Diei v. Boyd et al
Plaintiff: Kimberly Diei
Defendant: Charles Hatcher, Decosta Jenkins, Jamie Woodson, Donnie Smith, Kara Lawson, Brad Box, Randy Boyd, Christa George, John Compton, Alan Wilson, William Rhodes, Kim White and Amy Miles
Case Number: 2:2021cv02071
Filed: February 3, 2021
Court: US District Court for the Western District of Tennessee
Presiding Judge: Charmiane G Claxton
Referring Judge: John T Fowlkes
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2021 Opinion or Order Filing 29 ORDER granting #28 Motion for Extension of Time to File Response/Reply re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Filed by OFFICIAL Capacity Defendants - First, Second, and Third Causes of Action, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Filed by INDIVIDUAL Capacity Defendants - Fourth and Fifth Causes of Action. Responses due by 4/9/2021. Signed by Judge John T. Fowlkes, Jr. on 3/8/21. (Fowlkes, J.)
March 8, 2021 Filing 28 MOTION for Extension of Time to File Response/Reply as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Filed by OFFICIAL Capacity Defendants - First, Second, and Third Causes of Action, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Filed by INDIVIDUAL Capacity Defendants - Fourth and Fifth Causes of Action proposed order submitted by Kimberly Diei. (Greubel, Greg)
March 4, 2021 Opinion or Order Filing 27 ORDER granting #26 Motion for Leave to Appear Pro Hac Vice. Signed by Judge John T. Fowlkes, Jr. on 3/4/21. (Fowlkes, J.)
March 4, 2021 Filing 26 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3559217) by Kimberly Diei. (Greubel, Greg)
March 1, 2021 Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Filed by OFFICIAL Capacity Defendants - First, Second, and Third Causes of Action by Randy Boyd(in his official capacity as President of the University of Tennessee System), John Compton, Christa George(in her official capacity as Chair of the University of Tennessee Health Science Center College of Pharmacys Professional Conduct Committee), Charles Hatcher, Decosta Jenkins, Kara Lawson, Amy Miles, William Rhodes, Donnie Smith, Kim White, Alan Wilson, Jamie Woodson. (Attachments: #1 Memorandum of Law in Support of the Official Capacity Defendants' Motion to Dismiss the First, Second, and Third Causes of Action)(Lancaster, Frank)
March 1, 2021 Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Filed by INDIVIDUAL Capacity Defendants - Fourth and Fifth Causes of Action by Randy Boyd(Individually), Christa George(Individually). (Attachments: #1 Memorandum of Law in Support of Individual Capacity Defendants' Motion to Dismiss Fourth and Fifth Causes of Action, #2 Exhibit 1 - Tenn. Comp. R. & Regs., Rule 1140-02-.01, #3 Exhibit 2 - Tenn. Comp. R. & Regs., Rule 1720-3-5-.01, #4 Exhibit 3 - Excerpts from UTHSC CenterScope Student Handbook, #5 Exhibit 4 - Document Entitled "Standards for Student Professional Conduct" Signed by Plaintiff (Redacted), #6 Exhibit 5 - Screenshots of Video Submitted in 2019 as Complaint about Plaintiff's Social Media Posts, #7 Exhibit 6 - September 4, 2020 Letter from Greg Greubel to Dean Marie Chisholm-Burns (Redacted), #8 Exhibit 7 - Screenshots of Plaintiff's Social Media Posts, Submitted as a Complaint in 2020, #9 Exhibit 8 - Declaration of Dr. Christa M. George Authenticating Exhibits 4, 5, and 7)(Lancaster, Frank)
March 1, 2021 Filing 23 NOTICE of Appearance by Frank H. Lancaster on behalf of All Defendants (Lancaster, Frank)
February 26, 2021 Filing 22 SUMMONS Returned Executed by Kimberly Diei as to William Rhodes. (Peyton, Edd)
February 26, 2021 Filing 21 SUMMONS Returned Executed by Kimberly Diei as to Randy Boyd(in his official capacity as President of the University of Tennessee System). (Peyton, Edd)
February 26, 2021 Filing 20 SUMMONS Returned Executed by Kimberly Diei as to Randy Boyd(Individually). (Peyton, Edd)
February 26, 2021 Filing 19 SUMMONS Returned Executed by Kimberly Diei as to Kim White. (Peyton, Edd)
February 26, 2021 Filing 18 SUMMONS Returned Executed by Kimberly Diei as to Kara Lawson. (Peyton, Edd)
February 26, 2021 Filing 17 SUMMONS Returned Executed by Kimberly Diei as to John Compton. (Peyton, Edd)
February 26, 2021 Filing 16 SUMMONS Returned Executed by Kimberly Diei as to Jamie Woodson. (Peyton, Edd)
February 26, 2021 Filing 15 SUMMONS Returned Executed by Kimberly Diei as to Donnie Smith. (Peyton, Edd)
