Brown-Perry et al v. CoreCivic, Inc. et al
| Rekiesha Brown-Perry and Justin Brown |
| CoreCivic, Inc., CoreCivic of Tennessee, Damon T. Hininger, Patrick Swindle, Elaina Rodella, Keith Ivens, Hardin Medical Center, Wayne D. Murray and Anthony Ramirez |
| 3:2024cv00096 |
| January 29, 2024 |
| US District Court for the Middle District of Tennessee |
| Jeffery S Frensley |
| Eli J Richardson |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 71 REPLY to Response to re #60 MOTION to Dismiss for Failure to State a Claim filed by CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Elaina Rodella, Patrick Swindle. (Russell, Haynes) |
| Filing 70 RESPONSE in Opposition re #60 MOTION to Dismiss for Failure to State a Claim filed by Justin Brown, Rekiesha Brown-Perry. (Clevenger, Ty) |
| Filing 69 RESPONSE in Opposition re #62 Joint MOTION to Dismiss filed by Justin Brown, Rekiesha Brown-Perry. (Attachments: #1 Exhibit 1 (Kindred declaration), #2 Exhibit 2 (Brown-Perry declaration), #3 Exhibit 3 (Brown declaration))(Clevenger, Ty) |
Filing 68
ORDER granting #67 Motion for Extension of Time to File Response to #60 and #62 Motions to Dismiss. Response due 3/15/2024. Signed by District Judge Eli J. Richardson on 3/12/2024. (af)
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| Filing 67 Unopposed MOTION for Extension of Time to File Response/Reply as to #60 MOTION to Dismiss for Failure to State a Claim , #62 Joint MOTION to Dismiss by Justin Brown, Rekiesha Brown-Perry. (Attachments: #1 Attachment Proposed order)(Clevenger, Ty) |
| Filing 66 ANSWER to #55 Amended Complaint, by Anthony Ramirez.(Miller, Jimmie) |
| Filing 65 ANSWER to #55 Amended Complaint, by Wayne D. Murray.(Miller, Jimmie) |
| Filing 64 ANSWER to #55 Amended Complaint, by Hardin Medical Center.(Bradshaw, James) |
| Filing 63 MEMORANDUM in Support of #62 Joint MOTION to Dismiss filed by Hardin Medical Center, Wayne D. Murray, Anthony Ramirez . (Miller, Jimmie) |
| Filing 62 Joint MOTION to Dismiss by Hardin Medical Center, Wayne D. Murray, Anthony Ramirez. (Miller, Jimmie) |
| Filing 61 MEMORANDUM in Support of #60 MOTION to Dismiss for Failure to State a Claim filed by CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Elaina Rodella, Patrick Swindle . (Russell, Haynes) |
| Filing 60 MOTION to Dismiss for Failure to State a Claim by CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Elaina Rodella, Patrick Swindle. (Russell, Haynes) |
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Filing 59
ORDER: Pending before the Court is Defendants' "Joint Motion for Clarification" (Doc. No. #57 , "Motion") wherein Defendants request that the Court clarify their deadline to file responsive pleadings to Plaintiffs' Complaint at Doc. No. #55 . The Motion is GRANTED as well-taken. Defendants shall file their responsive pleadings to Plaintiffs' Complaint on or before February 28, 2024. IT IS SO ORDERED. Signed by District Judge Eli J. Richardson on 2/12/2024. (af)
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| TN State Bar status verified as active for Haynes T. Russell admitted to this court. (af) |
| Filing 58 NOTICE of Appearance by Haynes T. Russell on behalf of CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Elaina Rodella, Patrick Swindle (Russell, Haynes) |
| Filing 57 Joint MOTION to Clarify re Docket Annotation,, #52 Order, Terminate Motions, #56 Order, Joint Motion for Clarification by Hardin Medical Center. (Bradshaw, James) Modified on 2/9/2024 (af). |
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Filing 56
