Delk v. CoreCivic et al
| Adrian Deshun Delk |
| CoreCivic doing business as Hardeman County Correctional Facility, Columbus Malone, Warden Grady Perry, Danita Woods, Latoya Louden and Tomicka McKinnie |
| 1:2022cv02540 |
| August 18, 2022 |
| US District Court for the Western District of Tennessee |
| J Daniel Breen |
| Charmiane G Claxton |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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Filing 58
JUDGMENT. Signed by Judge J. Daniel Breen on 10/11/23. (mbm)
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Filing 57
STIPULATION of Dismissal by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Tilly, Nathan)
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Filing 56
NOTICE of Settlement (Tentative) by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods (Tilly, Nathan)
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Filing 55
ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND AFFIRMING ORDER OF THE MAGISTRATE JUDGE. Signed by Judge J. Daniel Breen on 9/11/23. (mbm)
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Filing 54
Minute Entry for proceedings held before Judge J. Daniel Breen: Telephone Conference held on 8/31/2023. Update on Def. Louden. Telephone conference set for 10/19/2023 at 4:00 PM before Judge J. Daniel Breen. Please dial the Conference call number: 1-888-684-8852 and enter the access code: 4345116. PRESENT: Attys Edgington, Cochran, Tilly, and Russell. (Court Reporter Kristi Heasley.) (mbm)
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Filing 53
NOTICE by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods re #52 Appeal of Magistrate Judge Decision to District Court Response in Opposition to Plaintiff's Objection and Appeal from Order (Russell, Haynes)
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Filing 52
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Adrian Deshun Delk re #50 Order on Motion for Miscellaneous Relief (Edgington, Craig)
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Filing 51
Minute Entry and NOTICE OF SETTING for proceedings held before Judge J. Daniel Breen: Telephone Status Conference held on 7/21/2023. Counsel addressed the Court on Def. Louden medical, MD/TN case, and possible appeal of #50 Order forthcoming. Telephone Status Conference set for 8/31/2023 at 10:00 AM before Judge J. Daniel Breen. Please dial the Conference call number: 1-888-684-8852 and enter the access code: 4345116. PRESENT: Craig Edgington, William Cochran for Plaintiff. Nathan Tilly, Haynes Russell for Defendant. (Court Reporter Kristi Heasley.) (mbm)
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Filing 50
ORDER granting #31 Motion to Exclude the Testimony of Tim Gravette. Signed by Magistrate Judge Charmiane G. Claxton on 7/20/2023. (Claxton, Charmiane)
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Filing 49
TEXT RESETTING NOTICE: The telephone Status Conference is reset for 7/21/2023 at 3:30 PM before Judge J. Daniel Breen. (mbm)
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Filing 48
TEXT SETTING NOTICE: Telephone Status Conference set for 7/19/2023 at 4:00 PM before Judge J. Daniel Breen. Please dial the Conference call number: 1-888-684-8852 and enter the access code: 4345116. Please call in five mins prior to the hearing. (mbm)
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Filing 47
ORDER GRANTING JOINT #46 MOTION TO CONTINUE TRIAL DATE. Signed by Judge J. Daniel Breen on 7/11/23. (mbm)
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Filing 46
Joint MOTION to Continue Trial Date by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Tilly, Nathan)
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Filing 45
REPLY to Response to Motion re #40 Reply to Response to Motion,,, filed by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Attachments: #1 Exhibit A - Wilson Offender Information)(Russell, Haynes)
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Filing 44
ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE SUR-REPLY IN RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT #43 . Signed by Judge J. Daniel Breen on 6/16/23. (skc)
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Filing 43
MOTION for Leave to File Sur-Reply in Response to Plantiff's Motion for Summary Judgment by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Russell, Haynes)
