1
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VERIFIED COMPLAINT FOR DECLARATORY RELIEF, TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELEIF, AND DAMAGES against Andy Beshear, filed by Jack Roberts, Maryville Baptist Church, Inc.. (Attachments: # 1 Cover Sheet, # 2 Exhibit A - Executive Order, # 3 Exhibit B - 3-16-20 Order, # 4 Exhibit C - 3-17-20 Order, # 5 Exhibit D - 3-19-20 Order, # 6 Exhibit E - 3-22-20 Order, # 7 Exhibit F - 3-25-20 Order, # 8 Exhibit G - CISA Guidance, # 9 Exhibit H - Press Release, # 10 Exhibit I - Declaration of David Carr, # 11 Exhibit J - State Police Notice, # 12 Exhibit K - Letter from 4-14-20, # 13 Exhibit L - State of Florida Executive Order, # 14 Exhibit M - Indiana Executive Order, # 15 Exhibit N - State of Arizona Executive Order, # 16 Exhibit O - Alabama Executive Order, # 17 Exhibit P - State of Arkansas Executive Order, # 18 Exhibit Q - State of Connecticut Executive Order) (DJT) (Entered: 04/17/2020)
1 Cover Sheet
View on PACER
2 Exhibit A - Executive Order
View on PACER
3 Exhibit B - 3-16-20 Order
View on PACER
4 Exhibit C - 3-17-20 Order
View on PACER
5 Exhibit D - 3-19-20 Order
View on PACER
6 Exhibit E - 3-22-20 Order
View on PACER
7 Exhibit F - 3-25-20 Order
View on PACER
8 Exhibit G - CISA Guidance
View on PACER
9 Exhibit H - Press Release
View on PACER
10 Exhibit I - Declaration of David Carr
View on PACER
11 Exhibit J - State Police Notice
View on PACER
12 Exhibit K - Letter from 4-14-20
View on PACER
13 Exhibit L - State of Florida Executive Order
View on PACER
14 Exhibit M - Indiana Executive Order
View on PACER
15 Exhibit N - State of Arizona Executive Order
View on PACER
16 Exhibit O - Alabama Executive Order
View on PACER
17 Exhibit P - State of Arkansas Executive Order
View on PACER
18 Exhibit Q - State of Connecticut Executive Order
View on PACER
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April 17, 2020
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April 17, 2020
PACER
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2
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Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (DJT) (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
PACER
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3
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EMERGENCY MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (DJT) (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
PACER
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4
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Summons Issued as to Andy Beshear. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). Summons emailed to counsel this date for service. (DJT) (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
PACER
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5
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MOTION to Appear Pro Hac Vice as to Mathew D. Staver Filing fee $ 125. by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (DJT) (Entered: 04/17/2020)
1 Exhibit Certificate of Good Standing
View on PACER
2 Proposed Order
View on PACER
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April 17, 2020
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April 17, 2020
PACER
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6
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MOTION for Daniel Schmid to Appear Pro Hac Vice Filing fee $ 125. by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (DJT) (Entered: 04/17/2020)
1 Exhibit Certificate of Good Standing
View on PACER
2 Proposed Order
View on PACER
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April 17, 2020
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April 17, 2020
PACER
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7
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MOTION for Horatio G. Mihet to Appear Pro Hac Vice Filing fee $ 125. by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (DJT) (Entered: 04/17/2020)
1 Exhibit Certificate of Good Standing
View on PACER
2 Proposed Order
View on PACER
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April 17, 2020
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April 17, 2020
PACER
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8
