Tennessee Equality Project Foundation, Inc. v. The City of Murfreesboro, Tennessee et al
Tennessee Equality Project Foundation, Inc. |
The City of Murfreesboro, Tennessee, The City Council of Murfreesboro, Tennessee, Shane McFarland, Craig G. Tindall, Michael Bowen, Kevin Jones, Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade and Shawn Wright |
3:2023cv01044 |
October 6, 2023 |
US District Court for the Middle District of Tennessee |
Waverly D Crenshaw |
Barbara D Holmes |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Defendant |
Docket Report
This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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Set Hearing: Case Management Conference by Telephone set for 1/9/2024 at 02:00 PM before Magistrate Judge Barbara D. Holmes. (ad) |
Filing 56 Transcript filed for date of December 4, 2023, before Judge Waverly D. Crenshaw Jr. Court Reporter: Patty Jennings, 615-939-5450, patty_jennings@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 12/26/2023. Redaction Request due 1/9/2024. Redacted Transcript Deadline set for 1/19/2024. Release of Transcript Restriction set for 3/18/2024. (Jennings, Patty) |
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Filing 53 STIPULATION // Joint Proposed Schedule for Dispositive Motions and Trial by Tennessee Equality Project Foundation, Inc.. (Hensley, Andrew) |
Filing 52 STIPULATION // Agreed Order Regarding Dismissal of Certain Counts and Relief by Tennessee Equality Project Foundation, Inc.. (Hensley, Andrew) |
Filing 51 CERTIFICATE OF SERVICE by Tennessee Equality Project Foundation, Inc. of Plaintiff's Initial Written Discovery Requests (White, Dennis) |
Filing 50 Joint MOTION To Request Case Management Conference by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright. (Burnett, Samantha) |
Filing 49 REPLY to Response to re #36 MOTION to Dismiss on Behalf of Individual Defendants in Further Support of Motion filed by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, Craig G. Tindall, Kirt Wade, Shawn Wright. (Crane, Cassandra) |
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Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Status Conference held on 12/4/2023. Court considers possibility of combining the preliminary injunction hearing with trial. Parties to provide a joint notice with proposed trial dates by December 8, 2023. Parties also to provide an agreed order regarding the money damages against McFarland and Tindall in their official capacities in Counts 12 through 14. Parties to continue to attempt mediation and settlement discussions. (Court Reporter Patty Jennings.) (Hearing lasted :23)(Seay, Melissa) |
Filing 47 RESPONSE in Opposition re #36 MOTION to Dismiss on Behalf of Individual Defendants with Corrected Certificate of Service filed by Tennessee Equality Project Foundation, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Robotti, Michael) |
Filing 46 REPLY to Response to re #8 MOTION for Preliminary Injunction and MOTION to Expedite Briefing with Corrected Certificate of Service filed by Tennessee Equality Project Foundation, Inc.. (Schell, Jacquelyn) |
NOTICE TO FILER re DE#45 : 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 all Counsel on the certificate of service.include a certificate of service. Please FILE a conformed Certificate of Service for this document. (ad) |
NOTICE TO FILER re DE#43 : 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 all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (ad) |
Filing 45 RESPONSE in Opposition re #36 MOTION to Dismiss on Behalf of Individual Defendants filed by Tennessee Equality Project Foundation, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Robotti, Michael) |
Filing 44 Transcript filed for date of October 17, 2023, before Judge Barbara Holmes. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, roxann_harkins@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 12/6/2023. Redaction Request due 12/20/2023. Redacted Transcript Deadline set for 1/2/2024. Release of Transcript Restriction set for 2/27/2024. (RH) |
