Baker et al v. Blue Valley School District USD 229 et al
| R.C., M.C., T.M. Snider, Terri E. Baker, Laura Klingensmith, C.W.C., K.K., Holly Rook, L.P., CarrieAnn Baumgarten, D.C., Joshua Snider, G.C., Rebecca Campbell, C.C., J.C., Matthew Couch, C.A.C.,, Julie Myrick, E.B., J.B., R.F. and Silo Baker |
| LeEtta Felter, Brian Daley, Shannon Wickliffe, Patrick Hurley, Brent McCune, Tom Mitchell, Jodie Dietz, Tenth Judicial District, Sanmi Areola, Johnson County Department of Health and Environment, Brad Boyd, Mike Seitz, Laura Brewer, Blue Valley Board of Education, Stacy Obringer-Varhall, Kristin Schultz, Olathe Public Schools USD 233, Michele Benjamin, Joe Beveridge, Blue Valley School District USD 229, Olathe Board of Education, Brian Geary, The Board of Commissioners of Johnson County, Kansas, Amy Tysseling and Board of Commissioners of Johnson County, Kansas |
| 2:2021cv02210 |
| May 6, 2021 |
| US District Court for the District of Kansas |
| Toby Crouse |
| Teresa J James |
| Holly L Teeter |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on July 15, 2021. A more recent docket listing may be available from PACER.
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Filing 28
AMENDED COMPLAINT against All Defendants, filed by D.C., R.C., Matthew Couch, Joshua Snider, Terri E. Baker, T.M. Snider, L.P., E.B., J.C., C.A.C.,, M.C., J.B., Silo Baker, C.C., K.K., C.W.C., Holly Rook, G.C., CarrieAnn Baumgarten, Laura Klingensmith, Julie Myrick, R.F., Rebecca Campbell.(Baker, Linus)
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Filing 27
MEMORANDUM AND ORDER denying #5 Motion to Remand. The Court Further Orders that Burford abstention is not warranted at this time. Plaintiffs shall file an amended complaint by July 7, 2021, that complies with the directives in this order. Plaintiffs must serve the amended complaint on all Defendants named in the amended complaint. Defendants shall file a responsive pleading or motion to dismiss by July 21, 2021. The Court Further Orders; denying as moot 10 Motion to Dismiss, #21 Motion for Extension of Time to Answer and #22 Motion to Dismiss Party. The Court Further Orders that the stay previously imposed (Doc. 24) is LIFTED. Signed by District Judge Holly L. Teeter on 6/23/2021. (hw)
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Filing 26
RESPONSE by Plaintiffs D.C., R.C., Matthew Couch, Joshua Snider, Terri E. Baker, T.M. Snider, L.P., E.B., J.C., C.A.C., M.C., J.B., Silo Baker, C.C., K.K., C.W.C., C.C., Holly Rook, G.C., CarrieAnn Baumgarten, Laura Klingensmith, Julie Myrick, R.F., Rebecca Campbell re #12 Order. (Baker, Linus)
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Filing 25
RESPONSE by Defendants Patrick Hurley, Jodie Dietz, Tom Mitchell, Mike Seitz, Blue Valley Board of Education, Brian Daley, Amy Tysseling, Blue Valley School District USD 229, Stacy Obringer-Varhall, Michele Benjamin re #12 Order. (Attachments: #1 Exhibit Exhibit A - Notice of Expiration of Policy)(Hatley, W.) Modified title on 6/1/2021 (ca).
