Damiano et al v. Grants Pass School District No. 7 et al
| Katie S Medart and Rachel G Damiano |
| Casey Durbin, Brian Delagrange, Scott Nelson, Thomas M Blanchard, Kirk T. Kolb, Gary Richardson, Debbie Brownell, Grants Pass School District No. 7, Cassie Wilkins and Cliff Kuhlman |
| Lysander Selvig |
| 1:2021cv00859 |
| June 7, 2021 |
| US District Court for the District of Oregon |
| Mark D Clarke |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.
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Filing 116
ORDER: Granting Application for Stay of Execution (Related Doc #109 ).Please access entire text by document number hyperlink. Signed on 07/28/2023 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 115
Reply in Support to Application for Stay of Execution of Bill of Costs and Waive Security Requirement Pending Appeal #109 . Filed by All Plaintiffs. (Hoffmann, Mathew)
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Filing 114
Response to Application for Stay of Execution of Bill of Costs and Waive Security Requirement Pending Appeal #109 . Filed by Thomas M Blanchard, Debbie Brownell, Brian Delagrange, Grants Pass School District No. 7, Kirk T. Kolb, Scott Nelson. (Vickers, Karen)
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Filing 113
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on July 16, 2021, before Judge Ann L. Aiken, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/22/2023. Redaction Request due 6/5/2023. Redacted Transcript Deadline set for 6/15/2023. Release of Transcript Restriction set for 8/14/2023. (Apodaca, Dennis)
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Filing 112
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing by Phone held on 11/30/2022 before Judge Mark D. Clarke, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter/Transcriber through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/16/2023. Redaction Request due 5/30/2023. Redacted Transcript Deadline set for 6/9/2023. Release of Transcript Restriction set for 8/7/2023. (White, Ryan)
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Filing 111
Declaration of Katie S. Medart in Support of Plaintiffs' Motion to Stay Execution of Bill of Costs and Waive Security Pending Appeal. Filed by Katie S Medart. (Related document(s): Application for Stay of Execution #109 .) (Hoffmann, Mathew)
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Filing 110
Declaration of Rachel G. Sager in Support of Plaintiffs' Motion to Stay Execution of Bill of Costs and Waive Security Pending Appeal. Filed by Rachel G Damiano. (Related document(s): Application for Stay of Execution #109 .) (Hoffmann, Mathew)
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Filing 109
Application for Stay of Execution of Bill of Costs and Waive Security Requirement Pending Appeal. Filed by All Plaintiffs. (Hoffmann, Mathew)
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Filing 107
Transcript Designation and Order Form for the hearing held on July 16, 2021 before Judge Ann L. Aiken. Court Reporter: Dennis Apodaca. . Filed by Rachel G Damiano, Katie S Medart. Transcript is due by 5/31/2023. (Hoffmann, Mathew)
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Filing 106
Transcript Designation and Order Form for the hearing held on November 30, 2022 before Judge Magistrate Judge Mark D. Clarke. Court Reporter: Ryan White. . Filed by Rachel G Damiano, Katie S Medart. Transcript is due by 5/30/2023. (Hoffmann, Mathew)
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Filing 108
Time Schedule Order from USCA for the 9th Circuit, USCA # 23-35288 re Notice of Appeal #105 . (jkm)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #105 . Case Appealed to Ninth Circuit Case Number 23-35288 assigned. (jw)
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Filing 105
Notice of Appeal to the 9th Circuit from Judgment, #98 , Opinion and Order, #97 Filing fee $505 collected; Agency Tracking ID AORDC-8911355: . Filed by All Plaintiffs. (Hoffmann, Mathew)
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Filing 104
Order Taxing Costs: Costs taxed in the amount of $5503.77 against plaintiffs. (rsm)
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Filing 103
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #101 . Tyson Charles Langhofer on behalf of Rachel G. Damiano and Katie S. Medart. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
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Filing 102
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #100 . Mathew W. Hoffmann on behalf of Rachel G. Damiano and Katie S. Medart. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
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Filing 101
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Tyson Charles Langhofer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8906153. Filed by Rachel G Damiano, Katie S Medart. (Langhofer, Tyson)
