Doe No. 1 et al v.Bethel Local School District Board of Education et al
| JOHN DOE NO. 1, JANE DOE NO. 1, JOHN AND JANE DOE NO. 1, JOHN DOE NO. 2, JANE DOE NO. 2, JOHN DOE NO. 3, JANE DOE NO. 4, JANE DOE NO. 5, JANE DOE NO. 6, JANE DOE NO. 7, JOHN DOE NO. 8, JANE DOE NO. 8 and JOHN DOE NO. 9 |
| BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, LYDDA MANSFIELD, LORI SEBASTIAN, NATALIE DONAHUE, DANNY ELAM, JACOB KING and MATTHEW CHRISPIN |
| Anne Roe |
| 3:2022cv00337 |
| November 22, 2022 |
| US District Court for the Southern District of Ohio |
| Michael J Newman |
| Peter B Silvain |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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| Filing 31 RESPONSE in Opposition re #5 First MOTION for Preliminary Injunction filed by Intervenor Defendant Anne Roe. (Carey, David) |
Filing 30
ORDER: (1) GRANTING INTERVENOR'S UNOPPOSED MOTION TO INTERVENE AS A DEFENDANT (Doc. No. #13 ); (2) GRANTING INTERVENOR'S UNOPPOSED MOTION TO PROCEED PSEUDONYMOUSLY (Doc. No. #14 ); (3) DIRECTING INTERVENOR TO FILE HER MEMORANDUM OPPOSING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AS A SEPARATE ENTRY ON THE DOCKET; AND (4) SETTING PLAINTIFFS REPLY DEADLINE TO INTERVENOR'S MEMORANDUM IN OPPOSITION FOR FEBRUARY 3, 2023. Signed by Judge Michael J. Newman on 1/20/2023. (bjr)
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| Filing 29 RESPONSE to Motion re #13 MOTION to Intervene as Defendant MOTION LEA VE TO FILE INSTANTER MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION filed by Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN. (Dinkler, Lynnette) |
| Filing 28 RESPONSE to Motion re #13 MOTION to Intervene as Defendant MOTION LEA VE TO FILE INSTANTER MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiffs JANE DOE NO. 1, JOHN DOE NO. 1, JOHN AND JANE DOE NO. 1, JANE DOE NO. 2, JOHN DOE NO. 2, JOHN DOE NO. 3, JOHN DOE NO. 3, JANE DOE NO. 4, JANE DOE NO. 4, JANE DOE NO. 5, JANE DOE NO. 5, JANE DOE NO. 6, JANE DOE NO. 7, JANE DOE NO. 7, JANE DOE NO. 8, JOHN DOE NO. 8, JOHN DOE NO. 9. (Ashbrook, Joseph) |
| Filing 27 NOTICE of Appearance by David M. Hopkins for Intervenor Defendant Anne Roe (Hopkins, David) |
| Filing 26 NOTICE of Appearance by Michael Dominic Meuti for Intervenor Defendant Anne Roe (Meuti, Michael) |
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Filing 25
NOTATION ORDER - re #15 Motion for Leave to Appear Pro Hac Vice of Malita Picasso and Rose Ann Saxe, as Co-Counsel to Intervenor, Defendant, Anne Roe. Co-Counsel are directed to register for e-filing through PACER unless they have done so previously. Attorney Fruitwala is directed to provide a Certificate of Good Standing from the highest court of the State of the District of Columbia. Signed by Magistrate Judge Peter B. Silvain, Jr. on 1/13/2023. (bjr)
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NOTATION ORDER granting as unopposed by Plaintiffs #22 Motion to File Document Under Seal. Signed by Judge Michael J. Newman on 1-11-23. (mcm)
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Filing 23
ORDER FOR EXPEDITED BRIEFING - Plaintiffs' and Defendants' responsive momoranda to Anne Roe's motion to intervene and motion for leave to file instanter memorandum in opposition to Plaintiffs' motion for preliminary injunction is due by January 19, 2023; and Anne Roe's Reply, if any, is due by January 27, 2023. Signed by Judge Michael J. Newman on 1/10/2023. (bjr)
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| Filing 22 Unopposed MOTION to File Document Under Seal by Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN. (Attachments: #1 Text of Proposed Order Agreed Order (proposed)) (Dinkler, Lynnette) |
| Filing 21 NOTICE by Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN re #18 Notice (Other),, #20 Response in Opposition to Motion for Preliminary Injunction (Attachments: #1 Exhibit Declaration of Barrett Swope) (Dinkler, Lynnette) |
| Filing 20 RESPONSE in Opposition re #5 First MOTION for Preliminary Injunction filed by Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN. (Dinkler, Lynnette) |
