R.K. et al v. Lee et al
| R. K. and W. S. |
| Governor Bill Lee, Williamson County Board of Education and Franklin Special School District |
| 3:2021cv00725 |
| September 17, 2021 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Alistair Newbern |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
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Filing 91
Transcript filed for date of October 13, 2021, before Judge Waverly D. Crenshaw, Jr. Court Reporter: Debbie Watson, 615-403-6893, debbie_watson@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 11/19/2021. Redaction Request due 12/3/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/10/2022. (Watson, Debbie)
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Filing 90
PROPOSED AGREED ORDER by Williamson County Board of Education re #89 Joint MOTION to Defer During Pendency of Appeal. (Carson, Lisa) Modified on 11/15/2021 (bs).
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Filing 89
Joint MOTION to Defer During Pendency of Appeal by Williamson County Board of Education. (Carson, Lisa)
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Filing 88
USCA Case Number 21-5999 for #87 Notice of Appeal filed by Bill Lee. (Jennifer A. Strobel, Case Manager) (bs)
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Filing 87
NOTICE OF APPEAL as to #85 Memorandum Opinion of the Court, #86 Order,,, by Bill Lee. Filing fee $ 505, receipt number 0650-3472726. (Newsom, James)
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Filing 86
ORDER: For the reasons discussed in the accompanying Memorandum Opinion, and in accordance with Federal Rule of Civil Procedure 65, the Court rules as follows: 1. Defendant Governor Lee remains ENJOINED from enforcing Executive Order No.84, as extended by Executive Order No. 89, in Williamson County or allowing parents to opt out of either the Williamson County Board of Education or Franklin Special School System's mask mandates; 2. The Court is entering this Order to prevent further injury, damage, and loss to Plaintiffs; 3. This case will now proceed on the merits, and, unless amended by the Court, this preliminary injunction will remain in effect until a final order issues. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 85
MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 84
RECEIPT #34675063947 in the amount of $300.00 re pro hac vice motions #55 and #56 for Jeffrey Dubner and Samara Spence, posted by R. K., W. S. (kc)
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Filing 83
BRIEF filed by Bill Lee re #79 Order,,, Terminate Motions,, #4 Motion for TRO,, Motion for Preliminary Injunction,. (Smith, Reed)
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Filing 82
BRIEF filed by R. K., W. S. re #79 Order,,, Terminate Motions,,. (Attachments: #1 Exhibit A - Statement of Interest of the United States of America in E.T. v. Texas Educational Agency)(Salonus, Jessica)
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Filing 81
BRIEF filed by Williamson County Board of Education re #79 Order,,, Terminate Motions,, #4 Motion for TRO,, Motion for Preliminary Injunction,. (Carson, Lisa)
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Filing 80
BRIEF filed by Franklin Special School District re #79 Order,,, Terminate Motions,, #4 Motion for TRO,, Motion for Preliminary Injunction,. (Cagle, Charles)
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NOTICE TO COUNSEL Jeffrey Dubner, Samara Spence: DUE NOW, counsel shall pay the Pro Hac Vice Motion filing fee of $150.00 (LR 83.01(b)). (vh)
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Filing 79
ORDER: No later than October 15, 2021 at 12:00 p.m., the parties SHALL file post-hearing briefs limited to ten (10) pages. Plaintiffs' Motion in Limine to Preclude the Testimony of Rachel Suppe #62 is GRANTED IN PART AND DENIED IN PART. Plaintiffs' Motion in Limine to Preclude the Testimony of Dr. Jay Bhattacharya #66 is DENIED. Plaintiffs' Unopposed Motion to Redact Forthcoming Oct. 5, 2021 Transcript #71 is GRANTED. Governor Lee's Motion to Modify Order to Reflect Expiration Date of Temporary Restraining Order #75 is DENIED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/13/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 78
WITNESS/EXHIBIT LIST from Evidentiary Hearing held on 10/13/2021 prepared by Deputy Clerk. (dt)
