THE SATANIC TEMPLE v. SAUCON VALLEY SCHOOL DISTRICT
| THE SATANIC TEMPLE and THE SATANIC TEMPLE, INC. |
| SAUCON VALLEY SCHOOL DISTRICT |
| 5:2023cv01244 |
| March 30, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN M GALLAGHER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 4, 2023. A more recent docket listing may be available from PACER.
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Filing 41
Notice of Filing of Official Transcript with Certificate of Service re #40 Transcript - PDF,, 5/4/23 Entered and Copies Emailed.. (bw)
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Filing 40
TRANSCRIPT of MOTION FOR TEMPORARY RESTRAINING ORDER HEARING held on 4/20/23, before Judge JOHN M. GALLAGHER. Court Reporter: ESR / Transcriber: Foothill Transcription Company, Inc.. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/25/2023. Redacted Transcript Deadline set for 6/5/2023. Release of Transcript Restriction set for 8/2/2023. (bw)
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Filing 39
ORDER THAT THE MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION (ECF NO. 19) OF PLAINTIFF, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: 1. PLAINTIFF'S MOTION TO REQUIRE DEFENDANT TO PERMIT THE AFTER SCHOOL SATAN CLUB TO MEET AT THE TIMES AND ON THE DAYS PREVIOUSLY APPROVED BY DEFENDANT IS GRANTED. DEFENDANT IS ORDERED TO PERMIT THE AFTER SCHOOL SATAN CLUB TO MEET ON THE THREE DATES AND AT THE LOCATION PREVIOUSLY STIPULATED TO BY THE PARTIES AT ECF NO. 23. THE MEETINGS SHALL OTHERWISE BE SUBJECT TO THE CONDITIONS UPON WHICH THE PARTIES AGREED WHEN DEFENDANT APPROVED PLAINTIFF'S APPLICATION TO HOLD AFTER SCHOOL SATAN CLUB MEETINGS ON FEBRUARY 16, 2023. 2. PLAINTIFF'S MOTION TO REQUIRE DEFENDANT TO DISTRIBUTE AFTER SCHOOL SATAN CLUB PERMISSION SLIPS FOR STUDENTS TO TAKE HOME IS DENIED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 5/1/23. 5/1/23 ENTERED AND COPIES E-MAILED.(er)
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Filing 38
MEMORANDUM OPINION. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 5/1/23. 5/1/23 ENTERED AND COPIES E-MAILED.(er)
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Filing 37
RESPONSE in Support re #19 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by THE SATANIC TEMPLE, INC.. (SACHSE, WILL)
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Filing 36
RESPONSE in Opposition re #19 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Supplemental Brief filed by SAUCON VALLEY SCHOOL DISTRICT. (Attachments: #1 Certificate of Service)(FITZGERALD, MARK)
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Filing 35
ORDER OF 4/27/23 THAT UPON CONSIDERATION OF THE MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION (ECF NO. 19) OF PLAINTFF, THE SATANIC TEMPLE, INC., THE RESPONSES IN OPPOSITION (ECF NO. 27) OF DEFENDNT, SAUCON VALLEY SCHOOL DISTRICT, AND THE TESTIMONY AND EXHIBITS INTRODUCED AT THE APRIL 20, 2023 ORAL ARGUMENT, IT IS HEREBY ORDERED THAT THE PARTIES SHALL SUBMIT SUPPLEMENTAL BRIEFING TO THE COURT BY NO LATER THAN 12:00PM FRIDAY, APRIL 28, 2023, ADDRESSING THE FOLLOWING ISSUE: WHETHER DEFENDANT'S PURPORTED BASIS FOR RESCINDING APPROVAL FOR PLAINTIFF TO RENT DISTRICT FACILITIES SATISFIES THE "SUBSTANTIAL DISRUPTION" TEST AS ARTICULATED IN TINKER V. DES MOINES INDEP. CMT. SCH. DIST. 393 U.S. 503 (1969) AND ITS PROGENY. IN THEIR BRIEFING, THE PARTIES SHOULD ADDRESS WHETHER THE HOLDING IN DARIANO V. MORGAN HILL UNIFIED SCH. DIST. 767 F.3D. 764 (9TH CIR. 2014) IS APPLICABLE TO THE INSTANT ACTION. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 4/27/23. 4/27/23 ENTERED AND COPIES E-MAILED. (DT)
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Filing 34
Letter dated April 26, 2023 by SAUCON VALLEY SCHOOL DISTRICT. (Attachments: #1 Supplement Policy 707 Revised, #2 Supplement Policy 707 Rules and Regulations Revised, #3 Supplement Policy 913 Revised)(FITZGERALD, MARK)
