Case: Lostutter v. Commonwealth of Kentucky

Harbin v. Bevin

Lostutter v. Bevin

Lostutter v. Bevin

Lostutter v. Bevin

COMPLAINT, filed by Deric Lostutter, pro se. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 mailing envelope, front and back, postmark unknown)(KJA) (Entered: 10/29/2018)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

3 mailing envelope, front and back, postmark unknown

View on PACER

Conflict Check

MOTION for Immediate Temporary and Permanent Injunctive Relief by Deric Lostutter, pro se. ***Mailing envelope attached at D.E. #1. Motions referred to P SO. (KJA) Modified motion text on 10/29/2018 (KJA). (Entered: 10/29/2018)

File Submitted

MOTION for Leave to Proceed in forma pauperis by Deric Lostutter, pro se. ***Mailing envelope attached at D.E. #1. Motions referred to P SO. (KJA) (Entered: 10/29/2018)

Motion Submitted

Conflict Check run. (KJA)

***FILE SUBMITTED TO CHAMBERS of PSO for review: 1 Complaint (KJA)

***MOTION SUBMITTED TO CHAMBERS of PSO for review: re 2 MOTION for Immediate Temporary and Permanent Injunctive Relief by Deric Lostutter, pro se., 3 MOTION for Leave to Proceed in forma pauperis by Deric Lostutter, pro se. (KJA)

STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. Signed by Judge Karen K. Caldwell on 05/06/2016.(KJA)cc: COR (Entered: 10/30/2018)

IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: # 1 Sample Caption Page)(KJA) (Entered: 10/30/2018)

ORDER: 1. Lostutter's motion for leave to proceed in forma pauperis [R. 3 ] is GRANTED and payment of the filing and administrative fees in this case is WAIVED. 2. Lostutter's "motion for immediate temporary and permanent injunctive relief" [R. 2 ] is DENIED to the extent that he is seeking a temporary restraining order from this Court. 3. A Deputy Clerk in the London Clerk's Office shall prepare a "Service Packet" for the defendant. 4. The London Deputy Clerk shall deliver the Service Packet to the USMS in Lexington, KY, and note the date of delivery in the docket. 5. The USMS shall serve the Commonwealth of Kentucky by sending the Service Packet by certified or registered mail. 6. Lostutter must immediately advise the Clerk's Office of any change in his current mailing address. If Lostutter fails to do so, the Court may dismiss his case. 7. If Lostutter wishes to seek relief from the Court, he must do so by filing a formal motion sent to Clerk's Office. Every motion must include a written certification. The Court will disregard letters sent to the Judge's chambers or motions lacking a certificate of service. Signed by Judge Karen K. Caldwell on 10/31/2018.(KJA)cc: COR, pro se filer via US Mail (Entered: 11/01/2018)

Summons Issued as to Commonwealth of Kentucky,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (KJA) (Additional attachment(s) added on 11/2/2018: # 1 USM Receipt stamped 11/1/18) (KJA). (Entered: 11/01/2018)

AMENDED COMPLAINT against Commonwealth of Kentucky, Matt Bevin, Andy Beshear, and Angela Tolley, filed by Deric Lostutter, pro se. (Attachments: # 1 Proposed Summonses, # 2 mailing envelope, front and back, postmark unknown)(KJA) Modified text on 11/2/2018 (KJA). (Entered: 11/02/2018)

MOTION for Immediate Temporary and Permanent Injunctive Relief by Deric Lostutter, pro se. ***Mailing envelope attached at D.E. #10. Motions referred to P SO. (KJA) Modified motion text on 11/2/2018 (KJA). (Entered: 11/02/2018)

File Submitted

***FILE SUBMITTED TO CHAMBERS of PSO for review: 10 Amended Complaint, (KJA)

***FILE SUBMITTED TO CHAMBERS of PSO for review: 11 MOTION for Immediate Temporary Injunction by Deric Lostutter and MOTION for Permanent Injunction by Deric Lostutter (KJA)

