B. P. J. et al v. West Virginia State Board of Education et al
| B. P. J. and Heather Jackson |
| West Virginia Secondary School Activities Commission, West Virginia State Board of Education, W. Clayton Burch, Harrison County Board of Education, Dora Stutler and Patrick Morrisey |
| The State of West Virginia |
| United States of America |
| 2:2021cv00316 |
| May 26, 2021 |
| US District Court for the Southern District of West Virginia |
| Joseph R Goodwin |
| Civil Rights: Education |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
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Filing 69
ORDER denying as moot Defendants' #54 , #56 , and #58 Motions to Dismiss. Signed by Judge Joseph R. Goodwin on 7/28/2021. (cc: counsel of record; any unrepresented party) (btm)
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Filing 68
SUMMONS RETURNED EXECUTED for Patrick Morrisey, re: #64 First Amended Complaint. Patrick Morrisey served on 7/20/2021, answer due 8/10/2021. (Stark, Loree)
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Filing 67
MEMORANDUM OPINION & ORDER granting Plaintiff's #2 MOTION for a Preliminary Injunction. While this case is pending, Defendants are enjoined from enforcing Section 18-2-25d against B.P.J. She will be permitted to sign up for and participate in school athletics in the same way as her girl classmates. I find that a bond is unnecessary and waive its requirement in this case. The court further DIRECTS the Clerk to post a copy of this published opinion on the court's website. Signed by Judge Joseph R. Goodwin on 7/21/2021. (cc: counsel of record; any unrepresented party) (arb)
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Filing 66
ELECTRONIC SUMMONS ISSUED as to Patrick Morrisey, re: #64 First Amended Complaint. Summons returnable 14 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (kew)
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Filing 65
CONSOLIDATED OPPOSITION by B. P. J., Heather Jackson to #54 , #56 and #58 Motions to Dismiss. (Stark, Loree)
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Filing 64
FIRST AMENDED COMPLAINT by B. P. J., Heather Jackson against W. Clayton Burch, Harrison County Board of Education, State of West Virginia, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, Patrick Morrisey. (Attachment: #1 Proposed Summons)(Stark, Loree) (Modified on 7/19/2021 to convert event to amended complaint) (kew).
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Filing 63
ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 8/5/2021. Last day for Rule 26(f) meeting - 8/30/2021. Last day to file report of Rule 26(f) meeting - 9/7/2021. Scheduling Conference at 9:00 AM on 9/20/2021 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 9/30/2021. Last day to make Rule 26(a)(1) disclosures - 10/4/2021. Signed by Judge Joseph R. Goodwin on 7/8/2021. (cc: counsel of record; any unrepresented parties) (mfo)
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Filing 62
STATEMENT OF VISITING ATTORNEY from David C. Tryon on behalf of State of West Virginia. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-7983140. (Capehart, Curtis)
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Filing 61
ANSWER TO #1 Complaint With Jury Demand by State of West Virginia.(Capehart, Curtis) (Modified on 7/3/2021 to add jury demand) (mk).
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Filing 60
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tara L. Borelli updating name and/or firm information. (Borelli, Tara) (Modified on 7/3/2021 to convert event to notice of change of attorney information) (mk).
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Filing 59
MEMORANDUM OF LAW by Harrison County Board of Education, Dora Stutler in support of #58 MOTION by Harrison County Board of Education, Dora Stutler to Dismiss #1 Complaint. (Deniker, Susan)
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Filing 58
MOTION by Harrison County Board of Education, Dora Stutler to Dismiss #1 Complaint. (Deniker, Susan) (Modified on 7/5/2021 to add link to #1 complaint) (kew).
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Filing 57
MEMORANDUM by West Virginia Secondary School Activities Commission in support of #56 MOTION by West Virginia Secondary School Activities Commission to Dismiss #1 Complaint. (Green, Roberta)
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Filing 56
MOTION by West Virginia Secondary School Activities Commission to Dismiss #1 Complaint. (Green, Roberta)
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Filing 55
MEMORANDUM OF LAW by W. Clayton Burch, West Virginia State Board of Education in support of #54 MOTION by West Virginia State Board of Education, W. Clayton Burch to Dismiss #1 Complaint. (Morgan, Kelly)
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Filing 54
MOTION by West Virginia State Board of Education, W. Clayton Burch to Dismiss #1 Complaint. (Morgan, Kelly) (Modified on 7/1/2021 to add party filer) (lca).
