Case: Maryville Baptist Church v. Beshear

3:20-cv-00278 | U.S. District Court for the Western District of Kentucky

Filed Date: April 17, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an action brought by the Maryville Baptist Church against the enforcement of various COVID-19 related gathering orders issued by the Governor of Kentucky, which kept them from holding in-person and drive-in services. The plaintiffs sought declaratory relief and a permanent injunction that would keep the defendant from enforcing gathering orders. On May 2, the Sixth Circuit granted in part the plaintiff’s motion for preliminary injunction but declined to enjoin the proh…

COVID-19 Summary: This is an action brought by the Maryville Baptist Church against the enforcement of various COVID-19 related gathering orders issued by the Governor of Kentucky, which kept them from holding in-person and drive-in services. The plaintiffs sought declaratory relief and a permanent injunction that would keep the defendant from enforcing gathering orders. On May 2, the Sixth Circuit granted in part the plaintiff’s motion for preliminary injunction but declined to enjoin the prohibition of in-person gatherings. On May 8, the District Court granted the motion for injunction, enjoining the prohibition of in-person services as long as the plaintiffs adhered to social-distancing guidelines. The defendants moved to dismiss. The case is ongoing.


On April 17, 2020, Maryville Baptist Church and its pastor filed an action in the U.S. District Court for the District of Kentucky. Represented by Liberty Counsel, the plaintiffs sued the Governor of Kentucky under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §2000cc, et seq, the Kentucky constitution, and state law. Specifically, the plaintiffs alleged that the enforcement of various COVID-19 related gathering orders issued by the governor -- which were enforced through the dispatch of the Kentucky State police and posted notices of criminal violations and quarantine requirements on all vehicles during the Easter Sunday worship service -- violated their First and Fourteenth Amendment rights, Article IV of the Constitution, RLUIPA, and state law. The plaintiffs sought to enjoin the defendant from enforcing the gathering orders, to allow for drive-in and in-person church services insofar as the social distancing requirements were met, and a termination of the notices filed by the Kentucky State Police. The case was assigned to Judge David J. Hale, then referred to Judge Regina S. Edwards.

Additionally on April 17, the plaintiffs filed an emergency motion for a temporary restraining order (TRO) and a preliminary injunction. Judge Hale denied the TRO the following day, stating that the plaintiffs had not proved they were likely to succeed on the merits, as the gathering orders applied not only to religious conduct and faith-based gathering, but applied broadly to all gatherings and congregative activity. 2020 WL 1909616.

The plaintiffs appealed the decision to the Sixth Circuit on April 24 and filed an emergency motion to enter an injunction of the gathering orders, pending appeal.

On May 2, the Sixth Circuit granted in part the plaintiffs’ motion for a preliminary injunction pending the appeal, enjoining the defendant from enforcing the gathering orders against drive-in services at the Maryville Baptist Church, as long as the plaintiffs adhered to the public health requirements mandated for "life-sustaining" entities. The court declined to grant the plaintiffs' request for an injunction as to in-person services. The court noted that the plaintiffs' claims would be moot after May 20, the date had agreed to permit places of worship to reopen. 957 F.3d 610.

On May 4, the plaintiffs renewed their motion for a preliminary injunction pending appeal, which was granted on May 8. In his order, Judge Hale noted that the defendants were enjoined from enforcing the ban on mass gatherings to in-person services at the church as long as plaintiffs adhered to public health requirements set by state officials. 2020 WL 2393359.

Also on May 8, the defendant filed a motion to dismiss for lack of jurisdiction and for failure to state a claim. They claimed that the Eleventh Amendment barred suits against state officials due to sovereign immunity and that the plaintiffs failed to state a claim under the RLUIPA because the gathering orders regulated conduct, not land use. The defendants amended their motion to dismiss on May 12, noting that other district courts had similarly denied the relief plaintiffs were requesting.

The same day, the Sixth Circuit consolidated a case, Theodore Roberts v. Robert Neace, for the purpose of appeal.

On May 12, the plaintiffs filed an emergency motion for clarification or status conference, stating that the governor's newly issued guidelines for faith-based organizations rendered the previous order unclear. The motion was denied the next day.

On June 17, the plaintiffs filed a response in opposition to the defendant's motion to dismiss.

