Docket Entries Since Last Update
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Court Dockets
U.S. District Court
Eastern District of Kentucky (Frankfort)
CIVIL DOCKET FOR CASE #: 3:21-cv-00055-GFVT
Eastern District of Kentucky (Frankfort)
CIVIL DOCKET FOR CASE #: 3:21-cv-00055-GFVT
Commonwealth of Kentucky et al v. Biden et al
DOCKET INFORMATION
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Plaintiff |
Commonwealth of Kentucky
Plaintiff
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Representation | |||
Alexander Y. Magera , I Attorney General's Office-Kentucky 700 Capital Avenue Capitol Building, Suite 118 Frankfort, KY 40601 (502) 696-5300 alexander.magera@ky.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Barry L. Dunn Attorney General's Office-Kentucky 700 Capital Avenue Capitol Building, Suite 118 Frankfort, KY 40601 (502) 696-5300 barry.dunn@ky.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Christopher L. Thacker Attorney General's Office-Kentucky 700 Capital Avenue Capitol Building, Suite 118 Frankfort, KY 40601 (859) 396-5299 christopher.thacker@ky.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
Heather Lynn Becker Attorney General's Office-Kentucky 700 Capital Avenue Capitol Building, Suite 118 Frankfort, KY 40601 (502) 696-5610 heather.becker@ky.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Jeremy J. Sylvester Attorney General's Office-Kentucky 700 Capital Avenue Capitol Building, Suite 118 Frankfort, KY 40601 (859) 696-5698 jeremy.sylvester@ky.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Plaintiff |
State of Ohio
Plaintiff
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Representation | |||
Benjamin M. Flowers Attorney General's Office-Columbus 30 E. Broad Street 17th Floor Columbus, OH 43215 (614) 728-7511 benjamin.flowers@ohioattorneygeneral.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Carol O'Brien Attorney General's Office-Columbus 30 E. Broad Street 17th Floor Columbus, OH 43215 (614) 728-2333 carol.o'brien@ohioattorneygeneral.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Sylvia May Davis Attorney General's Office-Cleveland 615 W. Superior Avenue 11th Floor Cleveland, OH 44113 (614) 282-3594 Fax: (855) 579-2029 may.davis@ohioattorneygeneral.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | |
Heather Lynn Becker (See above for address) ATTORNEY TO BE NOTICED |
Plaintiff |
State of Tennessee
Plaintiff
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Representation | |||
Brandon J. Smith Office of the Tennessee Attorney General and Reporter P.O. Box 20207 Nashville, TN 37202 (615) 532-4081 Brandon.Smith@ag.tn.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Dianna B. Shew Office of the Tennessee Attorney General and Reporter P.O. Box 20207 Nashville, TN 37202 (615) 532-1969 dianna.shew@ag.tn.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Heather Lynn Becker (See above for address) ATTORNEY TO BE NOTICED |
Plaintiff |
Scott A. Hildenbrand in his official capacity as Sheriff for the Geauga County (Ohio) Sheriffs OfficePlaintiff
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Representation | |||
Benjamin M. Flowers (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Carol O'Brien (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | James R. Flaiz Geauga County Prosecutor's Office 231 Main Street 3rd Floor Chardon, OH 44024 (440) 279-2100 james.flaiz@gcpao.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | |
Sylvia May Davis (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED |
Defendant |
Joseph R. Biden in his official capacity as President of the United StatesDefendant
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Representation | |||
Jody D. Lowenstein U.S. Department of Justice - Civil 1100 L Street NW Washington, DC 20005 (202) 598-9280 jody.d.lowenstein@usdoj.gov ATTORNEY TO BE NOTICED | Zachary A. Avallone U.S. Department of Justice - Civil 1100 L Street NW Washington, DC 20005 (202) 514-2705 Fax: (202) 616-8470 zachary.a.avallone@usdoj.gov ATTORNEY TO BE NOTICED |
Defendant |
USA
Defendant
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Representation | |||
