Case: United States v. Fayette County

United States of America v. Fayette County

COMPLAINT against All Defendants, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Williams, Sarah Pazar) (Entered: 01/15/2025)

1 Civil Cover Sheet

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Judge Mark S. Norris and Magistrate Judge Charmiane G. Claxton added. (jae) (Entered: 01/16/2025)

NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) (Entered: 01/16/2025)

Notice LR 72.1 - Right to Consent to Jurisdiction by Magistrate Judge

Notice LR 16.2

ADR Compliance

NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) (Entered: 01/16/2025)

NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) (Entered: 01/16/2025)

NOTICE of Summons by Sarah Pazar Williams on behalf of United States of America. (Attachments: # 1 Summons)(Williams, Sarah Pazar) (Entered: 01/16/2025)

Summons Issued as to Fayette County Board of Commissioners, Fayette County, Tennessee. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (mf) (Entered: 01/16/2025)

AFFIDAVIT by United States of America. (Attachments: # 1 Affidavit Green Cards, # 2 Affidavit USPS Tracking Information)(Williams, Sarah Pazar) (Entered: 01/22/2025)

AFFIDAVIT by United States of America. (Attachments: # 1 Affidavit Green Cards, # 2 Affidavit USPS Tracking Information)(Williams, Sarah Pazar) (Entered: 01/22/2025)

Notice of Correction to 9 Affidavit, 8 Affidavit . (Williams, Sarah Pazar) (Entered: 01/22/2025)

AFFIDAVIT of Service for Complaint served on Fayette County Board of County Commissioners on January 21, 2025, filed by United States of America. (Attachments: # 1 Affidavit Green Cards, # 2 Affidavit USPS Tracking Information)(Williams, Sarah Pazar) (Entered: 01/22/2025)

AFFIDAVIT of Service for Complaint served on Fayette County on January 21, 2025, filed by United States of America. (Attachments: # 1 Green Cards, # 2 USPS Tracking Information)(Williams, Sarah Pazar) (Entered: 01/22/2025)

NOTICE of Appearance by James I. Pentecost on behalf of Fayette County Board of Commissioners, Fayette County, Tennessee (Pentecost, James) (Entered: 02/10/2025)

NOTICE of Appearance by Haynes T. Russell on behalf of Fayette County Board of Commissioners, Fayette County, Tennessee (Russell, Haynes) (Entered: 02/10/2025)

MOTION for Extension of Time to File Answer re 1 Complaint proposed order submitted by Fayette County Board of Commissioners, Fayette County, Tennessee. (Pentecost, James) (Entered: 02/20/2025)

Order on Motion for Extension of Time to Answer

[**TEXT ORDER ONLY - NO DOCUMENT ATTACHED**] ORDER GRANTING 15 DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING. Defendants request an extension of time to file a responsive pleading, stating that further factual investigation is necessary and that Plaintiff does not oppose the request. For good cause shown, Defendants' motion is well-taken and hereby GRANTED. Defendants shall have up to and including March 28, 2025, to file their responsive pleading. IT IS SO ORDERED. Signed by Judge Mark S. Norris on 02/20/2025. (Norris, mark) (Entered: 02/20/2025)

SETTING LETTER: Scheduling Conference set for Thursday, 04/17/2025 at 10:00 AM in Courtroom 4 - Memphis before Judge Mark S. Norris. (zsf) (Entered: 02/27/2025)

NOTICE of Appearance by Jacki Anderson on behalf of United States of America (Anderson, Jacki) (Entered: 03/11/2025)

NOTICE of Appearance by Tharuni Jayaraman on behalf of United States of America (Jayaraman, Tharuni) (Entered: 03/11/2025)

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 18 Notice of Appearance filed by United States of America has been filed. For future reference, please note case pleadings should be sign using an electronic signature. Please refer to the ECF User Manual and ECF Policies and Procedures. Filer is not required to resubmit document. (mf) (Entered: 03/12/2025)

Courtesy Notice

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 19 Notice of Appearance filed by United States of America has been filed. For future reference, please note case pleadings should be sign using an electronic signature. Please refer to the ECF User Manual and ECF Policies and Procedures. Filer is not required to resubmit document. (mf) (Entered: 03/12/2025)

SETTING LETTER: Scheduling Conference RESET on Thursday, 04/24/2025 at 09:30 AM in Courtroom 4 - Memphis before Judge Mark S. Norris. (zsf) (Entered: 03/13/2025)

