Case: Gruber v. Tennessee Tech Board of Trustees

Plaintiffs' Flyer

Tennessee state trial court

Gruber v. Bruce

Justia

COMPLAINT against Lori Bruce, Greg Holt, Claire Stinson, Jennifer Taylor, Tennessee Tech Board of Trustees (Filing fee $402, Receipt number 0650-3461091), filed by Julia Gruber, Andrew Smith. (Attachments: # 1 Attachment - Civil Cover Sheet)(mg) (Entered: 10/05/2021)

1 Attachment - Civil Cover Sheet

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NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (mg) (Entered: 10/05/2021)

NOTICE of Business Entity Disclosure Statement filing requirement. (mg) (Entered: 10/05/2021)

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) (Entered: 10/05/2021)

Summons issued as to Lori Bruce, Greg Holt, Claire Stinson, Jennifer Taylor, Tennessee Tech Board of Trustees. Service copies will be returned to counsel by mail. (mg) (Entered: 10/05/2021)

NOTICE of Initial Case Management Conference by Telephone set for 11/15/2021 at 03:00 PM before Magistrate Judge Alistair Newbern. (mg) (Entered: 10/05/2021)

NOTICE TO FILER re DE# 1 : This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (mg)

TN State Bar status verified as active for Robert Charles Bigelow admitted to this court. (mg)

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). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the Court in accordance with the procedures of Local Rule 16.01(h). Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/6/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 10/06/2021)

SUMMONS returned executed by Julia Gruber, Andrew Smith. Claire Stinson served on 10/8/2021. (Bigelow, Robert) (Entered: 10/18/2021)

SUMMONS returned executed by Julia Gruber, Andrew Smith. Greg Holt served on 10/8/2021. (Bigelow, Robert) (Entered: 10/18/2021)

SUMMONS returned executed by Julia Gruber, Andrew Smith. Jennifer Taylor served on 10/8/2021. (Bigelow, Robert) (Entered: 10/18/2021)

SUMMONS returned executed by Julia Gruber, Andrew Smith. Lori Bruce served on 10/19/2021. (Bigelow, Robert) (Entered: 10/19/2021)

Summons Returned Unexecuted by Julia Gruber, Andrew Smith as to Tennessee Tech Board of Trustees. (Bigelow, Robert) (Entered: 10/21/2021)

NOTICE of Summons to be Issued as to Tennessee Tech Board of Trustees d/b/a Tennessee Tech University c/o Attorney General Herbert Slattery, III. (Bigelow, Robert) (Entered: 10/21/2021)

NOTICE of Summons to be Issued as to Dr. Claire Stinson c/o Attorney General Herbert Slattery, III. (Bigelow, Robert) (Entered: 10/21/2021)

NOTICE of Summons to be Issued as to Dr. Jennifer Taylor c/o Attorney General Herbert Slattery, III. (Bigelow, Robert) (Entered: 10/21/2021)

NOTICE of Summons to be Issued as to Dr. Lori Bruce c/o Attorney General Herbert Slattery, III. (Bigelow, Robert) (Entered: 10/21/2021)

NOTICE of Summons to be Issued as to Greg Holt c/o Attorney General Herbert Slattery, III. (Bigelow, Robert) (Entered: 10/21/2021)

Summons issued as to Lori Bruce, Greg Holt, Claire Stinson, Jennifer Taylor, Tennessee Tech Board of Trustees as to the Attorney General Herbert Slattery, III (State of Tennessee, The). Service copies will be returned to counsel (Robert Bigelow) by mail. (mg) (Entered: 10/22/2021)

Joint MOTION for Extension of Time to File Response/Reply by Lori Bruce, Greg Holt, Claire Stinson, Jennifer Taylor, Tennessee Tech Board of Trustees. (Carter, E.) (Entered: 10/29/2021)

ORDER granting 19 Motion for Extension of Time to File Response. Signed by Magistrate Judge Alistair Newbern on 11/1/2021. (mg) (Entered: 11/01/2021)

NOTICE by Tennessee Tech Board of Trustees of Defendants' Jury Demand (Carter, E.) (Entered: 11/09/2021)

NOTICE by Tennessee Tech Board of Trustees Defendants' Jury Demand (Carter, E.) (Entered: 11/10/2021)

PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Bigelow, Robert) (Entered: 11/10/2021)

