Ricard v. USD 475 Geary County, KS School Board et al
| Pamela Ricard |
| USD 475 Geary County, KS School Board, Ron Johnson, Kristy Haden, Anwar Khoury, Jim Schmidt, Beth Hudson, Mark Hatcher, Jason Butler, Reginald Eggleston and Kathleen Brennan |
| 5:2022cv04015 |
| March 7, 2022 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Holly L Teeter |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 38
NOTICE OF CANCELLED HEARING: The Scheduling Conference set for 8/31/2022 at 11:00 a.m. is cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
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Filing 37
NOTICE OF VOLUNTARY DISMISSAL by Pamela Ricard With Prejudice (Langhofer, Tyson)
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Civil Case Terminated per #37 /HLT chambers. (mam)
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Filing 36
ORDER. The undersigned conducted a Scheduling Conference in this matter. Plaintiff appeared through counsel, Caleb Dalton. Defendants appeared through counsel, David Cooper and Crystal Moe. Counsel announced the parties had reached a settlement in principle. Counsel shall submit the appropriate dismissal pleadings to the Court no later than 8/31/2022. If the dismissal documents have not been submitted, a Scheduling Conference before Magistrate Judge Gwynne E. Birzer will take place on 8/31/2022 at 11:00 AM by telephone. Participants shall call 1-888-363-4749, use access code 9686294, and follow prompts to join call. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 7/19/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
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Filing 35
MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: SCHEDULING CONFERENCE held on 7/19/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
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Filing 34
NOTICE OF SERVICE by Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt, USD 475 Geary County, KS School Board of Rule 26(a)(1)(A) Initial Disclosures (Cooper, David)
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Filing 33
CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Pamela Ricard. (Langhofer, Tyson)
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Filing 32
REPLY TO RESPONSE TO MOTION by Defendants Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt, USD 475 Geary County, KS School Board re: #27 Motion to Dismiss for Failure to State a Claim, (Cooper, David)
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Filing 31
ORDER granting #30 Unopposed MOTION for Extension of Time to File Reply as to #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Reply deadline is on or before 7/5/2022. Signed by District Judge Holly L. Teeter on 7/1/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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Filing 30
Unopposed MOTION for Extension of Time to File Reply as to #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt, USD 475 Geary County, KS School Board (referred to Magistrate Judge Gwynne E. Birzer) (Cooper, David)
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Filing 29
MEMORANDUM IN OPPOSITION by Plaintiff Pamela Ricard re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Langhofer, Tyson)
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Filing 28
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 7/19/2022 at 11:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Participants shall dial into the conference call at 888-363-4749, enter access code 9686294#, and follow the prompts to join the call. Report of Parties Planning Conference and Rule 26 Initial Disclosures due 7/12/2022. Signed by Magistrate Judge Gwynne E. Birzer on 6/2/22. (ala)
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Filing 27
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt, USD 475 Geary County, KS School Board (Attachments: #1 Ex 5-19-22 BOE Meeting Agenda)(Cooper, David)
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Filing 26
TRANSCRIPT OF MOTION FOR PRELIMINARY INJUNCTION (131 pgs) hearing held 05/06/2022 before Judge Holly L. Teeter, Court Reporter Kelli Stewart, 913-735-2334, kelli_stewart@ksd.uscourts.gov. Transcript purchased by: Mr. David Cooper. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Release of Transcript Restriction set for 8/22/2022. (ks)
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Filing 25
ORDER granting #24 Plaintiff's Unopposed Motion for Extension of Time to File Motion for Attorneys' Fees. Plaintiff seeks to extend the deadline to file a motion for attorneys' fees to the extent that deadline was triggered by the entry of a preliminary injunction. In accordance with Rule 54(d)(2)(B), the Court extends the deadline to file a motion for attorneys' fees until 14 days after entry of final judgment in this case, entry of dismissal pursuant to a stipulation of dismissal by the parties, or any other final disposition of the case. Signed by District Judge Holly L. Teeter on 5/20/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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Filing 24
Unopposed MOTION for extension of time to file motion for attorneys' fees by Plaintiff Pamela Ricard(Langhofer, Tyson)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #24 Unopposed MOTION for extension of time to file motion for attorneys' fees. The motion will be resolved by the District Judge. (kf)
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Filing 23
ORDER granting #22 Defendants' Second Unopposed MOTION for Extension of Time to File Answer re #1 Complaint. Defendants shall answer or otherwise plead on or before May 27, 2022. Signed by Magistrate Judge Gwynne E. Birzer on 5/17/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
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Filing 22
Second Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney) by Defendants Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt, USD 475 Geary County, KS School Board (referred to Magistrate Judge Gwynne E. Birzer) (Cooper, David)
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Filing 21
MEMORANDUM AND ORDER granting in part and denying in part #4 Motion for Preliminary Injunction. Signed by District Judge Holly L. Teeter on 5/9/2022. (md)
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Filing 20
MINUTE ENTRY for proceedings held before District Judge Holly L. Teeter: MOTION HEARING held on 5/6/2022 re #4 MOTION for Preliminary Injunction filed by Pamela Ricard. The Court takes the motion under advisement. Order to follow. (Court Reporter Kelli Stewart.) (Attachments: #1 Witness Sheet) (md)
