Case: Lott v. Louisville Jefferson County Metro Government

3:19-cv-00271 | U.S. District Court for the Western District of Kentucky

Filed Date: March 15, 2019

Closed Date: Aug. 22, 2023

Clearinghouse coding complete

Case Summary

This lawsuit challenged Louisville’s alleged practice of overcharging impound fees for towed vehicles. On March 15, 2019 a resident of Jefferson County, Kentucky brought this class action lawsuit in Jefferson Circuit Court (Fifth Division); on April 10, 2019, it was removed to the U.S. District Court for the Western District of Kentucky. The plaintiff sued the Louisville/Jefferson County Metro Government, the Chief of Police of the Louisville Metro Police Department, and the Secretary of Public…

This lawsuit challenged Louisville’s alleged practice of overcharging impound fees for towed vehicles. On March 15, 2019 a resident of Jefferson County, Kentucky brought this class action lawsuit in Jefferson Circuit Court (Fifth Division); on April 10, 2019, it was removed to the U.S. District Court for the Western District of Kentucky. The plaintiff sued the Louisville/Jefferson County Metro Government, the Chief of Police of the Louisville Metro Police Department, and the Secretary of Public Works and Assets under 42 U.S.C. 1983 and Kentucky state law. Represented by private counsel, the plaintiff sought declaratory and injunctive relief, claiming that the defendants had charged fees above the level allowed by state law for towed vehicles. 

The plaintiff’s first claim alleged Fifth and Fourteenth Amendment due process violations as a result of the arbitrarily established fees for storage and impoundment of vehicles. The plaintiff argued that these fees were in excess of what state law allowed. The plaintiff also argued that they had an Eighth Amendment right to be free from excessive fines and fees and that the fees assessed were disproportionate to the offense of parking illegally. Finally, the plaintiff brought state law claims for unjust enrichment, negligence per se, and negligent misrepresentation. 

The case was assigned to Judge Rebecca Grady Jennings and Magistrate Judge Colin H. Lindsay. 

On March 5, 2020, the defendants filed a motion for summary judgment. 

On April 30, 2020, the plaintiffs filed a motion to certify the class. The proposed class included “all persons with vehicles registered to them that were towed and assessed or will be assessed amounts in excess of the maximum storage fee charge of $10 for each of the first seven days a vehicle is in storage, plus a $5.00 fee per day for each additional day thereafter that a vehicle remains in storage as authorized by Louisville Metro Ordinance 72.062, including persons who had their vehicles auctioned, since February 2, 2008.”

On March 17, 2021, the court dismissed the defendants’ motion for summary judgment and granted the plaintiff’s motion for class certification, but dismissed the plaintiff’s claim of negligence per se with prejudice. 2021 WL 1031008. The defendants argued that the plaintiff’s claim was barred by the statute of limitations since their proposed class included plaintiffs that alleged harm as far back as 2008. The court determined that this argument failed because 42 USC § 1983 had no prescribed statute of limitations and that there was no way plaintiffs could have known of the harm they suffered since the defendants weren’t even aware until the named plaintiff had brought his case. The defendants had been relying on an incorrect document for the fees they were charging. The court determined there was a genuine issue of material fact about whether the statute of limitations had run for certain class members. The court also rejected the defendants’ argument that the named plaintiff had failed to exhaust administrative remedies, holding that this was not required to bring suit. The court also rejected the defendants argument based on the voluntary payment doctrine. The voluntary payment doctrine stands for the idea that recovery cannot be had for payments that the payor made voluntarily with knowledge of the facts unless there was fraud. The court pointed to the fact that the named plaintiff had only paid the fee because if he didn’t his car would have been auctioned, which created an urgency that should mark his actions as involuntary. Finally, the court rejected the defendants’ “unclean hands” argument based on plaintiff’s failure to get his car back for lack of required insurance and registration, holding that the doctrine should not apply if it would lead to an inequitable result, and citing material factual disputes as to the defendants’ related conduct. The court dismissed the plaintiff’s negligence per se claim after the plaintiff had conceded that he could not maintain the claim. 

The court certified the following class: “[A]ll persons with vehicles registered to them whose vehicles were assessed a storage fee in excess of $10 for each of the first seven days a vehicle was in storage, plus a $5.00 fee per day for each additional day thereafter that a vehicle remained in storage since on or about February 2, 2008.” 

On January 5, 2022, the defendants filed a second motion for summary judgment. On January 30, 2023, the plaintiff filed a motion for settlement approval. On March 17, 2023, the court preliminarily approved the settlement agreement. 2023 WL 2562407. On August 4, 2023, after a fairness hearing, the court approved the final settlement agreement and the action was dismissed with prejudice. Under the agreement, the defendants agreed to pay a total of $1,500,000. This amount would be used to pay attorneys fees, as an incentive award for the class representative, and for settlement administration. Any remaining money would be paid pro rata to verifiable claimants, per vehicle involved. On August 22, 2023, the court entered an order of satisfaction that the settlement amount had been paid in full. This case is closed. 

