R et al v. COUNCIL ROCK SCHOOL DISTRICT et al
| L R, C S, C A, L H, O P, A H and C H, I H, A E and C E, E C, M J, Z B, M L, E L and M L 2, M R, B C, X, N B and E M, K M and C M |
| COUNCIL ROCK SCHOOL DISTRICT, ED SALAMON, KRISTIN MARCELL, ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, JOSEPH HIDALGO, MARIANNE MCKEE, EDWARD F. TATE, III and MICHAEL THORWART |
| 2:2021cv03878 |
| August 31, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| PAUL S DIAMOND |
| Civil Rights: Education |
| 28 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A, #2 Text of Proposed Order, #3 Memorandum)(O'DONNELL, SHARON) |
Filing 37
ORDER, IT IS HEREBY ORDERED THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. #36 ) NO LATER THAN NOVEMBER 4, 2021.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/25/2021. 10/25/2021 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 36 MOTION for Preliminary Injunction filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X.Brief and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(MUSSELMAN, IAN) |
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Filing 35
ORDER, UPON CONSIDERATION OF PLAINTIFFS MOTION TO AMEND COMPLAINT AND SECOND MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. #29 ) DEFENDANTS RESPONSE (DOC. NO. #32 ) AND PLAINTIFFS REPLY (DOC. NO. #34 ), THE MOTION IS GRANTED AND PLAINTIFFS SECOND AMENDED COMPLAINT (DOC. NO. 29-1) IS DEEMED FILED. DEFENDANTS SHALL FILE AN ANSWER TO THE SECOND AMENDED COMPLAINT NO LATER THAN OCTOBER 28, 2021. IT IS FURTHER ORDERED THAT, UPON CONSIDERATION OF PLAINTIFFS MOTION FOR PERMISSION TO FILE AN EXTENDED BRIEF (DOC. NO. [30)], DEFENDANTS RESPONSE (DOC. NO. #32 ), AND PLAINTIFFS REPLY (DOC. NO. #34 ), THE MOTION IS DENIED. PLAINTIFFS AMENDED SECOND MOTION FOR TEMPORARY RESTRAINING ORDER MUST ABIDE BY ALL REQUIREMENTS SET OUT IN MY STANDING ORDER. (DOC. NO. #15 .). SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/21/2021. 10/21/2021 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 34 REPLY to Response to Motion re #30 Second MOTION for Leave to File Excess Pages , #29 Second MOTION to Amend/Correct #1 Complaint (Attorney),, #13 Second MOTION for Temporary Restraining Order filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X. (MUSSELMAN, IAN) |
| Filing 33 NOTICE by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X Notice of Appearance for KENNETH R BEHREND (MUSSELMAN, IAN) |
| Filing 32 RESPONSE to Motion re #30 Second MOTION for Leave to File Excess Pages , #29 Second MOTION to Amend/Correct #1 Complaint (Attorney),, #13 Second MOTION for Temporary Restraining Order , #13 Second MOTION for Temporary Restraining Order filed by ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(SANTARONE, JOSEPH) |
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Filing 31
ORDER THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS SECOND MOTION TO AMEND COMPLAINT AND SECOND TEMPORARY RESTRAINING ORDER (DOC. NO. #29 ) AND PLAINTIFFS SECOND MOTION FOR PERMISSION TO FILE AN EXTENDED BRIEF (DOC. NO. #30 ) NO LATER THAN 10/20/21. PLAINTIFF'S MOTION TO WITHDRAW (DOC. NO. #28 ) IS GRANTED. PLAINTIFFS MOTIONS (DOC. NOS. #22 AND #23 ) ARE WITHDRAWN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/13/21.10/13/21 ENTERED AND COPIES E-MAILED.(amas, )
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| Filing 30 Second MOTION for Leave to File Excess Pages filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X.Certificate of Service. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(MUSSELMAN, IAN) |
| Filing 29 Second MOTION to Amend/Correct #1 Complaint (Attorney),, #13 Second MOTION for Temporary Restraining Order filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X.Certificate of Service. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(MUSSELMAN, IAN) |
| Filing 28 MOTION to Withdraw #22 MOTION to Amend/Correct #1 Complaint (Attorney),, #13 Second MOTION for Temporary Restraining Order , #23 MOTION for Leave to File Excess Pages filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X..(MUSSELMAN, IAN) |
