Petition for Writ of Certiorari — In Re Sean Murphy, et al., Petitioners

APPENDIX TABLE OF CONTENTS

OPINIONS AND ORDERS

Order, U.S. Court of Appeals for the

Sixth Circuit (December 20, 2024)..................... 1a

Order, U.S. District Court for the

Eastern Division of Tennessee, Knoxville

(June 26, 2024) ................................................... 6a

Clerk “Ruling Letter” from a Case Manager

(August 23, 2024) ............................................. 13a

CASE DOCUMENTS

Petitioners’ Email to Anne Brown

(January 14, 2025)............................................ 15a

Omnibus Motion to Void Clerk’s Joint “Order”,

U.S. Court of Appeals for the Sixth Circuit

(January 13, 2025)............................................ 16a

Plaintiffs’ Fed. R. Civ. P. 59 Motion to Alter,

Amend or Set Aside the Judgment of the

Court (May 13, 2024)........................................ 24a

DOCKET REPORTS

Docket, U.S. District Court for the

Eastern Division of Tennessee, Knoxville

(November 8, 2023) .......................................... 26a

Docket, U.S. Court of Appeals for the

Sixth Circuit (July 31, 2024) ........................... 59a

App.1a

ORDER, U.S. COURT OF APPEALS

FOR THE SIXTH CIRCUIT

(DECEMBER 20, 2024)

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

________________________

IN RE: SEAN MURPHY, on behalf of V.M.,

A.M., E.M., A.M., ET AL. [24-5646],

Petitioners.

________________________

SEAN MURPHY, on behalf of V.M.,

A.M., E.M., A.M., ET AL. [24-5678],

Plaintiffs-Appellants,

v.

FARRAGUT, TN, ET AL.,

Defendants-Appellees.

________________________

Nos. 24-5646/5678

Before: BATCHELDER, COLE, and BUSH,

Circuit Judges.

ORDER

In No. 24-5646, Plaintiffs Sean Murphy and his

wife Denise Pagels, on behalf of themselves and their

four minor children, V.M., A.M., E.M., and A.M.,

App.2a

petition for a writ of mandamus directing the district

court to recuse itself from the underlying suit alleging

that various municipal and corporate Defendants

conspired to unlawfully obtain millions of dollars in

federal funding and then retaliated when Murphy

blew the whistle. They also move to supplement their

petition, and to stay related state court proceedings

pending a ruling on their petition.

‘“[M]andamus is the proper remedy to vacate the

orders of a judge who acted when he should have

recused.”’ In re Aetna Cas. & Sur. Co., 919 F.2d 1136,

1142 (6th Cir. 1990) (quoting Moody v. Simmons, 858

F.2d 137, 143 (3d Cir. 1988)). But mandamus “is a

‘drastic and extraordinary’ remedy ‘reserved for really

extraordinary causes.’” Cheney v. U.S. Dist. Ct. for D.C.,

542 U.S. 367, 380 (2004) (quoting Ex parte Fahey, 332

U.S. 258, 259-60 (1947)). “As the writ is one of the most

potent weapons in the judicial arsenal, three conditions must be satisfied before it may issue”: the petitioners “must have no other adequate means to attain

the relief [they] desire[]”; they must show that the

“right to issuance of the writ is clear and

indisputable”; and this court “must be satisfied that

the writ is appropriate under the circumstances.” Id.

at 380-81 (cleaned up).

Plaintiffs fail to show that they are clearly and

indisputably entitled to the writ or that mandamus

relief is appropriate under the circumstances. Recusal

or disqualification is required when a judge’s “impartiality might reasonably be questioned,” when the judge

“has a personal bias or prejudice concerning a party,

or personal knowledge of disputed evidentiary facts

concerning the proceeding,” or when the judge previously

App.3a

practiced law with one of the attorneys in the case

while the case was ongoing. 28 U.S.C. § 455(a)—(b).

Despite the volume and breadth of their allegations, Plaintiffs’ disqualification argument boils down

to alleged bias in the administration of their case and

the district judge’s past professional relationships. The

first is plainly insufficient; recusal and disqualification

must be based on extra judicial conduct. Youn v. Track,

Inc., 324 F.3d 409, 423 (6th Cir. 2003). Nor do Plaintiffs

demonstrate that the judge has improper knowledge

or personal bias because he formerly worked for a past

Chattanooga mayor (who has not held that office for

years and is not a defendant in this case); worked for

a law firm involved in local development projects; or

went to law school with one of the defense attorneys.

Such professional acquaintances are common, and at

best, Plaintiffs rely on attenuated inferential chains

with no direct link to their alleged injuries—this is not

enough to reasonably question the district judge’s

personal knowledge or impartiality.

In No. 24-5678, Plaintiffs appeal the district court’s

dismissal of their suit. Defendants move to dismiss

the appeal as untimely. Plaintiffs were granted an

extension of time to respond, but they have not done

so. On the day their response was due, however, they

filed a motion to appoint a special master and for

another extension of time to respond. Plaintiffs have

also filed a motion to vacate the Clerk’s ruling letter

denying their motion to stay briefing as moot because

briefing was already being held in abeyance.

In civil cases, a timely notice of appeal is a jurisdictional prerequisite; we must dismiss untimely civil

appeals. Hamer v. Neighborhood Hous. Servs. of Chi.,

583 U.S. 17, 19 (2017). In general, an appellant has

App.4a

thirty days to file a notice of appeal in a civil suit. Fed.

R. App. P. 4(a)(1)(A); 28 U.S.C. § 2107(a). When a

party files a motion under Federal Rule of Civil Procedure 59 to alter or amend the judgment, the thirtyday deadline begins when the district court disposes

of that motion. Fed. R. App. P. 4(a)(4)(A)(iv). But this

tolling only occurs when the Rule 59 motion is itself

timely, Fed. R. App. P. 4(1)(4)(A), and Rule 59 motions

must be filed no later than twenty-eight days after the

judgment is entered, Fed. R. Civ. P. 59(e).

At the same time, “[a] party who files a Rule 59(e)

motion must comply with the motions filing requirements set forth in [Federal Rule of Civil Procedure]

7(b),” Intera Corp. v. Henderson, 428 F.3d 605, 611 (6th

Cir. 2005), which requires that motions “state with

particularity the grounds for seeking [relief],” Fed. R.

Civ. P. 7(b)(1)(B). When the movant does not state the

grounds for the motion as required by Rule 7(b), and

fails to correct that deficiency within the time frame

provided by Rule 59(e), the “motion is ‘inadequate,’

and consequently, does not toll the period for filing a

timely appeal.” Intera Corp., 428 F.3d at 611.

We construe the particularity requirement

liberally, see id., but where, as here, a motion offers no

substantive basis for relief or citation to authority, we

routinely find the motion deficient, see, e.g., Metyk v.

KeyCorp, 560 F. App’x 540, 543 (6th Cir. 2014); see

also In re Kelvin Publ’g, Inc., 72 F.3d 129, 1995 WL

734481, at *6 (6th Cir. Dec. 11, 1995) (per curiam)

(“[U]nder Fed. R. Civ. P. 7(b) a motion must be particular enough that the opposing party can comprehend

the basis for it and respond appropriately.”). Because

Plaintiffs’ Rule 59 motion failed to state the grounds

for relief as required by Rule 7(b), it did not toll the

App.5a

deadline to appeal under Rule 4(a)(4)(A)(iv). As a

result, their notice of appeal was not timely and the

appeal must be dismissed. Hamer, 583 U.S. at 19.

Dismissal renders Plaintiffs’ other motions moot.

Accordingly, in No. 24-5646, the December 17,

2024, motion to supplement is DENIED, the remaining

motions to supplement are GRANTED, and the petition

for a writ of mandamus is DENIED. In No. 24-5678, the

motions to dismiss are GRANTED and the remaining

motions are DENIED AS MOOT.

ENTERED BY ORDER OF THE COURT

/s/ Kelly L. Stephens

Clerk

App.6a

ORDER, U.S. DISTRICT COURT

FOR THE EASTERN DIVISION OF

TENNESSEE, KNOXVILLE

(JUNE 26, 2024)

UNITED STATES DISTRICT COURT EASTERN

DISTRICT OF TENNESSEE AT KNOXVILLE

________________________

SEAN MURPHY, ET AL.,

Plaintiffs,

v.

TOWN OF FARRAGUT, ET AL.,

Defendants.

________________________

Case No. 3:23-cv-402

Before: Travis R. MCDONOUGH, Judge,

Jill E. McCOOK, Magistrate Judge.

ORDER

Before the Court are the following motions: (1)

Defendant Joe Fielden and JA Fielden, Inc’s (the

“Fielden Defendants”) motion for attorney fees (Doc.

83); (2) Plaintiffs’ motion to take deposition of certain

parties related to the Fielden Defendants’ attorneyfees motion (Doc. 84); (3) Plaintiffs’ motion to alter

judgment (Doc. 85); (4) Plaintiffs’ motion for leave to

file excess pages (Doc. 87); (5) the Fielden Defendants’

motion to strike Plaintiffs’ motion to take deposition

App.7a

(Doc. 94); (6) Plaintiffs’ motion for recusal (Doc. 104);

and (7) the Fielden Defendants’ motion to strike

Plaintiffs’ motion for recusal (Doc. 112). For the

reasons that follow, the Court will REFER the

Fielden Defendants’ motion for attorney fees (Doc. 83),

Plaintiffs’ motion to take depositions (Doc. 84), and

the Fielden Defendants’ motion to strike Plaintiffs’

motion to take depositions (Doc. 94) to United States

Magistrate Judge Jill E. McCook. It will DENY Plaintiffs’ motion to alter judgment (Doc. 85) and DENY AS

MOOT Plaintiffs’ motion for leave to file excess pages

(Doc. 87). Finally, the Court will DENY Plaintiffs’ motion

to recuse (Doc. 104) and DENY AS MOOT the Fielden

Defendants’ motion to strike the recusal motion (Doc.

112).

I.

Motion to Alter Judgment (Doc. 85)

Plaintiffs first move to alter or amend the Court’s

judgment (Doc. 85). A motion to alter or amend judgment pursuant to Federal Rule of Civil Procedure 59(e)

must be filed no later than twenty-eight days after the

entry of judgment. A court may grant a Fed. R. Civ. P.

59(e) motion to alter or amend if there is: (1) a clear

error of law; (2) newly discovered evidence; (3) an

intervening change in controlling law; or (4) a need to

prevent manifest injustice. GenCorp. Inc. v. Am. Intl

Underwriters, 178 F.3d 804, 834 (6th Cir. 1999). As

with any motion, a motion to alter or amend judgment

must state with particularity the grounds upon which

it is made. Fed. R. Civ. P. 7(b)(1). In line with this

requirement, “[a]n empty motion cannot reserve time

to file an explanation after the [time period] allowed

by Rule 59.” Lac Du Flambeau Band of Lake Superior

Chippewa Indians v. State of Wis., 957 F.2d 515, 51617 (7th Cir. 1992); see Intera Corp. v. Henderson,

App.8a

428 F.3d 605, 613 (6th Cir. 2005) (noting that a plaintiff must do more than indicate she is seeking relief

for “several reasons” that would be explained in a latefiled memorandum to satisfy Rule 7(b)’s particularity

standard); see also E.D. Tenn. L.R. 7.1(a) (“the opening

brief and any accompanying affidavits or other supporting material shall be served and filed with the

motion”).

The Court will deny Plaintiffs’ motion to alter

judgment (Doc. 85). The judgment in this case was

entered on April 15, 2024, making May 13, 2024 the

twenty-eighth day on which a 59(e) motion was due.

(Doc. 82.) On May 13, 2024, Plaintiffs filed a two-page

motion seeking to alter or amend the judgment pursuant to Rule 59 (id. at 1). In that motion, the substance

of which totaled eighty words, Plaintiffs represented

that they would file an accompanying “memorandum

of Fact and Law filed hereafter” explaining why the

judgment “should be set aside in its entirety.” (Id.)

However, no such memorandum was filed until days

later in the form of a forty-four-page document. (Doc.

86.) Plaintiffs did not move for an extension or explain

the delay in filing the accompanying memorandum.

