G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert et al v. Lee et al
| G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert, S.T., by and through her mother and next friend, Emily Tremel and J.M., by and through her mother and next friend, Kimberly Morrise |
| Governor Bill Lee and Shelby County, Tennessee |
| American Academy of Pediatrics, Tennessee Chapter of the American Academy of Pediatrics and Jordan Carpenter |
| 2:2021cv02552 |
| August 27, 2021 |
| US District Court for the Western District of Tennessee |
| Annie T Christoff |
| Sheryl H Lipman |
| Civil Rights: Americans with Disabilities - Other |
| 29 U.S.C. § 754 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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Filing 72
ORDER denying #68 Motion to Stay. Signed by Judge Sheryl H. Lipman on 10/19/21. (shl)
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Filing 71
RESPONSE to Motion re #68 MOTION to Stay filed by Shelby County, Tennessee. (Stuart, Sarah)
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Filing 70
Notice of Correction to #69 Response to Motion, Plaintiffs' Response to Defendant, Governor Bill Lee's Motion for Stay Pending Appeal of Defendant Governor Bill Lee and Incorporated Memorandum in Support Thereof. (Timmons, Brice)
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Filing 69
RESPONSE to Motion re #68 MOTION to Stay Plaintiff's Response to Defendant, Governor Bill Lee's Motion for Stay Pending Appeal of Defendant Governor Bill Lee and Incocrporated Memorandum in Support Thereof filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Calabro, Hope)
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Filing 68
MOTION to Stay by Bill Lee. (Attachments: #1 Memorandum in Support of Governor Lee's Motion for Stay Pending Appeal)(Wilson, Robert)
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Filing 67
USCA Case Number 21-5915 for #66 Notice of Interlocutory Appeal filed by Bill Lee. Civil Case Docketed. Notice filed by Appellant Bill Lee. Transcript needed: y. (btg)
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Filing 66
NOTICE OF INTERLOCUTORY APPEAL as to #62 Order by Bill Lee. Filing fee $ 505, receipt number ATNWDC-3710504. (Newsom, James)
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Filing 65
ANSWER to #54 Amended Complaint, by Shelby County, Tennessee.(Gibson, Tannera)
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Filing 64
ANSWER to #54 Amended Complaint, by Bill Lee.(Newsom, James)
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Filing 62
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Sheryl H. Lipman on 9/17/21. (shl)
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Filing 63
PRO SE MOTION to Intervene and Complaint and Request to Discontinue Suit filed by Peggy June Griffin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Envelope)(btg)
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Filing 61
MOTION for Leave to File Amicus Curiae Brief by Jordan Carpenter. (Attachments: #1 Memorandum Amicus Brief)(Carpenter, Jordan)
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Filing 60
NOTICE of Appearance by Jordan Kelly Carpenter on behalf of Jordan Carpenter (Carpenter, Jordan)
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Filing 59
RESPONSE in Opposition re #16 MOTION to Certify Class proposed order submitted filed by Bill Lee. (Wilson, Robert)
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Filing 58
RESPONSE to Motion re #16 MOTION to Certify Class filed by Shelby County, Tennessee. (Gibson, Tannera)
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Filing 57
RESPONSE to Motion re #2 MOTION for Temporary Restraining Order filed by Shelby County, Tennessee. (Gibson, Tannera)
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Filing 56
REPLY to Response to Motion re #49 Response to Motion,,, filed by All Plaintiffs. (Attachments: #1 Exhibit Exh 1: Atty Gen. OP 20-14)(Timmons, Brice)
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Filing 55
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #54 Amended Complaint, filed by S.T., by and through her mother and next friend, Emily Tremel, G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert has been filed. For future reference, please note : Filer failed to add additional party to the docket when prompted to select "Filed by" parties. Clerk's office has now added that party. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae)
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Filing 54
AMENDED COMPLAINT First Amended Complaint against All Defendants All Defendants., filed by G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert, S.T., by and through her mother and next friend, Emily Tremel. (Ashby, Bryce)
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Filing 53
