S.A. et al v. Sioux Falls School District 49-5 et al
| S.A., L.A., H.B., Ad.S., Al.S., S.D., A.L., M.B., M.D., M.W., K.A. and R.T. |
| Sioux Falls School District 49-5, Jane Stavem and Casey Meile |
| 4:2023cv04139 |
| September 12, 2023 |
| US District Court for the District of South Dakota |
| Charles B Kornmann |
| Karen E Schreier |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Sex Discrimination |
| None |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 35
Defendants' ANSWER to #1 Complaint by All Defendants. (Almond, Reece)
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Filing 34
ORDER DENYING DEFENDASNT'S MOTION TO STAY DISTRICT COURT PROCEEDINGS PENDING OUTCOME OF APPEAL denying #31 Motion to Stay. Signed by U.S. District Judge Charles B. Kornmann on 11/8/2023. (ARW)
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Filing 33
MEMORANDUM in Opposition re #31 MOTION to Stay re #26 Order on Motion for TRO, #27 Notice of Appeal filed by All Plaintiffs. (Wilka, Claire)
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TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #31 MOTION to Stay re #26 Order on Motion for TRO, #27 Notice of Appeal , #32 Memorandum in Support of Motion, #30 Transcript,, #33 Memorandum in Opposition to Motion.. (SLT)
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Filing 32
MEMORANDUM in Support re #31 MOTION to Stay re #26 Order on Motion for TRO, #27 Notice of Appeal filed by Sioux Falls School District 49-5. (Almond, Reece)
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Filing 31
MOTION to Stay re #26 Order on Motion for TRO, #27 Notice of Appeal by Sioux Falls School District 49-5. (Attachments: #1 Proposed Order Granting Stay of District Court Proceedings) (Almond, Reece)
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Filing 30
TRANSCRIPT of Proceedings re #25 Motion Hearing held on October 10, 2023 before Judge Charles B. Kornmann. Court Reporter: Cheryl A. Hook, Telephone number: 605-945-4626. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 2/2/2024. (Hook, Cheryl)
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Filing 29
USCA Case Number and Appeal Briefing Schedule Order for #27 Notice of Appeal filed by Sioux Falls School District 49-5. USCA Case Number: 23-3401 (Attachments: #1 Briefing Schedule). (TAL)
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Filing 28
TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #27 Notice of Appeal. (SLT)
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Filing 27
NOTICE OF APPEAL as to #26 Order on Motion for TRO by Sioux Falls School District 49-5. (paid $505 Appellate Filing fee; receipt number ASDDC-4151156). (Almond, Reece)
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Filing 26
MEMORANDUM OPINION AND ORDER GRANTING PRELIMINARY INJUNCTION. Signed by U.S. District Judge Charles B. Kornmann on 10/13/2023. (CLR)
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Filing 25
Motion Hearing held on 10/10/2023 re #3 MOTION for Preliminary Injunction filed by plaintiffs before U.S. District Judge Charles B. Kornmann.. (Court Reporter: Cheryl Hook) (KMH)
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Filing 24
AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction [Angi Allen] filed by All Plaintiffs. (Attachments: #1 Exhibit A - Athletic Advisory Council Meeting Minutes, #2 Exhibit B - 2021 Survey (High School), #3 Exhibit C - 2021 Survey (Middle School), #4 Exhibit D - 9-28-22 Meeting Minutes, #5 Exhibit E - 6-15-23 Emails with Jones, #6 Exhibit F - 7-7-23 and 7-11-23 Emails with Jones) (Wilka, Claire)
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Filing 23
(FILED IN ERROR) AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction [Angi Allen] filed by All Plaintiffs. (Attachments: #1 Exhibit A - Athletic Advisory Council Meeting Minutes, #2 Exhibit B - 2021 Survey (High School), #3 Exhibit C - 2021 Survey (Middle School), #4 Exhibit D - 9-28-22 Meeting Minutes, #5 Exhibit E - 6-15-23 Emails with Jones, #6 Exhibit F - 7-7-23 and 7-11-23 Emails with Jones) (Wilka, Claire) Modified on 10/5/2023 (SLT).
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Filing 22
AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction [Les Coin] filed by All Plaintiffs. (Wilka, Claire)
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Filing 21
AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction [Kevin Knapp] filed by All Plaintiffs. (Wilka, Claire)
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Filing 20
AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction [Eric Van Beek] filed by All Plaintiffs. (Attachments: #1 Exhibit A - Emails with OCR) (Wilka, Claire)
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Filing 19
REPLY to Motion Response re #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by All Plaintiffs. (Wilka, Claire)
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NOTICE of Filing Error: #23 Affidavit in Support of Motion, was filed in error and should be disregarded. (Wilka, Claire)
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Filing 18
AFFIDAVIT in Opposition re #3 MOTION for Temporary Restraining Order and Preliminary Injunction of Jane Stavem, Ed.D. filed by All Defendants. (Attachments: #1 Exhibit Participation Spreadsheet, #2 Exhibit Participation Charts) (Schulte, Eric)
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Filing 17
RESPONSE to #3 Motion for TRO Defendants' Brief Opposing filed by All Defendants. (Schulte, Eric)
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Filing 16
SCHEDULING ORDER: Motion Hearing set for 10/10/2023 at 10:30 AM in Aberdeen Courtroom 1 before U.S. District Judge Charles B. Kornmann. Remote Video Conference Hearing set for 10/10/2023 at 10:30 AM in Sioux Falls Courtroom 2. Signed by U.S. District Judge Charles B. Kornmann on 9/28/2023. (JLS) Modified to fix remote time on 10/2/2023 (SLW).