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MOTION for Roger K. Gannam to Appear Pro Hac Vice Filing fee $ 125. by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (DJT) (Entered: 04/17/2020)
1 Exhibit Certificate of Good Standing
View on PACER
2 Proposed Order
View on PACER
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April 17, 2020
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April 17, 2020
PACER
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9
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ORDER Signed by Judge David J. Hale on 4/18/2020. Plaintiffs' Motion for Temporary Restraining Order (D.N. 3 ) is DENIED. This matter will be set for a telephonic status conference by subsequent order. During the conference, the Court will set an expedited briefing and hearing schedule on the motion for preliminary injunction. (KD) (Entered: 04/18/2020)
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April 18, 2020
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April 18, 2020
RECAP
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11
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MOTION to Reassign Case by Plaintiffs Maryville Baptist Church, Inc. and Jack Roberts. (KD) (Additional attachment(s) added on 4/23/2020: # 1 Proposed Order) (KD). (Entered: 04/21/2020)
1 Proposed Order
View on PACER
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April 20, 2020
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April 20, 2020
PACER
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10
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TEXT ORDER Signed by Judge David J. Hale on 4/21/2020 granting 5 Motion for Mathew D. Staver to Appear Pro Hac Vice ; granting 6 Motion for Daniel Schmid to Appear Pro Hac Vice ; granting 7 Motion for Horatio G. Mihet to Appear Pro Hac Vice ; granting 8 Motion for Roger K. Gannam to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 04/21/2020)
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April 21, 2020
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April 21, 2020
PACER
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Order on Motion to Appear Pro Hac Vice
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April 21, 2020
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April 21, 2020
PACER
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Filing Fee Received
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April 21, 2020
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April 21, 2020
PACER
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Filing fee: $ 900.00, receipt number L33063592 CIVIL COMPLAINT FILING FEE AND 4 PHV MOTIONS by Maryville Baptist Church, Inc., Jack Roberts. (JLP)
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April 21, 2020
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April 21, 2020
PACER
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12
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SUMMONS Returned Executed by Jack Roberts, Maryville Baptist Church, Inc.. Andy Beshear served on 4/21/2020, answer due 5/12/2020. (Schmid, Daniel) (Entered: 04/22/2020)
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April 22, 2020
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April 22, 2020
PACER
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13
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Proposed Order GRANTING re 11 MOTION to Reassign Case by Maryville Baptist Church, Inc., Jack Roberts. (Schmid, Daniel) (Entered: 04/22/2020)
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April 22, 2020
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April 22, 2020
PACER
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14
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TEXT ORDER by Judge David J. Hale on 4/23/2020; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Regina S. Edwards, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Edwards is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT) (Entered: 04/23/2020)
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April 23, 2020
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April 23, 2020
PACER
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Order - TEXT ONLY
