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

Filing 59

ORDER that the Court CONTINUES THE STAY in this case pending resolution of the remanded issues by Council. Defendant is ORDERED to file an updated status report with the Court on or before 7/15/12, which shall specifically address the status of the remand. Signed by District Judge Thomas A Varlan on 5/9/12. (ABF)

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

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No.:

3:11-CV-608
(VARLAN/SHIRLEY)

ORDER
This civil action is before the Court on Defendant American Bar Association’s Status
Report [Doc. 57]. Pursuant to the Court’s order of April 2, 2012 [Doc. 56], the defendant
submits a status report regarding the decision by the Appeals Panel of the ABA Section of
Legal Education and Admissions to the Bar (the “Section”) concerning the appeal filed by
plaintiff under Rule 10 of the ABA Standards and Rules of Procedure for Approval of Law
Schools.
Defendant informs the Court that on April 20, 2012, the Appeals Panel issued its
written statement, setting out its decision concerning plaintiff’s appeal of the denial of its
application for provisional approval by the Section’s Council. The Appeals Panel’s decision,
which remains confidential pursuant to Rule 25 of the ABA Standards and Rules of
Procedure for Approval of Law Schools, was to remand certain issues to the Council for
further consideration. Defendant states that such decision mandates that the administrative
process concerning plaintiff’s application remains ongoing before the Council. Also,

defendant submits that the remand will be considered by the Council at its next regularly
scheduled meeting on June 8, 2012.
In light of the remand to the Council, defendant requests that the stay previously
imposed by the Court’s order of April 2, 2012 [Doc. 56] be continued pending resolution of
the remanded issues by the Council. The Court is informed that plaintiff does not object to
continuing the stay during this period.
For good cause shown and in light of the lack of opposition, the Court hereby
CONTINUES THE STAY in this case pending resolution of the remanded issues by the
Council. Defendant is ORDERED to file an updated status report with the Court on or
before July 15, 2012, which shall specifically address the status of the remand.
IT IS SO ORDERED.

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

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