 

Summary Authors

Rhea Sharma (1/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14911342/parties/lott-v-louisville-jefferson-county-metro-government/


Judge(s)

Jennings, Rebecca Grady (Kentucky)

Attorney for Plaintiff

Alexander, Michael T. (Kentucky)

Deckard, James L. (Kentucky)

Attorney for Defendant

Carroll, John F. (Kentucky)

Kirkpatrick, Akesha Lee (Kentucky)

Documents in the Clearinghouse

Documents in this case
30

3:19-cv-00271

Memorandum Opinion And Order

Lott v. Louisville Metro Government

March 17, 2021

March 17, 2021

Order/Opinion

2021 WL 1031008

90

3:19-cv-00271

Memorandum Opinion And Order

Lott v. Louisville Metro Government

March 17, 2023

March 17, 2023

Order/Opinion

2023 WL 2562407

98

3:19-cv-00271

Memorandum Opinion And Order

Lott v. Louisville Metro Government

Aug. 4, 2023

Aug. 4, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14911342/lott-v-louisville-jefferson-county-metro-government/

Last updated April 14, 2026, 5:24 a.m.

ECF Number Date Description Link
1 April 10, 2019

NOTICE OF REMOVAL by Louisville Jefferson County Metro Government, Steve Conrad, Vanessa Burns from Jefferson Circuit court, case number 0644-2843135. ( Filing fee $ 400, 0644-2843135), filed by Louisville Jefferson County Metro Government, Steve Conrad, Vanessa Burns. (Attachments: # 1 Cover Sheet, # 2 Exhibit 1 - Notice of Removal, # 3 Exhibit 2 - Copy of Summons and Complaint, # 4 Exhibit 3 - Lott Answer). (RLJ) (Entered: 04/10/2019)

1 Cover Sheet

View on PACER

2 Exhibit 1 - Notice of Removal

View on PACER

3 Exhibit 2 - Copy of Summons and Complaint

View on PACER

4 Exhibit 3 - Lott Answer

View on PACER

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2 April 10, 2019

Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (RLJ) (Entered: 04/10/2019)

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3 April 10, 2019

NOTICE TO CIRCUIT COURT CLERK re 1 Notice of Removal from Jefferson Circuit Court, Civil Action Number 19-CI-1780. cc: Counsel, Jefferson Circuit Court. (RLJ) (Entered: 04/10/2019)

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4 April 10, 2019

ANSWER to Complaint by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government. (Rivera, Susan) (Entered: 04/10/2019)

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April 10, 2019

Answer to Complaint

April 10, 2019

ANSWER to Complaint with Jury Demand filed by Vanessa Burns, Steve Conrad, and Louisville Jefferson County Metro Government in Jefferson Circuit Court 4/10/2019. (RLJ)

5 May 14, 2019

ORDER FOR MEETING AND REPORT by Judge Rebecca Grady Jennings on 5/13/2019. Telephonic Rule 16 Scheduling Conference set for 6/24/2019 at 2:00 PM before Judge Rebecca Grady Jennings. The Court will initiate the call to counsel. Participating counsel shall contact Judge Jennings' Case Manager, Andrea Morgan, by email at andrea_morgan@kywd.uscourts.gov with preferred contact numbers by 12:00 p.m. on6/19/2019. cc: Counsel (MEJ) (Entered: 05/14/2019)

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6 June 20, 2019

Joint REPORT of Rule 26(f) Planning Meeting by Louisville Jefferson County Metro Government. (Rivera, Susan) (Entered: 06/20/2019)

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7 June 26, 2019

SCHEDULING ORDER for proceedings held before Judge Rebecca Grady Jennings: Telephonic Scheduling Conference held on 6/24/2019. Rule 26(a)(1) Disclosure due by 7/8/2019. Any motion to amend pleadings or motion to join additional parties shall be filed no later than 8/24/2019, from the Plaintiff and 10/5/2019, from the Defendants. Fact Discovery due by 1/20/2020. No later than 4/30/2020, counsel shall file all dispositive motions relating to class certification. This matter is REFERRED to the Honorable Colin H. Lindsay, United States Magistrate Judge, for purposes of conducting any settlement conferences. cc: Counsel, Case Manager to United States Magistrate Judge Colin H. Lindsay, Jury Administrator (KD) (Entered: 06/26/2019)

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8 Aug. 23, 2019

NOTICE of Appearance by John F. Carroll, Jr on behalf of Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government (Carroll, John) (Entered: 08/23/2019)

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9 Aug. 27, 2019

MOTION for Leave to File First Amended Answer to Complaint by Defendants Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government (Attachments: # 1 Proposed Order) (Carroll, John) (Additional attachment(s) added on 8/28/2019: # 2 First Amended Answer to Complaint) (RLJ). (Entered: 08/27/2019)

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10 Aug. 27, 2019

ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO DN 9 . (Entered: 08/27/2019)

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11 Sept. 19, 2019

NOTICE to Take Deposition of Tyrome A. Lott by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government. (Attachments: # 1 Exhibit #1 - Subpoena Duces Tecum, # 2 Exhibit Schedule A to Subpoena Duces Tecum) (Carroll, John) (Entered: 09/19/2019)