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Filing 100
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mathew Hoffmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8906138. Filed by Rachel G Damiano, Katie S Medart. (Hoffmann, Mathew)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mathew Hoffmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8906138 #100 : Reviewed and Ready for Ruling. (jkm)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Tyson Charles Langhofer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8906153 #101 : Reviewed and Ready for Ruling. (jkm)
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Filing 99
Bill of Costs . Filed by Thomas M Blanchard, Debbie Brownell, Brian Delagrange, Grants Pass School District No. 7, Kirk T. Kolb, Scott Nelson. (Vickers, Karen)
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Filing 98
JUDGMENT:. Judgment is entered in accordance with the Court's Opinion and Order #97 . Judgment is entered for the defendants on all claims, and the case is dismissed with prejudice. Signed on 03/29/2023 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 97
OPINION AND ORDER: regarding Motion for Summary Judgment #52 . For the reasons stated in this Opinion and Order, the Defendants' Motion for Summary Judgment #52 is GRANTED. The motion disposes of all claims. Therefore, judgment will be entered in favor of Defendants. Please access entire text by document number hyperlink. Signed on 03/29/2023 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 96
Amended Notice of New Authority Filed by All Plaintiffs. (Hacke, Ray)
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Filing 95
Notice of New Authority, Notice of Supplemental Authority Filed by All Plaintiffs. (Hacke, Ray)
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Filing 94
MINUTES of Proceedings: Motion Hearing Held regarding Motion for Summary Judgment #52 . Motion is taken under advisement as of 11/30/2022. Ray Hacke present as counsel for plaintiff(s). Karen Vickers present as counsel for defendant(s). FTR: Medford Courtroom 2. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 93
Scheduling Order regarding Motion for Summary Judgment #52 . The telephonic Oral Argument set for 11/01/2022 at 2:00 PM has been RESET for 11/30/2022 at 02:00PM before Magistrate Judge Mark D. Clarke. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 92
Scheduling Order regarding Motion for Summary Judgment #52 . At the request of the parties, the telephonic Oral Argument set for 10/25/2022 at 2:00 PM has been RESET for 11/1/2022 at 02:00PM before Magistrate Judge Mark D. Clarke. The previously provided teleconference information remains the same. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 91
Scheduling Order regarding Motion for Summary Judgment #52 .Telephonic Oral Argument is set for 10/25/2022 at 02:00PM before Magistrate Judge Mark D. Clarke. Teleconference information to be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 90
Amended Sur-Reply re: Evidentiary Objections Raised in Defendants' to Reply to Motion #85 Oral Argument requested. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 89
Declaration of Attorney Ray D. Hacke in Support of Sur-Reply to Evidentiary Objections Raised in Defendants' Reply in Support of Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Sur-Reply to Motion #88 .) (Hacke, Ray)
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Filing 88
Sur-Reply to Evidentiary Objections Set Forth in Defendants' to Reply to Motion #85 Oral Argument requested. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 87
Amended Exhibits in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment. Filed by All Plaintiffs. (Attachments: #1 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #2 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #3 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #4 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #5 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #6 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #7 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #8 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #9 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #10 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #11 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #12 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #13 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #14 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #15 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #16 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #17 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #18 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #19 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #20 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #21 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment, #22 Amended in Support of Rachel Sager's Declaration in Opposition to Motion for Summary Judgment) (Hacke, Ray)
