Case: Lopez v. Metro. Gov’t of Nashville & Davidson Cnty.

Lopez v. Metro

Lopez v. Metro

Lopez v. Metro

Kimberly Lopez v. Metropolitan Government of Nashville and Davidson County

Lopez v. Metro

Lopez v. Metro

Lopez v. Metro

Lopez v. Metro

Lopez v. Metro

Lopez v. Metro

NOTICE OF REMOVAL by The Board of Education for the Metropolitan Nashville Public Schools from Circuit Court of Davidson County, Tennessee, case number 07−1687−IV.Filing fee paid $350. (Attachments: # 1 Original Complaint)(eh) (Entered: 08/03/2007)

NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) (Entered: 08/03/2007)

NOTICE of Initial Case Management Conference set for 10/5/2007 at 11:30 AM in Room 825 before District Judge Aleta A. Trauger. (eh) (Entered: 08/03/2007)

MOTION for Leave to Serve Expedited Discovery by Kimberly Lopez. (w/exhs. 1−4) (Homlar, Robert) Modified Text on 8/3/07 (jb). (Entered: 08/03/2007)

Note to Filer re DE #4−Each exhibit should be filed as a separate attachment to the main document and the mandatory description field used. The mandatory description field should be used to accurately describe the contents of yourattachment (labeling as Exhibit A, B C or Exhibit 1, 2, 3 is not sufficient). This document does not need to be re−filed unless otherwise directed by the Court. (jb) (Entered: 08/03/2007)

RESPONSE to 4 Motion to Expedite Discovery filed by The Board of Education for the Metropolitan Nashville Public Schools. (Attachment: (1) Exhibit A − Affidavit of Sandra Burton) (Young, Francis) Modified on 8/7/07 (jb). (Entered: 08/06/2007)

ORDER denying 4 Plaintiff's Motion for Leave to Serve Expedited Discovery. Signed by Judge Aleta A. Trauger on 8/7/07. (jb) (Entered: 08/07/2007)

Note to Filer re−DE #5−Signed affidavits should be filed as separate events, not as attachments to other pleadings. This document does not need to be re−filed unless otherwise directed by the Court. (jb) (Entered: 08/07/2007)

MOTION to Correct Misjoinder by The Board of Education for the Metropolitan Nashville Public Schools. (Young, Francis) (Entered: 08/15/2007)

ORDER granting 7 Motion for Extension of Time to Answer; The Board of Education for the Metropolitan Nashville Public Schools answer due 8/24/2007 . Signed by Judge Aleta A. Trauger on 8/16/07. (km, ) (Entered: 08/16/2007)

MOTION to Dismiss by The Board of Education for the Metropolitan Nashville Public Schools. (Young, Francis) (Entered: 08/24/2007)

MEMORANDUM in Support of 10 MOTION to Dismiss filed by The Board of Education for the Metropolitan Nashville Public Schools. (Attachments: # 1 Appendix McKnight−unpublished case# 2 Appendix Fairview Titans−unpublished case# 3 Appendix Clark−unpublished case)(Young, Francis) (Entered: 08/24/2007)

MOTION to Amend Complaint by Kimberly Lopez. (Attachment: (1) Exhibit 1 − Amended Complaint)(Homlar, Robert) Modified Text on 9/10/07 (jb). (Entered: 09/10/2007)

RESPONSE in Opposition re 10 MOTION to Dismiss filed by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Weisbarth v. Geauga Park District, et al.# 2 Exhibit 2 − Westlaw − Lindsay v. Yates, et al.# 3 Exhibit 3 − Westlaw − McKnight et al. v. Gates# 4 Exhibit 4 − Westlaw − Hobson v. City of Memphis, et al.)(Homlar, Robert) (Entered: 09/10/2007)

ORDER granting 8 Motion to Correct Misjoinder. The Board of Education for the Metropolitan Nashville Public Schools shall be dropped as a deft, and the Metropolitan Government of Nashville and Davidson County shall be substituted as the sole deft; granting 12 Motion to Amend. Pltf shall file an amended complaint by 9/20/07; denying without prejudice 10 Motion to Dismiss. Signed by Judge Aleta A. Trauger on 9/14/07. (gi, ) (Entered: 09/14/2007)