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April 23, 2020
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April 23, 2020
PACER
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15
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NOTICE of Appearance by Steven T. Mayo on behalf of Andy Beshear (Mayo, Steven) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
PACER
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16
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NOTICE OF APPEAL (Interlocutory) as to 9 Order on Motion for TRO, by Maryville Baptist Church, Inc., Jack Roberts. Filing fee $ 505, receipt number 0644-3090236. (Gannam, Roger) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
RECAP
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17
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Emergency MOTION for Preliminary Injunction Pending Appeal by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Proposed Order) (Gannam, Roger) (Entered: 04/24/2020)
1 Proposed Order
View on PACER
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April 24, 2020
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April 24, 2020
PACER
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18
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USCA 6th Circuit Case Number 20-5427 for 16 Notice of Interlocutory Appeal filed by Jack Roberts, Maryville Baptist Church, Inc. (SMJ) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
PACER
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19
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TEXT ORDER by Magistrate Judge Regina S. Edwards on 4/28/2020. On the Court's motion, a Telephonic Conference is scheduled for 4/30/2020 at 1:30 PM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall dial in to 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
PACER
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Order - TEXT ONLY
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April 28, 2020
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April 28, 2020
PACER
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20
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MOTION for Leave to File Amicus Curiae Brief by Amicus Commonwealth of Kentucky (Attachments: # 1 Proposed Order, # 2 Exhibit Tendered Amicus Curiae Brief) (Dunn, Barry) (Entered: 04/29/2020)
1 Proposed Order
View on PACER
2 Exhibit Tendered Amicus Curiae Brief
View on PACER
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April 29, 2020
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April 29, 2020
PACER
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21
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NOTICE of Supplemental Fact Development by Andy Beshear (Mayo, Steven) (Entered: 04/30/2020)
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April 30, 2020
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April 30, 2020
PACER
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23
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ORDER of USCA 6th Circuit: PER CURIAM ORDER. The plaintiffs' motion for an injunction pending appeal, and their motion to expedite briefing, oral argument and submission on the briefs, is GRANTED IN PART. The Governor and all other Commonwealth officials are hereby enjoined, during the pendency of this appeal, from enforcing orders prohibiting drive-in services at the Maryville Baptist Church if the Church, its ministers, and its congregants adhere to the public health requirements mandated for "life-sustaining" entities. Jeffrey S. Sutton, David W. McKeague, and John B. Nalbandian, Circuit Judges. (Attachments: # 1 cover letter) (SMJ) (Entered: 05/04/2020)
1 cover letter
View on PACER
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May 2, 2020
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May 2, 2020
PACER
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22
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Order for proceedings held before Magistrate Judge Regina S. Edwards: Telephone Conference held on 4/30/2020. Re 17 Emergency MOTION for Preliminary Injunction Pending Appeal. Responses due by 5/6/2020. Replies due by 5/8/2020. cc:counsel (KJA) (Entered: 05/03/2020)
