W.D. Ky. 3:19-cv-00851 Docket

Chelsey Nelson Photography v. Louisville/Jefferson County Metro Government
No. 3:19-cv-00851, Case History (under construction)

Court: Western District of Kentucky (Louisville)
Assigned to: Judge Benjamin Beaton
(previously Judge Claria Horn Boom; reassigned 12/8/20)
(previously Judge Justin R. Walker, reassigned 9/3/20)
Referred to: Magistrate Judge Colin H. Lindsay

Date Filed # Docket Text
11/19/2019 1 COMPLAINT against Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr., Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas Filing fee $ 400, receipt number 0644-2987975., filed by Chelsey Nelson, Chelsey Nelson Photography LLC. (Attachments: # 1 Cover Sheet, # 2 Exhibit 1- wedding chilled statement, # 3 Exhibit 2- editing chilled statement) (DJT) (Entered: 11/20/2019)
11/19/2019 2 Corporate Disclosure Statement by Chelsey Nelson Photography LLC. (DJT) (Entered: 11/20/2019)
11/19/2019 3 MOTION for Preliminary Injunction by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Memorandum in Support, # 2 Declaration of Chelsey Nelson In Support of Motion, # 3 Index to Appendix, # 4 Appendix, # 5 Proposed Order) (DJT) (Entered: 11/20/2019)
11/20/2019 4 Case Assignment (Random Selection): Case Assigned to Judge Justin R. Walker. (DJT) (Entered: 11/20/2019)
11/20/2019 5 Summons Issued as to Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr., Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: # 1 Summons as to LMHRC – Enforcement, # 2 Summons as to LMHRC – Advocacy, # 3 Summons as to Boyd, # 4 Summons as to Dever, # 5 Summons as to Delahanty, # 6 Summons as to Lanier, # 7 Summons as to Ramey, # 8 Summons as to Sutter, # 9 Summons as to Syed, # 10 Summons as to Thomas) (DJT) (Entered: 11/20/2019)
11/20/2019 6 MOTION for Jonathan A. Scruggs to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2988555. by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Hershberger, Joshua) (Additional attachment(s) added on 11/21/2019: # 1 Proposed Order) (JM). (Entered: 11/20/2019)
11/20/2019 7 MOTION for Katherine L. Anderson to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2988587. by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Hershberger, Joshua) (Additional attachment(s) added on 11/21/2019: # 1 Proposed Order) (JM). (Entered: 11/20/2019)
11/20/2019 8 MOTION for Bryan D. Neihart to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2988592. by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Hershberger, Joshua) (Additional attachment(s) added on 11/21/2019: # 1 Proposed Order) (JM). (Entered: 11/20/2019)
11/20/2019 9 MOTION for David A. Cortman to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2988604. by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Hershberger, Joshua) (Additional attachment(s) added on 11/21/2019: # 1 Proposed Order) (JM). (Entered: 11/20/2019)
12/02/2019 10 SUMMONS Returned Executed by Chelsey Nelson, Chelsey Nelson Photography LLC. Louisville/Jefferson County Metro Government served on 11/26/2019, answer due 12/17/2019. (Hershberger, Joshua) (Entered: 12/02/2019)
12/16/2019 11 ORDER Signed by Judge Justin R. Walker on 12/12/2019 granting 6 , 7 , 8 and 9 Motions for Attorneys Scruggs, Anderson, Neihart and Cortman to practice pro hac vice. Counsel(JM) (Entered: 12/16/2019)
12/20/2019 12 STIPULATION of Acceptance of Service of Verified Complaint and Briefing Schedule by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 12/20/2019)
12/20/2019 13 NOTICE of Conferral on Preliminary Injunction Motion by Chelsey Nelson Photography LLC, Chelsey Nelson (Neihart, Bryan) (Entered: 12/20/2019)
01/16/2020 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Attachments: # 1 Memorandum in Support, # 2 Exhibit #1 – Affidavit of Kendall Boyd, # 3 Exhibit #2 – Metro Ordinance #92, # 4 Proposed Order) (Carroll, John) (Entered: 01/16/2020)
01/16/2020 15 MOTION for Leave to File Their Response to Plaintiff’s Motion for Preliminary Injunction in Excess of LR 7.1(d) by Defendants Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Attachments: # 1 Exhibit Defendants Response to Plaintiffs Motion for Preliminary Injunction, # 2 Exhibit #2 – Affidavit of Kendall Boyd, # 3 Exhibit #3 – Metro Ordinance 92, # 4 Proposed Order) (Carroll, John) (Entered: 01/16/2020)
01/17/2020 16 RESPONSE to Motion re 15 MOTION for Leave to File Their Response to Plaintiff’s Motion for Preliminary Injunction in Excess of LR 7.1(d) filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 01/17/2020)
01/22/2020 17 STIPULATION of Extension of Time by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 01/22/2020)
01/23/2020 18 MOTION for Leave to File Brief of Amici Curiae by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Kentucky (Attachments: # 1 Exhibit A – Proposed Brief of Amici, # 2 Proposed Order Proposed Order) (Shapiro, Corey) (Entered: 01/23/2020)
01/23/2020 19 MOTION for Leave to File Brief as Amici Curiae by Amicus Americans United for Separation of Church and State (Attachments: # 1 Exhibit Proposed Brief of Amici Curiae, # 2 Proposed Order) (Crosby, Katherine) (Entered: 01/23/2020)
01/23/2020 20 Corporate Disclosure Statement by Americans United for Separation of Church and State. (Crosby, Katherine) (Entered: 01/23/2020)
01/23/2020 21 MOTION for Richard B. Katskee to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3027565. by Amicus Americans United for Separation of Church and State (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Crosby, Katherine) (Entered: 01/23/2020)
01/23/2020 22 MOTION for Kenneth D. Upton, Jr. to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3027567. by Amicus Americans United for Separation of Church and State (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Crosby, Katherine) (Entered: 01/23/2020)
01/23/2020 23 MOTION for Patrick Grubel to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3027568. by Amicus Americans United for Separation of Church and State (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Crosby, Katherine) (Entered: 01/23/2020)
01/23/2020 24 MOTION for Carmen N. Green to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3027571. by Amicus Americans United for Separation of Church and State (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Crosby, Katherine) (Entered: 01/23/2020)
01/23/2020 25 Corporate Disclosure Statement by American Civil Liberties Union, American Civil Liberties Union of Kentucky. (Gatnarek, Heather) (Entered: 01/23/2020)
01/27/2020 26 Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Proposed Order) (Neihart, Bryan) (Entered: 01/27/2020)
01/29/2020 27 MOTION for Lindsey Kaley to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3031481. by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Kentucky (Attachments: # 1 Exhibit Declaration of Lindsey Kaley, # 2 Exhibit Kaley Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Gatnarek, Heather) (Entered: 01/29/2020)
01/29/2020 28 MOTION for Hilary Ledwell to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3031493. by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Kentucky (Attachments: # 1 Exhibit Declaration of Hilary Ledwell, # 2 Exhibit Ledwell Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Gatnarek, Heather) (Entered: 01/29/2020)
02/03/2020 29