NOTICE of Appearance by Rachel A. Newton on behalf of Tennessee Tech Board of Trustees (Newton, Rachel) (Entered: 11/10/2021)

NOTICE of Appearance by John W. Dalton on behalf of Tennessee Tech Board of Trustees (Dalton, John) (Entered: 11/10/2021)

NOTICE of Appearance by Carolyn Underwood Smith on behalf of Tennessee Tech Board of Trustees (Smith, Carolyn) (Entered: 11/10/2021)

NOTICE TO FILER re DE# 21 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)

TN State Bar status verified as active for John W. Dalton, Rachel A. Newton, Carolyn Underwood Smith admitted to this court. (mg) Modified on 11/12/2021 (mg).

Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 11/15/2021. (Hearing lasted 00:09)(sd)

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 1/21/2022; Discovery due by 4/22/2022; and Dispositive Motions due by 8/18/2022. A subsequent case management conference shall be held on April 14, 2022, at 9:30 a.m. Signed by Magistrate Judge Alistair Newbern on 11/16/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 11/18/2021 (mg). (Entered: 11/16/2021)

ORDER SETTING CASE FOR TRIAL: Jury Trial set for 2/21/2023 at 9:00 AM in Cookeville before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 2/10/2023 at 9:00 AM in Cookeville before Chief Judge Waverly D. Crenshaw Jr. Joint Proposed Pretrial Order due by 2/3/2023; Exhibit List due by 2/3/2023; and Witness List due by 2/3/2023. All lawyers who will participate in the trial must attend the pretrial conference. If a settlement is reached before two business days of trial the cost of summoning the jury may be assessed against the parties. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/18/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 11/18/2021)

STIPULATION of Dismissal Without Prejudice of Defendants Dr. Claire Stinson, Greg Holt and Dr. Jennifer Taylor, in their individual and official capacities by Tennessee Tech Board of Trustees. (Carter, E.) (Entered: 11/18/2021)

ORDER: The Plaintiff has filed a Stipulation of Voluntary Dismissal Without Prejudice of Defendants Dr. Claire Stinson, Greg Holt and Dr. Jennifer Taylor in their individual and official capacities (Doc. No. 29 ). Accordingly, this action is DISMISSED WITHOUT PREJUDICE against Dr. Claire Stinson, Greg Holt and Dr. Jennifer Taylor. Claims against the remaining defendants are still pending. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/19/2021. (mg) (Entered: 11/19/2021)

Unopposed MOTION to Amend/Correct Complaint by Julia Gruber, Andrew Smith. (Attachments: # 1 Exhibit Amended Complaint)(Bigelow, Robert) (Entered: 11/23/2021)

ORDER: Plaintiffs' unopposed motion to amend their complaint 31 is GRANTED. The Clerk's Office is DIRECTED to file the attached amended complaint as a separate docket entry. Signed by Magistrate Judge Alistair Newbern on 11/28/2021. (mg) (Entered: 11/29/2021)

FIRST AMENDED COMPLAINT against Lori Bruce, Philip Oldham and Tennessee Tech Board of Trustees filed by Julia Gruber and Andrew Smith.(mg) (Entered: 11/29/2021)

Partial MOTION to Dismiss by Tennessee Tech Board of Trustees. (Carter, E.) (Entered: 12/06/2021)

MEMORANDUM in Support of 34 Partial MOTION to Dismiss filed by Tennessee Tech Board of Trustees . (Attachments: # 1 Exhibit 1 - Flyer)(Carter, E.) (Entered: 12/06/2021)

1 Exhibit 1 - Flyer

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ORDER: On December 6, 2021, Defendants the Tennessee Tech Board of Trustees, Dr. Lori Bruce, and Dr. Philip Oldham filed a motion for partial dismissal under Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 34 .) Any filings made related to the motion for partial dismissal, including motions for extensions of time or to exceed page limits, shall be decided by Chief Judge Crenshaw unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 12/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 12/08/2021)

NOTICE of Summons to be Issued as to Dr. Philip Oldham per the Amended Complaint. (Bigelow, Robert) (Entered: 12/14/2021)

Summons issued as to Dr. Philip Oldham. Service copies will be returned to counsel (Robert Bigelow) by mail. (ln) (Entered: 12/16/2021)

SUMMONS returned executed by Julia Gruber, Andrew Smith. Philip Oldham served on 12/17/2021. (Bigelow, Robert) (Entered: 12/20/2021)

