Case: Newton v. Town of Shannon

1:13-cv-00187 | U.S. District Court for the Northern District of Mississippi

Filed Date: Oct. 1, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On October 1, 2013, a lesbian business owner filed a lawsuit in the U.S. District Court of the Northern District of Mississippi under 42 U.S.C. § 1983 against the Town of Shannon. The plaintiff, represented by a public interest law center and by a private firm, asked the court for compensatory and punitive damages and issuance of a business license without further impediment or delay. Specifically, the plaintiff claimed that the town violated plaintiff's federal and constitutional rights to e…

On October 1, 2013, a lesbian business owner filed a lawsuit in the U.S. District Court of the Northern District of Mississippi under 42 U.S.C. § 1983 against the Town of Shannon. The plaintiff, represented by a public interest law center and by a private firm, asked the court for compensatory and punitive damages and issuance of a business license without further impediment or delay. Specifically, the plaintiff claimed that the town violated plaintiff's federal and constitutional rights to equal protection and free speech under the First and Fourteenth Amendments to the United States Constitution by denying plaintiff a business license to open a bar because they did not want a business catered to the lesbian, gay, bisexual, and transgender community to open in their town, rather than because of any failure to meet the criteria for opening and operating a business in the town.

Plaintiff has been a successful small business owner in the past, and previously owned a bar in the town, which thrived and attracted patrons from nearby towns and states. It was a safe space for LGBT persons in a town with an unfortunate history of acts of fear and bigotry towards LGBT individuals. Additionally, the town's economy has been struggling, and the mayor has publicly encouraged people to open businesses.

On July 11, 2014, the U.S. District Court (Judge Sharion Aycock) issued an Agreed Order of Dismissal because the parties reached settlement. The court retains jurisdiction to enforce the parties' settlement agreement.

Summary Authors

Julie Singer (9/25/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5411694/parties/newton-v-town-of-shannon-mississippi/


Judge(s)

Aycock, Sharion (Mississippi)

Attorneys(s) for Plaintiff

Canter, Joseph A. (Mississippi)

Dinielli, David Carter (Alabama)

Hollman, Steven P. (District of Columbia)

Owens, Jody E. II (Mississippi)

Stone, Clark S. (California)

Wolfe, Samuel (Alabama)

Attorneys(s) for Defendant

Friedman, Gary E. (Mississippi)

Nobile, Krissy Casey (Mississippi)

Judge(s)

Aycock, Sharion (Mississippi)

Attorneys(s) for Plaintiff

Canter, Joseph A. (Mississippi)

Dinielli, David Carter (Alabama)

Hollman, Steven P. (District of Columbia)

Owens, Jody E. II (Mississippi)

Stone, Clark S. (California)

Wolfe, Samuel (Alabama)

Attorneys(s) for Defendant

Friedman, Gary E. (Mississippi)

Nobile, Krissy Casey (Mississippi)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 1, 2013 Docket
1

Complaint

Oct. 1, 2013 Complaint
100

Agreed Order of Dismissal

July 11, 2014 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5411694/newton-v-town-of-shannon-mississippi/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT, Jury Demand, Filing fee $ 400, receipt number 0537-1035250, filed by O'Hara's, Pat "PJ" Newton. (Attachments: # 1 Exhibit Letter to Town of Shannon, # 2 Civil Cover Sheet) (dlh)

1 Exhibit Letter to Town of Shannon

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2 Civil Cover Sheet

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Oct. 1, 2013 PACER
2

Summons Issued as to All Defendants. (dlh)

Oct. 1, 2013 PACER

NOTICE OF ASSIGNMENT. Case assigned to Judge Virden (dlh)

Oct. 1, 2013 PACER
3

ORDER Including Magistrate Judges in the Civil Case Draw. Signed by Michael P. Mills on 2/1/2012. (dlh)

Oct. 1, 2013 PACER
4

Remark - Letter to Bar (Attachments: # 1 Exhibit) (dlh)

1 Exhibit

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Oct. 1, 2013 PACER
5

NOTICE of Attorney Appearance by Joseph A. Canter on behalf of All Plaintiffs (Canter, Joseph)

Oct. 4, 2013 PACER
6

MOTION for Extension of Time to File Answer re 1 Complaint (Unopposed) by Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice. (Nobile, Krissy)

Oct. 14, 2013 PACER

TEXT ORDER granting 6 Unopposed Motion for Extension of Time to File Answer by Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, and Carl Trice. Answer now due November 25, 2013. No Further Written Order Shall Issue from the Court; Signed by Jane M Virden on 10/15/2013. (lec) (No Document Attached) Modified on 10/16/2013 (jlm).