SECOND AMENDED COMPLAINT against Andy Beshear, Matt Bevin, Commonwealth of Kentucky, Angela Tolley, filed by Deric Lostutter, pro se. (Attachments: # 1 mailing envelope, front and back, postmarked 11/5/2018)(KJA) (Entered: 11/06/2018)

1 mailing envelope, front and back, postmarked 11/5/2018

View on PACER

File Submitted

***FILE SUBMITTED TO CHAMBERS of PSO for review: 12 SECOND AMENDED COMPLAINT (KJA)

ORDER: 1. Lostutter's "motion for immediate temporary and permanent injunctive relief" [R. 11 ] is DENIED to the extent that he is seeking a TRO from this Court. 2. A Deputy Clerk in the London Clerk's Office shall prepare a "Service Packet for the Commonwealth of Kentucky. 3. The Clerk shall deliver the Service Packet to the USMS in Lexington, KY, and note the date of delivery in the docket. 4. The USMS shall serve the Commonwealth of Kentucky by sending the Service Packet by certified or registered mail. 5. Lostutter must immediately advise the Clerk's Office of any change in his current mailing address. If Lostutter fails to do so, the Court may dismiss his case. Signed by Judge Karen K. Caldwell on 11/7/2018.(KJA)cc: COR, pro se filer via US Mail (Entered: 11/07/2018)

Summons Issued as to Commonwealth of Kentucky,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (KJA) (Additional attachment(s) added on 11/7/2018: # 1 USM Receipt stamped 11/7/18) (KJA). (Entered: 11/07/2018)

SUMMONS Returned Executed by Deric Lostutter via Certified Mail by USMS to Commonwealth of Kentucky served on 11/8/2018. (KJA) (Entered: 11/13/2018)

PROCESS RETURN AND RETURN of Service filed by Deric Lostutter: US MARSHAL to Commonwealth of Kentucky. (SYD) (Entered: 11/26/2018)

MOTION to Dismiss by Commonwealth of Kentucky (Attachments: # 1 Memorandum in Support Memo in Support, # 2 Proposed Order Proposed Order, # 3 Exhibit Ex. 1 Judgment of Criminal Conviction, # 4 Exhibit Ex. 2 Petition for Warrant, # 5 Exhibit Ex. 3 Oct 12, 2018 Order imposing conditions, # 6 Exhibit Ex. 4 Order regarding fine payments, # 7 Exhibit Ex. 5 Declaration of Selina Brown, # 8 Exhibit Ex. 6 Declaration of Jonathan Hall)(Wehking, Kristin) Modified on 12/11/2018 to remove referral language. (RBB). (Entered: 11/29/2018)

1 Memorandum in Support Memo in Support

View on RECAP

2 Proposed Order Proposed Order

View on PACER

3 Exhibit Ex. 1 Judgment of Criminal Conviction

View on PACER

4 Exhibit Ex. 2 Petition for Warrant

View on RECAP

5 Exhibit Ex. 3 Oct 12, 2018 Order imposing conditions

View on PACER

6 Exhibit Ex. 4 Order regarding fine payments

View on PACER

7 Exhibit Ex. 5 Declaration of Selina Brown

View on RECAP

8 Exhibit Ex. 6 Declaration of Jonathan Hall

View on PACER

ORDER: 1. By no later than Friday, January 4, 2019, the plaintiff MUST file a response to the defendant's motion to dismiss. 2. The defendant MAY then file any reply within 14 days after the plaintiff files his response. 3. After the foregoing time periods have passed, the motion to dismiss will stand submitted for a decision by this Court. Signed by Judge Karen K. Caldwell on 12/03/2018.(KJA)cc: COR, mailed copy of Order to pro se filer via US Mail (Entered: 12/03/2018)

NOTICE OF APPEARANCE by Deric Lostutter. (Carter, Benjamin) (Entered: 12/07/2018)

MOTION for Jon Sherman to Appear Pro Hac Vice by Deric Lostutter ( Filing fee $125; receipt number 0643-4236489)Motions referred to P SO. (Attachments: # 1 Affidavit Jon Sherman's Affidavit, # 2 Proposed Order)(Carter, Benjamin) (Entered: 12/10/2018)

