Oswald et al v. Beshear
| Jason Oswald, Karen Oswald, Elizabeth Sandfoss, Jim Sandfoss, Jessica Fischer, Mike Dickhaus, Jessica Boyers, Brian Boyers, Dr. Jessica Twehues, Craig Twehues, Julianna Works, Greg Works, Rebecca Stidham, Chad Stidham, Maria Lawrence, Eric Lawrence, Rob Keller, Sherry Keller, Kimberly Lucas, Brian Lucas, Caitlin Voelker, Brandon Voelker, Jennifer Clark, Doug Clark, Tammy Noyes, Andrew Noyes, Natalie Ramirez, Howard Ramirez, Dave Carr, Karen Carr, Kevin Schappell, Molly Schappell, Danielle Pipes, Chris Pipes, Susan Heitker, Hank Heitker, Andrew Futscher, Ashley Futscher, Chris Speier, Laura Speier, Lindsey Archer, Matt Archer, Alexandra Macke and Fred Macke, III |
| Governor Andy Beshear |
| 2:2021cv00096 |
| August 15, 2021 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| David L Bunning |
| Candace J Smith |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 5, 2021. A more recent docket listing may be available from PACER.
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Filing 28
RESPONSE in Opposition re #22 MOTION to Dismiss by Andy Beshear filed by Doug Clark. (Voelker, Brandon)
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Filing 27
ORDER: That: (1) defendant's Emergency Motion to Dissolve TRO #14 be, and is hereby, DENIED AS MOOT; (2) plaintiffs' first motion for TRO #10 and proposed order #13 are also DENIED AS MOOT in light of this Court's August 19, 2021 Memorandum Opinion and Order #11 and Temporary Restraining Order #12 . Signed by Judge William O. Bertelsman on 10/1/2021. (ECO)cc: COR
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Filing 26
ORDER: That plaintiffs' First Motion to Continue #25 be, and is hereby, GRANTED. The docket call set in this matterfor Tuesday, October 12, 2021 be, and is hereby, CANCELLED. Signed by Judge William O. Bertelsman on 10/1/2021.(ECO)cc: COR
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Filing 25
FIRST MOTION to Continue by Lindsey Archer, Matt Archer, Brian Boyers, Jessica Boyers, Dave Carr, Karen Carr, Doug Clark, Jennifer Clark, Mike Dickhaus, Jessica Fischer, Andrew Futscher, Ashley Futscher, Hank Heitker, Susan Heitker, Rob Keller, Sherry Keller, Eric Lawrence, Maria Lawrence, Brian Lucas, Kimberly Lucas, Alexandra Macke, Fred Macke, III, Andrew Noyes, Tammy Noyes, Jason Oswald, Karen Oswald, Chris Pipes, Danielle Pipes, Howard Ramirez, Natalie Ramirez, Elizabeth Sandfoss, Jim Sandfoss, Kevin Schappell, Molly Schappell, Chris Speier, Laura Speier, Chad Stidham, Rebecca Stidham, Craig Twehues, Jessica Twehues, Brandon Voelker, Caitlin Voelker, Greg Works, Julianna Works Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Voelker, Brandon)
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Filing 24
AMENDED ORDER: that said Docket Call be, and hereby is, set for TUESDAY, OCTOBER 12, 2021 AT 1:00 P.M., to be held at the United States Courthouse, 35 West Fifth Street, Covington, Kentucky in the 5th Floor Courtroom. The parties shall confer and file a proposed scheduling order at least three (3) days before docket call. Counsel must attend the docket call in person and be sufficiently familiar with the case to answer any inquires the Court may have. Signed by Judge William O. Bertelsman on 9/13/2021.(ECO)cc: COR
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Filing 23
ORDER: that said Docket Call be, and hereby is, set for TUESDAY, OCTOBER 12, 2021 AT 1:00 P.M., to be held at the United States Courthouse, 35 West Fifth Street, Covington, Kentucky in the 5th Floor Courtroom. The parties shall confer and file a proposed scheduling order at least three (3) days before docket call. Counsel must attend the docket call in person and be sufficiently familiar with the case to answer any inquires the Court may have. Signed by Judge William O. Bertelsman on 9/10/2021.(ECO)cc: COR
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Filing 22
