S.D. Ohio 2:16-cv-00524 Docket

Board of Education of the Highland Local School District v. U.S. Dept. of Education
No. 2:16-cv-00524, Case History 

Court: Southern District Ohio
Assigned to: Judge Algenon L. Marbley
Referred to: Magistrate Judge Kimberly A. Jolson

Date Filed # Docket Text
06/10/2016 1 COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 paid – receipt number: 0648-5531173), filed by Board of Education of the Highland Local School District. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Form, # 3 Summons Form, # 4 Summons Form, # 5 Summons Form, # 6 Summons Form) (Campbell, James) (Entered: 06/10/2016)
06/10/2016 2 Corporate Disclosure Statement by Plaintiff Board of Education of the Highland Local School District. (Campbell, James) (Entered: 06/10/2016)
06/10/2016 3 Summons Issued as to Vanita Gupta, John B King, Jr, Loretta E. Lynch, NA, U.S. Department of Education, U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (pes) (Entered: 06/10/2016)
06/23/2016 4 MOTION for Leave to Appear Pro Hac Vice of Jeana Hallock (Filing fee $ 200, receipt number 0648-5548985) by Plaintiff Board of Education of the Highland Local School District. Responses due by 7/18/2016 (Campbell, James) (Entered: 06/23/2016)
06/23/2016 5 MOTION for Leave to Appear Pro Hac Vice of Kenneth Connelly (Filing fee $ 200, receipt number 0648-5548994) by Plaintiff Board of Education of the Highland Local School District. Responses due by 7/18/2016 (Campbell, James) (Entered: 06/23/2016)
06/23/2016 6 MOTION for Leave to Appear Pro Hac Vice of J. Matthew Sharp (Filing fee $ 200, receipt number 0648-5548996) by Plaintiff Board of Education of the Highland Local School District. Responses due by 7/18/2016 (Campbell, James) (Entered: 06/23/2016)
06/24/2016 7 ORDER granting 4 , 5 , and 6 Motions for Leave to Appear Pro Hac Vice of Jeana Hallock, Kenneth Connelly, J. Matthew Sharp. Signed by Magistrate Judge Kimberly A. Jolson on 6/24/2016. (agm) (Entered: 06/24/2016)
06/30/2016 8 U.S. Post Office Domestic return receipt received in the Clerk’s Office, addressed to Civil Process Clerk, U.S. Attorney’s Office, 303 Marconi Blvd., Columbus, Ohio 43215. (pes) (Entered: 06/30/2016)
07/05/2016 9 U.S. Post Office Domestic return receipt received in the Clerk’s Office, addressed to U.S. Dept. of Education, John B. King, Jr., U.S. Department of Justice, Loretta E. Lynch, Loretta E. Lynch and Vanita Gupta. (mas) (Entered: 07/05/2016)
07/15/2016 10 MOTION for Preliminary Injunction and Memorandum by Plaintiff Board of Education of the Highland Local School District. Responses due by 8/8/2016 (Attachments: # 1 Exhibit 1 – Dodds Declaration, # 2 Exhibit 2 – Burton Declaration, # 3 Exhibit 3 – Dear Colleague Letter, # 4 Exhibit 4 – Resolution Letter, # 5 Exhibit 5 – 3-30-16 Email, # 6 Exhibit 6 – 5-13-16 Email, # 7 Exhibit 7 – Letter of Impasse, # 8 Exhibit 8 – Letter of Findings, # 9 Exhibit 9 – APA Article, # 10 Exhibit 10 – Shupe Order, # 11 Exhibit 11 – Oregonian Article, # 12 Exhibit 12 – Final Bulletin) (Campbell, James) (Entered: 07/15/2016)
07/18/2016 11 MOTION for Leave to File Amicus Brief in Support of Highland Local School District’s Motion for Preliminary Injunction by Amicus State of Ohio. Responses due by 8/11/2016 (Attachments: # 1 Exhibit State of Ohio Amicus Brief in Support of Highland Local School District’s Motion for Preliminary Injunction) (Nelson, Frederick) (Entered: 07/18/2016)
07/19/2016 12 NOTICE of Hearing: Telephone Status Conference set for 7/19/2016 @ 03:30 PM in Teleconference before Judge Algenon L. Marbley. Parties have been provided with the call in information via email. (kn) (Entered: 07/19/2016)
07/19/2016 Minute Entry (For Statistical Purposes only) for proceedings held before Judge Algenon L. Marbley: Telephone Conference held on 7/19/2016. (Court Reporter: Denise Errett) (kn) (Entered: 07/19/2016)
07/19/2016 13 ORDER – re 10 Motion for Preliminary Injunction,, filed by Board of Education of the Highland Local School District Evidentiary Hearing set for 8/24/2016 10:00 AM in Courtroom 1 – Columbus before Judge Algenon L. Marbley.. Signed by Judge Algenon L. Marbley on 7/19/16. (kn) (Entered: 07/19/2016)
07/20/2016 14 ORDERre 8 and 9 U.S. Post Office Domestic return receipt received in the Clerks Office. Plaintiff is directed to provide the Court with proof of service, as required by Rule 4(l)(1), within the time limit specified in Rule 4(m). Signed by Magistrate Judge Kimberly A. Jolson on 7/20/2016. (pes) (Entered: 07/20/2016)
