Scheppele et al v. The Board of Trustees of Billings, Montana, School District No. 2 et al
| Michael Scheppele and James Y. Wilson |
| The Board of Trustees of Billings, Montana, School District No. 2, Janna Hafer, Roger Santala, Jennifer Hoffman, Tanya Ludwig, Teresa Larsen, Scott McCulloch, Zack Terakedis, John Vonlangen, Craig Van Nice, K. V. Aldrich and Russell Hall |
| 1:2023cv00022 |
| March 7, 2023 |
| US District Court for the District of Montana |
| Brian Morris |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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Filing 37
ORDER granting #34 Motion to Vacate #34 Unopposed MOTION to Vacate Dates, Deadlines, Hearing and Stay Proceedings until August 8th, 2023. Signed by Judge Brian Morris on 4/20/2023. (KAH)
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Filing 36
ORDER; Upon consideration of Plaintiffs motion to dismiss Defendants Jennifer Hoffman and Russell Hall and amend the case caption to reflect this change, and good cause appearing, IT IS HEREBY ORDERED that Plaintiffs motion is granted and Defendants Jennifer Hoffman and Russell Hall are dismissed from this action and the caption is amended to reflect their dismissal. Signed by Judge Brian Morris on 4/20/2023. (TLO)
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| Filing 35 Unopposed MOTION to Dismiss Defendants Hoffman and Hall and Amend Case Caption. Joel Grant Krautter appearing for Plaintiffs Michael Scheppele, James Y. Wilson. (Attachments: #1 Text of Proposed Order) (Krautter, Joel) |
| Filing 34 Unopposed MOTION to Vacate Dates, Deadlines, Hearing and Stay Proceedings until August 8th, 2023. Joel Grant Krautter appearing for Plaintiffs Michael Scheppele, James Y. Wilson. (Attachments: #1 Text of Proposed Order) (Krautter, Joel) |
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Filing 33
ORDER: Plaintiffs' #19 Motion for a Temporary Restraining Order or Preliminary Junction is DENIED. Signed by Judge Brian Morris on 4/11/2023. (ACC)
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| Filing 32 STATEMENT OF STIPULATED FACTS by Janna Hafer, Russell Hall, Jennifer Hoffman, Teresa Larsen, Tanya Ludwig, Scott McCulloch, Roger Santala, Zack Terakedis, The Board of Trustees of Billings, Montana, School District No. 2, Craig Van Nice, John Vonlangen. (Stewart, Ryan) |
| Filing 31 MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held on 4/4/2023. Counsel Joel Krautter with Plaintiff James Wilson present for Plaintiff; Counsel Laurence Martin (by ZOOM), Counsel Ryan Stewart with Deft Craig Van Nice, Jeffrey Weldon with Deft Scott McCulloch, present for Defendants; and, Counsel Melissa Williams and Mark English, Kevin Gillen and Defendant Kathrine Aldrich (by ZOOM) present on behalf of K.V. Aldrich. Hearing in regard to 48 First MOTION for Temporary Restraining Order. Counsel Krautter advises court on status of Stipulated Facts. Defense Witnesses Sworn and Examined: Scott McCulloch. Counsel with argument. Stipulated Facts will be marked as Exhibit 600 and submitted to court. Katherine Aldrich advises court on the status of ballots. Matter is submitted; Order to follow. Hearing commenced at 1:41 p.m. and concluded at 3:14 p.m. (Court Reporter Yvette Heinze.) (Defense Exhibits Admitted: 500, 501 & 503 (video uploaded to records drive for archival retention. USB forwarded to BMM Chambers), (Law Clerk: K. Gerbstach), (Hearing held in Charles Pray Courtroom (Great Falls) (ACC) (Additional attachment(s) added on 4/4/2023: #1 Exhibit 500 - Dec. 9, 2022, #2 Exhibit 501 - Dec. 15, 2022) (ACC). Modified on 4/4/2023 (ACC). |
| Filing 30 RESPONSE to Motion re #19 First MOTION for Temporary Restraining Order Response Brief in Opposition filed by K. V. Aldrich. (Williams, Melissa) |
| Filing 29 REPLY to Response to Motion re #19 First MOTION for Temporary Restraining Order filed by Michael Scheppele, James Y. Wilson. (Krautter, Joel) |
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Filing 28
ORDER granting #27 Motion for Leave to Appear as to Laurence Martin. Signed by Judge Brian Morris on 3/31/2023. (zoom link emailed to counsel) (MMS)
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| Filing 27 MOTION for Leave to Appear for Laurence R. Martin to Attend Hearing by Video. Ryan A. Stewart appearing for Defendants Janna Hafer, Russell Hall, Jennifer Hoffman, Teresa Larsen, Tanya Ludwig, Scott McCulloch, Roger Santala, Zack Terakedis, The Board of Trustees of Billings, Montana, School District No. 2, Craig Van Nice, John Vonlangen. (Attachments: #1 Text of Proposed Order Order Allowing Laurence R. Martin to Attend Hearing by Video) (Stewart, Ryan) |
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Filing 26
ORDER granting #25 Motion to Appear by Zoom. Zoom link emailed to counsel. Signed by Judge Brian Morris on 3/30/2023. (KAH)
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| Filing 25 MOTION to Appear by Video Melissa Williams appearing for Defendant K. V. Aldrich (Attachments: #1 Supplement Proposed Order to Allow Video Appearance) (Williams, Melissa) |
| Filing 24 NOTICE of Appearance by Mark A. English on behalf of K. V. Aldrich (English, Mark) |
