E.D. et al v. NOBLESVILLE SCHOOL DISTRICT et al
| E. D., LISA DUELL, MICHAEL DUELL and NOBLESVILLE STUDENTS FOR LIFE |
| NOBLESVILLE SCHOOL DISTRICT, NOBLESVILLE HIGH SCHOOL, BETH NIEDERMEYER, CRAIG MCCAFFREY, JANAE MOBLEY, DANIEL SWAFFORD, JEREMY LUNA, ALEXANDRA SNIDER PASKO, ALISON ROOTES, ALLISON SCHWINGENDORF-HALEY, BYRON SIMPSON, ELIZABETH KIZER, EMILY PATTERSON-JACKSON, GRACE TUESCA and STEPHANIE EADS |
| 1:2021cv03075 |
| December 21, 2021 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Matthew P Brookman |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 57 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE . (Collins, Natalie) |
Filing 56
ORDER - Plaintiffs' Amended Motion to Withdraw their Motion for Preliminary Injunction Docket No. #55 and Motion to Seal Docket No. #53 are GRANTED. Plaintiffs' Motion to Withdraw their Motion for Preliminary Injunction Docket No. #52 is DENIED as moot. Signed by Magistrate Judge Matthew P. Brookman on 1/27/2022. (AAS)
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| Filing 55 Amended MOTION re #52 to Withdraw #6 MOTION for Preliminary Injunction , filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) Modified on 1/27/2022 (CKM). Modified on 1/27/2022 (CKM). |
| Filing 54 Submission of Proposed Order , re #53 MOTION to Seal Document #52 MOTION to Withdraw #6 MOTION for Preliminary Injunction , filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) |
| Filing 53 MOTION to Seal Document #52 MOTION to Withdraw #6 MOTION for Preliminary Injunction , filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) |
| Filing 52 MOTION to Withdraw #6 MOTION for Preliminary Injunction , filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) |
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Filing 51
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman. This matter came before the Honorable Matthew P. Brookman, United States Magistrate Judge, in Indianapolis, Indiana, at 1:00 p.m. (EST), on January 24, 2022, for a conference under Rule 16, Federal Rules of Civil Procedure. The parties were present and represented by counsel. Plaintiffs are GRANTED leave to file a motion to withdraw the Motion for Preliminary Injunction at Docket No. 6. The remaining briefing schedule for the Motion for Preliminary Injunction established in Docket No. 39 is hereby VACATED. As previously Ordered, Defendant shall Respond to Plaintiffs' Amended Complaint on or before March 1, 2022. TELEPHONIC INITIAL PRE-TRIAL CONFERENCE is set for FEBRUARY 22,2022 at 11:30 a.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. The parties are ORDERED to file a joint proposed Case Management Plan on or before February 15, 2022 Signed by Magistrate Judge Matthew P. Brookman. (JRB)
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| Scheduling: Initial Pretrial Conference set for 2/22/2022 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. (JRB) |
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Filing 50
ORDER granting #45 UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWEROR OTHERWISE RESPOND TO PLAINTIFFS' AMENDED COMPLAINT - IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Noblesville School Defendants' Answer or other responsive pleading to Plaintiffs' Amended Complaint is now due on or before March 1, 2022. Signed by Magistrate Judge Matthew P. Brookman on 1/21/2022. (AAS)
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Filing 49
ORDER granting #46 MOTION TO EXCUSE SOME INDIVIDUAL SCHOOL DEFENDANTS FROMPERSONAL ATTENDANCE AT SETTLEMENT CONFERENCE - Defendants' Motion is GRANTED, conditioned on Defendants, Mobley, Swafford, Luna, Pasko, Rootes, Schwingendorf-Haley, Kizer, Patterson-Jackson, Tuesca, and Eads having present at the settlement conference representatives from Noblesville School District and an insurance claim representative with the complete, independent, and discretionary authority to make monetary and non-monetary settlement offers in this case. Signed by Magistrate Judge Matthew P. Brookman on 1/21/2022. (AAS)
