S.D. Ind. 3:18-cv-00037 Docket
J.A.W. v. Evansville Vanderburgh School Corp.
No. 3:18-cv-00037, Case History (under construction)
Court: Southern District of Indiana (Evansville)
Assigned to: Judge Tanya Walton Pratt
(previously Judge Richard L. Young, recused 3/14/18)
(previously Judge William T. Lawrence, retired 6/30/19)
Referred to: Magistrate Judge Matthew P. Brookman
| Date Filed | # | Docket Text |
| 02/22/2018 | 1 | COMPLAINT for Declaratory and Injunctive Relief and Damages against EVANSVILLE VANDERBURGH SCHOOL CORPORATION, filed by JAW. (Filing fee $400, receipt number 0756-4764675) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 02/22/2018) |
| 02/22/2018 | 2 | NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff JAW. (Falk, Kenneth) (Entered: 02/22/2018) |
| 02/22/2018 | 3 | NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiff JAW. (Mensz, Jan) (Entered: 02/22/2018) |
| 02/22/2018 | 4 | NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff JAW. (Rose, Gavin) (Entered: 02/22/2018) |
| 02/22/2018 | 5 | Summons Issued as to EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (JRB) (Entered: 02/22/2018) |
| 02/22/2018 | 6 | MAGISTRATE JUDGE’s NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 02/22/2018) |
| 03/13/2018 | 7 | NOTICE of Appearance by Patrick A. Shoulders on behalf of Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 03/13/2018) |
| 03/13/2018 | 8 | NOTICE of Appearance by Robert L. Burkart on behalf of Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Burkart, Robert) (Entered: 03/13/2018) |
| 03/14/2018 | 9 | ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge Richard L. Young on 3/14/2018. (TMD) (Entered: 03/14/2018) |
| 03/14/2018 | 10 | NOTICE of Reassignment of Case to Judge William T. Lawrence. Judge Richard L. Young is no longer assigned to this case. Please include the new case number, 3:18-cv-37-WTL-MPB, on all future filings in this matter. (JRB) (Entered: 03/14/2018) |
| 03/20/2018 | 11 | NOTICE of Appearance by Jean Marie Blanton on behalf of Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Blanton, Jean) (Entered: 03/20/2018) |
| 03/20/2018 | 12 | MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Shoulders, Patrick) (Entered: 03/20/2018) |
| 03/20/2018 | 13 | BRIEF/MEMORANDUM in Support re 12 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 03/20/2018) |
| 03/20/2018 | 14 | ORDER SETTING INITIAL PRE-TRIAL CONFERENCE – Initial Telephonic Pretrial Conference set for 5/16/2018 at 09:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/20/2018.(JRB) (Entered: 03/20/2018) |
| 03/29/2018 | 15 | MOTION for Extension of Time to File Response to April 10, 2018 re 12 MOTION to Dismiss (UNOPPOSED), filed by Plaintiff J.A.W.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/29/2018) |
| 04/06/2018 | 16 | ORDER – granting 15 Motion for Extension of Time to File Response to 4/10/2018 re 12 MOTION to Dismiss . Signed by Judge William T. Lawrence on 4/6/2018. (RSF) (Entered: 04/06/2018) |
| 04/10/2018 | 17 | NOTICE of Filing of Evidentiary Material by J.A.W. (Attachments: # 1 Exhibit Declaration of JAW, # 2 Exhibit Declaration of Wyatt Squires) (Falk, Kenneth) (Entered: 04/10/2018) |
| 04/10/2018 | 18 | RESPONSE in Opposition re 12 MOTION to Dismiss , filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 04/10/2018) |
| 04/10/2018 | 19 | MOTION for Preliminary Injunction , filed by Plaintiff J.A.W.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/10/2018) |
| 04/10/2018 | 20 | BRIEF/MEMORANDUM in Support re 19 MOTION for Preliminary Injunction , filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 04/10/2018) |
