Case: Thomas v. Montgomery

COMPLAINT against Mae Beavers, Zane Duncan, Gary Faulcon, Tim Gobble, Roberta Kustoff, Richard Montgomery, Barrett Rich (Filing fee $402, Receipt number ATNMDC-3955502), filed by Terrell Lawrence, Carvin Thomas. (Attachments: # 1 Attachment - Civil Cover Sheet)(kc) (Entered: 11/16/2023)

1 Attachment - Civil Cover Sheet

View on PACER

NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc) (Entered: 11/16/2023)

Annotation - Bar Status

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) (Entered: 11/16/2023)

TN State Bar status verified as active for Drew Justice admitted to this court. (kc)

NOTICE of Initial Case Management Conference by Telephone is set for 3/5/2024 at 09:30 AM before Magistrate Judge Jeffery S. Frensley. (kc) (Entered: 11/17/2023)

NOTICE of Summons to be Issued as to MONTGOMERY, and all the others. (Attachments: # 1 Attachment Summons to issue (DUNCAN), # 2 Attachment Summons to issue (FAULCON), # 3 Attachment Summons to issue (GOBBLE), # 4 Attachment Summons to issue (BEAVERS), # 5 Attachment Summons to issue (KUSTOFF), # 6 Attachment Summons to issue (RICH))(Justice, Drew) (Entered: 11/21/2023)

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 District Judge William L. Campbell, Jr on 11/21/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) (Entered: 11/21/2023)

Summons issued as to Mae Beavers, Zane Duncan, Gary Faulcon, Tim Gobble, Roberta Kustoff, Richard Montgomery, Barrett Rich. Service copies will be picked up by counsel at intake. (ad) (Entered: 11/21/2023)

NOTICE of Appearance by Adam Nicholas Tune on behalf of All Defendants (Tune, Adam) (Entered: 12/18/2023)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Mae Beavers, Zane Duncan, Gary Faulcon, Tim Gobble, Roberta Kustoff, Richard Montgomery, Barrett Rich. (Tune, Adam) (Entered: 12/18/2023)

TN State Bar status verified as active for Adam Nicholas Tune admitted to this court. (ad)

ORDER: DEFENDANTS' UNOPPOSED MOTION 9 FOR AN EXTENSION OF TIME GRANTED. Signed by Magistrate Judge Jeffery S. Frensley on 12/19/23. (ad) (Entered: 12/19/2023)

MOTION to Dismiss for Failure to State a Claim by Mae Beavers, Zane Duncan, Gary Faulcon, Tim Gobble, Roberta Kustoff, Richard Montgomery, Barrett Rich. (Attachments: # 1 Attachment Memorandum of Law)(Tune, Adam) (Entered: 01/09/2024)

AMENDED COMPLAINT against All Defendants, filed by Terrell Lawrence, Carvin Thomas.(Justice, Drew) (Entered: 01/23/2024)

***DISREGARD***Defendants' ANSWER to 12 Amended Complaint by Mae Beavers, Zane Duncan, Gary Faulcon, Tim Gobble, Roberta Kustoff, Richard Montgomery, Barrett Rich.(Tune, Adam) Modified on 2/8/2024 (ad). (Entered: 02/05/2024)

NOTICE TO FILER re DE# 13 : The wrong event was used. The correct event should be Response to Amended Complaint. Counsel shall re-file the document. (ad)

MOTION to Dismiss Amended Complaint by Mae Beavers, Zane Duncan, Gary Faulcon, Tim Gobble, Roberta Kustoff, Richard Montgomery, Barrett Rich. (Attachments: # 1 Attachment Memorandum of Law)(Tune, Adam) (Entered: 02/08/2024)

RESPONSE in Opposition re 14 MOTION to Dismiss Amended Complaint filed by Terrell Lawrence, Carvin Thomas. (Justice, Drew) (Entered: 02/22/2024)

MOTION to Continue Case Management Conference by Terrell Lawrence, Carvin Thomas. (Justice, Drew) (Entered: 02/29/2024)

ORDER: MOTION 16 GRANTED. The Initial Case Management Conference is hereby reset to March 21, 2024 at 8:30 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 03/01/24. (ad) (Entered: 03/01/2024)

Reset Hearing: Initial Case Management Conference by Telephone set for 3/21/2024 at 08:30 AM before Magistrate Judge Jeffery S. Frensley. (ad)

