Evans et al v. Laurel County Board of Education et al
| Austin Evans |
| Laurel County Board of Education, Doug Bennett, Harmon Hodge, Mark Huff, Crystal Cox, Brandon Hibbard, Jeremy Kidd and Mark Felts |
| 6:2021cv00196 |
| November 23, 2021 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 10
Order: Pursuant to DE #5 at 7, the Court TRANSFERS this matter to Magistrate Judge Hanly A. Ingram for all proceedings, including trial. Signed by Judge Robert E. Wier on 01/21/2021.(KJA)cc: COR
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| Filing 9 NOTICE of Change of Address by Chenee Marie Castruita (Castruita, Chenee) |
| NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Chenee M. Castruita: It appears the address listed on your filing #9 Notice of Change of Address is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (KJA) |
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Filing 8
SCHEDULING ORDER: 1. Parties shall exchange Rule 26(a)(1) disclosures by January 31, 2022. These need not be filed in the Court record. 2. Motions to join additional parties or amend pleadings by 7/1/2022. 3. All fact discovery by 7/14/2023. 4. NLT 11/4/2022, Plaintiffs shall disclose the identity of expert witnesses; Defendants by 2/6/2023. Supplementation by 3/29/2023. 5. NLT 8/28/2023, counsel for the parties shall file all dispositive motions. Response and reply time per local rule. 6. In accordance with District Judge Wier's referral order (D.E. #3 ), the Court declines to schedule a pretrial conference, trial, or deadlines for related filings at this time. Deadlines will be set by Judge Wier as appropriate. 7. Modification of this schedule thus is disfavored and will only occur under the standards and mechanics of Rule 16 and/or Rule 6, as applicable. 8. Other than the agreed-upon discovery limits within the parties' Rule 26(f) report, the default limits within the discovery rules apply. 9. The Court HEREBY ORDERS a TELEPHONIC STATUS CONFERENCE set for 10/7/2022 at 11:30 AM in LONDON before Magistrate Judge Hanly A. Ingram. See Order for dial-in info. Signed by Magistrate Judge Hanly A. Ingram on 01/06/2022.(KJA)cc: COR, London Diary
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| Filing 7 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 1/6/2022 before Magistrate Judge Hanly A. Ingram: This matter was scheduled for a telephonic conference with counsel participating as noted. The Court heard from counsel regarding scheduling. All parties agreed to shorten the deadlines in their proposed schedule by 6 months. A separate scheduling order will issue. (Tape #KYED-LON_6-21-CV-196-REW-HAI_20220106_103647.) Signed by Hanly A. Ingram. (KJA)cc: COR |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #5 Report of Rule 26(f) Planning Meeting "(7) The Parties consent to the jurisdiction of the magistrate judge in this matter" (SYD) |
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Filing 6
ORDER: The parties filed a joint status report on December 15, 2021, and included a proposed discovery plan pursuant to Federal Rule of Civil Procedure 26(f). D.E. #5 . The Court HEREBY ORDERS that a TELEPHONIC SCHEDULING CONFERENCE SHALL occur on 1/6/2022 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram. The call will be on the record and for counsel only. To join, parties are DIRECTED to call AT&T Teleconferencing at 1-888-675-2535, to enter Access Code 8810053 (followed by "#"), and, when requested, enter the Security Code 21196 (followed by "#"). Signed by Magistrate Judge Hanly A. Ingram on 12/17/2021.(APR)cc: COR,CD
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| Filing 5 REPORT of Rule 26(f) Planning Meeting. (Bryson, Larry) |
| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #5 Report of Rule 26(f) Planning Meeting (KJA) |
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Filing 4
ORDER FOR MEETING AND REPORT: (1) Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. (2) Within 14 days of the meeting, the parties shall file a joint status report. Signed by Magistrate Judge Hanly A. Ingram on 11/29/2021. (Attachments: #1 AO 85 MJ Consent Form)(KJA)cc: COR
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Filing 3
