H. et al v. EASTON AREA SCHOOL DISTRICT Featured Case

Did the Easton Area School District violate the First Amendment rights of its student by prohibiting them from wearing a breast cancer awareness bracelet that displayed the message "I Heart Boobies"?

Plaintiff: B. H., JENNIFER HAWK, K. M. and AMY MCDONALD-MARTINEZ
Defendant: EASTON AREA SCHOOL DISTRICT
Case Number: 5:2010cv06283
Filed: November 15, 2010
Court: US District Court for the Eastern District of Pennsylvania
Office: Allentown Office
County: Northampton
Presiding Judge: MARY A MCLAUGHLIN
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 29, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2014 Filing 58 STIPULATION OF JUDGMENT AND ORDER. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 9/29/2014. 9/29/2014 ENTERED AND COPIES E-MAILED.(kp, )
September 26, 2014 Filing 57 STIPULATION of Judgment by B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ. (ROPER, MARY) (FILED IN ERROR BY ATTY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 9/29/2014 (md).
September 2, 2014 Opinion or Order Filing 56 ORDER THAT THE MOTION FOR EXTENSION OF TIME TO FILE FEE PETITION IS HEREBY GRANTED. PLAINTIFFS SHALL FILE ANY APPLICATION FOR ATTORNEYS' FEES AND COSTS BY 9/8/2014. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 9/2/2014.9/2/2014 ENTERED AND COPIES E-MAILED.(kp, )
August 28, 2014 Filing 55 Consent MOTION for Extension of Time to File Fee Petition filed by EASTON AREA SCHOOL DISTRICT.Fee Petition.(FREUND, JOHN)
July 15, 2014 Opinion or Order Filing 54 ORDER THAT THE PARTIES' JOINT MOTION FOR EXTENSION OF TIME TO FILE FEE PETITION IS GRANTED. PLAINTIFF SHALL FILE ANY APPLICATION FOR ATTORNEYS' FEES AND COSTS BY 8/29/2014. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 7/15/2014.7/15/2014 ENTERED AND COPIES E-MAILED.(kp, )
July 15, 2014 Filing 53 MOTION for Extension of Time to File Fee Petition filed by EASTON AREA SCHOOL DISTRICT.Certificate of Service.(COLLINS, KEELY)
April 29, 2014 Opinion or Order Filing 52 ORDER THAT THE JOINT MOTION FOR EXTENSION OF TIME TO FILE A FEE PETITION IS GRANTED. PLAINTIFFS SHALL FILE ANY APPLICATION FOR ATTORNEYS' FEES AND COSTS BY 7/15/2014. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/29/2014.4/29/2014 ENTERED AND COPIES E-MAILED.(kp, )
April 29, 2014 Filing 51 Joint MOTION for Extension of Time to File Fee Petition filed by B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ.Certificate of Service. (Attachments: #1 Text of Proposed Order)(TACK-HOOPER, MOLLY)
April 1, 2014 Opinion or Order Filing 50 STIPULATION AND ORDER THAT WITHIN 30 DAYS OF THIS ORDER DEFENDANT SHALL CONFIRM IN WRITING TO PLAINTIFFS' COUNSEL THAT DEFENDANT EITHER HAS EXPUNGED OR OTHERWISE DOES NOT MAINTAIN ANY RECORD OF B.H.'S AND K.M.'S SUSPENSIONS ON 10/28/2010. ANY APPLICATION FOR ATTORNEYS' FEES AND COSTS MAY BE FILED WITHIN 45 DAYS OF THIS ORDER.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/31/2014. 4/1/2014 ENTERED AND COPIES E-MAILED.(kp, )
March 31, 2014 Filing 49 STIPULATION OF JUDGMENT by B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ. (TACK-HOOPER, MOLLY) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 3/31/2014 (nd).