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12 Oct. 1, 2019

ORDER Signed by Judge Rebecca Grady Jennings on 9/30/2019 granting 9 Motion for Leave to File Amended Answer. The tendered answer shall be filed of record as of the date of entry of this Order. cc: Counsel(JM) (Entered: 10/01/2019)

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13 Oct. 1, 2019

AMENDED ANSWER to Complaint (contained within state court record 1 Notice of Removal) by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government. (JM) (Entered: 10/01/2019)

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14 Oct. 15, 2019

Mail Returned as Undeliverable re DN 12 . Mail sent to Michael T. Alexander. (RLJ) (Entered: 10/15/2019)

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15 Dec. 30, 2019

NOTICE to Take Deposition of Steve Conrad by Tyrome Lott. (Deckard, James) (Entered: 12/30/2019)

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16 Jan. 7, 2020

NOTICE to Take Deposition of Steve Conrad by Tyrome Lott. (Deckard, James) (Entered: 01/07/2020)

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17 Jan. 8, 2020

NOTICE of Change of Address by Michael T. Alexander (CDF) (Entered: 01/09/2020)

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Jan. 9, 2020

Remark (Public)

Jan. 9, 2020

ECF Registration Information mailed to Michael T. Alexander. (MLG)

18 Feb. 10, 2020

MOTION for Leave to File Second Amended Answer to Complaint by Defendants Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government (Attachments: # 1 Exhibit #1 - Second Amended Answer, # 2 Proposed Order) (Carroll, John) (Entered: 02/10/2020)

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19 March 4, 2020

ORDER GRANTING MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER TO COMPLAINT Signed by Judge Rebecca Grady Jennings on 3/4/2020 granting 18 Motion for Leave to File Second Amended Answer to Complaint. cc: Counsel (CDF) (Entered: 03/04/2020)

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20 March 4, 2020

SECOND AMENDED ANSWER TO COMPLAINT re 1 Notice of Removal, by Louisville Jefferson County Metro Government, Vanessa Burns, Steve Conrad. (CDF) (Entered: 03/04/2020)

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21 March 5, 2020

MOTION for Summary Judgment by Defendants Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government (Attachments: # 1 Memorandum in Support, # 2 Exhibit #1 - Depo of Tyrone Lott, # 3 Exhibit Sub Exhibit #1 - Depo Notice of Tyrone Lott, # 4 Exhibit #2 - Depo of Michael Alexander, # 5 Exhibit Sub Exhibit #2 - Subpoena Duces Tecum, # 6 Exhibit #3 - Letter to Tyrone Lott, # 7 Exhibit Sub Exhibit #3 - Certified Receipts, # 8 Exhibit #4 - Plaintiffs Supplemental Responses, # 9 Exhibit Sub Exhibit #4 - Lotts District Court Docket Sheet, # 10 Exhibit #5 - Louisville Metro Ordinance, # 11 Exhibit Sub Exhibit #5 - Lotts District Court Docket Sheet, # 12 Exhibit #6 - Deposotion of Chief Conrad, # 13 Exhibit Sub Exhibit #6 - Lotts Impoundment Records, # 14 Exhibit #7 - Geary v. Dominicks Finer Foods, # 15 Exhibit Sub Exhibit #7 - Additional Impoundment Records, # 16 Exhibit #8 - Getto v. Chicago, # 17 Exhibit #9 - Lexington-Fayette Ordinance, # 18 Proposed Order) (Carroll, John) (Entered: 03/05/2020)

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22 March 26, 2020

RESPONSE to Motion re 21 MOTION for Summary Judgment filed by Tyrome Lott. (Attachments: # 1 Exhibit Ordinance 72.062, # 2 Exhibit Plaintiff's Deposition, # 3 Exhibit Chief Conrad's Deposition, # 4 Exhibit Open Record Request, # 5 Exhibit Def's Feb 17 2020 Discovery Responses) (Deckard, James) (Entered: 03/26/2020)

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23 March 27, 2020

MOTION to Strike Class Action Allegations and Class Definition and Claims by Defendants Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Depo of Tyrome Lott, # 3 Exhibit Sub 1 - Depo Notice of Tyome Lott, # 4 Exhibit 2 - Depo of Michael Alexander, # 5 Exhibit Sub 2 - Subpoena Duces Tecum, # 6 Exhibit 3 - Letter to Tyrome Lott, # 7 Exhibit Sub 3 - Certified Mail Receipts, # 8 Exhibit 4 - Plaintiffs Supplemental Responses, # 9 Exhibit Sub 4 - Lotts Docket Sheet, # 10 Exhibit 5 - Louisville Metro Ordinance, # 11 Exhibit Sub 5 - Lotts Docket Sheet, # 12 Exhibit 6 - Depo of Chief Conrad, # 13 Exhibit Sub 6 - Lotts Impoundment Records, # 14 Proposed Order) (Carroll, John) (Entered: 03/27/2020)

