TESCO Properties, Inc. et al v. Weirich et al
| TESCO Properties, Inc. and Pepper Tree- Memphis, Ltd. |
| Mrs. Amy Weirich, Jennifer Sink and City of Memphis |
| Department of Housing and Urban Development |
| 2:2021cv02743 |
| December 1, 2021 |
| US District Court for the Western District of Tennessee |
| Annie T Christoff |
| John T Fowlkes |
| Civil Rights: Other |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
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Filing 38
RESPONSE in Opposition re #27 MOTION to Dismiss of Defendant Amy Weirich, #28 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Wharton, Alexander)
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Filing 37
First MOTION to Amend/Correct #1 Complaint, by All Plaintiffs. (Attachments: #1 Memorandum Memorandum in Support of Motion to Amend Complaint, #2 Exhibit Exhibit A to Motion to Amend, #3 Exhibit Exhibit A to First Proposed Amended Complaint, #4 Exhibit Exhibit B to First Proposed Amended Complaint, #5 Exhibit Exhibit C to First Proposed Amended Complaint, #6 Exhibit Exhibit D to First Proposed Amended Complaint, #7 Exhibit Exhibit D to First Proposed Amended Complaint, #8 Exhibit Exhibit E to First Proposed Amended Complaint)(Wharton, Alexander)
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Filing 36
NOTICE by Department of Housing and Urban Development Statement of Interest (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Simmons-Jones, Monica)
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Filing 35
REPLY to Response to Motion re #30 Response in Opposition to Motion to Dismiss filed by City of Memphis, Jennifer Sink. (McMullen, Bruce)
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Filing 34
Second MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Memorandum, #2 Exhibit Exhibit A to Memorandum)(Wharton, Alexander)
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Filing 33
ORDER granting #29 Plaintiffs' Motion for Extension of Time to File Responses to Defendants' Motions to Dismiss and Memorandum in Support Thereof signed by Judge John T. Fowlkes, Jr. on 1/13/2022. (Fowlkes, J.)
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Filing 32
SETTING LETTER: Status Conference RESET for Monday, 1/31/2022 09:00 AM before Judge John T. Fowlkes Jr. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference 1 day 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 Ross Herrin at ross_herrin@tnwd.uscourts.gov for any questions. (wrh)
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Filing 31
NOTICE OF CANCELLATION: The Status Conference set Wednesday, 01/19/2022 before Judge, John T. Fowlkes, Jr. via Microsoft Teams is CANCELLED. The Status Conference will be reset via separate notice. (wrh)
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Filing 30
RESPONSE in Opposition re #27 MOTION to Dismiss of Defendant Amy Weirich, #28 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Wharton, Alexander)
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Filing 29
First MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss of Defendant Amy Weirich, #28 MOTION to Dismiss for Lack of Jurisdiction Proposed Order Submitted by All Plaintiffs. (Wharton, Alexander)
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Filing 28
MOTION to Dismiss for Lack of Jurisdiction by City of Memphis, Jennifer Sink. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(McMullen, Bruce)
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Filing 27
MOTION to Dismiss of Defendant Amy Weirich by Amy Weirich. (Attachments: #1 Memorandum Memorandum of Law in Support of Motion to Dismiss of Defendant Amy Weirich)(Brandon, Cody)
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Filing 26
ORDER amending Temporary Injunction/Restraining Order signed by Judge John T. Fowlkes, Jr. on 12/24/2021. (Fowlkes, J.)
