U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:97 cv 00734

Transcription

1 U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:97 cv CASE CLOSED SW Williamson Cty v. Slater, et al Assigned to: District Judge Todd J. Campbell Referred to: Magistrate Judge Juliet E. Griffin Demand: $0 Case in other court: Cause: 42:4332 Environmental Policy Coop of Agency Reports Plaintiff Southwest Williamson County Community Association a non profit Tennessee corporation Date Filed: 07/14/1997 Date Terminated: 09/27/2001 Jury Demand: None Nature of Suit: 893 Environmental Matters Jurisdiction: U.S. Government Defendant represented by Joe W. McCaleb 7910 Hilton Hollow Lane Primm Springs, TN (615) Fax: (615) mccalebjw@gmail.com TERMINATED: 12/14/2000 John Langdon Norris Norris & Norris, PLC 424 Church Street Suite 1300 Nashville, TN (615) john@norrislaw.net Richard A. Parrish Southern Environmental Law Center 201 W Main Street Suite 14 Charlottesville, VA (434) Fax: (434) rparrish@selcva.org V. Defendant Rodney E. Slater in his official capacity as Secretary of the United States Department of Transportation Defendant Jane F. Garvey in her official capacity as Acting Administrator, Federal Highway Administration represented by Michael L. Roden Office of the United States Attorney 110 Ninth Avenue, S Suite A961 Nashville, TN (615) michael.roden@usdoj.gov represented by Michael L. Roden (See above for address) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 1 of 9

2 Defendant John Bruce Saltsman, Sr. in his official capacity as Commissioner, Tennessee Department of Transportation represented by Donald L. Corlew Tennessee Attorney General's Office P O Box Nashville, TN (615) Michael William Catalano Tennessee Attorney General's Office P O Box Nashville, TN (615) Defendant James Scapellato represented by Michael L. Roden (See above for address) Date Filed # Docket Text 07/14/ COMPLAINT with Exhibits A and B attached. (Summons(es) issued). Filing fee paid in the amount of $ Receipt #58686 (ks) (Entered: 07/17/1997) 07/14/ NOTICE of Initial Case Management Conference set for 9:00 on 8/25/97. Case referred to Magistrate Judge Juliet E. Griffin (ks) (Entered: 07/17/1997) 07/14/ RETURN OF SERVICE executed upon deft John Bruce Saltsman Sr. on 7/14/97by personal service. (mk) (Entered: 07/22/1997) 07/14/ RETURN OF SERVICE executed upon deft James Scapellato on 7/14/97 by service on US Attorney for MD TN. (mk) (Entered: 07/22/1997) 07/25/ RESPONSE by defts Rodney E. Slater, Jane F. Garvey, and James Scapellato to request for preliminary inj [1 1] (filed in prayer for relief of cmp) (mk) (Entered: 07/28/1997) 07/25/ MOTION by defts Rodney E. Slater, Jane F. Garvey, James Scapellato to dismiss. (mk) (Entered: 07/28/1997) 07/25/ MEMORANDUM by defts in support of mtn to dismiss [6 1] with attached Exhs. (mk) Modified on 07/28/1997 (Entered: 07/28/1997) 07/30/ RETURN OF SERVICE executed upon deft Jane F. Garvey on 7/22/97 by certified mail. (mk) (Entered: 07/30/1997) 07/30/ RETURN OF SERVICE executed upon deft Rodney E. Slater on 7/21/97 by certified mail. (mk) (Entered: 07/30/1997) 07/30/ RETURN OF SERVICE executed upon deft James Scapellato on 7/16/97 by certified mail. (mk) (Entered: 07/30/1997) 07/30/ AFFIDAVIT OF RETURN OF SERVICE executed upon defts Rodney E. Slater, Jane F. Garvey, John Bruce Saltsman Sr., James Scapellato and Janet Reno, U.S. Attorney