Jody D. Lowenstein (See above for address) ATTORNEY TO BE NOTICED | Zachary A. Avallone (See above for address) ATTORNEY TO BE NOTICED |
Defendant |
Safer Federal Workforce Task Force
Defendant
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Representation | |||
Jody D. Lowenstein (See above for address) ATTORNEY TO BE NOTICED | Zachary A. Avallone (See above for address) ATTORNEY TO BE NOTICED |
Defendant |
Office of Management and Budget
Defendant
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Representation | |||
Jody D. Lowenstein (See above for address) ATTORNEY TO BE NOTICED | Zachary A. Avallone (See above for address) ATTORNEY TO BE NOTICED |
Defendant |
General Services Administration
Defendant
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Representation | |||
Jody D. Lowenstein (See above for address) ATTORNEY TO BE NOTICED | Zachary A. Avallone (See above for address) ATTORNEY TO BE NOTICED |
Defendant |
Department of Homeland Security
Defendant
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Representation | |||
Jody D. Lowenstein (See above for address) ATTORNEY TO BE NOTICED | Zachary A. Avallone (See above for address) ATTORNEY TO BE NOTICED |
Amicus |
American Medical Association
Amicus
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Representation | |||
Rachel L. Fried Democracy Forward Foundation P.O. Box 34553 Washington, DC 20043 (202) 448-9090 rfried@democracyforward.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | David B. Tachau Tachau Meek PLC - Lou 101 S. Fifth Street 3600 PNC Tower Louisville, KY 40202 (502) 238-9900 Fax: (502) 238-9910 dtachau@tachaulaw.com ATTORNEY TO BE NOTICED |
Numbers shown are court assigned numbers.
Entry | Filed | Description | |
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1 | Nov 4, 2021 | View | COMPLAINT ( Filing fee $402; receipt number AKYEDC-5116739), filed by State of Ohio, Commonwealth of Kentucky, State of Tennessee, Fredrick W Stevens, Scott A Hildenbrand. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for All Defendants)(MJY) (Entered: 11/04/2021) |
Nov 4, 2021 | Conflict Check run. (MJY) (Entered: 11/04/2021) | ||
2 | Nov 4, 2021 | Request | Summons Issued as to Kiran Ahuja, Randolph D Alles, William W Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A Feldman, Lesley A Field, General Services Administration, Immigration and Customs Enforcement, Karla S Jackson, Tae D. Johnson, Jeffrey A Koses, James M Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, U.S. Attorney and U.S. Attorney General. Summons issued and returned electronically to counsel. (MJY) (Entered: 11/04/2021) |
4 | Nov 4, 2021 | Request | NOTICE TO ATTORNEY Brandon Smith by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 LR 83.1 & Application, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021) |
5 | Nov 4, 2021 | Request | NOTICE TO ATTORNEY Dianna B. Shew by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 & Admission Forms, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021) |
6 | Nov 4, 2021 | Request | NOTICE TO ATTORNEY Alexander Y. Magera by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021) |
7 | Nov 4, 2021 | Request | NOTICE TO ATTORNEY Benjamin Flowers by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021) |
8 | Nov 4, 2021 | Request | NOTICE TO ATTORNEY Carol O'Brien by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021) |
9 | Nov 4, 2021 | Request | NOTICE TO ATTORNEY May Davis by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021) |
10 | Nov 4, 2021 | Request | NOTICE TO ATTORNEY James R Flaiz by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021) |
11 | Nov 8, 2021 | View | MOTION for Leave to File Excess Pages by Commonwealth of Kentucky (Attachments: # 1 Proposed Order)(Thacker, Christopher) (Additional attachment(s) added on 11/8/2021: # 2 CORRECTED Motion for Leave to File an Overlength Brief) (JJ). (Entered: 11/08/2021) |
