Case: Myers v. Blue Springs Sch. Dist. R-1V

4:10-cv-00081 | U.S. District Court for the Western District of Missouri

Filed Date: Jan. 27, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On December 21, 2009, parents acting on behalf of their son, a special education elementary school student who committed suicide as a result of physical and verbal harassment experienced at the hands of peers, sued Blue Springs School District and a number of individuals in Missouri state court. The plaintiffs, represented by private counsel, requested a declaratory judgment and punitive damages for the school's failure to handle student harassment, claiming wrongful death due to negligence and…

On December 21, 2009, parents acting on behalf of their son, a special education elementary school student who committed suicide as a result of physical and verbal harassment experienced at the hands of peers, sued Blue Springs School District and a number of individuals in Missouri state court. The plaintiffs, represented by private counsel, requested a declaratory judgment and punitive damages for the school's failure to handle student harassment, claiming wrongful death due to negligence and a state-created danger under § 1983 in violation of the Fourteenth Amendment's Due Process Clause; negligent infliction of emotional distress; and unlawful discrimination against a disabled individual under § 504 of the Rehabilitation Act. The plaintiffs also sued individual parents who participated in harassment of their son for intentional infliction of emotional distress.

Specifically, the plaintiffs claimed that from 2001 until 2007, their son, while attending elementary school in the district, was physically and verbally harassed by peers due to a physical disability and emotional disorders. This harassment was largely overlooked by school administrative officials despite the plaintiffs' persistent complaints, culminating in their son's suicide in 2007.

The case was removed to the U.S. District Court for the Western District of Missouri on January 27, 2010. On March 9, 2010, the Court granted the defendants' motion to dismiss on the plaintiffs' Rehabilitation Act claim only as it pertained to individual defendants and not the school district, as Rehabilitation Act claims can only be asserted against individuals who receive federal funds. The Court denied the motion to dismiss in all other respects.

The parties engaged in nearly two years of discovery. On May 10, 2012, the Court granted the school district's motion for partial summary judgment on the plaintiffs' wrongful death and negligent infliction of emotional distress claims on the basis of their sovereign immunity under Missouri state law.

On June 5, 2012, the Court granted the individual defendants' joint motion for summary judgment as to one of the defendants, but not the other, finding that there existed issues of material fact as to whether the fact that one of the defendants' vandalized the plaintiffs' home could constitute intentional infliction of emotional distress contributing to the plaintiffs' son's death given the circumstances.

On August 17, 2012, the Court denied individual school employee defendants' motion for judgment on the pleadings on the plaintiffs' state law tort claims. The defendants claimed that their positions of employment with the school district provided them with sovereign immunity. The Court rejected this claim, as school employees such as teachers and principals have never qualified as "public officials" under Missouri law and the defendants weren't performing "discretionary functions."

The school district and school employee defendants entered into a confidential settlement agreement with the plaintiffs, which the Court approved on October 4, 2012, resulting in the final dismissal of the action against all defendants. According to a number of news sources, the settlement's "private" status was in conflict with open records laws, which later revealed that the agreement resulted in $500,000 to be paid to the plaintiffs as settlement. The settlement agreement also required administrative officials to be trained in bullying awareness and for the school district to hold a bullying awareness day.

The parties stipulated to dismiss the action with prejudice on May 24, 2013.

Summary Authors

Stella Cernak (4/13/2014)

People


Judge(s)

Maughmer, John T. (Missouri)

Phillips, Mary [Beth] Elizabeth (Missouri)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Kimak, J'Nan (Missouri)

Soper, Jonathan M. (Missouri)

Thomas, Daniel A. (Missouri)

Attorneys(s) for Defendant

Baker, David S. (Kansas)

Hart, Gary W. (Kansas)

Helfrey, David B.B. (Missouri)

Maharry, Peter T. (Kansas)

Judge(s)

Maughmer, John T. (Missouri)

Phillips, Mary [Beth] Elizabeth (Missouri)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Kimak, J'Nan (Missouri)

Soper, Jonathan M. (Missouri)

Thomas, Daniel A. (Missouri)

Attorneys(s) for Defendant

Baker, David S. (Kansas)

Hart, Gary W. (Kansas)

