Ryan v. Grapevine-Colleyville Independent School District et al
| Mitchell Ryan |
| Grapevine-Colleyville ISD, Jorge Rodriguez and Grapevine-Colleyville Independent School District |
| 4:2021cv01075 |
| September 21, 2021 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 40
ORDER: Lead counsel for each party (or designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer (the "Scheduling Conference") in a face-to-face conference as soon as practicable. The Joint Report, which shall be filed on or before December 16, 2021. (Ordered by Judge Mark Pittman on 11/18/2021) (sre)
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Filing 39
AMENDED COMPLAINT against Grapevine-Colleyville Independent School District, Jorge Rodriguez filed by Mitchell Ryan. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (sre)
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Filing 38
ORDER: Before the Court is Plaintiff Mitchell Ryan's Status Report and Motion for Leave to File Amended Complaint #37 . Having considered the Motion, the Court finds that leave should be, and is hereby, GRANTED. The Clerk of the Court is therefore instructed to file Plaintiff's Verified First Amended Complaint, attached to the Motion for Leave (ECF No. 37-1), as a separate docket entry. (Ordered by Judge Mark Pittman on 11/18/2021) (sre)
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Filing 37
MOTION for Leave to File Amended Complaint and STATUS REPORT filed by Mitchell Ryan. (Attachments: #1 Proposed Amendment, #2 Declaration(s)) (McDonald, Tony) Modified on 11/16/2021 (sre).
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Filing 36
ORDER: Ryan's Motion and Complaint #1 focus on the Open Forum Policies that were operational at the August Regular Board Meeting. But as articulated in the Status Report, these Policies are no longer operational: GCISD repealed and replaced them. Thus, because the Motion's claims are premised on the now- repealed August Open Forum Policies, the Court concludes that the Motion should be, and is hereby, DENIED as moot. The Court therefore ORDERS Ryan to submit a Status Report apprising the Court of whether any live claims remain on or before November 15, 2021. (Ordered by Judge Mark Pittman on 11/9/2021) (sre)
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Filing 35
STATUS REPORT in Compliance with the Court's Order filed by Grapevine-Colleyville Independent School District. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s)) (Cleveland, Joseph)
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Filing 34
Notice of Filing of Official Electronic Transcript of Preliminary Injunction Proceedings held on October 12, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (208 pages) Redaction Request due 11/17/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/25/2022. (mwg)
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Filing 33
ORDER : Before the Court is Plaintiff Mitchell Ryan's Motion for Temporary Restraining Order and Preliminary Injunction (Motion), which is premised on the theory that the current Open Forum Policies (current Forum Policies) at GrapevineColleyville Independent School District (GCISD) violate the First Amendment and should be enjoined to prevent future violations #3 . During the Motion's evidentiary hearing, however, GCISD made numerous, credible representations that the current Forum Policies would be replaced with a new Open Forum Policy (proposed Forum Policy) at the regular board meeting scheduled for Monday, October 25, 2021. Thus, as explained in the order, the Court DEFERS ruling on the Motion. The Court therefore ORDERS Defendants to submit a status report apprising the Court of the outcome of the vote on the proposed Forum Policy on or before October 28, 2021. (Ordered by Judge Mark Pittman on 10/25/2021) (sre)
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Filing 32
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Grapevine-Colleyville Independent School District, Jorge Rodriguez. (Cleveland, Joseph)
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Filing 31
FIRST AMENDED ANSWER and AFFIRMATIVE DEFENSES to #1 Complaint, filed by Grapevine-Colleyville Independent School District, Jorge Rodriguez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Cleveland, Joseph) Modified on 10/25/2021 (sre).
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Filing 30
ANSWER to #1 Complaint,,,, filed by Grapevine-Colleyville Independent School District, Jorge Rodriguez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Cleveland, Joseph)
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Filing 29
Exhibit List and Joint Exhibits by Mitchell Ryan, by Grapevine-Colleyville Independent School District, Jorge Rodriguez. (Cleveland, Joseph)
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Filing 28
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Evidentiary Hearing held on 10/12/2021. Attorney Appearances: Plaintiff - Tony McDonald, Garrett McMillan; Defense - Joseph F. Cleveland, Jr., Sarah Flournoy. (Court Reporter: Monica Guzman) (Joint Exhibits 1-21 admitted) Time in Court - 4:31. (chmb)
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Filing 27
ORDER denying #26 Motion to Continue. (Ordered by Judge Mark Pittman on 10/8/2021) (chmb) (lcarm)
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Filing 26
MOTION to Continue filed by Grapevine-Colleyville Independent School District, Jorge Rodriguez (Attachments: #1 Proposed Order) (Cleveland, Joseph)
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Filing 25
JOINT Exhibit List by Mitchell Ryan and by Grapevine-Colleyville Independent School District, Jorge Rodriguez, and Mitchell Ryan. (Cleveland, Joseph) Enhanced text on 10/13/2021 (dsr).
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Filing 24
Joint Witness List by Grapevine-Colleyville Independent School District, Jorge Rodriguez, and Mitchell Ryan. (Cleveland, Joseph) Enhanced text on 10/13/2021 (dsr).
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Filing 23
CERTIFICATE OF SERVICE by Mitchell Ryan re #1 Complaint, #7 Summons Issued. Summons served on Sarah Flournoy, attorney for the Defendant Grapevine-Colleyville Independent School District, by email, who accepted service on 9/30/2021. (McDonald, Tony) Modified text to show person served, how they were served, and the date service was executed on 10/13/2021 (dsr).
