Case: Bingham v. Wilson

COMPLAINT against Barry Barnette, Kevin Brackett, Edgar L Clements, III, Ernest A Finney, III, Byron E Gipson, Rick Hubbard, Members of the South Carolina Board of Medical Examiners, The, Members of the South Carolina Board of Nursing, The, Randy E Newman, Jr, David Pascoe, Jimmy Arthur Richardson, II, William B Rogers, Jr, David Shambo, Duffie Stone, David R Wagner, Bill Weeks, W Walter Wilkins, Alan McCrory Wilson, Scarlett A Wilson ( Filing fee $ 405 receipt number ASCDC-12194257.), filed by Patricia Seal, Natalie Dawn Bingham, Katee L Wyant, Jane Doe, Jessica Tarleton. Service due by 4/8/2025(sshe, ) (Entered: 01/08/2025)

Local Rule 26.01 Answers to Interrogatories by Jessica Tarleton, Katee L Wyant, Natalie Dawn Bingham, Jane Doe, Patricia Seal.(sshe, ) (Entered: 01/08/2025)

Summons Issued as to All Defendants. (sshe, ) (Entered: 01/08/2025)

MOTION for Protective Order by Natalie Dawn Bingham. Response to Motion due by 1/23/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) (Entered: 01/09/2025)

1 Proposed Order

View on RECAP

NOTICE of Request for Protection from Court Appearance by John LaFitte Warren, III for February 3, 2025 (Before 12:00 PM); February 26-28, 2025; March 17-21, 2025 (Tentative); May 8, 2025; September 25, 2025 (Warren, John) (Entered: 01/12/2025)

NOTICE of Request for Protection from Court Appearance by William Norman Nettles for 1/23-27/2025 and 2/3-2/7/2025 (Nettles, William) (Entered: 01/13/2025)

Order

TEXT ORDER re 7 Notice of Request for Protection from Court Appearance filed by Natalie Dawn Bingham for William Norman Nettles for 1/23-27/2025 and 2/3-2/7/2025. Counsel should please know the protection request is duly noted and taken under advisement. Entered at the Direction of Honorable Richard M Gergel on 1/13/2025. (sshe, ) (Entered: 01/13/2025)

TEXT ORDER re 6 Notice of Request for Protection from Court Appearance filed by Katee L Wyant, Jane Doe, Patricia Seal, Jessica Tarleton, Natalie Dawn Bingham, for John LaFitte Warren, III for February 3, 2025 (Before 12:00 PM); February 26-28, 2025; March 17-21, 2025 (Tentative); May 8, 2025; September 25, 2025. Counsel should please know the protection request is duly noted and taken under advisement. Entered at the Direction of Honorable Richard M Gergel on 1/13/2025. (sshe, ) (Entered: 01/13/2025)

AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. Service due by 4/15/2025 (Nettles, William) Modified to add plaintiff parties listed on document as filers; to add newly named defendant parties listed on document on 1/16/2025 (sshe, ). (Entered: 01/15/2025)

WAIVER OF SERVICE by Patricia Seal, Natalie Dawn Bingham, Jessica Tarleton, Katee L Wyant, Jane Doe. Alan McCrory Wilson waiver executed on 1/16/2025, answer due 3/17/2025. (Warren, John) (Entered: 01/16/2025)

Joint MOTION for Extended Briefing Scheduling Order by Jessica Tarleton, Katee L Wyant, Natalie Dawn Bingham, Jane Doe, Patricia Seal. Response to Motion due by 1/31/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Warren, John) (Entered: 01/17/2025)

MOTION to Appear Pro Hac Vice by Rupali Sharma ( Filing fee $ 350 receipt number ASCDC-12214168) by Natalie Dawn Bingham. Response to Motion due by 1/31/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Application for PHV, # 2 Supporting Documents Certificate in Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) (Entered: 01/17/2025)

MOTION to Appear Pro Hac Vice by Paige B. Suelzle ( Filing fee $ 350 receipt number ASCDC-12214246) by Natalie Dawn Bingham. Response to Motion due by 1/31/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Application for PHV, # 2 Supporting Documents Certificate in Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) (Entered: 01/17/2025)

