DOE v. Rhodes College
Plaintiff: JOHN DOE
Defendant: Rhodes College
Other: Emma Davis
Case Number: 2:2019cv02336
Filed: May 29, 2019
Court: US District Court for the Western District of Tennessee
Presiding Judge: John T Fowlkes
Referring Judge: Thomas L Parker
2 Judge: Tu M Pham
Nature of Suit: Civil Rights: Education
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2019 Opinion or Order Filing 80 ORDER re DE 21 Amended MOTION for Temporary Restraining Order Plaintiff's Amended and Supplemental Application for Temporary Restraining Order and Preliminary Injunction filed by John Doe signed by Judge John T. Fowlkes, Jr. on 7/25/2019. (Fowlkes, John)
July 24, 2019 Opinion or Order Filing 79 ORDER granting in part and denying in part DE #63 Sealed Motion signed by Judge John T. Fowlkes, Jr. on 7/24/2019. (Fowlkes, John)
July 22, 2019 Filing 78 RESPONSE to Motion re #52 First MOTION to Amend/Correct First Amended Complaint filed by Rhodes College. (Haltom, James)
July 18, 2019 Filing 77 Exhibit List by John Doe. (wrh)
July 18, 2019 Filing 76 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Motion Hearing (Day2) held on 7/18/2019 re 21 Amended MOTION for Temporary Restraining Order Plaintiff's Amended and Supplemental Application for Temporary Restraining Order and Preliminary Injunction filed by John Doe, #39 Supplemental MOTION for Preliminary Injunction filed by John Doe. Brice Moffat Timmons, Megan E. Arthur, Bryce William Ashby appearing for the Plaintiff; James A. Haltom, Woods Drinkwater, Jeffrey R. Daniel present for Defendant. Defendant stated that it had concluded it's proof & would not present further witnesses. Defendant made an oral motion for the Court to deny the Preliminary Injunction & Plaintiff mad an oral motion for the Court to grant the Preliminary Injunction. Court heard closing arguments from both Parties; motions taken under advisement; the Court will enter a written ruling. (Court Reporter Lisa Mayo.) (wrh)
July 18, 2019 Filing 75 Sealed Document Plaintiff's Response to Defendant's Motion to Dismiss (Defendant's Motion to Dismiss ECF 36). (Attachments: #1 Memorandum Plaintiff's Memorandum of Law in Support of His Response in Opposition to Defendant's Motion to Dismiss)(Timmons, Brice)
July 17, 2019 Filing 74 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Motion Hearing held on 7/17/2019 re 21 Amended MOTION for Temporary Restraining Order Plaintiff's Amended and Supplemental Application for Temporary Restraining Order and Preliminary Injunction filed by John Doe, #39 Supplemental MOTION for Preliminary Injunction filed by John Doe. Brice Moffat Timmons, Megan E. Arthur, Bryce William Ashby appearing for the Plaintiff; James A. Haltom, Woods Drinkwater, Jeffrey R. Daniel present for Defendant. Motions heard; Plaintiff's proof/witnesses: Tiffany Cox, Exhs 12,13,4,5,1,3,8,9,10,11,15; Anna Eldridge, Exhs 16-17; John Doe, Exhs 18-19 Id Only & Exh 20. Defendant's proof/witnesses: Shantih Geary SmytheHearing continued to tomorrow, 07/18/2019 at 11:00 a.m. (Court Reporter Lisa Mayo.) (wrh)
July 16, 2019 Filing 73 First MOTION in Limine Proposed Order Submitted by John Doe. (Timmons, Brice)
July 16, 2019 Filing 72 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Motion Hearing held on 7/16/2019 re #63 SEALED MOTION and Memorandum of Law to Quash Subpoena filed by Emma Davis. Both Parties present in Court. Motion to Quash Subpoena heard & Denied, written order to be entered. Case set tomorrow, Wednesday, 07/17/2019 at 10:00 AM for Preliminary Injunction Hearing. (Plaintiff: Brice Moffat Timmons; Megan E. Arthur: Christopher Michael Williams)(Defense: James A. Haltom; Jeffrey R. Davis)(Objector: Sam B. Blair, Jr.) (Court Reporter Lisa Mayo.) (wrh)
July 15, 2019 Filing 71 Sealed Document Rhodes College's Bench Brief. (Attachments: #1 Exhibit A - Investigative Report, #2 Exhibit B - Rhodes Hearing Transcript, #3 Exhibit C - Witness Deposition Excerpt, #4 Exhibit D - Rhodes College Title IX Policy and Procedure, #5 Exhibit E - Plaintiff Deposition Excerpt)(Haltom, James)
July 15, 2019 Filing 70 Sealed Document Plaintiff's Pre-Hearing Brief. (Timmons, Brice)
July 15, 2019 Filing 69 First MOTION to Expedite Proposed Order Submitted by John Doe. (Timmons, Brice)
July 15, 2019 SETTING LETTER: [TEXT ONLY - NO IMAGE ATTACHED] Motion Hearing re DE #63 and DE #66 set for 7/16/2019 9:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr. (dcm)(Fowlkes, John). Modified on 7/15/2019 (wrh). (Fowlkes, John).