12 | Nov 8, 2021 | View | MOTION for Temporary Restraining Order and Preliminary Injunction by Commonwealth of Kentucky (Attachments: # 1 Affidavit Declaration of N. Antonio Niknejad, # 2 Affidavit Declaration of Fredercik W. Stevens, # 3 Affidavit Declaration of Scott A. Hildenbrand, # 4 Affidavit Declaration of Victor Maddox, # 5 Proposed Order)(Thacker, Christopher). Added MOTION for Preliminary Injunction on 11/9/2021 (JJ). Modified on 11/9/2021 (JJ). Modified on 12/1/2021 (JJ). (Entered: 11/08/2021) |
13 | Nov 8, 2021 | Request | NOTICE OF FILING by Commonwealth of Kentucky re 11 MOTION for Leave to File Excess Pages by Commonwealth of Kentucky Correction (Attachments: # 1 Attachment Corrected Motion to Exceed Page Limits)(Thacker, Christopher) (Entered: 11/08/2021) |
14 | Nov 8, 2021 | Request | ORDER: 1. A telephonic status conference to schedule a hearing in this matter is SCHEDULED for Tuesday, November 9, 2021, at 3:30 p.m., with Judge Van Tatenhove sitting in Frankfort, Ky; and 2. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing at 1-877-336-1280 and enter Access Code 2086161 (followed by #), and, when requested, enter the Security Code 09170 (followed by #). Signed by Judge Gregory F. VanTatenhove on 11/8/21. (MJY) cc: COR, FRT (Entered: 11/08/2021) |
15 | Nov 9, 2021 | Request | NOTICE of Appearance by Jody D. Lowenstein on behalf of All Defendants (Lowenstein, Jody) (Entered: 11/09/2021) |
Nov 9, 2021 | NOTICE OF DOCKET MODIFICATION TO Christopher Thacker re 12 MOTION for Temporary Restraining Order and Preliminary Injunction by Commonwealth of Kentucky; Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel cc: COR (JJ) (Entered: 11/09/2021) | ||
16 | Nov 9, 2021 | Request | MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/9/2021 before Judge Gregory F. Van Tatenhove: Counsel appeared as noted; Court ORDERS as follows: 1. Dfts have until midnight 11/16/2021, to file response to Pltf's Preliminary Injunction, R. 12 . Pltfs have until midnight 11/17/2021 to file reply. A Motion hearing shall be set by subsequent order for this matter. 2. Plaintiffs Motion for Leave to File and Overlength Brief for an additional six pages, R. 11 , is GRANTED. Dft's response may include an additional six pages. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR (Entered: 11/10/2021) |
17 | Nov 10, 2021 | View | ORDER: MOTION HEARING re Plaintiff's preliminary injunction [R. 12 ] set for 11/18/2021 at 1:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. VanTatenhove on 11/9/2021.(JJ)cc: COR,Fkt (Entered: 11/10/2021) |
18 | Nov 12, 2021 | Request | NOTICE of Appearance by Zach A. Avallone on behalf of All Defendants (Avallone, Zach) (Entered: 11/12/2021) |
19 | Nov 12, 2021 | Request | MOTION for Benjamin Flowers to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123103) (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order Proposed Order)(Becker, Heather) (Entered: 11/12/2021) |
20 | Nov 12, 2021 | Request | MOTION for Sylvia May Davis to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123137) (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order Proposed Order)(Becker, Heather) (Entered: 11/12/2021) |
21 | Nov 12, 2021 | Request | MOTION for Carol Anne Hamilton OBrien to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123143) (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order Proposed Order)(Becker, Heather) (Entered: 11/12/2021) |
Nov 15, 2021 | BAR STATUS Check completed as to Benjamin M. Flowers, Carol O'Brien, Mae Davis re 21 MOTION for Carol Anne Hamilton OBrien to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123143), 20 MOTION for Sylvia May Davis to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123137), 19 MOTION for Benjamin Flowers to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123103). (JJ) (Entered: 11/15/2021) | ||
Nov 15, 2021 | ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 20 MOTION for Sylvia May Davis to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123137), 21 MOTION for Carol Anne Hamilton OBrien to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123143), 19 MOTION for Benjamin Flowers to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123103) (JJ) (Entered: 11/15/2021) | ||