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Filing 77
Transcript filed for date of October 5, 2021 before Judge Waverly D. Crenshaw Jr.. Court Reporter: Lise Matthews, 615-589-7601, lise_matthews@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 10/20/2021. Redaction Request due 11/3/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/11/2022. (Matthews, Lise)
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Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Evidentiary Hearing held on 10/13/2021. Day 2 of Preliminary Injunction held. Post hearing briefs with a limit of ten (10) pages due by noon on October 15, 2021. Counsel can cite to the rough draft of day 2 only. (Court Reporter Debbie Watson.)(Hearing lasted 3:45)(Parise, Kelly)
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Filing 76
Transcript (excerpt) filed (Jason Abaluck) for date of Oct. 5, 2021 before Judge Waverly D. Crenshaw Jr.. Court Reporter: Lise Matthews, 615-589-7601, lise_matthews@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 10/19/2021. Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022. (Matthews, Lise)
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Filing 75
MOTION to Modify Order (ECF 69) to Reflect Expiration Date of Temporary Restraining Order (ECF 30) by Bill Lee. (Attachments: #1 Attachment Memorandum in Support Thereof)(Newsom, James)
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Filing 74
RESPONSE in Opposition re #66 First MOTION in Limine Plaintiffs' Motion & Memorandum in Limine to Preclude Testimony of Dr. Jay Bhattacharya filed by Bill Lee. (Smith, Reed)
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Filing 73
RESPONSE in Opposition re #62 MOTION in Limine TO PRECLUDE TESTIMONY ABOUT PURELY LEGAL ISSUES FOR THE COURT filed by Bill Lee. (Dowty, Matthew)
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Filing 72
EXHIBIT AND WITNESS LIST from Preliminary Injunction Hearing on 10/5/21 prepared by Kelly Parise, Deputy Clerk.(bs)
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Filing 71
Unopposed MOTION to Redact Forthcoming Oct. 5, 2021 Transcript re Evidentiary Hearing, by R. K., W. S.. (Ashby, Bryce)
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Filing 70
NOTICE of Filing by Bill Lee Deposition Transcript of M.S. (Attachments: #1 Attachment Deposition Transcript of M.S.)(Dowty, Matthew)
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Filing 69
ORDER: The preliminary injunction hearing will resume on October 13, 2021 at 9:00 a.m., at which time the Governor will present two witnesses in support of his opposition to Plaintiffs' Motion for a preliminary injunction (Doc. No. #45 ); 2. Parties may submit post-hearing briefs no later than October 27, 2021, as requested by the Governor; 3. The temporary injunction issued by this Court on September 24, 2021 SHALL be EXTENDED. The injunction SHALL include the same terms as the Court's prior Order (Doc. No. #30 ) unless amended by the Court; and 4. Governor Lee SHALL file responses to Plaintiffs' Motions in Limine (Doc. Nos. #62 , #66 ) no later than October 8, 2021. Plaintiffs may file replies no later than October 11, 2021. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 68
NOTICE of Filing by R. K., W. S. Notice of Filing Deposition Transcript of Dr. Jay Bhattacharya (Attachments: #1 Attachment Deposition Transcript of Dr. Jay Bhattacharya)(Timmons, Brice)
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Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Evidentiary Hearing held on 10/5/2021. Day 1 of the Preliminary Injunction hearing held. The matter is continued until October 13, 2021 at 9:00 a.m. Post hearing briefings due October 27, 2021; Responses to Motions in Limine due October 8, 2021; Replies by October 11, 2021. Temporarily Injunctive Relief is extended. (Court Reporter Lise Matthews.)(Hearing lasted 7:30)(Parise, Kelly)
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Filing 67
NOTICE by Bill Lee re #44 Notice (Other) of Exhibits (Attachments: #1 Exhibit Exhibits 1-10)(Smith, Reed)
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Filing 66
First MOTION in Limine Plaintiffs' Motion & Memorandum in Limine to Preclude Testimony of Dr. Jay Bhattacharya by R. K., W. S.. (Ashby, Bryce)
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Filing 65
