M.F. et al v. Carroll Independent School District et al
| M.F., Michael Fisher and Katherine Fisher |
| Carroll Independent School District, Whitney Wheeler and Kim Ray |
| Robyn Bormaster |
| 4:2023cv01102 |
| October 29, 2023 |
| U.S. District Court for the Northern District of Texas |
| Reed C O'Connor |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2025. A more recent docket listing may be available from PACER.
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Filing 47
ORDER: Before the Court is Plaintiff's Unopposed #46 Joint for Withdrawal and Substitution of Counsel. The Court GRANTS Plaintiff's Motion. The Court ORDERS that Mazin Sbaiti, Jonathan Bridges, and Griffin Rubin are hereby withdrawn as counsel of record for Plaintiff and DIRECTS the Clerk of Court to remove them from the electronic service list in this case. (Ordered by Judge Reed C. O'Connor on 12/21/2023) (mmw)
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Filing 46
Joint MOTION to Withdraw as Attorney for Plaintiff M.F., a minor, by and through his father, Michael Fisher and his mother, Katherine Fisher filed by M.F. (Attachments: #1 Proposed Order Order) (Rubin, Griffin)
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Filing 45
Joint STIPULATION to Modify Expert-Designation Deadlines by Katherine Fisher, Michael Fisher, M.F.. (Rubin, Griffin)
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Filing 44
NOTICE of Attorney Appearance by Mark S Whitburn on behalf of Katherine Fisher, Michael Fisher, M.F.. (Filer confirms contact info in ECF is current.) (Whitburn, Mark)
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Filing 43
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Carroll Independent School District, Kim Ray, Whitney Wheeler. (Clerk QC note: No affiliate entered in ECF). (Davis, Timothy)
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Filing 42
ANSWER to #41 Second Amended Complaint filed by Carroll Independent School District, Kim Ray, Whitney Wheeler. 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. 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. (Davis, Timothy) Modified on 12/15/2023 (mmw).
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Filing 41
SECOND AMENDED COMPLAINT WITH JURY DEMAND Second Amended Complaint against All Defendants filed by M.F.. 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. (Rubin, Griffin) Modified text per PDF on 11/30/2023 (mmw).
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Filing 40
SCHEDULING ORDER: Joinder of Parties due by 1/26/2024. Amended Pleadings due by 1/26/2024. Dispositive motions due by 3/15/2024. Deadline for mediation is on or before 2/23/2024. Discovery completed by 2/16/2024. Pretrial Order due by 5/23/2024. Jury Trial set for 6/17/2024 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. See scheduling order for additional details. (Ordered by Judge Reed C. O'Connor on 11/28/2023) (chmb)
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Filing 39
Joint STATUS REPORT filed by Katherine Fisher, Michael Fisher, M.F.. (Rubin, Griffin)
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Filing 38
NOTICE of Dismissal of Individual Capacities filed by M.F. (Rubin, Griffin)
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Filing 37
ORDER : Before the Court is a third-party witness' 30 Motion for Protective Order, in Limine, and Sealing of File. The Court GRANTS the request to seal specific items. (Ordered by Judge Reed C. O'Connor on 11/17/2023) (mmw)
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Filing 35
ORDER: Before the Court is Witness Bormaster's 30 Motion for Protective Order, in Limine, and Sealing of File. The Court finds the first two requests MOOT due to the cancellation of the November 16, 2023 preliminary injunction hearing. As to the remaining request to seal, the Court DEFERS ruling at this time and ORDERS Bormaster, as the moving party, to specifically identify what should be sealed. (Ordered by Judge Reed C. O'Connor on 11/16/2023) (mmw)
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Deadline Modification: Status Report due by 11/28/2023 per #32 ORDER. (mmw)
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Filing 34
NOTICE of Withdrawal of Motion re: #27 MOTION Extend TRO, Continue PI Hearing, or in the Alternative Preclude FERPA-Protected Materials, #28 Brief/Memorandum in Support of Motion, #29 Appendix in Support filed by Katherine Fisher, Michael Fisher, M.F. (Rubin, Griffin)
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Filing 33
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by M.F., Michael Fisher, Katherine Fisher. 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. (Rubin, Griffin)
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Filing 32
ORDER finding as moot TRO hearing (Ordered by Judge Reed C. O'Connor on 11/15/2023) (Judge Reed C. O'Connor)
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Filing 31
NOTICE of Mootness of the Preliminary-Injunction Hearing filed by Katherine Fisher, Michael Fisher, M.F. (Rubin, Griffin)
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Filing 29
Appendix in Support filed by M.F. re #27 MOTION Extend TRO, Continue PI Hearing, or in the Alternative Preclude FERPA-Protected Materials, #28 Brief/Memorandum in Support of Motion (Rubin, Griffin)
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Filing 28
Brief/Memorandum in Support filed by M.F. re #27 MOTION Extend TRO, Continue PI Hearing, or in the Alternative Preclude FERPA-Protected Materials (Rubin, Griffin)
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Filing 27
Emergency MOTION Extend TRO, Continue PI Hearing, or in the Alternative Preclude FERPA-Protected Materials filed by M.F. (Rubin, Griffin) Modified document title on 11/15/2023 (bdb).