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Filing 86
Declaration of Karen M. Vickers in Support of Defendants' Reply to Motion for Summary Judgment. Filed by Thomas M Blanchard, Debbie Brownell, Brian Delagrange, Grants Pass School District No. 7, Kirk T. Kolb, Scott Nelson. (Related document(s): Reply to Motion #85 .) (Attachments: #1 Exhibit 1) (Vickers, Karen)
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Filing 85
Reply to Motion for Summary Judgment #52 . Filed by Thomas M Blanchard, Debbie Brownell, Brian Delagrange, Grants Pass School District No. 7, Kirk T. Kolb, Scott Nelson. (Vickers, Karen)
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Filing 84
ORDER: Granting Motion for Extension of Time to File Reply #81 . Reply is due by 9/12/2022. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 83
Response in Opposition to Motion For Extension of Time to File Reply Brief in Support of Motion For Summary Judgment to Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #52 #81 . Filed by All Plaintiffs. (Hacke, Ray)
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Filing 82
Declaration of Karen M. Vickers . Filed by Thomas M Blanchard, Debbie Brownell, Brian Delagrange, Grants Pass School District No. 7, Kirk T. Kolb, Scott Nelson. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #81 .) (Vickers, Karen)
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Filing 81
Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #52 . Filed by Thomas M Blanchard, Debbie Brownell, Brian Delagrange, Grants Pass School District No. 7, Kirk T. Kolb, Scott Nelson. (Vickers, Karen)
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Filing 80
Exhibits M-22 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 79
Exhibits M-21 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 78
Exhibits M-20 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 77
Exhibits M-19 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 76
Exhibits M-18 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 75
Exhibits M-18 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 74
Exhibits M-17 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 73
Exhibits M-16 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 72
Exhibits M-15 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 71
Exhibits M-14 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 70
Exhibits M-12 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 69
Exhibits M-11 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 68
Exhibits M-10 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 67
Exhibits M-9 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 66
Exhibits M-8 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 65
Exhibits M-7 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 64
Exhibits M-6 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 63
Exhibits M-5 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 62
Exhibits M-4 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 61
Exhibits M-3 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 60
Exhibits M-2 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 59
Exhibits M-1 in Support of Katie Medart's Declaration in Opposition to Motion For Summary Judgment re Memorandum in Opposition #55 . Filed by All Plaintiffs. (Hacke, Ray)
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Filing 58
Declaration of Katie Medart in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #55 .) (Hacke, Ray)
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Filing 57
Declaration of Ray D. Hacke in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #55 .) (Hacke, Ray)
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Filing 56
Declaration of Rachel Sager in Opposition to Motion For Summary Judgment. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #55 .) (Attachments: #1 Exhibit S-1, #2 Errata S-2, #3 Exhibit S-3, #4 Exhibit S-4, #5 Exhibit S-5, #6 Exhibit S-6, #7 Exhibit S-7, #8 Exhibit S-8, #9 Exhibit S-9, #10 Exhibit S-10, #11 Exhibit S-11, #12 Exhibit S-12, #13 Errata S-13, #14 Exhibit S-14, #15 Exhibit S-15, #16 Exhibit S-16, #17 Exhibit S-17, #18 Exhibit S-18, #19 Exhibit S-19, #20 Errata S-20, #21 Exhibit S-21, #22 Exhibit S-22, #23 Exhibit S-23, #24 Exhibit S-24, #25 Exhibit S-25, #26 Exhibit S-26) (Hacke, Ray)
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Filing 55
Memorandum in Opposition to Motion for Summary Judgment #52 Oral Argument requested. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 54
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (rsm)
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Filing 53
Declaration of Karen M. Vickers . Filed by Thomas M Blanchard, Debbie Brownell, Brian Delagrange, Grants Pass School District No. 7, Kirk T. Kolb, Scott Nelson. (Related document(s): Motion for Summary Judgment #52 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Vickers, Karen)
