S.D.W. Va. 2:21-cv-00316 Docket
B.P.J. v. West Virginia State Board of Education
No. 2:21-cv-00316, Case History (under construction)
Court: Southern District of West Virginia (Charleston)
Assigned to: Judge Joseph R. Goodwin
Referred to Magistrate Judge Dwane L. Tinsley
| Date Filed | # | Docket Text |
| 05/26/2021 | 1 | COMPLAINT. Filing Fee $402.00. Receipt # CHAR019069. (Attachments: # 1 Declaration of Loree Stark, # 2 Proposed Summons as to Dora Stutler, # 3 Proposed Summons as to Harrison County Board of Education, # 4 Proposed Summons as to W. Clayton Burch, # 5 Proposed Summons as to West Virginia Secondary School Activities Commission, # 6 Proposed Summons as to West Virginia State Board of Education, # 7 Receipt, # 8 Civil Cover Sheet) (kew) |
| 05/26/2021 | 2 | MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Attachments: # 1 Declarations of Joshua Safer and Heather Jackson, # 2 Proposed Order) (kew) |
| 05/26/2021 | 3 | MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation with proposed document attached (Attachments: # 1 Exhibit A, # 2Proposed Order) (kew) |
| 05/26/2021 | CASE assigned to Judge Joseph R. Goodwin. (klc) | |
| 05/26/2021 | 4 | STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc) |
| 05/26/2021 | 5 | ELECTRONIC SUMMONS ISSUED as to W. Clayton Burch, Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons Issued as to Harrison County Board of Education, # 2 Summons Issued as to W. Clayton Burch, # 3 Summons Issued as to West Virginia Secondary School Activities Commission, # 4 Summons Issued as to West Virginia State Board of Education) (kew) |
| 05/27/2021 | 6 | STATEMENT OF VISITING ATTORNEY from Joshua A. Block on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955402. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew). |
| 05/27/2021 | 7 | STATEMENT OF VISITING ATTORNEY from Avatara Smith-Carrington on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # BWVSDC-7955405. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew). |
| 05/27/2021 | 8 | STATEMENT OF VISITING ATTORNEY from Tara L. Borelli on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955408. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew). |
| 05/27/2021 | 9 | STATEMENT OF VISITING ATTORNEY from Carl S. Charles on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955410. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew). |
| 05/27/2021 | 10 | SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint. (Stark, Loree) |
| 05/27/2021 | 11 | SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Motion for Preliminary Injunction. (Stark, Loree) |
| 05/27/2021 | 12 | SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Motion to File Brief in Excess of the Page Limitation. (Stark, Loree) |
| 06/01/2021 | 13 | SUMMONS RETURNED EXECUTED for West Virginia State Board of Education, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. West Virginia State Board of Education served on 5/28/2021, answer due 6/18/2021. (Stark, Loree) |
| 06/01/2021 | 14 | SUMMONS RETURNED EXECUTED for W. Clayton Burch, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. W. Clayton Burch served on 5/28/2021, answer due 6/18/2021. (Stark, Loree) |
| 06/01/2021 | 15 | SUMMONS RETURNED EXECUTED for Dora Stutler, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. Dora Stutler served on 5/28/2021, answer due 6/18/2021. (Stark, Loree) |
| 06/01/2021 | 16 | SUMMONS RETURNED EXECUTED for West Virginia Secondary School Activities Commission, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. West Virginia Secondary School Activities Commission served on 6/1/2021, answer due 6/22/2021. (Stark, Loree) |
| 06/01/2021 | 17 | SUMMONS RETURNED EXECUTED for Harrison County Board of Education, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. Harrison County Board of Education served on 6/1/2021, answer due 6/22/2021. (Stark, Loree) |
| 06/02/2021 | 18 | ORDER granting 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation; the Clerk is directed to docket the proposed document [ECF No. 3-1] as Plaintiffs’ Memorandum in Support of Plaintiff’s Motion for Preliminary Injunction. Signed by Judge Joseph R. Goodwin on 6/2/2021. (cc: counsel of record; any unrepresented party) (kew) |
| 06/02/2021 | 19 | MEMORANDUM OF LAW by B. P. J., Heather Jackson in support of 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (docketed pursuant to #18 order) (kew) |
| 06/03/2021 | 20 | STATEMENT OF VISITING ATTORNEY from Andrew Barr on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958465. (Stark, Loree) |
| 06/03/2021 | 21 | STATEMENT OF VISITING ATTORNEY from Julie Veroff on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958472. (Stark, Loree) |
| 06/03/2021 | 22 | STATEMENT OF VISITING ATTORNEY from Kathleen Hartnett on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958489. (Stark, Loree) |
| 06/03/2021 | 23 | STATEMENT OF VISITING ATTORNEY from Katelyn Kang on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958498. (Stark, Loree) |
| 06/03/2021 | 24 | STATEMENT OF VISITING ATTORNEY from Elizabeth Reinhardt on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958508. (Stark, Loree) |
| 06/09/2021 | 25 | SUPPLEMENTAL DECLARATION of Katelyn Kang by B. P. J., Heather Jackson is support of 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Barr, Andrew) (Modified on 6/10/2021 to correct link and to add party filer) (kew). |
| 06/10/2021 | 26 | STATEMENT OF VISITING ATTORNEY from Sruti J. Swaminathan on behalf of Heather Jackson, B. P. J.. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7964227. (Stark, Loree) |
| 06/11/2021 | 27 | EXPEDITED MOTION by B. P. J., Heather Jackson for a Scheduling Order. (Stark, Loree) |
| 06/11/2021 | 28 | PROPOSED ORDER Order Granting Expedited Motion for a Scheduling Order by B. P. J., Heather Jackson. (Stark, Loree) |
| 06/14/2021 | 29 | ORDER denying 27 EXPEDITED MOTION by B. P. J., Heather Jackson for a Scheduling Order; Defendants’ Response to Plaintiffs’ Motion for a Preliminary Injunction is due on 6/16/2021; Plaintiffs’ Reply to the Response is due 6/23/2021. Signed by Judge Joseph R. Goodwin on 6/14/2021. (cc: counsel of record; any unrepresented party) (kew) |
| 06/14/2021 | 30 | NOTICE OF APPEARANCE by Kelly C. Morgan on behalf of W. Clayton Burch, West Virginia State Board of Education. (Morgan, Kelly) |
| 06/14/2021 | 31 | NOTICE OF ATTORNEY APPEARANCE by Roberta F. Green on behalf of West Virginia Secondary School Activities Commission. (Green, Roberta) |
| 06/15/2021 | 32 | APPEARANCE OF COUNSEL by Susan L. Deniker on behalf of Harrison County Board of Education, Dora Stutler. (Deniker, Susan) |
| 06/15/2021 | 33 | DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant West Virginia Secondary School Activities Commission (Green, Roberta) |
| 06/15/2021 | 34 | PROOF/CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint and Initial Pleadings to the Solicitor General of the Office of the West Virginia Attorney General Pursuant to FRCP 5.1(b). (Stark, Loree) |
| 06/15/2021 | 35 | AMENDED PROOF/CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint and Initial Pleadings to the Solicitor General of the Office of the West Virginia Attorney General Pursuant to FRCP 5.1(b). (Stark, Loree) |
| 06/15/2021 | 36 | MOTION by Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, W. Clayton Burch for Amended Schedule. (Deniker, Susan) (Modified on 6/15/2021 to add party filer) (kew). |
| 06/15/2021 | 37 | DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Harrison County Board of Education (Deniker, Susan) |
| 06/15/2021 | 38 | DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants W. Clayton Burch, West Virginia State Board of Education (Morgan, Kelly) |
| 06/15/2021 | 39 | ORDER denying 36 Unopposed Motion to Amend the Briefing Schedule; Defendants’ Response to the 2 Motion for a Preliminary Injunction is due 6/23/2021; Plaintiffs’ Reply is due 6/30/2021. Signed by Judge Joseph R. Goodwin on 6/15/2021. (cc: counsel of record; any unrepresented party) (kew) |
| 06/17/2021 | 40 | UNOPPOSED MOTION by State of West Virginia to Intervene and for Proposed Response Deadline. (Capehart, Curtis) |
| 06/17/2021 | 41 | MEMORANDUM OF LAW by State of West Virginia in support of 40 UNOPPOSED MOTION by State of West Virginia to Intervene and for Proposed Response Deadline. (Capehart, Curtis) |
| 06/17/2021 | 42 | STATEMENT OF INTEREST by United States of America. (Vaughan, Aria) |
| 06/17/2021 | 43 | STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING to 1 Complaint to 7/2/2021 by West Virginia State Board of Education, West Virginia Secondary School Activities Commission, Heather Jackson, B. P. J., Harrison County Board of Education, W. Clayton Burch, Dora Stutler. (Morgan, Kelly) (Modified on 6/17/2021 to add link to #1 complaint and to add party filers) (kew). |
| 06/17/2021 | SET ANSWER DEADLINES for W. Clayton Burch, Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education to 7/2/2021. (kew) | |
| 06/18/2021 | 44 | ORDER directing the 40 Unopposed Motion by State of West Virginia to Intervene is GRANTED; further directing the request for an additional two days to respond to Plaintiffs’ Motion for a Preliminary Injunction is DENIED. Signed by Judge Joseph R. Goodwin on 6/18/2021. (cc: counsel of record; any unrepresented party) (ts) |
| 06/21/2021 | 45 | MOTION by Harrison County Board of Education, Dora Stutler for Leave to Exceed the Page Limit Responding to the 2 Motion for Preliminary Injunction. (Deniker, Susan) (Modified on 6/22/2021 to add link to #2 motion) (kew). |
| 06/22/2021 | 46 | ORDER granting 45 Motion to Exceed the Page Limit. Signed by Judge Joseph R. Goodwin on 6/22/2021. (cc: counsel of record; any unrepresented party) (kew) |
| 06/22/2021 | 47 | RESPONSE by West Virginia Secondary School Activities Commission to 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Green, Roberta) |
| 06/23/2021 | 48 | RESPONSE by W. Clayton Burch, West Virginia State Board of Education in opposition to 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Morgan, Kelly) |
| 06/23/2021 | 49 | RESPONSE by State of West Virginia in opposition to 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Capehart, Curtis) |
| 06/23/2021 | 50 | RESPONSE by Harrison County Board of Education, Dora Stutler in opposition to 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Deniker, Susan) |
| 06/25/2021 | 51 | MOTION by B. P. J., Heather Jackson for Leave to File Consolidated 30-Page Reply Brief in Support of 2 Motion for Preliminary Injunction. (Attachment: # 1 Proposed Order)(Stark, Loree) (Modified on 6/25/2021 to add link to #2 motion) (kew). |
| 06/28/2021 | 52 | ORDER granting 51 Motion Pursuant to Local Rule of Civil Procedure 7.1(a)(2) For Leave to File Consolidated 30-Page Reply Brief in Support of Plaintiff’s Motion for Preliminary Injunction. Signed by Judge Joseph R. Goodwin on 6/28/2021. (cc: counsel of record; any unrepresented party) (lca) |
| 06/30/2021 | 53 | CONSOLIDATED REPLY by B. P. J., Heather Jackson to 47 Response and the 48 , 49 and 50 Responses In Opposition. (Attachment: # 1 Supplemental Expert Declaration of Joshua D. Safer) (Stark, Loree) |
| 07/01/2021 | 54 | MOTION by West Virginia State Board of Education, W. Clayton Burch to Dismiss 1 Complaint. (Morgan, Kelly) (Modified on 7/1/2021 to add party filer) (lca). |
| 07/01/2021 | 55 | MEMORANDUM OF LAW by W. Clayton Burch, West Virginia State Board of Education in support of 54 MOTION by West Virginia State Board of Education, W. Clayton Burch to Dismiss 1 Complaint. (Morgan, Kelly) |
| 07/02/2021 | 56 | MOTION by West Virginia Secondary School Activities Commission to Dismiss 1 Complaint. (Green, Roberta) |
| 07/02/2021 | 57 | MEMORANDUM by West Virginia Secondary School Activities Commission in support of 56 MOTION by West Virginia Secondary School Activities Commission to Dismiss 1 Complaint. (Green, Roberta) |
| 07/02/2021 | 58 | MOTION by Harrison County Board of Education, Dora Stutler to Dismiss 1 Complaint. (Deniker, Susan) (Modified on 7/5/2021 to add link to #1 complaint) (kew). |
| 07/02/2021 | 59 | MEMORANDUM OF LAW by Harrison County Board of Education, Dora Stutler in support of 58 MOTION by Harrison County Board of Education, Dora Stutler to Dismiss 1 Complaint. (Deniker, Susan) |
| 07/02/2021 | 60 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tara L. Borelli updating name and/or firm information. (Borelli, Tara) (Modified on 7/3/2021 to convert event to notice of change of attorney information) (mk). |
| 07/02/2021 | 61 | ANSWER TO 1 Complaint With Jury Demand by State of West Virginia.(Capehart, Curtis) (Modified on 7/3/2021 to add jury demand) (mk). |
| 07/07/2021 | 62 | STATEMENT OF VISITING ATTORNEY from David C. Tryon on behalf of State of West Virginia. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-7983140. (Capehart, Curtis) (attorney admitted to practice in SDWV on 2/17/2022; no longer appearing pro hac vice) (ts). |
| 07/08/2021 | 63 | ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) – 8/5/2021. Last day for Rule 26(f) meeting – 8/30/2021. Last day to file report of Rule 26(f) meeting – 9/7/2021. Scheduling Conference at 9:00 AM on 9/20/2021 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order – 9/30/2021. Last day to make Rule 26(a)(1) disclosures – 10/4/2021. Signed by Judge Joseph R. Goodwin on 7/8/2021. (cc: counsel of record; any unrepresented parties) (mfo) |