Oct. 15, 2013 PACER
7

NOTICE of Attorney Appearance by Gary E. Friedman on behalf of All Defendants (Friedman, Gary)

Oct. 16, 2013 PACER

NOTICE OF CORRECTION re 7 Notice of Attorney Appearance (no certificate of service attached, emailed attorney) (dlh)

Oct. 17, 2013 PACER
8

EXHIBIT re 7 Notice of Attorney Appearance (Certificate of Service). (Friedman, Gary)

Oct. 17, 2013 PACER
9

MOTION to Appear Pro Hac Vice ; Attorney David Carter Dinielli,(Paid $100 PHV fee; receipt number 0537-1042441) by Pat "PJ" Newton, O'Hara's. (Owens, Jody)

Oct. 22, 2013 PACER
10

MOTION to Appear Pro Hac Vice ; Attorney Clark S. Stone,(Paid $100 PHV fee; receipt number 0537-1042453) by Pat "PJ" Newton, O'Hara's. (Owens, Jody)

Oct. 22, 2013 PACER
11

MOTION to Appear Pro Hac Vice ; Attorney Samuel Eugene Wolfe,(Paid $100 PHV fee; receipt number 0537-1042460) by Pat "PJ" Newton, O'Hara's. (Owens, Jody)

Oct. 22, 2013 PACER
12

MOTION to Appear Pro Hac Vice ; Attorney Steven P. Hollman,(Paid $100 PHV fee; receipt number 0537-1042484) by Pat "PJ" Newton, O'Hara's. (Owens, Jody)

Oct. 22, 2013 PACER
13

SUMMONS Returned Executed by Joseph A. Canter on behalf of O'Hara's, Pat "PJ" Newton Jerry Grubbs served on 10/17/2013. (Canter, Joseph)

Oct. 23, 2013 PACER
14

SUMMONS Returned Executed by Joseph A. Canter on behalf of O'Hara's, Pat "PJ" Newton Ronnie Hallmark served on 10/3/2013. (Canter, Joseph)

Oct. 23, 2013 PACER
15

SUMMONS Returned Executed by Joseph A. Canter on behalf of O'Hara's, Pat "PJ" Newton Paul Lyles served on 10/3/2013. (Canter, Joseph)

Oct. 23, 2013 PACER
16

SUMMONS Returned Executed by Joseph A. Canter on behalf of O'Hara's, Pat "PJ" Newton Joey McCord served on 10/3/2013. (Canter, Joseph)

Oct. 23, 2013 PACER
17

SUMMONS Returned Executed by Joseph A. Canter on behalf of O'Hara's, Pat "PJ" Newton James Oswalt served on 10/3/2013. (Canter, Joseph)

Oct. 23, 2013 PACER
18

SUMMONS Returned Executed by Joseph A. Canter on behalf of O'Hara's, Pat "PJ" Newton Bryant Thompson served on 10/3/2013. (Canter, Joseph)

Oct. 23, 2013 PACER
19

SUMMONS Returned Executed by Joseph A. Canter on behalf of O'Hara's, Pat "PJ" Newton Town of Shannon, Mississippi served on 10/3/2013. (Canter, Joseph)

Oct. 23, 2013 PACER
20

SUMMONS Returned Executed by Joseph A. Canter on behalf of O'Hara's, Pat "PJ" Newton Carl Trice served on 10/3/2013. (Canter, Joseph)