| Filing 27 RESPONSE in Opposition re #22 MOTION to Amend/Correct #1 Complaint (Attorney),, #13 Second MOTION for Temporary Restraining Order , #23 MOTION for Leave to File Excess Pages filed by ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART. (Attachments: #1 Text of Proposed Order Proposed Order)(O'DONNELL, SHARON) |
| Filing 26 RESPONSE to Motion re #23 MOTION for Leave to File Excess Pages filed by ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART. (O'DONNELL, SHARON) |
| Filing 25 RESPONSE in Support re #22 MOTION to Amend/Correct #1 Complaint (Attorney),, #13 Second MOTION for Temporary Restraining Order filed by ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART. (O'DONNELL, SHARON) |
| Set/Reset Deadlines as to #30 Second MOTION for Leave to File Excess Pages , #29 Second MOTION to Amend/Correct #1 Complaint (Attorney),, #13 Second MOTION for Temporary Restraining Order . RESPONSES DUE BY 10/20/2021. (amas, ) |
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Filing 24
ORDER THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS MOTION TO AMEND COMPLAINT AND SECOND TEMPORARY RESTRAINING ORDER AND PLAINTIFFS' MOTION FOR PERMISSION TO FILE AN EXTENDED BRIEF NO LATER THAN 10:00 A.M. TOMORROW 10/13/21; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/12/21. 10/12/21 ENTERED AND E-MAILED.(JL )
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| Filing 23 MOTION for Leave to File Excess Pages filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X.Certificate of Service. (Attachments: #1 Text of Proposed Order)(MUSSELMAN, IAN) |
| Filing 22 MOTION to Amend/Correct #1 Complaint (Attorney),, #13 Second MOTION for Temporary Restraining Order filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X.Certificate of Service. (Attachments: #1 Text of Proposed Order)(MUSSELMAN, IAN) |
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Filing 21
ORDER, IT IS HEREBY ORDERED THAT THE PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME (DOC. NO. #20 ) IS GRANTED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/17/2021. 9/17/2021 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 20 MOTION for Extension of Time to Complete Discovery Deposition filed by C A, A E and C E, A H and C H, N B, Z B, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X..(MUSSELMAN, IAN) |
| Filing 19 NOTICE of Appearance by SHARON M. O'DONNELL on behalf of ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART with Jury Demand, Certificate of Service(O'DONNELL, SHARON) |
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Filing 18
ORDER, IT IS HEREBY ORDERED THAT THE PARTIES SHALL ENGAGE IN EXPEDITED DISCOVERY LIMITED TO PLAINTIFFS' SECOND MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. #13 ) AS FOLLOWS: INTERROGATORIES AND DOCUMENT PRODUCTION REQUESTS SHALL BE PROPOUNDED NO LATER THAN FRIDAY SEPTEMBER 17, 2021 AT 10 AM. FULL AND COMPLETE RESPONSES SHALL BE PROVIDED NO LATER THAN MONDAY, SEPTEMBER 20, 2021 AT 12 PM. PLAINTIFFS SHALL, NO LATER THAN TOMORROW, SEPTEMBER 16, 2021 AT 12 PM, PROPOUND A RULE 30(B)(6) DEPOSITION NOTICE LIMITING DESIGNATION AREAS TO THEIR REQUEST FOR A TEMPORARY RESTRAINING ORDER. ANY SUCH DEPOSITION SHALL BE COMPLETED NO LATER THAN WEDNESDAY, SEPTEMBER 22, 2021 AT 12 PM.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/15/2021. 9/15/2021 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 17 RESPONSE in Opposition re #13 Second MOTION for Temporary Restraining Order filed by ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(SANTARONE, JOSEPH) |
| Filing 16 NOTICE of Appearance by GRACE M. DEON on behalf of ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART with Certificate of Service (Attachments: #1 Certificate of Service for Entry of Appearance)(DEON, GRACE) |
| Filing 15 STANDING ORDER OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/13/2021. 9/14/2021 ENTERED AND COPIES E-MAILED.(rt) |
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Filing 14