Because only the motion to reconsider itself was

timely filed, the Court will not consider the accompanying memorandum. See Fed. R. Civ. P. 59(e). And

because the motion merely referred to the anticipated

and late-filed memorandum and did not state the

grounds on which Plaintiffs sought relief, it did not

meet Rule 7(b)’s particularity standard. See Lac Du

Flambeau Band of Lake Superior Chippewa Indians,

957 F.2d at 516-17 (“An empty motion cannot reserve

time to file an explanation after the [time period]

allowed by Rule 59.”); Intera Corp., 428 F.3d at 613

App.9a

(noting that a plaintiff must do more than indicate

she is seeking relief for “several reasons” that would

be explained in a late-filed memorandum to satisfy

Rule 7(b)’s particularity standard); see also E.D.

Tenn. L.R. 7.1(a) (“the opening brief and any accompanying affidavits or other supporting material shall

be served and filed with the motion”). For this reason,

the Court DENIES Plaintiffs’ motion to alter or amend

its judgment (Doc. 85).1

II. Motion for Recusal (Doc. 104)

Plaintiffs also moved to recuse the undersigned

from this matter (Doc. 104). As the basis for their

motion, Plaintiffs cite to the undersigned’s prior

employment with the City of Chattanooga and Miller

& Martin PLLC. (Doc. 104-1, at 3.) Because the

undersigned worked with former City of Chattanooga

Mayor Andy Berke, who implemented low-income

housing, Plaintiffs argue recusal is necessary. (Id.)

They also take issue with the fact that one of the

1 Even if the Court were to consider Plaintiffs’ late-file memorandum, it would still deny the motion. Nowhere in that document do

Plaintiffs cite to newly discovered evidence, point to a clear error

of law or an intervening change in controlling law, or demonstrate a need to prevent manifest injustice. See Fed. R. Civ. P.

59(e). Plaintiffs chose instead to spill ink on criticisms of federalfunding plans and local-development projects, neither of which

appear to relate to the present action. (See Doc. 89.) When time

comes, multiple pages later, to discuss the Court’s decision,

Plaintiffs merely relitigate earlier arguments. In particular,

Plaintiffs insist on the existence of an ill-defined conspiracy

amongst Town of Farragut residents and employees to violate

their constitutional rights and continue to dispute the applicability

of state-court rulings to Plaintiffs’ First Amendment retaliation

claims. (Id.)

App.10a

undersigned’s law clerks worked at Miller & Martin

PLLC. (Id.)

When a judge’s personal knowledge or experience

encroaches upon his ability to fairly decide a case, he

must recuse. 28 U.S.C. § 455(a) (“Any justice, judge,

or magistrate judge of the United States shall disqualify

himself in any proceeding in which his impartiality

might reasonably be questioned.”). The standard for

doing so is “difficult . . . to reach.” United States v.

Liggins, No. 22-1236, 2023 WL 4946323, at *4 (6th Cir.

Aug. 3, 2023) (describing the recusal standard as a

high bar). To face recusal, a judge’s conduct must be

so extreme as to “display a deep-seated favoritism or

antagonism that would make fair judgment impossible.”

Id. (quoting Liteky v. United States, 510 U.S. 540, 555

(1994)) (internal quotation marks omitted) (cleaned

up). A judge must also recuse “[w]henever a party

to any proceeding in a district court makes and files a

timely and sufficient affidavit that the judge before

whom the matter is pending has a personal bias or

prejudice either against him or in favor of any adverse

party.” 28 U.S.C. § 144. To trigger recusal under § 144,

a party must submit “a timely, sufficient affidavit and

her counsel certifies that the affidavit is made in good

faith.” Scott v. Metro. Health Corp., 234 F. App’x 341,

352 (6th Cir. 2007). A § 144 affidavit is timely if it is

submitted “at the earliest moment after the movant

acquires knowledge of the facts demonstrating the

basis for such disqualification.” Id. (citation and

internal quotation marks omitted). Though a court is

required to accept as true factual allegations contained in the affidavit, it “may only credit facts that

are sufficiently definite and particular to convince a

reasonable person that bias exists; simple conclu-

App.11a

sions, opinions, or rumors are insufficient.” Id. (citing

Hoffman v. Caterpillar, Inc., 368 F.3d 709, 718 (7th

Cir. 2004)).

Recusal is not warranted here. Plaintiffs have not

explained how the undersigned was involved in

former Mayor Berke’s low-income housing projects or

how such involvement would affect his ability to fairly

decide this case. This case stems from events taking

place in the City of Farragut; prior to this motion,

Plaintiffs have made no mention of the City of

Chattanooga or its former Mayor’s actions. It is also

unclear how the fact that the undersigned and one of

his law clerks share a past employer impairs the

former’s decision-making ability. Moreover, the declarations filed in support of the recusal motion—from

Plaintiff Denise Pagels, Plaintiff Sean Murphy, Counsel

Russ Egli, and non-party Wendy Rose—are not certified

by counsel, were not timely submitted, and consist of

conjecture rather than particular facts. See Scott, 234

F. App’x at 352. The Plaintiffs have provided no legal

basis for recusal, so the Court will DENY the motion

(Doc. 104). Accordingly, the Court will DENY AS

MOOT the Fielden Defendants’ motion to strike (Doc.

112).

III. Remaining Motions

The Court hereby REFERS the remaining motions

—the Fielden Defendants’ motion for attorney’s fees

and costs (Doc. 83) and Plaintiffs’ motion to take depositions related to attorney’s fees (Doc. 84)—to Judge

McCook. The magistrate judge is designated to submit

a report and recommendation on the motion and take

whatever actions she deems appropriate pursuant to

28 U.S.C. § 636(b)(1)(B) and (C).

App.12a

SO ORDERED.

/s/ Travis R. McDonough

United States District Judge

App.13a

CLERK “RULING LETTER”

FROM A CASE MANAGER

(AUGUST 23, 2024)

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

100 EAST FIFTH STREET, ROOM 540

POTTER STEWART U.S. COURTHOUSE

CINCINNATI, OHIO 45202-3988

________________________

Kelly L. Stephens

Clerk

Tel. (513) 564-7000

www.ca6.uscourts.gov

Mr. Brian Robert Bibb

Ms. Annie Scott Duncan

Mr. Russell Lee Egli

Ms. Grace Ewell

Mr. Richard L. Hollow

Mr. Benjamin K. Lauderback

Mr. James Ford Little

Mr. Ellis A. Sharp

Mr. Fred Carney Statum III

Mr. Garrett P. Swartwood

Mr. Samuel Cole Wheeler

Re: Case No. 24-5678, Sean Murphy, et at v.

Farragut, TN, et at, Originating Case No.

3:23-cv-00402

Dear Counsel,

The appellants’ motion to extend time to file brief

is DISMISSED as moot. Briefing in this case is in

abeyance pending a ruling on the motions to dismiss.

App.14a

When this outstanding matter has been resolved, the

clerk’s office will issue a new briefing schedule or give

the parties other instructions.

Sincerely,

/s/ Gretchen S. Abruzzo

on behalf of Ryan E. Orme,

Case Manager Direct Dial

No. 513-564-7079

App.15a

PETITIONERS’ EMAIL TO ANNE BROWN

(JANUARY 14, 2025)

Russ Egli <theeglilawfirm@gmail.com>

24-5646 - This is not a Motion for En banc

Russ Egli <theeglilawfirm@gmail.com>

To: Anne Brown <Anne_Brown@ca6.uscourts.gov>

Mrs. Brown,

This is not a Motion for Reconsideration it is a

Constitutional attack on the Order itself which the

Clerk had no authority to prepare, sign or enter which

makes it Void and nullity hence the misc. and by

denying the Appellants/Petitioners motion the Court

is there by denying the Plaintiffs their rights under

the Fifth Amendment and Mr. Egli will be escalating

this to a higher authority.

Wendy Rose

Legal Assistant

App.16a

OMNIBUS MOTION TO VOID CLERK’S JOINT

“ORDER”, U.S. COURT OF APPEALS

FOR THE SIXTH CIRCUIT

(JANUARY 13, 2025)

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

________________________

IN RE: SEAN MURPHY, on behalf of V.M.,

A.M., E.M., A.M,., ET AL. [24-5646],

Petitioners,

SEAN MURPHY, on behalf of V.M.,

A.M, E.M., A.M., ET AL. [24-5678],

Plaintiffs-Appellants,

v.

FARRAGUT, TN. ET., AL.,

Defendants-Appellees.

________________________

Case Nos. 24-5646, 24-5678

Omnibus Motion to Void Clerk’s Joint “Order”

Comes the Petitioners/Appellants, through counsel

brings this Motion to Void the joint “Order” that was

prepared, signed, and entered into the Appellant’s

Appeal, by the Clerk of the United States Court of

Appeals for the Sixth Circuit, Kelly Stephens. The

joint “Order” dismissed both the Petitioners’ Writ of

App.17a

Mandamus1 [6th Circuit, Cas. No. 24-5646] and their

Appeal.

To wit:

Accordingly, in No. 24-5646, the December

17, 2024, motion to supplement is DENIED,

the remaining motions to supplement2 are

GRANTED, and the petition for a writ of

mandamus is DENIED. In No. 24-5678, the

motions to dismiss are GRANTED and the

remaining motions are DENIED AS MOOT.

Sean Murphy, et. al. v. The Town of Farragut, 24-5678,

Doc. 55, p. 3 (6th Cir. Ct.).

The Clerk lacked authority under the Federal

Rules of Appellant Procedure (FRAP), the Sixth

Circuit Court of Appeals Local Rules and the U.S.

Constitution to prepare, sign and enter the joint

“Order” making it a legal nullity and therefore it is

void. Further, the Clerk herself admits in her “Order”

to violating the Petitioners/Appellants due process by

granting the Motion to Dismiss filed by the Defendants

without allowing the Appellants’ time to respond as a

motion to stay had been filed and pending and at the

very least if the stay was lifted then the Petitioners/Appellants should then have received a reasonable

time to respond to the Defendants Motion to Dismiss.

Record, also see No.: 24-5678 and Doc. 55.

Further, the Appellants have both a Motion to

Correct the Record under FRAP 10 and to appoint a

1 The Writ of Mandamus was filed on July 16, 2024. 6th Cir. Ct.

2 Requesting a stay in several pending matters in which Judge

McDonough sits.

App.18a

Special Master under Rule 48 [Doc. 14] pending. The

Case Manager, Ryan Orme, without authority, attempted to deny both and the Appellants requested for a

judge to hear the motions, which the Clerk now has

attempted to moot in further violation of the Petitioners/Appellants due process rights.

Enabling Act

The Rules Enabling Act permits district courts to

“adopt local rules that are necessary to carry out the

conduct of [their] business.” Frazier v. Heebe, 482 U.S.

641, 645, 107 S. Ct. 2607, 96 L. Ed. 2d 557 (1987).

Courts’ discretion to craft local rules is not unlimited.

28 U.S.C. § 2071 requires that local rules “shall be

consistent with Acts of Congress and rules of practice

and procedure prescribed under [28 U.S.C. § 2072].”

28 U.S.C. § 2071 (a). Section 2072 authorizes the

Supreme Court to “prescribe general rules of practice

and procedure and rules of evidence for cases in the

United States district courts,” and the section requires

that “such rules shall not abridge, enlarge or modify

any substantive right.” 28 U.S.C. § 2072(a)-(b).

The Sixth Circuit Court of Appeals Local Rule 45

sets out rules of when a clerk can prepare, sign, and

enter orders and states;

(a) Orders That the Clerk May Enter. The clerk

may prepare, sign, and enter orders or

otherwise dispose of the following matters

without submission to the court or a judge,

unless otherwise directed:

(1) Procedural motions;

(2) Motions involving production or filing

of the appendix or briefs on appeal;

App.19a

(3) Orders for voluntary dismissal of appeals

or petitions, or for consent judgments in

National Labor Relations Board cases;

(4) Orders for dismissal for want of prosecution;

(5) Orders appointing counsel under the

Criminal Justice Act of 1984, as

amended, in criminal cases in which the

appellant is entitled to the appointment

of counsel under the Sixth Circuit Plan

for the Implementation of the Criminal

Justice Act and in any other case in

which an order directing the clerk to

appoint counsel has been entered;

(6) Bills of costs under Fed. R. App. P. 39(d);

(7) Orders granting remands and limited

remands where the motion includes a

notice under Fed. R. App. P. 12.1(a); and

(8) Orders dismissing a second appeal as

duplicative, where the court has docketed

a jurisdictionally sound appeal from the

same judgment.

(b) Notice. A clerk’s order must show that it

was authorized under 6 Cir. R. 45(a).

