Case: United States v. State of Tennessee

2:24-cv-02101 | U.S. District Court for the Western District of Tennessee

Filed Date: Feb. 15, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 15, 2024, the United States filed a lawsuit against the State of Tennessee and the Tennessee Bureau of Investigation in the United States District Court for the Western District of Tennessee to enforce Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. Part 35. The federal government alleged that Tennessee unlawfully discriminates against people with HIV in their maintenance and enforcement of their aggravated …

On February 15, 2024, the United States filed a lawsuit against the State of Tennessee and the Tennessee Bureau of Investigation in the United States District Court for the Western District of Tennessee to enforce Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. Part 35. The federal government alleged that Tennessee unlawfully discriminates against people with HIV in their maintenance and enforcement of their aggravated prostitution statute, Tenn. Code. Ann. § 39-13-516. Upon conviction, people living with HIV are required to register as sex offenders and are subject to higher criminal penalties, while people without HIV status—engaging in the same conduct but charged under the misdemeanor version of the offense—are not. As the United States claimed, this violates the ADA because HIV is a disability under the statute, and the disparity in penalties does not reflect the current scientific understanding of the risk of harm and treatment availability for HIV. The United States sought a declaration that the Tennessee law violates the ADA, and to enjoin the State from enforcing the aggravated prostitution statute and accompanying sex offender registration requirements. It also asked the court to order Tennessee to remove individuals from the sex offender registry who are listed solely for convictions under the aggravated prostitution statute, to expunge these records, and alert other law enforcement agencies that this information is no longer valid. Lastly, the United States sought compensatory damages on behalf of the named complainant and other aggrieved individuals. 

The case was assigned to Chief Judge Sheryl H. Lipman and Chief Magistrate Judge Tu M. Pham. On March 25, defendants moved unopposed to consolidate this case with OUTMemphis v. Bill Lee, Case No. 2:23-cv-2670-SHL-CGC, another case challenging the aggravated prostitution statute, in which the United States Department of Justice sued the state of Tennessee and the Tennessee Bureau of Investigation. Defendants also filed a motion to stay proceedings until July 15, 2024, “in light of the General Assembly’s recent amendment of many of the statutes that are at the core of the federal government’s claims.” In response, the United States claimed that the new statute does not cure the discriminatory effect of the aggravated prostitution law, and fails to address the harm done to those previously convicted and added to the sex offender registry. 

The parties met for a scheduling conference on April 3, 2024. Following the conference, the Court consolidated this case with OUTMemphis v. Bill Lee, and set the trial date for January 20, 2026. 

On April 10, 2024, the State of Tennessee and the Tennessee Bureau of Investigation filed a motion to dismiss, arguing that the U.S. Department of Justice had no cause of action to sue in this case. Defendants further argued that the state had a "prerogative to superintend public health," and that to interpret the ADA as prohibiting Tennessee's aggravated prostitution statute would improperly invade that prerogative.

As of May 11, 2024, defendants' motion to stay and motion to dismiss are pending before the Court. This case is ongoing.

Summary Authors

Grayson Metzger (4/4/2024)

Sarah Portwood (5/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68253391/parties/united-states-v-state-of-tennessee/


Judge(s)
Attorney for Plaintiff

Agathocleous, Alexis (Tennessee)

Alvarez, Alexis (Tennessee)

Berger, Stephanie Meta (Tennessee)

Bobrow, Anna (Tennessee)

Attorney for Defendant

Brandon, Cody Nash (Tennessee)

Documents in the Clearinghouse

Documents in this case
1

2:24-cv-02101

Complaint

Feb. 15, 2024

Feb. 15, 2024

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68253391/united-states-v-state-of-tennessee/

Last updated April 12, 2026, 4:36 a.m.