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Filing 33
Letter dated April 26, 2023 by SAUCON VALLEY SCHOOL DISTRICT. (FITZGERALD, MARK)
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Filing 32
Exhibit List from April 20, 2023 Hearing by SAUCON VALLEY SCHOOL DISTRICT.. (Attachments: #1 Exhibit S-1, Policy 707, #2 Exhibit S-2, Policy 707 Rules and Regulations, #3 Exhibit S-3, Policy 913, #4 Exhibit S-4, Email Chain Between Vlasaty and Everett Beginning in January 2023, #5 Exhibit S-5, Email Chain Between Vlasaty and Everett Beginning in February 2023, #6 Exhibit S-6, TST Facility Use Application and Supporting Documentation, #7 Exhibit S-7, TST Sample Club Flyer Produced by Everett, #8 Exhibit S-8, Post to Hellertown, PA Facebook Page, #9 Exhibit S-9, Flyer on Hellertown, PA Facebook Page, #10 Exhibit S-10, Post to TST Facebook Page, #11 Exhibit S-11, February 20, 2023 Message From Superintendent, #12 Exhibit S-12, February 21, 2023 Message From Superintendent, #13 Exhibit S-13, February 24, 2023 Message From Superintendent, #14 Exhibit S-14, Letter from Vlasaty to TST Rescinding Approval, #15 Exhibit S-15, Saints Logistics Invoice, #16 Exhibit S-16, Emails from Parents and Teachers Attached to District's Response to TST's Motion, #17 Exhibit S-17, Other Emails from Parents and Community Members, #18 Exhibit S-18, Press Release from Office of District Attorney, #19 Exhibit S-19, Good News Club Flyer (Winter or Spring 2022), #20 Exhibit S-20, Good News Club Post on Saucon Valley Community Church Website, #21 Exhibit S-21, Saucon Valley Community Church Webpage Featuring Good News Club, #22 Exhibit S-22, Good News Club Flyer from Saucon Valley Community Church Webpage, #23 Exhibit S-23, Girls on the Run Facebook Posts, #24 Exhibit S-24, Meet Astronaut Terry Hart Facebook Posts, #25 Exhibit S-25, Joetta Sports & Beyond Camp Facebook Posts, #26 Exhibit S-26, Youth Basketball Facebook Posts, #27 Exhibit S-27, Cheerleading Open House Facebook Post, #28 Exhibit S-28, Lehigh Valley Gem, Mineral, & Jewelry Show Facebook Post, #29 Exhibit S-29, Girls On the Run Stipends Paid, #30 Exhibit S-30, Principal Newsletters, #31 Exhibit S-31, Affidavit of Jaime Vlasaty, #32 Exhibit S-32, Affidavit of David Bonenberger, #33 Exhibit S-33, Email from T. Cleary to J. Vlasaty, dated February 19, 2023)(FITZGERALD, MARK)
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Filing 31
Letter dated April 21, 2023 by SAUCON VALLEY SCHOOL DISTRICT. (FITZGERALD, MARK)
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Filing 30
Letter dated April 21, 2023 by SAUCON VALLEY SCHOOL DISTRICT. (MACDONALD, ANDREW)
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Filing 29
Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. Motion Hearing held on 4/20/23. Re: #19 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by THE SATANIC TEMPLE, INC. Court Reporter: ESR. (mas)
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Filing 28
Exhibit List from April 20 Hearing by THE SATANIC TEMPLE, INC... (Attachments: #1 Exhibit Feb 20 - 5:08 to 5:15 emails, #2 Exhibit Feb 20 - 7:57 to 8:51 emails, #3 Exhibit Feb 20 - 8:41 to 10:07 emails, #4 Exhibit Draft Email)(BECKER, NOAH)
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Filing 27
RESPONSE in Opposition re #19 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SAUCON VALLEY SCHOOL DISTRICT. (Attachments: #1 Affidavit of Jaime Vlasaty, #2 Exhibit A: Email Chain Between Everett and Vlasaty, #3 Exhibit B: Saints Logistics Invoice, #4 Exhibit C: Sample of Emails From Parents and Teachers, #5 Exhibit D: Hellertown PA Facebook Post, #6 Exhibit E: TST Facebook Post, #7 Exhibit F: Sample Club Flyer, #8 Affidavit of David Bonenberger, #9 Certificate of Service)(FITZGERALD, MARK)
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Filing 26
ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO EXCEED THE PAGE LIMITS, IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/11/23.4/11/23 ENTERED AND COPIES E-MAILED.(er)