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9-9-21 before Judge Sheryl H. Lipman. Court Reporter Candace S Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 9/14/2021. Redaction Request due 9/30/2021. Release of Transcript Restriction set for 12/8/2021. Associated Cases: 2:21-cv-02552-SHL-atc, 2:21-cv-02550-SHL-atc(Covey, Candace)
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Filing 52
Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Preliminary Injunction Hearing was held on 9/9/2021. Brice M. Timmons, Craig A. Edington and Bryce W. Ashby appeared for the plaintiff(s). James R. Newsom, III, Matthew R. Dowty and Robert W. Wilson appeared for defendant Governor Bill Lee. Tannera G. Gibson, Charles S. Higgins, Emmett L. Whitwell, Nathan A. Bicks and Sarah E. Stuart appeared for defendant Shelby County Tennessee. Plaintiff's Motion to Strike #50 was denied. Defendant's proof/sworn witnesses: Theresa Nicholls. At the conclusion of the hearing, the court took the matter under advisement and will enter a written order upon ruling. (Court Reporter: Candace Covey) (smm)
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Filing 51
NOTICE by G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert, S.T., by and through her mother and next friend, Emily Tremel Notice of Filing the Transcript of Theresa Nicholls (Attachments: #1 Exhibit Transcript, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Ashby, Bryce)
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Filing 50
MOTION to Strike #49 Response to Motion,,, for TRO and Preliminary Injunction by All Plaintiffs. (Timmons, Brice)
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Filing 49
RESPONSE to Motion re #2 MOTION for Temporary Restraining Order proposed order submitted filed by Bill Lee. (Attachments: #1 Exhibit Declaration of Theresa Nicholls, #2 Exhibit A to the Declaration of Theresa Nicholls, #3 Exhibit B to the Declaration of Theresa Nicholls, #4 Exhibit C to the Declaration of Theresa Nicholls, #5 Exhibit D to the Declaration of Theresa Nicholls, #6 Exhibit E to the Declaration of Theresa Nicholls, #7 Exhibit F to the Declaration of Theresa Nicholls, #8 Exhibit G to the Declaration of Theresa Nicholls, #9 Exhibit H to the Declaration of Theresa Nicholls, #10 Exhibit I to the Declaration of Theresa Nicholls, #11 Exhibit J to the Declaration of Theresa Nicholls, #12 Exhibit K to the Declaration of Theresa Nicholls)(Wilson, Robert)
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Filing 48
NOTICE by G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert, S.T., by and through her mother and next friend, Emily Tremel of Filing of Supplemental Declaration of Sara Cross, MD with Exhibits A-M (Attachments: #1 Affidavit (Supplemental) of Sara Cross, MD with Exhibits A - M)(Ashby, Bryce)
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Filing 47
NOTICE by G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert, S.T., by and through her mother and next friend, Emily Tremel regarding Witnesses for Preliminary Injunction Hearing (Ashby, Bryce)
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Filing 46
TEXT ONLY ORDER granting #41 Motion for Leave to File. Signed by Judge Sheryl H. Lipman on 9/8/21. (shl)
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Filing 45
TEXT ONLY ORDER granting #44 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Sheryl H. Lipman on 9/8/21. (Lipman, Sheryl)
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Filing 44
Corrected MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) by American Academy of Pediatrics, Tennessee Chapter of the American Academy of Pediatrics. (Dubner, Jeffrey)
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Filing 43
Notice of Correction to #42 Notice (Other), To Correct Filer Name. (Ashby, Bryce)
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Filing 42
NOTICE by G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert, S.T., by and through her mother and next friend, Emily Tremel re #2 MOTION for Temporary Restraining Order Notice of Filing Declaration of Kimberly Morisse (Attachments: #1 Exhibit)(Timmons, Brice)
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Filing 41
Consent MOTION for Leave to File Amici Brief by American Academy of Pediatrics, Tennessee Chapter of the American Academy of Pediatrics. (Attachments: #1 Amicus Brief)(Spence, Samara)
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Filing 40