| 07/16/2021 | 64 | FIRST AMENDED COMPLAINT by B. P. J., Heather Jackson against W. Clayton Burch, Harrison County Board of Education, State of West Virginia, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, Patrick Morrisey. (Attachment: # 1 Proposed Summons)(Stark, Loree) (Modified on 7/19/2021 to convert event to amended complaint) (kew). |
| 07/16/2021 | 65 | CONSOLIDATED OPPOSITION by B. P. J., Heather Jackson to 54 , 56 and 58 Motions to Dismiss. (Stark, Loree) |
| 07/19/2021 | 66 | ELECTRONIC SUMMONS ISSUED as to Patrick Morrisey, re: 64 First Amended Complaint. Summons returnable 14 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (kew) |
| 07/21/2021 | 67 | MEMORANDUM OPINION & ORDER granting Plaintiff’s 2 MOTION for a Preliminary Injunction. While this case is pending, Defendants are enjoined from enforcing Section 18-2-25d against B.P.J. She will be permitted to sign up for and participate in school athletics in the same way as her girl classmates. I find that a bond is unnecessary and waive its requirement in this case. The court further DIRECTS the Clerk to post a copy of this published opinion on the court’s website. Signed by Judge Joseph R. Goodwin on 7/21/2021. (cc: counsel of record; any unrepresented party) (arb) |
| 07/26/2021 | 68 | SUMMONS RETURNED EXECUTED for Patrick Morrisey, re: 64 First Amended Complaint. Patrick Morrisey served on 7/20/2021, answer due 8/10/2021. (Stark, Loree) |
| 07/28/2021 | 69 | ORDER denying as moot Defendants’ 54 , 56 , and 58 Motions to Dismiss. Signed by Judge Joseph R. Goodwin on 7/28/2021. (cc: counsel of record; any unrepresented party) (btm) |
| 07/30/2021 | 70 | MOTION by West Virginia Secondary School Activities Commission to Dismiss 64 First Amended Complaint. (Green, Roberta) |
| 07/30/2021 | 71 | MEMORANDUM OF LAW by West Virginia Secondary School Activities Commission in support of 70 MOTION by West Virginia Secondary School Activities Commission to Dismiss 64 First Amended Complaint. (Green, Roberta) |
| 07/30/2021 | 72 | MOTION by Harrison County Board of Education, Dora Stutler to Dismiss re: 64 First Amended Complaint. (Deniker, Susan) |
| 07/30/2021 | 73 | MEMORANDUM OF LAW by Harrison County Board of Education, Dora Stutler in support of 72 MOTION by Harrison County Board of Education, Dora Stutler to Dismiss re: 64 First Amended Complaint(mk) |
| 07/30/2021 | 74 | MOTION by W. Clayton Burch, West Virginia State Board of Education to Dismiss With Prejudice re: 64 First Amended Complaint. (Morgan, Kelly) |
| 07/30/2021 | 75 | MEMORANDUM OF LAW by W. Clayton Burch, West Virginia State Board of Education in support of 74 MOTION by W. Clayton Burch, West Virginia State Board of Education to Dismiss With Prejudice re: 64 First Amended Complaint. (Morgan, Kelly) |
| 07/30/2021 | 76 | MOTION by Patrick Morrisey, State of West Virginia to Dismiss Patrick Morrisey in His Official Capacity as Attorney General of the State of West Virginia re: 64 First Amended Complaint. (Capehart, Curtis) |
| 07/30/2021 | 77 | MEMORANDUM OF LAW by Patrick Morrisey, State of West Virginia in support of 76 MOTION by Patrick Morrisey, State of West Virginia to Dismiss Patrick Morrisey in His Official Capacity as Attorney General of the State of West Virginia re: 64 First Amended Complaint (Capehart, Curtis) |
| 07/30/2021 | 78 | ANSWER TO 64 FIRST AMENDED COMPLAINT With Jury Demand by State of West Virginia.(Capehart, Curtis) (Modified on 7/31/2021 to add jury demand) (mk). |
| 08/02/2021 | 79 | STATEMENT OF VISITING ATTORNEY from Meredith Taylor Brown on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-8001642. (Stark, Loree) |
| 08/13/2021 | 80 | CONSOLIDATED MEMORANDUM by B. P. J., Heather Jackson in opposition to 70 MOTION by West Virginia Secondary School Activities Commission, 72MOTION by Harrison County Board of Education, Dora Stutler and 74 MOTION by W. Clayton Burch, West Virginia State Board of Education to Dismiss With Prejudice, re: 64 First Amended Complaint. (Stark, Loree) |
| 08/13/2021 | 81 | MOTION by B. P. J., Heather Jackson to Strike Jury Demand in 78 Answer to Complaint by State of West Virginia. (Attachment: # 1 Proposed Order Granting Plaintiff’s Motion to Strike Jury Demand)(Stark, Loree) |
| 08/13/2021 | 82 | JOINT MOTION by B. P. J., Patrick Morrisey, State of West Virginia to Dismiss Patrick Morrisey in His Official Capacity as Attorney General of the State of West Virginia re: 64 First Amended Complaint. (Attachment: # 1 Proposed Order)(Stark, Loree) (Modified on 8/15/2021 to correct link and to add party filers) (kew). |
| 08/20/2021 | 83 | REPLY by West Virginia Secondary School Activities Commission to 80 Memorandum In Opposition. (Attachment: # 1 Exhibit A)(Green, Roberta) |
| 08/20/2021 | 84 | REPLY by W. Clayton Burch, West Virginia State Board of Education to 80 Consolidated Memorandum in Opposition. (Morgan, Kelly) |
| 08/20/2021 | 85 | REPLY by Harrison County Board of Education, Dora Stutler to 80 Consolidated Memorandum in Opposition. (Deniker, Susan) |
| 08/26/2021 | 86 | NOTICE OF WITHDRAWAL OF COUNSEL by Jessica A. Lee on behalf of State of West Virginia. (Lee, Jessica) |
| 08/27/2021 | 87 | MOTION by B. P. J., Heather Jackson for Leave to File Surreply in Opposition to Defendants’ Motion to Dismiss with proposed document attached (Attachments: # 1 Proposed Surreply, # 2 Proposed Order)(Stark, Loree) |
| 08/27/2021 | 88 | RESPONSE by State of West Virginia in opposition to 81 MOTION by B. P. J., Heather Jackson to Strike Jury Demand in 78 Answer to Complaint by State of West Virginia (Capehart, Curtis) |
| 08/30/2021 | 89 | RESPONSE by West Virginia Secondary School Activities Commission in opposition to 87 MOTION by B. P. J., Heather Jackson for Leave to File Surreply in Opposition to Defendants’ Motion to Dismiss (Green, Roberta) |
| 08/30/2021 | 90 | ORDER directing that Plaintiff’s 87 MOTION for Leave to File Surreply in Opposition to Defendants’ Motion to Dismiss is DENIED. Signed by Judge Joseph R. Goodwin on 8/30/2021. (cc: counsel of record; any unrepresented party) (msa) |
| 09/03/2021 | 91 | REPLY by B. P. J., Heather Jackson to 88 Response In Opposition. (Stark, Loree) |
| 09/07/2021 | 92 | RULE 26(f) REPORT OF PLANNING MEETING by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, Patrick Morrisey, State of West Virginia. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stark, Loree) (Modified on 9/8/2021 to add party filers) (kew). |
| 09/08/2021 | 93 | SCHEDULING ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Amendment of pleadings and joinder of parties – 10/26/2021. Deadline for written discovery requests – 2/8/2022. Expert disclosure by party with burden of proof – 1/24/2022. Expert disclosure by opposing party – 2/23/2022. Expert disclosure for rebuttal purposes – 3/11/2022. Deposition deadline and close of discovery – 3/25/2022. Filing of dispositive motions – 4/14/2022. Responses to dispositive motions – 4/28/2022. Reply to response to dispositive motion – 5/5/2022. Hearing on motions for summary judgment on 6/8/2022 at 10:00 AM. Settlement meeting and mediation deadline – 5/25/2022. Filing of motions in limine – 6/22/2022. Responses to motions in limine – 6/29/2022. Plaintiff draft of pretrial order to defendant – 6/20/2022. Integrated pretrial order filed by defendant – 6/27/2022. Pretrial conference on 7/6/2022 at 11:00 AM. Proposed jury instructions filed – 7/18/2022. Final settlement conference on 7/25/2022 at 9:00 AM. Trial on 7/26/2022 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 9/8/2021. (cc: counsel of record; any unrepresented parties) (mfo) |
| 09/10/2021 | Movant, Lainey Armistead, added pursuant to request of counsel. (ts) | |
| 09/10/2021 | 94 | MOTION by Lainey Armistead to Intervene (Steele, Brandon) |
| 09/10/2021 | 95 | MEMORANDUM by Lainey Armistead in support of 94 MOTION by Lainey Armistead to Intervene. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Steele, Brandon) |
| 09/13/2021 | 96 | STATEMENT OF VISITING ATTORNEY from Christiana Holcomb on behalf of Lainey Armistead. Local counsel: Brandon Steele. Fee $50.00. Receipt # AWVSDC-8031384. (Steele, Brandon) |
| 09/13/2021 | 97 | STATEMENT OF VISITING ATTORNEY from Jonathan Scruggs on behalf of Lainey Armistead. Local counsel: Brandon Steele. Fee $50.00. Receipt # AWVSDC-8031399. (Steele, Brandon) |
| 09/15/2021 | 98 | STATEMENT OF VISITING ATTORNEY from Timothy Ducar on behalf of Lainey Armistead. Local counsel: Brandon Steele. Fee $50.00. Receipt # AWVSDC-8033888. (Steele, Brandon) |
| 09/24/2021 | 99 | OPPOSITION by B. P. J., Heather Jackson to 94 MOTION by Lainey Armistead to Intervene. (Stark, Loree) |
| 10/01/2021 | 100 | REPLY MEMORANDUM by Lainey Armistead to 99 Opposition. (Steele, Brandon) |
| 10/04/2021 | 101 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Initial Disclosures. (Green, Roberta) |
| 10/04/2021 | 102 | CERTIFICATE OF SERVICE by W. Clayton Burch, West Virginia State Board of Education for Initial Disclosures. (Morgan, Kelly) |
| 10/04/2021 | 103 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Initial Disclosures. (Deniker, Susan) |
| 10/04/2021 | 104 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Initial Disclosures. (Stark, Loree) (Modified on 10/5/2021 to add party filer) (kew). |
| 10/04/2021 | 105 | CERTIFICATE OF SERVICE by State of West Virginia for Rule 26(a)(1) Disclosures. (Capehart, Curtis) |
| 10/04/2021 | 106 | CERTIFICATE OF SERVICE by Lainey Armistead for Rule 26(a)(1) Initial Disclosures. (Ducar, Timothy) |
| 10/05/2021 | 107 | CERTIFICATE OF SERVICE by State of West Virginia for First Set of Discovery Requests to Plaintiff. (Capehart, Curtis) |
| 10/18/2021 | 108 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Carl Solomon Charles updating name and/or firm information on behalf of B. P. J., Heather Jackson. (Charles, Carl) |
| 10/18/2021 | 109 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tara L. Borelli updating name and/or firm information on behalf of B. P. J., Heather Jackson. (Borelli, Tara) (Modified on 10/19/2021 to convert event to notice of change of attorney information) (kew). |
| 10/22/2021 | 110 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for First Set of Discovery Requests to Defendants. (Stark, Loree) |
| 11/05/2021 | 111 | PROPOSED ORDER Stipulated Protective Order by State of West Virginia, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler. (Capehart, Curtis) (Modified on 11/8/2021 to add party filers) (kew). |
| 11/10/2021 | 112 | ORDER construing the parties’ 111 Stipulated Protective Order as a joint motion for the entry of a protective order; directing that the parties’ construed joint motion for the entry of a protective order is denied, without prejudice as to refiling. Signed by Magistrate Judge Dwane L. Tinsley on 11/10/2021. (cc: counsel of record; any unrepresented party) (btm) |
| 11/22/2021 | 113 | JOINT MOTION by State of West Virginia, B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, Patrick Morrisey for Entry of a Particularized Protective Order. (Attachment: # 1 Proposed Order)(Capehart, Curtis) (Modified on 11/22/2021 to add party filers) (kew). |
| 11/22/2021 | MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: 113 JOINT MOTION by Certain Parties for Entry of a Particularized Protective Order. (kew) | |
| 11/22/2021 | 114 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Responses to First Set of Requests for Production. (Green, Roberta) |
| 11/22/2021 | 115 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Responses to First Set of Interrogatories. (Green, Roberta) |
| 11/22/2021 | 116 | CERTIFICATE OF SERVICE by W. Clayton Burch, West Virginia State Board of Education for Responses to Plaintiff’s First Set of Interrogatories to Defendants State Board of West Virginia and W. Clayton Burch. (Morgan, Kelly) |
| 11/22/2021 | 117 | CERTIFICATE OF SERVICE by W. Clayton Burch, West Virginia State Board of Education for Responses to Plaintiff’s First Set of Requests for Production (Morgan, Kelly) |
| 11/22/2021 | 118 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Answers and Objections to Plaintiff’s First Set of Interrogatories (Deniker, Susan) |
| 11/22/2021 | 119 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Responses and Objections to Plaintiff’s First Set of Requests for Production (Deniker, Susan) |
| 11/23/2021 | 120 | CERTIFICATE OF SERVICE by State of West Virginia for Response to First Set of Interrogatories and Requests for Production. (Capehart, Curtis) |
| 11/23/2021 | 121 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses and Objections to State of West Virginia’s First Set of Interrogatories. (Stark, Loree) |
| 11/23/2021 | 122 | AMENDED CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Responses to First Set of Interrogatories. (Bandy, Kimberly) |
| 11/23/2021 | 123 | ORDER granting 113 Joint Motion for Protective Order. Signed by Magistrate Judge Dwane L. Tinsley on 11/23/2021. (cc: counsel of record; any unrepresented party) (lca) |