RESPONSE to Motion re 34 Partial MOTION to Dismiss filed by Julia Gruber, Andrew Smith. (Bigelow, Robert) (Entered: 12/20/2021)

REPLY filed by Lori Bruce, Philip Oldham, Tennessee Tech Board of Trustees re 34 Motion to Dismiss filed by Tennessee Tech Board of Trustees. (Carter, E.) (Entered: 12/27/2021)

MEMORANDUM OPINION AND ORDER: Accordingly, Defendants' Motion for Partial Dismissal (Doc. No. 34 ) is GRANTED IN PART and DENIED IN PART as follows: (1) The Motion is GRANTED with respect to Tennessee Board of Trustees d/b/a/ Tennessee Tech University, and that Defendant is hereby DISMISSED; (2) The Motion is GRANTED with respect to the official capacity claim against Dr. Philip Oldham, and that claim is DISMISSED; and (3) The Motion is DENIED with respect to the official capacity claim against Dr. Lori Bruce. Within fourteen (14) days of the date of entry of this Order and Memorandum Opinion, the remaining Defendants shall file an Answer (or Answers) to the Amended Complaint. Tennessee Tech Board of Trustees terminated. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 01/26/2022)

Joint MOTION to Amend/Correct Case Management Order by Lori Bruce, Greg Holt, Philip Oldham, Claire Stinson, Jennifer Taylor, Tennessee Tech Board of Trustees. (Attachments: # 1 Attachment Amended CMO)(Carter, E.) (Entered: 02/04/2022)

PROPOSED CASE MANAGEMENT ORDER filed by All Defendants. (Carter, E.) (Entered: 02/04/2022)

AMENDED CASE MANAGEMENT ORDER: Discovery due by 6/10/2022. Dispositive Motions due by 8/18/2022. Case Management Conference by Telephone is set for 5/20/2022 at 9:30 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 2/7/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 2/14/2022 (kc). (Entered: 02/07/2022)

ORDER: The Court grants the parties' joint motion to modify the initial case management order 43 and ORDERS that the proposed Amended Case Management Order be filed into the record. Signed by Magistrate Judge Alistair Newbern on 2/7/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 2/9/2022 (kc). (Entered: 02/07/2022)

ANSWER to Complaint by Lori Bruce.(Carter, E.) (Entered: 02/08/2022)

Amended ANSWER to 33 Amended Complaint by Lori Bruce.(Dalton, John) (Entered: 05/10/2022)

Joint Case Resolution Status Report by Lori Bruce, Philip Oldham. (Carter, E.) (Entered: 05/13/2022)

ORDER: The Magistrate Judge held a telephonic status conference with counsel for the parties on May 20, 2022. Counsel report that fact discovery is in progress. By agreement of the parties, the deadline to conclude fact discovery is EXTENDED to July 29, 2022. The deadline to file any discovery-related motions is EXTENDED to August 10, 2022. Signed by Magistrate Judge Alistair Newbern on 5/20/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 05/20/2022)

Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 5/20/2022. (Hearing lasted 00:10)(sd)

MOTION for Preliminary Injunction by Julia Gruber, Andrew Smith. (Bigelow, Robert) (Entered: 06/02/2022)

MEMORANDUM in Support of 51 MOTION for Preliminary Injunction filed by Julia Gruber, Andrew Smith . (Attachments: # 1 Exhibit Dr. Bruce Depo, # 2 Exhibit Donadio Depo, # 3 Exhibit Gruber Interview, # 4 Exhibit Flyer, # 5 Exhibit Starling Interview, # 6 Exhibit Donadio Interview, # 7 Exhibit Sciolis Interview, # 8 Exhibit Notice of TTU Complaint, # 9 Exhibit Holt Email to Stewart, # 10 Exhibit First Request for Reconsideration, # 11 Exhibit Second Request for Reconsideration, # 12 Exhibit Kapoor Email, # 13 Exhibit McKee Email, # 14 Exhibit Sloan Email, # 15 Exhibit John Murphy Call, # 16 Exhibit Texts from Arnold to Sciolis, # 17 Exhibit Further texts from Arnold to Sciolis, # 18 Exhibit TTU Policy 007, # 19 Exhibit TTU Policy 141, # 20 Attachment Unpublished case, # 21 Attachment Unpublished case, # 22 Attachment Unpublished case, # 23 Attachment Unpublished case)(Bigelow, Robert) (Entered: 06/02/2022)

