Brooks et al v. Francis Howell School District et al
Ken Gontarz, Katherine Rash and Christopher Brooks |
Francis Howell School District, Mary Lange, Michael Hoehn, Janet Stiglich, Patrick Lane, Chad Lange, Doug Ziegemeier, Michelle Walker and Nathan Hoven |
4:2022cv00169 |
February 11, 2022 |
US District Court for the Eastern District of Missouri |
Stephen R Clark |
Civil Rights: Other |
28 U.S.C. § 1983 Civil Rights |
None |
Docket Report
This docket was last retrieved on April 21, 2022. A more recent docket listing may be available from PACER.
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Filing 45 Plaintiffs' REPLY to #44 POST-HEARING BRIEF re #3 MOTION for Preliminary Injunction Plaintiffs' Post-Hearing Reply Brief by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Attachments: #1 Affidavit Kolde Supplemental Declaration)(Kolde, Endel) Modified on 4/11/2022 (CBL). |
Filing 44 POST-HEARING RESPONSE BRIEF re 31 Motion Hearing, #3 MOTION for Preliminary Injunction by Defendants Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Attachments: #1 Exhibit Exhibit 1- Policy 0510, #2 Exhibit Exhibit 2- Preliminary Injunction Transcript Excerpts, #3 Exhibit Exhibit 3- Policy 4832CR, #4 Exhibit Exhibit 4- March 2022 Correspondence (redacted), #5 Exhibit Exhibit 5- Policy 0380)(Marriott, Jeffrey) Modified text on 4/6/2022 (JAB). |
Filing 43 MEMORANDUM in Support of Motion re #42 MOTION to Dismiss Defendants' Partial Motion to Dismiss Amended Complaint :Failure to State a Claim Memorandum in Support of Partial Motion to Dismiss Amended Complaint filed by Defendants Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker. (Marriott, Jeffrey) |
Filing 42 MOTION to Dismiss Defendants' Partial Motion to Dismiss Amended Complaint :Failure to State a Claim by Defendants Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Marriott, Jeffrey) |
Filing 41 ANSWER to #28 Amended Complaint, Defendants Francis Howell School District and Mary Lange's Answer to Amended Complaint by Francis Howell School District, Mary Lange.(Marriott, Jeffrey) |
Filing 40 Electronic Notice Re: #37 Notice (Other), filed by Defendants Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. Counsel are reminded that discovery documents are not accepted by the Court. See Rule 3.02 (FRCP 26) Filing of Discovery and Disclosure Materials:(A) In civil actions, discovery and disclosure materials pursuant to Fed.R.Civ.P. 26, 30, 31, 33, 34, 35, and 36, and the certificates of their service, shall not be filed with the Court except as exhibits to a motion or memorandum. (JAB) |
Filing 39 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Endel Kolde. ADR Completion Deadline due by 6/15/2022. ADR Compliance Report Deadline due by 6/29/2022. Designation of Neutral/Conference Report due by 4/29/2022. Signed by District Judge Stephen R. Clark on 4/1/22. (JAB) |
Filing 38 TRANSCRIPT ORDER REQUEST for 31 (MOTION HEARING) Preliminary Injunction Hearing by Francis Howell School District for proceedings held on March 23, 2022 court reporter Reagan A. Fiorino before Judge Stephen R. Clark.. (Marriott, Jeffrey) cc: Reagan Fiorino on 4/1/2022 (JAB). |
Filing 37 NOTICE by Defendants Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier Notice of Service of Defendants Joint Initial Rule 26 Disclosures (Wilson, Matthew) |
Filing 36 POST HEARING BRIEF re 31 Motion Hearing on #3 MOTION for Preliminary Injunction by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Attachments: #1 Affidavit Kolde Declaration re transcript, #2 Exhibit Ex. Y: Excerpts from PI hearing transcript)(Kolde, Endel) Modified on 3/31/2022 (CBL). (Attachment 2 replaced on 3/31/2022) (CBL). |