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Filing 52
Motion for Summary Judgment . Oral Argument requested. Filed by Thomas M Blanchard, Debbie Brownell, Brian Delagrange, Grants Pass School District No. 7, Kirk T. Kolb, Scott Nelson. (Vickers, Karen)
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Filing 51
ORDER: Granting Unopposed Motion to Withdraw #49 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 50
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 49
Unopposed Motion to Withdraw . Expedited Hearing requested. Filed by Lysander Selvig. (Selvig, Rachele)
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Filing 48
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 47
ORDER: Granting Motion to Dismiss #42 defendants Gary Richardson, Casey Durbin, Cassie Wilkins and Cliff Kuhlman. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 46
ORDER: Finding as Moot Motion to Quash #43 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 45
ORDER: Granting Motion to Withdraw Motion to Quash #43 #44 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 44
Motion to Withdraw Motion to Quash #43 . Filed by Lysander Selvig. (Selvig, Rachele)
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Filing 43
Motion to Quash Amended Subpoena to Testify at a Deposition in a Civil Action. Expedited Hearing requested. Filed by Lysander Selvig. (Selvig, Rachele)
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Filing 42
Motion to Dismiss Defendants Gary Richardson, Casey Durbin, Cassie Wilkins, and Cliff Kuhlman. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 41
MINUTES of Proceedings: At the request of Plaintiff counsel, a telephonic Status Conference was held regarding discovery issues. Defense counsel has substantially complied with the Courts previous Order, but they should continue to be diligent regarding discovery of the defendants relevant social media posts. The parties shall continue working through the remaining issues. If the parties find they need a further status conference they shall follow these instructions: (1) substantively confer prior to requesting the conference, and narrow down the issues to 1-3 top priorities; (2) send the Court a one-page letter via email that briefly outlines the specific disputes and the parties proposed solutions. Ray Hacke present as counsel for plaintiff(s). Beth Plass present as counsel for defendant(s). Court Reporter: Hearing was not recorded. (rsm)
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Filing 40
Scheduling Order by Magistrate Judge Mark D. Clarke. At the request of the parties, a telephonic Status Conference is set for 4/26/2022 at 09:00AM before Magistrate Judge Mark D. Clarke. Teleconference information to be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 39
MINUTES of Proceedings: Granting in Part Denying in Part Motion to Compel #35 . Motion hearing held. Several of the disputed issues have been resolved, but four categories of documents remain. 1) The requested personnel filed shall be produced to defense counsel for review for relevant, non-privileged documents. Relevant documents include any pertaining to positive or negative treatment of employees who engaged in speech or activities supporting transgender or non-binary students. Any documents in this category shall be produced pursuant to a protective order and for attorney eyes only. 2) Defense counsel shall investigate further regarding relevant social media posts and produce any that are related to these plaintiffs or any transgender students or issues. 3) Defense counsel shall investigate whether any emails sent, received, or deleted during plaintiffs leave and absence from the District(March 14, 2021 November 20, 2021) can be retrieved, or even determined forensically. 4) Plaintiff counsel shall amend his request for information regarding meetings, limiting them to public forums, policy-related meetings, transgender advocacy, or other non-sensitive instances. The parties shall work diligently to resolve further issues, and seek input from the Court with a phone conference if they are unable to agree. Ray Hacke present as counsel for plaintiff(s). Beth Plass present as counsel for defendant(s). Court Reporter: Kellie Humiston. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 38
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion to Compel Production of Documents #35 . Telephonic Oral Argument is set for 3/2/2022 at 02:00PM before Magistrate Judge Mark D. Clarke. Teleconference information to be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 37
Response to Motion to Compel Production of Documents #35 Oral Argument Requested requested. Filed by All Defendants. (Vickers, Karen)
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Filing 36