On June 29, the defendants filed a motion to dissolve the preliminary injunction and injunction pending appeal, arguing that the U.S. Supreme Court had addressed a similar matter in the case South Bay United Pentecostal Church v. Newsom. The defendants claimed that in his concurrence, Justice Roberts had made clear that the mass gatherings order in question passed the constitutional muster and should not be enjoined. The plaintiffs responded on July 20, arguing that the court has no jurisdiction to consider the motion and that a Supreme Court Justice's concurrence in another case is not binding.

In the Sixth Circuit, the Commonwealth of Kentucky filed filed an amicus brief in support of the plaintiffs on July 7. On July 28, the defendants argued that the plaintiffs' claim was moot because places of worship could now hold indoor in-person services

The case is ongoing.

Summary Authors

Averyn Lee (7/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17079593/parties/maryville-baptist-church-inc-v-beshear/


Judge(s)

Edwards, Regina S. (Kentucky)

Hale, David Jason (Kentucky)

McKeague, David William (Michigan)

Nalbandian, John Baylor (Ohio)

Sutton, Jeffrey S. (Ohio)

Walker, Justin Reed None (Kentucky)

Attorneys(s) for Plaintiff

Gannam, Roger K. (Florida)

Mihet, Horatio G. (Florida)

Schmid, Daniel Joseph (Florida)

Staver, Mathew D. (Florida)

Judge(s)

Edwards, Regina S. (Kentucky)

Hale, David Jason (Kentucky)

McKeague, David William (Michigan)

Nalbandian, John Baylor (Ohio)

Sutton, Jeffrey S. (Ohio)

Walker, Justin Reed None (Kentucky)

Attorneys(s) for Plaintiff

Gannam, Roger K. (Florida)

Mihet, Horatio G. (Florida)

Schmid, Daniel Joseph (Florida)

Staver, Mathew D. (Florida)

Attorneys(s) for Defendant

Buckner, La Tasha (Kentucky)

Farris, Marc G (Kentucky)

Mayo, Steven T (Kentucky)

Payne, Taylor Allen (Kentucky)

Tipton, Laura S (Kentucky)

Other Attorney(s)

Cameron, Daniel (Kentucky)

Dunn, Barry L (Kentucky)

Iaccarino, Carmine G (Kentucky)

Kuhn, Matthew Franklin (Kentucky)

Maddox, Victor B (Kentucky)

Meredith, Stephen Chad (Kentucky)

Nolan, Brett Robert (Kentucky)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 3, 2020 Docket
1-8, 1-9, 1-10, 1-11

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages [Exhibits G to J]

April 17, 2020 Complaint
3

Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Supporting Memorandum of Law

April 17, 2020 Pleading / Motion / Brief
1 (& 1-1 to 1-7)

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages [Exhibits A to E]

April 17, 2020 Complaint
1-15, 1-16, 1-17, 1-18

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages [Exhibits N to Q]

April 17, 2020 Complaint
1-12, 1-14

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages [Exhibits K and M]

April 17, 2020 Complaint
1-13

Verified Complaint for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages [Exhibit L]

April 17, 2020 Complaint
9

Order

April 18, 2020 Order/Opinion
17

Plaintiff's Emergency Motion for Injunction Pending Appeal and Supporting Memorandum of Law

April 24, 2020 Pleading / Motion / Brief
23

Order

U. S. Court of Appeals for the Sixth Circuit

May 2, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17079593/maryville-baptist-church-inc-v-beshear/

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

ECF Number Description Date Link
1

VERIFIED COMPLAINT FOR DECLARATORY RELIEF, TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELEIF, AND DAMAGES against Andy Beshear, filed by Jack Roberts, Maryville Baptist Church, Inc.. (Attachments: # 1 Cover Sheet, # 2 Exhibit A - Executive Order, # 3 Exhibit B - 3-16-20 Order, # 4 Exhibit C - 3-17-20 Order, # 5 Exhibit D - 3-19-20 Order, # 6 Exhibit E - 3-22-20 Order, # 7 Exhibit F - 3-25-20 Order, # 8 Exhibit G - CISA Guidance, # 9 Exhibit H - Press Release, # 10 Exhibit I - Declaration of David Carr, # 11 Exhibit J - State Police Notice, # 12 Exhibit K - Letter from 4-14-20, # 13 Exhibit L - State of Florida Executive Order, # 14 Exhibit M - Indiana Executive Order, # 15 Exhibit N - State of Arizona Executive Order, # 16 Exhibit O - Alabama Executive Order, # 17 Exhibit P - State of Arkansas Executive Order, # 18 Exhibit Q - State of Connecticut Executive Order) (DJT) (Entered: 04/17/2020)