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Filing 25
NOTICE by City of Memphis, Jennifer Sink, Amy Weirich Defendants' Joint Notice of Submission of Proposed Order Amending Temporary Injunction/Restraining Order (McMullen, Bruce)
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Filing 24
SETTING LETTER: Status Conference set for Wednesday, 1/19/2022 10:30 AM before Judge John T. Fowlkes Jr. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference 1 day 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 Ross Herrin at ross_herrin@tnwd.uscourts.gov for any questions. (wrh)
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Filing 23
Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Preliminary Status Conference/TRO Hearing held on 12/21/2021. Both Parties present in Court. Parties addressed and provided an update to the Court. AUSA Stuart J. Canale will speak with HUD to determine the Governments position in filing their response; HUD has scheduled an inspection of the apartment complex on January 11-13, 2022. Defense counsel Cody N. Brandon stated that the State looks to file a response in case 2:21-cv-02745 that has been remanded from Shelby County Tennessee Environmental Court. Defense counsel Bruce McMullen stated that the City joins in with Plaintiff in extending Environmental Court Judge Dandridge's ruling presently set to expire next week. Counsel for Plaintiff Alexander C. Wharton will work with Defendants and Parties will submit a Proposed Order to the Court Extending the Order previously entered by Environmental Court Judge Dandridge.Case set Wednesday, 01/19/2022 at 10:30 a.m. for Status Conference and will be addressed by Microsoft Teams. (Plaintiff: Alexander C. Wharton)(Defense: James R. Newsom, III, Cody Nash Brandon, Bruce McMullen, Jennie Vee Silk) (Court Reporter Mark Dodson.) (wrh)
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Filing 22
RESPONSE in Opposition re #11 First MOTION for Preliminary Injunction filed by City of Memphis, Jennifer Sink. (McMullen, Bruce)
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Filing 21
RESPONSE in Opposition re #11 First MOTION for Preliminary Injunction Proposed order submitted filed by Amy Weirich. (Brandon, Cody)
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Filing 20
NOTICE of Appearance by Stuart J. Canale on behalf of Department of Housing and Urban Development (Canale, Stuart)
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Filing 19
NOTICE of Appearance by Monica M. Simmons-Jones on behalf of Department of Housing and Urban Development (Simmons-Jones, Monica)
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Filing 18
SETTING LETTER: Preliminary Injunction/TRO Hearing set for Tuesday, 12/21/2021 10:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr. (wrh)
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Filing 17
NOTICE of Appearance by James R. Newsom, III on behalf of Amy Weirich (Newsom, James)
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Filing 16
NOTICE of Appearance by Cody Nash Brandon on behalf of Amy Weirich (Brandon, Cody)
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Filing 15
NOTICE of Appearance by Jennie Vee Silk on behalf of City of Memphis, Jennifer Sink (Silk, Jennie)
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Filing 14
NOTICE of Appearance by Bruce McMullen on behalf of City of Memphis, Jennifer Sink (McMullen, Bruce)
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Filing 13
SUMMONS Returned Executed by TESCO Properties, Inc. as to Department of Housing and Urban Development. (Wharton, Alexander)
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Filing 12
SUMMONS Returned Executed by TESCO Properties, Inc. as to All Defendants. (Wharton, Alexander)
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Filing 11
First MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Memorandum Memorandum in Support of Motion for Preliminary Injunction, #2 Exhibit A Hap Contract, #3 Exhibit A Hap Contract 2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Affidavit Lisa Gooden Declaration)(Wharton, Alexander)
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Filing 10
Summons Issued as to Department of Housing and Urban Development. 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. (jae)
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Filing 9
NOTICE of Summons by Alexander C. Wharton on behalf of All Plaintiffs. (Wharton, Alexander)
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Filing 8
Summons Issued as to City of Memphis, Department of Housing and Urban Development, Jennifer Sink, Amy Weirich. 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 - City of Memphis, #2 summons - J. Sink, #3 summons - US Attorney J. Murphey, #4 Summons - HUD General Counsel)(jae)
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Filing 7
NOTICE of Summons by Alexander C. Wharton on behalf of Pepper Tree- Memphis, Ltd., TESCO Properties, Inc.. (Attachments: #1 Summons Summons for City of Memphis - City Attorney, #2 Summons Summons for City of Memphis - City Mayor, #3 Summons Summons for HUD - Acting U.S. Attorney, #4 Summons Summons for HUD - Office of Gen. Counsel)(Wharton, Alexander)
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Filing 6
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint, filed by Pepper Tree- Memphis, Ltd., TESCO Properties, Inc. has been filed. For future reference, please note: Civil cover sheet has 'wet' signature of attorney; all signatures must be electronic. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (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 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
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 2
Judge John T. Fowlkes, Jr and Magistrate Judge Annie T. Christoff added. (btg)
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Filing 1
COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against All Defendants (Filing fee $ 402 receipt number ATNWDC-3759333), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Wharton, Alexander)
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