John and Jane Parents 1 v. Montgomery County Board of Education
| JOHN AND JANE PARENTS 1 and JOHN PARENT 2 |
| MONTGOMERY COUNTY BOARD OF EDUCATION, SHEBRA L. EVANS, individually and in their official capacity as Member of the Montgomery County Board of Education, BRENDA WOLFF, individually and in their official capacity as Member of the Montgomery County Board of Education, JEANETTE E. DIXON, individually and in their official capacity as Member of the Montgomery County Board of Education, JUDITH DOCCA, individually and in their official capacity as Member of the Montgomery County Board of Education, PATRICIA B. O'NEILL, individually and in their official capacity as Member of the Montgomery County Board of Education, KARLA SILVESTRE, individually and in their official capacity as Member of the Montgomery County Board of Education, REBECCA SMONDROWSKI, individually and in their official capacity as Member of the Montgomery County Board of Education, JACK R. SMITH, individually and in their official capacity as Member of the Montgomery County Board of Education and Montgomery County Superintendent of Schoools, LYNNE HARRIS, SCOTT JOFTUS, Dr. and MONIFA B. MCKNIGHT |
| PACIFIC JUSTICE INSTITUTE, DR. ERICA E. ANDERSON, JEWISH COALITION FOR RELIGIOUS LIBERTY, COALITION FOR JEWISH VALUES, AMERICAN HINDU COALITION, ISLAM AND RELIGIOUS FREEDOM ACTION TEAM, ALLIANCE DEFENDING FREEDOM, AMERICAN CIVIL LIBERTIES UNION, PFLAG, PFLAG REGIONAL CHAPTERS, CHASE BREXTON HEALTH CARE, FCPS PRIDE, FREESTATE JUSTICE, HUMAN RIGHTS CAMPAIGN, TREVOR PROJECT, TIME OUT YOUTH CENTER, WHITMAN-WALKER HEALTH, WHITMAN-WALKER INSTITUTE, PROFESSORS OF PSYCHOLOGY & HUMAN DEVELOPMENT, MASSACHUSETTS, CALIFORNIA, COLORADO, CONNECTICUT, DISTRICT OF COLUMBIA, HAWAII, ILLINOIS, MARYLAND, MINNESOTA, NEW JERSEY, NEW YORK, OREGON, RHODE ISLAND, VERMONT and WASHINGTON |
| 22-2034 |
| October 3, 2022 |
| U.S. Court of Appeals, Fourth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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 John and Jane Parents 1 v. Montgomery County Board of Education
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Docket Report
RSS Track this Docket
This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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Filing 75
Mandate issued. Referencing: [ # 69 ] Judgment Order , [ # 68 ] published authored Opinion. Originating case number: 8:20-cv-03552-PWG. [1001440544] [22-2034] RE [Entered: 09/18/2023 10:25 AM]
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Filing 74
COURT ORDER filed denying Motion to stay mandate [ # 70 ]. Copies to all parties. [1001436042] [22-2034] RE [Entered: 09/08/2023 04:06 PM]
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Filing 73
RESPONSE/ANSWER by Judith Docca, Shebra L. Evans, Lynne Harris, Scott Joftus, Monifa B. McKnight, Montgomery County Board of Education, Karla Silvestre, Rebecca Smondrowski and Brenda Wolff to [ # 72 ], to stay mandate [ # 70 ]. Nature of response: in opposition. [1001434085] [22-2034] Alan Schoenfeld [Entered: 09/06/2023 12:46 PM]
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Filing 72
NOTICE ISSUED to Judith Docca, Shebra L. Evans, Lynne Harris, Scott Joftus, Monifa B. McKnight, Montgomery County Board of Education, Karla Silvestre, Rebecca Smondrowski and Brenda Wolff requesting response to Motion to stay mandate [ # 70 ]. Response due: 09/06/2023. [1001430516]. [22-2034] RE [Entered: 08/30/2023 03:41 PM]
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Filing 71
Mandate temporarily stayed pending ruling on motion to stay the mandate. [1001430446] [22-2034] RE [Entered: 08/30/2023 02:50 PM]
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Filing 70
MOTION by John and Jane Parents 1 and John Parent 2 to stay mandate. Date and method of service: 08/30/2023 ecf. [1001430434] [22-2034] Steven Fitschen [Entered: 08/30/2023 02:33 PM]
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Filing 69
JUDGMENT ORDER filed. Decision: Vacated and remanded. Originating case number: 8:20-cv-03552-PWG. Entered on Docket Date: 08/14/2023. Copies to all parties and the district court/agency.. [1001419689] [22-2034] RE [Entered: 08/14/2023 09:11 AM]
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Filing 68
PUBLISHED AUTHORED OPINION filed. Originating case number: 8:20-cv-03552-PWG. [1001419687] [22-2034] RE [Entered: 08/14/2023 09:09 AM]