6 Cir. R 45, Duties of Clerks.

It is important to note that the Clerk, even if the

Sixth Circuit Court could grant a Clerk the authority

to prepare, sign and enter the joint “Order” the Clerk

did not include the required authorization under 6th

Cir. R. 45(b). Further, the Clerk does not have authority to opine on a Writ of Mandamus nor for that fact

App.20a

opine on anything as the Clerk is not an Article III

judge. See Fed. R. App. P. generally.

The Clerk Violated the Petitioners/Appellants

Due Process Rights

The Clerk cannot grant the Defendant’s Motions

to Dismiss. however, even if the Clerk could opine and

dismiss such a pleading it is important to note that if

the Clerk removed the Stay, the Clerk would be required to allow Appellants a reasonable amount of

time to respond under the required principles of due

process. See US. Const. amend. V, as well as US.

Const. amend. XIV.

Additional Facts in Support of Granting this

Motion

1.

The Sixth Circuit Court Clerk is having federal phone numbers forwarded to the personal

cell phones, burner phones, and land lines of

clerks and case managers and allowing them

to work from home using VPN’s and Cloud

Servers.

2.

Case managers, including Ryan Orme, the

case manager for both the Writ of Mandamus

and Appeal without authorization signed

“Orders” denying the Appellant Motion’s to

Correct the Record under Rule 10, and to

appoint a Special Master under Rule 46. The

Appellants objected to these orders which

are still pending and have yet to be heard by

this Court. Record.

3.

The District Court’s “Judgement Order” was

not a final order in that it did not address all

App.21a

the Plaintiffs claims, including, but not

limited to Plaintiff’s Sean Murphy’s First

Amendment Claim from being blocked by the

Defendants from social media platforms.

Lindke v. Freed, 601 U.S. ___ (2024). Further,

never even addressing all the Plaintiffs,

stating three children, therefore denying the

fourth child any due process whatsoever.

Sean Murphy et. al. v. Town of Farragut et.

al., 3:23-cv-402, Doc., 83.

4.

The Clerk of the Sixth Court falsely claims

that the Rule 59 was not filed 28 days from

the purported “Judgment Order” in which it

was, and the Case Manager was given

demonstrable evidence of the same. Further,

it requested that Judge McDonough strike

the entire Judgement because it was full of

misstatements, false narratives, did not

respond to all the Plaintiffs claims nor to all

the Plaintiffs and much more.

5.

The case law the Clerk cites to is not on point

included but not limited to the use of Youn v.

Track, Inc., 324 F.3d 409, 423 (6th Cir. 2003)

which is regarding the recusal of a magistrate judge and not under 28 US.C. § 144.

6.

Judge McDonough did not just work for the

ex-Mayor of Chattanooga, Andy Berke, but

the Petitioners accused Judge McDonough

as the Chief of Staff with the ex-Mayor and

participating in similar activities in

Chattanooga Tennessee that the Defendants

herein are involved in currently. See No. 245646.

App.22a

7.

The Whistleblowers have provided demonstrable evidence to this Court that the

Defendants and their co-conspirators stole

almost a billion dollars in federal grant

money, receiving fraudulent bank guarantees,

low-income tax credits and Judge McDonough

had knowledge of the same yet dismissed it

anyway likely with no referral to the proper

authorities. Id.

8.

Since the Clerk’s Order could have never

existed under the argument herein it is a

nullity and attacked at any time as it is a violation of the Plaintiffs’ due process rights. See

United States v. Hodge, 1845 U.S. LEXIS 442,

44 U.S. 534, 11 L. Ed. 714, 3 HOW 534;

Malony v. Adsit, 175 U.S. 281, 20 S. Ct. 115,

44 L. Ed. 163, 1899 U.S. LEXIS 1564, 1

Alaska Fed. 574 and O’Reilly v. Edrington,

96 U.S. 724, 1877 U.S. LEXIS 1717, 24 L. Ed.

659, 6 Otto 724.

App.23a

Conclusion

WHEREFORE PREMISES CONSIDERED,

PLAINTIFFS PRAY THAT THIS MOTION BE

GRANTED, AN ORDER ISSUE VOIDING THE

CLERK’S ORDER [DOC. 55] AND HAVE THE FULL

PANEL OF THE SIXTH CIRCUIT JUDGES REVIEW

THESE MATTERS AND RULE ON THE SAME.

Respectfully submitted,

/s/ Russ Egli

BPR#24408

The Egli Law Firm

Attorney for the Plaintiffs

11109 Lake Ridge Drive, FL3

Knoxville, TN 37934

8652748872

theeglilawfirm@gmail.com

App.24a

PLAINTIFFS’ FED. R. CIV. P. 59 MOTION TO

ALTER, AMEND OR SET ASIDE THE

JUDGMENT OF THE COURT

(MAY 13, 2024)

IN THE UNITED STATES DISTRICT COURT

EASTERN SECTION OF TENNESSEE

________________________

MURPHY, ET AL.,

Plaintiffs,

v.

TOWN OF FARRAGUT, INC., ET AL.,

Defendants.

________________________

Civil Action No.: 3:23-cv-402

PLAINTIFFS’ FED R. CIV. P. 59 MOTION TO

ALTER, AMEND OR SET ASIDE THE

JUDGMENT OF THE COURT

Plaintiffs, by and through under-signed counsel,

and pursuant to Fed. R. Civ. P. 59, hereby seek an

Order altering or amending the Judgment1, [Doc. 81],

of this court and/or setting the Judgment aside for the

reasons set forth in the Memorandum of Fact and Law

filed hereafter. Wherefore, for the foregoing reasons

1 The facts contained in Document 81 do not align with the facts

that were set forth in Document 6.

App.25a

contained in the Plaintiffs Memorandum of Fact and

Law, and the record as a whole, the final Judgment of

the Court should be set aside in its entirety.2

Respectfully submitted,

/s/ Russ Egli

BPR#24408

The Egli Law Firm

Attorney for the Plaintiffs

11109 Lake Ridge Drive, FL3

Knoxville, TN 37934

865-865-304-4125

2 The under-signed counsel is still awaiting a response from Mrs.

Wilson as to the status conference minutes/audio, wherein, an

oral motion was made and granted to stay discovery in this

matter.

App.26a

DOCKET, U.S. DISTRICT COURT

FOR THE EASTERN DIVISION OF

TENNESSEE, KNOXVILLE

(NOVEMBER 8, 2023)

U.S. DISTRICT COURT - EASTERN DISTRICT OF

TENNESSEE (KNOXVILLE) CIVIL DOCKET

FOR CASE# : 3:23-cv-00402-TRM-JEM

________________________

Murphy et al v. Town of Farragut et al

Assigned to: District Judge Travis R McDonough

Referred to: Magistrate Judge Jill E McCook

Demand: $9,999,000

related Case: 3:24-cv-00437-TRM-JEM

Case in other court: USCA, Sixth Circuit, 24-05646

Sixth Circuit Court of Appeals, 24-05678

Cause: 42: 1983 Civil Rights Act

Date Filed: 11/08/2023

Date Terminated: 04/15/2024

Jury Demand: Both

Nature of Suit: 440 Civil Rights: Other

Jurisdiction: Federal Question

Plaintiff

Sean Murphy on behalf of V.M., A.M., E.M., A.M.

represented by

Russell L Egli

Law Office of Russell L. Egli

The Wisdom Building

11109 Lake Ridge Drive

Concord, TN 37934

(865) 304-4125

App.27a

Fax: 866-936-4971

Email: theeglilawfirm@gmail.com

ATTORNEY TO BE NOTICED

Plaintiff

Denise Pagels on behalf of V.M, A.M, E.M, A.M.

represented by

Russell L Egli

(See above for address)

ATTORNEY TO BE NOTICED

V.

Defendant

Town of Farragut

represented by

Benjamin K Lauderback

Watson Roach Batson & Lauderback PLC

P.O. Box 131

Knoxville, TN 37901

865-637-1700

Fax: 865-525-2514

Email: blauderback@watsonroach.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Thomas M Hale

Kramer, Rayson LLP (Knox)

PO Box 629

800 South Gay Street

Suite 2500

Knoxville, TN 37929

865-525-5134

Email: tomhale@kramer-rayson.com

LEAD ATTORNEY

App.28a

ATTORNEY TO BE NOTICED

Brian Robert Bibb

Watson, Roach, Batson, Rowell &

Lauderback PLC

1500 Riverview Tower

900 South Gay Street

P.O. Box 131

Knoxville, TN 37901-0131

865-637-1700

Fax: 865-525-2514

Email: bbibb@watsonroach.com

ATTORNEY TO BE NOTICED

Defendant

Mayor Ron Williams

in both official and individual capacities

represented by

Benjamin K Lauderback (See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Thomas M Hale

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

Vice-Mayor Louise Povlin

in both official and individual capacities

represented by

Benjamin K (See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

App.29a

Thomas M Hale (See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

Republic Newspapers Inc.

doing business as Farragut Press Enterprise

represented by

Richard Hollow

Hollow & Hollow, LLC

P.O. Box 11166

Knoxville, TN 37939

865-769-1715

Fax: 865-560-0005

Email: rhollow@hollowlaw.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

JA Fielden Inc

represented by

J Ford Little

Woolf, McClane, Bright, Allen & Carpenter, PLLC

P 0 Box 900

900 S. Gay Street

Knoxville, TN 37901

865-215-1000

Fax: 865-215-1001

Email: flittle@wmbac.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

App.30a

Samuel Cole Wheeler

Woolf McClane Bright Allen & Carpenter, PLLC

900 S. Gay Street Suite 900

Knoxville, TN 37902

865-215-1000

Email: cwheeler@wmbac.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

Joe Fielden (See above for address)

represented by

J Ford Little

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Samuel Cole Wheeler (See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

Kirk Swor

represented by

Ellis Sharp

Stokes, Williams, Sharp & Davies

P 0 Box 2644

Knoxville, TN 37901

865-544-3833

Fax: 865-544-1849

Email: sandy@stokeswilliams.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

App.31a

Annie Scott Duncan

Stokes, Williams, Sharp, Cope & Mann PC

920 Volunteer Landing Lane,

Suite 100

Knoxville, TN 37922

865-544-3833

Fax: 865-544-1849

Email: annie@stokeswilliams.com

ATTORNEY TO BE NOTICED

Defendant

Farragut Business Alliance Inc

represented by

Fred C Statum, III

Manier & Herod

1201 Demonbreun Street

Suite 900

Nashville, TN 37203

615-742-9314

Fax: 615-242-4203

Email: fstatum@manierherod.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Jeffrey S Price

Manier & Herod

1201 Demonbreun Street

Suite 900

Nashville, TN 37203

615-244-0030

Fax: 615-242-4203

Email: jprice@manierherod.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

App.32a

Defendant

Biddle Farms Residential LLC

represented by

Garrett P Swartwood

Long, Ragsdale & Waters, PC

1111 Northshore Drive NW

Suite S 700

Knoxville, TN 37919-4074

865-584-4040

Fax: 865-584-6084

Email: gswartwood@lrwlaw.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

Knox County, Tennessee, Inc.

TERMINATED: 03/18/2024

***

11/08/2023

1

COMPLAINT against All Defendants (Filing fee

$402 receipt number ATNEDC-5518530.), filed

by Sean Murphy. (Attachments: # 1. Other Civil

Cover Sheet, # 2 Summons, # 3 Summons, # 4

Summons, # 5 Summons, # 6 Summons, # 2

Summons, # 8 Summons, # 9 Summons, # 10

Summons)(Egli, Russell) (Entered: 11/08/2023)

11/08/2023

District Judge Travis R McDonough and Magistrate Judge Jill E McCook added. (CNC) (Entered:

11/09/2023)

App.33a

11/09/2023

2

Order Governing Depositions. Signed by District

Judge Travis R McDonough on 11/9/23. (CNC)

(Entered: 11/09/2023)

11/09/2023

3

Order Governing Motions To Dismiss. Signed by

District Judge Travis R McDonough on 11/9/2023.

(CNC) (Entered: 11/09/2023)

11/09/2023

4

Order Governing Sealing Confidential Information.