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May 3, 2020
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May 3, 2020
PACER
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24
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ORDER by Judge David J. Hale on 5/4/2020 - Telephonic Status Conference set for 5/4/2020 at 3:00 p.m. before Judge David J. Hale. The Court's deputy clerk will contact counsel with call-in information. The parties shall be prepared to revisit the briefing schedule previously set in this matter and to discuss the necessity of creating a record to aid in the appellate process. (KD) (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
PACER
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25
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Emergency MOTION for Preliminary Injunction Pending Appeal (Renewed ECF 17) by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit A - 6th Circuit IPA Motion, # 2 Exhibit B - 6th Circuit IPA Motion Response, # 3 Exhibit C - Declaration of Dr. Jack Roberts) (Gannam, Roger) (Entered: 05/04/2020)
1 Exhibit A - 6th Circuit IPA Motion
View on PACER
2 Exhibit B - 6th Circuit IPA Motion Response
View on PACER
3 Exhibit C - Declaration of Dr. Jack Roberts
View on PACER
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May 4, 2020
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May 4, 2020
PACER
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26
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NOTICE from USCA 6th Circuit re 23 USCA Order. PUBLISHED ORDER filed. GRANTED IN PART. Decision for publication. Jeffrey S. Sutton, David W. McKeague, and John B. Nalbandian, Circuit Judges. *This decision was originally filed as an unpublished order on May 2, 2020. The court has now designated the order for publication. The date the decision is deemed to have been filed remains May 2, 2020. (Attachments: # 1 cover letter) (SMJ) (Entered: 05/04/2020)
1 cover letter
View on PACER
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May 4, 2020
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May 4, 2020
PACER
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27
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MEMORANDUM OF CONFERENCE AND ORDER for proceedings held before Judge David J. Hale: Telephonic Status Conference held on 5/4/2020. Telephonic Status Conference set for 5/5/2020 at 3:00 p.m. before Judge David J. Hale. The Court's deputy clerk will contact counsel with call-in information. (Court Reporter: Dena Legg) (KD) (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
PACER
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28
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MEMORANDUM OF CONFERENCE AND ORDER for proceedings held before Judge David J. Hale: Telephonic Status Conference held on 5/5/2020. The parties' stipulation of facts shall be filed no later than 12:00 p.m. Wednesday, 5/6/2020. Defendant's response brief shall be filed no later than 1:00 p.m. Wednesday, 5/6/2020. Plaintiffs' reply brief shall be filed no later than 1:00 p.m. Thursday, 5/7/2020. (Court Reporter: Dena Legg.) cc: counsel (JM) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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Settlement Conference
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May 5, 2020
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May 5, 2020
PACER
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Proceedings held before Magistrate Judge Regina S. Edwards: Settlement Conference held on 5/5/2020. No order per RSE. (AEH)
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May 5, 2020
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May 5, 2020
PACER
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29
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STIPULATION re 28 Telephone Conference,, Schedules - Motion and R&R Deadlines, (Stipulation of Facts Not in Dispute) by Maryville Baptist Church, Inc., Jack Roberts. (Gannam, Roger) (Entered: 05/06/2020)
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May 6, 2020
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May 6, 2020
PACER
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30
