Case: Schultz v. Medina Valley Independent School District

5:11-cv-00422 | U.S. District Court for the Western District of Texas

Filed Date: May 26, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

Summary posted to the Clearinghouse on August 4, 2020:On May 26, 2011, an agnostic graduating senior at Medina Valley High School, his older brother (a former student at the school), and their parents filed suit against the Medina Valley Independent School District in the U.S. District Court for the Western District of Texas. Represented by Americans United for Separation of Church and State and by private counsel, the plaintiffs asked the court for declaratory and injunctive relief, nominal da…

Summary posted to the Clearinghouse on August 4, 2020:

On May 26, 2011, an agnostic graduating senior at Medina Valley High School, his older brother (a former student at the school), and their parents filed suit against the Medina Valley Independent School District in the U.S. District Court for the Western District of Texas. Represented by Americans United for Separation of Church and State and by private counsel, the plaintiffs asked the court for declaratory and injunctive relief, nominal damages, and attorneys’ fees, alleging that the School District had violated their First Amendment rights. Specifically, the plaintiffs claimed that the school district, was in violation of the Establishment Clause by engaging in a course of conduct that included “presenting, sponsoring, encouraging, inviting, or coercing prayers at school and school-sponsored activities and events; displaying and permitting the display of crosses and other religious icons; and retaliating against students who complain[ed] about the unlawful promotion of religion or who decline[d] to participate in religious prayers, practices, or rituals.”

The plaintiffs moved for a temporary restraining order and preliminary injunction on the same day that they filed their complaint, hoping to enjoin the school district from featuring prayer at the upcoming high school graduation ceremony scheduled for June 4, 2011, two weeks after the complaint was filed. After a hearing on May 31, the District Court (Judge Fred Biery) granted their motion on June 1, finding that the plaintiffs were likely to succeed on the merits and that failing to issue an injunction would result in irreparable harm to the plaintiffs. It ordered the terms “invocation” and “benediction” stricken and any official group prayer removed from the graduation program.

The school district made an emergency interlocutory appeal to the Fifth Circuit, and on June 3, 2011, a three-judge panel (Judges W. Eugene Davis, Jerry E. Smith and Leslie H. Southwick) issued a per curiam opinion granting the motion to dissolve the temporary restraining order and preliminary injunction. The panel stated that they were not persuaded that the plaintiffs were “substantially likely to prevail on the merits, particularly on the issue that the individual prayers or other remarks to be given by students at graduation were, in fact, school-sponsored.”

The injunction was dissolved, and although the terms “invocation” and “benediction” had already been removed from the printed program, the graduation ceremony the following day included prayer as originally planned.

On July 11, 2011, the district court urged the parties to attempt to settle rather than engage in protracted litigation, and the parties agreed to try mediation. At the end of the summer, however, they reported that they had been unable to reach an agreement.

On September 6, 2011, the school district moved to dismiss the complaint for lack of jurisdiction. This motion was mooted by the plaintiffs’ submission of an amended complaint on November 2, but the school district submitted a second motion to dismiss the amended complaint for lack of jurisdiction on December 9, 2011. A month later, the district moved for summary judgment. The plaintiffs subsequently moved for partial summary judgment on the issue of school prayer.

The court never ruled on any of these motions, however, because the parties were able to settle their dispute in February 2012. On February 8, they submitted a joint motion to approve a proposed agreement. Under the terms of the settlement, the school district agreed to stop initiating, soliciting, or directing prayers at school events, displaying religious symbols and texts at schools, and inviting religious speakers to proselytize, or to play any part in writing or editing student graduation speeches. It further agreed to train its staff in how to comply with the agreement, educate students on religious diversity, and refrain from retaliating against or disparaging the plaintiffs. The agreement allowed student-led prayer at events. The court retained jurisdiction to enforce the settlement for ten years.

On February 9, 2012, the court entered a consent decree approving the settlement.

The following month, the court was called upon to enforce it—the school superintendent and the high school band director each made statements that could be construed as disparaging of the plaintiffs (the former referring to the lawsuit as a “witch hunt” and the latter calling the plaintiffs liars) shortly after the settlement was approved.

On March 19, 2012, the court issued an order requiring the district to apologize, and requiring the plaintiffs to accept the apology. Both did so.

As of August 4, 2020, the case is inactive, but the court retains jurisdiction through February 2022.