General. (mk) (Entered: 07/30/1997) 08/04/ MOTION by deft John Bruce Saltsman Sr. to dismiss. (mk) (Entered: 08/05/1997) 08/04/ AFFIDAVIT of William C. Wallace re [12 1]. (mk) (Entered: 08/05/1997) 08/04/ MEMORANDUM by deft John Bruce Saltsman Sr. in support of mtn to dismiss. [12 1] (mk) (Entered: 08/05/1997) 08/06/ MEMORANDUM in opposition by pltf SW Williamson Cty to Federal defts' mtn to dismiss [6 1] and State deft's mtn to dismiss [12 1]. (mk) (Entered: 08/07/1997) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 2 of 9

3 08/07/ MOTION by pltf SW Williamson Cty for preliminary injunction (mk) (Entered: 08/07/1997) 08/07/ MEMORANDUM by pltf SW Williamson Cty in support of mtn for preliminary injunction [16 1] (mk) (Entered: 08/07/1997) 08/07/ JOINT AFFIDAVIT of Patrick Rakes and J.R. Shute re [16 1] (mk) (Entered: 08/07/1997) 08/07/ AFFIDAVIT of Robert Fry re [16 1]. (mk) (Entered: 08/07/1997) 08/07/ AFFIDAVIT of Cindy A. Garvey re [16 1]. (mk) (Entered: 08/07/1997) 08/07/ AFFIDAVIT of Robin Lockwood re [16 1] with attachments (mk) (Entered: 08/07/1997) 08/07/ JOINT AFFIDAVIT of Paul and wife Margaret Sloan re [16 1] (mk) (Entered: 08/07/1997) 08/07/ APPENDIX filed by pltf SW Williamson Cty re [16 1] with Exhs (mk) (Entered: 08/07/1997) 08/13/ ORDER by Judge Todd J. Campbell setting hearing on pltf's mtn for preliminary inj [16 1], deft Saltsman's mtn to dismiss [12 1] and deft Slater's mtn to dismiss [6 1] for 1:30 on 9/30/97. EOD 8/13/97 (cc: all counsel) (mk) (Entered: 08/13/1997) 08/13/ AFFIDAVIT of William Bradley Caldwell re [16 1] with attached Exhs A F. (mk) (Entered: 08/13/1997) 08/13/ MOTION by deft John Bruce Saltsman Sr. for status conference. (mk) (Entered: 08/14/1997) 08/13/ MEMORANDUM by deft John Bruce Saltsman Sr. in support of mtn for status conference. [26 1] (mk) (Entered: 08/14/1997) 08/14/ REBUTTAL by Federal defts to pltf's mtn for preliminary injunction [16 1] with attachments. (mk) (Entered: 08/15/1997) 08/18/ ORDER by Magistrate Judge Juliet E. Griffin cancelling the case management conference set for 8/25/97. Deft Saltsman shall file a response to the mtn for preliminary injunction [16 1] by 9/2/97. (EOD 8/19/97) (cc: all counsel) (ts) (Entered: 08/19/1997) 08/22/ ORDER by Judge Todd J. Campbell granting mtn for status conference. [26 1] Status conference set for 2:30 on 8/29/97. EOD 8/25/97 (cc: all counsel) (mk) (Entered: 08/25/1997) 08/29/ CLERK'S RESUME of Status conference held 8/29/97. Order to enter. C/R: Charlotte Barr (mk) (Entered: 09/02/1997) 08/29/ ORDER by Judge Todd J. Campbell: At status conference on 8/29/97 Court set following ddls re: pending mtns. Parties to supplement briefs re: mtns to dismiss by 9/5/97. State deft to file response to pltf's mtn for prelim inj [16 1], by 9/5/97. Oral argument on mtns to dismiss [12 1] [6 1] set for 1:00 on 9/12/97. Defts to file federal & state administrative records by 9/15/97. By 9/16/97 parties to exchange witness lists, exh lists and afdts for hrg. Parties to file afdts on each witness for hrg. By 9/23/97 parties to file any mtns in limine. Replies to mtns in limine to be filed by 9/29/97. EOD 9/2/97 (cc: all counsel) (mk) (Entered: 09/02/1997) 09/05/ SUPPLEMENTAL BRIEF by Federal defts in support of mtn to dismiss [6 1] per order of Judge Campbell [32 1]. (mk) (Entered: 09/05/1997) 09/05/ RESPONSE by pltf SW Williamson Cty to Federal Defts' rebuttal to pltf's mtn for prelim inj [28 1] with attached Exhs A E. (mk) Modified on 09/05/1997 (Entered: 09/05/1997) 09/05/ MEMORANDUM OF LAW by deft John Bruce Saltsman Sr. in opposition to pltf's mtn for prelim inj [16 1] and supplemental memo of law in support of State deft's mtn to dismiss. (mk) (Entered: 09/05/1997) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 3 of 9