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Filing 25
WAIVER OF SERVICE Returned Executed by THE SATANIC TEMPLE, INC.. SAUCON VALLEY SCHOOL DISTRICT waiver sent on 4/10/2023, answer due 6/9/2023. (TING, RICHARD)
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Filing 24
MOTION for Leave to File Excess Pages filed by SAUCON VALLEY SCHOOL DISTRICT.Certificate of Service. (Attachments: #1 Text of Proposed Order)(FITZGERALD, MARK)
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Filing 23
NOTICE by THE SATANIC TEMPLE, INC. re #22 Order,,, re contingent meeting dates (TING, RICHARD)
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Filing 22
ORDER THAT 1. DEFENDANT, SAUCON VALLEY SCHOOL DISTRICT, SHALL RESPOND TO PLAINTIFF'S, THE SATANIC TEMPLE, INC., MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION (ECF NO. 19) NO LATER THAN 2:00 P.M. ON APRIL 11, 2023. 2. DEFENDANT AND PLAINTIFF SHALL CONFER TO DETERMINE CONTINGENT DATES AND LOCATIONS FOR A TOTAL OF THREE AFTER SCHOOL SATAN CLUB ("ASSC") MEETINGS TO TAKE PLACE BETWEEN APRIL 24, 2023 AND JUNE 2, 2023. THE PARTIES SHALL INFORM THE COURT OF THE AGREED UPON DATES AND LOCATIONS OF THE CONTINGENT MEETINGS IN WRITING NO LATER THAN 2:00 P.M. ON APRIL 6, 2023. 3. THE PARTIES SHALL APPEAR FOR A HEARING ON THE MOTION (ECF NO. 19) AND FORTHCOMING RESPONSE ON APRIL 20, 2023 AT 9:00 A.M. AT 504 WEST HAMILTON STREET, COURTROOM 4B, ALLENTOWN, PENNSYLVANIA. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/3/23. 4/3/23 ENTERED AND COPIES E-MAILED.(er)
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Filing 21
Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER: Telephone Status Conference held on 4/3/23. Court Reporter: None. (er)
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Filing 20
Disclosure by THE SATANIC TEMPLE, INC..(SACHSE, WILL)
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Filing 18
ORDER THAT PLAINTIFF'S MOTION TO EXCEED THE PAGE LIMITS (ECF NO. 12) IS GRANTED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS HEREBY DIRECTED TO SEPARATELY DOCKET PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION (ECF NO. 12-2), ALONG WITH THE SUPPORTING PROPOSED ORDER (ECF NO. 12-3), BRIEF IN SUPPORT (ECF NO. 12-4), AND SUPPORTING EXHIBITS (ECF NOS. 12-5, 12-6, 12-7, 12-8, 12-9, 12-10, 12-11, 12-12), WHICH ARE DEEMED FILED AS OF MARCH 31, 2023. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/3/23.4/3/23 ENTERED AND COPIES E-MAILED.(er)
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Filing 17
ORDER THAT THE SATANIC TEMPLE, INC., HAS NOT FILED THE DISCLOSURE STATEMENT REQUIRED BY FEDERAL RULE OF CIVIL PROCEDURE 7.1 AT THE TIME OF FILING ITS FIRST APPEARANCE, THE SATANIC TEMPLE, INC., IS HEREBY ORDERED TO FILE ITS DISCLOSURE STATEMENT WITHIN 10 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/3/23. 4/3/23 ENTERED AND COPIES E-MAILED.(er)
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Filing 16
ORDER THAT THE APPLICATION OF DANIEL MACH, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/3/23.4/3/23 ENTERED AND COPIES E-MAILED.(er)
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Filing 15
ORDER THAT THE APPLICATION OF HEATHER L. WEAVER, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/3/23.4/3/23 ENTERED AND COPIES E-MAILED.(er)
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Filing 14
ORDER 1. PLAINTIFF, THE SATANIC TEMPLE, INC., SHALL IMMEDIATELY SERVE ON DEFENDANT, SAUCON VALLEY SCHOOL DISTRICT, A COPY OF THIS ORDER AND, IF NOT ALREADY SERVED, ITS MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION (ECF NO. 12-2) ALONG WITH THE ACCOMPANYING BRIEF, PROPOSED ORDER, AND ANY AND ALL EXHIBITS/ATTACHMENTS. 2. NO LATER THAN 2:00 P.M. ON APRIL 4, 2023, DEFENDANT SHALL RESPOND TO PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION (ECF NO. 12-2). 3. TAKE NOTICE, THAT A TELEPHONE STATUS CONFERENCE, IN THE ABOVE CASE HAS BEEN SET. IN THE ABOVE-CAPTIONED MATTER BEFORE JUDGE JOHN M. GALLAGHER, COUNSEL FOR PLAINTIFF SHALL CALL CHAMBERS VIA TELEPHONE ON MONDAY, APRIL 3, 2023 AT 12:00 PM. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/3/23. 4/3/23 ENTERED AND COPIES E-MAILED.(er)
