McCaleb v. Long
Plaintiff: Dan McCaleb
Defendant: Michelle Long
Case Number: 3:2022cv00439
Filed: June 13, 2022
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Jeffery S Frensley
Referring Judge: Eli J Richardson
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2022 Opinion or Order Filing 32 ORDER: Pending before the Court is the Defendant's Motion to Postpone the Initial Case Management Conference and Stay Discovery. Docket No. #29 . In order for the Court to consider the motion to stay and allow for it to be fully briefed the Initial Case Management Conference is continued and reset for September 19, 2022, at 9:00 a.m. by telephone. The Parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. Signed by Magistrate Judge Jeffery S. Frensley on 8/9/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
August 9, 2022 Opinion or Order Reset Hearing: Initial Case Management Conference by Telephone is reset for 9/19/2022 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (mg)
August 8, 2022 Opinion or Order Filing 31 PROPOSED CASE MANAGEMENT ORDER Joint Proposed Order Filed by the Parties filed by Dan McCaleb. (Dougherty, Buck)
August 8, 2022 Opinion or Order Filing 30 MEMORANDUM in Support of #29 MOTION to Stay filed by Michelle Long . (Kleinfelter, Janet)
August 8, 2022 Opinion or Order Filing 29 MOTION to Stay by Michelle Long. (Kleinfelter, Janet)
August 4, 2022 Opinion or Order Filing 28 REPLY in Support re #24 MOTION to Dismiss for Lack of Jurisdiction filed by Michelle Long. (Kleinfelter, Janet) Modified on 8/5/2022 (mg).
July 28, 2022 Opinion or Order Filing 27 RESPONSE in Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Response filed by Dan McCaleb. (Attachments: #1 Exhibit 2022-2023 State Budget)(Dougherty, Buck)
July 21, 2022 Opinion or Order Filing 26 REPLY to Response to re #20 MOTION for Preliminary Injunction Plaintiff's Reply filed by Dan McCaleb. (Attachments: #1 Attachment Supplemental Declaration Dan McCaleb, #2 Exhibit May 20, 2016 Notice of Public Meeting, #3 Exhibit TCA 16-3-601 Current Advisory Commission)(Dougherty, Buck)
July 14, 2022 Opinion or Order Filing 25 MEMORANDUM in Support of #24 MOTION to Dismiss for Lack of Jurisdiction filed by Michelle Long . (Kleinfelter, Janet)
July 14, 2022 Opinion or Order Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Michelle Long. (Kleinfelter, Janet)
July 14, 2022 Opinion or Order Filing 23 RESPONSE in Opposition re #20 MOTION for Preliminary Injunction filed by Michelle Long. (Attachments: #1 Exhibit R. Harmon Supp. Declaration)(Kleinfelter, Janet)
July 13, 2022 Opinion or Order Filing 22 ORDER granting #21 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for James McQuaid to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 07/13/2022. (lh)
July 5, 2022 Opinion or Order Filing 21 MOTION for attorney James McQuaid to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3623109) by Dan McCaleb. (Attachments: #1 Attachment Certificate of Good Standing)(Dougherty, Buck)
June 30, 2022 Opinion or Order Filing 20 MOTION for Preliminary Injunction by Dan McCaleb. (Attachments: #1 Attachment Declaration of Dan McCaleb, #2 Attachment Memorandum of Law)(Dougherty, Buck)
June 30, 2022 Opinion or Order Filing 19 AMENDED COMPLAINT For Declaratory And Injunctive Relief against Michelle Long, filed by Dan McCaleb.(Dougherty, Buck)
June 30, 2022 Opinion or Order Filing 18 SUMMONS returned executed by Dan McCaleb. Michelle Long served on 6/30/2022. (Dougherty, Buck)
June 27, 2022 Opinion or Order Filing 17 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 6/27/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
June 16, 2022 Opinion or Order Filing 16 ORDER: Pursuant to Local Rule 65.01(e), this case is returned to Judge Eli Richardson. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/16/2022. (mg)
June 15, 2022 Opinion or Order Filing 15 ORDER: The Court held a hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction ("Motion") (Doc. No. #5 ) on June 14, 2022. Based on Defendant's representations during the hearing, both parties agreed injunctive relief is unnecessary at this time. The Court withheld its decision pending its review of a document it directed Defendant to file under seal following the hearing. Defendant filed the document (Doc. No. #12 ), and the Court has reviewed it. The Court agrees with the parties that injunctive relief is presently unnecessary. Accordingly, the Motion (Doc. No. #5 ) is DENIED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/15/2022. (mg)