| 04/12/2018 | 21 | SCHEDULING ORDER – TELEPHONIC INITIAL PRE-TRIAL CONFERENCE set for May 16, 2018, is hereby RESCHEDULED for APRIL 17, 2018 at 1:30 p.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/12/2018.(JRB) (Entered: 04/12/2018) |
| 04/17/2018 | 23 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 4/17/2018. Defendant’s Reply to Plaintiff’s Response to Motion to Dismiss (Docket No. 12 ) shall be filed by May 1, 2018.] The briefing schedule for Plaintiff’s Motion for Preliminary Injunction (Docket No. 19 ) shall be as follows: Defendant’s Response shall be filed by July 2, 2018. Plaintiff’s Reply shall be filed by July 16, 2018. Status Conference set for 7/9/2018 at 10:00 AM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 04/17/2018) |
| 05/01/2018 | 24 | REPLY in Support of Motion re 12 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Exhibit A – Newsletter)(Shoulders, Patrick) (Entered: 05/01/2018) |
| 05/01/2018 | 25 | MOTION to Strike 17 NOTICE of Filing Declarations of J.A.W. and Wyatt Squires, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Shoulders, Patrick) (Entered: 05/01/2018) |
| 05/09/2018 | 26 | CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff J.A.W. . (Falk, Kenneth) (Entered: 05/09/2018) |
| 05/10/2018 | 27 | ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED – Dispositive Motions due by 1/22/2019. Discovery due by 12/24/2018. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 5/10/2018.(JRB) (Entered: 05/10/2018) |
| 05/10/2018 | 28 | RESPONSE in Opposition re 25 MOTION to Strike 17 NOTICE of Filing Declarations of J.A.W. and Wyatt Squires , filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 05/10/2018) |
| 05/15/2018 | 29 | REPLY in Support of Motion re 25 MOTION to Strike 17 NOTICE of Filing Declarations of J.A.W. and Wyatt Squires , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 05/15/2018) |
| 05/31/2018 | 30 | Joint MOTION for Protective Order , filed by Plaintiff J.A.W.. (Attachments: # 1 Text of Proposed Order)(Mensz, Jan) (Entered: 05/31/2018) |
| 05/31/2018 | 31 | MOTION FOR ORAL ARGUMENT, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Shoulders, Patrick) (Entered: 05/31/2018) |
| 06/01/2018 | 32 | UNIFORM STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 6/1/2018.(JRB) (Entered: 06/01/2018) |
| 06/05/2018 | 33 | ENTRY ON DEFENDANT’S MOTION TO DISMISS – This cause is before the Court on the Defendant’s 12 motion to dismiss. The motion is fully briefed and the Court, being duly advised, DENIES the motion for the reasons set forth below. The Court also DENIES the Defendant’s 31 motion for oral argument. The Court also DENIES the Defendant’s motion to strike 25 , as it serves no purpose for statements to be “stricken” from declarations on the ground that they are inadmissible hearsay. A.W.’s interests in this case at this time. The Clerk is directed to modify the docket to indicate that J.A.W. is the Plaintiff in this case. Because it is unnecessary for J.A.W. to have a next friend in order to pursue this case, Wyatt Squires will no longer be acting as J.A.W.’s next friend. The parties shall modify the caption accordingly in future filings.This cause is set for a preliminary injunction hearing on Friday, July 20, 2018, at 8:30 a.m. in Room 301, 101 Northwest MLK Jr. Blvd., Evansville, Indiana 47708. The Court has set aside one day for the hearing. The parties shall file a list of exhibits they intend to offer and witnesses they intend to call at the hearing by no later than July 6, 2018. Any objections to theother party’s exhibits or witnesses shall be filed by no later than July 13, 2018. SEE ORDER. Signed by Judge William T. Lawrence on 6/5/2018.(JRB) (Entered: 06/05/2018) |
| 06/13/2018 | 34 | ANSWER to 1 Complaint /Demand for Jury Trial, filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION.(Shoulders, Patrick) (Entered: 06/13/2018) |