ECF Number Date Description Link
1 Feb. 15, 2024

COMPLAINT against All Defendants, filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Berger, Stephanie) (Entered: 02/15/2024)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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Clearinghouse
2 Feb. 15, 2024

Chief Judge Sheryl H. Lipman and Chief Magistrate Judge Tu M. Pham added. (jae) (Entered: 02/15/2024)

RECAP
3 Feb. 15, 2024

NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) (Entered: 02/15/2024)

RECAP
4 Feb. 15, 2024

NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) (Entered: 02/15/2024)

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5 Feb. 15, 2024

NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) (Entered: 02/15/2024)

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6 Feb. 15, 2024

Summons Issued as to State of Tennessee, Tennessee Bureau of Investigation. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: # 1 summons)(jae) (Entered: 02/15/2024)

1 summons

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Feb. 15, 2024

Notice LR 72.1 - Right to Consent to Jurisdiction by Magistrate Judge

Feb. 15, 2024

Notice LR 16.2

Feb. 15, 2024

ADR Compliance

7 Feb. 29, 2024

NOTICE of Appearance by John Ross Glover on behalf of State of Tennessee, Tennessee Bureau of Investigation (Glover, John) (Entered: 02/29/2024)

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8 Feb. 29, 2024

MOTION for Extension of Time to File Response/Reply as to 1 Complaint Proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation. (Glover, John) (Entered: 02/29/2024)

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9 Feb. 29, 2024

NOTICE of Appearance by Ali Szemanski on behalf of United States of America (Szemanski, Ali) (Entered: 02/29/2024)

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10 Feb. 29, 2024

ORDER GRANTING 8 DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Signed by Chief Judge Sheryl H. Lipman on February 29, 2024. (shl) (Entered: 02/29/2024)

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11 Feb. 29, 2024

SUMMONS Returned Executed by United States of America as to State of Tennessee. (Szemanski, Ali) (Entered: 02/29/2024)

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12 Feb. 29, 2024

SUMMONS Returned Executed by United States of America as to Tennessee Bureau of Investigation. (Szemanski, Ali) (Entered: 02/29/2024)

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13 March 1, 2024

SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been SET for WEDNESDAY, APRIL 3, 2024 at 9:30 A.M. (CDT) before Chief Judge Sheryl H. Lipman. The conference will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. (jpw) (Entered: 03/01/2024)

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14 March 25, 2024

NOTICE of Appearance by Cody Nash Brandon on behalf of State of Tennessee, Tennessee Bureau of Investigation (Brandon, Cody) (Entered: 03/25/2024)

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15 March 25, 2024

MOTION to Consolidate Cases Unopposed- proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation. (Attachments: # 1 Memorandum in Support of Unopposed Motion to Consolidate)(Brandon, Cody) (Entered: 03/25/2024)

1 Memorandum in Support of Unopposed Motion to Consolidate

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16 March 25, 2024

NOTICE of Appearance by David M. Rudolph on behalf of All Defendants (Rudolph, David) (Entered: 03/25/2024)

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17 March 27, 2024

REPORT of Rule 26(f) Planning Meeting . (Berger, Stephanie) (Entered: 03/27/2024)

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18 March 28, 2024

TEXT SETTING LETTER: At the Scheduling Conference set for 4/3/2024 via Teams at 9:30 AM before Chief Judge Sheryl H. Lipman, the Attorneys will participate in a Status Conference with the parties in case number 23-cv-2670. (mmm) (Entered: 03/28/2024)

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March 28, 2024

Setting Letter

19 March 29, 2024

MOTION to Stay proposed order submitted by All Defendants. (Attachments: # 1 Memorandum in Support of Motion to Stay, # 2 Exhibit 1--Public Chapter 545, # 3 Exhibit 2--Proposed Scheduling Order, # 4 Exhibit 3--Private Plaintiffs' First Requests for Production)(Brandon, Cody) (Entered: 03/29/2024)

1 Memorandum in Support of Motion to Stay

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2 Exhibit 1--Public Chapter 545

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3 Exhibit 2--Proposed Scheduling Order

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4 Exhibit 3--Private Plaintiffs' First Requests for Production

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20 April 2, 2024

RESPONSE in Opposition re 19 MOTION to Stay proposed order submitted filed by United States of America. (Szemanski, Ali) (Entered: 04/02/2024)