07/21/2016 15 MOTION to Intervene as Third-Party Plaintiff by Intervenor Parties Jane Doe, Joyce Doe, John Doe. Responses due by 8/15/2016 (Attachments: # 1 Exhibit Verified Complaint-in-Intervention) (Harrison, John) (Entered: 07/21/2016)
07/21/2016 16 MOTION Leave to Proceed Pseudonymously re 15 MOTION to Intervene as Third-Party Plaintiff by Intervenor Parties Jane Doe, John Doe, Joyce Doe. Responses due by 8/15/2016 (Harrison, John) (Entered: 07/21/2016)
07/21/2016 17 MOTION for Leave to Appear Pro Hac Vice of Jyotin Hamid, Joseph Weissman, Jennifer Mintz, Derek Wikstrom, Matthew Hartz (Filing fee $ 1000, receipt number 0648-5584521) by Intervenor Parties Jane Doe, John Doe, Joyce Doe. Responses due by 8/15/2016 (Harrison, John) (Entered: 07/21/2016)
07/21/2016 18 MOTION for Leave to Appear Pro Hac Vice of Christopher Stoll, Asaf Orr (Filing fee $ 400, receipt number 0648-5584578) by Intervenor Parties Jane Doe, John Doe, Joyce Doe. Responses due by 8/15/2016 (Harrison, John) (Entered: 07/21/2016)
07/21/2016 19 AFFIDAVIT of Service for Summons and Complaint served on Defendants on 06/30/2016, filed by Plaintiff Board of Education of the Highland Local School District. (Connelly, Kenneth) (Entered: 07/21/2016)
07/22/2016 20 CERTIFICATE OF SERVICE by Intervenor Parties Jane Doe, John Doe, Joyce Doe re 17MOTION for Leave to Appear Pro Hac Vice of Jyotin Hamid, Joseph Weissman, Jennifer Mintz, Derek Wikstrom, Matthew Hartz (Filing fee $ 1000, receipt number 0648-5584521), 16 MOTION Leave to Proceed Pseudonymously re 15 MOTION to Intervene as Third-Party Plaintiff , 18 MOTION for Leave to Appear Pro Hac Vice of Christopher Stoll, Asaf Orr (Filing fee $ 400, receipt number 0648-5584578), 15 MOTION to Intervene as Third-Party Plaintiff (Harrison, John) (Entered: 07/22/2016)
07/22/2016 21 ORDER granting 17 and 18 Motions for Leave to Appear Pro Hac Vice of Christopher Stoll, Asaf Orr, Jyotin Hamid, Joseph Weissman, Jennifer Mintz, Derek Wikstrom and Matthew Hartz. Signed by Magistrate Judge Kimberly A. Jolson on 7/22/2016. (pes) (Entered: 07/22/2016)
07/26/2016 22 MOTION to Expedite Consideration of Jane Doe’s Motions to Intervene and for Leave to Proceed Pseudonysmously by Movants Jane Doe, John Doe, Joyce Doe. Responses due by 8/19/2016 (Harrison, John) (Entered: 07/26/2016)
07/27/2016 23 ORDER Setting Hearing on Motion 10 MOTION for Preliminary Injunction: Motion Hearing reset for 9/20/2016 10:00 AM in Courtroom 1 – Columbus before Judge Algenon L. Marbley. GRANTING 22 MOTION to Expedite Consideration of Jane Doe’s Motions to Intervene and for Leave to Proceed Pseudonysmously. Signed by Judge Algenon L. Marbley on 7/27/2016. (cw) (Entered: 07/27/2016)
07/28/2016 Set/Reset Deadlines as to 15 MOTION to Intervene as Third-Party Plaintiff, 16 MOTION Leave to Proceed Pseudonymously. Responses due by 8/10/2016; Replies due by 8/11/2016. (pes) (Entered: 07/28/2016)
07/28/2016 Set/Reset Deadlines as to 10 MOTION for Preliminary Injunction and Memorandum. Responses due by 8/16/2016; Replies due by 8/23/2016. (pes) (Entered: 07/28/2016)
08/10/2016 24 RESPONSE in Opposition re 15 MOTION to Intervene as Third-Party Plaintiff filed by Plaintiff Board of Education of the Highland Local School District. (Attachments: # 1 Exhibit Ex 1 – Letter of impending enforcement action) (Campbell, James) (Entered: 08/10/2016)
08/10/2016 25 RESPONSE to Motion re 15 MOTION to Intervene as Third-Party Plaintiff filed by Defendants Vanita Gupta, John B King, Jr, Loretta E. Lynch, NA, U.S. Department of Education, U.S. Department of Justice. (Berwick, Benjamin) (Entered: 08/10/2016)
08/11/2016 26 REPLY to Response to Motion re 15 MOTION to Intervene as Third-Party Plaintiff / Jane Doe’s Reply Memorandum of Law in Further Support of Her Motion to Intervene as a Third-Party Plaintiff filed by Movant Jane Doe. (Harrison, John) (Entered: 08/11/2016)
08/12/2016 27 MOTION to File Document Under Seal / Jane Doe’s Motion to File Under Seal Her Forthcoming Motion for Preliminary Injunctive Relief by Movant Jane Doe. Responses due by 9/6/2016 (Attachments: # 1 Memorandum of Law in Support) (Harrison, John) (Entered: 08/12/2016)
08/15/2016 28 ORDER granting 27 Motion to File Document Under Seal. Signed by Judge Algenon L. Marbley on 8/15/2016. (cw) (Entered: 08/15/2016)