TEXT ORDER Signed by Judge Justin R. Walker on 2/3/2020. The Defendants moved for leave to file a 28-page response (DN 15 ) to Plaintiffs’ preliminary injunction motion. Plaintiffs do not oppose this motion. DN 16 . Accordingly, the Court GRANTS Defendants’ motion for leave to file a 28-page response (DN 15 ).

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
cc: Counsel (MEJ) (Entered: 02/03/2020)
02/10/2020 30

TEXT ORDER Signed by Judge Justin R. Walker on 2/10/2020. The Plaintiffs moved for leave to file a 20-page reply in support of their preliminary injunction motion and indicated that the Defendants do not oppose their motion. DN 26 . Accordingly, the Court GRANTS Plaintiffs’ motion for leave to file a 20-page reply brief (DN 26 ).

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
cc: Counsel (MEJ) (Entered: 02/10/2020)
02/12/2020 31 Unopposed MOTION for Leave to file Amici Curiae Brief in Support of Plaintiff by Amicus Family Trust Foundation of Kentucky, Inc., Defendant Center for Religious Expression, Inc. (Attachments: # 1 Memorandum in Support Amici Curiae Brief, # 2 Proposed Order Granting Leave to file Brief, # 3 Addendum Entry of Appearanc) (Napier, Gregory) (Entered: 02/12/2020)
02/13/2020 32 REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Attachments: # 1 Supplemental Declaration, # 2 Supplemental Appendix) (Neihart, Bryan) (Entered: 02/13/2020)
02/13/2020 33 RESPONSE to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Attachments: # 1 Exhibit A) (Neihart, Bryan) (Entered: 02/13/2020)
02/19/2020 34 ORDER GRANTING UNOPPOSED MOTIONS Signed by Judge Justin R. Walker on 2/18/2020: granting 18 and 19 Motions for Leave to File Amici Briefs; granting 21 , 22 , 23 , 24 , 27 , and 28 Motions for Attorneys Richard B. Katskee, Kenneth D. Upton, Jr., Patrick Grubel, Carmen Green, Lindsey Kaley, and Hilary Ledwell to Appear Pro Hac Vice; granting 31 Motion for Leave to File Amicus Brief. The Court DIRECTS the Clerk of Court to FILE DNs 18-1, 19-1, and 31-1 in the record. cc: Counsel (SMJ) (Entered: 02/19/2020)
02/19/2020 35 AMICI BRIEF by American Civil Liberties Union and American Civil Liberties Union of Kentucky. (SMJ) (Entered: 02/19/2020)
02/19/2020 36 AMICI BRIEF by Center for Religious Expression, Inc. and Family Trust Foundation of Kentucky, Inc. (SMJ) (Entered: 02/19/2020)
02/19/2020 37 AMICI BRIEF by Americans United for Separation of Church and State. (SMJ) (Entered: 02/20/2020)
02/27/2020 38 Amicus Curiae APPEARANCE entered by Eric W. Treene on behalf of United States by on behalf of United States. (Treene, Eric) (Entered: 02/27/2020)
02/28/2020 39 REPLY to Response to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Attachments: # 1 Exhibit #1 – Supplemental Affidavit of Kendall Boyd) (Carroll, John) (Entered: 02/28/2020)
03/18/2020 40 NOTICE of Supplemental Authority re 33 Response to Motion to Dismiss by Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Neihart, Bryan) Modified on 3/19/2020 to create link to DN 33 (JM). (Entered: 03/18/2020)
03/19/2020 41 NOTICE of Appearance by Peter Frank Ervin on behalf of Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Ervin, Peter) (Entered: 03/19/2020)
04/21/2020 42 NOTICE of Appearance by Casey L. Hinkle on behalf of Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Hinkle, Casey) (Entered: 04/21/2020)
04/22/2020 43

TEXT ORDER by Judge Justin R. Walker. The Court will hold an in-person hearing on Plaintiffs’ preliminary injunction motion (DN 3 ) and defendants’ motion to dismiss (DN 14 ) on July 14, 2020 at 10:00 A.M.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
cc: Counsel (MEJ) (Entered: 04/22/2020)
07/07/2020 44

TEXT ORDER by Judge Justin R. Walker on 7/7/2020. The Court RESCHEDULES the preliminary injunction and motion to dismiss hearing. The Court will hold an in-person hearing on August 7, 2020 at 10:00 A.M. The Court GRANTS Plaintiffs’ counsel’s request to participate by video conference if they are unable to travel.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
cc: Counsel (MEJ) (Entered: 07/07/2020)
07/24/2020 45 ORDER by Judge Justin R. Walker on 7/24/2020. The parties’ deadline for filing a joint notice answering questions for social distancing regarding the 8/7/2020 in-person hearing is 7/31/2020. cc: counsel (DLW) (Entered: 07/24/2020)
07/31/2020 46 JOINT NOTICE for August 7, 2020 In-Person Hearing by Chelsey Nelson Photography LLC, Chelsey Nelson (Neihart, Bryan) (Entered: 07/31/2020)
08/14/2020 47 MEMORANDUM OPINION AND ORDER Signed by Judge Justin R. Walker on 8/14/2020: The Court GRANTS in part and DENIES in part Louisville’s motion 14 to dismiss; The Court DISMISSES without prejudice the damages claims filed by Chelsey Nelson Photography, LLC and Chelsey Nelson (together, “Nelson”). The Court GRANTS in part and DENIES in part 3 Nelson’s motion 3 for preliminary injunction. cc: Counsel (JM) (Entered: 08/14/2020)
08/28/2020 48 ANSWER to 1 Complaint,, with Jury Demand by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Hinkle, Casey) (Entered: 08/28/2020)
09/03/2020 49

TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to the reassignment protocol set forth in GO 20-16, this matter is reassigned to the docket of Judge Claria H. Boom for all further proceedings.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
cc: Counsel (ALS) (Entered: 09/03/2020)
09/08/2020 50

TEXT ORDER by Judge Claria Horn Boom on 9/8/2020. Pursuant to 28 U.S.C. § 636(b)(1)(A) and Fed. R. Civ. P. 72, the Court REFERS this case to United States Magistrate Judge Colin H. Lindsay for purposes of: 1) resolving all non-dispositive pretrial motions; 2) generally managing discovery, including resolving all discovery disputes and conducting any hearing(s) other than the pretrial conference; 3) generally managing all pretrial scheduling issues, including altering any dates and/or deadlines, except deadlines for dispositive/Daubert motions, and the pretrial conference and the trial deadlines; 4) conducting a mid-discovery telephonic conference; and 5) conducting a settlement conference, if requested by the parties.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
cc: Counsel (RLK) (Entered: 09/08/2020)
09/09/2020 51 ORDER FOR MEETING AND REPORT (EBOC) by Judge Claria Horn Boom on 9/9/2020; Telephonic Rule 16 Case Management Conference set for 11/4/2020 at 11:30 AM before Magistrate Judge Colin H. Lindsay. cc: Counsel (ALS) Modified hearing Judge on 9/10/2020 (ALS). (Entered: 09/09/2020)
09/21/2020 52 FILING OF OFFICIAL TRANSCRIPT of Preliminary injunction hearing held on 8-7-2020, before Judge Justin R. Walker. Court Reporter Rebecca S. Boyd, Telephone number (502) 625-3777. 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 10/13/2020. Redacted Transcript Deadline set for 10/22/2020. Release of Transcript Restriction set for 12/21/2020. (Boyd, Rebecca) (Main Document 52 replaced on 9/21/2020) (MLG). (Entered: 09/21/2020)
09/21/2020 53 Notice of Filing Official Transcript re 52 Transcript – Court Official,,. Please review the complete Notice for instructions. (Boyd, Rebecca) (Entered: 09/21/2020)
09/21/2020 54 Joint REPORT of Rule 26(f) Planning Meeting by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 09/21/2020)
11/03/2020 55

TEXT ORDER by Magistrate Judge Colin H. Lindsay on 11/3/2020. The telephonic conference scheduled for 11/4/2020 will now be conducted via the Court’s teleconference system. Counsel for the parties shall connect to the conference by dialing 1-888-808-6929 and entering access code 2773744#.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
 

cc:counsel (TLB) (Entered: 11/03/2020)

11/03/2020 56

TEXT ORDER by Magistrate Judge Colin H. Lindsay on 11/3/2020.The Court received an inquiry from a member of the media requesting permission to dial into the conference scheduled for 11/4/2020. The Court responded to the requestor that while it will allow attendance at the conference, participation in the proceeding will not be allowed.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
 

cc:counsel (TLB) (Entered: 11/03/2020)

11/09/2020 57 SCHEDULING ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Scheduling Conference held on 11/4/2020. Rule 26(a)(1) Disclosure due by 11/16/2020. Fact Discovery due by 4/1/2021. Expert Discovery due by 6/10/2021. Joinder of Parties due by 11/5/2020. Amended Pleadings due by 11/5/2020. Expert Witness (Plaintiff) due by 4/1/2021. Expert Witness (Defendant) due by 5/1/2021. Daubert Motion due by 7/1/2021. Dispositive Motions due by 7/1/2021. Joint Status Report due by 2/22/2021. (Court Reporter: Digital) cc: Counsel (ALS) (Entered: 11/09/2020)
12/08/2020 58

TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 20-26, this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
 

cc: Counsel (MNM) (Entered: 12/08/2020)

12/18/2020 59

TEXT ORDER by Judge Benjamin Beaton on 12/18/2020; Under 28 U.S.C. § 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Colin H. Lindsay for hearing and determining all pretrial matters, including non-dispositive motions. Judge Lindsay may 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 (JM) (Entered: 12/18/2020)
02/09/2021 60

TEXT ORDER by Magistrate Judge Colin H. Lindsay on 2/9/2021. Counsel having notified the Court of a discovery dispute, a telephonic conference is scheduled for 2/23/2021 03:00 PM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
 

cc:counsel (TLB) (Entered: 02/09/2021)

