Thompson v. Marietta Education Association et al
| Jade Thompson |
| Marietta Board of Education and Marietta Education Association |
| State of Ohio |
| 2:2018cv00628 |
| June 27, 2018 |
| U.S. District Court for the Southern District of Ohio |
| Columbus Office |
| WASHINGTON |
| George C Smith |
| Chelsey M Vascura |
| Michael H Watson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
This docket was last retrieved on December 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 72 USCA Case Number 19-4217 for #71 Notice of Appeal filed by Jade Thompson; case manager Briston S. Mitchell, 513-564-7082. (er) |
| Filing 71 NOTICE OF APPEAL re #70 Clerk's Judgment, #69 Order on Motion for Summary Judgment, (Filing fee has been paid, receipt number 0648-7235788) by Plaintiff Jade Thompson. (Lewis, Patrick) |
| Filing 70 CLERK'S JUDGMENT - Pursuant to the November 26, 2019 Opinion and Order, the Court DENIES Plaintiff's Motion for Summary Judgment and GRANTS Defendants' Motions for Summary Judgment. (jk) |
Filing 69
OPINION and ORDER denying #58 Plaintiff's Motion for Summary Judgment; granting #56 and #57 Defendants' Motions for Summary Judgment. Signed by Judge Michael H. Watson on 11/26/2019. (jk)
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| Filing 68 Response re #67 Notice (Other) Plaintiff's Response to Notice of Supplemental Authority by Plaintiff Jade Thompson. (Lewis, Patrick) |
| Filing 67 NOTICE by Defendant Marietta Education Association re #64 Response in Opposition to Motion, #57 MOTION for Summary Judgment Notice of Supplemental Authority (McNair, Eben) |
| Filing 66 REPLY to Response to Motion re #57 MOTION for Summary Judgment filed by Defendant Marietta Education Association. (Attachments: #1 Affidavit Declaration of Timothy Gallagher, #2 Exhibit 1 to Gallagher Declaration, #3 Exhibit 2 to Gallagher Declaration, #4 Exhibit 3 to Gallagher Declaration) (McNair, Eben) |
| Filing 65 REPLY to Response to Motion re #58 MOTION for Summary Judgment filed by Plaintiff Jade Thompson. (Lewis, Patrick) |
| Filing 64 RESPONSE in Opposition re #58 MOTION for Summary Judgment of Plaintiff Jade Thompson filed by Defendant Marietta Education Association. (Attachments: #1 Monroe Declaration With Exhibits) (McNair, Eben) |
| Filing 63 RESPONSE in Opposition re #58 MOTION for Summary Judgment of Plaintiff Jade Thompson filed by Defendant Marietta Board of Education. (Smeenk, Bryan) |
| Filing 62 RESPONSE in Opposition to #56 Amended Motion for Summary Judgment and #57 Motion for Summary Judgment filed by Plaintiff Jade Thompson. (Lewis, Patrick) Modified text on 4/1/2019 (ew). |
| Filing 61 RESPONSE to Motion re #56 MOTION to Amend/Correct #55 MOTION for Summary Judgment , #55 MOTION for Summary Judgment , #58 MOTION for Summary Judgment State of Ohio's Amicus Statement on the Parties' Cross-Motions for Summary Judgment filed by Amicus State of Ohio. (Allen, Michael) |
| Filing 60 NOTICE of Appearance by Bryan Matthew Smeenk for Defendant Marietta Board of Education (Smeenk, Bryan) |
| Filing 59 STIPULATION of Undisputed Facts for Cross-Motions for Summary Judgment by Plaintiff Jade Thompson. (Lewis, Patrick) |
| Filing 58 MOTION for Summary Judgment by Plaintiff Jade Thompson. (Attachments: #1 Memorandum in Support, #2 Exhibit Plaintiff's Additional Proposed Undisputed Facts, #3 Text of Proposed Order) (Lewis, Patrick) |
| Filing 57 MOTION for Summary Judgment by Defendant Marietta Education Association. (Attachments: #1 Memorandum In Support) (McNair, Eben) |
| Filing 56 AMENDED Document re #55 MOTION for Summary Judgment by Defendant Marietta Board of Education. (Attachments: #1 Exhibit Declaration of William Hampton, Superintendent of the Marietta City School District) (Donovsky, Nicole) Modified text on 3/5/2019 (ew). |
| Filing 55 MOTION for Summary Judgment by Defendant Marietta Board of Education. (Attachments: #1 Exhibit Declarations of William Hampton, Superintendent of Marietta City School District) (Donovsky, Nicole) |