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| Filing 48 REPLY in Support of Motion re #46 MOTION to Excuse Some Individual School Defendants from Personal Attendance at the In-Person Settlement Conference , filed by Defendants STEPHANIE EADS, ELIZABETH KIZER, JEREMY LUNA, CRAIG MCCAFFREY, JANAE MOBLEY, BETH NIEDERMEYER, NOBLESVILLE HIGH SCHOOL, NOBLESVILLE SCHOOL DISTRICT, EMILY PATTERSON-JACKSON, ALISON ROOTES, ALLISON SCHWINGENDORF-HALEY, BYRON SIMPSON, ALEXANDRA SNIDER PASKO, DANIEL SWAFFORD, GRACE TUESCA. (Roberts, Liberty) |
| Filing 47 OBJECTION re #46 Motion to Excuse, filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) Modified on 1/20/2022 (CKM). |
| Filing 46 MOTION to Excuse Some Individual School Defendants from Personal Attendance at the In-Person Settlement Conference, filed by Defendants STEPHANIE EADS, ELIZABETH KIZER, JEREMY LUNA, JANAE MOBLEY, EMILY PATTERSON-JACKSON, ALISON ROOTES, ALLISON SCHWINGENDORF-HALEY, ALEXANDRA SNIDER PASKO, DANIEL SWAFFORD, GRACE TUESCA. (Attachments: #1 Text of Proposed Order)(Roberts, Liberty) |
| Filing 45 Unopposed MOTION for Extension of Time to March 1, 2022 in which to #43 Amended Complaint Answer or Otherwise Respond, filed by Defendants STEPHANIE EADS, ELIZABETH KIZER, JEREMY LUNA, CRAIG MCCAFFREY, JANAE MOBLEY, BETH NIEDERMEYER, NOBLESVILLE HIGH SCHOOL, NOBLESVILLE SCHOOL DISTRICT, EMILY PATTERSON-JACKSON, ALISON ROOTES, ALLISON SCHWINGENDORF-HALEY, ALEXANDRA SNIDER PASKO, DANIEL SWAFFORD, GRACE TUESCA. (Attachments: #1 Text of Proposed Order)(Roberts, Liberty) |
| Filing 44 REQUEST for Production of Documents, filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE.(Buckner, Laura) |
| Filing 43 AMENDED COMPLAINT against All Plaintiffs, filed by All Plaintiffs. (Attachments: #1 Exhibit Index, #2 Exhibit Club Form, #3 Exhibit Email Call Out, #4 Exhibit Redacted Sign Up Sheet, #5 Exhibit Proposed Flyer, #6 Exhibit Mobley Email Redacted, #7 Exhibit Revocation Email, #8 Exhibit Raised Fists Mural at Noblesville High School, #9 Exhibit Key Club Poster, #10 Exhibit Leo Club Poster, #11 Exhibit Mock Trail Poster, #12 Exhibit Color Guard Poster, #13 Exhibit Fellowship of Christian Athletes Poster, #14 Exhibit Affidavit of Mary Carmen, #15 Exhibit Noblesville High School Handbook, #16 Exhibit Noblesville School District Anti-Harassment Policy, #17 Exhibit Noblesville School District Social Media Policy, #18 Exhibit Noblesville School District Staff Ethics Policy)(Kester, Zachary) |
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Filing 42
ORDER granting #40 Motion for the Insurance Claim Representative to be Excused from In-Person Attendance at Settlement Conference - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/10/2022. (JRB)
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Filing 41
ENTRY ON MOTION FOR CHANGE OF JUDGE - This matter is before the Court on a Motion for Change of Judge filed pursuant to 28 U.S.C. 144, 455 by Plaintiff E.D. ("Plaintiff") (Filing No. #35 ). Plaintiff asserts that Judge Sarah Evans Barker ("the presiding judge") holds personal bias and prejudice, and her impartiality may be fairly questioned, which will prohibit Plaintiff from receiving a fair and impartial trial in this matter. Based on this assertion, Plaintiff requests a change of judge so that a different judge will preside over this matter. Pursuant to 28 U.S.C. 137, the presiding judge requested that the Chief Judge either review the Motion and rule upon it or reassign the Motion to another judicial officer (Filing No. #37 ). The Chief Judge reassigns the Motion to herself and now rules upon it. The Court concludes that there is no basis for a change of judge in this matter, and, therefore, Plaintiff's Motion for Change of Judge (Filing No. #35 ) is DENIED. (See Order). Signed by Judge Tanya Walton Pratt on 1/7/2022. (AKH)
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| Filing 40 Unopposed MOTION for the Insurance Claim Representative to be Excused from In-Person Attendance at Settlement Conference, filed by Defendants STEPHANIE EADS, ELIZABETH KIZER, JEREMY LUNA, CRAIG MCCAFFREY, JANAE MOBLEY, BETH NIEDERMEYER, NOBLESVILLE HIGH SCHOOL, NOBLESVILLE SCHOOL DISTRICT, EMILY PATTERSON-JACKSON, ALISON ROOTES, ALLISON SCHWINGENDORF-HALEY, ALEXANDRA SNIDER PASKO, DANIEL SWAFFORD, GRACE TUESCA. (Attachments: #1 Text of Proposed Order)(Roberts, Liberty) |