| 11/23/2021 | 124 | AMENDED CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Responses to First Set of Requests for Production. (Bandy, Kimberly) |
| 11/23/2021 | 125 | STIPULATED PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 11/23/2021. (cc: counsel of record; any unrepresented party) (lca) |
| 11/24/2021 | 126 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Supplemental Responses to First Set of Requests for Production. (Deniker, Susan) |
| 11/30/2021 | 127 | ORDER granting the 82 JOINT MOTION to Dismiss by Plaintiff B.P.J. and Defendants State of West Virginia and Patrick Morrisey, in his official capacity as Attorney General for the State of West Virginia. The claim by Plaintiff B.P.J. against the Attorney General in Count II of the First Amended Complaint, under the Equal Protection Clause, is DISMISSED without prejudice, and the Attorney General is DISMISSED as a party. This order does not affect any other claim or issue in the case. Each side will bear the costs and fees as to this claim against the Attorney General as well as this 82 Joint Motion and the Attorney General’s previously-filed 76 Motion to Dismiss. Signed by Judge Joseph R. Goodwin on 11/30/2021. (cc: counsel of record; any unrepresented party) (arb) |
| 12/01/2021 | 128 | ORDER denying as moot 76 MOTION by Patrick Morrisey, State of West Virginia to Dismiss Patrick Morrisey in His Official Capacity as Attorney General of the State of West Virginia. Signed by Judge Joseph R. Goodwin on 12/1/2021. (cc: counsel of record; any unrepresented party) (tmr) |
| 12/01/2021 | 129 | MEMORANDUM OPINION AND ORDER denying 70 , 72 , and 74 Motions to Dismiss are denied. Signed by Judge Joseph R. Goodwin on 12/1/2021. (cc: counsel of record; any unrepresented party) (lca) (Modified on 12/1/2021 to replace unflattened image with flattened image. (lca). |
| 12/01/2021 | NOTICE OF DOCKET CORRECTION re: 129 Memorandum Opinion and Order. ERROR: Document not flattened. CORRECTION: Document replaced with flattened document. (lca) | |
| 12/01/2021 | 130 | MEMORANDUM OPINION AND ORDER granting in part and denying in part 94 MOTION to Intervene and directs the Clerk to docket Intervenor’s Proposed Answer to First Amended Complaint. Signed by Judge Joseph R. Goodwin on 12/1/2021. (cc: counsel of record; any unrepresented party) (lca) |
| 12/01/2021 | 131 | ANSWER to 64 First Amended Complaint With Jury Demand by Lainey Armistead; filed pursuant to the 130 Memorandum Opinion and Order. (lca) (Modified on 12/1/2021 to add jury demand) (mk). |
| 12/07/2021 | 132 | NOTICE of Non-Party Subpoena on Adam Burkhammer by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 133 | NOTICE of Non-Party Subpoena on Buck Jennings by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 134 | NOTICE of Non-Party Subpoena on Caleb Hanna by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 135 | NOTICE of Non-Party Subpoena on Charles Horst by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 136 | NOTICE of Non-Party Subpoena on Chris Phillips by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 137 | NOTICE of Non-Party Subpoena on Heather Tully by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 138 | NOTICE of Non-Party Subpoena on Jordan Bridges by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 139 | NOTICE of Non-Party Subpoena on Joe Ellington by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 140 | NOTICE of Non-Party Subpoena on Margitta Mazzocchi by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 141 | NOTICE of Non-Party Subpoena on Melissa White by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 142 | NOTICE of Non-Party Subpoena on Rollan Roberts by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 143 | NOTICE of Non-Party Subpoena on Todd Longanacre by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/07/2021 | 144 | NOTICE of Non-Party Subpoena on Wayne Clark by B. P. J., Heather Jackson (Attachment: # 1 Exhibit 1)(Stark, Loree) |
| 12/08/2021 | 145 | JOINT MOTION by State of West Virginia, B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler for Protective Order. (Attachment: # 1 Proposed Order)(Capehart, Curtis) (Modified on 12/8/2021 to add party filers) (kew). |
| 12/08/2021 | MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: 145 JOINT MOTION by State of West Virginia, B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler for Protective Order. (kew) | |
| 12/09/2021 | 146 | ORDER granting 145 JOINT MOTION for Protective Order. Signed by Magistrate Judge Dwane L. Tinsley on 12/9/2021. (cc: counsel of record; any unrepresented party) (lca) |
| 12/09/2021 | 147 | STIPULATED PROTECTIVE ORDER (UPDATED WITH NEW PARTY) Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 12/9/2021. (cc: counsel of record; any unrepresented party) (lca) |
| 12/10/2021 | 148 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Production of Documents in Response to the State of West Virginia’s First Set of Interrogatories and Requests for Production. (Stark, Loree) |
| 12/10/2021 | 149 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Production of Documents in Response to the State of West Virginia’s First Set of Interrogatories and Requests for Production. (Stark, Loree) |
| 12/10/2021 | 150 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Production of Documents in Response to the State of West Virginia’s First Set of Interrogatories and Requests for Production. (Stark, Loree) |
| 12/10/2021 | 151 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Production of Documents in Response to the State of West Virginia’s First Set of Interrogatories and Requests for Production. (Stark, Loree) |
| 12/10/2021 | 152 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Initial Disclosures, First Set of Discovery Requests, and Responses and Objections to State of West Virginia’s First Set of Interrogatories and Request for Production. (Stark, Loree) |
| 12/13/2021 | 153 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jeffrey Mark Cropp appearing on behalf of Harrison County Board of Education, Dora Stutler. (Cropp, Jeffrey) |
| 12/13/2021 | 154 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Production of Documents in Response to the State of West Virginia’s First Set of Interrogatories and Requests for Production. (Reinhardt, Elizabeth) (Modified on 12/14/2021 to add party filer) (kew). |
| 12/13/2021 | 155 | AMENDED CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Production of Documents in Response to the State of West Virginia’s First Set of Interrogatories and Requests for Production. (Stark, Loree) (Modified on 12/14/2021 to add party filer) (kew). |
| 12/15/2021 | 156 | ANSWER TO 64 First Amended Complaint with Jury Demand by W. Clayton Burch, West Virginia State Board of Education. (Morgan, Kelly) (Modified on 12/15/2021 to add document link) (lca). |
| 12/15/2021 | 157 | ANSWER TO 64 First Amended Complaint by Harrison County Board of Education, Dora Stutler. (Deniker, Susan) (Modified on 12/16/2021 to correct link) (kew). |
| 12/15/2021 | 158 | ANSWER TO 64 FIRST AMENDED COMPLAINT with Jury Demand by West Virginia Secondary School Activities Commission. (Green, Roberta) (Modified on 12/16/2021 to add link to #64 amended complaint) (kew). |
| 12/17/2021 | 159 | CERTIFICATE OF SERVICE by Lainey Armistead for First Set of Interrogatories and Requests for Production. (Holcomb, Christiana) |
| 12/20/2021 | 160 | NOTICE OF DEPOSITIONS by State of West Virginia of Heather Jackson at 10:00 a.m. and B.P.J. at 3:30 p.m. on 1/19/2022 and Wesley Pepper on at 10:00 a.m. on 1/20/2022. (Capehart, Curtis) |
| 12/20/2021 | 161 | NOTICE of Non-Party Subpoena on West Virginia State University by B. P. J., Heather Jackson. (Attachment: # 1 Exhibit A)(Stark, Loree) (Modified on 12/21/2021 to add party filer) (kew). |
| 12/20/2021 | 162 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for First Set of Discovery Requests to Lainey Armistead. (Stark, Loree) (Modified on 12/21/2021 to add party filer) (kew). |
| 12/20/2021 | 163 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Discovery Requests to West Virginia State Board of Education and W. Clayton Burch. (Stark, Loree) (Modified on 12/21/2021 to add party filer) (kew). |
| 12/20/2021 | 164 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Requests for Production to West Virginia Secondary School Activities Commission. (Stark, Loree) (Modified on 12/21/2021 to add party filer) (kew). |
| 12/23/2021 | 165 | AMENDED CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Production of Documents in Response to the State of West Virginia’s First Set of Interrogatories and Requests for Production. (Stark, Loree) (Modified on 12/27/2021 to add party filer) (kew). |
| 12/23/2021 | 166 | CERTIFICATE OF SERVICE by Lainey Armistead for Second Set of Interrogatories and Requests for Production. (Holcomb, Christiana) |
| 12/28/2021 | 167 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Supplemental Responses to First Set of Requests for Production. (Green, Roberta) |
| 12/28/2021 | 168 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Supplemental Responses to First Set. (Green, Roberta) |
| 01/06/2022 | 169 | MOTION by B. P. J., Heather Jackson for Protective Order. (Attachments: # 1 Declaration, # 2 Proposed Order)(Stark, Loree) |
| 01/06/2022 | 170 | MOTION by B. P. J., Heather Jackson to Expedite Determination of the 169 Motion for Protective Order. (Attachment: # 1 Proposed Order)(Stark, Loree) (Modified on 1/7/2022 to add link to #169 motion) (kew). |
| 01/06/2022 | MOTIONS REFERRED to Magistrate Judge Dwane L. Tinsley: 169 MOTION by B. P. J., Heather Jackson for Protective Order, 170 MOTION by B. P. J., Heather Jackson to Expedite. (ts) (Entered: 01/07/2022) | |
| 01/06/2022 | DUPLICATE ENTRY. (Modified on 1/10/2022 to note duplicate entry of previous motion referred entry re: #169 motion) (ts). (Entered: 01/07/2022) | |
| 01/07/2022 | 171 | ORDER granting 170 MOTION to Expedite; defendants shall file any response to the 169 Motion for Protective Order by 1/11/2022 and Plaintiff shall file any reply by 1/13/2022. Signed by Magistrate Judge Dwane L. Tinsley on 1/7/2022. (cc: counsel of record; any unrepresented party) (lca) |
| 01/07/2022 | 172 | CERTIFICATE OF SERVICE by Lainey Armistead for First Set of Requests for Admission. (Holcomb, Christiana) |
| 01/11/2022 | 173 | RESPONSE by Lainey Armistead in opposition to 169 MOTION by B. P. J., Heather Jackson for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Steele, Brandon) |
| 01/11/2022 | 174 | RESPONSE by State of West Virginia in opposition to 169 MOTION by B. P. J., Heather Jackson for Protective Order (Capehart, Curtis) |
| 01/12/2022 | 175 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Production of Documents in Response to the State of West Virginia’s First Set of Requests for Production. (Stark, Loree) (Modified on 1/13/2022 to add party filer) (ts) |
| 01/12/2022 | 176 | CERTIFICATE OF SERVICE by B. P. J.,Heather Jackson for Second Set of Interrogatories to Defendant County Board of Education and Dora Stutler. (Stark, Loree) (Modified on 1/13/2022 to add party filer) (ts). |
| 01/12/2022 | 177 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Interrogatories to Defendant West Virginia Secondary School Activities Commission. (Stark, Loree) (Modified on 1/13/2022 to add party filer) (ts). |
| 01/13/2022 | 178 | CONSOLIDATED REPLY by B. P. J., Heather Jackson to 173 and 174 Responses in Opposition. (Stark, Loree) (Modified on 1/14/2022 to correct links and to add party filer) (kew). |
| 01/14/2022 | 179 | CERTIFICATE OF SERVICE by W. Clayton Burch, West Virginia State Board of Education for Supplemental Responses to First Set of Interrogatories. (Morgan, Kelly) |
| 01/18/2022 | 180 | ORDER granting in part and denying in part 169 MOTION for Protective Order, as more fully set forth herein. Signed by Magistrate Judge Dwane L. Tinsley on 1/17/2022. (cc: counsel of record; any unrepresented party) (lca) |
| 01/18/2022 | 181 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Responses to Second Set. (Green, Roberta) |
| 01/18/2022 | 182 | APPEARANCE OF COUNSEL by Joshua D. Brown on behalf of Lainey Armistead. (Brown, Joshua) |
| 01/19/2022 | 183 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses and Objections to Lainey Armistead’s First Set of Interrogatories and Requests for Production. (Stark, Loree) (Modified on 1/20/2022 to add party filer) (kew). |