ORDER: Governor Lee's Unopposed Motion to Allow Testimony by Remote Means (Doc. No. #51 ) regarding the testimony of Dr. Bhattacharya and Plaintiffs' Unopposed Motion to Present Testimony Via Telephone or Video Conference regarding Dr. Cross, Dr. Abaluck, and Dr. Augustyn (Doc. No. #60 ) are GRANTED. The parties SHALL offer the testimony by video only. The Courtroom Deputy will send a link for the video before 9:30 a.m. on October 5, 2021. The Tennessee Chapter of the American Academy of Pediatrics and American Academy of Pediatrics' Motion for Leave to File as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction (Doc. No. #54 ), Plaintiffs' Unopposed Motion for Leave to File Excess Pages (Doc. No. #58 ), Plaintiffs' Motion to Appear Pro Hac Vice for attorney Jeffrey Dubner (Doc. No. #55 ), and Plaintiffs' Motion to Appear Pro Hac Vice for attorney Samara Spence (Doc. No. #56 ) are GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/4/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 64
ORDER: Due to the number of witnesses anticipated, the Preliminary Injunction hearing set for October 5, 2021 at 10:30 a.m. is RESET for the same date at 9:30 a.m. All counsel participating in the hearing SHALL arrive by 9:00 a.m. to coordinate video-conferencing capabilities with the Court's I.T. department. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/4/2021. (jm)
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Filing 63
ORDER OF RECUSAL: I recuse myself from this matter. The Clerk's Office is DIRECTED to assign this case to another magistrate judge by random selection.The initial case management conference set on December 1, 2021, is CANCELLED and will be reset by the newly assigned magistrate judge. Magistrate Judge Alistair Newbern recused. Signed by Magistrate Judge Alistair Newbern on 10/4/2021. (Case randomly reassigned to Magistrate Judge Jeffery S. Frensley by the Clerk's Office for all further proceedings) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 62
MOTION in Limine TO PRECLUDE TESTIMONY ABOUT PURELY LEGAL ISSUES FOR THE COURT by R. K., W. S.. (Gilbert, Justin)
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Filing 61
WAIVER OF SERVICE Returned Executed by Franklin Special School District. Franklin Special School District waiver sent on 9/18/2021. (Cagle, Charles)
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Filing 60
Unopposed MOTION to Present Testimony via Telephone or Video Conference by R. K., W. S.. (Ashby, Bryce)
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Filing 59
REPLY to Response to re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Reply to Defendant Gov. Lee) filed by R. K., W. S.. (Attachments: #1 Exhibit DOJ Statement of Interest, #2 Exhibit Declaration and CV of Jason Abaluck, PhD, #3 Exhibit Declaration and CV of Marilyn Augustyn MD, #4 Exhibit Deposition of Sara Cross)(Ashby, Bryce)
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Filing 58
Unopposed MOTION for Leave to File Excess Pages by R. K., W. S.. (Ashby, Bryce)
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Filing 57
NOTICE by R. K., W. S. of Witnesses and Exhibits (Attachments: #1 Exhibit Plaintiffs Exs. 1-12, #2 Exhibit Plaintiffs Exs. 13-29, #3 Exhibit Plaintiffs Ex. 30-31)(Ashby, Bryce)
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Filing 56
MOTION for attorney Samara Spence to Appear Pro Hac Vice (Fee not paid-due within 21 days) by R. K., W. S.. (Hans, Gautam)
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Filing 55
MOTION for attorney Jeffrey Dubner to Appear Pro Hac Vice (Fee not paid-due within 21 days) by R. K., W. S.. (Hans, Gautam)
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Filing 54
MOTION for Leave to FOR LEAVE TO FILE AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by R. K., W. S.. (Attachments: #1 Attachment Proposed Amici Curiae Brief)(Hans, Gautam)
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Filing 53
Amicus Curiae APPEARANCE entered by Gautam S. Hans on behalf of R. K., W. S.. (Hans, Gautam)
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Filing 52
REPLY to Response to re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Reply to Defendants FSSD's and WCBOE's Responses) filed by R. K., W. S.. (Ashby, Bryce)
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Filing 51