ORDER granting 13 Motion for Extending Briefing Schedule. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/18/2025.(ltap, ) (Entered: 01/18/2025)

TEXT ORDER granting 14 Motion of Rupali Sharma and 15 Motion of Paige B. Suelzle to Appear Pro Hac Vice for Natalie Dawn Bingham. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/22/2025.(sshe, ) (Entered: 01/22/2025)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Appear Pro Hac Vice (only one attorney per motion)

Order on Motion to Appear Pro Hac Vice

Waiver of Service Executed

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Intervene

Local Rule 26.01 Answers to Interrogatories

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Response in Opposition to Motion

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Reply to Response to Motion

ORDER AND OPINION: Governor McMaster's motion for permissive intervention 26 pursuant to Fed. R. Civ. P. 24(b) is granted. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/25/25.(ltap, ) Modified document type on 2/26/2025 (sshe, ).

Notice of Appearance

Local Rule 26.01 Answers to Interrogatories

Response in Opposition to Motion

Response in Opposition to Motion

Waiver of Service Executed

Notice of Request for Protection from Court Appearance

Order

Reply to Response to Motion

ORDER AND OPINION granting 5 Motion for Protective Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/11/2025.(ltap, ) Modified document type on 3/12/2025 (sshe, ). (Entered: 03/11/2025)

NOTICE of Request for Protection from Court Appearance by William Norman Nettles for 3/13 - 14; 3/18-21; 4/2-3; 4/9-10, 2025 (Nettles, William) (Entered: 03/11/2025)

TEXT ORDER re 68 Notice of Request for Protection from Court Appearance filed by Natalie Dawn Bingham for William Norman Nettles for 3/13-14; 3/18-21; 4/2-3; 4/9-10, 2025. Counsel should please know the protection request is duly noted and taken under advisement. Entered at the Direction of Honorable Richard M Gergel on 3/12/2025. (sshe, ) (Entered: 03/12/2025)

Order

MOTION to Dismiss by Barry Barnette, Micah Black, Kevin Brackett, Mike Burch, Edgar L Clements, III, Rick Hubbard, Henry Dargan McMaster, Randy E Newman, Jr, David Pascoe, Jimmy Arthur Richardson, II, David Stumbo, Bill Weeks, W Walter Wilkins, Alan McCrory Wilson. Response to Motion due by 3/31/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lambert, William) (Entered: 03/17/2025)

NOTICE of Appearance by Steven Richard Spreeuwers on behalf of Byron E Gipson (Spreeuwers, Steven) (Entered: 03/19/2025)

Consent MOTION Motion to Apply the Deadlines in the Briefing Order (ECF No. 16) to All Parties to the Joint Motion to Dismiss (ECF No. 70) re 70 MOTION to Dismiss, 16 Order on Motion for Miscellaneous Relief by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. Response to Motion due by 4/2/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Warren, John) (Entered: 03/19/2025)

TEXT ORDER granting 72 Motion for all deadlines in the Scheduling Order to apply to the Moving Defendants' joint Motion to Dismiss. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/25/2025.(ltap, ) (Entered: 03/25/2025)

Order on Motion for Miscellaneous Relief

STIPULATION Between Plaintiffs and Defendant Ernest A. Finney III by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. (Warren, John) (Entered: 04/04/2025)

MOTION to Allow Stipulation Between Plaintiffs and Defendant Ernest A. Finney, III re 74 Stipulation by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. Response to Motion due by 4/18/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Warren, John) (Entered: 04/04/2025)

NOTICE of Appearance by Amanda Kurzen Dudgeon on behalf of Duffie Stone, Scarlett A Wilson (Dudgeon, Amanda) (Entered: 04/07/2025)

STIPULATION Between Plaintiffs and Defendant Byron E. Gipson by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. (Warren, John) (Entered: 04/07/2025)

STIPULATION Between Plaintiffs and Defendants Scarlett A. Wilson and Duffie Stone by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. (Warren, John) (Entered: 04/07/2025)

MOTION Permit Stipulation Between Plaintiffs and Defendants Scarlett A. Wilson and Duffie Stone (ECF No. 78) re 78 Stipulation by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. Response to Motion due by 4/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Warren, John) (Entered: 04/07/2025)

