docket report seventh day adventist churc v walter mcgill

7/31/2019 Docket Report Seventh Day Adventist Churc v Walter McGill

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CLOSED

U.S. District Court

Western District of Tennessee (Jackson)

CIVIL DOCKET FOR CASE #: 1:06-cv-01207-JDB-egb

General Conference Corporation of Seventh-Day Adventists et al

v. McGill et al

Assigned to: Judge J. Daniel Breen

Referred to: Magistrate Judge Edward G. Bryant

Related Cases: 1:11-mc-00003-JDB-egb

1:12-mc-00005-JDB

1:12-mc-00006-JDB

Cause: 15:1114 Trademark Infringement

Date Filed: 09/22/2006

Date Terminated: 08/06/2009

Jury Demand: Defendant

Nature of Suit: 840 Trademark

Jurisdiction: Federal Question

Plaintiff

General Conference Corporation of

Seventh-Day Adventists

represented by Emily Campbell Taube

ADAMS & REESE, LLP

Brinkley Plaza

80 Monroe Avenue

Ste. 700

Memphis, TN 38103

901-524-5285

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Jeffrey A. Tew

TEW CARDENAS, LLP

Fl. 15

1441 Brickell Ave.

Miami, FL 33131

305-536-8452

Fax: 305-536-1116


TERMINATED: 11/14/2007

LEAD ATTORNEYATTORNEY TO BE NOTICED

Joel Todd Galanter

ADAMS & REESE, LLP-Nashville

424 Church Street

Suite 2800

Nashville, TN 37219

615-259-1450

ECF - U.S. District Court:tnwd https://ecf.tnwd.uscourts.gov/cgi-bin/DktRpt.pl?628412173779112

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Creation 7th Day Adventist Ministries

doing business as

Creation Ministries

doing business as

Creation 7th Day Adventists

doing business as

Spring City Remnant Church of Creation

Seventh-Day Adventistsdoing business as

Association of Creation 7th Day

Adventists

doing business as

Creation Seventh-Day Adventist Church

Denomination

doing business as

Association of Remnant Church of

Creation 7th Day Adventists

doing business asCSDA

doing business as

Creation CSDA

doing business as

Christian Academy CSDA

doing business as

Creation Seventh Day Adventist Church

PRO SE

Charles L. Holliday

LAW OFFICE OF JEFFREY A.

GARRETY

P.O. Box 10308

65 Stonebridge Blvd.

Jackson, TN 38308-0105731-668-4878

Fax: 731-668-7184



LEAD ATTORNEY


Ronald D. Michael

RONALD D. MICHAEL LAW FIRM

1700 North Second St.Booneville, MS 38829

662-728-6276



LEAD ATTORNEY


Date Filed # Docket Text09/22/2006 1 COMPLAINT against all defendants, filed by General Conference Corporation of

Seventh-Day Adventists, General Conference of Seventh-Day Adventists. (Filing

fee $ 350-rec #J29893.) (Attachments: # 1 Civil Cover Sheet # 2 Summons)(jlw, )

(Entered: 09/25/2006)

09/22/2006 Summons Issued as to Walter McGill (and returned to atty via US Mail). (jlw, )

(Entered: 09/25/2006)

09/27/2006 2 SUMMONS Returned Executed by General Conference Corporation of

Seventh-Day Adventists, General Conference of Seventh-Day Adventists. Walter

McGill served on 9/27/2006, answer due 10/17/2006. (Taube, Emily) (Entered:09/27/2006)

09/28/2006 3 NOTICE of Appearance by Lucian T. Pera on behalf of General Conference

Corporation of Seventh-Day Adventists, General Conference of Seventh-Day

Adventists (Pera, Lucian) (Entered: 09/28/2006)

10/17/2006 4 ANSWER to Complaint with Jury Demand by Walter McGill, filed pro se.(ejs, )

(Entered: 10/17/2006)

10/18/2006 5 Document erroneously entered- - please DISREGARD. wbe (Entered: 10/18/2006)


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11/29/2006 6 NOTICE of Appearance by Ronald D. Michael on behalf of all defendants

(Michael, Ronald) (Entered: 11/29/2006)

12/11/2006 7 NOTICE of Appearance by Charles L. Holliday on behalf of Walter McGill

(Holliday, Charles) (Entered: 12/11/2006)

12/12/2006 8 Text Entry/No Document - NOTICE: Scheduling Order submission deadline:

January 5, 2007. Projected trial date: December 26, 2007; pre-trial order deadline:

December 14 2007. Parties are to confer and email a proposed joint schedulingorder to: Magistrate Judge S. Thomas Anderson at

[email protected] by January 5, 2007. For guidance in

preparing the proposed scheduling order, please see Judge Anderson's Rule 16(b)

Instructions on the court's web page: tnwd.uscourts.gov. At home page, select

INSTRUCTIONS, PROCEDURES & ATTACHMENTS TO NOTICES - be sure

to choose Eastern Division Instructions (ejc, ) (Entered: 12/12/2006)

12/21/2006 9 SCHEDULING ORDER: Amended Pleadings due by 4/2/2007. Discovery due by

9/7/2007. Motions due by 9/26/2007. Proposed Pretrial Order due by 12/28/2007.

Jury Trial set for 1/7/2008 09:30 AM in Courtroom 407 - Jackson before James D.

Todd.. Signed by Judge S. Thomas Anderson on 12/21/2007. (Anderson, S.)

(Entered: 12/21/2006)

12/28/2006 10 MOTION for Leave to Appear Pro Hac Vice by Jeffrey A. Tew, on behalf of

General Conference Corporation of Seventh-Day Adventists, General Conference

of Seventh-Day Adventists. (proposed order submitted). (Attachments: # 1

Certificate of Good Standing)(ejs, ) (Entered: 12/28/2006)

12/28/2006 11 NOTICE by General Conference Corporation of Seventh-Day Adventists, General

Conference of Seventh-Day Adventists re 10 MOTION for Leave to Appear Pro

Hac Vice : pro hac vice fee paid as to Jeffrey Tew, receipt #J30157, $100. (ejs, )

(Entered: 12/28/2006)

12/28/2006 12 ORDER granting 10 MOTION FOR PERMISSION FOR ATTORNEY JEFFREY

A. TEW TO PARTICIPATE IN A PARTICULAR CASE. Signed by Judge James

D. Todd on 12/28/06. (Todd, James) (Entered: 12/28/2006)

01/18/2007 13 NOTICE by Walter McGillNotice of Service of Defendants' Initial Disclosures

(Michael, Ronald) (Entered: 01/18/2007)

01/30/2007 14 ORDER SETTING CASE FOR TRIAL - Jury Trial set for 1/7/2008 09:30 AM in

Courtroom 432 - Jackson before Judge James D. Todd.JPTO due 12/28/2007.(ejc, )

(Entered: 01/30/2007)

02/06/2007 15 NOTICE by Walter McGillNotice of Service of Defendants' Initial Disclosure

Documents (Michael, Ronald) (Entered: 02/06/2007)

02/09/2007 16 NOTICE by Walter McGillNotice of Service of Discovery Responses (Michael,

Ronald) (Entered: 02/09/2007)

04/20/2007 17 NOTICE to Take Deposition of Walter McGill by General Conference Corporation

of Seventh-Day Adventists, General Conference of Seventh-Day Adventists.(Pera,

Lucian) (Entered: 04/20/2007)


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04/24/2007 18 NOTICE to Take Deposition of Walter McGill by General Conference Corporation

of Seventh-Day Adventists, General Conference of Seventh-Day Adventists.

