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FIRST FLOOR LIVING LLC (22-3216); LUSH DESIGNS, LLC (22-3217),
Plaintiffs-Appellants,
v.
CITY OF CLEVELAND, OHIO; LASTER LLC; BAUMANN ENTERPRISES, INC.; CUYAHOGA COUNTY LAND REUTILIZATION CORPORATION,
Defendants-Appellees.
   Nos. 22-3216/3217
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:21-cv-00018—J. Philip Calabrese, District Judge.
Argued: December 6, 2022
Decided and Filed: September 28, 2023
Before: SILER, GILMAN, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
_________________________

SILER, Circuit Judge. In 2018, First Floor Living, LLC (“First Floor”) and Lush Designs, LLC (“Lush Designs”) (collectively “Plaintiffs”) each purchased real estate parcels in Cleveland for the purpose of rehabilitating and redeveloping the properties. First Floor’s property was located at 4400 Warner Road, and Lush Designs’ property was located at 7410 Linwood Avenue. Prior to Plaintiffs’ purchases, the City of Cleveland (“Cleveland”) declared the buildings on the properties public nuisances, condemned them, and ordered that they be demolished. Following the purchases, and after Plaintiffs had invested time and resources into renovating the buildings, Cleveland authorized private contractors to demolish them.

In 2021, following demolition of the buildings, Plaintiffs filed suit against Cleveland; Cuyahoga County Land Reutilization Corporation (“Land Bank”); Laster, LLC (Laster); and Baumann Enterprises, Inc. (“Baumann”) (collectively “Defendants”), arguing that the demolitions violated numerous state laws and federal constitutional provisions.1 The district court denied Plaintiffs’ Rule 56(d) motion for discovery, granted summary judgment to Defendants on the constitutional claims, and declined to exercise supplemental jurisdiction over the remaining state law claims.

Plaintiffs argue that the district court erred by denying their Rule 56(d) motion for discovery and by granting Defendants’ motions for summary judgment. We affirm.



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TEAMSTERS LOCAL 237 WELFARE FUND, individually and on behalf of all others similarly situated,
Plaintiff-Appellant,
v.
SERVICEMASTER GLOBAL HOLDINGS, INC.; NIKHIL M. VARTY; ANTHONY D. DILUCENTE,
Defendants-Appellees.
   No. 22-5981
Appeal from the United States District Court for the Western District of Tennessee at Memphis.
No. 2:20-cv-02553—S. Thomas Anderson, District Judge.
Argued: July 20, 2023
Decided and Filed: September 28, 2023
Before: GILMAN, LARSEN, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. Pest-control company Terminix faced a “super termite” crisis from 2018 to 2019 that predominately affected homeowners in the Mobile, Alabama area. Teamsters Local 237 Welfare Fund (the Fund) alleges that Terminix’s parent company, ServiceMaster Global Holdings, Inc. (ServiceMaster), its then-CEO Nikhil Varty, and its then-CFO Anthony DiLucente (collectively, the Defendants), violated the federal securities laws through a series of misrepresentations and omissions that understated ServiceMaster’s liability for the resulting termite-damage claims, concealed the risk of such claims from investors, and falsely touted the company’s customer-retention and growth efforts while strategically using price increases to cause affected customers to drop their service contracts in an attempt to limit its future liability. The Fund also claims that these actions and omissions constituted a scheme to defraud ServiceMaster’s investors by inflating the company’s reported financial results relative to its true financial condition. All of this allegedly caused a financial loss to the Fund as an investor in ServiceMaster’s stock.

In response, the Defendants moved to dismiss the lawsuit for failure to state a claim. The district court concluded that, although the Fund had alleged two potentially actionable misstatements and omissions, it had failed to plead a strong inference that the Defendants had acted with the scienter required by the Private Securities Litigation Reform Act of 1995 (PSLRA), 109 Stat. 737, Pub. L. No. 104-67. Accordingly, the court dismissed the case. For the reasons set forth below, we AFFIRM the judgment of the district court.



