John Doe 1, et al v. North Allegheny School Dist, et al
| JOHN DOE 1, JANE DOE 1, in their own capacity and as parent of Child Doe 1, JANE DOE 2, in her own capacity and as parent of Child Doe 2 and Child Doe 3 and JANE DOE 3, in her own capacity and as parent of Child Doe 4 and on behalf of those similarly situated |
| NORTH ALLEGHENY SCHOOL DISTRICT, a Pennsylvania governmental entity |
| BRENDAN O'DONNELL and BRITTANY O'DONNELL |
| 22-1160 |
| January 26, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Americans w/Disabilities Act-Othr |
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Filing 30
ORDER (AMBRO, GREENAWAY JR. and KRAUSE, Circuit Judges) The Court is in receipt of the parties' supplemental briefing, filed earlier today. While we doubt issues of standing or exhaustion deprive this Court of jurisdiction, we agree with the parties that the absence of a live controversy renders this matter moot unless the exception for questions "capable of repetition yet evading review" is applicable here. For essentially the reasons we explained in County of Butler v. Governor of Pennsylvania, 8 F.4th 226 (3d Cir. 2021), that exception does not apply. The appeals at Nos. 22-1141, 22-1160, and 22-1299 are therefore DISMISSED as moot. In addition, the District Courts' orders and opinions entered January 17, 2022, in W.D. Pa. No. 2-22-cv-00055 and January 21, 2022, in W.D. Pa. No. 2-22-cv-00112 are VACATED, and the matters are REMANDED to the District Court with instruction to dismiss without prejudice the complaints as moot. See United States v. Munsingwear, 340 U.S. 36 (1950); Lightner ex rel. N.L.R.B. v. 1621 Route 22 W. Operating Co., LLC, 729 F.3d 235, 238 (3d Cir. 2013). The temporary injunctive relief granted by the Court on January 23, 2022, and continued on February 4, 2022, is VACATED. All pending motions are DISMISSED as moot. The Clerk is directed to assign any future appeals related to these matters to this panel. Ambro, Authoring Judge. [22-1141, 22-1160, 22-1299] (PDB) [Entered: 03/01/2022 06:33 PM]
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| Filing 29 ECF FILER: LETTER from Attorney Steven P. Engel, Esq. for Appellant North Allegheny School District Letter Memorandum requested by Court regarding issue of Mootness.. Certificate of Service dated 03/01/2022. Service made by 3rd party, ECF. [22-1160, 22-1299]--[Edited 03/01/2022 by CJG to spread text to No. 22-1299 as it applied to that appeal as well.] (SPE) [Entered: 03/01/2022 12:02 PM] |
| Filing 28 ECF FILER: LETTER from Attorney Kenneth R. Behrend, Esq. for Appellees Jane Doe 1, Jane Doe 2, Jane Doe 3 and John Doe 1 in 22-1160, 22-1299. Certificate of Service dated 03/01/2022. Service made by ECF. [22-1160, 22-1299] (KRB) [Entered: 03/01/2022 11:58 AM] |
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Filing 26
ORDER (Clerk) In light of the Centers for Disease Control and Prevention's (CDC) revised masking guidance, issued on February 25, 2022, Allegheny County is in the "low" risk category. Accordingly, the CDC recommends masking "based on your personal preference, informed by your personal level of risk." Centers for Disease Control and Prevention, Use and Care of Masks, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html (last visited Feb. 25, 2022). Given that Plaintiffs seek mandatory masking for as long as the risk level is classified as "substantial" or "high", and Allegheny County is now classified in the "low" category, the parties are directed to advise the Court in letter memoranda not to exceed three (3) pages why the pending appeals are not moot. Such letter memoranda shall be submitted simultaneously on or before noon on March 1, 2022. [22-1141, 22-1160, 22-1299] (KAG) [Entered: 02/25/2022 07:34 PM]
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| Filing 25 ECF FILER: ENTRY OF APPEARANCE from Alexander W. Saksen on behalf of Appellee(s) John Doe 1, Jane Doe 1, Child Doe 1, Jane Doe 2, Child Doe 2, Child doe 3, Jane Doe 3, Child Doe 4. [22-1160, 22-1299] (AWS) [Entered: 02/23/2022 11:20 PM] |
| Filing 24 HARD COPY RECEIVED from Appellant North Allegheny School District in 22-1160, Appellants Elizabeth Blackburn, Leslie Britton Dozier, Marcie Crow, Paige Hardy, Kevin Mahler, Richard McClure, North Allegheny School District, North Allegheny School District Board of Directors, Vidya Szymkowiak, Elizabeth Werner and Shannon Yeakel in 22-1299 - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). [22-1160, 22-1299] (MS) [Entered: 02/23/2022 02:05 PM] |