08/15/2016 29 ORDER granting 11 Motion for Leave to File; granting 15 Motion to Intervene; granting 16 Motion to Proceed Pseudonymously. Signed by Judge Algenon L. Marbley on 8/15/2016. (cw) (Entered: 08/15/2016)
08/15/2016 30 RESPONSE to Motion re 10 MOTION for Preliminary Injunction and Memorandum in Support filed by Movant State of Ohio. (Nelson, Frederick) (Entered: 08/15/2016)
08/15/2016 31 NOTICE by ThirdParty Plaintiff Jane Doe / Notice of Withdrawal of Appearance of Matthew Hartz (Harrison, John) (Entered: 08/15/2016)
08/15/2016 32 INTERVENOR THIRD PARTY COMPLAINT against Board of Education of the Highland Local School District, William Dodds, Highland Local School District, Shawn Winkelfoos, filed by John Doe, Joyce Doe, Jane Doe. (pes) (Entered: 08/16/2016)
08/16/2016 33 RESPONSE in Opposition re 10 MOTION for Preliminary Injunction and Memorandum filed by Defendants Vanita Gupta, John B King, Jr, Loretta E. Lynch, NA, U.S. Department of Education, U.S. Department of Justice. (Attachments: # 1 Exhibit 2010 Dear Colleagues Letter, # 2 Exhibit April 2014 Guidance, # 3 Exhibit December 2014 Guidance, # 4 Exhibit April 2015 Guidance, # 5 Exhibit May 2016 Dear Colleagues Letter, # 6 Exhibit Letter of Findings, # 7 Exhibit Letter of Impending Enforcement Action) (Amdur, Spencer) (Entered: 08/16/2016)
08/16/2016 34 RESPONSE in Opposition re 10 MOTION for Preliminary Injunction and Memorandum / Jane Doe’s Memorandum in Opposition to Plaintiff’s Motion for Preliminary Injunction filed by ThirdParty Plaintiff Jane Doe. (Harrison, John) (Entered: 08/16/2016)
08/16/2016 35 MOTION for Preliminary Injunction / Jane Doe’s Motion for a Preliminary Injunction by ThirdParty Plaintiff Jane Doe. Responses due by 9/9/2016 (Attachments: # 1 Exhibit 1 – Jane Doe Declaration, # 2 Exhibit 2 – Joyce Doe Declaration and Supporting Exhibits, # 3 Exhibit 3 – Hill Declaration, # 4 Exhibit 4- Dr. Ehrensaft Expert Declaration and Supporting Exhibits, # 5 Memorandum of Law in Support of Jane Doe’s Motion for a Preliminary Injunction) (Harrison, John) (Entered: 08/16/2016)
08/16/2016 36 Sealed Jane Doe’s Motion for a Preliminary Injunction re 28 Order on Motion to File Document Under Seal filed by ThirdParty Plaintiff Jane Doe. (Attachments: # 1 Exhibit 2 – Joyce Doe Declaration and Supporting Exhibits, # 2 Exhibit 3 – Hill Declaration, # 3Memorandum of Law in Support of Jane Doe’s Motion for a Preliminary Injunction) (Harrison, John) (Entered: 08/17/2016)
08/19/2016 37 NOTICE of Appearance by Sean Thomas Koran for Third Party Defendants Board of Education of the Highland Local School District, William Dodds, Highland Local School District, Shawn Winkelfoos (Koran, Sean) (Entered: 08/19/2016)
08/23/2016 38 Consent MOTION Motion for an Extension of Time to Respond to the Complaint re 1 Complaint, by Defendants Vanita Gupta, John B King, Jr, Loretta E. Lynch, NA, U.S. Department of Education, U.S. Department of Justice. Responses due by 9/16/2016 (Amdur, Spencer) (Entered: 08/23/2016)
08/23/2016 39 ORDER Resetting time for Hearing on Motions for Preliminary Injunction; Preliminary Injunction Hearing reset for 9/20/2016 at 02:00 PM in Courtroom 1 – Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 8/23/2016. (cw) (Entered: 08/23/2016)
08/23/2016 40 REPLY to Response to Motion re 10 MOTION for Preliminary Injunction and Memorandum filed by Plaintiff Board of Education of the Highland Local School District. (Attachments: # 1 Exhibit Ex 13 – Texas Order) (Campbell, James) (Entered: 08/23/2016)
08/24/2016 41 ORDER granting 38 Motion for Extension of Time to Respond to the Complaint. The new deadline for the response to the Complaint is set for thirty (30) days after the Court issues its order on the motions for preliminary injunction. Signed by Judge Algenon L. Marbley on 8/24/2016. (cw) (Entered: 08/24/2016)
08/25/2016 42 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5630361) of Gary S. McCaleb by Plaintiff Board of Education of the Highland Local School District. Responses due by 9/19/2016 (Campbell, James) (Entered: 08/25/2016)
08/26/2016 43 ORDER granting 42 Motion for Leave to Appear Pro Hac Vice of Gary S. McCaleb. Signed by Magistrate Judge Kimberly A. Jolson on 8/26/2016. (pes) (Entered: 08/26/2016)
08/26/2016 44 NOTICE of Appearance by David R Langdon for Plaintiff Board of Education of the Highland Local School District (Langdon, David) (Entered: 08/26/2016)