(Taube, Emily) (Entered: 04/24/2007)


Conference of Seventh-Day Adventists of Deposition of Walter McGill(Taube,

Emily) (Entered: 04/27/2007)

04/30/2007 20 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure,document 19 Notice (Other) filed by General Conference Corporation of

Seventh-Day Adventists, General Conference of Seventh-Day Adventists, has been

filed. For future reference, please note: counsel is advised there is a docket event

"Notice to Take Deposition" under "Discovery" choices, which would have been

the more appropriate event to use in this instance, rather than the generic "Notice-

Other." Filer is not required to resubmit document. (ejs, ) (Entered: 04/30/2007)


Conference of Seventh-Day Adventists re 9 Scheduling Order, of Filing Expert

Reports (Attachments: # 1 Plaintiffs' Expert Report: George W. Reid, ThD# 2

George W. Reid Report continued# 3 Plaintiffs' Expert Report: Harry W. O'Neill# 4

ONeill report continued# 5 ONeill report continued# 6 ONeill report

continued)(Tew, Jeffrey) (Entered: 07/06/2007)

08/06/2007 22 NOTICE by Walter McGillDefendant's Notice of Filing Expert Report

(Attachments: # 1 Defendant's Expert Report of Colin Standish/Vitae# 2 Colin

Standish trial testimony)(Michael, Ronald) (Entered: 08/06/2007)

08/08/2007 23 NOTICE by Walter McGillNotice of Service of Defendants Supplemental

Responses to First Set of Interrogatories (Michael, Ronald) (Entered: 08/08/2007)

08/08/2007 24 NOTICE by Walter McGillNotice of Service of Defendants' Supplemental InitialDisclosures (Michael, Ronald) (Entered: 08/08/2007)

08/22/2007 25 MOTION to Amend/Correct 9 Scheduling Order,proposed order submittedby


of Seventh-Day Adventists, Walter McGill. (Attachments: # 1 Exhibit A:

Defendant's Supplemental Initial Disclosures)(Taube, Emily) (Entered:

08/22/2007)

08/23/2007 26 AMENDED RULE 16(b) SCHEDULING ORDER25 . Signed by Judge James D.

Todd on 8/23/07. (Todd, James) (Entered: 08/23/2007)

08/23/2007 Set/Reset Scheduling Order Deadlines: Discovery due by 10/12/2007. Motions due

by 10/31/2007. (ejs, ) (Entered: 08/30/2007)

08/29/2007 27 STIPULATIONJoint Stipulation Regarding Persons Named By Defendant as

Individuals With Knowledge of Any of Defendant's Defenses in This Action by


of Seventh-Day Adventists, Walter McGill. (Taube, Emily) (Entered: 08/29/2007)

08/30/2007 28 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil

Procedure, document 27 Stipulation, filed by General Conference Corporation of


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Seventh-Day Adventists, General Conference of Seventh-Day Adventists,, Walter

McGill, has been filed. However, the following deficiencies have been found:

signatures of counsel are not in compliance with this court's ECF requirements; i.e.,

original, or hand-written, signatures are not to be utilized, but rather "electronic"

signatures. In the future, please ensure that signatures are typed with "s/" preceding

counsel's name (i.e., s/Name of Counsel). Also, document does not contain

Certificate of Service, required by this court's LR 5.2(e). Please file a Certificate of

Service referencing this pleading. Docket event sequence: Service of Process -Certificate of Service. Please do NOT re-file the Stipulation. No corrective action is

necessary regarding the signatures. (ejs, ) (Entered: 08/30/2007)


Conference of Seventh-Day Adventists re 27 Stipulation, (Attachments: # 1 Errata

To Joint Stipulation Regarding Persons Named By Defendant As Individuals

Having Knowledge of Any of Defendant's Defenses in This Action)(Taube, Emily)

(Entered: 08/30/2007)

09/26/2007 30 First MOTION to Dismiss for Lack of JurisdictionProposed Order submitted to

ECF mailbox by Walter McGill. (Attachments: # 1 Memorandum Memorandum inSupport# 2 Affidavit Affidavit of Walter O. McGill# 3 Exhibit Exhibit B# 4

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

8 Exhibit Exhibit G# 9 Exhibit Exhibit H# 10 Exhibit Exhibit I# 11 Exhibit Exhibit

J# 12 Exhibit Exhibit K)(Holliday, Charles) (Entered: 09/26/2007)

09/28/2007 31 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure,

document 30 First MOTION to Dismiss for Lack of JurisdictionProposed Order

submitted to ECF mailbox filed by Walter McGill has been filed. For future

reference, please note: for the sake of clarity, chambers staff requests that all

exhibits be labelled with explanatory text, i.e, "Exhibit 1 - Affidavit of John Doe,"

rather than simply "Exhibit 1," "Exhibit 2," etc. Please file an Attachment (docketsequence: Civil - Other Documents - Attachment) - listing the exhibits and

labelling them as per the example given. It is not necessary to attach the exhibits

themselves, simply a one page document listing and labelling the exhibits will

suffice. (ejs, ) (Entered: 09/28/2007)

09/28/2007 32 First MOTION to Strike 4 Answer to ComplaintJury Demandby all plaintiffs.

(Tew, Jeffrey) (Entered: 09/28/2007)

09/28/2007 33 CERTIFICATE of Counsel re 32 First MOTION to Strike 4 Answer to Complaint

Jury Demandof Consultation by Counselby Jeffrey A. Tew on behalf of all

plaintiffs (Tew, Jeffrey) (Entered: 09/28/2007)


Procedure, document 32 First MOTION to Strike 4 Answer to ComplaintJury

Demandfiled by General Conference of Seventh-Day Adventists, General

Conference Corporation of Seventh-Day Adventists has been filed. However, the

following deficiency has been found: counsel does not indicate in docket text

whether proposed order has been submitted to Judge Todd. Please ensure a

proposed order has been forwarded to Judge Todd's ECF mailbox. (ejs, ) (Entered:

10/01/2007)


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10/15/2007 35 RESPONSE in Opposition re 32 First MOTION to Strike 4 Answer to Complaint

Jury DemandProposed order e-mailed to ECF mailbox filed by Walter McGill.

(Attachments: # 1 Exhibit AMF Case# 2 Exhibit Oxford Case)(Holliday, Charles)

(Entered: 10/15/2007)

10/26/2007 36 RESPONSE in Opposition re 30 First MOTION to Dismiss for Lack of

JurisdictionProposed Order submitted to ECF mailboxor Alternative Motion for

Judgment on Pleadings and Incorporated Memorandum of Law filed by all

plaintiffs. (Tew, Jeffrey) (Entered: 10/26/2007)

10/31/2007 37 MOTION for Summary Judgment by General Conference Corporation of

Seventh-Day Adventists, General Conference of Seventh-Day Adventists.