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Filing 42
REPLY to Response to Motion re #39 Response to Motion,,,,,, Response to Plaintiff's Statement of Additional Undisputed Facts filed by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Russell, Haynes)
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Filing 41
REPLY to Response to Motion re #38 Response in Opposition to Motion,,,,, filed by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Attachments: #1 McKinnie depo excerpt)(Russell, Haynes)
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Filing 40
REPLY to Response to Motion re #35 Response to Motion, Plaintiff's Reply to Defendants' REsponse to Plaintiff's Motion for Summary Judgment filed by Adrian Deshun Delk. (Attachments: #1 Exhibit Exhibit A - TN Sec of State - 2015 Records Management Best Practices and Procedures, #2 Exhibit Exhibit B - SW RDA 30 - Statewide Investigation Files, #3 Exhibit Exhibit C - 2016-4-10 Grievance - Request for Criminal Charges, #4 Exhibit Exhibit D - Affidavit of Sharon Reid, #5 Exhibit Exhibit E - TDOC Investigative Unit Operational Procedures Dated Dec 1 2015, #6 Exhibit Exhibit F - Nov 7, 2017 Grievance Requesting to Speak to Sheriff, #7 Exhibit Exhibit G - SW 34-Recordings from Law Enforcement Electro, #8 Exhibit Exhibit H - RDA 11197-Prison Internal Investigations_Records Disposition Authorization)(Edgington, Craig)
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Filing 39
RESPONSE to Motion re #32 MOTION for Summary Judgment re [32-1] Defendant's Statement of Undisputed Material Facts filed by Adrian Deshun Delk. (Attachments: #1 Exhibit 1 - Deposition Excerpts of Columbus Malone, #2 Exhibit 2 - Deposition Excerpts of Columbus Malone, #3 Exhibit 3 - Deposition Excerpts of Adrian Delk, #4 Exhibit 4 - Deposition Excerpts of Adrian Delk, #5 Exhibit 5 - Deposition Excerpts of Adrian Delk, #6 Exhibit 6 - Deposition Excerpts of Warden Gray Perry, #7 Exhibit 7 - Deposition Excerpts of Adrian Delk, #8 Exhibit 8 - Deposition Excerpts of Adrian Delk, #9 Exhibit 9 - Affidavit of Marlon Randolph, #10 Exhibit 10 - Deposition Excerpts of Adrian Delk, #11 Exhibit 11 - Deposition Excerpts of Adrian Delk, #12 Exhibit 12 - Deposition Excerpts of Adrian Delk, #13 Exhibit 13 - Deposition Excerpts of Adrian Delk, #14 Exhibit 14 - Deposition Excerpts of Adrian Delk, #15 Exhibit 15 - Deposition Excerpts of Adrian Delk, #16 Exhibit 16 - Grievance Response Dated May 3, 2016, #17 Exhibit 17 - Grievance Response Dated August 4, 2016, #18 Exhibit 18 - Inmate Grievance Dated November 5, 2017, #19 Exhibit 19 - Deposition Excerpts of Danita Woods, #20 Exhibit 20 - Administrative Policies and Procedures, #21 Exhibit 21 - 2017 DOC Performance Audit Report, #22 Exhibit 22 - 2017 DOC Performance Audit Highlights, #23 Exhibit 23 - 2020 DOC Performance Audit Highlights, #24 Exhibit 24 - Excerpt of Report re Staffing and Turnover, #25 Exhibit 25 - Deposition Excerpts of McKinnie)(Cochran, William)
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Filing 38
RESPONSE in Opposition re #32 MOTION for Summary Judgment filed by Adrian Deshun Delk. (Attachments: #1 Exhibit 1 - Delk Depo. Page 91, #2 Exhibit 2 - Delk Depo. Page 213, #3 Exhibit 3 - Malone Depo. Pages 53-55, #4 Exhibit 4 - Delk Depo. Pages 212-215, 217-218, #5 Exhibit 5 - Delk Depo. Page 217, #6 Exhibit 6 - Malone Depo. Pages 33-34, 80, #7 Exhibit 7 - Delk Depo. Page 215, #8 Exhibit 8 - Delk Depo. Pages 55-56, #9 Exhibit 9 - Delk Depo. Page 57, #10 Exhibit 10 - Malone Depo. Pages 63-64, #11 Exhibit 11 - Delk Depo. Pages 130-131, #12 Exhibit 12 - Affidavit of Mr. Randolph, #13 Exhibit 13 - Delk Depo. Page 131, #14 Exhibit 14 - Delk Depo. Pages 172-173, #15 Exhibit 15 - Delk Depo. Pages 179-180, Affidavit of Vincent Kelly, #16 Exhibit 16 - Delk Depo. Pages 182-183, #17 Exhibit 17 - Delk Depo. Pages 221-223, #18 Exhibit 18 - Delk Depo. Exhibit E, #19 Exhibit 19 - McKinnie Depo. Page 82, #20 Exhibit 20 - Delk Depo. Page 188, McKinnie Depo. Pages 76-77, #21 Exhibit 21 - The 2017 Report, #22 Exhibit 22 - The 2020 Report, #23 Exhibit 23 - Woods Depo. Page 46, #24 Exhibit 24 - CoreCivic - Bates #1287-1307, #25 Exhibit 25 - Delk Depo. Pages 179-180, #26 Exhibit 26 - Delk Depo. Page 178)(Cochran, William)
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Filing 37
ORDER GRANTING PLAINTIFF'S #36 MOTION TO EXCEED PAGE LIMIT. Signed by Judge J. Daniel Breen on 5/26/23. (mbm)
