Case: Tennessee Equality Project Foundation, Inc. v. The City of Murfreesboro, Tennessee

Tennessee Equality Project Foundation, Inc. v. City of Murfreesboro, Tennessee

Tennessee Equality Project Foundation, Inc. v. The City of Murfreesboro, et al.

TN State Bar status verified as active for J. Alex Little, Stella Yarbrough, Lucas Cameron-Vaughn, Jeff Preptit admitted to this court. (af)

WASH State Bar status verified as active for Li Nowlin-Sohl not admitted to this court - Local counsel secured. (af)

NY State Bar status verified as active for Michael P. Robotti, Jacquelyn N. Schell, Catherine I. Seibel not admitted to this court - Local counsel secured. (af)

AZ State Bar status verified as active for Andrew M. Hensley not admitted to this court - Local counsel secured. (af)

GA State Bar status verified as active for D. Alan White not admitted to this court - Local counsel secured. (af)

NOTICE TO COUNSEL Andrew M. Hensley, D. Alan White, Li Nowlin-Sohl, Michael P. Robotti, Jacquelyn N. Schell, Catherine I. Seibel: 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 $150.00 (LR 83.01(b)). PHV due by 10/27/2023. (af)

COMPLAINT against Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright (Filing fee $402, Receipt number ATNMDC-3927281), filed by Tennessee Equality Project Foundation, Inc. (Attachments: # (1) Exhibit A: Cooperative Agreement for 2022 BoroPride Festival,, # (2) Exhibit B: Beer Permit to TEP Foundation for 2022 BoroPride Festival, # (3) Exhibit C: 2022/9/6-2022/9/23 Emails between S. Mac and S. McFarland, # (4) Exhibit D: 2022/9/22 Robby Starbuck Instagram Post, # (5) Exhibit E: 2022/9/23 Email from S. McFarland to City Officials, # (6) Exhibit F: 2022/10/17 Letter from C. Tindall to TEP Foundation, # (7) Exhibit G: 2022/10/17 Memorandum from C. Tindall to City Officials, # (8) Exhibit H: 2022/10/18 Email from C. Tindall to City Officials, # (9) Exhibit I: 2022/11/16 Email from TEP Foundation to N. Williams,, # (10) Exhibit J: 2023/4/13-2023/5/26 Communications between ACLU-TN and Counsel for City,, # (11) Exhibit K: 2023/6/1 Letter from C. Tindall to TEP Foundation, # (12) Exhibit L: 2023/7/7 Letter from ACLU-TN to Counsel for City, # (13) Exhibit M: 2023/7/20 Letter from Counsel for City to ACLU-TN, # (14) Exhibit N: Murfreesboro City Ordinance 23-O-22, # (15) Exhibit O: Murfreesboro City Code Section 21-71, # (16) Exhibit P: 2023/9/27-2023/9/29 Emails between A. Tucker and ACLU-TN, # (17) Exhibit Q: Transcript of June 15, 2023 Murfreesboro City Council Meeting, # (18) Attachment - Civil Cover Sheet)(af)

1 Exhibit A: Cooperative Agreement for 2022 BoroPride Festival,

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2 Exhibit B: Beer Permit to TEP Foundation for 2022 BoroPride Festival

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3 Exhibit C: 2022/9/6-2022/9/23 Emails between S. Mac and S. McFarland

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4 Exhibit D: 2022/9/22 Robby Starbuck Instagram Post

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5 Exhibit E: 2022/9/23 Email from S. McFarland to City Officials

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6 Exhibit F: 2022/10/17 Letter from C. Tindall to TEP Foundation

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7 Exhibit G: 2022/10/17 Memorandum from C. Tindall to City Officials

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8 Exhibit H: 2022/10/18 Email from C. Tindall to City Officials

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9 Exhibit I: 2022/11/16 Email from TEP Foundation to N. Williams,

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10 Exhibit J: 2023/4/13-2023/5/26 Communications between ACLU-TN and Counsel for Ci

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11 Exhibit K: 2023/6/1 Letter from C. Tindall to TEP Foundation

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12 Exhibit L: 2023/7/7 Letter from ACLU-TN to Counsel for City

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13 Exhibit M: 2023/7/20 Letter from Counsel for City to ACLU-TN

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14 Exhibit N: Murfreesboro City Ordinance 23-O-22

