Case: Nashville Community Bail Fund v. Gentry

U.S. Department of Justice

ACLU

COMPLAINT against Howard Gentry (Filing fee $400, Receipt number 0650-3080731), filed by The Nashville Community Bail Fund. (Attachments: # 1 Attachment - Civil Cover Sheet, # 2 Exhibit A - Davidson County Bail Rules, # 3 Exhibit B - Sample Clerks form signed NCBF, # 4 Exhibit C - Community Bail Fund En Banc Order, # 5 Exhibit D - 2019.08.29 NCBF En Banc Order August 2019, # 6 Exhibit E -. Garcia Local Rule Signature)(am) (Entered: 02/05/2020)

1 Attachment - Civil Cover Sheet

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2 Exhibit A - Davidson County Bail Rules

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3 Exhibit B - Sample Clerks form signed NCBF

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4 Exhibit C - Community Bail Fund En Banc Order

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5 Exhibit D - 2019.08.29 NCBF En Banc Order August 2019

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6 Exhibit E - . Garcia Local Rule Signature

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NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) (Entered: 02/05/2020)

MOTION for Preliminary Injunction by The Nashville Community Bail Fund. (Castelli, Thomas) (Entered: 02/05/2020)

MEMORANDUM in Support of 3 MOTION for Preliminary Injunction filed by The Nashville Community Bail Fund . (Attachments: # 1 Attachment Declaration of Rahim Buford, # 2 Exhibit Exhibit A-Davidson County Bail Rules, # 3 Exhibit Exhibit B-Z. Garcia Local Rule Signature, # 4 Exhibit Exhibit C-Community Bail Fund En Banc Order May 2019, # 5 Exhibit Exhibit D-2019.08.29 NCBF En Banc Order August 2019, # 6 Exhibit Exhibit E-2019.06.05 Petition to Amend May 6 2019 Order, # 7 Exhibit Exhibit F-2019.06.05 Memo in Support of Petition to Amend May 6 2019 Order, # 8 Exhibit Exhibit G-2019.06.05 Exhibits to Petition to Amend May 6 2019 Order, # 9 Exhibit Exhibit H-NCBFs Public Statement on Local Rule 10(B), # 10 Exhibit Exhibit I-2020 Projections Bail Fund, # 11 Attachment Declaration of Andrea Woods, # 12 Exhibit Exhibit A-Courtwatch Mini Report, # 13 Exhibit Exhibit B-Downstream Consequences of Misdemeanor Pretrial Detention, # 14 Exhibit Exhibit C-A Decade of Bail Research in New York City, # 15 Exhibit Exhibit D-A Framework for Pretrial Justice, # 16 Exhibit Exhibit E-Moving Beyond Money A Primer on Bail Reform, # 17 Exhibit Exhibit F-Unsecured Bonds The As Effective and Most Efficient Pretrial Release Option, # 18 Exhibit Exhibit G-The Jefferson County Bail Project Impact Study Findings, # 19 Exhibit Exhibit H-Yakima County Washington Pretrial Justice System Improvements, # 20 Exhibit Exhibit I-The Hidden Costs of Pretrial Detention, # 21 Attachment Proposed Order)(Castelli, Thomas) (Entered: 02/05/2020)

MOTION for attorney Brandon Buskey to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3081485) by The Nashville Community Bail Fund. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 02/05/2020)

1 Attachment Certificate of Good Standing

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MOTION for attorney Andrea Woods to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3081486) by The Nashville Community Bail Fund. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 02/05/2020)

1 Attachment Certificate of Good Standing

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BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Nashville Community Bail Fund. (Castelli, Thomas) (Entered: 02/05/2020)

State Bar status verified as active for (TN) Thomas H. Castelli, (NY) Andrea Woods, (NY) Brandon J. Buskey, (DC) Charles Gerstein, (TN) C. Dawn Deaner. (am) (Entered: 02/06/2020)

NOTICE of Initial Case Management Conference set for 4/6/2020 at 02:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (hb) (Entered: 02/06/2020)

Summons issued as to Howard Gentry. (Service copies to be picked up at the front counter.) (am) (Entered: 02/06/2020)

SUMMONS returned executed by Nashville Community Bail Fund, The. Hon. Howard Gentry served on 2/6/2020 . (Castelli, Thomas) Modified Text on 2/7/2020 (am). (Entered: 02/06/2020)