4 09/05/ STATE DEFT'S MEMO OF LAW IN OPPOSITION to pltf' mtn for preliminary inj and SUPPLEMENTAL MEMO OF LAW by deft John Bruce Saltsman Sr. in support of mtn to dismiss [12 1] (mk) (Entered: 09/05/1997) 09/05/ AFFIDAVIT of William L. Moore, Jr. re [35 1], re [35 1] (mk) (Entered: 09/05/1997) 09/05/ AFFIDAVIT of James E. Jeffers, Jr. re [35 1] (mk) (Entered: 09/05/1997) 09/05/ AFFIDAVIT of Terry Van Nuck re [35 1] (mk) (Entered: 09/05/1997) 09/11/ AFFIDAVIT of Frederick M. Miller re [35 1] (seal) (Entered: 09/11/1997) 09/15/ MEMORANDUM OF THE COURT EOD 9/15/97 (cc: all counsel) (mk) (Entered: 09/15/1997) 09/15/ ORDER by Judge Todd J. Campbell granting federal defts' mtn to dismiss [6 1] and State deft's mtn to dismiss [12 1] for reasons in accompanying memorandum. Accordingly, dismissing case. EOD 9/15/97 (cc: all counsel) (mk) (Entered: 09/15/1997) 09/25/ MOTION by pltf for reconsideration of order dismissing case, and to alter and amend judgment (Attached original afdt of William B. Caldwell and copy of afdt of Sharon M. Caldwell) (dm) (Entered: 09/26/1997) 09/25/ AFFIDAVIT of William B. Caldwell re [42 1], re [42 2] (dm) (Entered: 09/26/1997) 09/26/ SUPPLEMENTAL attachment by pltf SW Williamson Cty re [42 1], re [42 2] of original afdt of Sharon Caldwell (dm) (Entered: 09/26/1997) 09/26/ AFFIDAVIT of Sharon M. Caldwell re [42 1], re [42 2] (dm) (Entered: 09/26/1997) 10/07/ RESPONSE by federal defts to pltf's mtn to reconsider [42 1] and to alter and amend jgm [42 2] (mk) (Entered: 10/07/1997) 10/10/ MEMORANDUM OF LAW by State deft in opposition to pltf's mtn to reconsider jgm [42 1] and alter and amend jgm [42 2] w/ attachments (mk) Modified on 10/14/1997 (Entered: 10/14/1997) 10/10/ AFFIDAVIT of Charles E. Bush re [47 1] with attached Appendix 1 8 (mk) (Entered: 10/14/1997) 10/20/ ORDER by Judge Todd J. Campbell denying pltf's mtn for reconsideration of order dismissing case [42 1] and to alter and amend judgment [42 2] EOD 10/20/97 (cc: all counsel) (mk) (Entered: 10/20/1997) 10/22/ REBUTTAL by pltf SW Williamson Cty to Federal and State [46 1] [47 1] defts' opposition to mtn to alter and amend jgm. (mk) (Entered: 10/22/1997) 12/09/ NOTICE OF APPEAL by pltf from Dist. Court decision [49 1] (mg) (Entered: 12/10/1997) 12/09/ RECEIVED filing fee and forwarded to 6th CCA, rcpt #60989 (mg) (Entered: 12/11/1997) 12/12/1997 SR Record on Appeal sent to 6th CCA re [51 1] (mg) (Entered: 12/12/1997) 12/17/1997 TRANSCRIPT Order Form for proceedings on 9/12/97 re [51 1] (mg) (Entered: 12/18/1997) 12/29/ TRANSCRIPT filed of hrg before Judge Campbell on 9/12/97 (mk) (Entered: 12/30/1997) 01/12/ NOTIFICATION by 6th CCA of Appellate Docket Number (mg) (Entered: 01/13/1998) 10/16/1998 CR Record on Appeal sent to 6th CCA re [51 1] (mg) (Entered: 10/16/1998) 10/28/1998 REMARK: Ack of CR filed at 6CCA 10/22/98 (mg) (Entered: 10/28/1998) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 4 of 9

