Gray v. Needville Independent School District et al
| Treyvion Gray |
| Needville Independent School District, Needville Independent School District's Board of Trustees, Chris Janicek, Kim Janke, Scott Valchar, Tim Sbrusch, Chase Raska, Glenn Vecera, John West, Curtis Rhodes, Steve Adamson and Derek Maresh |
| 4:2022cv01245 |
| April 19, 2022 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
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Filing 40
ORDER granting #39 Joint Stipulation of Dismissal with prejudice as to Defendants Kim Janke, Derek Maresh, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West, Steve Adamson and Chris Janicek. The stipulation is limited as set forth above and shall have no application to PlaintiffGrays claims against Needville Independent School District. (Signed by Judge George C Hanks, Jr) Parties notified. (bthomas, 4)
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| Filing 39 STIPULATION of Dismissal with Prejudice by Treyvion Gray, filed.(Moore, Melissa) |
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Filing 38
Order of USCA; Judgment issued as mandate 6/2/22 re: #28 Notice of Appeal; USCA No. 22-20229. It is ORDERED that Appellee's opposed motion to dismiss the appeal for lack of jurisdiction is GRANTED, filed. (rnieto, 1)
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Response in Opposition to Defendant's Motion to Dismiss to Rules 12(b)(1) & (6). Plaintiff's response due by 6/7/2022 to respond to Defendants' Motion to Dismiss Pursuant to Rules 12(b)(1) & (6). (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 36 Unopposed MOTION for Extension of Time to File His Response to Defendants' Motion to Dismiss Pursuant to Rules 12(b)(1) & (6) by Treyvion Gray, filed. Motion Docket Date 6/14/2022. (Attachments: #1 Proposed Order)(Moore, Melissa) |
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Filing 35
ORDER. Before the Court is a joint request to cancel the Permanent Injunction Hearing set for May 18, 2022, and to extend the Temporary Restraining Order entered by the Court on May 4, 2022 Dkt. #27 until June 1, 2022. The request Dkt. #34 is GRANTED. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #28 Notice of Appeal, USCA No. 22-20229, filed.(scastillo, 1) |
| Electronic Access to Record on Appeal Provided re: #28 Notice of Appeal, to Jonathan Brush, Amy Demmler, Curt Hessee, Melissa Moore, and Kyle Stone. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 22-20229), filed.(scastillo, 1) |
| Filing 34 LETTER OF AGREEMENT re: JOINT EXPEDITED agreement to extend TRO (Dkt. No. 27) for an additional 14-days and cancel Permanent Injunction Hearing by Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West, filed.(Brush, Jonathan) |
| Filing 33 Notice of Filing of Official Transcript as to #32 Transcript - Appeal. Party notified, filed. (RachelWillborg, 4) |
| Filing 32 APPEAL TRANSCRIPT re Motion proceedings held on 5/4/2022 before Judge George C Hanks, Jr. Court Reporter/Transcriber Lanie Smith. Ordering Party: Defendants. This transcript relates to the following: #28 Notice of Appeal, #31 Appeal Transcript Request, #25 AO435 Transcript Request,. Release of Transcript Restriction set for 8/4/2022., filed. (LanieSmith, 4) |
| Filing 31 DKT13 TRANSCRIPT ORDER REQUEST by Defendants / Jonathan G. Brush. This is to order a transcript of Hearing on Plaintiff's Motion for TRO, 5/4/22, Judge George C. Hanks, Jr.. Court Reporter/Transcriber: Lanie Smith. This order form relates to the following: #28 Notice of Appeal, #29 Motion Hearing,,,, filed. (Brush, Jonathan) |
| Filing 30 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #28 Notice of Appeal,. Fee status: Paid. Reporter(s): L Smith, filed. (Attachments: #1 Notice of Appeal) (mperez, 1) |
| Notice of Assignment of USCA No. 22-20229 re: #28 Notice of Appeal, filed.(mperez, 1) |
| Appeal Review Notes re: #28 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(mperez, 1) |
| Filing 28 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #27 Order,, by Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West (Filing fee $ 505, receipt number ATXSDC-28134844), filed. (Brush, Jonathan) |
| Filing 29 Minute Entry for proceedings held before Judge George C Hanks, Jr. EVIDENTIARY MOTION HEARING held on 5/4/2022. At the hearing, the following rulings were made as stated on the record: 1. Evidentiary Hearing was held regarding Plaintiff Treyvion Grays Motion for Temporary Restraining Order. Dkt. #15 . 2. The Court finds that it does have subject matter jurisdiction for the reasons stated on the record. 3. Direct and Cross Examination of Treyvion Gray. 4. Direct and Cross Examination of Brahna Williams. 5. Defendants 12(b)(1) motion is denied for the reasons stated on the record. 6. Plaintiffs motion regarding IDEA is denied as moot for the reasons stated on the record. Appearances: Jonathan Brush, Amy Demmler, Curt Hesse, Melissa Moore. (Court Reporter: Lanie Smith), filed. (bthomas, 4) |
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Filing 27
ORDER granting #15 Opposed MOTION for Temporary Restraining Order. Needville High School and its employees are enjoined from enforcing the NISD Dress Code and Hair Policy against Gray or otherwise seeking to force Gray to cut his locs; are immediately to permit Gray to transfer back into regular in-class instruction at Needville High School; and are to allow Gray to participate in extracurricular activities including prom and the commencement ceremony for graduating seniors on Friday, May 20, 2022, without cutting his locs. A permanent injunction hearing will be held on Wednesday, May 18, 2022.(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 26