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24 April 9, 2020

REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government. (Attachments: # 1 Exhibit #1 - Affdavit and Emails, # 2 Exhibit #2 - Emails, # 3 Exhibit #3 - Depo - Alexander, # 4 Exhibit #4 - Depo - Conrad) (Carroll, John) (Entered: 04/09/2020)

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25 April 17, 2020

RESPONSE to Motion re 23 MOTION to Strike Class Action Allegations and Class Definition and Claims filed by Tyrome Lott. (Attachments: # 1 Exhibit A - Tow Lot Cash Management Audit) (Deckard, James) (Entered: 04/17/2020)

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26 April 30, 2020

MOTION to Certify Class by Plaintiff Tyrome Lott (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Deckard, James) (Entered: 04/30/2020)

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27 May 1, 2020

REPLY to Response to Motion re 23 MOTION to Strike Class Action Allegations and Class Definition and Claims filed by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government. (Attachments: # 1 Exhibit #1 - Affidavit of Michael Armin White) (Carroll, John) (Entered: 05/01/2020)

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28 May 13, 2020

RESPONSE to Motion re 26 MOTION to Certify Class filed by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government. (Attachments: # 1 Exhibit #1 - Depo of Tyrome Lote, # 2 Exhibit #2 - Emails, # 3 Exhibit #3 - Depo of Michael Alexander, # 4 Exhibit #4 - Plaintiffs Supplemental Responses, # 5 Exhibit #5 - 77.062, # 6 Exhibit #6 - Depo of Chief Steve Conrad, # 7 Exhibit #7 - Affidavits and Emails, # 8 Exhibit #8 - Affdavit of Michael White, # 9 Proposed Order) (Carroll, John) (Entered: 05/13/2020)

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29 May 27, 2020

REPLY to Response to Motion re 26 MOTION to Certify Class filed by Tyrome Lott. (Attachments: # 1 Exhibit 1 - Defendant's February 17, 2020 Supplemental Responses to Plaintiff's Interrogatories and Requests for Production of Documents) (Deckard, James) (Entered: 05/27/2020)

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30 March 17, 2021

MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 3/17/2021. Defendants' Motion for Summary Judgment (DE 21 ) is DENIED. Defendants' Motion to Strike (DE 23 ) is DENIED. Plaintiff's Motion to Certify Class (D E 26 ) is GRANTED. Counts I, II, and IV of the Complaint shall be maintained as a class action under Fed. R. Civ. P. 23(b)(3) by the Plaintiff as Class Representative on behalf of the class. Count III is dismissed with prejudice. cc: Counsel (SMJ)

Clearinghouse
31 March 18, 2021

TEXT ORDER by Judge Rebecca Grady Jennings on 3/18/2021; Upon the Courts own motion, paragraph five (5) and eight (8) of the Scheduling Order [DE 7] is amended to permit the United States Magistrate Judge to modify deadlines and grant extensions: [N]o extensions of time may be granted by agreement of the parties. Applications for extensions of time will be granted by the trial judge or magistrate judge only upon good cause shown. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel.CM-CHL and Chambers. (ARM) (Entered: 03/18/2021)

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March 18, 2021

Order - TEXT ONLY

32 March 26, 2021

TEXT ORDER by Magistrate Judge Colin H. Lindsay on 3/26/2021. A telephonic status conference is scheduled for 4/13/2021 10:30 AM 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: 03/26/2021)

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March 26, 2021

Order - TEXT ONLY

33 April 14, 2021

ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Status Conference held on 4/13/2021. Telephonic Status Conference set for 4/27/2021 at 10:00 AM before Magistrate Judge Colin H. Lindsay. The Parties shall connect to the conference by dialing toll free number 1-888-808-6929 and entering access code 2773744#. cc: Counsel (SMJ) (Entered: 04/14/2021)

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34 April 22, 2021

TEXT ORDER by Magistrate Judge Colin H. Lindsay on 4/22/2021. The Court's Order 33 entered 4/14/2021 is AMENDED to correct the time for the telephonic conference scheduled for 4/27/2021. The correct time for the conference is 11:00 a.m. Counsel shall call 1-888-808-6929, access code 2773744 at 11:00 a.m. on 4/27/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (TLB) (Entered: 04/22/2021)

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April 22, 2021

Order - TEXT ONLY

35 April 28, 2021

NOTICE OF SERVICE OF DEFENDANTS FILING OF DEFENDANT'S OBJECTIONS AND RESPONSES TO PLAINTIFFS SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS by Louisville Jefferson County Metro Government (Carroll, John) (Entered: 04/28/2021)

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36 April 29, 2021

ORDER (EBOC) for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Status Conference held on 4/27/2021. The Parties shall continue to diligently exchange discovery and are instructed to focus their discovery efforts on information that is necessary to prepare for the settlement conference. On or before 5/5/2021, the Parties shall confer with their respective decisionmakers and contact the undersigned's Case Manager to confirm that they are available for a settlement conference on 7/6/2021. A settlement conference will then be set by separate order. On or before 5/5/2021, the Parties shall jointly file a motion to substitute the current Chief of the Louisville Metro Police Department in her professional capacity as Defendant. cc: Counsel (SMJ) (Entered: 04/29/2021)

