Case: 2:20-cv-00166-GFVT-CJS Doc #: 53 Filed: 08/17/21 Page: 1 of 2 - Page ID#: 590

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
COVINGTON

)
PLEASANT VIEW BAPTIST CHURCH, et )
al., )
) Civil No. 2:20-cv-00166-GFVT-CJS
Plaintiffs, )
)
v. ) ORDER
)
GOVERNOR ANDREW BESHEAR, )
)
Defendant. )

*** *** *** ***

This matter is before the Court on Plaintiff Pleasant View Baptist Church’s Emergency

Motion for Stay/Injunction Pending Appeal, or in the Alternative Motion to Expedite Schedule.

[R. 51.] Pleasant View Baptist Church argues that this situation is similar to the circumstances

present in Maryville Baptist Church, Inc. v. Beshear, 957 F.3d 610, 612–13 (6th Cir. 2020), in

which the Sixth Circuit found a temporary restraining order to be appealable because of an

ongoing constitutional rights violation. Id. Pleasant View also argues that a local health

department threatened one of the Plaintiffs in this matter with shutdown and enforcement action

over the decision to leave masking up to the parents. Id. at 2.

Given the alleged constitutional rights at stake and the recent actions of at least one local

health department, Pleasant View asks the Court for either an emergency motion for a stay

pending appeal or to expedite the briefing schedule in this matter. Id. Given the facts and

procedural posture in this case, the Court is persuaded that an expedited briefing schedule on the

preliminary injunction is appropriate.

Case: 2:20-cv-00166-GFVT-CJS Doc #: 53 Filed: 08/17/21 Page: 2 of 2 - Page ID#: 591

Accordingly, and the Court being sufficiently advised, it is hereby ORDERED as

follows:

1. Plaintiff Pleasant View’s Emergency Motion for Stay/Injunction Pending Appeal, or in

the Alternative Motion to Expedite Schedule [R. 51] is GRANTED;

2. Defendant Governor Beshear SHALL RESPOND to Pleasant View Baptist Church’s

Emergency Motion for Leave to File Second Verified Amended and Supplemental

Complaint [R. 48] and Emergency Motion for Preliminary Injunction [R. 49] no later

than 5 p.m. on Friday, August 20, 2021; and

3. Plaintiff Pleasant View Baptist Church shall have until 5 p.m. on Monday, August 23,

2021, to reply to any response provided by Defendant Governor Beshear; and

4. The hearing in this matter is RESCHEDULED to Tuesday, August 24, 2021, at the

hour of 10:00 a.m. in Frankfort, Kentucky.

This the 17th day of August, 2021.