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L. C.,
Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA,
Defendant-Appellee.
   No. 22-6105
Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:21-cv-00124—Gregory F. Van Tatenhove, District Judge.
Argued: July 26, 2023
Decided and Filed: September 28, 2023
Before: MOORE, GIBBONS, and BUSH, Circuit Judges.


_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. While L. C. was incarcerated at Federal Medical Center, Lexington (“FMC”) in Lexington, Kentucky, she was repeatedly sexually assaulted by Bureau of Prisons (“BOP”) employee Hosea Lee. L. C. alleges that the BOP knew or should have known of Lee’s assaults on her and other incarcerated women. She claims that the BOP failed to enforce its zero-tolerance policy for sexual assault in BOP facilities because BOP officials failed timely to report and investigate Lee’s assaults. Accordingly, L. C. filed a negligence claim against the United States under the Federal Tort Claims Act (“FTCA”). Because a BOP policy imposes specific and mandatory directives on all BOP officials timely to report and investigate information pertaining to sexual assault by a BOP official, and because deciding whether to do so is not susceptible to policy considerations, this type of negligence claim falls outside the scope of the discretionary-function exception to the FTCA. But because L. C.’s specific allegations fail to state a plausible claim upon which relief can be granted, we AFFIRM the judgment of the district court.



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L. W., by and through her parents and next friends, Samantha Williams and Brian Williams; SAMANTHA WILLIAMS; BRIAN WILLIAMS; JOHN DOE, by and through his parents and next friends, Jane Doe and James Doe; JANE DOE; JAMES DOE; RYAN ROE, by and through his parent and next friend, Rebecca Roe; REBECCA ROE; SUSAN N. LACY, on behalf of herself and her patients,
Plaintiffs-Appellees,
v.
JONATHAN THOMAS SKRMETTI, in his official capacity as the Tennessee Attorney General and Reporter, et al.,
Defendants-Appellants,

UNITED STATES OF AMERICA,
Intervenor-Appellee.
___________________________________________

JANE DOE 1, et al.,
Plaintiffs-Appellees,
v.
WILLIAM C. THORNBURY, JR., M.D., in his official capacity as the President of the Kentucky Board of Medical Licensure, et al.,
Defendants,

COMMONWEALTH OF KENTUCKY ex rel. DANIEL CAMERON, Attorney General of the Commonwealth of Kentucky,
Intervenor-Appellant.
   No. 23-5600











      No. 23-5609
No. 23-5600 On Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:23-cv-00376—Eli J. Richardson, District Judge.
No. 23-5609 On Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 3:23-cv-00230—David J. Hale, District Judge.
Argued: September 1, 2023
Decided and Filed: September 28, 2023
Before: SUTTON, Chief Judge; WHITE and THAPAR, Circuit Judges.


_________________________
OPINION
_________________________

SUTTON, Chief Judge. At issue in these two cases is whether the United States Constitution prohibits Kentucky and Tennessee from limiting certain sex-transition treatments for minors experiencing gender dysphoria.

. . .

No one in these consolidated cases debates the existence of gender dysphoria or the distress caused by it. And no one doubts the value of providing psychological and related care to children facing it. The question is whether certain additional treatments—puberty blockers, hormone treatments, and surgeries—should be added to the mix of treatments available to those age 17 and under. As to that, we return to where we started. This is a relatively new diagnosis with ever-shifting approaches to care over the last decade or two. Under these circumstances, it is difficult for anyone to be sure about predicting the long-term consequences of abandoning age limits of any sort for these treatments. That is precisely the kind of situation in which life-tenured judges construing a difficult-to-amend Constitution should be humble and careful about announcing new substantive due process or equal protection rights that limit accountable elected officials from sorting out these medical, social, and policy challenges.

For these reasons, we reverse the preliminary injunctions issued in these cases and remand them for further proceedings consistent with this decision.