| 01/21/2022 | 184 | NOTICE OF RULE 30(b)(6) DEPOSITION by B. P. J., Heather Jackson of Harrison County Board of Education on 02/18/2022 at 12:00 p.m. (Stark, Loree) (Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 185 | NOTICE OF RULE 30(b)(6) DEPOSITION by B. P. J., Heather Jackson of West Virginia State Board of Education on 02/09/2022 at 12:00 p.m. (Stark, Loree) (Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 186 | NOTICE OF RULE 30(b)(6) DEPOSITION by B. P. J., Heather Jackson of West Virginia Secondary School Activities Commission on 02/11/2022 at 12:00 p.m. (Stark, Loree) (Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 187 | NOTICE OF DEPOSITIONS by B. P. J., Heather Jackson of David R. Mazza at 12:00 p.m. on 2/28/2022, Danyelle Schoonmaker at 12:00 p.m. on 2/23/2022, and Lainey Armistead at 12:00 p.m. on 3/2/2022. (Stark, Loree)(Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 188 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for First Set of Requests for Admission and Second Set of Interrogatories to Lainey Armistead. (Stark, Loree) (Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 189 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for First Set of Requests for Admission and Second Set of Interrogatories to the State of West Virginia. (Stark, Loree) (Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 190 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for First Set of Requests for Admission and Third Set of Interrogatories to Harrison County Board of Education and Superintendent Dora Stutler. (Stark, Loree) (Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 191 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for First Set of Requests for Admission and Third Set of Interrogatories to West Virginia State Board of Education and Superintendent W. Clayton Burch. (Stark, Loree) (Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 192 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for First Set of Requests for Admission and Third Set of Interrogatories to West Virginia Secondary School Activities Commission. (Stark, Loree) (Modified on 1/21/2022 to add party filer) (kew). |
| 01/21/2022 | 193 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental and Amended Responses and Objections to the State of West Virginia’s First Set of Interrogatories and Requests for Production. (Stark, Loree) (Modified on 1/24/2022 to add party filer) (kew). |
| 01/24/2022 | 194 | STATEMENT OF VISITING ATTORNEY from Rachel A. Csutoros on behalf of Lainey Armistead. Local counsel: Brandon Steele. Fee $50.00. Receipt # AWVSDC-8117291. (Steele, Brandon) |
| 01/24/2022 | 195 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Initial Designation of Expert Witnesses. (Stark, Loree) |
| 01/25/2022 | 196 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses and Objections to Lainey Armistead’s Second Set of Interrogatories and Requests for Production. (Stark, Loree) |
| 01/25/2022 | 197 | STATEMENT OF VISITING ATTORNEY from Roger G. Brooks on behalf of Lainey Armistead. Local counsel: Brandon Steele. Fee $50.00. Receipt # AWVSDC-8118719. (Steele, Brandon) |
| 01/28/2022 | 198 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Second Supplemental Responses to First Set of Requests for Production. (Green, Roberta) |
| 01/31/2022 | 199 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Response to State of West Virginia’s First Set of Requests for Production and Lainey Armistead’s First Set of Requests for Production. (Stark, Loree) |
| 02/02/2022 | 200 | CERTIFICATE OF SERVICE by W. Clayton Burch, West Virginia State Board of Education for Responses to Second Set of Interrogatories. (Morgan, Kelly) |
| 02/02/2022 | 201 | CERTIFICATE OF SERVICE by W. Clayton Burch, West Virginia State Board of Education for Responses to Second Set of Requests for Production. (Morgan, Kelly) |
| 02/02/2022 | 202 | CERTIFICATE OF SERVICE by Lainey Armistead for Responses and Objections to First Set of Interrogatories and Requests for Production. (Steele, Brandon) |
| 02/02/2022 | 203 | CERTIFICATE OF SERVICE by State of West Virginia for Second Set of Discovery Requests. (Capehart, Curtis) |
| 02/04/2022 | 204 | INCORRECT ENTRY; IMAGE REMOVED. (Modified on 2/4/2022 to remove image because the incorrect event was used) (kew). |
| 02/04/2022 | NOTICE OF DOCKET CORRECTION re: #204 Notice of Attorney Appearance. ERROR: Incorrect event used. CORRECTION: Image removed. (kew) | |
| 02/04/2022 | 205 | STATEMENT OF VISITING ATTORNEY from Zo Helstrom on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-8125771. (Stark, Loree) |
| 02/04/2022 | 206 | STATEMENT OF VISITING ATTORNEY from Henry W. Frampton, IV on behalf of Lainey Armistead. Local counsel: Joshua D. Brown. Fee $50.00. Receipt # AWVSDC-8126001. (Brown, Joshua) |
| 02/07/2022 | 207 | NOTICE OF APPEARANCE by Nicholas Ward on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 02/07/2022 | 208 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for First Set of Interrogatories to Plaintiff. (Deniker, Susan) |
| 02/07/2022 | 209 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for First Set of Requests for Production of Documents to Plaintiff. (Deniker, Susan) |
| 02/07/2022 | 210 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for First Set of Requests for Admission to Plaintiff. (Deniker, Susan) |
| 02/07/2022 | 211 | CERTIFICATE OF SERVICE by Lainey Armistead for Third Set of Interrogatories and Second Set of Requests for Admission to Plaintiff. (Steele, Brandon) |
| 02/08/2022 | 212 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses and Objections to First Set of Requests for Admission. (Stark, Loree) |
| 02/08/2022 | 213 | CERTIFICATE OF SERVICE by Lainey Armistead for Third Set of Requests for Admission to Plaintiff. (Steele, Brandon) |
| 02/09/2022 | 214 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Third Supplemental Responses to First Set of Requests for Production. (Green, Roberta) |
| 02/09/2022 | 215 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Responses to Second Set of Interrogatories. (Green, Roberta) |
| 02/09/2022 | 216 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Requests for Admission to Lainey Armistead. (Stark, Loree) |
| 02/09/2022 | 217 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Requests for Admission to State of West Virginia. (Stark, Loree) |
| 02/09/2022 | 218 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Requests for Admission to State Superintendent W. Clayton Burch. (Stark, Loree) |
| 02/09/2022 | 219 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Requests for Admission to West Virginia State Board of Education. (Stark, Loree) |
| 02/09/2022 | 220 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Requests for Admission to West Virginia Secondary School Activities Commission. (Stark, Loree) |
| 02/09/2022 | 221 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Requests for Admission to Harrison County Superintendent Dora Stutler. (Stark, Loree) |
| 02/09/2022 | 222 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Requests for Admission to Harrison County Board of Education. (Stark, Loree) |
| 02/10/2022 | 223 | NOTICE OF WITHDRAWAL OF COUNSEL by Meredith Taylor Brown on behalf of B. P. J., Heather Jackson. (Stark, Loree) |
| 02/10/2022 | 224 | NOTICE OF DEPOSITION DUCES TECUM by State of West Virginia of Gerald Montano, DO on 02/24/2022 at 10:00 a.m. (Capehart, Curtis) |
| 02/10/2022 | 225 | NOTICE OF DEPOSITION by State of West Virginia of Kacie Kidd, MD on 02/21/2022 at 10:00 a.m. (Capehart, Curtis) |
| 02/10/2022 | 226 | NOTICE OF DEPOSITION by State of West Virginia of Matthew Bunner on 2/25/2022 at 10:00 a.m. (Capehart, Curtis) |
| 02/10/2022 | 227 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Answers to Second Set of Interrogatories. (Deniker, Susan) |
| 02/14/2022 | 228 | CERTIFICATE OF SERVICE by Lainey Armistead for First Supplemental Disclosures. (Steele, Brandon) |
| 02/14/2022 | 229 | AMENDED NOTICE OF 30(b)(6) DEPOSITION by B. P. J., Heather Jackson of Harrison County Board of Education on 03/08/2022 at 12:00 P.M. (Attachment: # 1 Exhibit A)(Stark, Loree) |
| 02/16/2022 | 230 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses to First Set of Requests for the Production of Documents. (Stark, Loree) |
| 02/16/2022 | 231 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses to First Set of Requests for the Production of Documents. (Stark, Loree) |
| 02/16/2022 | 232 | NOTICE OF DEPOSITION by Lainey Armistead of Deanna Adkins, MD on March 16, 2022 at 9:00 a.m. (Steele, Brandon) |
| 02/16/2022 | 233 | NOTICE OF DEPOSITION by Lainey Armistead of Joshua Safer, MD on March 24, 2022 at 9:00 a.m. (Steele, Brandon) |
| 02/17/2022 | 234 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Loree Beth Stark updating name and/or firm information on behalf of B. P. J., Heather Jackson. (Stark, Loree) |
| 02/17/2022 | 235 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Responses to First Set of Requests for Admission and Third Set of Interrogatories. (Green, Roberta) |
| 02/18/2022 | 236 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Supplemental Answers to First Set of Interrogatories. (Deniker, Susan) |
| 02/18/2022 | 237 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Second Supplemental Responses to First Set of Requests for Production. (Deniker, Susan) |
| 02/18/2022 | 238 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Answers and Objections to First Set of Requests for Admission and Third Set of Interrogatories. (Deniker, Susan) |
| 02/21/2022 | 239 | CERTIFICATE OF SERVICE by W. Clayton Burch, West Virginia State Board of Education for Responses to First Set of Request for Admissions and Third Set of Interrogatories. (Morgan, Kelly) |
| 02/21/2022 | 240 | CERTIFICATE OF SERVICE by State of West Virginia for Responses to First Set of Requests for Admission and Second Set of Interrogatories. (Capehart, Curtis) |
| 02/22/2022 | 241 | CERTIFICATE OF SERVICE by Lainey Armistead for Responses and Objections to First Set of Requests for Admission and Second Set of Interrogatories. (Steele, Brandon) |
| 02/23/2022 | 242 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Shannon Marlowe Rogers appearing on behalf of West Virginia Secondary School Activities Commission. (Rogers, Shannon) |
| 02/23/2022 | 243 | CERTIFICATE OF SERVICE by Lainey Armistead, State of West Virginia for Joint Disclosure of Expert Witnesses. (Steele, Brandon) |
| 02/24/2022 | 244 | CERTIFICATE OF SERVICE by Lainey Armistead for First Supplemental Production. (Steele, Brandon) |
| 02/25/2022 | 245 | STATEMENT OF VISITING ATTORNEY from Valeria M. Pelet del Toro on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-8139589. (Stark, Loree) |
| 03/01/2022 | 246 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Response to State of West Virginia’s First Set of Requests for Production and Lainey Armistead’s First Set of Requests for Production. (Stark, Loree) |
| 03/01/2022 | 247 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Response to State of West Virginia’s First Set of Requests for Production and Lainey Armistead’s First Set of Requests for Production. (Stark, Loree) |
| 03/01/2022 | 248 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Response to State of West Virginia’s First Set of Requests for Production and Lainey Armistead’s First Set of Requests for Production. (Stark, Loree) |
| 03/02/2022 | 249 | NOTICE OF DEPOSITIONS by B. P. J., Heather Jackson of Dr. James M. Cantor on 3/21/2022 at 10:00 a.m., Dr. Gregory A. Brown on 3/25/2022 at 10:00 a.m., Dr. Chad T. Carlson on 3/28/2022 at 10:00 a.m., Dr. Stephen B. Levine on 3/30/2022 at 10:00 a.m. (Stark, Loree) |
| 03/03/2022 | 250 | STATEMENT OF VISITING ATTORNEY from Travis C. Barham on behalf of Lainey Armistead. Local counsel: Joshua D. Brown. Fee $50.00. Receipt # AWVSDC-8143485. (Brown, Joshua) |
| 03/03/2022 | 251 | STATEMENT OF VISITING ATTORNEY from Tyson C. Langhofer on behalf of Lainey Armistead. Local counsel: Joshua D. Brown. Fee $50.00. Receipt # AWVSDC-8143503. (Brown, Joshua) |
| 03/07/2022 | 252 | STIPULATION OF UNCONTESTED FACTS by B. P. J., Heather Jackson, Harrison County Board of Education. (Hartnett, Kathleen) (Modified on 3/8/2022 to add party filer) (kew). |
| 03/09/2022 | 253 | CERTIFICATE OF SERVICE by West Virginia Secondary School Activities Commission for Responses to Second Set of Requests for Admission. (Green, Roberta) |
| 03/09/2022 | 254 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses and Objections to Lainey Armistead’s Third Set of Interrogatories and Second and Third Sets of Requests for Admission. (Stark, Loree) |
| 03/09/2022 | 255 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses and Objections to Harrison County Board of Education and Dora Stutler’s First Set of Interrogatories, Requests for Production, and Requests for Admission. (Stark, Loree) |
| 03/10/2022 | 256 | CERTIFICATE OF SERVICE by West Virginia State Board of Education for Responses to Second Set of Requests for Admission. (Morgan, Kelly) |
| 03/10/2022 | 257 | CERTIFICATE OF SERVICE by W. Clayton Burch for Responses to Second Set of Requests for Admission. (Morgan, Kelly) |
| 03/10/2022 | 258 | CERTIFICATE OF SERVICE by Harrison County Board of Education for Responses and Objections to Second Set of Requests for Admission. (Cropp, Jeffrey) (Modified on 3/11/2022 to remove party filer) (kew). |
| 03/10/2022 | 259 | CERTIFICATE OF SERVICE by Dora Stutler for Responses and Objections to Second Set of Requests for Admission. (Cropp, Jeffrey) (Modified on 3/11/2022 to remove party filer) (kew). |
| 03/10/2022 | 260 | CERTIFICATE OF SERVICE by Lainey Armistead for Responses and Objections to Second Set of Requests for Admission. (Steele, Brandon) |
| 03/11/2022 | 261 | CERTIFICATE OF SERVICE by W. Clayton Burch, West Virginia State Board of Education for Second Supplemental Responses to First Set of Interrogatories. (Morgan, Kelly) |