Summary Authors

Christopher Schad (6/13/2012)

Virginia Weeks (11/12/2017)

Michael Beech (3/23/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4400471/parties/schultz-v-medina-valley-independent-school-district/


Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Davis, W. Eugene (Louisiana)

Smith, Jerry Edwin (Texas)

Southwick, Leslie (Mississippi)

Attorneys(s) for Plaintiff

Flanary, Donald H. III (Texas)

Khan, Ayesha N. (District of Columbia)

Lipper, Gregory M. (District of Columbia)

Luchenitser, Alexander Joseph (District of Columbia)

Wilgus Null, Taryn C. (District of Columbia)

Attorneys(s) for Defendant

Castillo, Stacy Tuer (Texas)

Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Davis, W. Eugene (Louisiana)

Smith, Jerry Edwin (Texas)

Southwick, Leslie (Mississippi)

Attorneys(s) for Plaintiff

Flanary, Donald H. III (Texas)

Khan, Ayesha N. (District of Columbia)

Lipper, Gregory M. (District of Columbia)

Luchenitser, Alexander Joseph (District of Columbia)

Wilgus Null, Taryn C. (District of Columbia)

Attorneys(s) for Defendant

Castillo, Stacy Tuer (Texas)

Wood, D. Craig (Texas)

Documents in the Clearinghouse

Document

5:11-cv-00422

Docket [PACER]

March 22, 2012

March 22, 2012

Docket
1

5:11-cv-00422

Complaint

May 26, 2011

May 26, 2011

Complaint
18

5:11-cv-00422

Amended Order [Granting] Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

June 1, 2011

June 1, 2011

Order/Opinion
00511498424

11-50486

[Fifth Circuit] Order [Dissolving Temporary Restraining Order and Preliminary Injunction]

U. S. Court of Appeals for the Fifth Circuit

June 3, 2011

June 3, 2011

Order/Opinion
31

5:11-cv-00422

Advisory and Order Concerning Procedures to Reach Resolution of the Merits of This Case

July 11, 2011

July 11, 2011

Order/Opinion
75

5:11-cv-00422

First Amended Complaint

Nov. 2, 2011

Nov. 2, 2011

Complaint
76

5:11-cv-00422

Amended Order on Pending Motions

Nov. 7, 2011

Nov. 7, 2011

Order/Opinion
98

5:11-cv-00422

Defendant's Second Motion to Dismiss for Lack of Subject-Matter Jurisdiction

Dec. 9, 2011

Dec. 9, 2011

Pleading / Motion / Brief
118

5:11-cv-00422

Defendant's Motion for Summary Judgment

Jan. 4, 2012

Jan. 4, 2012

Pleading / Motion / Brief
122

5:11-cv-00422

Plaintiffs’ Motion for Partial Summary Judgment

Jan. 5, 2012

Jan. 5, 2012

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4400471/schultz-v-medina-valley-independent-school-district/

Last updated Aug. 6, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 350 receipt number 0542-3660796), filed by Christa Schultz.(Flanary, Donald) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

RECAP
2

MOTION for Temporary Restraining Order and Preliminary Injunction by Christa Schultz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Flanary, Donald) (Entered: 05/26/2011)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

May 26, 2011

May 26, 2011

PACER
3

AFFIDAVIT in Support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Christa Schultz. (Flanary, Donald) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
4

AFFIDAVIT in Support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Christa Schultz. (Flanary, Donald) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
5

NOTICE of Attorney Appearance by Donald H. Flanary, III on behalf of Christa Schultz (Flanary, Donald) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
6

MOTION to Appear Pro Hac Vice by Donald H. Flanary, III ( Filing fee $ 25 receipt number 0542-3660918) by on behalf of Christa Schultz. (Flanary, Donald) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
7

MOTION to Appear Pro Hac Vice by Donald H. Flanary, III ( Filing fee $ 25 receipt number 0542-3660931) by on behalf of Christa Schultz. (Flanary, Donald) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
8

Proposed Pretrial Order Granting Plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction by Christa Schultz. (Flanary, Donald) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
9

JS44 (Civil Cover Sheet) submitted by Christa Schultz. (Flanary, Donald) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER

Case Assigned to Chief Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kh2)

May 26, 2011

May 26, 2011

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Mathy (kh2)

May 26, 2011

May 26, 2011

PACER
10

ORDER setting Hearing on 2 MOTION for Temporary Restraining Order and Preliminary Injunction ( Motion Hearing set for 5/31/2011 11:00 AM before Chief Judge Fred Biery.). Signed by Chief Judge Fred Biery. (tm) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
11

