Clark et al v. State Public Charter School Authority et al
| William Clark and Gabrielle Clark |
| Natasha Trivers, Democracy Prep Public Schools, Inc., Kimberly Wall, Adam Johnson, Democracy Prep Nevada LLC, JOHN & JANE DOES 1-20, State Public Charter School Authority, Joseph Morgan, Democracy Prep Public Schools, Democracy Prep at the Agassi Campus, School Board of Democracy Prep at the Agassi Campus and Kathryn Bass |
| 2:2020cv02324 |
| December 22, 2020 |
| US District Court for the District of Nevada |
| Cam Ferenbach |
| Andrew P Gordon |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 60 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 2/18/2021. By Deputy Clerk: M. Johansen.On February 25, 2021, at 2:00 p.m. Judge Gordon will conduct a hearing by videoconference on plaintiffs' MOTION for Temporary Restraining Order ECF No. #19 . The courtroom administrator will provide counsel with the link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact the courtroom administrator Melissa Johansen at Melissa_Johansen@nvd.uscourts.gov. Members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the courtroom administrator by email.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.Please note: All participants are held in a videoconference waiting room until the court proceeding begins.(no image attached) (Copies have been distributed pursuant to the NEF - MAJ) |
| Filing 59 NOTICE of Corrected Image/Document re #57 Declaration by Plaintiffs Gabrielle Clark, William Clark. (Service of corrected image is attached.) (Hardy, Brian) |
| Filing 58 CLERK'S NOTICE. Attorney Action Required to ECF No. #57 . The document is deficient as it does not contain the case number. Counsel is advised to correct the deficiency and file a Notice of Corrected Image/Document and link to #57 . (no image attached) (DKJ) |
| Filing 57 VIEW #59 corrected image re DECLARATION of William Clark re #53 Reply, #55 Reply, #56 Reply, #54 Reply by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) Modified on 2/16/2021 (DKJ). |
| Filing 56 REPLY to Response to #19 Motion for TRO by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 55 REPLY to Response to #18 Motion for Preliminary Injunction by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 54 REPLY to Response to #19 Motion for TRO by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 53 REPLY to Response to #18 Motion for Preliminary Injunction by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
Filing 52
ORDER granting #48 Motion to Seal. Documents: 49 Declaration and 51 Response shall remain SEALED. Signed by Judge Andrew P. Gordon on 2/9/2021. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 50 Terminated as filed in error: duplicate of ecf no. #48 MOTION to Seal #45 Response, #44 Response, by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Hendricks, Kara) Modified on 2/9/2021 (MMM). |
| Filing 48 MOTION to Seal Exhibit J to #46 and #47 Declarations, and Exhibit 1 to #44 Response to #18 Motion for Preliminary Injunction and #45 RESPONSE to #19 Motion for TRO by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Hendricks, Kara) Modified on 2/9/2021 to add document links (MMM). |
| Filing 47 DECLARATION re #45 Response, by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Attachments: #1 Exhibit A -- Course Slides Aug 18, 2020, #2 Exhibit B -- Course Slides Aug 19, 2020, #3 Exhibit C -- Sep 14, 2020 Email, #4 Exhibit D -- Sep 16, 2020 Email, #5 Exhibit E -- Sep 18, 2020 Email, #6 Exhibit F -- Oct 19, 2020 Email, #7 Exhibit G -- Oct 19, 2020 Email, #8 Exhibit H -- Nov 16, 2020 Email, #9 Exhibit I -- Dec 14, 2020 Email, #10 Exhibit J -- Suspension Notice) (Hendricks, Kara) |
| Filing 46 DECLARATION of Adam Johnson re #44 Response, by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Attachments: #1 Exhibit A -- Course Slides Aug 18, 2020, #2 Exhibit B -- Course Slides Aug 19, 2020, #3 Exhibit C -- Sep 14, 2020 Email, #4 Exhibit D -- Sep 16, 2020 Email, #5 Exhibit E -- Sep 18, 2020 Email, #6 Exhibit F -- Oct 19, 2020 Email, #7 Exhibit G -- Oct 19, 2020 Email, #8 Exhibit H -- Nov 16, 2020 Email, #9 Exhibit I -- Dec 14, 2020 Email, #10 Exhibit J -- Suspension Notice) (Hendricks, Kara) |
| Filing 45 RESPONSE to #19 Motion for TRO by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. Replies due by 2/15/2021. (Hendricks, Kara) |
| Filing 44 RESPONSE to #18 Motion for Preliminary Injunction by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. Replies due by 2/15/2021. (Hendricks, Kara) |
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Filing 43
ORDER granting #39 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Eleanor David Davis and DESIGNATION of Local Counsel Kara B. Hendricks. Signed by Judge Andrew P. Gordon on 2/8/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS) Modified on 2/9/2021 to reflect spelling of name (MMM).