| 03/11/2022 | 262 | CERTIFICATE OF SERVICE by State of West Virginia for Responses to Second Set of Requests for Admission. (Capehart, Curtis) |
| 03/17/2022 | 263 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses and Objections to Lainey Armistead’s Third Set of Interrogatories and Second and Third Sets of Requests for Admission. (Stark, Loree) |
| 03/17/2022 | 264 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Responses and Objections to Harrison County Board of Education and Dora Stutler’s First Set of Interrogatories, Requests for Production, and Requests for Admission. (Stark, Loree) |
| 03/21/2022 | 265 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Second Supplemental Answers to First Set of Interrogatories. (Cropp, Jeffrey) |
| 03/21/2022 | 266 | CERTIFICATE OF SERVICE by Harrison County Board of Education, Dora Stutler for Third Supplemental Responses to First Set of Requests for Production. (Cropp, Jeffrey) |
| 03/22/2022 | 267 | NOTICE OF DEPOSITION by State of West Virginia of Mary Fry, Ph.D. on March 29, 2022 at 9:00 a.m. (Capehart, Curtis) |
| 03/24/2022 | 268 | CERTIFICATE OF SERVICE by Lainey Armistead for Second Subsequent Production. (Steele, Brandon) |
| 03/25/2022 | 269 | NOTICE OF DEPOSITION by Lainey Armistead of Aron Janssen, MD on April 4, 2022 at 8:00 a.m. (Steele, Brandon) |
| 03/30/2022 | 270 | STIPULATION OF UNCONTESTED FACTS by B. P. J., Heather Jackson, West Virginia State Board of Education, W. Clayton Burch. (Hartnett, Kathleen) (Modified on 3/31/2022 to add party filers) (kew). |
| 03/30/2022 | 271 | ORDER granting Plaintiff’s 81 Motion to Strike Jury Demand. Signed by Judge Joseph R. Goodwin on 3/30/2022. (cc: counsel of record; any unrepresented party) (btm) |
| 04/01/2022 | 272 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Set of Supplemental Responses and Objections to The State of West Virginia’s First Set of Interrogatories and Requests for Production. (Stark, Loree) |
| 04/01/2022 | 273 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Second Supplemental Responses and Objections to Lainey Armistead’s First Set of Interrogatories and Requests for Production. (Stark, Loree) |
| 04/05/2022 | 274 | JOINT MOTION by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, The State of West Virginia, Lainey Armistead to Extend Deadlines for Dispositive Motions and Briefing re: 93 Scheduling Order, to Establish a Schedule for Filing Daubert Motions, and for Leave to File Briefs in Excess of the Page Limitation. (Attachment: # 1 Proposed Order)(Stark, Loree) (Modified on 4/6/2022 to add link to #93 scheduling order and to add party filers) (kew). |
| 04/06/2022 | 275 | ORDER granting 274 Joint Motion to Extend Deadlines for Dispositive Motions and Briefing re: 93 Scheduling Order, to Establish a Schedule for Filing Daubert Motions, and for Leave to File Briefs in Excess of the Page Limitation; the parties are allowed to exceed page limitations as set forth herein; and the deadlines in this case are extended and set as follows: Filing of dispositive motions – 4/21/2022. Responses to dispositive motions; filing of Daubert motions – 5/12/2022. Replies to responses to dispositive motions; responses to Daubert motions – 5/26/2022. Replies to responses to Daubert motions – 6/2/2022. Signed by Judge Joseph R. Goodwin on 4/6/2022. (cc: counsel of record; any unrepresented party) (kew) |
| 04/21/2022 | 276 | MOTION by West Virginia Secondary School Activities Commission for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Green, Roberta) |
| 04/21/2022 | 277 | MEMORANDUM by West Virginia Secondary School Activities Commission in support of 276 MOTION by West Virginia Secondary School Activities Commission for Summary Judgment. (Green, Roberta) |
| 04/21/2022 | 278 | MOTION by Harrison County Board of Education, Dora Stutler for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Deniker, Susan) |
| 04/21/2022 | 279 | INCOMPLETE IMAGE; IMAGE REMOVED. (Modified on 4/21/2022 to remove incomplete image) (kew). |
| 04/21/2022 | NOTICE OF DOCKET CORRECTION re: #279 Memorandum of Law in Support. ERROR: Missing pages. CORRECTION: Image removed. (kew) | |
| 04/21/2022 | 280 | JOINT MOTION by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia to File Exhibits Under Seal. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Stark, Loree) (Modified on 4/22/2022 to add party filers and to remove memorandum in support and file at entry #293) (kew). |
| 04/21/2022 | 281 | MEMORANDUM OF LAW by Harrison County Board of Education, Dora Stutler in support of 278 MOTION by Harrison County Board of Education, Dora Stutler for Summary Judgment (Deniker, Susan) |
| 04/21/2022 | 282 | REFERENCE LIST submitted by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia re: 280 JOINT MOTION by Certain Parties to File Exhibits Under Seal. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Stark, Loree) (Modified on 4/22/2022 to add party filers) (kew). |
| 04/21/2022 | 283 | MOTION by W. Clayton Burch, West Virginia State Board of Education for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Morgan, Kelly) |
| 04/21/2022 | 284 | MOTION by West Virginia Secondary School Activities Commission for Leave to File Surreply to 470 Reply to Response with proposed document attached (Attachment: # 1 Exhibit A)(Green, Roberta) (Modified on 9/20/2022 to add link to #470 reply) (kew). |
| 04/21/2022 | 285 | MOTION by State of West Virginia for Summary Judgment. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Capehart, Curtis) |
| 04/21/2022 | 286 | MOTION by Lainey Armistead for Summary Judgment. (Attachment: # 1 Appendix in Support)(Steele, Brandon) |
| 04/21/2022 | 287 | MEMORANDUM by State of West Virginia in support of 285 MOTION by State of West Virginia for Summary Judgment. (Capehart, Curtis) |
| 04/21/2022 | 288 | MEMORANDUM by Lainey Armistead in support of 286 MOTION by Lainey Armistead for Summary Judgment. (Steele, Brandon) |
| 04/21/2022 | 289 | MOTION by B. P. J., Heather Jackson for Summary Judgment (Attachments: # 1 Declaration of Loree Stark in Support of Motion for Summary Judgement, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44Exhibit 43, # 45 Exhibit 44)(Stark, Loree) |
| 04/21/2022 | 290 | STATEMENT OF UNDISPUTED MATERIAL FACTS by B. P. J., Heather Jackson re: 289 MOTION by B. P. J., Heather Jackson for Summary Judgment. (Stark, Loree) |
| 04/21/2022 | 291 | MEMORANDUM by B. P. J., Heather Jackson in support of 289 MOTION by B. P. J., Heather Jackson for Summary Judgment. (Stark, Loree) |
| 04/21/2022 | 292 | EXHIBITS by B. P. J., Heather Jackson in support of 289 MOTION by B. P. J., Heather Jackson for Summary Judgment. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16, # 5 Exhibit 19, # 6 Exhibit 20, # 7 Exhibit 21, # 8 Exhibit 26)(Stark, Loree) (Modified on 4/22/2022 to add link to #289 motion) (kew). |
| 04/22/2022 | 293 | MEMORANDUM by Lainey Armistead, W. Clayton Burch, Harrison County Board of Education, B. P. J., Heather Jackson, State of West Virginia, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education in support of 280 JOINT MOTION by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia, United States of America to File Exhibits Under Seal. (kew) (Modified on 4/26/2022 to add party filer)(mk). |
| 04/22/2022 | NOTICE OF DOCKET CORRECTION re: 280 Joint Motion to File Under Seal. ERROR: Memorandum in support attached to motion. CORRECTION: Memorandum removed and filed at entry #293. (kew) | |
| 04/25/2022 | 294 | CERTIFICATE OF SERVICE by Lainey Armistead for Third Subsequent Production. (Steele, Brandon) |
| 04/25/2022 | 295 | CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Supplemental Responses and Objections to Harrison County Board of Education and Dora Stutler’s First Set of Interrogatories, First Set of Requests for Production, and First Set of Requests for Admission. (Stark, Loree) |
| 05/05/2022 | 296 | ORDER granting 280 JOINT MOTION to File Exhibits Under Seal; the exhibits attached to this Motion are to be filed UNDER SEAL. It is further ORDERED that the reference list submitted in support of this motion to seal is to remain SEALED. Signed by Judge Joseph R. Goodwin on 5/5/2022. (cc: counsel of record; any unrepresented party) (lca) |
| 05/05/2022 | 297 | EXHIBITS 1 – 9 filed pursuant to the 296 Order. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9) (lca) |
| 05/12/2022 | 298 | RESPONSE by West Virginia Secondary School Activities Commission in opposition to 289 MOTION by B. P. J., Heather Jackson for Summary Judgment (Green, Roberta) |
| 05/12/2022 | 299 | RESPONSE by W. Clayton Burch, West Virginia State Board of Education in opposition to 289 MOTION by B. P. J., Heather Jackson for Summary Judgment (Morgan, Kelly) |
| 05/12/2022 | 300 | SUPPLEMENTAL APPENDIX by Lainey Armistead in support of 286 MOTION by Lainey Armistead for Summary Judgment. (Steele, Brandon) |
| 05/12/2022 | 301 | RESPONSE by Harrison County Board of Education, Dora Stutler in opposition to 289MOTION by B. P. J., Heather Jackson for Summary Judgment (Attachments: # 1 Exhibit 1, # 2Exhibit 2, # 3 Exhibit 3)(Deniker, Susan) |
| 05/12/2022 | 302 | RESPONSE by Lainey Armistead in opposition to 289 MOTION by B. P. J., Heather Jackson for Summary Judgment (Steele, Brandon) |
| 05/12/2022 | 303 | DUPLICATE IMAGE; SEE ENTRY #304. (Modified on 5/16/2022 to remove duplicate entry; see entry #304) (kew). |
| 05/12/2022 | 304 | MOTION by State of West Virginia to (1) Strike Expert Opinion of Professor Mary Fry, (2) Exclude Mary Fry From Providing Expert Testimony and (3) for a Daubert Hearing. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Capehart, Curtis) |
| 05/12/2022 | 305 | BRIEF by State of West Virginia in opposition to 289 MOTION by B. P. J., Heather Jackson for Summary Judgment. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Capehart, Curtis) |
| 05/12/2022 | 306 | MEMORANDUM by State of West Virginia in support of 304 MOTION by State of West Virginia to (1) Strike Expert Opinion of Professor Mary Fry, (2) Exclude Mary Fry From Providing Expert Testimony and (3) for a Daubert Hearing. (Capehart, Curtis) (Modified on 5/16/2022 to correct link) (kew). |
| 05/12/2022 | 307 | MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Deanna Adkins. (Attachments: # 1 Roger G. Brooks Declaration in Support, # 2 Appendix)(Steele, Brandon) |
| 05/12/2022 | 308 | MEMORANDUM by Lainey Armistead, State of West Virginia in support of 307 MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Deanna Adkins. (Steele, Brandon) |
| 05/12/2022 | 309 | MOTION by Lainey Armistead to Exclude Expert Testimony of Mary Fry. (Steele, Brandon) |
| 05/12/2022 | 310 | MEMORANDUM by Lainey Armistead in support of 309 MOTION by Lainey Armistead to Exclude Expert Testimony of Mary Fry. (Steele, Brandon) |
| 05/12/2022 | 311 | MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Aron Janssen. (Steele, Brandon) |
| 05/12/2022 | 312 | MEMORANDUM by Lainey Armistead, State of West Virginia in support of 311 MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Aron Janssen. (Steele, Brandon) |
| 05/12/2022 | 313 | MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Joshua Safer. (Steele, Brandon) |
| 05/12/2022 | 314 | MEMORANDUM by Lainey Armistead, State of West Virginia in support of 313 MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Joshua Safer. (Steele, Brandon) |
| 05/12/2022 | 315 | MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Gregory A. Brown. (Stark, Loree) |
| 05/12/2022 | 316 | MEMORANDUM by B. P. J., Heather Jackson in support of 315 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Gregory A. Brown. (Stark, Loree) |
| 05/12/2022 | 317 | DECLARATION by Joshua Block, on behalf of B. P. J., Heather Jackson in support of 315MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Gregory A. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Stark, Loree) |
| 05/12/2022 | 318 | PROPOSED ORDER Granting Motion to Exclude the Expert Testimony of Dr. Gregory A. Brown by B. P. J., Heather Jackson. (Stark, Loree) |
| 05/12/2022 | 319 | MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of James M. Cantor. (Stark, Loree) |
| 05/12/2022 | 320 | MEMORANDUM OF LAW by B. P. J., Heather Jackson in support of 319 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of James M. Cantor. (Stark, Loree) |
| 05/12/2022 | 321 | DECLARATION by Sruti Swaminathan, on behalf of B. P. J., Heather Jackson in support of 319 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of James M. Cantor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Stark, Loree) |
| 05/12/2022 | 322 | PROPOSED ORDER Granting Plaintiff’s Motion to Exclude the Expert Testimony of James M. Cantor by B. P. J., Heather Jackson. (Stark, Loree) |
| 05/12/2022 | 323 | MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Stephen B. Levine. (Stark, Loree) |
| 05/12/2022 | 324 | MEMORANDUM OF LAW by B. P. J., Heather Jackson in support of 323 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Stephen B. Levine. (Stark, Loree) |
| 05/12/2022 | 325 | DECLARATION by Sruti Swaminathan, on behalf of B. P. J., Heather Jackson in support of 323 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Stephen B. Levine. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Stark, Loree) |