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Filing 22
ORDER: "Proof of service or of waiver of service must be made by filing with the clerk the summons and any supporting documentation required or allowed by Fed. R. Civ. P. 4, or an executed waiver." LOCAL RULE 4.1 (emphasis added). As of the date of this Order, Plaintiff has failed to file proof of service or of waiver of service. Accordingly, the Court hereby ORDERS Plaintiff to file proof of service or of waiver of service on or before October 11, 2021. (Ordered by Judge Mark Pittman on 10/8/2021) (sre)
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Filing 21
RESPONSE filed by Grapevine-Colleyville Independent School District re: #3 MOTION for Temporary Restraining Order MOTION for Injunction (Cleveland, Joseph)
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Filing 20
Appendix in Support filed by Mitchell Ryan re #3 MOTION for Temporary Restraining Order MOTION for Injunction, #19 Brief/Memorandum in Support of Motion (Attachments: #1 Declaration(s) of Mitchell Ryan, #2 Exhibit(s) App 2, #3 Exhibit(s) App 3, #4 Exhibit(s) App 4, #5 Exhibit(s) App 5) (McDonald, Tony)
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Filing 19
Brief/Memorandum in Support filed by Mitchell Ryan re #3 MOTION for Temporary Restraining Order MOTION for Injunction (McDonald, Tony)
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Filing 18
NOTICE of Attorney Appearance by Warren V Norred on behalf of Mitchell Ryan. (Filer confirms contact info in ECF is current.) (Norred, Warren)
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Filing 17
ORDER: It is ORDERED that Plaintiff Mitchell Ryan's #3 Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED as to a Temporary Restraining Order. It is further ORDERED that an evidentiary hearing on Plaintiff's Motion for a Preliminary Injunction will be held at 9:00 a.m. on Tuesday, October 12, 2021. The Parties shall submit proposed Exhibit Lists and Witness Lists on or before October 8, 2021. Supplemental briefs or appendices due on or before 10/4/2021; Response brief or appendix due on or before 10/7/2021. (Ordered by Judge Mark Pittman on 9/27/2021) (bdb)
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Filing 16
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 9/24/2021 re #3 Motion for TRO. Attorney Appearances: Plaintiff - Tony McDonald, Garrett McMillan; Defense - Joseph F. Cleveland, Jr., Sarah Flournoy. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - :55. (chmb)
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Filing 15
NOTICE of Defendants' Statement Regarding Video of August 23, 2021 GCISD School Board Meeting filed by Grapevine-Colleyville Independent School District, Jorge Rodriguez (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Cleveland, Joseph)
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Filing 14
NOTICE of Filing of the Link to the Videotape Recording of the August 23, 2021 Grapevine-Colleyville ISD's Board Meeting filed by Grapevine-Colleyville Independent School District, Jorge Rodriguez (Cleveland, Joseph)
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Filing 13
Appendix in Support filed by Grapevine-Colleyville Independent School District, Jorge Rodriguez re #12 Response/Objection (Attachments: #1 Affidavit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s)) (Cleveland, Joseph)
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Filing 12
OBJECTION, MOTION for continuance and RESPONSE to Plaintiff's motion for TRO #3 filed by Grapevine-Colleyville Independent School District, Jorge Rodriguez. (Cleveland, Joseph) Modified on 9/24/2021 (sre).
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Filing 11
ORDER: Before the Court is Plaintiff's Unopposed Motion to Proceed Without Local Counsel #10 . Having considered the Motion, the Court finds that it should be GRANTED in part. The Court therefore GRANTS leave to Plaintiff's counsel to proceed in the September 24, 2021 hearing without local counsel. Accordingly, Plaintiff is ORDERED to file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a) on or before September 30, 2021. Failure to comply with this Order shall result in the imposition of sanctions and/or the dismissal of this case without prejudice and without further notice. (Ordered by Judge Mark Pittman on 9/23/2021) (sre)
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Filing 10
MOTION Unopposed Motion for Leave to Proceed Without Local Counsel filed by Mitchell Ryan (McDonald, Tony)
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Filing 9
CERTIFICATE OF SERVICE by Mitchell Ryan re #5 Order Setting Deadline/Hearing,, (McDonald, Tony)
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Filing 8
ORDER: The parties should be advised that this Court, like all of the judges of the Fort Worth Division, has a long and consistent history of requiring litigants to strictly adhere to the Local Rules. (see order for specifics) (Ordered by Judge Mark Pittman on 9/22/2021) (bdb)
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Filing 7
Summons Issued as to Grapevine-Colleyville Independent School District, Jorge Rodriguez. (sre)
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Filing 6
New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre)
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Filing 5
ORDER: Plaintiff shall serve Defendants' counsel with a copy of this order no later than September 22, 2021 at 5:00 p.m. It is hereby ORDERED that Defendants shall file a Response brief to Plaintiff's #3 Motion for Temporary Restraining Order on or before September 23, 2021 at 5:00 p.m. It is further ORDERED that an evidentiary hearing on Plaintiff's Motion for Temporary Restraining Order will be held at 9:00 a.m. on Friday, September 24, 2021. (Ordered by Judge Mark Pittman on 9/21/2021) (bdb)
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Filing 4
Brief/Memorandum in Support filed by Mitchell Ryan re #3 MOTION for Temporary Restraining Order (McDonald, Tony)
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Filing 3
MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Mitchell Ryan (McDonald, Tony). Added MOTION for Injunction on 9/21/2021 (twd).
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mitchell Ryan. (McDonald, Tony)
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Filing 1
COMPLAINT against All Defendants filed by Mitchell Ryan. (Filing fee $402; Receipt number 0539-12237914) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (McDonald, Tony)
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