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier.. Signed by Judge Robert E. Wier on 11/13/19.(JLC)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Laurel County Circuit Court, case number 19-CI-00972. ( Filing fee $402; receipt number AKYEDC-5131793), filed by Brandon Hibbard(in his official capacity as former Principal.), Brandon Hibbard(Individually), Doug Bennett(in his official capacity as Superintendent), Crystal Cox(Individually), Jeremy Kidd(in his official capacity as Principal.), Harmon Hodge(in his official capacity as former Principal.), Mark Huff(Individually), Harmon Hodge(individually), Jeremy Kidd(Individually), Doug Bennett(Individually), Mark Huff(in his official capacity as Assistant Principal.), Crystal Cox(in her official capacity as Assistant Principal.), Laurel County Board of Education. (Attachments: #1 Civil Cover Sheet, #2 State Court Record)(JLC) |
| ANSWER to Complaint (Notice of Removal) by Doug Bennett(in his official capacity as Superintendent), Doug Bennett(Individually), Crystal Cox(Individually), Crystal Cox(in her official capacity as Assistant Principal.), Brandon Hibbard(in his official capacity as former Principal.), Brandon Hibbard(Individually), Harmon Hodge(in his official capacity as former Principal.), Harmon Hodge(individually), Mark Huff(Individually), Mark Huff(in his official capacity as Assistant Principal.), Jeremy Kidd(in his official capacity as Principal.), Jeremy Kidd(Individually), Laurel County Board of Education. Filed in State Court Record-See DE #1 . (JLC) |
| CROSSCLAIM against Mark Felts, filed by Brandon Hibbard(in his official capacity as former Principal.), Brandon Hibbard(Individually), Doug Bennett(in his official capacity as Superintendent), Crystal Cox(Individually), Jeremy Kidd(in his official capacity as Principal.), Harmon Hodge(in his official capacity as former Principal.), Mark Huff(Individually), Harmon Hodge(individually), Jeremy Kidd(Individually), Doug Bennett(Individually), Mark Huff(in his official capacity as Assistant Principal.), Crystal Cox(in her official capacity as Assistant Principal.), Laurel County Board of Education. Filed in State Court Record- See DE #1 .(JLC) |
| Conflict Check run. (JLC) |
| AMENDED COMPLAINT against Doug Bennett(in his official capacity as Superintendent), Doug Bennett(Individually), Crystal Cox(Individually), Crystal Cox(in her official capacity as Assistant Principal.), Mark Felts, Brandon Hibbard(in his official capacity as former Principal.), Brandon Hibbard(Individually), Harmon Hodge(in his official capacity as former Principal.), Harmon Hodge(individually), Mark Huff(in his official capacity as Assistant Principal.), Mark Huff(Individually), Jeremy Kidd(in his official capacity as Principal.), Jeremy Kidd(Individually), Laurel County Board of Education, filed by Austin Evans. Filed as part of State Court Record- See DE #1 .(JLC) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Doug Bennett(in his official capacity as Superintendent), Doug Bennett(Individually), Crystal Cox(Individually), Crystal Cox(in her official capacity as Assistant Principal.), Brandon Hibbard(Individually), Brandon Hibbard(in his official capacity as former Principal.), Harmon Hodge(in his official capacity as former Principal.), Harmon Hodge(individually), Mark Huff(Individually), Mark Huff(in his official capacity as Ass istant Principal.), Jeremy Kidd(in his official capacity as Principal.), Jeremy Kidd(Individually), Laurel County Board of Education. Filed as part of State Court Record- See DE #1 (JLC) Modified text on 11/24/2021 (JLC). |
| MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Doug Bennett(in his official capacity as Superintendent), Doug Bennett(Individually), Crystal Cox(Individually), Crystal Cox(in her official capacity as Assistant Principal.), Brandon Hibbard(Individually), Brandon Hibbard(in his official capacity as former Principal.), Harmon Hodge(in his official capacity as former Principal.), Harmon Hodge(individually), Mark Huff(Individually), Mark Huff(in his official capacity as Assistant Principal.), Jeremy Kidd(in his official capacity as Principal.), Jeremy Kidd(Individually), Laurel County Board of Education. Filed as part of State Court Record- See DE #1 . (JLC) |
| ANSWER to Amended Complaint, CROSSCLAIM against Mark Felts by Brandon Hibbard(in his official capacity as former Principal.), Brandon Hibbard(Individually), Doug Bennett(in his official capacity as Superintendent), Crystal Cox(Individually), Harmon Hodge(in his official capacity as former Principal.), Mark Huff(in his official capacity as Assistant Principal.), Crystal Cox(in her official capacity as Assistant Principal.), Jeremy Kidd(in his official capacity as Principal.), Harmon Hodge(individually), Mark Huff(Individually), Doug Bennett(Individually), Jeremy Kidd(Individually), Laurel County Board of Education. Filed as part of State Court Record- See DE #1 .(JLC) Modified text on 11/24/2021 (JLC). |
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