Helfrey, David B.B. (Missouri)

Maharry, Peter T. (Kansas)

Meinheit, Nicholas Joseph (Kansas)

Morrow, James C. (Missouri)

Moulder, M Todd (Missouri)

Documents in the Clearinghouse

Document

4:10-cv-00081

Docket [PACER]

Myers v. Blue Springs School District R-1V

May 29, 2013

May 29, 2013

Docket
17

4:10-cv-00081

Order and Opinion Granting in Part and Denying in Part Defendants' Motion to Dismiss

Myers v. Blue Springs School District R-1V

March 9, 2010

March 9, 2010

Order/Opinion
182

4:10-cv-00081

Memorandum and Order [Granting Motion for Partial Summary Judgment]

Myers v. Blue Springs School District R-1V

May 10, 2012

May 10, 2012

Order/Opinion
184

4:10-cv-00081

Order [Granting and Denying Defendants' Motions for Summary Judgment]

Myers v. Blue Springs School District R-1V

June 5, 2012

June 5, 2012

Order/Opinion
199

4:10-cv-00081

Order [Denying Defendants’ Motion for Judgment on the Pleadings on Counts III and IV]

Myers v. Blue Springs School District R-1V

Aug. 17, 2012

Aug. 17, 2012

Order/Opinion
275

4:10-cv-00081

Judgment and Order Approving Final Settlement

Myers v. Blue Springs School District R-1V

Oct. 4, 2012

Oct. 4, 2012

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Circuit Court of Jackson County County, case number 0916CV39310, filed by Peter Maharry on behalf of Renee Spaulding, Blue Springs School District R−1V, Muriel Wood, Elizabeth Talamantez, Nick Goos, Paul Kinder, Ashley Wilds, Debbie Curtis. Filing fee $ 350, receipt number 0866−2265719. (Attachments: # 1 Exhibit 1 − Notice of Removal to Federal Court, # 2 Exhibit 2 − Petition for Damages, # 3 Civil Cover Sheet)(Maharry, Peter) (Additional attachment(s) added on 1/29/2010: # 4 Exhibit State Court Service Documents) (Wheeler, LaTandra). (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

2

NOTICE of filing by Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood (Maharry, Peter) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

3

Notice of EAP assignment to an outside mediator sent via electronic notice to attorneys Daniel A. Thomas, David S. Baker, Nicholas Joseph Meinheit, Peter Maharry, and David B.B. Helfrey. (Attachments: # 1 General Order for EAP)(Wheeler, LaTandra) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

4

ANSWER to Complaint with Jury Demand filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

5

MOTION to dismiss party (Defendant Blue Springs School District's Partial Motion to Dismiss) filed by David S. Baker on behalf of Blue Springs School District R−1V. Suggestions in opposition/response due by 2/16/2010 unless otherwise directed by the court. (Baker, David) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

6

SUGGESTIONS in support re 5 MOTION to dismiss party (Defendant Blue Springs School District's Partial Motion to Dismiss) MOTION to dismiss party (Defendant Blue Springs School District's Partial Motion to Dismiss) filed by David S. Baker on behalf of Defendant Blue Springs School District R−1V. (Related document(s) 5 ) (Baker, David) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

7

MOTION to dismiss party (Defendants Kinder, Curtis, Spaulding, Wood, Goos, Talamantez and Wilds' Partial Motion to Dismiss) filed by David S. Baker on behalf of Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. Suggestions in opposition/response due by 2/16/2010 unless otherwise directed by the court. (Baker, David) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

8

SUGGESTIONS in support re 7 MOTION to dismiss party (Defendants Kinder, Curtis, Spaulding, Wood, Goos, Talamantez and Wilds' Partial Motion to Dismiss) MOTION to dismiss party (Defendants Kinder, Curtis, Spaulding, Wood, Goos, Talamantez and Wilds' Partial Motion to Dismiss) filed by David S. Baker on behalf of Defendants Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. (Related document(s) 7 ) (Baker, David) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

9

Rule 16 Notice. Proposed scheduling order due by 4/28/2010. Rule 26 conference due by 4/14/2010. Corporate disclosures due 02/18/2010. Signed on 02/03/2010 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