| Set deadlines pursuant to #54 : Cross Motions for Summary Judgment due by 3/4/2019. (ew) |
Filing 54
SCHEDULING ORDER: Cross-motions for summary judgment due March 4, 2019.Responses to cross-motions for summary judgment due April 1, 2019.Reply briefs in support of cross-motions for summary judgment due April 22, 2019. Signed by Magistrate Judge Chelsey M. Vascura on 2/5/2019. (daf)
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| Filing 53 Joint MOTION Joint Motion for a Scheduling Order by Plaintiff Jade Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) (Lewis, Patrick) |
Filing 52
ORDER denying #15 Plaintiff's Motion for Preliminary Injunction. Signed by Judge Michael H. Watson on 1/14/19. (jk)
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| Filing 51 NOTICE of Substitution of Counsel - Michael David Allen substituting for Sloan T. Spalding as to Amicus State of Ohio. (Allen, Michael) |
| Filing 50 Response re #49 Notice (Other), Second Notice of Supplemental Authorities by Plaintiff Jade Thompson. (Raile, Richard) |
| Filing 49 NOTICE by Defendant Marietta Education Association re #28 Response in Opposition to Motion, Second Notice of Supplemental Authorities (Attachments: #1 Exhibit 1 (12-3-18 Decision in Reisman), #2 Exhibit 2 (12-3-18 8th Circuit Judgment in Uradnik) (McNair, Eben) |
Filing 48
ORDER granting #47 Motion for Extension of Time. Signed by Magistrate Judge Chelsey M. Vascura on 11/30/2018. (agm)
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| Set/Reset Columbus PPTO Deadlines: Rule 26(a)(1) Disclosures due by 2/4/2019. Motion requesting scheduling conference (with attached proposed case schedule) due by 2/4/2019. (agm) |
| Filing 47 Joint MOTION for Extension of Time New date requested 2/4/2019. For Serving Initial Disclosures and Moving for Scheduling Order by Plaintiff Jade Thompson. (Attachments: #1 Text of Proposed Order) (Raile, Richard) |
| Filing 46 Response To State of Ohio's Amicus Memorandum by Defendant Marietta Education Association. (McNair, Eben) |
| Filing 45 Response re #44 Brief of State of Ohio as amicus curiae by Plaintiff Jade Thompson. (Lewis, Patrick) |
| Filing 44 BRIEF by Amicus State of Ohio. (Spalding, Sloan) |
| Filing 43 Transcript of Oral Argument Proceedings held on 10/23/2018, before Judge Michael H. Watson. Court Reporter/Transcriber Lahana DuFour, Telephone number 614-719-3286. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 11/29/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/6/2019. (DuFour, Lahana) |
Filing 42
NOTATION ORDER granting #41 Motion for Extension of Time until 11/27/2018 for all parties to file responses to the Ohio Attorney General's Brief, which is due to be filed 11/13/2018. By Magistrate Judge Chelsey M. Vascura on 11/6/2018. (agm)
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| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply New date requested 11/27/2018. Regarding All Parties' Responses To Ohio Attorney General's Brief by Defendant Marietta Education Association. (Attachments: #1 Text of Proposed Order) (McNair, Eben) |
| Filing 40 NOTICE of Constitutional Question to Ohio Attorney General. The Court requests that the Attorney General file a brief stating his position on this issue by 11/13/18. (sem) |
| Minute Entry for proceedings held before Judge Michael H. Watson: Motion Hearing held on 10/23/2018 re #15 MOTION for Preliminary Injunction filed by Jade Thompson. (Court Reporter: Lahana DuFour) (jk) |
Filing 39
ORDER: The October 23, 2018 preliminary pretrial conference is VACATED. By DECEMBER 4, 2018, the parties are DIRECTED to file a motion requesting a scheduling conference and must attach a proposed case schedule to their motion. Signed by Magistrate Judge Chelsey M. Vascura on 10/22/2018. (daf)