June 15, 2022 Opinion or Order Filing 14 ORDER: Defendant's Motion to File Document Ex Parte and Under Seal (Doc. No. #11 ) is GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/15/2022. (mg)
June 14, 2022 Opinion or Order Filing 13 Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Status Conference held on 6/14/2022. The Court held a hearing concerning Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 5). The Court withheld its decision pending its review of a document it directed Defendant to file under seal following the hearing. (Court Reporter Lise Matthews.) ORDER to enter. (Hearing lasted :35)(sw)
June 14, 2022 Opinion or Order Filing 12 Sealed Document filed by Michelle Long. (Kleinfelter, Janet)
June 14, 2022 Opinion or Order Filing 11 MOTION to Seal Document by Michelle Long. (Kleinfelter, Janet)
June 14, 2022 Opinion or Order Filing 10 RESPONSE in Opposition re #5 First MOTION for Temporary Restraining Order First MOTION for Preliminary Injunction filed by Michelle Long. (Attachments: #1 Exhibit R. Harmon Declaration)(Kleinfelter, Janet)
June 14, 2022 Opinion or Order Filing 9 First MOTION to Supplement #5 First MOTION for Temporary Restraining Order First MOTION for Preliminary Injunction Supplemental Brief by Dan McCaleb. (Dougherty, Buck) Modified on 6/27/2022 (kc).
June 13, 2022 Opinion or Order Filing 8 ORDER: Plaintiff has filed a Motion for Temporary Restraining Order and Preliminary Injunction ("Motion") (Doc. No. #5 ). The Court will hold a hearing regarding the Motion on June 14, 2022 at 3:00 p.m. in Courtroom 6B, 719 Church Street, Nashville, TN. Additionally, the Court orders as follows: (1) Defendant shall respond to the Motion no later than June 14, 2022 at 12:00 p.m. (2) Defendant's response shall, among other things, (a) discuss whether and to what extent annual meetings of the Tennessee Judicial Conference have historically been open to the public and the press and (b) discuss whether permitting video and/or audio access to annual meetings of the Tennessee Judicial Conference is feasible. (3) Plaintiff may file a supplemental brief addressing the same topics no later than June 14, 2022 at 12:00 p.m. Plaintiff, and the Clerk, shall serve a copy of this Order upon the Tennessee Attorney General & Reporter. (Email sent to Office of the Attorney General & Reporter at tnattygen@ag.tn.gov). Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
June 13, 2022 Opinion or Order Filing 7 Temporary Restraining Order Memorandum of Law by Dan McCaleb. (Dougherty, Buck) Modified on 6/13/2022 correcting wrong event by filer (bs).
June 13, 2022 Opinion or Order Filing 6 Temporary Restraining Order Declaration of Dan McCaleb by Dan McCaleb. (Dougherty, Buck) Modified on 6/13/2022 correcting incorrect event by filer(bs).
June 13, 2022 Opinion or Order Filing 5 First MOTION for Temporary Restraining Order , First MOTION for Preliminary Injunction by Dan McCaleb. (Attachments: #1 Attachment Proposed Order)(Dougherty, Buck)
June 13, 2022 Opinion or Order Filing 4 NOTICE of Initial Case Management Conference by Telephone set for 8/11/2022 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (mg)
June 13, 2022 Opinion or Order Filing 3 Summons issued as to Michelle Long. Service copies will be picked up by counsel. (Note: Hours for pick up at Intake, 9:00 am to 3:00 pm (CST).) (mg)
June 13, 2022 Opinion or Order Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
June 13, 2022 Opinion or Order Filing 1 COMPLAINT against Michelle Long (Filing fee $402, Receipt number ATNMDC-3611077), filed by Dan McCaleb. (Attachments: #1 Exhibit 1 - Closure Policy #3.04, #2 Attachment - Civil Cover Sheet)(mg)
June 13, 2022 Opinion or Order TN State Bar status verified as active for M. E. Buck Dougherty, III admitted to this court. (mg)
June 13, 2022 Opinion or Order NOTICE TO COUNSEL James McQuaid: 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 7/5/2022. (mg)
June 13, 2022 Opinion or Order IL State Bar status verified as active for James McQuaid not admitted to this court - Local counsel secured. (mg)

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Plaintiff: Dan McCaleb
Represented By: Buck Dougherty
Represented By: James McQuaid
Represented By: M. E. Buck Dougherty, III
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Defendant: Michelle Long
Represented By: Janet M. Kleinfelter
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