Case: Horwitz v. U.S. District Court for the Middle District of Tennessee

COMPLAINT against Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee (Filing fee $405, Receipt number ATNMDC-4173191), filed by Daniel A. Horwitz. (Attachments: # 1 Attachment - Civil Cover Sheet, # 2 Exhibit - A)(ad) (Entered: 10/01/2024)

1 Attachment - Civil Cover Sheet

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2 Exhibit - A

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NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ad) (Entered: 10/01/2024)

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad) (Entered: 10/01/2024)

Summons issued as to Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (ad) (Entered: 10/01/2024)

Annotation - Bar Status

TN State Bar status verified as active for Braden H. Boucek admitted to this court. (ad)

Annotation - Deficiency Notice

State Bar status verified as active for Jared Mcclain, Benjamin A. Field admitted to this court-local counsel secured. (ad)

NOTICE TO FILER re DE# 1 : Counsel failed to include the mandatory description of the attached exhibit. Counsel is directed to file a notice that lists exhibit with a brief description. (ad)

NOTICE by Daniel A. Horwitz re Annotation - Deficiency Notice Notice of Description of Plaintiffs Complaint Exhibit (Mcclain, Jared) (Entered: 10/02/2024)

SUMMONS returned executed by Daniel A. Horwitz. Hon. Aleta A. Trauger served on 10/8/2024. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to Hon. Aleta A.Trauger c/o U.S. Attorney General on 10/10/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to Hon. Aleta A. Trauger c/o U.S. Attorney Henry Leventis on 10/08/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS returned executed by Daniel A. Horwitz. Hon. Eli Richardson served on 10/8/2024. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to Hon. Eli Richardson c/o U.S. Attorney General on 10/10/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to Hon. Eli Richardson c/o U.S. Attorney Henry Leventis on 10/08/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS returned executed by Daniel A. Horwitz. U.S. District Court for the Middle District of Tennessee served on 10/8/2024. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to U.S. District Court for the Middle District of Tennessee c/o U.S. Attorney Henry Leventis on 10/08/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to U.S. District Court for the Middle District of Tennessee c/o U.S. Attorney General on 10/10/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to Hon. Waverly D. Crenshaw c/o U.S. Attorney General on 10/10/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to Hon. Waverly D. Crenshaw c/o U.S. Attorney Henry Leventis on 10/08/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS returned executed by Daniel A. Horwitz. Hon. William L. Campbell, Jr served on 10/8/2024. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to Hon. William L. Campbell, Jr. c/o U.S. Attorney General on 10/10/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS Returned Executed as to Hon. William L. Campbell, Jr. c/o U.S. Attorney Henry Leventis on 10/08/2024 by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 10/18/2024)

SUMMONS returned executed by Daniel A. Horwitz. Hon. Waverly D. Crenshaw, Jr served on 10/30/2024. (Mcclain, Jared) (Entered: 10/31/2024)

MOTION for Preliminary Injunction by Daniel A. Horwitz. (Attachments: # 1 Attachment Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Attachment Declaration of Plaintiff, # 3 Exhibit A: Order on Motion for Compliance with Local Rule 83.04 and to Strike)(Mcclain, Jared) (Entered: 11/01/2024)

1 Attachment Memorandum in Support of Plaintiff's Motion for Preliminary Inju

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2 Attachment Declaration of Plaintiff

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3 Exhibit A: Order on Motion for Compliance with Local Rule 83.04 and to Strike

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NOTICE OF JUDGE ASSIGNMENT: All District Judges of the Middle District of Tennessee have recused in this matter. Chief Judge Jeffery S. Sutton of the Sixth Circuit Court of Appeals has designated United States Circuit Judge Julia Smith Gibbons to preside over the case. Accordingly, the case is hereby reassigned to Judge Gibbons. Signed by Chief Deputy Vicki Kinkade on 11/6/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) (Entered: 11/06/2024)

MOTION for attorney Timothy D. Thompson to Appear Pro Hac Vice (Fee waived) by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (kc) Modified on 11/8/2024 (kc). (Entered: 11/08/2024)

KY State Bar status verified as active for Timothy D. Thompson not admitted to this court - Local counsel waived. (kc)

Annotation - Bar Status

ORDER granting 23 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Timothy D. Thompson to Appear Pro Hac Vice is granted. Signed by Vicki R. Kinkade, Chief Deputy Clerk, on 11/13/2024. (vk) (Entered: 11/13/2024)

Appear Pro Hac Vice

Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Preliminary Injunction by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Thompson, Timothy) (Entered: 11/15/2024)

Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Preliminary Injunction by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Thompson, Timothy) (Entered: 11/19/2024)

Joint MOTION to Schedule Telephonic Status Conference by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Thompson, Timothy) (Entered: 11/26/2024)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Thompson, Timothy) (Entered: 12/09/2024)

ORDER: Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint (Doc. No. 28 ) is GRANTED, and the time within which to respond is extended to January 27, 2025. Signed by Senior Circuit Judge Julia Smith Gibbons on 12/10/2024.(vk) Modified on 12/10/2024 (vk). (Entered: 12/10/2024)