ORDER: Pending before the Court is Plaintiff's Motion for Preliminary Injunction (Doc. No. 51 ). This case is referred to the Magistrate Judge to determine whether any discovery is necessary before the preliminary injunction hearing to set a briefing schedule and projected dates for a hearing. The Magistrate Judge shall also explore whether mediation is appropriate before the preliminary injunction hearing. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/6/2022. (mg) (Entered: 06/06/2022)

ORDER: A telephone conference with the Magistrate Judge is set on June 13, 2022 at 11:00 a.m. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate. Before the conference, counsel shall meet and confer regarding any discovery necessary to the preliminary injunction motion, a briefing schedule for the preliminary injunction motion, projected hearing dates, and mediation prospects. Signed by Magistrate Judge Alistair Newbern on 6/7/2022. (ln) (Entered: 06/07/2022)

ORDER: Pursuant to Chief Judge Crenshaw's order (Doc. No. 53 ), the Magistrate Judge held a telephone conference with counsel for the parties regarding Plaintiffs' motion for a preliminary injunction (Doc. No. 51 ). The Court ORDERS as follows: To accommodate that discovery period, the defendants' deadline to respond to the motion for a preliminary injunction is set on August 10, 2022. The plaintiffs shall file any optional reply by August 17, 2022. The parties shall continue their discussions to identify a mediator and shall engage in mediation by September 30, 2022. The parties shall file a joint report of their progress on this front by August 19, 2022. The deadline to file any motions for summary judgment is EXTENDED to September 30, 2022. Signed by Magistrate Judge Alistair Newbern on 6/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 06/13/2022)

Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Telephone Conference held on 6/13/2022. (Hearing lasted 00:28)(sd)

RESPONSE in Opposition re 51 MOTION for Preliminary Injunction filed by Lori Bruce. (Attachments: # 1 Exhibit A- Part 1 - Andrew Smith Full with Exhibits, # 2 Exhibit A- Part 2 - Andrew Smith Full with Exhibits, # 3 Exhibit A- Part 3 - Andrew Smith Full with Exhibits, # 4 Exhibit A- Part 4 - Andrew Smith Full with Exhibits, # 5 Exhibit A- Part 5 - Andrew Smith Full with Exhibits, # 6 Exhibit A- Part 6 - Andrew Smith Full with Exhibits, # 7 Exhibit A- Part 7 - Andrew Smith Full with Exhibits, # 8 Exhibit A- Part 8 - Andrew Smith Full with Exhibits, # 9 Exhibit B-Lori Bruce, Ph.D. Full with Exhibits, # 10 Exhibit C-Policy 315 - Student Organizations, # 11 Exhibit D-Policy 650 Disciplinary Action, # 12 Exhibit E-Dr. Julia Gruber Full with Exhibits, # 13 Exhibit F-Gregory Holt Full with Exhibits, # 14 Exhibit G-Andrew Donadio Full with Exhibits, # 15 Exhibit H-Gittle Sciolis Full, # 16 Exhibit I-Ltr to Gruber from Holt, # 17 Exhibit J-Index of Exhibits)(Carter, E.) (Entered: 08/10/2022)

REPLY to Response to re 51 MOTION for Preliminary Injunction filed by Julia Gruber, Andrew Smith. (Attachments: # 1 Exhibit Appeal of Dr. Bruce Punishment, # 2 Exhibit Appeal Memorandum, # 3 Exhibit Gittle Sciolis Deposition)(Bigelow, Robert) (Entered: 08/17/2022)

ORDER: On June 13, 2022, counsel were directed to file a joint report of the status of their case resolution efforts by August 19, 2022. (Doc. No. 55 .) No status report has been filed. The parties are ORDERED to file the joint status report by August 29, 2022. Signed by Magistrate Judge Alistair Newbern on 8/22/2022. (mg) (Entered: 08/22/2022)

JOINT MEDIATION REPORT filed by Lori Bruce. (Carter, E.) (Entered: 08/22/2022)

MOTION for Summary Judgment by Julia Gruber, Andrew Smith. (Bigelow, Robert) (Entered: 09/28/2022)

MEMORANDUM in Support of 60 MOTION for Summary Judgment filed by Julia Gruber, Andrew Smith . (Attachments: # 1 Exhibit McReynolds v. Wade)(Bigelow, Robert) (Entered: 09/28/2022)