March 14, 2014 Opinion or Order Filing 48 ORDER THAT ON OR BEFORE 3/21/2014 THE PARTIES SHALL INFORM THE COURT HOW THEY WOULD LIKE TO PROCEED TO RESOLVE ALL OUTSTANDING ISSUES. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/14/2014. 3/14/2014 ENTERED AND COPIES E-MAILED.(kp, )
March 14, 2014 Opinion or Order Filing 47 ORDER of USCA THAT THE MOTION FOR LEAVE TO FILE CONSOLIDATED PETITIONS FOR ATTORNEYS' FEES IN THE DISTRICT COURT IS GRANTED. THE DISTRICT JUDGE SHALL RULE ON THE CONSOLIDATED PETITION AS IT RELATES TO THE DISTRICT COURT PROCEEDING BY ENTERING AN ORDER IN THE USUAL COURSE. WITH REGARD TO THE REQUEST FOR ATTORNEYS' FEES IN THE APPELLATE PROCEEDING, DISTRICT JUDGE MARY A. MCLAUGHLIN IS HEREBY APPOINTED TO TAKE SUCH STEPS AS NECESSARY TO RESOLVE THE CONSOLIDATED PETITION AND TO MAKE A REPORT AND RECOMMENDATION AT THE APPROPRIATE TIME TO THIS COURT REGARDING THE MOTION FOR ATTORNEYS' FEES IN THE APPELLATE PROCEEDING. SIGNED D.BROOKS SMITH CIRCUIT JUDGE, 3/14/2014. (kp, )
August 27, 2013 Opinion or Order Filing 46 ORDER of USCA DATED 8/5/2013 THAT THE JUDGMENT OF THE DISTRICT COURT DATED 4/12/2011 IS HEREBY AFFIRMED.(tomg, )
June 20, 2011 Opinion or Order Filing 45 ORDER THAT DEFT'S MOTION TO STAY (DOC. #43) IS DENIED AS OUTLINED HEREIN.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 6/20/2011.6/21/2011 ENTERED AND COPIES E-MAILED.(tomg, )
June 2, 2011 Filing 44 Memorandum In Opposition re #43 MOTION to Stay filed by B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ. (Attachments: #1 Text of Proposed Order)(ROPER, MARY)
May 19, 2011 Filing 43 MOTION to Stay filed by EASTON AREA SCHOOL DISTRICT.Motion, Memorandum, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(FREUND, JOHN)
April 27, 2011 NOTICE of Docketing Record on Appeal from USCA re #41 Notice of Appeal, filed by EASTON AREA SCHOOL DISTRICT. USCA Case Number 11-2067 (tomg, )
April 25, 2011 USCA Appeal Fees received $ 455 receipt number PPE042017 re #41 Notice of Appeal, filed by EASTON AREA SCHOOL DISTRICT (tomg, )
April 21, 2011 Filing 42 Clerk's Notice to USCA re #41 Notice of Appeal, : (tomg, )
April 21, 2011 Filing 41 NOTICE OF APPEAL as to #40 Order (Memorandum and/or Opinion), Order (Memorandum and/or Opinion), Order Dismissing Case, by EASTON AREA SCHOOL DISTRICT. Copies to Judge, Clerk USCA, Appeals Clerk and Certificate of Service. (Attachments: #1 Certificate of Service)(FREUND, JOHN) Modified on 4/22/2011 (nd, ).