| 05/12/2022 | 326 | PROPOSED ORDER Granting Plaintiff’s Motion to Exclude the Expert Testimony of Stephen B. Levine by B. P. J., Heather Jackson. (Stark, Loree) |
| 05/12/2022 | 327 | MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Chad T. Carlson. (Stark, Loree) |
| 05/12/2022 | 328 | MEMORANDUM OF LAW by B. P. J., Heather Jackson in support of 327 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Chad T. Carlson. (Stark, Loree) |
| 05/12/2022 | 329 | PROPOSED ORDER Granting Plaintiff’s Motion to Exclude the Expert Testimony of Chad T. Carlson by B. P. J., Heather Jackson. (Stark, Loree) |
| 05/12/2022 | 330 | RESPONSE by State of West Virginia to 290 Statement of Undisputed Material Facts. (Capehart, Curtis) |
| 05/12/2022 | 331 | CCONSOLIDATED MEMORANDUM by B. P. J., Heather Jackson in opposition to 276MOTION by West Virginia Secondary School Activities Commission for Summary Judgment, 278 MOTION by Harrison County Board of Education, Dora Stutler for Summary Judgment, 283 MOTION by W. Clayton Burch, West Virginia State Board of Education for Summary Judgment, 285 MOTION by State of West Virginia for Summary Judgment, 286 MOTION by Lainey Armistead for Summary Judgment. (Stark, Loree) |
| 05/12/2022 | 332 | FIRST SUPPLEMENTAL DECLARATION of Loree Stark, dated 05/12/2022, filed on behalf of B. P. J., Heather Jackson re: 331 Consolidated Memorandum in Opposition. (Attachments: # 1 Exhibit 45, # 2 Exhibit 46, # 3 Exhibit 47, # 4 Exhibit 48, # 5 Exhibit 49, # 6 Exhibit 50, # 7Exhibit 51, # 8 Exhibit 52, # 9 Exhibit 53, # 10 Exhibit 54, # 11 Exhibit 55, # 12 Exhibit 56, # 13 Exhibit 57, # 14 Exhibit 58, # 15 Exhibit 59, # 16 Exhibit 60, # 17 Exhibit 61, # 18 Exhibit 62, # 19 Exhibit 63)(Stark, Loree) |
| 05/12/2022 | INCORRECT ENTRY. (Modified on 5/16/2022 to remove referral of motions to Magistrate Judge) (ts). (Entered: 05/16/2022) | |
| 05/16/2022 | NOTICE OF DOCKET CORRECTION re: #303 MOTION by State of West Virginia to (1) Strike Expert Opinion of Professor Mary Fry, (2) Exclude Mary Fry From Providing Expert Testimony and (3) for a Daubert Hearing. ERROR: Motion is a duplicate of the entry at #304. CORRECTION: Duplicate removed; see entry #304. (kew) | |
| 05/20/2022 | 333 | ORDER directing that the motion hearing set for 6/8/2022 is canceled. Signed by Judge Joseph R. Goodwin on 5/20/2022. (cc: counsel of record; any unrepresented party) (lca) |
| 05/26/2022 | 334 | REPLY by W. Clayton Burch, West Virginia State Board of Education to 331 Consolidated Memorandum In Opposition. (Morgan, Kelly) |
| 05/26/2022 | 335 | REPLY by West Virginia Secondary School Activities Commission to 331 Consolidated Memorandum In Opposition. (Green, Roberta) (Modified on 5/27/2022 to remove link to #276 motion) (kew). |
| 05/26/2022 | 336 | REPLY by Harrison County Board of Education, Dora Stutler to 331 Consolidated Memorandum In Opposition. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Deniker, Susan) (Modified on 5/27/2022 to remove links to #278 motion and #281 memorandum) (kew). |
| 05/26/2022 | 337 | REPLY MEMORANDUM by State of West Virginia to 331 Consolidated Memorandum In Opposition. (Capehart, Curtis) (Modified on 5/27/2022 to remove link to #285 motion) (kew). |
| 05/26/2022 | 338 | MEMORANDUM by Lainey Armistead, State of West Virginia in response to 315 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Gregory A. Brown. (Steele, Brandon) |
| 05/26/2022 | 339 | MEMORANDUM by Lainey Armistead, State of West Virginia in response to 319 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of James M. Cantor. (Steele, Brandon) |
| 05/26/2022 | 340 | MEMORANDUM by Lainey Armistead, State of West Virginia in response to 327 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Chad T. Carlson. (Steele, Brandon) |
| 05/26/2022 | 341 | MEMORANDUM by Lainey Armistead, State of West Virginia in response to 323 MOTION by B. P. J., Heather Jackson to Exclude Expert Testimony of Stephen B. Levine. (Steele, Brandon) |
| 05/26/2022 | 342 | OPPOSITION by B. P. J., Heather Jackson to 307 MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Deanna Adkins. (Stark, Loree) (Modified on 5/27/2022 to remove link to #2 motion) (kew). |
| 05/26/2022 | 343 | AFFIDAVIT by Roger G. Brooks, on behalf of Lainey Armistead, State of West Virginia in support of 338 , 339 , 340 and 341 Memoranda in Response. (Attachment: # 1 Daubert Response Appendix)(Steele, Brandon) (Modified on 5/27/2022 to correct links) (kew). |
| 05/26/2022 | 344 | SECOND SUPPLEMENTAL APPENDIX by Lainey Armistead in support of 286 MOTION by Lainey Armistead for Summary Judgment. (Steele, Brandon) |
| 05/26/2022 | 345 | DECLARATION of Tara L. Borelli, dated 05/26/2022, filed on behalf of B. P. J., Heather Jackson re: 342 Opposition. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4Exhibit D, # 5 Exhibit E)(Stark, Loree) |
| 05/26/2022 | 346 | OPPOSITION by B. P. J., Heather Jackson to 309 MOTION by Lainey Armistead to Exclude Expert Testimony of Mary Fry., 304 MOTION by State of West Virginia to (1) Strike Expert Opinion of Professor Mary Fry, (2) Exclude Mary Fry From Providing Expert Testimony and (3) for a Daubert Hearing. (Stark, Loree) |
| 05/26/2022 | 347 | REPLY by Lainey Armistead to 331 Consolidated Memorandum In Opposition. (Steele, Brandon) |
| 05/26/2022 | 348 | OPPOSITION by B. P. J., Heather Jackson to 311 MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Aron Janssen. (Stark, Loree) |
| 05/26/2022 | 349 | DECLARATION of Joshua Block, dated 05/26/2022, filed on behalf of B. P. J., Heather Jackson re: 348 Opposition. (Attachment: # 1 Exhibit A)(Stark, Loree) |
| 05/26/2022 | 350 | OPPOSITION by B. P. J., Heather Jackson to 313 MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Joshua Safer. (Stark, Loree) |
| 05/26/2022 | 351 | OPPOSITION by B. P. J., Heather Jackson to 307 MOTION by Lainey Armistead, State of West Virginia to Exclude Expert Testimony of Dr. Deanna Adkins. (Stark, Loree) |
| 05/26/2022 | 352 | DECLARATION of Tara L. Borelli, dated 05/26/2022, filed on behalf of B. P. J., Heather Jackson re: 351 Opposition. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4Exhibit D, # 5 Exhibit E)(Stark, Loree) |
| 05/26/2022 | 353 | MOTION by B. P. J., Heather Jackson to Reconsider 130 Memorandum Opinion and Order. (Stark, Loree) |
| 05/26/2022 | 354 | MEMORANDUM OF LAW by B. P. J., Heather Jackson in support of 353 MOTION by B. P. J., Heather Jackson to Reconsider 130 Memorandum Opinion and Order. (Stark, Loree) |
| 05/26/2022 | 355 | DECLARATION of Valeria M. Pelet del Toro, dated 05/26/2022, filed on behalf of B. P. J., Heather Jackson re: 353 MOTION by B. P. J., Heather Jackson to Reconsider 130Memorandum Opinion and Order. (Attachment: # 1 Exhibit A)(Stark, Loree) |
| 05/26/2022 | 356 | PROPOSED ORDER Order Granting Motion to Reconsider 130 Memorandum Opinion and Order by B. P. J., Heather Jackson. (Stark, Loree) |
| 05/26/2022 | 357 | CONSOLIDATED REPLY by B. P. J., Heather Jackson to 298 , 299 , 301 , 302 Responses In Opposition and 305 Brief In Opposition (Stark, Loree) |
| 05/26/2022 | 358 | REPLY by B. P. J., Heather Jackson to 330 Response to Statement of Undisputed Material Facts. (Stark, Loree) |
| 05/27/2022 | 359 | SECOND SUPPLEMENTAL DECLARATION of Loree Stark, dated May 26, 2022, filed on behalf of B. P. J., Heather Jackson re: 357 Consolidated Reply. (Attachments: # 1 Exhibit 64, # 2Exhibit 65, # 3 Exhibit 66)(Stark, Loree) |
| 05/31/2022 | 360 | MOTION by Lainey Armistead, State of West Virginia for Extension of Time to Respond to 353 MOTION by B. P. J., Heather Jackson to Reconsider 130 Memorandum Opinion and Order to 6/23/2022. (Steele, Brandon) |
| 06/02/2022 | 361 | REPLY MEMORANDUM by Lainey Armistead, State of West Virginia to 351 Opposition. (Steele, Brandon) |
| 06/02/2022 | 362 | REPLY MEMORANDUM by Lainey Armistead to 346 Opposition. (Steele, Brandon) |
| 06/02/2022 | 363 | REPLY MEMORANDUM by Lainey Armistead, State of West Virginia to 348 Opposition. (Steele, Brandon) |
| 06/02/2022 | 364 | REPLY MEMORANDUM by Lainey Armistead, State of West Virginia to 350 Opposition. (Steele, Brandon) |
| 06/02/2022 | 365 | REPLY MEMORANDUM by State of West Virginia to 346 Opposition. (Capehart, Curtis) |
| 06/02/2022 | 366 | REPLY MEMORANDUM OF LAW by B. P. J., Heather Jackson to 339 Memorandum in Response. (Stark, Loree) |
| 06/02/2022 | 367 | REPLY MEMORANDUM OF LAW by B. P. J., Heather Jackson to 340 Memorandum in Response. (Stark, Loree) |
| 06/02/2022 | 368 | REPLY MEMORANDUM OF LAW by B. P. J., Heather Jackson to 341 Memorandum in Response. (Stark, Loree) |
| 06/02/2022 | 369 | SUPPLEMENTAL DECLARATION of Sruti Swaminathan, dated 06/02/2022, filed on behalf of B. P. J., Heather Jackson in support of 368Reply Memorandum of Law. (Attachment: # 1 Exhibit J)(Stark, Loree) |
| 06/02/2022 | 370 | REPLY MEMORANDUM OF LAW by B. P. J., Heather Jackson to 338Memorandum in Response. (Stark, Loree) |
| 06/02/2022 | 371 | SUPPLEMENTAL DECLARATION of Joshua Block, dated 06/02/2022, filed on behalf of B. P. J., Heather Jackson in support of 370 Reply Memorandum of Law. (Attachment: # 1 Exhibit R)(Stark, Loree) |
| 06/03/2022 | 372 | NOTICE OF ERRATA by B. P. J., Heather Jackson re: 370 Reply Memorandum of Law. (Stark, Loree) |
| 06/03/2022 | 373 | REPLY MEMORANDUM OF LAW by B. P. J., Heather Jackson to 338Memorandum in Response. (Stark, Loree) |
| 06/06/2022 | 374 | JOINT MOTION by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia, Lainey Armistead to Place ECF Nos. [280-8], [285-9], [286-1], [289-20] Under Seal. (Stark, Loree) (Modified on 6/7/2022 to add party filers) (kew). |
| 06/06/2022 | 375 | MEMORANDUM by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia, Lainey Armistead in support of 374JOINT MOTION by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia, Lainey Armistead to Place ECF Nos. [280-8], [285-9], [286-1], [289-20] Under Seal. (Stark, Loree) (Modified on 6/7/2022 to add party filers) (kew). |
| 06/06/2022 | 376 | PROPOSED ORDER Order Granting Joint Motion to Place Documents Under Seal by B. P. J., Heather Jackson. (Stark, Loree) |
| 06/06/2022 | 377 | JOINT MOTION by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia, Lainey Armistead for Leave to File Revised Redacted Exhibits re: ECF Nos. [280-8], [285-9], [286-1], [289-20]. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4Exhibit D)(Stark, Loree) (Modified on 6/7/2022 to add party filers) (kew). |
| 06/06/2022 | 378 | PROPOSED ORDER Order Granting Joint Motion for Leave to File Revised Redacted Exhibits by B. P. J., Heather Jackson. (Stark, Loree) |
| 06/07/2022 | 379 | ORDER granting 377 JOINT MOTION by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia, Lainey Armistead for Leave to File Revised Redacted Exhibits; directing the Clerk to place the following documents UNDER SEAL: ECF No. 280-8, ECF No. 285-9, ECF No. 286-1 and ECF No. 289-20; further directing the parties to file redacted copies of those documents in accordance with Local Rule 49.1.1(a). Signed by Judge Joseph R. Goodwin on 6/7/2022. (cc: counsel of record; any unrepresented party) (mk) |
| 06/09/2022 | 380 | RESPONSE by Lainey Armistead in opposition to 353 MOTION by B. P. J., Heather Jackson to Reconsider 130 Memorandum Opinion and Order (Steele, Brandon) |
| 06/09/2022 | 381 | RESPONSE by State of West Virginia in opposition to 353 MOTION by B. P. J., Heather Jackson to Reconsider 130 Memorandum Opinion and Order (Capehart, Curtis) |
| 06/16/2022 | 382 | CONSOLIDATED REPLY MEMORANDUM OF LAW by B. P. J., Heather Jackson to 380 and 381 Response In Opposition. (Stark, Loree) |
| 06/22/2022 | 383 | MOTION by Harrison County Board of Education, Dora Stutler in Limine to Preclude Introduction of Testimony by Stutler Elicited Outside of the Scope of the Rule 30(b)(6) Topics (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Deniker, Susan) |
| 06/22/2022 | 384 | MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Regional Principals’ Meeting PowerPoint and Recorded Presentation (Green, Roberta) |
| 06/22/2022 | 385 | MEMORANDUM by West Virginia Secondary School Activities Commission in support of 384 MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Regional Principals’ Meeting PowerPoint and Recorded Presentation (Green, Roberta) |
| 06/22/2022 | 386 | MOTION by West Virginia Secondary School Activities Commission in Limine to Preclude Plaintiff From Offering as Evidence the Assertions Contained in Plaintiff’s Statement of Undisputed Facts (Attachment: # 1 Exhibit A)(Green, Roberta) |
| 06/22/2022 | 387 | MEMORANDUM by West Virginia Secondary School Activities Commission in support of 386 MOTION by West Virginia Secondary School Activities Commission in Limine to Preclude Plaintiff From Offering as Evidence the Assertions Contained in Plaintiff’s Statement of Undisputed Facts (Green, Roberta) |
| 06/22/2022 | 388 | MOTION by West Virginia Secondary School Activities Commission in Limine to Preclude Use of Harrison Countys 30(b) Testimony Outside Scope (Green, Roberta) |