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Filing 53
CONSOLIDATED REPLY by B. P. J., Heather Jackson to #47 Response and the #48 , #49 and #50 Responses In Opposition. (Attachment: #1 Supplemental Expert Declaration of Joshua D. Safer) (Stark, Loree)
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Filing 52
ORDER granting #51 Motion Pursuant to Local Rule of Civil Procedure 7.1(a)(2) For Leave to File Consolidated 30-Page Reply Brief in Support of Plaintiff's Motion for Preliminary Injunction. Signed by Judge Joseph R. Goodwin on 6/28/2021. (cc: counsel of record; any unrepresented party) (lca)
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Filing 51
MOTION by B. P. J., Heather Jackson for Leave to File Consolidated 30-Page Reply Brief in Support of #2 Motion for Preliminary Injunction. (Attachment: #1 Proposed Order)(Stark, Loree) (Modified on 6/25/2021 to add link to #2 motion) (kew).
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Filing 50
RESPONSE by Harrison County Board of Education, Dora Stutler in opposition to #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Deniker, Susan)
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Filing 49
RESPONSE by State of West Virginia in opposition to #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Capehart, Curtis)
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Filing 48
RESPONSE by W. Clayton Burch, West Virginia State Board of Education in opposition to #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Morgan, Kelly)
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Filing 47
RESPONSE by West Virginia Secondary School Activities Commission to #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B)(Green, Roberta)
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Filing 46
ORDER granting #45 Motion to Exceed the Page Limit. Signed by Judge Joseph R. Goodwin on 6/22/2021. (cc: counsel of record; any unrepresented party) (kew)
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Filing 45
MOTION by Harrison County Board of Education, Dora Stutler for Leave to Exceed the Page Limit Responding to the #2 Motion for Preliminary Injunction. (Deniker, Susan) (Modified on 6/22/2021 to add link to #2 motion) (kew).
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Filing 44
ORDER directing the #40 Unopposed Motion by State of West Virginia to Intervene is GRANTED; further directing the request for an additional two days to respond to Plaintiffs' Motion for a Preliminary Injunction is DENIED. Signed by Judge Joseph R. Goodwin on 6/18/2021. (cc: counsel of record; any unrepresented party) (ts)
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Filing 43
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING to #1 Complaint to 7/2/2021 by West Virginia State Board of Education, West Virginia Secondary School Activities Commission, Heather Jackson, B. P. J., Harrison County Board of Education, W. Clayton Burch, Dora Stutler. (Morgan, Kelly) (Modified on 6/17/2021 to add link to #1 complaint and to add party filers) (kew).
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Filing 42
STATEMENT OF INTEREST by United States of America. (Vaughan, Aria)
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Filing 41
MEMORANDUM OF LAW by State of West Virginia in support of #40 UNOPPOSED MOTION by State of West Virginia to Intervene and for Proposed Response Deadline. (Capehart, Curtis)
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Filing 40
UNOPPOSED MOTION by State of West Virginia to Intervene and for Proposed Response Deadline. (Capehart, Curtis)
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SET ANSWER DEADLINES for W. Clayton Burch, Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education to 7/2/2021. (kew)
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Filing 39
ORDER denying #36 Unopposed Motion to Amend the Briefing Schedule; Defendants' Response to the #2 Motion for a Preliminary Injunction is due 6/23/2021; Plaintiffs' Reply is due 6/30/2021. Signed by Judge Joseph R. Goodwin on 6/15/2021. (cc: counsel of record; any unrepresented party) (kew)
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Filing 38
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants W. Clayton Burch, West Virginia State Board of Education (Morgan, Kelly)
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Filing 37
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Harrison County Board of Education (Deniker, Susan)
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Filing 36
MOTION by Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, W. Clayton Burch for Amended Schedule. (Deniker, Susan) (Modified on 6/15/2021 to add party filer) (kew).
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Filing 35
AMENDED PROOF/CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint and Initial Pleadings to the Solicitor General of the Office of the West Virginia Attorney General Pursuant to FRCP 5.1(b). (Stark, Loree)
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Filing 34
PROOF/CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint and Initial Pleadings to the Solicitor General of the Office of the West Virginia Attorney General Pursuant to FRCP 5.1(b). (Stark, Loree)
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Filing 33
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant West Virginia Secondary School Activities Commission (Green, Roberta)
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Filing 32
APPEARANCE OF COUNSEL by Susan L. Deniker on behalf of Harrison County Board of Education, Dora Stutler. (Deniker, Susan)
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Filing 31
NOTICE OF ATTORNEY APPEARANCE by Roberta F. Green on behalf of West Virginia Secondary School Activities Commission. (Green, Roberta)
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Filing 30
NOTICE OF APPEARANCE by Kelly C. Morgan on behalf of W. Clayton Burch, West Virginia State Board of Education. (Morgan, Kelly)
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Filing 29
ORDER denying #27 EXPEDITED MOTION by B. P. J., Heather Jackson for a Scheduling Order; Defendants' Response to Plaintiffs' Motion for a Preliminary Injunction is due on 6/16/2021; Plaintiffs' Reply to the Response is due 6/23/2021. Signed by Judge Joseph R. Goodwin on 6/14/2021. (cc: counsel of record; any unrepresented party) (kew)
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Filing 28
PROPOSED ORDER Order Granting Expedited Motion for a Scheduling Order by B. P. J., Heather Jackson. (Stark, Loree)
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Filing 27
EXPEDITED MOTION by B. P. J., Heather Jackson for a Scheduling Order. (Stark, Loree)
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Filing 26
STATEMENT OF VISITING ATTORNEY from Sruti J. Swaminathan on behalf of Heather Jackson, B. P. J.. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7964227. (Stark, Loree)
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Filing 25
SUPPLEMENTAL DECLARATION of Katelyn Kang by B. P. J., Heather Jackson is support of #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Barr, Andrew) (Modified on 6/10/2021 to correct link and to add party filer) (kew).