Signed by District Judge Travis R McDonough on

11/9/2023. (CNC) (Entered: 11/09/2023)

11/09/2023

5

Summons Issued as to Biddle Farms Residential

LLC, Farragut Business Alliance Inc, Joe Fielden,

JA Fielden Inc, Louise Povlin, Republic

Newspapers Inc., Kirk Swor, Town of Farragut,

Ron Williams. (CNC) (Entered: 11/09/2023)

11/11/2023

6

AMENDED COMPLAINT FIRST against All

Defendants., filed by Sean Murphy. (Attachments:

# 1 Exhibit A, # 2 Exhibit B, # 3. Exhibit C, # 4

Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7

Exhibit G, # 8 Exhibit COLL H, # 9 Exhibit I,

# 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L,

# 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O,

# 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R,

# 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U,

# 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X,

# 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit 1,

# 28 Exhibit 2, # 29 Exhibit 3, # 30 Exhibit 4, # 31

Exhibit 5, # 32 Exhibit 6, # 33 Exhibit 7, # 34

Exhibit 8, # 35 Exhibit 9, # 36 Exhibit 10, # 37

App.34a

Exhibit 11, # 38 Exhibit 12, # 39 Exhibit 13, # 40

Exhibit COLL 14, # 41 Exhibit COLL 14, # 42

Exhibit 15, # 43 Exhibit 16, # 44 Exhibit 17, # 45

Exhibit 18, # 46 Exhibit 19, # 47 Exhibit 20, # 48

Exhibit 21, # 49 Exhibit 22, # 50 Exhibit 23, # 51

Exhibit 24, # 52 Exhibit 25, # 53 Exhibit 26, # 54

Exhibit 27, # 55 Exhibit 28, # 56 Exhibit 29, # 57

Exhibit 30, # 58 Exhibit COLL 31, # 59 Exhibit

COLL 31, # 60 Exhibit 32, # 61 Exhibit 33, # 62

Exhibit 34, # 63 Exhibit 35, # 64 Exhibit 36, # 65

Exhibit 37, # 66 Exhibit 38, # 67 Exhibit 39, # 68

Exhibit 40, # 69 Exhibit 41, # 70 Exhibit 42, # 71

Exhibit 43, # 72 Exhibit COLL 44, # 73 Exhibit

COLL 44, # 74 Exhibit 45, # 75 Exhibit 46, # 76

Exhibit 47, # 77 Exhibit 48, # 78 Exhibit 49, # 79

Exhibit 50, # 80 Exhibit 51, # 81 Exhibit 52)(Egli,

Russell) (Entered: 11/11/2023)

12/11/2023

7

STIPULATION of Extension of Time to Respond to

Amended Complaint by Biddle Farms Residential

LLC. (Swartwood, Garrett) (Entered: 12/11/2023)

12/12/2023

8

Unopposed MOTION for Extension of Time to File

Answer to Complaint by Farragut Business

Alliance Inc. (Attachments: # 1 Exhibit Proposed

Order)(Statum, Fred) (Entered: 12/12/2023)

12/12/2023

9

MOTION quash service of process or for additional

time to respond to First Amended Complaint by

Republic Newspapers Inc. (Attachments: # 1

Exhibit 1)(Hollow, Richard) (Entered: 12/12/2023)

App.35a

12/13/2023

10 STIPULATION by JA Fielden Inc. (Little, J)

(Entered: 12/13/2023)

12/13/2023

11 STIPULATION by Joe Fielden. (Little, J)

(Entered: 12/13/2023)

12/13/2023

12 Now before the Court is the Unopposed Motion

for Extension of Time to File Answer or Response

to Complaint [Doc. 8], filed by Defendant Farragut

Business Alliance, Inc. (“FBA”). In light of no

opposition, and for good cause shown, the Court

GRANTS the motion [Doc. 8]. Defendant FBA

SHALL respond to the First Amended Complaint

on or before January 12, 2024. Signed by Magistrate Judge Jill E. McCook on 12/13/2023. (This

entry constitutes the complete Order of the

Court.) (AGA) (Entered: 12/13/2023)

12/14/2023

13 ORDER: Defendant Republic Newspapers has not

identified the authority under which it brings its

motion. The Court therefore DIRECTS Defendant

Republic Newspapers to supplement the motion

[Doc. 9] within seven (7) days of entry of this

Order and identify the authority under which it

seeks relief. Signed by Magistrate Judge Jill E

McCook on 12/14/23. (ABF) (Entered: 12/14/2023)

12/18/2023

14 STIPULATION re 6 Amended Complaint, for

Extension of Time to File a Response by Louise

Povlin, Town of Farragut, Ron Williams.

(Lauderback, Benjamin) (Entered: 12/18/2023)

App.36a

12/19/2023

15 NOTICE of Appearance by Thomas M Hale on

behalf of Louise Povlin, Town of Farragut, Ron

Williams (Hale, Thomas) (Entered: 12/19/2023)

12/20/2023

16 Amended MOTION to Dismiss by Republic

Newspapers Inc. (Hollow, Richard) (Entered:

12/20/2023)

12/20/2023

17 MEMORANDUM in Support of Motion re 16

Amended MOTION to Dismiss filed by Republic

Newspapers Inc. (Attachments: # 1 Exhibit, # 2

Exhibit, # 3. Exhibit, # 4 Exhibit, # 5

Exhibit)(Hollow, Richard) (Entered: 12/20/2023)

12/20/2023

18 NOTICE by Republic Newspapers Inc. concerning

Meet and Confer Conference Pursuant to Order

(Hollow, Richard) (Entered: 12/20/2023)

12/21/2023

19 NOTICE of Appearance by Brian Robert Bibb on

behalf of Town of Farragut (Bibb, Brian) (Entered:

12/21/2023)

12/27/2023

20 SUPPLEMENT to 1 Complaint, 6 Amended Complaint, Summons to Kirk Swor c/o BHOA by

Sean Murphy. (Egli, Russell) (Entered: 12/27/2023)

12/27/2023

21 SUPPLEMENT to 1 Complaint, 6 Amended Complaint, Summons Republic Newspaper by Sean

Murphy. (Egli, Russell) (Entered: 12/27/2023)

App.37a

12/27/2023

22 Alias Summons Issued as to Kirk Swor (KMK)

(Entered: 12/27/2023)

12/27/2023

23 Alias Summons Issued as to Republic Newspapers

Inc. (KMK) (Entered: 12/27/2023)

01/02/2024

24 ORDER. In light of the Amended Motion to

Dismiss, the Court DENIES AS MOOT the

motion filed by Defendant Republic Newspapers,

Inc., d/b/a Farragut Press Enterprise [Doc. 9].

Signed by Magistrate Judge Jill E McCook on

January 2, 2024. (AYB) (Entered: 01/02/2024)

01/02/2024

25

*Counsel to re-file - only one page of .pdf attached*

ANSWER to 6 Amended Complaint by Biddle

Farms Residential LLC. (Swartwood, Garrett)

Modified text to note counsel is refiling document

on 1/3/2024 (AYB). (Entered: 01/02/2024)

01/03/2024

26

ANSWER to 6 Plaintiffs’ First Amended Complaint

by Biddle Farms Residential LLC. (Swartwood,

Garrett) Modified text on 1/3/2024 (AYB).

(Entered: 01/03/2024)

01/03/2024

27 MOTION to Dismiss by JA Fielden Inc. (Little, J)

(Entered: 01/03/2024)

01/03/2024

28 MEMORANDUM in Support of Motion re 27

MOTION to Dismiss filed by JA Fielden Inc.

(Little, J) (Entered: 01/03/2024)

App.38a

01/03/2024

29 MOTION to Dismiss by Joe Fielden. (Little, J)

(Entered: 01/03/2024)

01/03/2024

30 MEMORANDUM in Support of Motion re 29

MOTION to Dismiss filed by Joe Fielden. (Little,

J) (Entered: 01/03/2024)

01/03/2024

31 NOTICE by Joe Fielden, JA Fielden Inc Statement

Concerning a Meet and Confer Conference Pursuant

to This Court’s Order (Little, J) (Entered: 01/03/2024)

01/03/2024

32 MOTION for Judgment on the Pleadings by Biddle

Farms Residential LLC. (Swartwood, Garrett)

(Entered: 01/03/2024)

01/03/2024

33 MEMORANDUM in Support of Motion re 32

MOTION for Judgment on the Pleadings filed by

Biddle Farms Residential LLC. (Swartwood,

Garrett) (Entered: 01/03/2024)

01/06/2024

34 AFFIDAVIT of Service for Summons served on

Kirk Swor C/O BHOA on 1/5/2024, filed by Sean

Murphy. (Egli, Russell) (Entered: 01/06/2024)

01/11/2024

35 NOTICE of Appearance by Ellis Sharp on behalf

of Kirk Swor (Sharp, Ellis) (Entered: 01/11/2024)

01/11/2024

36 SUPPLEMENT to 1 Complaint, 6 Amended Complaint, Affidavit of Return on Summons by Sean

Murphy. (Egli, Russell) (Entered: 01/11/2024)

App.39a

01/11/2024

37 SUPPLEMENT to 1 Complaint, 6 Amended Complaint, Affidavit of Return on Summons by Sean

Murphy. (Egli, Russell) (Entered: 01/11/2024)

01/12/2024

38 ANSWER to 6 Amended Complaint, by Farragut

Business Alliance Inc.(Statum, Fred) (Entered:

01/12/2024)

01/22/2024

39 MOTION to Dismiss by Kirk Swot (Sharp, Ellis)

(Entered: 01/22/2024)

01/22/2024

40 MEMORANDUM in Support of Motion re 39

MOTION to Dismiss filed by Kirk Swot (Sharp,

Ellis) (Entered: 01/22/2024)

01/25/2024

41 RESPONSE to Motion re 27 MOTION to Dismiss

filed by Sean Murphy. (Attachments: # 1 Exhibit,

# 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit,

# 6 Exhibit, # 2 Exhibit) (Egli, Russell) (Entered:

01/25/2024)

01/25/2024

42 RESPONSE to Motion re 29 MOTION to Dismiss

filed by Sean Murphy. (Attachments: # 1 Exhibit,

# 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit,

# 6 Exhibit, # 1 Exhibit) (Egli, Russell) (Entered:

01/25/2024)

01/25/2024

43 MOTION for Extension of Time to File Response/

Reply as to 33 Memorandum in Support of Motion,

32 MOTION for Judgment on the Pleadings by

Sean Murphy. (Egli, Russell) (Entered: 01/25/2024)

App.40a

01/26/2024

44 MOTION to Dismiss or in the Alternative Motion

to Strike and for More Definite Statement by

Louise Povlin, Town of Farragut, Ron Williams.

(Lauderback, Benjamin) (Entered: 01/26/2024)

01/26/2024

45 MEMORANDUM in Support of Motion re 44

MOTION to Dismiss or in the Alternative Motion

to Strike and for More Definite Statement filed by

Louise Povlin, Town of Farragut, Ron Williams.

(Lauderback, Benjamin) (Entered: 01/26/2024)

01/29/2024

46 ORDER granting 43 MOTION for Extension of

Time to File Response/Reply as to 33 Memorandum in Support of Motion, 32 MOTION for

Judgment on the Pleadings; Responses due by

1/31/2024. Signed by District Judge Travis R

McDonough on 1/29/2024. (AML) (Entered:

01/29/2024)

01/31/2024

47 RESPONSE in Opposition re 32 MOTION for

Judgment on the Pleadings filed by Sean Murphy.

(Egli, Russell) (Entered: 01/31/2024)

02/01/2024

48 REPLY to Response to Motion re 29 MOTION to

Dismiss filed by Joe Fielden. (Attachments: # 1

Exhibit Email from Attorney Ford Little to

Attorney Russ Egli)(Little, J) (Entered:

02/01/2024)

02/01/2024

49 REPLY to Response to Motion re 27 MOTION to

Dismiss filed by JA Fielden Inc. (Attachments:

App.41a

# 1 Exhibit Email from Attorney Ford Little to

Attorney Russ Egli)(Little, J) (Entered: 02/01/2024)

02/06/2024

50 MOTION for Judgment on the Pleadings by

Farragut Business Alliance Inc. (Statum, Fred)

(Entered: 02/06/2024)

02/06/2024

51 MEMORANDUM in Support of Motion re 50

MOTION for Judgment on the Pleadings filed by

Farragut Business Alliance Inc. (Statum, Fred)

(Entered: 02/06/2024)

02/06/2024

52 ORDER A Telephonic Scheduling Conference is set

for 3/5/2024 at 03:00 PM before District Judge

Travis R. McDonough. Dial-in instructions will be

circulated via email prior to the conference.

