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

U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:97 cv 00734 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: 00 05075 97 06526 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 38476 (615) 799 5706 Fax: (615) 799 5730 Email: mccalebjw@gmail.com TERMINATED: 12/14/2000 John Langdon Norris Norris & Norris, PLC 424 Church Street Suite 1300 Nashville, TN 37219 (615) 627 3959 Email: john@norrislaw.net Richard A. Parrish Southern Environmental Law Center 201 W Main Street Suite 14 Charlottesville, VA 22902 5065 (434) 977 4090 Fax: (434) 977 1483 Email: 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 37203 3870 (615) 736 5151 Email: michael.roden@usdoj.gov represented by Michael L. Roden (See above for address) Case: 3:97-cv-734 As of: 12/23/2018 03:01 PM CST 1 of 9

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 20207 Nashville, TN 37202 (615) 741 3491 Michael William Catalano Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202 (615) 741 3491 Defendant James Scapellato represented by Michael L. Roden (See above for address) Date Filed # Docket Text 07/14/1997 1 COMPLAINT with Exhibits A and B attached. (Summons(es) issued). Filing fee paid in the amount of $150.00. Receipt #58686 (ks) (Entered: 07/17/1997) 07/14/1997 2 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) 07/14/1997 3 RETURN OF SERVICE executed upon deft John Bruce Saltsman Sr. on 7/14/97by personal service. (mk) (Entered: 07/22/1997) 07/14/1997 4 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) 07/25/1997 5 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) 07/25/1997 6 MOTION by defts Rodney E. Slater, Jane F. Garvey, James Scapellato to dismiss. (mk) (Entered: 07/28/1997) 07/25/1997 7 MEMORANDUM by defts in support of mtn to dismiss [6 1] with attached Exhs. (mk) Modified on 07/28/1997 (Entered: 07/28/1997) 07/30/1997 8 RETURN OF SERVICE executed upon deft Jane F. Garvey on 7/22/97 by certified mail. (mk) (Entered: 07/30/1997) 07/30/1997 9 RETURN OF SERVICE executed upon deft Rodney E. Slater on 7/21/97 by certified mail. (mk) (Entered: 07/30/1997) 07/30/1997 10 RETURN OF SERVICE executed upon deft James Scapellato on 7/16/97 by certified mail. (mk) (Entered: 07/30/1997) 07/30/1997 11 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) 08/04/1997 12 MOTION by deft John Bruce Saltsman Sr. to dismiss. (mk) (Entered: 08/05/1997) 08/04/1997 13 AFFIDAVIT of William C. Wallace re [12 1]. (mk) (Entered: 08/05/1997) 08/04/1997 14 MEMORANDUM by deft John Bruce Saltsman Sr. in support of mtn to dismiss. [12 1] (mk) (Entered: 08/05/1997) 08/06/1997 15 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: 12/23/2018 03:01 PM CST 2 of 9