| Filing 19 NOTICE by Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN re #16 Notice (Other),,, Supplemental Notice of Filing Certificate of Bethel Local Schools BOE Treasurer (Attachments: #1 Appendix Certificate of Tina Hageman) (Dinkler, Lynnette) |
| Filing 18 NOTICE by Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN of Filing Declarations in Support of Defendants' Memo Opp Plaintifs' Motion for Preliminary Injunction (Attachments: #1 Exhibit Declaration of Danny Elam, #2 Exhibit Declaration of Jacob King, #3 Exhibit Declaration of Lydda Mansfield, #4 Exhibit Declaration of Lori Sebastian, #5 Exhibit Declaration of Matthew Chrispin, #6 Exhibit Declaration of Tim Zigler, #7 Exhibit Declaration of Carrie Ann Jones, #8 Exhibit Declaration of Cassandra Schoch) (Dinkler, Lynnette) |
| Filing 17 NOTICE by Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN re #16 Notice (Other),,, of Filing Certified Transcripts of BOE Meetings in Support of Defendants' Memo Opp Plaintiffs' Motion for Preliminary Injunction (Attachments: #1 Exhibit Certified Transcript - Sept 13, 2021, #2 Exhibit Certified Transcript - Jan 10, 2022, #3 Exhibit Certified Transcript - Feb 14, 2022) (Dinkler, Lynnette) |
| Filing 16 NOTICE by Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN of Tina K. Hageman in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction (Attachments: #1 Exhibit BOE 1-20 - Bylaw Policies, #2 Exhibit BOE 21-66 - Administration Policies, #3 Exhibit BOE 67-106 - Program Policies, #4 Exhibit BOE 107-147 - Professional Staff Policies, #5 Exhibit BOE 148-195 - Classified Staff Policies, #6 Exhibit BOE 196-246 - Student Policies, #7 Exhibit BOE 247-276 - Property-Operations-Relations Policies, #8 Exhibit Minutes (2019-2020), #9 Exhibit BOE 294-302 - Minutes (2021), #10 Exhibit BOE 303-311 - Minutes (2022), #11 Exhibit BOE 312-346 - Minutes (2022), #12 Exhibit BOE 347-393 - Ohio Learning, #13 Exhibit BOE 394-396 - FB Posts, #14 Exhibit BOE 397-398 - Join Our Fight, #15 Exhibit BOE 399-400 - Maps (TO BE FILED UNDER SEAL)) (Dinkler, Lynnette) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $600 paid, receipt number AOHSDC-9208978) of Malita Picasso, Aditi Fruitwala, Rose Ann Saxe by Intervenor Defendant Anne Roe. (Attachments: #1 Picasso NY CGS, #2 Picasso CA CGS, #3 Fruitwala CGS, #4 Saxe CGS) (Carey, David) |
| Filing 14 MOTION FOR PROTECTIVE ORDER AND LEAVE TO PROCEED PSEUDONYMOUSLY by Intervenor Defendant Anne Roe. (Attachments: #1 Text of Proposed Order) (Carey, David) |
| Filing 13 MOTION to Intervene as Defendant ( Responses due by 1/30/2023), MOTION LEA VE TO FILE INSTANTER MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Intervenor Defendant Anne Roe. (Attachments: #1 Declaration of Anne Roe, #2 Declaration of Joanne Roe, #3 MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION) (Carey, David) |
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Filing 12
NOTATION ORDER granting #10 Motion for Admission Pro Hac Vice of Nicholas Barry as Co-Counsel for Plaintiffs. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Peter B. Silvain, Jr.on 12/21/2022. (bjr)
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Filing 11
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael J. Newman on 12/21/2022. (bjr)
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NOTATION ORDER finding as moot #3 Motion for Protective Order. Signed by Magistrate Judge Peter B. Silvain, Jr. on 12/21/2022. (lk)
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| Minute Entry for proceedings held before Judge Michael J. Newman: Telephone Conference held on 12/21/2022. Attorneys Julie E. Byrne, Nicholas Barry, Joseph P. Ashbrook appeared on Plaintiffs' behalf. Attorneys John A. Podgurski, Lynnette Dinkler appeared on Defendants' behalf. Procedural matters discussed concerning the parties' stipulated protective order and the briefing schedule #9 . The hearing date for Plaintiffs' motion for preliminary injunction on February 7, 2023 at 9:30 a.m. is CONFIRMED. (Court Reporter: Julie Renee Hoenstein) (mcm) |