AMENDED COMPLAINT against Metropolitan Government of Nashville &Davidson County, filed by Kimberly Lopez.(Homlar, Robert) (Entered: 09/14/2007)

MOTION to Dismiss Amended Complaint by Metropolitan Government of Nashville &Davidson County. (Young, Francis) (Entered: 09/19/2007)

MEMORANDUM in Support of 16 MOTION to Dismiss Amended Complaint filed by Metropolitan Government of Nashville &Davidson County. (Attachments: # 1 Appendix McKnight v. Gates−unpublished case# 2 Appendix Fairview Titans v. Anderson−unpublished case# 3 Appendix Clark v. Banks−unpublished case)(Young, Francis) (Entered: 09/19/2007)

PROPOSED CASE MANAGEMENT ORDER filed by all parties. (Homlar, Robert) (Entered: 10/02/2007)

RESPONSE in Opposition re 16 MOTION to Dismiss Amended Complaint filed by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Carlos B. Hobson v. City of Memphis, et al.)(Homlar, Robert) (Entered: 10/03/2007)

ORDER: Discussion at the initial case management conference held on 10/5/07 revealed that this case was a related case to Staehling v. Metropolitan Government of Nashville and Davidson County, Case No. 3:07−0797. Judge Trauger has conferred with Senior Judge Echols, who is assigned to the Staehling case, the earlier−filed case, and the judges are in agreement that, indeed, this case and the Staehling case are related under the factors set out in Administrative Order 176. This case is transferred to Senior Judge Echols for further handling. Signed by Judge Aleta A. Trauger on 10/5/07. (jb) (Entered: 10/05/2007)

Minute Entry for proceedings held before Judge Aleta A. Trauger : Case Management Conference held on 10/5/2007. Order to enter (Court Reporter none.) (bb−j) (Entered: 10/05/2007)

ORDER: This case is REFERRED to Magistrate Judge Juliet E. Griffin for case management purposes pursuant to Local Rule 16.01. A proposed Initial Case Management Order has been filed by the parties (DE #18). Magistrate Judge Griffin will advise the parties by separate order concerning the re−setting of the Initial Case Management Conference. Signed by Judge Robert Echols on 10/23/07. (jb) (Entered: 10/24/2007)

MOTION for Consolidation and Argument in Support Thereof by Kimberly Lopez. (Attachment: (1) Exhibit 1 − David L. Carpenter et al. v. GAF Corporation, et al., Nicolet, Inc., et al.)(Homlar, Robert) Modified Text on 11/6/07 (jb). (Entered: 11/05/2007)

MOTION to Class Determination by Kimberly Lopez. (Homlar, Robert) Modified Text on 11/15/07 (jb). (Entered: 11/13/2007)

ORDER: The Initial Case Management Conference is rescheduled for 11/28/07 at 9:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. Signed by Judge Juliet E. Griffin on 11/19/07. (jb) (Entered: 11/20/2007)

MOTION for Extension of Time to Respond to 24 MOTION for Class Determination by Metropolitan Government of Nashville &Davidson County. (Young, Francis) Modified Text on 11/27/07 (jb). (Entered: 11/27/2007)

Minute Entry for proceedings held before Judge Juliet E. Griffin : Initial Case Management Conference held on 11/28/2007; ORDER to enter. (Tape #G2007−126, 127.) (jwc) (Entered: 11/28/2007)

ORDER granting 26 Motion for Extension of Time to Respond to Motion for Class Determination. The time within which the defts shall respond to the motion is extended through 11/30/07. Signed by Judge Robert Echols on 11/30/07. (jb) (Entered: 11/30/2007)

MOTION to Revise 27 Order by Metropolitan Government of Nashville &Davidson County. (Young, Francis) Modified Text on 12/3/07 (jb). (Entered: 11/30/2007)