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Filing 67
ORAL ARGUMENT heard before the Honorable Paul V. Niemeyer, A. Marvin Quattlebaum, Jr. and Allison J. Rushing. Attorneys arguing case: Frederick W. Claybrook, Jr. for Appellants John and Jane Parents 1 and John Parent 2 and Alan E. Schoenfeld for Appellees Montgomery County Board of Education, Shebra L. Evans, Brenda Wolff, Judith Docca, Karla Silvestre, Rebecca Smondrowski, Lynne Harris, Scott Joftus and Monifa B. McKnight. Courtroom Deputy: Emily Borneisen. [1001328925] [22-2034] EB [Entered: 03/09/2023 10:58 AM]
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Filing 66
Three additional copies of the AMICUS BRIEF received from ACLU. [1001314425] [22-2034] TB [Entered: 02/10/2023 02:49 PM]
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Filing 65
COPY FOLLOW-UP NOTICE issued to ACLU requesting THREE additional copies of AMICUS BRIEF. [1001313421] Must be received in Clerk's Office by 02/13/2023. [22-2034] JLC [Entered: 02/09/2023 10:19 AM]
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Filing 64
ORAL ARGUMENT ACKNOWLEDGMENT by John and Jane Parents 1 and John Parent 2. Counsel arguing: Frederick W. Claybrook, Jr.. Opening argument time: 15 minutes. Rebuttal argument time: 5 minutes. .. [1001312838] [22-2034] Steven Fitschen [Entered: 02/08/2023 12:03 PM]
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Filing 63
Attorney Asaf Orr for Professors of Psychology & Human Development in 22-2034 terminated from case. Reason for termination: Order granting withdrawal. [1001309810] [22-2034] RE [Entered: 02/02/2023 05:01 PM]
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Filing 62
ORDER filed granting Motion to allow Asaf Orr to withdraw as counsel [ # 61 ]. Copies to all parties. [1001309807] [22-2034] RE [Entered: 02/02/2023 04:59 PM]
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Filing 61
MOTION by Stephanie Budge, Mollie McQuillan, Stephen Russell, Kristina Olson, Sabra Katz-Wise, Russell Toomey and Katherine Kuvalanka to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney. Was a copy of the motion served on the defendant? Y. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 02/02/2023 ecf. [1001309787] [22-2034] Asaf Orr [Entered: 02/02/2023 04:45 PM]
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Filing 60
ORAL ARGUMENT ACKNOWLEDGMENT by Montgomery County Board of Education, Shebra L. Evans, Brenda Wolff, Judith Docca, Karla Silvestre, Rebecca Smondrowski, Lynne Harris, Scott Joftus and Monifa B. McKnight. Counsel arguing: Alan E. Schoenfeld. Answering argument time: 20 minutes. .. [1001308673] [22-2034] Alan Schoenfeld [Entered: 02/01/2023 03:03 PM]
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Filing 59
CASE CALENDARED for oral argument. Date: 03/09/2023. Session Starting Time: 9:30 am. Entrance: 1000 Bank Street. Room: Room 222 (Attorney Registration). Check-in Time: 8:45-9:00 am. Forms due within 7 calendar days. [1001308564] [22-2034] JLC [Entered: 02/01/2023 01:54 PM]
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Filing 58
Receipt of paper copy of REPLY BRIEF filed at [ # 53 ] by John Parent 2 and Judith Docca. Number of pages: [29]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 01/25/2023. [1001304765] [22-2034] RE [Entered: 01/25/2023 03:38 PM]
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Filing 53
BRIEF by John and Jane Parents 1 and John Parent 2. Type of Brief: REPLY. [1001300706] [22-2034] Steven Fitschen [Entered: 01/18/2023 02:26 PM]
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Filing 49
CASE TENTATIVELY CALENDARED for oral argument during the March 7-10, 2023 argument session. Counsel shall file 4 paper copies of their briefs and appendices within 7 days. Notify Clerk's Office of any scheduling conflict by: 01/17/2023. [1001296450] [22-2034] JLC [Entered: 01/10/2023 02:25 PM]
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Filing 46
ORDER filed granting filing of amicus curiae brief of Massachachusetts and 14 other states. Disclosure Statement filed (if corporate amicus)? N/A. Appearance Form filed? Y. Copies to all parties. [1001293696] [22-2034] RE [Entered: 01/05/2023 11:14 AM]
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Filing 45
