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On Fire Christian Center, Inc. v. Fischer et al, Docket No. 3:20-cv-00264 (W.D. Ky. Apr 10, 2020), Court Docket
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On Fire Christian Center, Inc. v. Fischer et al

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Court Dockets
kywd
U.S. District Court
Western District of Kentucky (Louisville)
CIVIL DOCKET FOR CASE #: 3:20-cv-00264-JRW

On Fire Christian Center, Inc. v. Fischer et al

DOCKET INFORMATION
Minimize
Date Filed: Apr 10, 2020
Status: Closed
Nature of suit:440 Civil Rights: Other
Assigned to:Judge Justin R. Walker
Cause:42:1983 Civil Rights Act
Date terminated:2020-04-22
Jurisdiction:Federal Question
Jury demand:None

Parties and Attorneys

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 Plaintiff
On Fire Christian Center, Inc.
Plaintiff
Representation
Andrew Miller
Wilmer Cutler Pickering Hale and Dorr, LLP - DC
1875 Pennsylvania Ave, NW
Washington, DC 20006
(202) 663-6691
andrew.miller@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hiram S. Sasser , III
First Liberty Institute
2001 W. Plano Parkway, Suite 1600
Plano, TX 75075
(972) 941-4444
Fax: (972) 941-4457
hsasser@firstliberty.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hyun-Soo Lim
Wilmer Cutler Pickering Hale and Dorr, LLP - DC
1875 Pennsylvania Ave, NW
Washington, DC 20006
(202) 316-4409
hyun-soo.lim@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
J. Brooken Smith
Swansburg & Smith PLLC
291 N. Hubbards Lane, Suite 172
Box 321
Louisville, KY 40207
(502) 805-5960
jbs@swansburgandsmith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kevin Gallagher
Wilmer Cutler Pickering Hale and Dorr, LLP - DC
1875 Pennsylvania Ave, NW
Washington, DC 20006
(202) 663-6000
Fax: (202) 663-6363
kevin.gallagher@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matthew T. Martens
Wilmer Cutler Pickering Hale and Dorr, LLP - DC
1875 Pennsylvania Ave, NW
Washington, DC 20006
(202) 663-6921
Fax: (202) 663-6363
matthew.martens@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael G. Swansburg , Jr
Swansburg & Smith PLLC
291 N. Hubbards Lane, Suite 172
Box 321
Louisville, KY 40207
(502) 805-5960
mgs@swansburgandsmith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Roger Byron
First Liberty Institute
2001 W. Plano Parkway, Suite 1600
Plano, TX 75075
(972) 941-4444
Fax: (972) 941-4457
rbyron@firstliberty.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Defendant
Greg Fischer
in his official capacity as Mayor of Louisville Metro
Defendant
Representation
John F. Carroll , Jr.
531 Court Place, Suite 900
Louisville, KY 40202
(502) 574-6321
john.carroll2@louisvilleky.gov
Jefferson County Attorney
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Defendant
City of Louisville
Defendant
Representation
John F. Carroll , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Amicus
Human Dignity Project, Inc.
Amicus
Representation
Michael R. Hirsh
Hirsh & Heuser PC
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
(770) 420-8224
Fax: (775) 206-2591
mrhirsh@hirshandheuser.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Vincent F. Heuser , Jr.