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Filing 36
MOTION for Leave to File Excess Pages and Memorandum in Support (proposed order submitted) by Adrian Deshun Delk. (Cochran, William)
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Filing 35
RESPONSE to Motion re #27 First MOTION for Summary Judgment filed by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Attachments: #1 Response to Statement of Undisputed Facts, #2 Defendants' Additional Statement of Undisputed Facts, #3 Declaration of Perry, #4 Declaration of Ponds)(Russell, Haynes)
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Filing 34
RESPONSE in Opposition re #31 MOTION to Exclude Plaintiff's Proposed Expert Testimony Plaintiff's Response in Opposition to Defendants' Daubert Motion to Exclude Plaintiff's Proposed Expert Testimony filed by Adrian Deshun Delk. (Edgington, Craig)
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Filing 33
ORDER OF REFERENCE REFERRING #31 MOTION. Signed by Judge J. Daniel Breen on 5/1/23. (mbm)
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Filing 32
MOTION for Summary Judgment by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Attachments: #1 Statement of Undisputed Facts, #2 Declaration of Perry, #3 Declaration of Wilson, #4 Declaration of Woods, #5 Delk deposition excerpt, #6 Perry deposition excerpt, #7 Malone deposition excerpt, #8 Woods deposition excerpt, #9 Louden deposition excerpt, #10 McKinnie deposition excerpt, #11 Memorandum of Law in Support)(Russell, Haynes)
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Filing 31
MOTION to Exclude Plaintiff's Proposed Expert Testimony by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Plaintiff's Rule 26 Expert Report, #3 Exhibit B - Gravette's Supplemental Report, #4 Gravette Deposition Excerpt)(Russell, Haynes)
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Filing 30
ORDER GRANTING DEFENDANT'S MOTION TO EXCEED PAGE LIMIT #28 . Signed by Judge J. Daniel Breen on 04/28/23. (gkp)
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Filing 29
NOTICE by Adrian Deshun Delk re #27 First MOTION for Summary Judgment Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment (Attachments: #1 Exhibit A - Plaintiff's Statement of Undisputed Facts, #2 Exhibit B - P's Discovery Requests Propounded on Corecivic, #3 Exhibit C - CoreCivic's Response to ROGGS and RFP's, #4 Exhibit D - Bellmore v. United States, #5 Exhibit E - Depo Excerpts of Adrian Delk)(Edgington, Craig)
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Filing 28
MOTION for Leave to File Excess Pages (proposed order submitted) by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods. (Russell, Haynes)
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Filing 27
First MOTION for Summary Judgment by Adrian Deshun Delk. (Edgington, Craig)
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Filing 26
MEDIATION CERTIFICATION (Russell, Michael)
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Filing 25
TEXT SETTING NOTICE: Jury Selection set for 8/25/2023 at 9:30 AM in Jackson Courtroom 2 before Magistrate Judge Jon A. York. (mbm)
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Filing 24
SETTING LETTER: Jury Trial set for 8/28/2023 at 9:30 AM in Jackson Courtroom 2 before Judge J. Daniel Breen. Pretrial Conference set for 8/23/2023 at 10:00 AM in Jackson Courtroom 2 before Judge J. Daniel Breen. Proposed Joint Pretrial Order, Motions in Limine, and proposed Jury Instructions must be furnished to Judge's chambers by August 1, 2023. (mbm)
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Filing 23
SCHEDULING ORDER. Signed by Magistrate Judge Charmiane G. Claxton on 11/15/2022. (Claxton, Charmiane)
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Filing 22
Minute Entry for proceedings held before Magistrate Judge Charmiane G. Claxton: Scheduling Conference held on 11/15/2022. Counsel for the parties present via video. Proposed scheduling order submitted. The Court will enter the Scheduling Order as submitted. (Plaintiffs Counsel: Charles Mitchell. Defendants Counsel: Nathan Tilly & Haynes Russell.) (Tape #TEAMS) (cas)
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Filing 21
REPORT of Rule 26(f) Planning Meeting . (Tilly, Nathan)
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Filing 20