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RESPONSES DUE BY 4/4/2023. (er)
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Set/Reset Hearings: STATUS CONFERENCE SET FOR 4/3/2023 12:00 PM IN Telephone Conference BEFORE HONORABLE JOHN M. GALLAGHER. (er)
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Set/Reset Deadlines as to #19 MOTION for Temporary Restraining Order. RESPONSES DUE BY 4/11/2023. MOTION HEARING SET FOR 4/20/2023 09:00 AM IN Cahn 4B BEFORE HONORABLE JOHN M. GALLAGHER. (er)
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Filing 13
Letter dated April 1, 2023 by SAUCON VALLEY SCHOOL DISTRICT. (FITZGERALD, MARK)
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Filing 12
First MOTION for Leave to File Excess Pages filed by THE SATANIC TEMPLE, INC... (Attachments: #1 Text of Proposed Order, #2 Brief Motion for Temporary Restraining Order and/or PI, #3 Text of Proposed Order, #4 Brief, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H)(SACHSE, WILL)
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Filing 11
NOTICE of Appearance by BETH N. SHORE on behalf of SAUCON VALLEY SCHOOL DISTRICT with Certificate of Service(SHORE, BETH)
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Filing 10
NOTICE of Appearance by WILLIAM CHRISTIAN MOFFITT on behalf of SAUCON VALLEY SCHOOL DISTRICT with Certificate of Service(MOFFITT, WILLIAM)
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Filing 9
NOTICE of Appearance by MARK W. FITZGERALD on behalf of SAUCON VALLEY SCHOOL DISTRICT with Certificate of Service(FITZGERALD, MARK)
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Filing 8
MOTION for Pro Hac Vice Admission of Daniel Mach ( Filing fee $ 40 receipt number APAEDC-16600400.) filed by THE SATANIC TEMPLE, INC..Certificate of Service. (Attachments: #1 Supplement Court and Bar Admissions)(TING, RICHARD)
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Filing 7
MOTION for Pro Hac Vice Admission of Heather L. Weaver ( Filing fee $ 40 receipt number APAEDC-16600386.) filed by THE SATANIC TEMPLE, INC..Certificate of Service. (Attachments: #1 Supplement Court and Bar Admissions)(TING, RICHARD)
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Filing 6
NOTICE of Appearance by NOAH SHAW BECKER on behalf of THE SATANIC TEMPLE, INC. (BECKER, NOAH)
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Filing 5
NOTICE by THE SATANIC TEMPLE, INC. re #1 Complaint (Attorney), Designation Form (SACHSE, WILL)
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Filing 4
Summons Issued as to SAUCON VALLEY SCHOOL DISTRICT. Forwarded To: Counsel on 3/31/23 (er)
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Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. Plaintiff's counsel is directed to file Completed Signed Designation Form in this case using the Notice (Other) docket event located in the Notices category. (afm)
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Filing 3
NOTICE of Appearance by SARA J. ROSE on behalf of THE SATANIC TEMPLE (ROSE, SARA)
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Filing 2
NOTICE of Appearance by RICHARD TSAI TING on behalf of THE SATANIC TEMPLE (TING, RICHARD)
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Filing 1
COMPLAINT against SAUCON VALLEY SCHOOL DISTRICT ( Filing fee $ 402 receipt number CPAEDC-16597680.), filed by THE SATANIC TEMPLE. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Attachment, #3 Declaration, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9)(SACHSE, WILL) (Attachment 1 replaced on 3/31/2023) (afm).
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