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Filing 39
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/4/2022. The briefing schedule for Plaintiff's Motion for Preliminary Injunction (Docket No. #6 ) shall be as follows: Defendants' Response shall be filed by February 7, 2022. Plaintiff's Reply shall be filed by February 14, 2022. All discovery relating to the Motion for Preliminary Injunction shall be completed by January 25, 2022. Parties request a half-day hearing thereafter. A SETTLEMENT CONFERENCE is set for JANAUARY 24, 2022, at 1:00 p.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge in Room 316 of the Birch Bayh Federal Building & U.S. Court House in Indianapolis, Indiana. Plaintiff's Motion to Proceed Under Pseudonym (Docket No. #5 ) will be granted by a separate order. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 38
ORDER granting #5 Motion to Proceed Under Pseudonym - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/4/2022. (JRB)
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Filing 37
ORDER - ON MOTION FOR CHANGE OF JUDGE ; On December 30, 2021, Plaintiff E.D., by counsel, filed a motion for change of judge, pursuant to 28 U.S.C. 144, or in the alternative seeking recusal in this cause, pursuant to 28 U.S.C 455(a) Dkt. #35 . Pending Motion #35 has been referred to Chief Judge Tanya Walton Pratt. Signed by Judge Sarah Evans Barker on 1/4/2022. *** SEE ORDER *** (CKM)
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| Filing 36 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Stephanie Eads on January 3, 2022, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 35 MOTION for Change of Judge, filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE (Attachments: #1 Exhibit Motion to Change Judge Affidavit, #2 Exhibit Court order) (Kester, Zachary) Modified on 1/3/2022 (LDH). |
| Filing 33 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Grace Tuesca on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 32 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Daniel Swafford on 12/28/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 31 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Byron Simpson on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 30 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Alison Rootes on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 29 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Emily Patterson-Jackson on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 28 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Alexandra Snider-Pasko on 12/28/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 27 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Noblesville School District on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 26 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Beth Niedermeyer on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 25 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Noblesville High School on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 24 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Janae Mobley on 12/28/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 23 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Craig McCaffrey on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 22 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Jeremy Luna on 12/23/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 21 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Elizabeth Kizer on 12/28/21, filed by All Plaintiffs. (Collins, Natalie) |
| Filing 20 AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction, and Motion for a Pseudonym Litigant served on Allison Schwingendorf-Haley on 12/28/21, filed by All Plaintiffs. (Collins, Natalie) |
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Filing 19
