Tennessee State Conference of the NAACP et al v. Lee et al
| Tennessee State Conference of the NAACP, League of Women Voters of Tennessee, The Equity Alliance, Memphis A. Philip Randolph Institute, African American Clergy Collective of Tennessee, Judy Cummings, Brenda Gilmore, Ophelia Doe, Freda Player and Ruby Powell-Dennis |
| William B. Lee, Tre Hargett, Mark Goins, State Election Commission, The, Donna Barrett, Judy Blackburn, Jimmy Eldridge, Mike McDonald, Secondra Meadows, Bennie Smith and Kent Younce |
| 3:2023cv00832 |
| August 9, 2023 |
| US District Court for the Middle District of Tennessee |
| Eric E Murphy |
| Benita Y Pearson |
| Eli J Richardson |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 NOTICE of Appearance by Philip Hammersley on behalf of All Defendants (Hammersley, Philip) |
Filing 40
Order [non-document] granting Defendants #37 Motion to Continue Initial Case Management Conference. The Initial Case Management Conference is reset for 10/26/2023 at 2:00 p.m. CT. Counsel for Plaintiffs shall set up the Zoom meeting and email the meeting link to richardson_chambers@tnmd.uscourts.gov and defense counsel. Plaintiffs counsel shall also make listen-only electronic access available to members of the public and media. District Judge Eli Richardson on 10/6/2023. Related document(s) #35 . (vk)
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| Set/Reset Hearings: Telephonic Initial Case Management Conference reset for 10/26/2023 at 2:00 p.m. CT. (vk) |
| Filing 39 STIPULATION Regarding Discovery Procedures by Donna Barrett, Judy Blackburn, Jimmy Eldridge, Mark Goins, Tre Hargett, William B. Lee, Mike McDonald, Secondra Meadows, Bennie Smith, State Election Commission, The, Kent Younce. (Henry, Ryan) |
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Filing 38
ORDER: Defendants' unopposed motion seeking leave to file a motion to dismiss that exceeds the 25-page limit by five pages (Doc. No. 36) is GRANTED. Accordingly, Defendants may file a motion to dismiss of up to 30 pages. Plaintiffs are hereby granted permission to file a response of up to 30 pages. Signed by District Judge Eli J. Richardson, Benita Y. Pearson, and Eric E. Murphy on 10/4/2023. (vk)
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| Filing 37 Unopposed MOTION to Continue by Donna Barrett, Judy Blackburn, Jimmy Eldridge, Mark Goins, Tre Hargett, William B. Lee, Mike McDonald, Secondra Meadows, Bennie Smith, State Election Commission, The, Kent Younce. (Henry, Ryan) |
| Filing 36 Unopposed MOTION for Leave to File Excess Pages by Donna Barrett, Judy Blackburn, Jimmy Eldridge, Mark Goins, Tre Hargett, William B. Lee, Mike McDonald, Secondra Meadows, Bennie Smith, State Election Commission, The, Kent Younce. (Henry, Ryan) |
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Filing 35
ORDER: Initial Case Management Conference is set via Zoom for 10/27/2023 at 01:30 PM (EDT) before District Judge Eli J. Richardson, District Judge Eric E. Murphy, District Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the Zoom meeting and email the meeting link to richardson_chambers@tnmd.uscourts.gov and Defense counsel. Signed by District Judge Eli J. Richardson, District Judge Eric E. Murphy, District Judge Benita Y. Pearson on 9/29/2023. (Attachments: #1 Attachment - Proposed Initial Case Management Order)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 34 Transcript (Zoom Conference) filed for date of September 15, 2023, before Judges Eli J. Richardson, Eric E. Murphy, and Benita Y. Pearson. 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 10/3/2023. Redaction Request due 10/17/2023. Redacted Transcript Deadline set for 10/27/2023. Release of Transcript Restriction set for 12/26/2023. (Watson, Debbie) |
| DC State Bar status verified as active for Ezra D. Rosenberg admitted to this court. Local counsel secured. (kc) |