TEXT ORDER: For good cause shown and on joint motion of the Parties, the Court allows the Stipulation at Dkt. No. 74 to take effect. (Dkt. No. 75). AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/8/2025.(ltap, ) (Entered: 04/08/2025)

Order on Motion for Miscellaneous Relief

RESPONSE in Opposition re 70 MOTION to Dismiss Response filed by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant.Reply to Response to Motion due by 4/21/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Warren, John) (Entered: 04/14/2025)

NOTICE of Appearance by Robert Horner on behalf of George S. Dilts, Bridget A Enos, Natalie M Gregory, Marcelo Hochman, Bridget J Holder, Richard Howell, Robert Kosciusko, Leslie M Lyerly, Melissa May-Engel, James T McClain, Samuel H McNutt, Members of the South Carolina Board of Medical Examiners, The, Members of the South Carolina Board of Nursing, The, Theresa Mills-Floyd, Lindsey K Mitcham, Frances C Pagett, Jennifer R Root, Lindsay Tjiattas-Saleski, Sallie Beth Todd, John J Whitcomb, Robert J Wolff, Christopher C. Wright (Horner, Robert) (Entered: 04/21/2025)

Letter from Plaintiffs Providing Notice of Automatic Substitution of a Party Pursuant to Federal Rule of Civil Procedure 25(d). (Warren, John) (Entered: 04/21/2025)

STIPULATION Between Plaintiffs and Individual Members of the South Carolina Board of Medical Examiners and South Carolina Board of Nursing by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. (Warren, John) (Entered: 04/21/2025)

Joint MOTION Accept Stipulation Between Plaintiffs and Individual Members of the South Carolina Board of Medical Examiners or South Carolina Board of Nursing re 84 Stipulation by Natalie Dawn Bingham, Jane Doe, Patricia Seal, Jessica Tarleton, Katee L Wyant. Response to Motion due by 5/5/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Warren, John) (Entered: 04/21/2025)

TEXT ORDER: For good cause shown and on joint motion of the Parties, the Court allows the Stipulation at Dkt. No. 84 to take effect. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/23/2025.(ltap, ) (Entered: 04/23/2025)

Order on Motion for Miscellaneous Relief

Reply to Response to Motion

ORDER AND OPINION: Defendants' motion is GRANTED IN PART and DENIED IN PART. Plaintiffs' claim under the Free Exercise Clause is DISMISSED WITH PREJUDICE. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/7/25.(cper, ) (Entered: 05/07/2025)

ANSWER to 10 Amended Complaint, by Barry Barnette, Micah Black, Kevin Brackett, Mike Burch, Edgar L Clements, III, Rick Hubbard, Henry Dargan McMaster, Randy E Newman, Jr, David Pascoe, Jimmy Arthur Richardson, II, David Stumbo, Bill Weeks, W Walter Wilkins, Alan McCrory Wilson.(Lambert, William) (Entered: 05/21/2025)

CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 6/12/2025, 26(a) Initial Disclosures due by 6/26/2025, Rule 26 Report due by 6/26/2025, Motions to Amend Pleadings due by 8/20/2025, Plaintiffs ID of Expert Witness due by 9/19/2025, Defendants ID of Expert Witnesses Due by 10/20/2025, Records Custodian Affidavit due by 10/27/2025, Discovery due by 11/18/2025, Motion in Limine must be filed no sooner than fifteen (15) days and no later than ten (10) days prior to the date certain set for jury selection and trial, Motions due by 12/2/2025, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to the date set for jury selection, Case ready for jury selection and/or trial on or after 3/2/2026 Signed by Honorable Richard M Gergel on 5/22/2025. (sshe, ) (Entered: 05/22/2025)

TEXT ORDER: For good cause shown and on joint motion of the Parties, the Court allows the Stipulation at Dkt. No. 78 to take effect. (Dkt. No. 79). AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 5/27/2025.(ltap, ) (Entered: 05/27/2025)

Order on Motion for Miscellaneous Relief

Letter

Local Rule 26.03 Answers to Interrogatories

Sealed Document

Miscellaneous Relief

Confidentiality Order

Rule 26(f) Report