ORDER: The Court is in the process of opening the new cases contemplated in the Court's previous order at Doc. No. #52 . Accordingly, the Court wishes to assure Defendants that the Court will extend deadlines to respond to the complaints filed in the new cases as necessary once the new cases are opened. The Court's willingness to extend response deadlines will not apply to the deadline to respond to the amended complaint (DE #59 in related case 3:22-cv-571, "Williams Amended Complaint") filed on January 16, 2024. Signed by District Judge Eli J. Richardson on 1/29/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 55 CONTROLLING ORIGINAL COMPLAINT (Corrected complaint on behalf of Plaintiffs Brown-Perry and Brown) against CoreCivic of Tennessee, CoreCivic, Inc., Hardin Medical Center, Damon T. Hininger, Keith Ivens, Wayne D. Murray, Anthony Ramirez, Elaina Rodela, Patrick Swindle, filed by Rekiesha Brown-Perry, Justin Brown. (Attachments: #1 Exhibit 1) (Clevenger, Ty) |
| Filing 54 COMPLAINT. Rekiesha Brown-Perry vs CoreCivic, Inc.; DIVISIONAL OFFICE: Nashville; (Filing fee $405; receipt number ATNMDC-3991123). Attachments: #1 Attachment Civil cover sheet) Service copies will be returned to counsel by mail.(Clevenger, Ty) |
| By Order entered on 9/28/2023 (Doc. No. 52), the Court severed the claims of each Plaintiff in Case No. 3:22-cv-00571 into three separate lawsuits. Upon payment of the filing for each new case, the Clerk was directed to open new cases. Accordingly, the new case for Plaintiffs Christa Cook and Christopher Derick Montgomery is Case No. 3:23-cv-00095 and the new case for Plaintiffs Rekiesha Brown-Perry and Justin Brown is Case No. 3:23-cv-00096. Plaintiff Brenda Williams' case remains Case No. 3:22-cv-00571. (gb) |
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Filing 53
ORDER: Before the Court is a motion to dismiss and special appearance (Doc. No. #30 , "Motion") filed on April 11, 2023 by Defendant Wayne D. Murray ("Defendant"). On June 2, 2023, Defendant filed a notice to voluntarily withdraw the Motion. (Doc. No. #44 , "Notice"). In light of the filing of the Notice, the Motion is DENIED as moot. Signed by District Judge Eli J. Richardson on 12/13/2023. (kc)
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Filing 52
ORDER GRANTING DEFENDANTS' JOINT MOTION TO SEVER CLAIMS #18 . The Court finds that the claims of each Plaintiff should be severed from one another under Rule 20(a)(1) and thus chooses to exercise its broad discretion under Rule 21 to sever Plaintiffs' claims into three separate lawsuits. Accordingly, upon receipt of the respective Plaintiffs paying the applicable filing fee for a new civil action ($402), the Clerk is directed open a new case, with a new case number. Signed by District Judge Eli J. Richardson on 9/28/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| TN State Bar status verified as active for Miles Thomas Martindale admitted to this court. (kc) |
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Filing 51
ORDER granting #50 Motion to Substitute Attorney. Attorney Matthew Z. Huffer terminated. Signed by Magistrate Judge Jeffery S. Frensley on 7/28/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 50 MOTION to Substitute Attorney by Kara Dickman, Victoria Masterson. (Martindale, Miles) |
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Filing 49
ORDER granting #48 Motion to Substitute Attorney. Attorney Brian F. Walthart terminated. Signed by Magistrate Judge Jeffery S. Frensley on 7/17/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| TN State Bar status verified as active for Jack Paul Brewer admitted to this court. (kc) |
| Filing 48 MOTION to Substitute Attorney by Kara Dickman, Victoria Masterson. (Brewer, Jack) |
| Filing 47 SUGGESTION OF DEATH Upon the Record as to Keith Brown by Cameshia Kindred. (Attachments: #1 Attachment Last Will of Keith Brown)(Clevenger, Ty) |
| Filing 46 CERTIFICATE OF SERVICE by Wayne D. Murray re #44 Notice (Other) (Miller, Jimmie) |
| Filing 45 CERTIFICATE OF SERVICE by Wayne D. Murray re #43 Answer to Amended Complaint (Miller, Jimmie) |
