Case: First Baptist Church v. Kelly

6:20-cv-01102 | U.S. District Court for the District of Kansas

Filed Date: April 16, 2020

Closed Date: May 4, 2020

Clearinghouse coding complete

Case Summary

COVID 19 Summary: This case, filed in April 2020, rejected Kansas Governor Laura Kelley’s executive orders restricting mass gatherings at churches. The case ended in May 2020, when Governor Kelly’s new executive order allowed such gatherings. On April 7, 2020, Governor Kelly issued Executive Order 20-18, which explicitly forbade mass gatherings for churches and religious institutions while simultaneously allowing exemptions for certain secular activities. On the 15th, a Kansas church, First Bap…

COVID 19 Summary: This case, filed in April 2020, rejected Kansas Governor Laura Kelley’s executive orders restricting mass gatherings at churches. The case ended in May 2020, when Governor Kelly’s new executive order allowed such gatherings.


On April 7, 2020, Governor Kelly issued Executive Order 20-18, which explicitly forbade mass gatherings for churches and religious institutions while simultaneously allowing exemptions for certain secular activities. On the 15th, a Kansas church, First Baptist Church, sought permission to hold in-door services, following social distancing guidelines. The Governor’s office denied permission, but said that Governor Kelly would consider reviewing the order.

Two churches and their pastors filed this lawsuit the next day in the U.S. District Court for the District of Kansas. Plaintiffs were represented by attorneys from the Alliance Defending Freedom as well as private counsel. The complaint alleged that Kelly had violated plaintiffs' 1st Amendment rights of free exercise of religion, freedom of assembly, and freedom of speech. It also alleged violations of Kansas's Freedom of Religion Restoration Act. Central to each of these claims is the allegation that the order did not serve a compelling governmental interest and that it was not narrowly tailored, especially given the exemptions for some secular activities. The original complaint sought a temporary restraining order, a preliminary injunction, and a permanent injunction prohibiting Kansas from enforcing Executive Order 20-18 against the plaintiffs, judgments declaring that the order violated the 1st Amendment and Kansas's Religious Freedom Restoration Act, attorney's fees, and any other relief to which they might be entitled.

On April 17, 2020, plaintiffs sought a temporary restraining order barring Governor Kelly from enforcing the executive order against them. Kelly filed a motion to dismiss the case on the same day. Also on the 17th, Governor Kelly issued Executive Order 20-25, which removed libraries and shopping malls from the list of exemptions to the order in 20-18.

On April 18, the Court both denied Kelly's motion to dismiss and granted the churches' temporary restraining order, provided that they abide by social distancing guidelines. The order was set to expire on May 2nd, 2020.

On April 22,, plaintiffs amended their original complaint, withdrawing the cause of action under Kansas's Religious Freedom Restoration Act and adding as defendants the Kansas Adjutant General, the Geary County Sheriff, and the Ford County Sheriff. By the parties’ agreement, the temporary restraining order was extended to May 16.

On April 27, the Court denied Kelly's motion to dismiss the case for lack of jurisdiction and denied modification of the temporary restraining order. 2020 WL 1984259.

On April 30, Governor Kelly issued Executive Order 20-29, which replaced Executive Order 20-25. The new order allowed for religious services to open up to in-person worship as long as they followed social distancing guidelines.

Citing the relaxed standards in the new order, plaintiffs voluntarily dismissed their complaint without prejudice on May 4, 2020. This marked the end of the suit, and there are no further entries in the docket.

Summary Authors

Jack Hibbard (6/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17076407/parties/first-baptist-church-v-kelly/


Judge(s)

Birzer, Gwynne E. (Kansas)

Broomes, John Wesley None (Kansas)

Attorneys(s) for Plaintiff

Cortman, David A. (Georgia)

Kriegshauser, Ryan A. (Kansas)

Langhofer, Tyson C. (Virginia)

Ney, Joshua A. (Kansas)

Tucker, Ryan Jeffery (Arizona)

Zavadil, Jason Andrew (Kansas)

Attorneys(s) for Defendant

Buck, Cory R. (Missouri)

Campbell, Terrence J. (Kansas)

Judge(s)

Birzer, Gwynne E. (Kansas)

Broomes, John Wesley None (Kansas)

Attorneys(s) for Plaintiff

Cortman, David A. (Georgia)

Kriegshauser, Ryan A. (Kansas)

Langhofer, Tyson C. (Virginia)

Ney, Joshua A. (Kansas)

Tucker, Ryan Jeffery (Arizona)

Zavadil, Jason Andrew (Kansas)