(Attachments: # 1 Exhibit A Statement of Undisputed Facts In Support of Motion

for Summary Judgment# 2 Exhibit 1 to Statement of Undisputed Facts# 3 Exhibit 2

to Statement of Undisputed Facts# 4 Exhibit 3 to Statement of Undisputed Facts# 5

Exhibit 4 to Statement of Undisputed Facts# 6 Exhibit 5 to Statement of

Undisputed Facts# 7 Exhibit 6 to Statement of Undisputed Facts# 8 Exhibit 7 to

Statement of Undisputed Facts# 9 Exhibit 8 to Statement of Undisputed Facts# 10

Exhibit 9 to Statement of Undisputed Facts# 11 Exhibit 10 to Statement ofUndisputed Facts# 12 Exhibit 11 to Statement of Undisputed Facts# 13 Exhibit 12

to Statement of Undisputed Facts# 14 Memorandum in Suppport of Motion for

Summary Judgment)(Taube, Emily) (Entered: 10/31/2007)

11/06/2007 38 MOTION to Withdraw as Counsel for Plaintiffs, proposed order submittedby all

plaintiffs. (Tew, Jeffrey) (Entered: 11/06/2007)

11/09/2007 39 MOTION for Leave to FileReply to Plaintiffs' Response 36to Defendant's Motion

to Dismiss 30 . Proposed Order Submitted. by Walter McGill. (Holliday, Charles)

(Entered: 11/09/2007)

11/09/2007 40 MEMORANDUM in Support re 39 MOTION for Leave to FileReply to Plaintiffs'

Response 36to Defendant's Motion to Dismiss 30 . Proposed Order Submitted.

filed by Walter McGill. (Holliday, Charles) (Entered: 11/09/2007)


Procedure, document 38 MOTION to Withdraw as Counsel for Plaintiffs, proposed

order submittedfiled by General Conference of Seventh-Day Adventists, General


following deficiency has been found: Motion does not include Certificate of

Consultation, required by this court's Local Rules. Please file a Certifcate of

Counsel (docket event sequence - (Notices - Certificate of Counsel). Please DONOT refile the motion itself. The filer has one business day to correct the

deficiency. (ejs, ) (Entered: 11/09/2007)

11/12/2007 42 CERTIFICATE of Counsel re 38 MOTION to Withdraw as Counsel for Plaintiffs,

proposed order submittedby Jeffrey A. Tew on behalf of all plaintiffs (Tew,

Jeffrey) (Entered: 11/12/2007)

11/13/2007 43 ORDER ON 39 MOTION FOR LEAVE TO REPLY TO PLAINTIFFS'

RESPONSE TO DEFENDANT'S MOTION TO DISMISS. Defendant has up to,

and including, November 23, 2007, to file a reply brief. Signed by Judge James D.


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11/13/2007 44 Joint MOTION to Continue Trial Date, Proposed Order Submittedby General

Conference Corporation of Seventh-Day Adventists, General Conference of

Seventh-Day Adventists, Walter McGill. (Attachments: # 1 Certificate of

Consultation)(Taube, Emily) (Entered: 11/13/2007)

11/14/2007 45 CERTIFICATE of Counsel re 38 MOTION to Withdraw as Counsel for Plaintiffs,

proposed order submittedSupplementalby Jeffrey A. Tew on behalf of allplaintiffs (Tew, Jeffrey) (Entered: 11/14/2007)

11/14/2007 46 ORDER CONTINUING TRIAL DATE (re 44 ). Joint Pretrial Order due by

5/22/2008. Jury Trial reset for 6/2/2008 09:30 AM in Courtroom 432 - Jackson

before Chief Judge James D. Todd. Signed by Judge James D. Todd on 11/14/07.

(Todd, James) (Entered: 11/14/2007)

11/14/2007 47 ORDER granting 38 ORDER GRANTING TEW CARDENAS LLP'S MOTION

TO WITHDRAW AS COUNSEL FOR PLAINTIFFS. Signed by Judge James D.


11/15/2007 48 SETTING LETTER:Jury Trial has been RESET from 1/7/2008 until 6/2/2008 at

09:30 AM in Courtroom 432 - Jackson before Chief Judge James D. Todd. JPTO

due 5/22/2008.(Todd, James) (Entered: 11/15/2007)

11/23/2007 49 REPLY to Response to Motion re 30 First MOTION to Dismiss for Lack of

JurisdictionProposed Order submitted to ECF mailboxNo proposed order

requiredfiled by Walter McGill. (Holliday, Charles) (Entered: 11/23/2007)

11/30/2007 50 MOTION for Extension of Time to File Response/Reply as to 37 MOTION for

Summary JudgmentProposed Order Submittedby Walter McGill. (Holliday,

Charles) (Entered: 11/30/2007)

11/30/2007 51 MEMORANDUM in Support re 50 MOTION for Extension of Time to File

Response/Reply as to 37 MOTION for Summary JudgmentProposed Order

Submittedfiled by Walter McGill. (Holliday, Charles) (Entered: 11/30/2007)

11/30/2007 52 NOTICE of Appearance by Joel Todd Galanter on behalf of General Conference


Adventists (Galanter, Joel) (Entered: 11/30/2007)


document 51 Memorandum in Support of Motion filed by Walter McGill, 50

MOTION for Extension of Time to File Response/Reply as to 37 MOTION forSummary JudgmentProposed Order Submittedfiled by Walter McGill has been

filed. For future reference, please note Your Motion and Memorandum should not

have been filed as separate entries but should have been submitted within the same

transaction. (Example: Motion is filed.... Memorandum, etc.... are separate

documents; however they are to be submitted in the same transaction as the Motion

but as an attachment to your Motion. On the screen where the first document is

attached you should check the "Yes" radio button where it states Attachments to

Documents. This will give you the screen to add the additional documents. Please


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file correctly on your next submission. Filer is not required to resubmit document.

(cdi, ) (Entered: 12/03/2007)

12/05/2007 54 RESPONSE in Opposition re 50 MOTION for Extension of Time to File

Response/Reply as to 37 MOTION for Summary JudgmentProposed Order

Submittedfiled by General Conference Corporation of Seventh-Day Adventists,

General Conference of Seventh-Day Adventists. (Galanter, Joel) (Entered:

12/05/2007)

12/06/2007 55 TEXT ENTRY--NO DOCUMENT ATTACHED.ORDER granting in part and

denying in part 50 Motion for Extension of Time to File Response/Reply re 37

MOTION for Summary Judgment. Because the court will consider plaintiffs'

motion for summary judgment and defendant McGill's motion to dismiss at the

same time, defendant's motion for an extension of time until 30 days after the court

rules on Defendant McGill's motion to dismiss is denied. Defendant McGill is,

however, granted an extension until January 5, 2008, to file a response to plaintiffs'

motion for summary judgment. Responses due by 1/5/2008. Signed by Judge

James D. Todd on 12/6/2007. (Todd, James) (Entered: 12/06/2007)

01/07/2008 56 RESPONSE in Opposition re 37 MOTION for Summary Judgment filed by Walter

McGill. (Attachments: # 1 Exhibit 1 - Defendant's Response to Plaintiffs' SUF, # 2

Exhibit A - Affidavit of Walter McGill, # 3 Exhibit B - Defs' Resp. to Plt's Int., # 4

Exhibit C - Perez Trial Testimony Excerpts, # 5 Exhibit D - Wikipedia

denominations list, # 6 Exhibit E - Affidavit of Russell Kelly, # 7 Exhibit F - SDA

Reform homepage, # 8 Exhibit G - McGill Supp. Affidavit, # 9 Exhibit H -

Religious Leader Handbook, # 10 Exhibit I - McGill Dep. excerpts, # 11 Exhibit J -

M-W online definition, # 12 Exhibit K - Wikipedia Adventism, # 13 Exhibit L -

Branch Davidian homepage, # 14 Exhibit M - SDA Encyclopedia excerpt)


01/22/2008 57 MOTION for Leave to FileReply to Defendant's Response to Plaintiffs' Motion for

Summary Judgment Proposed Order Submittedby General Conference Corporation

of Seventh-Day Adventists, General Conference of Seventh-Day Adventists.