08/29/2016 45 NOTICE of Hearing: Preliminary Pretrial Conference set for 9/22/2016 01:30 PM before Magistrate Judge Kimberly A. Jolson. (jr) (Entered: 08/29/2016)
08/29/2016 46 NOTICE of Substitution of Counsel – David R Langdon substituting for James A. Campbell as to Plaintiff Board of Education of the Highland Local School District. (Langdon, David) (Entered: 08/29/2016)
08/30/2016 47 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5636404) of Linda M. Italiano Gorczynski by Third Party Plaintiffs Jane Doe, John Doe, Joyce Doe. Responses due by 9/23/2016 (Harrison, John) (Entered: 08/30/2016)
08/30/2016 48 REQUEST for Issuance of Summons. (Harrison, John) (Entered: 08/30/2016)
08/30/2016 49 REQUEST for Issuance of Summons. (Harrison, John) (Entered: 08/30/2016)
08/30/2016 50 Summons Issued as to Board of Education of the Highland Local School District, Highland Local School District. (pes) (Entered: 08/30/2016)
08/31/2016 51 ORDER granting 47 Motion for Leave to Appear Pro Hac Vice of Linda M. Italiano Gorczynski. Signed by Magistrate Judge Kimberly A. Jolson on 8/31/2016. (pes) (Entered: 08/31/2016)
08/31/2016 52 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5638095) of Austin R. Nimocks by Amicus Parties State Of Texas, State of Arizona, West Virginia State of, ALABAMA, State of Wisconsin, Georgia, State of Nebraska, Louisiana, State of, State of South Carolina, Kentucky Commonwealth of, State of Utah, Phil Bryant, Defendant State of Arkansas. Responses due by 9/26/2016 (Attachments: # 1 Supplement, # 2 Text of Proposed Order) (Patterson, Peter) (Entered: 08/31/2016)
08/31/2016 53 MOTION for Leave to File Brief as Amici Curiae by Amicus Parties ALABAMA, State of Arizona, Phil Bryant, Georgia, Kentucky Commonwealth of, Louisiana, State of, State of Nebraska, State of South Carolina, State Of Texas, State of Utah, West Virginia State of, State of Wisconsin, Defendant State of Arkansas. (Attachments: # 1 Supplement, # 2 Text of Proposed Order) (Patterson, Peter) (Entered: 08/31/2016)
08/31/2016 54 SCHEDULING ORDER – amending the allotment of time for the parties’ arguments. Signed by Judge Algenon L. Marbley on 8/31/2016. (cw) (Entered: 08/31/2016)
08/31/2016 55 WAIVER OF SERVICE Returned Executed. Waiver sent to William Dodds on 8/30/2016, answer due 10/31/2016. (Harrison, John) (Entered: 08/31/2016)
08/31/2016 56 WAIVER OF SERVICE Returned Executed. Waiver sent to Shawn Winkelfoos on 8/30/2016, answer due 10/31/2016. (Harrison, John) (Entered: 08/31/2016)
08/31/2016 57 MOTION to Continue / Jane Doe’s Consent Motion for Adjournment of Preliminary Pretrial Conference by ThirdParty Plaintiff Jane Doe. Responses due by 9/26/2016 (Harrison, John) (Entered: 08/31/2016)
09/01/2016 58 ORDER granting 52 Motion for Leave to Appear Pro Hac Vice of Austin R. Nimocks; granting 57 Motion for Adjournment of the Preliminary Pretrial Conference. Signed by Magistrate Judge Kimberly A. Jolson on 9/1/2016. (pes) (Entered: 09/01/2016)
09/06/2016 59 MOTION Proceed Using Initials by Plaintiff Board of Education of the Highland Local School District. Responses due by 9/30/2016 (Langdon, David) (Entered: 09/06/2016)
09/06/2016 60 BRIEF re 59 MOTION Proceed Using Initials by Plaintiff Board of Education of the Highland Local School District. (Langdon, David) (Entered: 09/06/2016)
09/06/2016 61 RESPONSE in Opposition re 35 MOTION for Preliminary Injunction / Jane Doe’s Motion for a Preliminary Injunction filed by ThirdParty Defendant Board of Education of the Highland Local School District. (Langdon, David) (Entered: 09/06/2016)
09/06/2016 68 AFFIDAVIT re 61 Response in Opposition to Motion Declaration of Parent H by ThirdParty Defendant Board of Education of the Highland Local School District. (Langdon, David) (Entered: 09/06/2016)
09/06/2016 69 AFFIDAVIT re 61 Response in Opposition to Motion Declaration of S.B. by ThirdParty Defendant Board of Education of the Highland Local School District. (Langdon, David) (Entered: 09/06/2016)
09/06/2016 70 AFFIDAVIT re 61 Response in Opposition to Motion Declaration of Parent S by ThirdParty Defendant Board of Education of the Highland Local School District. (Langdon, David) (Entered: 09/06/2016)
09/06/2016 71 RESPONSE in Opposition re 35 MOTION for Preliminary Injunction / Jane Doe’s Motion for a Preliminary Injunction filed by Third Party Defendants William Dodds, Shawn Winkelfoos. (Markling, Matthew) (Entered: 09/06/2016)