Oct. 23, 2013 PACER
21

ORDER granting 9, 10, 11, 12 Motions to Appear Pro Hac Vice; Attorneys David Carter Dinielli, Clark S. Stone, Samuel Eugene Wolfe, and Steven P. Hollman are hereby admitted as counsel pro hac vice on behalf of the above named Plaintiffs. Signed by Jane M Virden on 10/24/2013. (lec)

Oct. 24, 2013 PACER
22

ANSWER to 1 Complaint (and Affirmative Defenses) by Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice. (Nobile, Krissy)

Nov. 7, 2013 PACER
23

INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 12/17/2013 02:30 PM before Jane M Virden. Confidential memos and jointly proposed case management order due no later than 12/3/2013. Signed by Jane M Virden on 11/7/2013. (dmd)

Nov. 7, 2013 PACER

Case reassigned to District Judge Sharion Aycock and Jane M Virden. (jlm)

Nov. 27, 2013 PACER
24

NOTICE OF SERVICE of Municipal Defendants' Pre-Discovery Disclosures of Core Information by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; Jody Owens; David Dinielli; Samuel Wolfe; Steven Hollman; Allison Holt; and Clark Stone. (Nobile, Krissy)

Dec. 10, 2013 PACER
25

NOTICE OF SERVICE of Plaintiffs Rule 26(A)(1) Initial Disclosures by Samuel Eugene Wolfe on behalf of Pat "PJ" Newton, O'Hara's to All counsel of record. (Wolfe, Samuel) Modified on 12/11/2013 (jlm).

Dec. 10, 2013 PACER
26

NOTICE OF SERVICE of Municipal Defendants' First Supplemental Pre-Discovery Disclosures of Core Information by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph A. Canter, Jody Edwards Owens, II, David Carter Dinielli, Samuel Eugene Wolfe, Steven P. Hollman, Allison Holt, Clark S. Stone. (Nobile, Krissy)

Dec. 16, 2013 PACER
27

Minute Entry for proceedings held before Jane M Virden: Case Management Conference held on 12/17/2013. (dmd)

Dec. 17, 2013 PACER
28

CASE MANAGEMENT ORDER: Final Pretrial Conference set for 12/18/2014 10:00 AM in Judge Virden's Chambers before Jane M Virden. Discovery due by 6/16/2014. Amendments/Joinder of Parties due by 2/14/2014. Plaintiffs Designation of Experts due by 3/17/2014. Defendants Designation of Experts due by 4/16/2014. Motions due by 7/1/2014. Signed by Jane M Virden on 12/17/2013. (dmd)

Dec. 17, 2013 PACER
29

NOTICE of Change of Attorney Address by Clark S. Stone on behalf of Pat "PJ" Newton, O'Hara's (Stone, Clark)

Dec. 17, 2013 PACER
30

NOTICE OF SERVICE of Municipal Defendants' Second Supplemental Pre-Discovery Disclosures of Core Information by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph A. Canter, Jody Edwards Owens, II, David Carter Dinielli, Samuel Eugene Wolfe, Steven P. Hollman, Allison Holt, Clark S. Stone. (Nobile, Krissy)

Dec. 20, 2013 PACER
31

NOTICE OF SERVICE of Defendants' First Set of Interrogatories and Requests for Production of Documents by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; Jody Owens; David Dinielli; Samuel Wolfe; Steven Hollman; Clark Stone. (Nobile, Krissy)

Dec. 23, 2013 PACER
32

NOTICE OF SERVICE of Requests for Production by Samuel Eugene Wolfe on behalf of Pat "PJ" Newton to all counsel of record. (Wolfe, Samuel)

Dec. 23, 2013 PACER

NOTICE OF CORRECTION re 32 Notice of Service; requested attorney file Certificate of Service (jlm)

Dec. 26, 2013 PACER
33

EXHIBIT re 32 Notice of Service (Certificate of Service). (Owens, Jody)

Dec. 27, 2013 PACER
34

NOTICE OF SERVICE of Defendants' Second Set of Interrogatories and Requests for Production of Documents by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Steven P. Hollman; Clark S. Stone. (Nobile, Krissy)