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15 Exhibit O: Murfreesboro City Code Section 21-71

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16 Exhibit P: 2023/9/27-2023/9/29 Emails between A. Tucker and ACLU-TN

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17 Exhibit Q: Transcript of June 15, 2023 Murfreesboro City Council Meeting

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18 Attachment - Civil Cover Sheet

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NOTICE of Business Entity Disclosure Statement filing requirement. (af)

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af)

NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (af)

Summons issued as to Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright. Service copies placed at intake counter to be picked up by counsel. (af)

NOTICE of Initial Case Management Conference by Telephone set for 11/13/2023 at 10:00 AM before Magistrate Judge Barbara D. Holmes. (af)

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. § 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/10/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

MOTION for Preliminary Injunction and, MOTION to Expedite Briefing by Tennessee Equality Project Foundation, Inc.. (Little, J.)

MEMORANDUM in Support of [8] MOTION for Preliminary Injunction and MOTION to Expedite Briefing filed by Tennessee Equality Project Foundation, Inc. . (Little, J.)

ORDER: A telephonic case management conference will be held on Tuesday, October 17, 2023, at 10:00 a.m. (CT), using the Court's conference line at 1-877-402-9753, access code 3808663#. Plaintiff's counsel is responsible for notifying Defendants' counsel of this telephonic case management conference. Specifically, and in addition to any other notice, Plaintiff's counsel must promptly upon receipt of this Order, and by no later than 2:00 p.m. (CT) on October 16, 2023, Plaintiff's counsel must provide a copy of this Order on the lawyers with whom Plaintiff's counsel has had discussions about the preliminary injunction motion and who are described in the Certificate of Conference (Docket No. [8] at 4) as "likely to represent the City, City Council, and City Officials in their official capacities and the City Officials sued in their individual capacities" (id.), by email, fax, or other means to ensure the most expeditious notice. Signed by Magistrate Judge Barbara D. Holmes on 10/16/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

CERTIFICATE of Notice filed by Tennessee Equality Project Foundation, Inc. re [10] Order,,,,, Set Hearings,,,,. (Little, J.)

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephonic Status Conference held on 10/17/2023. (Tape #Digitally Recorded) (Hearing lasted 1:06) (MCC)

ORDER: Pursuant to the Court's order of October 16, 2023 (Docket No. [10]), a telephonic case management conference was held on October 17, 2023, to discuss scheduling and other matters related to Plaintiff's motion for a preliminary injunction. (Docket No. [8].) A status conference will be held on Thursday, October 19, 2023, at 10:00 a.m. (CT), using the Court's conference line at 1-877-402-9753, access code 3808663#, for the attorneys to update the Court on the status of their efforts to reach a resolution or, in the absence of a resolution, for the Court to set a briefing and hearing schedule on Plaintiff's motion. Signed by Magistrate Judge Barbara D. Holmes on 10/17/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

MOTION for attorney Michael P. Robotti to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: # (1) Attachment - Certificate of Good Standing)(ad)

MOTION for attorney Jacquelyn Nicole Schell to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: # (1) Attachment - Certificate of Good Standing)(ad)

MOTION for attorney Catherine Seibel to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: # (1) Attachment - Certificate of Good Standing)(ad)

MOTION for attorney D. Alan White to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: # (1) Attachment - Certificate of Good Standing)(ad)

MOTION for attorney Andrew M. Hensley to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc. (Attachments: # (1) Attachment - Certificate of Good Standing)(ad)

ORDER: Pending before the Court is Tennessee Equality Project Foundation, Inc.'s (TEP) Motion for a Preliminary Injunction and Request for Expedited Briefing (Doc. No. [8]). In accordance with the parties' representations during the telephonic status conference held by the Magistrate Judge on October 17, 2023, the parties shall jointly notify the Court if they resolve the issues raised in TEP's motion and accompanying memorandum. If the parties cannot reach a complete resolution, Defendants shall file their responsive briefs no later than 9:00 a.m. on October 20, 2023, and TEP shall file any replies no later than 9:00 a.m. on October 24, 2023. The Court shall hold a hearing on TEP's Motion (Doc. No. [8]) at 1:00 p.m. on October 26, 2023. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/18/23. (ad)