| Filing 10 First MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9182088) of Nicholas Barry by Plaintiffs JANE DOE NO. 1, JOHN DOE NO. 1, JOHN AND JANE DOE NO. 1, JANE DOE NO. 2, JOHN DOE NO. 2, JOHN DOE NO. 3, JOHN DOE NO. 3, JANE DOE NO. 4, JANE DOE NO. 4, JANE DOE NO. 5, JANE DOE NO. 5, JANE DOE NO. 6, JANE DOE NO. 7, JANE DOE NO. 7, JANE DOE NO. 8, JOHN DOE NO. 8, JOHN DOE NO. 9. (Attachments: #1 Certificate of Good Standing) (Ashbrook, Joseph) |
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Filing 9
SCHEDULING ORDER - Pursuant to the record of the phone conference and upon agreement of the parties' counsel, this case shall proceed as follows: AT&T phone conference concerning Plaintiff's motion for protective order set for 12/21/2022 at 3:00 p.m. by Teleconference before Judge Michael J. Newman. Defendants' memorandum in response to Plaintiffs' motion for preliminary injunction due by 1/9/2023; Plaintiffs' reply in support of their motion for a preliminary injunction due by 1/23/2023; and Hearing on motion for a preliminary injunction set for 2/7/2023 at 9:30 a.m. in Courtroom 4 - Dayton before Judge Michael J. Newman. Signed by Judge Michael J. Newman on 12/13/2022. (bjr)
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| Filing 8 NOTICE of Appearance by John Anthony Podgurski for Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN, NATALIE DONAHUE, DANNY ELAM, JACOB KING, LYDDA MANSFIELD, LORI SEBASTIAN (Podgurski, John) |
| Filing 7 WAIVER OF SERVICE Returned Executed. Waiver sent to All Defendants. (Dinkler, Lynnette) |
| Set Deadlines/Hearings: Status Conference set for 12/13/2022 at 10:00 AM in Teleconference before Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (cem) |
| Filing 6 NOTICE of Appearance by Lynnette Dinkler for Defendants BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN, NATALIE DONAHUE, DANNY ELAM, JACOB KING, LYDDA MANSFIELD, LORI SEBASTIAN (Dinkler, Lynnette) |
| Filing 5 First MOTION for Preliminary Injunction by Plaintiffs JANE DOE NO. 1, JOHN DOE NO. 1, JOHN AND JANE DOE NO. 1, JANE DOE NO. 2, JOHN DOE NO. 2, JOHN DOE NO. 3, JOHN DOE NO. 3, JANE DOE NO. 4, JANE DOE NO. 4, JANE DOE NO. 5, JANE DOE NO. 5, JANE DOE NO. 6, JANE DOE NO. 7, JANE DOE NO. 7, JANE DOE NO. 8, JOHN DOE NO. 8, JOHN DOE NO. 9. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction) (Ashbrook, Joseph) |
| PRELIMINARY INJUNCTION: The Court intends to schedule a telephone status conference with all counsel concerning Plaintiffs' motion for preliminary injunction after all counsel have received notice of the motion and counsel for Defendants have filed their notices of appearance. Signed by Judge Michael J. Newman on 12-2-22. (mcm) |
| Filing 4 NOTICE of Appearance by Julie Elizabeth Byrne for Plaintiffs JANE DOE NO. 1, JOHN DOE NO. 1, JOHN AND JANE DOE NO. 1, JANE DOE NO. 2, JOHN DOE NO. 2, JOHN DOE NO. 3, JOHN DOE NO. 3, JANE DOE NO. 4, JANE DOE NO. 4, JANE DOE NO. 5, JANE DOE NO. 5, JANE DOE NO. 6, JANE DOE NO. 7, JANE DOE NO. 7, JANE DOE NO. 8, JOHN DOE NO. 8, JOHN DOE NO. 9 (Byrne, Julie) |
| Filing 3 First MOTION for Protective Order by Plaintiffs JANE DOE NO. 1, JOHN DOE NO. 1, JOHN AND JANE DOE NO. 1, JANE DOE NO. 2, JOHN DOE NO. 2, JOHN DOE NO. 3, JOHN DOE NO. 3, JANE DOE NO. 4, JANE DOE NO. 4, JANE DOE NO. 5, JANE DOE NO. 5, JANE DOE NO. 6, JANE DOE NO. 7, JANE DOE NO. 7, JANE DOE NO. 8, JOHN DOE NO. 8, JOHN DOE NO. 9. (Ashbrook, Joseph) |
| Filing 2 Summons Issued as to BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN, NATALIE DONAHUE, DANNY ELAM, JACOB KING, LYDDA MANSFIELD, LORI SEBASTIAN. (pb) |
| Filing 1 COMPLAINT with JURY DEMAND against BETHEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, MATTHEW CHRISPIN, NATALIE DONAHUE, DANNY ELAM, JACOB KING, LYDDA MANSFIELD, LORI SEBASTIAN ( Filing fee $ 402 paid - receipt number: AOHSDC-9151953), filed by JANE DOE NO. 4, JOHN DOE NO. 8, JOHN DOE NO. 3, JANE DOE NO. 6, JANE DOE NO. 1, JANE DOE NO. 8, JOHN DOE NO. 1, JANE DOE NO. 7, JOHN DOE NO. 9, JANE DOE NO. 2, JOHN AND JANE DOE NO. 1, JANE DOE NO. 4(Legal Guardian), JANE DOE NO. 5, JANE DOE NO. 5(Legal Guardian), JOHN DOE NO. 3(Legal Guardian), JANE DOE NO. 7(Legal Guardian), JOHN DOE NO. 2. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons) (Ashbrook, Joseph) |
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