10

NOTICE of appearance by David B.B. Helfrey on behalf of Emily Stine, Wally Stine (Helfrey, David) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

11

ANSWER to Complaint with Jury Demand filed by David B.B. Helfrey on behalf of Defendants Emily Stine, Wally Stine.(Helfrey, David) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

12

SUGGESTIONS in opposition re 5 MOTION to dismiss party (Defendant Blue Springs School District's Partial Motion to Dismiss) MOTION to dismiss party (Defendant Blue Springs School District's Partial Motion to Dismiss) filed by J'Nan Kimak−Judy on behalf of Plaintiff Kimberly Myers. Reply suggestions due by 3/1/2010 unless otherwise directed by the court (Related document(s) 5 ) (Kimak−Judy, J'Nan) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

13

SUGGESTIONS in opposition re 7 MOTION to dismiss party (Defendants Kinder, Curtis, Spaulding, Wood, Goos, Talamantez and Wilds' Partial Motion to Dismiss) MOTION to dismiss party (Defendants Kinder, Curtis, Spaulding, Wood, Goos, Talamantez and Wilds' Partial Motion to Dismiss) filed by J'Nan Kimak−Judy on behalf of Plaintiff Kimberly Myers. Reply suggestions due by 3/1/2010 unless otherwise directed by the court (Related document(s) 7 ) (Kimak−Judy, J'Nan) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

14

NOTICE of appearance by Gary W Hart on behalf of Emily Stine, Wally Stine (Hart, Gary) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

15

REPLY SUGGESTIONS to motion re 7 MOTION to dismiss party (Defendants Kinder, Curtis, Spaulding, Wood, Goos, Talamantez and Wilds' Partial Motion to Dismiss) MOTION to dismiss party (Defendants Kinder, Curtis, Spaulding, Wood, Goos, Talamantez and Wilds' Partial Motion to Dismiss) filed by David S. Baker on behalf of Defendants Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. (Related document(s) 7 ) (Baker, David) (Entered: 03/01/2010)

March 1, 2010

March 1, 2010

16

REPLY SUGGESTIONS to motion re 5 MOTION to dismiss party (Defendant Blue Springs School District's Partial Motion to Dismiss) MOTION to dismiss party (Defendant Blue Springs School District's Partial Motion to Dismiss) filed by David S. Baker on behalf of Defendant Blue Springs School District R−1V. (Related document(s) 5 ) (Baker, David) (Entered: 03/01/2010)

March 1, 2010

March 1, 2010

17

ORDER granting in part and denying in part 7 motion to dismiss. Signed on 03/09/2010 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

18

ORDER denying 5 motion to dismiss without prejudice. Signed on 04/14/2010 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

19

PROPOSED SCHEDULING ORDER (Joint Report on Discovery Conference and Proposed Scheduling Order) by Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. (Baker, David) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

20

RULES OF TRIAL. Signed on 04/29/2010 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

21

SCHEDULING ORDER: Discovery due by 1/24/2011. Pretrial Conference set for 7/8/2011 10:00 AM in Chambers before District Judge Ortrie D. Smith. Jury Trial set for 8/22/2011 08:00 AM in Courtroom 8C, Kansas City (ODS) before District Judge Ortrie D. Smith. Signed on 04/29/2010 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

23

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

24

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Daniel A. Thomas on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Thomas, Daniel) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

25

NOTICE of appearance by James C. Morrow on behalf of Emily Stine, Wally Stine (Morrow, James) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

NOTICE OF DOCKET MODIFICATION. Document No. 26 filed on 06/09/10 has been deleted. The Amended MOTION to take deposition from AT&T filed by Jonathan M. Soper on behalf of All Plaintiffs. The document has been deleted as the incorrect event was used when filing the document. Counsel will re−file the document using the correct event of "Notice to Take Deposition" rather than "Motion". This is a text entry only − no document is attached. (McDowell, Shelly) (Entered: 06/10/2010)

June 10, 2010

June 10, 2010

26

CERTIFICATE OF SERVICE by Emily Stine, Wally Stine of Opening Interrogatories and First Request for Production of Documents to Plaintiffs filed by James C. Morrow on behalf of Defendants Emily Stine, Wally Stine.(Morrow, James) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