Filing 35 TRANSCRIPT of 31 (PRELIMINARY INJUNCTION HEARING) held on March 23, 2022 before Honorable Stephen R. Clark. Court Reporter/Transcriber Reagan Fiorino, Reagan_Fiorino@moed.uscourts.gov, 314-244-7989. 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. Redaction Request due 4/15/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/23/2022. (CBL) |
Filing 34 TRANSCRIPT ORDER REQUEST for 31 (MOTION HEARING) by Christopher Brooks, Ken Gontarz, Katherine Rash for proceedings held on 03/23/2022 court reporter Reagan Fiorino before Judge Stephen R. Clark. (Hanson, Stacy) (Request forwarded to Court Reporter on 3/25/2022.) (CBL). |
Filing 33 EXHIBITS Received: for Preliminary Injunction Hearing held on March 23, 2022. Plaintiffs' exhibits S, T, U,V, W, and X, and Defendants' exhibit 7 received by the Court and stored in the Clerk's Office file room. (CBL) |
Filing 32 CLERK'S EXHIBIT LIST as to Preliminary Injunction Hearing held on March 23, 2022. (CBL) |
Filing 31 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen R. Clark: Motion Hearing held on 3/23/2022 re #3 MOTION for Preliminary Injunction filed by Christopher Brooks, Ken Gontarz, Katherine Rash. The Court orders that all evidence submitted via electronic filing thus far, including Declarations, Affidavits and Exhibits thereto are deemed admitted for purposes of this hearing. Arguments heard. Additional exhibits admitted (see exhibit list). Defendants' #20 Motion to Dismiss is Denied as Moot with the filing of the Amended Complaint. Post Hearing Briefing is set as follows: Plaintiffs' Post Hearing Brief shall be filed by March 30, 2022. Defendants' Response is due April 5, 2022. Any Reply by Plaintiffs must be filed by April 8, 2022, at which point the matter will be taken under submission. (Court Reporter:Reagan Fiorino, Reagan_Fiorino@moed.uscourts.gov, 314-244-7989) (proceedings started: 9:10 a.m.) (proceedings ended: 11:27 a.m.) (Deputy Clerk: C. Long)(Appearance for Plaintiff: Endel Kolde, Stacy Hanson)(Appearance for Defendant: Jeffrey (Drew) Marriott) (CBL) |
Filing 30 Docket Text ORDER: The Court Denies #20 Defendants' MOTION to Dismiss as Moot with the filing of the Amended Complaint #28 . Signed by District Judge Stephen R. Clark on 3/23/2022. (CBL) |
Filing 29 SUPPLEMENTAL re #28 Amended Complaint, Redline of First Amended Complaint by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Kolde, Endel) |
Filing 28 AMENDED COMPLAINT for Declaratory, Injunctive, and Other Relief against defendant All Defendants Amendment to #1 Complaint,,, 02/14/2022 Summons(es) issued, for Declaratory, Injunctive, and Other Relief, filed by Katherine Rash, Christopher Brooks, Ken Gontarz. Related document: #1 Complaint,,, filed by Christopher Brooks, Ken Gontarz, Katherine Rash.(Kolde, Endel) |
Filing 27 STATUS REPORT re Order ECF No. 24 by Christopher Brooks, Ken Gontarz, Katherine Rash. (Kolde, Endel) |
Filing 26 RESPONSE TO COURT ORDER re #25 Response to Court Order, #23 Response to Court Order, Defendants Alternative Proposed Order by Defendants Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Marriott, Jeffrey) |
Filing 25 RESPONSE TO COURT ORDER re #23 Response to Court Order, Defendants Cover Letter for Alternative Proposed Order by Defendants Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Marriott, Jeffrey) |
Filing 24 Docket Text ORDER: The Court orders the parties to meet and confer, and submit a joint status report, by 5:00 p.m. on March 22, 2022, regarding Defendants' #20 Partial Motion to Dismiss and how it impacts whether and to what extent the court can provide injunctive relief in this case. The Court also directs the parties to be prepared to discuss the topic at the preliminary injunction hearing. (Status Report due by 3/22/2022.) Signed by District Judge Stephen R. Clark on 3/21/22. (JAB) |
Filing 23 RESPONSE TO COURT ORDER re #18 Case Management Order - Plaintiffs' Proposed Order on #3 MOTION for Preliminary Injunction by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Kolde, Endel) (Modified on 3/21/2022 to clarify text.) (CBL). |