Second MOTION for Extension of Time to File Answer re 16 Order on Motion for Extension of Time to Answer,, 1 Complaint (proposed order submitted) by Fayette County Board of Commissioners, Fayette County, Tennessee. (Pentecost, James) (Entered: 03/25/2025)

Order on Motion for Extension of Time to Answer

[**TEXT ORDER ONLY - NO DOCUMENT ATTACHED**] ORDER GRANTING 23 DEFENDANTS' SECOND MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING. Defendants request an additional extension of time to file a responsive pleading, citing the need for continued investigation into the allegations and recent time constraints faced by counsel. Defendants represent that Plaintiff does not oppose the Motion. For good cause shown, Defendants' Motion is well-taken and hereby GRANTED. Defendants shall have up to and including April 7, 2025, to file their responsive pleading. IT IS SO ORDERED. Signed by Judge Mark S. Norris on 03/25/2025. (Norris, Mark) (Entered: 03/25/2025)

ANSWER to 1 Complaint by Fayette County, Tennessee.(Pentecost, James) (Entered: 04/07/2025)

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-4666556) by All Defendants. (Attachments: # 1 Exhibit VA Certificate of Good Standing)(Torchinsky, Jason) Modified /on 4/17/2025 (jml). Document untermed per chambers 04/17/2025 (Entered: 04/15/2025)

1 Exhibit VA Certificate of Good Standing

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DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 26 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-4666556) filed by Fayette County Board of Commissioners, Fayette County, Tennessee has been filed. However, the following deficiency has been found: the attached motion should have a certificate of good standing from the highest state court in addition to one from a district court. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (mf) (Entered: 04/16/2025)

Deficiency Notice

Notice of Correction to 26 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-4666556) . (Torchinsky, Jason) (Entered: 04/16/2025)

ORDER granting 26 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Mark S. Norris on 04/16/2025. (msn) (Entered: 04/17/2025)

REPORT of Rule 26(f) Planning Meeting . (Jayaraman, Tharuni) (Entered: 04/17/2025)

MOTION to Stay proposed order submitted by Fayette County, Tennessee. (Attachments: # 1 Affidavit of Rhea Taylor)(Pentecost, James) (Entered: 04/23/2025)

1 Affidavit of Rhea Taylor

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Minute Entry for proceedings held before Judge Mark S. Norris: Scheduling Conference held on 4/24/2025. Sarah Williams and Tharuni Jayaraman appearing for the Plaintiff. James Pentecost appearing for the Defense. Plaintiff consents to defense's Motion to Stay 31 . The Court grants the motion for the reasons stated on the record. Order to be entered. (Court Reporter: Candace Covey) (btg) (Entered: 04/24/2025)

Scheduling Conference

ORDER GRANTING 31 DEFENDANT'S MOTION TO STAY. Signed by Judge Mark S. Norris on 04/24/2025. (Norris, Mark) (Entered: 04/24/2025)

MOTION to Substitute Attorney proposed order submitted by United States of America. (Jayaraman, Tharuni) (Entered: 05/12/2025)

Order on Motion to Substitute Attorney

[**TEXT ORDER ONLY - NO DOCUMENT ATTACHED**] ORDER GRANTING 34 PLAINTIFF'S UNOPPOSED MOTION FOR SUBSTITUTION OF COUNSEL. The United States requests that James T. Tucker be substituted as Lead Counsel for the United States, with Jacki Anderson and Tharuni Jayaraman withdrawn as counsel and removed from the service distribution list. Defendants do not object. For good cause shown, the Motion is well-taken and hereby GRANTED. IT IS SO ORDERED. Signed by Judge Mark S. Norris on 05/12/2025. (Norris, Mark) (Entered: 05/12/2025)

STATUS REPORT Joint by Fayette County Board of Commissioners, Fayette County, Tennessee. (Torchinsky, Jason) (Entered: 05/23/2025)

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 36 Status Report filed by Fayette County Board of Commissioners, Fayette County, Tennessee has been filed. However, the following deficiency has been found: signature for the certificate of service differs from the CM/ECF user login credentials. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (mf) (Entered: 05/27/2025)

Deficiency Notice

STATUS REPORT Joint by Fayette County Board of Commissioners, Fayette County, Tennessee. (Torchinsky, Jason) (Entered: 05/27/2025)

STATUS REPORT by Fayette County Board of Commissioners, Fayette County, Tennessee. (Torchinsky, Jason) (Entered: 06/23/2025)