Garfield v. Middle Tennessee State University et al
Petitioner: Avery Garfield
Respondent: Middle Tennessee State University and Dr. Jenny Sauls
Case Number: 3:2021cv00613
Filed: August 6, 2021
Court: US District Court for the Middle District of Tennessee
Presiding Judge: William L Campbell
Referring Judge: Jeffery S Frensley
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2021 Filing 104 NOTICE of Appearance by Janet M. Kleinfelter on behalf of Middle Tennessee State University, Jenny Sauls (Kleinfelter, Janet)
October 4, 2021 Filing 103 PROPOSED CASE MANAGEMENT ORDER filed by Avery Garfield. (Newman, Russell)
October 4, 2021 Filing 102 AFFIDAVIT OF Trevor Murphy. (jm)
October 1, 2021 Filing 101 NOTICE of Correspondence received from Phyllis Dispaltro titled "Affidavit of Angela Chan". (ln)
October 1, 2021 Filing 100 NOTICE of Correspondence received from Phyllis Dispaltro titled "Affidavit of Phyllis Dispaltro". (ln)
October 1, 2021 Filing 99 NOTICE of Correspondence received from Phyllis Dispaltro titled "Affidavit of Carolyn Osburn". (ln)
October 1, 2021 Filing 98 NOTICE of Correspondence received from Evans titled "Affidavit of Helen Evans". (ln)
October 1, 2021 Filing 97 NOTICE of Correspondence received from Chase Tague titled "Affidavit of Chase Michael Tague". (ln)
October 1, 2021 Filing 96 NOTICE of Correspondence received from Deborah Hanleigh titled "Affidavit of Deborah Hanleigh". (ln)
October 1, 2021 Opinion or Order 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)
October 1, 2021 Filing 94 RESPONSE in Opposition re #81 Emergency MOTION for Preliminary Injunction filed by Middle Tennessee State University, Jenny Sauls. (Carter, E.)
September 30, 2021 Filing 93 NOTICE of Correspondence received from Merissa Mule titled "Affidavit of Merissa Fiddyment Mule". (ln)
September 30, 2021 Filing 92 NOTICE of Correspondence received from Sarah Linville titled "Affidavit of Sarah Linville". (ln)
September 30, 2021 Filing 91 NOTICE of Correspondence received from Matthew Cinquanta titled "Affidavit of Matthew Damian Cinquanta". (ln)
September 30, 2021 Filing 90 NOTICE of Correspondence received from Matt and Shelby Kirby titled "Affidavit of Matt Kirby". (ln)
September 30, 2021 Filing 89 NOTICE of Correspondence received from Matt and Shelby Kirby titled "Affidavit of Shelby Kirby". (ln)
September 30, 2021 Filing 88 NOTICE of Correspondence received from Matt and Shelby Kirby titled "Affidavit of Cynthia Pigue". (ln)
September 30, 2021 Filing 87 NOTICE of Correspondence received from C. Cayemberg titled "Affidavit of Curt Cayemberg". (ln)
September 30, 2021 Filing 86 NOTICE of Correspondence received from Leah Wilson titled "Affidavit of Leah Wilson". (ln)
September 30, 2021 Filing 85 NOTICE of Correspondence received from Karen L. Fu titled "Affidavit of Karen L. Fu". (ln)
September 30, 2021 Filing 81 Emergency MOTION for Preliminary Injunction and Memorandum of Law in Support Thereof by Avery Garfield. (Newman, Russell)
September 29, 2021 Filing 84 NOTICE of Correspondence received from Gladkowski titled "Affidavit of Eric J. Gladkowski". (ln)
September 29, 2021 Filing 83 NOTICE of Correspondence received from Gladkowski titled "Affidavit of Cassandra Gladkowski". (ln)
September 29, 2021 Filing 82 NOTICE of Correspondence received from Evans titled "Affidavit of Daniel Evans". (ln)
September 29, 2021 Filing 80 NOTICE of Correspondence received from Tracy Cumming titled "Affidavit of Tracy Cumming". (ln)
September 29, 2021 Filing 79 NOTICE of Correspondence received from The Edwards titled "Affidavit of John Edwards". (ln)
September 29, 2021 Filing 78 NOTICE of Correspondence received from Andrew Maria titled "Affidavit of Andrew Maria". (ln)
September 29, 2021 Filing 77 NOTICE of Correspondence received from Paul Allen titled "Affidavit of Paul Allen". (ln)
September 29, 2021 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)