BAR STATUS Check completed re 21 MOTION for Jon Sherman to Appear Pro Hac Vice by Deric Lostutter ( Filing fee $125; receipt number 0643-4236489). (KJA)

ORDER: 1. The motion at R. 21 is GRANTED, and Jon Sherman is granted leave to appear pro hac vice in this action on behalf of plaintiff Deric Lostutter. 2. If, during the pendency of this action, Jon Sherman is disbarred, suspended from practice, is not in good standing with the Bar to which he is a member, or is subject to any other disciplinary action by any court, state, territory, or the District of Columbia, he must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Karen K. Caldwell on 12/11/2018.(KJA)cc: COR - w/ copy of Mandatory ECF General Order & ECF Registration Form to Jon Sherman (Entered: 12/11/2018)

Case no longer referred to P SO. (RBB)

MOTION for Michelle Canter Cohen to Appear Pro Hac Vice by Deric Lostutter ( Filing fee $125; receipt number 0643-4239392) (Attachments: # 1 Affidavit Affidavit of Michelle Kanter Cohen, # 2 Proposed Order)(Carter, Benjamin) (Entered: 12/13/2018)

ORDER: This matter is before the Court on the "motion for pro hac vice admission of Michelle E. Kanter Cohen." [R. 23 ]. ORDERED: 1. The motion at R. 23 is GRANTED, and Michelle E. Kanter Cohen is granted leave to appear pro hac vice in this action on behalf of plaintiff Deric Lostutter. 2. If, during the pendency of this action, Michelle E. Kanter Cohen is disbarred, suspended from practice, is not in good standing with the Bar to which she is a member, or is subject to any other disciplinary action by any court, state, territory, or the District of Columbia, she must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Motions terminated: 23 MOTION for Michelle Canter Cohen to Appear Pro Hac Vice by Deric Lostutter ( Filing fee $125; receipt number 0643-4239392) filed by Deric Lostutter. Attorney Michelle E. Kanter Cohen for Deric Lostutter added. Signed by Judge Karen K. Caldwell on 12/14/2018.(RBB)cc: COR; paper copy to Michelle E. Kanter Cohen, with General Order re: Mandatory ECF, with an ECF registration form. (Entered: 12/14/2018)

BAR STATUS Check completed as to Michelle E. Kanter Cohen re 23 MOTION for Michelle Canter Cohen to Appear Pro Hac Vice by Deric Lostutter (Filing fee $125; receipt number 0643-4239392). (RBB)

MOTION for Leave to File by Deric Lostutter Third Amended Complaint (Attachments: # 1 Exhibit Exhibit A - Plaintiff's Proposed Third Amended Complaint, # 2 Exhibit Exhibit B - Proposed Order)(Sherman, Jonathan) (Entered: 12/28/2018)

NOTICE of Appearance by Matthew F. Kuhn on behalf of Matt Bevin, Commonwealth of Kentucky (Kuhn, Matthew) (Entered: 01/04/2019)

JOINT MOTION for Extension of Time by Andy Beshear, Matt Bevin, Deric Lostutter, Angela Tolley (Attachments: # 1 Exhibit Exhibit A - Proposed Order)(Sherman, Jonathan) (Entered: 01/04/2019)

AMENDED COMPLAINT THIRD AMENDED COMPLAINT against Matt Bevin, filed by Deric Lostutter, Stephon Done Harbin, Roger Wayne Fox, II, Bryan LaMar Comer.(Sherman, Jonathan) (Entered: 01/04/2019)

***JOINT MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re 27 JOINT MOTION for Extension of Time by Andy Beshear, Matt Bevin, Deric Lostutter, Angela Tolley (KJA)