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Filing 15
ORDER approving #14 Stipulation filed by M.W., M.B., A.L., R.T., K.A., S.A., L.A., Al.S., H.B., Ad.S., S.D., M.D. Signed by U.S. District Judge Charles B. Kornmann on 9/22/2023. (ARW)
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Filing 14
STIPULATION re #3 MOTION for Temporary Restraining Order and Preliminary Injunction by A.L., Ad.S., Al.S., H.B., K.A., L.A., M.B., M.D., M.W., R.T., S.A., S.D.. (Wilka, Claire)
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Filing 13
NOTICE of Appearance by Alayna A. Holmstrom on behalf of All Defendants. (Holmstrom, Alayna)
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Filing 12
NOTICE of Appearance by Eric C. Schulte on behalf of All Defendants. (Schulte, Eric)
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Filing 11
I have reviewed Rule 7.1 of the Federal Rules of Civil Procedure requiring nongovernmental corporate parties or nongovernmental corporations that seek to intervene to file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10 percent or more of its stock and certify that it does not apply to Sioux Falls School District 49-5. (Almond, Reece)
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Filing 10
NOTICE of Appearance by Reece M. Almond on behalf of All Defendants. (Almond, Reece)
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Filing 9
WAIVER OF SERVICE Returned Executed by M.B., A.L., H.B., R.T., M.W., S.A., Al.S., M.D., S.D., Ad.S., K.A., L.A.. Casey Meile waiver sent on 9/14/2023, answer due 11/13/2023. (Hagen, Alex)
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Filing 8
WAIVER OF SERVICE Returned Executed by M.B., A.L., H.B., R.T., M.W., S.A., Al.S., M.D., S.D., Ad.S., K.A., L.A.. Jane Stavem waiver sent on 9/14/2023, answer due 11/13/2023. (Hagen, Alex)
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Filing 7
WAIVER OF SERVICE Returned Executed by M.B., A.L., H.B., R.T., M.W., S.A., Al.S., M.D., S.D., Ad.S., K.A., L.A.. Sioux Falls School District 49-5 waiver sent on 9/14/2023, answer due 11/13/2023. (Hagen, Alex)
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Filing 6
ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Charles B. Kornmann for all further proceedings. U.S. District Judge Karen E. Schreier no longer assigned to case. Signed by U.S. District Judge Karen E. Schreier on 9/14/2023. (ARW)
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RECEIVED flash drive containing excel files of exhibits A3 and B1-B4 re #5 Affidavit. Placed in SF Clerk's Vault. (SLW)
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Filing 5
AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit A-April 11, 2023, email from Bobbie Tibbetts to members of the Sioux Falls School Board, #2 Exhibit A-1-attachment to April 11, 2023 email entitled Sioux Falls High School Gymnastics, #3 Exhibit A-2-attachment to April 11, 2023 email entitled Budget School Book, #4 Exhibit A-3-entitled AAI New, #5 Exhibit B-April 20, 2023 email from Angi Allen to members of the Sioux Falls School Board, #6 Exhibit B-1-attachment to April 20, 2023 email entitled Pubschgen-22 (1).xlsx, #7 Exhibit B-2-attachment to April 20, 2023 email entitled Sports Participation.xlsx, #8 Exhibit B-3-attachment to April 20, 2023 email entitled Roster Details.xlsx, #9 Exhibit B-4-attachment to April 20, 2023 email entitled Unduplicated Roster Details.xlsx., #10 Exhibit C-April 23, 2023 email from Bobbie Tibbetts to members of the Sioux Falls School Board., #11 Personal Identification Attachment D-Sioux Falls Argus Leader, Sioux Falls students wont have gymnastics by fall, pending school board vote, April 24, 2023, #12 Exhibit E-a copy of the decision, Barrett v. West Chester University of Pennsylvania, 2003 U.S. Dist. LEXIS 21095 (E.D. Pa. Nov 13, 2003),, #13 Exhibit F-a copy of Letter from Norma V. Cant to Colleagues (Jan. 16, 1996), #14 Personal Identification Attachment G-Sioux Falls School District Proposed Budget April 11, 2023) (Hagen, Alex)
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Filing 4
MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by All Plaintiffs. (Hagen, Alex)
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Filing 3
MOTION for Temporary Restraining Order and Preliminary Injunction by A.L., Ad.S., Al.S., H.B., K.A., L.A., M.B., M.D., M.W., R.T., S.A., S.D.. (Hagen, Alex)
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Filing 2
Summons Issued as to All Defendants. 3 Summons(es) delivered via electronic delivery to counsel. CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: #National Forms: https://www.uscourts.gov/services-forms/forms. (SKK)
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Filing 1
COMPLAINT, $402 fee paid, receipt# ASDDC-4118834, in shell case on 9/12/23 filed by M.B., A.L., H.B., R.T., M.W., S.A., Al.S., M.D., S.D., Ad.S., K.A., L.A. (SKK)
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