M.D. Tenn. 3:21-cv-00490 Docket
Bongo Productions v. Lawrence
No. 3:21-cv-00490, Case History (under construction)
Court: Middle District of Tennessee (Nashville)
Assigned to: Judge Aleta A. Trauger
| Date Filed | # | Docket Text |
| 06/25/2021 | 1 | COMPLAINT against Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, and Neal Pinkston (Filing fee $402, Receipt number 06503398755), filed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, and Kaye Sayers. (Attachments: # 1 Exhibit A Public Chapter No. 453, # 2 Exhibit B Notice Sign Example, # 3 Attachment – Civil Cover Sheet) (kc) (Entered: 06/25/2021) |
| 06/25/2021 | 2 | NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) (Entered: 06/25/2021) |
| 06/25/2021 | 3 | NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc) (Entered: 06/25/2021) |
| 06/25/2021 | TN State Bar status verified as active for Thomas H. Castelli and Stella Yarbrough admitted to this court. (kc) (Entered: 06/25/2021) | |
| 06/25/2021 | NY State Bar status verified as active for Emerson Sykes and Rose Saxe not admitted to this court – Local counsel secured. (kc) (Entered: 06/25/2021) | |
| 06/25/2021 | NOTICE TO COUNSEL Emerson Sykes and Rose Saxe: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 7/16/2021. (kc) (Entered: 06/25/2021) | |
| 06/25/2021 | 4 | NOTICE of Initial Case Management Conference is set for 8/23/2021 at 3:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (kc) (Entered: 06/25/2021) |
| 06/25/2021 | 5 | Summons issued as to Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, and Neal Pinkston. (Service copies held at intake for counsel to pick up.) (kc) (Entered: 06/25/2021) |
| 06/25/2021 | 6 | MOTION for Preliminary Injunction by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers. (Castelli, Thomas) (Entered: 06/25/2021) |
| 06/25/2021 | 7 | MEMORANDUM in Support of 6 MOTION for Preliminary Injunction filed by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers . (Attachments: # 1 Exhibit Exhibit A-Declaration of Robert M. Bernstein, # 2 Exhibit Exhibit B-Declaration of Kye Sayers, # 3 Exhibit Exhibit C-Declaration of Shayne Sebold Taylor, MD, # 4 Exhibit Declaration of Thomas H. Castelli, # 5 Exhibit Exhibit A to Declaration of Thomas H. Castelli, # 6 Exhibit Exhibit B to Declaration of Thomas H. Castelli)(Castelli, Thomas) (Entered: 06/25/2021) |
| 06/25/2021 | 8 | MOTION for attorney Rose Ann Saxe to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3399131) by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 06/25/2021) |
| 06/25/2021 | 9 | MOTION for attorney Emerson Sykes to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3399142) by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 06/25/2021) |
| 06/28/2021 | 10 | ORDER granting 8 and 9 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Rose Ann Saxe and Emerson Sykes to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 06/28/2021. (lh) (Entered: 06/28/2021) |
| 06/29/2021 | 11 | SUMMONS returned executed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, Kaye Sayers. Carter Lawrence served on 6/25/2021. (Attachments: # 1 Attachment Confirmation of Service)(Castelli, Thomas) (Entered: 06/29/2021) |
| 06/29/2021 | 12 | SUMMONS returned executed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, Kaye Sayers. Christopher Bainbridge served on 6/25/2021. (Attachments: # 1 Attachment Confirmation of Service)(Castelli, Thomas) (Entered: 06/29/2021) |