| Filing 23 HARD COPY RECEIVED from Appellant North Allegheny School District in 22-1160, Appellants Elizabeth Blackburn, Leslie Britton Dozier, Marcie Crow, Paige Hardy, Kevin Mahler, Richard McClure, North Allegheny School District, North Allegheny School District Board of Directors, Vidya Szymkowiak, Elizabeth Werner and Shannon Yeakel in 22-1299 - Brief with Volume I of Appendix attached. Copies: 7. [22-1160, 22-1299] (SJB) [Entered: 02/23/2022 01:42 PM] |
| Filing 22 ECF FILER: ENTRY OF APPEARANCE from Kevin M Miller on behalf of Appellee(s) John Doe 1, Jane Doe 1, Child Doe 1, Jane Doe 2, Child Doe 2, Child Doe 3, Jane Doe 3, Child Doe 4, and those similarly situated. [22-1160] (KMM) [Entered: 02/23/2022 01:26 PM] |
| Filing 21 ECF FILER: ENTRY OF APPEARANCE from Kenneth R. Behrend on behalf of Appellee(s) John Doe 1, Jane Doe 1, Child Doe 1, Jane Doe 2, Child Doe 2, Child Doe 3, Jane Doe 3, Child Doe 4, and those similarly situated. [22-1160, 22-1299]--[Edited 02/23/2022 by CJG] (KRB) [Entered: 02/23/2022 10:53 AM] |
| Filing 20 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Elizabeth Blackburn, Leslie Britton Dozier, Marcie Crow, Paige Hardy, Kevin Mahler, Richard McClure, North Allegheny School District, North Allegheny School District Board of Directors, Vidya Szymkowiak, Elizabeth Werner and Shannon Yeakel in 22-1299, Appellant North Allegheny School District in 22-1160. [22-1299, 22-1160] (SPE) [Entered: 02/22/2022 10:58 AM] |
| Filing 19 COMPLIANCE RECEIVED. Separately filed Amicus Brief received from Amicus Appellants Brendan O'Donnell and Brittany O'Donnell in 22-1160, 22-1299. [22-1160, 22-1299] (MS) [Entered: 02/22/2022 10:29 AM] |
| Filing 18 ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants Elizabeth Blackburn, Leslie Britton Dozier, Marcie Crow, Paige Hardy, Kevin Mahler, Richard McClure, North Allegheny School District, North Allegheny School District Board of Directors, Vidya Szymkowiak, Elizabeth Werner and Shannon Yeakel in 22-1299, Appellant North Allegheny School District in 22-1160. Certificate of service dated 02/18/2022 by US mail. [22-1299, 22-1160] (SPE) [Entered: 02/22/2022 10:21 AM] |
| Filing 17 ECF FILER: Concise Summary of the Case filed by Appellants Elizabeth Blackburn, Leslie Britton Dozier, Marcie Crow, Paige Hardy, Kevin Mahler, Richard McClure, North Allegheny School District, North Allegheny School District Board of Directors, Vidya Szymkowiak, Elizabeth Werner and Shannon Yeakel in 22-1299, Appellant North Allegheny School District in 22-1160. [22-1299, 22-1160] (SPE) [Entered: 02/22/2022 10:16 AM] |
| Filing 16 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Amici-Appellants Brandan O'Donnell and Brittany O'Donnell in 22-1160 & 22-1299 in support of Appellant/Petitioner. Certificate of Service dated 02/22/2022 by ECF. F.R.A.P. 29(a) Permission: NO. [22-1160, 22-1299] - [Entry was edited by the Clerk to reflect filers and to spread entry to 22-1299]--[Edited 02/22/2022 by MS] (JCS) [Entered: 02/22/2022 09:43 AM] |
| Filing 15 TEXT ONLY ORDER (Clerk) granting motion to proceed as amicus on the merits filed by Brendan O'Donnell and Brittany O'Donnell at the direction of the Court. [22-1160, 22-1299] (KAG) [Entered: 02/22/2022 09:30 AM] |
| Filing 14 ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant North Allegheny School District in 22-1160, Appellants Elizabeth Blackburn, Leslie Britton Dozier, Marcie Crow, Paige Hardy, Kevin Mahler, Richard McClure, North Allegheny School District, North Allegheny School District Board of Directors, Vidya Szymkowiak and Elizabeth Werner in 22-1299. Certificate of Service dated 02/18/2022 by ECF, US mail. [22-1160, 22-1299] - [Entry edited by the Clerk to reflect that Vol. I is attached; Vol. II has been removed from this entry as it was filed separately]--[Edited 02/22/2022 by MS] (SPE) [Entered: 02/18/2022 04:33 PM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Steven P. Engel, Esquire on behalf of Appellant(s) North Allegheny School District, et al. [22-1160, 22-1299] (SPE) [Entered: 02/18/2022 04:24 PM] |
| Filing 12 TEXT ONLY ORDER (Clerk) directing Attorney J. Chadwick Schnee, Esq. for Proposed Amici-Appellants Brendan O'Donnell and Brittany O'Donnell in 22-1160, 22-1299 to file Amicus Brief as a separate electronic transaction. Due on or before 02/22/2022. [22-1160, 22-1299] (MS) [Entered: 02/18/2022 03:38 PM] |
| Filing 11 ECF FILER: Motion filed by Brendan O'Donnell and Brittany O'Donnell to proceed as amicus on the merits in support of Appellant/Petitioner. Certificate of Service dated 02/18/2022. [22-1160] - [Entry has been spread to 22-1299 by the Clerk]--[Edited 02/18/2022 by MS] (JCS) [Entered: 02/18/2022 11:08 AM] |