ORDER filed granting filing of amicus curiae brief of Professors of Psychlogy & Human Development. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties.. [1001293614] [22-2034] RE [Entered: 01/05/2023 10:34 AM]
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Filing 44
ORDER filed granting filing of amicus curiae brief of PFLAG etc. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1001293593] [22-2034] RE [Entered: 01/05/2023 10:19 AM]
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Filing 54
Receipt of paper copy of AMICUS BRIEF filed at [ # 41 ] by PFLAG Charlotte, PFLAG Concord-Kannapolis, PFLAG GVL (Greenville, SC), PFLAG Westminster-Carroll County and Chase Brexton Health Care, FCPS Pride, FreeState Justice, Human Rights Campaign, Time Out Youth Center, Trevor Project, Whitman-Walker Health and Whitman-Walker Institute. Number of pages: [22]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 01/17/2023. [1001300886] [22-2034] RP [Entered: 01/18/2023 04:17 PM]
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Filing 51
Receipt of paper copy of AMICUS BRIEF filed at [ # 43 ] by California, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. Number of pages: [41]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 01/12/2023. [1001298141] [22-2034] CP [Entered: 01/12/2023 04:19 PM]
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Filing 48
Receipt of paper copy of AMICUS BRIEF filed at [ # 39 ] by ACLU. Number of pages: [29]. Sufficient: Yes. Number of copies: [1]. Received by clerk date: 01/09/2023. [1001296171] [22-2034] RE [Entered: 01/10/2023 11:11 AM]
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Filing 43
AMICUS CURIAE BRIEF by Massachusetts and 14 other States as Amici Curiae. [1001293405] [22-2034] David Kravitz [Entered: 01/04/2023 10:26 PM]
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Filing 42
AMICUS CURIAE BRIEF by Professors of Psychology & Human Development, Amicus Supporting Defendant-Appellees. [1001293397] [22-2034] Asaf Orr [Entered: 01/04/2023 09:03 PM]
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Filing 41
AMICUS CURIAE BRIEF by PFLAG et al. (see attached list) Supporting Defendants-Appellees and Affirmance. [1001293390] [22-2034] Maureen Alger [Entered: 01/04/2023 05:32 PM]
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Filing 40
ORDER filed granting filing of amicus curiae brief. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1001293355] [22-2034] RE [Entered: 01/04/2023 04:48 PM]
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Filing 39
AMICUS CURIAE BRIEF by American Civil Liberties Union, Amicus Supporting Defendants-Appellees & Affirmance. [1001293334] [22-2034] Jon Davidson [Entered: 01/04/2023 04:29 PM]
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Filing 50
Receipt of paper copy of RESPONSE BRIEF filed at [ # 38 ] by Judith Docca, Shebra L. Evans, Lynne Harris, Scott Joftus, Monifa B. McKnight, Montgomery County Board of Education, Karla Silvestre, Rebecca Smondrowski and Brenda Wolff. Number of pages: [56]. Sufficient: YES. Number of Copies: [4]. Received by clerk date: 01/11/2023. [1001297732] [22-2034] RP [Entered: 01/12/2023 10:28 AM]
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Filing 38
BRIEF by Montgomery County Board of Education, Judith Docca, Shebra L. Evans, Lynne Harris, Scott Joftus, Monifa B. McKnight, Karla Silvestre, Rebecca Smondrowski and Brenda Wolff. Type of Brief: RESPONSE. [1001290103] [22-2034] Alan Schoenfeld [Entered: 12/28/2022 04:31 PM]
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Filing 37
APPEARANCE OF COUNSEL by Simon B. Kress for Montgomery County Board of Education, Shebra L. Evans, Judith Docca, Karla Silvestre, Rebecca Smondrowski, Lynne Harris, Scott Joftus, Monifa B. McKnight and Brenda Wolff. [1001289928] [22-2034] Simon Kress [Entered: 12/28/2022 02:02 PM]
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Filing 36
APPEARANCE OF COUNSEL by Thomas K. Bredar for Montgomery County Board of Education, Shebra L. Evans, Brenda Wolff, Judith Docca, Karla Silvestre, Rebecca Smondrowski, Lynne Harris, Scott Joftus and Monifa B. McKnight. [1001289918] [22-2034] Thomas Bredar [Entered: 12/28/2022 01:49 PM]
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Filing 35
APPEARANCE OF COUNSEL by Bruce M. Berman for Montgomery County Board of Education. [1001289881] [22-2034] Bruce Berman [Entered: 12/28/2022 01:23 PM]
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Filing 34