NOTICE OF SETTING: (TEXT ONLY NO IMAGE ASSOCIATED WITH THIS ENTRY): A Preliminary Injunction Hearing has been set for Thursday, September 9, 2021 at 10:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. All parties shall be prepared to present their witnesses and evidence at the hearing. This will be an in-court hearing. There will be limited seating for the public. The parties are instructed to notify the case manager if this will be an evidentiary hearing and if any other persons will attend other than the parties in this case. All persons entering a court facility must follow all rules adopted for the federal building. Participants may not enter the building, or they may be removed from the building, if they fail to comply with federal building rules and screening protocols. Everyone in the Courtroom will be required to wear a face covering over their mouth and nose. (smm)
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Filing 39
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #38 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3695775) filed by Tennessee Chapter of the American Academy of Pediatrics, American Academy of Pediatrics has been filed. However, the following deficiency has been found: Filer failed to include the required TWO certificates of good standing. This motion will be termed, pending correct submission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3695775) by American Academy of Pediatrics, Tennessee Chapter of the American Academy of Pediatrics. (Dubner, Jeffrey)
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Filing 37
NOTICE of Appearance by Samara M Spence on behalf of American Academy of Pediatrics, Tennessee Chapter of the American Academy of Pediatrics (Spence, Samara)
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Filing 36
NOTICE by Bill Lee Notice of Potential Witnesses for Hearing Scheduled September 9, 2021 (Wilson, Robert)
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Filing 35
NOTICE of Appearance by Charles Silvestri Higgins on behalf of Shelby County, Tennessee (Higgins, Charles)
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Filing 34
ORDER GRANTING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER #2 . Signed by Judge Sheryl H. Lipman on 9/3/21. (Lipman, Sheryl)
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Filing 33
TEXT ONLY ORDER granting #32 Motion for Leave to File. Signed by Judge Sheryl H. Lipman on 9/1/21. (shl)
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Filing 32
Consent MOTION for Leave to File Amicus Curiae Brief of Council of Parent Attorneys and Advocates by All Plaintiffs. (Attachments: #1 Exhibit Proposed Amicus Curiae Brief of Council of Parent Attorneys and Advocates)(Salonus, Jessica)
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Filing 31
REPLY to Response to Motion re #29 Reply to Response to Motion for Temporary Restraining Order filed by Bill Lee. (Newsom, James)
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Filing 30
RESPONSE to Motion re #2 MOTION for Temporary Restraining Order Supplemental Response filed by Shelby County, Tennessee. (Attachments: #1 Exhibit Health Order No. 25)(Gibson, Tannera)
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Filing 29
REPLY to Response to Motion re #24 Response to Motion for TRO filed by All Plaintiffs. (Timmons, Brice)
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Filing 28
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8-30-21 before Judge Sheryl H. Lipman. Court Reporter Candace S Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 9/7/2021. Redaction Request due 9/20/2021. Release of Transcript Restriction set for 11/29/2021. Associated Cases: 2:21-cv-02552-SHL-atc, 2:21-cv-02550-SHL-atc(Covey, Candace) (Main Document 28 replaced on 9/9/2021) (cbs).
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Filing 27
EXHIBIT & WITNESS LIST RE: HEARING ON TRO. (smm)
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Filing 26
Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Hearing Plaintiff's Motion for Temporary Restraining Order #2 was held on 8/30/2021. Brice M. Timmons, Bryce W. Ashby, Craig A. Edgington and Robert A. Donati appeared for the plaintiff(s). James R. Newsom, III, Matthew R. Dowty and Robert W. Wilson appeared for defendant Governor Bill Lee. Tannera G. Gibson, Emmett L. Whitwell, Marlinee Iverson, Nathan A. Bicks and Sarah E. Stuart appeared for defendant Shelby County Tennessee. Plaintiff's proof/sworn witnesses: Dr. Sarah Cross, MD, exhibit 1 marked and admitted; Dr. Joi Wilson-Townsend MPH, MD; exhibit 2 marked and admitted; Emily Tremel; Brittany Schwaigert. Plaintiff to file their reply by close of business on Monday, August 30, 2021. Defendant to file their response to the reply by close of business on Tuesday, August 31, 2021. At the conclusion of the hearing, the court took the motion under advisement and will enter a written order upon ruling. Preliminary Injunction Hearing set for Thursday, September 9, 2021 at 10:00 AM in Courtroom 1 Memphis before Judge Sheryl H. Lipman. Plaintiff's Motion for Court to Hear Testimony #15 was granted. (Court Reporter: Candace Covey) (smm)
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Filing 25