Attorneys(s) for Defendant

Buck, Cory R. (Missouri)

Campbell, Terrence J. (Kansas)

Case, Kevin D. (Missouri)

Irigonegaray, Pedro L. (Kansas)

Linden, Patric S. (Missouri)

Mulligan, Lumen (Kansas)

Turney, John B. Jr. (Kansas)

Other Attorney(s)

Katskee, Richard B. (District of Columbia)

Luchenitser, Alexander Joseph (District of Columbia)

MacRoberts, Samuel G. (Kansas)

Skepnek, William (Kansas)

Documents in the Clearinghouse

Document

Docket [PACER]

May 4, 2020 Docket
1

Verified Complaint for Declaratory Judgment and Injunctive Relief

April 16, 2020 Complaint
9

Motion to Dismiss

April 17, 2020 Pleading / Motion / Brief
7

Plaintiffs' Motion for Expedited Hearing and Motion for Temporary Restraining Order

April 17, 2020 Pleading / Motion / Brief
14

Memorandum and Order

455 F.Supp.3d 1078, 2020 WL 1910021

April 18, 2020 Order/Opinion
15

Temporary Restraining Order

April 18, 2020 Order/Opinion
30

Motion to Dismiss for Lack of Subject Matter Jurisdiction

April 21, 2020 Pleading / Motion / Brief
29

Motion by Kansas Interfaith Action for Leave to File Brief as Amicus Curiae in Support of Defendant

April 21, 2020 Pleading / Motion / Brief
33 (& 33-1, 33-2, 33-3, 33-7, 33-8, 33-10)

Amended Verified Complaint for Declaratory Judgment and Injunctive Relief

April 22, 2020 Complaint
36

Suggestion of Lack of Subject Matter Jurisdiction Over Sheriff Carr

April 22, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

ADF lawsuit prompts KS governor to issue new order that no longer targets churches

Alliance Defending Freedom

A provision of Kansas Gov. Laura Kelly’s COVID-19 mass gathering ban unconstitutionally treated religious congregations different from many secular gatherings. April 30, 2020 http://www.adfmedia.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17076407/first-baptist-church-v-kelly/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with trial location of Wichita (Filing fee $400, Internet Payment Receipt Number AKSDC-5119124.), filed by Aaron Harris, Calvary Baptist Church, First Baptist Church, Stephen Ormord. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Langhofer, Tyson) (Entered: 04/16/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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April 16, 2020 RECAP
2

CORPORATE DISCLOSURE STATEMENT by Calvary Baptist Church. (Langhofer, Tyson) Modified on 4/17/2020 to correct the filers. (mam) (Entered: 04/16/2020)

April 16, 2020 RECAP
3

CORPORATE DISCLOSURE STATEMENT by First Baptist Church. (Langhofer, Tyson) Modified on 4/17/2020 to correct the filers. (mam) (Entered: 04/16/2020)

April 16, 2020 RECAP
4

ENTRY OF APPEARANCE by Joshua A. Ney on behalf of All Plaintiffs (Ney, Joshua) (Entered: 04/16/2020)

April 16, 2020 RECAP
5

(DISREGARD, see 6 ) -- ENTRY OF APPEARANCE by Ryan A. Kriegshauser on behalf of All Plaintiffs. (Kriegshauser, Ryan) Modified on 4/17/2020, document amended at 6 . (mam) (Entered: 04/16/2020)

April 16, 2020 RECAP
6

AMENDED ENTRY OF APPEARANCE by Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. Amendment to 5 Entry of Appearance. (Kriegshauser, Ryan) Modified on 4/17/2020 to retitle. (mam) (Entered: 04/16/2020)

April 16, 2020 RECAP

Notice of Judge Assignment

April 17, 2020 PACER

Notice of Hearing on Motion

April 17, 2020 PACER

Summons Issued

April 17, 2020 PACER
7

MOTION FOR EXPEDITED HEARING AND MOTION FOR TEMPORARY RESTRAINING ORDER by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Langhofer, Tyson). Added Motion for Hearing on 4/17/2020, title changed. (mam) (Entered: 04/17/2020)

1 Exhibit 1

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2 Exhibit 2

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April 17, 2020 PACER

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)

April 17, 2020 PACER
8

CIVIL COVER SHEET by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. (Langhofer, Tyson) (Entered: 04/17/2020)

April 17, 2020 PACER

SUMMONS ISSUED as to Laura Kelly (issued to Attorney for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk)

April 17, 2020 PACER
9

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Laura Kelly. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Irigonegaray, Pedro) (Entered: 04/17/2020)