27

NOTICE to take deposition of Wally Stine filed by Daniel A. Thomas on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Thomas, Daniel) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

28

NOTICE to take deposition of Emily Stine filed by Daniel A. Thomas on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Thomas, Daniel) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

29

CERTIFICATE OF SERVICE by All Plaintiffs filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

30

NOTICE to take deposition of Wally Stine filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

31

NOTICE to take deposition of Emily Stine filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

32

DESIGNATION of Lead Counsel by Emily Stine, Wally Stine. (Moulder, M) (Entered: 09/16/2010)

Sept. 16, 2010

Sept. 16, 2010

33

CERTIFICATE OF SERVICE by All Plaintiffs filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 09/27/2010)

Sept. 27, 2010

Sept. 27, 2010

34

MOTION for extension of time for Plaintiffs to Disclose Their Expert Witnesses filed by Jonathan M. Soper on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/1/2010 unless otherwise directed by the court. (Soper, Jonathan) (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

35

CERTIFICATE OF SERVICE by Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood filed by Nicholas Joseph Meinheit on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Meinheit, Nicholas) (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

36

RESPONSE to motion re 34 MOTION for extension of time for Plaintiffs to Disclose Their Expert Witnesses filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. Reply suggestions due by 11/1/2010 unless otherwise directed by the court (Baker, David) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

37

ORDER granting 34 motion for extension of time. Plaintiffs shall designate expert witnesses on or before November 18, 2010, and Defendants shall designate expert

Oct. 18, 2010

Oct. 18, 2010

4:10-cv-00081-BP As of: 01/30/2014 03:44 PM CST 7 of 24 witnesses on or before December 17, 2010. Signed on 10/18/10 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 10/18/2010)

38

RESPONSE to motion for Extension of Time to Disclose Expert Witnesses filed by M Todd Moulder on behalf of Defendants Emily Stine, Wally Stine. Reply suggestions due by 11/5/2010 unless otherwise directed by the court (Moulder, M) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

39

NOTICE of Subpoena to Records Custodian filed by M Todd Moulder on behalf of Defendants Emily Stine, Wally Stine.(Moulder, M) Modified on 11/9/2010 (Moore, Terri). (Entered: 11/08/2010)

Nov. 8, 2010

Nov. 8, 2010

40

CERTIFICATE OF SERVICE by Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood (First Supplemental Rule 26(a)(1) Disclosure Statement) filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

41

MOTION for extension of time Unopposed filed by Jonathan M. Soper on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/6/2010 unless otherwise directed by the court. (Soper, Jonathan) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

42

Joint MOTION for extension of time to complete discovery (Unopposed Motion for Modification of Scheduling Order and Continuance of Trial Date) filed by David S. Baker on behalf of Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. Suggestions in opposition/response due by 12/27/2010 unless otherwise directed by the court. (Baker, David) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

43

ORDER granting 41 motion for extension of time(Dispositive Motions due by 8/12/2011. Pretrial Conference set for 12/19/2011 10:00 AM in Chambers before District Judge Ortrie D. Smith., Jury Trial set for 1/23/2012 08:00 AM in Courtroom 8C, Kansas City (ODS) before District Judge Ortrie D. Smith., Discovery due by 6/15/2011. Signed on 12/08/2010 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

44

NOTICE to take deposition of Muriel Wood filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

45

CERTIFICATE OF SERVICE by Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood (Second Supplemental Rule 26(a)(1) Disclosure Statement) filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

46

ORDER setting discovery teleconference for 1/14/11 at 9:00 a.m. Signed on 1/10/11 by District Judge Ortrie D. Smith. (Wille, Joshua) (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

47

ORDER addressing discovery disputes. Signed on 01/14/2011 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

Minute Entry. Proceedings held before District Judge Ortrie D. Smith: TELEPHONE CONFERENCE held on 1/14/2011. TEXT ONLY ENTRY. (Will−Fees, Eva) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

48

MOTION for reconsideration of 1/14/11 Order filed by Jonathan M. Soper on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/7/2011 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Soper, Jonathan) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