Second MOTION to Continue Conference (or Change the Time) by Terrell Lawrence, Carvin Thomas. (Attachments: # 1 Exhibit Oral argument docket)(Justice, Drew) (Entered: 03/05/2024)

ORDER: MOTION 18 GRANTED. The Initial Case Management Conference is hereby reset to 9:00 a.m. on March 22, 2024. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5)minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 03/06/24. (ad) (Entered: 03/06/2024)

Reset Hearing: Case Management Conference by Telephone set for 3/22/2024 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (ad)

PROPOSED CASE MANAGEMENT ORDER filed by All Defendants. (Tune, Adam) (Entered: 03/19/2024)

Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 3/22/2024. (Hearing lasted :8)(sm)

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 8/30/2024. Discovery due by 12/6/2024. Dispositive Motions due by 3/10/2025. Telephone Conference set for 11/4/2024 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 03/22/24. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) (Entered: 03/22/2024)

ORDER: Pending before the Court is Defendants' Motion to Dismiss the Amended Complaint. (Doc. No. 14 ). In their response, Plaintiffs state that "both Thomas and Lawrence currently have pending cases before the Davidson County Chancery Court, seeking to reverse the parole hearings on writ of certiorari." (Doc. No. 15 at 7, n. 2). On or before May 10, 2024, Plaintiffs shall file copies with this Court of any petitions filed by either of them in Davidson County Chancery Court related to their parole. Signed by Chief Judge William L. Campbell, Jr on 05/03/24. (ad) (Entered: 05/03/2024)

NOTICE of Filing by Terrell Lawrence re 22 Order,, re: Chancery Filings (Attachments: # 1 Exhibit Thomas - Petition, # 2 Exhibit Thomas - Transfer, # 3 Exhibit Thomas - Petitioner Brief, # 4 Exhibit Lawrence - Petition, # 5 Exhibit Lawrence - Response, # 6 Exhibit Lawrence - Reply, # 7 Exhibit Lawrence - Further Response)(Justice, Drew) (Entered: 05/10/2024)

***DISREGARD, ORDER DUPLICATED, REFER TO ORDER 25 ***ORDER SETTING CASE FOR TRIAL: Bench Trial set for 9/16/2025 at 09:00 AM in Courtroom 6B before Chief Judge William L. Campbell Jr. Pretrial Conference set for 9/8/2025 at 10:00 AM in Courtroom 6B before Chief Judge William L. Campbell Jr. Joint Proposed Pretrial Order due by 9/2/2025; Exhibit List due by 9/2/2025; and Witness List due by 9/2/2025. All lawyers who will participate in the trial must attend the Pretrial Conference. Signed by Chief Judge William L. Campbell, Jr on 5/16/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 5/20/2024 (mg). (Entered: 05/16/2024)

ORDER SETTING CASE FOR TRIAL: Bench Trial set for 9/16/2025 09:00 AM in Courtroom 6B before Chief Judge William L. Campbell Jr. Exhibit List due by 9/2/2025. Witness List due by 9/2/2025. Pretrial Conference set for 9/8/2025 10:00 AM in Courtroom 6B before Chief Judge William L. Campbell Jr. Proposed Pretrial Order due by 9/2/2025. All lawyers who will participate in the trial must attend the PretrialConference. Signed by Chief Judge William L. Campbell, Jr on 5/16/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ch) (Entered: 05/16/2024)

MEMORANDUM OPINION OF THE COURT Signed by Chief Judge William L. Campbell, Jr on 6/17/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ch)

ORDER DISMISSING CASE: For the reasons stated in the accompanying Memorandum 26, Defendants' Motion to Dismiss (Doc. No. 14 ) is GRANTED and this case is hereby DISMISSED. Signed by Chief Judge William L. Campbell, Jr on 6/17/2024. (ch) (Entered: 06/17/2024)

NOTICE OF APPEAL as to 26 Memorandum Opinion of the Court, 27 Order Dismissing Case, Terminate Deadlines and Hearings, Terminate Motions by Terrell Lawrence, Carvin Thomas. Filing fee $ 605, receipt number ATNMDC-4118978. (Justice, Drew) (Entered: 07/12/2024)

USCA Case Number 24-5637 for 28 Notice of Appeal, filed by Terrell Lawrence, Carvin Thomas. Case Manager - Gretchen S. Abruzzo. (am) (Entered: 07/16/2024)