1 Exhibit 1

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2 Exhibit 2

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April 17, 2020 RECAP
10

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING 7 Motion for Temporary Restraining Order and Expedited Hearing. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 4/17/2020 at 04:00 PM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information. General public may dial (888) 363-4749, enter access code 7437782 and security code 1122. Parties as well as the general public are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings pursuant to United States District Court, District of Kansas Administrative Order 2020-6, as well as Local Rule 83.2.1. (jmr) (Entered: 04/17/2020)

April 17, 2020 PACER
11

MOTION for Leave to File Amicus Brief by Movant Kansas Justice Institute. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (mam) (Entered: 04/17/2020)

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April 17, 2020 PACER
13

MINUTE ENTRY for proceedings held before District Judge John W. Broomes: MOTION HEARING held on 4/17/2020 re 7 MOTION for Temporary Restraining Order and Expedited Hearing/MOTION for Hearing filed by First Baptist Church, Calvary Baptist Church, Stephen Ormord and Aaron Harris. Matter taken under advisement. Written Order to follow. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 04/18/2020)

April 17, 2020 PACER
12

ORDER granting 11 Motion to File Amicus Brief. Entered by District Judge John W. Broomes on 04/18/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 04/18/2020)

April 18, 2020 PACER

Order on Motion to File Amicus Brief

April 18, 2020 PACER

Motion Hearing

April 18, 2020 PACER

Order on Motion for Hearing

April 18, 2020 PACER

Order on Motion for TRO

April 18, 2020 PACER
14

MEMORANDUM AND ORDER granting 7 Motion for TRO; denying 9 Motion to Dismiss for Failure to State a Claim. The court will file a separate order containing the terms of the TRO. A hearing on Plaintiffs' request for a preliminary injunction is scheduled for April 23, 2020, at 9:00 a.m. Signed by District Judge John W. Broomes on 4/18/2020. (sz) (Entered: 04/18/2020)

April 18, 2020 RECAP
15

TEMPORARY RESTRAINING ORDER. It is therefore ordered that The Hon. Laura Kelly, in her capacity as Governor of the State of Kansas, is hereby enjoined and ordered to refrain from enforcing the prohibition in Executive Order No. 20-18 and Executive Order 20-25 prohibiting religious gatherings involving more than ten attendees, conducted by Plaintiffs First Baptist Church of Dodge City, Kansas, and Calvary Baptist Church of Junction City, Kansas, so long as those gatherings comply with the social distancing and public health protocols Plaintiffs have indicated in their complaint they are prepared to apply. This order shall expire no later than May 2, 2020, unless extended by the court for good cause. The matter is hereby scheduled for a preliminary injunction hearing on April 23, 2020, at 9:00 a.m., in Courtroom 238, U.S. Courthouse, 401 N. Market, Wichita, Kansas. Signed by District Judge John W. Broomes on 4/18/2020. (sz) (Entered: 04/18/2020)

April 18, 2020 RECAP
16

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Preliminary Injunction Hearing set for 4/23/2020 at 09:00 AM in Wichita Courtroom 238 (JWB) before District Judge John W. Broomes. (jmr) (Entered: 04/18/2020)

April 18, 2020 PACER

Notice of Hearing

April 19, 2020 PACER

Notice of Hearing

April 20, 2020 PACER

Order on Motion for Order

April 20, 2020 PACER

Motions No Longer Referred

April 20, 2020 PACER
17

ENTRY OF APPEARANCE by Pedro L. Irigonegaray on behalf of Laura Kelly (Irigonegaray, Pedro) (Entered: 04/20/2020)

April 20, 2020 PACER
18

ENTRY OF APPEARANCE by Lumen Mulligan on behalf of Laura Kelly. (Irigonegaray, Pedro) Modified on 4/20/2020 to change the attorney. (mam) (Entered: 04/20/2020)

April 20, 2020 PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 19 MOTION for Order Brief-Scheduling Order. The motion will be resolved by the District Judge.(adc)

April 20, 2020 PACER
19

MOTION for Brief-Scheduling Order by Defendant Laura Kelly. (Irigonegaray, Pedro) Modified on 4/21/2020 to remove referral information. (mam) (Entered: 04/20/2020)

April 20, 2020 PACER
20

MOTION for Order Motion for Telephonic Hearing by Defendant Laura Kelly (Irigonegaray, Pedro) Modified on 4/21/2020 to remove referral information (sz). (Entered: 04/20/2020)

April 20, 2020 RECAP

MOTION REFERRAL to Magistrate Judge REMOVED as to: 20 MOTION for Order Motion for Telephonic Hearing. The motion will be resolved by the District Judge.(adc)