1 Cover Sheet

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2 Exhibit A - Executive Order

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3 Exhibit B - 3-16-20 Order

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4 Exhibit C - 3-17-20 Order

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5 Exhibit D - 3-19-20 Order

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6 Exhibit E - 3-22-20 Order

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7 Exhibit F - 3-25-20 Order

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8 Exhibit G - CISA Guidance

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9 Exhibit H - Press Release

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10 Exhibit I - Declaration of David Carr

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11 Exhibit J - State Police Notice

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12 Exhibit K - Letter from 4-14-20

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13 Exhibit L - State of Florida Executive Order

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14 Exhibit M - Indiana Executive Order

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15 Exhibit N - State of Arizona Executive Order

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16 Exhibit O - Alabama Executive Order

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17 Exhibit P - State of Arkansas Executive Order

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18 Exhibit Q - State of Connecticut Executive Order

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April 17, 2020 PACER
2

Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (DJT) (Entered: 04/17/2020)

April 17, 2020 PACER
3

EMERGENCY MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (DJT) (Entered: 04/17/2020)

April 17, 2020 PACER
4

Summons Issued as to Andy Beshear. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). Summons emailed to counsel this date for service. (DJT) (Entered: 04/17/2020)

April 17, 2020 PACER
5

MOTION to Appear Pro Hac Vice as to Mathew D. Staver Filing fee $ 125. by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (DJT) (Entered: 04/17/2020)

1 Exhibit Certificate of Good Standing

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2 Proposed Order

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April 17, 2020 PACER
6

MOTION for Daniel Schmid to Appear Pro Hac Vice Filing fee $ 125. by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (DJT) (Entered: 04/17/2020)

1 Exhibit Certificate of Good Standing

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2 Proposed Order

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April 17, 2020 PACER
7

MOTION for Horatio G. Mihet to Appear Pro Hac Vice Filing fee $ 125. by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (DJT) (Entered: 04/17/2020)

1 Exhibit Certificate of Good Standing

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2 Proposed Order

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April 17, 2020 PACER
8

MOTION for Roger K. Gannam to Appear Pro Hac Vice Filing fee $ 125. by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (DJT) (Entered: 04/17/2020)

1 Exhibit Certificate of Good Standing

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2 Proposed Order

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April 17, 2020 PACER
9

ORDER Signed by Judge David J. Hale on 4/18/2020. Plaintiffs' Motion for Temporary Restraining Order (D.N. 3 ) is DENIED. This matter will be set for a telephonic status conference by subsequent order. During the conference, the Court will set an expedited briefing and hearing schedule on the motion for preliminary injunction. (KD) (Entered: 04/18/2020)

April 18, 2020 RECAP
11

MOTION to Reassign Case by Plaintiffs Maryville Baptist Church, Inc. and Jack Roberts. (KD) (Additional attachment(s) added on 4/23/2020: # 1 Proposed Order) (KD). (Entered: 04/21/2020)

1 Proposed Order

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April 20, 2020 PACER
10

TEXT ORDER Signed by Judge David J. Hale on 4/21/2020 granting 5 Motion for Mathew D. Staver to Appear Pro Hac Vice ; granting 6 Motion for Daniel Schmid to Appear Pro Hac Vice ; granting 7 Motion for Horatio G. Mihet to Appear Pro Hac Vice ; granting 8 Motion for Roger K. Gannam to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 04/21/2020)

April 21, 2020 PACER

Order on Motion to Appear Pro Hac Vice

April 21, 2020 PACER

Filing Fee Received

April 21, 2020 PACER

Filing fee: $ 900.00, receipt number L33063592 CIVIL COMPLAINT FILING FEE AND 4 PHV MOTIONS by Maryville Baptist Church, Inc., Jack Roberts. (JLP)

April 21, 2020 PACER
12

SUMMONS Returned Executed by Jack Roberts, Maryville Baptist Church, Inc.. Andy Beshear served on 4/21/2020, answer due 5/12/2020. (Schmid, Daniel) (Entered: 04/22/2020)