April 12, 2011 Filing 40 MEMORANDUM AND/OR OPINION ORDER THAT THE MOTION FOR PRELIMINARY INJUNCTION (DOC. #2) IS GRANTED. THE DEFT IS HEREBY ENJOINED FROM SUSPENDING, THREATENING TO SUSPEND, OR OTHERWISE PUNISHING OR DISCIPLINING THE PLAINTIFFS FOR WARING THE BRACELETS PRESENTED TO THE COURT IN THIS CASE. THE COURT WAIVES THE RULE 65(c) SECURITY BOND REQUIREMENT.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/12/2011. 4/12/2011 ENTERED AND COPIES E-MAILED.(tomg, )
April 12, 2011 Filing 39 MEMORANDUM AND/OR OPINION RE: MOTION FOR PRELIMINARY INJUNCTION (DOC. #2). SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/12/2011. 4/12/2011 ENTERED AND COPIES E-MAILED.(tomg, )
March 3, 2011 Filing 38 Notice of Filing of Official Transcript with Certificate of Service re #37 Transcript - PDF, 3/3/2011 Entered and Copies Emailed.(tomg, )
March 3, 2011 Filing 37 TRANSCRIPT of Oral Argument on Preliminary Injunction held on 2/18/2011, before Judge McLaughlin. Court Reporter/Transcriber Milahn Hull. 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.. Redaction Request due 3/21/2011. Redacted Transcript Deadline set for 3/31/2011. Release of Transcript Restriction set for 5/31/2011. (tomg, )
February 18, 2011 Filing 36 Minute Entry for Oral Argument - Preliminary Injunction proceedings held 2/18/2011 before HONORABLE MARY A. MCLAUGHLIN. Court Reporter: Milahn Hull. (jcab)
January 31, 2011 Filing 35 Proposed Findings of Fact and Conclusions of Law by B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ. Certificate of Service (ROPER, MARY)
January 31, 2011 Filing 34 Proposed Findings of Fact and Conclusions of Law by EASTON AREA SCHOOL DISTRICT. Certificate of Service (Attachments: # 1 Supplement Brief, # 2 Text of Proposed Order Proposed Order, # 3 Supplement Cert of Service)(FREUND, JOHN)
December 30, 2010 Filing 33 NOTICE of Withdrawal of Appearance by CARL W. HITTINGER on behalf of All Plaintiffs (Attachments: # 1 Certificate of Service)(HITTINGER, CARL)
December 29, 2010 Filing 32 NOTICE of Withdrawal of Appearance by CARL W. HITTINGER on behalf of All Plaintiffs (Attachments: # 1 Certificate of Service)(HITTINGER, CARL)
December 28, 2010 Filing 31 Notice of Filing of Official Transcript with Certificate of Service re 30 Transcript - PDF, 12/28/2010 Entered and Copies Emailed and Mailed.. (tomg, )
December 28, 2010 Filing 30 TRANSCRIPT of Evidentiary Hearing held on 12/16/2010, before Judge Honorable Mary A. McLaughlin. Court Reporter/Transcriber Raymond Wolf. 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.. Redaction Request due 1/18/2011. Redacted Transcript Deadline set for 1/25/2011. Release of Transcript Restriction set for 3/25/2011. (tomg, )
December 17, 2010 Opinion or Order Filing 29 ORDER THAT THE PARTIES SHALL FILE SEPARATE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON OR BEFORE 1/31/2011; AND ORAL ARGUMENT ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION WILL BE HELD ON 2/18/2011 AT 9:30 A.M., IN COURTROOM 13A.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 12/16/2010. 12/17/2010 ENTERED AND COPIES MAILED, E-MAILED.(tomg, )
December 17, 2010 Filing 28 Minute Entry for proceedings held before HONORABLE MARY A. MCLAUGHLIN: Motion Hearing RE: Motion for Preliminary Injunction held on 12/16/2010 (tomg, )
December 16, 2010 Opinion or Order Filing 27 ORDER THAT THE APPLICATION OF NATHAN P. HELLER, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 12/15/2010. 12/16/2010 ENTERED AND COPIES MAILED, E-MAILED.(tomg, )
December 16, 2010 Opinion or Order Filing 26 ORDER THAT THE DEFENDANT'S MOTION TO QUASH (DOC. #23) IS DENIED AS MOOT.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 12/16/2010.12/16/2010 ENTERED AND COPIES E-MAILED.(tomg, )
December 16, 2010 Filing 25 Minute Entry for proceedings held before HONORABLE MARY A. MCLAUGHLIN: Telephone Conference held on 12/15/2010 (tomg, )