| Minute Entry for proceedings held before before the appointed three-judge panel (Judge Eli Richardson, Judge Eric E. Murphy, and Judge Benita Y. Pearson) now serving as the Court. Hearing on the parties Joint Status Report Regarding a Proposed Schedule for the Case #28 held on 9/15/2023 via Zoomgov.com. Present were Attorneys Pooja Chaudhuri, Ezra D. Rosenberg, Michelle D. Tuma, Phillip F. Cramer, and Mitchell D. Brown as counsel for Plaintiffs Tennessee State Conference of the NAACP, League of Women Voters of Tennessee, The Equity Alliance, Memphis A. Philip Randolph Institute, African American Clergy Collective of Tennessee, Judy Cummings, Brenda Gilmore, Ophelia Doe, Freda Player, and Ruby Powell-Dennis; Attorney Adam K. Mortara, Assistant Attorneys General Ryan Nicole Henry and Whitney D. Hermandorfer, and Senior Assistant Attorney General Miranda Jones as counsel for Defendants William B. Lee, in his official capacity as Governor of the State of Tennessee; Tre Hargett, in his official capacity as Secretary of State of the State of Tennessee; Mark Goins, in his official capacity as Coordinator of Elections for the State of Tennessee; the State Election Commission; and Donna Barrett, Judy Blackburn, Jimmy Eldridge, Mike McDonald, Secondra Meadows, Bennie Smith, and Kent Younce, in their official capacities as members of the State Election Commission. Unless counsels discussions and mutual agreement result in a different approach, the parties should adhere to their jointly proposed motion-to-dismiss briefing schedule subject to (or in conjunction with) any properly presented motion to stay. Additionally, as set forth on the record, the panel expects the parties to attempt to reach a compromise regarding how discovery may proceed during any briefing schedule for anticipated motion(s) regarding dismissal and stay. The Court will separately issue a Scheduling Order, so that this case can have an Initial Case Management Conference. Status Conference held on 9/15/2023. (Court Reporter Debbie Watson.) (Hearing lasted 1:26)(Jackson, Julie) |
| Filing 33 NOTICE of Appearance by Ezra D. Rosenberg on behalf of All Plaintiffs (Rosenberg, Ezra) |
| DC State Bar status verified as active for Jon Greenbaum admitted to this court. (kc) |
| Filing 32 NOTICE of Appearance by Jon Greenbaum on behalf of All Plaintiffs (Greenbaum, Jon) |
| DC State Bar status verified as active for Pooja Chaudhuri admitted to this court. Local counsel secured. (kc) |
| TN State Bar status verified as active for Whitney Downs Hermandorfer admitted to this court. (kc) |
| Filing 31 NOTICE of Appearance by Whitney Downs Hermandorfer on behalf of All Defendants (Hermandorfer, Whitney) |
| Filing 30 NOTICE of Appearance by Pooja Chaudhuri on behalf of All Plaintiffs (Chaudhuri, Pooja) |
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Filing 29
ORDER granting #24 , #25 , #26 , and #27 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Michelle D. Tuma, George E. Mastoris, Jeffrey Loperfido, and and Mitchell D. Brown to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 09/12/2023. (lh)
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| Filing 28 JOINT STATUS REPORT REGARDING A PROPOSED SCHEDULE FOR THE CASE by Plaintiffs and Defendants. (lh) |
| Filing 27 MOTION for attorney Mitchell D. Brown to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3901800) by African American Clergy Collective of Tennessee, Judy Cummings, Ophelia Doe, Brenda Gilmore, League of Women Voters of Tennessee, Memphis A. Philip Randolph Institute, Freda Player, Ruby Powell-Dennis, Tennessee State Conference of the NAACP, The Equity Alliance. (Cramer, Phillip) |
| Filing 26 MOTION for attorney Jeffrey Loperfido to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3901797) by African American Clergy Collective of Tennessee, Judy Cummings, Ophelia Doe, Brenda Gilmore, League of Women Voters of Tennessee, Memphis A. Philip Randolph Institute, Freda Player, Ruby Powell-Dennis, Tennessee State Conference of the NAACP, The Equity Alliance. (Cramer, Phillip) |