ORDER: The 28 deft's motion to revise order is granted. As addressed at the initial case management conference held on 11/28/07, the pltf withdrew its 24 motion for class determination without prejudice. The Clerk is directed to terminate the 24 motion for class determination as pending. The time for the pltf to file a renewed motion for class certification with an accompanying memorandum is extended to 12/7/07. Any response to such a motion shall be filed 2 weeks of the filing of the motion or by 12/21/07, if the revised motion is filed on 12/7/07. Any reply, if necessary, shall be filed within 2 weeks of the filing of the response or by 1/4/08, if the response is filed on 12/12/07. All other matters addressed at the 11/28/07, initial case management conference will be addressed by separate order. Signed by Judge Juliet E. Griffin on 12/3/07. (jb) (Entered: 12/03/2007)

RESPONSE to Motion re 23 MOTION for Consolidation and Argument in Support Thereof filed by Metropolitan Government of Nashville &Davidson County. (Young, Francis) (Entered: 12/03/2007)

RENEWED MOTION for Class Determination by Kimberly Lopez. (Homlar, Robert) Modified Text on 12/10/2007 (dt). (Entered: 12/07/2007)

MEMORANDUM in Support of 31 RENEWED MOTION for Class Determination filed by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Genesis Academy − Community Contact Log# 2 Exhibit 2 − Resp to Pltf First Set Rogs and RFP Docs# 3 Exhibit 3 − In Re: Aredia and Zometa Products Liability Litigation# 4 Exhibit 4 − Edward Day v. Check Brokerage Corp. et al.)(Homlar, Robert) Modified Text on 12/10/2007 (dt). (Entered: 12/07/2007)

MOTION for Leave to File Reply to 30 Defendant's Response to 23 Plaintiffs' Motion for Consolidation by Kimberly Lopez. (Attachments: (1) Exhibit 1 − Reply to Defendant's Response to Plaintiffs' Motion for Consolidation)(Homlar, Robert) Modified Text on 12/13/07 (jb). (Entered: 12/13/2007)

RESPONSE to 31 Renewed MOTION for Class Determination filed by Metropolitan Government of Nashville &Davidson County. (Attachments: (1) Appendix Reeb 1 (2) Appendix Mason)(Young, Francis) Modified Text on 12/26/07 (jb). (Entered: 12/21/2007)

Second MOTION to Amend Complaint by Kimberly Lopez. (Attachments: (1) Exhibit 1 − Second Amended Complaint (2) Exhibit 2 − Affidavit of W. Gary Blackburn)(Homlar, Robert) Modified Text on 12/26/07 (jb). (Entered: 12/21/2007)

Note to Filer re DE #35−Signed affidavits should be filed as separate events, not as attachments to other pleadings. This document does not need to be re−filed unless otherwise directed by the Court. (jb) (Entered: 12/26/2007)

MOTION for Order Compelling Disclosure and Discovery and Memorandum of Law in Support Thereof by Kimberly Lopez. (Attachments: (1) Exhibit 1 − Plaintiffs Rogs/RFP Docs (2) Exhibit 2 − Deft Resp to Rogs/RFP Docs (3) Exhibit 3 − Homlar 11.29.07 Ltr to Young &Farrar (4) Exhibit 4 − Young 12.07.07 Ltr to Homlar (5) Exhibit 5 − Young 12.14.07 Ltr to Homlar (6) Exhibit 6 − Shereen Eicholtz v. J.C. Penney Co., et al. (7) Exhibit 7 − Brian Wayne Miner v. Kendall, et al.)(Homlar, Robert) Modified Text on 1/2/08 (jb). (Entered: 12/31/2007)

AFFIDAVIT of Robert T. Homlar in support of 36 MOTION for Order Compelling Disclosure and Discovery and Memorandum of Law in Support Thereof by Kimberly Lopez. (Homlar, Robert) Modified Text on 1/2/08 (jb). (Entered: 12/31/2007)

CERTIFICATE of Good Faith in Support of 36 Plaintiff's Motion for Order Compelling Disclosure and Discovery filed by Kimberly Lopez. (Homlar, Robert) Modified Text on 1/2/08 (jb). (Entered: 12/31/2007)