Filing 43 REPLY to Response to re #8 MOTION for Preliminary Injunction and MOTION to Expedite Briefing filed by Tennessee Equality Project Foundation, Inc.. (Schell, Jacquelyn) |
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Filing 41 RECEIPT #300001437 in the amount of $150.00 posted by Tennessee Equality Project Foundation, Inc. re Li Nowlin-Sohl #25 Motion to Appear Pro Hac Vice. (ad) |
Filing 40 Joint MOTION TO REQUEST STATUS CONFERENCE by Tennessee Equality Project Foundation, Inc.. (White, Dennis) |
Filing 39 ANSWER to #1 Complaint,,,,,, by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright.(Burnett, Samantha) |
Filing 38 RESPONSE to Motion re #8 MOTION for Preliminary Injunction and MOTION to Expedite Briefing filed by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright. (Attachments: #1 Exhibit A - Revised 1977 Definition)(Burns, Robert) |
Filing 37 MEMORANDUM in Support of #36 MOTION to Dismiss on Behalf of Individual Defendants filed by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, Craig G. Tindall, Kirt Wade, Shawn Wright . (Crane, Cassandra) |
Filing 36 MOTION to Dismiss on Behalf of Individual Defendants by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, Craig G. Tindall, Kirt Wade, Shawn Wright. (Crane, Cassandra) |
Filing 35 ANSWER to #1 Complaint,,,,,, on Behalf of Craig G. Tindall in his Individual Capacity by Craig G. Tindall.(Crane, Cassandra) |
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Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 11/13/2023. (Hearing lasted 0:58) (KF) |
Filing 32 PROPOSED CASE MANAGEMENT ORDER filed by Tennessee Equality Project Foundation, Inc.. (White, Dennis) |
Filing 31 Joint MOTION Set Nov. 15, 2023 as the Deadline for Defendants to Respond to Complaint by Tennessee Equality Project Foundation, Inc.. (White, Dennis) Modified on 11/13/2023 (ad). |
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TN State Bar status verified as active for Robert M. Burns, Samantha A. Burnett, Cassandra M. Crane, Kristin Ellis Berexa admitted to this court. (ad) |
Filing 26 NOTICE/AGREED ORDER by The City of Murfreesboro, Tennessee of Submitting [Revised] Proposed Agreed Order on City Ordinance Enforcement (Burns, Robert) Modified on 10/23/2023 (ad). |
Filing 25 MOTION for attorney Li Nowlin-Sohl to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc.. (Attachments: #1 Attachment - Certificate of Good Standing)(ad) |
Filing 27 RECEIPT #300001181 in the amount of $750.00 posted by Tennessee Equality Project Foundation, Inc. re #17 Andrew Hensley Motion to Appear Pro Hac Vice, #15 Catherine Seibel Motion to Appear Pro Hac Vice, #13 Michael Robotti Motion to Appear Pro Hac Vice, #14 Jacquelyn Shell Motion to Appear Pro Hac Vice, #16 D. Alan White Motion to Appear Pro Hac Vice. (ad) |
Filing 24 NOTICE/AGREED ORDER by The City of Murfreesboro, Tennessee of Submitting Proposed Agreed Order on City Ordinance Enforcement (Burns, Robert) Modified on 10/23/2023 (ad). |
Filing 23 NOTICE of Appearance by Kristin Ellis Berexa on behalf of Shane McFarland, Craig G. Tindall (Berexa, Kristin) |
Filing 22 NOTICE of Appearance by Cassandra M. Crane on behalf of Shane McFarland, Craig G. Tindall (Crane, Cassandra) |
Filing 21 NOTICE of Appearance by Samantha A. Burnett on behalf of All Defendants (Burnett, Samantha) |
Filing 20 NOTICE of Appearance by Robert M. Burns on behalf of All Defendants (Burns, Robert) |
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Filing 17 MOTION for attorney Andrew M. Hensley to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: #1 Attachment - Certificate of Good Standing)(ad) |
Filing 16 MOTION for attorney D. Alan White to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: #1 Attachment - Certificate of Good Standing)(ad) |