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MOTION for Leave to Exceed Page Limit by Defendant Andy Beshear (Attachments: # 1 Proposed Order Proposed Order) (Payne, Taylor) (Entered: 05/06/2020)
1 Proposed Order Proposed Order
View on PACER
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May 6, 2020
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May 6, 2020
PACER
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31
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RESPONSE to Motion re 25 Emergency MOTION for Preliminary Injunction Pending Appeal (Renewed ECF 17) filed by Andy Beshear. (Attachments: # 1 Exhibit Exhibit A - Court Order, # 2 Exhibit Exhibit B - Stack Affidavit, # 3 Exhibit Exhibit C - Tourism Order, # 4 Exhibit Exhibit D - Burnett Declaration, # 5 Exhibit Exhibit E - Perry Declaration, # 6 Exhibit Exhibit F - Court Order, # 7 Exhibit Exhibit G - Court Order) (Mayo, Steven) (Entered: 05/06/2020)
1 Exhibit Exhibit A - Court Order
View on PACER
2 Exhibit Exhibit B - Stack Affidavit
View on PACER
3 Exhibit Exhibit C - Tourism Order
View on PACER
4 Exhibit Exhibit D - Burnett Declaration
View on PACER
5 Exhibit Exhibit E - Perry Declaration
View on PACER
6 Exhibit Exhibit F - Court Order
View on PACER
7 Exhibit Exhibit G - Court Order
View on PACER
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May 6, 2020
|
May 6, 2020
PACER
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32
|
REPLY to Response to Motion re 25 Emergency MOTION for Preliminary Injunction Pending Appeal (Renewed ECF 17) filed by Maryville Baptist Church, Inc., Jack Roberts. (Gannam, Roger) (Entered: 05/07/2020)
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May 7, 2020
|
May 7, 2020
PACER
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33
|
MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Andy Beshear (Attachments: # 1 Memorandum in Support Memorandum, # 2 Exhibit Exhibit A to Memorandum, # 3 Exhibit Exhibit B to Memorandum, # 4 Proposed Order Proposed Order) (Payne, Taylor) (Entered: 05/08/2020)
1 Memorandum in Support Memorandum
View on RECAP
2 Exhibit Exhibit A to Memorandum
View on PACER
3 Exhibit Exhibit B to Memorandum
View on PACER
4 Proposed Order Proposed Order
View on PACER
|
May 8, 2020
|
May 8, 2020
PACER
|
34
|
NOTICE of Filing of Supplemental Fact Development by Andy Beshear (Attachments: # 1 Exhibit Exhibit A - Places of Worship) (Mayo, Steven) (Entered: 05/08/2020)
1 Exhibit Exhibit A - Places of Worship
View on PACER
|
May 8, 2020
|
May 8, 2020
PACER
|
35
|
ORDER Signed by Judge David J. Hale on 5/8/2020 - Plaintiffs' renewed motion for injunction pending appeal (D.N. 25 ) is GRANTED as to in-person services. Given that the same issues are raised in Plaintiffs' initial motion for preliminary injunction, that motion (D.N. 3 ) is likewise GRANTED. Plaintiffs' initial motion for injunction pending appeal (D.N. 17 ) and motion for reassignment (D.N. 11 ) are DENIED as moot. The Governor's motion to exceed the page limit (D.N. 30 ) and the motion of the Commonwealth of Kentucky for leave to file an amicus brief (D.N. 20 ) are GRANTED. If necessary, the Court will set by subsequent order a briefing schedule on the Governor's motion to dismiss and a hearing on Plaintiffs' request for permanent injunction. (KD) (Entered: 05/08/2020)
|
May 8, 2020
|
May 8, 2020
PACER
|
37
|
NOTICE from USCA 6th Circuit re pending motions: The court requests the plaintiffs in both cases to indicate by 3:00 PM today, May 8, 2020, whether they wish any pending motions, or motions that may be filed in the future, to be resolved before May 10, 2020. Jeffrey S. Sutton, David W. McKeague, and John B. Nalbandian, Circuit Judges. [20-5427, 20-5465]. (Attachments: # 1 cover letter) (SMJ) (Entered: 05/11/2020)
1 cover letter
View on PACER
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May 8, 2020
|
May 8, 2020
PACER
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36
|
NOTICE of Filing of Supplemental Authority by Andy Beshear (Attachments: # 1 Exhibit Exhibit A - 5-9-2020 CHFS Order) (Mayo, Steven) (Entered: 05/10/2020)
1 Exhibit Exhibit A - 5-9-2020 CHFS Order
View on PACER
|
May 10, 2020
|
May 10, 2020
PACER
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38
|
Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, Amended MOTION to Dismiss for Lack of Jurisdiction by Defendant Andy Beshear (Attachments: # 1 Memorandum in Support Memorandum in Support of First Amended Motion to Dismiss, # 2 Proposed Order Proposed Order - First Amended Motion to Dismiss) (Mayo, Steven) (Entered: 05/12/2020)
1 Memorandum in Support Memorandum in Support of First Amended Motion to Dismiss
View on PACER
2 Proposed Order Proposed Order - First Amended Motion to Dismiss
View on PACER
|
May 12, 2020
|
May 12, 2020
PACER
|
39
|
Emergency MOTION for Clarification of Injunction (ECF 35), Alternative MOTION for Hearing (Status Conference) by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Roberts v. Neace Injunction Pending Appeal) (Gannam, Roger) (Entered: 05/12/2020)
1 Roberts v. Neace Injunction Pending Appeal
View on PACER
|
May 12, 2020
|
May 12, 2020
PACER
|
40
|
Proposed Order re 39 Emergency MOTION for Clarification of Injunction (ECF 35)Alternative MOTION for Hearing (Status Conference) by Maryville Baptist Church, Inc., Jack Roberts. (Gannam, Roger) (Entered: 05/13/2020)
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May 13, 2020
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May 13, 2020
PACER
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|
Settlement Conference
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May 13, 2020
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May 13, 2020
PACER
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41
|
ORDER Signed by Judge David J. Hale on 5/13/2020 - Plaintiffs' emergency motion for clarification or status conference (D.N. 39 ) is DENIED. (KD) (Entered: 05/13/2020)
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May 13, 2020
|
May 13, 2020
PACER
|
42
|
Proposed Agreed Order Extending Deadline for Consolidated Response to Defendant's Motion to Dismiss and First Amended Motion to Dismiss by Commonwealth of Kentucky, Maryville Baptist Church, Inc., Jack Roberts. (Mihet, Horatio) (Entered: 05/28/2020)
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May 28, 2020
|
May 28, 2020
PACER
|
43
|
Proposed Agreed Order Extending Deadline for Consolidated Response to Defendant's Motion to Dismiss and First Amended Motion to Dismiss, to and Including June 17, 2020 by Maryville Baptist Church, Inc., Jack Roberts. (Mihet, Horatio) (Entered: 06/10/2020)
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June 10, 2020
|
June 10, 2020
PACER
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44
|
SECOND AGREED ORDER EXTENDING BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS AND AMENDED MOTION TO DISMISS signed by Magistrate Judge Regina S. Edwards on 6/11/2020; re 43 Proposed Agreed Order. cc: Counsel (ALS) (Entered: 06/11/2020)
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June 11, 2020
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June 11, 2020
PACER
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45
|
RESPONSE to Motion re 38 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended MOTION to Dismiss for Lack of Jurisdiction, 33 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maryville Baptist Church, Inc., Jack Roberts. (Mihet, Horatio) (Entered: 06/17/2020)
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June 17, 2020
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June 17, 2020
PACER
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46
|
MOTION Dissolve Preliminary Injunction and Injunction Pending Appeal by Defendant Andy Beshear (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Proposed Order Proposed Order) (Payne, Taylor) (Entered: 06/29/2020)
1 Memorandum in Support Memorandum in Support
View on RECAP
2 Proposed Order Proposed Order
View on PACER
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June 29, 2020
|
June 29, 2020
PACER
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47
|
Proposed Agreed Order For Extension of Time To File Reply Brief by Andy Beshear. (Payne, Taylor) (Entered: 07/06/2020)
|
July 6, 2020
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July 6, 2020
PACER
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48
|