ORDER: Plaintiffs pending motion 25 for leave to file the proposed Third Amended Complaint is hereby DENIED as moot. Plaintiffs SHALL file any Fourth Amended Complaint on or before February 4, 2019 if Defendants give their consent, or, in the alternative, SHALL seek leave of this Court to file a Fourth Amended Complaint on or before February 4, 2019. The Commonwealth of Kentucky's pending motion 18 to dismiss is hereby DENIED as moot without prejudice. The parties have moved for an extension of Defendant's time to respond to any operative complaint, 27 . The Court hereby GRANTS this Motion. Good cause having been shown, pursuant to Fed. R. Civ. P. 6(b), any Defendant in this action SHALL file a response to any amended complaint within forty-five (45) days of when that amended complaint becomes operative. Signed by Judge Karen K. Caldwell on 01/07/2019.(KJA)cc: COR (Entered: 01/07/2019)

INCORRECTLY FILED FOR CORRECT ENTRY SEE DE# 31 AMENDED COMPLAINT FOURTH AMENDED COMPLAINT against Matt Bevin, filed by Bryan LaMar Comer, Roger Wayne Fox, II, Deric Lostutter, Stephon Done Harbin.(Sherman, Jonathan) Modified to state incorrectly filed on 2/5/2019 (KJA). (Entered: 02/04/2019)

AMENDED COMPLAINT FOURTH AMENDED COMPLAINT (REFILED WITH NEW FILERS CREATED) against Matt Bevin, filed by Bryan LaMar Comer, Roger Wayne Fox, II, Deric Lostutter, Stephon Done Harbin, Robert Calvin Langdon, Margaret Sterne, Richard Leroy Petro, Jr, Bonifacio R. Aleman.(Sherman, Jonathan) (Entered: 02/04/2019)

MOTION to Dismiss for failure to state a claim by Matt Bevin, MOTION to Dismiss for Lack of Jurisdiction by Matt Bevin (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit 1 - Hand v. Scott Case No. 18-11388, # 4 Exhibit 2 -Sterne Executive Order (Dec. 20, 2018) )(Kuhn, Matthew) Modified text on 2/19/2019 (KJA). (Entered: 02/15/2019)

NOTICE OF DOCKET MODIFICATION TO Matthew Kuhn re 32 MOTION to Dismiss for failure to state a claim by Matt Bevin; MOTION to Dismiss for Lack of Jurisdiction by Matt Bevin; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (KJA)

RESPONSE in Opposition re 32 MOTION to Dismiss for failure to state a claim by Matt Bevin MOTION to Dismiss for Lack of Jurisdiction by Matt Bevin filed by Bonifacio R. Aleman, Bryan LaMar Comer, Roger Wayne Fox, II, Stephon Done Harbin, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr, Margaret Sterne. (Attachments: # 1 Exhibit Exhibit 1 - Margaret Sterne Declaration)(Sherman, Jonathan) (Entered: 03/08/2019)

REPLY to Response to Motion re 32 MOTION to Dismiss for failure to state a claim by Matt Bevin MOTION to Dismiss for Lack of Jurisdiction by Matt Bevin filed by Matt Bevin. (Kuhn, Matthew) (Entered: 03/22/2019)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re 32 MOTION to Dismiss for failure to state a claim by Matt Bevin MOTION to Dismiss for Lack of Jurisdiction by Matt Bevin (KJA)

ORDER as to 32 MOTION to Dismiss for failure to state a claim by Matt Bevin, MOTION to Dismiss for Lack of Jurisdiction by Matt Bevin: This matter is before the Court on the Defendant's motion to dismiss. [DE 32 ] Since the parties agree that Plaintiff Margaret Sterne's claims are moot, the Court hereby dismisses her as a party to this action. However, given their significance, the Court finds that the remaining issues of this case should be resolved on summary judgment. The Defendant's outstanding Rule 12(b)(1) and 12(b)(6) claims are DENIED accordingly. The Court will conduct a STATUS CONFERENCE on Friday, October 11, 2019, at 1:00 p.m. in Lexington, Kentucky. Signed by Judge Karen K. Caldwell on 08/30/2019.(MM)cc: COR (Entered: 08/30/2019)

NOTICE OF APPEARANCE by Matt Bevin. (Nolan, Brett) (Entered: 08/30/2019)