MOTION to Dismiss by Andy Beshear (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A - HJR 1, #3 Exhibit B - Return to School Requirements, #4 Exhibit C - Parent Letter, #5 Proposed Order)(Tipton, Laura)
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Filing 21
AGREED ORDER: That the following briefing schedule be entered: 1. Defendant shall file an Answer or other responsive pleading in lieu of an Answer by the end of September 10, 2021; 2. Plaintiffs shall file a response to any responsive pleading in lieu of an Answer by the end of October 1, 2021; and 3. Defendant shall file a reply in support of any responsive pleading in lieu of an Answer by the end of October 15, 2021. Signed by Judge William O. Bertelsman on 9/1/2021.(ECO)cc: COR
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Filing 20
JOINT STATUS REPORT by Andy Beshear. (Attachments: #1 Proposed Order Proposed Agreed Order - Briefing Schedule)(Mayo, Steven)
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***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #20 Joint Status Report re: #19 Order (ECO)
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Filing 19
ORDER: The hearing on a preliminary injunction set for Tuesday, August 24, 2021 at 1:00 p.m. be, and is hereby, CANCELLED. The parties shall confer regarding how this matter should proceed and file a joint status report on or before Friday, September 3, 2021. Signed by Judge William O. Bertelsman on 08/23/2021.(SLG)cc: COR
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Filing 18
RESPONSE to #16 Defendant's Notice of Filing (Doc. 16) filed by Lindsey Archer, Matt Archer, Brian Boyers, Jessica Boyers, Dave Carr, Karen Carr, Doug Clark, Jennifer Clark, Mike Dickhaus, Jessica Fischer, Andrew Futscher, Ashley Futscher, Hank Heitker, Susan Heitker, Rob Keller, Sherry Keller, Eric Lawrence, Maria Lawrence, Brian Lucas, Kimberly Lucas, Alexandra Macke, Fred Macke, III, Andrew Noyes, Tammy Noyes, Jason Oswald, Karen Oswald, Chris Pipes, Danielle Pipes, Howard Ramirez, Natalie Ramirez, Elizabeth Sandfoss, Jim Sandfoss, Kevin Schappell, Molly Schappell, Chris Speier, Laura Speier, Chad Stidham, Rebecca Stidham, Craig Twehues, Jessica Twehues, Brandon Voelker, Caitlin Voelker, Greg Works, Julianna Works. (Voelker, Brandon)
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Filing 17
RESPONSE in Opposition re #14 EMERGENCY MOTION Dissolve TRO re #11 Memorandum Opinion & Order,, Terminate Motions,, Set Hearings, #12 Temporary Restraining Order, by Andy Beshear filed by Lindsey Archer, Matt Archer, Brian Boyers, Jessica Boyers, Dave Carr, Karen Carr, Doug Clark, Jennifer Clark, Mike Dickhaus, Jessica Fischer, Andrew Futscher, Ashley Futscher, Hank Heitker, Susan Heitker, Rob Keller, Sherry Keller, Eric Lawrence, Maria Lawrence, Brian Lucas, Kimberly Lucas, Alexandra Macke, Fred Macke, III, Andrew Noyes, Tammy Noyes, Jason Oswald, Karen Oswald, Chris Pipes, Danielle Pipes, Howard Ramirez, Natalie Ramirez, Elizabeth Sandfoss, Jim Sandfoss, Kevin Schappell, Molly Schappell, Chris Speier, Laura Speier, Chad Stidham, Rebecca Stidham, Craig Twehues, Jessica Twehues, Brandon Voelker, Caitlin Voelker, Greg Works, Julianna Works. (Attachments: #1 Exhibit)(Voelker, Brandon)
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Filing 16
NOTICE OF FILING by Andy Beshear re #11 Memorandum Opinion & Order,, Terminate Motions,, Set Hearings, #12 Temporary Restraining Order, #14 EMERGENCY MOTION Dissolve TRO re #11 Memorandum Opinion & Order,, Terminate Motions,, Set Hearings, #12 Temporary Restraining Order, by Andy Beshear of Supplemental Fact Development (Attachments: #1 Exhibit Exhibit A - KYSC Opinion, #2 Exhibit Exhibit B - EO 2021-632)(Mayo, Steven)
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Filing 15
ORDER: That all pending motions and related matters will be taken up at the hearing on plaintiffs' motion for a preliminary injunction on TUESDAY, AUGUST 24, 2021 AT 1:00 P.M. Signed by Judge William O. Bertelsman on 8/20/2021.(ECO)cc: COR