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Filing 24
STATEMENT OF VISITING ATTORNEY from Elizabeth Reinhardt on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958508. (Stark, Loree)
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Filing 23
STATEMENT OF VISITING ATTORNEY from Katelyn Kang on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958498. (Stark, Loree)
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Filing 22
STATEMENT OF VISITING ATTORNEY from Kathleen Hartnett on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958489. (Stark, Loree)
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Filing 21
STATEMENT OF VISITING ATTORNEY from Julie Veroff on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958472. (Stark, Loree)
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Filing 20
STATEMENT OF VISITING ATTORNEY from Andrew Barr on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958465. (Stark, Loree)
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Filing 19
MEMORANDUM OF LAW by B. P. J., Heather Jackson in support of #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (docketed pursuant to #18 order) (kew)
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Filing 18
ORDER granting #3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation; the Clerk is directed to docket the proposed document [ECF No. 3-1] as Plaintiffs' Memorandum in Support of Plaintiff's Motion for Preliminary Injunction. Signed by Judge Joseph R. Goodwin on 6/2/2021. (cc: counsel of record; any unrepresented party) (kew)
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Filing 17
SUMMONS RETURNED EXECUTED for Harrison County Board of Education, re: #1 Complaint, #3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. Harrison County Board of Education served on 6/1/2021, answer due 6/22/2021. (Stark, Loree)
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Filing 16
SUMMONS RETURNED EXECUTED for West Virginia Secondary School Activities Commission, re: #1 Complaint, #3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. West Virginia Secondary School Activities Commission served on 6/1/2021, answer due 6/22/2021. (Stark, Loree)
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Filing 15
SUMMONS RETURNED EXECUTED for Dora Stutler, re: #1 Complaint, #3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. Dora Stutler served on 5/28/2021, answer due 6/18/2021. (Stark, Loree)
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Filing 14
SUMMONS RETURNED EXECUTED for W. Clayton Burch, re: #1 Complaint, #3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. W. Clayton Burch served on 5/28/2021, answer due 6/18/2021. (Stark, Loree)
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Filing 13
SUMMONS RETURNED EXECUTED for West Virginia State Board of Education, re: #1 Complaint, #3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, #2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. West Virginia State Board of Education served on 5/28/2021, answer due 6/18/2021. (Stark, Loree)
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Filing 12
SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Motion to File Brief in Excess of the Page Limitation. (Stark, Loree)
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Filing 11
SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Motion for Preliminary Injunction. (Stark, Loree)
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Filing 10
SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint. (Stark, Loree)
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Filing 9
STATEMENT OF VISITING ATTORNEY from Carl S. Charles on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955410. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew).
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Filing 8
STATEMENT OF VISITING ATTORNEY from Tara L. Borelli on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955408. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew).
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Filing 7
STATEMENT OF VISITING ATTORNEY from Avatara Smith-Carrington on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # BWVSDC-7955405. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew).
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Filing 6
STATEMENT OF VISITING ATTORNEY from Joshua A. Block on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955402. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew).
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Filing 5
ELECTRONIC SUMMONS ISSUED as to W. Clayton Burch, Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons Issued as to Harrison County Board of Education, #2 Summons Issued as to W. Clayton Burch, #3 Summons Issued as to West Virginia Secondary School Activities Commission, #4 Summons Issued as to West Virginia State Board of Education) (kew)
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Filing 4
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)
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Filing 3
MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation with proposed document attached (Attachments: #1 Exhibit A, #2 Proposed Order) (kew)
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Filing 2
MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Attachments: #1 Declarations of Joshua Safer and Heather Jackson, #2 Proposed Order) (kew)
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Filing 1
COMPLAINT. Filing Fee $402.00. Receipt # CHAR019069. (Attachments: #1 Declaration of Loree Stark, #2 Proposed Summons as to Dora Stutler, #3 Proposed Summons as to Harrison County Board of Education, #4 Proposed Summons as to W. Clayton Burch, #5 Proposed Summons as to West Virginia Secondary School Activities Commission, #6 Proposed Summons as to West Virginia State Board of Education, #7 Receipt, #8 Civil Cover Sheet) (kew)
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CASE assigned to Judge Joseph R. Goodwin. (klc)
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