| NOTICE TO FILER re DE#43 and #44 : 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. (kc) |
| Filing 44 NOTICE by Wayne D. Murray re #30 MOTION to Dismiss and Special Appearance (Miller, Jimmie) |
| Filing 43 ANSWER to #7 Amended Complaint by Wayne D. Murray.(Miller, Jimmie) |
| Filing 42 Mail Returned as Undeliverable. #38 Summons Reissued as to Wayne D. Murray. Mail sent to Ty Clevenger (af) |
| Filing 41 SUMMONS returned executed by Brenda Williams, Cameshia Kindred, Christa Cook, Christopher Derick Montgomery. Wayne D. Murray served on 5/11/2023. (Goode, Janet) |
| Filing 40 REPLY to Response to re #30 MOTION to Dismiss and Special Appearance (Reply to Response to Motion for Extension of Time #35 ) filed by Christa Cook, Cameshia Kindred, Christopher Derick Montgomery. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Goode, Janet) |
| Filing 39 REPLY to Response to re #30 MOTION to Dismiss and Special Appearance filed by Wayne D. Murray. (Attachments: #1 Exhibit USPS Tracking)(Miller, Jimmie) |
| Filing 38 Summons Reissued as to Wayne D. Murray. Service packet returned to counsel by regular mail. (kc) |
| Filing 37 NOTICE of Alias Summons to be Issued as to Wayne D. Murray. (Goode, Janet) |
| Filing 36 NOTICE of Alias Summons to be Issued as to Wayne D. Murray. (Goode, Janet) |
| Filing 35 RESPONSE in Opposition re #30 MOTION to Dismiss and Special Appearance and Motion for Extension of Time to Serve Wayne D. Murray, M.D. filed by Christa Cook, Cameshia Kindred, Christopher Derick Montgomery, Brenda Williams. (Attachments: #1 Exhibit postal receipt, #2 Exhibit emails)(Goode, Janet) |
| Filing 34 CERTIFICATE Conformed Certificate of Service filed by Wayne D. Murray re #31 Memorandum in Support filed by Wayne D. Murray. (Miller, Jimmie) |
| Filing 33 NOTICE by Wayne D. Murray re #31 Memorandum in Support of Motion to Dismiss - EX. A Notice of Intent to Depose Keith Brown (Miller, Jimmie) |
| Filing 32 CERTIFICATE Conformed Certificate of Service filed by Wayne D. Murray re #30 MOTION to Dismiss and Special Appearance filed by Wayne D. Murray. (Miller, Jimmie) |
| NOTICE TO FILER re DE#31 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (kc) |
| NOTICE TO FILER re DE#30 and #31 : 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. (kc) |
| Filing 31 MEMORANDUM in Support of #30 MOTION to Dismiss and Special Appearance filed by Wayne D. Murray . (Attachments: #1 Exhibit A)(Miller, Jimmie) |
| Filing 30 MOTION to Dismiss and Special Appearance by Wayne D. Murray. (Miller, Jimmie) |
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Filing 29
ORDER: #28 MOTION GRANTED. The Initial Case Management Conference will be set by separate order after the ruling on the motion to sever. Signed by Magistrate Judge Jeffery S. Frensley on 2/28/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 28 Joint MOTION to Continue by Christa Cook, Cameshia Kindred, Christopher Derick Montgomery, Brenda Williams. (Goode, Janet) |
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Filing 27
ORDER: MOTION #26 GRANTED. The Initial Case Management Conference is hereby reset to March 1, 2023 at 9:00 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 1/5/2023. (mg)
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| Reset Hearing: Initial Case Management Conference by Telephone is reset for 3/1/2023 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (mg) |
| Filing 26 Unopposed MOTION to Continue by Christa Cook, Cameshia Kindred, Christopher Derick Montgomery, Brenda Williams. (Goode, Janet) |
| Filing 25 REPLY to Response to re #18 Joint MOTION to Sever Claims (Joint) filed by Kashundra Brown, CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Dasity Jones, Denita Jones, Vance Laughlin, Jason Medlin, Grady Perry, Elaina Rodela, Eugene Sapp, Patrick Swindle, Vincent Vantell, Tamekio Warren. (Tilly, Nathan) |