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Filing 14
EMERGENCY MOTION Dissolve TRO re #11 Memorandum Opinion & Order,, Terminate Motions,, Set Hearings, #12 Temporary Restraining Order, by Andy Beshear Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memorandum in Support of Emergency Motion to Dissolve, #2 Exhibit Exhibit A - 2-3-21 Franklin Circuit Court Order, #3 Exhibit Exhibit B - 3-3-21 Franklin Circuit Order, #4 Exhibit Exhibit C - 4-7-21 Franklin Circuit Order, #5 Exhibit Exhibit D - Kentucky Court of Appeals Order, #6 Proposed Order Proposed Order)(Mayo, Steven)
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Filing 13
Proposed Agreed Order by Lindsey Archer, Matt Archer, Brian Boyers, Jessica Boyers, Dave Carr, Karen Carr, Doug Clark, Jennifer Clark, Mike Dickhaus, Jessica Fischer, Andrew Futscher, Ashley Futscher, Hank Heitker, Susan Heitker, Rob Keller, Sherry Keller, Eric Lawrence, Maria Lawrence, Brian Lucas, Kimberly Lucas, Alexandra Macke, Fred Macke, III, Andrew Noyes, Tammy Noyes, Jason Oswald, Karen Oswald, Chris Pipes, Danielle Pipes, Howard Ramirez, Natalie Ramirez, Elizabeth Sandfoss, Jim Sandfoss, Kevin Schappell, Molly Schappell, Chris Speier, Laura Speier, Chad Stidham, Rebecca Stidham, Craig Twehues, Jessica Twehues, Brandon Voelker, Caitlin Voelker, Greg Works, Julianna Works. (Voelker, Brandon)
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***Reopen Document #10 FIRST MOTION for Temporary Restraining Order by Lindsey Archer, Matt Archer, Brian Boyers, Jessica Boyers, Dave Carr, Karen Carr, Doug Clark, Jennifer Clark, Mike Dickhaus, Jessica Fischer, Andrew Futscher, Ashley Futscher, Hank Heitker, Susan Heitker (ECO)
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Filing 12
TEMPORARY RESTRAINING ORDER: (1) Defendant Governor Andy Beshear, his officers, agents, servants, employees, attorneys, or other persons who are in active concert or participation with him, be, and are hereby, ENJOINED from enforcing Executive Order 2021-585; and(2) Plaintiffs shall post a security bond in the amount of $10,000.00. Signed by Judge William O. Bertelsman on 8/19/2021.(ECO)cc: COR
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Filing 11
MEMORANDUM OPINION & ORDER that: (1) Plaintiffs' Motion for an Ex-Parte Emergency Motion forInjunctive Relief (Doc. #1 -4 at 2-5) be, and is hereby, GRANTED. ATemporary Restraining Order shall enter concurrently herewith; and(2) A hearing on plaintiffs' motion for a preliminaryinjunction be, and is hereby, SET FOR AUGUST 24, 2021 AT 1:00 p.m.in Courtroom A. Signed by Judge William O. Bertelsman on 8/19/2021.(ECO)cc: COR
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Filing 10
FIRST MOTION for Temporary Restraining Order by Lindsey Archer, Matt Archer, Brian Boyers, Jessica Boyers, Dave Carr, Karen Carr, Doug Clark, Jennifer Clark, Mike Dickhaus, Jessica Fischer, Andrew Futscher, Ashley Futscher, Hank Heitker, Susan Heitker, Rob Keller, Sherry Keller, Eric Lawrence, Maria Lawrence, Brian Lucas, Kimberly Lucas, Alexandra Macke, Fred Macke, III, Andrew Noyes, Tammy Noyes, Jason Oswald, Karen Oswald, Chris Pipes, Danielle Pipes, Howard Ramirez, Natalie Ramirez, Elizabeth Sandfoss, Jim Sandfoss, Kevin Schappell, Molly Schappell, Chris Speier, Laura Speier, Chad Stidham, Rebecca Stidham, Craig Twehues, Jessica Twehues, Brandon Voelker, Caitlin Voelker, Greg Works, Julianna Works (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Voelker, Brandon)
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Filing 9