| 06/22/2018 | 35 | SCHEDULING ORDER – TELEPHONIC STATUS CONFERENCE set for July 9, 2018, is hereby RESCHEDULED for JULY 12, 2018 at 11:00 a.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 6/22/2018.(JRB) (Entered: 06/22/2018) |
| 06/22/2018 | 36 | NOTICE of Service of Initial Disclosures , filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 06/22/2018) |
| 06/25/2018 | 37 | Unopposed MOTION for Extension of Time to File Response to July 6, 2018 re 19 MOTION for Preliminary Injunction , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Shoulders, Patrick) (Entered: 06/25/2018) |
| 06/29/2018 | 38 | Witness List -Preliminary-, filed by Plaintiff J.A.W., Exhibit List -Preliminary-, filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 06/29/2018) |
| 06/29/2018 | 39 | ORDER granting in part 37 Motion for Extension of Time to File Response to 19 MOTION for Preliminary Injunction to 7/3/18. Signed by Judge William T. Lawrence on 6/29/2018. (JRB) (Entered: 06/29/2018) |
| 07/03/2018 | 41 | RESPONSE in Opposition re 19 MOTION for Preliminary Injunction , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Exhibit 1 – Deposition pages of J.A.W.)(Shoulders, Patrick) (Entered: 07/03/2018) |
| 07/03/2018 | 42 | Appendix of Exhibits in Support of Response in Opposition to Motion re 19 MOTION for Preliminary Injunction and Request to Take Judicial Notice, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Exhibit A -Change in Birth Certificate, # 2 Exhibit B – 140 IAC – IN Driver’s License, # 3 Exhibit C – Gender Designation Change on Passport, # 4 Exhibit D – Social Security, # 5 Exhibit E – Medicare-Nat’l Center for Transgender Equality, # 6 Exhibit F – IHSAA Ex Comm Meeting Minutes, # 7 Exhibit G – USCIS Documents, # 8 Exhibit H – Transgender Offender Manual-Change Notice, # 9 Exhibit I – Dod Instruction, # 10 Exhibit J – When Children Say They’re Trans)(Shoulders, Patrick) (Entered: 07/03/2018) |
| 07/06/2018 | 43 | Witness List and Exhibit List, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 07/06/2018) |
| 07/06/2018 | 44 | Witness List (for Preliminary Injunction Hearing), filed by Plaintiff J.A.W., Exhibit List (for Preliminary Injunction Hearing), filed by Plaintiff J.A.W.. (Rose, Gavin) (Entered: 07/06/2018) |
| 07/06/2018 | 45 | Witness List for Preliminary Injunction Hearing, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION, Exhibit List for Preliminary Injunction Hearing, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 07/06/2018) |
| 07/12/2018 | 46 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 7/12/2018. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 07/12/2018) |
| 07/13/2018 | 47 | STIPULATION to Authenticity of Documents, filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 07/13/2018) |
| 07/13/2018 | 48 | OBJECTION to Defendant’s Witnesses and Exhibits for Prelim. Inj. Hearing by J.A.W.. Related document: 45 Witness List Exhibit List filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION.(Rose, Gavin) (Entered: 07/13/2018) |
| 07/13/2018 | 49 | OBJECTION to Plaintiff’s Exhibit List for Preliminary Injunction Hearing by EVANSVILLE VANDERBURGH SCHOOL CORPORATION. Related document: 44 Witness List Exhibit List filed by J.A.W..(Shoulders, Patrick) (Entered: 07/13/2018) |
| 07/16/2018 | 50 | Submission of Supplemental Evidence in Support of 19 Motion for Preliminary Injunction, filed by Plaintiff J.A.W.. (Attachments: # 1 Exhibit Deposition of JAW with selected exhibits, # 2 Exhibit Deposition of Sup’t David Smith with selected exhibits, # 3 Exhibit Supplemental declaration of JAW, # 4 Exhibit Declaration of Tammy Work, # 5 Exhibit Declaration of Dr. Randi Ettner, # 6 Exhibit Declaration of Dr. James Fortenberry, # 7 Exhibit Declaration of Dr. Janine Fogel, # 8 Exhibit Declaration of Dr. Judy Chiasson, # 9 Exhibit Declaration of Zachary Mulholland, # 10 Exhibit Declaration of Aleczander Deam)(Falk, Kenneth) Modified on 7/17/2018 (JRB). (Entered: 07/16/2018) |