ORDER filed granting filing of amicus curiae brief. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1001270037] [22-2034] RE [Entered: 11/22/2022 08:34 AM]
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Filing 33
AMICUS CURIAE BRIEF by Alliance Defending Freedom as Amicus Curiae. [1001269851] [22-2034] Christopher Schandevel [Entered: 11/21/2022 05:05 PM]
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Filing 32
ORDER filed granting motion to extend filing time. Number odf days granted; 14. Response brief due 12/28/2022. No paper copies required unless case has been tentatively calendared or copies otherwise ordered.; administratively terminating Motion for other relief [ # 31 ]. Copies to all parties. [1001269578] [22-2034] RE [Entered: 11/21/2022 02:54 PM]
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Filing 31
MOTION by Montgomery County Board of Education, Shebra L. Evans, Brenda Wolff, Judith Docca, Karla Silvestre, Rebecca Smondrowski, Lynne Harris, Scott Joftus and Monifa B. McKnight to to Extend Briefing Schedule.. Date and method of service: 11/21/2022 ecf. [1001269548] [22-2034] Alan Schoenfeld [Entered: 11/21/2022 02:40 PM]
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Filing 30
ORDER filed granting filing of amicus curiae brief. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1001269275] [22-2034] RE [Entered: 11/21/2022 11:15 AM]
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Filing 29
AMICUS CURIAE BRIEF by Kayla A. Toney representing Jewish Coalition for Religious Liberty, American Hindu Coalition, Coalition for Jewish Values, and Islam and Religious Freedom Action Team as Amicus Curiae in support of Plaintiffs-Appellants.. [1001269214] [22-2034] Kayla Toney [Entered: 11/21/2022 10:33 AM]
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Filing 28
ORDER filed granting filing of amicus curiae brief. Disclosure Statement filed (if corporate amicus)? N/A. Appearance Form filed? Y. Copies to all parties. [1001269185] [22-2034] RE [Entered: 11/21/2022 10:14 AM]
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Filing 27
AMICUS CURIAE BRIEF by Erica E. Anderson. [1001269095] [22-2034] Luke Berg [Entered: 11/21/2022 09:32 AM]
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Filing 26
ORDER filed granting filing of amicus curiae brief. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1001267824] [22-2034] RE [Entered: 11/17/2022 01:13 PM]
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Filing 25
Corrected AMICUS CURIAE BRIEF by Kevin Snider Representing Pacific Justice Institute as Amicus Curiae in support of Plaintiffs-Appellants. [1001267793] --[Docket Text Edited 11/17/2022 by RE] [22-2034] Kevin Snider [Entered: 11/17/2022 12:44 PM]
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Filing 24
(ENTRY RESTRICTED) AMICUS CURIAE BRIEF by Kevin Snider representing Pacific Justice Institute as Amicus Curiae in Support of Plaintiffs/Appellants. [1001267494] --[Edited 11/17/2022 by RE-See ECF No. 25 for corrected brief] [22-2034] Kevin Snider [Entered: 11/17/2022 09:57 AM]
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Filing 23
JOINT APPENDIX by John and Jane Parents 1, John Parent 2 and Judith Docca, Shebra L. Evans, Lynne Harris, Scott Joftus, Monifa B. McKnight, Montgomery County Board of Education, Karla Silvestre, Rebecca Smondrowski and Brenda Wolff. Digital media exhibit volume? No. [1001265275] [22-2034] Steven Fitschen [Entered: 11/14/2022 03:16 PM]
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Filing 22
BRIEF by John and Jane Parents 1 and John Parent 2. Type of Brief: OPENING. [1001265273] [22-2034] Steven Fitschen [Entered: 11/14/2022 03:14 PM]
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Filing 21
DISCLOSURE STATEMENT by Monifa B. McKnight. Was any question on Disclosure Form answered yes? No [1001251178] [22-2034] Alan Schoenfeld [Entered: 10/19/2022 04:48 PM]
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Filing 20
DISCLOSURE STATEMENT by Scott Joftus. Was any question on Disclosure Form answered yes? No [1001251173] [22-2034] Alan Schoenfeld [Entered: 10/19/2022 04:46 PM]
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Filing 19
DISCLOSURE STATEMENT by Lynne Harris. Was any question on Disclosure Form answered yes? No [1001251172] [22-2034] Alan Schoenfeld [Entered: 10/19/2022 04:44 PM]