5 04/29/ ORDER by Judge Todd J. Campbell Status conference set for 1:00 6/14/99 (cc: all counsel) EOD 4/29/99 (mg) (Entered: 04/29/1999) 04/30/ INFORMATION COPY from 6th CCA: We affirm the district court's decision to dismiss all claims against the state deft, and to dismiss the first two NEPA claims against the federal defts on statute of limitations grounds. We VACATE the district court's dismissal of NEPA claim regarding the third EA and of the ISTEA claim, and REMAND both claims to the distict court for further proceedings consistent with this opinion. (mg) (Entered: 05/04/1999) 04/30/ JUDGMENT by 6CCA: Dismissal of the NEPA claim regarding the third Environmental Assessment and the dismissal of the ISTEA claim are VACATED, and the claims are REMANDED for further proceedings consistent with the opinion of this court. (mg) (Entered: 05/04/1999) 05/14/ ORDER by Judge Todd J. Campbell: The Court is in receipt of a letter from Michael W. Catalano, counsel for Deft, dated 5/12/99. The Clerk is directed to file the letter as part of the record, and to furnish counsel of record with a copy of the letter and this Order. All counsel who have entered an appearance shall comply with the Order (DE#55) entered 5/29/99 (cc: all counsel) EOD 5/17/99 (mg) (Entered: 05/17/1999) 05/14/ LETTER from Michael W. Catalano, Associate Solicitor General in re deft John Bruce Saltsman Sr. (mg) (Entered: 05/17/1999) 06/01/ STATEMENT of state defts pursuant to order of 4/29/99 (w/attachments) (gi) (Entered: 07/06/1999) 06/03/ ORDER by Judge Todd J. Campbell Status conference reset for 3:00 7/9/99 (cc: all counsel) EOD 6/3/99 (mg) (Entered: 06/03/1999) 06/28/ MANDATE from 6th CCA vacating and remanding the matter back to District Court [Appeal [56 1] pursuant to the courts info order filed 4/28/99 (mg) (Entered: 06/29/1999) 06/30/1999 RECORD on appeal returned from 6th CCA re appeal [51 1] (mg) (Entered: 07/01/1999) 07/02/ Statement of Issues and proposed scheduling order by pltf (lah) Modified on 07/06/1999 (Entered: 07/02/1999) 07/06/ RESPONSE by defts Rodney E. Slater, Jane F. Garvey and James Scapellato to remand from the 6th Circuit Court of Appeals[61 1] (lah) (Entered: 07/07/1999) 07/09/ MOTION by pltf for attorney Richard A. Parrish to appear pro hac vice (w/attached proposed order) (lah) (Entered: 07/09/1999) 07/09/ CERTIFICATE of Good Standing for Richard A. Parrish, USDC for WD/VA filed by pltf (lah) (Entered: 07/09/1999) 07/09/ CLERK'S RESUME Status conference held 7/9/99 ; amended complaint to be filed by 7/23/99; deft to file admin record by 7/23/99; deft's motion for preliminary injunction is to be filed by 8/6/99; status conference set for 7/30/99 at 3:00; hearing for motion for preliminary injunction set for 8/30/99 at 9:00. C/R : John Tummel (lah) (Entered: 07/12/1999) 07/09/ ORDER by Judge Todd J. Campbell: Pltf shall file an amended complaint by 7/23/99; current federal defts shall produce and file all documents in their possession by 7/23/99; Status conference set for 3:00 7/30/99 ; pltf shall file a motion for preliminary injunction by 8/6/99 and deft to file response to motion by 8/20/99; motion for preliminary injunction hearing set for 9:00 8/30/99 (cc: all counsel) EOD 7/12/99 (lah) Modified on 08/04/1999 (Entered: 07/12/1999) 07/12/ ORDER by Judge Todd J. Campbell granting motion for attorney Richard A. Parrish to appear pro hac vice [65 1] for pltf (cc: all counsel) EOD 7/12/99 (lah) (Entered: 07/12/1999) 07/22/ MOTION by deft Rodney E. Slater to extend time to file documents until 7/27/99 (bj) (Entered: 07/23/1999) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 5 of 9