| 06/22/2022 | 389 | MEMORANDUM by West Virginia Secondary School Activities Commission in support of 388 MOTION by West Virginia Secondary School Activities Commission in Limine to Preclude Use of Harrison Countys 30(b) Testimony Outside Scope (Green, Roberta) |
| 06/22/2022 | 390 | MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Blatt Exhibit 21 (Green, Roberta) |
| 06/22/2022 | 391 | MEMORANDUM by West Virginia Secondary School Activities Commission in support of 390 MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Blatt Exhibit 21 (Green, Roberta) |
| 06/22/2022 | 392 | MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Text and Email Communications (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Bandy, Kimberly) |
| 06/22/2022 | 393 | MEMORANDUM OF LAW by West Virginia Secondary School Activities Commission in support of 392 MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Text and Email Communications (Bandy, Kimberly) |
| 06/22/2022 | 394 | MOTION by State of West Virginia in Limine to Exclude or Limit Certain Statements of State Superintendent Burch and Related Parties (Hearsay, Relevance, and Limitation Pursuant to Fed. R. Evid. 105) (Capehart, Curtis) |
| 06/22/2022 | 395 | MEMORANDUM by State of West Virginia in support of 394 MOTION by State of West Virginia in Limine to Exclude or Limit Certain Statements of State Superintendent Burch and Related Parties (Hearsay, Relevance, and Limitation Pursuant to Fed. R. Evid. 105) (Capehart, Curtis) |
| 06/22/2022 | 396 | MOTION by State of West Virginia in Limine to Bar Evidence of Disorders of Sexual Development (Relevance) (Capehart, Curtis) |
| 06/22/2022 | 397 | MEMORANDUM by State of West Virginia in support of 396 MOTION by State of West Virginia in Limine to Bar Evidence of Disorders of Sexual Development (Relevance) (Capehart, Curtis) |
| 06/22/2022 | 398 | MOTION by State of West Virginia, Lainey Armistead in Limine to Bar Plaintiff’s Claims to Undisputed Facts (Fed. R. Evid. 105 and 403) (Capehart, Curtis) (Modified on 6/23/2022 to add party filer) (kew). |
| 06/22/2022 | 399 | MEMORANDUM by State of West Virginia, Lainey Armistead in support of 398 MOTION by State of West Virginia, Lainey Armistead in Limine to Bar Plaintiff’s Claims to Undisputed Facts (Fed. R. Evid. 105 and 403) (Capehart, Curtis) (Modified on 6/23/2022 to add party filer) (kew). |
| 06/22/2022 | 400 | MOTION by State of West Virginia in Limine to Exclude the Partial Transcript of H.B. 3293’s Legislative Hearings (Hearsay, Relevance, Incomplete Transcript and Lawyer As Witness) (Capehart, Curtis) |
| 06/22/2022 | 401 | MEMORANDUM by State of West Virginia in support of 400 MOTION by State of West Virginia in Limine to Exclude the Partial Transcript of H.B. 3293’s Legislative Hearings (Hearsay, Relevance, Incomplete Transcript and Lawyer As Witness) (Capehart, Curtis) |
| 06/22/2022 | 402 | MOTION by State of West Virginia in Limine to Exclude Several Legislators’ Statements (Hearsay and Relevance) (Capehart, Curtis) |
| 06/22/2022 | 403 | MEMORANDUM by State of West Virginia in support of 402 MOTION by State of West Virginia in Limine to Exclude Several Legislators’ Statements (Hearsay and Relevance) (Capehart, Curtis) |
| 06/22/2022 | 404 | MOTION by State of West Virginia in Limine to Exclude the Governor’s Statements (Hearsay and Relevance) (Capehart, Curtis) |
| 06/22/2022 | 405 | MEMORANDUM by State of West Virginia in support of 404 MOTION by State of West Virginia in Limine to Exclude the Governor’s Statements (Hearsay and Relevance) (Capehart, Curtis) |
| 06/22/2022 | 406 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Testimony from Bernard Dolan Regarding Certain Hearsay Statements and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 407 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Testimony and/or Evidence Regarding Contact or Collision Sports and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 408 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Defendant State of West Virginia’s Exhibit H and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 409 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding the Potential Number of Gender Identities and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 410 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding Defendant-Intervenor’s Requests for Admission Nos. 13-61 Concerning Hypothetical Individuals and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 411 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding Press Reports and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 412 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding the Proper Medical Treatment for Gender Dysphoria and the Propriety of Plaintiff’s Diagnosis and Treatment and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 413 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding Statements of Non-Party Witnesses in Supplemental Disclosures and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 414 | MOTION by B. P. J., Heather Jackson in Limine to Exclude References to Plaintiff by Her Name Given at Birth (“Deadname”) or Using Male Pronouns (he/him) and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 415 | DECLARATION of Valeria M. Pelet del Toro, dated 6/22/2022, filed on behalf of B. P. J., Heather Jackson re: 414 MOTION by B. P. J., Heather Jackson in Limine to Exclude References to Plaintiff by Her Name Given at Birth (“Deadname”) or Using Male Pronouns (he/him) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stark, Loree) |
| 06/22/2022 | 416 | MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Intended to Question Plaintiff’s Gender Identity and Supporting Memorandum of Law. (Stark, Loree) |
| 06/22/2022 | 417 | DECLARATION of Tara L. Borelli, dated 6/22/2022, filed on behalf of B. P. J., Heather Jackson re: 416 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Intended to Question Plaintiff’s Gender Identity (Attachment: # 1 Exhibit A)(Stark, Loree) |
| 06/22/2022 | 418 | MOTION by B. P. J., Heather Jackson in Limine in Limine to Exclude Evidence and/or Argument Regarding Plaintiff’s Irrelevant Medical Records and Supporting Memorandum of Law. (Stark, Loree) |
| 06/27/2022 | 419 | AMENDED SCHEDULING ORDER pursuant to Rule 16(b) and Local Rule of Civil Procedure 16.1(e), this case shall proceed as follows: Pretrial conference on 1/9/2023 at 10:00 AM. Proposed jury instructions filed – 1/24/2023. Final settlement conference on 1/30/2023 at 09:00 AM. Trial on 1/31/2023 at 08:30 AM. Signed by Judge Joseph R. Goodwin on 6/27/2022. (cc: counsel of record; any unrepresented parties) (klc) |
| 06/29/2022 | 420 | RESPONSE by Harrison County Board of Education, Dora Stutler in opposition to 407 MOTION by B. P. J., Heather Jackson in Limine to Exclude Testimony and/or Evidence Regarding Contact or Collision Sports (Deniker, Susan) |
| 06/29/2022 | 421 | BRIEF by State of West Virginia in opposition to 408 MOTION by B. P. J., Heather Jackson in Limine to Exclude Defendant State of West Virginia’s Exhibit H (Capehart, Curtis) |
| 06/29/2022 | 422 | ARGUMENT by State of West Virginia in opposition to 406 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Testimony from Bernard Dolan Regarding Certain Hearsay Statements (Capehart, Curtis) |
| 06/29/2022 | 423 | ARGUMENT by State of West Virginia in opposition to 411 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding Press Reports (Capehart, Curtis) |
| 06/29/2022 | 424 | MEMORANDUM by State of West Virginia in opposition to 412 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding the Proper Medical Treatment for Gender Dysphoria and the Propriety of Plaintiff’s Diagnosis and Treatment (Capehart, Curtis) |
| 06/29/2022 | 425 | BRIEF by State of West Virginia in opposition to 418 MOTION by B. P. J., Heather Jackson in Limine in Limine to Exclude Evidence and/or Argument Regarding Plaintiff’s Irrelevant Medical Records (Capehart, Curtis) |
| 06/29/2022 | 426 | RESPONSE by Lainey Armistead, State of West Virginia in opposition to 392 MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Text and Email Communications and 384 MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Regional Principals’ Meeting PowerPoint and Recorded Presentation (Steele, Brandon) |
| 06/29/2022 | 427 | RESPONSE by Lainey Armistead in opposition to 406 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Testimony from Bernard Dolan Regarding Certain Hearsay Statements (Steele, Brandon) |
| 06/29/2022 | 428 | RESPONSE by Lainey Armistead, State of West Virginia in opposition to 407 MOTION by B. P. J., Heather Jackson in Limine to Exclude Testimony and/or Evidence Regarding Contact or Collision Sports (Steele, Brandon) |
| 06/29/2022 | 429 | COMBINED RESPONSE by Lainey Armistead, State of West Virginia in opposition to 409 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding the Potential Number of Gender Identities and 410 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding Defendant-Intervenor’s Requests for Admission Nos. 13-61 Concerning Hypothetical Individuals (Steele, Brandon) |
| 06/29/2022 | 430 | RESPONSE by Lainey Armistead in opposition to 411 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding Press Reports (Steele, Brandon) |
| 06/29/2022 | 431 | RESPONSE by Lainey Armistead in opposition to 413 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding Statements of Non-Party Witnesses in Supplemental Disclosures (Steele, Brandon) |
| 06/29/2022 | 432 | RESPONSE by Lainey Armistead, State of West Virginia in opposition to 414 MOTION by B. P. J., Heather Jackson in Limine to Exclude References to Plaintiff by Her Name Given at Birth (“Deadname”) or Using Male Pronouns (he/him) (Steele, Brandon) |
| 06/29/2022 | 433 | COMBINED RESPONSE by Lainey Armistead, State of West Virginia in opposition to 416 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Intended to Question Plaintiff’s Gender Identity and 412 MOTION by B. P. J., Heather Jackson in Limine to Exclude Evidence and/or Argument Regarding the Proper Medical Treatment for Gender Dysphoria and the Propriety of Plaintiff’s Diagnosis and Treatment (Steele, Brandon) |
| 06/29/2022 | 434 | RESPONSE by Lainey Armistead in opposition to 418 MOTION by B. P. J., Heather Jackson in Limine in Limine to Exclude Evidence and/or Argument Regarding Plaintiff’s Irrelevant Medical Records (Steele, Brandon) |
| 06/29/2022 | 435 | OPPOSITION by B. P. J., Heather Jackson to 384 MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Regional Principals’ Meeting PowerPoint and Recorded Presentation (Stark, Loree) |
| 06/29/2022 | 436 | DECLARATION of Sruti Swaminathan, dated 6/29/2022, filed on behalf of B. P. J., Heather Jackson in support of 435 Opposition. (Attachment: # 1 Exhibit A)(Stark, Loree) |
| 06/29/2022 | 437 | OPPOSITION by B. P. J., Heather Jackson to 392 MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Text and Email Communications (Stark, Loree) |
| 06/29/2022 | 438 | DECLARATION of Katelyn Kang, dated 6/29/2022, filed on behalf of B. P. J., Heather Jackson in support of 437 Opposition. (Attachments: # 1Exhibit 1, # 2 Exhibit 2) (Stark, Loree) |
| 06/29/2022 | 439 | OPPOSITION by B. P. J., Heather Jackson to 390 MOTION by West Virginia Secondary School Activities Commission in Limine to Exclude Blatt Exhibit 21 (Stark, Loree) |
| 06/29/2022 | 440 | OPPOSITION by B. P. J., Heather Jackson to 388 MOTION by West Virginia Secondary School Activities Commission in Limine to Preclude Use of Harrison Countys 30(b) Testimony Outside Scope (Stark, Loree) |
| 06/29/2022 | 441 | CONSOLIDATED OPPOSITION by B. P. J., Heather Jackson to 398 MOTION by State of West Virginia, Lainey Armistead in Limine to Bar Plaintiff’s Claims to Undisputed Facts (Fed. R. Evid. 105 and 403) (Stark, Loree) |
| 06/29/2022 | 442 | OPPOSITION by B. P. J., Heather Jackson to 394 MOTION by State of West Virginia in Limine to Exclude or Limit Certain Statements of State Superintendent Burch and Related Parties (Hearsay, Relevance, and Limitation Pursuant to Fed. R. Evid. 105) (Stark, Loree) |
| 06/29/2022 | 443 | OPPOSITION by B. P. J., Heather Jackson to 383 MOTION by Harrison County Board of Education, Dora Stutler in Limine to Preclude Introduction of Testimony by Stutler Elicited Outside of the Scope of the Rule 30(b)(6) Topics (Stark, Loree) |
| 06/29/2022 | 444 | OPPOSITION by B. P. J., Heather Jackson to 396 MOTION by State of West Virginia in Limine to Bar Evidence of Disorders of Sexual Development (Relevance) (Stark, Loree) |
| 06/29/2022 | 445 | OPPOSITION by B. P. J., Heather Jackson to 400 MOTION by State of West Virginia in Limine to Exclude the Partial Transcript of H.B. 3293’s Legislative Hearings (Hearsay, Relevance, Incomplete Transcript and Lawyer As Witness) (Stark, Loree) |
| 06/29/2022 | 446 | OPPOSITION by B. P. J., Heather Jackson to 404 MOTION by State of West Virginia in Limine to Exclude the Governor’s Statements (Hearsay and Relevance) (Stark, Loree) |
| 06/29/2022 | 447 | OPPOSITION by B. P. J., Heather Jackson to 402 MOTION by State of West Virginia in Limine to Exclude Several Legislators’ Statements (Hearsay and Relevance) (Stark, Loree) |