(Attachments: # 1 Certificate of Consultation)(Taube, Emily) (Entered:

01/22/2008)

01/22/2008 58 ORDER granting 57 PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO

FILE REPLY MEMORANDUM IN FURTHER SUPPORT OF PLAINTIFFS'

MOTION FOR SUMMARY JUDGMENT. Signed by Judge James D. Todd on

1/22/08. (Todd, James) (Entered: 01/22/2008)

02/07/2008 59 REPLY to Response to Motion re 57 MOTION for Leave to FileReply to

Defendant's Response to Plaintiffs' Motion for Summary Judgment Proposed Order

Submittedfiled by General Conference Corporation of Seventh-Day Adventists,

General Conference of Seventh-Day Adventists. (Galanter, Joel) (Entered:

02/07/2008)

04/29/2008 60 ORDER DENYING 32 PLAINTIFFS' MOTION TO STRIKE DEFENDANT'S

JURY DEMAND. Signed by Judge James D. Todd on 4/29/08. (Todd, James)

(Entered: 04/29/2008)


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05/05/2008 61 ORDER DENYING 30 DEFENDANTS MOTION TO DISMISS. Defendant's

request to amend his answer is also DENIED. Signed by Judge James D. Todd on

5/5/08. (Todd, James) Modified on 2/1/2010-Document reattached due to error in

CM-ECF (cdi). (Entered: 05/05/2008)

05/14/2008 Judge James D. Todd no longer assigned to case. (Entered: 05/14/2008)

05/14/2008 62 ORDER REASSIGNING CASE. Case reassigned to Judge J. Daniel Breen for all

further proceedings.. Signed by Judge James D. Todd on 5/14/08. (Todd, James)(Entered: 05/14/2008)

05/14/2008 63 Second MOTION to Continue Trial Proposed Order Submittedby General


Seventh-Day Adventists, Walter McGill. (Attachments: # 1 Certificate of

Consultation)(Taube, Emily) (Entered: 05/14/2008)

05/16/2008 64 TEXT ORDER [no document attached] Granting 63 Joint Motion to Continue Trial

Date; the Court will set a status conference by separate notice. Signed by Judge J.

Daniel Breen on 5/16/08. (Breen, J.) (Entered: 05/16/2008)

05/20/2008 65 SETTING LETTER: Telephone Status Conference set for 5/30/2008 at 10:30 AM

in Courtroom 432 - Jackson before Judge J. Daniel Breen. (ejc, ) (Entered:

05/20/2008)

05/30/2008 66 Minute Entry for proceedings held before Judge J. Daniel Breen: Telephone Status

Conference held on 5/30/2008. Attorneys Emily Taube, Joel Galanter, Ronald

Michael and Charles Holliday participating. Parties agree to mediate. Court will

contact a Magistrate Judge, either in Nashville or Memphis to oversee the

mediation. Court will notify parties as to whom the mediator will be. General

Conference Corporation of Seventh-Day Adventists' Motion for Summary

Judgment pending. Pre-Trial Conference set 9/ 26/08 at 9:00 a.m. Jury Trial set10/6/08 at 9:30 a.m. Joint Pre-Trial order due 9/19/08. Parties to disclose witnesses

9/12/08. Motion in Liminie to be filed by 9/12/08. (Court Reporter Christine

Martin.) (ejc,) (Entered: 05/30/2008)

05/30/2008 67 ORDER OF REFERENCE - this matter is referred to Judge Vescovo for the

purpose of conducting a settlement conference. Signed by Judge J. Daniel Breen on

5/30/08. (Breen, J.) (Entered: 05/30/2008)

05/30/2008 68 ORDER Regarding Mediation and Setting Schedules. Signed by Judge J. Daniel

Breen on 5/30/08. (Breen, J.) (Entered: 05/30/2008)

06/03/2008 69 SETTING LETTER: Settlement Conference set for 7/15/2008 09:30 AM in Room

341 Federal Building, 167 North Main Street - Memphis before Magistrate Judge

Diane K. Vescovo. In camera statements are due in chambers by Noon on

Thursday, July 10, and may be emailed to

[email protected]. Please see Judge Vescovos Settlement

Conference instructions at www.tnwd.uscourts.gov/JudgeVescovo under Rule 16B

Notice Information (this page includes Settlement Conference Instructions). (crk)

(Entered: 06/03/2008)


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06/04/2008 Reset Scheduling Order Deadlines: Pretrial Conference set for 9/26/2008 09:00

AM in Courtroom 432 - Jackson before Judge J. Daniel Breen. Pretrial Order due

by 9/19/2008. Jury Trial set for 10/6/2008 09:30 AM in Courtroom 432 - Jackson

before Judge J. Daniel Breen. (ejs, ) (Entered: 06/04/2008)

06/11/2008 70 ORDER granting in part and denying in part 37 Motion for Summary Judgment.

Signed by Judge J. Daniel Breen on 6/11/08. (Breen, J.) (Entered: 06/11/2008)

07/24/2008 71 MOTION to Amend/CorrectPre-Trial Orderby all defendants. (Attachments: # 1Proposed Order Submitted)(Michael, Ronald) (Entered: 07/24/2008)

07/24/2008 72 MOTION to Withdraw as Attorney by all defendants. (Attachments: # 1 Proposed

Order Allowing Withdrawal)(Michael, Ronald) (Entered: 07/24/2008)

07/25/2008 73 ORDER Granting 72 Motion to Withdraw as Counsel. Attorney Ronald D. Michael

terminated. Signed by Judge J. Daniel Breen on 7/25/08. (Breen, J.) (Entered:

07/25/2008)

07/25/2008 74 ORDER Denying 71 Defendants' Motion to Amend Pretrial Order. Signed by

Judge J. Daniel Breen on 7/25/08. (Breen, J.) (Entered: 07/25/2008)08/15/2008 75 Proposed MOTION to Continue Trial Date and for Status Conference by General


Seventh-Day Adventists. (Attachments: # 1 Exhibit 1 Email)(Galanter, Joel)

(Entered: 08/15/2008)

08/15/2008 76 CERTIFICATE of Counsel re 75 Proposed MOTION to Continue Trial Date and

for Status Conference by Joel Todd Galanter on behalf of General Conference



08/18/2008 77 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of CivilProcedure, document 75 Proposed MOTION to Continue Trial Date and for Status

Conference filed by General Conference of Seventh-Day Adventists, General


following deficiency has been found: docket text does not indicate whether

proposed order has been submitted. Please ensure a proposed order has been

forwarded to Judge Breen's ECF mailbox. (ejs) (Entered: 08/18/2008)

08/20/2008 78 ORDER granting 75 Motion to Continue Trial date and for Status Conference. A

Status Conference has been set for Tuesday, August 26, 2008 at 10:30 a.m. The

Pre-Trial Conference set for September 26, 2008 and Trial Date set for 10/6/2008

have been continued. Signed by Judge J. Daniel Breen on 8/20/08. (Breen, J.)

(Entered: 08/20/2008)

08/22/2008 79 SETTING LETTER: Status Conference set for 8/26/2008 at 10:30 AM in

Courtroom 1 - Jackson before Judge J. Daniel Breen. (ejc) (Entered: 08/22/2008)

08/26/2008 80 Minute Entry for proceedings held before Judge J. Daniel Breen: Status Conference

held on 8/26/2008. J. Galanter, E. Taube present for the Plaintiff. C. Holliday

present for the Defendant. Defendant, Walter McGill, did not appear. Counsel

ordered to contact Judge Vescovo's chambers regarding setting a date for


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mediation. After hearing has been set, counsel are to certify with the court within

five business days, that their respective clients will be available and present for

court proceeding. The 9/26/2008 pre-trial conference and 10/6/2008 trial date have

been removed from the court's calendar. (Court Reporter Christine Martin.) (ejc)

(Entered: 08/26/2008)

09/02/2008 81 SETTING LETTER: Settlement Conference set for 10/2/2008 09:30 AM in

Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. In camera

statements are due in chambers by Noon on Monday, September 29, 2008, and may

be emailed to [email protected]. or faxed to 901-495-1387.