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37 May 5, 2021

MOTION to Substitute Party Chief of Police Erika Shields by Plaintiff Tyrome Lott (Attachments: # 1 Proposed Order) (Deckard, James) (Entered: 05/05/2021)

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38 May 11, 2021

NOTICE of Appearance by Jan M. West on behalf of Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government (West, Jan) (Entered: 05/11/2021)

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39 May 11, 2021

ORDER FOR SETTLEMENT CONFERENCE signed by Magistrate Judge Colin H. Lindsay on 5/10/2021. Settlement Conference set for 7/6/2021 at 10:00 AM via Zoom Video Conference before Magistrate Judge Colin H. Lindsay. Counsel shall review the entirety of this order. cc: Counsel (SMJ) (Entered: 05/11/2021)

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40 May 24, 2021

MOTION for John T. McLandrich to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3348326. by Defendants Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government (Attachments: # 1 Affidavit of John T. McLandrich, # 2 Certificate of Good Standing, # 3 Proposed Order) (West, Jan) (Entered: 05/24/2021)

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41 May 25, 2021

ORDER Signed by Judge Rebecca Grady Jennings on 5/25/2021 granting 40 Motion for Attorney John T. McLandrich to Appear Pro Hac Vice. cc: Counsel (SMJ) (Entered: 05/25/2021)

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42 June 7, 2021

ORDER Signed by Judge Rebecca Grady Jennings on 6/4/2021 granting 37 Motion to Substitute Party. Erika Shields, in her official capacity as Chief of Louisville Metro Police Department is hereby substituted for Defendant Steven Conrad, in his official capacity as Chief of Louisville Metro Police Department. cc: Counsel (SMJ) (Entered: 06/07/2021)

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43 July 9, 2021

SETTLEMENT CONFERENCE REPORT & ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Settlement Conference held on 7/6/2021. The parties were unable to come to an agreement. The undersigned will conduct an additional settlement conference. On or before July 12, 2021, the Parties shall confer with their respective decisionmakers and contact the undersigned's Case Manager (as set forth) with the dates on which they are available for an in-person settlement conference. cc: Counsel (CDF) (Entered: 07/09/2021)

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44 July 16, 2021

ORDER FOR SETTLEMENT CONFERENCE signed by Magistrate Judge Colin H. Lindsay on 7/15/2021. Settlement Conference set for 9/30/2021 at 10:00 AM in chambers before Magistrate Judge Colin H. Lindsay. Counsel shall review the entirety of this order. cc: Counsel (SMJ) (Entered: 07/16/2021)

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45 July 20, 2021

ORDER signed by Magistrate Judge Colin H. Lindsay on 7/20/2021 re 44 Order for Settlement Conference. Due to a scrivener's error, Part II. of the Court's 7/16/2021 order (DN 44 ) provides for participation in the 9/30/2021 settlement conference via Zoom. DN 44 is AMENDED as follows: Unless the Court grants an exception to this Order (see DN 44, Paragraph (IV)(1)), the following individuals shall be present in person at the settlement conference (*see order for list). cc: Counsel (SMJ) (Entered: 07/20/2021)

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46 July 27, 2021

MOTION for Leave to File Excess Pages re Second Motion for Summary Judgment by Defendants Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government, Erika Shields (Attachments: # 1 Exhibit A - Second Motion for Summary Judgment, # 2 Memorandum in Support, # 3 Index Index of Exhibits attached to Memorandum, # 4 Exhibit #1 - Depo of Lott, # 5 Exhibit #2 - Emails and Documents, # 6 Exhibit #3 - Depo of M. Alexander, # 7 Exhibit #4 - Records received in Lott Discovery, # 8 Exhibit #5 - LMO 72.062, # 9 Exhibit #6 - Depo of S. Conrad, # 10 Exhibit #7 - Affidavit of Vanessa Burns, # 11 Exhibit #8 - Affidavit of Catina Rivera, # 12 Proposed Order Granting Leave to File, # 13 Proposed Order Granting Second Motion for Summary Judgment) (Carroll, John). Added MOTION for Summary Judgment on 7/29/2021 (SMJ). (Entered: 07/27/2021)

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47 Aug. 3, 2021

MOTION for Leave to Allow Telephonic or Zoom Participation at Mediation by Defendants Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government, Erika Shields (Attachments: # 1 Errata #1 - Affidavit of Regina Voigtsberger, # 2 Exhibit #2 - Affidavit of Brenda Speer, # 3 Exhibit #3 - Affidavit of Brian Meyer, # 4 Exhibit #4 - Vovid 19 Data, # 5 Exhibit #5 - CJ Articles, # 6 Exhibit #6 - Article on Chief Shields, # 7 Proposed Order) (Carroll, John) (Entered: 08/03/2021)