| Filing 23 MINUTE ENTRY for proceedings held before Judge Brian Morris: Telephonic Status Conference held on 3/23/2023. IT IS HEREBY ORDERED that a Motion Hearing is set for 4/4/2023 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Parties wanting to appear by Zoom will need to file a motion. (Law Clerk: K. Gerbatsch), (SLL) |
| Filing 22 RESPONSE to Motion re #19 First MOTION for Temporary Restraining Order filed by Janna Hafer, Russell Hall, Jennifer Hoffman, Teresa Larsen, Tanya Ludwig, Scott McCulloch, Roger Santala, Zack Terakedis, The Board of Trustees of Billings, Montana, School District No. 2, Craig Van Nice, John Vonlangen. (Stewart, Ryan) |
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Filing 21
PRELIMINARY PRETRIAL CONFERENCE ORDER; Preliminary Pretrial Statement due by 4/26/2023. Joint Discovery Plan due by 4/26/2023. Statement of Stipulated Facts due by 4/26/2023. Telephonic Pretrial Conference set for 5/3/2023 at 01:45 PM before Judge Brian Morris. Signed by Judge Brian Morris on 3/22/2023. (TLO)
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| Filing 20 Brief/Memorandum in Support re #19 First MOTION for Temporary Restraining Order filed by Michael Scheppele, James Y. Wilson. (Attachments: #1 Exhibit 1, Billings School District Policy 1105, #2 Exhibit 2, Letter from Weldon to Board of Trustees, Sept. 16, 2021, #3 Exhibit 3, Billings School District Policy 1111, #4 Exhibit 4, Map of Current Single Member Districts, #5 Exhibit 5, Map of Proposed Single Member Districts, #6 Exhibit 6, Minutes of Dec. 15, 2022, Special Meeting, #7 Exhibit 7, Resolution Calling for Elementary/High School Elections, #8 Exhibit 8, Map of Elementary Trustee Districts on Website, #9 Exhibit 9, Resolution #2023-03/20, #10 Exhibit 10, New Proposed Single Member Districts, #11 Exhibit 11 Aff. of James Y. Wilson, #12 Exhibit 12 Aff. of Michael Scheppele, #13 Exhibit 13 District Population Data from County) (Krautter, Joel) Modified on 3/22/2023 to clean up text (ACC). |
| Filing 19 First MOTION for Temporary Restraining Order Joel Grant Krautter appearing for Plaintiffs Michael Scheppele, James Y. Wilson (Krautter, Joel) |
| Filing 18 NOTICE of Appearance by Ryan A. Stewart on behalf of Janna Hafer, Russell Hall, Jennifer Hoffman, Teresa Larsen, Tanya Ludwig, Scott McCulloch, Roger Santala, Zack Terakedis, The Board of Trustees of Billings, Montana, School District No. 2, Craig Van Nice, John Vonlangen (Stewart, Ryan) |
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Filing 17
Order Setting: Upon consideration of Plaintiffs' #16 motion to set a telephonic status conference, and good cause appearing, IT IS HEREBY ORDERED that Plaintiffs' motion is granted and a telephonic status conference is set for March 23, 2023 at 4:30 p.m. The call-in number is as follows: 877-402-9753; access code: 5136505 before Judge Brian Morris. Signed by Judge Brian Morris on 3/20/2023. (ACC)
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| Filing 16 Unopposed MOTION for Hearing Telephonic Status Conference Joel Grant Krautter appearing for Plaintiffs Michael Scheppele, James Y. Wilson (Attachments: #1 Exhibit A - Current Trustee Districts, #2 Exhibit B - New Proposed District Map, #3 Text of Proposed Order Setting Status Conference) (Krautter, Joel) Modified on 4/4/2023 (ACC). |
| Filing 15 NOTICE of Appearance by Melissa Williams on behalf of K. V. Aldrich (Williams, Melissa) |
| Filing 14 WAIVER OF SERVICE Returned Executed by K. V. Aldrich. K. V. Aldrich waiver sent on 3/8/2023, answer due 5/8/2023. (Williams, Melissa) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Zack Terakedis. Zack Terakedis waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Teresa Larsen. Teresa Larsen waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Tanya Ludwig. Tanya Ludwig waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Scott McCulloch. Scott McCulloch waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Russell Hall. Russell Hall waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Roger Santala. Roger Santala waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 7 WAIVER OF SERVICE Returned Executed by John Vonlangen. John Vonlangen waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Jennifer Hoffman. Jennifer Hoffman waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Janna Hafer. Janna Hafer waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Craig Van Nice. Craig Van Nice waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 3 WAIVER OF SERVICE Returned Executed by The Board of Trustees of Billings, Montana, School District No. 2. The Board of Trustees of Billings, Montana, School District No. 2 waiver sent on 3/8/2023, answer due 5/8/2023. (Stewart, Ryan) |
| Filing 2 Summons Issued as to All Defendants. Issued summons may be downloaded and printed by counsel for service. (Attachments: #1 Summons_Larsen, #2 Summons_McCulloch, #3 Summons_Terakedis, #4 Summons_Vonlangen, #5 Summons_Van Nice, #6 Summons_Aldrich, #7 Summons_Board of Trustees, #8 Summons_Hafer, #9 Summons_Hall, #10 Summons_Santala, #11 Summons_Ludwig) (MMS) |
| Filing 1 COMPLAINT against All Defendants, filed by James Y. Wilson, Michael Scheppele. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (MMS) |
| Filing fee: $ 402.00, receipt number AMTDC-3032802 (MMS) |
| Judge Brian Morris added. (JDH) |
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