September 27, 2021 Filing 75 NOTICE of Correspondence received from JK titled "Affidavit of Julie Karey". (ln)
September 27, 2021 Filing 74 NOTICE of Correspondence received from Kerry Messer titled "Affidavit of Kerry Messer". (ln)
September 27, 2021 Filing 73 NOTICE of Correspondence received from Matthew Corso titled "Affidavit of Matthew J Corso". (ln)
September 27, 2021 Filing 72 NOTICE of Correspondence received from Crystal Jordan titled "Affidavit of Crystal A. Jordan". (ln)
September 27, 2021 Filing 71 NOTICE of Correspondence received from Kristy Marsh titled "Affidavit of Kristy Marsh". (ln)
September 27, 2021 Filing 70 NOTICE of Correspondence received from Kathrine Vanderpoel titled "Affidavit of Kathrine Vanderpoel". (ln)
September 27, 2021 Filing 69 NOTICE of Correspondence received from Nancy DiFranco titled "Affidavit of Nancy DiFranco". (ln)
September 27, 2021 Filing 68 NOTICE of Correspondence received from Jennifer Joyce titled "Affidavit of Jennifer Joyce". (ln)
September 27, 2021 Filing 67 NOTICE of Correspondence received from David Inserra titled "Affidavit of David Inserra". (ln)
September 27, 2021 Filing 66 NOTICE of Correspondence received from Kelly Moonan titled "Affidavit of Kelly C Moonan". (ln)
September 27, 2021 Filing 65 NOTICE of Correspondence received from Kate Grindstaff titled "Affidavit of Kathryn Grindstaff". (ln)
September 27, 2021 Filing 64 NOTICE of Correspondence received from Kathy Lim titled "Affidavit of Kathy Y. Lim". (ln)
September 27, 2021 Filing 63 NOTICE of Correspondence received from Kathleen Tolman titled "Affidavit of Kathleen Tolman". (ln)
September 27, 2021 Filing 62 NOTICE of Correspondence received from Anne Brandner titled "Affidavit of Anne Brandner". (ln)
September 27, 2021 Filing 61 NOTICE of Correspondence received from Tianna Lucas titled "Affidavit of Tianna Lucas". (ln)
September 27, 2021 Filing 60 NOTICE of Correspondence received from Elizabeth Jouvenat titled "Affidavit of Elizabeth Jouvenat". (ln)
September 27, 2021 Filing 59 NOTICE of Correspondence received from Rachelle Cox titled "Affidavit of Rachelle Cox". (ln)
September 27, 2021 Filing 58 NOTICE of Correspondence received from Bradley Hayes titled "Affidavit of Bradley Hayes". (ln)
September 27, 2021 Filing 57 NOTICE of Correspondence received from Karen M. Morrison titled "Affidavit of Karen M. Morrison". (ln)
September 27, 2021 Filing 56 NOTICE of Correspondence received from Vicki Cummings titled "Affidavit of Vicki Cummings". (ln)
September 27, 2021 Filing 55 NOTICE of Correspondence received from Casandra Kemler titled "Affidavit of Casandra D. Kemler". (ln)
September 24, 2021 Filing 54 NOTICE of Correspondence received from P. Cardel titled "Affidavit of Paige Cardel". (ln)
September 24, 2021 Filing 53 NOTICE of Correspondence received from Holly Roolf titled "Affidavit of Holly Roolf". (ln)
September 24, 2021 Filing 52 NOTICE of Correspondence received from Brittiney Dixon titled "Affidavit of Brittiney M Dixon". (ln)
September 24, 2021 Filing 51 NOTICE of Correspondence received from Elsie Hall titled "Affidavit of Elsie Hall". (ln)
September 24, 2021 Filing 50 NOTICE of Correspondence received from Wilma Jewell Hamilton titled "Affidavit of Wilma Jewell Hamilton". (ln)
September 23, 2021 Filing 49 NOTICE of Correspondence received from J. Stiles titled "Affidavit of Jennifer Stiles". (ln)
September 23, 2021 Filing 48 NOTICE of Correspondence received from Amy Kaczmarek titled "Affidavit of Amy Kaczmarek". (ln)
September 23, 2021 Filing 47 NOTICE of Correspondence received from Marie McClanahan titled "Affidavit of Marie McClanahan". (ln)
September 23, 2021 Filing 46 NOTICE of Correspondence received from Vickie Shenk-Marshall titled "Affidavit of Vickie M. Shenk-Marshall". (ln)
September 23, 2021 Filing 45 NOTICE of Correspondence received from Breanna Haspert titled "Affidavit of Breanna Haspert". (ln) (Main Document 45 replaced on 9/24/2021) (ln).