| 07/16/2018 | 51 | SEALED (Notice of Filing Exhibits Under Seal), filed by Plaintiff J.A.W.. (Attachments: # 1 Exhibit 1 (Exh. 3 to Pltf’s Dep. – Counseling Records), # 2 Exhibit 2 (Exh. 4 to Pltf’s Dep. – Counseling Record), # 3 Exhibit 3 (Exh. 5 to Pltf’s Dep. – Medical Records), # 4 Exhibit 4 (Exh. 6 to Pltf’s Dep. & Dep. of David Smith – Photograph of Pltf.))(Rose, Gavin) (Entered: 07/16/2018) |
| 07/16/2018 | 52 | MOTION to Maintain Document Under Seal 51 SEALED Document (Case Participants – doc) , filed by Plaintiff J.A.W.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 07/16/2018) |
| 07/16/2018 | 53 | BRIEF/MEMORANDUM in Support re 52 MOTION to Maintain Document Under Seal 51 SEALED Document (Case Participants – doc) , filed by Plaintiff J.A.W.. (Rose, Gavin) (Entered: 07/16/2018) |
| 07/16/2018 | 54 | REPLY in Support of Motion re 19 MOTION for Preliminary Injunction , filed by Plaintiff J.A.W.. (Attachments: # 1 Appendix A- bathroom policies in other, non-Indiana, jurisdictions, # 2 Appendix B-discrimination policies in other Indiana school districts)(Falk, Kenneth) (Entered: 07/16/2018) |
| 07/18/2018 | 55 | MOTION for Leave to File Response to Deft.’s Objections to Pltf.’s Exhibits to be Presented at the Prelim. Inj. Hrg., filed by Plaintiff J.A.W.. (Attachments: # 1 Exhibit (Response to Deft.’s Objections to Pltf.’s Exhibits to be Presented at the Prelim. Inj. Hrg.), # 2 Text of Proposed Order)(Rose, Gavin) (Entered: 07/18/2018) |
| 07/18/2018 | 56 | MOTION for Leave to File Sur-Reply in Opposition to Plaintiff’s Motion for Preliminary Injunction, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Sur-Reply, # 2 Text of Proposed Order)(Shoulders, Patrick) (Entered: 07/18/2018) |
| 07/19/2018 | 57 | ENTRY FOR JULY 19, 2018 – First, the Defendant’s motion to file a surreply in opposition to the motion for preliminary injunction 56 is GRANTED. The Clerk is directed to file the Defendant’s surreply, which is found at Dkt. No. 56-1.Second, the Plaintiff’s motion for leave to file a response to the Defendant’s objections to his exhibits ( 55 is GRANTED. The Clerk is directed to file the Plaintiff’s response, which is found at Dkt. No. 55-1. SEE ORDER. Signed by Judge William T. Lawrence on 7/19/2018. (JRB) (Entered: 07/19/2018) |
| 07/19/2018 | 58 | Response to 49 Defendant’s Objections to Plaintiff’s Exhibits to be Presentedat the Preliminary Injunction Hearing, filed by Plaintiff J.A.W.. (JRB) (Entered: 07/19/2018) |
| 07/19/2018 | 59 | Surreply in Opposition to 19 MOTION for Preliminary Injunction , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (JRB) (Entered: 07/19/2018) |
| 07/23/2018 | 60 | Minute Entry for proceedings held before Judge William T. Lawrence: Evidentiary Hearing held on 7/20/2018. Plaintiff appears in person and with counsel, defendant appears by its representative and with counsel, and the hearing begins. Pursuant to the motion of plaintiff, a separation of witnesses is ordered. Plaintiff presents documentary evidence. Plaintiff rests. Defendant presents the testimony of J.A.W. and Dr. David Smith and documentary evidence. Defendant rests. Court requests proposed Findings of Fact and Conclusions of Law be filed by July 27, 2018. Court is adjourned. (Court Reporter Maggie Techert.) (CMC) (Entered: 07/23/2018) |
