Garrett v. Metropolitan Government of Nashville et al
| Paul Shane Garrett |
| Metropolitan Government of Nashville, Roy Dunaway, E. J. Bernard, Jeff West, Dean Haney and David Miller |
| 3:2022cv00044 |
| January 21, 2022 |
| US District Court for the Middle District of Tennessee |
| Barbara D Holmes |
| Eli J Richardson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 82 ENTRY OF JUDGMENT re: #81 Order Dismissing Case. (ad) |
Filing 81
ORDER DISMISSING CASE: The parties have filed a Stipulation of Dismissal (Doc. No. #79 , "Stipulation"), which was signed by counsel for all parties and filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Because the parties have stated that the dismissal is with prejudice, the dismissal in fact is with prejudice. Additionally, as stated in the stipulation, the previous dismissal without prejudice of Defendant David Miller (Doc. No. #47 ) is converted to dismissal with prejudice. Accordingly, the Court acknowledges that this action has been DISMISSED with prejudice, and the Clerk is directed to close the file. This Order shall constitute final judgment for purposes of Fed. R. Civ. P. 58. Signed by District Judge Eli J. Richardson on 03/03/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 80
ORDER: In light of the parties' notice of settlement (Doc. No. #78 ), the pretrial conference set for December 29, 2023, the jury trial set for January 16, 2024, and all related pretrial deadlines are canceled, to be rescheduled, if appropriate (as seems unlikely). By March 7, 2023, the parties shall file either a joint stipulation of dismissal or a notice providing an update as to the status of the settlement. Signed by District Judge Eli J. Richardson on 03/01/23. (ad)
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| Filing 79 STIPULATION of Dismissal With Prejudice (JOINT) by Paul Shane Garrett. (Sanders, J.) |
| Filing 78 NOTICE of Settlement by Metropolitan Government of Nashville (Roberge, Melissa) |
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Filing 77
ORDER granting #70 Motion for Leave to File Excess Pages. Additional 9 page limit granted. Signed by District Judge Eli J. Richardson on 02/21/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 76 STATUS REPORT Joint Status Report by Metropolitan Government of Nashville. (Roberge, Melissa) |
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Filing 75
ORDER: In light of the filing of the Amended Partial Motion to Dismiss (Doc. No. #50 ), which inter alia amends the argument as to Count X originally presented in the first motion, the first motion (Doc. No. #30 ) is DENIED as moot. Signed by District Judge Eli J. Richardson on 01/09/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 74 NOTICE by Metropolitan Government of Nashville Notice of Withdrawal of Counsel (Ricci, Mallory) |
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Filing 73
ORDER granting in part Defendant Jeff West's and Defendant Roy Dunaway's #61 joint motion to stay discovery. Signed by Magistrate Judge Barbara D. Holmes on 12/08/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 72 REPLY to Response to re #57 MOTION for Judgment on the Pleadings Partial Judgment on the Pleadings filed by Roy Dunaway. (Berexa, Kristin) |
| Filing 71 REPLY to Response to re #61 Joint MOTION to Stay Discovery and Memorandum in Support filed by Roy Dunaway, Jeff West. (Berexa, Kristin) |
| Filing 70 Unopposed MOTION for Leave to File Excess Pages by Jeff West. (Blair, Rebecca) |
| Filing 69 REPLY to Response to re #59 MOTION for Judgment on the Pleadings filed by Jeff West. (Blair, Rebecca) |
| Filing 68 RESPONSE in Opposition re #59 MOTION for Judgment on the Pleadings filed by Paul Shane Garrett. (Harbison, William) |
| Filing 67 RESPONSE in Opposition re #57 MOTION for Judgment on the Pleadings Partial Judgment on the Pleadings filed by Paul Shane Garrett. (Harbison, William) |
| Filing 66 RESPONSE in Opposition re #61 Joint MOTION to Stay Discovery and Memorandum in Support filed by Paul Shane Garrett. (Harbison, William) |
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Filing 65