Please see Judge Vescovo's Settlement Conference instructions at

www.tnwd.uscourts.gov/JudgeVescovo under Rule 16B Notice Information (this

page includes Settlement Conference Instructions). (crk) (Entered: 09/02/2008)

09/04/2008 82 CERTIFICATE of Counsel re 80 Status Conference,, by Charles L. Holliday on

behalf of Walter McGill (Holliday, Charles) (Entered: 09/04/2008)

09/04/2008 83 CERTIFICATE of Counsel re 80 Status Conference,, by Joel Todd Galanter on

behalf of General Conference Corporation of Seventh-Day Adventists, General

Conference of Seventh-Day Adventists (Galanter, Joel) (Entered: 09/04/2008)

09/29/2008 84 ORDER [TEXT ONLY] -- A telephone conference was held 9/29/2008.

Participating were Emily Taube and Joel Galanter, counsel for plaintiffs, and

Charles Holliday, counsel for defendant. During the conference, counsel for

defendant confirmed that the defendant would not attend the settlement conference

on 10/2/2008. Accordingly, the settlement conference is canceled because of the

failure of the defendant to be present as required by the court. Signed by Magistrate

Judge Diane K. Vescovo on 9/29/2008. (Vescovo, Diane) (Entered: 09/29/2008)

11/12/2008 85 MOTION for Sanctions and Permanent Injunctive Reliefby General Conference


Adventists. (Galanter, Joel) (Entered: 11/12/2008)

11/12/2008 86 MEMORANDUM in Support re 85 MOTION for Sanctions and Permanent

Injunctive Relieffiled by General Conference Corporation of Seventh-Day

Adventists, General Conference of Seventh-Day Adventists. (Attachments: # 1

Exhibit A, # 2 Exhibit B)(Galanter, Joel) (Entered: 11/12/2008)

11/12/2008 87 CERTIFICATE of Counsel re 85 MOTION for Sanctions and Permanent

Injunctive Reliefby Joel Todd Galanter on behalf of General Conference




document 86 Memorandum in Support of Motion 85 MOTION for Sanctions and

Permanent Injunctive Relief87 Certificate of Counsel have been filed. For future

reference, please note: any supporting information pertaining to a motion (such as a

memorandum or a certificate of consultation) should be filed as attachments to the

motion itself, and not as separate pleadings. No corrective action is necessary

regarding these filings; please DO NOT refile the motion or other pleadings. (ejs)

(Entered: 11/13/2008)


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14/23

7/1/2009. (Holliday, Charles) (Entered: 06/17/2009)

06/17/2009 100 MOTION to Stay re 98 Order Adopting Report and RecommendationsProposed

Order Submittedby Walter McGill. (Attachments: # 1 Memorandum in support of

motion)(Holliday, Charles) (Entered: 06/17/2009)

06/30/2009 101 RESPONSE in Opposition re 100 MOTION to Stay re 98 Order Adopting Report

and RecommendationsProposed Order Submittedfiled by General Conference

Corporation of Seventh-Day Adventists, General Conference of Seventh-DayAdventists. (Taube, Emily) (Entered: 06/30/2009)

06/30/2009 102 MOTION for Order to Show CauseProposed Order Submittedby General


Seventh-Day Adventists. (Attachments: # 1 Certificate of Consultation, # 2 Exhibit

1 to Motion to Show Cause, # 3 Exhibit 2 Motion to Show Cause)(Taube, Emily)

(Entered: 06/30/2009)

08/05/2009 103 ORDER DENYING 100 THE DEFENDANT'S MOTION TO STAY

INJUNCTION AND DENYING WITHOUT PREJUDICE 102 PLAINTIFFS'

MOTION FOR ORDER TO SHOW CAUSE. Signed by Judge J. Daniel Breen on8/5/09. (Breen, J.) (Entered: 08/05/2009)

08/06/2009 104 JUDGMENT in a Civil Case. Signed by Judge J. Daniel Breen on 8/6/09. (Breen,

J.) (Entered: 08/06/2009)

08/28/2009 105 MOTION for Sanctions by General Conference Corporation of Seventh-Day

Adventists, General Conference of Seventh-Day Adventists. (Attachments: # 1

Exhibit 1- Email)(Galanter, Joel) (Entered: 08/28/2009)

09/03/2009 106 ORDER OF REFERENCE: 105 MOTION for Sanctions filed by General

Conference of Seventh-Day Adventists, General Conference Corporation of

Seventh-Day Adventists. Signed by Judge J. Daniel Breen on 9/3/09. (akj)

(Entered: 09/03/2009)

09/17/2009 107 Mail Returned as Undeliverable. Mail sent to Walter McGill copy of DE# 106.

(akj) (Entered: 09/17/2009)

10/20/2009 108 SETTING LETTER: - text only - Hearing on Motion for Sanctions 105 set for

Thursday, 11/5/2009 10:15 AM in Jackson Courtroom 3 before Magistrate

Judge Edward G. Bryant. (ejs) (Entered: 10/20/2009)

11/05/2009 109 Minute Entry for proceedings held before Magistrate Judge Edward G. Bryant:

Motion Hearing held on 11/5/2009 re 105 MOTION for Sanctions filed by GeneralConference of Seventh-Day Adventists, General Conference Corporation of

Seventh-Day Adventists. Attorneys present: Galanter, Holliday. After hearing

testimony of counsel, the court took the motion under advisement and will issue an

order. (Court Reporter FTR.) (ejs) (Entered: 11/05/2009)


Conference of Seventh-Day Adventists (Notice of Filing of Declaration of Joel T.

Galanter) (Attachments: # 1 Exhibit Declaration of Joel T. Galanter, # 2 Exhibit

A-Itemization)(Galanter, Joel) (Entered: 11/19/2009)


23 8/6/2012


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12/14/2009 111 REPORT AND RECOMMENDATIONS re 105 MOTION for Sanctions filed by

General Conference of Seventh-Day Adventists, General Conference Corporation

of Seventh-Day Adventists Objections to R&R due by 12/28/2009. Signed by

Magistrate Judge Edward G. Bryant on 12/14/09. (Bryant, Edward) (Entered:

12/14/2009)

01/06/2010 112 ORDER ADOPTING REPORT AND RECOMMENDATIONS for111 Report and

Recommendations, 105 Motion for Sanctions filed by General Conference of

Seventh-Day Adventists, General Conference Corporation of Seventh-Day

Adventists. Signed by Judge J. Daniel Breen on 1/6/10. (Breen, J.) (Entered:

01/06/2010)

02/16/2010 113 Mail Returned as Undeliverable, "Box Closed, Unable to Forward". Mail sent to

Walter McGill 112 . (akj) (Entered: 02/18/2010)

03/15/2010 114 AFFIDAVIT of Service for Subpoena to Testify at Deposition served on Lucan

Chartier on 2/17/10, filed by General Conference Corporation of Seventh-Day

Adventists, General Conference of Seventh-Day Adventists. (Galanter, Joel)

(Entered: 03/15/2010)

03/15/2010 115 Notice of Correction to 114 Affidavit of Service of Subpoena to Testify at a

Deposition - date of service on Lucan Chartier 2/16/10. (Galanter, Joel) (Entered:

03/15/2010)

03/24/2010 116 MOTION for Order to Show Cause (and Memorandum for Order Setting

Evidentiary Show Cause Hearing) by General Conference Corporation of

Seventh-Day Adventists, General Conference of Seventh-Day Adventists.