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Filing 42
ORDER granting #38 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Debo Patrick Adegbile and DESIGNATION of Local Counsel Kara B. Hendricks. Signed by Judge Andrew P. Gordon on 2/8/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS)
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Filing 41
ORDER granting #37 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Christopher Scott McAbee and DESIGNATION of Local Counsel Kara B. Hendricks. Signed by Judge Andrew P. Gordon on 2/8/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS)
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| Filing 40 RESPONSE to #18 Motion for Preliminary Injunction by Defendant State Public Charter School Authority. Replies due by 2/15/2021. (Herrick, Ryan) |
| Filing 39 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Eleanor Davis and DESIGNATION of Local Counsel Kara B. Hendricks (Filing fee $ 250 receipt number 0978-6361311) by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Hendricks, Kara) |
| Filing 38 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Debo Patrick Adegbile and DESIGNATION of Local Counsel Kara B. Hendricks (Filing fee $ 250 receipt number 0978-6361301) by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Hendricks, Kara) |
| Filing 37 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Christopher Scott McAbee and DESIGNATION of Local Counsel Kara B. Hendricks (Filing fee $ 250 receipt number 0978-6361185) by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Hendricks, Kara) |
| Filing 36 CERTIFICATE of Interested Parties by Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. There are no known interested parties other than those participating in the case (Hendricks, Kara) |
| Filing 35 SUMMONS Returned Executed by William Clark, Gabrielle Clark re #1 Complaint,, #11 Summons Issued,. State Public Charter School Authority served on 2/3/2021. (Hardy, Brian) |
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Filing 34
ORDER granting #32 and #33 Stipulations to Extend deadlines to Respond to the following Motions: #19 Motion for TRO and #18 Motion for Preliminary Injunction. Responses due by 2/8/2021. Signed by Judge Andrew P. Gordon on 1/29/2021. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 33 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond re #19 Motion for TRO by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Hendricks, Kara) |
| Filing 32 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond re #18 Motion for Preliminary Injunction by Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Hendricks, Kara) |
| Filing 31 NOTICE of Appearance by attorney Kara B. Hendricks on behalf of Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Hendricks, Kara) |
| Filing 30 NOTICE of Appearance by attorney Mark E Ferrario on behalf of Defendants Kathryn Bass, Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, Adam Johnson, Joseph Morgan, School Board of Democracy Prep at the Agassi Campus, Natasha Trivers, Kimberly Wall. (Ferrario, Mark) |
| Filing 29 WAIVER OF SERVICE Returned Executed by William Clark, Gabrielle Clark re #11 Summons Issued, #17 Summons Issued. Kathryn Bass waiver sent on 1/12/2021, answer due 3/13/2021; Democracy Prep Nevada LLC waiver sent on 1/12/2021, answer due 3/13/2021; Democracy Prep Public Schools waiver sent on 1/12/2021, answer due 3/13/2021; Democracy Prep Public Schools, Inc. waiver sent on 1/12/2021, answer due 3/13/2021; Democracy Prep at the Agassi Campus waiver sent on 1/12/2021, answer due 3/13/2021; Adam Johnson waiver sent on 1/12/2021, answer due 3/13/2021; Joseph Morgan waiver sent on 1/12/2021, answer due 3/13/2021; School Board of Democracy Prep at the Agassi Campus waiver sent on 1/12/2021, answer due 3/13/2021; Natasha Trivers waiver sent on 1/12/2021, answer due 3/13/2021; Kimberly Wall waiver sent on 1/12/2021, answer due 3/13/2021. (Hardy, Brian) |
| Filing 28 EXHIBIT 10 to #20 Declaration, by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
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Filing 27
ORDER Denying Request for Emergency Treatment and Ordering Redaction of Private Information. The following motions, #18 Motion for Preliminary Injunction and #19 Motion for TRO, will NOT be treated as emergency motions for reasons stated in the Order. Plaintiffs are also directed to file a REDACTED version of [20-10] as directed in the order by 1/25/2021. The Clerk is instructed to SEAL the version filed at [20-10]. Signed by Judge Andrew P. Gordon on 1/19/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 26
