Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1)

Filing 37

NOTICE by American Bar Association of Supplementation of Record (Attachments: # 1 Exhibit Supplemental Declaration of Hulett H. Askew)(Vogel, Howard)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION
LINCOLN MEMORIAL UNIVERSITY
DUNCAN SCHOOL OF LAW,
Plaintiff,
v.
THE AMERICAN BAR ASSOCIATION,
Defendant.

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Case No. 3:11-CV-608
Hon. Thomas A. Varlan
Magistrate Judge C. Clifford Shirley

DEFENDANT AMERICAN BAR ASSOCIATION’S
NOTICE OF SUPPLEMENTATION OF RECORD
Defendant American Bar Association (“ABA”), by its undersigned counsel, supplements
the record in this proceeding with the Supplemental Declaration of Hulett H. Askew, attached
hereto. In further support of this submission, the ABA states as follows.
1.

On January 18, 2012, this Court issued a 43 page Memorandum Opinion and

Order denying Plaintiff Lincoln Memorial University Duncan School of Law’s motion for
preliminary injunction. Doc. 35. In the Opinion, the Court noted the following:
Moreover, it was represented to the Court that the current sitting Appeals Panel
was appointed prior to the decision of the Council underlying this case; thus, there
is no reason to speculate that the Chair of the Council would appoint individuals
who might tend to affirm the Council’s decision in a case arising subsequent to
the composition of the Appeals Panel.
Id. at 20.
2.

Since the Opinion was issued counsel for the ABA has learned that, due to

administrative delays and a large number of volunteer member appointments to be made for
Section committee and governance positions, the membership of the 2011-12 Appeals Panel was
not constituted until December 18, 2011. The Council issued its written decision on December

20, 2011, regarding the School’s application for provisional approval. Thereafter, it was
determined that the public member could not serve and the 2010-11 public member was
appointed to serve a second term pursuant to Rule 10(g) on January 25, 2012.
3.

The ABA submits the Supplemental Declaration of Hulett H. Askew to inform the

Court about the members of the Appeals Panel appointed for 2011-12, the timing of their
appointment, and each member’s affirmation that he or she will comply with all requirements of
Rule 10, including its requirement of compliance with the Section’s Conflicts of Interest Policy,
as set out in the Section’s Internal Operating Practice 19. See Document 21-3 (IOP 19
“Conflicts of Interest”), pp. 11-13. Attached to Mr. Askew's Supplemental Declaration is further
information on the credentials of each member of the 2011-12 Appeals Panel and of its alternate
members.
4.

While counsel regrets not having had updated information regarding the Appeals

Panel at the time of the January 6 hearing, counsel can assure the Court that the 2011-12 Appeals
Panel stands ready to hear all appeals that are filed under the Section's Rule 10 during its term.
Dated: January 31, 2012
Patricia J. Larson*
Stephanie Giggetts*
American Bar Association
321 N. Clark Street
Chicago, IL 60654
[phone]

Respectfully submitted,
By: s/ Howard H. Vogel
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Howard H. Vogel (001015)
Jeffrey R. Thompson (20310)
P. Alexander Vogel (023944)
O’Neil, Parker & Williamson, PLLC
7610 Gleason Drive, Suite 200
Knoxville, TN 37919
[phone]
Anne E. Rea*
Michael P. Doss*
Linda R. Friedlieb*
Sidley Austin LLP
One South Dearborn Street
Chicago, IL 60603
[phone]
Attorneys for Defendant

*Pro hac vice

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CERTIFICATE OF SERVICE
I certify that on January 31, 2012, I properly served all parties by operation of the Court’s
electronic filing system to all parties indicated on the electronic filing receipt and U.S. Mail.
By:

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s/ Howard H. Vogel (0001015)