09/07/2016 72 ORDER granting 59 Motion to Allow Fact Witnesses to Proceed Using Initials. Signed by Judge Algenon L. Marbley on 9/7/2016. (cw) (Entered: 09/07/2016)
09/07/2016 73 ORDER SETTING TELEPHONIC STATUS CONFERENCE for 9/7/2016 at 03:00 PM before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 9/7/2016. (cw) (Entered: 09/07/2016)
09/07/2016 74 SCHEDULING ORDER: Memorandum in Opposition due by 9/8/2016; Reply Memorandum due by 9/12/2016. Telephonic Status Conference set for 9/13/2016 12:30 PM before the Honorable Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 9/7/2016. (cw) (Entered: 09/07/2016)
09/08/2016 75 Response re 74 Order, Set Deadlines/Hearings / Jane Doe’s Memorandum in Opposition to an Evidentiary Hearing by ThirdParty Plaintiff Jane Doe. (Attachments: # 1 Exhibit 1) (Harrison, John) (Entered: 09/08/2016)
09/09/2016 76 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5649636) of Steven O’Ban by Plaintiff Board of Education of the Highland Local School District. Responses due by 10/3/2016 (Attachments: # 1 Exhibit Certificate of Good Standing) (Langdon, David) (Entered: 09/09/2016)
09/09/2016 77

Transcript of Telephonic Status Conference Proceedings held on September 7, 2016, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party’s intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms – Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk’s Office. Redaction Request due 9/30/2016. Redacted Transcript Deadline set for 10/11/2016. Release of Transcript Restriction set for 12/8/2016. (Evans, Shawna) (Entered: 09/09/2016)

09/09/2016 78 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5650356) of Douglas Wardlow by Plaintiff Board of Education of the Highland Local School District. Responses due by 10/3/2016 (Attachments: # 1 Exhibit Certificate of Good Standing) (Langdon, David) (Entered: 09/09/2016)
09/11/2016 79 Response re 74 Order, Set Deadlines/Hearings Response to Jane Doe’s Memorandum in Opposition to an Evidentiary Hearing by Third Party Defendants Board of Education of the Highland Local School District, William Dodds, Shawn Winkelfoos. (Langdon, David) (Entered: 09/11/2016)
09/12/2016 80 ORDER: re: evidentiary hearing – no evidentiary hearing will be held at the time of the preliminary injunction hearing; VACATING the 9/13/2016 telephonic status conference – re 74 Order, Set Deadlines/Hearings. Signed by Judge Algenon L. Marbley on 9/12/2016. (cw) (Entered: 09/12/2016)
09/12/2016 81 ORDER granting 78 Motion for Leave to Appear Pro Hac Vice of Douglas G Wardlow. Signed by Magistrate Judge Kimberly A. Jolson on 9/12/2016. (kk) (Entered: 09/12/2016)
09/12/2016 82 MOTION to File Document Under Seal / Jane Doe’s Unopposed Motion to File Under Seal Her Forthcoming Memorandum of Law in Further Support of Her Motion for Preliminary Injunction by ThirdParty Plaintiff Jane Doe. Responses due by 10/6/2016 (Harrison, John) (Entered: 09/12/2016)
09/13/2016 83 ORDER granting 82 Motion to File Document Under Seal. Signed by Judge Algenon L. Marbley on 9/13/2016. (cw) (Entered: 09/13/2016)
09/13/2016 85 AFFIDAVIT in Support re 35 MOTION for Preliminary Injunction / Jane Doe’s Motion for a Preliminary Injunction / Reply Declaration of Diane Ehrensaft, Ph.D. filed by ThirdParty Plaintiff Jane Doe. (Harrison, John) (Entered: 09/13/2016)
09/14/2016 86 MOTION for Leave to File Amicus Brief by Amicus SCHOOL ADMINISTRATORS FROM CALIFORNIA, DISTRICT OF COLUMBIA, FLORIDA, ILLINOIS, KENTUCKY, MAINE, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OREGON, RHODE ISLAND, TEXAS, VERMONT, WASHINGTON, AND WISCONSIN. Responses due by 10/11/2016 (Attachments: # 1 Text of Proposed Order) (Forman, Edward) (Entered: 09/14/2016)
09/14/2016 87 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5655802) of Cynthia Cook Robertson by Amicus SCHOOL ADMINISTRATORS FROM CALIFORNIA, DISTRICT OF COLUMBIA, FLORIDA, ILLINOIS, KENTUCKY, MAINE, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OREGON. Responses due by 10/11/2016 (Attachments: # 1 Text of Proposed Order) (Forman, Edward) (Entered: 09/14/2016)
09/14/2016 88 NOTICE by Amicus SCHOOL ADMINISTRATORS FROM CALIFORNIA, DISTRICT OF COLUMBIA, FLORIDA, ILLINOIS, KENTUCKY, MAINE, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OREGON of Filing of Certificate of Good Standing for Cynthia Robertson (Attachments: # 1 Exhibit Certificate of Good Standing) (Forman, Edward) (Entered: 09/14/2016)