Signed by District Judge Travis R. McDonough

on 2/06/2024. (EJB) (Entered: 02/06/2024)

02/07/2024

53 REPLY to Response to Motion re 32 MOTION for

Judgment on the Pleadings filed by Biddle Farms

Residential LLC. (Swartwood, Garrett) (Entered:

02/07/2024)

02/09/2024

54 MOTION for Sanctions by Sean Murphy.

(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit,

# 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 2 Exhibit,

# 8 Exhibit, # 2 Exhibit, # 10 Exhibit, # 11 Exhibit,

# 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15

Exhibit, # 15 Exhibit, # 17 Exhibit, # 18 Exhibit,

# 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22

Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit,

# 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29

App.42a

Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit,

# 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36

Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit,

# 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43

Summons, # 44 Exhibit, # 45 Exhibit, # 46

Exhibit)(Egli, Russell) (Entered: 02/09/2024)

02/12/2024

55 MOTION for Extension of Time to File Response/

Reply as to 40 Memorandum in Support of Motion,

39 MOTION to Dismiss by Sean Murphy. (Egli,

Russell) (Entered: 02/12/2024)

02/16/2024

56 MOTION for Extension of Time to File Response/

Reply as to 45 Memorandum in Support of Motion,

44 MOTION to Dismiss or in the Alternative

Motion to Strike and for More Definite Statement

by Sean Murphy. (Egli, Russell) (Entered: 02/16/

2024)

02/16/2024

57 NOTICE OF NONCONSENT by Town of Farragut

(Lauderback, Benjamin) (Entered: 02/16/2024)

02/19/2024

58 RESPONSE in Opposition re 39 MOTION to

Dismiss filed by Sean Murphy. (Egli, Russell)

(Entered: 02/19/2024)

02/20/2024

59 ORDER granting 55 MOTION for Extension of

Time to File Response/Reply as to 40 Memorandum in Support of Motion, 39 MOTION to

Dismiss. Responses due by 2/26/2024. Signed by

District Judge Travis R McDonough on 2/20/2024.

(AML) (Entered: 02/20/2024)

App.43a

02/23/2024

60 REPLY to Response to Motion re 39 MOTION to

Dismiss filed by Kirk Swot (Attachments: # 1

Exhibit A, # 2 Exhibit B)(Sharp, Ellis) (Entered:

02/23/2024)

02/23/2024

61 RESPONSE to Motion re 54 MOTION for

Sanctions filed by Town of Farragut. (Bibb, Brian)

(Entered: 02/23/2024)

02/26/2024

62 RESPONSE in Opposition re 44 MOTION to

Dismiss or in the Alternative Motion to Strike and

for More Definite Statement filed by Sean

Murphy. (Egli, Russell) (Entered: 02/26/2024)

02/27/2024

63 MOTION for Extension of Time to File Response/

Reply as to 51 Memorandum in Support of Motion,

50 MOTION for Judgment on the Pleadings by

Sean Murphy. (Egli, Russell) (Entered: 02/27/2024)

02/28/2024

64 ORDER granting 56 Motion for Extension of Time

to File Response/Reply re 56 MOTION for Extension of Time to File Response/Reply as to 45

Memorandum in Support of Motion, 44 MOTION

to Dismiss or in the Alternative Motion to Strike

and for More Definite Statement, 63 MOTION for

Extension of Time to File Response/Reply as to 51

Memorandum in Support of Motion, 50 MOTION

for Judgment on the Pleadings; granting 63 Motion

for Extension of Time to File Response/Reply re 56

MOTION for Extension of Time to File Response/

Reply as to 45 Memorandum in Support of Motion,

44 MOTION to Dismiss or in the Alternative

App.44a

Motion to Strike and for More Definite Statement,

63 MOTION for Extension of Time to File Response/Reply as to 51 Memorandum in Support of

Motion, 50 MOTION for Judgment on the Pleadings. Signed by District Judge Travis R McDonough

on 2/28/24. (GRE) (Entered: 02/28/2024)

02/29/2024

65 NOTICE of Appearance by Annie Scott Duncan

on behalf of Kirk Swor (Duncan, Annie) (Entered:

02/29/2024)

02/29/2024

66 SUPPLEMENT to 54 MOTION for Sanctions, 58

Response in Opposition to Motion URGENT by

Sean Murphy. (Attachments: # 1 Exhibit Coll A,

# 2 Exhibit Coll A continued)(Egli, Russell)

(Entered: 02/29/2024)

03/03/2024

67 RESPONSE in Opposition re 50 MOTION for

Judgment on the Pleadings filed by Sean Murphy.

(Egli, Russell) (Entered: 03/03/2024)

03/03/2024

68 NOTICE by Sean Murphy OF SUBMITTING

INITIAL DISCLOSURES (Egli, Russell) (Entered:

03/03/2024)

03/04/2024

69 REPLY to Response to Motion re 44 MOTION to

Dismiss or in the Alternative Motion to Strike and

for More Definite Statement filed by Louise

Povlin, Town of Farragut, Ron Williams. (Bibb,

Brian) (Entered: 03/04/2024)

App.45a

03/04/2024

70 REPORT of Rule 26(f) Planning Meeting. (Bibb,

Brian) (Entered: 03/04/2024)

03/04/2024

71 STATUS REPORT Rule 26f Conference Proposed

by Sean Murphy. (Egli, Russell) (Entered:

03/04/2024)

03/11/2024

72 SCHEDULING ORDER: Jury Trial set for

6/16/2025 09:00 AM in Courtroom 3 -Chattanooga

before District Judge Travis R McDonough. Final

Pretrial Conference set for 6/2/2025 01:00 PM in

Courtroom 3 - Chattanooga before District Judge

Travis R McDonough. Signed by District Judge

Travis R McDonough on 3/11/2024. (AWS)

(Entered: 03/11/2024)

03/11/2024

73 REPLY to Response to Motion re 50 MOTION for

Judgment on the Pleadings filed by Farragut

Business Alliance Inc. (Statum, Fred) (Entered:

03/11/2024)

03/18/2024

74 ORDER. The parties are ORDERED to accomplish

the above tasks on or before April 16, 2024. To the

extent Knox County, Tennessee, Inc. was ever a

party in this matter, it is hereby DISMISSED

from this action. Signed by District Judge Travis

R McDonough on 3/18/2024. (AML)

(Entered: 03/18/2024)

03/20/2024

75 ORDER. Defendants Town of Farragut, Louise

Povlin, and Ron Williams are ORDERED to supplement their joint motion to dismiss. Signed by

App.46a

District Judge Travis R McDonough on 3/20/2024.

(AML) (Entered: 03/20/2024)

03/28/2024

76 SUPPLEMENTAL BRIEF to MOTION to Dismiss

by Louise Povlin, Town of Farragut, Ron Williams.

(Attachments: # 1 Exhibit A - Transcript of Proceedings in Farragut Municipal Court, # 2 Exhibit

B - Order of Knox County Circuit Court)

(Lauderback, Benjamin) Modified text on

4/1/2024 (ABF). (Entered: 03/28/2024)

04/05/2024

77 BRIEF as to 76 Supplement, 75 Order Brief in

Opposition by Sean Murphy. (Egli, Russell)

(Entered: 04/05/2024)

04/09/2024

78 NOTICE by Sean Murphy re 77 Brief Desk File

Exh A (Egli, Russell) (Entered: 04/09/2024)

04/10/2024

79 REPLY to Response to Motion re 44 MOTION to

Dismiss or in the Alternative Motion to Strike and

for More Definite Statement and to Plaintiff’s

Response to Defendants’ Supplemental Brief in

Support of their Motion to Dismiss filed by Louise

Povlin, Town of Farragut, Ron Williams.

(Lauderback, Benjamin) (Entered: 04/10/2024)

04/11/2024

Thumb drive (Containing Exh A to 77) received

in the Clerk’s Office and placed in appropriate

filing cabinet. (ABF) (Entered: 04/11/2024)

App.47a

04/11/2024

80 MOTION for Leave to File Sur-Reply by Sean

Murphy. (Attachments: # 1 Exhibit A) (Egli,

Russell) (Entered: 04/11/2024)

04/15/2024

81 ORDER granting 27 Motion to Dismiss; granting

29 Motion to Dismiss; granting 32 Motion for

Judgment on the Pleadings; granting 39 Motion to

Dismiss; granting 44 Motion to Dismiss; granting

50 Motion for Judgment on the Pleadings; granting

16 Motion to Dismiss. As a result, the Court hereby DISMISSES all claims against all Defendants.

Because the only claims remaining against Defendants are state-law claims, they are hereby DISMISSED WITHOUT PREJUDICE. An Appropriate Judgment Will Enter. Signed by District

Judge Travis R McDonough on 4/15/2024. (AML)

(Entered: 04/15/2024)

04/15/2024

82 JUDGMENT ORDER. Consistent with the contemporaneously filed memorandum and order, this

action is hereby DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close the file.

Signed by District Judge Travis R McDonough on

4/15/2024. (AML) (Entered: 04/15/2024)

04/29/2024

83 MOTION for Attorney Fees by Joe Fielden, JA

Fielden Inc. (Attachments: # 1 Exhibit Declaration

of J. Ford Little In Support of Award of Attorneys’

Fees and Expenses)(Little, J) (Entered: 04/29/2024)

App.48a

05/11/2024

84 MOTION to Take Deposition from Atty Little,

Ewell, Wheeler and Bustamante by Sean Murphy.

(Egli, Russell) (Entered: 05/11/2024)

05/13/2024

85 MOTION to Alter Judgment, Order on Motion to

Dismiss, Order on Motion for Judgment on the

Pleadings, by Sean Murphy. (Egli, Russell)

(Entered: 05/13/2024)

05/14/2024

86 SUPPLEMENT to 85 MOTION to Alter Judgment,

Order on Motion to Dismiss, Order on Motion for

Judgment on the Pleadings, MEMO OF LAW IN

SUPPORT by Sean Murphy. (Egli, Russell)

(Entered: 05/14/2024)

05/14/2024

87 First MOTION for Leave to File Excess Pages by

Sean Murphy. (Egli, Russell) (Entered: 05/14/2024)

05/15/2024

88 Administrative Notice to Counsel 86 Supplement:

requirements due by 5/20/2024. (DCB) (Entered:

05/15/2024)

05/15/2024

89 MEMORANDUM in Support of Motion re 85

MOTION to Alter Judgment, Order on Motion to

Dismiss, Order on Motion for Judgment on the

Pleadings, 87 First MOTION for Leave to File

Excess Pages Memo in Support of Rule 59 Mot

filed by Sean Murphy. (Egli, Russell) (Entered:

05/15/2024)

App.49a

05/16/2024

90 RESPONSE to Motion re 85 MOTION to Alter

Judgment, Order on Motion to Dismiss, Order on

Motion for Judgment on the Pleadings, 87 First

MOTION for Leave to File Excess Pages filed by

Republic Newspapers Inc. (Hollow, Richard)

(Entered: 05/16/2024)

05/16/2024

91 RESPONSE to Motion re 85 MOTION to Alter

Judgment, Order on Motion to Dismiss, Order

on Motion for Judgment on the Pleadings, filed by

Farragut Business Alliance Inc, Kirk Swor.

(Duncan, Annie) (Entered: 05/16/2024)

05/16/2024

92 MEMORANDUM in Support re 91 Response to

Motion To Alter and/or Amend filed by Plaintiffs.

(Duncan, Annie) (Entered: 05/16/2024)

05/17/2024

93 RESPONSE in Opposition re 85 MOTION to Alter

Judgment, Order on Motion to Dismiss, Order on

Motion for Judgment on the Pleadings, filed by

Biddle Farms Residential LLC. (Swartwood,

Garrett) (Entered: 05/17/2024)

05/20/2024

94 MOTION to Strike 84 MOTION to Take Deposition

from Atty Little, Ewell, Wheeler and Bustamante

by Joe Fielden, JA Fielden Inc. (Attachments: # 1

Exhibit 1 - Second Declaration of J. Ford Little)

(Little, J) (Entered: 05/20/2024)

05/21/2024

95 RESPONSE to Motion re 85 MOTION to Alter

Judgment, Order on Motion to Dismiss, Order on

Motion for Judgment on the Pleadings, 87 First

App.50a

MOTION for Leave to File Excess Pages filed by

Louise Povlin, Town of Farragut, Ron Williams.