(Attachments: # 1 Certificate of Consultation, # 2 Exhibit 1 - Article, # 3 Exhibit 2

- Article, # 4 Exhibit 3 - website, # 5 Exhibit 4 - email 2-28-10, # 6 Exhibit 5 -

letter 3-4-10, # 7 Exhibit 6 - email 3-11-10, # 8 Exhibit 7 - email 3-15-10)

(Galanter, Joel) (Entered: 03/24/2010)

03/24/2010 117 MOTION for Sanctions (and Memorandum in Support), MOTION for Order to

Show Cause (and Memorandum in Support of Motion for Order Setting Show

Cause Hearing) by All Plaintiffs. (Attachments: # 1 Certificate of Consultation, # 2

Exhibit 1 - Notice of Depo, # 3 Exhibit 2 - email 2-11-10, # 4 Exhibit 3 - Discovery

Requests, # 5 Exhibit 4 - letter 3-10-10)(Galanter, Joel) (Entered: 03/24/2010)

03/26/2010 118 ORDER REFERRING 116Motion for an Order Setting an Evidentiary Show

Cause Hearingand 117Motion for Sanctions and an Order Setting a Show Cause

Hearing. Signed by Judge J. Daniel Breen on 3/26/10. (Breen, J.) (Entered:

03/26/2010)

04/05/2010 121 Mail Returned as Undeliverable, "moved, left no address". Mail sent to Walter

McGill copy of DE#118. (akj) (Entered: 04/07/2010)

04/06/2010 119 MOTION to Withdraw as AttorneyProposed Order Submittedby Walter McGill.

(Attachments: # 1 Exhibit 3-29 e-mail from client)(Holliday, Charles) (Entered:

04/06/2010)


23 8/6/2012


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04/06/2010 120 ORDER OF REFERENCE: 119 MOTION to Withdraw as AttorneyProposed

Order Submittedfiled by Walter McGill. Signed by Judge J. Daniel Breen on

4/6/10. (Breen, J.) (Entered: 04/06/2010)

04/13/2010 122 Mail Returned as Undeliverable. Mail sent to Walter McGill (copy of DE# 120).

(akj) (Entered: 04/13/2010)

04/19/2010 123 RESPONSE in Opposition re 119 MOTION to Withdraw as AttorneyProposed

Order Submittedfiled by General Conference Corporation of Seventh-DayAdventists, General Conference of Seventh-Day Adventists. (Attachments: # 1

Unreported case - Hadley v. Lavigne, # 2 Unreported case - ACS Consultant Co. v.

Williams, # 3 Unreported case - Willigan)(Galanter, Joel) (Entered: 04/19/2010)

04/27/2010 124 MOTION for Leave to FileReply, Proposed Order Submittedby Walter McGill.


04/28/2010 125 ORDER granting 124 Motion for Leave to File. Signed by Magistrate Judge

Edward G. Bryant on 4/28/10. (Bryant, Edward) (Entered: 04/28/2010)

05/03/2010 127 Mail (DE #125) Returned as Undeliverable. Mail sent to Walter McGill. (cdi)(Entered: 05/05/2010)

05/04/2010 126 REPLY to Response to Motion re 123 Response in Opposition to Motion, filed by

Walter McGill. (Attachments: # 1 Exhibit 1 - ECF Notice, # 2 Unreported case -

Spivey)(Holliday, Charles) (Entered: 05/04/2010)

05/13/2010 128 SETTING LETTER: Motions Hearing on D.E.s 116, 117, and 119 set for

5/25/2010 10:00 AM in Jackson Courtroom 3 before Magistrate Judge Edward G.

Bryant. (ars) (Entered: 05/13/2010)

05/21/2010 129 AFFIDAVIT of Service for Subpoena to Appear and Testify served on Lucan

Chartier on 5/18/2010, filed by General Conference Corporation of Seventh-DayAdventists, General Conference of Seventh-Day Adventists. (Galanter, Joel)

(Entered: 05/21/2010)

05/24/2010 130 AFFIDAVIT of Service for Subpoena to Appear and Testify served on Dorothy

Johnson on 5/17/10, filed by General Conference Corporation of Seventh-Day


(Entered: 05/24/2010)

05/24/2010 131 AFFIDAVIT of Service for Subpoena to Appear and Testify served on Keith

Johnson on 5/17/10, filed by General Conference Corporation of Seventh-Day

Adventists, General Conference of Seventh-Day Adventists. (Galanter, Joel)(Entered: 05/24/2010)

05/24/2010 132 Mail Returned as Undeliverable. Mail sent to Walter McGill, copy of DE#128.

(akj) (Entered: 05/24/2010)


Motion Hearing held on 5/25/2010 re 117 MOTION for Sanctions; 116 MOTION

for Order to Show Cause; 119 MOTION to Withdraw as Attorney. Attorney

Galanter present for the plaintiff and Attorney Holliday for the defendant, who was


23 8/6/2012


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not present. Plaintiff witnesses: Keith Johnson, Dorothy Johnson and Lucan

Chartier. After hearing testimony of the witnesses and argument of counsel, the

court took the matter under advisement. Order to enter. (Court Reporter FTR.) (ejs)

(Entered: 05/25/2010)

05/25/2010 134 Witness/Exhibit List to 05/25/10 motion hearing before Judge Bryant. (ejs)

(Entered: 05/25/2010)

06/01/2010 135 Mail Returned as Undeliverable. Mail sent to Walter McGill, DE# 133. (akj)(Entered: 06/02/2010)

06/24/2010 136 REPORT AND RECOMMENDATIONS re 117 MOTION for Sanctions (and

Memorandum in Support) MOTION for Order to Show Cause (and Memorandum

in Support of Motion for Order Setting Show Cause Hearing) MOTION for

Sanctions (and Memorandum in Support) MOTION for Order to Show Cause (and

Memorandum in Support of Motion for Order Setting Show Cause Hearing) filed

by General Conference of Seventh-Day Adventists, General Conference

Corporation of Seventh-Day Adventists, 116 MOTION for Order to Show Cause

(and Memorandum for Order Setting Evidentiary Show Cause Hearing) MOTION

for Order to Show Cause (and Memorandum for Order Setting Evidentiary Show

Cause Hearing) filed by General Conference of Seventh-Day Adventists, General

Conference Corporation of Seventh-Day Adventists, 119 MOTION to Withdraw as

AttorneyProposed Order Submittedfiled by Walter McGill Objections to R&R

due by 7/8/2010. Signed by Magistrate Judge Edward G. Bryant on 6/24/10.

(Bryant, Edward) (Entered: 06/24/2010)

06/29/2010 137 Mail Returned as Undeliverable. Mail sent to Walter McGill, copy of DE# 136.

(akj) (Entered: 07/01/2010)

07/13/2010 138 NOTICE by Walter McGill (Holliday, Charles) (Entered: 07/13/2010)


Conference of Seventh-Day Adventists re 138 Notice (Other)RESPONSE TO

NOTICE REGARDING MOTION TO WITHDRAW AS COUNSEL FOR

DEFENDANT(Galanter, Joel) (Entered: 07/14/2010)

07/16/2010 140 ORDER denying 119 Motion to Withdraw as Attorney.. Signed by Magistrate

Judge Edward G. Bryant on 7/16/10. (Bryant, Edward) (Entered: 07/16/2010)

07/27/2010 141 Mail Returned as Undeliverable. Mail sent to Walter McGill copy of DE# 140.