08/07/1997 16 MOTION by pltf SW Williamson Cty for preliminary injunction (mk) (Entered: 08/07/1997) 08/07/1997 17 MEMORANDUM by pltf SW Williamson Cty in support of mtn for preliminary injunction [16 1] (mk) (Entered: 08/07/1997) 08/07/1997 18 JOINT AFFIDAVIT of Patrick Rakes and J.R. Shute re [16 1] (mk) (Entered: 08/07/1997) 08/07/1997 19 AFFIDAVIT of Robert Fry re [16 1]. (mk) (Entered: 08/07/1997) 08/07/1997 20 AFFIDAVIT of Cindy A. Garvey re [16 1]. (mk) (Entered: 08/07/1997) 08/07/1997 21 AFFIDAVIT of Robin Lockwood re [16 1] with attachments (mk) (Entered: 08/07/1997) 08/07/1997 22 JOINT AFFIDAVIT of Paul and wife Margaret Sloan re [16 1] (mk) (Entered: 08/07/1997) 08/07/1997 23 APPENDIX filed by pltf SW Williamson Cty re [16 1] with Exhs 1 14. (mk) (Entered: 08/07/1997) 08/13/1997 24 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) 08/13/1997 25 AFFIDAVIT of William Bradley Caldwell re [16 1] with attached Exhs A F. (mk) (Entered: 08/13/1997) 08/13/1997 26 MOTION by deft John Bruce Saltsman Sr. for status conference. (mk) (Entered: 08/14/1997) 08/13/1997 27 MEMORANDUM by deft John Bruce Saltsman Sr. in support of mtn for status conference. [26 1] (mk) (Entered: 08/14/1997) 08/14/1997 28 REBUTTAL by Federal defts to pltf's mtn for preliminary injunction [16 1] with attachments. (mk) (Entered: 08/15/1997) 08/18/1997 29 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) 08/22/1997 30 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) 08/29/1997 31 CLERK'S RESUME of Status conference held 8/29/97. Order to enter. C/R: Charlotte Barr (mk) (Entered: 09/02/1997) 08/29/1997 32 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) 09/05/1997 33 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) 09/05/1997 34 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) 09/05/1997 35 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: 12/23/2018 03:01 PM CST 3 of 9

09/05/1997 35 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) 09/05/1997 36 AFFIDAVIT of William L. Moore, Jr. re [35 1], re [35 1] (mk) (Entered: 09/05/1997) 09/05/1997 37 AFFIDAVIT of James E. Jeffers, Jr. re [35 1] (mk) (Entered: 09/05/1997) 09/05/1997 38 AFFIDAVIT of Terry Van Nuck re [35 1] (mk) (Entered: 09/05/1997) 09/11/1997 39 AFFIDAVIT of Frederick M. Miller re [35 1] (seal) (Entered: 09/11/1997) 09/15/1997 40 MEMORANDUM OF THE COURT EOD 9/15/97 (cc: all counsel) (mk) (Entered: 09/15/1997) 09/15/1997 41 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) 09/25/1997 42 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) 09/25/1997 43 AFFIDAVIT of William B. Caldwell re [42 1], re [42 2] (dm) (Entered: 09/26/1997) 09/26/1997 44 SUPPLEMENTAL attachment by pltf SW Williamson Cty re [42 1], re [42 2] of original afdt of Sharon Caldwell (dm) (Entered: 09/26/1997) 09/26/1997 45 AFFIDAVIT of Sharon M. Caldwell re [42 1], re [42 2] (dm) (Entered: 09/26/1997) 10/07/1997 46 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) 10/10/1997 47 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) 10/10/1997 48 AFFIDAVIT of Charles E. Bush re [47 1] with attached Appendix 1 8 (mk) (Entered: 10/14/1997) 10/20/1997 49 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) 10/22/1997 50 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) 12/09/1997 51 NOTICE OF APPEAL by pltf from Dist. Court decision [49 1] (mg) (Entered: 12/10/1997) 12/09/1997 52 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) 12/29/1997 53 TRANSCRIPT filed of hrg before Judge Campbell on 9/12/97 (mk) (Entered: 12/30/1997) 01/12/1998 54 NOTIFICATION by 6th CCA of Appellate Docket Number 97 6526 (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: 12/23/2018 03:01 PM CST 4 of 9

04/29/1999 55 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) 04/30/1999 56 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) 04/30/1999 57 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) 05/14/1999 58 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) 05/14/1999 59 LETTER from Michael W. Catalano, Associate Solicitor General in re deft John Bruce Saltsman Sr. (mg) (Entered: 05/17/1999) 06/01/1999 62 STATEMENT of state defts pursuant to order of 4/29/99 (w/attachments) (gi) (Entered: 07/06/1999) 06/03/1999 60 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) 06/28/1999 61 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) 07/02/1999 63 Statement of Issues and proposed scheduling order by pltf (lah) Modified on 07/06/1999 (Entered: 07/02/1999) 07/06/1999 64 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) 07/09/1999 65 MOTION by pltf for attorney Richard A. Parrish to appear pro hac vice (w/attached proposed order) (lah) (Entered: 07/09/1999) 07/09/1999 66 CERTIFICATE of Good Standing for Richard A. Parrish, USDC for WD/VA filed by pltf (lah) (Entered: 07/09/1999) 07/09/1999 67 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) 07/09/1999 68 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) 07/12/1999 69 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) 07/22/1999 70 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: 12/23/2018 03:01 PM CST 5 of 9

