Frost v. University of Louisville et al
| Dr. Christopher Frost |
| Laura Schroeder, Donna Ernst, Laura Carter, University of Louisville and Kimberly Kempf-Leonard |
| 3:2019cv00227 |
| March 27, 2019 |
| US District Court for the Western District of Kentucky |
| Charles R Simpson |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 34 REPLY to Response to Motion re #31 MOTION to Stay re #26 Memorandum & Opinion,, #27 Order on Motion for Preliminary Injunction,,, Order on Motion for Permanent Injunction,,,,, filed by Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville. (Klimkina, Alina) |
| Filing 33 RESPONSE to Motion re #31 MOTION to Stay re #26 Memorandum & Opinion,, #27 Order on Motion for Preliminary Injunction,,, Order on Motion for Permanent Injunction,,,,, filed by Christopher Frost. (Attachments: #1 Exhibit 1 - Civil Appeal Statement, #2 Exhibit 2 - Renewal Letter, #3 Exhibit 3 - Redbook Section 4.5.2, #4 Exhibit 4 - Nonrenewal Notice, #5 Exhibit 5 - Grievance, #6 Exhibit 6 - Class Schedules) (Eade, Mary) |
| Filing 32 USCA, 6th Circuit Case Number 19-5624 for #30 Notice of Appeal. (RLJ) |
| Filing 31 MOTION to Stay re #26 Memorandum & Opinion,, #27 Order on Motion for Preliminary Injunction,,, Order on Motion for Permanent Injunction,,,,, by Defendants Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Klimkina, Alina) |
| Filing 30 NOTICE OF APPEAL as to #26 Memorandum Opinion and #27 Order on Motion for Preliminary and Permanent Injunction by Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville. Filing fee $ 505, receipt number 0644-2881020. (Klimkina, Alina) |
Filing 29
ORDER FOR MEETING & REPORT (EBOC) by Senior Judge Charles R. Simpson III on 6/6/2019. Rule 26 Meeting Report due by 7/18/2019. cc: Counsel of Record (KD)
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| Filing 28 ANSWER to #10 Amended Complaint,,,, by Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville. (Klimkina, Alina) |
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Filing 27
ORDER FOR PRELIMINARY INJUNCTION Signed by Senior Judge Charles R. Simpson III on 5/29/2019 - Plaintiff's Amended Motion for Preliminary and Permanent Injunction (DN #21 ) is GRANTED to the extent it seeks a preliminary injunction. Plaintiff's motion to the extent it seems a permanent injunction is DENIED WITHOUT PREDJUICE. This Preliminary Injunction shall issue immediately and that no security bond need be posted. This Preliminary Injunction shall remain in effect until further order of this Court. Plaintiff's Motion for Preliminary Injunction filed on March 27, 2019 (DN #4 ) is DENIED AS MOOT. cc: Counsel (KD)
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| Filing 26 MEMORANDUM OPINION by Senior Judge Charles R. Simpson III on 5/29/2019 - Frost's motion for preliminary injunction and permanent injunction will be GRANTED IN PART and DENIED IN PART. The Court finds that Frost has met his burden of demonstrating that he is entitled to preliminary injunctive relief, that he should be fully reinstated to his tenure-track position, and that he is highly likely to succeed on the merits of this case. The Court will issue an injunction as it sees necessary to preserve the status quo of the parties. A separate order will be entered in accordance with this opinion. cc: Counsel (KD) |
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Filing 25
ORDER Signed by Senior Judge Charles R. Simpson, III on 5/16/2019, granting #20 Motion for Leave to File Excess Pages; granting #23 Motion for Leave to File Excess Pages. The Court will consider all pages of Plaintiff's Motion for Preliminary and Permanent Injunction, and his Reply, as filed with the Court. (KD)
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| Filing 24 REPLY to Response to Motion re #21 Amended MOTION for Preliminary Injunction AND PERMANENT INJUNCTION AND MEMORANDUM IN SUPPORT THEREOF filed by Christopher Frost. (Attachments: #1 Exhibit Exh 1 - 1940 Mission Statement, #2 Exhibit Exh 2 - AAUP Termination Discipline, #3 Exhibit Exh 3 - 052118 Letter, #4 Exhibit Exh 4 - Award Summary, #5 Exhibit Exh 5 - Award Checklist, #6 Exhibit Exh 6 - 020518 Fell Ltr, #7 Exhibit Exh 7 - Email re Peru Trip, #8 Exhibit Exh 8 - Dean's Guildelines for AWP, #9 Exhibit Exh 9 - PNG Appeal Form) (Hovious, R.) |