02/19/2021 61 Joint STATUS REPORT by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 02/19/2021)
03/01/2021 62 ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Status Conference held on 2/23/2021. Discovery motions due by 3/5/2021; Responses due by 3/12/2021. (Court Reporter: Dena Legg) cc: counsel (JM) (Entered: 03/01/2021)
03/05/2021 63 MOTION to Compel Discovery by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Affidavit Bryan Neihart’s Declaration in Support of Plaintiffs’ Motion to Compel, # 2 Exhibit 1 – Conferral Follow Up, # 3 Exhibit 2 – Confidentiality Agreement, # 4Exhibit 3 – Responses to Plfs’ First Set of RFP, # 5 Exhibit 4 – Responses to Plfs’ First Set of Interrogatories, # 6 Exhibit 5 – 1-28-21 Letter to Counsel re Discovery, # 7 Exhibit 6 – Meet and Confer Folluw Up, # 8 Exhibit 7 -2-5-21 Letter to B. Neihart, # 9 Exhibit 8 – 2-18-21 Letter to Counsel re Discovery, # 10 Exhibit 9 – Defendants’ Initial Disclosures, # 11 Exhibit 10 – HRC 2017 Annual Report, # 12 Exhibit 11 – LOU METRO Excerpts of Production, # 13 Exhibit 12 – LOU METRO 01171-01172, # 14 Exhibit 13 – News Articles from 1991-2000, # 15Proposed Order) (Neihart, Bryan) (Entered: 03/05/2021)
03/05/2021 64 MOTION for Protective Order by Defendants Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Attachments: # 1 Exhibit Ex. 1 – Excerpts of C. Nelson Deposition, # 2 Exhibit Ex. 2 – Defendants’ Responses to RFAs, # 3 Exhibit Ex. 3 – Verna Goatley Affidavit, # 4 Exhibit Ex. 4 – HRC Annual Report, # 5 Exhibit Ex. 5 – Enforcement Board Minutes, # 6 Exhibit Ex. 6 – Produced EEOC Report, # 7 Proposed Order) (Hinkle, Casey) (Entered: 03/05/2021)
03/12/2021 65 RESPONSE to Motion re 64 MOTION for Protective Order filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 03/12/2021)
03/12/2021 66 RESPONSE to Motion re 63 MOTION to Compel Discovery filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Attachments: # 1 Exhibit Ex. 1 – C. Nelson Deposition Excerpts, # 2 Exhibit Ex. 2 – Examples of Testimony re: Discrimination) (Hinkle, Casey) (Entered: 03/12/2021)
03/22/2021 67 Return of Service Executed re: Subpoena to Testify at Deposition as to Crystal Ludwick. (Neihart, Bryan) Modified text on 3/23/2021 (JM). (Entered: 03/22/2021)
03/22/2021 68 Return of Service Executed re: Subpoena to Testify at Deposition as to Mary Slinger-Carreer. (Neihart, Bryan) Modified text on 3/23/2021 (JM). (Entered: 03/22/2021)
03/22/2021 69 Return of Service Executed re: Subpoena to Testify at Deposition as to Sarah Katherine Davis. (Neihart, Bryan) Modified text on 3/23/2021 (JM). (Entered: 03/22/2021)
03/29/2021 70 MOTION for Extension of Time to Complete Discovery (Complete Fact Discovery) by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Affidavit Bryan D. Neihart’s Declaration in Support of Plaintiffs’ Motion for Extension of Time to Complete Fact Discovey, # 2 Exhibit 1 – Email of 12-18-20, # 3 Exhibit 2 – Email of 1-12-21, # 4 Exhibit 3 – Email of 1-28-21, # 5 Exhibit 4 – Email of 2-05-21, # 6 Exhibit 5 – Email of 2-08-21, # 7 Exhibit 6 – Email of 2-22-21, # 8 Proposed Order) (Neihart, Bryan) (Entered: 03/29/2021)
04/08/2021 71 RESPONSE to Motion re 70 MOTION for Extension of Time to Complete Discovery (Complete Fact Discovery) filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Hinkle, Casey) (Entered: 04/08/2021)
04/12/2021 72 REPLY to Response to Motion re 70 MOTION for Extension of Time to Complete Discovery (Complete Fact Discovery) filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 04/12/2021)
04/14/2021 73 MOTION for Hailey M. Vrdolyak to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3324466. by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Hershberger, Joshua) (Entered: 04/14/2021)
04/21/2021 74 ORDER Signed by Magistrate Judge Colin H. Lindsay on 4/20/2021 granting 73 Motion for Attorney Hailey M. Vrdolyak to Appear Pro Hac Vice. cc: Counsel(JM) (Entered: 04/21/2021)
04/27/2021 75 ORDER Signed by Magistrate Judge Colin H. Lindsay on 4/23/2021 granting 70 Motion for Extension of Time to Complete Discovery: Fact Discovery due by 5/31/2021. Expert Witness (Defendant) due by 6/30/2021. Expert Discovery due by 8/9/2021. Dispositive Motions due by 8/30/2021. cc: Counsel (JM) (Entered: 04/27/2021)
04/28/2021 76 MOTION to Withdraw as Attorney Hilary Ledwell. (Continue to receive notice:Yes) by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Kentucky (Attachments: # 1 Proposed Order) (Kaley, Lindsey) (Entered: 04/28/2021)
05/24/2021 77 ORDER Signed by Magistrate Judge Colin H. Lindsay on 5/24/2021 granting 76 Motion to Withdraw Lindsey B. Kaley as Attorney. cc: Counsel(JM) (Entered: 05/24/2021)
06/01/2021 78 MOTION to Supplement Motion to Compel Discovery and Response to Defendants’ Motion for Protective Order re 63 Motion to Compel,,, 64 Motion for Protective Order,, by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Affidavit Declaration of Bryan D. Neihart in Support of Plaintiffs’ Supplement to Their Motion to Compel Discovery and Response to Defendants’ Motion for Protective Order, # 2 Exhibit 1 – Notice of Deposition, # 3 Exhibit 2 – Notice of Deposition, # 4 Exhibit 3 – Notice of Deposition, # 5 Exhibit 4 – Notice of Deposition, # 6 Exhibit 5 – Notice of Deposition, # 7 Exhibit 6 – Notice of Deposition, # 8 Exhibit 7 – Annual Report Covers, # 9 Exhibit 8 – 30(b)(6) Deposition Transcript, # 10 Exhibit 9 – Deposition of K. Boyd Transcript, # 11 Exhibit 10 – Deposition of V. Goatley Transcript) (Neihart, Bryan) (Entered: 06/01/2021)
06/16/2021 79 ORDER by Magistrate Judge Colin H. Lindsay on 6/15/2021. Plaintiff shall file a motion to supplement DN 63 and 65 on or before 6/25/2021; responses due by 7/2/21. Plaintiff’s request for leave to take additional Rule 30(b)(6) testimony is DENIED without prejudice. cc: counsel (JM) (Entered: 06/16/2021)
06/25/2021 80 MOTION for Leave to Supplement Motion to Compel by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Exhibit Plaintiffs’ Motion to Supplement Motion to Compel, # 2 Proposed Order) (Neihart, Bryan) (Entered: 06/25/2021)
06/30/2021 81 NOTICE of Appearance by Benjamin Seth Schecter on behalf of United States of America (Schecter, Benjamin) (Entered: 06/30/2021)
06/30/2021 82 NOTICE of Substitution of Counsel by United States of America (Treene, Eric) (Entered: 06/30/2021)
07/02/2021 83 RESPONSE to Motion re 80 MOTION for Leave to Supplement Motion to Compel filed by Kendall Boyd, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Attachments: # 1 Exhibit Hinkle Declaration) (Hinkle, Casey) (Entered: 07/02/2021)
07/16/2021 84 MOTION clarify expert deadlines re 75 Order on Motion for Extension of Time to Complete Discovery, by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Proposed Order Granting Plaintiffs’ Motion to Clarify Expert Deadlines) (Neihart, Bryan) (Entered: 07/16/2021)