April 22, 2020 PACER
13

Proposed Order GRANTING re 11 MOTION to Reassign Case by Maryville Baptist Church, Inc., Jack Roberts. (Schmid, Daniel) (Entered: 04/22/2020)

April 22, 2020 PACER
14

TEXT ORDER by Judge David J. Hale on 4/23/2020; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Regina S. Edwards, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Edwards is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT) (Entered: 04/23/2020)

April 23, 2020 PACER

Order - TEXT ONLY

April 23, 2020 PACER
15

NOTICE of Appearance by Steven T. Mayo on behalf of Andy Beshear (Mayo, Steven) (Entered: 04/24/2020)

April 24, 2020 PACER
16

NOTICE OF APPEAL (Interlocutory) as to 9 Order on Motion for TRO, by Maryville Baptist Church, Inc., Jack Roberts. Filing fee $ 505, receipt number 0644-3090236. (Gannam, Roger) (Entered: 04/24/2020)

April 24, 2020 RECAP
17

Emergency MOTION for Preliminary Injunction Pending Appeal by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Proposed Order) (Gannam, Roger) (Entered: 04/24/2020)

1 Proposed Order

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April 24, 2020 PACER
18

USCA 6th Circuit Case Number 20-5427 for 16 Notice of Interlocutory Appeal filed by Jack Roberts, Maryville Baptist Church, Inc. (SMJ) (Entered: 04/27/2020)

April 27, 2020 PACER
19

TEXT ORDER by Magistrate Judge Regina S. Edwards on 4/28/2020. On the Court's motion, a Telephonic Conference is scheduled for 4/30/2020 at 1:30 PM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall dial in to 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) (Entered: 04/28/2020)

April 28, 2020 PACER

Order - TEXT ONLY

April 28, 2020 PACER
20

MOTION for Leave to File Amicus Curiae Brief by Amicus Commonwealth of Kentucky (Attachments: # 1 Proposed Order, # 2 Exhibit Tendered Amicus Curiae Brief) (Dunn, Barry) (Entered: 04/29/2020)

1 Proposed Order

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2 Exhibit Tendered Amicus Curiae Brief

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April 29, 2020 PACER
21

NOTICE of Supplemental Fact Development by Andy Beshear (Mayo, Steven) (Entered: 04/30/2020)

April 30, 2020 PACER
23

ORDER of USCA 6th Circuit: PER CURIAM ORDER. The plaintiffs' motion for an injunction pending appeal, and their motion to expedite briefing, oral argument and submission on the briefs, is GRANTED IN PART. The Governor and all other Commonwealth officials are hereby enjoined, during the pendency of this appeal, from enforcing orders prohibiting drive-in services at the Maryville Baptist Church if the Church, its ministers, and its congregants adhere to the public health requirements mandated for "life-sustaining" entities. Jeffrey S. Sutton, David W. McKeague, and John B. Nalbandian, Circuit Judges. (Attachments: # 1 cover letter) (SMJ) (Entered: 05/04/2020)

1 cover letter

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May 2, 2020 PACER
22

Order for proceedings held before Magistrate Judge Regina S. Edwards: Telephone Conference held on 4/30/2020. Re 17 Emergency MOTION for Preliminary Injunction Pending Appeal. Responses due by 5/6/2020. Replies due by 5/8/2020. cc:counsel (KJA) (Entered: 05/03/2020)

May 3, 2020 PACER
24

ORDER by Judge David J. Hale on 5/4/2020 - Telephonic Status Conference set for 5/4/2020 at 3:00 p.m. before Judge David J. Hale. The Court's deputy clerk will contact counsel with call-in information. The parties shall be prepared to revisit the briefing schedule previously set in this matter and to discuss the necessity of creating a record to aid in the appellate process. (KD) (Entered: 05/04/2020)

May 4, 2020 PACER
25

Emergency MOTION for Preliminary Injunction Pending Appeal (Renewed ECF 17) by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit A - 6th Circuit IPA Motion, # 2 Exhibit B - 6th Circuit IPA Motion Response, # 3 Exhibit C - Declaration of Dr. Jack Roberts) (Gannam, Roger) (Entered: 05/04/2020)

1 Exhibit A - 6th Circuit IPA Motion

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2 Exhibit B - 6th Circuit IPA Motion Response