Jan. 3, 2014 PACER
35

NOTICE of Trial: MVD Jury Trial set for 1/26/2015 09:40 AM in Aberdeen Courtroom 1 before District Judge Sharion Aycock. (gs)

Jan. 6, 2014 PACER
36

NOTICE of Conference: Final Pretrial Conference set for 12/18/2014 10:00 AM in Judge Virden's Chambers before Jane M Virden. Jointly proposed pretrial order due no later than 12/15/2014. (dmd)

Jan. 6, 2014 PACER
37

ORDER Governing Pretrial Conference and Preparation of Final Pretrial Order. Signed by Jane M Virden on 1/6/2014. (dmd)

Jan. 6, 2014 PACER
38

NOTICE OF SERVICE of Interrogatories by Jody Edward Owens, II on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Owens, Jody)

Jan. 6, 2014 PACER
39

NOTICE OF SERVICE of Municipal Defendants' Third Supplemental Pre-Discovery Disclosures of Core Information by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Stephen Hollman; Clark Stone. (Nobile, Krissy)

Jan. 22, 2014 PACER
40

NOTICE OF SERVICE of Defendants' Third Set of Interrogatories and Requests for Production of Documents by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Carter; David Dinielli; Steven P. Hollman; Clark S. Stone. (Nobile, Krissy)

Feb. 4, 2014 PACER
41

MOTION to Appear Pro Hac Vice ; Attorney Allison Holt,(Paid $100 PHV fee; receipt number 0537-1076359) by Pat "PJ" Newton, O'Hara's. (Attachments: # 1 Exhibit A Certificate of Good Standing District of Columbia, # 2 Exhibit B Certificate of Good Standing State of Tennessee) (Owens, Jody)

1 Exhibit A Certificate of Good Standing District of Columbia

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2 Exhibit B Certificate of Good Standing State of Tennessee

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Feb. 10, 2014 PACER
42

NOTICE OF SERVICE of Municipal Defendants' Responses to Plaintiff Pat "PJ" Newton's First Set of Interrogatories by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Steven Hollman; and Clark Stone. (Nobile, Krissy)

Feb. 10, 2014 PACER
43

NOTICE OF SERVICE of Municipal Defendants' Responses to Plaintiff Pat "PJ" Newton's First Requests for Production by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Steven Hollman; and Clark Stone. (Nobile, Krissy)

Feb. 10, 2014 PACER
44

ORDER granting 41 Motion to Appear Pro Hac Vice; Attorney Allison Holt is hereby admitted as counsel pro hac vice on behalf of the plaintiffs. Signed by Jane M Virden on 02/10/2014. (lec)

Feb. 10, 2014 PACER
45

NOTICE OF SERVICE of Plaintiffs' Answers and Objections to Defendants' First Set of Interrogatories by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Canter, Joseph)

Feb. 11, 2014 PACER
46

NOTICE OF SERVICE of Plaintiffs' Answers and Objections to Defendants' Second Set of Interrogatories by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Canter, Joseph)

Feb. 11, 2014 PACER
47

NOTICE OF SERVICE of Plaintiffs' Answers and Objections to Defendants' First Set of Requests for Documents by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Canter, Joseph)

Feb. 11, 2014 PACER
48

NOTICE OF SERVICE of Plaintiffs' Answers and Objections to Defendants' Second Set of Requests for Documents by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendant. (Canter, Joseph)

Feb. 11, 2014 PACER
49

Joint MOTION to Extend CMO Deadlines (Expert Designation Deadlines Only) by Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

Feb. 14, 2014 PACER

TEXT ORDER granting 49 Motion to Extend CMO Deadlines. Plaintiff's Designation of Experts is now due by 4/10/2014. Defendants' Designation of Experts is now due by 5/9/2014. No further written order shall issue from the court. Signed by Jane M Virden on 02/18/2014. (lec) (No document attached)

Feb. 18, 2014 PACER
50

NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Canter, Joseph)

Feb. 24, 2014 PACER
51

NOTICE OF SERVICE of Plaintiffs' Second Set of Requests for Production of Documents to Defendants by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Canter, Joseph)