| TN State Bar status verified as active for Ann Weber Langley, James C. Bradshaw, III admitted to this court. (kc) |
| Filing 24 NOTICE of Appearance by James C. Bradshaw, III on behalf of Hardin Medical Center (Bradshaw, James) |
| Filing 23 RESPONSE in Opposition re #18 Joint MOTION to Sever Claims filed by Christa Cook, Cameshia Kindred, Christopher Derick Montgomery, Brenda Williams. (Goode, Janet) |
| Filing 22 NOTICE of Appearance by Brian F. Walthart on behalf of Kara Dickman, Victoria Masterson (Walthart, Brian) |
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Filing 21
ORDER granting #20 MOTION for Extension of Time to File Answer re #7 Amended Complaint by CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Vance Laughlin, Jason Medlin, Grady Perry, Elaina Rodella, Patrick Swindle, Vincent Vantell. Signed by Magistrate Judge Jeffery S. Frensley on 11/23/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Filing 20 MOTION for Extension of Time to File Answer re #7 Amended Complaint, #1 Complaint, by CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Vance Laughlin, Jason Medlin, Grady Perry, Elaina Rodella, Patrick Swindle, Vincent Vantell. (Tilly, Nathan) Modified text on 11/23/2022 (hb). |
| Filing 19 MEMORANDUM in Support of #18 Joint MOTION to Sever Claims filed by CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Vance Laughlin, Jason Medlin, Grady Perry, Elaina Rodella, Patrick Swindle, Vincent Vantell . (Tilly, Nathan) |
| Filing 18 Joint MOTION to Sever Claims by CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Vance Laughlin, Jason Medlin, Grady Perry, Elaina Rodella, Patrick Swindle, Vincent Vantell. (Tilly, Nathan) |
| Filing 17 ANSWER to #7 Amended Complaint by Anthony Ramirez.(Miller, Jimmie) |
| Filing 16 Harding Medical Center's ANSWER to #7 Amended Complaint by Hardin Medical Center.(Bradshaw, James) |
| TN State Bar status verified as active for Nathan D. Tilly admitted to this court. (kc) |
| ***DISREGARD. ENTERED IN ERROR.*** NOTICE TO FILER re DE#26 : 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 a certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) Modified on 10/26/2022 (kc). |
| ***DISREGARD. ENTERED IN ERROR.*** NOTICE TO FILER re DE#18 : 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 a certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) Modified on 10/26/2022 (kc). |
| ***Disregard. Entered in Error.*** NOTICE TO FILER re DE#17 : 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 a certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) Modified on 10/26/2022 (kc). |
| Filing 15 NOTICE of Appearance by Nathan D. Tilly on behalf of CoreCivic of Tennessee, CoreCivic, Inc., Damon T. Hininger, Keith Ivens, Vance Laughlin, Jason Medlin, Grady Perry, Elaina Rodella, Patrick Swindle, Vincent Vantell (Tilly, Nathan) |
| Filing 14 NOTICE by Christa Cook, Cameshia Kindred, Christopher Derick Montgomery, Brenda Williams (Goode, Janet) |
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Filing 13
ORDER: The Initial Case Management Conference in this matter is continued and reset for January 9, 2023 at 9:30 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. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please contact chambers at 615-736-7344. The Plaintiff is reminded that compliance with this Courts orders is not optional and relief from those orders should be sought by filing an appropriate motion with the Court. Signed by Magistrate Judge Jeffery S. Frensley on 9/30/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 12 Summons issued as to CoreCivic of Tennessee, CoreCivic, Inc., Hardin Medical Center, Damon T. Hininger, Keith Ivens, Vance Laughlin, Jason Medlin, Wayne D. Murray, Grady Perry, Anthony Ramirez, Elaina Rodella, Patrick Swindle, Vincent Vantell. (Service packet returned to counsel by regular mail.) (kc) |