AGREED ORDER OF EXTENSION AS TO DEFENDANT'S TIME TO FILE A REPLY IN SUPPORT OF THE AMENDED MOTION TO DISMISS Signed by Magistrate Judge Regina S. Edwards on 7/8/2020, granting 47 - Defendant may file the Reply in support of the Amended Motion to Dismiss on or before July 13, 2020. (KD) (Entered: 07/08/2020)
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July 8, 2020
|
July 8, 2020
RECAP
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49
|
REPLY to Response to Motion re 38 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended MOTION to Dismiss for Lack of Jurisdiction filed by Andy Beshear. (Payne, Taylor) (Entered: 07/13/2020)
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July 13, 2020
|
July 13, 2020
PACER
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50
|
RESPONSE to Motion re 46 MOTION Dissolve Preliminary Injunction and Injunction Pending Appeal filed by Maryville Baptist Church, Inc., Jack Roberts. (Schmid, Daniel) (Entered: 07/20/2020)
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July 20, 2020
|
July 20, 2020
PACER
|
51
|
REPLY to Response to Motion re 46 MOTION Dissolve Preliminary Injunction and Injunction Pending Appeal filed by Andy Beshear. (Payne, Taylor) (Entered: 08/03/2020)
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Aug. 3, 2020
|
Aug. 3, 2020
PACER
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52
|
FILING OF OFFICIAL TRANSCRIPT of Telephonic Scheduling Conference held on 05/04/2020, before Judge David J. Hale. Court Reporter Dena Legg, Telephone number 502-625-3778. 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. Redaction Request due 8/27/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/4/2020. (DL) (Entered: 08/06/2020)
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Aug. 6, 2020
|
Aug. 6, 2020
PACER
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53
|
FILING OF OFFICIAL TRANSCRIPT of Telephonic Scheduling Conference held on 05/05/2020, before Judge David J. Hale. Court Reporter Dena Legg, Telephone number 502-625-3778. 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. Redaction Request due 8/27/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/4/2020. (DL) (Entered: 08/06/2020)
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Aug. 6, 2020
|
Aug. 6, 2020
PACER
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54
|
Notice of Filing Official Transcript re 53 Transcript - Court Official,, 52 Transcript - Court Official,,. Please review the complete Notice for instructions. (DL) (Entered: 08/06/2020)
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Aug. 6, 2020
|
Aug. 6, 2020
PACER
|
55
|
ORDER Signed by Judge David J. Hale on 10/3/2020 - The initial motion to dismiss (D.N. 33 ) is DENIED as moot. This matter is STAYED pending resolution of the appeal currently before the Sixth Circuit. (KD) (Entered: 10/05/2020)
|
Oct. 5, 2020
|
Oct. 5, 2020
RECAP
|
56
|
NOTICE from USCA 6th Circuit: ORDER filed GRANTING unopposed motion to enlarge oral argument time by 10 minutes per side. (Attachments: # 1 cover letter) (SMJ) (Entered: 10/13/2020)
1 cover letter
View on PACER
|
Oct. 9, 2020
|
Oct. 9, 2020
PACER
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57
|
USCA 6th Circuit PER CURIAM OPINION and JUDGMENT filed: The appeal of Maryville Baptist Church and Dr. Jack Roberts (No. 20-5427) is DISMISSED for lack of jurisdiction, and the appeal of Theodore Roberts, Randall Daniel, and Sally O'Boyle (No. 20-5465) is REMANDED for resolution of the mootness question in the first instance. Jeffrey S. Sutton, David W. McKeague, and John B. Nalbandian, Circuit Judges. [20-5427, 20-5465] MANDATE TO ISSUE. (Attachments: # 1 Opinion, # 2 cover letter) (SMJ) (Entered: 10/23/2020)
1 Opinion
View on RECAP
2 cover letter
View on PACER
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Oct. 19, 2020
|
Oct. 19, 2020
PACER
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58
|
ORDER Signed by Judge David J. Hale on 1/14/2021 denying without prejudice 38 Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction, and 46 Motion to Dissolve Preliminary Injunction and Injunction Pending Appeal. Within fourteen (14) days of entry of this Order, the parties shall file briefs addressing the issue of mootness. Responses shall be filed within ten (10) days thereafter. Briefs shall not exceed fifteen (15) pages in length. cc: Counsel (DLW) (Entered: 01/14/2021)