3600 Goldsmith Lane
Louisville, KY 40220
(502) 458-5879
vheuser@hirshandheuser.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Amicus
Governor Andy Beshear
Governor of the Commonwealth of Kentucky
Amicus
Representation
La Tasha Buckner
Office of the Governor
700 Capitol Avenue, Suite 106
Frankfort, KY 40601
(502) 564-2611
latasha.buckner@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Laura S. Tipton
Office of the Governor
700 Capitol Avenue, Suite 106
Frankfort, KY 40601
(502) 564-2611
Fax: (502) 564-6858
laurac.tipton@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marc G. Farris
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601
(502) 564-2611
Fax: (502) 564-2517
marc.farris@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven T. Mayo
Office of the Governor
700 Capitol Avenue, Suite 106
Frankfort, KY 40601
(502) 564-2611
Fax: (502) 564-6858
travis.mayo@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Taylor A. Payne
Office of the Governor
700 Capitol Avenue, Suite 106
Frankfort, KY 40601
(502) 564-2644
Taylor.Payne@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Amicus
Daniel Cameron
Attorney General for the Commonwealth of Kentucky
Amicus
Representation
Barry L. Dunn, Kentucky Attorney General
700 Capital Avenue, Suite 118
Frankfort, KY 40601-3449
(502) 696-5300
Fax: (502) 564-2894
barry.dunn@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brett R. Nolan
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601
(502) 564-2611
Fax: (502) 564-1275
brett.nolan@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
S. Chad Meredith
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601
(502) 696-5300
chad.meredith@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matthew F. Kuhn
Office of the Governor
700 Capitol Ave., Suite 101
Frankfort, KY 40601
(502) 564-2611
matt.kuhn@ky.gov
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Apr 10, 2020ViewCOMPLAINT against Greg Fischer and City of Louisville, Filing fee $400, receipt number 0644-3081691, filed by On Fire Christian Center, Inc. (Attachments: # 1 Summons, # 2 Cover Sheet) (SMJ) (Entered: 04/10/2020)
2Apr 10, 2020RequestCase Assignment (Random Selection): Case Assigned to Judge Justin R. Walker. (SMJ) (Entered: 04/10/2020)
3Apr 10, 2020ViewMOTION for Temporary Restraining Order, MOTION for Hearing by Plaintiff On Fire Christian Center, Inc. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Affidavit of Chuck Salvo, # 3 Exhibit B - Administrative Order, # 4 Exhibit C - Church v. State, # 5 Proposed Order) (SMJ) (Entered: 04/10/2020)
4Apr 10, 2020ViewNOTICE ON SUMMONS re 1 Complaint filed by plaintiff On Fire Christian Center, Inc. (SMJ) (Entered: 04/10/2020)
5Apr 10, 2020ViewNOTICE of Filing Tendered Summons by On Fire Christian Center, Inc. re 1 Complaint (Attachments: # 1 Summons - Greg Fischer, # 2 Summons - City of Louisville) (Smith, J.) (Entered: 04/10/2020)
6Apr 11, 2020ViewTEMPORARY RESTRAINING ORDER AND MEMORANDUM OPINION Signed by Judge Justin R. Walker. The Court GRANTS the motion for temporary restraining order filed by On Fire Christian Center, Inc. ("On Fire") against Mayor Greg Fischer and the City of Louisville (together, "Louisville"). The Court GRANTS On Fire's request for Oral Argument. The Court will hold a telephonic hearing on the preliminary injunction motion on April 14, 2020 at 11:00 A.M. Counsel shall email Ms. Megan Jackson at Megan_Jackson@kywd.uscourts.gov for the hearing's call-in number and access code. Members of the public interested in listening to the hearing may also email Ms. Jackson. The Court ORDERS On Fire's lawyers to serve a copy of this Temporary Restraining Order and Opinion on Mike O'Connell, Jefferson County Attorney. Please see Order for details. cc: Counsel (MEJ) (Entered: 04/11/2020)
Apr 13, 2020SCHEDULES: Telephonic Hearing on the preliminary injunction set for 4/14/2020 at 11:00 AM before Judge Justin R. Walker. (MEJ) (Entered: 04/13/2020)