NOTICE OF SETTING: A SCHEDULING CONFERENCE has been set for TUESDAY, 11/15/2022 at 10:30 AM before Magistrate Judge Charmiane G. Claxton. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Chris Sowell at chis_sowell@tnwd.uscourts.gov for any questions.(bvh)
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Filing 19
ANSWER to #1 Complaint,, by CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods.(Russell, Haynes)
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Filing 18
NOTICE of Appearance by Haynes T. Russell on behalf of CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods (Russell, Haynes)
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Filing 17
NOTICE of Appearance by Nathan Daniel Tilly on behalf of CoreCivic, Latoya Louden, Columbus Malone, Tomicka McKinnie, Grady Perry, Danita Woods (Tilly, Nathan)
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Filing 16
WAIVER OF SERVICE Returned Executed by Adrian Deshun Delk. Columbus Malone waiver sent on 9/1/2022, answer due 10/31/2022. (Timmons, Brice)
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Filing 15
WAIVER OF SERVICE Returned Executed by Adrian Deshun Delk. CoreCivic waiver sent on 9/1/2022, answer due 10/31/2022. (Timmons, Brice)
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Filing 14
WAIVER OF SERVICE Returned Executed by Adrian Deshun Delk. Danita Woods waiver sent on 9/1/2022, answer due 10/31/2022. (Timmons, Brice)
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Filing 13
WAIVER OF SERVICE Returned Executed by Adrian Deshun Delk. Latoya Louden waiver sent on 9/1/2022, answer due 10/31/2022. (Timmons, Brice)
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Filing 12
WAIVER OF SERVICE Returned Executed by Adrian Deshun Delk. Tomicka McKinnie waiver sent on 9/1/2022, answer due 10/31/2022. (Timmons, Brice)
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Filing 11
WAIVER OF SERVICE Returned Executed by Adrian Deshun Delk. Grady Perry waiver sent on 9/1/2022, answer due 10/31/2022. (Timmons, Brice)
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Filing 10
NOTICE of Appearance by Charles S. Mitchell on behalf of Adrian Deshun Delk (Mitchell, Charles)
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Filing 9
NOTICE of Appearance by William E. Cochran, Jr on behalf of Adrian Deshun Delk (Cochran, William)
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Filing 8
NOTICE of Appearance by Craig A Edgington on behalf of Adrian Deshun Delk (Edgington, Craig)
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Filing 7
Summons Issued as to All Defendants. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(btg)
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Filing 6
Note to all parties: This case was incorrectly opened in the Western Division of the Western District. It was transferred to the Jackson Office and the case number has been modified. Please take notice of the case number as the only change in the number will be the divisional code at the beginning of the case number. (Ex: 1:22-cv-02540 or 2:22-cv-02540). The old case has been closed and contains a case flag that it is closed. Particular attention should be used when selecting the case number during CM/ECF filing of future pleadings to ensure that you are filing in the correct (open) case. The case number is 1:22-cv-02540. Please list the correct case number on all future pleadings. (btg)
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Filing 5
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (btg)
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Filing 4
NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (btg)
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Filing 3
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (btg)
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Filing 2
Judge J. Daniel Breen and Magistrate Judge Charmiane G. Claxton added. (btg) (btg).
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATNWDC-3947626), filed by Adrian Deshun Delk. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Excerpts of Defendant Malone's Depo, #3 Exhibit Excerpts of Defendant Woods' Depo, #4 Exhibit Excerpt's of Defendant Louden's Depo, #5 Summons Corecivic, #6 Summons Warden Grady Perry, #7 Summons Columbus Malone, #8 Summons Danita Woods, #9 Summons Tomicka McKinnie, #10 Summons LaToya Louden)(Timmons, Brice)
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