Unopposed MOTION to Allow Testimony By Remote Means by Bill Lee. (Attachments: #1 Attachment Memorandum in Support Thereof)(Mallea, Colleen)
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Filing 50
NOTICE by Bill Lee of Extension of Executive Order (Attachments: #1 Attachment Executive Order No. 88, #2 Attachment Executive Order No. 89)(Smith, Reed)
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Filing 49
WAIVER OF SERVICE Returned Executed by W. S., R. K.. Williamson County Board of Education waiver sent on 9/29/2021. (Salonus, Jessica)
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Filing 48
WAIVER OF SERVICE Returned Executed by W. S., R. K.. Bill Lee waiver sent on 9/29/2021. (Timmons, Brice)
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Filing 47
ORDER: The Plaintiffs' Unopposed Motion to Remove Robert A. Donati From Notices and Representation in this Case (Doc. No. #33 ) is GRANTED and Mr. Donati shall be removed from the docket as attorney of record for the Plaintiffs. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/29/2021. (vh)
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Filing 46
ORDER: The Court GRANTS Governor Lee's Motion to Vacate. (Doc. No. #32 ). The Court VACATES only the portion of its scheduling order that requires Governor Lee to file whether he intends to extend Executive Order No. 84 by October 1, 2021. (Doc. No. #18 at 2). Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/28/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 45
RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Corrected Filing) filed by Bill Lee. (Smith, Reed)
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Filing 44
NOTICE of Filing by Bill Lee re #39 Response in Opposition to Motion, Notice of Exhibits and Potential Witnesses (Smith, Reed)
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Filing 43
DECLARATION of Reed Smith in Support of Gov. Lee's Opposition to Motion for Preliminary Injunction filed by Bill Lee re: #39 Response in Opposition to Motion,. (Smith, Reed)
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Filing 42
DECLARATION of Jay Bhattacharya, M.D., Ph.D. in Support of Gov. Lee's Opposition to Motion for Preliminary Injunction filed by Bill Lee re: #39 Response in Opposition to Motion,. (Attachments: #1 Exhibit A. Curriculum Vitae)(Smith, Reed)
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Filing 41
DECLARATION of Rachel Suppe in Support of Opposition to Motion for Preliminary Injunction filed by Bill Lee. (Attachments: #1 Exhibit A. Section 504 Guide, #2 Exhibit B. Civil Rights Protections for Special Education Students, #3 Exhibit C. Section 504 & COVID Considerations PowerPoint)(Smith, Reed)
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Filing 40
DECLARATION of Theresa Nicholls in Support of Gov. Lee's Opposition to Motion for Preliminary Injunction filed by Bill Lee re: #39 Response in Opposition to Motion,. (Attachments: #1 Exhibit A. Special Populations, #2 Exhibit B. Special Populations PowerPoint, #3 Exhibit C. Special Populations Reopening FAQ, #4 Exhibit D. COVID Reminders, #5 Exhibit E. Teleservices Toolkit, #6 Exhibit F. Teleservices FAQ, #7 Exhibit G. Virtual Accommodation Modifications, #8 Exhibit H. Informational Meeting Recording Links, #9 Exhibit I. TAASE 2020, #10 Exhibit J. TOSS October 1, 2020, #11 Exhibit K. Procedural Safeguards)(Smith, Reed)
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Filing 39
RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Bill Lee. (Attachments: #1 Exhibit A. Executive Order 84, #2 Exhibit B. Excerpts from Deposition of Sara Cross, M.D., #3 Exhibit C. FSSD Dashboard, September 28, 2021, #4 Exhibit D. WCS COVID-19 Case Tracker, September 28, 2021)(Smith, Reed)
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Filing 38
NOTICE of Filing by Franklin Special School District re #34 Response to Motion for Preliminary Injunction (Cagle, Charles)
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Filing 37
AFFIDAVIT re #36 Notice (Other) Jason Golden by Williamson County Board of Education. (Carson, Lisa)
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Filing 36
NOTICE of Filing by Williamson County Board of Education in Support of #35 Response to Motion for Preliminary Injunction (Carson, Lisa) Modified on 9/29/2021 (vh).