| Filing 23 MOTION for Leave to File Excess Pages to Plaintiff's Reply in Support of Motion for Injunctive Relief by Plaintiff Christopher Frost (Attachments: #1 Proposed Order) (Hovious, R.) |
| Filing 22 RESPONSE to Motion re #21 Amended MOTION for Preliminary Injunction AND PERMANENT INJUNCTION AND MEMORANDUM IN SUPPORT THEREOF filed by Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville. (Attachments: #1 Exhibit 1 - 3/13/15 Letter, #2 Exhibit 2 - Redbook Ch. 4, #3 Exhibit 3 - Invitation, #4 Exhibit 4 - Case Summary Report, #5 Exhibit 5 - Per 102, #6 Exhibit 6 - 11/6-7/18 Emails, #7 Exhibit 7 - 1/14-15/19 Emails, #8 Exhibit 8 - 1/28/19 Letter, #9 Proposed Order Denying Mtn. for Temp. Inj.) (O'Gara, Daniel) |
| Filing 21 Amended MOTION for Preliminary Injunction AND PERMANENT INJUNCTION AND MEMORANDUM IN SUPPORT THEREOF by Plaintiff Christopher Frost (Attachments: #1 Exhibit A - Admin Review Report (REDACTED), #2 Exhibit B - Notice of Appointment, #3 Exhibit C - 15-16 AWP, #4 Exhibit D - 16-17 AWP, #5 Exhibit E - 17-18 AWP, #6 Exhibit F - Merit Evaluation, #7 Exhibit G - Merit Recommendation, #8 Exhibit H - Rainforest Exit Survey, #9 Exhibit I - Student S Email (REDACTED), #10 Exhibit J - Student G Email (REDACTED), #11 Exhibit K - Student M Email (REDACTED), #12 Exhibit L - 2-27-19 Student Letter, #13 Exhibit M - Invitation, #14 Exhibit N - Personnel Policy, #15 Exhibit O - Code of Student Conduct Spring 2019, #16 Exhibit P - Schroeder Emails, #17 Exhibit Q - Frost to Schroeder, #18 Exhibit R - 1-28-19 Termination Letter, #19 Exhibit S - PNG Appeal Form Dean of Students, #20 Exhibit T - Crawfish Boil Invitations, #21 Proposed Order Preliminary Injunction) (Hovious, R.) |
| Filing 20 MOTION for Leave to File Excess Pages TO PLAINTIFF'S AMENDED MOTION FOR PRELIMINARY AND PERMANENT INJUNCTION AND MEMORANDUM IN SUPPORT THEREOF by Plaintiff Christopher Frost (Attachments: #1 Proposed Order) (Hovious, R.) |
| Filing 19 STIPULATION JOINT STIPULATION OF FACTS (Attachments: #1 Exhibit A - Case Summary Report (REDACTED)) by Christopher Frost. (Hovious, R.) |
| Schedules: Brief due by 4/30/2019. Defendants' response shall be due on or before 5/8/2019. Plaintiff's reply shall be due on or before 5/13/2019. (MEJ) |
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Filing 18
AGREED ORDER FOR EXTENSION OF TIME by Senior Judge Charles R. Simpson III on 4/25/2019. The plaintiff's deadline for filing that amended brief is hereby extended to 4/30/2019; the defendants' response shall be due on or before 5/8/2019; and the plaintiff's reply shall be due on or before 5/13/2019. cc: Counsel (MEJ)
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| Filing 17 Proposed Agreed Order/Stipulation by Christopher Frost. (Eade, Mary) |
| Filing 16 Proposed Agreed Order/Stipulation by Christopher Frost. (Eade, Mary) |
| Filing 15 STIPULATION of Facts, Proposed by Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville. (O'Gara, Daniel) |
| Filing 14 STIPULATION of Facts, Proposed by Christopher Frost. (Prizant, Loren) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Christopher Frost. Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, and University of Louisville waiver sent on 4/1/2019, answer due 5/31/2019. Document previously filed electronically as DN 12 on 4/11/2019. (Attachments: #1 Donna Ernst Waiver, #2 University of Louisville Waiver, #3 Kimberly Kempf-Leonard Waiver, #4 Laura Schroeder Waiver). (RLJ) |
| Filing 12 ERROR: Wrong event selected. Modified on 4/15/2019 (RLJ). |
| Filing 11 Summons Issued as to Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons Kempf-Leodard, #2 Summons Laura Schroeder, #3 Summons University of Louisville). (RLJ) |
| Filing 10 AMENDED COMPLAINT VERIFIED, PETITION FOR DECLARATION OF RIGHTS AND REQUEST FOR INJUNCTIVE RELIEF against Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville, filed by Christopher Frost. (Attachments: #1 Exhibit Exhibit 1 - Sexual Harrassment Prevention Policy and Procedures, #2 Exhibit Exhibit 2 - 1-28-19 Termination Letter, #3 Exhibit Exhibit 3 - 2019 Crawfish Boil, #4 Exhibit Exhibit 4 - Notice of Appointment, #5 Exhibit Exhibit 5 - 3-18-17 Merit Evaluation, #6 Exhibit Exhibit 6 - Merit Recommendation, #7 Exhibit Exhibit 7 - Rainforest Exit Survey, #8 Exhibit Exhibit 8 - Crawfish Boil Invitations, #9 Exhibit Exhibit 9 - Invitation, #10 Exhibit Exhibit 10 - 11-6-18 email from Schroeder, #11 Exhibit Exhibit 11 - 11-6-18 email from Frost, #12 Exhibit Exhibit 12 - Personnel Policy, #13 Exhibit Exhibit 13 - Frost to Schroeder, #14 Summons Donna Ernst, #15 Summons Kimberly Kempf-Leonard, #16 Summons Laura Schroeder, #17 Summons University of Louisville) (Hovious, R.) |