49

SUGGESTIONS in opposition re 48 MOTION for reconsideration of 1/14/11 Order filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. Reply suggestions due by 2/22/2011 unless otherwise directed by the court (Attachments: # 1 Exhibit A−Affidavit of Paul Kinder)(Related

Feb. 4, 2011

Feb. 4, 2011

51

ORDER denying 48 motion for reconsideration and clarifying Order addressing discovery disputes. Signed on 02/23/2011 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

52

CERTIFICATE OF SERVICE by All Plaintiffs Expert Disclosures filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

53

CERTIFICATE OF SERVICE by All Plaintiffs Supplemental Expert Disclosures filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

54

ORDER denying 50 motion to continue without prejudice. Signed on 03/02/2011 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

55

Following a telephone conference with the parties, the Scheduling Order is AMENDED as follows: Plaintiffs' experts shall be made available for deposition by April 15, 2011; Defendants shall designate experts by May 15, 2011; Defendants' experts shall be made available for depositions by June 15, 2011; all discovery due by 7/15/2011; dispositive motions due by 8/12/2011. Signed on 3/10/11 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

Minute Entry. Proceedings held before District Judge Ortrie D. Smith: TELEPHONE CONFERENCE held on 3/10/2011. TEXT ONLY ENTRY. (Will−Fees, Eva) (Entered: 03/22/2011)

March 10, 2011

March 10, 2011

56

Joint MOTION for protective order filed by Nicholas Joseph Meinheit on behalf of Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. Suggestions in opposition/response due by 4/1/2011 unless otherwise directed by the court. (Attachments: # 1 Exhibit A−Proposed Protective Order)(Meinheit, Nicholas) Modified on 3/16/2011 to delete proposed order. See following NOTICE OF DOCKET MODIFICATION (Moore, Terri). (Entered: 03/15/2011)

March 15, 2011

March 15, 2011

57

CERTIFICATE OF SERVICE by Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood Defendant Blue Springs School District's First Supplemental Response to Plaintiffs' First Request for Production of Documents to the Blue Springs School District) filed by Nicholas Joseph Meinheit on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Meinheit, Nicholas) (Entered: 03/15/2011)

March 15, 2011

March 15, 2011

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 3/15/2011 as Document No. 56 , Joint MOTION for protective order. The proposed order attached to the motion has been deleted. Per the CM/ECF Administrative Procedures Manual and Users Guide, any proposed orders are to be emailed to the Courtroom Deputy in WordPerfect format. This is a text entry only − no document is attached. (Moore, Terri) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

58

CERTIFICATE OF SERVICE by All Plaintiffs supplemental 26(a)1 disclosures filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

59

ORDER granting 56 motion for protective order. Signed on 03/17/2011 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

60

ORDER clarifying January 14, 2011 Order. Signed on 03/21/2011 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

62

NOTICE to take deposition of Sheri Bauman, Ph.D. filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

63

Joint MOTION for extension of time to complete discovery (Joint Motion to Extend Discovery Deadlines and Modify Scheduling Order) filed by David S. Baker on behalf of Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. Suggestions in opposition/response due by 6/6/2011 unless otherwise directed by the court. (Baker, David) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

64

ORDER granting 63 motion for extension of time to complete discovery Discovery due by 10/26/2011. PTC at 9:00 a.m. on 03/2/2012 and jury trial 04/02/2012 at 8:00 a.m. Signed on 05/20/2011 by District Judge Ortrie D. Smith. (Will−Fees, Eva) Modified on 5/23/2011 to correct date of PTC (Moore, Terri). (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

65

NOTICE to take deposition of Renee Murry Spaulding filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

66

NOTICE to take deposition of Elizabeth Talamentez Kolwyck filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

67

NOTICE to take deposition of Ashley Harleman Wilds filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

68

NOTICE to take deposition of Kathryn Arnold−Clow filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

69

NOTICE to take deposition of Janet Oetting filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

70

NOTICE to take deposition of Melanie Zink−Schyvinck filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

71

NOTICE to take deposition of Cindy Niemann filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

72

NOTICE to take deposition of Muriel Wood filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

73

NOTICE to take deposition of Lisa Hedrick filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

