln) |
| Filing 47 NOTICE of Correspondence received from Marie McClanahan titled "Affidavit of Marie McClanahan". (ln) |
| Filing 46 NOTICE of Correspondence received from Vickie Shenk-Marshall titled "Affidavit of Vickie M. Shenk-Marshall". (ln) |
| Filing 45 NOTICE of Correspondence received from Breanna Haspert titled "Affidavit of Breanna Haspert". (ln) (Main Document 45 replaced on 9/24/2021) (ln). |
| Filing 44 NOTICE of Correspondence received from Meredith Benesch titled "Affidavit of Meredith Benesch". (ln) |
| Filing 43 NOTICE of Correspondence received from Nicole Higgins titled "Affidavit of Nicole Higgins". (ln) |
| Filing 42 NOTICE of Correspondence received from Lisa Staal titled "Affidavit of Lisa Staal". (ln) |
| Filing 41 NOTICE of Correspondence received from Vinnie Neal titled "Affidavit of Vinnie Neal". (ln) |
| Filing 40 NOTICE of Correspondence received from Meredith Yzerman titled "Affidavit of Meredith Yzerman". (ln) |
| Filing 39 NOTICE of Correspondence received from Alison DeJonge titled "Affidavit of Alison DeJonge". (ln) |
| Filing 38 NOTICE of Correspondence received from Kimberly Charron titled "Affidavit of Kimberly A. Charron". (ln) |
| Filing 37 NOTICE of Correspondence received from Kathy Monti titled "Affidavit of Stephen E. Petty, P.E., C.I.H., C.S.P.". (ln) |
| Filing 36 NOTICE of Correspondence received from Megan M. Heim titled "Affidavit of Megan M. Heim". (ln) |
| Filing 35 NOTICE of Correspondence received from Jennifer Kutz titled "Affidavit of Jennifer Kutz". (ln) |
| Filing 34 NOTICE of Correspondence received from Patricia A. Tennant titled "Affidavit of Patricia A. Tennant". (ln) |
| Filing 33 NOTICE of Correspondence received from Matthew S. McDonald titled "Affidavit of Matthew S. McDonald". (ln) |
| Filing 32 NOTICE of Correspondence received from Donald D. Wilson titled "Affidavit of Donald D. Wilson". (ln) |
| Filing 31 NOTICE of Correspondence received from Melinda Sauvageau titled "Affidavit of Melinda Sauvageau". (ln) |
| Filing 30 Emergency MOTION to Expedite Status Update and for an Order on Plaintiff's Second Emergency Motion for Temporary Restraining Order by Avery Garfield. (Newman, Russell) |
| Filing 29 MEMORANDUM in Support of #28 MOTION to Dismiss filed by Middle Tennessee State University, Jenny Sauls . (Carter, E.) |
| Filing 28 MOTION to Dismiss by Middle Tennessee State University, Jenny Sauls. (Carter, E.) |
| Filing 27 RESPONSE in Opposition re #25 Second MOTION for Temporary Restraining Order filed by Middle Tennessee State University, Jenny Sauls. (Attachments: #1 Exhibit FDA letter, #2 Exhibit Sauls Affidavit)(Carter, E.) |
| Filing 26 NOTICE of Filing by Avery Garfield re #25 Second MOTION for Temporary Restraining Order (Attachments: #1 Attachment Email from Jenny Sauls re Failure/Withdrawal)(Newman, Russell) |
| Filing 25 Second MOTION for Temporary Restraining Order by Avery Garfield. (Attachments: #1 Exhibit Exhibit A - Third Affidavit of Avery Garfield, #2 Exhibit Exhibit B - America's Frontline Doctors Motion for Preliminary Injunction, #3 Exhibit Exhibit C - Order Granting Temporary Restraining Order, #4 Attachment Proposed Temporary Restraining Order)(Newman, Russell) |
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Filing 24
MEMORANDUM AND ORDER: Because Plaintiff has failed to show irreparable harm, the pending Motion for a Temporary Restraining Order (Doc. No. #7 ) is DENIED. Signed by District Judge William L. Campbell, Jr on 9/1/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 23 AMENDED COMPLAINT FOR DECLARATORY JUDGMENT by Avery Garfield. (Attachments: #1 Exhibit 12 - FDA Letter Dated August 23, 2021)(Newman, Russell) |
| Filing 22 PLAINTIFF'S SUPPLEMENTAL BRIEF REGARDING ABSTENTION filed by Avery Garfield re #18 Order. (Newman, Russell) |
| Filing 21 DEFENDANTS' SUPPLEMENTAL BRIEF filed by Middle Tennessee State University, Jenny Sauls re #18 Order. (Carter, E.) |
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Filing 20
ORDER: Plaintiff has filed an Emergency Motion for relief from the Court's briefing order. (Doc. No. #19 ). Plaintiff's Motion (Doc. No. #19 ) is DENIED. The briefing schedule imposed in the Court's order remains in effect, though the parties may submit their briefs sooner than the Court's deadline, if they wish. Signed by District Judge William L. Campbell, Jr on 8/19/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 19 Emergency MOTION to Expedite Relief from an Order by Avery Garfield. (Attachments: #1 Exhibit Exhibit 1 - Rutherford County Chancery Court Pleadings)(Newman, Russell) |