6 07/23/ ORDER by Judge Todd J. Campbell granting motion to extend time to file documents until 7/27/99 [70 1] (cc: all counsel) EOD 7/23/99 (lah) (Entered: 07/23/1999) 07/23/ LETTER from pltf to Judge Campbell (lah) (Entered: 07/23/1999) 07/23/ MOTION by pltf for order for State Defendant to file its administrative record (lah) (Entered: 07/23/1999) 07/23/ AMENDED COMPLAINT [1 1] by pltf (w/attached exhibits A P) (lah) (Entered: 07/23/1999) 07/26/ ORDER by Judge Todd J. Campbell: Pending before the Court is pltf's motion for order for State Defendant to file its administrative record [73 1]. Deft shall respond to the motion by 7/29/99. (cc: all counsel) EOD 7/26/99 (lah) (Entered: 07/26/1999) 07/26/ FEDERAL DEFENDANT'S DOCUMENTS (w/attached index to pleading) (filed w/ 2 black indexed binders of documents) (lah) (Entered: 07/26/1999) 07/29/ RESPONSE by State deft to motion for State Defendant to file its administrative record (lah) (Entered: 07/30/1999) 07/30/ CLERK'S RESUME Status conference held 7/30/99 ; deadlines established by the court of mtns/replies to be filed. Order to enter. C/R : John Tummel (lah) (Entered: 08/02/1999) 07/30/ ORDER by Judge Todd J. Campbell: The pltf's motion for State Defendant to file its administrative record [73 1] is denied as moot; pltf will file any motions to compel as to the Federal Defts by 8/6/99; defts shal file their answers to amended complaint by 8/10/99; dispositive motion filing deadline 8/10/99 ; pltf shall file any reply in support of motion for preliminary injunction by 8/26/99; parties shall file by 8/24/99 the following: witness lists, exhibits lists and stipulations relating to preliminary injunction hearing set for 8/30/99; motions in limine shall be filed by 8/26/99. (cc: all counsel) EOD 8/2/99 (lah) Modified on 08/04/1999 (Entered: 08/02/1999) 08/06/ MOTION by pltf for extension of time until 8/9/99 to file mtn for preliminary injunction and memorandum of law (gi) (Entered: 08/06/1999) 08/06/ ORDER by Judge Todd J. Campbell: granting motion for extension of time until 8/9/99 to file mtn for preliminary injunction [80 1]. (cc: all counsel) EOD 8/6/99 (bj) (Entered: 08/06/1999) 08/09/ MEMORANDUM by pltf in support of pltf's motion for preliminary injunction (mtn not filed) (w/attached exhibits 1 8 and final report for State Route 840) (lah) (Entered: 08/09/1999) 08/09/ MOTION by pltf for preliminary injunction (lah) (Entered: 08/09/1999) 08/10/ MOTION by Federal defts to dismiss amended complaint (lah) (Entered: 08/10/1999) 08/10/ MEMORANDUM by Federal defts in support of motion to dismiss amended complaint [84 1] (w/attached exhibit 1) (lah) (Entered: 08/10/1999) 08/10/ MOTION by State deft for summary judgment (lah) (Entered: 08/10/1999) 08/10/ BRIEF by State deft in support of motion for summary judgment [86 1] (lah) (Entered: 08/10/1999) 08/10/ AFFIDAVIT of Charles C. Sullivan, II re [86 1] (w/attached certified copies of pleadings from J.) (lah) (Entered: 08/10/1999) 08/20/ MEMORANDUM IN RESPONSE by pltf to motion to dismiss amended complaint [84 1] (lah) (Entered: 08/20/1999) 08/20/ RESPONSE by Federal defts to motion for preliminary injunction [83 1] (lah) (Entered: 08/20/1999) 08/24/ WITNESS list submitted by pltf. (bj) (Entered: 08/25/1999) 08/24/ EXHIBIT list by pltf. (bj) (Entered: 08/25/1999) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 6 of 9

