MR DOE et al v. REGIONAL SCHOOL UNIT 21 et al
| MR DOE and MS DOE |
| REGIONAL SCHOOL UNIT 21, DR TERRI COOPER and ANITA BERNHARDT |
| 2:2023cv00466 |
| December 28, 2023 |
| US District Court for the District of Maine |
| KAREN FRINK WOLF |
| JOHN A WOODCOCK |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 RESPONSE in Opposition re #22 MOTION to Dismiss for Failure to State a Claim filed by MR DOE, MS DOE. Reply due by 3/1/2024. (O'MEARA, RICHARD) |
Filing 25
ORDER granting #3 Motion to Proceed Under Aliases ; granting #3 Motion to Seal. With the filing of the complaint in this case, the Plaintiff, who is suing individually and as the mother of her daughter, filed a motion to proceed under aliases and a motion to seal a declaration identifying the plaintiffs (ECF No. 3). On January 26, 2024, the Defendants filed an answer to the complaint and a motion to dismiss but failed to take a position on the motion to proceed under aliases and to seal. On January 29, 2024, the Court set a deadline of February 5, 2024 for the Defendants to respond to the motion to proceed under aliases and to seal, but the Defendants again failed to respond to the motion. As the Defendants have failed to object to the motion to proceed under aliases and the motion to seal, and the motions protect the privacy rights of a minor plaintiff in a case against her school administrative district and school officials, the Court concludes that the minors privacy rights exceed the right of public access pursuant to United States v. Kravetz, 706 F.3d 47 (1st Cir. 2013) and this same principle extends to the privacy rights of the mother, because to disclose the identity of the mother would for practical purposes disclose the identity of the daughter. The Court therefore GRANTS without objection, the Plaintiffs' Motion to Proceed Under Aliases and to Seal Certain Documents (ECF No. 3). The Court permanently SEALS the Motion to Proceed Under Aliases and to Seal Certain Documents (ECF No. 3) and the Sealed Document (ECF No. 4). By JUDGE JOHN A. WOODCOCK, JR. (jad)
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| Filing 24 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction filed by MR DOE, MS DOE. (Attachments: #1 Affidavit Reply Declaration of Ms. Doe i/s/o Plaintiffs' Motion for Preliminary Injunction)(O'MEARA, RICHARD) |
| Set Deadlines as to #3 MOTION to Proceed Under Aliases(Document sealed from public view) MOTION to Seal Declaration Identifying Plaintiffs per Judge Woodcock: Responses due by 2/5/2024. (jad) |
| Filing 23 RESPONSE to Motion re #5 MOTION for Preliminary Injunction filed by REGIONAL SCHOOL UNIT 21. Reply due by 2/9/2024. (Attachments: #1 Declaration of Marty Bouchard, #2 Declaration of Rachel Bratter, #3 Declaration of Gregory Hesse-Stromberg)(TAINTOR, CHRISTOPHER) Modified on 1/29/2024 to remove "Affidavit" text (jgd). |
| Filing 22 MOTION to Dismiss for Failure to State a Claim by ANITA BERNHARDT, TERRI COOPER Responses due by 2/16/2024. (TAINTOR, CHRISTOPHER) |
| Filing 21 ANSWER to #1 Complaint,, by REGIONAL SCHOOL UNIT 21.(TAINTOR, CHRISTOPHER) |
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Filing 20
ORDER granting #18 Motion for Extension of Time. All Defendants' Answers and Oppositions to the Plaintiff's Motion for Preliminary Injunction are due on January 26, 2024. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN)
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| Set Answer Deadline for All Defendants per Order No. 20: (Answer due by 1/26/2024.), Set Deadlines as to #5 MOTION for Preliminary Injunction per Order No. 20: ( Responses due by 1/26/2024.) (jad) |
| Filing 19 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. (Court Reporter: Lori Dunbar) (jad) |
