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

Filing 65

NOTICE by American Bar Association re 64 Status Report Response (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 RESPONSE TO
PLAINTIFF’S SUPPLEMENTAL STATUS REPORT
On July 31, 2012, plaintiff Lincoln Memorial University Duncan School of Law (the
“School”) filed a supplemental status report notifying the Court that it has appealed the Council’s
decision of July 5, 2012 to the American Bar Association (“ABA”) Appeals Panel. (Doc. 64.)
The ABA confirms its receipt of the School’s appeal. A notice of the School’s appeal is posted
on the Section’s website, which states:
Lincoln Memorial University Duncan School of Law has appealed the Council’s
denial of its application for provisional approval on remand from the Appeals
Panel. The Council’s decision on remand is stayed pending the Appeals Panel’s
decision on the second appeal under Rule 10 of the Rules of Procedure for
Approval of Law Schools.1
The Appeals Panel will issue a written statement of its decision and the basis for that decision no
later than November 13, 2012. See ABA Rule of Procedure 10(f), (i).
In the School’s prior status report, filed on July 12, 2012, the School notified the Court of
1

Available at www.americanbar.org/groups/legal_education.html (last visited August 7, 2012)
(Council School Actions).

its intent to appeal the Council’s July 5 decision and proposed that “the current stay [of this case]
should remain until after the second decision of the Panel has been made.” (Doc. 62.) The ABA
agrees and therefore respectfully requests that the stay in this case be continued pending
resolution of this second appeal, to 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. The ABA will file an updated status report on or
before November 30, 2012 informing the Court of the Appeals Panel’s decision.

Dated: August 7, 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 (023944)
O’Neil, Parker & Williamson, PLLC
7610 Gleason Drive, Suite 200
Knoxville, TN 37919
[phone]
Anne E. Rea*
Michael P. Doss*
Linda R. Friedlieb*
Steven J. Horowitz*
Sidley Austin LLP
One South Dearborn Street
Chicago, IL 60603
[phone]
Attorneys for Defendant

*Pro hac vice

CERTIFICATE OF SERVICE
I certify that on August 7, 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:

2

s/ Howard H. Vogel (0001015)