STATEMENT of facts filed by Julia Gruber, Andrew Smith in support of 60 Motion for Summary Judgment, 61 Memorandum in Support. (Attachments: # 1 Exhibit Dr. Gruber Depo, # 2 Exhibit Mr. Smith Depo, # 3 Exhibit Dr. Donadio Depo, # 4 Exhibit Dr. Bruce Depo, # 5 Exhibit Dr. Gruber Interview, # 6 Exhibit Ms. Sciolis Interview, # 7 Exhibit Ms. Sciolis Depo, # 8 Exhibit Flyer & Police Report, # 9 Exhibit Starling Interview, # 10 Exhibit Photos from RUC, # 11 Exhibit Ms. Sciolis Text, # 12 Exhibit Ms Sciolis Text, # 13 Exhibit Holt Depo, # 14 Exhibit Investigation, # 15 Exhibit The Rude Pundit, # 16 Exhibit Donadio Interview, # 17 Exhibit Smith Email, # 18 Exhibit R Contact Us Form, # 19 Exhibit Note from alumni, # 20 Exhibit Memorandum, # 21 Exhibit Smith Letter, # 22 Exhibit Gruber Letter, # 23 Exhibit Policy 600)(Bigelow, Robert) (Entered: 09/28/2022)

ORDER: On September 28, 2022, Plaintiffs Dr. Julia Gruber and Andrew Smith filed a motion for summary judgment under Federal Rule of Civil Procedure 56 (Doc. No. 60 .) Any filings made related to the motion for summary judgment, including motions for extensions of time or to exceed page limits, shall be decided by Chief Judge Crenshaw unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 9/29/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 09/29/2022)

MOTION for Leave to File Excess Pages by Lori Bruce. (Carter, E.) (Entered: 09/29/2022)

MOTION for Summary Judgment in her Individual Capacity by Lori Bruce. (Carter, E.) (Entered: 09/30/2022)

MEMORANDUM in Support of 65 MOTION for Summary Judgment in her Individual Capacity filed by Lori Bruce . (Carter, E.) (Entered: 09/30/2022)

STATEMENT of facts . (Carter, E.) (Entered: 09/30/2022)

NOTICE of Filing by Lori Bruce (Attachments: # 1 Exhibit Exhibit A - Dr. Julia Gruber Full with Exhibits, # 2 Exhibit Exhibit B - Andrew Donadio Full with Exhibit, # 3 Exhibit Exhibit C - Gregory Holt Full with Exhibits, # 4 Exhibit Exhibit D - Part 1 - Andrew Smith Full with Exhibits, # 5 Exhibit Exhibit D - Part 2 - Andrew Smith Full with Exhibits, # 6 Exhibit Exhibit D - Part 3 - Andrew Smith Full with Exhibits, # 7 Exhibit Exhibit D - Part 4 - Andrew Smith Full with Exhibits, # 8 Exhibit Exhibit D - Part 5 - Andrew Smith Full with Exhibits(1465373.1), # 9 Exhibit Exhibit D - Part 6 - Andrew Smith Full with Exhibits, # 10 Exhibit Exhibit D - Part 7 - Andrew Smith Full with Exhibits, # 11 Exhibit Exhibit D - Part 8 - Andrew Smith Full with Exhibits, # 12 Exhibit Exhibit E - 02.08.21 A. Smith email to K. Williams and R. Owens, # 13 Exhibit Exhibit F - Gittle Sciolis Full, # 14 Exhibit Exhibit G - Lori Bruce, Ph.D. Full with Exhibits, # 15 Exhibit Exhibit H - TTU Teacher On The Radio - Posts (4.18.21), # 16 Exhibit Exhibit I - TTU Policy 205 Faculty Tenure, # 17 Exhibit Exhibit J - Stinson Req for Reconsideration decision, April 20, 2021, # 18 Exhibit Exhibit K - Ltr to Gruber from Holt, # 19 Exhibit Exhibit L - Finding of J. Taylor, dated 7-6-21, re appeals of Gruber and Smith, # 20 Exhibit Exhibit M - Policy 315 - Student Organizations, # 21 Exhibit Exhibit N - Policy 650 Disciplinary Action, # 22 Attachment Gruber MSJ Exhibit List PERSONAL CAPACITY)(Carter, E.) (Entered: 09/30/2022)