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21 April 3, 2024

Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: Status Conference held via Microsoft Teams Video on 4/3/2024. Alexis Agathocleous, Milo Inglehart, Rachel Anne Meeropol, Jeff L Preptit, and Jon Warren Davidson appeared for plaintiffs. Cody Nash Brandon, John Ross Glover, and David M. Rudolph appeared for defendants. Status of the case discussed. ECF 79 Motion for Leave to File Reply GRANTED and defendants' reply is due within 3 days of today. ECF 76 Motion to Consolidate for scheduling purposes is GRANTED. (Court Reporter: Candace Covey) Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(mmm) (Entered: 04/03/2024)

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22 April 3, 2024

Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: Microsoft Teams Video Scheduling Conference held on 4/3/2024. Ali Szemanski and Stephanie Meta Berger appeared for the Plaintiff. Cody Nash Brandon, John Ross Glover, and David M. Rudolph appeared for defendants. The Court granted an oral motion to file reply brief within 3 days of today. ECF 15 Motion to Consolidate Cases for scheduling purposes GRANTED. Non-Jury Trial set for Tuesday, 1/20/2026 at 9:30 AM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. Trial is estimated to last 2 weeks. Pretrial Conference set for Friday, 1/9/2026 at 9:00 AM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. Proposed Joint Pretrial Order due by 1/2/2026. Scheduling Order to be entered. (Court Reporter: Candace Covey) Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(mmm) (Entered: 04/03/2024)

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23 April 3, 2024

SETTING LETTER: A NON-JURY TRIAL has been SET before Chief Judge Sheryl H. Lipman on TUESDAY, JANUARY 20, 2026 at 9:30 A.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee.A PRETRIAL CONFERENCE will be held on FRIDAY, JANUARY 9, 2026 at 9:00 A.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee.A PROPOSED JOINT PRETRIAL ORDER must be furnished to the Court by JANUARY 2, 2026.PLEASE SEE ATTACHED INSTRUCTIONS. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(mmm) (Entered: 04/03/2024)

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24 April 3, 2024

REPLY to Response to Motion re (78 in 2:23-cv-02670-SHL-cgc) Response in Opposition to Motion to Stay filed by Bill Lee, David Rausch, Jonathan Skrmetti, Frank Strada. Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Brandon, Cody) (Entered: 04/03/2024)

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25 April 3, 2024

SCHEDULING ORDER. Signed by Chief Judge Sheryl H. Lipman on 4/3/2024. (shl) (Entered: 04/03/2024)

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April 3, 2024

Scheduling Conference

April 3, 2024

Status Conference AND ~Util - Terminate Motions

26 April 5, 2024

REPLY to Response to Motion re (20 in 2:24-cv-02101-SHL-tmp) Response in Opposition to Motion to Stay filed by State of Tennessee, Tennessee Bureau of Investigation. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 04/05/2024)

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27 April 10, 2024

MOTION for Leave to File Excess Pages Proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 04/10/2024)

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28 April 10, 2024

MOTION to Dismiss by State of Tennessee, Tennessee Bureau of Investigation. (Attachments: # 1 Memorandum Memorandum in Support of State Entities' Motion to Dismiss)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Glover, John) (Entered: 04/10/2024)

1 Memorandum Memorandum in Support of State Entities' Motion to Dismiss

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29 April 11, 2024

REPLY to Response to Motion re (67 in 2:23-cv-02670-SHL-cgc) Response in Opposition to Motion filed by Bill Lee, David Rausch, Jonathan Skrmetti, Frank Strada. Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Glover, John) (Entered: 04/11/2024)

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30 April 11, 2024

ORDER GRANTING 27 DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE EXCESS PAGES. Signed by Chief Judge Sheryl H. Lipman on 4/11/2024. (shl) (Entered: 04/11/2024)

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31 April 18, 2024

MOTION for Extension of Time to File Response/Reply as to (28 in 2:24-cv-02101-SHL-tmp) MOTION to Dismiss, MOTION for Leave to File Excess Pages Proposed order submitted by United States of America. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Berger, Stephanie) (Entered: 04/18/2024)

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32 April 19, 2024

ORDER GRANTING 31 PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME AND FOR LEAVE TO FILE EXCESS PAGES. Signed by Chief Judge Sheryl H. Lipman on April 19, 2024. (shl) (Entered: 04/19/2024)