JOINT MOTION to Reschedule Status Conference scheduled for October 11, 2019 @ 1:00 p.m. in Lexington, KY by Matt Bevin (Attachments: # 1 Proposed Order)(Kuhn, Matthew) Modified motion text on 9/3/2019 (RBB). (Entered: 08/30/2019)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re 37 JOINT MOTION to Reschedule Status Conference scheduled for October 11, 2019 @ 1:00 p.m. in Lexington, KY (RBB)

ORDER re 37 JOINT MOTION to Reschedule Status Conference scheduled for October 11, 2019 @ 1:00 p.m. in Lexington, KY filed by Matt Bevin: The parties have jointly moved the Court to reschedule the status conference scheduled for October 11, 2019. The Court, upon consideration of the joint motion, reschedules the STATUS CONFERENCE for October 18, 2019 at 10:00 a.m. in Lexington, Kentucky. Signed by Judge Karen K. Caldwell on 09/03/2019.(MM)cc: COR, Lexington Court Diary Modified text on 9/4/2019 (MM). (Entered: 09/03/2019)

ORDER: On the Court's own motion, the hearing on October 18, 2019 is converted to a telephonic hearing and is RESCHEDULED to October 24, 2019 at 11:30 a.m.Signed by Judge Karen K. Caldwell on 09/13/2019.(MM)cc: COR, Lexington Court Diary (Entered: 09/13/2019)

ANSWER to 31 Amended Complaint, by Matt Bevin.(Nolan, Brett) (Entered: 09/13/2019)

***FILE SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: 40 Answer to Amended Complaint, 31 Amended Complaint, (KJA)

MOTION for Cecilia Aguilera to Appear Pro Hac Vice by Deric Lostutter ( Filing fee $125; receipt number 0643-4488477) (Attachments: # 1 Affidavit Aguilera Affidavit, # 2 Exhibit Exhibit to Affidavit, # 3 Proposed Order Admitting PHV)(Carter, Benjamin) (Entered: 10/10/2019)

BAR STATUS Check completed as to Cecilia Aguilera re 41 MOTION for Cecilia Aguilera to Appear Pro Hac Vice by Deric Lostutter ( Filing fee $125; receipt number 0643-4488477). (RBB)

ORDER: Ordered that Attorney Cecilia Aguilera is admitted Pro Ha Vie to represent the plaintiffs. 41 MOTION for Cecilia Aguilera to Appear Pro Hac Vice by Deric Lostutter is GRANTED. Signed by Judge Karen K. Caldwell on 10/10/2019. (RBB)cc: COR, paper copy to Cecilia Aguilera w/ copy of Mandatory ECF General Order & ECF Registration Form (Entered: 10/10/2019)

Attorney Update. Attorney Cecilia Aguilera for Bonifacio R. Aleman,Cecilia Aguilera for Bryan LaMar Comer,Cecilia Aguilera for Roger Wayne Fox, II,Cecilia Aguilera for Stephon Done Harbin,Cecilia Aguilera for Robert Calvin Langdon,Cecilia Aguilera for Deric Lostutter,Cecilia Aguilera for Richard Leroy Petro, Jr added. (RBB)

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/24/2019 before Judge Karen K. Caldwell: The Court heard statements of counsel concerning possibly setting a limited discovery deadline. Being sufficiently advised, the Court ORDERS AS FOLLOWS: 1. The Court determines that limited discovery is not necessary and this matter may proceed to summary judgment motions. 2. The parties may file cross-motions for summary judgment no later than November 25, 2019. Each party may file a brief response, limited to 2-5 pages, with ten (10) days of filing of the opposing counsel's motion for summary judgment. Replies will not be permitted. Upon receipt of both responses, the matter will then stand submitted to the Court. (Court Reporter Linda Mullen.) (KJA)cc: COR - Cecilia Aguilera via US Mail (Entered: 10/24/2019)

TRANSCRIPT REQUEST by Bonifacio R. Aleman, Bryan LaMar Comer, Roger Wayne Fox, II, Stephon Done Harbin, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr for proceedings held on 10/24/2019 before Judge Karen Caldwell.. (Sherman, Jonathan) (Entered: 10/30/2019)