7Apr 13, 2020ViewSummons Issued as to Greg Fischer and City of Louisville. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: # 1 Summons) (DLW) (Entered: 04/13/2020)
8Apr 13, 2020ViewNOTICE of Appearance by Vincent F. Heuser, Jr on behalf of Human Dignity Project, Inc. (Entered: 04/13/2020)
9Apr 13, 2020ViewMOTION Reschedule Hearing on Preliminary Injunction re 6 Order on Motion for TRO, Order on Motion for Hearing, by Plaintiff On Fire Christian Center, Inc. (Attachments: # 1 Proposed Order) (Smith, J.) (Entered: 04/13/2020)
10Apr 13, 2020ViewMOTION to Dissolve Temporary Restraining Order and Response in Opposition to Plaintiff's Motion for Preliminary Injunction by Defendants Greg Fischer, City of Louisville (Attachments: # 1 Exhibit #1 - Photos, # 2 Exhibit #2 - Order 3/19/2020, # 3 Exhibit #3 - Affidavit of Connie Mendel, # 4 Exhibit #4 - Affidavit of Chief Steve Conrad, # 5 Proposed Order) (Carroll, John) (Entered: 04/13/2020)
11Apr 13, 2020ViewMOTION for Matthew T. Martens to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3082609. by Plaintiff On Fire Christian Center, Inc. (Attachments: # 1 Proposed Order) (Smith, J.) (Entered: 04/13/2020)
12Apr 13, 2020ViewNOTICE of Filing Certificate of Good Standing by On Fire Christian Center, Inc. re 11 MOTION for Matthew T. Martens to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3082609. (Attachments: # 1 Exhibit Certificate of Good Standing) (Smith, J.) (Entered: 04/13/2020)
13Apr 13, 2020ViewMOTION for Kevin Gallagher to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3082681. by Plaintiff On Fire Christian Center, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Smith, J.) (Entered: 04/13/2020)
14Apr 13, 2020ViewMOTION for Hyun-Soo Lim to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3082700. by Plaintiff On Fire Christian Center, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Smith, J.) (Entered: 04/13/2020)
15Apr 13, 2020ViewMOTION for Hiram S. Sasser III to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3082710. by Plaintiff On Fire Christian Center, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Smith, J.) (Entered: 04/13/2020)
16Apr 13, 2020ViewORDER Signed by Judge Justin R. Walker on 4/13/2020 granting 9 Motion to Reschedule Hearing. The Court will hold a telephonic hearing on the preliminary injunction motion on April 14, 2020 at 2:00 P.M. before Judge Justin R. Walker. cc: Counsel (MEJ) (Entered: 04/13/2020)
17Apr 13, 2020RequestText Notice: The Governor of Kentucky and the Attorney General of Kentucky are invited to file amicus briefs in this case, by Friday, April 17, 2020, regarding one of the questions presented: Does DN 10-2 the March 19 Order signed by Steven J. Stack and Eric Friedlander, the Governor's Designee prohibit drive-in religious services? This Notice of Electronic Filing is the Official TEXT NOTICE for this entry. No document is attached. (MEJ) (Entered: 04/13/2020)
18Apr 13, 2020ViewERROR: Incorrectly efiled. This document has been removed and refiled. Please see DN 23 for viewing. (DLW) (Entered: 04/13/2020)
19Apr 13, 2020ViewERROR: Incorrectly efiled. This document has been removed and refiled. Please see DN 24 for viewing. (DLW) (Entered: 04/13/2020)
23Apr 13, 2020ViewSUMMONS Returned Executed by On Fire Christian Center, Inc. Greg Fischer served on 4/13/2020, answer due 5/4/2020. (DLW) (Entered: 04/14/2020)
24Apr 13, 2020ViewSUMMONS Returned Executed by On Fire Christian Center, Inc. City of Louisville served on 4/13/2020, answer due 5/4/2020. (DLW) (Entered: 04/14/2020)
20Apr 14, 2020ViewMOTION for Andrew Miller to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3083107. by Plaintiff On Fire Christian Center, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Smith, J.) (Entered: 04/14/2020)
21Apr 14, 2020RequestNOTICE of Filing Affidavit of Chuck Salvo by On Fire Christian Center, Inc. (Attachments: # 1 Affidavit of Chuck Salvo) (Smith, J.) (Entered: 04/14/2020)
22Apr 14, 2020ViewNOTICE of Filing Declaration of Matthew T. Martens by On Fire Christian Center, Inc. (Attachments: # 1 Affidavit Declaration of Matthew T. Martens) (Smith, J.) (Entered: 04/14/2020)
