The School of the Ozarks, Inc. v. Biden et al
| The School of the Ozarks, Inc. doing business as College of the Ozarks |
| Jeanine M. Worden, U.S. Department of Housing and Urban Development, Marcia L. Fudge and Joseph R. Biden, Jr. |
| 6:2021cv03089 |
| April 15, 2021 |
| US District Court for the Western District of Missouri |
| Roseann Ketchmark |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 30 USCA Case Number from 8th USCA is 21-2270 for #26 Notice of Appeal filed by The School of the Ozarks, Inc.. Briefing schedule entered by the Court of Appeals is attached. Transcript due by 7/19/2021. (Attachments: #1 Briefing Schedule)(Keller, Jeanne) |
Filing 29
ORDER denying #22 Motion for preliminary injunction pending appeal. Signed on 6/9/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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| Set/Reset Deadlines as to #28 SUGGESTIONS IN OPPOSITION re #22 MOTION for preliminary injunction pending appeal (Defendants' Suggestions in Opposition to Motion for Injunction Pending Appeal). Reply suggestions due by 6/22/2021 unless otherwise directed by the court. (Crocker, Susan) |
| Filing 28 SUGGESTIONS IN OPPOSITION re #22 MOTION for preliminary injunction pending appeal (Defendants' Suggestions in Opposition to Motion for Injunction Pending Appeal) filed by James Luh on behalf of All Defendants. Reply suggestions due by 6/22/2021 unless otherwise directed by the court. (Related document(s) #22 ) (Luh, James) Modified on 6/9/2021 to correct docket event (Crocker, Susan). |
| Filing 27 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #26 Notice of Appeal. (Furtak, Rebecca) |
| Filing 26 NOTICE OF APPEAL as to #24 Order on Motion for Preliminary Injunction, #25 Clerk's Judgment by The School of the Ozarks, Inc.. Filing fee $ 505, receipt number AMOWDC-7445181. (Blake, Julie) |
| Filing 25 CLERK'S JUDGMENT (Wheeler, LaTandra) |
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Filing 24
ORDER: (1) dismissing Plaintiff's motion for temporary restraining order and preliminary injunction (Doc. #2 ) and (2) dismissing the case. Signed on 6/4/2021 by District Judge Roseann Ketchmark. (Skelton, Sara) Modified on 6/9/2021 to correct linked document (Crocker, Susan).
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| Filing 23 ELECTRONIC TRANSCRIPT of Evidentiary Hearing - Videoconference held 05/19/2021 before Judge Roseann Ketchmark. Court Reporter: Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. Number of pages: 78. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 6/4/2021 unless otherwise directed by the court. Release of Transcript Restriction set for 8/26/2021. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Crawford, Jean) Modified on 5/28/2021: Main document replaced. NEF regenerated. (Melvin, Greg) |
| Filing 22 MOTION for preliminary injunction pending appeal filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. Suggestions in opposition/response due by 6/8/2021 unless otherwise directed by the court. (Attachments: #1 Suggestions in Support)(Blake, Julie) |
| Filing 21 Minute Entry. Proceedings held before District Judge Roseann Ketchmark: denying #2 motion for temporary restraining order and preliminary injunction; EVIDENTIARY HEARING held on 5/20/2021. Proceedings held as noted on the record. Written order to follow. Counsel appearing for Plaintiff: Julie Marie Blake, Matthew S. Bowman. Counsel appearing for Defendants: James Luh, Serena M. Orloff. Time in court: 3:32 pm to 5:49 pm. To order a transcript of this hearing please contact Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara) |
| Filing 20 REPLY SUGGESTIONS to motion re #2 MOTION for preliminary injunction MOTION for temporary restraining order filed by Julie Marie Blake on behalf of Plaintiff The School of the Ozarks, Inc.. (Related document(s) #2 ) (Blake, Julie) |
| Filing 19 SUGGESTIONS in opposition re #2 MOTION for preliminary injunction MOTION for temporary restraining order filed by James Luh on behalf of Defendants Joseph R. Biden, Jr, Marcia L. Fudge, U.S. Department of Housing and Urban Development, Jeanine M. Worden. Reply suggestions due by 5/20/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #2 ) (Luh, James) |
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Filing 18
ORDER granting #17 motion for leave to file excess pages: (1) Defendants may file suggestions in opposition up to 35 pages in excess of the limitation set forth in Local Rule 7.0(d); (2) Plaintiff may file reply suggestions up to 20 pages in excess of the limitation set forth in Local Rule 7.0(d). Signed on 5/5/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
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| Filing 17 Consent MOTION for leave to file excess pages filed by Serena M Orloff on behalf of Joseph R. Biden, Jr, Marcia L. Fudge, U.S. Department of Housing and Urban Development, Jeanine M. Worden. Suggestions in opposition/response due by 5/19/2021 unless otherwise directed by the court. (Orloff, Serena) |