ORDER Pending before the Court is the parties' joint motion for extensions of various case management and other deadlines (Docket No. #63 ), which is GRANTED. The deadline for Plaintiff to respond to Defendant Dunaway's motion for partial judgment on the pleadings (Docket No. #57 ), to Defendant West's motion for judgment on the pleadings (Docket No. #59 ), and to Defendants Dunaway and West's motion to stay discovery (Docket No. #61 ) is extended to November 22, 2022. The deadline for Defendants Dunaway and West to file optional replies to Plaintiff's responses is extended to December 6, 2022. The deadline for written discovery and fact witness depositions is extended to February 28, 2023. The deadline for filing dispositive motions is extended to July 14, 2023. Signed by Magistrate Judge Barbara D. Holmes on 11/17/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 64 STATUS REPORT (Joint) by Paul Shane Garrett. (Sanders, J.) |
| Filing 63 Joint MOTION for Extension of Time to File Response/Reply and Extend Deadlines by Paul Shane Garrett. (Harbison, William) |
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Filing 62
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on October 31, 2022, Defendant Roy Dunaway filed a motion for partial judgment on the pleadings #57 . In addition, on November 1, 2022, Defendant Jeff West filed a motion for judgment on the pleadings #59 . The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 11/03/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 61 Joint MOTION to Stay Discovery and Memorandum in Support by Jeff West. (Blair, Rebecca) |
| Filing 60 MEMORANDUM in Support of #59 MOTION for Judgment on the Pleadings filed by Jeff West . (Blair, Rebecca) |
| Filing 59 MOTION for Judgment on the Pleadings by Jeff West. (Blair, Rebecca) |
| Filing 58 MEMORANDUM in Support of #57 MOTION for Judgment on the Pleadings Partial Judgment on the Pleadings filed by Roy Dunaway . (Berexa, Kristin) |
| Filing 57 MOTION for Judgment on the Pleadings Partial Judgment on the Pleadings by Roy Dunaway. (Berexa, Kristin) |
| Filing 56 ANSWER to #1 Complaint, by Metropolitan Government of Nashville.(Roberge, Melissa) |
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Filing 55
ORDER granting #54 Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 5/17/2022. (dt)
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| Filing 54 Unopposed MOTION for Leave to File Excess Pages by Metropolitan Government of Nashville. (Bussell, Allison) |
| Filing 53 REPLY to Response to re #50 Amended MOTION to Dismiss for Failure to State a Claim filed by Metropolitan Government of Nashville. (Bussell, Allison) |
| Filing 52 RESPONSE to Motion re #50 Amended MOTION to Dismiss for Failure to State a Claim filed by Paul Shane Garrett. (Harbison, William) |
| Filing 51 MEMORANDUM in Support of #50 Amended MOTION to Dismiss for Failure to State a Claim filed by Metropolitan Government of Nashville . (Bussell, Allison) |
| Filing 50 Amended MOTION to Dismiss for Failure to State a Claim by Metropolitan Government of Nashville. (Bussell, Allison) |
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Filing 49
ORDER: The motion #48 is granted. Defendant shall file an amended motion to dismiss on or before April 22, 2022. Plaintiff shall file a response to the amended motion to dismiss on or before May 6, 2022. Any reply may be filed within seven (7) days after service of the response. Signed by District Judge Eli J. Richardson on 4/21/2022.(ln)
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| Filing 48 MOTION to Amend/Correct #30 Partial MOTION to Dismiss for Failure to State a Claim by Metropolitan Government of Nashville. (Attachments: #1 Exhibit 1 - Defendant Metro's Amended Partial Motion to Dismiss, #2 Exhibit 2 - Memorandum of Law In Support of Defendant Metro's Amended Partial Motion to Dismiss)(Bussell, Allison) |
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Filing 47
***AMENDED PER D/E 81*** ORDER: Plaintiff has filed a "Joint Motion of Plaintiff Paul Shane Garrett and Defendant David Miller to Drop David Miller as a Party, Without Prejudice, Pursuant to Fed. R. Civ. P. 21" (Doc. No. #46 , "Motion"). Because the Motion indicates that the claims against Defendant David Miller are to be dismissed with prejudice, Plaintiff's claims against Miller are hereby DISMISSED without prejudice. Accordingly, Miller's Motion to Dismiss (Doc. No. #38 ) is DENIED as moot. Signed by District Judge Eli J. Richardson on 4/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 3/3/2023 (ad).