| 06/29/2021 | 13 | SUMMONS returned executed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, Kaye Sayers. Glenn R. Funk served on 6/25/2021. (Attachments: # 1 Attachment Confirmation of Service)(Castelli, Thomas) (Entered: 06/29/2021) |
| 06/29/2021 | 14 | SUMMONS returned executed by Robert Bernstein, Sanctuary Performing Arts LLC, Bongo Productions, LLC, Kaye Sayers. Neal Pinkston served on 6/25/2021. (Attachments: # 1 Attachment Confirmation of Service)(Castelli, Thomas) (Entered: 06/29/2021) |
| 06/30/2021 | 15 | ORDER: The Returns on the Summonses issued to the four defendants in this case state: “Service was accepted… via electronic submission on June 25, 2021.” (Doc. Nos. 11-1, 12-1, 13-1, 14-1). It is hereby ORDERED that plaintiffs’ counsel shall immediately file a Notice that gives the name, mailing address, and email address for the individual who has accepted service on behalf of all four defendants in this case. Signed by District Judge Aleta A. Trauger on 6/30/2021. (ds) (Entered: 06/30/2021) |
| 06/30/2021 | 16 | ORDER: The plaintiffs in this case have not requested a temporary restraining order, preventing H.B. 1182/S.B.1224, 112th Gen. Assemb., 1st Reg. Sess. (Tenn. 2021) from going into effect tomorrow, July 1, 2021. Instead, they have suggested a briefing schedule on their Motion for Preliminary Injunction (Doc. No. 6 at 4) that is unacceptable to the court. It is hereby ORDERED that the defendants shall respond to the Plaintiffs’ Motion for Preliminary Injunction (Doc. No. 6) by July 7, 2021. Signed by District Judge Aleta A. Trauger on 6/30/2021. (ds) (Entered: 06/30/2021) |
| 06/30/2021 | 17 | NOTICE by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kaye Sayers re 16 Order,, (Castelli, Thomas) (Entered: 06/30/2021) |
| 06/30/2021 | 18 | NOTICE of Appearance by Alexander Stuart Rieger on behalf of All Defendants (Rieger, Alexander) (Entered: 06/30/2021) |
| 07/01/2021 | TN State Bar status verified as active for Alexander Stuart Rieger admitted to this court. (kc) (Entered: 07/01/2021) | |
| 07/01/2021 | 19 | ***DISREGARD. CLERICAL ERROR.***Sealed Document filed by Jackson County Sheriff Department with Philip Davis’ last known address. (kc) Modified on 7/2/2021 (kc). (Entered: 07/02/2021) |
| 07/07/2021 | 20 | NOTICE of Appearance by Rainey A. Lankford on behalf of All Defendants (Lankford, Rainey) (Entered: 07/07/2021) |
| 07/07/2021 | 21 | RESPONSE in Opposition re 6 MOTION for Preliminary Injunction filed by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston. (Attachments: # 1 Exhibit Ex A-AP Article, # 2 Exhibit Ex B-DSM V Excerpt, # 3 Exhibit Ex C-Heino Article, # 4 Exhibit Ex D-Walter Article, # 5 Exhibit Ex E-Scully Article, # 6 Exhibit Ex F-Klein Article)(Rieger, Alexander) (Entered: 07/07/2021) |
| 07/09/2021 | 22 | MEMORANDUM OPINION OF THE COURT signed by District Judge Aleta A. Trauger on 7/9/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds) (Entered: 07/09/2021) |
| 07/09/2021 | 23 | ORDER: For the reasons explained in the accompanying Memorandum, the 7 Motion for Preliminary Injunction filed by Bongo Productions, LLC, Robert Bernstein, Sanctuary Performing Arts LLC, and Kye Sayers is hereby GRANTED. The defendants are hereby ORDERED to take no actions to enforce House Bill 1182/Senate Bill 1224, as described in the Memorandum. Because this Order imposes no material obligation upon the defendants other than continuing nonenforcement of a law that, until recently, was not in effect, the court finds that no bond is necessary pursuant to Fed. R. Civ. P 65(c). Signed by District Judge Aleta A. Trauger on 7/9/2021. (ds) (Entered: 07/09/2021) |