| 07/01/2022 | 448 | SECOND AMENDED SCHEDULING ORDER directing that this case shall proceed as follows: Integrated pretrial order filed by defendant – 12/19/2022. Pretrial conference on 1/9/2023 at 10:00 AM. Proposed jury instructions filed – 1/24/2023. Final settlement conference on 1/30/2023 at 9:00 AM. Trial on 1/31/2023 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 7/1/2022. (cc: counsel of record; any unrepresented parties) (kew) |
| 07/01/2022 | 449 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Anthony E. Nortz requesting removal from the Court service list on behalf of West Virginia Secondary School Activities Commission. (Nortz, Anthony) |
| 07/01/2022 | 450 | JOINT MOTION by State of West Virginia, B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, Lainey Armistead for Extension of Filing Deadline re: 448 Second Amended Scheduling Order. (Capehart, Curtis) (Modified on 7/5/2022 to add link to #448 second amended scheduling order and to add party filers) (kew). |
| 07/05/2022 | 451 | ORDER granting 450 JOINT MOTION by State of West Virginia, B.P.J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, Lainey Armistead for Extension of Filing Deadline re: 448 Second Amended Scheduling Order; replies to motions in limine are due on 7/11/2022. Signed by Judge Joseph R. Goodwin on 7/5/2022. (cc: counsel of record; any unrepresented party) (mfo) |
| 07/11/2022 | 452 | REPLY by Harrison County Board of Education, Dora Stutler to 443 Opposition. (Attachment: # 1 Exhibit A)(Deniker, Susan) |
| 07/11/2022 | 453 | REPLY by West Virginia Secondary School Activities Commission to 441 Consolidated Opposition. (Green, Roberta) (Modified on 7/12/2022 to remove link to #386 motion) (kew). |
| 07/11/2022 | 454 | REPLY by West Virginia Secondary School Activities Commission to 426 Response In Opposition and 435 Opposition. (Green, Roberta) (Modified on 7/12/2022 to remove link to #384 motion) (kew). |
| 07/11/2022 | 455 | REPLY by West Virginia Secondary School Activities Commission to 439 Opposition. (Green, Roberta) (Modified on 7/12/2022 to remove link to #390 motion) (kew). |
| 07/11/2022 | 456 | REPLY by West Virginia Secondary School Activities Commission to 426 Response In Opposition and 437 Opposition. (Green, Roberta) (Modified on 7/12/2022 to remove link to #392 motion) (kew). |
| 07/11/2022 | 457 | REPLY by West Virginia Secondary School Activities Commission to 440 Opposition. (Green, Roberta) (Modified on 7/12/2022 to remove link to #388 motion) (kew). |
| 07/11/2022 | 458 | REPLY by State of West Virginia to 442 Opposition. (Capehart, Curtis) (Modified on 7/12/2022 to remove link to #394 motion and #395 memorandum) (kew). |
| 07/11/2022 | 459 | REPLY by State of West Virginia to 444 Opposition. (Capehart, Curtis) (Modified on 7/12/2022 to remove link to #396 motion and #397 memorandum) (kew). |
| 07/11/2022 | 460 | REPLY by State of West Virginia to 441 Consolidated Opposition. (Capehart, Curtis) (Modified on 7/12/2022 to remove link to #398 motion and #399 memorandum) (kew). |
| 07/11/2022 | 461 | REPLY by State of West Virginia to 445 Opposition. (Capehart, Curtis) (Modified on 7/12/2022 to remove link to #400 motion and #401 memorandum) (kew). |
| 07/11/2022 | 462 | REPLY by State of West Virginia to 447 Opposition. (Capehart, Curtis) (Modified on 7/12/2022 to remove link to #402 motion and #403 memorandum) (kew). |
| 07/11/2022 | 463 | REPLY by State of West Virginia to 446 Opposition. (Capehart, Curtis) (Modified on 7/12/2022 to remove link to #404 motion and #405 memorandum) (kew). |
| 07/11/2022 | 464 | DUPLICATE ENTRY; IMAGE REMOVED. (Modified on 7/15/2022 to remove duplicate image; see ECF #466) (ts). |
| 07/11/2022 | 465 | REPLY by B. P. J., Heather Jackson to 423 Argument In Opposition and 430 Response In Opposition. (Stark, Loree) |
| 07/11/2022 | 466 | REPLY by B. P. J., Heather Jackson to 432 Response In Opposition. (Stark, Loree) |
| 07/11/2022 | 467 | REPLY by B. P. J., Heather Jackson to 431 Response In Opposition. (Stark, Loree) |
| 07/11/2022 | 468 | CONSOLIDATED REPLY by B. P. J., Heather Jackson to 429 Combined Response In Opposition. (Stark, Loree) |
| 07/11/2022 | 469 | REPLY by B. P. J., Heather Jackson to 421 Brief In Opposition. (Stark, Loree) |
| 07/11/2022 | 470 | REPLY by B. P. J., Heather Jackson to 422 Argument In Opposition and 427 Response In Opposition. (Stark, Loree) |
| 07/11/2022 | 471 | REPLY by B. P. J., Heather Jackson to 425 Brief In Opposition and 434 Response In Opposition. (Stark, Loree) |
| 07/11/2022 | 472 | CONSOLIDATED REPLY by B. P. J., Heather Jackson to 420 and 428 Responses In Opposition. (Stark, Loree) |
| 07/11/2022 | 473 | CONSOLIDATED REPLY by B. P. J., Heather Jackson to 424 Memorandum In Opposition and 433 Combined Response In Opposition. (Stark, Loree) |
| 07/12/2022 | 474 | STATEMENT OF VISITING ATTORNEY from Johannes S. Widmalm-Delphonse on behalf of Lainey Armistead. Local counsel: Joshua Brown. Fee $50.00. Receipt # AWVSDC-8227421. (Brown, Joshua) |
| 07/15/2022 | NOTICE OF DOCKET CORRECTION re: #464 Motion. ERROR: Duplicate image filed. CORRECTION: Duplicate image removed; see ECF #466. (ts) | |
| 07/22/2022 | 475 | NOTICE of Supplemental Authority by State of West Virginia re: 285 and 289 Motions for Summary Judgment. (Capehart, Curtis) |
| 07/22/2022 | 476 | NOTICE OF WITHDRAWAL OF COUNSEL by David Christian Tryon on behalf of State of West Virginia. (Tryon, David) (Modified on 7/25/2022 to convert event to notice(other)) (kew). |
| 07/29/2022 | 477 | NOTICE of Supplemental Authority by B. P. J., Heather Jackson re: 276 , 278 , 283 , 285 , 286 , 289 Motions for Summary Judgment and 353 Motion to Reconsider. (Stark, Loree) (Modified on 8/1/2022 to correct links) (kew). |
| 07/29/2022 | 478 | RESPONSE by B. P. J., Heather Jackson in opposition to 475 Notice of of Supplemental Authority. (Stark, Loree) |
| 08/01/2022 | 479 | NOTICE OF WITHDRAWAL OF COUNSEL by Loree Beth Stark for Valeria M. Pelet del Toro on behalf of B. P. J., Heather Jackson. (Stark, Loree) |
| 08/09/2022 | 480 | NOTICE of Additional Authority by Harrison County Board of Education, Dora Stutler in support of 278 MOTION by Harrison County Board of Education, Dora Stutler for Summary Judgment. (Deniker, Susan) |
| 08/10/2022 | 481 | RESPONSE by Lainey Armistead in opposition to 477 Supplemental Authority. (Steele, Brandon) |
| 08/10/2022 | 482 | RESPONSE by B. P. J., Heather Jackson in opposition to 480 Notice of Additional Authority. (Stark, Loree) |
| 09/08/2022 | 483 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Avatara Antoinette Smith-Carrington updating name and/or firm information on behalf of B. P. J., Heather Jackson. (Smith-Carrington, Avatara) |
| 09/19/2022 | 484 | MOTION by West Virginia Secondary School Activities Commission for Leave to File Surreply to 470 Reply to Response with proposed document attached (Attachment: # 1 Exhibit A)(Green, Roberta) (Modified on 9/20/2022 to add link to #470 reply) (kew). |
| 09/19/2022 | 485 | NOTICE of Supplemental Authority by West Virginia Secondary School Activities Commission in support of 331 Consolidated Memorandum In Opposition, 426 Opposition, 439 Opposition. (Green, Roberta) (Modified on 9/20/2022 to correct links) (kew). |
| 09/28/2022 | 486 | CONSOLIDATED OPPOSITION by B. P. J., Heather Jackson in opposition to 484 MOTION by West Virginia Secondary School Activities Commission for Leave to File Surreply to 470 Reply to Response 485 Notice of Supplemental Authority. (Stark, Loree) |
| 10/04/2022 | 487 | REPLY by West Virginia Secondary School Activities Commission to 486 Consolidated Opposition. (Green, Roberta) (Modified on 10/5/2022 to remove link to #484 motion) (kew). |
| 10/19/2022 | 488 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Andrew Barr in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 489 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Avatara Smith-Carrington in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 490 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Carl Charles in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 491 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Elizabeth Reinhardt in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 492 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Joshua Block in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 493 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Julia Veroff in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 494 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Katelyn Kang in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 495 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Kathleen Hartnett in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 496 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Sruti Swaminathan in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 497 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Tara Borelli in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 498 | NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Zoe Helstrom in lieu of Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/19/2022 | 499 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Nicholas Ward substituting within-firm representation for Loree Stark on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 10/21/2022 | 500 | JOINT MOTION by Lainey Armistead, State of West Virginia to Supplement the Expert Report of Dr. Gregory A. Brown. (Attachment: # 1 Exhibit A)(Steele, Brandon) |
| 10/27/2022 | 501 | STATEMENT OF VISITING ATTORNEY from Philip A. Sechler on behalf of Lainey Armistead. Local counsel: Joshua D Brown. Fee $50.00. Receipt # AWVSDC-8297883. (Brown, Joshua) |
| 11/04/2022 | 502 | OPPOSITION by B. P. J., Heather Jackson in opposition to 500 JOINT MOTION by Lainey Armistead, State of West Virginia to Supplement the Expert Report of Dr. Gregory A. Brow. (Ward, Nicholas) |
| 11/08/2022 | 503 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Christiana M. Kiefer updating name and/or firm information on behalf of Lainey Armistead. (Kiefer, Christiana) (Modified on 11/9/2022 to correct signature and replace image) (kew). |
| 11/09/2022 | NOTICE OF DOCKET CORRECTION re: 503 Notice of Change of Attorney Information. ERROR: Electronic signature missing. CORRECTION: Signature added and image replaced. (kew) | |
| 11/11/2022 | 504 | REPLY by Lainey Armistead, State of West Virginia to 502 Response In Opposition. (Steele, Brandon) (Modified on 11/14/2022 to remove link to #500 motion and to add party filer) (kew). |
| 11/18/2022 | 505 | JOINT MOTION by Lainey Armistead, State of West Virginia to Make Rule 26(e) Disclosure as to Dr. Chad Carlson (Attachments: # 1 Exhibit A (Proposed Supplemental Declaration), # 2 Exhibit B)(Steele, Brandon) |
| 11/22/2022 | 506 | JOINT MOTION by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, State of West Virginia, Lainey Armistead for Status Conference. (Ward, Nicholas) (Modified on 11/23/2022 to add party filers) (kew). |
| 12/02/2022 | 507 | OPPOSITION by B. P. J., Heather Jackson to 505 JOINT MOTION by Lainey Armistead, State of West Virginia to Make Rule 26(e) Disclosure as to Dr. Chad Carlson. (Ward, Nicholas) |
| 12/07/2022 | 508 | NOTICE OF APPEARANCE by Aubrey Sparks on behalf of B. P. J., Heather Jackson. (Ward, Nicholas) |
| 12/09/2022 | 509 | REPLY by Lainey Armistead, State of West Virginia to 507 Opposition. (Steele, Brandon) |
| 12/14/2022 | 510 | JOINT MOTION by B. P. J., Heather Jackson, State of West Virginia, Lainey Armistead to Continue Trial Date and Associated Pretrial Dates re: 448 Second Amended Scheduling Order. (Ward, Nicholas) (Modified on 12/15/2022 to add link to #448 amended scheduling order and to add party filers) (kew). |
| 12/15/2022 | 511 | ORDER granting 510 JOINT MOTION by B. P. J., Heather Jackson, State of West Virginia, Lainey Armistead to Continue Trial Date and Associated Pretrial Dates and directing that all dates established in the Second Amended Scheduling Order 448 are suspended. Signed by Judge Joseph R. Goodwin on 12/15/2022. (cc: counsel of record; any unrepresented party) (mfo) |
| 01/05/2023 | 512 | MEMORANDUM OPINION AND ORDER denying B.P.J.’s 289 Motion for Summary Judgment; denying Defendant WVSSAC’s 276 Motion for Summary Judgment; granting the State of West Virginia, the Harrison County defendants, the State Board defendants, and Intervenor Lainey Armistead’s 285 , 278 , 283 and 286 Motions for Summary Judgment to the extent they argue that H.B. 3293 is constitutional and complies with Title IX; the preliminary injunction is dissolved; all other pending motions are denied as moot; the Clerk shall post a copy of this published opinion on the court’s website, www.wvsd.uscourts.gov. Signed by Judge Joseph R. Goodwin on 1/5/2023. (cc: counsel of record; any unrepresented party) (btm) |
| 01/05/2023 | 513 | JUDGMENT ORDER directing that judgment be entered in accordance with the 512 Memorandum Opinion and Order, and that this case be dismissed and stricken from the docket. Signed by Judge Joseph R. Goodwin on 1/5/2023. (cc: counsel of record; any unrepresented party) (btm) |
| 01/05/2023 | 514 | TRANSMITTED CERTIFIED COPY of 513 Judgment Order to counsel of record and any unrepresented party. (btm) |
Last updated 01/18/2023
Reconciled with online docket 01/12/2023