| Filing 18 Consent MOTION to Extend Time to File Answer re #5 MOTION for Preliminary Injunction, #1 Complaint,, by ANITA BERNHARDT, TERRI COOPER, REGIONAL SCHOOL UNIT 21 Responses due by 2/8/2024. (TAINTOR, CHRISTOPHER) |
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Filing 17
ORDER granting #16 Motion to Withdraw as Attorney. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN)
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| Filing 16 MOTION by Attorney Jeana M. McCormick to Withdraw as Attorney by ANITA BERNHARDT, TERRI COOPER, REGIONAL SCHOOL UNIT 21 Responses due by 2/7/2024. (MCCORMICK, JEANA) |
| Filing 15 NOTICE of Appearance by CHRISTOPHER C. TAINTOR on behalf of ANITA BERNHARDT, TERRI COOPER, REGIONAL SCHOOL UNIT 21 (TAINTOR, CHRISTOPHER) |
| Filing 14 NOTICE of Hearing: Telephone Conference set for 1/19/2024 11:30 AM before JUDGE JOHN A. WOODCOCK JR. The parties have been provided the call-in information. (jad) |
| Reset Answer Deadline for ANITA BERNHARDT per Acknowledgement of Service of Anita Bernhardt: Answer due by 1/26/2024. (jad) |
| **FILED IN ERROR** Set Answer Deadline for ANITA BERNHARDT per Acknowledgement of Service of Anita Bernhardt: Answer due by 1/31/2024. (jad) Modified on 1/11/2024 to mark as filed in error, date was miscalculated by clerk's office and has been correctly reset (jad). |
| Filing 13 ACKNOWLEDGEMENT OF SERVICE Executed as to ANITA BERNHARDT served on 1/5/2024. (O'MEARA, RICHARD) |
| Filing 12 SUMMONS Returned Executed by MR DOE, MS DOE. TERRI COOPER served on 1/3/2024. (O'MEARA, RICHARD) |
| Filing 11 SUMMONS Returned Executed by MR DOE, MS DOE. REGIONAL SCHOOL UNIT 21 served on 1/3/2024. (O'MEARA, RICHARD) |
| Filing 10 NOTICE of Docket Entry Modification regarding #8 Summons Returned Executed, : Modified on 1/10/2024 by the Clerk's Office to add filed in error notation--the corrected document shall be re-filed at the request of the Clerk's office. (clp) |
| Filing 9 **FILED IN ERROR**SUMMONS Returned Executed by MR DOE, MS DOE. TERRI COOPER served on 1/2/2024. (O'MEARA, RICHARD) Modified on 1/10/2024 per request of the filer--this will be re-filed (clp). |
| Filing 8 **FILED IN ERROR**SUMMONS Returned Executed by MR DOE, MS DOE. REGIONAL SCHOOL UNIT 21 served on 1/2/2024. (O'MEARA, RICHARD) Modified on 1/10/2024 to add filed in error notation--the corrected document shall be re-filed at the request of the Clerk's office (clp). |
| Set Answer Deadline for REGIONAL SCHOOL UNIT 21 per ECF NO. 11: Answer due by 1/24/2024. (clp) |
| **FILED IN ERROR**Set Answer Deadline for TERRI COOPER per ECF no. 9: Answer due by 1/24/2024. (clp) Modified on 1/10/2024 to add filed in error notation (clp). |
| Reset Answer Deadline for TERRI COOPER per ECF No. 12: Answer due by 1/24/2024. (clp) |
| Filing 7 NOTICE of Appearance by JEANA M. MCCORMICK on behalf of All Defendants (MCCORMICK, JEANA) |
| Filing 6 Summons Issued as to ANITA BERNHARDT, TERRI COOPER & REGIONAL SCHOOL UNIT 21. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). First Attached Document: RSU 21 Summons (Attachments: #1 Cooper Summons, #2 Bernhardt Summons)(mnd) |
| Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-2894589.), filed by MR DOE, MS DOE.(O'MEARA, RICHARD) |
| Filing 5 MOTION for Preliminary Injunction filed by MR DOE, MS DOE (Attachments: #1 Declaration of Ms. Doe)(mnd) |
| Filing 4 (Document sealed from public view) SEALED DOCUMENT - Declaration of Richard L. O'Meara. (mnd) |
| Filing 3 (Document sealed from public view) MOTION to Proceed Under Aliases, MOTION to Seal Declaration Identifying Plaintiffs filed by MR DOE, MS DOE (mnd) |
| Filing 2 CIVIL COVER SHEET. (mnd) |
| Filing 1 COMPLAINT against REGIONAL SCHOOL UNIT 21, TERRI COOPER and ANITA BERNHARDT filed by MR DOE and MS DOE. Service of Process due by 3/27/2024. Fee due by 1/2/2024. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. (mnd) |
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