NOTICE OF DOCKET MODIFICATION. A modification has been made to the docket text of the ORDER filed on 5/20/2011 as Doc. No. 64 , to correct the date of the PTC. The PTC is scheduled for 9:00 a.m. on 03/2/2012 (Related Document 64 ). This is a text entry only − no document is attached. (Moore, Terri) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

74

Amended NOTICE to take deposition of Renee Murry Spaulding filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

75

Amended NOTICE to take deposition of Ashley Harleman Wilds filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan)

June 7, 2011

June 7, 2011

4:10-cv-00081-BP As of: 01/30/2014 03:44 PM CST 10 of 24

77

Amended NOTICE to take deposition of Elizabeth Talamentez filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

78

Amended NOTICE to take deposition of Renee Spaulding filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

79

Amended NOTICE to take deposition of Muriel Wood filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

80

Amended NOTICE to take deposition of Sheri Bauman, Ph.D. filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

81

CERTIFICATE OF SERVICE by Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood Third Supplemental Rule 26(a)(1) Disclosure Statement) filed by Nicholas Joseph Meinheit on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Meinheit, Nicholas) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

82

Amended NOTICE to take deposition of Lisa Hedrick filed by Daniel A. Thomas on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Thomas, Daniel) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

83

Second NOTICE to take deposition of Muriel Wood filed by Daniel A. Thomas on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Thomas, Daniel) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

84

NOTICE to take deposition of Kim Myers filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. (Attachments: # 1 Exhibit A)(Baker, David) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

85

NOTICE to take deposition of Randy Myers filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. (Attachments: # 1 Exhibit A)(Baker, David) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

86

CERTIFICATE OF TRANSMISSION OF DEPOSITION of Kimberly Myers held on August 23, 2011. (Moore, Terri) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

87

CERTIFICATE OF SERVICE by Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood of Fourth Supplemental Rule 26(a)(1) Disclosure Statement filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

88

CERTIFICATE OF SERVICE by Emily Stine, Wally Stine Second Request for Production of Documents to Plaintiffs filed by M Todd Moulder on behalf of Defendants Emily Stine, Wally Stine.(Moulder, M) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

89

NOTICE to take deposition of Randy Myers filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. (Attachments: # 1 Exhibit Exhibit A)(Baker, David) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

91

NOTICE to take deposition of John Scarlett filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

92

Amended NOTICE to take deposition of Randy Myers filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood. (Attachments: # 1 Exhibit)(Baker, David) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

93

NOTICE to take deposition of Megan Scarlett filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

94

Second NOTICE to take deposition of Sheri Bauman filed by David S. Baker on behalf of Defendants Blue Springs School District R−1V, Debbie Curtis, Nick Goos, Paul Kinder, Renee Spaulding, Elizabeth Talamantez, Ashley Wilds, Muriel Wood.(Baker, David) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

95

MOTION for extension of time to complete discovery filed by M Todd Moulder on behalf of All Parties. Suggestions in opposition/response due by 10/31/2011 unless otherwise directed by the court. (Moulder, M) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

96

ORDER granting 95 motion for extension of time to complete discovery Discovery due by 11/12/2011. Signed on 10/13/2011 by District Judge Ortrie D. Smith. (Will−Fees, Eva) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

97

NOTICE to take deposition of P.J. Petrillo filed by Jonathan M. Soper on behalf of Plaintiffs Kimberly Myers, Randy Myers.(Soper, Jonathan) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

98

NOTICE to take deposition of Diane Buckingham filed by M Todd Moulder on behalf of Defendants Blue Springs School District R−1V, Emily Stine, Wally Stine.(Moulder, M) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

Case Details

State / Territory: Missouri

Case Type(s):

Education

Key Dates

Filing Date: Jan. 27, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents who sued a school district on behalf of their son, who committed suicide as a result of continuous physical and verbal harassment experienced at the hands of peers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Blue Springs School District R-1V, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 500,000

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Other requirements regarding hiring, promotion, retention

Issues

General:

Aggressive behavior

Failure to discipline

Failure to supervise

Failure to train

Individualized planning

Special education

Suicide prevention

Disability:

disability, unspecified

Type of Facility:

Government-run