December 16, 2010 Opinion or Order Filing 24 ORDER THAT THE DEFENDANT'S MOTION IN LIMINE (DOC. #20) IS DENIED WITHOUT PREJUDICE SUBJECT TO OBJECTIONS FOR FORM OR RELEVANCE DURING THE HEARING, ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 12/15/2010.12/16/2010 ENTERED AND COPIES E-MAILED.(tomg, )
December 15, 2010 Filing 23 MOTION to Quash filed by EASTON AREA SCHOOL DISTRICT.Brief. (Attachments: # 1 Supplement Brief, # 2 Text of Proposed Order, # 3 Supplement Certificate of Service)(FREUND, JOHN)
December 15, 2010 Filing 22 APPLICATION for PRO HAC VICE ADMISSION of (NATHAN P. HELLER) filed by (B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ), statement and certificate of service. (FILING FEE PAID, RECEIPT #PPE034434) (tomg, )
December 15, 2010 Filing 21 Exhibit List Second Amended by EASTON AREA SCHOOL DISTRICT.. (FREUND, JOHN)
December 15, 2010 Filing 20 MOTION in Limine filed by EASTON AREA SCHOOL DISTRICT.Memorandum, Certificate of Service. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Text of Proposed Order)(FREUND, JOHN)
December 14, 2010 Filing 19 Exhibit List AMENDED by EASTON AREA SCHOOL DISTRICT.. (FREUND, JOHN)
December 13, 2010 Filing 18 Witness List by EASTON AREA SCHOOL DISTRICT. (FREUND, JOHN)
December 13, 2010 Filing 17 Exhibit List by EASTON AREA SCHOOL DISTRICT.. (FREUND, JOHN)
December 9, 2010 Filing 16 Minute Entry/Report of Conference for proceedings held before HONORABLE MARY A. MCLAUGHLIN on 12/8/2010. (kw, )
December 9, 2010 Opinion or Order Filing 15 ORDER THAT THE PARTIES SHALL EXCHANGE EXHIBITS AND WITNESS LISTS ON OR BEFORE 12/13/2010 AND SEND A COPY TO THE COURT, ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 12/9/2010. 12/10/2010 ENTERED AND COPIES E-MAILED.(tomg, )
December 6, 2010 Filing 14 REPLY to Response to Motion re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service)(HITTINGER, CARL)
December 2, 2010 Opinion or Order Filing 13 ORDER THAT THE PRE-HEARING CONFERENCE SCHEDULED FOR 12/8/2010 AT 4:30 P.M., IS RESCHEDULED FOR 3:00 P.M., ON THAT DATE, IN CHAMBERS.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 12/2/2010. 12/2/2010 ENTERED AND COPIES MAILED, E-MAILED.(tomg, )
December 2, 2010 Filing 12 NOTICE of Appearance by MONIQUE MYATT GALLOWAY on behalf of B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ (Attachments: # 1 Certificate of Service)(tomg, )
December 2, 2010 Filing 11 NOTICE of Appearance by CARL W. HITTINGER on behalf of EASTON AREA SCHOOL DISTRICT with Certificate of Service (Attachments: # 1 Certificate of Service)(HITTINGER, CARL) Modified on 12/2/2010 (afm, ). (FILED IN ERROR, ATTORNEY REFILING CORRECT DOCUMENT)
December 1, 2010 Filing 10 ANSWER to 1 Complaint, by EASTON AREA SCHOOL DISTRICT. (Attachments: # 1 certificate of service)(FREUND, JOHN)
November 29, 2010 Filing 9 RESPONSE to Motion re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Brief and Certificate of Service filed by EASTON AREA SCHOOL DISTRICT. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Text of Proposed Order)(FREUND, JOHN)
November 18, 2010 Filing 8 Letter from JOHN E. FREUND, III to The Honorable Mary A. McLaughlin dated 11/17/2010 re: TRO (tomg, )
November 18, 2010 Opinion or Order Filing 7 ORDER THAT THE PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER IS DENIED WITHOUT PREJUDICE. THE CLERK OF COURT SHALL PLACE THE LETTER FROM JOHN E. FREUND, III DATED 11/17/2010 ON THE DOCKET OF THIS CASE. A HEARING ON THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION WILL TAKE PLACE ON 12/16/2010 AT 9:30 A.M., IN COURTROOM 13A.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 11/18/2010. 11/18/2010 ENTERED AND COPIES E-MAILED.(tomg, )
November 16, 2010 Filing 6 Minute Entry for proceedings held before HONORABLE MARY A. MCLAUGHLIN: Telephone Conference held on 11/15/2010 (tomg, )
November 16, 2010 Filing 5 NOTICE of Appearance by MARTHA M. TACK-HOOPER, WITOLD WALCZAK, SETH F. KREIMER, on behalf of B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ, with Certificate of Service(TACK-HOOPER, MARTHA) Modified on 11/30/2010 (md).