July 15, 2019 Filing 68 Sealed Document Subpoena Returned as Served. (Haltom, James)
July 15, 2019 Filing 67 Sealed Document Subpoena Returned as Served. (Haltom, James)
July 15, 2019 Filing 66 First MOTION to Expedite Proposed Order Submitted by John Doe. (Timmons, Brice)
July 12, 2019 Filing 65 RESPONSE to Motion re #63 SEALED MOTION and Memorandum of Law to Quash Subpoena filed by Rhodes College. (Haltom, James)
July 12, 2019 Filing 64 RESPONSE in Opposition re #63 SEALED MOTION and Memorandum of Law to Quash Subpoena filed by Emma Davis. (Timmons, Brice)
July 12, 2019 Filing 63 SEALED MOTION and Memorandum of Law to Quash Subpoena by Emma Davis. (Attachments: #1 Exhibit 1 - Hearing Transcript Excerpts)(Blair, Sam)
July 12, 2019 Opinion or Order Filing 62 ORDER for Mediation. Signed by Judge John T. Fowlkes, Jr. on 07/12/2019. (Fowlkes, John)
July 11, 2019 Filing 61 SEALED TRANSCRIPT of Proceedings held on 7-8-19, Motion Proceedings before Judge John T. Fowlkes, Jr... (Dodson, Mark)
July 10, 2019 Opinion or Order Filing 60 ORDER granting DE #49 Motion for Protective Order signed by Judge John T. Fowlkes, Jr. on 7/10/2019. (Fowlkes, John)
July 10, 2019 Opinion or Order Filing 59 ORDER granting DE #4 Motion signed by Judge John T. Fowlkes, Jr. on 7/10/2019. (Fowlkes, John)
July 10, 2019 Filing 58 NOTICE of Appearance by Bryce William Ashby on behalf of John Doe (Ashby, Bryce)
July 9, 2019 Filing 57 NOTICE by John Doe Service of Initial Disclosures (Williams, Christopher)
July 8, 2019 Opinion or Order Filing 56 SCHEDULING ORDER: signed by Judge John T. Fowlkes, Jr. on 7/8/2019. (Fowlkes, John)
July 8, 2019 Filing 55 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Motion(s) Hearing held on 7/8/2019. Brice Timmons & Megan Arthur appearing for the Plaintiff. James Haltom & Jeff Daniels (telephone) appearing for Defendant. Court heard from parties as to pending motions. Plaintiff to submit proposed order for #4 Motion. #39 Motion is denied. Court instructs parties to submit a Joint Order for Motions for Protective Order. Defense to give Plaintiff transcript of Title IX hearing after entry of Protective Order. #52 Motion to Amend awaiting response; Plaintiff giver permission to reply to response. Scheduling Order amended- Exclude Experts deadline is 1/17/2020; Dispositive Motions deadline is 2/14/2020. Preliminary Injunction Hearing scheduled for 7/17/2019 at 10:00 AM. (Court Reporter Mark Dodson) (tlh)
July 8, 2019 Opinion or Order Filing 54 ORDER granting de #25 Motion for Protective Order Signed by Judge John T. Fowlkes, Jr. on 7/8/2019. (Fowlkes, John)
July 7, 2019 Filing 53 Sealed Document Second Amended Complaint. (Williams, Christopher)
July 7, 2019 Filing 52 First MOTION to Amend/Correct First Amended Complaint by John Doe. (Attachments: #1 Exhibit A - Second Amended Complaint - Redacted)(Williams, Christopher)
July 5, 2019 Filing 51 SEALED RESPONSE to Motion re #39 Supplemental MOTION for Preliminary Injunction in Opposition filed by Rhodes College. (Attachments: #1 Affidavit of Tiffany Cox, #2 Affidavit of James Haltom, #3 Exhibit of Press Release)(Haltom, James)
July 5, 2019 Filing 50 SEALED RESPONSE to Motion re #42 First SEALED MOTION To Expedite Scheduling Order in Opposition filed by Rhodes College. (Haltom, James)
July 3, 2019 Filing 49 First MOTION for Protective Order Proposed Order Submitted by John Doe. (Williams, Christopher)
July 3, 2019 Filing 48 NOTICE of Appearance by Christopher Michael Williams on behalf of John Doe (Williams, Christopher)
July 2, 2019 Filing 47 NOTICE by Rhodes College of Proof of Service of Subpoena (Haltom, James)
July 2, 2019 Filing 46 NOTICE to Take Deposition of Rhodes College by John Doe.(Arthur, Megan)
July 2, 2019 Filing 45 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #44 Notice to Take Deposition filed by John Doe has been filed. However, the following deficiency has been found: The filer and the signer appear to be two different attorneys. The login and password of the attorney entering the pleading must be the same as the signature. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jld)