| Filing 10 CLERK ORDER In accordance with the February 4, 2022, order entered at the Court's direction, the two appeals regarding Doe v. North Allegheny School District (Nos. 22-1299 and 22-1160) are consolidated for all purposes. They are further consolidated with the appeal regarding Doe v. Upper Saint Clair School District (No. 22-1141) for the purposes of scheduling and disposition before the same merits panel. Briefing in all three appeals must proceed as directed in the February 4, 2022, order: Appellants' briefs and the joint appendices must be filed on or before February 18, 2022. Appellees' briefs must be filed on or before March 4, 2022. Appellants' reply briefs, if any, must be filed on or before March 11, 2022. [22-1141, 22-1160, 22-1299] (CJG) [Entered: 02/18/2022 08:21 AM] |
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Filing 9
ORDER (Clerk) This order is entered at the direction of the Court. The petition for permission to appeal filed by the North Allegheny School District defendants is GRANTED as to the questions certified for interlocutory appeal by the District Court and DENIED as to Questions "C" and "D" proposed in the petition for permission to appeal. Defendants are directed to pay the appellate filing fee to the district court immediately upon receipt of this order so the Clerk's Office may docket the new appeal. Once the new appeal is opened, it shall be consolidated with the appeal at No. 22-1160 for all purposes. Those two appeals will be further consolidated with the appeal at No. 22-1141 for purposes of scheduling and disposition before the same merits panel. It is further ordered that the consolidated appeals will proceed on the following expedited briefing schedule: - Appellants' briefs and the joint appendices must be filed on or before February 18, 2022. - Appellees' briefs must be filed on or before March 4, 2022. - Appellants' reply briefs, if any, must be filed on or before March 11, 2022. The appeals will be scheduled for oral argument On March 24, 2022 at 10:00. The argument will take place remotely over Zoom. The injunction granted in appeal No. 22-1141 on January 23, 2022 shall remain in effect pending further order of this Court. The motion to quash the appeal filed by Appellees in No. 22-1141 is referred to the merits panel. The motion to exclude consideration of the Amici brief filed in No. 22-1141 is dismissed as moot. [22-1141, 22-1160, 22-8006] (CJG) [Entered: 02/04/2022 02:58 PM]
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| Filing 8 COPY OF ORDER OF DISTRICT COURT dated 02/01/2022 signed by Marilyn J. Horan. (CJG) [Entered: 02/01/2022 03:38 PM] |
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Filing 7
ORDER to Court Reporter Deborah Ann Betzler directing transcripts, ordered on 01/31/2022, to be filed by 03/07/2022. (CJG) [Entered: 02/01/2022 07:54 AM]
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| Filing 6 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant North Allegheny School District advising this court that transcripts are needed. Requested date(s) are: January 14, 2022 and January 17, 2022, to be filed by Deborah Betzler. [22-1160] (SPE) [Entered: 01/31/2022 03:37 PM] |
| Filing 5 Copy of Amended Notice of Appeal filed 01/26/2022 received from Clerk of District Court. (CJG) [Entered: 01/26/2022 04:10 PM] |
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Filing 4
ORDER (Clerk) any future filings should be in compliance with L.A.R. 113.12 and the Judicial Conference Policy on Privacy. (CJG) [Entered: 01/26/2022 04:07 PM]
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Filing 3
ORDER (Clerk) For all parties represented by Christina L. Lane, Esq., or any other attorney from Maiello Brungo & Maiello, the designated filer shall be the North Allegheny School District. (CJG) [Entered: 01/26/2022 04:07 PM]
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| Filing 2 RECORD available on District Court CM/ECF. (CJG) [Entered: 01/26/2022 04:06 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Elizabeth Blackburn, Leslie Britton Dozier, Marcie Crow, Paige Hardy, Kevin Mahler, Richard McClure, North Allegheny School District, North Allegheny School District Board of Directors, Vidya Szymkowiak, Elizabeth Werner and Shannon Yeakel in District Court No. 2-22-cv-00055. (CJG) [Entered: 01/26/2022 04:02 PM] |
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