Summons Issued as to Medina Valley Independent School District. (kh2) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
12

ORDER GRANTING 6 Motion to Appear Pro Hac Vice and GRANTING 7 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Chief Judge Fred Biery. (ga) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
13

SUMMONS Returned Executed by Christa Schultz, Danny Schultz, Trevor Schultz. Medina Valley Independent School District served on 5/27/2011, answer due 6/17/2011. (Flanary, Donald) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
14

SUPPLEMENT to 2 MOTION for Temporary Restraining Order and Preliminary Injunction (Supplemental Exhibits, 3 through 17; Exhibits 3 through 6 are in main document) by Christa Schultz, Danny Schultz, Trevor Schultz. (Attachments: # 1 Exhibit 7-9, # 2 Exhibit 10-17)(Luchenitser, Alexander) (Entered: 05/31/2011)

1 Exhibit 7-9

View on PACER

2 Exhibit 10-17

View on PACER

May 30, 2011

May 30, 2011

PACER
15

Minute Entry for proceedings held before Chief Judge Fred Biery: Motion Hearing held on 5/31/2011 re 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Christa Schultz (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rf) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

PACER
16

ORDER ON PLAINTIFF'S MOTION TERMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION GRANTING 2 Motion for TRO. Signed by Chief Judge Fred Biery. (rg) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
17

NOTICE OF INTERLOCUTORY APPEAL as to 16 Order on Motion for TRO by Medina Valley Independent School District. Filing fee $ 455, receipt number 0542-3670724. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (rf) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
18

AMENDED ORDER on 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Christa Schultz. Signed by Chief Judge Fred Biery. (tm) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

RECAP
19

AMENDED NOTICE OF INTERLOCUTORY APPEAL as to 18 Amended Order, 16 Order on Motion for TRO by Medina Valley Independent School District. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (ga) (ga, ). (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
20

Transcript filed of Proceedings held on 5/31/2011, Proceedings Transcribed: Hearing on Temporary Restraining Order and Preliminary Injunction. Court Reporter/Transcriber: Chris Poage, Telephone number: 210-244-5036. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 6/23/2011. Redacted Transcript Deadline set for 7/5/2011. Release of Transcript Restriction set for 8/31/2011. Appeal Record due by 6/17/2011. (Poage, Chris) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
21

Letter of transmittal from USCA received for 19 Notice of Appeal - Interlocutory,, filed by Medina Valley Independent School District, 17 Notice of Appeal - Interlocutory, filed by Medina Valley Independent School District. (bn ) (Entered: 06/06/2011)

June 3, 2011

June 3, 2011

PACER
22

ORDER of USCA (certified copy) regarding the appelant's emergency motion to stay enforcement of temporary restraining order and preliminary injuction is DISMISSED AS MOOT. ; re 19 Notice of Appeal - Interlocutory, 17 Notice of Appeal - Interlocutory, re 21 (bn ) (Entered: 06/06/2011)

June 3, 2011

June 3, 2011

PACER
23

Letter of transmittal from USCA received for 19 Notice of Appeal - Interlocutory, filed by Medina Valley Independent School District, 17 Notice of Appeal - Interlocutory, filed by Medina Valley Independent School District. (bn ) (Entered: 06/06/2011)

June 3, 2011

June 3, 2011

PACER
24

Certified copy of USCA JUDGMENT/MANDATE Dismissing. It is Therefore Ordered that the emergency motion of the appellants to dissolve the temporary restraining order and preliminary injunction is GRANTED; accordingly the temporary restrainging order and preliminary injunction entered by the district court are DISSOLVED, and the case is REMANDED to the district court for possible further proceedings. 17 Notice of Appeal - Interlocutory, filed by Medina Valley Independent School District, 19 Notice of Appeal - Interlocutory, filed by Medina Valley Independent School District.re 23 (bn, ) (Entered: 06/06/2011)

June 3, 2011

June 3, 2011

RECAP
25

ANSWER to 1 Complaint by Medina Valley Independent School District.(Wood, Donald) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

RECAP
26

MOTION to Appear Pro Hac Vice by Donald H. Flanary, III ( Filing fee $ 25 receipt number 0542-3714099) by on behalf of Christa Schultz, Danny Schultz, Trevor Schultz. (Flanary, Donald) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
27