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| Filing 46 Joint MOTION of Plaintiff Paul Shane Garrett and Defendant David Miller to Drop David Miller as a Party, Without Prejudice, Pursuant to Fed. R. Civ. P. 21 by Paul Shane Garrett. (Sanders, J.) |
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Filing 45
ORDER: Plaintiff has filed a Motion for the Voluntary Dismissal of Defendant E.J. Bernard Without Prejudice (Doc. No. #44 , "Motion"). As indicated, a condition of the dismissal is that the claims against Defendant Bernard are dismissed without prejudice. Accordingly, Plaintiffs' claims against Defendant Bernard are hereby DISMISSED without prejudice. E. J. Bernard terminated. Signed by District Judge Eli J. Richardson on 4/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 44 MOTION Voluntary Dismissal, Without Prejudice, of Defendant EJ Bernard Pursuant to Rule 21 by Paul Shane Garrett. (Ellis, Samantha) |
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Filing 43
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on April 1, 2022, Defendant David Miller filed a motion to dismiss. The Clerk is directed to forward the motion to the Honorable Eli J. Richardson, District Judge for his consideration of Defendants' motions to dismiss. Signed by Magistrate Judge Barbara D. Holmes on 4/6/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 42
ORDER: A Jury Trial is set for 1/16/2024 at 9:00 AM before District Judge Eli J. Richardson. The Exhibit List, Witness List, and Proposed Pretrial Order are due by 12/29/2023. A Pretrial Conference is set for 1/5/2024 at 8:30 AM before District Judge Eli J. Richardson. All lawyers who will participate in the trial must attend the pretrial conference. Signed by District Judge Eli J. Richardson on 4/5/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 41
INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 8/5/2022. Discovery due by 1/13/2023. Dispositive Motions due by 5/30/2023. Signed by Magistrate Judge Barbara D. Holmes on 4/4/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 40 NOTICE by David Miller Notice of Compliance with TRPC 1.12 (Klein, Kevin) |
| Filing 39 MEMORANDUM in Support of #38 MOTION to Dismiss for Failure to State a Claim filed by David Miller . (Loofbourrow, Ryan) |
| Filing 38 MOTION to Dismiss for Failure to State a Claim by David Miller. (Attachments: #1 Exhibit 1 - Judge Norman's Opinion)(Loofbourrow, Ryan) |
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Filing 37
ORDER: From discussion during the initial case management conference held on March 29, 2022, responsive briefing shall occur as follows: any response to the motion must be filed by no later than April 20, 2022, and an optional reply may be filed by no later than May 4, 2022. Otherwise, briefing, including page limits, shall be in accordance with Local Rule 7.01.The Clerk is directed to forward the motion #30 and responsive briefing for the District Judge's consideration. Signed by Magistrate Judge Barbara D. Holmes on 3/31/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| TN State Bar status verified as active for Claire Goodman Sawyer admitted to this court. (dt) |
| TN State Bar status verified as active for Rebecca Cothran Blair admitted to this court. (dt) |
| Filing 36 ANSWER to #1 Complaint, by Jeff West.(Blair, Rebecca) |
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 3/29/2022; ORDER to enter. (Tape #not recorded.) (Hearing lasted :41)(jwc) |
| Filing 35 NOTICE of Appearance by Claire Goodman Sawyer on behalf of Jeff West (Sawyer, Claire) |
| TN State Bar status verified as active for Kristin Ellis Berexa, John M. L. Brown and Rebecca Wells Demaree admitted to this court. (dt) |
| Filing 34 ANSWER to #1 Complaint, by Roy Dunaway.(Berexa, Kristin) |
| Filing 33 PROPOSED CASE MANAGEMENT ORDER filed by Paul Shane Garrett. (Ellis, Samantha) |
| Filing 32 ANSWER to #1 Complaint, by Dean Haney.(Demaree, Rebecca) |
| Filing 31 MEMORANDUM in Support of #30 Partial MOTION to Dismiss for Failure to State a Claim filed by Metropolitan Government of Nashville . (Ricci, Mallory) |
| Filing 30 Partial MOTION to Dismiss for Failure to State a Claim by Metropolitan Government of Nashville. (Ricci, Mallory) |
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Filing 29
ORDER granting #27 Motion to Extend Responsive Pleading Deadline. David Miller answer due 4/1/2022. All parties shall participate in the preparation of the proposed initial case management order and appear telephonically for the 3/29 initial case management conference at 9:30 a.m. Signed by Magistrate Judge Barbara D. Holmes on 3/22/2022. (vh)
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| Filing 28 NOTICE by Paul Shane Garrett Notice of Withdrawal (Garcia, Marisa) |
| Filing 27 MOTION to Extend Responsive Pleading Deadline by David Miller. (Klein, Kevin) |