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| Filing 38 RULE 26(f) REPORT by Plaintiff Jade Thompson. (Lewis, Patrick) |
| NOTICE of Hearing - Oral Argument set for 10/23/2018 at 9:30 a.m. in Courtroom 3 - Columbus before Judge Michael H. Watson. (jk) |
| Minute Entry for proceedings held before Judge Michael H. Watson: Telephone Conference held on 10/3/2018. (Court Reporter: Lahana DuFour) (jk) |
| Filing 37 Response re #36 Notice (Other) of Supplemental Authority by Plaintiff Jade Thompson. (Lewis, Patrick) |
| NOTICE of Hearing - Telephone Conference set for 10/3/2018 at 3:00 p.m. before Judge Michael H. Watson. Counsel are to call 888.684.8852, access code 3470668# (jk) |
| Filing 36 NOTICE by Defendant Marietta Education Association re #28 Response in Opposition to Motion, Supplemental Authority (Attachments: #1 Exhibit 1 (Decision of Minnesota District Court)) (McNair, Eben) |
| Filing 35 REPLY to Response to Motion re #15 MOTION for Preliminary Injunction - Marietta Education Assoc. filed by Plaintiff Jade Thompson. (Lewis, Patrick) |
| Filing 34 NOTICE of Hearing: Preliminary Pretrial Conference set for 10/23/2018 at 11:30 AM before Magistrate Judge Chelsey M. Vascura. (agm) |
| Filing 33 REPLY to Response to Motion re #15 MOTION for Preliminary Injunction - Response to Marietta Board of Education filed by Plaintiff Jade Thompson. (Lewis, Patrick) |
| Filing 32 ANSWER to #1 Complaint, and Affirmative Defenses filed by Marietta Education Association. (McNair, Eben) |
| Filing 31 ANSWER to #1 Complaint, filed by Marietta Board of Education. (Donovsky, Nicole) |
Filing 30
ORDER granting #29 Joint Motion to Dismiss Counts I and II as moot. Signed by Judge Michael H. Watson on 9/5/18. (jk)
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| Filing 29 Joint MOTION to Dismiss Counts I and II ONLY by Plaintiff Jade Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) (Lewis, Patrick) |
| Filing 28 RESPONSE in Opposition re #15 MOTION for Preliminary Injunction filed by Defendant Marietta Education Association. (Attachments: #1 Exhibit A (Millstone Declaration), #2 Exhibit B ( Buettner Declaration), #3 Exhibit C (Grodin Declaration), #4 Exhibit D (Benson Declaration), #5 Exhibit E ( Antill Declaration)) (McNair, Eben) |
| Filing 27 RESPONSE to Motion re #15 MOTION for Preliminary Injunction filed by Defendant Marietta Board of Education. (Donovsky, Nicole) |
Filing 26
NOTATION ORDER granting #25 Motion for Leave to Appear Pro Hac Vice of Philip Hostak conditional upon counsel registering for electronic filing or seeking leave to be excused from doing so within fourteen (14) days. By Magistrate Judge Chelsey M. Vascura on 8/23/2018. (ew)
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| Filing 25 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6571674) of Philip Hostak by Defendant Marietta Education Association. (McNair, Eben) |
Filing 24
NOTATION ORDER granting #23 Unopposed MOTION for Extension of Time. Marietta Board of Education answer due 9/10/2018; Marietta Education Association answer due 9/10/2018. Responses as to #15 MOTION for Preliminary Injunction due by 8/31/2018. By Magistrate Judge Chelsey M. Vascura on 8/8/2018. (agm)
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| Filing 23 Unopposed MOTION for Extension of Time New date requested 9/10/2018. For Defendants To Respond To Complaint And Until August 31, 2018 For Defendants To Oppose Plaintiff's Motion For A Preliminary Injunction by Defendants Marietta Board of Education, Marietta Education Association. (Attachments: #1 Text of Proposed Order) (McNair, Eben) |
Filing 22
NOTATION ORDER granting #21 Motion for Leave to Appear Pro Hac Vice of Scott Alan Kronland and Patrick Casey Pitts conditional upon counsel registering for electronic filing or seeking leave to be excused from doing so within fourteen (14) days. By Magistrate Judge Chelsey M. Vascura on 8/7/2018. (ew)