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48 Aug. 12, 2021

ORDER Signed by Magistrate Judge Colin H. Lindsay on 8/11/2021 granting 47 Motion for Leave to Allow Telephonic or Zoom Participation at Mediation. Regina Voigtsberger, Brenda Speer, Brian Meyer, Mr. McLandrich, and Erika Shields are EXCUSED from in-person participation at the 9/30/2021 settlement conference. Instead they shall participate remotely via Zoom. Erika Shields is not required to participate in the settlement conference. On or before 8/17/2021, Defendants shall file a status report informing the Court as to whether all their decisionmakers are available on the scheduled date of the settlement conference. cc: Counsel (SMJ) (Entered: 08/12/2021)

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49 Aug. 12, 2021

RESPONSE to Motion re 46 MOTION for Leave to File Excess Pages MOTION for Summary Judgment filed by Tyrome Lott. (Deckard, James) (Entered: 08/12/2021)

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50 Aug. 17, 2021

REPLY to Response to Motion re 46 MOTION for Leave to File Excess Pages MOTION for Summary Judgment filed by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government, Erika Shields. (Attachments: # 1 Exhibit #1 - Duncan v. Lifeline) (Carroll, John) (Entered: 08/17/2021)

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51 Aug. 23, 2021

STATUS REPORT by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government, Erika Shields. (Carroll, John) (Entered: 08/23/2021)

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52 Sept. 28, 2021

ORDER signed by Magistrate Judge Colin H. Lindsay on 9/27/2021. Allen Button is not permitted to attend the 9/30/2021 settlement conference as a carrier representative of LAGIT. Kevin O'Donnell is not permitted to attend the settlement conference remotely. On or before 9/28/2021 at 5:00 PM EST, Defendants shall inform the Court at Chambers_Lindsay@kywd.uscourts.gov whether all necessary participants to the settlement conference will attend as ordered by the Court or whether the conference instead will be rescheduled. cc: Counsel (SMJ) (Entered: 09/28/2021)

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53 Oct. 1, 2021

SETTLEMENT CONFERENCE REPORT for proceedings held before Magistrate Judge Colin H. Lindsay: Settlement Conference held on 9/30/2021. The parties were unable to come to an agreement. The undersigned will conduct ex parte calls regarding settlement orschedule an additional settlement conference upon request. cc: Counsel (SMJ) (Entered: 10/01/2021)

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54 Jan. 5, 2022

ORDER Signed by Judge Rebecca Grady Jennings on 1/4/2022 granting 46 Motion for Leave to File Excess Pages. Defendants are hereby granted leave to file their previously tendered Second Motion for Summary Judgment, Memorandum in Support and exhibits. The Court Clerk shall consider the previously tendered Second Motion and Memorandum filed as of the date of entry of this Order. cc: Counsel (SMJ) (Entered: 01/05/2022)

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55 Jan. 5, 2022

SECOND MOTION for Summary Judgment by Defendants Vanessa Burns, Louisville Jefferson County Metro Government, Erika Shields. (Attachments: # 1 Memorandum in Support, # 2 Index of Exhibits, # 3 Exhibit #1 - Depo of Lott, # 4 Exhibit #2 - Emails and Documents, # 5 Exhibit #3 - Depo of M. Alexander, # 6 Exhibit #4 - Records received in Lott Discovery, # 7 Exhibit #5 - LMO 72.062, # 8 Exhibit #6 - Depo of S. Conrad, # 9 Exhibit #7 - Affidavit of Vanessa Burns, # 10 Exhibit #8 - Affidavit of Catina Rivera, # 11 Proposed Order) (SMJ) (Entered: 01/05/2022)

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56 Jan. 6, 2022

ORDER signed by Magistrate Judge Colin H. Lindsay on 1/5/2022. Joint Status Report due by 1/14/2022. cc: Counsel (SMJ) (Entered: 01/06/2022)

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57 Jan. 13, 2022

Joint STATUS REPORT by Vanessa Burns, Steve Conrad, Louisville Jefferson County Metro Government, Erika Shields. (Carroll, John) (Entered: 01/13/2022)

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58 Jan. 19, 2022

ORDER signed by Magistrate Judge Colin H. Lindsay on 1/18/2022 re 57 Status Report. On or before 1/21/2022, the Parties shall jointly file a proposed amended scheduling order. The Parties' inability to agree about any proposed deadlines or any other terms of the amended scheduling order does not obviate the requirement to file jointly. To the extent that the Parties disagree, they shall note their disagreement in the proposed order. cc: Counsel (SMJ) (Entered: 01/19/2022)

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59 Jan. 21, 2022

AMENDED DOCUMENT by Louisville Jefferson County Metro Government. Amendment to 58 Order, Joint Proposed Amended Scheduling Order by Louisville Jefferson County Metro Government. (West, Jan) (Entered: 01/21/2022)

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60 Jan. 26, 2022

RESPONSE to Motion re 55 MOTION for Summary Judgment filed by Tyrome Lott. (Attachments: # 1 Exhibit WAVE TV Report from July 8, 2010) (Deckard, James) (Entered: 01/26/2022)