22 | Nov 15, 2021 | View | AMENDED COMPLAINT against All Defendants, filed by Commonwealth of Kentucky. (Attachments: # 1 Attachment Exhibit A Complaint Redline, # 2 Attachment Flowers Declaration, # 3 Attachment Contract - KY (Menifee) with FS USDA, # 4 Attachment Contract - KY (Jackson) with FS USDA, # 5 Attachment Easement - KY DFWR (Pulaski) with DOA, # 6 Attachment Contract - KY DMA with USFG, # 7 Attachment Contract - KY DMA with NGB)(Thacker, Christopher) (Entered: 11/15/2021) |
23 | Nov 16, 2021 | Request | NOTICE OF APPEARANCE by American Medical Association. (Attachments: # 1 Corporate Disclosure Statement)(Tachau, David) (Entered: 11/16/2021) |
24 | Nov 16, 2021 | Request | MOTION for Rachel L. Fried to Appear Pro Hac Vice by American Medical Association ( Filing fee $125; receipt number AKYEDC-5125611) (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Tachau, David) (Entered: 11/16/2021) |
25 | Nov 16, 2021 | Request | MOTION for Leave by American Medical Association to File Brief as Amicus Curiae (Attachments: # 1 Brief of American Medical Association, # 2 Proposed Order)(Tachau, David) (Entered: 11/16/2021) |
26 | Nov 16, 2021 | Request | MOTION for Order by State of Tennessee Shew motion for admission pro hac vice (Attachments: # 1 Attachment Certificate of good standing, # 2 SEALED Attachment ECF registration, # 3 Proposed Order Proposed Order)(Becker, Heather) Modified on 11/17/2021 (JJ).pc (Entered: 11/16/2021) |
27 | Nov 16, 2021 | View | RESPONSE in Opposition re 12 MOTION for Temporary Restraining Order and Preliminary Injunction by Commonwealth of Kentucky MOTION for Preliminary Injunction filed by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Declaration of Natalie Carr, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Lowenstein, Jody) (Entered: 11/16/2021) |
28 | Nov 16, 2021 | Request | FRCP 7.1 DISCLOSURE STATEMENT by American Medical Association. Filed pursuant to QC re DE 23 . (JJ) (Entered: 11/17/2021) |
38 | Nov 16, 2021 | View | AMICUS CURIAE BRIEF to 12 Motion for Temporary Injunction and Preliminary Injunction filed by American Medical Association. Filed pursuant to Order [R. 37 ] entered 11/18/2021. (JJ) (Entered: 11/18/2021) |
Nov 17, 2021 | BAR STATUS Check completed as to Dianna B. Shew, Rachel L. Fried re 24 MOTION for Rachel L. Fried to Appear Pro Hac Vice by American Medical Association ( Filing fee $125; receipt number AKYEDC-5125611), 26 MOTION for Order by State of Tennessee Shew motion for admission pro hac vice. (JJ) (Entered: 11/17/2021) | ||
Nov 17, 2021 | NOTICE OF DOCKET MODIFICATION TO David Tachau re 23 NOTICE OF APPEARANCE; Error: This is a Notice of Appearance AND a 7.1 Disclosure Statement. The document was filed as an attachment to the Notice, when the documents should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a 7.1 Disclosure Statement 28 . In the future, when filing multiple documents, please refer to the ECF User Manual for the correct procedure. No further steps required by counsel. cc: COR (JJ) (Entered: 11/17/2021) | ||
Nov 17, 2021 | NOTICE OF DOCKET MODIFICATION TO Jody Lowenstein re 27 Response in Opposition to Motion; Error: attachments were insufficiently described as "Exhibit 1," "Exhibit 2." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit 1 (incorrect); Exhibit 1 Affidavit of John Doe (correct). No further action required by counsel. cc: COR (JJ) (Entered: 11/17/2021) | ||
Nov 17, 2021 | NOTICE OF DEFICIENCY TO Heather Becker re 26 MOTION for Order by State of Tennessee Shew motion for admission pro hac vice; attorney failed to submit the appropriate $125.00 filing fee; within 7 calendar days, attorney shall submit the $125.00 filing fee to the Clerk. cc: COR (JJ) (Entered: 11/17/2021) | ||
29 | Nov 17, 2021 | Request | MOTION for Order by State of Tennessee Smith motion for admission pro hac vice (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order Proposed Order)(Becker, Heather) (Entered: 11/17/2021) |
Nov 17, 2021 | NOTICE OF DEFICIENCY TO Heather Becker re 29 MOTION for Order by State of Tennessee Smith motion for admission pro hac vice; Error 1: Attorney failed to submit the appropriate $125.00 filing fee; within 7 calendar days, attorney shall submit the $125.00 filing fee to the Clerk. Error 2: Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel as to Error 2. cc: COR (JJ) (Entered: 11/17/2021) | ||