REPLY to Response to Motion re 24 MOTION to Class Determination filed by Kimberly Lopez. (Homlar, Robert) (Entered: 01/04/2008)

AFFIDAVIT of Kimberly D. Lopez in support of 39 REPLY to Response to Motion re 24 MOTION to Class Determination by Kimberly Lopez. (Homlar, Robert) Modified Text on 1/7/08 (jb). (Entered: 01/04/2008)

MOTION for Extension of Time to Respond to 35 Second MOTION to Amend Complaint and 36 MOTION for Order Compelling Disclosure and Discovery and Memorandum of Law in Support Thereof by Metropolitan Government of Nashville &Davidson County. (Young, Francis) Modified Text on 1/9/08 (jb). (Entered: 01/08/2008)

MOTION to Quash Deposition Subpoena by Kolby Harris. (Tennent, Richard) (Entered: 01/09/2008)

AFFIDAVIT of Richard Lewis Tennent in support of 42 MOTION to Quash Deposition Subpoena by Kolby Harris. (Tennent, Richard) Modified Text on 1/9/08 (jb). (Entered: 01/09/2008)

ORDER granting 33 Motion for Leave to File Reply to Deft's Response to Pltf's Motion for Consolidation. The Clerk is directed to give Pltf's reply a separate docket entry number. Signed by Judge Robert Echols on 1/9/08. (jb) (Entered: 01/09/2008)

REPLY to Deft's Response to 23 Pltf's Motion for Consolidation filed by Kimberly Lopez. (jb) (Entered: 01/09/2008)

SUBPOENA issued to Kolby R. Harris and returned executed on 01/09/2008 as to Kolby R. Harris by Kimberly Lopez (Homlar, Robert) (Entered: 01/10/2008)

SUBPOENA issued to Terrilynn Annette Harris and returned executed on 01/09/2008 as to Terrilynn Annette Harris by Kimberly Lopez (Homlar, Robert) (Entered: 01/10/2008)

RESPONSE to Motion re 35 Second MOTION to Amend Complaint filed by Metropolitan Government of Nashville &Davidson County. (Young, Francis) (Entered: 01/17/2008)

MOTION for Protective Order and Limiting Order Re: Subpoena of School Records by Kolby Harris. (Attachment: (1) Exhibit Notice of Subpoena)(Tennent, Richard) Modified Text on 1/22/08 (jb). (Entered: 01/22/2008)

RESPONSE to 36 MOTION for Order Compelling Disclosure and Discovery and Memorandum of Law in Support Thereof filed by Metropolitan Government of Nashville &Davidson County. (Attachments: (1) Exhibit A−Notice of Deposition and Subpoena# 2 Exhibit B−Supplemental Response to Interrogatory No.1)(Young, Francis) Modified on 1/23/08 (jb). (Entered: 01/22/2008)

MOTION for Leave to File Reply to 51 Defendant's Response to Plaintiffs' Motion to Compel by Kimberly Lopez. (Attachments: (1) Exhibit A − Plaintiffs' Reply to Defendant's Response to Plaintiffs' Motion to Compel (2) Exhibit 1 to Exh. A − Referenced Pages of Depo Transcript of Linda DePriest)(Homlar, Robert) Modified Text on 1/31/08 (jb). (Entered: 01/30/2008)

RESPONSE to 50 MOTION for Protective Order and Limiting Order Re: Subpoena of School Records filed by Kimberly Lopez. (Homlar, Robert) Modified Text on 1/31/08 (jb). (Entered: 01/30/2008)

SECOND MOTION for Protective Order and Limiting Order re: Subpoena of School Records by Kolby Harris. (Tennent, Richard) Modified Text on 2/8/08 (jb). (Entered: 02/08/2008)

RESPONSE to 54 Second Motion for Protective Order and Limiting Order re: Subpoena of School Records filed by Kimberly Lopez. (Homlar, Robert) Modified Text on 2/13/2008 (jb). (Entered: 02/13/2008)

NOTICE of Appearance by Thomas F. Mink, II on behalf of Metropolitan Government of Nashville &Davidson County (Mink, Thomas) (Entered: 02/14/2008)