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33 April 19, 2024

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4-3-24 before Judge Sheryl H. Lipman. Court Reporter Candace S. Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 4/24/2024. Redaction Request due 5/10/2024. Release of Transcript Restriction set for 7/18/2024. Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Covey, Candace) (Entered: 04/19/2024)

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34 April 19, 2024

NOTICE of Appearance by Anna Bobrow on behalf of United States of America Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Bobrow, Anna) (Entered: 04/19/2024)

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35 May 6, 2024

MOTION to Compel (proposed order submitted) by All Plaintiffs. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Alexis Alvarez)Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Alvarez, Alexis) (Entered: 05/06/2024)

1 Memorandum of Law

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2 Declaration of Alexis Alvarez

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36 May 9, 2024

NOTICE by Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, OUTMemphis of Service of Discovery Requests Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Alvarez, Alexis) (Entered: 05/09/2024)

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37 May 10, 2024

MOTION to Withdraw Proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation. (Glover, John) (Entered: 05/10/2024)

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38 May 13, 2024

ORDER GRANTING MOTION TO WITHDRAW. Signed by Chief Judge Sheryl H. Lipman on May 13, 2024. Attorney John Glover is terminated. (shl) (ECF No. 96 in 2:23-cv-02670-SHL-cgc; ECF No. 37 in 2:24-cv-02101-SHL-tmp) (Entered: 05/13/2024)

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39 May 13, 2024

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO STAY THE OUTMEMPHIS CASE, DENYING MOTION TO STAY THE UNITED STATES CASE, AND GRANTING IN PART AND DENYING IN PART MOTION TO COMPEL. Signed by Chief Judge Sheryl H. Lipman on May 13, 2024. (shl) (ECF Nos. 77, 94 in 2:23-cv-02670-SHL-cgc; ECF Nos. 19, 35 in 2:24-cv-02101-SHL-tmp) (Entered: 05/13/2024)

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40 May 16, 2024

NOTICE by Bill Lee, David Rausch, Jonathan Skrmetti, Frank Strada of Supplemental Authority (Attachments: # 1 Exhibit 1--Sixth Circuit Decision in Does 1-9)Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Brandon, Cody) (Entered: 05/16/2024)

1 Exhibit 1--Sixth Circuit Decision in Does 1-9

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41 May 21, 2024

NOTICE by Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, OUTMemphis re (40 in 2:24-cv-02101-SHL-tmp, 99 in 2:23-cv-02670-SHL-cgc) Notice (Other) in response to Defendants' notice of supplemental authority Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Meeropol, Rachel) (Entered: 05/21/2024)

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42 May 22, 2024

RESPONSE in Opposition re (87 in 2:23-cv-02670-SHL-cgc, 28 in 2:24-cv-02101-SHL-tmp) MOTION to Dismiss filed by United States of America. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Berger, Stephanie) (Entered: 05/22/2024)

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43 May 24, 2024

MOTION for Extension of Time to File Response/Reply Proposed Order Submitted by State of Tennessee, Tennessee Bureau of Investigation. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 05/24/2024)

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44 May 29, 2024

ORDER DENYING UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY(102 in 2:23-cv-02670-SHL-cgc; 43 in 2:24-cv-02101-SHL-tmp)Signed by Chief Judge Sheryl H. Lipman on May 29, 2024.(shl) (Entered: 05/29/2024)

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45 May 30, 2024

MOTION for Extension of Time to File Response/Reply Proposed Order Submitted by State of Tennessee, Tennessee Bureau of Investigation. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 05/30/2024)

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46 May 30, 2024

ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY. (104 in 2:23-cv-02670-SHL-cgc, 45 in 2:24-cv-02101-SHL-tmp) Signed by Chief Judge Sheryl H. Lipman on May 30, 2024. (shl) (Entered: 05/30/2024)

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47 June 12, 2024

MOTION for Certification of Interlocutory Order for Appeal proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation. (Attachments: # 1 Memorandum in Support of Motion for Certification, # 2 Exhibit 1--5th Circuit Request, # 3 Exhibit 2--DOJ Supplement Letter)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 06/12/2024)

1 Memorandum in Support of Motion for Certification

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2 Exhibit 1--5th Circuit Request