07/19/2021 85 ORDER Signed by Magistrate Judge Colin H. Lindsay on 7/19/2021 granting 84 Motion to Clarify Expert Deadlines. Plaintiffs shall make their rebuttal expert disclosures on or before July 26, 2021. Any Daubert motion shall be filed on or before August 30, 2021. cc: Counsel (JM) (Entered: 07/19/2021)
07/27/2021 86 MOTION for Ryan L. Bangert to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3390342. by Plaintiff Chelsey Nelson Photography LLC (Attachments: # 1 Proposed Order Proposed Order for Admission Pro Hac Vice) (Hershberger, Joshua) (Entered: 07/27/2021)
07/29/2021 87 ORDER Signed by Magistrate Judge Colin H. Lindsay on 7/28/2021 granting 86 Motion for Attorney Ryan L. Bangert to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 07/29/2021)
08/23/2021 88 ORDER by Magistrate Judge Colin H. Lindsay on 8/20/2021. The August 30, 2021 dispositive motion deadline is STAYED pending further order of the Court. cc: counsel (JM) (Entered: 08/23/2021)
08/25/2021 89 MEMORANDUM OPINION AND ORDER Signed by Magistrate Judge Colin H. Lindsay on 8/25/2021 granting in part and denying in part 63 Plaintiff’s Motion to Compel; granting in part and denying in part 64 Defendant’ Motion for Protective Order. See order for service/production and filing deadlines. cc: Counsel(JM) (Entered: 08/25/2021)
08/30/2021 90 MOTION to Exclude Testimony of Netta Barak-Corren by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Affidavit Declaration of Bryan D. Neihart in Support of Plaintiffs’ Motion to Exclude Testimony of Netta Barak-Corren, # 2 Exhibit A-Expert Report of Netta Barak-Corren, # 3 Exhibit B-HCRCl Law Review Article, # 4 Exhibit C-JSL Law Review Article, # 5 Exhibit D-Online Appendix to Article, # 6 Exhibit E-Rebuttal Report of George Yancey Ph.D., # 7 Exhibit F-Excerpts of Deposition of Netta Barak-Corren, # 8 Exhibit G-Excerpts of Article The Supreme Court, the Media and Public Opinion, # 9 Exhibit H-Excerpts of Article The Effect of a Supreme Court Decision, # 10 Exhibit I-Excerpts of Article Backlash or Positive Response Public Opinion, # 11 Exhibit J-Excerpts of Article Same Sex Marriage Legalization, # 12 Exhibit K-Excerpts of Article Beyond Dissent and Compliance, # 13 Exhibit L-Excerpts of Defs’ Response to First Set of Interogatories, # 14 Exhibit M-Excerpts of 30b06 Deposition Transcript, # 15 Exhibit N-Excerpts of Deposition Transcript of Verna Goatley, # 16 Exhibit O-Defs’ Motion to Dismiss Complaint, # 17 Exhibit P-Article The Regression Fallacy, # 18 Exhibit Q-Article Correcting for Regression, # 19 Proposed Order Granting Motion to Exclude Testimony of Netta Barak-Corren) (Neihart, Bryan) (Entered: 08/30/2021)
08/30/2021 91 MOTION to Exclude or Limit Testimony by Plaintiffs’ Rebuttal Expert George Yancey by Defendants Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Attachments: # 1 Exhibit Prof. Netta Barak-Corren’s Expert Report, # 2 Exhibit Prof. Yancey’s Rebuttal Report, # 3 Exhibit Prof. Yancey’s 2018 Article, # 4 Proposed Order) (Hinkle, Casey) (Entered: 08/30/2021)
09/01/2021 92 MOTION for Summary Judgment by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Memorandum in Support of Plaintiffs’ Motion for Summary Judgment, # 2 Affidavit Declaration of Chelsey Nelson, # 3 Affidavit Declaration of Bryan Neihart, # 4 Index Table of Contents to Appendix, # 5 Appendix Part 1 to Appendix in Support of Motion for Summary Judgment, # 6Appendix Part 2 to Appendix in Support of Motion for Summary Judgment, # 7 Appendix Part 3 to Appendix in Support of Motion for Summary Judgment, # 8 Proposed Order Granting Plaintiffs’ Motion for Summary Judgment) (Neihart, Bryan) (Entered: 09/01/2021)
09/16/2021 93 Proposed Agreed Order for Extension of Briefing Deadline by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Hinkle, Casey) (Entered: 09/16/2021)
09/21/2021 94 ORDER Signed by Magistrate Judge Colin H. Lindsay on 9/20/2021 granting 93 Proposed Agreed Order. The Parties’ responses to DN 90 and DN 91 shall be filed on or before September 29, 2021. cc: Counsel(JM) (Entered: 09/21/2021)
09/22/2021 95 MOTION for Leave to File Excess Pages by Defendants Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Attachments: # 1 Proposed Order) (Hinkle, Casey) (Entered: 09/22/2021)
09/22/2021 96 MOTION for Summary Judgment by Defendants Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Attachments: # 1 Proposed Order) (Hinkle, Casey) (Entered: 09/22/2021)
09/22/2021 97 RESPONSE to Motion re 92 MOTION for Summary Judgment and Memorandum in Support of Cross-Motion for Summary Judgment filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Attachments: # 1 Exhibit Louisville Metro Antidiscrimination Law, # 2 Exhibit Excerpts from HRC Annual Reports (1985-1993), # 3 Exhibit Excerpts of Citizen Testimony, # 4 Exhibit 1999 Ordinance, # 5 Exhibit Louisville Metro Ordinance Chapter 32 re: HRC, # 6 Exhibit HRC Annual Reports (2012-2014), # 7 Exhibit Excerpts from Chelsey Nelson Deposition, # 8Exhibit Chelsey’s Wedding Services Agreement, # 9 Exhibit Kendall Boyd Affidavit, # 10 Exhibit Excerpts from Transcript of Oral Argument re: Preliminary Injunction, # 11 Exhibit Netta Barak-Corren Expert Report) (Hinkle, Casey) (Entered: 09/22/2021)
09/27/2021 98 Unopposed MOTION to Strike and Substitute 97 Response to Motion . Document or Part to be Stricken and/or Substituted: Doc. 97 by Defendants Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Attachments: # 1 Exhibit Substitute for Doc. 97, # 2 Proposed Order) (Hinkle, Casey) (Entered: 09/27/2021)
09/29/2021 99 RESPONSE to Motion re 90 MOTION to Exclude Testimony of Netta Barak-Corren filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Attachments: # 1 Affidavit Declaration of Bryan D. Neihart in Support of Plaintiffs’ Response to Defendants’ Motion to Limit Testimony by Plaintiffs’ Rebuttal Expert, George Yancey, Ph.D., # 2 Exhibit A-Excerpts of Expert Report of Netta Barak-Corren, # 3 Exhibit B-Excerpts of George Yancey’s Book) (Neihart, Bryan) (Entered: 09/29/2021)
09/29/2021 100 RESPONSE to Motion re 91 MOTION to Exclude or Limit Testimony by Plaintiffs’ Rebuttal Expert George Yancey filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Attachments: # 1 Affidavit Declaration of Bryan D. Neihart in Support of Plaintiffs’ Response to Defendants’ Motion to Limit Testimony by Plaintiffs’ Rebuttal Expert, George Yancey, Ph.D., # 2 Exhibit A-Excerpts of Expert Report of Netta Barak-Corren, # 3 Exhibit B-Excerpts of George Yancey’s Book) (Neihart, Bryan) (Entered: 09/29/2021)
10/01/2021 101 ORDER Signed by Magistrate Judge Colin H. Lindsay on 10/1/2021 granting 98 Motion to Strike. The Clerk of Court is directed to replace DN 97 with the redacted version at DN 98-1. cc: Counsel(JM) (Entered: 10/01/2021)
10/05/2021 102 Joint MOTION for Extension of Time to File and Extension of Page Limits by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Proposed Order Proposed Order Granting Joint Motion for Extensions of Time and Page Limits) (Neihart, Bryan) (Entered: 10/05/2021)
10/06/2021 103