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Filing 17
ORDER filed granting Motion to substitute parties [ # 15 ] Lynne Harris for Jeanette Dixon, Dr. Scott Joftus for Patricia B. O'Neill and Dr. Monifa B. McKnight for Jack R. Smith. Copies to all parties. [1001251110] [22-2034] RE [Entered: 10/19/2022 04:00 PM]
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Filing 15
MOTION by Jeanette E. Dixon, Patricia B. O'Neill and Jack R. Smith to substitute party Name of New Party: Lynne Harris, Scott Joftus, Monifa B. McKnight.. Date and method of service: 10/19/2022 ecf. [1001251058] [22-2034] Alan Schoenfeld [Entered: 10/19/2022 03:24 PM]
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Filing 14
DISCLOSURE STATEMENT by Shebra L. Evans. Was any question on Disclosure Form answered yes? No [1001249349] [22-2034] Alan Schoenfeld [Entered: 10/17/2022 09:06 PM]
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Filing 13
DISCLOSURE STATEMENT by Rebecca Smondrowski. Was any question on Disclosure Form answered yes? No [1001249348] [22-2034] Alan Schoenfeld [Entered: 10/17/2022 09:03 PM]
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Filing 12
DISCLOSURE STATEMENT by Montgomery County Board of Education. Was any question on Disclosure Form answered yes? No [1001249346] [22-2034] Alan Schoenfeld [Entered: 10/17/2022 09:01 PM]
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Filing 11
DISCLOSURE STATEMENT by Karla Silvestre. Was any question on Disclosure Form answered yes? No [1001249344] [22-2034] Alan Schoenfeld [Entered: 10/17/2022 08:59 PM]
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Filing 10
DISCLOSURE STATEMENT by Judith Docca. Was any question on Disclosure Form answered yes? No [1001249343] [22-2034] Alan Schoenfeld [Entered: 10/17/2022 08:57 PM]
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Filing 9
DISCLOSURE STATEMENT by Brenda Wolff. Was any question on Disclosure Form answered yes? No [1001249342] [22-2034] Alan Schoenfeld [Entered: 10/17/2022 08:56 PM]
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Filing 8
APPEARANCE OF COUNSEL by Alan E. Schoenfeld for Montgomery County Board of Education, Shebra L. Evans, Brenda Wolff, Judith Docca, Karla Silvestre, Rebecca Smondrowski, Lynne Harris, Dr. Scott Joftus, and Dr. Monifa B. McKight. [1001249338]--[Docket Text Edited 10/20/2022 by RE-to add substituted party names] [22-2034] Alan Schoenfeld [Entered: 10/17/2022 08:47 PM]
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Filing 7
APPEARANCE OF COUNSEL by Frederick W. Claybrook, Jr. for John Parent 2 and John and Jane Parents 1. [1001249047] [22-2034] Frederick Claybrook [Entered: 10/17/2022 02:27 PM]
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Filing 6
DOCKETING STATEMENT by John and Jane Parents 1 and John Parent 2.. [1001249021] [22-2034] Frederick Claybrook [Entered: 10/17/2022 02:17 PM]
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Filing 5
DISCLOSURE STATEMENT by John and Jane Parents 1 and John Parent 2. Was any question on Disclosure Form answered yes? No [1001249013] [22-2034] Frederick Claybrook [Entered: 10/17/2022 02:15 PM]
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Filing 4
APPEARANCE OF COUNSEL by Steven W. Fitschen for John and Jane Parents 1 and John Parent 2. [1001248613] [22-2034] Steven Fitschen [Entered: 10/17/2022 10:12 AM]
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Filing 3
BRIEFING ORDER filed. Mailed to: Frederick William Claybrook Jr., James A. Davids and Simon B. Kress. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. For briefing orders issued on or after 7/15/2022, filings must comply with # Appendix Pagination & Brief Citation Guide . [1001240514] Opening Brief and Appendix due 11/14/2022. Response Brief due 12/14/2022 [22-2034] RE [Entered: 10/03/2022 11:44 AM]
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Filing 2
DOCKETING NOTICE issued Re: [ # 1 ] case. Originating case number: 8:20-cv-03552-PWG. Mailed to: Frederick William Claybrook Jr., James A. Davids and Simon B. Kress. [1001240508] [22-2034] RE [Entered: 10/03/2022 11:41 AM]
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Filing 1
Case docketed. Originating case number: 8:20-cv-03552-PWG. Case manager: REdwards. [1001240469] [22-2034] RE [Entered: 10/03/2022 11:26 AM]
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