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3 Exhibit 2--DOJ Supplement Letter

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48 June 13, 2024

REPLY to Response to Motion re (101 in 2:23-cv-02670-SHL-cgc, 42 in 2:24-cv-02101-SHL-tmp) Response in Opposition to Motion to Dismiss filed by State of Tennessee, Tennessee Bureau of Investigation. (Attachments: # 1 Exhibit 1--DOJ Response in Tennessee v. EEOC)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 06/13/2024)

1 Exhibit 1--DOJ Response in Tennessee v. EEOC

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49 June 13, 2024

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 47 MOTION for Certification of Interlocutory Order for Appeal proposed order submitted filed by Tennessee Bureau of Investigation, State of Tennessee has been filed. However, the following deficiency has been found : Filer failed to include a certificate of consultation. Please submit under the event "Attachment", linking it to the motion. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 06/13/2024)

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50 June 13, 2024

ATTACHMENT Certificate of Consultation to (47 in 2:24-cv-02101-SHL-tmp, 106 in 2:23-cv-02670-SHL-cgc) MOTION for Certification of Interlocutory Order for Appeal proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation.. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 06/13/2024)

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June 13, 2024

Deficiency Notice

51 June 17, 2024

NOTICE by Bill Lee, David Rausch, Jonathan Skrmetti, Frank Strada of Supplemental Authority (Attachments: # 1 Exhibit 1--Supreme Court Opinion No. 23-235)Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Brandon, Cody) (Entered: 06/17/2024)

1 Exhibit 1--Supreme Court Opinion No. 23-235

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52 June 18, 2024

NOTICE by Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, OUTMemphis re (110 in 2:23-cv-02670-SHL-cgc, 51 in 2:24-cv-02101-SHL-tmp) Notice (Other) of Supplemental Authority Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Meeropol, Rachel) (Entered: 06/18/2024)

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53 June 26, 2024

RESPONSE in Opposition re (47 in 2:24-cv-02101-SHL-tmp, 106 in 2:23-cv-02670-SHL-cgc) MOTION for Certification of Interlocutory Order for Appeal proposed order submitted filed by United States of America. (Attachments: # 1 Exhibit 1 - Addenda A and B)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Berger, Stephanie) (Entered: 06/26/2024)

1 Exhibit 1 - Addenda A and B

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54 July 1, 2024

Joint MOTION for Protective Order proposed order submitted by United States of America. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Berger, Stephanie) (Entered: 07/01/2024)

1 Exhibit 1 - Stipulated Protective Order

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55 July 1, 2024

Joint MOTION for Discovery - Stipulation and Order Regarding Discovery (proposed order submitted) by United States of America. (Attachments: # 1 Exhibit 1 - Stipulation and Order Regarding Discovery)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Berger, Stephanie) (Entered: 07/01/2024)

1 Exhibit 1 - Stipulation and Order Regarding Discovery

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56 July 2, 2024

MOTION to Extend Deadline to File Motion for Leave to Reply, proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation. (Attachments: # 1 Memorandum in Support of Motion for Extension)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 07/02/2024)

1 Memorandum in Support of Motion for Extension

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57 July 2, 2024

ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR LEAVE TO FILE REPLY.Signed by Chief Judge Sheryl H. Lipman on July 2, 2024. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(shl) (Entered: 07/02/2024)

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58 July 3, 2024

NOTICE by Bill Lee, David Rausch, Jonathan Skrmetti, Frank Strada of Supplemental Authority (Attachments: # 1 Exhibit 1--Sixth Circuit Decision in NAACP v. Lee)Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Brandon, Cody) (Entered: 07/03/2024)

1 Exhibit 1--Sixth Circuit Decision in NAACP v. Lee

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59 July 3, 2024

MOTION for Leave to File Reply in Support of Defendants' Motion for Certification, proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation. (Attachments: # 1 Exhibit Proposed Reply in Support of Motion for Certification)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 07/03/2024)