| 07/25/2018 | 61 | TRANSCRIPT of Preliminary Injunction Hearing held on July 20, 2018 before Judge William T. Lawrence. (69 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/15/2018. Release of Transcript Restriction set for 10/23/2018. (Techert, Maggie) Released on 10/23/2018 (SWM). (Entered: 07/25/2018) |
| 07/25/2018 | 62 | NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Judge William T. Lawrence on July 20, 2018 (Techert, Maggie) (Entered: 07/25/2018) |
| 07/25/2018 | Remark Review of 61 TRANSCRIPT Completed. No items identified to redact. (JRB) (Entered: 07/25/2018) | |
| 07/27/2018 | 63 | Findings of Fact & Conclusions of Law (proposed) and Preliminary Injunction by J.A.W.. (Falk, Kenneth) (Entered: 07/27/2018) |
| 07/27/2018 | 64 | ORDER granting 52 Motion to Maintain Document 51 Under Seal. Signed by Magistrate Judge Matthew P. Brookman on 7/27/2018. (JRB) (Entered: 07/27/2018) |
| 07/27/2018 | 65 | Proposed Findings of Fact by EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 07/27/2018) |
| 07/31/2018 | 66 | NOTICE of Appearance by Laura Katherine Boren on behalf of Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura) (Entered: 07/31/2018) |
| 08/02/2018 | 67 | NOTICE of Updated Authority, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION, re 41 Response in Opposition to Motion, 65 Proposed Findings of Fact. (Attachments: # 1 Supplement Supplemental – Revised Opinion, # 2 Supplement Supplemental – Dissenting Opinion from Denial) (Shoulders, Patrick) (Entered: 08/02/2018) |
| 08/03/2018 | 68 | ORDER granting 19 Motion for Preliminary Injunction – EVSC shall permit J.A.W. to use the boys’ restrooms within the schools and other buildings of EVSC. No bond will be required. SEE ORDER. Signed by Judge William T. Lawrence on 8/3/2018. (JRB) (Entered: 08/03/2018) |
| 08/06/2018 | 69 | MOTION to Stay , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Shoulders, Patrick) (Entered: 08/06/2018) |
| 08/07/2018 | 70 | NOTICE OF APPEAL as to 68 Order on Motion for Preliminary Injunction, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Filing fee $505, receipt number 0756-5005412) (Shoulders, Patrick) (Entered: 08/07/2018) |
| 08/08/2018 | 71 | PARTIES’ SHORT RECORD re 70 Notice of Appeal – Instructions for Attorneys/Parties attached. (LBT) (Entered: 08/08/2018) |
| 08/08/2018 | 72 | Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 70 Notice of Appeal. – for Court of Appeals Use Only. (LBT) (Entered: 08/08/2018) |
| 08/08/2018 | 73 | NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Gavin Minor Rose hereby notifies the Clerk of the court of changed contact information. (Rose, Gavin) (Entered: 08/08/2018) |
| 08/08/2018 | 74 | NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Kenneth J. Falk hereby notifies the Clerk of the court of changed contact information. (Falk, Kenneth) (Entered: 08/08/2018) |
| 08/08/2018 | 75 | USCA Case Number 18-2696 for 70 Notice of Appeal filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (MAT) (Entered: 08/08/2018) |
| 08/09/2018 | 76 | RESPONSE in Opposition re 69 MOTION to Stay , filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 08/09/2018) |
| 08/10/2018 | 77 | NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jan P. Mensz hereby notifies the Clerk of the court of changed contact information.(Mensz, Jan) (Entered: 08/10/2018) |
| 08/10/2018 | 78 | ORDER denying 69 Motion to Stay – SEE ORDER. Signed by Judge William T. Lawrence on 8/10/2018. (JRB) (Entered: 08/13/2018) |
| 08/13/2018 | 79 | SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by EVANSVILLE VANDERBURGH SCHOOL CORPORATION for proceedings held on July 20, 2018 before Judge William T. Lawrence, re 70 Notice of Appeal (Shoulders, Patrick) (Entered: 08/13/2018) |