Feb. 24, 2014 PACER
52

NOTICE OF SERVICE of Plaintiffs' Responses to Defendants' Third Set of Interrogatories by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Canter, Joseph)

March 4, 2014 PACER
53

NOTICE OF SERVICE of Plaintiffs' Responses to Defendants' Third Set of Requests for Documents by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Canter, Joseph)

March 4, 2014 PACER
54

NOTICE OF SERVICE of Plaintiffs' Second Set of Responses to Defendants' First Set of Interrogatories by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to Defendants. (Canter, Joseph)

March 7, 2014 PACER
55

NOTICE OF SERVICE of Defendants' Supplemental Responses to Plaintiff Pat "PJ" Newton's First Set of Interrogatories by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Steven Hollman; Clark Stone. (Nobile, Krissy)

March 10, 2014 PACER
56

MOTION for Leave to File Amended Answer and Affirmative Defense by Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice. (Attachments: # 1 Exhibit A - MDOR Registration Application, # 2 Exhibit B- Defendants' Answer and Affirmative Defenses to Plaintiffs' Complaint) (Nobile, Krissy)

1 Exhibit A - MDOR Registration Application

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2 Exhibit B- Defendants' Answer and Affirmative Defenses to Plaintiffs'

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March 14, 2014 PACER
57

PROOF OF SERVICE OF SUBPOENA to Produce Documents served on Memphis Funeral Home and Cemetery on 03/20/2014 by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice. (Nobile, Krissy)

March 25, 2014 PACER
58

NOTICE OF SERVICE of Municipal Defendants' Responses to Plaintiff's Second Request for Production by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Steven P. Hollman; Clark Stone. (Nobile, Krissy)

March 25, 2014 PACER
59

NOTICE OF SERVICE of Municipal Defendants' Responses to Plaintiff's Second Set of Interrogatories by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Steven P. Hollman; Clark Stone. (Nobile, Krissy)

March 25, 2014 PACER
60

NOTICE OF SERVICE of Municipal Defendants' Responses to Plaintiff Pat "PJ" Newton's First Requests for Production by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; DAvid Dinielli; Steven Hollmon; Clark Stone. (Nobile, Krissy)

March 27, 2014 PACER
61

RESPONSE in Opposition re 56 MOTION for Leave to File Amended Answer and Affirmative Defense filed by Pat "PJ" Newton, O'Hara's. (Attachments: # 1 Exhibit A - Beer Permit and Privilege License) (Canter, Joseph)

1 Exhibit A - Beer Permit and Privilege License

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March 31, 2014 PACER
62

NOTICE OF SERVICE of Municipal Defendants' Fourth Supplemental Pre-Discovery Disclosures of Core Information by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Steven Hollman; Clark Stone. (Nobile, Krissy)

April 4, 2014 PACER
63

RESPONSE in Support re 56 MOTION for Leave to File Amended Answer and Affirmative Defense filed by Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice. (Attachments: # 1 Exhibit A - Plaintiffs' Second Set of Answers and Objections to Defendants' First Set of Interrogatories, # 2 Exhibit B - Email of March 7, 2014 re Criminal history not being confidential, # 3 Exhibit C - March 3, 2014 transmitting proposed Protective Order, # 4 Exhibit D - Email dated March 11, 2014 re attaching Newton's interrogatory responses to Motion to Amend, # 5 Exhibit E - Email dated March 14, 2014 re Plaintiff's counsel not agreeing that interrogatory responses were not confidential, # 6 Exhibit F - Email dated March 10, 2014 from Nobile to Newton Team quoting Plaintffs' responses to Request No. 15, # 7 Exhibit G - Felony Records from State of Arkansas, # 8 Exhibit H - Portions of Records from Circuit Court of Charles County, MD, # 9 Exhibit I - Portions of Records from the Charles County, MD Sheriff's Dept., # 10 Exhibit J - Portions of Record on Case 61748 from the Circuit Court of Montgomery County, MD, # 11 Exhibit K - Portions of Record on Case 68883 from the Circuit Court of Montgomery County, MD, # 12 Exhibit L - Portions of the records from Montgomery County, MD Police, # 13 Exhibit M - Montgomery County, MD Circuit Court Docket for Case 68883C, # 14 Exhibit N - Stockbridge, GA Records, # 15 Exhibit O - Records from MDOC, # 16 Exhibit P - Town of Shannon Regular Board Meeting Minutes of June 4, 2013) (Nobile, Krissy)

