M. H., et al v. Olmsted Falls City School District Board of Education, et al
Plaintiff: M. H. and Molly Hitch
Defendant: Olmsted Falls City School District Board of Education, Dr. James Lloyd, Holly Neumann, Linda Parkowski, Joanna Demarco, Phil Eckenrode and Cynthia Tomasch
Case Number: 1:2021cv01732
Filed: September 7, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: John R Adams
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 4, 2021 Filing 10 Memorandum of law in Opposition to #9 Motion to dismiss filed by M. H., Molly Hitch. (Attachments: #1 Declaration, #2 Exhibit A - State of Florida Executive Order, #3 Exhibit B - Cuyahoga County Board of Health School Guidance, #4 Exhibit C - Proof of Service forms)(L,Br)
November 1, 2021 Filing 9 Motion to dismiss for failure to state a claim , Motion to dismiss for lack of jurisdiction , Motion to dismiss under Fed.R.Civ.P.12(b)(5) for Insufficient Service of Process filed by Joanna Demarco, Phil Eckenrode, James Lloyd, Holly Neumann, Olmsted Falls City School District Board of Education, Linda Parkowski, Cynthia Tomasch. Related document(s) #8 . (Attachments: #1 Memorandum In Support, #2 Exhibit 1 Plaintiff's Home Education Notification Form, #3 Exhibit 2 District 2021-22 School Calendar)(Spivack, Emily)
October 18, 2021 Filing 8 Amended complaint against All Defendants. Filed by Molly Hitch, M. H.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Oath of Office Officially Elected 2018 Board Members, #3 Exhibit B - Oath of Office Board Members, #4 Exhibit C - Policy Manual Philosophy of the Board, #5 Exhibit D - Policy Manual Authority, #6 Exhibit E - Policy Manual Legislative, #7 Exhibit F - Policy Manual Pandemics and Other Medical Emergencies, #8 Exhibit G - Policy Manual Protective Face Coverings, #9 Exhibit H - Policy Manual Conflict of Interest, #10 Exhibit I - Plan for Safe Returns to In-Person Instruction and Continuity of Services, #11 Exhibit J - Letter from Olmsted Falls City School District, #12 Exhibit K - Letter from Olmsted Falls City School District, #13 Exhibit L - Message chain with Dr. Jim Lloyd, #14 Exhibit M - Various Documents, #15 Exhibit N - Letter from the Secretary of Education, #16 Exhibit O - Messages) (L,Br)
October 14, 2021 Filing 7 Motion to strike Plaintiffs' Affidavits filed by Joanna Demarco, Phil Eckenrode, James Lloyd, Holly Neumann, Olmsted Falls City School District Board of Education, Linda Parkowski, Cynthia Tomasch. Related document(s) #6 . (Attachments: #1 Memorandum in Support)(Spivack, Emily)
October 8, 2021 Copy of Notice of Electronic Filing of Case Re-Assignment dated 10/01/2021 mailed to Molly Hitch, 9801 Nicole Lane, Olmsted Township, OH 44138 on 10/08/2021. (V,AR)
October 6, 2021 Filing 6 Various Affidavits filed by M. H., Molly Hitch. (L,Br)
October 6, 2021 Filing 5 Proof of Service by process server executed upon Olmsted Falls City School District Board of Education on 9/15/2021; James Lloyd on 9/15/2021; Holly Neumann on 9/15/2021; Cynthia Tomasch on 9/15/2021; Linda Parkowski on 9/15/2021; Phil Eckenrode on 9/15/2021; Joanna Demarco on 9/15/2021 filed on behalf of Molly Hitch; M. H. Related document(s) #3 . (L,Br)
October 5, 2021 Filing 4 Motion to dismiss for failure to state a claim , Motion to dismiss for lack of jurisdiction and under 12(b)(5) for insufficent service of process filed by Joanna Demarco, Phil Eckenrode, James Lloyd, Holly Neumann, Olmsted Falls City School District Board of Education, Linda Parkowski, Cynthia Tomasch. Related document(s) #1 . (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit 1 - Homeschool documentation, #3 Exhibit 2 - District calendar)(Spivack, Emily)
October 1, 2021 Reassignment of Magistrate Judge pursuant to General Order 2021-15. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (V,AR)
September 10, 2021 Filing 3 Summons re-issued to plaintiff (with plaintiff's address) for service upon All Defendants. (M,MT)
September 7, 2021 Filing 2 Original Summons and Magistrate Consent Form (without plaintiff's address) issued to plaintiff at intake for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (M,MT)
September 7, 2021 Filing 1 Complaint with jury demand against all defendants. Filing fee paid. $402.00. Receipt #14660133743. Filed by Molly Hitch, et al. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A/B/E - Oath of Office, #3 Exhibit D - Eckenrode Oath, #4 Exhibit F - 12/17/15 Policy, #5 Exhibit G - 09/19/88 Policy, #6 Exhibit H - Revised Policy Manual, #7 Exhibit I - 09/21/15 Revised Policy, #8 Exhibit J - 03/18/21 Revised Policy, #9 Exhibit K - Conflict of Interest, #10 Exhibit L - Board Review, #11 Mask Requirement Checklist, #12 Exhibit M - Plan for Safe Return, #13 Exhibit O - Message Thread, #14 Exhibit P - Affidavit of Stephen Petty, #15 Exhibit i - Petty Resume, #16 Exhibit ii - Summary of Expert Witness Cases, #17 Exhibit iii - Medical Journal, #18 Exhibit iv - Concepts of Industrial Hygiene, #19 Exhibit Q - 03/17/21 Letter, #20 Proposed Summons) (M,MT)
September 7, 2021 Judge John R. Adams assigned to case. (M,MT)
September 7, 2021 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (M,MT)

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Search for this case: M. H., et al v. Olmsted Falls City School District Board of Education, et al
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Plaintiff: M. H.
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Plaintiff: Molly Hitch
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Defendant: Olmsted Falls City School District Board of Education
Represented By: Emily R. Spivack
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Defendant: Dr. James Lloyd
Represented By: Emily R. Spivack
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Defendant: Holly Neumann
Represented By: Emily R. Spivack
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Defendant: Linda Parkowski
Represented By: Emily R. Spivack
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Defendant: Joanna Demarco
Represented By: Emily R. Spivack
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Defendant: Phil Eckenrode
Represented By: Emily R. Spivack
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Defendant: Cynthia Tomasch
Represented By: Emily R. Spivack
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