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

Filing 41

MOTION to Stay by American Bar Association. (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 MOTION TO STAY
Defendant American Bar Association (“ABA”), by its counsel, respectfully moves this
Honorable Court for a stay of the litigation in the above-captioned matter. A stay is appropriate
because plaintiff Lincoln Memorial University Duncan School of Law (“the School”) has filed
an appeal to the Appeals Panel of the December 2011 decision of the Council of the Section of
Legal Education and Admissions to the Bar denying provisional accreditation to the School,
which appeal was publicly announced on or about January 19, 2012. A stay will allow the
School properly to exhaust its administrative remedies. It will also allow the Appeals Panel a
full opportunity to consider the School’s claims, avoid premature interference with its processes
and provide a complete administrative record for judicial review. In support of this Motion, the
ABA submits the attached Memorandum.
Dated: February 8, 2012

Respectfully submitted,

Patricia J. Larson*
Stephanie Giggetts*
American Bar Association
321 N. Clark Street
Chicago, IL 60654
[phone]

By: s/ Howard H. Vogel
.
Howard H. Vogel (001015)
Jeffrey R. Thompson (20310)
P. Alexander Vogel, TN (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

CERTIFICATE OF SERVICE
I certify that on February 8, 2012, I properly served all parties with Defendant American
Bar Association’s Motion to Stay by operation of the Court’s electronic filing system to all
parties indicated on the electronic filing receipt and U.S. Mail.
By:

CH1 6479910v.1

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s/ Howard H. Vogel (0001015)