(Bibb, Brian) (Entered: 05/21/2024)

05/22/2024

96 RESPONSE to Motion re 85 MOTION to Alter

Judgment, Order on Motion to Dismiss, Order on

Motion for Judgment on the Pleadings, 87 First

MOTION for Leave to File Excess Pages filed by

Joe Fielden, JA Fielden Inc. (Little, J) (Entered:

05/22/2024)

05/22/2024

97 REPLY to Response to Motion re 85 MOTION to

Alter Judgment, Order on Motion to Dismiss,

Order on Motion for Judgment on the Pleadings,

Document 90 filed by Sean Murphy. (Egli, Russell)

(Entered: 05/22/2024)

05/22/2024

98 REPLY to Response to Motion re 85 MOTION to

Alter Judgment, Order on Motion to Dismiss,

Order on Motion for Judgment on the Pleadings,

Documents 91-92 filed by Sean Murphy. (Egli,

Russell) (Entered: 05/22/2024)

05/22/2024

99 REPLY to Response to Motion re 85 MOTION to

Alter Judgment, Order on Motion to Dismiss,

Order on Motion for Judgment on the Pleadings,

Document 93 filed by Sean Murphy. (Egli, Russell)

(Entered: 05/22/2024)

05/29/2024

100 REPLY to Response to Motion re 85 MOTION to

Alter Judgment, Order on Motion to Dismiss,

Order on Motion for Judgment on the Pleadings,

App.51a

Reply to Document 95 filed by Sean Murphy.

(Egli, Russell) (Entered: 05/29/2024)

05/30/2024

101 REPLY to Response to Motion re 85 MOTION to

Alter Judgment, Order on Motion to Dismiss,

Order on Motion for Judgment on the Pleadings,

Reply to Document 96 filed by Sean Murphy.

(Egli, Russell) (Entered: 05/30/2024)

06/03/2024

102 First MOTION for Extension of Time to File

Response/Reply as to 94 MOTION to Strike 84

MOTION to Take Deposition from Atty Little,

Ewell, Wheeler and Bustamante by Sean Murphy.

(Egli, Russell) (Entered: 06/03/2024)

06/04/2024

103 RESPONSE in Opposition re 102 First MOTION

for Extension of Time to File Response/Reply as

to 94 MOTION to Strike 84 MOTION to Take

Deposition from Atty Little, Ewell, Wheeler and

Bustamante filed by Joe Fielden, JA Fielden Inc.

(Little, J) (Entered: 06/04/2024)

06/06/2024

104 MOTION for Recusal by Sean Murphy, Denise

Pagels. (Attachments: # 1 Other Memo of Law in

support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit

C, # 5 Exhibit D, # 6 Exhibit E) (Egli, Russell)

(Entered: 06/06/2024)

06/06/2024

105 SUPPLEMENT to 104 MOTION for Recusal

Executed Declaration of Plaintiffs’ Counsel by Sean

Murphy, Denise Pagels. (Egli, Russell) Modified

to clarify filing on 6/10/2024 (DCB). (Entered:

06/06/2024)

App.52a

06/07/2024

106 SUPPLEMENT to 104 MOTION for Recusal

Complete Declaration of Denise Pagels by Denise

Pagels. (Egli, Russell) Modified to clarify filing on

6/10/2024 (DCB). (Entered: 06/07/2024)

06/07/2024

107 SUPPLEMENT to 104 MOTION for Recusal

Complete Declaration of Sean Murphy by Sean

Murphy. (Egli, Russell) Modified to clarify filing

on 6/10/2024 (DCB). (Entered: 06/07/2024)

06/12/2024

108 NOTICE by Sean Murphy re 104 MOTION for

Recusal SUPPLEMENT (Egli, Russell) (Entered:

06/12/2024)

06/13/2024

109 RESPONSE to Motion re 104 MOTION for Recusal

filed by Kirk Swot (Duncan, Annie) (Entered:

06/13/2024)

06/14/2024

110 Second MOTION for Extension of Time to File

Response/Reply as to 94 MOTION to Strike 84

MOTION to Take Deposition from Atty Little,

Ewell, Wheeler and Bustamante by Sean Murphy.

(Egli, Russell) (Entered: 06/14/2024)

06/18/2024

111 RESPONSE in Opposition re 110 Second MOTION

for Extension of Time to File Response/Reply as

to 94 MOTION to Strike 84 MOTION to Take

Deposition from Atty Little, Ewell, Wheeler and

Bustamante filed by Joe Fielden, JA Fielden Inc.

(Little, J) (Entered: 06/18/2024)

App.53a

06/18/2024

112 MOTION to Strike 104 MOTION for Recusal

and, in the Alternative, Response to Plaintiffs’

Motion to Recuse by Joe Fielden, JA Fielden Inc.

(Little, J) (Entered: 06/18/2024)

06/18/2024

113 RESPONSE in Opposition re 104 MOTION for

Recusal filed by Biddle Farms Residential LLC.

(Swartwood, Garrett) (Entered: 06/18/2024)

06/18/2024

114 RESPONSE in Opposition re 94 MOTION to

Strike 84 MOTION to Take Deposition from Atty

Little, Ewell, Wheeler and Bustamante , 83

MOTION for Attorney Fees filed by Sean Murphy.

(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6

Exhibit F, # 7 Exhibit G)(Egli, Russell) (Entered:

06/18/2024)

06/19/2024

115 RESPONSE in Opposition re 104 MOTION for

Recusal filed by Louise Povlin, Town of Farragut,

Ron Williams. (Bibb, Brian) (Entered: 06/19/2024)

06/19/2024

116 RESPONSE in Opposition re 104 MOTION for

Recusal filed by Farragut Business Alliance Inc.

(Statum, Fred) (Entered: 06/19/2024)

06/20/2024

117 REPLY to Response to Motion re 104 MOTION

for Recusal Document 109 not listed filed by

Sean Murphy. (Egli, Russell) (Entered: 06/20/2024)

App.54a

06/24/2024

118 REPLY to Response to Motion re 94 MOTION to

Strike 84 MOTION to Take Deposition from Atty

Little, Ewell, Wheeler and Bustamante (Reply to

Plaintiffs’ Response Doc. 114) filed by Joe Fielden,

JA Fielden Inc. (Attachments: # 1 Exhibit)(Little,

J) (Entered: 06/24/2024)

06/26/2024

119 ORDER REFERRING MOTION: 83 MOTION for

Attorney Fees filed by JA Fielden Inc, Joe

Fielden. The Court will deny the motion 104 , The

Court will deny as moot 112, the Court will deny

85 87 .Signed by District Judge Travis R

McDonough on June 26, 2024. (SAC) (Entered:

06/26/2024)

06/26/2024

120 To the extent Plaintiffs seek the recusal of the

Magistrate Judge [see Doc. 104 p. 2], they have

presented no basis for recusal; therefore, the

Magistrate Judge declines to recuse from this

matter. Signed by Magistrate Judge Jill E McCook

on 6/26/2024. (This entry constitutes the complete

Order of the Court.) (AGA) (Entered: 06/26/2024)

06/28/2024

121 MOTION for Leave to File SurReply by Sean

Murphy. (Attachments: # 1 Exhibit A Proposed

Document)(Egli, Russell) (Entered: 06/28/2024)

07/15/2024

122 RESPONSE to Motion re 121 MOTION for Leave

to File SurReply filed by Joe Fielden, JA Fielden

Inc. (Attachments: # 1 Exhibit 1) (Little, J)

(Entered: 07/15/2024)

App.55a

07/16/2024

123 PETITION for Writ of Mandamus by Sean

Murphy, Denise Pagels (MKM) (Entered:

07/18/2024)

07/17/2024

124 USCA Letter re: petition for writ of mandamus,

with Case Number 24-5646 for USCA, Sixth

Circuit. (BJL) (Entered: 07/18/2024)

07/25/2024

125 NOTICE OF APPEAL as to 82 Judgment, 119

Order Referring Motion„ Terminate Deadlines

and Hearings, 81 Order on Motion to Dismiss,

Order on Motion for Judgment on the Pleadings,

by Sean Murphy. Filing fee $605, receipt number

ATNEDC-5739562. (Egli, Russell)

(Entered: 07/25/2024)

07/30/2024

126 MOTION to Dismiss Plaintiffs’ Notice of Appeal

by Joe Fielden, JA Fielden Inc. (Little, J) (Entered:

07/30/2024)

07/30/2024

127 MOTION to Strike 125 Notice of Appeal, by Biddle

Farms Residential LLC. (Swartwood, Garrett)

(Entered: 07/30/2024)

08/01/2024

128 USCA Case Number 24-5678 for 125 Notice of

Appeal, filed by Sean Murphy. (MKM) (Entered:

08/01/2024)

08/05/2024

129 MOTION to Dismiss or Strike Notice of Appeal by

Kirk Swot (Duncan, Annie) (Entered: 08/05/2024)

App.56a

08/05/2024

130 MOTION to Dismiss /Strike Notice of Appeal by

Farragut Business Alliance Inc. (Statum, Fred)

(Entered: 08/05/2024)

08/15/2024

131 MOTION to Strike 125 Notice of Appeal, by

Republic Newspapers Inc. (Hollow, Richard)

(Entered: 08/15/2024)

08/22/2024

132 MOTION Correct Trial Court Record by Sean

Murphy, Denise Pagels. (Egli, Russell) (Entered:

08/22/2024)

10/27/2024

133 NOTICE OF REMOVAL from Knox County

Chancery Court, case number 209632-3. (Filing

fee $ 405 receipt number ATNEDC-5821550),

filed by Denise Pagels, Sean Murphy.(Egli, Russell)

(Entered: 10/27/2024)

10/28/2024

134 ORDER re 133 Notice of Removal filed by Sean

Murphy, Denise Pagels. The Clerk is hereby DIRECTED to open a new case for Plaintiffs removal

of the state action. Signed by District Judge Travis

R McDonough on 10/28/2024. (DCB) (Entered:

10/28/2024)

10/28/2024

New case opened per 134 Order (Case No. 3:24CV-00437). (DCB) (Entered: 10/28/2024)

App.57a

12/16/2024

135 ORDER denying 126 Motion to Dismiss; denying

127 Motion to Strike; denying 129 Motion to

Dismiss; denying 130 Motion to Dismiss; denying

131 Motion to Strike. Signed by District Judge

Travis R McDonough on 12/16/2024. (DCB)

(Entered: 12/16/2024)

12/17/2024

136 REPORT AND RECOMMENDATION re 83

MOTION for Attorney Fees, 84 MOTION to Take

Deposition from Atty Little, Ewell, Wheeler and

Bustamante, 94 MOTION to Strike, 102 First

MOTION for Extension of Time to File

Response/Reply as to 94 MOTION to Strike, 110

Second MOTION for Extension of Time to File

Response/Reply as to 94 MOTION to Strike, 121

MOTION for Leave to File SurReply. Signed by

Magistrate Judge Jill E McCook on 12/17/2024.

(DCB) (Entered: 12/17/2024)

12/23/2024

137 USCA JUDGMENT as to 123 Petition for Writ of

Mandamus filed by Sean Murphy. IT IS HEREBY ORDERED that the petition for a writ of mandamus is DENIED, and that this matter is DISMISSED. (MKM) (Entered: 12/23/2024)

12/23/2024

138 ORDER of USCA as to 125 Notice of Appeal, filed

by Sean Murphy. The December 17, 2024, motion

to supplement is DENIED, the remaining motions

to supplement are GRANTED, and the petition

for a writ of mandamus is DENIED. In No. 245678, the motions to dismiss are GRANTED and

the remaining motions are DENIED AS MOOT.

(MKM) (Entered: 12/23/2024)

App.58a

12/23/2024

139 USCA JUDGMENT as to 125 Notice of Appeal,

filed by Sean Murphy. IT IS HEREBY ORDERED

that this matter is DISMISSED. (MKM) (Entered:

12/23/2024)

01/10/2025

140 ORDER accepting and adopting Report and

Recommendations re 136 Report and Recommendations; denying 83 Motion for Attorney Fees;

denying as moot 84 Motion to Take Deposition;

denying as moot 94 Motion to Strike; denying as

moot 102 Motion for Extension of Time to File

Response/Reply; denying as moot 110 Motion for

Extension of Time to File Response/Reply; denying

as moot 121 Motion for Leave to File Document.