| 09/13/2018 | 80 | MANDATE of USCA as to 70 Notice of Appeal filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION (USCA #18-2696) – IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (MAT) (Entered: 09/13/2018) |
| 12/19/2018 | 81 | SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE on JANUARY 11, 2019 at 8:30 a.m. (CST) Evansville time, before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephone conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 12/19/2018.(JRB) (Entered: 12/19/2018) |
| 12/28/2018 | 82 | Statement of Claims by J.A.W.. (Falk, Kenneth) (Entered: 12/28/2018) |
| 12/31/2018 | 83 | MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Vonderahe, Keith) (Entered: 12/31/2018) |
| 12/31/2018 | 84 | BRIEF/MEMORANDUM in Support re 83 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Vonderahe, Keith) (Entered: 12/31/2018) |
| 01/11/2019 | 86 | MOTION to Withdraw Attorney Appearance , filed by Plaintiff J.A.W.. (Attachments: # 1 Text of Proposed Order)(Mensz, Jan) (Entered: 01/11/2019) |
| 01/14/2019 | 87 | MOTION for Partial Summary Judgment , filed by Plaintiff J.A.W.. (Attachments: # 1Exhibit JAW-2nd Supp. Declaration)(Falk, Kenneth) (Entered: 01/14/2019) |
| 01/14/2019 | 88 | BRIEF/MEMORANDUM in Support re 87 MOTION for Partial Summary Judgment , filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 01/14/2019) |
| 01/14/2019 | 89 | RESPONSE in Opposition re 83 MOTION to Dismiss , filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 01/14/2019) |
| 01/14/2019 | 90 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/11/2019. The remaining briefing schedule for Defendant’s Motion to Dismiss (Docket No. 83 ) shall be as follows: Plaintiff’s Response shall be filed by January 25, 2019. Defendant’s Reply shall be filed by February 1, 2019. The summary judgment briefing schedule shall be as follows: Plaintiff’s Motion shall be filed by January 22, 2019. Defendant’s Motion, if any, and/or Response to Plaintiff’s Motion shall be filed by February 21, 2019. Plaintiff’s Response to Defendant’s Motion, if needed, and/or Reply shall be filed by March 7, 2019. Defendant’s Reply, if needed, shall be filed by March 14, 2019. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 01/14/2019) |
| 01/29/2019 | 91 | BRIEF/MEMORANDUM in Support re 83 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1Affidavit of David B. Smith)(Shoulders, Patrick) (Entered: 01/29/2019) |
| 02/01/2019 | 92 | MOTION to File Surreply to Defendant’s Reply Brief in Support of Second Motion to Dismiss, filed by Plaintiff J.A.W.. (Attachments: # 1 Text of Proposed Order, # 2Proposed Memorandum of Law)(Falk, Kenneth) (Entered: 02/01/2019) |
| 02/04/2019 | 93 | RESPONSE in Opposition re 92 MOTION to File Surreply to Defendant’s Reply Brief in Support of Second Motion to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 02/04/2019) |
| 02/07/2019 | 94 | NOTICE of Appearance by Stevie Pactor on behalf of Plaintiff J.A.W.. (Pactor, Stevie) (Entered: 02/07/2019) |
| 02/21/2019 | 95 | Cross MOTION for Summary Judgment , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura) (Entered: 02/21/2019) |
| 02/21/2019 | 96 | RESPONSE in Opposition re 87 MOTION for Partial Summary Judgment and in Support of Defendant’s Cross-Motion for Summary Judgment 95 , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura) (Entered: 02/21/2019) |
| 02/28/2019 | 97 | BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re 95 Cross MOTION for Summary Judgment , 87 MOTION for Partial Summary Judgment Reply in Support, filed by Plaintiff J.A.W.. (Pactor, Stevie) (Entered: 02/28/2019) |
| 02/28/2019 | 98 | ORDER granting 86 Motion to Withdraw Attorney Appearance. Attorney Jan P. Mensz withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 2/28/2019. (JRB) (Entered: 02/28/2019) |