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61 Jan. 31, 2022

AMENDED SCHEDULING ORDER signed by Magistrate Judge Colin H. Lindsay on 1/27/2022 re 59 Proposed Amended Scheduling Order. DN 59 is GRANTED in part and DENIED in part. Plaintiff's request for a six-month extension of time for fact discovery is GRANTED. Defendants' request for a one-year extension of time for fact discovery is DENIED without prejudice. The Parties' request to bifurcate and stay expert discovery as to damages is DENIED without prejudice. All Fact Discovery due by 7/29/2022. Expert Witness (Plaintiff) due by 9/2/2022. Expert Witness (Defendant) due by 10/14/2022. All Expert Discovery due by 12/2/2022. Dispositive/Daubert Motions due by 2/1/2023. Pretrial Conference set for 7/18/2023 at 1:30 PM in Louisville Courtroom before Judge Rebecca Grady Jennings (*see order for pretrial filing requirements). Jury Trial set for 8/14/2023 at 9:30 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. cc: Counsel, Jury Admin. (SMJ) (Entered: 01/31/2022)

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62 Feb. 1, 2022

MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Defendants Vanessa Burns, Louisville Jefferson County Metro Government, Erika Shields (Attachments: # 1 Proposed Order) (McLandrich, John) (Entered: 02/01/2022)

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63 Feb. 1, 2022

RESPONSE to Motion re 62 MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) filed by Tyrome Lott. (Deckard, James) (Entered: 02/01/2022)

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64 Feb. 3, 2022

REPLY to Response to Motion re 55 MOTION for Summary Judgment filed by Louisville Jefferson County Metro Government. (Attachments: # 1 Exhibit Burns Affidavit, # 2 Exhibit LMPD Letter) (West, Jan) (Entered: 02/03/2022)

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65 Feb. 4, 2022

ORDER Signed by Judge Rebecca Grady Jennings on 2/3/2022 granting 62 Motion to Withdraw as Attorney. John T. McLandrich is permitted to withdraw as counsel for Defendants Louisville Jefferson County Metro Government, Erika Shields and Vanessa Burns. cc: Counsel (DLW) (Entered: 02/04/2022)

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66 Feb. 7, 2022

REPLY to Response to Motion re 55 MOTION for Summary Judgment Amended and Substituted filed by Louisville Jefferson County Metro Government. (Attachments: # 1 Exhibit Burns Affidavit, # 2 Exhibit LMPD Letter) (West, Jan) (Entered: 02/07/2022)

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67 Feb. 8, 2022

MOTION for Summary Judgment by Defendant Erika Shields (Attachments: # 1 Memorandum in Support, # 2 Exhibit #1 - Shields Affidavit, # 3 Exhibit #2 - Memorandum of Storage Fees, # 4 Exhibit #3 - Burns Affidavit, # 5 Proposed Order) (Carroll, John) (Entered: 02/08/2022)

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68 Feb. 9, 2022

NOTICE OF SERVICE STEVE CONRADS SUPPLEMENTAL OBJECTIONS AND RESPONSES by Steve Conrad (Carroll, John) (Entered: 02/09/2022)

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69 Feb. 10, 2022

NOTICE of Service of Defedants Louisville/Jefferson County Metro Government's Supplemental Objections and Responses to Plaintiffs Second Set of INT and RFPD by Louisville Jefferson County Metro Government (Carroll, John) (Entered: 02/10/2022)

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70 March 1, 2022

RESPONSE to Motion re 67 MOTION for Summary Judgment filed by Tyrome Lott. (Deckard, James) (Entered: 03/01/2022)

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71 March 7, 2022

REPLY to Response to Motion re 67 MOTION for Summary Judgment filed by Erika Shields. (Carroll, John) (Entered: 03/07/2022)

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May 2, 2022

Proceedings held before Magistrate Judge Colin H. Lindsay: ex parte calls re settlement held 4/13/2022 and 4/15/2022. (TLB)

72 May 4, 2022

USCA-6 ORDER filed: The petition for permission to appeal is DENIED. USCA-6 Case Number 21-0503. (MNM) (Entered: 05/05/2022)

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73 May 6, 2022

TEXT ORDER by Judge Rebecca Grady Jennings on 5/6/2022; re 61 Order- the USCA having denied the petition for permission to appeal [DE 72], MJ Lindsay shall conduct a status conference with counsel to review the current deadlines in place in re [DE 61] and any further conferences/settlement discussions deemed needed. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel, CM- CHL & Chambers CHL. (ARM) (Entered: 05/06/2022)

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May 6, 2022

Order - TEXT ONLY

May 10, 2022

Settlement Conference

74 May 17, 2022

TEXT ORDER by Magistrate Judge Colin H. Lindsay on 5/17/2022. A telephonic status conference is scheduled for 6/2/2022 11:30 AM 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: 05/17/2022)