| Filing 25 MOTION for attorney George E. Mastoris to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3901789) by African American Clergy Collective of Tennessee, Judy Cummings, Ophelia Doe, Brenda Gilmore, League of Women Voters of Tennessee, Memphis A. Philip Randolph Institute, Freda Player, Ruby Powell-Dennis, Tennessee State Conference of the NAACP, The Equity Alliance. (Cramer, Phillip) |
| Filing 24 MOTION for attorney Michelle D. Tuma to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3901722) by African American Clergy Collective of Tennessee, Judy Cummings, Ophelia Doe, Brenda Gilmore, League of Women Voters of Tennessee, Memphis A. Philip Randolph Institute, Freda Player, Ruby Powell-Dennis, Tennessee State Conference of the NAACP, The Equity Alliance. (Cramer, Phillip) |
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Filing 23
ORDER: TAKE NOTICE that the above-entitled action shall come on for an electronic hearing via Zoomgov.com on September 15, 2023, at 10:00 a.m. EDT before the appointed three-judge panel now serving as the Court in this matter. The Zoom Meeting details will be distributed by the Court to counsel. On or before September 8, 2023, counsel shall file a Joint Status Report that sets forth a proposed schedule for the case going forward. The previous order (Doc. No. #15 ) referring this case to the Magistrate Judge for case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A) is hereby revoked. Signed by District Judge Eli J. Richardson on 08/29/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Magistrate Judge Alistair Newbern no longer assigned to case. (ad) |
| TN State Bar status verified as active for Miranda H. Jones admitted to this court. (kc) |
| NOTICE TO COUNSEL Jon Greenbaum, Ezra D. Rosenberg, Pooja Chaudhuri, Jeffrey Loperfido, Mitchell D. Brown, George E. Mastoris, Michelle D. Tuma: 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 9/18/2023. (ad) |
| Filing 22 NOTICE of Appearance by Miranda H. Jones on behalf of All Defendants (Jones, Miranda) |
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Filing 21
ORDER: This matter comes before the Court on the Parties' joint motion for extension of time to file a response to Plaintiffs' Complaint #19 . The Court, having been sufficiently advised, takes notice that Defendants accepted service of Plaintiffs' Complaint on August 10, 2023. Further, the Court GRANTS the motion and ORDERS that Defendants shall file a pleading or motion responsive to Plaintiffs' Complaint on or before Tuesday, October 10, 2023. Signed by Magistrate Judge Alistair Newbern on 8/18/2023. (kc)
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| Filing 20 USCA ORDER: This matter is before the Court upon the request of the Honorable Eli Richardson, Judge of the Middle District of Tennessee, to appoint a three-judge panel in the matter designated as Tennessee State Conference of the NAACP, et al. v. William B. Lee, et al. Having reviewed the request for a three-judge panel, Chief Judge Jeffrey S. Sutton finds that the request is well taken, and that a three-judge panel is warranted under 28 U.S.C. 2284. Wherefore, Chief Judge Sutton hereby designates the Honorable Eric E. Murphy, Circuit Judge of the Sixth Circuit Court of Appeals, and the Honorable Benita Y. Pearson, District Judge of the Northern District of Ohio to serve with the Honorable Eli Richardson in this matter. Signed by Deborah S. Hunt, USCA Clerk, on 08/16/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(lh) |
| Filing 19 Joint MOTION for Extension of Time to File Answer by Donna Barrett, Judy Blackburn, Jimmy Eldridge, Mark Goins, Tre Hargett, William B. Lee, Mike McDonald, Secondra Meadows, Bennie Smith, State Election Commission, The, Kent Younce. (Attachments: #1 Attachment Proposed Agreed Order)(Henry, Ryan) |