| 03/14/2019 | 99 | REPLY in Support of Motion re 95 Cross MOTION for Summary Judgment , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 03/14/2019) |
| 04/15/2019 | 100 | Joint MOTION for Extension of Time to 30 days after the Court’s last ruling on the pending motion to dismiss and summary judgment requests to serve final witness and exhibit lists, filed by Plaintiff J.A.W.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/15/2019) |
| 04/16/2019 | 101 | ORDER granting 100 Motion for Extension of Time to Serve Final Witness and Exhibit Lists 30 days after the Court’s last ruling on the pending motion to dismiss and dispositive motions. Signed by Magistrate Judge Matthew P. Brookman on 4/16/2019. (JRB) (Entered: 04/16/2019) |
| 05/21/2019 | 102 | AFFIDAVIT in Support of Motion re 83 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick) (Entered: 05/21/2019) |
| 06/07/2019 | 103 | ENTRY ON PENDING MOTIONS – This cause is before the Court on the Defendant’s second motion to dismiss (Dkt. No. 83 ); the Plaintiff’s motion for partial summary judgment (Dkt. No. 87 ); and the Defendant’s cross motion for summary judgment (Dkt. No. 95 ). The motions are fully briefed. The Court GRANTS the Plaintiff’s motion for partial summary judgment (Dkt. No. 87 ) and DENIES the Defendant’s cross-motion for summary judgment (Dkt. No. 95 ). The Plaintiff’s motion to file a surreply (Dkt. No. 92 ) is DENIED AS MOOT. Finally, the Defendant’s Second Motion to Dismiss (Dkt. No. 83 ) is DENIED. Within 14 days of the date of this Entry, the parties shall file a joint notice informing the Court whether they still believe that a three-day jury trial in October 2019 is appropriate. (See Entry.) Signed by Judge William T. Lawrence on 6/7/2019. (RSF) (Entered: 06/07/2019) |
| 06/11/2019 | 104 | SCHEDULING ORDER: Telephonic Status Conference set for 6/17/2019 at 01:30 PM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification.. Signed by Magistrate Judge Matthew P. Brookman on 6/11/2019.(JRB) (Entered: 06/11/2019) |
| 06/19/2019 | 106 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 6/17/2019. The parties inform the Court they believe a three day jury trial setting in October 2019 is no longer appropriate, but would request a two day trial setting in January 2020. Any setting would be subject to the results of the October 2019 Settlement Conference, set herein. Settlement Conference set for 10/9/2019 at 01:00 PM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. Status Conference set for 9/9/2019 at 10:30 AM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 06/19/2019) |
| 06/19/2019 | 107 | Unopposed MOTION for Continuance of Settlement Conference to November 1, 2019, filed by Plaintiff J.A.W.. (Attachments: # 1 Text of Proposed Order)(Pactor, Stevie) (Entered: 06/19/2019) |
| 06/20/2019 | 108 | ORDER granting 107 Motion for Continuance of Settlement Conference – Settlement Conference set for October 9, 2019 is hereby VACATED and RESCHEDULED to NOVEMBER 1, 2019 at 9:30 a.m. (CST),. in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 6/20/2019.(JRB) (Entered: 06/20/2019) |
| 07/01/2019 | 109 | ORDER REASSIGNING CASE – Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned from Judge William T. Lawrence to newly assigned Judge Tanya Walton Pratt. Please included the new case number, 3:18-cv-00037-TWP-MPB on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 7/1/2019. (RSF) (Entered: 07/01/2019) |
| 07/05/2019 | 110 | Witness List -FINAL-, filed by Plaintiff J.A.W., Exhibit List -FINAL-, filed by Plaintiff J.A.W.. (Falk, Kenneth) (Entered: 07/05/2019) |