Filing 15 MOTION for attorney Catherine Seibel to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: #1 Attachment - Certificate of Good Standing)(ad) |
Filing 14 MOTION for attorney Jacquelyn Nicole Schell to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: #1 Attachment - Certificate of Good Standing)(ad) |
Filing 13 MOTION for attorney Michael P. Robotti to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: #1 Attachment - Certificate of Good Standing)(ad) |
Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephonic Status Conference held on 10/17/2023. (Tape #Digitally Recorded) (Hearing lasted 1:06) (MCC) |
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Filing 11 CERTIFICATE of Notice filed by Tennessee Equality Project Foundation, Inc. re #10 Order,,,,, Set Hearings,,,,. (Little, J.) |
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Filing 9 MEMORANDUM in Support of #8 MOTION for Preliminary Injunction and MOTION to Expedite Briefing filed by Tennessee Equality Project Foundation, Inc. . (Little, J.) |
Filing 8 MOTION for Preliminary Injunction and, MOTION to Expedite Briefing by Tennessee Equality Project Foundation, Inc.. (Little, J.) |
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Filing 6 NOTICE of Initial Case Management Conference by Telephone set for 11/13/2023 at 10:00 AM before Magistrate Judge Barbara D. Holmes. (af) |
Filing 5 Summons issued as to Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright. Service copies placed at intake counter to be picked up by counsel. (af) |
Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (af) |
Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af) |
Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (af) |
Filing 1 COMPLAINT against Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright (Filing fee $402, Receipt number ATNMDC-3927281), filed by Tennessee Equality Project Foundation, Inc. (Attachments: #1 Exhibit A: Cooperative Agreement for 2022 BoroPride Festival,, #2 Exhibit B: Beer Permit to TEP Foundation for 2022 BoroPride Festival, #3 Exhibit C: 2022/9/6-2022/9/23 Emails between S. Mac and S. McFarland, #4 Exhibit D: 2022/9/22 Robby Starbuck Instagram Post, #5 Exhibit E: 2022/9/23 Email from S. McFarland to City Officials, #6 Exhibit F: 2022/10/17 Letter from C. Tindall to TEP Foundation, #7 Exhibit G: 2022/10/17 Memorandum from C. Tindall to City Officials, #8 Exhibit H: 2022/10/18 Email from C. Tindall to City Officials, #9 Exhibit I: 2022/11/16 Email from TEP Foundation to N. Williams,, #10 Exhibit J: 2023/4/13-2023/5/26 Communications between ACLU-TN and Counsel for City,, #11 Exhibit K: 2023/6/1 Letter from C. Tindall to TEP Foundation, #12 Exhibit L: 2023/7/7 Letter from ACLU-TN to Counsel for City, #13 Exhibit M: 2023/7/20 Letter from Counsel for City to ACLU-TN, #14 Exhibit N: Murfreesboro City Ordinance 23-O-22, #15 Exhibit O: Murfreesboro City Code Section 21-71, #16 Exhibit P: 2023/9/27-2023/9/29 Emails between A. Tucker and ACLU-TN, #17 Exhibit Q: Transcript of June 15, 2023 Murfreesboro City Council Meeting, #18 Attachment - Civil Cover Sheet)(af) |
TN State Bar status verified as active for J. Alex Little, Stella Yarbrough, Lucas Cameron-Vaughn, Jeff Preptit admitted to this court. (af) |
NOTICE TO COUNSEL Andrew M. Hensley, D. Alan White, Li Nowlin-Sohl, Michael P. Robotti, Jacquelyn N. Schell, Catherine I. Seibel: 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 10/27/2023. (af) |
GA State Bar status verified as active for D. Alan White not admitted to this court - Local counsel secured. (af) |
AZ State Bar status verified as active for Andrew M. Hensley not admitted to this court - Local counsel secured. (af) |
NY State Bar status verified as active for Michael P. Robotti, Jacquelyn N. Schell, Catherine I. Seibel not admitted to this court - Local counsel secured. (af) |
WASH State Bar status verified as active for Li Nowlin-Sohl not admitted to this court - Local counsel secured. (af) |
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