Monclova Christian Academy et al v. Toledo-Lucas County Health Department
| Citizens for Community Values doing business as Ohio Christian Education Association, Monclova Christian Academy, Emmanuel Christian School and St. John's Jesuit High School & Academy |
| Toledo-Lucas County Health Department |
| 3:2020cv02720 |
| December 7, 2020 |
| US District Court for the Northern District of Ohio |
| Jeffrey J Helmick |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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Filing 15
Appeal Order from USCA for the Sixth Circuit: Granting the plaintiffs' motion for an injunction pending appeal re #13 and #14 . The Toledo-Lucas County Health Department is enjoined, during the pendency of this appeal, from enforcing Resolution No. 2020.11.189 or otherwise prohibiting in-person attendance at the plaintiffs schools (USCA# 20-4300). Circuit Judges: Kethledge, Bush, and Nalbandian. Date issued by USCA 12/31/20 (H,SP)
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Acknowledgment from USCA for the Sixth Circuit of receipt of #14 Amended Notice of Interlocutory Appeal (USCA# 20-4300). Date filed in USCA 12/18/20. (H,SP)
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Filing 14
AMENDED NOTICE OF INTERLOCUTORY APPEAL to the Sixth Circuit Court of Appeals from the #11 Order of 12/16/20, filed by Citizens for Community Values, Emmanuel Christian School, Monclova Christian Academy, St. John's Jesuit High School & Academy (Roberts, Michael)
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Acknowledgment from the USCA for Sixth Circuit of receipt of #13 Notice of Interlocutory Appeal (USCA# 20-4300). Date filed in USCA 12/17/20. (H,SP)
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Filing 13
NOTICE OF INTERLOCUTORY APPEAL to the Sixth Circuit Court of Appeals from the #11 Order of 12/16/20, filed by Citizens for Community Values, Emmanuel Christian School, Monclova Christian Academy, St. John's Jesuit High School & Academy. (Filing fee $505, receipt number AOHNDC-10502612) (Roberts, Michael)
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Filing 12
Judgment Entry: For the reasons stated in my order filed contemporaneously, and in my December 14, 2020 Memorandum Opinion and Order, (Doc. No. 9), I deny the motion for a preliminary injunction filed by Plaintiffs Monclova Christian Academy, St. John's Jesuit High School & Academy, Emmanuel Christian School, and Citizens for Community Values, doing business as the Ohio Christian Education Network. (Doc. Nos. 2 and 10). re #11 Judge Jeffrey J. Helmick on 12/16/2020. (S,AL)
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Filing 11
Order: I incorporate by reference my analysis and rulings set forth in my opinion denying Plaintiffs' motion for a temporary restraining order and deny Plaintiffs' motion for a preliminary injunction for those same reasons. (Related Doc #10 ) Judge Jeffrey J. Helmick on 12/16/2020.(S,AL)
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Filing 10
Motion to Convert Temporary Restraining Order into a Preliminary Injunction filed by Citizens for Community Values, Emmanuel Christian School, Monclova Christian Academy, St. John's Jesuit High School & Academy. Related document(s) #9 . (Attachments: #1 Proposed Order)(Roberts, Michael)
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Filing 9
Memorandum Opinion and Order: I deny Plaintiffs' motion for a temporary restraining order. (Doc. No. 2). No later than December 16, 2020, the parties shall submit a joint status report to my chambers via email regarding the next steps concerning Plaintiffs' motion for a preliminary injunction, including a proposed timeline for any pre-hearing briefing and the need for limited discovery prior to a hearing on Plaintiff's preliminary injunction request. re #2 Judge Jeffrey J. Helmick on 12/14/2020. (S,AL)
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Filing 8
Supplement to Opposition, - Supplemental Authority Re: Plaintiffs Emergency Motion For Temporary Restraining Order, filed by Toledo-Lucas County Health Department. Related document(s) #5 . (Attachments: #1 Exhibit A: Pleasant View Baptist Church v. & Lynne M. Saddler)(Pituch, Kevin)
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Filing 7
Reply Memorandum in support of #2 Motion for Emergency Hearing, Temporary Restraining Order and Preliminary Injunction filed by Citizens for Community Values, Emmanuel Christian School, Monclova Christian Academy, St. John's Jesuit High School & Academy. (Roberts, Michael)
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Filing 6
Order of Telephone Conference held on 12/8/2020. Plaintiffs shall submit their reply brief in support of their motion for a temporary restraining order on or before December 10, 2020. Time: 25 minutes. Judge Jeffrey J. Helmick on 12/8/2020. (S,AL)
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Notice [Non-document]: Telephone Conference set for 12/8/2020 at 12:00 PM to be held telephonically before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 1231873. (S,AL)
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Notice to Attorney Brian W. Fox. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Filing 5
Opposition to #2 Motion for Emergency Hearing, Temporary Restraining Order and Preliminary Injunction filed by Toledo-Lucas County Health Department. (Attachments: #1 Exhibit A: November 29, 2020 Sixth Circuit Decision)(Pituch, Kevin)
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Filing 4
Attorney Appearance by Kevin A. Pituch and John A. Borell filed by on behalf of All Defendants. (Pituch, Kevin)
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon Toledo-Lucas County Health Department. (Attachments: #1 Manual Filing) (M,L)
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Filing 2
Motion for Emergency Hearing, Temporary Restraining Order and Preliminary Injunction filed by Citizens for Community Values, Emmanuel Christian School, Monclova Christian Academy, St. John's Jesuit High School & Academy. (Attachments: #1 Proposed Order)(Roberts, Michael)
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Filing 1
Complaint for Declaratory and Injunctive Relief against Toledo-Lucas County Health Department. Filing fee paid $ 402, Receipt number AOHNDC-10475741.. Filed by Monclova Christian Academy, Citizens for Community Values, Emmanuel Christian School, St. John's Jesuit High School & Academy. (Attachments: #1 Exhibit 1 - Email dated 12/3/2020, #2 Exhibit 2 - Letter dated 11/30/2020, #3 Exhibit 3 - Resolution, #4 Civil Cover Sheet, #5 Summons) (Roberts, Michael)
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Judge Jeffrey J. Helmick assigned to case. (M,L)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (M,L)
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Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (M,L)
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