MOTION for Summary Judgment in her Official Capacity by Lori Bruce. (Carter, E.) (Entered: 09/30/2022)

MEMORANDUM in Support of 69 MOTION for Summary Judgment in her Official Capacity filed by Lori Bruce . (Carter, E.) (Entered: 09/30/2022)

STATEMENT of facts . (Carter, E.) (Entered: 09/30/2022)

NOTICE of Filing by Lori Bruce (Attachments: # 1 Exhibit Exhibit A - Dr. Julia Gruber Full with Exhibits, # 2 Exhibit Exhibit B - Andrew Donadio Full with Exhibit, # 3 Exhibit Exhibit C - Gregory Holt Full with Exhibits, # 4 Exhibit Exhibit D - Part 1 - Andrew Smith Full with Exhibits, # 5 Exhibit Exhibit D - Part 2 - Andrew Smith Full with Exhibits, # 6 Exhibit Exhibit D - Part 3 - Andrew Smith Full with Exhibits, # 7 Exhibit Exhibit D - Part 4 - Andrew Smith Full with Exhibits, # 8 Exhibit Exhibit D - Part 5 - Andrew Smith Full with Exhibits, # 9 Exhibit Exhibit D - Part 6 - Andrew Smith Full with Exhibits, # 10 Exhibit Exhibit D - Part 7 - Andrew Smith Full with Exhibits, # 11 Exhibit Exhibit D - Part 8 - Andrew Smith Full with Exhibits, # 12 Exhibit Exhibit E - 02.08.21 A. Smith email to K. Williams and R. Owens, # 13 Exhibit Exhibit F - Gittle Sciolis Full, # 14 Exhibit Exhibit G - Lori Bruce, Ph.D. Full with Exhibits, # 15 Exhibit Exhibit H - TTU Teacher On The Radio - Posts (4.18.21), # 16 Exhibit Exhibit I - TTU Policy 205 Faculty Tenure, # 17 Exhibit Exhibit J - Stinson Req for Reconsideration decision, April 20, 2021, # 18 Exhibit Exhibit K - Ltr to Gruber from Holt, # 19 Exhibit Exhibit L - Finding of J. Taylor, dated 7-6-21, re appeals of Gruber and Smith, # 20 Exhibit Exhibit M - Policy 315 - Student Organizations, # 21 Exhibit Exhibit N - Policy 650 Disciplinary Action, # 22 Attachment Gruber MSJ Exhibit List OFFICIAL CAPACITY)(Carter, E.) (Entered: 09/30/2022)

REPORT of Mediation from Mediator Michael Russell. The case was mediated on September 22, 2022. The case did not settle. (lh) (Entered: 10/04/2022)

ORDER: On September 30, 2022, Defendant Dr. Lori Bruce filed a motion for summary judgment in her individual capacity and official capacity under Federal Rule of Civil Procedure 56 (Doc. Nos. 65, 69 .) Any filings made related to the motion for summary judgment, including motions for extensions of time or to exceed page limits, shall be decided by Chief Judge Crenshaw unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 10/3/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 10/04/2022)

ORDER: Defendant's Motion to Exceed Page Limitation (Doc. No. 64 ) by five pages on her Memorandum of Law in support of the Motion for Summary Judgment, is GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/17/2022. (mg) Modified on 10/17/2022 (mg). (Entered: 10/17/2022)

NOTICE of Appearance by E. Ashley Carter on behalf of All Defendants (Carter, E.) (Entered: 10/19/2022)

NOTICE of Appearance by Ryan Nicole Henry on behalf of Lori Bruce (Henry, Ryan) (Entered: 10/26/2022)

RESPONSE in Opposition re 60 MOTION for Summary Judgment filed by Lori Bruce. (Henry, Ryan) (Entered: 10/26/2022)

RESPONSE in Opposition re 60 MOTION for Summary Judgment filed by Lori Bruce. (Henry, Ryan) (Entered: 10/26/2022)