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Filing 26
NOTICE of Attorney Appearance by Shane Fredrick Langston on behalf of Robyn Bormaster. (Filer confirms contact info in ECF is current.) (Langston, Shane)
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Filing 25
Joint STIPULATION to Early Deposition of Adrian Wormley by M.F.. (Rubin, Griffin)
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Filing 24
Exhibit List for the November 16, 2023 Preliminary-Injunction Hearing by Katherine Fisher, Michael Fisher, M.F.. (Rubin, Griffin)
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Filing 23
Witness List by Katherine Fisher, Michael Fisher, M.F.. (Rubin, Griffin)
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Filing 20
ORDER granting #17 Motion to Compel. The Court ORDERS Defendants to produce the requested items by no later than Tuesday, November 14, 2023. (Ordered by Judge Reed C. O'Connor on 11/10/2023) (chmb)
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Filing 19
Appendix in Support filed by M.F. re #17 Emergency MOTION to Compel Limited Expedited Discovery, or, In the Alternative, to Extend the TRO and Continue the Preliminary Injunction Hearing to Conduct Expedited Discovery, #18 Brief/Memorandum in Support of Motion, (Rubin, Griffin)
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Filing 18
Brief/Memorandum in Support filed by Katherine Fisher, Michael Fisher, M.F. re #17 Emergency MOTION to Compel Limited Expedited Discovery, or, In the Alternative, to Extend the TRO and Continue the Preliminary Injunction Hearing to Conduct Expedited Discovery (Rubin, Griffin)
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Filing 17
Emergency MOTION to Compel Limited Expedited Discovery, or, In the Alternative, to Extend the TRO and Continue the Preliminary Injunction Hearing to Conduct Expedited Discovery filed by Katherine Fisher, Michael Fisher, M.F. with Brief/Memorandum in Support. (Rubin, Griffin)
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Filing 16
NOTICE of Attorney Appearance by Jonathan Bridges on behalf of Katherine Fisher, Michael Fisher, M.F.. (Filer confirms contact info in ECF is current.) (Bridges, Jonathan)
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Filing 15
NOTICE of Attorney Appearance by Allison Allman on behalf of Carroll Independent School District. (Filer confirms contact info in ECF is current.) (Allman, Allison)
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Filing 14
ORDER SETTING HEARING: This matter is set for hearing on Thursday, November 16, 2023 at 9:00 a.m. Central Time to determine whether the injunction should remain in place throughout this lawsuit. Id. The hearing will commence in the Second Floor Courtroom located at 501 West 10th Street Fort Worth, Texas. During the hearing, the parties may call witnesses and present evidence for the Court's consideration. The parties SHALL submit witness and exhibits lists no later than November 13, 2023. (Ordered by Judge Reed C. O'Connor on 11/6/2023) (mmw)
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Hearing/Deadline Modification: Hearing set per #13 ORDER. Hearing set for 11/16/2023 at 9:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (mmw)
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Filing 13
ORDER granting #4 Motion for TRO. The Court temporarily ENJOINS Defendants from continuing to punish M.F. for his off-campus speech. Further, the Court temporarily DIRECTS Defendants to immediately reinstate M.F. at Durham Intermediate School. This matter is set for hearing on November 16, 2023 at 9:00 a.m. At such time, the Court will determinate whether or not this TRO should continue during the life of this lawsuit. (Ordered by Judge Reed C. O'Connor on 11/4/2023) (chmb)
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Filing 12
Appendix in Support filed by Katherine Fisher, Michael Fisher, M.F. re #11 Reply in Support of Plaintiff's Emergency Motion for Temporary Restraining Order & Request for Emergency Hearing (Rubin, Griffin)
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Filing 11
REPLY filed by Katherine Fisher, Michael Fisher, M.F. re: #4 Emergency MOTION for Temporary Restraining Order & Request for Emergency Hearing (Rubin, Griffin)
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Filing 10
SUMMONS Returned Executed as to Kim Ray ; served on 10/31/2023. (Rubin, Griffin)
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Filing 9
SUMMONS Returned Executed as to Whitney Wheeler ; served on 10/31/2023. (Rubin, Griffin)
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Filing 8
RESPONSE AND OBJECTION filed by Carroll Independent School District, Kim Ray, Whitney Wheeler re: #4 Emergency MOTION for Temporary Restraining Order & Request for Emergency Hearing (Attachments: #1 Exhibit(s) Exhibit "A") (Fisher, Thomas)
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Filing 7
SUMMONS Returned Executed as to Carroll Independent School District ; served on 10/31/2023. (Rubin, Griffin)
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Filing 6
ORDER: The Court ORDERS Defendants to respond on or before Thursday, November 2, 2023. The Court DIRECTS Plaintiffs to send this order to Defendants and notify them of its requested Temporary Restraining Order no later than October 30, 2023. (Ordered by Judge Reed C. O'Connor on 10/30/2023) (chmb)
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Filing 5
Brief/Memorandum in Support filed by M.F. re #4 Emergency MOTION for Temporary Restraining Order & Request for Emergency Hearing (Attachments: #1 Proposed Order) (Rubin, Griffin)
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Filing 4
Emergency MOTION for Temporary Restraining Order & Request for Emergency Hearing filed by M.F. with Brief/Memorandum in Support. (Rubin, Griffin)
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Filing 3
Summons Issued as to Carroll Independent School District, Kim Ray, Whitney Wheeler. (sre)
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Filing 2
New Case Notes: A filing fee has been paid. File to: Judge O Connor. 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 1
COMPLAINT WITH JURY DEMAND with REQUEST FOR TEMPORARY INJUNTIVE RELIEF against All Plaintiffs filed by M. F.. (Filing fee $402; Receipt number ATXNDC-14136216) 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 Civil Cover Sheet) (Rubin, Griffin) Modified on 10/30/2023 (sre).
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