ORDER GRANTING 26 Motion to Appear Pro Hac Vice for attorney Gregory M. Lipper. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Chief Judge Fred Biery. (ga) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
28

Order for Scheduling Recommendations/Proposed Scheduling Order. Parties shall submit a scheduling recommendations/proposed scheduling order to the Court by 7/8/2011. Signed by Chief Judge Fred Biery. (ga) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
29

Scheduling Recommendations by Christa Schultz, Danny Schultz, Trevor Schultz, Medina Valley Independent School District. (Lipper, Gregory) Modified on 7/8/2011, to add filer (rf). (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
30

Joint MOTION for Protective Order by Christa Schultz, Danny Schultz, Trevor Schultz, Medina Valley Independent School District. (Attachments: # 1 Exhibit Stipulated Protective Order)(Lipper, Gregory) Modified on 7/8/2011, to add filer (rf). (Entered: 07/08/2011)

1 Exhibit Stipulated Protective Order

View on PACER

July 8, 2011

July 8, 2011

PACER

Notice of Correction: ***NOTIFIED COUNSEL THAT THE DEFENDANT HAS BEEN ADDED AS A FILER OF THIS DOCUMENT**** re 29 Scheduling Recommendations/Proposed Scheduling Order. (rf)

July 8, 2011

July 8, 2011

PACER

Notice of Correction: ***NOTIFIED COUNSEL THAT THE DEFENDANT HAS BEEN ADDED AS A FILER OF THIS DOCUMENT**** re 30 Joint MOTION for Protective Order. (rf

July 8, 2011

July 8, 2011

PACER
31

ADVISORY AND ORDER CONCERNING PROCEDURES TO REACH RESOLUTION OF THE MERITS OF THIS CASE. Signed by Chief Judge Fred Biery. (rf) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

RECAP
32

Stipulated PROTECTIVE ORDER. Signed by Chief Judge Fred Biery. (ga) (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

RECAP
33

ADVISORY TO THE COURT by Christa Schultz, Danny Schultz, Trevor Schultz regarding 31 Court's order on settlement. (Lipper, Gregory) Modified on 7/21/2011 to add link (ga). (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

RECAP
34

ADVISORY TO THE COURT by Medina Valley Independent School District. (Wood, Donald) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

RECAP
35

SCHEDULING ORDER: ADR Report Deadline due by 9/6/2011. Amended Pleadings and Joinder of Parties due by 10/5/2011. Discovery due by 11/30/2011. Dispositive Motions due by 1/5/2012. The trial date will be determined at a later date by the Court. Signed by Chief Judge Fred Biery. (ga) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
36

Court Advisory Concerning Discovery. Signed by Chief Judge Fred Biery. (ga) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
37

Minute Entry for proceedings held before Chief Judge Fred Biery: Telephone Conference held on 7/25/2011 (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rf) (Entered: 07/26/2011)

July 25, 2011

July 25, 2011

PACER
38

MOTION to Appear Pro Hac Vice by Donald H. Flanary, III ( Filing fee $ 25 receipt number 0542-3832737) by on behalf of Christa Schultz, Danny Schultz, Trevor Schultz. (Flanary, Donald) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
39

ORDER GRANTING 38 Motion for Taryn C. Wilgus Null to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Chief Judge Fred Biery. (rg) (Entered: 08/11/2011)

Aug. 10, 2011

Aug. 10, 2011

PACER
40

Notice of Alternative Dispute Resolution Outcome: Did not settle.(rg) (Entered: 08/24/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
41

ADR Report Filed - by Christa Schultz, Danny Schultz, Trevor Schultz(Lipper, Gregory) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
42

Notice of Alternative Dispute Resolution Outcome: Did not settle.(Wood, Donald) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
43

MOTION to Dismiss for Lack of Jurisdiction by Medina Valley Independent School District. (Attachments: # 1 Affidavit)(Wood, Donald) Modified text on 9/7/2011 (rg). (Entered: 09/06/2011)

1 Affidavit

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Sept. 6, 2011

Sept. 6, 2011

PACER
44

MOTION to Dismiss for Lack of Jurisdiction by Medina Valley Independent School District. (Attachments: # 1 Proposed Order)(Wood, Donald) (Entered: 09/06/2011)