(DISREGARD THIS ENTRY−ATTY TO REFILE) Joint MOTION to Set Case Management Conference by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County, The Board of Education for the Metropolitan Nashville Public Schools. (Blackburn, William) Modified Text on 2/20/08 (jb). Modified on 2/21/08 (jb). (Entered: 02/20/2008)

Joint MOTION to Set Case Management Conference by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County, The Board of Education for the Metropolitan Nashville Public Schools. (Blackburn, William) Modified Text on 2/21/08 (jb). (Entered: 02/21/2008)

ORDER: The 58 Parties' Joint Motion to Set Case Management Conference is granted. A Case Management Conference is set for 3/6/08 at 9:00 AM in Courtroom 764. Signed by Judge Juliet E. Griffin on 2/29/08. (jb)

NOTICE of Withdrawal of 23 Motion for Consolidation by Kimberly Lopez. (Blackburn, William) Modified Text on 3/5/08 (jb). (Entered: 03/05/2008)

Third MOTION to Amend 15 Complaint by Kimberly Lopez. (Attachment: # 1 Exhibit 1 − Third Amended Complaint by Plaintiffs)(Blackburn, William) Modified Text on 3/5/08 (jb). (Entered: 03/05/2008)

MOTION for Summary Judgment by Plaintiffs by Kimberly Lopez. (Blackburn, William) (Entered: 03/06/2008)

MEMORANDUM in Support of 62 MOTION for Summary Judgment by Plaintiffs filed by Kimberly Lopez Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment . (Attachments: # 1 Exhibit 1 − Depo. Transcript of Sandra Burton# 2 Exhibit 2 − Depo. Transcript of Linda DePriest# 3 Exhibit 3 − Depo. Transcript of Dr. Pedro Garcia# 4 Exhibit 4 − Defendant Response to Discovery# 5 Exhibit 5 − Defendant Metropolitan's Response to Discovery# 6 Exhibit 6 − Depo. Transcript of Gloria Smith# 7 Exhibit 7 − Depo. Transcript of Christopher Gaines# 8 Exhibit 8 − Eric Waller v. David Trippett# 9 Exhibit 9 − Cassia Enright et al. v. J.W. and T.P. et al.)(Blackburn, William) (Entered: 03/06/2008)

STATEMENT of Undisputed Material Facts in Support of 62 Plaintiffs' Motion for Summary Judgment filed by Kimberly Lopez. (Blackburn, William) Modified Text on 3/7/08 (jb). (Entered: 03/06/2008)

AFFIDAVIT of Kimberly D. Lopez in support of 62 MOTION for Summary Judgment by Plaintiffs by Kimberly Lopez. (Blackburn, William) Modified Text on 3/7/08 (jb). (Entered: 03/06/2008)

AFFIDAVIT of Terrilyn Harris in support of 62 MOTION for Summary Judgment by Plaintiffs by Kimberly Lopez. (Blackburn, William) Modified Text on 3/7/08 (jb). (Entered: 03/06/2008)

AFFIDAVIT of Robert T. Homlar in support of 62 MOTION for Summary Judgment by Plaintiffs by Kimberly Lopez. (Attachment: # 1 Exhibit A − IEP Regarding Gilbert Lopez)(Blackburn, William) Modified Text on 3/7/08 (jb). (Entered: 03/06/2008)

MOTION for Leave to Physically File Exhibits by Kimberly Lopez. (Blackburn, William) (Entered: 03/06/2008)

Minute Entry for proceedings held before Judge Juliet E. Griffin : Case Management Conference held on 3/6/2008; ORDER to enter. (Tape #G2008−044, 045.) (jwc) (Entered: 03/06/2008)

*MODIFIED per Order 268 − See Order for details* AGREED PROTECTIVE ORDER RE: 50 54 . Deft and Genesis are directed to within 10 days of the entry of this Order, produce the information and documents responsive to the Pltfs' subpoenas. Signed by Judge Juliet E. Griffin on 3/7/08. (jb) Modified text on 3/5/2009 (tmw). (Entered: 03/07/2008)