1 Exhibit A - Plaintiffs' Second Set of Answers and Objections to Defendants&

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2 Exhibit B - Email of March 7, 2014 re Criminal history not being confidential

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3 Exhibit C - March 3, 2014 transmitting proposed Protective Order

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4 Exhibit D - Email dated March 11, 2014 re attaching Newton's interrogatory

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5 Exhibit E - Email dated March 14, 2014 re Plaintiff's counsel not agreeing

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6 Exhibit F - Email dated March 10, 2014 from Nobile to Newton Team quoting Plaint

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7 Exhibit G - Felony Records from State of Arkansas

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8 Exhibit H - Portions of Records from Circuit Court of Charles County, MD

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9 Exhibit I - Portions of Records from the Charles County, MD Sheriff's Dept.

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10 Exhibit J - Portions of Record on Case 61748 from the Circuit Court of Montgomer

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11 Exhibit K - Portions of Record on Case 68883 from the Circuit Court of Montgomer

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12 Exhibit L - Portions of the records from Montgomery County, MD Police

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13 Exhibit M - Montgomery County, MD Circuit Court Docket for Case 68883C

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14 Exhibit N - Stockbridge, GA Records

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15 Exhibit O - Records from MDOC

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16 Exhibit P - Town of Shannon Regular Board Meeting Minutes of June 4, 2013

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April 4, 2014 PACER
64

MOTION for Hearing re 56 MOTION for Leave to File Amended Answer and Affirmative Defense by Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

April 10, 2014 PACER

NOTICE of Hearing on Motion 56 MOTION for Leave to File Amended Answer and Affirmative Defense : Telephonic Motion Hearing set for 4/11/2014 02:30 PM before Jane M Virden. Movant to arrange and initiate the call to 662-390-4356. No document attached. (dmd)

April 10, 2014 PACER
65

PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in Civil Action served on Monica Camp on 3/7/14 by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

April 10, 2014 PACER
66

PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on Beth Chambers on 3/8/14 by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

April 10, 2014 PACER
67

PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on Jon Milstead on 3/7/14 by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

April 10, 2014 PACER
68

PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on Community Development Foundation on 3/7/14 by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

April 10, 2014 PACER
69

PROOF OF SERVICE OF SUBPOENA to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on Darrell Clock on 3/7/14 by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

April 10, 2014 PACER
70

NOTICE OF SERVICE of Plaintiffs' Designation of Expert Witnesses by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's to 4/10/14. (Canter, Joseph)

April 10, 2014 PACER

TEXT ORDER granting 64 Motion for Hearing. The court, after considering the motion and the underlying motion for which the hearing is requested, finds the motion to be well taken and should be granted. A telephonic motion hearing has been set by previous notice of the court. No further written order shall issue from the court. Signed by Jane M Virden on 04/10/2014. (lec) (no document attached)

April 10, 2014 PACER
71

ORDER granting 56 Motion for Leave to File. Although the amended answer was attached to the motion, it will need to be filed separately with the court by Monday, April 14, 2014, at 5:00pm. Signed by Jane M Virden on 04/11/2014. (lec)

April 11, 2014 PACER
72

AMENDED ANSWER to 1 Complaint (and Affirmative Defenses) by Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice. (Nobile, Krissy)

April 11, 2014 PACER
73

Minute Entry for proceedings held before Jane M Virden: Motion Hearing held on 4/11/2014 re 56 MOTION for Leave to File Amended Answer and Affirmative Defense filed by Town of Shannon, Mississippi, et al. *Audio Recorded during Proceeding. (Court Reporter Digital.) (lec)