| Filing 9 MEMORANDUM OF PRETRIAL CONFERENCE AND ORDER for proceedings held before Senior Judge Charles R. Simpson III: Scheduling Conference held on 3/29/2019. By 3/29/2019, the parties shall confer and file an agreed standstill order. By 4/1/2019, Plaintiff shall file an amended complaint. By close of business 4/15/2019, the parties shall confer and file an agreed stipulation of facts. By 4/22/2019, Plaintiff shall file an amended brief on the motion for preliminary and permanent injunction in light of the first amended complaint. Please see Memorandum for further details. cc: Counsel of Record (KD) |
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Filing 8
ORDER by Senior Judge Charles R. Simpson, III on 3/29/2019: Neither party shall communicate to the NSF any fact respecting Dr. Frost or his NSF grant, until further order of the Court. cc: counsel (JM)
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| Filing 7 Proposed Agreed Order/Stipulation by Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville. (Klimkina, Alina) |
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Filing 6
TEXT ORDER by Senior Judge Charles R. Simpson, III on 3/28/2019. By agreement of counsel, a Conference is set for 3/29/2019 at 10:30 AM in the Court Library before Senior Judge Charles R. Simpson III. The Conference is for the purpose of discussing the matter and setting schedules. The Court will NOT entertain arguments regarding the pending #4 Motion for Preliminary and Permanent Injunction at this time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel, Alina Klimkina (RLK)
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Filing 5
ORDER signed by Judge Rebecca Grady Jennings. Upon review of this matter, the undersigned has determined that recusal is required pursuant to 28 U.S.C. 455. Accordingly, it is hereby ORDERED that District Judge Rebecca Grady Jennings RECUSES from this matter and the action is reassigned to the docket of District Judge Charles R. Simpson, III, United States District Court Judge, for all further proceedings. Counsel are requested to change the Civil action number to reflect the initials CRS on all further pleadings. cc: Counsel; Defendants; RK (CDF)
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| Filing 4 MOTION for Preliminary Injunction, MOTION for Permanent Injunction by Plaintiff Christopher Frost (Attachments: #1 Exhibit A - Admin Review Report (REDACTED), #2 Exhibit B - Notice of Appointment, #3 Exhibit C - 15-16 AWP, #4 Exhibit D - 16-17 AWP, #5 Exhibit E - 17-18 AWP, #6 Exhibit F - Merit Evaluation, #7 Exhibit G - Merit Recommendation, #8 Exhibit H - Rainforest Exit Survey, #9 Exhibit I - Student S Email (REDACTED), #10 Exhibit J - Student G Email (REDACTED), #11 Exhibit K - Student M Email (REDACTED), #12 Exhibit L - 2-27-19 Student Letter, #13 Exhibit M - Invitation, #14 Exhibit N - Personnel Policy, #15 Exhibit O - Redbook Chapter 4, #16 Exhibit P - Schroeder Emails, #17 Exhibit Q - Frost to Schroeder, #18 Exhibit R - 1-28-19 Termination Letter, #19 Exhibit S - Crawfish Boil Invitations, #20 Proposed Order) (DJT) |
| Filing 3 Summons Issued as to Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es).**ATTESTED COPIES EMAILED TO COUNSEL THIS DATE** (Attachments: #1 Summons Schroeder, #2 Summons Kempf-Leonard, #3 Summons Ernst) (DJT) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (DJT) |
| Filing 1 VERIFIED COMPLAINT, PETITION FOR DECLARATION OF RIGHTS AND REQUEST FOR INJUNCTIVE RELIEF against Donna Ernst, Kimberly Kempf-Leonard, Laura Schroeder, University of Louisville Filing fee $ 400, receipt number 0644-2834096, filed by Christopher Frost. (Attachments: #1 Cover Sheet, #2 Exhibit 1 - Sexual Harrassment Prevention Policy and Procedures, #3 Exhibit 2 - Notice of Appointment, #4 Exhibit 3 - 3-18-17 Merit Evaluation, #5 Exhibit 4 - Merit Recommendation, #6 Exhibit 5 - Rainforest Exit Survey, #7 Exhibit 6 - Crawfish Boil Invitations, #8 Exhibit 7 - Invitation, #9 Exhibit 8 - 11-6-18 email from Schroeder, #10 Exhibit 9 - 11-6-18 email from Frost, #11 Exhibit 10 - Personnel Policy, #12 Exhibit 11 - Frost to Schroeder) (DJT) |
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