ORDER, IT IS HEREBY ORDERED THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS' SECOND MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. #13 ) NO LATER THAN 10AM ON WEDNESDAY, SEPTEMBER 15, 2021.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/13/2021. 9/13/2021 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 13 Second MOTION for Temporary Restraining Order filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X.Brief. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(MUSSELMAN, IAN) |
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Filing 12
ORDER, IT IS HEREBY ORDERED THAT PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. #2 ) IS DENIED WITHOUT PREJUDICE AS MOOT. THE PLAINTIFFS HAD SUGGESTED THAT THE COUNCIL ROCK SCHOOL DISTRICT AND OTHERS MIGHT DEFY, IGNORE, CHALLENGE, OR OTHERWISE FAIL TO COMPLY WITH THE SECRETARY OF HEALTHS ORDER. SHOULD THAT OCCUR, PLAINTIFFS ARE FREE TO RENEW THEIR MOTION, WHICH WILL BE ADDRESSED VERY PROMPTLY.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/7/2021. 9/7/2021 ENTERED AND COPIES E-MAILED.(rt)
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| Filing 11 E-MAIL TO JUDGE DIAMOND; FROM JOSEPH J. SANTARONE; DATED 9/3/21 (amas, ) |
| Filing 10 E-MAIL TO JUDGE DIAMOND; FROM IAN J. MUSSELMAN; DATED 9/3/21 (amas, ) |
| Filing 9 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order , Motion for Order to Show Cause, Motion for expedited Discovery filed by ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART. (SANTARONE, JOSEPH) |
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Filing 8
ORDER THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS'S MOTION FOR TEMPORARY RESTAINING ORDER BY 12 PM ON 9/3/21; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/2/21. 9/2/21 ENTERED AND E-MAILED.(JL )
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| Filing 7 LETTER TO JUDGE DIAMOND; FROM JOSEPH J. SANTARONE; DATED 9/1/21. (amas, ) |
| Filing 6 NOTICE of Appearance by JOSEPH J. SANTARONE, JR on behalf of ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART with Certificate of Service (Attachments: #1 Certificate of Service)(SANTARONE, JOSEPH) |
| Filing 5 RESPONSE in Support re #2 MOTION for Temporary Restraining Order , Motion for Order to Show Cause, Motion for expedited Discovery Letter filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X. (MUSSELMAN, IAN) |
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Filing 4
ORDER THAT PARTIES SHALL INFORM THE COURT IN WRITING NO LATER THAN 5 PM TODAY, 8/31/21, WHETHER OR NOT PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. #2 ) SHOULD BE DENIED WITHOUT PREJUDICE AS MOOT IN LIGHT OF GOVERNOR WOLF'S MASKING ORDER ANNOUNCED EARLIER TODAY. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/31/21. 8/31/21 ENTERED AND COPIES E-MAILED.(amas, )
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| Filing 3 EXHIBIT Designation by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X.. (MUSSELMAN, IAN) |
| Filing 2 MOTION for Temporary Restraining Order , Motion for Order to Show Cause, Motion for expedited Discovery filed by C A, A E and C E, A H and C H, N B, Z B, B C, E C, E M, K M and C M, I H, L H, M J, M L, E L and M L 2, O P, L R(a minor, by and through their parent, T.K.), L R(a minor, by and through their parent, C.R.), M R, C S, X.. (Attachments: #1 Brief, #2 Text of Proposed Order)(MUSSELMAN, IAN) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-15371791.), filed by M J, I H, X, O P, L R(a minor, by and through their parent, T.K.), E M, K M and C M, E C, C A, N B, A E and C E, B C, M L, E L and M L 2, L R(a minor, by and through their parent, C.R.), C S, L H, M R, Z B, A H and C H. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(MUSSELMAN, IAN) |
| Summons Issued as to ANDREW BLOCK, DENISE BROOKS, MARK BYELICH, COUNCIL ROCK SCHOOL DISTRICT, JOSEPH HIDALGO, KRISTIN MARCELL, MARIANNE MCKEE, ED SALAMON, EDWARD F. TATE, III, MICHAEL THORWART. Forwarded To: PLAINTIFF'S COUNSEL on 8/31/21 (amas, ) |
| Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. PLAINTIFF's counsel is directed to file DESIGNATION FORM in this case using the Exhibit docket event. (sbt, ) |
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