09/14/2016 89 NOTICE by Amicus SCHOOL ADMINISTRATORS FROM CALIFORNIA, DISTRICT OF COLUMBIA, FLORIDA, ILLINOIS, KENTUCKY, MAINE, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OREGON re 86 MOTION for Leave to File Amicus Brief of the Filing of Proposed Amicus Brief and Appendix A Thereto (Attachments: # 1 Exhibit, # 2 Exhibit) (Forman, Edward) (Entered: 09/14/2016)
09/15/2016 90 ORDER granting 87 Motion for Leave to Appear Pro Hac Vice of Cynthia Cook Robertson. Signed by Magistrate Judge Kimberly A. Jolson on 9/15/2016. (kk) (Entered: 09/15/2016)
09/15/2016 91 NOTICE by Amicus SCHOOL ADMINISTRATORS FROM CALIFORNIA, DISTRICT OF COLUMBIA, FLORIDA, ILLINOIS, KENTUCKY, MAINE, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OREGON re 86 MOTION for Leave to File Amicus Brief of the Filing of Corrected Motion for Leave to File Amicus Brief (Attachments: # 1 Exhibit Corrected Motion for Leave to File Amicus Brief, # 2 Text of Proposed Order Proposed Order Granting Leave to File Amicus Brief, # 3 Exhibit Proposed Amicus Brief, # 4 Appendix to Proposed Amicus Brief) (Forman, Edward) (Entered: 09/15/2016)
09/20/2016 Minute Entry for proceedings held before Judge Algenon L. Marbley: Motion Hearing held on 9/20/2016 re 35 MOTION for Preliminary Injunction; The Court has listened to argument from counsel. At this time the Court will issue an opinion w/n the next week. No further briefing is necessary. (Court Reporter: Shawna Evans) (bc) (Entered: 09/21/2016)
09/23/2016 92 Consent MOTION for Extension of Time to File Answer re 32 Third Party Complaint New date requested 10/31/2016. by Plaintiff Board of Education of the Highland Local School District, ThirdParty Defendant Board of Education of the Highland Local School District. Responses due by 10/17/2016 (Langdon, David) (Entered: 09/23/2016)
09/26/2016 93 For good cause shown, Plaintiff and Third-Party Defendant Board of Education of the Highland Local School District’s (“Highland”) Unopposed Motion for an Extension of Time is GRANTED. (Doc. 92). Highland shall have until October 31, 2016 to respond to the Complaint filed by Third-Party Plaintiff Jane Doe. Signed by Magistrate Judge Kimberly A. Jolson on 9/26/2016. (KAJ) (Entered: 09/26/2016)
09/26/2016 94

Transcript of Oral Argument Proceedings held on September 20, 2016, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party’s intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms – Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk’s Office. Redaction Request due 10/17/2016. Redacted Transcript Deadline set for 10/27/2016. Release of Transcript Restriction set for 12/27/2016. (Evans, Shawna) (Entered: 09/26/2016)

09/26/2016 95 ORDER granting 35 Motion for Preliminary Injunction; granting 36 Sealed Motion; granting 53 Motion for Leave to File; denying 10 Motion for Preliminary Injunction; granting 86 Motion for Leave to File. Signed by Judge Algenon L. Marbley on 9/26/2016. (cw) (Entered: 09/26/2016)
09/26/2016 96 NOTICE OF APPEAL re 95 Order on Motion for Preliminary Injunction,, Order on Sealed Motion,, Order on Motion for Leave to File,,,,, (Filing fee has been paid, receipt number 0648-5670005) by Plaintiff Board of Education of the Highland Local School District. (Langdon, David) (Entered: 09/26/2016)
09/26/2016 97 NOTICE OF APPEAL re 95 Order on Motion for Preliminary Injunction,, Order on Sealed Motion,, Order on Motion for Leave to File,,,,, (FILING FEE DUE) by Third Party Defendants Board of Education of the Highland Local School District, William Dodds, Shawn Winkelfoos. (Markling, Matthew) (Entered: 09/26/2016)
09/27/2016 98 ORDER granting 76 Motion for Leave to Appear Pro Hac Vice of Steven O’Ban. Signed by Magistrate Judge Kimberly A. Jolson on 9/27/2016. (pes) (Entered: 09/27/2016)
09/27/2016 99 Amicus Brief filed by Amicus Parties State of Arizona, State of Arkansas, Phil Bryant, Commonwealth of Kentucky, State of Nebraska, State of South Carolina, State of Alabama, State of Georgia, State of Louisiana, State of Ohio, State of West Virginia, State Of Texas, State of Utah, State of Wisconsin re 95 Order on Motion for Preliminary Injunction,, Order on Sealed Motion,, Order on Motion for Leave to File,,,,, Amicus Brief of States in Support of Plaintiff’s Motion for Preliminary Injunction (Nimocks, Austin) Modified text on 9/27/2016 (sem). (Entered: 09/27/2016)