1 Exhibit Proposed Reply in Support of Motion for Certification

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60 July 8, 2024

TRANSCRIPT RELEASE NOTICE: By Administrative Order 2008-35 the United States District Court for the Western District of Tennessee implemented a policy regarding remote access to electronic transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule 49.1, each party's attorney is required to review a transcript for information that should be redacted pursuant to the Judicial Conference's privacy policy which requires that Social Security numbers be redacted to show only the last four digits; birth dates should contain only the year of birth; individuals known to be minors should be referred to with initials; and financial account numbers should be redacted to the last four digits. Additionally, in criminal case files, home addresses should reveal only the city and state of residence.Our records indicate that the 90-day restriction on public access to an electronic transcript(s) in this matter will lapse within 10 days. If a redaction request is required but has not been filed, please do so immediately. Please feel free to contact our office for further guidance on this issue. Document #33: Release Date 7/18/2024. (cas) (Entered: 07/08/2024)

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61 July 8, 2024

ORDER GRANTING 59 DEFENDANTS UNOPPOSED MOTION FOR LEAVETO FILE REPLY IN SUPPORT OF MOTION FOR CERTIFICATION. Signed by Chief Judge Sheryl H. Lipman on July 8, 2024. (shl) (Entered: 07/08/2024)

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62 July 8, 2024

REPLY to Response to Motion re (112 in 2:23-cv-02670-SHL-cgc, 53 in 2:24-cv-02101-SHL-tmp) Response in Opposition to Motion, for Certification of Order for Interlocutory Appeal filed by State of Tennessee, Tennessee Bureau of Investigation. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 07/08/2024)

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July 8, 2024

Transcript Release Notice

63 July 9, 2024

ORDER 54 GRANTING JOINT MOTION FOR PROTECTIVE ORDER. Signed by Chief Judge Sheryl H. Lipman on July 9, 2024. (Attachments: # 1 Exhibit) Associated Case: 2:23-cv-02670-SHL-cgc(shl) (Entered: 07/09/2024)

1 Exhibit

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64 July 9, 2024

ORDER GRANTING (55) JOINT MOTION FOR STIPULATION AND ORDER REGARDING DISCOVERY in case 2:24-cv-02101-SHL-tmp. Signed by Chief Judge Sheryl H. Lipman on July 9, 2024. Associated Case: 2:23-cv-02670-SHL-cgc (shl) (Entered: 07/09/2024)

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65 July 11, 2024

NOTICE by Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, OUTMemphis re (117 in 2:23-cv-02670-SHL-cgc) Notice (Other), of Supplemental Authority Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Alvarez, Alexis) (Entered: 07/11/2024)

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66 July 17, 2024

NOTICE by Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, OUTMemphis (Joint) of Partial Settlement and Stipulation of Partial Dismissal (Attachments: # 1 Exhibit A)Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Agathocleous, Alexis) (Entered: 07/17/2024)

1 Exhibit A

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67 July 22, 2024

NOTICE by United States of America of Service of Discovery Requests Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Bobrow, Anna) (Entered: 07/22/2024)

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68 July 24, 2024

MOTION for Leave to File Supplemental Motion to Dismiss, proposed order submitted by Tennessee Bureau of Investigation. (Attachments: # 1 Exhibit 1--Proposed Supplemental Motion to Dismiss, # 2 Exhibit 2--Proposed Memorandum in Support of Supplemental Motion to Dismiss)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 07/24/2024)

1 Exhibit 1--Proposed Supplemental Motion to Dismiss

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2 Exhibit 2--Proposed Memorandum in Support of Supplemental Motion to Dismiss

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69 July 25, 2024

ORDER GRANTING (68) DEFENDANT TENNESSEE BUREAU OF INVESTIGATION'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL MOTION TO DISMISS in case 2:24-cv-02101-SHL-tmp. Signed by Chief Judge Sheryl H. Lipman on July 25, 2024. (shl) Associated Case: 2:23-cv-02670-SHL-cgc (Entered: 07/25/2024)

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70 July 25, 2024

Supplemental MOTION to Dismiss by Tennessee Bureau of Investigation. (Attachments: # 1 Memorandum Memorandum of Law in Support of Supplemental Motion to Dismiss)Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Brandon, Cody) (Entered: 07/25/2024)

