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15-013 - Ark Encounter, LLC et al v. Stewart et al


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15-013 - Ark Encounter, LLC et al v. Stewart et al
October 30, 2015
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MEMORANDUM OPINION & ORDER: 1. The proposed intervenors' motion to intervene 19 is DENIED. 2. Should, however, the putative intervenors wish to file a memorandum stating their position, their counsel is invited to brief the case as amicus curiae. If the putative intervenors wish to participate in this way, their counsel should file a motion seeking leave to file such a memorandum, attaching the amicus brief as an exhibit, within twenty-one (21) days of the entry of this Order. 3. The Request for Clarification concerning the July 1, 2015 hearing 47 is DENIED AS MOOT. Signed by Judge Gregory F. VanTatenhove on 10/30/2015.(CBD)cc: COR
January 25, 2016
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OPINION & ORDER: 1. Defendants' Motion to Dismiss Plaintiffs' claims under Rule 12(b)(6) 18 is DENIED as to all claims except those against Secretary Stewart in his individual capacity; 2. Plaintiffs' claims against Secretary Stewart in his individual capacity are DISMISSED; 3. Plaintiffs' state law claims are DISMISSED WITHOUT PREJUDICE to their being pursued in state court, pursuant to Plaintiffs' withdrawal of those claims (R. 36 at 22); and 4. Plaintiffs' Motion for Preliminary Injunction 15 is GRANTED in PART as follows: The Commonwealth of Kentucky and its Tourism, Arts, and Heritage Cabinet are enjoined from applying the KTD Act in a way that excludes AE, LLC from the program based on its religious purpose and message or based on its desire to utilize any Title VII exception for which it qualifies concerning the hiring of its personnel. Signed by Judge Gregory F. VanTatenhove on 1/25/2016.(CBD)cc: COR