ORDER: Case Management Conference held 3/6/08. The 35 pltf's second motion to amend was granted. The 61 pltf's third motion to amend was granted. The Clerk is directed to file and docket the parties' third amended complaint attache d to the motion and to add Genesis Learning Centers as a deft in this case. The 68 pltf's motion for leave to physically file exhibits is granted. The pltf shall be permitted to manually file CD-R's as exhibits to the third amended compla int. Entry of the Agreed Protective Order grants 50 54 Motions for Protective Order. The 42 motion to quash deposition is granted. The 23 motion for consolidation is denied. By 3/20/08, the parties shall file a joint statement as outlined in this order. The 41 deft's motion for extension of time is granted nunc pro. The 52 pltf's motion for leave to file reply is granted. The Clerk is directed to file and docket the plaintiff's reply and attached exhibit. The deft shal l have until 3/26/08, to file a response to the motion for summary judgment. The pltf shall have 2 weeks from the filing of the response or until 4/9/08, if the response is filed on 3/26/08, to file a reply, if necessary. The parties shall proceed on the same discovery schedule as provided in the case of Staehling v. Metropolitan Government, 3-07-0797. Further Case Management Conference is set for 4/4/08 at 2:00 PM in Courtroom 764. Prior to April 4, 2008, counsel for the parties, including counsel for Genesis Learning Centers shall confer in an attempt to agree upon scheduling matters. Signed by Judge Juliet E. Griffin on 3/7/08. (jb) Modified on 3/7/08 (jb).

THIRD AMENDED COMPLAINT against Genesis Learning Centers, Metropolitan Government of Nashville &Davidson County, filed by Kimberly Lopez.(jb) (Entered: 03/07/2008)

REPLY to Deft's Response to 36 Pltfs' Motion to Compel filed by Kimberly Lopez. (Attachment: # 1 Exhibit 1−Excerpts of Deposition of Linda Depriest)(jb)

SUMMONS returned executed by Kimberly Lopez. Genesis Learning Centers served on 3/13/2008. (Homlar, Robert) (Entered: 03/13/2008)

MOTION to Strike and/or Continue 62 MOTION for Summary Judgment by Metropolitan Government of Nashville &Davidson County. (Mink, Thomas) Modified Text on 3/19/08 (jb). (Entered: 03/18/2008)

MEMORANDUM OF LAW in Support of 75 MOTION to Strike and/or Continue 62 MOTION for Summary Judgment filed by Metropolitan Government of Nashville &Davidson County. (Mink, Thomas) Modified Text on 3/19/08 (jb). (Entered: 03/18/2008)

NOTICE of Appearance by James K. Simms, IV &Jay N. Chamness on behalf of Genesis Learning Centers. (Simms, James) Modified Text on 3/19/08 (jb). (Entered: 03/19/2008)

Joint STATEMENT Regarding 36 Plaintiffs' Motion to Compel by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County. (Homlar, Robert) Modified Text on 3/21/08 (jb). (Entered: 03/21/2008)

RESPONSE to 75 Motion to Strike and/or Continue 62 MOTION for Summary Judgment filed by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Michael Oatman v. John Potter, et al.# 2 Exhibit 2 − Michael McHugh v. Olympia Entertainment, Inc., et al.)(Homlar, Robert) Modified Text on 3/25/08 (jb). (Entered: 03/25/2008)

MOTION to Set Case for Trial by Kimberly Lopez. (Homlar, Robert) Modified Text on 3/25/08 (jb). (Entered: 03/25/2008)

Joint STATEMENT Regarding 36 Plaintiffs' Motion to Compel by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County. (Homlar, Robert) Modified Text on 3/26/08 (jb). (Entered: 03/25/2008)

(DISREGARD THIS ENTRY−ATTY TO REFILE) Joint MOTION Extending the Time for Defendant Metropolitian Government of Nashville and Davidson County's Response to 62 MOTION for Summary Judgment by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County. (Attachment: # 1 Stipulation)(Mink, Thomas) Modified Text on 3/26/08 (jb). (Entered: 03/26/2008)