Filing 22 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Attachments: #1 Affidavit Brooks Supplemental Declaration, #2 Affidavit Rash Supplemental Declaration, #3 Affidavit Gontarz Supplemental Declaration, #4 Exhibit Ex. M: agenda items, #5 Exhibit Ex. N: patron comment, #6 Exhibit Ex. O: CRT middle school, #7 Exhibit Ex. P: fact sheet, #8 Exhibit Ex. Q: CRT evidence, #9 Exhibit Ex. R: inappropriate books)(Kolde, Endel) |
Filing 21 MEMORANDUM in Support of Motion re #20 MOTION to Dismiss Defendants' Partial Motion to Dismiss :Failure to State a Claim Memorandum In Support of Partial Motion to Dismiss filed by Defendants Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Wilson, Matthew) |
Filing 20 MOTION to Dismiss Defendants' Partial Motion to Dismiss :Failure to State a Claim by Defendants Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Wilson, Matthew) |
Filing 19 ANSWER to #1 Complaint,,, Defendants Francis Howell School District and Mary Lange's Answer to the Complaint by Francis Howell School District, Mary Lange.(Wilson, Matthew) |
Filing 18 CASE MANAGEMENT ORDER: The Court orders that the following schedule applies in this case, and, as explained at the Rule 16 Conference, will be modified only upon a showing of exceptional circumstances: (SEE ORDER FOR DETAILS) This case is assigned to Track: 1, ( Hearing on Motion for Preliminary Injunction set for 3/23/2022 09:00 AM in Courtroom 14N - St. Louis before District Judge Stephen R. Clark.) Motion to Join Parties due by 4/15/2022. Discovery Completion due by 6/15/2022. ADR Future Reference 4/1/2022. Dispositive Motions due by 7/15/2022. Bench Trial set for 11/14/2022 09:00 AM in Courtroom 14N - St. Louis before District Judge Stephen R. Clark. Pretrial Conference set for 11/7/2022 09:00 AM in Courtroom 14N - St. Louis before District Judge Stephen R. Clark.. Signed by District Judge Stephen R. Clark on 3/9/2022. (CLO) (Main Document 18 replaced on 3/10/2022 with corrected document showing correct year for pretrial conference and bench trial. NEF regenerated.) (CBL). |
Filing 17 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen R. Clark:Rule 16 Conference held on 3/9/2022. Conference held via Zoom Teleconference. CMO to issue. (Notice only, no.pdf attached.). (proceedings started: 10:31 am) (proceedings ended: 10:59 am) (Appearance for Plaintiff: Endel Kolde, Stacy Hanson)(Appearance for Defendant: Jeffrey Marriott, Matthew Wilson) (CLO) |
Filing 16 MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction Defendants' Memorandum In Opposition to Motion for Preliminary Injunction filed by Defendants Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Attachments: #1 Exhibit Exhibit 1-FHSD Reg 1471, #2 Exhibit Exhibit 2-FHF Main Page, #3 Exhibit Exhibit 3-CFFH About Page, #4 Exhibit Exhibit 4-MEC FHF Summary, #5 Exhibit Exhibit 5- Declaration of Mary Lange)(Wilson, Matthew) |
Filing 15 JOINT SCHEDULING PLAN by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Kolde, Endel) Modified on 3/4/2022 (CBL). |
Filing 14 Docket Text ORDER: The Court continues the Rule 16 conference to March 9, 2022 at 10:20 a.m. by Zoom. Lead trial counsel must attend the conference. Signed by District Judge Stephen R. Clark on 3/3/2022. (CBL) |
Filing 13 ORDER SETTING RULE 16 CONFERENCE. (See Full Order.) This case is assigned to Track: 1 - Expedited. Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a scheduling conference is set for March 8, 2022 at 4:00 p.m. CT by Zoom. Conference participants will receive an email with a link to access the conference. Lead trial counsel must participate in the conference. At the conference, counsel will be expected to discuss in detail all matters covered by Rule 16 and all matters set forth in their joint proposed scheduling plan described in paragraph 3 below. A firm and realistic trial setting will be established at or shortly after the conference. (Joint Scheduling Plan due by 3/4/2022. Rule 16 Conference set for 3/8/2022 04:00 PM in Zoom Video Conference before District Judge Stephen R. Clark.) Signed by District Judge Stephen R. Clark on 2/25/2022. (CBL) |
