IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

)
)
) Civil Action No. 3:15-cv-01048
Plaintiffs,
)
v.
)
) Judge Kevin H. Sharp
PROVIDENCE COMMUNITY
)
CORRECTIONS, INC., AND
)
RUTHERFORD COUNTY, TENNESSEE, )
)
Defendants.
)
CINDY RODRIGUEZ, et al.,

STIPULATION AND ORDER CONVERTING TEMPORARY RESTRAINING

ORDER INTO A PRELIMINARY INJUNCTION
THIS MATTER previously came before the Honorable Kevin H. Sharp on October 2,
2015, on Plaintiffs Fred Robinsons and Steven Gibbss Motion for a Temporary Restraining
Order and Motion for Preliminary Injunction (Motion), against Defendants Providence
Community Corrections, Inc. (PCC, Inc.) and Rutherford County, Tennessee (Rutherford
County) (collectively Defendants). Subsequent to the parties agreement for entry of the
temporary restraining order (TRO), the parties now further agree that the TRO should be
converted to a preliminary injunction (Injunction).
Plaintiffs and Defendants, pursuant to Fed. R. Civ. P. 65, stipulate and request
immediate entry of this preliminary injunction against Defendants on the following terms:

Case 3:15-cv-01048 Document 19 Filed 10/13/15 Page 1 of 4 PageID #: 246

IT IS ORDERED and ADJUDGED that the Injunction is hereby GRANTED as

follows:
1.

Defendant Rutherford County, and its agents, employees, and officers, including

specifically the Rutherford County Sheriff, are hereby enjoined from serving or executing any
warrant, sought and issued solely on the basis of nonpayment of court costs, fines or probation or
other fees, for the arrest of Fred Robinson or Steven Gibbs;
2.

Defendant Rutherford County and its agents, employees, and officers, including

specifically the Rutherford County Sheriff, are hereby enjoined from serving and executing any
warrant, sought and issued on the basis of violation of probation, for the arrest of Fred Robinson
or Steven Gibbs that includes a preset secured money bond condition that would require payment
in order for Mr. Robinson or Mr. Gibbs to be released from custody;
3.

Defendant PCC, Inc. and its agents, employees, and officers are hereby enjoined

from seeking the issuance of any warrant, other than a Release on Recognizance (ROR)
warrant, solely on the basis of nonpayment of court costs, fines or probation or other fees for the
arrest of Fred Robinson or Steven Gibbs;
4.

Defendant PCC, Inc. and its agents, employees, and officers are hereby enjoined

from seeking the issuance of any warrant on the basis of violation of probation, for the arrest of
Fred Robinson or Steven Gibbs that seeks a preset secured money bond condition that would
require payment in order for Robinson or Gibbs to be released from custody;
5.

The injunction shall remain in effect during the pendency of this case or until

further ordered by the Court or stipulated by the parties;

6.

Defendants waive all rights to seek judicial review of or otherwise to challenge or

contest the validity of this stipulation and order.

2
Case 3:15-cv-01048 Document 19 Filed 10/13/15 Page 2 of 4 PageID #: 247

7.

Defendants are not currently seeking security to pay for any costs or damages

related to the injunction at this time, as otherwise provided by Fed. R. Civ. P. 65(c);
8.

Based on the parties stipulation to convert the TRO to the Injunction, the Court

strikes the hearing on Plaintiffs Motion for Preliminary Injunction scheduled for the 16th day of
October, 2015, at 3:00 p.m. in the United States District Courthouse for the Middle District of
Tennessee, Nashville Division, 801 Broadway #800, Nashville, Tennessee;
SO ORDERED this WKGD\RI2FWREHU

___________________________
Kevin H. Sharp
United States District Judge

3
Case 3:15-cv-01048 Document 19 Filed 10/13/15 Page 3 of 4 PageID #: 248

Respectfully Submitted:

By: s/ Lisa Rivera

Lisa S. Rivera
Kathryn H. Walker
Bass, Berry & Sims
150 Third Avenue South
Suite 2800
Nashville, TN 37201-3001
T: (615) 742-6200
F: (615) 742-2868
lrivera@bassberry.com
kwalker@bassberry.com
Attorneys for Providence Community
Corrections, Inc.

By: s/ Evan Cope

Edward Evan Cope
James C. Cope
Josh A. McCreary
Blake Allan Garner
Cope, Hudson, Reed &
McCreary, PLLC
16 Public Square N.
PO Box 884
Murfreesboro, TN 37133
T: 615-893-5522
F: 615-849-2135
ecope@mborolaw.com
jcope@mborolaw.com
jmccreary@mborolaw.com
bgarner@mborolaw.com
Attorneys for Rutherford
County, Tennessee

By: s/ Jonathan Cole

Jonathan Jacob Cole
Sarah D. Murray
Baker, Donelson, Bearman, Caldwell &
Berkowitz, PC
211 Commerce Street
Suite 800
Nashville, TN 37201
T: 615-726-6500
jcole@bakerdonelson.com
smurray@bakerdonelson.com
Lori H Patterson
Kristine L. Roberts
Matthew G. White
Baker, Donelson, Berman, Caldwell &
Berkowitz, PC
First Tennessee Building
165 Madison Avenue
Suite 2000
Memphis TN 38103
T: 901-526-2000
F: 901-577-0732
kroberts@bakerdonelson.com
lpatterson@bakerdonelson.com
mwhite@bakerdonelson.com
Alec Karakatsanis
Phil Telfeyan
Equal Justice Under Law
916 G Street, NW
Suite 701
Washington, DC 20001
T: 202-670-1004
alec@equaljusticeunderlaw.org
ptelfeyan@equaljusticeunderlaw.org
Attorneys for Plaintiffs Fred Robinson and
Steven Gibbs
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