September 23, 2021 Filing 44 NOTICE of Correspondence received from Meredith Benesch titled "Affidavit of Meredith Benesch". (ln)
September 23, 2021 Filing 43 NOTICE of Correspondence received from Nicole Higgins titled "Affidavit of Nicole Higgins". (ln)
September 23, 2021 Filing 42 NOTICE of Correspondence received from Lisa Staal titled "Affidavit of Lisa Staal". (ln)
September 23, 2021 Filing 41 NOTICE of Correspondence received from Vinnie Neal titled "Affidavit of Vinnie Neal". (ln)
September 23, 2021 Filing 40 NOTICE of Correspondence received from Meredith Yzerman titled "Affidavit of Meredith Yzerman". (ln)
September 22, 2021 Filing 39 NOTICE of Correspondence received from Alison DeJonge titled "Affidavit of Alison DeJonge". (ln)
September 22, 2021 Filing 38 NOTICE of Correspondence received from Kimberly Charron titled "Affidavit of Kimberly A. Charron". (ln)
September 22, 2021 Filing 37 NOTICE of Correspondence received from Kathy Monti titled "Affidavit of Stephen E. Petty, P.E., C.I.H., C.S.P.". (ln)
September 22, 2021 Filing 36 NOTICE of Correspondence received from Megan M. Heim titled "Affidavit of Megan M. Heim". (ln)
September 21, 2021 Filing 35 NOTICE of Correspondence received from Jennifer Kutz titled "Affidavit of Jennifer Kutz". (ln)
September 20, 2021 Filing 34 NOTICE of Correspondence received from Patricia A. Tennant titled "Affidavit of Patricia A. Tennant". (ln)
September 20, 2021 Filing 33 NOTICE of Correspondence received from Matthew S. McDonald titled "Affidavit of Matthew S. McDonald". (ln)
September 20, 2021 Filing 32 NOTICE of Correspondence received from Donald D. Wilson titled "Affidavit of Donald D. Wilson". (ln)
September 20, 2021 Filing 31 NOTICE of Correspondence received from Melinda Sauvageau titled "Affidavit of Melinda Sauvageau". (ln)
September 15, 2021 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)
September 15, 2021 Filing 29 MEMORANDUM in Support of #28 MOTION to Dismiss filed by Middle Tennessee State University, Jenny Sauls . (Carter, E.)
September 15, 2021 Filing 28 MOTION to Dismiss by Middle Tennessee State University, Jenny Sauls. (Carter, E.)
September 15, 2021 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.)
September 14, 2021 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)
September 2, 2021 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)
September 1, 2021 Opinion or Order 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)
August 27, 2021 Filing 23 AMENDED COMPLAINT FOR DECLARATORY JUDGMENT by Avery Garfield. (Attachments: #1 Exhibit 12 - FDA Letter Dated August 23, 2021)(Newman, Russell)
August 25, 2021 Filing 22 PLAINTIFF'S SUPPLEMENTAL BRIEF REGARDING ABSTENTION filed by Avery Garfield re #18 Order. (Newman, Russell)
August 25, 2021 Filing 21 DEFENDANTS' SUPPLEMENTAL BRIEF filed by Middle Tennessee State University, Jenny Sauls re #18 Order. (Carter, E.)
August 19, 2021 Opinion or Order 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)
August 18, 2021 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)
August 18, 2021 Opinion or Order 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)
August 18, 2021 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.)
August 18, 2021 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)
August 18, 2021 TN State Bar status verified as active for E. Ashley Carter, Lindsay H. Sisco, and Carolyn Underwood Smith admitted to this court. (ln)
August 17, 2021 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.)
August 12, 2021 Filing 15 Summons issued as to Dr. Jenny Sauls. Per phone call, service copy will be picked up by counsel. (ln)
August 12, 2021 Filing 14 NOTICE of Summons to be Issued as to Dr. Jenny Sauls. (Newman, Russell)
August 12, 2021 Filing 13 Summons issued as to Middle Tennessee State University. Per phone call, service copy will be picked up by counsel. (ln)
August 12, 2021 Filing 12 NOTICE of Summons to be Issued as to Middle Tennessee State University. (Newman, Russell)
August 11, 2021 Opinion or Order 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)
August 11, 2021 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)
August 11, 2021 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)
August 10, 2021 Filing 9 Additional Attachments to Main Document re: #7 Emergency MOTION for Temporary Restraining Order . (Newman, Russell)
August 10, 2021 Filing 8 DECLARATION of Russell A. Newman filed by Avery Garfield re: #7 Emergency MOTION for Temporary Restraining Order . (Newman, Russell)
August 10, 2021 Filing 7 Emergency MOTION for Temporary Restraining Order by Avery Garfield. (Attachments: #1 Exhibit Exhibit A - Affidavit of Avery Garfield)(Newman, Russell)
August 10, 2021 Opinion or Order 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)
August 6, 2021 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)
August 6, 2021 Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln)
August 6, 2021 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (ln)
August 6, 2021 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln)
August 6, 2021 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)
August 6, 2021 TN State Bar status verified as active for Russell A. Newman admitted to this court. (ln)

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Search for this case: Garfield v. Middle Tennessee State University et al
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Petitioner: Avery Garfield
Represented By: Russell A. Newman
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Respondent: Middle Tennessee State University
Represented By: Carolyn Underwood Smith
Represented By: E. Ashley Carter
Represented By: Janet M. Kleinfelter
Represented By: Lindsay H. Sisco
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Respondent: Dr. Jenny Sauls
Represented By: Carolyn Underwood Smith
Represented By: E. Ashley Carter
Represented By: Janet M. Kleinfelter
Represented By: Lindsay H. Sisco
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