Signed by District Judge Travis R McDonough on

1/10/2025. (DCB) (Entered: 01/10/2025)

01/29/2025

141 ORDER denying as moot 132 Motion Correct

Trial Court Record. Signed by District Judge

Travis R McDonough on 1/29/2025. (DCB)

(Entered: 01/29/2025)

App.59a

DOCKET, U.S. COURT OF APPEALS

FOR THE SIXTH CIRCUIT

(JULY 31, 2024)

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

________________________

Court of Appeals Docket #: 24-5678

Nature of Suit: 3440 Civil Rights: Other

Sean Murphy, et al v. Farragut, TN, et al

Appeal From: Eastern District of Tennessee at

Knoxville

Fee Status: fee paid

Docketed: 07/31/2024

Termed: 12/20/2024

Case Type Information:

1) Civil

2) Private

3) Civil Rights

Originating Court Information:

District: 0649-3 : 3:23-cv-00402

Trial Judge: Travis Randall McDonough,

Chief District Judge

Date Filed: 11/08/2023

Date Order/Judgment: 06/26/2024

Date NOA Filed: 07/25/2024

Prior Cases: None

Current Cases: Consolidated

Lead – 24-5646

Member – 24-5678

App.60a

Start – 07/31/2024

End –

Plaintiff-Appellant

SEAN MURPHY, on behalf of V.M., A.M.,

E.M., A.M.

Russell Lee Egli

Direct: 865-304-4125

[COR LD NTC Retained]

Egli Law

Firm: 865-274-8872

11109 Lake Ridge Drive Third Floor

Knoxville, TN 37934

Plaintiff-Appellant

DENISE PAGELS, on behalf of V.M., A.M.,

E.M., A.M. Russell Lee Egli

Direct: 865-304-4125

[COR LD NTC Retained] (see above)

v.

Defendant-Appellee

FARRAGUT, TN

Benjamin K. Lauderback

Direct: 865-637-1700

[COR LD NTC Retained]

Watson Roach Batson & Lauderback

Firm: 865-637-1700

900 S Gay Street

Knoxville, TN 37902

Brian Robert Bibb

Direct: 865-637-1700

[COR NTC Retained]

Watson Roach Batson & Lauderback

App.61a

Firm: 865-637-1700

Defendant-Appellee 900 S Gay Street

Knoxville, TN 37902

Thomas M. Hale

Direct: 865-525-5134

[COR NTC Retained] Kramer Rayson

Firm: 865-525-5134

800 S. Gay Street Suite 2500

Knoxville, TN 37929

James Snodgrass

Direct: 865-525-5134

[COR NTC Retained]

Kramer Rayson

Firm: 865-525-5134

800 S. Gay Street Suite 2500

Knoxville, TN 37929

Defendant-Appellee

MAYOR RON WILLIAMS, in both official

and individual capacities

Benjamin K. Lauderback

Direct: 865-637-1700

[COR LD NTC Retained] (see above)

Brian Robert Bibb

Direct: 865-637-1700

[COR NTC Retained] (see above)

Thomas M. Hale

Direct: 865-525-5134

[COR NTC Retained] (see above)

James Snodgrass

Direct: 865-525-5134

[COR NTC Retained] (see above)

App.62a

Defendant-Appellee

VICE-MAYOR LOUISE POVLIN, in both

official and individual capacities

Benjamin K. Lauderback

Direct: 865-637-1700

[COR LD NTC Retained] (see above)

Brian Robert Bibb

Direct: 865-637-1700

[COR NTC Retained] (see above)

Thomas M. Hale

Direct: 865-525-5134

[COR NTC Retained] (see above)

James Snodgrass

Direct: 865-525-5134

[COR NTC Retained] (see above)

Defendant-Appellee

JA FIELDEN, INC.

James Ford Little

Direct: 865-215-1000

[COR LD NTC Retained]

Woolf, McClane, Bright, Allen & Carpenter

P.O. Box 900

Knoxville, TN 37902

Grace Ewell

Direct: 865-215-1000

[COR NTC Retained]

Woolf, McClane, Bright, Allen & Carpenter

P.O. Box 900

Knoxville, TN 37902

Samuel Cole Wheeler

Direct: 865-215-1000

App.63a

[COR NTC Retained]

Woolf, McClane, Bright, Allen & Carpenter

P.O. Box 900

Knoxville, TN 37902

Defendant-Appellee

REPUBLIC NEWSPAPERS, INC.,

dba Farragut Press Enterprise

Richard L. Hollow

Direct: 865-769-1715

[COR LD NTC Retained]

Hollow & Hollow

Firm: 865-769-1709

P.O. Box 22578

Knoxville, TN 37933

Defendant-Appellee

JOE FIELDEN

James Ford Little

Direct: 865-215-1000

[COR LD NTC Retained] (see above)

Grace Ewell

Direct: 865-215-1000

[COR NTC Retained] (see above)

Samuel Cole Wheeler

Direct: 865-215-1000

[COR NTC Retained] (see above)

Defendant-Appellee

KIRK SWOR

App.64a

Annie Scott Duncan

Direct: 865-544-3833

[COR NTC Retained]

Stokes, Williams, Sharp, Cope & Mann

920 Volunteer Landing Lane

Suite 100

Knoxville, TN 37915

Ellis A. Sharp

Direct: 865-544-3833

[COR NTC Retained]

Stokes, Williams, Sharp, Cope & Mann

920 Volunteer Landing Lane

Suite 100

Knoxville, TN 37915

Defendant-Appellee

FARRAGUT BUSINESS ALLIANCE, INC.

Fred Carney Statum, III

Direct: 615-742-9420

[COR LD NTC Retained] Manier & Herod

Firm: 615-244-0030

1201 Demonbreun Street

Suite 900

Nashville, TN 37219

Defendant-Appellee

BIDDLE FARMS RESIDENTIAL, LLC

Garrett P. Swartwood

Direct: 865-584-4040

[COR LD NTC Retained]

Long, Ragsdale & Waters

1111 N. Northshore Drive

Suite 700

Knoxville, TN 37919

App.65a

Defendant-Appellee

KNOX COUNTY, TN

Terminated: 08/30/2024

***

07/31/2024

1

Civil Case Docketed. Notice filed by Appellants

Sean Murphy and Denise Pagels. Transcript

needed: n. (RO) [Entered: 07/31/2024 10:26 AM]

07/31/2024

2

The case manager for this case is: Ryan Orme

(RO) [Entered: 07/31/2024 10:29 AM]

07/31/2024

3

BRIEFING LETTER SENT setting briefing

schedule: appellant brief due 09/09/2024; appellee

brief due 10/09/2024. (RO) [Entered: 07/31/2024

10:29 AM]

08/01/2024

4

MEDIATION OFFICE is involved in this appeal.

VIDEO CONFERENCE: A Mediation conference

has been scheduled for 08/23/2024 at 9:30 AM

(ET) with John A. Minter. [Please open notice for

important details and deadlines.] (CAW) [Entered:

08/01/2024 10:20 AM]

08/08/2024

5

***LOCKED - must be refiled as a motion to hold

briefing in abeyance*** FILED: Motion for Stay

of Briefing Schedule to allow for Submission of

Proposed Statement of Evidence by Mr. Russell

Lee Egli for Sean Murphy and Denise Pagels.

Certificate of Service: 08/08/2024. [24-5678]–

App.66a

[Edited 08/09/2024 by REO] (RLE) [Entered:

08/08/2024 08:57 PM]

08/10/2024

6

***LOCKED - must be refiled as a motion to hold

briefing in abeyance*** Corrected second

successive motion filed by Mr. Russell Lee Egli

for Sean Murphy and Denise Pagels. If the respondent chooses to file a response, it is due in 14

days. Certificate of Service: 08/10/2024. [24-5678]–

[Edited 08/12/2024 by REO] (RLE) [Entered:

08/10/2024 12:57 AM]

08/13/2024

7

APPEARANCE filed for Appellants Sean Murphy

and Denise Pagels by Russ Egli. Certificate of

Service: 08/13/2024. [24-5678] (RLE) [Entered:

08/13/2024 02:07 PM]

08/13/2024

8

MOTION filed by Mr. Russell Lee Egli for Sean

Murphy and Denise Pagels to extend time to file

brief. Certificate of Service: 08/13/2024. [24-5678]

(RLE) [Entered: 08/13/2024 02:26 PM]

08/14/2024

9

VIDEO CONFERENCE: The Mediation conference

has been rescheduled for 09/03/2024 at 2:00 PM

(ET) with John A. Minter. [Please open notice for

important details and deadlines.] (LMR) [Entered:

08/14/2024 09:14 AM]

08/14/2024

10 BRIEFING LETTER SENT by Mediation Office,

resetting briefing schedule: appellant brief now

due 09/17/2024. appellee brief now due 10/17/2024.

(LMR) [Entered: 08/14/2024 09:15 AM]

App.67a

08/14/2024

11 APPEARANCE filed for Appellees Joe Fielden

and JA Fielden, Inc. by J. Ford Little. Certificate

of Service: 08/14/2024. [24-5678] (JFL) [Entered:

08/14/2024 10:47 AM]

08/14/2024

12 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: J. Ford Little; Joe Fielden and

JA Fielden, Inc. makes the following disclosure:

1. Is said party a subsidiary or affiliate of a

publicly owned corporation? No. 2. Is there a

publicly owned corporation, not a party to the

appeal, with a financial interest in the outcome?

No. Certificate of Service: 08/14/2024. [24-5678]

(JFL) [Entered: 08/14/2024 10:51 AM]

08/14/2024

13 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: J. Ford Little; Joe Fielden

makes the following disclosure: 1. Is said party a

subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial

interest in the outcome? No. Certificate of Service:

08/14/2024. [24-5678] (JFL) [Entered: 08/14/2024

10:53 AM]

08/14/2024

14 MOTION filed by Mr. James Ford Little for Joe

Fielden and JA Fielden, Inc. to dismiss the appeal

Certificate of Service: 08/14/2024. [24-5678] (JFL)

[Entered: 08/14/2024 11:11 AM]

08/14/2024

15 ***LOCKED - documents that are a part of the

electronic record should not be filed*** EXHIBIT

App.68a

FILED by Mr. James Ford Little for Joe Fielden

and JA Fielden, Inc. consisting of Appendix to

Defendants/Appellees JA Fielden, Inc. and Joe

Fielden's Motion To Dismiss Appeal. Certificate

of Service: 08/14/2024. [24-5678]–[Edited 08/14/

2024 by REO] (JFL) [Entered: 08/14/2024 11:13

AM]

08/14/2024

16 ***LOCKED - please refile using correct PACER

account* APPEARANCE filed for Appellee Kirk

Swor by Ellis A. Sharp. Certificate of Service:

08/14/2024. [24-5678]–[Edited 08/14/2024 by REO]

(ASD) [Entered: 08/14/2024 11:22 AM]

08/14/2024

17 APPEARANCE filed for Appellee Kirk Swor by

Annie S. Duncan. Certificate of Service: 08/14/

2024. [24-5678] (ASD) [Entered: 08/14/2024 11:24

AM]

08/14/2024

18 APPEARANCE filed for Appellee Kirk Swor by

Ellis A. Sharp. Certificate of Service: 08/14/2024.

[24-5678] (EAS) [Entered: 08/14/2024 11:52 AM]

08/14/2024

19 RULING LETTER SENT to hold briefing in

abeyance pending a ruling on the motion to

dismiss. (RO) [Entered: 08/14/2024 11:53 AM]

08/14/2024

20 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: Ellis A. Sharp; Kirk Swor

makes the following disclosure: 1. Is said party a

subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial

App.69a

interest in the outcome? no Certificate of Service:

08/14/2024. [24-5678] (EAS) [Entered: 08/14/2024

12:27 PM]

08/14/2024

21 APPEARANCE filed for Appellees Farragut, TN,

Louise Povlin and Ron Williams by Benjamin K.

Lauderback. Certificate of Service: 08/14/2024.

[24-5678] (BKL) [Entered: 08/14/2024 12:36 PM]

08/14/2024

22 APPEARANCE filed for Appellee Farragut Business Alliance, Inc. by Fred C. Statum, III. Certificate of Service: 08/14/2024. [24-5678] (FCS)

[Entered: 08/14/2024 12:46 PM]

08/14/2024

23 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: Benjamin K. Lauderback;

Farragut, TN makes the following disclosure: 1.

Is said party a subsidiary or affiliate of a publicly

owned corporation? No. 2. Is there a publicly

owned corporation, not a party to the appeal,

with a financial interest in the outcome? No. Certificate of Service: 08/14/2024. [24-5678] (BKL)

[Entered: 08/14/2024 12:46 PM]

08/14/2024

24 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: Benjamin K. Lauderback;

Louise Povlin makes the following disclosure: 1.