| Filing 16 NOTICE of appearance by Charles M. Thomas on behalf of All Defendants (Attorney Charles M. Thomas added to party Joseph R. Biden, Jr(pty:dft), Attorney Charles M. Thomas added to party Marcia L. Fudge(pty:dft), Attorney Charles M. Thomas added to party U.S. Department of Housing and Urban Development(pty:dft), Attorney Charles M. Thomas added to party Jeanine M. Worden(pty:dft))(Thomas, Charles) |
| Filing 15 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction set for 5/19/2021 03:30 PM in Video Teleconference before District Judge Roseann Ketchmark. (Skelton, Sara) |
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Filing 14
ORDER denying #12 motion for extension of time to file response; denying #12 motion for briefing schedule. Signed on 4/26/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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| Filing 13 SUGGESTIONS in opposition re #12 MOTION for extension of time to file response/reply as to #2 MOTION for preliminary injunction MOTION for temporary restraining order MOTION for order Briefing Schedule re #1 Complaint,, #2 MOTION for preliminary injunction MOTION for temporary restraining order (Defendants' Motion for Briefing Schedule) filed by Julie Marie Blake on behalf of Plaintiff The School of the Ozarks, Inc.. Reply suggestions due by 5/7/2021 unless otherwise directed by the court. (Related document(s) #12 ) (Blake, Julie) |
| Filing 12 MOTION for extension of time to file response/reply as to #2 MOTION for preliminary injunction MOTION for temporary restraining order , MOTION for order Briefing Schedule re #1 Complaint,, #2 MOTION for preliminary injunction MOTION for temporary restraining order (Defendants' Motion for Briefing Schedule) filed by James Luh on behalf of All Defendants. Suggestions in opposition/response due by 5/6/2021 unless otherwise directed by the court. (Related document(s) #2 #1 ) (Luh, James) |
| Filing 11 NOTICE of appearance by James Luh on behalf of All Defendants (Attorney James Luh added to party Joseph R. Biden, Jr(pty:dft), Attorney James Luh added to party Marcia L. Fudge(pty:dft), Attorney James Luh added to party U.S. Department of Housing and Urban Development(pty:dft), Attorney James Luh added to party Jeanine M. Worden(pty:dft))(Luh, James) |
| Filing 10 NOTICE of appearance by Serena M Orloff on behalf of All Defendants (Attorney Serena M Orloff added to party Joseph R. Biden, Jr(pty:dft), Attorney Serena M Orloff added to party Marcia L. Fudge(pty:dft), Attorney Serena M Orloff added to party U.S. Department of Housing and Urban Development(pty:dft), Attorney Serena M Orloff added to party Jeanine M. Worden(pty:dft))(Orloff, Serena) |
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Filing 9
ORDER granting #7 motion to appear pro hac vice entered by Clerk of Court. Attorney Greggory R Walters for The School of the Ozarks, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 8
ORDER granting #6 motion to appear pro hac vice entered by Clerk of Court. Attorney Matthew S. Bowman for The School of the Ozarks, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 7 Motion to allow Greggory R. Walters to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7385532) filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. (Blake, Julie) |
| Filing 6 Motion to allow Matthew S. Bowman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7385464) filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. (Blake, Julie) |
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Filing 5
ORDER granting #3 motion for leave to file 17 excess pages. Signed on 4/15/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
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| Filing 4 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Keller, Jeanne) |
| Filing 3 MOTION for leave to file excess pages in Suggestions in Support of Motion for Preliminary Injunction and Temporary Restraining Order filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. Suggestions in opposition/response due by 4/29/2021 unless otherwise directed by the court. (Attachments: # 1 Proposed Order)(Blake, Julie) |
| Filing 2 MOTION for preliminary injunction , MOTION for temporary restraining order filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. Suggestions in opposition/response due by 4/29/2021 unless otherwise directed by the court. (Attachments: #1 Suggestion in Support, # 2 Proposed Order)(Blake, Julie) |
| Filing 1 COMPLAINT against All Defendants filed by Julie Marie Blake on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7378687. Service due by 7/14/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Disclosure of Corporation Interests)(Blake, Julie) (Attachment 18 replaced on 4/15/2021) (Keller, Jeanne). |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the documents filed on 4/15/2021 as Document No. 2-2, Proposed Order and No. 3-1, Proposed Order. The proposed orders attached to the motions have been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Keller, Jeanne) |
| SUMMONS ISSUED as to Joseph R. Biden, Jr, Marcia L. Fudge, U.S. Department of Housing and Urban Development, Jeanine M. Worden, and U.S. Attorney, and e-mailed to Plaintiff's counsel. (Keller, Jeanne) |
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