ORDER granting #3 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jonathan B. O'Brien and DESIGNATION of Local Counsel Brian R. Hardy. Signed by Judge Andrew P. Gordon on 1/19/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS)
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| Filing 25 CLERK'S NOTICE that this case is randomly reassigned to Judge Andrew P. Gordon for all further proceedings. All further documents must bear the correct case number 2:20-cv-02324-APG-VCF. (no image attached) (DKJ) |
| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/16/2021. With good cause appearing, the Honorable Judge Richard F. Boulware, II recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 23 DECLARATION of Nicole Tishkowitz re #19 Motion for TRO, #18 Motion for Preliminary Injunction by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 22 DECLARATION of William Clark re #19 Motion for TRO, #18 Motion for Preliminary Injunction by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 21 DECLARATION of Gabrielle Clark re #19 Motion for TRO, #18 Motion for Preliminary Injunction by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 20 DECLARATION of Christina Bentheim re #19 Motion for TRO, #18 Motion for Preliminary Injunction by Plaintiffs Gabrielle Clark, William Clark. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 (Sealed by Court Order), #11 Exhibit 11) (Hardy, Brian) Modified on 1/19/2021 (DRS). |
| Filing 19 MOTION for Temporary Restraining Order re #18 Motion for Preliminary Injunction by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 18 Emergency MOTION for Preliminary Injunction by Plaintiffs Gabrielle Clark, William Clark. Responses due by 1/29/2021. (Hardy, Brian) |
| Filing 17 Summons Issued as to Kathryn Bass, Adam Johnson, Joseph Morgan, Natasha Trivers, Kimberly Wall re #1 Complaint. (DRS) |
| Filing 16 PROPOSED SUMMONS to be issued Kathryn Bass by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 15 PROPOSED SUMMONS to be issued Adam Johnson by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 14 PROPOSED SUMMONS to be issued Joseph Morgan by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 13 PROPOSED SUMMONS to be issued Kimberly Wall by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 12 PROPOSED SUMMONS to be issued by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 11 Summons Issued as to Democracy Prep Nevada LLC, Democracy Prep Public Schools, Democracy Prep Public Schools, Inc., Democracy Prep at the Agassi Campus, School Board of Democracy Prep at the Agassi Campus, State Public Charter School Authority re #1 Complaint. (DRS) |
| Filing 10 PROPOSED SUMMONS to be issued School Board of Democracy Prep at the Agassi Campus by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 9 PROPOSED SUMMONS to be issued Democracy Prep Nevada LLC by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 8 PROPOSED SUMMONS to be issued Democracy Prep at the Agassi Campus by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 7 PROPOSED SUMMONS to be issued Democracy Prep Public Schools, Inc. by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 6 PROPOSED SUMMONS to be issued Democracy Prep Public Schools by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 5 PROPOSED SUMMONS to be issued State Public Charter School Authority by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 4 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DRS) |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Cam Ferenbach. (DRS) |
| Filing 3 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jonathan B. O'Brien and DESIGNATION of Local Counsel Brian R. Hardy (Filing fee $ 250 receipt number 0978-6304549) by Plaintiffs Gabrielle Clark, William Clark. (Hardy, Brian) |
| Filing 2 CERTIFICATE of Interested Parties by Gabrielle Clark, William Clark. There are no known interested parties other than those participating in the case (Hardy, Brian) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6304502) by William Clark, Gabrielle Clark. Proof of service due by 3/22/2021. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Hardy, Brian) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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