Mejia et al v. NH Department of Education, Commissioner et al
| Andres Mejia, Christina Kim Philibotte and National Education Association-New Hampshire |
| NH Department of Education, Commissioner, NH Attorney General, NH Commission for Human Rights, Executive Director, NH Commission for Human Rights, Chairperson and NH Department of Labor, Commissioner |
| 1:2021cv01077 |
| December 20, 2021 |
| US District Court for the District of New Hampshire |
| Paul J Barbadoro |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 29
Assented to MOTION to Continue (RESCHEDULE THE FEBRUARY 28, 2022 HEARING/STATUS CONFERENCE ON CONSOLIDATION) filed by Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte.Follow up on Objection on 3/11/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles)
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Filing 28
NOTICE of Attorney Appearance by Jason Walta on behalf of National Education Association-New Hampshire Attorney Jason Walta added to party National Education Association-New Hampshire(pty:pla).(Walta, Jason)
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ENDORSED ORDER granting #27 Assented to MOTION to Extend Time to Answer to March 14, 2022. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro.(js)
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NOTICE of Hearing re: #25 Assented to MOTION to Consolidate Cases this case with 1:21-cv-01063-JL. Status Conference set VIA VIDEO CONFERENCE for 2/28/2022 02:00 PM before Judge Paul J. Barbadoro.(js)
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Filing 27
Assented to MOTION to Extend Time to Answer to March 14, 2022 filed by NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner.(Garland, Samuel)
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Filing 26
NOTICE of Attorney Appearance by Samuel R. V. Garland on behalf of NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner Attorney Samuel R. V. Garland added to party NH Attorney General(pty:dft), Attorney Samuel R. V. Garland added to party NH Commission for Human Rights, Chairperson(pty:dft), Attorney Samuel R. V. Garland added to party NH Commission for Human Rights, Executive Director(pty:dft), Attorney Samuel R. V. Garland added to party NH Department of Education, Commissioner(pty:dft), Attorney Samuel R. V. Garland added to party NH Department of Labor, Commissioner(pty:dft).(Garland, Samuel)
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Filing 25
Assented to MOTION to Consolidate Cases this case with 1:21-cv-01063-JL (CONSOLIDATE INTO CASE NO. 1:21-CV-01077 AND TO CONDUCT A STATUS CONFERENCE DURING THE WEEK OF FEBRUARY 21, 2022 BEFORE ISSUANCE OF ANY FORM CONSOLIDATION ORDER) filed by Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte.(Bissonnette, Gilles)
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Filing 24
Assented to MOTION for Emerson Sykes to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2204382.) filed by Andres Mejia, Christina Kim Philibotte.(Bissonnette, Gilles)
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Filing 23
Assented to MOTION for Sarah Hinger to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2204372.) filed by Andres Mejia, Christina Kim Philibotte.(Bissonnette, Gilles)
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ENDORSED ORDER granting #23 Motion for Sarah Hinger to Appear Pro Hac Vice; granting #24 Motion for Emerson Sykes to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(vln)
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Filing 22
NOTICE of Attorney Appearance by Lauren Snow Chadwick on behalf of National Education Association-New Hampshire Attorney Lauren Snow Chadwick added to party National Education Association-New Hampshire(pty:pla).(Chadwick, Lauren)
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Filing 21
NOTICE of Attorney Appearance by Sarah J. Jancarik on behalf of Andres Mejia, Christina Kim Philibotte Attorney Sarah J. Jancarik added to party Andres Mejia(pty:pla), Attorney Sarah J. Jancarik added to party Christina Kim Philibotte(pty:pla).(Jancarik, Sarah)
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ENDORSED ORDER granting #14 Motion Travis Hill to Appear Pro Hac ; granting #15 MOTION for Alice O'Brien to Appear Pro Hac Vice; granting #16 MOTION for Jason Walta to Appear Pro Hac Vice; granting #17 MOTION for Leah Watson to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(vln)
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Filing 20
NOTICE of Attorney Appearance by Suzanne Amy Spencer on behalf of Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte Attorney Suzanne Amy Spencer added to party Andres Mejia(pty:pla), Attorney Suzanne Amy Spencer added to party National Education Association-New Hampshire(pty:pla), Attorney Suzanne Amy Spencer added to party Christina Kim Philibotte(pty:pla).(Spencer, Suzanne)
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Filing 19
NOTICE of Attorney Appearance by William E. Christie on behalf of Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte Attorney William E. Christie added to party Andres Mejia(pty:pla), Attorney William E. Christie added to party National Education Association-New Hampshire(pty:pla), Attorney William E. Christie added to party Christina Kim Philibotte(pty:pla).(Christie, William)
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Filing 18
NOTICE of Attorney Appearance by Henry Klementowicz on behalf of Andres Mejia, Christina Kim Philibotte Attorney Henry Klementowicz added to party Andres Mejia(pty:pla), Attorney Henry Klementowicz added to party Christina Kim Philibotte(pty:pla).(Klementowicz, Henry)
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Filing 17
Assented to MOTION for Leah Watson to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2198526.) filed by Andres Mejia, Christina Kim Philibotte.(Bissonnette, Gilles)
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Filing 16