7 08/24/ Pltf's Proposed Stipulations of Fact. (bj) (Entered: 08/25/1999) 08/25/ NOTICE by State Deft of filing copy of petition for judicial review of final agency order in Southwest Williamson County Community Association, et al. v. J. Bruce Saltsman, Sr., Davidson County Chancery Court No I; w/attachment (tlc) (Entered: 08/25/1999) 08/25/ STATEMENT of no disputed material facts by State deft Saltsman Sr. in support of motion for summary jgm on grounds of abstention as to count 3 of the amened complaint [86 1] (tlc) (Entered: 08/25/1999) 08/25/ RESPONSE by State Deft to pltfs' motion for preliminary injunction as to count 3 of the amended complaint [83 1] (tlc) (Entered: 08/25/1999) 08/26/ REPLY by pltf to federal deft's memorandum in opposition to pltf's motion for preliminary injunction [83 1] (w/attached exhibits 1 3) (lah) (Entered: 08/27/1999) 08/26/ DEPOSITION of Wright B. Aldridge, Jr. taken on the following date(s): 8/19/99 (w/attached exhibits A H) (lah) (Entered: 08/27/1999) 08/26/ AFFIDAVIT of Anne Collie re [97 1] (w/attachments) (lah) (Entered: 08/27/1999) 08/27/ MOTION by pltf to strike state deft's response in opposition to pltf's motion for preliminary injunction (lah) (Entered: 08/27/1999) 08/27/ RESPONSE IN OPPOSITION by pltf to state deft's motion for summary judgment [86 1] (w/attached exhibit 1) (lah) (Entered: 08/27/1999) 08/27/ RESPONSE by pltf to state deft's statment of material facts [95 1] (lah) (Entered: 08/27/1999) 08/27/ STATEMENT of genuine issues of material facts by pltf (contained within pltf's response to state deft's stmt of material facts) (lah) (Entered: 08/27/1999) 08/27/ NOTICE by federal defts of filing supplemental affidavit of John S. Humeston in support of motion to dismiss amended complaint. (lah) (Entered: 08/27/1999) 08/27/ AFFIDAVIT of John s. Humeston re [84 1] (w/attachment) (lah) Modified on 08/27/1999 (Entered: 08/27/1999) 08/30/ CLERK'S RESUME Preliminary Injunction and motion hearing held 8/30/99 ; Oral argument heard. Pending matters taken under advisement. Witness/exhibit list attached. C/R : John Tummel (lah) (Entered: 08/31/1999) 09/10/ MEMORANDUM OF THE COURT (cc: all counsel) EOD 9/10/99 (gi) (Entered: 09/10/1999) 09/10/ ORDER by Judge Todd J. Campbell denying motions for preliminary injunction [83 1] and to strike [100 1] for reasons set forth in the accompanying memorandum. EOD 9/10/99 (cc: all counsel) (gi) (Entered: 09/10/1999) 09/29/ MOTION by pltf to certify Court's Order of 9/10/99 for interlocutory appeal to 6CCA (lah) (Entered: 09/30/1999) 10/01/ ORDER by Judge Todd J. Campbell granting motion to certify Court's Order of 9/10/99 for interlocutory appeal to 6CCA [108 1]. The motion for summary judgment [86 1] and motion to dismiss amended complaint [84 1] are denied without prejudice to them being renewed, if necessary, after conclusion of pltf's interlocutory appeal. The case is stayed pending appeal and further order of this Court. CASE STAYED (cc: all counsel) EOD 10/1/99 (lah) (Entered: 10/01/1999) 10/12/ NOTICE OF APPEAL by pltf from Dist. Court decision [107 1] (styled Petition for permission to appeal) (mg) Modified on 01/04/2000 (Entered: 01/04/2000) 10/12/ EXHIBITS to petition of pltf for permission to appeal (petition docketed as notice of appeal pursuant to 6CCA order below) (mg) Modified on 01/10/2000 (Entered: 01/04/2000) 11/18/1999 TRANSCRIPT Order Form for dates: 8/30/99; all argument by legal counsel and testimony of Gene Cotton. (lah) Modified on 11/19/1999 (Entered: 11/19/1999) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 7 of 9