| 07/12/2021 | TN State Bar status verified as active for Rainey A. Lankford admitted to this court. (kc) (Entered: 07/12/2021) | |
| 07/16/2021 | 24 | ANSWER to 1 Complaint, by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston.(Rieger, Alexander) (Entered: 07/16/2021) |
| 08/17/2021 | 25 | ORDER: The initial case management conference scheduled on Monday, August 23, 2021 at 3:00 p.m. will be held in Judge Trauger’s courtroom. Lead counsel for each party shall participate in the conference. All participants will be masked and socially distanced during the conference. Signed by District Judge Aleta A. Trauger on 8/17/2021. (kc) (Entered: 08/17/2021) |
| 08/18/2021 | 26 | PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Castelli, Thomas) (Entered: 08/18/2021) |
| 08/19/2021 | 27 | MOTION to Allow Counsel to Participate in Case Management Conference by Telephone by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kye Sayers. (Castelli, Thomas) (Entered: 08/19/2021) |
| 08/20/2021 | 28 | ORDER granting 27 Motion to Allow Counsel to Participate in Case Management Conference by Telephone. Signed by District Judge Aleta A. Trauger on 8/20/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) (Entered: 08/20/2021) |
| 08/23/2021 | Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 8/23/2021. (Hearing lasted :10) (ds) (Entered: 08/23/2021) | |
| 08/23/2021 | 29 | INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 9/17/2021. Discovery due by 12/15/2021. Dispositive Motions due by 1/31/2022. Signed by District Judge Aleta A. Trauger on 8/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 08/23/2021) |
| 08/23/2021 | 30 | ORDER SETTING CASE FOR TRIAL: Bench Trial is set for 6/28/2022 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Exhibit List due by 6/21/2022. Witness List due by 6/21/2022. Pretrial Conference is set for 6/24/2022 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 6/21/2022. Signed by District Judge Aleta A. Trauger on 8/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 08/23/2021) |
| 10/20/2021 | 31 | MOTION for attorney Malita Picasso to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3470177) by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kye Sayers. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 10/20/2021) |
| 10/21/2021 | NY State Bar status verified as active for Malita Picasso not admitted to this court – Local counsel secured. (kc) (Entered: 10/21/2021) | |
| 10/25/2021 | 32 | ORDER granting 31 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Malita Picasso to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 10/25/2021. (lh) (Entered: 10/25/2021) |
| 12/15/2021 | 33 | JOINT MEDIATION REPORT filed by Robert Bernstein, Bongo Productions, LLC, Sanctuary Performing Arts LLC, Kye Sayers. (Castelli, Thomas) (Entered: 12/15/2021) |
| 01/28/2022 | 34 | STIPULATION of Dismissal by Sanctuary Performing Arts LLC, Kye Sayers. (Yarbrough, Stella) (Entered: 01/28/2022) |
| 01/31/2022 | Plaintiffs Sanctuary Performing Arts, LLC and Kye Sayers terminated as parties pursuant to 34 Stipulation of Voluntary Dismissal. (ds) (Entered: 01/31/2022) | |
| 01/31/2022 | 35 | MOTION for Summary Judgment by Robert Bernstein, Bongo Productions, LLC. (Yarbrough, Stella) Modified on 5/17/2022 (kc). (Entered: 01/31/2022) |