| TN State Bar status verified as active for Adam Karl Mortara, Ryan Nicole Henry admitted to this court. (kc) |
| Filing 18 NOTICE of Appearance by Ryan Nicole Henry on behalf of All Defendants (Henry, Ryan) |
| Filing 17 NOTICE of Appearance by Adam Karl Mortara on behalf of All Defendants (Mortara, Adam) |
| Filing 16 NOTIFICATION OF APPLICATION FOR A THREE-JUDGE COURT: Plaintiffs request a three-judge court. Accordingly, the Court notifies the Honorable Jeffrey S. Sutton, Chief Judge of the United States Court of Appeals for the Sixth Circuit, of this request so that he may designate two additional judges to participate in hearing and determining Plaintiffs' claims to the extent appropriate. The Clerk is DIRECTED to transmit a copy of this request forthwith to the Clerk of the United States Court of Appeals for the Sixth Circuit. Signed by District Judge Eli J. Richardson on 8/10/2023. (xc: Clerk of the United States Court of Appeals for the Sixth Circuit by cm/ecf notification.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) |
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Filing 15
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). Signed by District Judge Eli J. Richardson on 8/10/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 14 Summons issued as to Donna Barrett, Judy Blackburn, Jimmy Eldridge, Mark Goins, Tre Hargett, William B. Lee, Mike McDonald, Secondra Meadows, Bennie Smith, State Election Commission, The, Kent Younce. Service copies will be returned to counsel by mail. (ad) |
| Filing 13 NOTICE of Initial Case Management Conference by Telephone set for 10/31/2023 at 10:00 AM before Magistrate Judge Alistair Newbern. (ad) |
| Filing 12 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ruby Powell-Dennis. (ad) |
| Filing 11 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Freda Player. (ad) |
| Filing 10 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ophelia Doe. (ad) |
| Filing 9 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Brenda Gilmore. (ad) |
| Filing 8 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Judy Cummings. (ad) |
| Filing 7 BUSINESS ENTITY DISCLOSURE STATEMENT filed by African American Clergy Collective of Tennessee. (ad) |
| Filing 6 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Memphis A. Philip Randolph Institute. (ad) |
| Filing 5 BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Equity Alliance. (ad) |
| Filing 4 BUSINESS ENTITY DISCLOSURE STATEMENT filed by League of Women Voters of Tennessee. (ad) |
| Filing 3 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Tennessee State Conference of the NAACP. (ad) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad) |
| Filing 1 COMPLAINT against Donna Barrett, Judy Blackburn, Jimmy Eldridge, Mark Goins, Tre Hargett, William B. Lee, Mike McDonald, Secondra Meadows, Bennie Smith, State Election Commission, The, Kent Younce (Filing fee $402, Receipt number ATNMDC-3883951), filed by Tennessee State Conference of the NAACP, Judy Cummings, Brenda Gilmore, Ruby Powell-Dennis, Memphis A. Philip Randolph Institute, Ophelia Doe, Freda Player, African American Clergy Collective of Tennessee, League of Women Voters of Tennessee, The Equity Alliance. (Attachments: #1 Attachment - Civil Cover Sheet)(ad) |
| TN State Bar status verified as active for Phillip F. Cramer admitted to this court. (ad) |
| NY State Bar status verified as active for George E. Mastoris, Michelle D. Tuma not admitted to this court - Local counsel secured. (ad) |
| NC State Bar status verified as active for Jeffrey Loperfido, Mitchell D. Brown not admitted to this court - Local counsel secured. (ad) |
| DC State Bar status verified as active for Jon Greenbaum, Ezra D. Rosenberg, Pooja Chaudhuri not admitted to this court - Local counsel secured. (ad) |
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