Case: Franklin v. Beshear

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Eastern District of Kentucky

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $400; receipt number 0643-2724379), filed by Kimberly Franklin, Sue Carol Perry. (Attachments: # 1 Case Assignment, # 2 Exhibit - Marriage Certificate, # 3 Summons)(CBD) Modified text to match caption on 8/19/2013 (CBD). [Transferred from kyed on 10/2/2013.] (Entered: 08/19/2013)

1 Case Assignment

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2 Exhibit - Marriage Certificate

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3 Summons

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Summons Issued as to Steve Breshear, Jack Conway, Sue Carol Perry; Summons issued and returned to counsel by U.S. Mail for service by Kentucky Secretary of State. (CBD) [Transferred from kyed on 10/2/2013.] (Entered: 08/19/2013)

NOTICE TO ATTORNEY Dawn Elliott by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Attorney Routing Form)(CBD) [Transferred from kyed on 10/2/2013.] (Entered: 08/27/2013)

1 Attorney Routing Form

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CERTIFIED MAIL RECEIPTS to Kentucky Secretary of State received 8/26/2013 re 2 Summons Issued. (CBD) (Main Document 4 replaced with same image minus extra blank page on 9/5/2013) (CBD). [Transferred from kyed on 10/2/2013.] (Entered: 08/27/2013)

NOTICE by Tamera Boyd re 1 Complaint, of corrected summons (Attachments: # 1 Summons)(Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 08/30/2013)

1 Summons

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Summons Returned Unexecuted by Tamera Boyd as to Sue Carroll and Jack Conway. (Fauver, Shannon) Modified by adding text to better describe pleading on 9/3/2013 (AKR). [Transferred from kyed on 10/2/2013.] (Entered: 08/30/2013)

Summons Returned Unexecuted by Kimberly Franklin as to Steve Breshear. (Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 09/03/2013)

Summons Issued as to Steve Breshear; Summons issued and returned to counsel electronically. (AKR) [Transferred from kyed on 10/2/2013.] (Entered: 09/03/2013)

Summons Issued as to Jack Conway; Summons issued and returned to counsel electronically. (AKR) [Transferred from kyed on 10/2/2013.] (Entered: 09/03/2013)

Summons Issued as to Sue Carroll; Summons issued and returned to counsel electronically. (AKR) [Transferred from kyed on 10/2/2013.] (Entered: 09/03/2013)

SUMMONS Returned Executed by Tamera Boyd via Process Server to Sue Carol Perry served on 9/4/2013, answer due 9/25/2013. (Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 09/06/2013)

SUMMONS Returned Executed by Tamera Boyd via Process Server to Jack Conway served on 9/4/2013, answer due 9/25/2013. (Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 09/06/2013)

SUMMONS Returned Executed by Tamera Boyd via Process Server to Steve Breshear served on 9/4/2013, answer due 9/25/2013. (Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 09/06/2013)

MOTION to Dismiss for failure to state a claim by Sue Carol Perry (Attachments: # 1 Memorandum in Support of Defendant's Motion to Dismiss, # 2 Proposed Order Granting Defendant's Motion to Dismiss)(Gadansky, Chris)[Transferred from kyed on 10/2/2013.] Modified on 10/21/2013 untermed motion per ARM (TLB). (Entered: 09/25/2013)

1 Memorandum in Support of Defendant's Motion to Dismiss

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2 Proposed Order Granting Defendant's Motion to Dismiss

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JOINT MOTION to Change Venue by Tamera Boyd, Kimberly Franklin, Sue Carol Perry, Steve Breshear, Jack Conway (Attachments: # 1 Proposed Order)(Barkley, Clay) Modified by adding all filers and text to better describe pleading on 9/26/2013 (AKR). [Transferred from kyed on 10/2/2013.] (Entered: 09/25/2013)

1 Proposed Order

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ANSWER to 1 Complaint, by Steve Breshear, Jack Conway.(Barkley, Clay) [Transferred from kyed on 10/2/2013.] (Entered: 09/25/2013)

NOTICE OF FILING by Steve Breshear, Jack Conway re 16 Answer to Complaint Certificate of Service (Barkley, Clay) [Transferred from kyed on 10/2/2013.] (Entered: 10/02/2013)

ORDER: The Court being sufficiently advised, this case is hereby transferred, in the interest of justice and for the convenience of the parties and witnesses pursuant to 28 USC § 1404, to the Western District of Kentucky, to be consolidated with the earlier filed and currently pending case of Bourke, et al. v. Steve Beshear, et aI., No.3: 13-CV -750. This transfer includes all pleadings filed to date. It is so ordered (AKR)cc: COR [Transferred from kyed on 10/2/2013.] (Entered: 10/02/2013)

Case transferred in from District of Kentucky Eastern; Case Number 3:13-cv-00051. Original file certified copy of transfer order and docket sheet received. (JBM) (Entered: 10/02/2013)

1 *Restricted*

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Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. Magistrate designation: Dave Whalin. (JBM) (Entered: 10/02/2013)

ORDER REASSIGNING CASE. Case reassigned to Judge John G. Heyburn, II for all further proceedings. Senior Judge Thomas B. Russell no longer assigned to case.cc:counsel (MM) (Entered: 10/08/2013)

ORDER by Judge John G. Heyburn, II on 10/17/2013. Telephonic Status Conference held on 10/10/2013. IT IS HEREBY ORDERED any dispositive motions can be filed on or before 11/25/2013, with responses to be filed on or before 12/16/2013. Normal reply times shall apply in accordance with the Local Rules of the Western District of Kentucky. The matters will then be submitted before the Court. cc: Counsel (TJD) (Entered: 10/18/2013)

ORDER by Judge John G. Heyburn, II on 2/11/2014 Dismissing Case Without Prejudice.cc:counsel (DAK) (Entered: 02/12/2014)