| 01/31/2022 | 36 | MEMORANDUM in Support of 35 MOTION for Summary Judgment filed by Robert Bernstein, Bongo Productions, LLC . (Yarbrough, Stella) (Entered: 01/31/2022) |
| 01/31/2022 | 37 | STATEMENT of facts filed by Robert Bernstein, Bongo Productions, LLC in support of 35 Motion for Summary Judgment. (Attachments: # 1 Attachment Declaration of Malita Picasso, # 2 Exhibit 1-The Act, # 3 Exhibit 2-Bernstein Deposition, # 4 Exhibit 3-Taylor Expert Report, # 5 Exhibit 4-Taylor Expert Bibliography, # 6 Exhibit 5-Taylor Expert CV, # 7 Exhibit 6-Safer Article, # 8 Exhibit 7-Karkazis Article, # 9 Exhibit 8-Ferguson Deposition, # 10 Exhibit 9-Defs Interrogatory Responses, # 11Exhibit 10-Plaintiffs Interrogatory Responses, # 12 Exhibit 11-Grady Article, # 13 Exhibit 12-Green Article, # 14 Exhibit 13-Nature Article, # 15 Exhibit 14-Mervosh Article, # 16 Exhibit 15-Opinion Letter, # 17 Exhibit 16-Chibbaro Article, # 18 Exhibit 17-CAP Policy Report, # 19 Exhibit 18-Matisse Article, # 20 Exhibit 19-Taylor Deposition)(Yarbrough, Stella) (Entered: 01/31/2022) |
| 02/01/2022 | 38 | NOTICE by Robert Bernstein, Bongo Productions, LLC of Withdrawal of Counsel (Castelli, Thomas) (Entered: 02/01/2022) |
| 03/02/2022 | 39 | RESPONSE in Opposition re 35 MOTION for Summary Judgment filed by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston. (Attachments: # 1Attachment Attachment A-Dr Taylor Depo Excerpts, # 2 Exhibit Ex A-Challenged Act, # 3 Exhibit Ex B-General Funk Article, # 4 Exhibit Ex C-DSM V Excerpt, # 5Exhibit Ex D-Heino Article, # 6 Exhibit Ex E-Walter Article, # 7 Exhibit Ex F-Scully Article, # 8 Exhibit Ex G-Klein Article, # 9 Exhibit Ex H-Haig Article, # 10Exhibit Ex I-Meyerowitz Article, # 11 Exhibit Ex J-Bachtrog Article, # 12 Exhibit Ex K-NIH Klinefelter, # 13 Exhibit Ex L-NIH Turner)(Rieger, Alexander) (Entered: 03/02/2022) |
| 03/02/2022 | 40 | STATEMENT of facts filed by Christopher Bainbridge, Glenn R. Funk, Carter Lawrence, Neal Pinkston in support of 37 Statement of facts,,, 35 Motion for Summary Judgment, 39 Response in Opposition to Motion,, 36 Memorandum in Support. (Attachments: # 1 Attachment Attachment A-Dr Taylor Depo Excerpts, # 2 Exhibit Ex A-DSM V Excerpts, # 3 Exhibit Ex B-Heino Article, # 4 Exhibit Ex C-Walter Article, # 5 Exhibit Ex D-Scully Article, # 6 Exhibit Ex- Klein Article, # 7 Exhibit Ex F-Bachtrog Article, # 8 Exhibit Ex G-NIH Klinefelter, # 9 Exhibit Ex H-NIH Turner, # 10 Exhibit Ex I-Haig Article, # 11 Exhibit Ex J-Meyerowitz Article, # 12 Exhibit Ex K-Williams Institute Report, # 13 Exhibit Ex L-Karkazis Article)(Rieger, Alexander) (Entered: 03/02/2022) |
| 03/11/2022 | 41 | REPLY to Response to re 35 MOTION for Summary Judgment filed by Robert Bernstein, Bongo Productions, LLC. (Yarbrough, Stella) (Entered: 03/11/2022) |
| 05/17/2022 | 42 | MEMORANDUM OPINION OF THE COURT. The plaintiffs’ Motion for Motion for Summary Judgment 35 will be granted. An appropriate order will enter. Signed by District Judge Aleta A. Trauger on 5/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 05/17/2022) |