Filing 12 AFFIDAVIT re #4 Memorandum in Support of Motion,, #3 MOTION for Preliminary Injunction (service of same on all defendants) by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Kolde, Endel) |
Filing 11 SUMMONS Returned Executed filed by Katherine Rash, Christopher Brooks, Ken Gontarz. All Defendants. (Attachments: #1 Summons C. Lange service return, #2 Summons Ziegemeir service return, #3 Summons Stiglich service return, #4 Summons M. Lange service return, #5 Summons Hoehn service return, #6 Summons Walker service return, #7 Summons Hoven service return, #8 Summons Lane service return)(Kolde, Endel) |
Filing 10 ENTRY of Appearance by Matthew D. Wilson for Defendants Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Wilson, Matthew) |
Filing 9 ENTRY of Appearance by Jeffrey A. Marriott for Defendants Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier. (Marriott, Jeffrey) |
Filing 8 NOTICE OF PROCESS SERVER by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash (Hanson, Stacy) |
Filing 7 Docket Text ORDER: The Court grants #6 Motion for Leave to Appear Pro Hac Vice. Signed by District Judge Stephen R. Clark on 2/16/22. (JAB) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice Endel Kolde. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-9131022) by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Attachments: #1 Certificate of Good Standing WA Certificate of Good Standing)(Kolde, Endel) |
Filing 5 REASSIGNMENT ORDER (GJL). At the direction of the Court, IT IS HEREBY ORDERED that the above cause is randomly reassigned to the Honorable Stephen R. Clark for all further proceedings. (KXS) |
Filing 4 MEMORANDUM in Support of Motion re #3 MOTION for Preliminary Injunction filed by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration, #3 Exhibit Declaration, #4 Exhibit article, #5 Exhibit Policy 1455, #6 Exhibit Policy 1471, #7 Exhibit email ML/KG, #8 Exhibit email ML/KS, #9 Exhibit newsletter, #10 Exhibit action center, #11 Exhibit viewpoints, #12 Exhibit endorsements, #13 Exhibit meeting schedule, #14 Exhibit Policy 412, #15 Exhibit MO ethics commission)(Hanson, Stacy) |
Filing 3 MOTION for Preliminary Injunction by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash. (Attachments: #1 Text of Proposed Order Proposed Order)(Hanson, Stacy) |
Case Opening Notification. Judge Assigned: Honorable Rodney W. Sippel. 9 Summons(es) issued and emailed to attorney Stacy Hanson. (JWD) |
Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Christopher Brooks, Ken Gontarz, Katherine Rash Process Server: Eastern Missouri Legal Services (Hanson, Stacy) |
Filing 1 COMPLAINT against defendant Francis Howell School District, Michael Hoehn, Nathan Hoven, Patrick Lane, Chad Lange, Mary Lange, Janet Stiglich, Michelle Walker, Doug Ziegemeier with receipt number AMOEDC-9125005, in the amount of $402 Non-Jury Demand,, filed by Katherine Rash, Christopher Brooks, Ken Gontarz. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Original Filing Form Original Filing Form, #3 Summons Chad Lange Summons, #4 Summons Doug Ziegemeier Summons, #5 Summons Janet Stiglich Summons, #6 Summons Mary Lange Summons, #7 Summons Michael Hoehn Summons, #8 Summons Michelle Walker Summons, #9 Summons Nathan Hoven Summons, #10 Summons Patrick Lane Summons)(Hanson, Stacy) (Additional attachment(s) added on 2/14/2022: #11 Summons Francis Howell School District) (Hanson, Stacy) |
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