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3 Exhibit C - Declaration of Dr. Jack Roberts

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May 4, 2020 PACER
26

NOTICE from USCA 6th Circuit re 23 USCA Order. PUBLISHED ORDER filed. GRANTED IN PART. Decision for publication. Jeffrey S. Sutton, David W. McKeague, and John B. Nalbandian, Circuit Judges. *This decision was originally filed as an unpublished order on May 2, 2020. The court has now designated the order for publication. The date the decision is deemed to have been filed remains May 2, 2020. (Attachments: # 1 cover letter) (SMJ) (Entered: 05/04/2020)

1 cover letter

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May 4, 2020 PACER
27

MEMORANDUM OF CONFERENCE AND ORDER for proceedings held before Judge David J. Hale: Telephonic Status Conference held on 5/4/2020. Telephonic Status Conference set for 5/5/2020 at 3:00 p.m. before Judge David J. Hale. The Court's deputy clerk will contact counsel with call-in information. (Court Reporter: Dena Legg) (KD) (Entered: 05/04/2020)

May 4, 2020 PACER
28

MEMORANDUM OF CONFERENCE AND ORDER for proceedings held before Judge David J. Hale: Telephonic Status Conference held on 5/5/2020. The parties' stipulation of facts shall be filed no later than 12:00 p.m. Wednesday, 5/6/2020. Defendant's response brief shall be filed no later than 1:00 p.m. Wednesday, 5/6/2020. Plaintiffs' reply brief shall be filed no later than 1:00 p.m. Thursday, 5/7/2020. (Court Reporter: Dena Legg.) cc: counsel (JM) (Entered: 05/05/2020)

May 5, 2020 PACER

Settlement Conference

May 5, 2020 PACER

Proceedings held before Magistrate Judge Regina S. Edwards: Settlement Conference held on 5/5/2020. No order per RSE. (AEH)

May 5, 2020 PACER
29

STIPULATION re 28 Telephone Conference,, Schedules - Motion and R&R Deadlines, (Stipulation of Facts Not in Dispute) by Maryville Baptist Church, Inc., Jack Roberts. (Gannam, Roger) (Entered: 05/06/2020)

May 6, 2020 PACER
30

MOTION for Leave to Exceed Page Limit by Defendant Andy Beshear (Attachments: # 1 Proposed Order Proposed Order) (Payne, Taylor) (Entered: 05/06/2020)

1 Proposed Order Proposed Order

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May 6, 2020 PACER
31

RESPONSE to Motion re 25 Emergency MOTION for Preliminary Injunction Pending Appeal (Renewed ECF 17) filed by Andy Beshear. (Attachments: # 1 Exhibit Exhibit A - Court Order, # 2 Exhibit Exhibit B - Stack Affidavit, # 3 Exhibit Exhibit C - Tourism Order, # 4 Exhibit Exhibit D - Burnett Declaration, # 5 Exhibit Exhibit E - Perry Declaration, # 6 Exhibit Exhibit F - Court Order, # 7 Exhibit Exhibit G - Court Order) (Mayo, Steven) (Entered: 05/06/2020)

1 Exhibit Exhibit A - Court Order

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2 Exhibit Exhibit B - Stack Affidavit

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3 Exhibit Exhibit C - Tourism Order

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4 Exhibit Exhibit D - Burnett Declaration

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5 Exhibit Exhibit E - Perry Declaration

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6 Exhibit Exhibit F - Court Order

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7 Exhibit Exhibit G - Court Order

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May 6, 2020 PACER
32

REPLY to Response to Motion re 25 Emergency MOTION for Preliminary Injunction Pending Appeal (Renewed ECF 17) filed by Maryville Baptist Church, Inc., Jack Roberts. (Gannam, Roger) (Entered: 05/07/2020)

May 7, 2020 PACER
33

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Andy Beshear (Attachments: # 1 Memorandum in Support Memorandum, # 2 Exhibit Exhibit A to Memorandum, # 3 Exhibit Exhibit B to Memorandum, # 4 Proposed Order Proposed Order) (Payne, Taylor) (Entered: 05/08/2020)

1 Memorandum in Support Memorandum

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2 Exhibit Exhibit A to Memorandum

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3 Exhibit Exhibit B to Memorandum