|
Jan. 14, 2021
|
Jan. 14, 2021
RECAP
|
59
|
NOTICE of Appearance by Mitchel Terence Denham on behalf of Andy Beshear (Denham, Mitchel) (Entered: 01/28/2021)
|
Jan. 28, 2021
|
Jan. 28, 2021
PACER
|
60
|
RESPONSE to 58 Order, filed by Andy Beshear. (Attachments: # 1 Exhibit A - Ky. Exec. Order) (Denham, Mitchel) (Entered: 01/28/2021)
1 Exhibit A - Ky. Exec. Order
View on PACER
|
Jan. 28, 2021
|
Jan. 28, 2021
PACER
|
61
|
BRIEF ADDRESSING WHY THIS CASE IS NOT MOOT re 58 Order, by Maryville Baptist Church, Inc., Jack Roberts. (Gannam, Roger) (Entered: 01/28/2021)
|
Jan. 28, 2021
|
Jan. 28, 2021
PACER
|
62
|
RESPONSE re 61 Brief Plaintiffs' Brief Addressing Mootness filed by Andy Beshear. (Denham, Mitchel) (Entered: 02/08/2021)
|
Feb. 8, 2021
|
Feb. 8, 2021
PACER
|
63
|
RESPONSE re 60 Response filed by Maryville Baptist Church, Inc., Jack Roberts. (Attachments: # 1 Exhibit A - Excerpt from Transcript of Sixth Circuit Oral Argument) (Gannam, Roger) (Entered: 02/08/2021)
1 Exhibit A - Excerpt from Transcript of Sixth Circuit Oral Argument
View on PACER
|
Feb. 8, 2021
|
Feb. 8, 2021
PACER
|
64
|
NOTICE of Supplemental Authorities by Maryville Baptist Church, Inc., Jack Roberts (Attachments: # 1 Exhibit A - Tandon v. Newsom, # 2 Exhibit B - South Bay United Pentecostal Church v. Newsom, # 3 Exhibit C - Roman Catholic Archbishop v. Bowser) (Schmid, Daniel) (Entered: 04/27/2021)
|
April 27, 2021
|
April 27, 2021
PACER
|
65
|
MOTION Lift Stay re 55 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim by Plaintiffs Maryville Baptist Church, Inc., Jack Roberts (Schmid, Daniel) (Additional attachment(s) added on 4/29/2021: # 1 Proposed Order) (DLW). (Entered: 04/29/2021)
|
April 29, 2021
|
April 29, 2021
PACER
|
66
|
NOTICE of Filing Proposed Order by Maryville Baptist Church, Inc., Jack Roberts re 65 MOTION Lift Stay re 55 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Proposed Order) (Schmid, Daniel) (Entered: 04/29/2021)
|
April 29, 2021
|
April 29, 2021
PACER
|
67
|
Response to Motion
|
May 20, 2021
|
May 20, 2021
PACER
|
68
|
~Util - Set/Clear Flags AND Order Dismissing Case
|
Oct. 6, 2021
|
Oct. 6, 2021
PACER
|
69
|
Expedite AND Extension of Time to File Document
|
Nov. 2, 2021
|
Nov. 2, 2021
PACER
|
70
|
Order on Motion to Expedite AND Order on Motion for Extension of Time to File
|
Nov. 4, 2021
|
Nov. 4, 2021
PACER
|
71
|
Extension of Time to File Document AND Expedite
|
Nov. 26, 2021
|
Nov. 26, 2021
PACER
|
72
|
Order on Motion to Expedite AND Order on Motion for Extension of Time to File
|
Nov. 30, 2021
|
Nov. 30, 2021
PACER
|
73
|
Extension of Time to File Document AND Expedite
|
Dec. 10, 2021
|
Dec. 10, 2021
PACER
|
74
|
Attorney Fees
1 Declaration of Horatio G. Mihet
View on PACER
2 Declaration of Jason Nemes
View on PACER
|
Dec. 15, 2021
|
Dec. 15, 2021
PACER
|
75
|
Bill of Costs
|
Dec. 15, 2021
|
Dec. 15, 2021
PACER
|
76
|
Notice (Other)
|
Dec. 15, 2021
|
Dec. 15, 2021
PACER
|
77
|
Order on Motion to Expedite AND Order on Motion for Extension of Time to File
|
Dec. 27, 2021
|
Dec. 27, 2021
PACER
|
78
|
Proposed Agreed Order
|
Dec. 28, 2021
|
Dec. 28, 2021
PACER
|
79
|
Order on Proposed Agreed Order
|
Jan. 6, 2022
|
Jan. 6, 2022
PACER
|
80
|
Response to Motion
|
Feb. 14, 2022
|
Feb. 14, 2022
PACER
|
81
|
Extension of Time to File Response/Reply
|
Feb. 24, 2022
|
Feb. 24, 2022
PACER
|
82
|
Order on Motion for Extension of Time to File Response/Reply
|
March 2, 2022
|
March 2, 2022
PACER
|
83
|
Extension of Time to File Response/Reply
|
March 8, 2022
|
March 8, 2022
PACER
|
84
|
Order on Motion for Extension of Time to File Response/Reply
|
March 9, 2022
|
March 9, 2022
PACER
|
85
|
Reply to Response to Motion
|
March 29, 2022
|
March 29, 2022
PACER
|
86
|
Order Referring Motion
|
May 17, 2022
|
May 17, 2022
PACER
|
87
|
Report and Recommendations
|
June 16, 2022
|
June 16, 2022
RECAP
|
88
|
Objection to Report and Recommendations
|
July 1, 2022
|
July 1, 2022
RECAP
|
89
|
Response to Objections
|
July 14, 2022
|
July 14, 2022
PACER
|
90
|
Notice (Other)
|
Aug. 25, 2022
|
Aug. 25, 2022
PACER
|
91
|
Response
|
Aug. 29, 2022
|
Aug. 29, 2022
PACER
|
92
|
Order on Report and Recommendations AND Order on Motion for Attorney Fees
|
Sept. 30, 2022
|
Sept. 30, 2022
RECAP
|