IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ________________________________________________________________ SHIRLEY COHEN AND HANNAH COHEN, Plaintiffs, v.
Civil No. 2:16-CV-2529
TRANSPORTATION SECURITY ADMINISTRATION, MEMPHIS-SHELBY COUNTY AIRPORT AUTHORITY, AND MEMPHIS INTERNATIONAL AIRPORT POLICE DEPARTMENT, Defendants. PLAINTIFFS’ AND DEFENDANTS’ JOINT MOTION TO STAY THE COURT’S ADR REQUIREMENTS UNTIL AFTER THE COURT RULES ON ALL PENDING DISPOSITVE MOTIONS COMES NOW the Defendants Memphis International Airport Police Department Airport
(“the
Authority
Administration
Police
Department”),
(“MSCAA”),
(“TSA’),
and
the
Memphis-Shelby
Transportation
Plaintiffs,
by
and
County Security
through
their
counsel of record, pursuant to Rule 16.3(e) of this Court’s Local Rules and Section 2.2 of this Court’s Plan for Alternative Dispute Resolution, and hereby moves this Court to enter an Order granting their Joint Motion to Stay the Court’s ADR Requirements Until After the Court Rules on All Pending Dispositive Motions. In support of this Motion, Defendants state the following:
Procedural History This case involves the arrest of Plaintiff Hannah Cohen after she set off a body scanner as she and her mother, Plaintiff Shirley Cohen,
went
through
the
International Airport.
screening
process
at
the
Memphis
(Plaintiffs’ Second Amended Complaint, ECF
Document 12-1, ¶¶ 14 and 18). Plaintiffs have sued MSCAA, TSA, and the Police Department pursuant
to
Rehabilitation
the
Americans
Act
of
1973,
with and
Disabilities for
“Tennessee
Act,
the
common-law
intentional and negligent infliction of emotional distress.”
Id.
at p. 1. On August 10, 2016, MSCAA and the Police Department each filed a Motion for Judgment on the Pleadings.
(Defendants’ Motions for
Judgment on the Pleadings, ECF Documents 22 and 23 respectively). On September 2, 2016, TSA filed Federal Defendant’s Motion to Dismiss Plaintiffs’ Amended Complaint.
(ECF Document 28).
APPLICABLE LAW LR
16.3
(e),
Relief
from
Alternative
Dispute
Resolution
Requirement, provides, “By motion for good cause shown, a party may be relieved of the obligation to participate in ADR.” Likewise, section 2.2, Relief from ADR Referral, of this Court’s Plan for Alternative Dispute Resolution provides: Criteria. Opting Out Motions shall be granted only for good cause shown. Inconvenience, travel costs, attorney fees or other costs shall not constitute 2
good cause. A party seeking relief from ADR must set forth the reasons why ADR has no reasonable chance of being productive. THE PARTIES’ GOOD CAUSE As
stated
above,
MSCAA,
TSA,
and
the
currently have pending dispositive motions.
Police
Department
As such, the parties
agree that mediation would be unproductive until the Court rules on these Motions. WHEREFORE, Defendants
and Plaintiffs
move this Honorable
Court to enter an Order Staying any mediation requirements until the Court rules on all pending dispositive motions. Respectfully submitted, PETKOFF AND FEIGELSON, PLLC /s/James L. Cresswell, Jr. James L. Cresswell, Jr. (#26257) David I. Feigelson (#20350) Logan A. Klauss (#34311) 305 Washington Avenue Memphis, Tennessee 38103-1911 (901) 523-1050 Attorneys for Memphis-Shelby County Airport Authority and Memphis International Police Department
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Edward L. Stanton III United States Attorney /s/ David Brackstone________ David Brackstone (#27989) Assistant United States Attorney 167 N. Main Street, Suite 800 Memphis, Tennessee 38103 (901) 544-4231 Attorney for The Transportation Security Administration The Pearson Law Office /s/ Kelly Pearson Kelly Pearson (#032300) Attorney at Law 4745 Poplar Ave, Suite 212 Memphis, Tennessee 38117 (901) 338-2638 Attorney for Plaintiffs Law Office of William G. Hardwick II /s/ William Hardwick______________ William G. Hardwick II (#13264) 4745 Poplar Ave, Suite 201 Memphis, Tennessee 38117 (901) 338-2638 Attorney for Plaintiffs
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