09/27/2016 100 NOTICE by Amicus SCHOOL ADMINISTRATORS FROM CALIFORNIA, DISTRICT OF COLUMBIA, FLORIDA, ILLINOIS, KENTUCKY, MAINE, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OREGON re 95 Order on Motion for Preliminary Injunction,, Order on Sealed Motion,, Order on Motion for Leave to File,,,,, Amici Curiae Brief of School Administrators in Support of Intervenor Third-Party Plaintiff Jane Doe’s Motion for Preliminary Injunction (Attachments: # 1 Appendix A: Amici Background and Experience) (Robertson, Cynthia) (Entered: 09/27/2016)
09/29/2016 Bond posted by Jane Doe pursuant to 95 : $ 100, receipt number COL44247 (pes) (Entered: 09/29/2016)
09/30/2016 102 MOTION to Stay Preliminary Injunction by Plaintiff Board of Education of the Highland Local School District, ThirdParty Defendant Board of Education of the Highland Local School District. Responses due by 10/24/2016 (Langdon, David) (Entered: 09/30/2016)
09/30/2016 103 BRIEF re 102 MOTION to Stay Preliminary Injunction by Plaintiff Board of Education of the Highland Local School District, ThirdParty Defendant Board of Education of the Highland Local School District. (Attachments: # 1 Exhibit Ex 1, # 2 Affidavit Declaration of Shawn Winkelfoos) (Langdon, David) (Entered: 09/30/2016)
10/03/2016 USCA Appeal Fees received $ 505 receipt number COL44297 re 97 Notice of Appeal, filed by William Dodds, Shawn Winkelfoos, Board of Education of the Highland Local School District (pes) (Entered: 10/03/2016)
10/03/2016 104 SCHEDULING ORDER: Responses to the Motion to Stay shall be filed not later than close of business on 10/12/2016. Reply briefs will not be necessary, except by leave of court. Signed by Judge Algenon L. Marbley on 10/5/2016. (cw) (Entered: 10/05/2016)
10/06/2016 Reset Deadlines as to 102 MOTION to Stay Preliminary Injunction. Responses due by 10/12/2016 (pes) (Entered: 10/06/2016)
10/06/2016 105

Transcript of Telephone Conference Proceedings held on 07-19-16, before Judge Algenon L. Marbley. Court Reporter/Transcriber Denise Errett, Official, Telephone number (614) 719-3029. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party’s intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms – Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk’s Office. Redaction Request due 10/27/2016. Redacted Transcript Deadline set for 11/7/2016. Release of Transcript Restriction set for 1/4/2017. (Errett, Denise) Modified judge’s name on 10/6/2016 (er). (Entered: 10/06/2016)

10/12/2016 106 RESPONSE in Opposition re 102 MOTION to Stay Preliminary Injunction filed by ThirdParty Plaintiff Jane Doe. (Attachments: # 1 Declaration of Joyce Doe) (Harrison, John) (Entered: 10/12/2016)
10/19/2016 107 MOTION for Extension of Time to File Response/Reply New date requested 2/1/2017. (30 days after appeal is resolved) by Defendants Vanita Gupta, John B King, Jr, Loretta E. Lynch, NA, U.S. Department of Education, U.S. Department of Justice. Responses due by 11/14/2016 (Amdur, Spencer) (Entered: 10/19/2016)
10/19/2016 108 MOTION to Stay Proceedings by Third Party Defendants Board of Education of the Highland Local School District, William Dodds. Responses due by 11/14/2016 (Vrobel, Patrick) (Entered: 10/19/2016)
10/20/2016 109 ORDER denying 102 Motion to Stay. Signed by Judge Algenon L. Marbley on 10/20/2016. (cw) (Entered: 10/20/2016)
10/21/2016 110 CERTIFICATE of Clerk. Certified mailing of summons and 32 INTERVENOR THIRD PARTY COMPLAINT. (pes) (Entered: 10/21/2016)
10/24/2016 111 STIPULATION for Continuance of Deadlines by Plaintiff Board of Education of the Highland Local School District. (Attachments: # 1 Text of Proposed Order) (Langdon, David) (Entered: 10/24/2016)
10/25/2016 112 SUMMONS Returned Executed as to ThirdParty Defendant Highland Local School District. Highland Local School District served on 10/24/2016, answer due 11/14/2016. (pes) (Entered: 10/25/2016)
10/28/2016 113 ORDER GRANTING re 111 Stipulation for Continuance of Deadlines filed by Board of Education of the Highland Local School District. Signed by Judge Algenon L. Marbley on 10/28/2016. (cw) (Entered: 10/28/2016)
10/31/2016 114 RESPONSE in Opposition re 108 MOTION to Stay Proceedings filed by ThirdParty Plaintiff Jane Doe. (Harrison, John) (Entered: 10/31/2016)
10/31/2016 115 ANSWER to 32 Third Party Complaint filed by Board of Education of the Highland Local School District, William Dodds, Shawn Winkelfoos. (Vrobel, Patrick) (Entered: 10/31/2016)