MINUTES of Proceedings: Telephonic Rule 16 Conference held. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 6/30/2022. Discovery is to be completed by 6/30/2022. Dispositive Motions are due by 8/1/2022. No trial date set at this time. Ray Hacke present as counsel for plaintiff(s). Karen Vickers present as counsel for defendant(s). Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 35
Motion to Compel Production of Documents. Oral Argument requested. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 34
RECORD OF ORDER by Magistrate Judge Mark D. Clarke: SETTING a telephonic Rule 16 Conference for February 1, 2022 at 9:00 AM. Conference call information will be provided in a separate entry. At the time of the Conference, parties should have their calendars available to discuss scheduling matters, including modification of the current case deadlines, joining additional parties and amending the pleadings, dispositive motions, and setting a trial date. The parties shall consult pursuant to FRCP 26(f) regarding a focused and proportional discovery plan prior to the Conference. A written report is not required. However, the parties should be prepared to briefly summarize the issues in the case and give the Court a realistic picture of what discovery needs to be completed. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. If depositions are anticipated, the parties should confer prior to the Conference and have a firm date for the depositions scheduled prior to the conference. Parties shall confer prior to the Conference and consider whether the case could benefit from a streamlined approach, utilizing limited discovery and early dispositive motions, settlement conference, or an expedited trial date. Finally, if the parties intend to file written consents (these need to be filed separately on the docket by each party and not combined in a Joint Status Report) to a magistrate judge, it would be helpful to do so prior to the Rule 16 Conference, particularly if they want to secure a firm trial date. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 33
Answer to #32 Amended Complaint . Filed by Scott Nelson, Brian Delagrange, Grants Pass School District No. 7, Cliff Kuhlman, Debbie Brownell, Casey Durbin, Gary Richardson, Kirk T. Kolb, Cassie Wilkins, Thomas M Blanchard. (Vickers, Karen)
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Filing 32
Second Amended Complaint With Verifications and Demand For Jury Trial Summons issued as to All Defendants. Filed by Rachel G Damiano against All Defendants. (Hacke, Ray)
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Filing 31
Stipulation re Filing of Second Amended Complaint by All Plaintiffs. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 30
Stipulated Protective Order regarding Stipulated Motion for Protective Order #29 . Signed on 11/8/2021 by Magistrate Judge Mark D. Clarke. (jkm)
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Filing 29
Stipulated Motion for Protective Order . Filed by All Defendants. (Vickers, Karen)
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Filing 28
Answer to #27 Amended Complaint . Filed by Scott Nelson, Brian Delagrange, Grants Pass School District No. 7, Cliff Kuhlman, Debbie Brownell, Casey Durbin, Gary Richardson, Kirk T. Kolb, Cassie Wilkins, Thomas M Blanchard. (Vickers, Karen)
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Filing 27
Verified Amended Complaint For Violation of Free Speech and Religious Rights and Employment Discrimination Summons issued as to All Defendants. Filed by Katie S Medart, Rachel G Damiano against All Defendants. (Hacke, Ray)
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Filing 26
MINUTES of Proceedings: Telephonic Motion Hearing held before Judge Ann L. Aiken regarding Motion for a Temporary Restraining Order #17 . The Court hears argument as stated on the record and DENIES the motion. Formal Written Opinion to follow. The Court DENIES plaintiffs' oral motion to strike defendants' Supplemental Response #24 . Ray Hacke present as counsel for plaintiffs. Karen Vickers present as counsel for defendants. Court Reporter: Dennis Apodaca. (ck)
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Filing 25
Supplemental Declaration of Karen M. Vickers . Filed by All Defendants. (Related document(s): Motion for Temporary Restraining Order #17 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Vickers, Karen)
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Filing 24
Supplemental Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction #17 Oral Argument requested. Filed by All Defendants. (Vickers, Karen)
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Filing 23
Scheduling Order by Judge Ann L. Aiken regarding Motion for Temporary Restraining Order and Preliminary Injunction #17 . Oral Argument is set for 7/16/2021 at 02:00PM in Eugene by telephone before Judge Ann L. Aiken. Motion is taken under advisement as of 7/16/2021. Ordered by Judge Ann L. Aiken. (ck)