1 Memorandum Memorandum of Law in Support of Supplemental Motion to Dismiss

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71 Aug. 21, 2024

RESPONSE in Opposition re (129 in 2:23-cv-02670-SHL-cgc) Supplemental MOTION to Dismiss filed by United States of America. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Bobrow, Anna) (Entered: 08/21/2024)

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72 Sept. 4, 2024

REPLY to Response to Motion re (71 in 2:24-cv-02101-SHL-tmp, 130 in 2:23-cv-02670-SHL-cgc) Response in Opposition to Motion to Dismiss filed by Tennessee Bureau of Investigation. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 09/04/2024)

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73 Sept. 13, 2024

MOTION to Compel the State of Tennessee to Produce Documents by United States of America. (Attachments: # 1 Memorandum in Support of Motion to Compel, # 2 Exhibit A - United States' First Set of RFPs (excerpted), # 3 Exhibit B - Defendants' Responses to United States' First Set of RFPs, # 4 Exhibit C - Correspondence re U.S. RFPs)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Szemanski, Ali) (Entered: 09/13/2024)

1 Memorandum in Support of Motion to Compel

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2 Exhibit A - United States' First Set of RFPs (excerpted)

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3 Exhibit B - Defendants' Responses to United States' First Set of RFPs

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4 Exhibit C - Correspondence re U.S. RFPs

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74 Sept. 16, 2024

NOTICE by United States of America of Service of Discovery Requests Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Berger, Stephanie) (Entered: 09/16/2024)

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75 Sept. 27, 2024

RESPONSE in Opposition re (132 in 2:23-cv-02670-SHL-cgc) MOTION to Compel the State of Tennessee to Produce Documents Proposed Order Submitted filed by State of Tennessee. (Attachments: # 1 Exhibit 1--DOJ Superseding Responses to Written Discovery, # 2 Exhibit 2--Excerpts of DOJ's Second Discovery Requests, # 3 Exhibit 3--AG Email Providing Non-Party Contacts, # 4 Exhibit 4--DOJ Confirmation of Production, # 5 Exhibit 5--DOJ Letter in UBS v. United States, # 6 Exhibit 6--DOJ Brief in North Dakota v. United States, # 7 Exhibit 7--DOJ Brief in Texas v. Holder)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 09/27/2024)

1 Exhibit 1--DOJ Superseding Responses to Written Discovery

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2 Exhibit 2--Excerpts of DOJ's Second Discovery Requests

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3 Exhibit 3--AG Email Providing Non-Party Contacts

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4 Exhibit 4--DOJ Confirmation of Production

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5 Exhibit 5--DOJ Letter in UBS v. United States

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6 Exhibit 6--DOJ Brief in North Dakota v. United States

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7 Exhibit 7--DOJ Brief in Texas v. Holder

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76 Oct. 2, 2024

MOTION for Leave to File Reply in Support of Motion to Compel (proposed order submitted) by United States of America. (Attachments: # 1 Attachment - Proposed Reply)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Szemanski, Ali) (Entered: 10/02/2024)

1 Attachment - Proposed Reply

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77 Oct. 4, 2024

ORDER GRANTING (137) (76) PLAINTIFF UNITED STATES' UNOPPOSED MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION TO COMPEL. Signed by Chief Judge Sheryl H. Lipman on 10/04/2024. Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp (shl) (Entered: 10/04/2024)

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78 Oct. 7, 2024

REPLY to Response to Motion re (136 in 2:23-cv-02670-SHL-cgc, 75 in 2:24-cv-02101-SHL-tmp) Response in Opposition to Motion,, to Compel filed by United States of America. (Attachments: # 1 Exhibit A - Memorandum, No. 11-cv-2101, ECF No. 442-1)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Szemanski, Ali) (Entered: 10/07/2024)

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79 Oct. 8, 2024

MOTION to Compel the United States to Answer Interrogatories by State of Tennessee, Tennessee Bureau of Investigation. (Attachments: # 1 Memorandum in Support of Motion to Compel, # 2 Exhibit 1--Defendants' First Discovery Requests, # 3 Exhibit 2--DOJ's Objections, # 4 Exhibit 3--Emails About DOJ's Objections, # 5 Exhibit 4--DOJ's Briefing in Wilkins v. Austin)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 10/08/2024)