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4 Proposed Order Proposed Order

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May 8, 2020 PACER
34

NOTICE of Filing of Supplemental Fact Development by Andy Beshear (Attachments: # 1 Exhibit Exhibit A - Places of Worship) (Mayo, Steven) (Entered: 05/08/2020)

1 Exhibit Exhibit A - Places of Worship

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May 8, 2020 PACER
35

ORDER Signed by Judge David J. Hale on 5/8/2020 - Plaintiffs' renewed motion for injunction pending appeal (D.N. 25 ) is GRANTED as to in-person services. Given that the same issues are raised in Plaintiffs' initial motion for preliminary injunction, that motion (D.N. 3 ) is likewise GRANTED. Plaintiffs' initial motion for injunction pending appeal (D.N. 17 ) and motion for reassignment (D.N. 11 ) are DENIED as moot. The Governor's motion to exceed the page limit (D.N. 30 ) and the motion of the Commonwealth of Kentucky for leave to file an amicus brief (D.N. 20 ) are GRANTED. If necessary, the Court will set by subsequent order a briefing schedule on the Governor's motion to dismiss and a hearing on Plaintiffs' request for permanent injunction. (KD) (Entered: 05/08/2020)

May 8, 2020 PACER
37

NOTICE from USCA 6th Circuit re pending motions: The court requests the plaintiffs in both cases to indicate by 3:00 PM today, May 8, 2020, whether they wish any pending motions, or motions that may be filed in the future, to be resolved before May 10, 2020. Jeffrey S. Sutton, David W. McKeague, and John B. Nalbandian, Circuit Judges. [20-5427, 20-5465]. (Attachments: # 1 cover letter) (SMJ) (Entered: 05/11/2020)

1 cover letter

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May 8, 2020 PACER
36

NOTICE of Filing of Supplemental Authority by Andy Beshear (Attachments: # 1 Exhibit Exhibit A - 5-9-2020 CHFS Order) (Mayo, Steven) (Entered: 05/10/2020)

1 Exhibit Exhibit A - 5-9-2020 CHFS Order

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May 10, 2020 PACER
38

Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, Amended MOTION to Dismiss for Lack of Jurisdiction by Defendant Andy Beshear (Attachments: # 1 Memorandum in Support Memorandum in Support of First Amended Motion to Dismiss, # 2 Proposed Order Proposed Order - First Amended Motion to Dismiss) (Mayo, Steven) (Entered: 05/12/2020)

1 Memorandum in Support Memorandum in Support of First Amended Motion to Dismiss

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2 Proposed Order Proposed Order - First Amended Motion to Dismiss

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May 12, 2020 PACER
39

Emergency MOTION for Clarification of Injunction (ECF 35), Alternative MOTION for Hearing (Status Conference) by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Roberts v. Neace Injunction Pending Appeal) (Gannam, Roger) (Entered: 05/12/2020)

1 Roberts v. Neace Injunction Pending Appeal

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May 12, 2020 PACER
40

Proposed Order re 39 Emergency MOTION for Clarification of Injunction (ECF 35)Alternative MOTION for Hearing (Status Conference) by Maryville Baptist Church, Inc., Jack Roberts. (Gannam, Roger) (Entered: 05/13/2020)

May 13, 2020 PACER

Settlement Conference

May 13, 2020 PACER
41

ORDER Signed by Judge David J. Hale on 5/13/2020 - Plaintiffs' emergency motion for clarification or status conference (D.N. 39 ) is DENIED. (KD) (Entered: 05/13/2020)

May 13, 2020 PACER
42

Proposed Agreed Order Extending Deadline for Consolidated Response to Defendant's Motion to Dismiss and First Amended Motion to Dismiss by Commonwealth of Kentucky, Maryville Baptist Church, Inc., Jack Roberts. (Mihet, Horatio) (Entered: 05/28/2020)

May 28, 2020 PACER
43

Proposed Agreed Order Extending Deadline for Consolidated Response to Defendant's Motion to Dismiss and First Amended Motion to Dismiss, to and Including June 17, 2020 by Maryville Baptist Church, Inc., Jack Roberts. (Mihet, Horatio) (Entered: 06/10/2020)

June 10, 2020 PACER
44

SECOND AGREED ORDER EXTENDING BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS AND AMENDED MOTION TO DISMISS signed by Magistrate Judge Regina S. Edwards on 6/11/2020; re 43 Proposed Agreed Order. cc: Counsel (ALS) (Entered: 06/11/2020)