TEXT ORDER: The Court grants the parties’ joint motion (DN 102 ) for an extension of time and page limits.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
cc: Counsel (JM) (Entered: 10/06/2021)
10/20/2021 104 RESPONSE to Motion re 92 MOTION for Summary Judgment , 96 MOTION for Summary Judgment (Combined Response to Defendants’ Cross-Motion for Summary Judgment and Reply in Support of Plaintiffs’ Summary Judgment Motion filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Attachments: # 1 Affidavit Chelsey Nelson’s Declaration in Support of Plaintiffs’ Combined Response to Defendants Cross-Motion for Summary Judgment and Reply in Support of Their Summary Judgment Motion, # 2 Affidavit Bryan Neihart’s Declaration in Support of Plaintiffs’ Combined Response to Defendants Cross-Motion for Summary Judgment and Reply in Support of Their Summary Judgment Motion, # 3 Index Continued Table of Contents to Appendix to Plaintiff’s’ Brief in Support of Plaintiffs’ Summary Judgment Motion, # 4 Appendix Supplemental Appendix to Plaintiffs’ Brief in Support of Plaintiffs’ Summary Judgment Motion, # 5 Supplement Statement of Stipulated Fact) (Neihart, Bryan) (Entered: 10/20/2021)
10/20/2021 REPLY to Response to Motion re 92 MOTION for Summary Judgment filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (*NO PDF ATTACHED TO THIS ENTRY. This reply was incorporated within DN 104 and has been refiled by the Clerk for reporting purposes. Please see DN 104 for viewing.) (JM) (Entered: 10/21/2021)
10/25/2021 105 REPLY to Response to Motion re 91 MOTION to Exclude or Limit Testimony by Plaintiffs’ Rebuttal Expert George Yancey filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Hinkle, Casey) (Entered: 10/25/2021)
10/25/2021 106 REPLY to Response to Motion re 90 MOTION to Exclude Testimony of Netta Barak-Corren filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Attachments: # 1 Affidavit Bryan D. Neihart’s Supplemental Declaration in Support of Plaintiffs’ Motion to Exclude Testimony of Netta Barak-Corren, # 2 Exhibit R to Supplemental Declaration of Bryan D.Neihart, # 3 Exhibit S to Supplemental Declaration of Bryan D. Neihart) (Neihart, Bryan) (Entered: 10/25/2021)
10/26/2021 107 ORDER Signed by Magistrate Judge Colin H. Lindsay on 10/25/2021 granting 95 Motion for Leave to File Excess Pages. cc: Counsel (JM) (Entered: 10/26/2021)
10/27/2021 108 MOTION for Leave to File Brief of Amici Curiae by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Kentucky (Attachments: # 1 Exhibit Proposed Brief of Amici, # 2 Proposed Order) (Kaley, Lindsey) (Entered: 10/27/2021)
10/28/2021 109 Joint STATUS REPORT by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 10/28/2021)
11/01/2021 110 RESPONSE to Motion re 108 MOTION for Leave to File Brief of Amici Curiae filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Attachments: # 1 Proposed Order Denying Leave to File Amicus Brief of ACLU and ACLU of Kentucky, # 2 Proposed Order Proposed Alternative Order Granting Plaintiffs’ Leave to File Response to Amicus Brief of ACLU and ACLU of Kentucky) (Neihart, Bryan) (Entered: 11/01/2021)
11/01/2021 MOTION for Leave to file a 15-page response to the ACLU’s proposed amici curiae brief by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson. (*NO PDF ATTACHED. This motion was incorporated within Plaintiff’s response at DN 110 and has been refiled by the Clerk for reporting purposes. Please see DN 110 for viewing.) (JM) (Entered: 11/02/2021)
11/10/2021 111 REPLY to Response to Motion re 96 MOTION for Summary Judgment filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Hinkle, Casey) (Entered: 11/10/2021)
11/12/2021 112 Unopposed MOTION for Extension of Time to Complete Discovery Required by Court Order Dated August 25, 2021 by Defendants Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas (Attachments: # 1 Proposed Order) (Hinkle, Casey) (Entered: 11/12/2021)
11/18/2021 113 ORDER Signed by Magistrate Judge Colin H. Lindsay on 11/17/2021 granting 112 Motion for Extension of Time to Complete Discovery. cc: Counsel (DeW) (Entered: 11/18/2021)
12/14/2021 114 NOTICE of Supplemental Authority in Support of Plaintiffs’ Combined Response to Defendants’ Cross-Motion for Summary Judgment and Reply in Support of Their Summary Judgment by Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Exhibit A – Whole Woman’s Health v Jackson) (Neihart, Bryan) (Entered: 12/14/2021)
12/22/2021 115 NOTICE of Supplemental Authority by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas re 96 MOTION for Summary Judgment , 92 MOTION for Summary Judgment , 114 Notice (Other), (Attachments: # 1 Exhibit 1 – Emilee Carpenter LLC v. James) (Hinkle, Casey) (Entered: 12/22/2021)
01/05/2022 116 RESPONSE to re 115 Notice (Other),, Plaintiffs’ Response to Defendants’ Combined Response to Plaintiffs’ Supplemental Authority and Notice of Supplemental Authority Relevant to the Pending Cross-Motions for Summary Judgment filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 01/05/2022)
01/10/2022 117