RESPONSE to Motion re 69 MOTION for Summary Judgment in her Official Capacity filed by Julia Gruber, Andrew Smith. (Attachments: # 1 Exhibit Student Complaints, # 2 Exhibit Investigation Memo, # 3 Exhibit Murrell Email, # 4 Exhibit Fox News Screenshots, # 5 Exhibit Sciolis Text Press, # 6 Exhibit Policy 007, # 7 Exhibit Grant Application, # 8 Exhibit Holt Letter to Plaintiffs, # 9 Exhibit Policy 141, # 10 Exhibit Request For Reconsideration, # 11 Exhibit Appeal, # 12 Exhibit Appeal Memo, # 13 Exhibit Gruber Depo, # 14 Exhibit Smith Depo, # 15 Exhibit Bruce Depo, # 16 Exhibit Donadio Depo, # 17 Exhibit Bruce Letter, # 18 Exhibit Debate Ad)(Bigelow, Robert) (Entered: 10/28/2022)

RESPONSE to Motion re 65 MOTION for Summary Judgment in her Individual Capacity filed by Julia Gruber, Andrew Smith. (Attachments: # 1 Exhibit Student Complaints, # 2 Exhibit Investigation Memo, # 3 Exhibit Murrell Email, # 4 Exhibit Fox News Screenshots, # 5 Exhibit Sciolis Text Press, # 6 Exhibit Policy 007, # 7 Exhibit Grant Application, # 8 Exhibit Holt Letter to Plaintiffs, # 9 Exhibit Policy 141, # 10 Exhibit Request For Reconsideration, # 11 Exhibit Appeal, # 12 Exhibit Appeal Memo, # 13 Exhibit Gruber Depo, # 14 Exhibit Smith Depo, # 15 Exhibit Bruce Depo, # 16 Exhibit Donadio Depo, # 17 Exhibit Bruce Letter, # 18 Exhibit Debate Ad)(Bigelow, Robert) (Entered: 10/28/2022)

RESPONSE in Opposition re 65 MOTION for Summary Judgment in her Individual Capacity Statement Of Undisputed Material Facts filed by Julia Gruber, Andrew Smith. (Bigelow, Robert) (Entered: 10/28/2022)

RESPONSE in Opposition re 69 MOTION for Summary Judgment in her Official Capacity Statement Of Undisputed Material Facts filed by Julia Gruber, Andrew Smith. (Bigelow, Robert) (Entered: 10/28/2022)

REPLY to Response to re 60 MOTION for Summary Judgment filed by Julia Gruber, Andrew Smith. (Bigelow, Robert) (Entered: 11/07/2022)

MOTION to Ascertain Status of Plaintiffs' Motion For Preliminary Injunction re 51 by Julia Gruber, Andrew Smith. (Bigelow, Robert) (Entered: 11/09/2022)

MOTION to Amend/Correct 85 MOTION to Ascertain Status of Plaintiffs' Motion For Preliminary Injunction re 51 by Julia Gruber, Andrew Smith. (Bigelow, Robert) (Entered: 11/09/2022)

REPLY to Response to re 65 MOTION for Summary Judgment in her Individual Capacity filed by Lori Bruce. (Attachments: # 1 Exhibit Exhibit A to D's Reply to P's Response)(Carter, E.) (Entered: 11/10/2022)

REPLY to Response to re 69 MOTION for Summary Judgment in her Official Capacity filed by Lori Bruce. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Carter, E.) (Entered: 11/10/2022)

ORDER: Plaintiff's Motion for a Preliminary Injunction (Doc. No. 51 ) is set for a status conference on January 9, 2023, at 1:00 pm. in Courtroom 6B, United States Courthouse, 719 Church Street, Nashville, Tennessee. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/21/2022. (ln) (Entered: 11/21/2022)

MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/1/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 12/01/2022)

ORDER/JUDGMENT: For the reasons set forth in the accompanying Memorandum Opinion 90, the Court rules as follows: (1) The Motion for Summary Judgment (Doc. No. 60 ) filed by Dr. Julia Gruber and Andrew Smith are DENIED; (2) The Motions for Summary Judgment (Doc. Nos. 65, 69 ) filed by Dr. Lori Bruce are GRANTED; and (3) Plaintiffs' Motion for Preliminary Injunction (Doc. No. 51 ) is DENIED. The Clerk of the Court shall enter a final judgment in favor of Defendant and against Plaintiffs and close this file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/1/2022. (mg) (Entered: 12/01/2022)

NOTICE OF APPEAL as to 91 Order, Judgment by Julia Gruber, Andrew Smith. Filing fee $ 505, receipt number ATNMDC-3726887. (Bigelow, Robert) Modified on 12/19/2022 (mg). (Entered: 12/16/2022)