ORDER: Regarding the preliminary injunction motion (Docket No. [8]) generally, responsive briefing shall occur as agreed to by the parties as follows. City Defendants' response to the motion must be filed by no later than November 13, 2023, and shall not exceed 25 pages. Plaintiff may file an optional reply by no later than November 28, 2023, which shall not exceed 10 pages. By no later than noon on Friday, October 20, 2023, the parties must file a proposed agreed order regarding enforcement of the subject Murfreesboro City Code sections (or ordinances) during the weekend of October 28-29, when the BoroPride Festival event is scheduled to take place. Signed by Magistrate Judge Barbara D. Holmes on 10/19/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

NOTICE of Appearance by Robert M. Burns on behalf of All Defendants (Burns, Robert)

NOTICE of Appearance by Samantha A. Burnett on behalf of All Defendants (Burnett, Samantha)

NOTICE of Appearance by Cassandra M. Crane on behalf of Shane McFarland, Craig G. Tindall (Crane, Cassandra)

NOTICE of Appearance by Kristin Ellis Berexa on behalf of Shane McFarland, Craig G. Tindall (Berexa, Kristin)

NOTICE/AGREED ORDER by The City of Murfreesboro, Tennessee of Submitting Proposed Agreed Order on City Ordinance Enforcement (Burns, Robert) Modified on 10/23/2023 (ad).

RECEIPT #300001181 in the amount of $750.00 posted by Tennessee Equality Project Foundation, Inc. re [17] Andrew Hensley Motion to Appear Pro Hac Vice, [15] Catherine Seibel Motion to Appear Pro Hac Vice, [13] Michael Robotti Motion to Appear Pro Hac Vice, [14] Jacquelyn Shell Motion to Appear Pro Hac Vice, [16] D. Alan White Motion to Appear Pro Hac Vice. (ad)

MOTION for attorney Li Nowlin-Sohl to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Tennessee Equality Project Foundation, Inc.. (Attachments: # (1) Attachment - Certificate of Good Standing)(ad)

NOTICE/AGREED ORDER by The City of Murfreesboro, Tennessee of Submitting [Revised] Proposed Agreed Order on City Ordinance Enforcement (Burns, Robert) Modified on 10/23/2023 (ad).

TN State Bar status verified as active for Robert M. Burns, Samantha A. Burnett, Cassandra M. Crane, Kristin Ellis Berexa admitted to this court. (ad)

AGREED ORDER: Solely for purposes of this agreement, "Defendants" excludes Defendant City Manager Craig Tindall and Defendant City Mayor Shane McFarland in their individual capacities. On October 28 and 29, 2023, Defendant City of Murfreesboro, acting through Defendant City Manager Craig Tindall; Defendant City Mayor Shane McFarland; the City's police department; or any other City official or entity, shall not enforce or take any action pursuant to Murfreesboro City Ordinance 23-O-22. On October 28 and 29, 2023, Defendant City of Murfreesboro, acting through Defendant City Manager Craig Tindall; Defendant City Mayor Shane McFarland; the City's police department; or any other City official or entity, shall not enforce or take any action pursuant to the provision of Murfreesboro City Code § 21-71 that includes "homosexuality" within the definition of "sexual conduct.". Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/23/203. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

ORDER: On October 23, 2023, the Court entered an Order (Doc. No. [28]) restraining the enforcement of Murfreesboro City Ordinance 23-O-22 and a specific provision in Murfreesboro City Code § 21-71 on October 28 and 29, 2023. Accordingly, the hearing on October 26, 2023, set in the Court's prior Order (Doc. No. [18]), and all associated deadlines are VACATED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/25/23. (ad)

ORDER granting [13], [14], [15], [16], and [17]: Having satisfied the requirements of Local Rule 83.01(b), the Motions for Michael P. Robotti, Jacquelyn Nicole Schell, Catherine Seibel, D. Alan White, and Andrew M. Hensley to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 10/26/2023. (lh)

Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice

Joint MOTION Set Nov. 15, 2023 as the Deadline for Defendants to Respond to Complaint by Tennessee Equality Project Foundation, Inc.. (White, Dennis) Modified on 11/13/2023 (ad).