07/23/1999 71 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) 07/23/1999 72 LETTER from pltf to Judge Campbell (lah) (Entered: 07/23/1999) 07/23/1999 73 MOTION by pltf for order for State Defendant to file its administrative record (lah) (Entered: 07/23/1999) 07/23/1999 74 AMENDED COMPLAINT [1 1] by pltf (w/attached exhibits A P) (lah) (Entered: 07/23/1999) 07/26/1999 75 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) 07/26/1999 76 FEDERAL DEFENDANT'S DOCUMENTS (w/attached index to pleading) (filed w/ 2 black indexed binders of documents) (lah) (Entered: 07/26/1999) 07/29/1999 77 RESPONSE by State deft to motion for State Defendant to file its administrative record (lah) (Entered: 07/30/1999) 07/30/1999 78 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) 07/30/1999 79 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) 08/06/1999 80 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) 08/06/1999 81 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) 08/09/1999 82 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) 08/09/1999 83 MOTION by pltf for preliminary injunction (lah) (Entered: 08/09/1999) 08/10/1999 84 MOTION by Federal defts to dismiss amended complaint (lah) (Entered: 08/10/1999) 08/10/1999 85 MEMORANDUM by Federal defts in support of motion to dismiss amended complaint [84 1] (w/attached exhibit 1) (lah) (Entered: 08/10/1999) 08/10/1999 86 MOTION by State deft for summary judgment (lah) (Entered: 08/10/1999) 08/10/1999 87 BRIEF by State deft in support of motion for summary judgment [86 1] (lah) (Entered: 08/10/1999) 08/10/1999 88 AFFIDAVIT of Charles C. Sullivan, II re [86 1] (w/attached certified copies of pleadings from 22.00003268J.) (lah) (Entered: 08/10/1999) 08/20/1999 89 MEMORANDUM IN RESPONSE by pltf to motion to dismiss amended complaint [84 1] (lah) (Entered: 08/20/1999) 08/20/1999 90 RESPONSE by Federal defts to motion for preliminary injunction [83 1] (lah) (Entered: 08/20/1999) 08/24/1999 91 WITNESS list submitted by pltf. (bj) (Entered: 08/25/1999) 08/24/1999 92 EXHIBIT list by pltf. (bj) (Entered: 08/25/1999) Case: 3:97-cv-734 As of: 12/23/2018 03:01 PM CST 6 of 9

08/24/1999 93 Pltf's Proposed Stipulations of Fact. (bj) (Entered: 08/25/1999) 08/25/1999 94 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. 99 2368 I; w/attachment (tlc) (Entered: 08/25/1999) 08/25/1999 95 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) 08/25/1999 96 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) 08/26/1999 97 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) 08/26/1999 98 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) 08/26/1999 99 AFFIDAVIT of Anne Collie re [97 1] (w/attachments) (lah) (Entered: 08/27/1999) 08/27/1999 100 MOTION by pltf to strike state deft's response in opposition to pltf's motion for preliminary injunction (lah) (Entered: 08/27/1999) 08/27/1999 101 RESPONSE IN OPPOSITION by pltf to state deft's motion for summary judgment [86 1] (w/attached exhibit 1) (lah) (Entered: 08/27/1999) 08/27/1999 102 RESPONSE by pltf to state deft's statment of material facts [95 1] (lah) (Entered: 08/27/1999) 08/27/1999 102 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) 08/27/1999 103 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) 08/27/1999 104 AFFIDAVIT of John s. Humeston re [84 1] (w/attachment) (lah) Modified on 08/27/1999 (Entered: 08/27/1999) 08/30/1999 105 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) 09/10/1999 106 MEMORANDUM OF THE COURT (cc: all counsel) EOD 9/10/99 (gi) (Entered: 09/10/1999) 09/10/1999 107 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) 09/29/1999 108 MOTION by pltf to certify Court's Order of 9/10/99 for interlocutory appeal to 6CCA (lah) (Entered: 09/30/1999) 10/01/1999 109 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) 10/12/1999 111 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) 10/12/1999 112 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: 12/23/2018 03:01 PM CST 7 of 9