AMENDED COMPLAINT against All Plaintiffs, filed by Danielle Pipes, Eric Lawrence, Craig Twehues, Kevin Schappell, Susan Heitker, Elizabeth Sandfoss, Brian Boyers, Jason Oswald, Natalie Ramirez, Greg Works, Rebecca Stidham, Howard Ramirez, Lindsey Archer, Andrew Futscher, Karen Carr, Chris Pipes, Dave Carr, Doug Clark, Fred Macke, III, Maria Lawrence, Rob Keller, Jessica Fischer, Andrew Noyes, Chris Speier, Alexandra Macke, Ashley Futscher, Julianna Works, Mike Dickhaus, Chad Stidham, Molly Schappell, Matt Archer, Kimberly Lucas, Karen Oswald, Tammy Noyes, Jim Sandfoss, Brian Lucas, Jennifer Clark, Jessica Boyers, Laura Speier, Brandon Voelker, Sherry Keller, Hank Heitker, Caitlin Voelker, Jessica Twehues. (Attachments: #1 Exhibit School Closure Ex Order, #2 Exhibit Initial Mask Order, #3 Exhibit Senate Bill 1, #4 Exhibit House Joint Reopening Plan, #5 Exhibit Boone Circuit Order, #6 Exhibit Diocese Reopening Plan, #7 Exhibit Diocese Email re Governor's Order)(Voelker, Brandon)
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NOTICE OF DOCKET MODIFICATION TO Brandon Voelker re #8 Notice of Filing; Error: Exhibit was filed together with the notice instead of as separate attachment. Entry by attorney; Clerk added the exhibit as separate attachment. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel. cc: COR (ECO)
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Filing 8
NOTICE OF FILING by Lindsey Archer, Matt Archer, Brian Boyers, Jessica Boyers, Dave Carr, Karen Carr, Doug Clark, Jennifer Clark, Mike Dickhaus, Jessica Fischer, Andrew Futscher, Ashley Futscher, Hank Heitker, Susan Heitker, Rob Keller, Sherry Keller, Eric Lawrence, Maria Lawrence, Brian Lucas, Kimberly Lucas, Alexandra Macke, Fred Macke, III, Andrew Noyes, Tammy Noyes, Jason Oswald, Karen Oswald, Chris Pipes, Danielle Pipes, Howard Ramirez, Natalie Ramirez, Elizabeth Sandfoss, Jim Sandfoss, Kevin Schappell, Molly Schappell, Chris Speier, Laura Speier, Chad Stidham, Rebecca Stidham, Craig Twehues, Jessica Twehues, Brandon Voelker, Caitlin Voelker, Greg Works, Julianna Works Petition Verification (Voelker, Brandon) (Additional attachment(s) added on 8/19/2021: #1 Petition Verification of Dr. Twehues) (ECO).
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Filing 7
ORDER: plaintiffs shall file the verified or sworn statement of Dr. Tweheues or any other affiant in support of their Complaint and Ex-Parte Emergency motion for Injunctive Relief on or before Thursday, August 19, 2021 at 9:00 a.m. Signed by Judge William O. Bertelsman on 8/18/2021.(TJZ)cc: COR
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Filing 6
NOTICE OF FILING by Andy Beshear re #1 Notice of Removal, Notice of Filing of Petition of State Court Record (Attachments: #1 Exhibit Exhibit 1 - Part 1 of Petition of State Court Record, #2 Exhibit Exhibit 2 - Part 2 of Petition of State Court Record, #3 Exhibit Exhibti 2 - Part of Petition of State Court Record)(Mayo, Steven)
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Filing 4
ORDER: This matter is REASSIGNED to the Hon. William O. Bertelsman. Signed by Judge David L. Bunning on 8/17/2021.(TJZ)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re Emergency Motion for Injunctive Relief (TJZ)
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Conflict Check run. (SLG)
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***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re Emergency Motion for Injunctive Relief (TJZ)
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Filing 3
STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 01/13/2011.(SLG)cc: COR Modified text on 8/16/2021 (TJZ).
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Filing 1
NOTICE OF REMOVAL from Campbell Circuit Court, case number 21-CI-00624. (Filing fee $402; receipt number 0643-5042499), filed by Andy Beshear. (Attachments: #1 Exhibit Exhibit 1 - Civil Summons, #2 Exhibit Exhibit 2 - State Court Record - Part 1, #3 Exhibit Exhibit 2 - State Court Record - Part 2, #4 Exhibit Exhibit 3 - Emergency Motion, #5 Exhibit Exhibit 4 - Notice of Filing)(SLG) Modified text on 8/16/2021 (TJZ).
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Emergency Motion for Injunctive Relief, filed as part of state court record #1 . (TJZ)
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