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Filing 22
Reply to Defendants' Response in Opposition to Motion For Temporary Restraining Order and Preliminary Injunction [Fed. R. Civ. P. 65] to Motion for Temporary Restraining Order and Preliminary Injunction #17 Oral Argument requested. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 21
Amended Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction #17 Oral Argument requested. Filed by All Defendants. (Vickers, Karen)
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Filing 20
Declaration of Karen M. Vickers in Support of Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #19 .) (Attachments: #1 Exhibit 1) (Vickers, Karen)
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Filing 19
Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction #17 Oral Argument requested. Filed by All Defendants. (Vickers, Karen)
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Filing 18
Return of Service Executed as to Thomas M Blanchard served on 6/14/2021, answer due on 7/6/2021. (jkm)
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Filing 17
Motion for Temporary Restraining Order and Preliminary Injunction. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Hacke, Ray)
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Filing 16
Return of Service Executed as to Debbie Brownell served on 6/9/2021, answer due on 6/30/2021; Brian Delagrange served on 6/9/2021, answer due on 6/30/2021; Casey Durbin served on 6/9/2021, answer due on 6/30/2021; Grants Pass School District No. 7 served on 6/9/2021, answer due on 6/30/2021; Kirk T. Kolb served on 6/9/2021, answer due on 6/30/2021; Cliff Kuhlman served on 6/9/2021, answer due on 6/30/2021; Scott Nelson served on 6/9/2021, answer due on 6/30/2021; Gary Richardson served on 6/9/2021, answer due on 6/30/2021; Cassie Wilkins served on 6/9/2021, answer due on 6/30/2021. (jkm)
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Filing 15
Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jkm)
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Filing 14
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Discovery and Pretrial Scheduling Order, #13 . Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 10/5/2021. Dispositive Motions are due by 11/4/2021. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
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Filing 13
Notice of Case Assignment to Magistrate Judge Mark D. Clarke and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/5/2021. Joint Alternate Dispute Resolution Report is due by 11/4/2021. Pretrial Order is due by 11/4/2021. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
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Filing 12
Proposed Summons of North Middle School Principal Thomas M. Blanchard Filed by All Plaintiffs. (Hacke, Ray)
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Filing 11
Proposed Summons of Grants Pass School District No. 7 Board Member Cliff Kuhlman Filed by All Plaintiffs. (Hacke, Ray)
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Filing 10
Proposed Summons of Grants Pass School District Board Member Scott Nelson Filed by All Plaintiffs. (Hacke, Ray)
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Filing 9
Proposed Summons Grants Pass School District No. 7 Superintendent Kirk T. Kolb Filed by All Plaintiffs. (Hacke, Ray)
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Filing 8
Proposed Summons Grants Pass School District No. 7 Board Member Gary Richardson Filed by All Plaintiffs. (Hacke, Ray)
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Filing 7
Proposed Summons of Grants Pass School District No. 7 Board Member Debbie Brownell Filed by All Plaintiffs. (Hacke, Ray)
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Filing 6
Proposed Summons of Grants Pass School District No. 7 Board Member Cassie Wilkins Filed by All Plaintiffs. (Hacke, Ray)
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Filing 5
Proposed Summons of Grants Pass School District No. 7 Board Member Casey Durbin Filed by All Plaintiffs. (Hacke, Ray)
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Filing 4
Proposed Summons of Grants Pass School District No. 7 Board Member Brian Delagrange Filed by All Plaintiffs. (Hacke, Ray)
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Filing 3
Proposed Summons of Grants Pass School District No. 7 Filed by All Plaintiffs. (Hacke, Ray)
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Filing 2
Civil Cover Sheet regarding Complaint, #1 . Filed by All Plaintiffs. (Hacke, Ray)
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Filing 1
Verified Complaint. For Violation of Civil Rights [42 U.S.C. 1983] Filing fee in the amount of $402 collected. Agency Tracking ID: BORDC-8110058 Jury Trial Requested: Yes. Filed by Katie S Medart, Rachel G Damiano against All Plaintiffs. (Hacke, Ray)
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