Nov 17, 2021 | BAR STATUS Check completed as to Brandon J. Smith re 29 MOTION for Order by State of Tennessee Smith motion for admission pro hac vice. (JJ) (Entered: 11/17/2021) | ||
30 | Nov 17, 2021 | View | ORDER: It is hereby ORDERED that the MOTION HEARING re Plaintiff's 12 MOTION for Preliminary Injunction is RESCHEDULED to 11/18/2021 at 2:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021.(JJ)cc: COR,Fkt (Entered: 11/17/2021) |
31 | Nov 17, 2021 | View | MOTION for Leave to File Excess Pages by Commonwealth of Kentucky (Attachments: # 1 Proposed Order Proposed Order Granting)(Thacker, Christopher) (Entered: 11/17/2021) |
32 | Nov 17, 2021 | View | REPLY to Response to Motion re 12 MOTION for Temporary Restraining Order and Preliminary Injunction by Commonwealth of Kentucky MOTION for Preliminary Injunction filed by Commonwealth of Kentucky. (Thacker, Christopher) (Entered: 11/17/2021) |
33 | Nov 18, 2021 | Request | ORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 19 ] is GRANTED; and 2. Benjamin Flowers is admitted pro hac vice as counsel for Plaintiffs in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021. (JJ)cc: COR and Benjamin Flowers by US Mail (Entered: 11/18/2021) |
34 | Nov 18, 2021 | Request | ORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 20 ] is GRANTED; and 2. Sylvia May Davis is admitted pro hac vice as counsel for Plaintiffs in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021. (JJ)cc: COR and Sylvia May Davis by US Mail (Entered: 11/18/2021) |
35 | Nov 18, 2021 | Request | ORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 21 ] is GRANTED; and 2. Carol Anne Hamilton OBrien is admitted pro hac vice as counsel for Plaintiffs in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021. (JJ)cc: COR and Carol Anne Hamilton OBrien by US Mail (Entered: 11/18/2021) |
36 | Nov 18, 2021 | Request | ORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 24 ] is GRANTED; 2. Rachel L. Fried is admitted pro hac vice as counsel for Defendants in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021. (JJ)cc: COR and Rachel L. Fried by US Mail (Entered: 11/18/2021) |
Nov 18, 2021 | NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Benjamin M. Flowers: re 33 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Benjamin M. Flowers (JJ) (Entered: 11/18/2021) | ||
Nov 18, 2021 | NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Carol O'Brien: re 35 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Carol O'Brien (JJ) (Entered: 11/18/2021) | ||
Nov 18, 2021 | NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Sylvia May Davis: re 34 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Sylvia May Davis (JJ) (Entered: 11/18/2021) | ||
Nov 18, 2021 | NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Rachel L. Fried: re 36 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Rachel L. Fried (JJ) (Entered: 11/18/2021) | ||
37 | Nov 18, 2021 | Request | ORDER: It is hereby ORDERED that the motion for leave to file an amicus curiae brief [R. 25 ] is GRANTED. The amicus brief tendered by the American Medical Association is deemed filed on the date it was received by the Court and the Clerk of the Court is directed to file the tendered amicus brief in the record. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021.(JJ)cc: COR (Entered: 11/18/2021) |
39 | Nov 18, 2021 | Request | Pro Hac Vice Filing fee received - Dianna Shew - $ 125.00, receipt number 3002678 (JJ) (Entered: 11/18/2021) |
40 | Nov 18, 2021 | Request | ORDER: 1. Motion for Admission Pro Hac Vice 26 is GRANTED; 2. Dianna Baker Shew is admitted pro hac vice as counsel for Defendants in the above styled action; and 3. Because [R. 26 -2] contains sensitive personal information, the clerk is DIRECTED to file that page under seal. Signed by Judge Gregory F. VanTatenhove on 11/18/2021. (CBD)cc: COR (Entered: 11/18/2021) |