Is said party a subsidiary or affiliate of a publicly

owned corporation? No. 2. Is there a publicly

owned corporation, not a party to the appeal,

with a financial interest in the outcome? No. Certificate of Service: 08/14/2024. [24-5678] (BKL)

[Entered: 08/14/2024 12:48 PM]

App.70a

08/14/2024

25 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: Fred C. Statum, III; Farragut

Business Alliance, Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of

a publicly owned corporation? NO 2. Is there a

publicly owned corporation, not a party to the

appeal, with a financial interest in the outcome?

NO Certificate of Service: 08/14/2024. [24-5678]

(FCS) [Entered: 08/14/2024 12:48 PM]

08/14/2024

26 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: Benjamin K. Lauderback; Ron

Williams makes the following disclosure: 1. Is

said party a subsidiary or affiliate of a publicly

owned corporation? No. 2. Is there a publicly

owned corporation, not a party to the appeal, with

a financial interest in the outcome? No. Certificate of Service: 08/14/2024. [24-5678] (BKL)

[Entered: 08/14/2024 12:50 PM]

08/14/2024

27 APPEARANCE filed for Appellees Farragut, TN,

Louise Povlin and Ron Williams by Brian R. Bibb.

Certificate of Service: 08/14/2024. [24-5678] (BRB)

[Entered: 08/14/2024 12:54 PM]

08/14/2024

28 APPEARANCE filed for Appellee Biddle Farms

Residential, LLC by Garrett P. Swartwood. Certificate of Service: 08/14/2024. [24-5678] (GPS)

[Entered: 08/14/2024 03:23 PM]

08/14/2024

29 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: Garrett P. Swartwood; Biddle

App.71a

Farms Residential, LLC makes the following disclosure: 1. Is said party a subsidiary or affiliate of

a publicly owned corporation? No 2. Is there a

publicly owned corporation, not a party to the

appeal, with a financial interest in the outcome?

No Certificate of Service: 08/14/2024. [24-5678]

(GPS) [Entered: 08/14/2024 03:27 PM]

08/14/2024

30 APPEARANCE filed for Appellee Republic

Newspapers, Inc. by Richard L. Hollow. Certificate

of Service: 08/14/2024. [24-5678] (RLH) [Entered:

08/14/2024 04:19 PM]

08/14/2024

31 CORPORATE DISCLOSURE STATEMENT.

Name of Counsel: Richard L. Hollow; Republic

Newspapers, Inc. makes the following disclosure:

1. Is said party a subsidiary or affiliate of a

publicly owned corporation? No 2. Is there a

publicly owned corporation, not a party to the

appeal, with a financial interest in the outcome?

No Certificate of Service: 08/14/2024. [24-5678]

(RLH) [Entered: 08/14/2024 04:28 PM]

08/15/2024

32 CIVIL APPEAL STATEMENT OF PARTIES AND

ISSUES filed by Attorney Mr. Russell Lee Egli for

Appellants Sean Murphy and Denise Pagels. Is

this case a cross-appeal? No; Has this case or a

related one been before this court previously?

Yes; Case Name: Writ of Mandamus, Citation:

24-5645; Was this case mediated through the

court's program: No; Parties Against Whom this

Appeal is Being Taken: Biddle Farms Residential,

LLC, Farragut Business Alliance, Inc., Farragut,

TN, Joe Fielden, JA Fielden, Inc., Knox County,

App.72a

TN, Louise Povlin, Republic Newspapers, Inc.,

Kirk Swor, Ron Williams and Sean Murphy and

Denise Pagels ; Issues: See attachment to Civil

Appeal Statement. Certificate of Service: 08/15/

2024. [245678] (RLE) [Entered: 08/15/2024 04:52

PM]

08/16/2024

33 APPEARANCE filed for Appellees Joe Fielden

and JA Fielden, Inc. by S. Cole Wheeler. Certificate

of Service: 08/16/2024. [24-5678] (SCW) [Entered:

08/16/2024 07:35 AM]

08/16/2024

34 ***LOCKED - must be filed using correct PACER

account*** APPEARANCE filed for Appellees

Joe Fielden and JA Fielden, Inc. by Grace Malone

Ewell. Certificate of Service: 08/16/2024. [245678]–[Edited 08/16/2024 by REO] (SCW)

[Entered: 08/16/2024 08:04 AM]

08/16/2024

35 APPEARANCE filed for Appellees Joe Fielden

and JA Fielden, Inc. by Grace Malone Ewell. Certificate of Service: 08/16/2024. [24-5678] (JFL)

[Entered: 08/16/2024 11:11 AM]

08/20/2024

36 MOTION filed by Mr. Brian Robert Bibb for

Farragut, TN, Louise Povlin and Ron Williams to

dismiss case for lack of jurisdiction. Certificate of

Service: 08/20/2024. [24-5678] (BRB) [Entered:

08/20/2024 03:15 PM]

08/22/2024

37 MOTION filed by Ms. Annie Scott Duncan for

Kirk Swor to dismiss case for lack of jurisdiction.

App.73a

Certificate of Service: 08/22/2024. [24-5678] (ASD)

[Entered: 08/22/2024 09:54 AM]

08/22/2024

38 ***LOCKED - must be refiled as a motion for

extension of time to file brier** CERTIFIED

SUPPLEMENTAL LIST filed. Certificate of

Service: 08/22/2024. [24-5678]–[Edited 08/23/2024

by REO] (RLE) [Entered: 08/22/2024 03:52 PM]

08/23/2024

39 MOTION filed by Mr. Russell Lee Egli for Sean

Murphy and Denise Pagels to extend time to file

brief. Certificate of Service: 08/23/2024. [24-5678]

(RLE) [Entered: 08/23/2024 03:07 PM]

08/23/2024

40 RULING LETTER SENT declaring as moot motion

to extend time to file brief [M] filed by Mr. Russell

Lee Egli. Briefing is in abeyance pending a ruling

on the motions to dismiss. (GSA)

[Entered: 08/23/2024 03:39 PM]

08/26/2024

41 LOCKED ** PLEASE REFILE AS A MOTION

AND SELECT APPROPRIATE RELIEF **

LETTER filed by• Mr. Russell Lee Egli for Sean

Murphy and Denise Pagels regarding Certificate

of Service: 08/26/2024. [24-5678]–[Edited 08/27/

2024 by GSA] (RLE) [Entered: 08/26/2024 05:44

PM]

08/26/2024

42 MOTION to extend time to Respond to Motions to

Dismiss Appeal filed by Appellees and

RESPONSE filed by Mr. Russell Lee Egli for

Sean Murphy and Denise Pagels. RESPONSE in

opposition filed regarding a motion to dismiss -

App.74a

jurisdiction, [37]; previously filed by Ms. Annie

Scott Duncan for Kirk Swor, regarding a motion

to dismiss - jurisdiction, [26]; previously filed by

Mr. Brian Robert Bibb for Farragut, TN, Ron

Williams and Louise Povlin, regarding a motion

to dismiss case (other), [14]; previously filed by

Mr. James Ford Little for JA Fielden, Inc. and Joe

Fielden. Certificate of Service: 08/26/2024. [245678] (RLE) [Entered: 08/26/2024 10:00 PM]

08/27/2024

43 ORDER filed : Appellants' motion to extend time

to file one response to all appellees' motions to

dismiss [42] is GRANTED. The response is due

no later than Friday, September 6, 2024. (GSA)

[Entered: 08/27/2024 11:57 AM]

08/27/2024

44 MOTION filed by Mr. Garrett P. Swartwood for

Biddle Farms Residential, LLC to dismiss case

for lack of jurisdiction. Certificate of Service:

08/27/2024. [24-5678] (GPS) [Entered: 08/27/2024

05:14 PM]

08/28/2024

45 MOTION filed by Mr. Richard L. Hollow for

Republic Newspapers, Inc. to dismiss, strike and

disallow the notice of appeal of plaintiffs-appellants. Certificate of Service: 08/28/2024. [245678]–[Edited 08/28/2024 by GSA] (RLH)

[Entered: 08/28/2024 04:17 PM]

08/29/2024

46 MOTION filed by Mr. Fred Carney Statum, Ill for

Farragut Business Alliance, Inc. to dismiss

Defendant/Appellee Farragut Business Alliance,

Inc.'s Motion to Dismiss Appeal Certificate of

App.75a

Service: 08/29/2024. [24-5678] (FCS) [Entered:

08/29/2024 11:10 AM]

08/30/2024

47 LETTER SENT to Mr. Russell Lee Egli for Sean

Murphy and Denise Pagels, Mr. Brian Robert

Bibb for Farragut, TN, Ron Williams and Louise

Povlin, Ms. Annie Scott Duncan for Kirk Swor,

Ms. Grace Ewell for JA Fielden, Inc. and Joe

Fielden, Mr. Richard L. Hollow for Republic

Newspapers, Inc., Mr. Benjamin K. Lauderback

for Farragut, TN, Ron Williams and Louise

Povlin, Mr. James Ford Little for JA Fielden, Inc.

and Joe Fielden, Mr. Ellis A. Sharp for Kirk Swor,

Mr. Fred Carney Statum, Ill for Farragut Business

Alliance, Inc., Mr. Garrett P. Swartwood for

Biddle Farms Residential, LLC and Mr. Samuel

Cole Wheeler for JA Fielden, Inc. and Joe Fielden,

regarding amended caption. (RO) [Entered:

08/30/2024 02:44 PM]

08/30/2024

48 MOTION filed by Mr. Russell Lee Egli for Sean

Murphy and Denise Pagels to extend time to file

brief. Certificate of Service: 08/30/2024. [24-5678]

(RLE) [Entered: 08/30/2024 03:00 PM]

09/06/2024

49 Mediation Office is no longer involved in this

appeal. (MLB) [Entered: 09/06/2024 11:22 AM]

09/06/2024

50 MOTION filed by Mr. Russell Lee Egli for Sean

Murphy and Denise Pagels to extend time Certificate of Service: 08/06/2024. [24-5678] (RLE)

[Entered: 09/06/2024 11:29 PM]

App.76a

10/27/2024

51 MOTION filed by Mr. Russell Lee Egli for Sean

Murphy and Denise Pagels to stay Knox County

Chancery Court with respect to the Defendant

herein Town of Farragut proceeding. Certificate

of Service: 10/27/2024. [24-5678] (RLE) [Entered:

10/27/2024 08:26 PM]

11/06/2024

52 APPEARANCE filed for Appellees Farragut, TN,

Louise Povlin and Ron Williams by Thomas M.

Hale. Certificate of Service: 11/06/2024. [24-5678]

(TMH) [Entered: 11/06/2024 11:34 AM]

11/06/2024

53 APPEARANCE filed for Appellees Farragut, TN,

Louise Povlin and Ron Williams by James T.

Snodgrass. Certificate of Service: 11/06/2024. [245678] (JS) [Entered: 11/06/2024 12:13 PM]

11/06/2024

54 RESPONSE in opposition filed regarding a motion,

[51]; previously filed by Mr. Russell Lee Egli for

Sean Murphy and Denise Pagels. Response from

Attorney Mr. Thomas M Hale for Appellees

Farragut, TN, Louise Povlin and Ron Williams.

Certificate of Service: 11/06/2024. [24-5678] (TMH)

[Entered: 11/06/2024 03:22 PM]

12/20/2024

55 ORDER filed: the motions to dismiss are

GRANTED and the remaining motions are

DENIED AS MOOT. No mandate to issue. Alice

M. Batchelder, Circuit Judge; R. Guy Cole, Jr.,

Circuit Judge and John K. Bush, Circuit Judge.

(RO) [Entered: 12/20/2024 04:00 PM]

App.77a

12/20/2024

56 ENTRY OF JUDGMENT. (RO) [Entered: 12/20/

2024 04:00 PM]

01/13/2025

57 ***LOCKED - Please refile as a petition for rehearing or rehearing en banc; the petition is late,

a motion for an extension of time must also be

filed separately*** MOTION filed by Mr. Russell

Lee Egli for Sean Murphy and Denise Pagels for

Minors as well Certificate of Service: 01/13/2025.

[24-5678]–[Edited 01/14/2025 by REO] (RLE)

[Entered: 01/13/2025 06:06 PM]

01/13/2025

58 PETITION for en banc rehearing filed by Mr.

Russell Lee Egli for Sean Murphy and Denise

Pagels. Certificate of Service: 01/13/2025. [24-5646,

24-5678] (Also, see previous entry filed this

date). (BLH) [Entered: 05/09/2025 12:39 PM]