11/14/2016 116 REPLY to Response to Motion re 108 MOTION to Stay Proceedings filed by Third Party Defendants Board of Education of the Highland Local School District, William Dodds, Shawn Winkelfoos. (Vrobel, Patrick) (Entered: 11/14/2016)
11/15/2016 117 RESPONSE in Opposition re 107 MOTION for Extension of Time to File Response/Reply New date requested 2/1/2017. (30 days after appeal is resolved) filed by Plaintiff Board of Education of the Highland Local School District. (Langdon, David) (Entered: 11/15/2016)
11/18/2016 118 Summons Returned Unexecuted as to Board of Education of the Highland Local School District. (mas) (Entered: 11/18/2016)
11/21/2016 119 MOTION to Strike Certain Defenses from Highland’s Answer by ThirdParty Plaintiff Jane Doe. Responses due by 12/15/2016 (Attachments: # 1 Exhibit Memorandum of Law in Support) (Harrison, John) (Entered: 11/21/2016)
11/22/2016 120 NOTICE by Third Party Defendants Board of Education of the Highland Local School District, William Dodds, Highland Local School District, Shawn Winkelfoos re 108 MOTION to Stay Proceedings, 116 Reply to Response to Motion (Attachments: # 1 Exhibit A – November 15, 2016 Order – Carcao v. McCrory, M.D.N.C. No. 1:16cv236) (Vrobel, Patrick) (Entered: 11/22/2016)
12/12/2016 121 RESPONSE in Opposition re 119 MOTION to Strike Certain Defenses from Highland’s Answer filed by Third Party Defendants Board of Education of the Highland Local School District, William Dodds, Highland Local School District, Shawn Winkelfoos. (Markling, Matthew) (Entered: 12/12/2016)
12/15/2016 122 SUMMONS Returned Executed as to Plaintiff Board of Education of the Highland Local School District. Board of Education of the Highland Local School District served on 11/23/2016, answer due 12/14/2016. (Harrison, John) (Entered: 12/15/2016)
12/15/2016 123 SUMMONS Returned Executed as to ThirdParty Defendant Highland Local School District. Highland Local School District served on 11/21/2016, answer due 12/12/2016. (Harrison, John) (Entered: 12/15/2016)
12/19/2016 124 NOTICE by Plaintiff Board of Education of the Highland Local School District, ThirdParty Defendant Board of Education of the Highland Local School District of Withdrawal of Attorney (O’Ban, Steven) (Entered: 12/19/2016)
12/19/2016 125 NOTICE by ThirdParty Plaintiff Jane Doe / Notice of Withdrawal of Appearance of Joseph Weissman (Harrison, John) (Entered: 12/19/2016)
12/21/2016 128 ORDER of USCA as to 97 Notice of Appeal: The motion of Steven Thomas O’ Ban to withdraw as counsel is GRANTED. Note: No Mandate details noted. (er) (Entered: 12/28/2016)
12/26/2016 126 STIPULATION Regarding Motion to Stay Proceedings by Plaintiff Board of Education of the Highland Local School District, ThirdParty Defendant Board of Education of the Highland Local School District. (Langdon, David) (Entered: 12/26/2016)
12/27/2016 127 REPLY to Response to Motion re 119 MOTION to Strike Certain Defenses from Highland’s Answer / Jane Doe’s Memorandum of Law in Reply to Highland’s Opposition to Her Motion to Strike filed by ThirdParty Plaintiff Jane Doe. (Harrison, John) (Entered: 12/27/2016)
12/29/2016 129 ORDER re 126 Stipulation: The Court hereby ADOPTS the Stipulation, and STAYS all district court proceedings until the Sixth Circuit rules on the merits of this Court’s order granting Jane Doe’s Motion for Preliminary Injunction and denying Highland’s Motion for Preliminary Injunction. The Federal Defendants’ 107 motion for an extension of time to file responsive pleading and 108 Highland’s motion to stay all proceedings, are now MOOT. Signed by Judge Algenon L. Marbley on 12/29/2016. (mas) (Entered: 12/29/2016)
04/07/2017 130 ORDER of USCA as to 96 Notice of Appeal, case no 16-4107: The motion to voluntarily dismiss the appeal is GRANTED. Note: No Mandate to issue. (er) (Entered: 04/09/2017)
06/20/2017 131 NOTICE by Plaintiff Board of Education of the Highland Local School District of Voluntary Dismissal of Federal Defendants (Langdon, David) (Entered: 06/20/2017)
08/21/2017 132 ORDER granting in part and denying in part 119 Motion to Strike. The Court STRIKES with prejudice affirmative defenses 10, 36-38, and 40 and STRIKES without prejudice affirmative defenses 2-5, 7-9, 26-29, 30, 32, 35, and 39. Signed by Judge Algenon L. Marbley on 8/21/2017. (cw) (Entered: 08/21/2017)

 

Last updated 09/03/2017