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Filing 19
ENTRY OF APPEARANCE by Crystal B. Moe on behalf of All Defendants. (Moe, Crystal)
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Filing 18
CORRECTED INDEX OF EXHIBITS by Defendants Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt, USD 475 Geary County, KS School Board re #11 Response to Motion. (Cooper, David)
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Filing 17
AFFIDAVIT of Pamela Ricard re #6 Affidavit by Pamela Ricard. (Langhofer, Tyson)
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Filing 16
REPLY TO RESPONSE TO MOTION by Plaintiff Pamela Ricard re: #4 Motion for Preliminary Injunction, Motion for TRO, Motion to Expedite (Attachments: #1 Exhibit USD 475 Geary County Schools Family Handbook 21-22, #2 Exhibit Report of Dr. Cantor)(Langhofer, Tyson)
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Filing 15
ORDER granting #14 Motion to Appear Pro Hac Vice of Greggory R. Walters for Pamela Ricard pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 5/2/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
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Filing 14
MOTION for attorney Greggory Reed Walters to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5769415.) by Plaintiff Pamela Ricard. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form)(Langhofer, Tyson)
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Filing 13
ORDER granting #12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney). The answer or motion are due on or before May 13, 2022. Signed by District Judge Holly L. Teeter on 4/29/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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Filing 12
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Defendants Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt, USD 475 Geary County, KS School Board. (Cooper, David)
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Filing 11
RESPONSE by Defendants Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt, USD 475 Geary County, KS School Board re #4 Motion for Preliminary Injunction, Motion for TRO, Motion to Expedite (Attachments: #1 Exhibit List 01 Index of Exhibits, #2 Exhibit 02 GAACB - Diversity and Inclusion Policy - Apr. 2021, #3 Exhibit 03 GAAE Rev. 2-16, #4 Exhibit 04 GAF - Staff-Student Relation rev. 2-16, #5 Exhibit 05 Executive Order No. 14021, 86 FR 13803, #6 Exhibit 06 Board Packet, #7 Exhibit 07 Diversity and Inclusion Training Roster, #8 Exhibit 08 Lubbers Declaration, #9 Exhibit 8-17-21 Eggleston Email to BOE re Preferred Name Policy, #10 Exhibit 09 Miller Declaration, #11 Exhibit 10 Molt Declaration, #12 Exhibit 11 Faculty Manual 2020-2021, #13 Exhibit 12 Ricard Training History, #14 Exhibit 13 8.4.21 Ney ltr to USD 475 with Exhibits A-C, #15 Exhibit 14 September 07 2021 BOE Minutes, #16 Exhibit 15 September 07 2021 BOE Agenda Part 1, #17 Exhibit 16 September 07 2021 BOE Agenda Part 2, #18 Exhibit 17 8-17-21 Eggleston Email to BOE re Preferred Name Policy)(Cooper, David)
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Filing 10
ORDER granting #9 Motion to Appear Pro Hac Vice of Jonathan Caleb Dalton for Pamela Ricard pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/29/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney). The motion will be resolved by the District Judge.(md)
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Filing 9
MOTION for attorney Jonathan Caleb Dalton to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5767254.) by Plaintiff Pamela Ricard. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form) (Langhofer, Tyson)
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Filing 8
ORDER re #4 MOTION for Preliminary Injunction filed by Pamela Ricard. Response deadline is by 5:00 PM on 4/29/2022. Reply deadline is by 5:00 PM on 5/3/2022. Motion Hearing is set for 5/6/2022 at 09:00 AM in KC Courtroom 463 (HLT) before District Judge Holly L. Teeter. Signed by District Judge Holly L. Teeter on 4/21/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION to Expedite. The motion will be resolved by the District Judge. (kf)
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Filing 7
ENTRY OF APPEARANCE by Tyson C. Langhofer on behalf of Pamela Ricard (Langhofer, Tyson)
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Filing 6
AFFIDAVIT of Pamela Ricard by Pamela Ricard. (Langhofer, Tyson)
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Filing 5
MEMORANDUM IN SUPPORT of #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION to Expedite Hearing on the Motion for Preliminary Injunction and Temporary Restraining Order by Plaintiff Pamela Ricard (Attachments: #1 Exhibit Exhibit A USD 475 Board Policies)(Langhofer, Tyson)
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Filing 4
MOTION for Preliminary Injunction ( Response deadline 4/27/2022), MOTION for Temporary Restraining Order ( Response deadline 4/27/2022), MOTION to Expedite by Plaintiff Pamela Ricard (Langhofer, Tyson)
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Filing 3
ENTRY OF APPEARANCE by David R. Cooper on behalf of All Defendants. (Cooper, David)
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SUMMONS ISSUED as to Kathleen Brennan, Jason Butler, Reginald Eggleston, Kristy Haden, Mark Hatcher, Beth Hudson, Ron Johnson, Anwar Khoury, Jim Schmidt. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh)
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Filing 2
CIVIL COVER SHEET by Plaintiff Pamela Ricard. (Kriegshauser, Ryan)
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Filing 1
COMPLAINT with trial location of Topeka ( Filing fee $402, Internet Payment Receipt Number AKSDC-5730718.), filed by Pamela Ricard. (Attachments: #1 Exhibit A - Molt Email, #2 Exhibit - Redacted B - Lubbers Email, #3 Exhibit C - Notice of Suspension, #4 Exhibit D - Reprimand, #5 Exhibit E - Molt Email 2, #6 Exhibit F - Policy Documents, #7 Exhibit G - Policy Documents 2, #8 Exhibit H - Collective Agreement, #9 Exhibit I - Grievance Response, #10 Exhibit - Redacted J - Letter from Counsel, #11 Exhibit - Redacted K - Letter from Counsel 2, #12 Exhibit L - Proposal, #13 Exhibit M - Email from Counsel, #14 Exhibit N - Grievance Response 2, #15 Exhibit O - KOMA Violation Letter, #16 Exhibit P - Revised Policy, #17 Exhibit - Redacted Q - Lubbers Email 2, #18 Exhibit R - Policy Documents 2)(Kriegshauser, Ryan)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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