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| Filing 21 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number 0648-6547467) of Scott Alan Kronland and Patrick Casey Pitts by Defendant Marietta Education Association. (Attachments: #1 Exhibit A (Certificate of Good Standing re: Kronland), #2 Exhibit B (Certificate of Good Standing re: Pitts)) (McNair, Eben) |
| Filing 20 NOTICE of Appearance by Nicole M. Donovsky and Diana S. Brown for Defendant Marietta Board of Education. (Donovsky, Nicole) Modified text on 8/6/2018 (ew). |
| Filing 19 NOTICE of Appearance by Eben O McNair, IV and Timothy Joseph Gallagher for Defendant Marietta Education Association (McNair, Eben) Modified text on 8/6/2018 (ew). |
| Filing 18 SUMMONS Returned Executed as to Defendant Marietta Education Association c/o Sheryl Mathis. Served on 7/22/2018. (ew) |
| Filing 17 SUMMONS Returned Executed as to Defendant Marietta Education Association c/o Ohio Education Association. Served on 7/23/2018. Answer due 8/13/2018. (ew) |
Filing 16
ORDER OF RECUSAL. Judge George C. Smith recused. Case randomly reassigned by the Clerk to Judge Michael H. Watson for all further proceedings. Signed by Judge George C. Smith on 7/23/18. (sem)
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| Filing 15 MOTION for Preliminary Injunction by Plaintiff Jade Thompson. (Attachments: #1 Memorandum of Points and Authorities, #2 Affidavit, #3 Text of Proposed Order) (Lewis, Patrick) |
| Filing 14 AMENDED CERTIFICATE of Mailing by Clerk: A copy of the complaint and issued summons was sent to the named defendant via certified mail. (er) |
| Filing 13 CERTIFICATE of Mailing by Clerk: A complaint and issued summons was sent to the named defendants via certified mail. (er) |
| Filing 12 NOTICE by Plaintiff Jade Thompson re #1 Complaint, under Fed R Civ P 5.1 of Constitutional Challenge (Lewis, Patrick) |
| Filing 11 Summons Issued as to Marietta Board of Education and Marietta Education Association. (daf). Replaced Document on 7/18/2018 (daf). |
Filing 10
NOTATION ORDER: The Motion for Leave to Appear Pro Hac Vice #9 of Andrew M. Grossman, Mark W. DeLaquil and Richard B. Raile is GRANTED, conditional upon registration for electronic filing with this Court, or seeking leave to be excused from doing so, within fourteen (14) days of date of this Order. Signed by Magistrate Judge Chelsey M. Vascura on 7/18/18. (sem)
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| Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $600 paid, receipt number 0648-6522427) of Andrew M. Grossman, Esq., Mark W. DeLaquil, Esq., and Richard B. Raile, Esq. by Plaintiff Jade Thompson. (Attachments: #1 Exhibit A - Certificate of Good Standing - Grossman, #2 Exhibit B - Certificate of Good Standing - DeLaquil, #3 Exhibit C - Certificate of Good Standing - Raile) (Lewis, Patrick) |
| Filing 8 REQUEST for Issuance of Summons. Marietta Education Association c/o Ohio Education Association, as statutory agent (Lewis, Patrick) |
| Filing 7 REQUEST for Issuance of Summons. Marietta Board of Education c/o William Hampton (Lewis, Patrick) |
| Filing 6 REQUEST for Issuance of Summons. Marietta Education Association c/o J.D. Benson (Lewis, Patrick) |
| Filing 5 REQUEST for Issuance of Summons. Marietta Board of Education c/o J. Douglas Mallett (Lewis, Patrick) |
| Filing 4 REQUEST for Issuance of Summons. OEA, as statutory agent for Marietta Education Association c/o Sheryl Mathis (Lewis, Patrick) |
| Filing 3 REQUEST for Issuance of Summons. J.D. Benson (Lewis, Patrick) |
| Filing 2 REQUEST for Issuance of Summons. J. Douglas Mallett (Lewis, Patrick) |
| Filing 1 COMPLAINT against Marietta Board of Education, Marietta Education Association ( Filing fee $ 400 paid - receipt number: 0648-6497503), filed by Jade Thompson. (Attachments: #1 Exhibit A - Collective Bargaining Agt, #2 Civil Cover Sheet) (Lewis, Patrick) |
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