8 12/06/ TRANSCRIPT of Hearing before Judge Campbell on 8/30/99 filed. OCR: John Tummel (lah) (Entered: 12/07/1999) 01/03/ ORDER from 6th CCA: The petition for permission to appeal is DENIED. The clerk is directed to note on the present petition the date of its receipt by this court and transmit it to the district court clerk to be filed therein as a notice of appeal effective as of the above noted receipt date. (mg) (Entered: 01/04/2000) 01/10/2000 SR Record on Appeal sent to 6th CCA re [111 1] (mg) (Entered: 01/10/2000) 01/27/2000 REMARK: Copy of motion to expedite filed with 6C sent to USDC. (mg) (Entered: 01/31/2000) 01/31/ NOTIFICATION by 6th CCA of Appellate Docket Number (mg) (Entered: 02/02/2000) 02/08/ RECEIVED filing fee and forwarded to 6th CCA, rcpt # (mg) (Entered: 02/08/2000) 02/25/ MOTION by pltf for order to retain record pending appeal (lah) (Entered: 03/01/2000) 03/06/ ORDER by Judge Todd J. Campbell granting motion for order to retain record pending appeal [116 1] (cc: all counsel) EOD 3/6/00 (bbj) (Entered: 03/06/2000) 04/18/ MOTION by pltf to take judicial ntc of documents (w/attachments) (gi) (Entered: 04/20/2000) 04/18/ MEMORANDUM by pltf in support of motion to take judicial ntc of documents [118 1] (gi) (Entered: 04/20/2000) 05/16/ ORDER by Judge Todd J. Campbell granting motion to take judicial ntc of documents [118 1] and the documents attached to pltf's motion will be made a part of the record herein. EOD 5/16/00 (cc: all counsel) (mg) (Entered: 05/16/2000) 07/18/ LETTER from pltf's atty Joe McCaleb: Briefing completed, case may be sent to 6CCA. (mg) (Entered: 07/18/2000) 12/04/ MOTION by atty Joe W. McCaleb to withdraw as pltf's attorney (mg) (Entered: 12/05/2000) 12/04/ AFFIDAVIT of Joe W. McCaleb re [122 1] (mg) (Entered: 12/05/2000) 12/14/ ORDER by Judge Todd J. Campbell granting motion to withdraw as pltf's attorney [122 1] attorney Joe Wallace McCaleb for SW Williamson Cty. Richard A. Parrish remains counsel of record. EOD 12/15/00 (cc: all counsel) (dlt) (Entered: 12/15/2000) 03/14/ ORDER by Judge Todd J. Campbell: Status conference set for 2:00 p.m. on 4/27/01. EOD 3/15/01 (cc: all counsel) (dlt) (Entered: 03/15/2001) 03/19/ INFORMATION COPY from 6th CCA AFFIRMING the district court's denial of the motion for a preliminary injunction. We observe however, that only the motion for a preliminary injunction was before the district court. The disposition of this case does not dispose of the Association's other claims for a declaratory judgment and a permanent injunction. Case remanded for further proceedings consistent with this opinion. (mg) Modified on 05/14/2001 (Entered: 03/21/2001) 03/19/ JUDGMENT by 6CCA: Denial of preliminary injunction affirmed; Remanded for further proceedihgs consistent with the opinion of this court. (mg) (Entered: 03/21/2001) 04/27/ CLERK'S RESUME: Status conference held on 4/27/01. The present status of this case was discussed. New ddls were set toward the progression of this case. Order to enter C/R : Jim Spence (dlt) (Entered: 04/30/2001) 04/27/ ORDER by Judge Todd J. Campbell: Status conference held on 4/27/01. Any mtns to amend the complaint shall be filed by 6/27/01. W/in 30 days after resolution of any mtns to amend the complaint, the parties shall serve any discovery. W/in 90 days after the discovery ddl, the parties shall file any dispositive mtns. EOD 4/30/01 (cc: all counsel) (dlt) (Entered: 04/30/2001) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 8 of 9