41 | Nov 18, 2021 | View | MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 11/18/21. before Judge Gregory F. VanTatenhove: this matter is TAKEN UNDER ADVISEMENT. An order outlining the Court's specific rulings is forthcoming. (Court Reporter Sandy Wilder.) Signed by Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 11/18/2021) |
42 | Nov 19, 2021 | Request | Pro Hac Vice Filing fee received - Brandon J. Smith - $ 125.00, receipt number 3002680 (JJ) (Entered: 11/19/2021) |
43 | Nov 19, 2021 | Request | TRANSCRIPT REQUEST by Commonwealth of Kentucky for proceedings held on 11/18/2021 before Judge Van Tatenhove.. (Becker, Heather) (Entered: 11/19/2021) |
44 | Nov 19, 2021 | Request | TRANSCRIPT REQUEST by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients for proceedings held on 11/18/2021 before Judge Judge Van Tatenhove.. (Lowenstein, Jody) (Entered: 11/19/2021) |
45 | Nov 19, 2021 | Request | MOTION for James R. Flaiz, Jr. to Appear Pro Hac Vice by Scott A. Hildenbrand ( Filing fee $125; receipt number AKYEDC-5129227) (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Flowers, Benjamin) (Entered: 11/19/2021) |
Nov 19, 2021 | Clerk's Note re 44 Transcript Request & 43 Transcript Request: Clerk forwarded requests to the appropriate Court Reporter and SKV. (JJ) (Entered: 11/19/2021) | ||
Nov 19, 2021 | BAR STATUS Check completed as to James R. Flaiz re 45 MOTION for James R. Flaiz, Jr. to Appear Pro Hac Vice by Scott A. Hildenbrand ( Filing fee $125; receipt number AKYEDC-5129227). (JJ) (Entered: 11/19/2021) | ||
Nov 19, 2021 | NOTICE OF DEFICIENCY TO Benjamin Flowers re 45 MOTION for James R. Flaiz, Jr. to Appear Pro Hac Vice by Scott A. Hildenbrand ; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (JJ) (Entered: 11/19/2021) | ||
Nov 19, 2021 | ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 45 MOTION for James R. Flaiz, Jr. to Appear Pro Hac Vice by Scott A. Hildenbrand ( Filing fee $125; receipt number AKYEDC-5129227) (JJ) (Entered: 11/19/2021) | ||
46 | Nov 22, 2021 | Request | ORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 29 ] is GRANTED; and 2. Brandon J. Smith is admitted pro hac vice as counsel for Plaintiffs in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/19/2021. (JJ)cc: COR (Entered: 11/22/2021) |
47 | Nov 22, 2021 | Request | ORDER: 1. Plaintiffs' Motion for Leave to File Excess Pages [R. 31 ] is GRANTED; and 2. Plaintiffs' reply brief may be 20 pages in length. Signed by Judge Gregory F. Van Tatenhove on 11/18/2021.(JJ)cc: COR (Entered: 11/22/2021) |
48 | Nov 22, 2021 | Request | ORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 45 ] is GRANTED; and 2. James R. Flaiz, Jr. is admitted pro hac vice as counsel to represent Scott A. Hildenbrand in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/22/2021. (JJ)cc: COR and James R. Flaiz by US Mail (Entered: 11/22/2021) |
Nov 22, 2021 | NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to James R. Flaiz: re 48 Order. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to James R. Flaiz (JJ) (Entered: 11/22/2021) | ||
49 | Nov 24, 2021 | Request | TRANSCRIPT of Proceedings: STATUS CONFERENCE held on 11/18/2021 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: BRAD P. ROSENBERG and CHRISTOPHER L. THACKER. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 12/20/2021. Redacted Transcript Deadline set for 12/30/2021. Release of Transcript Restriction set for 2/25/2022. (Entered: 11/24/2021) |
50 | Nov 30, 2021 | View | OPINION & ORDER: 1. Plaintiffs' motion for a preliminary injunction [R. 12 ] is GRANTED; 2. The Government is ENJOINED from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in Kentucky, Ohio, and Tennessee. Signed by Judge Gregory F. Van Tatenhove on 11/30/2021.(JJ)cc: COR (Entered: 11/30/2021) |
51 | Dec 2, 2021 | Request | Mail Returned as Undeliverable. Mail sent to Carol O'Brien, Benjamin M. Flowers & Sylvia May Davis re 8 Notice to Attorney, 9 Notice to Attorney, 7 Notice to Attorney. (JJ) (Entered: 12/02/2021) |
52 | Dec 3, 2021 | View | NOTICE OF APPEAL as to 50 Memorandum Opinion & Order, by Kiran Ahuja, Randolph D. Alles, American Medical Association, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients (Avallone, Zachary) Modified text on 12/6/2021 (JJ). Modified on 12/9/2021 (JJ). (Entered: 12/03/2021) |