(akj) (Entered: 07/27/2010)

07/30/2010 142 NOTICE by Walter McGill re 140 Order on Motion to Withdraw as Attorney

Objection to Magistrate's Order(Holliday, Charles) (Entered: 07/30/2010)

08/06/2010 143 NOTICE of Change of Address by Charles L. Hollidayfor Walter McGill

(Attachments: # 1 Exhibit E-mail from client)(Holliday, Charles) (Entered:

08/06/2010)

08/10/2010 145 ORDER of USCA as to 99 Notice of Appeal, filed by Walter McGill. Filed at

USCA 8/10/10, mandate to issue. "For the reasons discussed above, we AFFIRM

the district courts denial of McGills motion to dismiss, its grant of partial summary


23 8/6/2012


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judgment to the plaintiffs, and its default judgment against McGill." (Attachments:

# 1 cover letter)(akj) (Entered: 08/13/2010)

08/10/2010 146 USCA JUDGMENT as to 99 Notice of Appeal, filed by Walter McGill. Filed at

USCA 8/10/10, mandate to issue. (Attachments: # 1 cover letter)(akj) (Entered:

08/13/2010)


Conference of Seventh-Day Adventists re 142 Notice (Other)RESPONSE TODEFENDANT'S OBJECTION TO ORDER DENYING MOTION TO WITHDRAW


09/08/2010 147 MANDATE of USCA as to 99 Notice of Appeal, filed by Walter McGill. Filed at

USCA 9/8/10. (akj) (Entered: 09/09/2010)


Conference of Seventh-Day Adventists re 98 Order Adopting Report and

RecommendationsNOTICE OF ADDITIONAL VIOLATIONS OF COURT

ORDERS AND MOTION FOR ORDER SETTING EVIDENTIARY SHOW CAUSE

HEARING (Attachments: # 1 Exhibit 1-Excerpts from 5/25/10 hearing transcript, #2 Exhibit 2-Photo)(Galanter, Joel) (Entered: 10/20/2010)

10/21/2010 149 ORDER OF REFERENCE. Signed by Judge J. Daniel Breen on 10/21/10. (Breen,

J.) (Entered: 10/21/2010)

10/28/2010 150 SETTING LETTER: Status Conference set for 11/2/2010 03:00 PM before

Magistrate Judge Edward G. Bryant. Please see attached setting letter.(ars)

(Entered: 10/28/2010)

11/01/2010 151 Mail Returned as Undeliverable. Mail sent to Walter McGill, copy of DE# 149

"moved left no address". (akj) (Entered: 11/01/2010)

11/02/2010 Minute Entry for proceedings held before Magistrate Judge Edward G. Bryant:

Telephone Conference held on 11/2/2010. (Tape #FTR.) (ejs) (Entered:

11/08/2010)

11/05/2010 152 SETTING LETTER: Motion Hearing set for 12/16/2010 02:00 PM in Jackson

Courtroom 3 before Magistrate Judge Edward G. Bryant. (ars) (Entered:

11/05/2010)

11/05/2010 153 Mail Returned as Undeliverable. Mail sent to Walter McGill, DE# 150. (akj)

(Entered: 11/08/2010)


(akj) (Entered: 11/16/2010)


(akj) (Entered: 11/16/2010)


Conference of Seventh-Day Adventists re 148 Notice (Other), Notice (Other)

NOTICE OF SUBPOENA TO APPEAR AND TESTIFY(Attachments: # 1 Exhibit

1-Subpoena to Testify)(Galanter, Joel) (Entered: 12/13/2010)


23 8/6/2012


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12/13/2010 157 AFFIDAVIT of Service for Subpoena to Appear and Testify served on Lucan

Chartier on 11/22/2010, filed by General Conference Corporation of Seventh-Day


(Entered: 12/13/2010)


Motion Hearing held on 12/16/2010. Present were Attorneys Galanter and

Holliday. Ptf witness: Lucan Chartier. After hearing testimony of the witness and

argument of counsel, the court took the matter under advisement and will issue a

report and recommendation. (Court Reporter K. Heasley.) (ejs) (Entered:

12/16/2010)

12/16/2010 159 Witness/Exhibit List to 12/16/10 hearing. (ejs) (Entered: 12/16/2010)

12/23/2010 160 REPORT AND RECOMMENDATIONS. Objections to R&R due by 1/10/2011.

Signed by Magistrate Judge Edward G. Bryant on 12/23/10. (Bryant, Edward)

(Entered: 12/23/2010)


Conference of Seventh-Day AdventistsNotice of Filing Affidavit of Service(Attachments: # 1 Affidavit)(Galanter, Joel) (Entered: 01/06/2011)

01/11/2011 162 OBJECTION to Report and Recommendations by Walter McGill. (Attachments: #

1 Exhibit A, # 2 Ivie Case, # 3 Dye Case)(Holliday, Charles) (Entered: 01/11/2011)

01/12/2011 163 Letter from clerk's office to party Lucan Chartier (informational copy docketed to

related case 1:06-cv-01207-JDB-egb)(skp) (Entered: 01/12/2011)

01/13/2011 164 NOTICE from Supreme Court of the U.S. dated 1/12/2011. The petition for a writ

of certiorari in the above entitled case was filed on November 8, 2010 and placed

on the docket January 12, 2011 as No. 10-902. (jlh) (Entered: 01/13/2011)

01/19/2011 165 MOTION for Extension of Time to File Response/Reply as to 162 Objection to

Report and Recommendations, 163 Letterproposed order submittedby General


Seventh-Day Adventists. (Galanter, Joel) (Entered: 01/19/2011)

01/19/2011 166 CERTIFICATE of Counsel re 165 MOTION for Extension of Time to File

Response/Reply as to 162 Objection to Report and Recommendations, 163 Letter

proposed order submittedMOTION for Extension of Time to File Response/Reply

as to 162 Objection to Report and Recommendations, 163 Letterproposed order

submittedby Joel Todd Galanter on behalf of General Conference Corporation of

Seventh-Day Adventists, General Conference of Seventh-Day Adventists


01/19/2011 167 MOTION for Extension of Time to File Response/Reply as to (1 in 1:11-mc-

00003-JDB -egb) Notice (Other), (162 in 1:06-cv-01207-JDB-egb) Objection to

Report and Recommendationsproposed order submittedby General Conference


Adventists. Associated Cases: 1:11-mc-00003-JDB -egb, 1:06-cv-01207-

JDB-egb(Galanter, Joel) (Entered: 01/19/2011)


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01/19/2011 168 ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO

FILE RESPONSE TOOBJECTIONS TO MAGISTRATE JUDGE'S REPORT

AND RECOMMENDATION re ( 167 in 1:06-cv-01207-JDB-egb, 3 in 1:11-mc-

00003-JDB -egb). Responses due by 2/18/2011. Signed by Judge J. Daniel Breen

on 1/19/2011. Associated Cases: 1:06-cv-01207-JDB-egb, 1:11-mc-00003-JDB

-egb(Breen, J.) (Entered: 01/19/2011)

01/24/2011 169 Mail Returned as Undeliverable. Mail sent to Walter McGill. (jlh) (Entered:

01/24/2011)

02/16/2011 170 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on

December 16, 2010 before Judge Edward G. Bryant. Court Reporter Kristi

Heasley, Telephone number 731-421-9237.

Notice is hereby given that an official transcript of a proceeding has been filed by

the court reporter in this matter. The parties have seven (7) calendar days to file

with the court a Notice of Intent to Request Redaction of this transcript, and

twenty-one (21) calendar days to file a Request for Redaction. Redaction is the

responsibility of the attorneys and pro se litigants who attended the hearing towhich the transcription applies. Each party is responsible for reviewing and

requesting redaction of testimony of witnesses that were called for the party and for

that party's own statements.