Order on Motion for Extension of Time to Answer

MOTION for Temporary Restraining Order & Renewed Motion for Preliminary Injunction by Daniel A. Horwitz. (Attachments: # 1 Attachment Plaintiff's Memorandum of Law in Support, # 2 Attachment Declaration of Daniel A. Horwitz, # 3 Attachment Declaration of Jared McClain, # 4 Exhibit A - Email from CBS news, # 5 Exhibit B - Examples of trial-publicity rules, # 6 Exhibit C - Law360 article, # 7 Attachment Proposed Order)(Mcclain, Jared) (Entered: 12/18/2024)

1 Attachment Plaintiff's Memorandum of Law in Support

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2 Attachment Declaration of Daniel A. Horwitz

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3 Attachment Declaration of Jared McClain

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4 Exhibit A - Email from CBS news

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5 Exhibit B - Examples of trial-publicity rules

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6 Exhibit C - Law360 article

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7 Attachment Proposed Order

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Annotation - Deficiency Notice

NOTICE TO FILER re DE# 30 : This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (kc)

MOTION to Dismiss for Lack of Jurisdiction by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Attachments: # 1 Attachment Memorandum in Support of Motion to Dismiss)(Thompson, Timothy) (Entered: 12/23/2024)

1 Attachment Memorandum in Support of Motion to Dismiss

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MOTION to Stay by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Attachments: # 1 Attachment Memorandum in Support of Motion to Stay)(Thompson, Timothy) (Entered: 12/24/2024)

RESPONSE in Opposition re 30 MOTION for Temporary Restraining Order & Renewed Motion for Preliminary Injunction filed by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Thompson, Timothy) (Entered: 12/27/2024)

RESPONSE in Opposition re 31 MOTION to Dismiss for Lack of Jurisdiction filed by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 01/02/2025)

RESPONSE in Opposition re 32 MOTION to Stay filed by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 01/02/2025)

REPLY to Response to re 30 MOTION for Temporary Restraining Order & Renewed Motion for Preliminary Injunction filed by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 01/02/2025)

REPLY to Response to re 31 MOTION to Dismiss for Lack of Jurisdiction filed by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Thompson, Timothy) (Entered: 01/09/2025)

ORDER: Plaintiff Daniel A. Horwitz brought suit against the United States District Court for the Middle District of Tennessee and four individual Article III federal judges in the United States District Court for the Middle District of Tennessee. Having considered Horwitz's complaint and defendants' arguments for dismissal, this court concludes that sovereign immunity applied with respect to Horwitz's claims against the United States District Court for the Middle District of Tennessee. Accordingly, the court grants defendants' motion to dismiss (Doc. No. 31 ), in part and dismisses this action, with respect to the United States District Court for the Middle District of Tennessee. Defendants' motion to dismiss is otherwise denied because sovereign immunity does not apply to the remaining four judge defendants sued in their official capacities. Nevertheless, the court dismisses this action against the remaining judge defendants because Horwitz lacks Article III standing. Horwitz's motion for a temporary restraining order and his renewed motion for a preliminary injunction (Doc. No. 30 ) are denied as moot. Accordingly, the case is dismissed. Signed by Senior Circuit Judge Julia Smith Gibbons on 1/14/2025. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vk) (Entered: 01/14/2025)

ENTRY OF JUDGMENT (vk) (Entered: 01/14/2025)

NOTICE OF APPEAL as to 38 Order on Motion for Preliminary Injunction, Order on Motion for TRO, Order on Motion to Dismiss/Lack of Jurisdiction, by Daniel A. Horwitz. Filing fee $ 605, receipt number BTNMDC-4239100. (Mcclain, Jared) Modified on 1/16/2025 (kc). (Entered: 01/15/2025)

USCA Case Number 25-5036 for 40 Notice of Appeal, filed by Daniel A. Horwitz. Civil Case Docketed. Notice filed by Appellant Daniel Alexander Horwitz. Transcript needed: n. (GSA), Gretchen S. Abruzzo, Case Manager. (kc) (Entered: 01/16/2025)

NOTICE of Appearance by Benjamin Isgur on behalf of Daniel A. Horwitz (Isgur, Benjamin) (Entered: 04/01/2025)

VA State Bar status verified as active for Benjamin Isgur admitted to this court. Local counsel secured. (kc)

MOTION For an Injunction Pending Appeal by Daniel A. Horwitz. (Attachments: # 1 Attachment Plaintiff's Memorandum of Law in support of an Injunction Pending Appeal)(Mcclain, Jared) (Entered: 04/08/2025)

1 Attachment Plaintiff's Memorandum of Law in support of an Injunction Pendin

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RESPONSE in Opposition re 43 MOTION For an Injunction Pending Appeal filed by Hon. William L. Campbell, Jr, Hon. Waverly D. Crenshaw, Jr, Hon. Eli Richardson, Hon. Aleta A. Trauger, U.S. District Court for the Middle District of Tennessee. (Thompson, Timothy) (Entered: 04/22/2025)

REPLY to Response to re 43 MOTION For an Injunction Pending Appeal filed by Daniel A. Horwitz. (Mcclain, Jared) (Entered: 04/28/2025)

Order Dismissing Case