TRANSCRIPT of Proceedings: TELEPHONIC STATUS CONFERENCE held on 10/24/2019 before Judge Caldwell. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: JON SHERMAN. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 12/2/2019. Redacted Transcript Deadline set for 12/12/2019. Release of Transcript Restriction set for 2/7/2020. (Entered: 11/06/2019)

MOTION for Summary Judgment by Bonifacio R. Aleman, Bryan LaMar Comer, Roger Wayne Fox, II, Stephon Done Harbin, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr (Attachments: # 1 Exhibit Ex. A - Kentucky Civil Rights Restoration Application, # 2 Exhibit Ex. B - Kentucky Attorney General Opinion 18-ORD-056, # 3 Exhibit Ex. C - Harbin Declaration, # 4 Exhibit Ex. D - Langdon Declaration, # 5 Exhibit Ex. E - Petro Declaration, # 6 Exhibit Ex. F - Aleman Declaration, # 7 Exhibit Ex. G - Comer Declaration, # 8 Exhibit Ex. H - Fox Declaration, # 9 Exhibit Ex. I - Lostutter Declaration, # 10 Exhibit Ex. J - Executive Order 2015-871, # 11 Proposed Order Proposed Order)(Sherman, Jonathan) (Entered: 11/25/2019)

MOTION for Summary Judgment by Matt Bevin (Attachments: # 1 Memorandum in Support of Summary Judgment, # 2 Exhibit Exhibit 1 - Harness decision, # 3 Proposed Order regarding Summary Judgment)(Kuhn, Matthew) (Entered: 11/25/2019)

RESPONSE to Motion re 46 MOTION for Summary Judgment by Bonifacio R. Aleman, Bryan LaMar Comer, Roger Wayne Fox, II, Stephon Done Harbin, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr filed by Matt Bevin. (Kuhn, Matthew) (Entered: 12/05/2019)

RESPONSE in Opposition re 47 MOTION for Summary Judgment by Matt Bevin filed by Bonifacio R. Aleman, Bryan LaMar Comer, Roger Wayne Fox, II, Stephon Done Harbin, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr. (Sherman, Jonathan) (Entered: 12/05/2019)

***CROSS MOTIONS SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re 47 MOTION for Summary Judgment by Matt Bevin, 46 MOTION for Summary Judgment by Bonifacio R. Aleman, Bryan LaMar Comer, Roger Wayne Fox, II, Stephon Done Harbin, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr (KJA)

MOTION to Withdraw as Attorney by Matt Bevin (Attachments: # 1 Proposed Order)(Pitt, M.) (Entered: 12/09/2019)

ORDER: Upon motion to withdraw as counsel, the Court GRANTS the motion. M. Stephen Pitt, S. Chad Meredith, Matthew F. Kuhn, and Brett R. Nolan are no longer counsel for Matthew G. Bevin, in his official capacity as Governor of the Commonwealth of Kentucky. Motions terminated: 50 MOTION to Withdraw as Attorney by Matt Bevin filed by Matt Bevin. Attorney Brett Robert Nolan; M. Stephen Pitt; Matthew F. Kuhn and S. Chad Meredith terminated. Signed by Judge Karen K. Caldwell on 12/9/2019.(RBB)cc: COR (Entered: 12/09/2019)

NOTICE OF APPEARANCE by Matt Bevin. (Payne, Taylor) (Entered: 01/17/2020)

***FILE SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: 52 NOTICE OF APPEARANCE (KJA)

MOTION to Dismiss by Bonifacio R. Aleman, Bryan LaMar Comer, Roger Wayne Fox, II, Stephon Done Harbin, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr, Margaret Sterne Plaintiffs' Motion to Dismiss Plaintiffs Harbin, Comer, and Fox's Claims As Moot (Attachments: # 1 Exhibit - Relating to the Restoration of Civil Rights for Convicted Felons, # 2 Proposed Order)(Cohen, Michelle) Modified text to further describe exhibit on 1/31/2020 (KJA). (Entered: 01/30/2020)