1 Proposed Order

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Sept. 6, 2011

Sept. 6, 2011

PACER
45

MOTION to Withdraw as Attorney Taryn C. Wilgus Null by Christa Schultz, Danny Schultz, Trevor Schultz. (Lipper, Gregory) (Entered: 09/09/2011)

Sept. 9, 2011

Sept. 9, 2011

PACER
46

NOTICE of Attorney Appearance by Stacy Tuer Castillo on behalf of Medina Valley Independent School District (Castillo, Stacy) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
47

Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Dismiss for Lack of Jurisdiction by Christa Schultz, Danny Schultz, Trevor Schultz. (Lipper, Gregory) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
48

ORDER GRANTING 47 Motion for Extension of Time to File Response/Reply to the Motion to Dismiss on or before October 3, 2011. Signed by Chief Judge Fred Biery. (rg) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
49

Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Plaintiffs' Designation of Witnesses/Exhibits) (Lipper, Gregory) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
51

Sealed Document filed. (rg) (Entered: 09/20/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
50

Sealed Order. Signed by Chief Judge Fred Biery. (rg) (Entered: 09/20/2011)

Sept. 20, 2011

Sept. 20, 2011

PACER
52

Motion for leave to File Sealed Document (Attachments: # 1 Brief, # 2 Affidavit, # 3 Affidavit) (Lipper, Gregory) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
53

Memorandum in Opposition to Motion, filed by Christa Schultz, Danny Schultz, Trevor Schultz, re 44 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Medina Valley Independent School District (Attachments: # 1 Affidavit, # 2 Affidavit)(Lipper, Gregory) (Entered: 10/03/2011)

1 Affidavit

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2 Affidavit

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Oct. 3, 2011

Oct. 3, 2011

PACER
54

Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Motion for Leave to File First Amended Complaint, # 2 Sealed Document First Amended Complaint, # 3 Sealed Document Exhibits to First Amended Complaint) (Lipper, Gregory) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
55

MOTION to Amend Complaint (Public Version) by Christa Schultz, Danny Schultz, Trevor Schultz. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit Exhibits to First Amended Complaint)(Lipper, Gregory) (Entered: 10/05/2011)

1 Exhibit First Amended Complaint

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2 Exhibit Exhibits to First Amended Complaint

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Oct. 5, 2011

Oct. 5, 2011

PACER
56

Unopposed MOTION for leave to permit Plaintiff Doe to proceed anonymously by Christa Schultz, Danny Schultz, Trevor Schultz. (Attachments: # 1 Affidavit Second Declaration of Gregory M. Lipper, # 2 Affidavit Fourth Declaration of Christa Schultz, # 3 Affidavit Fourth Declaration of Corwyn Schultz, # 4 Affidavit Third Declaration of Danny Schultz)(Lipper, Gregory) (Entered: 10/06/2011)

1 Affidavit Second Declaration of Gregory M. Lipper

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2 Affidavit Fourth Declaration of Christa Schultz

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3 Affidavit Fourth Declaration of Corwyn Schultz

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4 Affidavit Third Declaration of Danny Schultz

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Oct. 6, 2011

Oct. 6, 2011

PACER
57

ORDER - Court Advisory Regarding Discovery and Deposition Issue. Signed by Chief Judge Fred Biery. (rg) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

RECAP
58

MOTION to Strike and Response in Opposition filed by Medina Valley Independent School District, re 44 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Medina Valley Independent School District (Attachments: # 1 Proposed Order)(Wood, Donald) Modified on 10/12/2011, to edit text (rf). (Entered: 10/11/2011)

1 Proposed Order

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Oct. 11, 2011

Oct. 11, 2011

PACER
59

REPLY to Response to Motion, filed by Medina Valley Independent School District, re 44 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Medina Valley Independent School District (Attachments: # 1 Affidavit)(Wood, Donald) (Entered: 10/11/2011)

1 Affidavit

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Oct. 11, 2011

Oct. 11, 2011

PACER
60

ORDER GRANTING 45 Motion for Taryn c. Wilgus Null to Withdraw as Attorney. Signed by Chief Judge Fred Biery. (rg) (Entered: 10/13/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
61

Response in Opposition to Motion, filed by Medina Valley Independent School District, re 55 MOTION to Amend Complaint (Public Version) filed by Plaintiff Trevor Schultz, Plaintiff Danny Schultz, Plaintiff Christa Schultz (Attachments: # 1 Proposed Order)(Wood, Donald) (Entered: 10/13/2011)