State Bar status verified as active for (TN) Thomas H. Castelli, (NY) Andrea Woods, (NY) Brandon J. Buskey, (DC) Charles Gerstein, (TN) C. Dawn Deaner. (am)

NOTICE TO FILER re DE# 5 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. § 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk) (Entered: 02/07/2020)

NOTICE TO FILER re DE# 6 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. § 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk) (Entered: 02/07/2020)

DECLARATION of Brandon Buskey filed by Nashville Community Bail Fund, The re: 5 MOTION for attorney Brandon Buskey to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3081485). (Castelli, Thomas) (Entered: 02/07/2020)

DECLARATION of Andrea Woods filed by Nashville Community Bail Fund, The re: 6 MOTION for attorney Andrea Woods to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3081486). (Castelli, Thomas) (Entered: 02/07/2020)

NOTICE TO FILER re DE# 6 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. ยง 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk)

NOTICE TO FILER re DE# 5 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. ยง 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk)

ORDER granting 5 Motion for Brandon Buskey to Appear Pro Hac Vice. Signed by Kirk L. Davies on 2/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 02/10/2020)

ORDER granting 6 Motion for Andrea Woods to Appear Pro Hac Vice. Signed by Kirk L. Davies on 2/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 02/10/2020)

RESPONSE to Motion re 3 MOTION for Preliminary Injunction filed by Howard Gentry. (Bussell, Allison) (Entered: 02/20/2020)

TN State Bar status verified as active for Allison L. Bussell, John W. Ayers. (am) (Entered: 02/21/2020)

TN State Bar status verified as active for Allison L. Bussell, John W. Ayers. (am)

REPLY to Response to re 3 MOTION for Preliminary Injunction filed by Nashville Community Bail Fund, The. (Woods, Andrea) (Entered: 02/24/2020)

MOTION to Dismiss for Failure to State a Claim by Howard Gentry. (Bussell, Allison) (Entered: 02/27/2020)

MEMORANDUM in Support of 17 MOTION to Dismiss for Failure to State a Claim filed by Howard Gentry . (Bussell, Allison) (Entered: 02/27/2020)

RESPONSE in Opposition re 17 MOTION to Dismiss for Failure to State a Claim filed by Nashville Community Bail Fund, The. (Woods, Andrea) (Entered: 03/06/2020)

REPLY in Support of Defendant's re 17 MOTION to Dismiss for Failure to State a Claim filed by Howard Gentry. (Bussell, Allison) Modified Text on 3/11/2020 (am). (Entered: 03/10/2020)

DECLARATION of Dawn Deaner Re: Second Executed Summons filed by Nashville Community Bail Fund, The. (Attachments: # 1 Exhibit Second Executed Summons of Service Gentry)(Woods, Andrea) (Entered: 03/13/2020)

NOTICE TO FILER re DE# [21-1]: The wrong event was used. The correct event should be Summons Returned Executed. Counsel shall re- file the document. (am) (Entered: 03/16/2020)

NOTICE TO FILER re DE# [21-1]: The wrong event was used. The correct event should be Summons Returned Executed. Counsel shall re-file the document. (am)

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 3/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/17/2020)

ORDER: For the reasons explained in the accompanying Memorandum 22, the Motion for Preliminary Injunction filed by the Nashville Community Bail Fund ("NCBF") (Docket No. 3 ) is hereby GRANTED in part and DENIED in part, and the Motion to Dismiss filed by Howard Gentry, in his official capacity as Criminal Court Clerk for the Twentieth Judicial District, (Docket No. 17) is DENIED. Although NCBF is a small charitable organization, the record shows that it is capable of posting some bond and that the defendant may bear costs or damages if wrongly enjoined. NCBF is therefore ORDERED to post security bond in the amount of $1,000.00 in relation to this Order. Signed by District Judge Aleta A. Trauger on 3/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/17/2020)

RECEIPT #34675058303 in the amount of $1,000.00 posted by Nashville Community Bail Fund, The re 23 Order on Motion for Preliminary Injunction. (am) (Entered: 03/19/2020)

MOTION to Withdraw as Attorney by Howard Gentry. (Attachments: # 1 Exhibit 1 - Notice of Intent to Withdraw, # 2 Exhibit 2 - Notice to AG)(Bussell, Allison) (Entered: 03/31/2020)

ORDER: Case Management Conference by Telephone set for 4/6/2020 at 02:30 PM before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 3/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 03/31/2020)

MOTION for attorney Charles Gerstein to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Nashville Community Bail Fund, The. (Castelli, Thomas) (Entered: 03/31/2020)

**DISREGARD ENTERED IN ERROR**NOTICE TO FILER re DE# 27 : The PHV motion must be accompanied by a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate shall be filed within 10 days. (am) Modified on 4/1/2020 (am). (Entered: 04/01/2020)

CERTIFICATE OF GOOD STANDING of Attorney Charles Gerstein from the United States District Court for the United States District & Bankruptcy Courts for the District of Columbia of Washington, DC filed by Nashville Community Bail Fund, The. (am) (Entered: 04/01/2020)

PROPOSED CASE MANAGEMENT ORDER filed by Nashville Community Bail Fund, The. (Castelli, Thomas) (Entered: 04/01/2020)

**DISREGARD ENTERED IN ERROR**NOTICE TO FILER re DE# 27 : The PHV motion must be accompanied by a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate shall be filed within 10 days. (am) Modified on 4/1/2020 (am).

Set/Reset Hearings: Initial Case Management Conference reset for 5/11/2020 at 02:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (am) (Entered: 04/02/2020)

ORDER granting 25 Motion to Withdraw as Attorney. Attorney John W. Ayers and Allison L. Bussell terminated. The Motion to Withdraw (Docket No. 25) is hereby GRANTED. Given that new counsel has not yet entered an appearance on behalf of the defendant, it is further ORDERED that the initial case management conference scheduled for April 6, 2020 is hereby RESET for May 11, 2020 at 2:30 p.m. Signed by District Judge Aleta A. Trauger on 4/2/2020. (am) (Entered: 04/02/2020)

Set/Reset Hearings: Initial Case Management Conference reset for 5/11/2020 at 02:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (am)

RECEIPT #34675058608 in the amount of $100.00 posted by Nashville Community Bail Fund, The re 27 Motion to Appear Pro Hac Vice for Charles Gerstein. (am) (Entered: 04/21/2020)

ORDER granting 27 Motion for Charles Gerstein to Appear Pro Hac Vice. Signed by Kirk L. Davies on 4/22/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 04/22/2020)

NOTICE of Appearance by Angela Lee Bergman on behalf of Nashville Community Bail Fund, The (Bergman, Angela) (Entered: 05/01/2020)

ORDER: Telephone Conference set for 5/11/2020 02:30 PM before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 5/1/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/01/2020)

TN State Bar status verified as active for Angela Lee Bergman. (am) (Entered: 05/04/2020)

TN State Bar status verified as active for Angela Lee Bergman. (am)

MOTION for Entry of Default as to Howard Gentry by Nashville Community Bail Fund, The. (Attachments: # 1 Exhibit A. Declaration of T. Castelli in support of Motion)(Bergman, Angela) (Entered: 05/06/2020)

NOTICE of Appearance by Ryan P. Loofbourrow on behalf of Howard Gentry (Loofbourrow, Ryan) (Entered: 05/07/2020)

NOTICE of Appearance by Kevin C. Klein on behalf of Howard Gentry (Klein, Kevin) (Entered: 05/07/2020)

ORDER denying 35 Motion for Entry of Default against Defendant Gentry. Signed by District Judge Aleta A. Trauger on 5/7/2020. (vh) Modified on 5/7/2020 (vh). (Entered: 05/07/2020)

Joint MOTION for Extension of Time to File Joint Proposed Initial Case Management Order by Howard Gentry. (Loofbourrow, Ryan) (Entered: 05/07/2020)

TN State Bar status verified as active for Ryan P. Loofbourrow, Kevin C. Klein. (am) (Entered: 05/08/2020)

PROPOSED CASE MANAGEMENT ORDER Joint filed by Howard Gentry. (Loofbourrow, Ryan) (Entered: 05/08/2020)

TN State Bar status verified as active for Ryan P. Loofbourrow, Kevin C. Klein. (am)

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference by Telephone held on 5/11/2020. Defense counsel to file revised case management order. Joint mediation report due 8/15/20. (Hearing lasted :20)(kb) (Entered: 05/11/2020)

Consent MOTION for Extension of Time to File Responsive Pleading to May 21, 2020 by Howard Gentry. (Loofbourrow, Ryan) (Entered: 05/11/2020)

ORDER granting 39 Motion for Extension of Time to File Joint Proposed Initial Case Management Order. Signed by District Judge Aleta A. Trauger on 5/11/2020. (am) (Entered: 05/11/2020)

ORDER granting 41 Unopposed Motion to Extend Time to File Responsive Pleading. Signed by District Judge Aleta A. Trauger on 5/11/2020. (ds) (Entered: 05/11/2020)

ORDER SETTING BENCH TRIAL: Bench Trial set for 2/2/2021 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Exhibit List due by 1/26/2021. Witness List due by 1/26/2021. Pretrial Conference set for 1/29/2021 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Joint Proposed Pretrial Order due by 1/26/2021. Signed by District Judge Aleta A. Trauger on 5/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/11/2020)

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference by Telephone held on 5/11/2020. Defense counsel to file revised case management order. Joint mediation report due 8/15/20. (Hearing lasted :20)(kb)

JOINT PROPOSED CASE MANAGEMENT ORDER filed by Howard Gentry. (Loofbourrow, Ryan) Modified Text on 5/13/2020 (am). (Entered: 05/13/2020)

INITIAL CASE MANAGEMENT ORDER: Motions to Amend due by 6/11/2020. Discovery due by 8/21/2020. Dispositive Motions due by 9/18/2020. Signed by District Judge Aleta A. Trauger on 5/13/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/13/2020)

Second MOTION to Dismiss by Howard Gentry. (Loofbourrow, Ryan) (Entered: 05/21/2020)

MEMORANDUM in Support of 47 Second MOTION to Dismiss filed by Howard Gentry . (Loofbourrow, Ryan) (Entered: 05/21/2020)

MOTION for Leave to File Excess Pages for Response to Second Motion to Dismiss by Nashville Community Bail Fund, The. (Bergman, Angela) (Entered: 06/04/2020)

RESPONSE in Opposition re 47 Second MOTION to Dismiss filed by Nashville Community Bail Fund, The. (Bergman, Angela) (Entered: 06/04/2020)

ORDER granting 49 Motion for Leave to File Excess Pages. Motion (DE #49) GRANTED. Signed by District Judge Aleta A. Trauger on 6/5/2020. (am) (Entered: 06/05/2020)

REPLY filed by Howard Gentry re 47 Motion to Dismiss filed by Howard Gentry. (Loofbourrow, Ryan) (Entered: 06/11/2020)

Joint MOTION To Refer Case for Judicial Settlement Conference by Howard Gentry. (Klein, Kevin) (Entered: 07/28/2020)

ORDER REFERRING CASE to Magistrate Judge Barbara D. Holmes. The Joint Motion to Refer Case for a Judicial Settlement Conference (Docket No. 53) is GRANTED. It is hereby ORDERED that this case is REFERRED to Magistrate Judge Holmes, to whom this case is assigned, to either conduct a judicial settlement conference herself or to request another magistrate judge to conduct a settlement conference. The parties should contact Judge Holmes' office in order to determine next steps. Signed by District Judge Aleta A. Trauger on 7/29/2020. (am) (Entered: 07/29/2020)

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 8/3/2020 to discuss setting a settlement conference, ORDER to enter. (Tape #not recorded.) (Hearing lasted :12)(jwc) (Entered: 08/04/2020)

ORDER: A telephonic status conference was held on August 3, 2020 to discuss next steps following Judge Trauger's referral of this case for a judicial settlement conference. See Order at Docket No. 54. Counsel participating were: Andrea Woods, Angela Bergman, Dawn Deaner, and Thomas Castelli for Plaintiff and Kevin Klein and Ryan Loofbourrow for Defendant. From discussion with counsel, the parties are agreeable to a settlement conference/mediation with Magistrate Judge Joe B. Brown (Ret.). After consultation with Judge Brown, this case is REFERRED to Judge Brown for a settlement conference/mediation. Signed by Magistrate Judge Barbara D. Holmes on 8/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 08/03/2020)

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 8/3/2020 to discuss setting a settlement conference, ORDER to enter. (Tape #not recorded.) (Hearing lasted :12)(jwc)

Joint MOTION to Continue All Remaining Deadlines by Two Months and Continue the Trial Date by Howard Gentry. (Loofbourrow, Ryan) (Entered: 08/06/2020)

ORDER granting 56 Joint MOTION to Continue All Remaining Deadlines by Two Months and Continue the Trial Date. Extensions as requested. Signed by District Judge Aleta A. Trauger on 8/6/2020. (vh) (Entered: 08/06/2020)

ORDER RESETTING BENCH TRIAL: Bench Trial is reset for 3/23/2021 at 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Exhibit List due by 3/16/2021. Witness List due by 3/16/2021. Pretrial Conference is reset for 3/19/2021 at 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 3/16/2021. Signed by District Judge Aleta A. Trauger on 8/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 08/06/2020)

Joint Case Resolution Status Report by Howard Gentry. (Loofbourrow, Ryan) (Entered: 08/14/2020)

JOINT MEDIATION REPORT filed by Howard Gentry. (Loofbourrow, Ryan) (Entered: 08/31/2020)

Joint MOTION for Protective Order by Nashville Community Bail Fund, The. (Attachments: # 1 Exhibit 1- Stipulated Protective Order)(Bergman, Angela) (Entered: 09/18/2020)

ORDER granting 61 Motion for Protective Order. Signed by District Judge Aleta A. Trauger on 9/21/2020. (am) (Entered: 09/21/2020)

STIPULATED PROTECTIVE ORDER. Signed by District Judge Aleta A. Trauger on 9/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 09/21/2020)

NOTICE of Appearance by Stella Yarbrough on behalf of Nashville Community Bail Fund, The (Yarbrough, Stella) (Entered: 10/01/2020)

TN State Bar status verified as active for Stella Yarbrough admitted to this court . (am) (Entered: 10/02/2020)

TN State Bar status verified as active for Stella Yarbrough admitted to this court. (am)

MEMORANDUM. Signed by District Judge Aleta A. Trauger on 10/26/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 10/26/2020 (am). (Entered: 10/26/2020)

ORDER: For the reasons explained in the accompanying Memorandum, the Second Motion to Dismiss filed by Howard Gentry, in his official capacity as Criminal Court Clerk for the Twentieth Judicial District, (Docket No. 47) is DENIED. Signed by District Judge Aleta A. Trauger on 10/26/2020. (am) (Entered: 10/26/2020)

NOTICE of Appearance by Briana T. Schuster on behalf of Nashville Community Bail Fund, The (Schuster, Briana) (Entered: 11/05/2020)

Admitted in IL State Bar status verified as active for Briana T. Schuster admitted to this court . (am) (Entered: 11/06/2020)

Admitted in IL State Bar status verified as active for Briana T. Schuster admitted to this court. (am)

MOTION for Summary Judgment by Nashville Community Bail Fund, The. (Bergman, Angela) (Entered: 11/11/2020)

MEMORANDUM in Support of 68 MOTION for Summary Judgment filed by Nashville Community Bail Fund, The . (Bergman, Angela) (Entered: 11/11/2020)

STATEMENT of facts Statement of Undisputed Material Facts filed by Nashville Community Bail Fund, The in support of 68 Motion for Summary Judgment. (Bergman, Angela) (Entered: 11/11/2020)

DECLARATION of Angela L. Bergman filed by Nashville Community Bail Fund, The re: 68 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A - NCBF's Responses to Defendant's First Set of Interrogatories (Nos. 1, 8, 10), # 2 Exhibit B - NCBF000255, # 3 Exhibit C - NCBF000256)(Bergman, Angela) (Entered: 11/11/2020)

ORDER: On July 28, 2020, the parties filed a joint motion to refer this case for a judicial settlement conference. (Docket No. 53 .) By order entered on July 29, 2020, the case was referred to the undersigned for that purpose. (Docket No. 54 .) Following a status conference with the parties, the case was referred for mediation with Magistrate Judge Joe Brown (Ret.). (Docket No. 55 .) However, prior to mediation, and after following up on questions about Defendant's independent authority to settle and limitations if neither the Criminal Court judges nor the State (other than Gentry himself) participates in the mediation (Docket No. 60 at 3), the parties concluded that mediation would not be successful. (Id.) Functionally, this is tantamount to a withdrawal of the parties' motion for ADR. Accordingly, absent further order, there does not appear to be any further action required of the undersigned. Signed by Magistrate Judge Barbara D. Holmes on 11/12/2020. (ln) (Entered: 11/12/2020)

Unopposed MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Summary Judgment by Howard Gentry. (Loofbourrow, Ryan) (Entered: 11/13/2020)

Per Order 72 , Magistrate Judge Barbara D. Holmes no longer assigned to case. (ln) (Entered: 11/16/2020)