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Filing 24
ORDER regarding #21 motion for extension of time. After this case was removed, Plaintiff filed a motion to remand. The Court entered an order expediting briefing and requesting supplemental briefs from the parties. In that order, the Court stayed briefing on a pending motion to dismiss until the remand motion could be decided. Doc. 12. The motion to remand and the supplemental briefs are now ripe as of May 24, 2021. The Court will endeavor to resolve those matters expeditiously. To preserve the resources of the parties and the Court, and given the unique procedural posture of this case, the Court hereby stays all deadlines in this case until the motion to remand and supplemental issues are decided. Signed by District Judge Holly L. Teeter on 5/25/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
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Filing 23
MEMORANDUM IN SUPPORT of #22 MOTION to Dismiss Party The Board of County Commissioners of Johnson County, The Johnson County Department of Health and Environment, and Sanmi Areola by Defendant The Board of Commissioners of Johnson County, Kansas (Attachments: #1 Ex. 1, #2 Ex. 2)(Holder, Andrew)
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Filing 22
MOTION to Dismiss Party The Board of County Commissioners of Johnson County, The Johnson County Department of Health and Environment, and Sanmi Areola by Defendants Sanmi Areola, Johnson County Department of Health and Environment, The Board of Commissioners of Johnson County, Kansas (Holder, Andrew)
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Filing 21
MOTION for Extension of Time to File Answer - Amended Answer to Complaint's non-SB40 Claims filed in Johnson Count (Doc. 1) by Defendants Blue Valley Board of Education, Blue Valley School District USD 229, Brian Daley (referred to Magistrate Judge Teresa J. James) (Lovett-Bowman, Stephanie)
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Filing 20
NOTICE of Consent to Removal by Brian Daley (Lovett-Bowman, Stephanie)
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Filing 19
RESPONSE by Defendants Tenth Judicial District, Olathe Board of Education, Brent McCune, Patrick Hurley, Jodie Dietz, Johnson County Department of Health and Environment, Tom Mitchell, Kristin Schultz, Brian Geary, Shannon Wickliffe, Mike Seitz, Olathe Public Schools USD 233, LeEtta Felter, Blue Valley Board of Education, Sanmi Areola, Brian Daley, Joe Beveridge, Brad Boyd, Amy Tysseling, The Board of Commissioners of Johnson County, Kansas, Blue Valley School District USD 229, Laura Brewer, Stacy Obringer-Varhall, Michele Benjamin re #12 Order. (Attachments: #1 Exhibit Journal Entry of Judgment)(Hatley, W.) Modified title on 5/24/2021 (ca).
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Filing 18
RESPONSE by Plaintiffs D.C., R.C., Matthew Couch, Joshua Snider, Terri E. Baker, T.M. Snider, L.P., E.B., J.C., C.A.C.,, M.C., J.B., Silo Baker, C.C., K.K., C.W.C., C.C., Holly Rook, G.C., CarrieAnn Baumgarten, Laura Klingensmith, Julie Myrick, R.F., Rebecca Campbell re #12 Order. (Baker, Linus) Modified title on 5/20/2021 (ca).
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Filing 17
REPLY TO RESPONSE TO MOTION by Plaintiffs Silo Baker, Terri E. Baker, CarrieAnn Baumgarten, C.A.C.,, C.C., C.C., C.W.C., Rebecca Campbell, Matthew Couch, D.C., E.B., G.C., J.B., J.C., K.K., Laura Klingensmith, L.P., M.C., Julie Myrick, R.C., R.F., Holly Rook, Joshua Snider, T.M. Snider re: #5 Motion to Remand to State Court, (Baker, Linus)
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Filing 16
NOTICE of Consent to Removal by Laura Brewer, Tenth Judicial District (Branson, Charles)
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Filing 15
NOTICE of Consent to Removal by Sanmi Areola, Johnson County Department of Health and Environment, The Board of Commissioners of Johnson County, Kansas (Holder, Andrew)
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Filing 14
MEMORANDUM IN OPPOSITION by Defendants Michele Benjamin, Blue Valley Board of Education, Blue Valley School District USD 229, Brian Daley, Jodie Dietz, Patrick Hurley, Tom Mitchell, Stacy Obringer-Varhall, Mike Seitz, Amy Tysseling re #5 MOTION to Remand to State Court (Attachments: #1 Exhibit Exhibit A - Senate Bill 40, #2 Exhibit Exhibit B - Johnson County District Court Administrative Order 21-01)(Hatley, W.)