November 15, 2010 Filing 4 NOTICE of Appearance by JEFFREY T. TUCKER on behalf of EASTON AREA SCHOOL DISTRICT with jury demand certificate of service (Attachments: # 1 certificate of service)(TUCKER, JEFFREY)
November 15, 2010 Filing 3 NOTICE of Appearance by JOHN E. FREUND, III on behalf of EASTON AREA SCHOOL DISTRICT with jury demand certificate of service (Attachments: # 1 certificate of service)(FREUND, JOHN)
November 15, 2010 Filing 2 MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by B. H., JENNIFER HAWK, K. M., AMY MCDONALD-MARTINEZ.MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 Memorandum, # 2 Declaration)(tj, )
November 15, 2010 Filing 1 COMPLAINT against EASTON AREA SCHOOL DISTRICT ( Filing fee $ 350 receipt number 032716.), filed by JENNIFER HAWK, B. H., K. M., AMY MCDONALD-MARTINEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Case Management Track Form)(tj, ) (Additional attachment(s) added on 11/15/2010: # 4 Complete Civil Cover Sheet) (tj, ).
November 15, 2010 Summons Issued as to EASTON AREA SCHOOL DISTRICT. Forwarded To: Counsel on 11/15/10 (tj, )

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Search for this case: H. et al v. EASTON AREA SCHOOL DISTRICT
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Plaintiff: B. H.
Represented By: CARL W. HITTINGER
Represented By: MARY CATHERINE ROPER
Represented By: MOLLY M. TACK-HOOPER
Represented By: MONIQUE MYATT GALLOWAY
Represented By: NATHAN P. HELLER
Represented By: SETH KREIMER
Represented By: WITOLD J. WALCZAK
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Plaintiff: JENNIFER HAWK
Represented By: CARL W. HITTINGER
Represented By: MARY CATHERINE ROPER
Represented By: MOLLY M. TACK-HOOPER
Represented By: MONIQUE MYATT GALLOWAY
Represented By: NATHAN P. HELLER
Represented By: SETH KREIMER
Represented By: WITOLD J. WALCZAK
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Plaintiff: K. M.
Represented By: CARL W. HITTINGER
Represented By: MARY CATHERINE ROPER
Represented By: MOLLY M. TACK-HOOPER
Represented By: MONIQUE MYATT GALLOWAY
Represented By: NATHAN P. HELLER
Represented By: SETH KREIMER
Represented By: WITOLD J. WALCZAK
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Plaintiff: AMY MCDONALD-MARTINEZ
Represented By: CARL W. HITTINGER
Represented By: MARY CATHERINE ROPER
Represented By: MOLLY M. TACK-HOOPER
Represented By: MONIQUE MYATT GALLOWAY
Represented By: NATHAN P. HELLER
Represented By: SETH KREIMER
Represented By: WITOLD J. WALCZAK
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Defendant: EASTON AREA SCHOOL DISTRICT
Represented By: JOHN E. FREUND, III
Represented By: JEFFREY T. TUCKER
Represented By: KEELY J. COLLINS
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