| 05/17/2022 | 43 | ORDER DISMISSING CASE: For the reasons explained in the accompanying Memorandum, the plaintiffs’ Motion for Summary Judgment 35 is hereby GRANTED as to all defendants except District Attorney General Neal Pinkston. Because the only plaintiffs within Pinkston’s territorial jurisdiction voluntarily dismissed their claims, any remaining claims pending against Pinkston are DISMISSED for lack of jurisdiction. The remaining defendants are hereby ORDERED to take no actions to enforce House Bill 1182/Senate Bill 1224, as described in the Memorandum, and the court hereby DECLARES that enforcement of that law would violate the First Amendment. The Clerk shall enter judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Any request for attorneys fees shall be considered pursuant to a separate motion. Signed by District Judge Aleta A. Trauger on 5/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 05/17/2022) |
| 05/17/2022 | 44 | ENTRY OF JUDGMENT re: 43 Order Dismissing Case. (kc) (Entered: 05/17/2022) |
| 06/16/2022 | 45 | Joint MOTION to Stay Deadline for Motion for Attorneys’ Fees and Costs by Robert Bernstein, Bongo Productions, LLC. (Attachments: # 1 Attachment Proposed Order)(Yarbrough, Stella) (Entered: 06/16/2022) |
| 06/16/2022 | 46 | ORDER: Upon consideration of Counsel for Plaintiffs’ and Counsel for Defendants’ Joint Motion to Stay Deadline For Motion For Attorneys’ Fees and Costs 45 (filed June 16, 2022), and in anticipation of Counsel for both Parties reaching an agreement as to fees and costs, this Court GRANTS the Joint Motion staying the deadline under Local Rule 54.01(b)(1) for 45 days from the entry of this Order. Signed by District Judge Aleta A. Trauger on 6/16/2022. (vh) Modified text on 6/22/2022 (hb). (Entered: 06/16/2022) |
| 07/28/2022 | 47 | Joint MOTION for Extension of Time to File Motion for Attorneys’ Fees and Costs by Robert Bernstein, Bongo Productions, LLC. (Attachments: # 1 Attachment Proposed Order)(Yarbrough, Stella) (Entered: 07/28/2022) |
| 07/29/2022 | 48 | ORDER: Upon consideration of Counsel for Plaintiffs’ and Counsel for Defendants’ Joint Motion to Extend Stay of Deadline For Motion For Attorneys’ Fees and Costs 47 (filed July 28, 2022), and in anticipation of Counsel for both Parties reaching an agreement as to fees and costs, this Court GRANTS the Joint Motion extending the stay of the deadline under Local Rule 54.01(b)(1) for 45 days from the entry of this Order. Signed by District Judge Aleta A. Trauger on 7/29/2022. (kc) (Entered: 07/29/2022) |
| 09/14/2022 | 49 | Unopposed MOTION for Attorney Fees by Robert Bernstein, Bongo Productions, LLC. (Yarbrough, Stella) (Entered: 09/14/2022) |
| 09/15/2022 | 50 | MEMORANDUM in Support of 49 Unopposed MOTION for Attorney Fees filed by Robert Bernstein, Bongo Productions, LLC . (Attachments: # 1 Exhibit Ex. 1 and 2 to Memorandum in Support, # 2 Exhibit Ex. 3 Invoice of Dr. Taylor, # 3 Attachment Declaration of Stella Yarbrough, # 4 Attachment Declaration of Emerson Sykes, # 5 Exhibit Ex. 1 to Decl. of Emerson Sykes, # 6 Attachment Declaration of Malita Picasso, # 7 Exhibit Ex. 1 to Declaration of Malita Picasso, # 8 Attachment Declaration of Rose Saxe, # 9 Exhibit Ex. 1 to Declaration of Rose Saxe, # 10 Attachment Proposed Order)(Yarbrough, Stella) (Entered: 09/15/2022) |
| 09/15/2022 | 51 | ORDER: This Court GRANTS the Motion for Attorney’s Fees and Costs 49 in the amount requested. $76,917.50 to ACLU and $21,649.00 to ACLU-TENNESSEE for a total of $98,566.50. In addition, the amount of costs and expenses to be reimbursed is $6,982.25 as demonstrated in Plaintiff’s Motion. Signed by District Judge Aleta A. Trauger on 9/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 9/16/2022 (kc). Modified text on 9/23/2022 (hb). (Entered: 09/15/2022) |
Last updated 11/17/2022
Reconciled with online docket 11/16/2022