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Filing 35
RESPONSE to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Williamson County Board of Education. (Carson, Lisa)
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Filing 34
RESPONSE to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Franklin Special School District. (Cagle, Charles)
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Filing 33
First MOTION Unopposed Motion to Remove Robert A. Donati from Notices and Representation in this Case by R. K., W. S.. (Ashby, Bryce)
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Filing 32
MOTION to Vacate Scheduling Order in Part (18) by Bill Lee. (Attachments: #1 Attachment Memorandum in Support of Motion to Vacate)(Smith, Reed)
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Filing 31
ORDER: The telephonic status conference set for September 27, 2021 is CANCELLED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/24/2021. (vh)
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Filing 30
MEMORANDUM OPINION AND ORDER: Plaintiffs' Motion for immediate injunctive relief (Doc. No. #4 ) is GRANTED. Accordingly, the Court orders that: 1. Defendant Governor Lee is ENJOINED from enforcing Executive Order No. 84 in Williamson County or allowing parents to opt out of either the Williamson County Board of Education or Franklin Special School System's mask mandates on a purely voluntary basis; 2. Defendants Williamson County Board of Education and Franklin Special School District are ORDERED to enforce their mask policies without exception for Executive Order No. 84; 3. The Court finds that no bond is required. 4. This injunctive relief shall remain in effect until 11:59 p.m. on Tuesday, October 5,2021 unless extended by this Court; 5. The Court is entering this Order to prevent further injury, damage, and loss to Plaintiffs. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 29
Transcript filed for date of Sept. 20, 2021 before Judge Waverly D. Crenshaw Jr.. Court Reporter: Lise Matthews, 615-589-7601, lise_matthews@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 10/1/2021. Redaction Request due 10/15/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/23/2021. (Matthews, Lise)
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Filing 28
Letter from all parties regarding absence of discovery dispute. (Smith, Reed)
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TN State Bar status verified as active for Charles W. Cagle, Alexander Stuart Rieger, Colleen E. Mallea, Lisa M. Carson, and Courtney M. King admitted to this court. (vh)
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TN State Bar status verified as active for James R. Newsom, III and Matthew R. Dowty admitted to this court. (vh)
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Filing 27
AFFIDAVIT re #26 Notice (Other) of Dr. David Snowden by Franklin Special School District. (Cagle, Charles)
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Filing 26
NOTICE by Franklin Special School District of Extension of Mask Policy (Cagle, Charles)
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Filing 25
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 Chief Judge Waverly D. Crenshaw, Jr on 9/21/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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Filing 24
AFFIDAVIT re #23 Notice (Other) of Dana Ausbrooks by Williamson County Board of Education. (Carson, Lisa)
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Filing 23
NOTICE by Williamson County Board of Education re Status Conference,,, Action at September 20, 2021 Board of Education Meeting (Carson, Lisa)
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Filing 22
NOTICE of Appearance by Matthew R. Dowty on behalf of Bill Lee (Dowty, Matthew)
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Filing 21
NOTICE of Appearance by James R. Newsom, III on behalf of Bill Lee (Newsom, James)
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Filing 20
Letter from Reed Smith regarding hearing on September 20, 2021. (Smith, Reed)
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Filing 19
ORDER: Plaintiffs' Unopposed Motion to use Pseudonyms (Doc. No. #17 ) is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED with respect to Plaintiffs J.K. and W.S. The Motion is DENIED with respect to J.H.S., as that party is not referenced in the Complaint. Signed by Chief Judge Waverly D. Crenshaw, Jr. on 9/20/2021. (bs)
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Filing 18
ORDER: On September 20, 2021, the Court held a status conference on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. Nos. #4 , 4-1). On or before September 28, 2021, Defendants SHALL file a response to Plaintiffs' request for a preliminary injunction (Doc. Nos. #4 , 4-1). On or before October 1, 2021, Plaintiffs SHALL file a reply. An evidentiary hearing to consider Plaintiffs' request for a preliminary injunction is SET for October 5, 2021 at 10:30 a.m.. A telephonic status conference is SET for September 27, 2021 at 9:00 a.m. to address any unresolved discovery disputes. To participate in the call, the parties should call 1-888-278-0296, and when prompted, enter access code 6564835#. Signed by Chief Judge Waverly D. Crenshaw, Jr. on 9/20/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 17
Unopposed MOTION Proceed with Pseudonyms by R. K., W. S.. (Salonus, Jessica)
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Filing 16
RESPONSE to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Bill Lee. (Smith, Reed)
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Filing 15