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Filing 18
ORDER: Pending before the Court is Plaintiff's Emergency Motion for Temporary Restraining Order. (Doc. No. #7 ). On or before August 25, 2021, the parties shall submit supplemental briefs not to exceed ten pages addressing whether any abstention doctrine applies in this matter. The parties may submit responses to each other's briefs not to exceed five pages on or before August 30, 2021. Signed by District Judge William L. Campbell, Jr on 8/18/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 17 CERTIFICATE Certificate of Service filed by Middle Tennessee State University, Jenny Sauls re #16 Response in Opposition to Motion, filed by Jenny Sauls, Middle Tennessee State University. (Carter, E.) |
| NOTICE TO FILER re DE#16 : 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 a certificate of service. Please FILE a conformed Certificate of Service for this document. (ln) |
| TN State Bar status verified as active for E. Ashley Carter, Lindsay H. Sisco, and Carolyn Underwood Smith admitted to this court. (ln) |
| Filing 16 RESPONSE in Opposition re #7 Emergency MOTION for Temporary Restraining Order filed by Middle Tennessee State University, Jenny Sauls. (Attachments: #1 Exhibit No. 1 to Defendants' Response to TRO, Affidavit of Dr. Jenny Sauls)(Carter, E.) |
| Filing 15 Summons issued as to Dr. Jenny Sauls. Per phone call, service copy will be picked up by counsel. (ln) |
| Filing 14 NOTICE of Summons to be Issued as to Dr. Jenny Sauls. (Newman, Russell) |
| Filing 13 Summons issued as to Middle Tennessee State University. Per phone call, service copy will be picked up by counsel. (ln) |
| Filing 12 NOTICE of Summons to be Issued as to Middle Tennessee State University. (Newman, Russell) |
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Filing 11
ORDER: Accordingly, Plaintiff is ORDERED to serve Defendants with a copy of the Complaint (Doc. No. #1 ), the Motion for Temporary Restraining Order (Doc. No. #7 ), and this Order on or before Thursday, August 12, 2021. Defendants shall file a response to Plaintiff's Motion (Doc. No. #7 ) on or before Tuesday, August 17, 2021. Signed by District Judge William L. Campbell, Jr on 8/11/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 10 CERTIFICATE Certificate of Service filed by Avery Garfield re #8 Declaration filed by Avery Garfield, #9 Additional Attachments to Main Document. (Newman, Russell) |
| NOTICE TO FILER re DE#8 , #9 : 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 a certificate of service. Please FILE a conformed Certificate of Service for these documents. (ln) |
| Filing 9 Additional Attachments to Main Document re: #7 Emergency MOTION for Temporary Restraining Order . (Newman, Russell) |
| Filing 8 DECLARATION of Russell A. Newman filed by Avery Garfield re: #7 Emergency MOTION for Temporary Restraining Order . (Newman, Russell) |
| Filing 7 Emergency MOTION for Temporary Restraining Order by Avery Garfield. (Attachments: #1 Exhibit Exhibit A - Affidavit of Avery Garfield)(Newman, Russell) |
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Filing 6
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 8/10/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 10/7/2021 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. (ln) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (ln) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) |
| Filing 1 COMPLAINT against Middle Tennessee State University and Dr. Jenny Sauls (Filing fee $402, Receipt number 0650-3424391) filed by Avery Garfield. (Attachments: #1 Exhibit 1 - PHE Declaration, #2 Exhibit 2 - Fact Sheet Janssen, #3 Exhibit 3 - Fact Sheet Moderna, #4 Exhibit 4 - Fact Sheet Pfizer, #5 Exhibit 5 - Federal Register Vol. 85 No. 52, #6 Exhibit 6 - Federal Register Vol. 86 No. 49, #7 Exhibit 7 - PHE Declaration, #8 Exhibit 8 - Email 7/19/21, #9 Exhibit 9 - Email 7/21/19, #10 Exhibit 10 - Email 7/27/21, #11 Exhibit 11 - FDA Guidelines EUA, #12 Attachment 1 - Civil Cover Sheet)(ln) |
| TN State Bar status verified as active for Russell A. Newman admitted to this court. (ln) |
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