June 11, 2020 PACER
45

RESPONSE to Motion re 38 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended MOTION to Dismiss for Lack of Jurisdiction, 33 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maryville Baptist Church, Inc., Jack Roberts. (Mihet, Horatio) (Entered: 06/17/2020)

June 17, 2020 PACER
46

MOTION Dissolve Preliminary Injunction and Injunction Pending Appeal by Defendant Andy Beshear (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Proposed Order Proposed Order) (Payne, Taylor) (Entered: 06/29/2020)

1 Memorandum in Support Memorandum in Support

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2 Proposed Order Proposed Order

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June 29, 2020 PACER
47

Proposed Agreed Order For Extension of Time To File Reply Brief by Andy Beshear. (Payne, Taylor) (Entered: 07/06/2020)

July 6, 2020 PACER
48

AGREED ORDER OF EXTENSION AS TO DEFENDANT'S TIME TO FILE A REPLY IN SUPPORT OF THE AMENDED MOTION TO DISMISS Signed by Magistrate Judge Regina S. Edwards on 7/8/2020, granting 47 - Defendant may file the Reply in support of the Amended Motion to Dismiss on or before July 13, 2020. (KD) (Entered: 07/08/2020)

July 8, 2020 RECAP
49

REPLY to Response to Motion re 38 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended MOTION to Dismiss for Lack of Jurisdiction filed by Andy Beshear. (Payne, Taylor) (Entered: 07/13/2020)

July 13, 2020 PACER
50

RESPONSE to Motion re 46 MOTION Dissolve Preliminary Injunction and Injunction Pending Appeal filed by Maryville Baptist Church, Inc., Jack Roberts. (Schmid, Daniel) (Entered: 07/20/2020)

July 20, 2020 PACER
51

REPLY to Response to Motion re 46 MOTION Dissolve Preliminary Injunction and Injunction Pending Appeal filed by Andy Beshear. (Payne, Taylor) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
52

FILING OF OFFICIAL TRANSCRIPT of Telephonic Scheduling Conference held on 05/04/2020, before Judge David J. Hale. Court Reporter Dena Legg, Telephone number 502-625-3778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/4/2020. (DL) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
53

FILING OF OFFICIAL TRANSCRIPT of Telephonic Scheduling Conference held on 05/05/2020, before Judge David J. Hale. Court Reporter Dena Legg, Telephone number 502-625-3778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/4/2020. (DL) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
54

Notice of Filing Official Transcript re 53 Transcript - Court Official,, 52 Transcript - Court Official,,. Please review the complete Notice for instructions. (DL) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
55

ORDER Signed by Judge David J. Hale on 10/3/2020 - The initial motion to dismiss (D.N. 33 ) is DENIED as moot. This matter is STAYED pending resolution of the appeal currently before the Sixth Circuit. (KD) (Entered: 10/05/2020)

Oct. 5, 2020 RECAP
56

NOTICE from USCA 6th Circuit: ORDER filed GRANTING unopposed motion to enlarge oral argument time by 10 minutes per side. (Attachments: # 1 cover letter) (SMJ) (Entered: 10/13/2020)

1 cover letter

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Oct. 9, 2020 PACER
57

USCA 6th Circuit PER CURIAM OPINION and JUDGMENT filed: The appeal of Maryville Baptist Church and Dr. Jack Roberts (No. 20-5427) is DISMISSED for lack of jurisdiction, and the appeal of Theodore Roberts, Randall Daniel, and Sally O'Boyle (No. 20-5465) is REMANDED for resolution of the mootness question in the first instance. Jeffrey S. Sutton, David W. McKeague, and John B. Nalbandian, Circuit Judges. [20-5427, 20-5465] MANDATE TO ISSUE. (Attachments: # 1 Opinion, # 2 cover letter) (SMJ) (Entered: 10/23/2020)

1 Opinion

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2 cover letter

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Oct. 19, 2020 PACER
58

ORDER Signed by Judge David J. Hale on 1/14/2021 denying without prejudice 38 Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction, and 46 Motion to Dissolve Preliminary Injunction and Injunction Pending Appeal. Within fourteen (14) days of entry of this Order, the parties shall file briefs addressing the issue of mootness. Responses shall be filed within ten (10) days thereafter. Briefs shall not exceed fifteen (15) pages in length. cc: Counsel (DLW) (Entered: 01/14/2021)