RESPONSE to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Williamson County Board of Education. (Carson, Lisa)
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Filing 14
NOTICE of Appearance by Colleen E. Mallea on behalf of Bill Lee (Mallea, Colleen)
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Filing 13
NOTICE of Appearance by Alexander Stuart Rieger on behalf of Bill Lee (Rieger, Alexander)
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Filing 12
NOTICE of Appearance by Charles W. Cagle on behalf of Franklin Special School District (Cagle, Charles)
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Filing 11
NOTICE of Appearance by Courtney M. King on behalf of Williamson County Board of Education (King, Courtney)
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Filing 10
NOTICE of Appearance by Lisa M. Carson on behalf of Williamson County Board of Education (Carson, Lisa)
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Filing 9
ORDER granting #8 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Reed Neal Smith to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 08/20/2021. (lh)
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Filing 8
MOTION for attorney Reed Smith to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3450689) by Bill Lee. (Attachments: #1 Attachment Certificate of Good Standing)(Smith, Reed)
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VA State Bar status verified as active for Reed Neal Smith not admitted to this court - Local counsel required. (vh)
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Virginia Bar status verified as active for Reed Neal Smith not admitted to this court - Local counsel required. (lh)
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Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Status Conference held on 9/20/2021. Defendants Franklin Special Schools and Williamson County Board of Education shall file a notice on the status of the mask policy by 9/21/2021 at 5:00 p.m. to include 1) the Boards decisions with the minutes, or a summary of the minutes, 2) the opt-outs in place, 3) length of the extension, and 4) the rationale. Defendants briefing due 9/28/2021; Plaintiffs reply by 10/1/2021. An injunction hearing will be held on 10/5/2021 at 10:30 a.m. Exhibit and witness lists containing a 1-2 sentence summary shall be filed. The parties shall file a notice by noon on 9/24/2021 re any discovery issues. A telephone conference will be held on 9/27/2021 at 9:00 a.m. for unresolved discovery issues. On or before 10/1/2021 the Governor shall file a notice of intentions. (Court Reporter Lise Matthews.)(Hearing lasted :40)(Parise, Kelly)
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Filing 7
ORDER: Before the Court is Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. Nos. #4 , [4-1]) under Federal Rule of Civil Procedure 65 seeking to: (1) enjoin Governor Bill Lee "from enforcing Executive Order No. 84 allowing parents to opt-out of a universal mask mandate policy," and (2) order the Williamson County Board of Education and Franklin Special School District "to implement a universal mask mandate with parental opt-out asa reasonable accommodation under the ADA and Section 504 of the Rehabilitation Act." (Doc. No. 4 at 1). Plaintiffs have requested a hearing. (Doc. No. 4-1 at 15). The Court will hold a hearing on Plaintiffs' motion on Monday, September 20, 2021, at 1:30 P.M. Plaintiffs' counsel SHALL serve a copy of this Order on the Attorney General for the State of Tennessee and all Defendants. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/18/2021. (bs)
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Filing 6
NOTICE of Initial Case Management Conference by Telephone set for 12/1/2021 at 10:30 AM before Magistrate Judge Alistair Newbern. (vh)
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Filing 5
Summons issued as to Franklin Special School District, Bill Lee, and Williamson County Board of Education. (service copies returned to counsel by mail.) (vh)
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Filing 4
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by R. K., W. S.. (Attachments: #1 Attachment Brief in Support of Motion for TRO/PI, #2 Exhibit A: WD Tenn. Order Granting Preliminary Injunction, #3 Exhibit Declaration of JK, #4 Exhibit Declaration of MS, #5 Exhibit Declaration of Sara Cross, MD, #6 Exhibit Declaration of Elizabeth Williams, MD, MPH)(Ashby, Bryce)
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh)
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Filing 2
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (vh)
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Filing 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Franklin Special School District, Bill Lee, and Williamson County Board of Education (Filing fee $402, Receipt number 0650-3450120), filed by W. S., R. K.. (Attachments: #1 Exhibit A-WCS FSSD Letter to Governor, #2 Civil Cover Sheet)(vh) Modified on 9/17/2021 (vh).
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TN State Bar status verified as active for Robert A. Donati not admitted to this court - Local counsel secured. (vh)
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NOTICE TO COUNSEL Robert A. Donati: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 10/8/2021. (vh)
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TN State Bar status verified as active for Bryce W. Ashby, Brice M. Timmons, Craig A. Edgington, Justin S. Gilbert, and Jessica F. Salonus admitted to this court. (vh)
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