April 14, 2014 PACER
74

NOTICE OF SERVICE of Plaintiffs' Supplemental Responses to Defendants' First Set of Interrogatories by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

April 25, 2014 PACER
75

NOTICE OF SERVICE of Plaintiffs' Supplemental Responses to Defendants' First Set of Requests for Documents by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

April 25, 2014 PACER
76

NOTICE to Take Deposition of Shane Davis by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph)

April 25, 2014 PACER
77

NOTICE to Take Deposition of Jerry Grubbs by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph)

April 25, 2014 PACER
78

NOTICE to Take Deposition of Mary Lee Helms by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph)

April 25, 2014 PACER
79

NOTICE to Take Deposition of Kizzy Johnson by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph)

April 25, 2014 PACER
80

NOTICE to Take Deposition of Desiree Kirshner by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph)

April 25, 2014 PACER
81

NOTICE to Take Deposition of Paul Lyles by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph)

April 25, 2014 PACER
82

NOTICE to Take Deposition of Joey McCord by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph)

April 25, 2014 PACER
83

NOTICE to Take Deposition of Bryant Thompson by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph)

April 25, 2014 PACER
84

NOTICE to Take Deposition of Pat Newton by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice (Nobile, Krissy)

May 2, 2014 PACER
85

NOTICE by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice (of Issuance) (Attachments: # 1 Exhibit A - Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to MDOR Alcoholic Beverage Control, Raymond, MS) (Nobile, Krissy)

1 Exhibit A - Subpoena to Produce Documents, Information, or Objects or to Permit

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May 2, 2014 PACER
86

MOTION for Leave to Take Additional Depositions by Pat "PJ" Newton, O'Hara's. (Canter, Joseph)

May 2, 2014 PACER
87

PROOF OF SERVICE OF SUBPOENA served on David Caldwell, Miss. Dept. of Revenue on May 2, 2014 by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi. (Nobile, Krissy)

May 2, 2014 PACER
88

GOOD FAITH CERTIFICATE re 86 MOTION for Leave to Take Additional Depositions . (Canter, Joseph)

May 5, 2014 PACER
89

RESPONSE in Opposition re 86 MOTION for Leave to Take Additional Depositions filed by Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice. (Attachments: # 1 Exhibit A - Plaintiff's Rule 26(A) Initial Disclosures, # 2 Exhibit B - Declaration of Darrell Clock, # 3 Exhibit C - Affidavit of Betty Scott) (Nobile, Krissy)

1 Exhibit A - Plaintiff's Rule 26(A) Initial Disclosures

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2 Exhibit B - Declaration of Darrell Clock

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3 Exhibit C - Affidavit of Betty Scott

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May 5, 2014 PACER
90

NOTICE OF SERVICE of Municipal Defendants' Fifth Supplemental Pre-Discovery Disclosures of Core Information by Krissy Casey Nobile on behalf of Jerry Grubbs, Ronnie Hallmark, Paul Lyles, Joey McCord, James Oswalt, Bryant Thompson, Town of Shannon, Mississippi, Carl Trice to Joseph Canter; David Dinielli; Steven P. Hollman; Clark S. Stone. (Nobile, Krissy)

May 6, 2014 PACER
91

AMENDED NOTICE to Take Deposition of Shane Davis by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph) Modified on 5/7/2014 (dlh).

May 6, 2014 PACER
92

AMENDED NOTICE to Take Deposition of Jerry Grubbs by Joseph A. Canter on behalf of Pat "PJ" Newton, O'Hara's (Canter, Joseph) Modified on 5/7/2014 (dlh).

May 6, 2014 PACER

State / Territory: Mississippi

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Oct. 1, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lesbian business owner

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Town of Shannon (Shannon), City

Ronnie Hallmark, Private Entity/Person

Paul Lyles, Private Entity/Person

Joey McCord, Private Entity/Person

Carl Trice, Private Entity/Person

Jerry Grubbs, Private Entity/Person

Bryant Thompson, Private Entity/Person

James Oswalt, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Gay/lesbian/transgender

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sexual orientatation

Affected Gender:

Female

Male