9 05/10/ MANDATE issued 5/7/01 from 6th CCA affirming the decision of the District Court [126 1] denying mtn for prelinj but remanding case to the district court for ruling on remaining claim. (mg) (Entered: 05/14/2001) 05/16/ ATTORNEY APPEARANCE for pltf SW Williamson Cty by John Langdon Norris. (dlt) (Entered: 05/17/2001) 05/21/ NOTICE from the U.S. Court of Appeals regarding copies of corrected pages from the decision originally sent to you 3/14/01. Please make corrections in your publication version as indicated on page 16, line 8 from the bottom; page 17, line 14. (w/ attachments) (dlt) (Entered: 05/22/2001) 06/27/ MOTION by pltf SW Williamson Cty for leave to file second amended complaint. (w/ att'd amended complaint) (dlt) (Entered: 06/27/2001) 06/27/ MEMORANDUM by pltf SW Williamson Cty in support of motion for leave to file second amended complaint [133 1]. (w/ att'd exhibits 1 2) (dlt) (Entered: 06/27/2001) 07/17/ RESPONSE by defts Rodney E. Slater, Jane F. Garvey, and James Scapellato to motion for leave to file second amended complaint [133 1]. (w/ attachment 1 and exhibit A & B) (dlt) (Entered: 07/18/2001) 07/17/ DECLARATION of Harold Joe Cathey by defts Rodney E. Slater, Jane F. Garvey, and James Scapellato re [135 1]. (dlt) (Entered: 07/18/2001) 07/30/ REQUEST by pltf SW Williamson Cty for leave to file reply to Federal defts' response to pltf's mtn for leave to file second amended complaint (w/att'd reply to Federal defts' response to mtn for leave) (vh) (Entered: 07/31/2001) 07/31/ ORDER by Judge Todd J. Campbell denying pltf's mtn for lv to file second amended complaint [133 1]. Proposed second amd cmp would add new claims against new parties. EOD 7/31/01 (cc: all counsel) (mk) (Entered: 07/31/2001) 08/01/ ORDER by Judge Todd J. Campbell granting motion for leave to file reply to Federal defts' response to pltf's mtn for leave to file second amended complaint [137 1]. Clerk is directed to file pltf's reply to Federal defts' response to pltf's mtn for leave to file second amended complaint. EOD 8/1/01 (cc: all counsel) (dlt) (Entered: 08/01/2001) 08/01/ REPLY by pltf SW Williamson Cty to response to mtn for leave to file second amended complaint [135 1]. (dlt) (Entered: 08/01/2001) 08/30/ RENEWED MOTION by deft John Bruce Saltsman Sr. for summary judgment (vh) (Entered: 08/31/2001) 09/12/ RENEWED MOTION by defts Rodney E. Slater, Jane F. Garvey, James Scapellato to dismiss. (dlt) (Entered: 09/13/2001) 09/21/ MOTION by pltf for an extension of time until 10/5/01 in which to respond to defts' dispositive motions or, in the alternative, for order of dismissal without prejudice (jb) (Entered: 09/24/2001) 09/27/ ORDER by Judge Todd J. Campbell: granting motion for order of dismissal without prejudice [143 2] and the mtn for an extension of time until 10/5/01 in which to respond to defts' dispositive motions [143 1] is moot. This case is dismissed w/o prejudice; terminating case. EOD 9/28/01 (cc: all counsel) (dlt) (Entered: 09/28/2001) Case: 3:97-cv-734 As of: 12/23/ :01 PM CST 9 of 9