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80 Oct. 9, 2024

NOTICE by OUTMemphis of Supplemental Authority (Attachments: # 1 Exhibit 1)Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp(Agathocleous, Alexis) (Entered: 10/09/2024)

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81 Oct. 9, 2024

NOTICE by United States of America of Supplemental Authority (Attachments: # 1 Exhibit A - Amended Order)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Szemanski, Ali) (Entered: 10/09/2024)

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82 Oct. 10, 2024

NOTICE of Appearance by Matthew J Faiella on behalf of United States of America (Faiella, Matthew) (Entered: 10/10/2024)

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83 Oct. 18, 2024

Joint MOTION to Amend/Correct (25 in 2:24-cv-02101-SHL-tmp) Scheduling Order proposed order submitted by United States of America, State of Tennessee, Tennessee Bureau of Investigation. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 10/18/2024)

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84 Oct. 18, 2024

ORDER GRANTING 143 83 JOINT MOTION TO AMEND SCHEDULING ORDER. Signed by Chief Judge Sheryl H. Lipman on 10/18/2024. Associated Cases: 2:23-cv-02670-SHL-cgc, 2:24-cv-02101-SHL-tmp (shl) (Entered: 10/18/2024)

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85 Oct. 22, 2024

RESPONSE in Opposition re (140 in 2:23-cv-02670-SHL-cgc) MOTION to Compel the United States to Answer Interrogatories (proposed order submitted) filed by United States of America. (Attachments: # 1 Exhibit A - Justice Manual Excerpts)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Szemanski, Ali) (Entered: 10/22/2024)

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86 Oct. 23, 2024

TEXT ORDER REFERRING MOTION: 79 Defendants' MOTION to Compel referred to Chief Magistrate Judge Tu M. Pham for determination. Signed by Chief Judge Sheryl H. Lipman on 10/23/2024. (dh) (Entered: 10/23/2024)

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Oct. 23, 2024

Order Referring Motion

87 Oct. 25, 2024

MOTION for Leave to File Reply in Support of Defendants' Motion to Compel, proposed order submitted by State of Tennessee, Tennessee Bureau of Investigation. (Attachments: # 1 Proposed Reply in support of Motion to Compel, # 2 Exhibit 1 to Reply--Excerpts of DOJ's Second Discovery Requests, # 3 Exhibit 2 to Reply--Emails Proposing Stipulations)Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 10/25/2024)

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88 Oct. 28, 2024

TEXT ORDER granting 87 Motion for Leave to File Reply In Support of Defendants' Motion to Compel in case 2:24-cv-02101-SHL-tmp. For good cause shown, this unopposed motion for leave to file is GRANTED. Signed by Chief Magistrate Judge Tu M. Pham on October 28, 2024. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc (TEXT ORDER ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY) (hlb) (Entered: 10/28/2024)

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89 Oct. 28, 2024

REPLY to Response to Motion re (145 in 2:23-cv-02670-SHL-cgc, 85 in 2:24-cv-02101-SHL-tmp) Response in Opposition to Motion, Reply in Support of State Entity Defendants' Motion to Compel filed by All Defendants. Associated Cases: 2:24-cv-02101-SHL-tmp, 2:23-cv-02670-SHL-cgc(Brandon, Cody) (Entered: 10/28/2024)

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Oct. 28, 2024

Order on Motion for Leave to File

90 Oct. 31, 2024

NOTICE of Appearance by Steven James Griffin on behalf of All Defendants (Griffin, Steven) (Entered: 10/31/2024)

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Case Details

State / Territory:

Tennessee

Case Type(s):

Criminal Justice (Other)

Disability Rights

Key Dates

Filing Date: Feb. 15, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States, on behalf of individuals living with HIV who were charged under Tennessee's aggravated prostitution

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Tennessee

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Western District of Tennessee 2:24-cv-02101

Western District of Tennessee 2:23-cv-02670

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Record-keeping

Sex offender regulation

Disability and Disability Rights:

Disability, unspecified

Discrimination Area:

Disparate Treatment

Medical Exam / Inquiry

Discrimination Basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health Care:

HIV/AIDS

Recommended Citation