PROPOSED CASE MANAGEMENT ORDER filed by Tennessee Equality Project Foundation, Inc.. (White, Dennis)

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 11/13/2023. (Hearing lasted 0:58) (KF)

ORDER: Pending before the Court is the parties' joint motion to extend the time for Defendants to answer or otherwise respond to the complaint until November 15, 2023 (Docket No. [31]), which is GRANTED. By no later than November 15, 2023, Defendants must answer or otherwise respond to the complaint. No further extensions of this time will be granted. Signed by Magistrate Judge Barbara D. Holmes on 11/13/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 12/14/2023. Discovery due by 3/1/2024. The filing of and schedule for dispositive motions is RESERVED. Signed by Magistrate Judge Barbara D. Holmes on 11/13/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

ANSWER to [1] Complaint,,,,,, on Behalf of Craig G. Tindall in his Individual Capacity by Craig G. Tindall.(Crane, Cassandra)

MOTION to Dismiss on Behalf of Individual Defendants by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, Craig G. Tindall, Kirt Wade, Shawn Wright. (Crane, Cassandra)

MEMORANDUM in Support of [36] MOTION to Dismiss on Behalf of Individual Defendants filed by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, Craig G. Tindall, Kirt Wade, Shawn Wright . (Crane, Cassandra)

RESPONSE to Motion re [8] MOTION for Preliminary Injunction and MOTION to Expedite Briefing filed by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright. (Attachments: # (1) Exhibit A - Revised 1977 Definition)(Burns, Robert)

1 Exhibit A - Revised 1977 Definition

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ANSWER to [1] Complaint,,,,,, by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright.(Burnett, Samantha)

Joint MOTION TO REQUEST STATUS CONFERENCE by Tennessee Equality Project Foundation, Inc.. (White, Dennis)

RECEIPT #300001437 in the amount of $150.00 posted by Tennessee Equality Project Foundation, Inc. re Li Nowlin-Sohl [25] Motion to Appear Pro Hac Vice. (ad)

ORDER: The Joint Motion to Request Status Conference (Doc. No. [40]) is GRANTED and an in-person status conference is set for December 4, 2023, at 9:00 a.m. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/17/23. (ad)

REPLY to Response to re [8] MOTION for Preliminary Injunction and MOTION to Expedite Briefing filed by Tennessee Equality Project Foundation, Inc.. (Schell, Jacquelyn)

Transcript filed for date of October 17, 2023, before Judge Barbara Holmes. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, roxann_harkins@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 12/6/2023. Redaction Request due 12/20/2023. Redacted Transcript Deadline set for 1/2/2024. Release of Transcript Restriction set for 2/27/2024. (RH)

RESPONSE in Opposition re [36] MOTION to Dismiss on Behalf of Individual Defendants filed by Tennessee Equality Project Foundation, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Robotti, Michael)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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NOTICE TO FILER re DE# 43 : 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. (ad)

NOTICE TO FILER re DE# 45 : 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.include a certificate of service. Please FILE a conformed Certificate of Service for this document. (ad)

NOTICE TO FILER re DE# 45: 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.include a certificate of service. Please FILE a conformed Certificate of Service for this document. (ad)

REPLY to Response to re [8] MOTION for Preliminary Injunction and MOTION to Expedite Briefing with Corrected Certificate of Service filed by Tennessee Equality Project Foundation, Inc.. (Schell, Jacquelyn)

RESPONSE in Opposition re [36] MOTION to Dismiss on Behalf of Individual Defendants with Corrected Certificate of Service filed by Tennessee Equality Project Foundation, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Robotti, Michael)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Status Conference held on 12/4/2023. Court considers possibility of combining the preliminary injunction hearing with trial. Parties to provide a joint notice with proposed trial dates by December 8, 2023. Parties also to provide an agreed order regarding the money damages against McFarland and Tindall in their official capacities in Counts 12 through 14. Parties to continue to attempt mediation and settlement discussions. (Court Reporter Patty Jennings.) (Hearing lasted :23)(Seay, Melissa)

ORDER: On December 4, 2023, the Court held a status conference to discuss consolidation of Plaintiff's request for a preliminary injunction with trial. After discussion on the record, the parties agreed that consolidation was appropriate. For the reasons stated on the record, by no later than December 8, 2023, the parties shall jointly: (1) request the Court dismiss Plaintiff's claims for money damages against McFarland and Tindall in their official capacities in Counts XII through XIV as duplicative, which Plaintiff has conceded (see Doc. No. [45] at 18); and (2) file notice proposing trial dates. The parties' notice should also request any changes to the Initial Case Management Order (Doc. No. [34]) necessary to prepare for trial. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/06/23. (ad)