| 07/08/2019 | 111 | SCHEDULING ORDER: Final Pretrial Conference set for 1/8/2020 04:00 PM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial set for 1/28/2020 09:00 AM in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Tanya Walton Pratt. Counsel shall review the Court’s Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 7/8/2019.(JRB) (Entered: 07/08/2019) |
| 07/08/2019 | 112 | TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (JRB) (Entered: 07/08/2019) |
| 08/01/2019 | 113 | SCHEDULING ORDER: Telephonic Discovery Conference set for 8/5/2019 at 01:00 PM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/1/2019.(JRB) (Entered: 08/01/2019) |
| 08/06/2019 | 115 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Discovery Conference held on 8/5/2019. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 08/06/2019) |
| 08/12/2019 | 116 | MOTION to Modify Case Management Plan [DKT. 27], filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Exhibit Final Witness and Exhibit List, # 2 Text of Proposed Order Order on Defendant’s Motion to Modify Case Management Plan)(Boren, Laura) (Entered: 08/12/2019) |
| 08/14/2019 | 117 | RESPONSE in Opposition re 116 MOTION to Modify Case Management Plan [DKT. 27] , filed by Plaintiff J.A.W.. (Rose, Gavin) (Entered: 08/14/2019) |
| 08/21/2019 | 118 | REPLY in Support of Motion re 116 MOTION to Modify Case Management Plan [DKT. 27] , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura) (Entered: 08/21/2019) |
| 08/30/2019 | 119 | ORDER granting in part and denying in part 116 Motion to Modify Case Management Plan. EVSC shall file the proposed, final witness and exhibit list at Docket 116-1 within three business days of this entry. Signed by Magistrate Judge Matthew P. Brookman on 8/30/2019. (TMB) (Entered: 08/30/2019) |
| 09/03/2019 | 120 | Witness List Final, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION, Exhibit List Final, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura) (Entered: 09/03/2019) |
| 09/10/2019 | 122 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 9/9/2019. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 09/10/2019) |
| 11/01/2019 | 123 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 11/1/2019. The parties were present and represented by counsel. The parties conducted settlement negotiations, and those negotiations are ongoing. Status Conference set for 11/8/2019 at 01:30 PM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 11/01/2019) |
| 11/07/2019 | 125 | ORDER DIRECTING FILING OF A PLEADING AUTHORIZING DISMISSALThe Court has been advised by counsel that a settlement has been reached in this action, contingent upon final approval by the EVSC School Board, and the execution of documents and/or delivery of funds, if so required, in accordance with the agreement. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED.IT IS ORDERED that within thirty (30) days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal and submit an order for the Court’s signature ordering the dismissal of this action. Signed by Magistrate Judge Matthew P. Brookman on 11/7/2019.(JRB) (Entered: 11/07/2019) |
| 12/05/2019 | 126 | STIPULATION of Dismissal , as to Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION, Plaintiff J.A.W., filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order Order on Stipulation of Dismissal)(Shoulders, Patrick) (Entered: 12/05/2019) |
| 12/06/2019 | 127 | ORDER OF DISMISSAL – The Court being duly advised in the premises, it is ORDERED that this action be, and the same hereby is, dismissed with prejudice, with each party to bear its own costs. Signed by Judge Tanya Walton Pratt on 12/6/2019.(JRB) (Entered: 12/09/2019) |
| 03/31/2021 | Exhibits disposed per agreement of the parties. (TRG) (Entered: 03/31/2021) |
Last updated 01/12/2020
Reconciled with online docket 04/25/2021