July 1, 2019 SETTING LETTER: [TEXT ONLY - NO IMAGE ATTACHED] Motion Hearing re DE #42 set for 7/08/2019 10:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr. (dcm)
July 1, 2019 Filing 44 NOTICE to Take Deposition of Rhodes College by John Doe.(Timmons, Brice)
July 1, 2019 Filing 43 NOTICE of Voluntary Dismissal by Rhodes College Associated Cases: 2:19-cv-02373-JTF-tmp, 2:19-cv-02336-JTF-tmp(Haltom, James)
June 28, 2019 Filing 42 First SEALED MOTION To Expedite Scheduling Order by John Doe. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Arthur, Megan)
June 24, 2019 Filing 41 Sealed Document Subpoena to Testify at a Deposition. (Timmons, Brice)
June 21, 2019 Filing 40 Sealed Document Supplemental Application for Preliminary Injunction (Un-Redacted). (Attachments: #1 Exhibit Rhodes College Title IX Procedures, #2 Exhibit Second Title IX Complaint, #3 Exhibit Second Title IX Investigative Report)(Timmons, Brice)
June 21, 2019 Filing 39 Supplemental MOTION for Preliminary Injunction by John Doe. (Attachments: #1 Exhibit Rhodes College Title IX Procedures)(Timmons, Brice)
June 21, 2019 Filing 38 SETTING LETTER: [TEXT ONLY - NO IMAGE ATTACHED] Motion Hearing set for 7/17/2019 10:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr.. Associated Cases: 2:19-cv-02373-JTF-tmp, 2:19-cv-02336-JTF-tmp(wrh)
June 21, 2019 Filing 37 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Status Conference held on 6/21/2019. Case # 19-02373: Counsel for Plaintiff Bryce William Ashby & Donald A. Donati present in Court; Case# 19-02336 counsel for Platiff Bryce Moffat Timmons present in Court. Defense counsel James A. Haltom present in Court & both Daniel A. Cohen & Jeffrey R. Daniel present telephonically. Parties updated the Court as to the status of the case. Case 19-02373 Plaintiff will file a Motion for Protective Order; the Court will take a look at filings & sets a response deadline of 07/01/2019 for Defendant to file response; Pretrial briefs to be submitted by Monday, 07/15/2019 by end of day; The Court accepts the proposed Scheduling Order, order on Mediation & Scheduling Order TBE. The case sets both cases 19-02373 & 19-02336 for Preliminary Injunction Hearing at 10:00 a.m. (Court Reporter Mark Dodson.) Associated Cases: 2:19-cv-02373-JTF-tmp, 2:19-cv-02336-JTF-tmp(wrh)
June 20, 2019 Filing 36 SEALED MOTION to Dismiss by Rhodes College. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss)(Haltom, James)
June 19, 2019 Opinion or Order Filing 35 ORDER granting DE #34 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 6/19/2019. (Fowlkes, John)
June 17, 2019 Filing 34 MOTION for Leave to Appear Pro Hac Vice for Jeff Daniel - proposed Order submitted (Filing fee $ 150 receipt number ATNWDC-3093340) by Rhodes College. (Attachments: #1 Exhibit Supreme Court of Georgia Cert. of Good Standing, #2 Exhibit USDC Northern District of GA Cert. of Good Standing)(Daniel, Jeffrey)
June 14, 2019 Filing 32 SEALED TRANSCRIPT of Proceedings held on 6-6-19, Injunction Proceedings before Judge John T. Fowlkes, Jr... (Dodson, Mark)
June 13, 2019 Filing 31 NOTICE by Rhodes College re #24 Response in Opposition to Motion, Supplemental Statement of Authorities (Haltom, James)
June 11, 2019 Filing 30 NOTICE of Appearance by Daniel A. Cohen on behalf of Rhodes College (Cohen, Daniel)
June 7, 2019 Opinion or Order Filing 29 ORDER granting DE #23 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 6/6/2019. (Fowlkes, John)
June 6, 2019 Filing 28 SETTING LETTER: [TEXT ONLY - NO IMAGE ATTACHED] Evidentiary Hearing set for 7/10/2019 10:30 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr.. (wrh)
June 6, 2019 Filing 27 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr: Motion Hearing held on 6/6/2019 re 5 First MOTION for Temporary Restraining Order Proposed Order Submitted filed by John Doe, 21 Amended MOTION for Temporary Restraining Order Plaintiff's Amended and Supplemental Application for Temporary Restraining Order and Preliminary Injunction filed by John Doe. Counsel for Plaintiff Brice Moffatt Timmons & Megan E. Arthur; Defense counsel Daniel A. Cohen present in Court. Both Parties do not object to the entering of the Protective Order de#25 ; The Court grants Motion for Protective Order, order to be entered. Preliminary Injunction heard & TUA, order to be entered; The Court set the case Wednesday, 07/10/2019 at 10:30 a.m. for Evidentiary Hearing. (Court Reporter Mark Dodson.) (wrh)