Jan. 14, 2021 RECAP
59

NOTICE of Appearance by Mitchel Terence Denham on behalf of Andy Beshear (Denham, Mitchel) (Entered: 01/28/2021)

Jan. 28, 2021 PACER
60

RESPONSE to 58 Order, filed by Andy Beshear. (Attachments: # 1 Exhibit A - Ky. Exec. Order) (Denham, Mitchel) (Entered: 01/28/2021)

1 Exhibit A - Ky. Exec. Order

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Jan. 28, 2021 PACER
61

BRIEF ADDRESSING WHY THIS CASE IS NOT MOOT re 58 Order, by Maryville Baptist Church, Inc., Jack Roberts. (Gannam, Roger) (Entered: 01/28/2021)

Jan. 28, 2021 PACER
62

RESPONSE re 61 Brief Plaintiffs' Brief Addressing Mootness filed by Andy Beshear. (Denham, Mitchel) (Entered: 02/08/2021)

Feb. 8, 2021 PACER
63

RESPONSE re 60 Response filed by Maryville Baptist Church, Inc., Jack Roberts. (Attachments: # 1 Exhibit A - Excerpt from Transcript of Sixth Circuit Oral Argument) (Gannam, Roger) (Entered: 02/08/2021)

1 Exhibit A - Excerpt from Transcript of Sixth Circuit Oral Argument

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Feb. 8, 2021 PACER
64

NOTICE of Supplemental Authorities by Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit A - Tandon v. Newsom, # 2 Exhibit B - South Bay United Pentecostal Church v. Newsom, # 3 Exhibit C - Roman Catholic Archbishop v. Bowser) (Schmid, Daniel) (Entered: 04/27/2021)

April 27, 2021 PACER
65

MOTION Lift Stay re 55 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Schmid, Daniel) (Additional attachment(s) added on 4/29/2021: # 1 Proposed Order) (DLW). (Entered: 04/29/2021)

April 29, 2021 PACER
66

NOTICE of Filing Proposed Order by Maryville Baptist Church, Inc., Jack Roberts re 65 MOTION Lift Stay re 55 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Proposed Order) (Schmid, Daniel) (Entered: 04/29/2021)

April 29, 2021 PACER
67

Response to Motion

May 20, 2021 PACER
68

~Util - Set/Clear Flags AND Order Dismissing Case

Oct. 6, 2021 PACER
69

Expedite AND Extension of Time to File Document

Nov. 2, 2021 PACER
70

Order on Motion to Expedite AND Order on Motion for Extension of Time to File

Nov. 4, 2021 PACER
71

Extension of Time to File Document AND Expedite

Nov. 26, 2021 PACER
72

Order on Motion to Expedite AND Order on Motion for Extension of Time to File

Nov. 30, 2021 PACER
73

Extension of Time to File Document AND Expedite

Dec. 10, 2021 PACER
74

Attorney Fees

1 Declaration of Horatio G. Mihet

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2 Declaration of Jason Nemes

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Dec. 15, 2021 PACER
75

Bill of Costs

Dec. 15, 2021 PACER
76

Notice (Other)

Dec. 15, 2021 PACER
77

Order on Motion to Expedite AND Order on Motion for Extension of Time to File

Dec. 27, 2021 PACER
78

Proposed Agreed Order

Dec. 28, 2021 PACER
79

Order on Proposed Agreed Order

Jan. 6, 2022 PACER
80

Response to Motion

Feb. 14, 2022 PACER
81

Extension of Time to File Response/Reply

Feb. 24, 2022 PACER
82

Order on Motion for Extension of Time to File Response/Reply

March 2, 2022 PACER
83

Extension of Time to File Response/Reply

March 8, 2022 PACER
84

Order on Motion for Extension of Time to File Response/Reply

March 9, 2022 PACER
85

Reply to Response to Motion

March 29, 2022 PACER

State / Territory: Kentucky

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 17, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

This is an action brought by Maryville Baptist Church and its pastor seeking relief against the enforcement of COVID-19 gathering orders in Kentucky

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Kentucky, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Impact

Disparate Treatment

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit