Case: FemHealth USA, Inc. v. Mount Juliet, City of

FemHealth USA, Inc. v. City of Mount Juliet

FemHealth USA, Inc. v. City of Mount Juliet

FemHealth USA, Inc. v. City of Mount Juliet

COMPLAINT against Jennifer Hamblen, James Hambrick, Kenny Martin and City of Mount Juliet, (Filing fee $400, Receipt number 0650-3052739), filed by FemHealth USA, Inc. (Attachments: # 1 Exhibit A - Ordinance 2019-16, # 2 Attachment - Civil Cover Sheet)(dt) (Entered: 12/18/2019)

1 Exhibit A - Ordinance 2019-16

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2 Attachment - Civil Cover Sheet

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NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) (Entered: 12/18/2019)

NOTICE of Business Entity Disclosure Statement filing requirement. (dt) (Entered: 12/18/2019)

MOTION for Preliminary Injunction by FemHealth USA, Inc.. (Castelli, Thomas) (Entered: 12/18/2019)

MEMORANDUM in Support of 4 MOTION for Preliminary Injunction filed by FemHealth USA, Inc. . (Attachments: # 1 Attachment Declaration of Melissa Grant, # 2 Attachment Declaration of Heather M. Schneider, # 3 Exhibit 1: Annotated Zoning Map, # 4 Exhibit 2: Ray Justice Facebook Post, # 5 Exhibit 3: James Maness Blog Post, # 6 Exhibit 4: Public Notice of Special Meeting, # 7 Exhibit 5: March 21 Meeting Minutes, # 8 Exhibit 6: Ordinance 2019-16, # 9 Exhibit 7: Official Zoning Map, # 10 Exhibit 8: Excerpts of Transcript, # 11 Attachment Declaration of Aileen Gariepy, M.D., # 12 Attachment Declaration of Sheila M. Katz, Ph.D., # 13 Attachment Proposed Order Granting Motion for Preliminary Injunction)(Castelli, Thomas) (Entered: 12/18/2019)

Summons issued as to Jennifer Hamblen, James Hambrick, Kenny Martin and City of Mount Juliet. (Service copies will be picked up by counsel.)(dt) (Entered: 12/19/2019)

NOTICE of Initial Case Management Conference set for 2/24/2020 at 1:30 PM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt) Modified on 12/19/2019 (dt). (Main Document 7 replaced on 12/19/2019) (dt). (Entered: 12/19/2019)

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. ยง 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 12/19/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 12/19/2019)

TN State Bar status verified as active for Thomas H. Castelli. NY State Bar status verified as active for Andrew Beck, Elizabeth P. Gray, Heather M. Schneider, Tara L. Thieme, Vanessa Richardson, Devon W. Edwards and Sruti Swaminathan. (dt)

NOTICE TO COUNSEL Andrew Beck, Elizabeth P. Gray, Heather M. Schneider, Tara L. Thieme, Vanessa Richardson, Devon W. Edwards and Sruti Swaminathan: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 1/9/2020. (dt)

SUMMONS returned executed by FemHealth USA, Inc.. Kenny Martin served on 12/20/2019. (Castelli, Thomas) (Entered: 12/23/2019)

SUMMONS returned executed by FemHealth USA, Inc.. James Hambrick served on 12/20/2019. (Castelli, Thomas) (Entered: 12/23/2019)

SUMMONS returned executed by FemHealth USA, Inc.. Jennifer Hamblen served on 12/20/2019. (Castelli, Thomas) (Entered: 12/23/2019)

SUMMONS returned executed by FemHealth USA, Inc.. Mount Juliet, City of served on 12/20/2019. (Castelli, Thomas) (Entered: 12/23/2019)

NOTICE of Appearance by Kristin Ellis Berexa on behalf of Mount Juliet, City of (Berexa, Kristin) (Entered: 01/03/2020)

NOTICE of Appearance by Cassandra M. Crane on behalf of Mount Juliet, City of (Crane, Cassandra) (Entered: 01/03/2020)

TN State Bar status verified as active for Kristin Ellis Berexa. (vh) Modified on 1/7/2020 (vh).

TN State Bar status verified as active for Cassandra M. Crane. (vh) Modified on 1/7/2020 (vh).

BUSINESS ENTITY DISCLOSURE STATEMENT filed by FemHealth USA, Inc.. (Castelli, Thomas) (Entered: 01/08/2020)

MOTION for attorney Andrew Beck to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3062045) by FemHealth USA, Inc.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 01/08/2020)

MOTION for attorney Devon Edwards to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3062059) by FemHealth USA, Inc.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 01/08/2020)

MOTION for attorney Vanessa Richardson to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3062064) by FemHealth USA, Inc.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 01/08/2020)

MOTION for attorney Heather Schneider to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3062074) by FemHealth USA, Inc.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 01/08/2020)

MOTION for attorney Tara Thieme to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3062079) by FemHealth USA, Inc.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 01/08/2020)

NOTICE by FemHealth USA, Inc. Withdrawal of Attorney Sruti Swaminathan (Castelli, Thomas) (Entered: 01/08/2020)

MOTION for attorney Elizabeth Gray to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3062628) by FemHealth USA, Inc.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 01/08/2020)

ORDER granting 22 Motion for Elizabeth Gray to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/9/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 01/09/2020)

ORDER granting 16 Motion for Andrew Beck to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/9/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 01/09/2020)

ORDER granting 17 Motion for Devon Edwards to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/9/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 01/09/2020)

ORDER granting 18 Motion for Vanessa Richardson to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/9/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 01/09/2020)

ORDER granting 19 Motion for Heather Schneider to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/9/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 01/09/2020)

ORDER granting 20 Motion for Tara Thieme to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/9/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 01/09/2020)

NOTICE of Appearance by Kristin Ellis Berexa on behalf of Jennifer Hamblen, James Hambrick, Kenny Martin (Berexa, Kristin) (Entered: 01/10/2020)

NOTICE of Appearance by Mark Ennis McGrady on behalf of Jennifer Hamblen, James Hambrick, Kenny Martin, Mount Juliet, City of (McGrady, Mark) (Entered: 01/10/2020)

NOTICE of Appearance by Cassandra M. Crane on behalf of Jennifer Hamblen, James Hambrick, Kenny Martin (Crane, Cassandra) (Entered: 01/10/2020)

MOTION for Extension of Time to File Answer re 1 Complaint, Unopposed by Jennifer Hamblen, James Hambrick, Kenny Martin, Mount Juliet, City of. (Crane, Cassandra) (Entered: 01/10/2020)

TN State Bar status verified as active for Mark Ennis McGrady (vh) Modified on 1/10/2020 (vh).

ORDER granting 32 Motion for Extension of Time to Answer the 1 Complaint. Jennifer Hamblen answer due 1/31/2020; James Hambrick answer due 1/31/2020; Kenny Martin answer due 1/31/2020; Mount Juliet, City of answer due 1/31/2020. Signed by Magistrate Judge Alistair Newbern on 1/13/2020. (dt) (Entered: 01/13/2020)

Joint MOTION for Leave to File Amended Complaint and Amended Motion for Preliminary Injunction by FemHealth USA, Inc. (Castelli, Thomas) Modified on 2/6/2020 (vh). (Entered: 02/05/2020)

ORDER granting 34 Joint Motion to File Amended Complaint and Motion for Preliminary Injunction. Any hearing on the anticipated motion for a preliminary injunction will be set by Judge Richardson. Signed by Magistrate Judge Alistair Newbern on 2/6/2020. (vh) (Entered: 02/06/2020)

AMENDED COMPLAINT against All Defendants, filed by FemHealth USA, Inc.. (Attachments: # 1 Exhibit Exhibit A - Original Ordinance, # 2 Exhibit Exhibit B - Amended Ordinance)(Castelli, Thomas) (Entered: 02/13/2020)

Amended MOTION for Preliminary Injunction by FemHealth USA, Inc.. (Castelli, Thomas) (Entered: 02/13/2020)

MEMORANDUM in Support of 37 Amended MOTION for Preliminary Injunction filed by FemHealth USA, Inc. . (Attachments: # 1 Attachment Declaration of Melissa Grant, # 2 Attachment Declaration of Heather Schneider, # 3 Exhibit Exhibit 1 - Annotate Zoning Map, # 4 Exhibit Exhibit 2 - Ray Justice Facebook post, # 5 Exhibit Exhibit 3 - James Maness Blog Post, # 6 Exhibit Exhibit 4 - Public Notice of special meeting, # 7 Exhibit Exhibit 5 - March 21 Meeting Minutes, # 8 Exhibit Exhibit 6 - Ordinance 2019-16, # 9 Exhibit Exhibit 7 - Official Zoning Map, # 10 Exhibit Exhibit 8 - Amended Ordinance, # 11 Exhibit Exhibit 9 - 1.13.20 agenda, # 12 Exhibit Exhibit 10 - 1.16.20 agenda, # 13 Exhibit Exhibit 11 - 2.10.20 agenda, # 14 Exhibit Exhibit 12 - Excerpts of PP Testimony, # 15 Attachment Declaration of Aileen Gariepy, # 16 Attachment Declaration of Sheila Katz, # 17 Attachment Proposed Order)(Castelli, Thomas) (Entered: 02/13/2020)

PROPOSED CASE MANAGEMENT ORDER filed by FemHealth USA, Inc.. (Castelli, Thomas) (Entered: 02/19/2020)

ORDER: Plaintiff FemHealth USA, Inc., filed a motion for a preliminary injunction when it initiated this action on January 18, 2019 (Doc. No. 4 ). By the parties' agreement, FemHealth filed an amended complaint (Doc. No. 36 ) and an amended motion for a preliminary injunction (Doc. No. 37 ) on February 13, 2020. The original preliminary injunction motion (Doc. No. 4 ) is FOUND MOOT and shall be ADMINISTRATIVELY TERMINATED. The parties have agreed upon the following briefing schedule for the amended motion: Defendants shall file their response in opposition to the motion for a preliminary injunction by February 27, 2020. FemHealth shall file a reply by March 5, 2020. Signed by Magistrate Judge Alistair Newbern on 2/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 02/24/2020)

Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Initial Case Management Conference held on 2/24/2020. (Hearing lasted :21)(tm)

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 5/1/2020. Discovery due by 7/10/2020. Dispositive Motions due by 11/20/2020. Case Management Conference by Telephone set for 6/16/2020 at 10:00 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 2/26/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 02/27/2020)

ANSWER to 36 FIRST AMENDED COMPLAINT and COUNTERCLAIM by City of Mount Juliet, Kenny Martin, James Hambrick, and Jennifer Hamblin against FemHealth USA, Inc. (Attachments: # 1 Exhibit A - Municipal Code)(McGrady, Mark) Modified on 3/20/2020 (vh). Modified on 4/13/2020 (vh). (Entered: 02/27/2020)

RESPONSE in Opposition re 37 Amended MOTION for Preliminary Injunction filed by Jennifer Hamblen, James Hambrick, Kenny Martin, Mount Juliet, City of. (McGrady, Mark) (Entered: 02/28/2020)

DECLARATION of Richard Frankich filed by Jennifer Hamblen, James Hambrick, Kenny Martin, Mount Juliet, City of re: 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit Exhibit 1 - Incident Reports)(McGrady, Mark) (Entered: 02/28/2020)

DECLARATION of Jennifer Hamblen filed by Jennifer Hamblen, James Hambrick, Kenny Martin, Mount Juliet, City of re: 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit Exhibit 1 - Building Permit Application, # 2 Exhibit Exhibit 2 - Certificate of Occupancy, # 3 Exhibit Exhibit 3 - March 19, 2019 Correspondence, # 4 Exhibit Exhibit 4 - Building Permit Application, # 5 Exhibit Exhibit 5 - Certificate of Occupancy)(McGrady, Mark) (Entered: 02/28/2020)

DECLARATION of Sheila Luckett filed by Jennifer Hamblen, James Hambrick, Kenny Martin, Mount Juliet, City of re: 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit Exhibit 1 - Municipal Code)(McGrady, Mark) (Entered: 02/28/2020)

DECLARATION of Kenny Martin filed by Jennifer Hamblen, James Hambrick, Kenny Martin, Mount Juliet, City of re: 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit Exhibit 1 - Map, # 2 Exhibit Exhibit 2 - Financial Report)(McGrady, Mark) (Entered: 02/28/2020)

DECLARATION of Mark E. McGrady filed by Jennifer Hamblen, James Hambrick, Kenny Martin, Mount Juliet, City of re: 43 Response in Opposition to Motion. (Attachments: # 1 Exhibit Exhibit 1 - Delay Complaint, # 2 Exhibit Exhibit 2 - Adams Depo, # 3 Exhibit Exhibit 3 - Delay Trans 1, # 4 Exhibit Exhibit 4 - Delay Trans 2)(McGrady, Mark) (Entered: 02/28/2020)

ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 5/11/2021 at 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference is set for 5/3/2021 at 08:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 4/26/2021. Witness List due by 4/26/2021. Proposed Pretrial Order due by 4/26/2021. Signed by District Judge Eli J. Richardson on 3/2/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 03/02/2020)

REPLY MEMORANDUM OF LAW in Support of 37 Amended MOTION for Preliminary Injunction filed by FemHealth USA, Inc.. (Attachments: # 1 Attachment Declaration of Heather Schneider, # 2 Exhibit Nashville Zoning Map, # 3 Exhibit Parcel Information, # 4 Exhibit Memphis Zoning Map, # 5 Exhibit Memphis Zoning Code)(Castelli, Thomas) Modified on 3/6/2020 (vh). (Entered: 03/05/2020)

ANSWER to 42 Counterclaim, by FemHealth USA, Inc.(Castelli, Thomas) Modified on 4/14/2020 (vh). (Entered: 03/19/2020)

Report of Parties Regarding Mediation Efforts by FemHealth USA, Inc.(Castelli, Thomas) (Entered: 04/17/2020)

ORDER: On April 17, 2020, the parties filed a Joint ADR Report (Doc. No. 52, "Report"). In the Report, the parties inquire as to the status of Plaintiff's Amended Preliminary Injunction Motion. (Doc. No. 37, "Motion"). The Court anticipates issuing a decision on the Motion next week. Signed by District Judge Eli J. Richardson on 4/21/2020. (vh) (Entered: 04/21/2020)

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 5/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)

ORDER GRANTING AMENDED MOTION FOR A PRELIMINARY INJUNCTION: For the reasons discussed in the accompanying Memorandum Opinion, which is incorporated herein by reference, the Court GRANTS Plaintiff FemHealth USA, Inc. d/b/a carafem's Amended Motion for Preliminary Injunction (Doc. No. 37 ), which seeks a preliminary injunction with respect to two zoning regulations of the City of Mt. Juliet, namely, Ordinance 2019-16 (the "Ordinance") and Ordinance 2020-8 (the "Amendment"). IT IS THEREFORE ORDERED that Defendants, as well as their agents, employees, and successors in office, are HEREBY ENJOINED, pending final judgment, from enforcing or threatening to enforce the Ordinance or the Amendment against Plaintiff. IT IS FURTHER ORDERED, for good cause shown and absent objection from Defendants, that the bond requirement of Fed. R. Civ. P. 65(b) is waived, and that this injunctive relief is effective upon service. Signed by District Judge Eli J. Richardson on 5/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 05/01/2020)

1 - Terminate Deadlines AND Order Referring Case to Magistrate Judge AND ~Util - Set Hearings

Order AND ~Util - Set Hearings

~Util - Set Hearings AND Order

~Util - Set Hearings AND Order

Judgment Based on ADR Settlement

Order Dismissing Case