Any party needing a copy of the transcript to review for redaction purposes may

purchase a copy from the court reporter or view the document at the clerk's office

public terminal.. Notice of Intent to Request Redaction due 3/9/2011. Redaction

Request due 3/9/2011. Release of Transcript Restriction set for 5/17/2011.

(Heasley, Kristi) (Entered: 02/16/2011)

02/17/2011 171 MOTION for Leave to File Excess Pagesproposed order submittedby GeneralConference Corporation of Seventh-Day Adventists, General Conference of

Seventh-Day Adventists. (Attachments: # 1 Certificate of Consultation)Associated

Cases: 1:06-cv-01207-JDB-egb, 1:11-mc-00003-JDB-egb(Galanter, Joel) (Entered:

02/17/2011)


Conference of Seventh-Day Adventists re 162 Objection to Report and

RecommendationsResponse to Objections to Report and Recommendation

(Attachments: # 1 Exhibit 1-Unreported cases)(Galanter, Joel) (Entered:

02/18/2011)

02/18/2011 173 ORDER GRANTING (171) PLAINTIFFS MOTION FOR LEAVE TO FILE

RESPONSE IN EXCESS OF PAGE LIMIT in case 1:06-cv-01207-JDB-egb;

granting (5) Motion for Leave to File Excess Pages in case 1:11-mc-00003-

JDB-egb. Signed by Judge J. Daniel Breen on 2/18/11. Associated Cases: 1:06-cv-

01207-JDB-egb, 1:11-mc-00003-JDB-egb(Breen, J.) (Entered: 02/18/2011)

03/03/2011 174 AFFIDAVIT of Service for Response to Objections to Report and

Recommendation served on Lucan Chartier on 2-22-11, filed by General



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Seventh-Day Adventists, General Conference Corporation of Seventh-day

Adventists, General Conference of Seventh-day Adventists. (Attachments: # 1

Affidavit)Associated Cases: 1:06-cv-01207-JDB-egb, 1:11-mc-00003-


03/08/2011 175 ORDER ADOPTING REPORT AND RECOMMENDATION ON MOTION TO

SHOW CAUSE AND MOTION FOR SANCTIONS. Signed by Judge J. Daniel

Breen on 3/8/2011. (Breen, J.) (Entered: 03/08/2011)

03/10/2011 176 ORDER SETTING ASIDE MAGISTRATE JUDGE'S ORDER re 140 AND

ALLOWING DEFENDANT'S COUNSEL TO WITHDRAW.Holliday is directed

to provide to the Court, within eleven (11) days of the entry of this order, the

last-known address and telephone phone number that he has on file for the

Defendant. Signed by Judge J. Daniel Breen on 3/10/11. (Breen, J.) (Entered:

03/10/2011)

03/21/2011 177 NOTICE by Walter McGill re 176 Order, (Holliday, Charles) (Entered: 03/21/2011)


Conference of Seventh-Day Adventists re 175 Order Adopting Report andRecommendationsRequest for Attorneys' Fees and Costs (Attachments: # 1

Declaration)(Galanter, Joel) (Entered: 03/22/2011)

03/23/2011 179 ORDER OF REFERENCE to Magisrate Judge Edward G. Bryant in re: DE 187 -

Notice of Filing. Signed by Judge J. Daniel Breen on 03/23/2011. (Breen, J.)

(Entered: 03/23/2011)

03/23/2011 180 AMENDED ORDER OF REFERENCE to correct Notice of Filing DE # to 178

instead of 187. Signed by Judge J. Daniel Breen on 03/23/2011. (Breen, J.)

(Entered: 03/23/2011)

04/19/2011 181 NOTICE from Supreme Court of the United States dated 4/18/11. " The petition for

a writ of certiorari is denied." (cdi) (Entered: 04/19/2011)

05/09/2011 182 TRANSCRIPT RELEASE NOTICE:

By Administrative Order 2008-35 the United States District Court for the Western

District of Tennessee implemented a policy regarding remote access to electronic

transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule

49.1, each party's attorney is required to review a transcript for information that

should be redacted pursuant to the Judicial Conference's privacy policy which

requires that Social Security numbers be redacted to show only the last four digits;birth dates should contain only the year of birth; individuals known to be minors

should be referred to with initials; and financial account numbers should be

redacted to the last four digits. Additionally, in criminal case files, home addresses

should reveal only the city and state of residence.

Our records indicate that the 90-day restriction on public access to an electronic

transcript(s) in this matter will lapse within 10 days. If a redaction request is

required but has not been filed, please do so immediately. Please feel free to

contact our office for further guidance on this issue. (re: DE# 170, release date


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5/17/11) (akj) (Entered: 05/09/2011)

04/05/2012 183 ORDER ADOPTING IN PART AND MODIFYING IN PART 160 REPORT AND

RECOMMENDATION. Signed by Judge J. Daniel Breen on 4/5/12. Associated

Cases: 1:06-cv-01207-JDB-egb, 1:11-mc-00003-JDB-egb(Breen, J.) (Entered:

04/05/2012)

05/02/2012 184 ORDER TO ISSUE WARRANTS FOR THE ARREST OF WALTER MCGILL

AND LUCAN CHARTIER. Signed by Judge J. Daniel Breen on 5/2/12.Associated Cases: 1:06-cv-01207-JDB-egb, 1:11-mc-00003-JDB-egb, 1:12-mc-

00005-JDB, 1:12-mc-00006-JDB(Breen, J.) (Entered: 05/03/2012)

05/03/2012 185 DOCKET ANNOTATION: Arrest Warrants issued as to dft McGill & Chartier

pursuant to Order entered 5/2/12. (akj) (Entered: 05/03/2012)


Conference of Seventh-Day Adventists, General Conference Corporation of

Seventh-day Adventists, General Conference of Seventh-day Adventists re (12 in

1:11-mc-00003-JDB-egb, 183 in 1:06-cv-01207-JDB-egb) Order Adopting Report

and RecommendationsAFFIDAVIT OF JOEL T. GALANTER (Attachments: # 1Affidavit)Associated Cases: 1:06-cv-01207-JDB-egb, 1:11-mc-00003-


05/07/2012 187 ORDER OF REFERENCE re (DE 186 in 1:06-cv-01207-JDB-egb) (affidavit re:

attorney fees). Signed by Judge J. Daniel Breen on 5/7/2012. Associated Cases:

1:06-cv-01207-JDB-egb, 1:11-mc-00003-JDB-egb(Breen, J.) (Entered:

05/07/2012)

05/22/2012 188 REPORT AND RECOMMENDATIONS Objections to R&R due by 6/5/2012.

Signed by Magistrate Judge Edward G. Bryant on 5/22/12. Associated Cases:

1:06-cv-01207-JDB-egb, 1:11-mc-00003-JDB-egb(Bryant, Edward) (Entered:05/22/2012)

05/30/2012 189 REPORT AND RECOMMENDATIONS. Objections to R&R due by 6/13/2012.

Signed by Magistrate Judge Edward G. Bryant on 5/30/12. (Bryant, Edward)

(Entered: 05/30/2012)

06/11/2012 190 ORDER AWARDING ATTORNEYS FEES for (16 in 1:11-mc-00003-JDB-egb,

188 in 1:06-cv-01207-JDB-egb). Signed by Judge J. Daniel Breen on 6/11/12.

(Breen, J.) (Entered: 06/11/2012)

06/21/2012 191 ORDER AWARDING ATTORNEYS FEES AND COSTS re 189 . Signed by

Judge J. Daniel Breen on 6/21/12. (Breen, J.) (Entered: 06/21/2012)

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