| TN State Bar status verified as active for John M. L. Brown, Kevin C. Klein and Ryan P. Loofbourrow admitted to this court. (dt) |
| Filing 26 NOTICE of Appearance by Ryan P. Loofbourrow on behalf of David Miller (Loofbourrow, Ryan) |
| Filing 25 NOTICE of Appearance by Kevin C. Klein on behalf of David Miller (Klein, Kevin) |
| Filing 24 NOTICE of Appearance by John M. L. Brown on behalf of Roy Dunaway (Brown, John) |
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Filing 23
ORDER granting #22 Motion for Extension of Time to Answer the #1 Complaint. Defendant shall have up to March 30, 2022, to answer or otherwise respond. All parties are expected to participate in the preparation of the proposed initial case management order and the Initial Case Management Conference remains scheduled on Tuesday, March 29th at 9:30 a.m. by telephone conference. See DE #4 . Signed by Magistrate Judge Barbara D. Holmes on 2/28/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 22 Unopposed MOTION for Extension of Time to File Answer to Complaint by Jeff West. (Blair, Rebecca) Modified on 2/28/2022 (dt). |
| Filing 21 NOTICE of Appearance by Rebecca Cothran Blair on behalf of Jeff West (Blair, Rebecca) |
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Filing 20
ORDER: Motion for Extension of Time to File Answer on Behalf of Defendant Roy Dunaway, DE #19 is GRANTED. Roy Dunaway's answer due 3/25/2022. Signed by Magistrate Judge Barbara D. Holmes on 2/25/2022. (ln)
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| Filing 19 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Roy Dunaway. (Berexa, Kristin) |
| Filing 18 Summons Returned Unexecuted by Paul Shane Garrett as to David Miller. (Ellis, Samantha) |
| TN State Bar status verified as active for Kristin Ellis Berexa admitted to this court. (dt) |
| Filing 17 NOTICE of Appearance by Kristin Ellis Berexa on behalf of Roy Dunaway (Berexa, Kristin) |
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Filing 16
ORDER granting #14 Motion for Extension of Time to Answer the #1 Complaint. Dean Haney answer due 3/23/2022. Signed by Magistrate Judge Barbara D. Holmes on 2/22/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 15
ORDER granting #8 Motion for Extension of Time to Answer to the #1 Complaint. Metropolitan Government of Nashville answer due 3/23/2022. Signed by Magistrate Judge Barbara D. Holmes on 2/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 14 First MOTION for Extension of Time to File Answer re #1 Complaint, by Dean Haney. (Demaree, Rebecca) |
| Filing 13 (DISREGARD - ENTERED IN ERROR - ATTORNEY TO REFILE) First MOTION for Extension of Time to File Answer re #1 Complaint, by Dean Haney. (Demaree, Rebecca) Modified on 2/17/2022 (dt). |
| Filing 12 ALIAS SUMMONS ISSUED as to David Miller and Jeff West. (Service copies will be picked up by counsel.) (dt) Modified on 2/17/2022 (dt). |
| Filing 11 Summons Returned Unexecuted by Paul Shane Garrett as to David Miller, Jeff West. (Sanders, J.) |
| Filing 10 NOTICE of Summons to be Issued as to Plaintiff. (Sanders, J.) |
| Filing 9 NOTICE of Summons to be Issued as to Plaintiff. (Sanders, J.) |
| TN State Bar status verified as active for Rebecca Wells Demaree, Allison L. Bussell and Mallory Schneider Ricci admitted to this court. (dt) |
| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Metropolitan Government of Nashville. (Bussell, Allison) |
| Filing 7 NOTICE of Appearance by Rebecca Wells Demaree on behalf of Dean Haney (Demaree, Rebecca) |
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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).This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 1/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 5 Summons issued as to E. J. Bernard, Roy Dunaway, Dean Haney, Metropolitan Government of Nashville, David Miller and Jeff West. (Service copies will be picked up by counsel.) (dt) |
| TN State Bar status verified as active for J. Isaac Sanders, William J. Harbison, II and Marisa A. Garcia admitted to this court. (dt) |
| Filing 4 NOTICE of Initial Case Management Conference by Telephone set for 3/29/2022 at 9:30 AM before Magistrate Judge Barbara D. Holmes. (dt) |
| Filing 3 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (dt) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| Filing 1 COMPLAINT against E. J. Bernard, Roy Dunaway, Dean Haney, Metropolitan Government of Nashville, David Miller, Jeff West (Filing fee $402, Receipt number 0650-3518055), filed by Paul Shane Garrett. (Attachments: #1 Exhibit A - Order from Criminal Court for Davidson County, Tennessee, 2002-A-465, #2 Civil Cover Sheet)(dt) |
| TN State Bar status verified as active for Wayne A. Ritchie, II, Stephen Ross Johnson and Samantha I. Ellis admitted to this court. (dt) |
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