Joint MOTION Extending the Time for Defendant Metropolitian Government of Nashville and Davidson County's Response to 62 MOTION for Summary Judgment by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County. (Attachment: # 1 Stipulation)(Mink, Thomas) Modified Text on 3/26/08 (jb). (Entered: 03/26/2008)

NOTICE of Physically Filing Exhibit re 70 Order by Kimberly Lopez. (Homlar, Robert) Modified Text on 3/26/08 (jb). (Entered: 03/26/2008)

Received Exhibit filed manually, see DE # 84 Notice. (jb) (Entered: 03/27/2008)

MOTION to Dismiss Third Amended Complaint by Metropolitan Government of Nashville &Davidson County. (Mink, Thomas) (Entered: 03/31/2008)

MEMORANDUM in Support of 85 MOTION to Dismiss Third Amended Complaint filed by Metropolitan Government of Nashville &Davidson County. (Mink, Thomas) (Entered: 03/31/2008)

ORDER: Defendant Metropolitan Government's 16 Motion to Dismiss Amended Complaint is denied. Plaintiffs' 31 Renewed Motion for Class Determination is denied. Plaintiffs' 62 Motion for Summary Judgment is denied. Defendant Metropo litan Governments' 75 Motion to Strike and/or Continue Plaintiffs' Motion for Summary Judgment is denied. The 83 "Joint Motion Extending the Time for Defendant, Metropolitian [sic] Government of Nashville and Davidson County's Response to Plaintiff's Motion for Summary Judgment" is denied as moot. Each party shall be permitted to file one additional dispositive motion which shall include request to dismiss and/or a request for summary judgment as appropriate. The deadline for filing of dispositive motions shall be set by Magistrate Judge Griffin at the previously scheduled 4/4/08 further case management conference. Signed by Senior Judge Robert Echols on 4/1/08. (jb)

RESPONSE to Motion re 80 MOTION to Set Case for Trial filed by Genesis Learning Centers. (Simms, James) (Entered: 04/02/2008)

SUBPOENA issued to Sergeant Neal M. Cook, Evidence Custodian @ Metro Nashville Police Dept. and returned executed on 04/02/08 as to Sergeant Neal M. Cook, Evidence Custodian @ Metro Nashville Police Dept. by Kimberly Lopez (Homlar, Robert) (Entered: 04/02/2008)

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Oral Argument/Discovery Hearing held on 4/4/2008; ORDER to enter. (Tape #G2008−058, 059.) (jwc) (Entered: 04/08/2008)

NOTICE OF PHYSICALLY FILING EXHIBITS re 70 Order by Kimberly Lopez. (Blackburn, William) Modified Text on 4/9/08 (jb). (Entered: 04/09/2008)

Received Exhibits re: 90 Notice of Physically Filing Exhibits. (jb) (Entered: 04/09/2008)

ANSWER to 71 Amended Complaint Plaintiffs' Third Amended Complaint by Genesis Learning Centers.(Simms, James) (Entered: 04/15/2008)

NOTICE of Appearance by attorneys R. Dale Bay and Jason M. Bergeron on behalf of Metropolitan Government of Nashville &Davidson County (Bay, R. Dale) Modified text on 4/25/2008 (km). (Entered: 04/25/2008)

Fourth MOTION to Amend/Correct by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Fourth Amended Complaint)(Homlar, Robert) (Entered: 04/30/2008)

NOTICE of Appearance by John Ray Clemmons on behalf of Kimberly Lopez. (Blackburn, William) Modified on 5/9/2008 (gi). (Entered: 05/01/2008)

ORDER: 85 Motion to Dismiss Third Amended Complaint is denied, without prejudice to renewal once the pending fourth motion to amend 93 has been addressed and a final complaint is filed. The case is returned to the Magistrate Judge to address pltfs' fourth motion to amend 93 and motion to set case for trial 80 . The Magistrate Judge is directed to coordinate the trial date with Judge Echols' courtroom deputy. Signed by Senior Judge Robert Echols on 6/12/08. (km) (Entered: 06/12/2008)