TEXT ORDER: The Court grants amicus curiae ACLU’s motion for leave to file an amicus brief out of time (DN 108 ), and grants Plaintiff Chelsey Nelson Photography’s motion for leave to file a 15-page response (DN 110 ).

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
 

cc: Counsel (JM) (Entered: 01/10/2022)

01/24/2022 118 RESPONSE to re 108 MOTION for Leave to File Brief of Amici Curiae filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Attachments: # 1 Exhibit A – Amicus Brief) (Neihart, Bryan) (Entered: 01/24/2022)
02/22/2022 119 SEALED MOTION re 89 Order on Motion to Compel,, Order on Motion for Protective Order, by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Affidavit Bryan D. Neihart’s Declaration in Support of Plaintiffs’ Motion to Supplement the Summary Judgment Record or to Take Judicial Notice, # 2 Exhibit A to Bryan D. Neihart’s Declaration in Support of Plaintiffs’ Motion to Supplement the Summary Judgment Record or to Take Judicial Notice, # 3 Appendix Appendix to Bryan D. Neihart’s Declaration in Support of Plaintiffs’ Motion to Supplement the Summary Judgment Record or to Take Judicial Notice, # 4 Proposed Order) (Neihart, Bryan) (Entered: 02/22/2022)
03/15/2022 120 RESPONSE to Motion re 119 SEALED MOTION re 89 Order on Motion to Compel,, Order on Motion for Protective Order, Response to Plaintiff’s Motion to Supplement Summary Judgment Record filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Hinkle, Casey) (Entered: 03/15/2022)
03/18/2022 121 SEALED DOCUMENT re 89 Order on Motion to Compel,, Order on Motion for Protective Order, by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Neihart, Bryan) Modified text on 3/21/2022 changing from a Sealed Motion to Seal Document.(DeW) (Entered: 03/18/2022)
03/18/2022 REPLY to Response to Motion re 119 SEALED MOTION re 89 Order on Motion to Compel,, Order on Motion for Protective Order, filed by Chelsey Nelson Photography LLC. (*NOTE-NO PDF ATTACHED; This reply was originally filed at DN 121 . This entry has been made for reporting purposes.) (DeW) (Entered: 03/21/2022)
03/21/2022 NOTICE OF DOCKET CORRECTION re 121 SEALED MOTION: n>ERROR Attorney used incorrect ECF event. The correct ECF event should have been Sealed Document. The Clerk has modified this entry. Nothing further needed from filing Attorney. (DeW) (Entered: 03/21/2022)
03/30/2022 122 ORDER by Magistrate Judge Colin H. Lindsay on 3/29/2022. On or before April 18, 2022, Plaintiffs shall file a motion to seal the documents filed at DN 119 and DN 121 . cc: counsel (JM) (Entered: 03/30/2022)
03/30/2022 123 MEMORANDUM AND ORDER REGARDING SEALING CONFIDENTIAL INFORMATION by Magistrate Judge Colin H. Lindsay on 3/29/2022. This memorandum and order regarding sealing confidential information enunciates the specific standards that must be met and the procedures that must be followed in order to file anything in the Court record under seal. cc: counsel (JM) (Entered: 03/30/2022)
04/18/2022 124 MOTION to Unseal Document 119 SEALED MOTION re 89 Order on Motion to Compel,, Order on Motion for Protective Order, filed by Chelsey Nelson, Chelsey Nelson Photography LLC, 121 SEALED MOTION re 89 Order on Motion to Compel, Order on Motion for Protective Order, filed by Chelsey Nelson, Chelsey Nelson Photography LLC by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Proposed Order re Plaintiffs’ Motion to Unseal Documents 119 and 121 and Their Attachments) (Neihart, Bryan) (Entered: 04/18/2022)
05/02/2022 125 RESPONSE to Motion re 124 MOTION to Unseal Document 119 SEALED MOTION re 89 Order on Motion to Compel,, Order on Motion for Protective Order, filed by Chelsey Nelson, Chelsey Nelson Photography LLC, 121 SEALED MOTION  and Cross-Motion to Permanently Seal filed by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. (Attachments: # 1 Proposed Order) (Hinkle, Casey) (Entered: 05/02/2022)
05/04/2022 126 REPLY to Response to Motion re 124 MOTION to Unseal Document 119 SEALED MOTION re 89 Order on Motion to Compel,, Order on Motion for Protective Order, filed by Chelsey Nelson, Chelsey Nelson Photography LLC, 121 SEALED MOTION  filed by Chelsey Nelson Photography LLC, Chelsey Nelson. (Neihart, Bryan) (Entered: 05/04/2022)
06/02/2022 127 MEMORANDUM OPINION AND ORDER Signed by Magistrate Judge Colin H. Lindsay on 6/1/2022. Defendants’ request to permanently seal DN 119-3 (DN 125 ) is DENIED. Plaintiffs’ motion to unseal DN 119 and 121 (DN 124 ) is GRANTED. The Clerk of Court is directed to unseal DN 119 and accompanying exhibits and DN 121 . Defendants shall file unredacted versions of the documents by June 30, 2022. cc: Counsel (DeW) (Entered: 06/02/2022)
06/06/2022 128 NOTICE of Supplemental Authority in Support of Plaintiffs Combined Response to Defendants Cross-Motion for Summary Judgment and Reply in Support of Their Summary Judgment by Chelsey Nelson Photography LLC, Chelsey Nelson re 108 MOTION for Leave to File Brief of Amici Curiae, 96 MOTION for Summary Judgment , 92 MOTION for Summary Judgment (Attachments: # 1 Exhibit A – FEC v Cruz, # 2 Exhibit B – NetChoice v AG Florida) (Neihart, Bryan) (Entered: 06/06/2022)
06/27/2022 129 NOTICE of Compliance by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas re 127 Order on Motion to Unseal Document, (Attachments: # 1 Exhibit Scooter’s Triple B Files, # 2 Exhibit Teen Challenge of Kentucky Files) (Hinkle, Casey) (Entered: 06/27/2022)
08/30/2022 130 OPINION & ORDER: The Court grants Nelson’s motion for summary judgment (DN 92 ), denies in part and grants in part the City’s cross-motion for summary judgment (DN 96 ), grants Nelson’s motion to exclude the expert testimony of Prof. Barak-Corren (DN 90 ), and denies as moot the City’s motion to exclude the testimony of Nelson’s own expert offered in rebuttal (DN 91 ). The Court grants Nelson’s request for an injunction against the City’s enforcement of the Ordinance against her and converts the preliminary injunction entered against the City (DN 47 at 2) into a permanent injunction and declaration as set out below. cc: Counsel (SMJ) (Entered: 08/30/2022)
09/02/2022 131