February 26, 2021 Filing 14 SUMMONS Returned Executed by Kimberly Diei as to Decosta Jenkins. (Peyton, Edd)
February 26, 2021 Filing 13 SUMMONS Returned Executed by Kimberly Diei as to Christa George(in her official capacity as Chair of the University of Tennessee Health Science Center College of Pharmacys Professional Conduct Committee). (Peyton, Edd)
February 26, 2021 Filing 12 SUMMONS Returned Executed by Kimberly Diei as to Christa George(Individually). (Peyton, Edd)
February 26, 2021 Filing 11 SUMMONS Returned Executed by Kimberly Diei as to Charles Hatcher. (Peyton, Edd)
February 26, 2021 Filing 10 SUMMONS Returned Executed by Kimberly Diei as to Brad Box. (Peyton, Edd)
February 26, 2021 Filing 9 SUMMONS Returned Executed by Kimberly Diei as to Amy Miles. (Peyton, Edd)
February 26, 2021 Filing 8 SUMMONS Returned Executed by Kimberly Diei as to Alan Wilson. (Peyton, Edd)
February 3, 2021 Filing 7 Judge John T. Fowlkes, Jr added. Judge Mark S. Norris no longer assigned to case as he has a conflict with one of the parties. (jae)
February 3, 2021 Filing 6 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- Randy Boyd, official capacity, #2 summons Christa George, Individually, #3 summons Christa George, Official capacity, #4 Summons Brad Box, #5 summons John Compton, #6 summons Kara Lawson, #7 summons Alan Wilson, #8 summons - Amy Miles, #9 summons Charles Hatcher, #10 summons Decosta Jenkins, #11 summons Donnie Smith, #12 summons Jamie Woodson, #13 summons Kim White, #14 summons William Rhodes)(jae) (Attachment 3 replaced on 2/4/2021) (jae).
February 3, 2021 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 (jae)
February 3, 2021 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 (jae)
February 3, 2021 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 (jae)
February 3, 2021 Filing 2 Judge Mark S. Norris and Magistrate Judge Charmiane G. Claxton added. (jae)
February 3, 2021 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATNWDC-3538186), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons Alan Wilson, #3 Summons Amy Miles, #4 Summons Brad Box, #5 Summons Charles Hatcher, #6 Summons Christa George in her official capacity as Chair of the University of Tennessee Health Science Center College of Pharmacys Professional Conduct Committee, #7 Summons Christa Geroge, Individually, #8 Summons Decosta Jenkins, #9 Summons Donnie Smith, #10 Summons Jamie Woodson, #11 Summons John Compton, #12 Summons Kara Lawson, #13 Summons Kim White, #14 Summons Randy Boyd in his official capacity as President of the University of Tennessee System, #15 Summons Randy Boyd Individually, #16 Summons William C. Rhodes, III)(Peyton, Edd)

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Defendant: Charles Hatcher
Represented By: Frank H. Lancaster
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Defendant: Decosta Jenkins
Represented By: Frank H. Lancaster
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Defendant: Jamie Woodson
Represented By: Frank H. Lancaster
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Defendant: Donnie Smith
Represented By: Frank H. Lancaster
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Defendant: Kara Lawson
Represented By: Frank H. Lancaster
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Defendant: Brad Box
Represented By: Frank H. Lancaster
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Defendant: Randy Boyd
Represented By: Frank H. Lancaster
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Defendant: Christa George
Represented By: Frank H. Lancaster
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Defendant: John Compton
Represented By: Frank H. Lancaster
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Defendant: Alan Wilson
Represented By: Frank H. Lancaster
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Defendant: William Rhodes
Represented By: Frank H. Lancaster
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Defendant: Kim White
Represented By: Frank H. Lancaster
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Defendant: Amy Miles
Represented By: Frank H. Lancaster
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Plaintiff: Kimberly Diei
Represented By: Edd L. Peyton
Represented By: Greg Harold Greubel
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