RESPONSE to Motion re #15 MOTION Leave to Present Testimony re #11 Setting Letter,,, TRO & Preliminary Injunction filed by Bill Lee. (Attachments: #1 Exhibit to Defendant Governor Bill Lee's Response in Opposition to Plaintiffs' Motion for Court to Hear Testimony)(Wilson, Robert)
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Filing 24
RESPONSE to Motion re #2 MOTION for Temporary Restraining Order filed by Bill Lee. (Wilson, Robert)
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Filing 23
RESPONSE to Motion re #2 MOTION for Temporary Restraining Order filed by Shelby County, Tennessee. (Gibson, Tannera)
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Filing 22
NOTICE of Appearance by Emmett Lee Whitwell on behalf of Shelby County, Tennessee (Whitwell, Emmett)
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Filing 21
NOTICE by G.S., by and through his parents and next friends, Brittany and Ryan Schwaigert, S.T., by and through her mother and next friend, Emily Tremel re #11 Setting Letter,,, Notice of Potential Witnesses (Timmons, Brice)
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Filing 20
NOTICE of Appearance by Nathan A. Bicks on behalf of Shelby County, Tennessee (Bicks, Nathan)
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Filing 19
NOTICE of Appearance by Sarah Elizabeth Stuart on behalf of Shelby County, Tennessee (Stuart, Sarah)
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Filing 18
NOTICE of Appearance by Marlinee Iverson on behalf of Shelby County, Tennessee (Iverson, Marlinee)
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Filing 17
NOTICE of Appearance by Tannera George Gibson on behalf of Shelby County, Tennessee (Gibson, Tannera)
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Filing 16
MOTION to Certify Class by All Plaintiffs. (Attachments: #1 Exhibit Declaration of Brice M. Timmons)(Timmons, Brice)
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Filing 15
MOTION Leave to Present Testimony re #11 Setting Letter,,, TRO & Preliminary Injunction by All Plaintiffs. (Timmons, Brice)
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Filing 14
NOTICE of Appearance by Robert W. Wilson on behalf of Bill Lee (Wilson, Robert)
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Filing 13
NOTICE of Appearance by James R. Newsom, III on behalf of Bill Lee (Newsom, James)
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Filing 12
NOTICE of Appearance by Matthew Reed Dowty on behalf of Bill Lee (Dowty, Matthew)
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Filing 11
SETTING LETTER: Re: A Hearing on Plaintiff's Motion for Temporary Restraining Order #2 has been set for Monday, August 30, 2021 at 11:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Plaintiffs Counsel is directed to notify the defendant/defendants counsel of hearing.This will be an in-court hearing. There will be limited seating for the public. The parties are instructed to notify the case manager if this will be an evidentiary hearing and if any other persons will attend other than the parties in this case. All persons entering a court facility must follow all rules adopted for the federal building. Participants may not enter the building, or they may be removed from the building, if they fail to comply with federal building rules and screening protocols. Everyone in the Courtroom will be required to wear a face covering over their mouth and nose. (smm)
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Filing 10
NOTICE of Appearance by Craig A Edgington on behalf of All Plaintiffs (Edgington, Craig)
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Filing 9
NOTICE of Appearance by Brice Moffatt Timmons on behalf of All Plaintiffs (Timmons, Brice)
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Filing 8
NOTICE of Appearance by Robert A. Donati on behalf of All Plaintiffs (Donati, Robert)
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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)(btg)
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Filing 6
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 5
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 4
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 3
Judge Sheryl H. Lipman and Magistrate Judge Annie T. Christoff added. (btg)
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Filing 2
MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: #1 Memorandum in Support of TRO, #2 Exhibit : Declaration of Brittany Schwaigert, #3 Exhibit : Declaration of Emily Tremel, #4 Exhibit : Declaration of Joi Wilson-Townsend, MD, #5 Exhibit : Declaration of Sara Cross, MD)(Ashby, Bryce)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATNWDC-3688583), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons for Gov. Bill Lee, #3 Summons for Shelby County, Tennessee)(Ashby, Bryce)
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