ORDER granting #22 Motion for Leave to File Exhibits Under Seal. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 25 AO 435 TRANSCRIPT REQUEST by Defendants / Jonathan G. Brush for Transcript of Hearing on Plaintiff's Motion for TRO, 5/4/22, Judge George C. Hanks, Jr.. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Lanie Smith, filed. (Brush, Jonathan) |
| Filing 24 NOTICE of Supplement in Support of His Motion for Temporary Restraining Order & Preliminary Injunction re: #15 Opposed MOTION for Temporary Restraining Order by Treyvion Gray, filed. (Attachments: #1 Exhibit 9, #2 Exhibit 10)(Moore, Melissa) |
| Filing 23 SEALED EXHIBITS re: #21 Response in Opposition to Motion, by Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West, filed. (Brush, Jonathan) |
| Filing 22 Unopposed MOTION for Leave to File Exhibits to Defendants' Response to Plaintiff's Motion for Temporary Restraining Order Under Seal by Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West, filed. Motion Docket Date 5/24/2022. (Attachments: #1 Proposed Order)(Brush, Jonathan) |
| Filing 21 RESPONSE in Opposition to #15 Opposed MOTION for Temporary Restraining Order, #16 EMERGENCY MOTION, filed by Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West. (Brush, Jonathan) |
| Filing 20 CERTIFICATE OF INTERESTED PARTIES by Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West, filed.(Brush, Jonathan) |
| Filing 19 NOTICE of Appearance by Amy Demmler on behalf of Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West, filed. (Demmler, Amy) |
| Filing 18 NOTICE of Appearance by Jonathan G. Brush on behalf of Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West, filed. (Brush, Jonathan) |
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Filing 17
ORDER. The Court ORDERS the defendants to file an expedited response by 5:00 p.m. on May 3, 2022. The Court will hold a hearing on the plaintiffs motion at 10:00 a.m. on May 4, 2022, via Zoom. Since no counsel has made an appearance for the defendants, the Court further ORDERS the plaintiff to serve this order and a copy of his motion requesting a TRO on Defendants Needville Independent School District, Chris Janicek, Kim Janke, and Curtis Rhodes by 5:00 p.m. on May 2, 2022 and to file proof of that service with the Court assoon as practicable thereafter.(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 16 EMERGENCY MOTION by Treyvion Gray, filed. Motion Docket Date 5/17/2022. (Attachments: #1 Proposed Order Proposed Order)(Moore, Melissa) |
| Filing 15 Opposed MOTION for Temporary Restraining Order by Treyvion Gray, filed. Motion Docket Date 5/17/2022. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Proposed Order Proposed Order)(Moore, Melissa) |
| Filing 14 RETURN of Service of SUMMONS Executed as to Tim Sbrusch served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
| Filing 13 RETURN of Service of SUMMONS Executed as to Scott Valchar served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
| Filing 12 RETURN of Service of SUMMONS Executed as to Needville Independent School District served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
| Filing 11 RETURN of Service of SUMMONS Executed as to Kim Janke served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
| Filing 10 RETURN of Service of SUMMONS Executed as to John West served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
| Filing 9 RETURN of Service of SUMMONS Executed as to Glenn Vecera served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
| Filing 8 RETURN of Service of SUMMONS Executed as to Curtis Rhodes served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
| Filing 7 RETURN of Service of SUMMONS Executed as to Chris Janicek served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
| Filing 6 RETURN of Service of SUMMONS Executed as to Chase Raska served on 4/20/2022, answer due 5/11/2022, filed.(Moore, Melissa) |
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/24/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(ShannonHolden, 4)
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| Filing 4 Request for Issuance of Summons as to Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West, filed. (Attachments: #1 Continuation, #2 Continuation, #3 Continuation, #4 Continuation, #5 Continuation, #6 Continuation, #7 Continuation, #8 Continuation, #9 Continuation, #10 Continuation)(Moore, Melissa) |
| Summons Issued as to Steve Adamson, Treyvion Gray, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West. Issued summons delivered to plaintiff in person, filed.(thanniable, 4) |
| Filing 3 NOTICE of Appearance by Curt Hesse on behalf of Treyvion Gray, filed. (Hesse, Curt) |
| Filing 2 NOTICE of Appearance by Melissa Moore on behalf of Treyvion Gray, filed. (Hesse, Curt) |
| Filing 1 COMPLAINT against Steve Adamson, Chris Janicek, Kim Janke, Derek Maresh, Needville Independent School District, Needville Independent School District's Board of Trustees, Chase Raska, Curtis Rhodes, Tim Sbrusch, Scott Valchar, Glenn Vecera, John West (Filing fee $ 402 receipt number ATXSDC-28050432) filed by Treyvion Gray. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Hesse, Curt) |
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