53 | Dec 3, 2021 | View | EMERGENCY MOTION to Stay re 50 Memorandum Opinion & Order,, Terminate Motions, by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients (Attachments: # 1 Exhibit Ex. A - Decl. of L. Field, # 2 Proposed Order)(Avallone, Zachary) (Entered: 12/03/2021) |
54 | Dec 4, 2021 | View | NOTICE by Commonwealth of Kentucky re 53 EMERGENCY MOTION to Stay re 50 Memorandum Opinion & Order,, Terminate Motions, by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acq Intent to Respond (Thacker, Christopher) (Entered: 12/04/2021) |
55 | Dec 6, 2021 | View | USCA Case Number 21-6147 Case Manager Julie Anne Connor for 52 Notice of Appeal filed by William W. Beach, et al(CBD) (Entered: 12/06/2021) |
56 | Dec 6, 2021 | View | ORDER: 1. Plaintiffs' shall have until the end of 12/8/2021 to file a response to Emergency Motion 53 to Stay Pending Appeal; and 2. Defendants' shall have until the end of 12/10/2021 to file a reply to Plaintiffs response. Signed by Judge Gregory F. VanTatenhove on 12/6/2021.(CBD)cc: COR (Entered: 12/06/2021) |
57 | Dec 8, 2021 | View | RESPONSE in Opposition re 53 EMERGENCY MOTION to Stay re 50 Memorandum Opinion & Order,, Terminate Motions, by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acq filed by Commonwealth of Kentucky. (Attachments: # 1 Affidavit Silletto Decl., # 2 Exhibit Nov. 18 Univ. of Louisville Email, # 3 Exhibit Dec. 7 Univ. of Louisville Email, # 4 Affidavit Cosby Decl., # 5 Exhibit Representative GSA Emails, # 6 Exhibit Sample Letter Attached to All GSA Emails, # 7 Exhibit Dated GSA Emails, # 8 Proposed Order Prop Order Denying E Stay)(Thacker, Christopher) (Entered: 12/08/2021) |
Dec 8, 2021 | NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Jeremy J. Sylvester: It appears the address listed on your filing 57 Response in Opposition to Motion,, is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (JJ) (Entered: 12/08/2021) | ||
58 | Dec 9, 2021 | View | REPLY to 57 , 53 in Support of Defendants' Emergency Motion to Stay filed by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients. (Lowenstein, Jody) (Entered: 12/09/2021) |
Dec 10, 2021 | ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 53 EMERGENCY MOTION to Stay re 50 Memorandum Opinion & Order, by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acq (JJ) (Entered: 12/10/2021) | ||
59 | Dec 10, 2021 | View | ORDER: It is hereby ORDERED that Defendants' Motion for an Emergency Stay Pending Appeal [R. 53 ] is DENIED. Signed by Judge Gregory F. Van Tatenhove on 12/10/2021.(JJ)cc: COR,6CCA (Entered: 12/10/2021) |
60 | Dec 20, 2021 | View | JOINT MOTION to Stay by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, USA, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients (Lowenstein, Jody) (Entered: 12/20/2021) |
Dec 20, 2021 | ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 60 JOINT MOTION to Stay by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, (JJ) (Entered: 12/20/2021) | ||
Dec 28, 2021 | ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 6 Notice to Attorney - no response. (CBD) (Entered: 12/28/2021) | ||
61 | Jan 3, 2022 | View | ORDER: 1. The parties' joint Motion to Stay Proceedings [R. 60 ] is GRANTED; and 2. Further proceedings in this matter are STAYED pending final resolution of Defendants' appeal from the Courts order granting Plaintiffs' motion for a preliminary injunction. Signed by Judge Gregory F. Van Tatenhove on 1/3/2022.(JJ)cc: COR (Entered: 01/03/2022) |
62 | Jan 6, 2022 | View | ORDER of USCA as to 52 Notice of Appeal: The district court enjoined enforcement of the contractor mandate throughout Ohio, Kentucky, and Tennessee. It also denied the subsequent motion of the federal-government defendants to stay the injunction pending appeal. The government now comes to us with the same request. But because the government has established none of the showings required to obtain a stay, we DENY such relief. No Mandate to issue. (Attachments: # 1 Cover Letter - No Mandate to Issue)(CBD) Modified text on 1/6/2022 (CBD). (Entered: 01/06/2022) |