June 6, 2019 Opinion or Order Filing 26 ORDER granting DE #22 Motion to Seal Document signed by Judge John T. Fowlkes, Jr. on 6/6/2019. (Fowlkes, John)
June 6, 2019 Filing 25 MOTION for Protective Order by Rhodes College. (Drinkwater, Woods)
June 6, 2019 Filing 24 RESPONSE in Opposition re 5 First MOTION for Temporary Restraining Order Proposed Order Submitted, 21 Amended MOTION for Temporary Restraining Order Plaintiff's Amended and Supplemental Application for Temporary Restraining Order and Preliminary Injunction filed by Rhodes College. (Attachments: #1 Exhibit Declaration of Milton Moreland)(Haltom, James)
June 5, 2019 Filing 23 MOTION for Leave to Appear Pro Hac Vice for Daniel A. Cohen -proposed Order submitted (Filing fee $ 150 receipt number ATNWDC-3083475) by Rhodes College. (Attachments: #1 Exhibit Certificate of Good Standing - Supreme Court of Georgia, #2 Exhibit Certificate of Good Standing - USDC Northern District of Georgia)(Cohen, Daniel)
June 5, 2019 Filing 22 First MOTION to Seal Document #3 Sealed Document, #19 Sealed Document Proposed Order Submitted by John Doe. (Timmons, Brice)
June 5, 2019 Filing 20 NOTICE of Appearance by Megan E. Arthur on behalf of John Doe (Arthur, Megan)
June 4, 2019 Filing 19 Sealed Document Affidavit of Plaintiff. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Timmons, Brice)
June 4, 2019 NOTICE OF CANCELLATION AND RESCHEDULING [Text Only - No Image Attached]: The Preliminary Injunction Hearing Re DE 1 and DE 5 set for 6/5/2019 09:00 AM is cancelled and rescheduled for 6/6/2019 at 02:00 PM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr. (Fowlkes, John)
June 4, 2019 Filing 17 SUMMONS Returned Executed by John Doe as to Rhodes College. (Timmons, Brice)
June 3, 2019 Filing 16 NOTICE of Appearance by Woods Drinkwater on behalf of Rhodes College (Drinkwater, Woods)
June 3, 2019 Filing 15 NOTICE of Appearance by James A. Haltom on behalf of Rhodes College (Haltom, James)
May 31, 2019 Filing 14 SETTING LETTER: Re [TEXT ORDER NO - IMAGE ATTACHED]: A Preliminary Injunction Hearing Re DE 1 and DE 5 is set for 6/5/2019 09:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr.(Fowlkes, John)
May 29, 2019 Filing 13 Judge John T. Fowlkes, Jr added. Judge Samuel H. Mays, Jr no longer assigned to case. (Judge Mays does not take TROs). (jae)
May 29, 2019 Filing 12 Judge Samuel H. Mays, Jr added. Judge Thomas L. Parker no longer assigned to case per #11 Order of Recusal. (jae)
May 29, 2019 Opinion or Order Filing 11 ORDER OF RECUSAL. Signed by Judge Thomas L. Parker on 5/29/2019. (pab)
May 29, 2019 Filing 10 Summons Issued as to Rhodes College. 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. (jld)
May 29, 2019 Filing 9 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 (jld)
May 29, 2019 Filing 8 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 (jld)
May 29, 2019 Filing 7 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 (jld)
May 29, 2019 Filing 6 Judge Thomas L. Parker and Magistrate Judge Tu M. Pham added. (jld)
May 29, 2019 Filing 4 First MOTION Motion to Proceed Under Pseudonym Proposed Order Submitted by JOHN DOE. (Timmons, Brice)
May 29, 2019 Filing 3 Sealed Document Verification of Original Complaint. (Timmons, Brice)
May 29, 2019 Filing 2 NOTICE of Summons by Brice Moffatt Timmons on behalf of JOHN DOE. (Timmons, Brice)

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Defendant: Rhodes College
Represented By: Woods Drinkwater
Represented By: Daniel A. Cohen
Represented By: Jeffrey R Daniel
Represented By: James A. Haltom
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Plaintiff: JOHN DOE
Represented By: Brice Moffatt Timmons
Represented By: Bryce William Ashby
Represented By: Megan E. Arthur
Represented By: Christopher Michael Williams
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Other: Emma Davis
Represented By: Sam B. Blair, Jr.
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