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May 17, 2022

Order - TEXT ONLY

75 May 26, 2022

REPORT OF EX PARTE CALLS for proceedings held before Magistrate Judge Colin H. Lindsay: Ex Parte calls held on 5/24/2022. Plaintiff agreed to respond to Defendants' most recent settlement offer via email. To the extent that it is feasible, the undersigned encourages Plaintiff to notice his response in advance of the telephonic status conference scheduled for 6/2/2022 at 11:30 AM. cc: Counsel (SMJ) (Entered: 05/26/2022)

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76 June 3, 2022

ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Status Conference held on 6/2/2022. Telephonic Status Conference set for 7/11/2022 at 9:30 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. cc: Counsel (SMJ) (Entered: 06/03/2022)

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77 July 18, 2022

ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Status Conference held on 7/11/2022. The outstanding deadlines set forth in the Court's 1/31/2022 amended scheduling order (DN 61 ) are HELD IN ABEYANCE pending the outcome of the Parties' private mediation. The Parties shall jointly file a report on the status of settlement negotiations within five days of the mediation date. cc: Counsel (SMJ) (Entered: 07/18/2022)

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78 Sept. 1, 2022

REPORT OF SETTLEMENT AND ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Ex Parte call held on 8/26/2022. The Parties are deemed to have complied with the Court's 7/18/2022 order for a report on the status of settlement negotiations (DN 77 ). No additional joint filing is required. No later than 9/5/2022, the Parties shall file an agreed motion for settlement approval. cc: Counsel (SMJ) (Entered: 09/01/2022)

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79 Sept. 4, 2022

Joint MOTION for Extension of Time to File Agreed Motion for Settlement Approval by Plaintiff Tyrome Lott (Attachments: # 1 Proposed Order) (Deckard, James) (Entered: 09/04/2022)

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80 Sept. 6, 2022

ORDER Signed by Judge Rebecca Grady Jennings on 9/6/2022 granting 79 Motion for Extension of Time. No later than October 5, 2022, the Parties shall file an agreed motion for settlement approval. cc: Counsel (JM) (Entered: 09/06/2022)

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81 Oct. 4, 2022

Joint MOTION for Extension of Time to File Agreed Motion for Settlement Approval by Plaintiff Tyrome Lott (Attachments: # 1 Proposed Order) (Deckard, James) (Entered: 10/04/2022)

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82 Oct. 6, 2022

ORDER Signed by Judge Rebecca Grady Jennings on 10/5/2022 granting 81 Motion for Extension of Time to File. No later than 11/21/2022, the Parties shall file an agreed motion for settlement approval. cc: Counsel (SMJ) (Entered: 10/06/2022)

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83 Nov. 21, 2022

Agreed MOTION for Extension of Time to File Motion for Settlement Approval by Plaintiff Tyrome Lott (Attachments: # 1 Proposed Order) (Deckard, James) (Entered: 11/21/2022)

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84 Nov. 22, 2022

ORDER Signed by Judge Rebecca Grady Jennings on 11/22/2022 granting 83 Motion for Extension of Time to File. No later than 1/16/2023, the Parties shall file an agreed motion for settlement approval. cc: Counsel (SMJ) (Entered: 11/22/2022)

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85 Jan. 13, 2023

Joint MOTION for Extension of Time to File Agreed Motion for Settlement Approval by Plaintiff Tyrome Lott (Attachments: # 1 Proposed Order) (Deckard, James) (Entered: 01/13/2023)

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86 Jan. 17, 2023

ORDER Signed by Judge Rebecca Grady Jennings on 1/17/2023 granting 85 Motion for Extension of Time to File. No later than 1/30/2023, the Parties shall file an agreed motion for settlement approval. cc: Counsel (SMJ) (Entered: 01/17/2023)

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87 Jan. 19, 2023

NOTICE of Appearance by Matthew Malone on behalf of Tyrome Lott (Malone, Matthew) (Entered: 01/19/2023)

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88 Jan. 30, 2023

Agreed MOTION for Settlement Approval by Plaintiff Tyrome Lott (Attachments: # 1 Memorandum in Support, # 2 Exhibit Ex 1 - Mediated Settlement Agreement, # 3 Proposed Order) (Deckard, James) (Entered: 01/30/2023)

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89 Feb. 7, 2023

NOTICE OF FILING (Joint) by Tyrome Lott re 88 Agreed MOTION for Settlement Approval (Attachments: # 1 Exhibit Proposed Notice of Pendency of Class Action) (Deckard, James) Modified on 2/8/2023 - text added (SMJ). (Entered: 02/07/2023)

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Case Details

State / Territory:

Kentucky

Case Type(s):

Policing

Key Dates

Filing Date: March 15, 2019

Closing Date: Aug. 22, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons with vehicles registered to them whose vehicles were assessed a storage fee in excess of $10 for each of the first seven days a vehicle was in storage, plus a $5.00 fee per day for each additional day thereafter that a vehicle remained in storage since on or about February 2, 2008.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Louisville

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Excessive Bail/Fines

Other Dockets:

Western District of Kentucky 3:19-cv-00271

U.S. Court of Appeals for the Sixth Circuit 21-00503

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,500,000.00

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Recommended Citation