REPLY to Response to re [36] MOTION to Dismiss on Behalf of Individual Defendants in Further Support of Motion filed by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, Craig G. Tindall, Kirt Wade, Shawn Wright. (Crane, Cassandra)

Joint MOTION To Request Case Management Conference by Jami Averwater, Michael Bowen, Madelyn Scales Harris, Kevin Jones, Austin Maxwell, Shane McFarland, The City Council of Murfreesboro, Tennessee, The City of Murfreesboro, Tennessee, Craig G. Tindall, Kirt Wade, Shawn Wright. (Burnett, Samantha)

CERTIFICATE OF SERVICE by Tennessee Equality Project Foundation, Inc. of Plaintiff's Initial Written Discovery Requests (White, Dennis)

STIPULATION // Agreed Order Regarding Dismissal of Certain Counts and Relief by Tennessee Equality Project Foundation, Inc.. (Hensley, Andrew)

STIPULATION // Joint Proposed Schedule for Dispositive Motions and Trial by Tennessee Equality Project Foundation, Inc.. (Hensley, Andrew)

AGREED ORDER REGARDING DISMISSAL OF CERTAIN COUNTS AND RELIEF. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/12/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

ORDER SETTING CASE FOR TRIAL: Jury Trial set for 5/14/2024 at 09:00 AM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 5/6/2024 at 11:00 AM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr. Exhibit List due by 4/29/2024. Witness List due by 4/29/2024. Joint Proposed Pretrial Order due by 4/29/2024. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/13/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

Transcript filed for date of December 4, 2023, before Judge Waverly D. Crenshaw Jr. Court Reporter: Patty Jennings, 615-939-5450, patty_jennings@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 12/26/2023. Redaction Request due 1/9/2024. Redacted Transcript Deadline set for 1/19/2024. Release of Transcript Restriction set for 3/18/2024. (Jennings, Patty)

Set Hearing: Case Management Conference by Telephone set for 1/9/2024 at 02:00 PM before Magistrate Judge Barbara D. Holmes. (ad)

ORDER: Pending before the Court is the parties' joint motion to set a case management conference (Docket No. [50]), which is GRANTED. A telephonic case management conference is SCHEDULED for January 9, 2024 at 2:00 p.m. (CT) using the Court's conference line at 1-877-402-9753, access code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 12/20/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

ORDER granting [25]: Having satisfied the requirements of Local Rule 83.01(b), the Motion for Li Nowlin-Sohl to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 01/04/2024. (lh)

Appear Pro Hac Vice

ORDER: The telephonic status/case management conference scheduled for Tuesday, January 9, 2024 will be held at 3:00 p.m. (CT), rather than at 2:00 pm, using the Court's conference line at 1-877-402-9753, access code 3808663#. It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 1/5/2024. (af)

JOINT NOTICE OF SETTLEMENT IN PRINCIPLE AND MOTION TO STAY by Tennessee Equality Project Foundation, Inc. // Joint Notice of Settlement in Principle (Schell, Jacquelyn) Modified on 1/8/2024 (ad).

ORDER: To allow the parties' requested time for finalization of settlement, the [60] motion to stay is GRANTED. The status/case management conference presently set for January 9, 2024, is CANCELLED. All case management deadlines and provisions are conditionally STAYED until February 5, 2024, pending the parties' finalization of settlement. By no later than February 2, 2024, the parties must submit either a stipulation of dismissal or a joint motion to dismiss with appended proposed agreed order of dismissal or other filing in resolution of this case. Signed by Magistrate Judge Barbara D. Holmes on 01/08/24. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)

Joint MOTION for Extension of Time to File Stipulation of Dismissal or Joint Motion to Dismiss by Tennessee Equality Project Foundation, Inc.. (Robotti, Michael)

ORDER: Motion [62] for Extension of Time to File Stipulation of Dismissal or Joint Motion to Dismiss GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 02/05/24. (ad)

STIPULATION of Dismissal With Prejudice by Tennessee Equality Project Foundation, Inc.. (Robotti, Michael)

ORDER: The parties have filed a Stipulated Notice of Dismissal with Prejudice (Doc. No. 64 ). Accordingly, this action is DISMISSED WITH PREJUDICE, and the Clerk is directed to close the file. Any pending Motions are DENIED AS MOOT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 02/16/24. (ad) (Entered: 02/16/2024)