Apr 14, 2020NOTICE OF DOCKET CORRECTION re 18 and 19 Return of Service: Incorrect ECF event used by efiler. Correct event is "Summons Returned Executed". This has been refiled by the Clerk at DN 23 and 24 . (DLW) (Entered: 04/14/2020)
Apr 14, 2020PROCEEDINGS held before Judge Justin R. Walker. Oral Argument Hearing held on 4/14/2020. (Court Reporter: Becky Boyd.) (MEJ) (Entered: 04/16/2020)
25Apr 16, 2020RequestTEXT ORDER Signed by Judge Justin R. Walker. At oral argument on Tuesday, Louisville said it didn't oppose On Fire's pro hac vice motions. The Court GRANTS the pro hac vice motions of Matthew T. Martens (DN 11 ), Kevin Gallagher (DN 13 ), Hyun-Soo Lim (DN 14 ), Hiram S. Sasser III (DN 15 ), and Andrew Miller (DN 20 ). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (MEJ) (Entered: 04/16/2020)
26Apr 16, 2020RequestORDER FOLLOWING PRELIMINARY INJUNCTION HEARING by Judge Justin R. Walker on 4/16/2020. On Fire's reply in support of its preliminary injunction motion is due April 21, 2020. The parties' simultaneous briefs on whether this case is moot are due April 21, 2020. Responses are due April 23, 2020. There will be no replies. The Temporary Restraining Order remains in full effect. cc: Counsel (MEJ) (Entered: 04/16/2020)
27Apr 17, 2020ViewBRIEF AMICUS CURIAE re 17 Text Notice from the Court by Andy Beshear. (Mayo, Steven) (Entered: 04/17/2020)
28Apr 17, 2020RequestAmicus Curiae APPEARANCE entered by Matthew F. Kuhn on behalf of Daniel Cameron by on behalf of Daniel Cameron. (Kuhn, Matthew) (Entered: 04/17/2020)
29Apr 17, 2020ViewBRIEF Amicus Curiae Brief of Attorney General Daniel Cameron re 17 Text Notice from the Court by Daniel Cameron. (Kuhn, Matthew) (Entered: 04/17/2020)
30Apr 18, 2020ViewJoint MOTION for Extension of Time to File Briefs by Defendants Greg Fischer, City of Louisville (Attachments: # 1 Proposed Order) (Carroll, John) (Entered: 04/18/2020)
31Apr 20, 2020RequestORDER Signed by Judge Justin R. Walker on 4/20/2020 granting 30 Joint Motion for Extension of Time to File Briefs. On Fire's reply in support of its preliminary injunction motion is due 4/28/2020. The parties' simultaneous briefs on whether this case is moot are due 4/28/2020. Responses are due 4/30/2020. The Temporary Restraining Order remains in full effect. cc: Counsel (DLW) (Entered: 04/20/2020)
32Apr 20, 2020ViewMOTION for Leave to File Brief Amicus Curiae by Amicus Human Dignity Project, Inc. (Attachments: # 1 Exhibit Amicus Brief of Human Dignity Project, # 2 Appendices to Amicus Brief of Human Dignity Project, # 3 Exhibit 1 to Amicus Brief -transcript of Governor, # 4 Exhibit 2 to Amicus Brief -transcript of Mayor, # 5 Exhibit 3a-Article cited in Amicus Brief, # 6 Exhibit 3b-Article Cited in Amicus Brief, # 7 Exhibit 3c-Article cited in Amicus Brief, # 8 Affidavit in Support of Exhibits to Brief, # 9 Proposed Order) (Heuser, Vincent) (Entered: 04/20/2020)
33Apr 21, 2020ViewMOTION To Enter Agreed Order by Plaintiff On Fire Christian Center, Inc. (Attachments: # 1 Proposed Order) (Smith, J.) (Entered: 04/21/2020)
34Apr 22, 2020ViewAGREED ORDER Signed by Judge Justin R. Walker on 4/22/2020 granting 33 Motion to Enter Agreed Order re final and binding resolution in connection with all claims and defenses. The TRO entered by the Court on 4/11/2020 is hereby DISSOLVED. This action is DISMISSED WITHOUT PREJUDICE. (see order for specifics.) cc: Counsel (JM) (Entered: 04/22/2020)
35Apr 22, 2020ViewORDER OF DISMISSAL WITHOUT PREJUDICE by Judge Justin R. Walker on 4/22/2020: The Court DENIES as moot On Fires preliminary injunction motion 3 . The Court DISSOLVES the Temporary Restraining Order 6 . The Court DENIES as moot the Human Dignity Project's motion for leave to file an amicus brief 32 . The Court GRANTS On Fire's motion for entry of the parties' agreed order 33 . The Court DISMISSES this case without prejudice. cc: counsel (JM) (Entered: 04/22/2020)

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