1 Exhibit - Relating to the Restoration of Civil Rights for Convicted Felons

View on PACER

2 Proposed Order

View on PACER

NOTICE OF DOCKET MODIFICATION TO Michelle Cohen re 53 MOTION to Dismiss; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: The Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John doe (correct). No further action required by counsel. cc: COR (KJA)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re 53 MOTION to Dismiss by Bonifacio R. Aleman, Bryan LaMar Comer, Roger Wayne Fox, II, Stephon Done Harbin, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr, Margaret Sterne Plaintiffs' Motion to Dismiss Plaintiffs Harbin, Comer, an (KJA)

ORDER: his matter is before the Court on Plaintiffs' 53 Motion To Dismiss Plaintiffs Harbin, Comer, and Foxs Claims As Moot. IT IS ORDERED that Plaintiffs' Motion To Dismiss Plaintiffs Harbin, Comer, and Fox's Claims As Moot is GRANTED. Plaintiffs Harbin, Comer, and Fox's claims are hereby DISMISSED as moot. Signed by Judge Karen K. Caldwell on 03/13/2020.(KJA)cc: COR (Entered: 03/13/2020)

OPINION & ORDER: The Court hereby ORDERS that: 1) Plaintiffs Fourth Amended Complaint (DE 31 ) is DISMISSED; 2) Plaintiff's Motion for Summary Judgment (DE 46 ) is DENIED as moot; 3) Defendant's Motion for Summary Judgment (DE 47 ) is DENIED as moot; and 4) a judgment will be entered contemporaneously with this order. Signed by Judge Karen K. Caldwell on 08/14/2020.(KJA)cc: COR

JUDGMENT: In accordance with the Opinion and Order entered today, the Court hereby ORDERS and ADJUDGES that: 1) Plaintiffs' Fourth Amended Complaint (DE 31 ) is DISMISSED; 2) Plaintiffs' Motion for Summary Judgment (DE 46 ) is DENIED as moot; 3) Defendant's Motion for Summary Judgment (DE 47 ) is DENIED as moot; 4) the matter is DISMISSED and STRICKEN from the active docket of this Court; and 5) this judgment is FINAL and APPEALABLE. Signed by Judge Karen K. Caldwell on 08/14/2020.(KJA)cc: COR (Entered: 08/17/2020)

MOTION for Reconsideration of Judgment Pursuant to Rule 59 re 56 Judgment, 55 Memorandum Opinion & Order, by Bonifacio R. Aleman, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, JrPursuant to Federal Rule of Civil Procedure 59 (Attachments: # 1 Exhibit Exhibit 1 - Civil Rights Restoration Application (revised March 2020), # 2 Proposed Order Exhibit 2 - Proposed Order)(Sherman, Jonathan) Modified to further describe on 8/31/2020 (KJA). (Entered: 08/31/2020)

RESPONSE in Opposition re 57 MOTION for Reconsideration of Judgment Pursuant to Rule 59 re 56 Judgment, 55 Memorandum Opinion & Order, by Bonifacio R. Aleman, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, JrPursuant to Federal Rule of Civil Procedure 59 filed by Andy Beshear. (Payne, Taylor) (Entered: 09/21/2020)

REPLY BRIEF to 58 and In Support of Plaintiffs' Motion for Reconsideration of Judgment Pursuant to Rule 59 filed by Bonifacio R. Aleman, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, Jr. (Attachments: # 1 Exhibit 1 - Eleventh Circuit Memorandum)(Sherman, Jonathan) (Entered: 10/05/2020)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re 57 MOTION for Reconsideration of Judgment Pursuant to Rule 59 re 56 Judgment, 55 Memorandum Opinion & Order, by Bonifacio R. Aleman, Robert Calvin Langdon, Deric Lostutter, Richard Leroy Petro, JrPursuant to Federal Rule of Civil Procedure 59 (KJA)

OPINION & ORDER: Plaintiffs claims are DISMISSED without prejudice for lack of standing. Plaintiffs and Defendants motions for summary judgment (R. 46 , 47 ) are therefore DENIED as moot and this matter shall be STRICKEN from the active docket. Signed by Judge Karen K. Caldwell on 7/22/2022.(JMB)cc: COR