Assented to MOTION for Jason Walta to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2198525.) filed by National Education Association-New Hampshire.(Bissonnette, Gilles)
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Filing 15
Assented to MOTION for Alice O'Brien to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2198517.) filed by National Education Association-New Hampshire.(Bissonnette, Gilles)
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Filing 14
Assented to MOTION for Travis Hill to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2198515.) filed by Andres Mejia, Christina Kim Philibotte.(Bissonnette, Gilles)
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Filing 13
NOTICE of Attorney Appearance by Chris Erchull on behalf of Andres Mejia, Christina Kim Philibotte Attorney Chris Erchull added to party Andres Mejia(pty:pla), Attorney Chris Erchull added to party Christina Kim Philibotte(pty:pla).(Erchull, Chris)
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Filing 12
WAIVER OF SERVICE Returned Executed as to NH Department of Labor, Commissioner by National Education Association-New Hampshire, Christina Kim Philibotte, Andres Mejia. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles)
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Filing 11
WAIVER OF SERVICE Returned Executed as to NH Commission for Human Rights, Chairperson by All Plaintiffs. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles)
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Filing 10
WAIVER OF SERVICE Returned Executed as to NH Commission for Human Rights, Executive Director by All Plaintiffs. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles)
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Filing 9
WAIVER OF SERVICE Returned Executed as to NH Attorney General by All Plaintiffs. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles)
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Filing 8
WAIVER OF SERVICE Returned Executed as to NH Department of Education, Commissioner by All Plaintiffs. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles)
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Filing 7
NOTICE of Attorney Appearance by Rue Toland on behalf of National Education Association-New Hampshire Attorney Rue Toland added to party National Education Association-New Hampshire(pty:pla).(Toland, Rue)
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Filing 6
Summonses issued electronically as to NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc)
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Filing 5
NOTICE of Attorney Appearance by Nathan Reed Fennessy on behalf of National Education Association-New Hampshire Attorney Nathan Reed Fennessy added to party National Education Association-New Hampshire(pty:pla).(Fennessy, Nathan)
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Filing 4
NOTICE of Attorney Appearance by Morgan C. Nighan on behalf of Andres Mejia, Christina Kim Philibotte Attorney Morgan C. Nighan added to party Andres Mejia(pty:pla), Attorney Morgan C. Nighan added to party Christina Kim Philibotte(pty:pla).(Nighan, Morgan) Modified on 12/20/2021 to remove: Appearance for National Education Association-New Hampshire (js).
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Filing 3
NOTICE of Attorney Appearance by Esther Kane Dickinson on behalf of National Education Association-New Hampshire Attorney Esther Kane Dickinson added to party National Education Association-New Hampshire(pty:pla).(Dickinson, Esther)
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Filing 2
NOTICE of Attorney Appearance by SangYeob Kim on behalf of Andres Mejia, Christina Kim Philibotte Attorney SangYeob Kim added to party Andres Mejia(pty:pla), Attorney SangYeob Kim added to party Christina Kim Philibotte(pty:pla).(Kim, SangYeob)
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Filing 1
NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2197173 filed by National Education Association-New Hampshire, Christina Kim Philibotte, Andres Mejia. (Attachments: #1 Exhibit 1 -- Text of Banned Concept Act, #2 Exhibit 2 -- Educator Code of Conduct, #3 Exhibit 3 -- LEACT Materials, #4 Exhibit 4 -- DOJ Implicit Bias Training, #5 Exhibit 5 -- Courts Implicit Bias Training, #6 Exhibit 6 -- 9.22.20 Trump Executive Order, #7 Exhibit 7 -- 9.28.20 Executive Order Enforcement Memo, #8 Exhibit 8 -- HB544, #9 Exhibit 9 -- Select HB544 Written Testimony Before House Committee, #10 Exhibit 10 -- HB2 Materials, #11 Exhibit 11 -- Rep. Itse Op-ed, #12 Exhibit 12 -- Open Letter from Business Community, #13 Exhibit 13 -- SAU70 Resolution Against HB544, #14 Exhibit 14 -- Hopkinton School District Opposing HB544, #15 Exhibit 15 -- Manchester School District Opposition to HB544, #16 Exhibit 16 -- Edelblut Op-ed, #17 Exhibit 17 -- GACDI Letters, #18 Exhibit 18 -- 7.12.21 and 8.5.21 NEA-NH Letters, #19 Exhibit 19 -- 7.21.21 Guidance, #20 Exhibit 20 -- 9.7.21 Opinion, #21 Exhibit 21 -- McLane Middleton Discussion of Banned Concepts Act, #22 Exhibit 22 -- Drummond Woodsum Discussion of Banned Concepts Act, #23 Exhibit 23 -- Department of Education Complaint Website, #24 Exhibit 24 -- Moms for Liberty Bounty Tweet, #25 Civil Cover Sheet, #26 Summons - Waiver Summons (Edelblut), #27 Summons - Waiver Summons (Formella), #28 Summons - Waiver Summons (Malachi), #29 Summons - Waiver Summons (Kim), #30 Summons - Waiver Summons (Merrifield))(Bissonnette, Gilles)
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Corrective Entry to #4 Notice of Attorney Appearance by Morgan C. Nighan. Entry corrected by removing appearance with respect to the National Education Association-New Hampshire chosen mistakenly at filing. (js)
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NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc)
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Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:21-cv-1077-PB. Please show this number with the judge designation on all future pleadings. (mc)
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