1 Proposed Order

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Oct. 13, 2011

Oct. 13, 2011

PACER
62

Response in Opposition to Motion, filed by Medina Valley Independent School District, re 56 Unopposed MOTION for leave to permit Plaintiff Doe to proceed anonymously filed by Plaintiff Trevor Schultz, Plaintiff Danny Schultz, Plaintiff Christa Schultz (Attachments: # 1 Proposed Order)(Wood, Donald) (Entered: 10/13/2011)

1 Proposed Order

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Oct. 13, 2011

Oct. 13, 2011

PACER
63

Minute Entry for proceedings held before Chief Judge Fred Biery: Telephone Hearing held on 10/14/201.1 (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
64

MOTION to Compel Discovery Responses by Christa Schultz, Danny Schultz, Trevor Schultz. (Attachments: # 1 Affidavit Third Lipper Declaration + Exhibits 1-8, # 2 Exhibit Exhibits 9-14)(Lipper, Gregory) (Entered: 10/18/2011)

1 Affidavit Third Lipper Declaration + Exhibits 1-8

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2 Exhibit Exhibits 9-14

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Oct. 18, 2011

Oct. 18, 2011

PACER
65

WITNESS/EXHIBIT LIST by Medina Valley Independent School District. (Wood, Donald) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
66

DESIGNATION OF EXPERT WITNESSES by Medina Valley Independent School District. (Wood, Donald) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
67

Motion for leave to File Sealed Document (Attachments: # 1 Memo in Support Opposition to Defendant's Motion to Strike, # 2 Affidavit Fifth Lipper Declaration) (Lipper, Gregory) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
68

Motion for leave to File Sealed Document (Attachments: # 1 Memo in Support Reply in support of Plaintiffs' motion for leave to amend, # 2 Affidavit Fourth Lipper Declaration) (Lipper, Gregory) (Entered: 10/25/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
69

Motion for leave to File Sealed Document (Attachments: # 1 Memo in Support Reply in support of motion to allow Plaintiff Pat Doe to proceed anonymously (Oct. 26, 2011)) (Lipper, Gregory) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
70

Response in Opposition to Motion, filed by Medina Valley Independent School District, re 64 MOTION to Compel Discovery Responses filed by Plaintiff Trevor Schultz, Plaintiff Danny Schultz, Plaintiff Christa Schultz (Attachments: # 1 Proposed Order)(Wood, Donald) (Entered: 10/31/2011)

1 Proposed Order

View on PACER

Oct. 31, 2011

Oct. 31, 2011

PACER
71

ORDER DENYING 44 Motion to Dismiss for Lack of Jurisdiction ; DENYING 52 Motion for Leave to File Sealed Document; GRANTING 54 Motion for Leave to File Sealed Document; GRANTING 55 Motion to Amend Complaint; GRANTING IN PART AND DENYING IN PART 56 Motion ; DENYING 58 Motion to Strike ; DENYING 67 Motion for Leave to File Sealed Document; GRANTING 68 Motion for Leave to File Sealed Document; GRANTING 69 Motion for Leave to File Sealed Document Signed by Chief Judge Fred Biery. (rf) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
72

Sealed Document filed (Attachments: # 1 Exhibit) (rf) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
73

Sealed Document filed (rf) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
74

Sealed Motion filed (Attachments: # 1 Exhibit, # 2 Exhibit) (rf) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
75

AMENDED COMPLAINT against Medina Valley Independent School District amending 1 Complaint., filed by Christa Schultz, Danny Schultz, Pat Doe, Trevor Schultz, Corwyn Schultz. (Attachments: # 1 Exhibit)(rf) (Entered: 11/02/2011)

1 Exhibit

View on PACER

Nov. 2, 2011

Nov. 2, 2011

PACER
76

AMENDED ORDER ON PENDING MOTIONS - ORDER re 71 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Leave to File Sealed Document,, Order on Motion to Amend Complaint, Order on Motion for Miscellaneous Relief, Order on Motion to Strike. Signed by Chief Judge Fred Biery. (rg) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
77

ORDERSETTING CASE FOR JURY SELECTION AND TRIL AND RELATED ORDERS (Pretrial Conference set for 1/27/2012 10:30 AM before Chief Judge Fred Biery., Jury Selection and Jury Trial set for 1/30/2012 08:30 AM. IT IS ALSO ORDERED that the pretrial information in conformance with Local Rule CV-16(e) shall be filed no later than 5 p.m. on Tuesday, January 17, 2012. IT IS FURTHER ORDERED that Motions in Limine shall be filed no later than 5 p.m. on Friday, January 20, 2012. Signed by Chief Judge Fred Biery. (rg) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
78