| Filing 11 NOTICE of Summons to be Issued as to all defendants. (Attachments: #1 Attachment Summons - Anthony Ramirez, #2 Attachment Summons - CoreCivic of TN, #3 Attachment Summons - CoreCivic, #4 Attachment Summons - Damon T. Hininger, #5 Attachment Summons - Dasity Jones, #6 Attachment Summons - Denita Jones, #7 Attachment Summons - Elaine Rodella, #8 Attachment Summons - Eugene Sapp, #9 Attachment Summons - Grady Perry, #10 Attachment Summons - Hardin Medical Center, #11 Attachment Summons - Jason Medlin, #12 Attachment Summons - Kara Dickman, #13 Attachment Summons - Kashundra Brown, #14 Attachment Summons - Keith Ivens, #15 Attachment Summons - Patrick Swindle, #16 Attachment Summons - Tamekio Warren, #17 Attachment Summons - Vance Laughlin, #18 Attachment Summons - Victoria Masterson, #19 Attachment Summons - Vince Vantell, #20 Attachment Summons - Wayne D. Murray)(Goode, Janet) |
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Filing 10
ORDER granting #6 Motion for Extension of Time to File Ty Clevenger's Motion for Admission Pro Hac Vice. Signed by Lynda Hill, Clerk of Court, on 09/19/2022. (lh)
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Filing 9
ORDER granting #8 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Ty Clevenger to Appear Pro Hac Vice is granted. Further, upon conclusion of the proceeding currently pending in the United States District Court Northern District of California, Case No. C22-80167MISCJD, Counsel is directed file a status report updating the Court regarding his admission status. Signed by Lynda Hill, Clerk of Court, on 09/12/2022. (lh)
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| TX State Bar status verified as active for Ty Clevenger not admitted to this court - Local counsel secured. (kc) |
| Filing 8 MOTION for attorney Ty Clevenger to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3662623) by Christopher Derick Montgomery, Brenda Williams. (Attachments: #1 Attachment Certificate of Good Standing, #2 Attachment Declaration)(Goode, Janet) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Brenda Williams, Cameshia Kindred, Christa Cook, Christopher Derick Montgomery. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Goode, Janet) |
| Filing 6 MOTION for Extension of Time to File Ty Clevenger's Motion for Admission Pro Hac Vice by Christa Cook, Cameshia Kindred, Christopher Derick Montgomery, Brenda Williams. (Attachments: #1 Exhibit Exhibit 1-Order to Show Cause, #2 Exhibit Exhibit 2-Response to Show-Cause Order, #3 Attachment Proposed Order)(Goode, Janet) |
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Filing 5
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 8/3/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 4 NOTICE of Initial Case Management Conference by Telephone is set for 9/30/2022 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. (kc) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (kc) |
| TN State Bar status verified as active for Janet H. Goode admitted to this court. (kc) |
| TX State Bar status verified as active for Ty Clevenger not admitted to this court - Local counsel required. (kc) |
| NOTICE TO COUNSEL Ty Clevenger: 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 8/24/2022. (kc) |
| Filing 1 COMPLAINT against CoreCivic of Tennessee, CoreCivic, Inc., Hardin Medical Center, Damon T. Hininger, Keith Ivens, John Doe 1 through John Doe 7, Vance Laughlin, Jason Medlin, Wayne D. Murray, Grady Perry, Anthony Ramirez, Elaina Rodella, Patrick Swindle, Vincent Vantell (Filing fee $402, Receipt number ATNDC-3638944), filed by Brenda Williams, Cameshia Kindred, Christa Cook, Christopher Derick Montgomery. (Attachments: #1 Attachment - Civil Cover Sheet)(kc) |
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