TEXT ORDER: In light of the Opinion & Order (DN 130 ), and its lack of reliance on the material offered in Nelson’s motion to supplement (DN 119 ), the Court denies that motion as moot.

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
 

cc: Counsel (SMJ) (Entered: 09/02/2022)

09/02/2022 132 JUDGMENT: For the reasons stated in the Court’s opinion and order (DN 130 ), the Court enters judgment in favor of the Plaintiffs. This is a final and appealable order. cc: Counsel (SMJ) (Entered: 09/02/2022)
09/23/2022 133 Agreed MOTION for Extension of Time to File Plaintiffs’ Motion for Attorney’s Fees and Costs by Plaintiffs Chelsey Nelson Photography LLC, Chelsey Nelson (Attachments: # 1 Proposed Order re Stipulated Motion for Extension of Time for Plaintiffs to File Motion for Attorney’s Fees and Costs) (Neihart, Bryan) (Entered: 09/23/2022)
09/29/2022 134 NOTICE OF APPEAL as to 132 Judgment, 130 Order on Motion to Exclude, Order on Motion for Summary Judgment, by Kendall Boyd, Kevin Delahanty, Marie Dever, Charles Lanier, Sr, Louisville Metro Human Relations Commission-Advocacy, Louisville Metro Human Relations Commission-Enforcement, Louisville/Jefferson County Metro Government, Laila Ramey, William Sutter, Ibrahim Syed, Leonard Thomas. Filing fee $ 505, receipt number AKYWDC-3669680. (Hinkle, Casey) (Entered: 09/29/2022)
10/04/2022 135

TEXT ORDER: The Court grants the parties’ stipulated motion for an extension of time (DN 133 ) for Plaintiffs to file their motion for attorney’s fees and costs, and extends that deadline to no later than 60 days after the Sixth Circuit issues its mandate on Defendants’ appeal of the Court’s Opinion & Order (DN 130 ) and Judgment (DN 132 ).

 

 

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
cc: Counsel (JM) (Entered: 10/04/2022)
10/04/2022 136 USCA Case Number 22-5884 for 134 Notice of Appeal. (Case Manager: Jennifer A. Strobel) (JM) (Entered: 10/04/2022)
10/10/2022 137 NOTICE OF CROSS APPEAL as to 132 Judgment, 131 Order,, Terminate Motions, 130 Order on Motion to Exclude,,,,,, Order on Motion for Summary Judgment,,,,, 47 Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss for Failure to State a Claim, by Chelsey Nelson Photography LLC, Chelsey Nelson. Filing fee $ 505, receipt number AKYWDC-3674398. (Scruggs, Jonathan) (Entered: 10/10/2022)
10/13/2022 138 USCA Case Number 22-5912 for 137 Notice of Cross Appeal (JM) (Entered: 10/13/2022)
12/14/2022 139 ORDER of USCA as to 134 Notice of Appeal. ORDER filed denying motion to hold briefing in abeyance. (JM) (Entered: 12/14/2022)
06/28/2023 140 ORDER of USCA as to 134 Notice of Appeal. ORDER filed granting motions 31 and 45 file amicus brief. (JM) (Entered: 06/28/2023)
09/29/2023 141 NOTICE of Withdrawal as Counsel by Chelsey Nelson Photography LLC, Chelsey Nelson (Vrdolyak, Hailey) (Entered: 09/29/2023)
10/25/2023 142 NOTICE of Withdrawal as Counsel by American Civil Liberties Union, American Civil Liberties Union of Kentucky (Gatnarek, Heather) (Entered: 10/25/2023)

Last updated 03/04/2024
Reconciled with online docket 02/25/2024