Minute Entry for proceedings held before Chief Judge Fred Biery: Telephone Conference Hearing held on 11/7/2011. (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
79

Miscellaneous Objection to 66 Designation of Expert Witnesses by Pat Doe, Christa Schultz, Corwyn Schultz, Danny Schultz, Trevor Schultz. (Attachments: # 1 Exhibit Exhibits A, B (expert reports))(Lipper, Gregory) (Entered: 11/08/2011)

1 Exhibit Exhibits A, B (expert reports)

View on PACER

Nov. 8, 2011

Nov. 8, 2011

PACER
80

Amended ANSWER to 75 Amended Complaint by Medina Valley Independent School District.(Wood, Donald) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
81

Unopposed MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Compel Discovery Responses until Nov. 28, 2011 by Pat Doe, Christa Schultz, Corwyn Schultz, Danny Schultz, Trevor Schultz. (Lipper, Gregory) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
82

ORDER DISMISSING 79 Objection. Signed by Chief Judge Fred Biery. (rf) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
83

ORDER GRANTING 81 Motion for Extension of Time to File Response. Signed by Chief Judge Fred Biery. (rf) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
84

MOTION for Protective Order by Medina Valley Independent School District. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Wood, Donald) (Entered: 11/21/2011)

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

Nov. 21, 2011

Nov. 21, 2011

PACER
85

Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Motion to Reconsider, # 2 Affidavit Lipper Declaration, # 3 Exhibit Exhibits to Lipper Declaration, # 4 Sealed Document Doe Declaration) (Lipper, Gregory) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
95

Sealed Motion filed (Attachments: # 1 Sealed Document, # 2 Sealed Document, # 3 Sealed Document) (rg) (Entered: 12/06/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
86

Transcript filed of Proceedings held on 11/07/2011, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Chris Poage, Telephone number: 210-244-5036. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/14/2011. Redacted Transcript Deadline set for 12/27/2011. Release of Transcript Restriction set for 2/21/2012. (Poage, Chris) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
87

OBSERVATIONS ON APPROACHING JURY TRIAL. Signed by Chief Judge Fred Biery. (rf) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

RECAP
88

Unopposed MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Compel Discovery Responses until December 2, 2011 by Pat Doe, Christa Schultz, Corwyn Schultz, Danny Schultz, Trevor Schultz. (Lipper, Gregory) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
89

MOTION to Extend Scheduling Order Deadlines by Medina Valley Independent School District. (Attachments: # 1 Proposed Order)(Wood, Donald) (Entered: 11/30/2011)

1 Proposed Order

View on PACER

Nov. 30, 2011

Nov. 30, 2011

PACER
90

Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order, # 2 Sealed Document, # 3 Sealed Document, # 4 Sealed Document, # 5 Sealed Document, # 6 Sealed Document) (Wood, Donald) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
91

Unopposed MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Compel Discovery Responses until December 9, 2011 by Pat Doe, Christa Schultz, Corwyn Schultz, Danny Schultz, Trevor Schultz. (Lipper, Gregory) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
92

Memorandum in Opposition to Motion, filed by Pat Doe, Christa Schultz, Corwyn Schultz, Danny Schultz, Trevor Schultz, re 84 MOTION for Protective Order filed by Defendant Medina Valley Independent School District (Lipper, Gregory) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
93

ORDER GRANTING 89 Motion to Extend Scheduling Order Deadlines. Signed by Chief Judge Fred Biery. (rg) (Entered: 12/06/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
94

Sealed Order. Signed by Chief Judge Fred Biery. (rg) (Entered: 12/06/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
96

Minute Entry for proceedings held before Chief Judge Fred Biery: Telephone Conference Hearing held on 12/6/2011. (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER

Case Details

State / Territory: Texas

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 26, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two agnostic students of the Medina Valley Independent School District and their parents

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Medina Valley Independent School District (Castroville, Medina), School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Establishment Clause

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - 2022

Content of Injunction:

Apology

Discrimination Prohibition

Preliminary relief denied

Preliminary relief granted

Retaliation Prohibition

Training

Issues

General:

Religious programs / policies

School/University policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run