12/06/1999 110 TRANSCRIPT of Hearing before Judge Campbell on 8/30/99 filed. OCR: John Tummel (lah) (Entered: 12/07/1999) 01/03/2000 113 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) 01/31/2000 114 NOTIFICATION by 6th CCA of Appellate Docket Number 00 5075 (mg) (Entered: 02/02/2000) 02/08/2000 115 RECEIVED filing fee and forwarded to 6th CCA, rcpt #72605. (mg) (Entered: 02/08/2000) 02/25/2000 116 MOTION by pltf for order to retain record pending appeal (lah) (Entered: 03/01/2000) 03/06/2000 117 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) 04/18/2000 118 MOTION by pltf to take judicial ntc of documents (w/attachments) (gi) (Entered: 04/20/2000) 04/18/2000 119 MEMORANDUM by pltf in support of motion to take judicial ntc of documents [118 1] (gi) (Entered: 04/20/2000) 05/16/2000 120 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) 07/18/2000 121 LETTER from pltf's atty Joe McCaleb: Briefing completed, case may be sent to 6CCA. (mg) (Entered: 07/18/2000) 12/04/2000 122 MOTION by atty Joe W. McCaleb to withdraw as pltf's attorney (mg) (Entered: 12/05/2000) 12/04/2000 123 AFFIDAVIT of Joe W. McCaleb re [122 1] (mg) (Entered: 12/05/2000) 12/14/2000 124 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) 03/14/2001 125 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) 03/19/2001 126 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) 03/19/2001 127 JUDGMENT by 6CCA: Denial of preliminary injunction affirmed; Remanded for further proceedihgs consistent with the opinion of this court. (mg) (Entered: 03/21/2001) 04/27/2001 128 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) 04/27/2001 129 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: 12/23/2018 03:01 PM CST 8 of 9

05/10/2001 130 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) 05/16/2001 131 ATTORNEY APPEARANCE for pltf SW Williamson Cty by John Langdon Norris. (dlt) (Entered: 05/17/2001) 05/21/2001 132 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) 06/27/2001 133 MOTION by pltf SW Williamson Cty for leave to file second amended complaint. (w/ att'd amended complaint) (dlt) (Entered: 06/27/2001) 06/27/2001 134 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) 07/17/2001 135 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) 07/17/2001 136 DECLARATION of Harold Joe Cathey by defts Rodney E. Slater, Jane F. Garvey, and James Scapellato re [135 1]. (dlt) (Entered: 07/18/2001) 07/30/2001 137 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) 07/31/2001 138 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) 08/01/2001 139 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) 08/01/2001 140 REPLY by pltf SW Williamson Cty to response to mtn for leave to file second amended complaint [135 1]. (dlt) (Entered: 08/01/2001) 08/30/2001 141 RENEWED MOTION by deft John Bruce Saltsman Sr. for summary judgment (vh) (Entered: 08/31/2001) 09/12/2001 142 RENEWED MOTION by defts Rodney E. Slater, Jane F. Garvey, James Scapellato to dismiss. (dlt) (Entered: 09/13/2001) 09/21/2001 143 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) 09/27/2001 144 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: 12/23/2018 03:01 PM CST 9 of 9