SCHEDULING ORDER - The above case is hereby assigned for a TELEPHONIC STATUS CONFERENCE on JANUARY 4, 2022 at 11:00 a.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 12/30/2021.(AAS)
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| Filing 18 NOTICE of Appearance by Zachary S. Kester on behalf of Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Kester, Zachary) |
| Filing 17 NOTICE of Appearance by Laura Kathleen Buckner on behalf of Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Buckner, Laura) |
| Filing 16 NOTICE of Appearance by Liberty L. Roberts on behalf of Defendants STEPHANIE EADS, ELIZABETH KIZER, JEREMY LUNA, CRAIG MCCAFFREY, JANAE MOBLEY, BETH NIEDERMEYER, NOBLESVILLE HIGH SCHOOL, NOBLESVILLE SCHOOL DISTRICT, EMILY PATTERSON-JACKSON, ALISON ROOTES, ALLISON SCHWINGENDORF-HALEY, ALEXANDRA SNIDER PASKO, DANIEL SWAFFORD, GRACE TUESCA. (Roberts, Liberty) |
| Filing 15 Submission of Signature Requirement re #7 Submission of Signature Requirement, #3 Notice of Appearance by All Plaintiffs. (Buckner, Laura) |
| Filing 14 Submission of Signature Requirement re #4 Notice of Appearance, #9 Submission of Signature Requirement by All Plaintiffs. (Kester, Zachary) |
| Filing 13 Summons Issued as to ELIZABETH KIZER. (DJH) |
| Filing 12 Proposed Summons submitted for issuance by the clerk as to All Plaintiffs. (Collins, Natalie) |
| Filing 11 Summons Issued as to STEPHANIE EADS, JEREMY LUNA, CRAIG MCCAFFREY, JANAE MOBLEY, BETH NIEDERMEYER, NOBLESVILLE HIGH SCHOOL, NOBLESVILLE SCHOOL DISTRICT, EMILY PATTERSON-JACKSON, ALISON ROOTES, ALLISON SCHWINGENDORF-HALEY, BYRON SIMPSON, ALEXANDRA SNIDER PASKO, DANIEL SWAFFORD, and GRACE TUESCA. (DJH) Modified on 12/22/2021 to update defendants named on summons (DJH). |
| Filing 10 Proposed Summons submitted for issuance by the clerk as to All Plaintiffs. (Collins, Natalie) |
| Filing 9 Submission of Signature Requirement re #4 Notice of Appearance by All Plaintiffs. (Collins, Natalie) |
| Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 7 Submission of Signature Requirement re #3 Notice of Appearance by All Plaintiffs. (Collins, Natalie) |
| (TEXT ONLY ENTRY) CLERK'S NOTICE - The plaintiff has tendered a summons that is not in compliance with the Court's standard form SummonsThe Clerk cannot issue a summons that is not properly completed. See Fed. R. Civ. P. 4. Plaintiff is directed to resubmit properly completed summons for issuance. (BRR) |
| Filing 6 MOTION for Preliminary Injunction , filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Attachments: #1 Supplement, #2 Text of Proposed Order)(Collins, Natalie) |
| Filing 5 MOTION to Proceed Under Pseudonym, filed by Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) Modified on to correct event 12/22/2021 (BRR). |
| Filing 4 NOTICE of Appearance by Natalie Elizabeth Collins on behalf of Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) |
| Filing 3 NOTICE of Appearance by Natalie Elizabeth Collins on behalf of Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) |
| Filing 2 NOTICE of Appearance by Natalie Elizabeth Collins on behalf of Plaintiffs E. D., LISA DUELL, MICHAEL DUELL, NOBLESVILLE STUDENTS FOR LIFE. (Collins, Natalie) |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-6896258) (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit A - Club Form, #3 Exhibit B - Email Call-out, #4 Exhibit C - Sign-up Sheet, #5 Exhibit D - Proposed Flyer, #6 Exhibit E - Mobley email redacted, #7 Exhibit F - Revocation Email, #8 Exhibit G - Fists, #9 Exhibit H - Key Club Poster, #10 Exhibit I - Leo Club Poster, #11 Exhibit J - Mock Trial Club Poster, #12 Exhibit K - Color Guard Poster, #13 Exhibit L - Fellowship of Christian Athletes Poster, #14 Exhibit M - Mary Carmen Affidavit, #15 Exhibit N - Noblesville High School Handbook, #16 Exhibit O - Anti-harassment policy, #17 Exhibit P - Social media policy, #18 Exhibit Q - Staff ethics policy, #19 Civil Cover Sheet, #20 Proposed Summons)(Collins, Natalie) Modified on 12/22/2021 (duplicate docket text removed)(DJH). |
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