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Filing 13
RESPONSE by Defendants Joe Beveridge, Brad Boyd, LeEtta Felter, Brian Geary, Brent McCune, Olathe Board of Education, Olathe Public Schools USD 233, Kristin Schultz, Shannon Wickliffe re #5 Motion to Remand to State Court, (Attachments: #1 Exhibit A, ADMINISTRATIVE ORDER NO. 21-01)(Norris, Michael)
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Filing 12
ORDER - Defendants' response to the motion to remand #5 is due by May 19, 2021. Any reply by Plaintiffs is due May 24, 2021. Plaintiffs and Defendants shall filed a supplemental brief each addressing the application, if any, of the Burford abstention doctrine to this case and whether the Court should exercise supplemental jurisdiction over the state-law claims. These briefs are limited to 15 pages and are due by May 24, 2021, by 5 p.m. The briefing on the motion to dismiss 10 is stayed pending resolution of the motion to remand. See Order for additional details. Signed by District Judge Holly L. Teeter on 5/12/2021. (md)
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Filing 11
ORDER REASSIGNING CASE: Case reassigned to District Judge Holly L. Teeter for all further proceedings. District Judge Sam A. Crow no longer assigned to case. Signed by District Judge Sam A. Crow on 5/10/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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Filing 6
ORDER REASSIGNING CASE: Case reassigned to District Judge Sam A. Crow for all further proceedings. District Judge Toby Crouse no longer assigned to case. Signed by District Judge Toby Crouse on 5/7/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ta)
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Filing 10
MOTION to Dismiss by Defendants Michele Benjamin, Blue Valley Board of Education, Blue Valley School District USD 229, Brian Daley, Jodie Dietz, Patrick Hurley, Tom Mitchell, Stacy Obringer-Varhall, Mike Seitz, Amy Tysseling. (FILED IN JOHNSON COUNTY DISTRICT COURT ON 5/5/2021; See Doc #1 for pleading). (ca)
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Filing 9
ANSWER to Complaint by Laura Brewer, Tenth Judicial District. (FILED IN JOHNSON COUNTY DISTRICT COURT ON 5/5/2021; See doc #3 for pleading).(ca)
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Filing 8
ANSWER to Complaint by Michele Benjamin, Blue Valley Board of Education, Blue Valley School District USD 229, Brian Daley, Jodie Dietz, Patrick Hurley, Tom Mitchell, Stacy Obringer-Varhall, Mike Seitz, Amy Tysseling. (FILED IN JOHNSON COUNTY DISTRICT COURT ON 5/5/2021; See Doc. #1 for pleading).(ca)
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Filing 7
AMENDED ANSWER to Complaint by Olathe Board of Education, Olathe Public Schools USD 233. (FILED IN JOHNSON COUNTY DISTRICT COURT ON 5/5/2021; See Doc. #1 for pleading.(ca) Modified title on 5/7/2021 (ca).
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Filing 5
MOTION to Remand to State Court by Plaintiffs Silo Baker, Terri E. Baker, CarrieAnn Baumgarten, C.A.C.,, C.C., C.C., C.W.C., Rebecca Campbell, Matthew Couch, D.C., E.B., G.C., J.B., J.C., K.K., Laura Klingensmith, L.P., M.C., Julie Myrick, R.C., R.F., Holly Rook, Joshua Snider, T.M. Snider (Baker, Linus)
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Filing 4
ENTRY OF APPEARANCE by Michael G. Norris on behalf of Joe Beveridge, Brad Boyd, LeEtta Felter, Brian Geary, Brent McCune, Olathe Board of Education, Olathe Public Schools USD 233, Kristin Schultz, Shannon Wickliffe. (Norris, Michael)
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Filing 3
NOTICE of Supplemental Exhibit to Notice of Removal by BLUE VALLEY BOARD OF EDUCATION, BLUE VALLEY SCHOOL DISTRICT USD 229, Michele Benjamin, Jodie Dietz, Patrick Hurley, Tom Mitchell, Stacy Obringer-Varhall, Mike Seitzis, Amy Tysseling re #1 Notice of Removal,, (Attachments: #1 Exhibit A)(Lovett-Bowman, Stephanie)
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Filing 2
CERTIFICATE OF SERVICE of Notice of Filing Notice of Removal to State Court by BLUE VALLEY BOARD OF EDUCATION, BLUE VALLEY SCHOOL DISTRICT USD 229, Michele Benjamin, Jodie Dietz, Patrick Hurley, Tom Mitchell, Stacy Obringer-Varhall, Mike Seitzis, Amy Tysseling (Attachments: #1 Exhibit A)(Lovett-Bowman, Stephanie)
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Filing 1
NOTICE OF REMOVAL from District Court of Johnson County, Kansas, case number 21CV01942 Trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5480398.), filed by Patrick Hurley, Jodie Dietz, Amy Tysseling, Tom Mitchell, BLUE VALLEY SCHOOL DISTRICT USD 229, Stacy Obringer-Varhall, Mike Seitzis, Michele Benjamin, BLUE VALLEY BOARD OF EDUCATION. (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Civil Cover Sheet)(Lovett-Bowman, Stephanie)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)
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