April 20, 2020 PACER
21

ORDER granting 19 Motion for Brief Scheduling Order. Plaintiff's brief deadline is Tuesday, April 21, 2020, at 5:00 p.m.; Defendant's brief deadline is Wednesday, April 22, 2020, at 11:00 a.m.; and Plaintiff's reply brief deadline is 5:00 p.m. on Wednesday, April 22, 2020. Defendant's request for the Court to modify its order from an in-person hearing to a telephonic hearing is denied. Entered by District Judge John W. Broomes on 04/20/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 04/20/2020)

April 20, 2020 PACER
22

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 4/21/2020 at 10:00 AM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information.(jmr) (Entered: 04/20/2020)

April 20, 2020 PACER
23

MINUTE ENTRY for proceedings held before District Judge John W. Broomes: STATUS CONFERENCE held on 4/21/2020. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 04/21/2020)

April 21, 2020 PACER

Status Conference

April 21, 2020 PACER
24

ORDER. With the agreement of counsel, the court adopts the following briefing schedule. Defendant shall have until noon on April 23, 2020, to file a motion to dismiss and brief addressing the jurisdictional issue; Plaintiff shall have until 5:00 p.m. on April 24, 2020 to file a response; and Defendant shall have until 5:00 p.m. on April 25, 2020, to file a reply. The preliminary injunction hearing previously scheduled for April 23, 2020, is postponed pending further order of the court. The TRO previously issued 15 remains in effect. See Order for further details. Signed by District Judge John W. Broomes on 4/21/2020. (sz) (Entered: 04/21/2020)

April 21, 2020 RECAP
25

TRANSCRIPT of Status Conference held April 21, 2020 before Judge John W. Broomes, Court Reporter Jana McKinney, 316-315-4268, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Pedro Irigonegaray and Mr. Tyson Longhofer. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. Release of Transcript Restriction set for 7/20/2020. (jlm) (Entered: 04/21/2020)

April 21, 2020 PACER
26

MOTION for attorney Alexander Joseph Luchenitser to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5122889.) by Amicus Kansas Interfaith Action (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 ECF Registration Form)(Skepnek, William) (Additional attachment(s) added on 4/22/2020: # 2 Ink Signed Affidavit) (gw). (Entered: 04/21/2020)

1 ECF Registration Form

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2 Ink Signed Affidavit

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April 21, 2020 PACER
27

MOTION for attorney Richard Brian Katskee to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5122891.) by Amicus Kansas Interfaith Action (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 ECF Registration Form)(Skepnek, William) (Additional attachment(s) added on 4/22/2020: # 2 Ink Signed Affidavit) (gw). (Entered: 04/21/2020)

1 ECF Registration Form

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2 Ink Signed Affidavit

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April 21, 2020 PACER
28

CORPORATE DISCLOSURE STATEMENT by Kansas Interfaith Action identifying None as corporate parent (Skepnek, William) (Entered: 04/21/2020)

April 21, 2020 PACER
29

MOTION to File Amicus Brief by Amicus Kansas Interfaith Action (Attachments: # 1 Exhibit Brief of Kansas Interfaith Action as Amicus Curiae in Support of Defendant)(Skepnek, William) Modified on 4/22/2020 to remove referral information (sz). (Entered: 04/21/2020)

1 Exhibit Brief of Kansas Interfaith Action as Amicus Curiae in Support of Defenda

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April 21, 2020 PACER
30

MOTION to Dismiss for Lack of Jurisdiction by Defendant Laura Kelly (Irigonegaray, Pedro) (Entered: 04/21/2020)

April 21, 2020 RECAP

Motions No Longer Referred

April 22, 2020 PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 29 MOTION to File Amicus Brief . The motion will be resolved by the District Judge.(adc)

April 22, 2020 PACER

Order on Motion to File Amicus Brief

April 22, 2020 PACER

Order on Motion to Appear Pro Hac Vice

April 22, 2020 PACER

Summons Issued

April 22, 2020 PACER
31

ORDER granting 29 Motion to File Amicus Brief. Entered by District Judge John W. Broomes on 04/22/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 04/22/2020)

April 22, 2020 PACER
32

(DISREGARD, filed under the wrong event.) -- AMENDED DOCUMENT by Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. Amendment to 1 Complaint (attorney). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Langhofer, Tyson) Modified on 4/22/2020, see 33 for the corrected filing. (mam) (Entered: 04/22/2020)

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10 Exhibit 10

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April 22, 2020 PACER
33

AMENDED COMPLAINT against All Defendants, filed by Aaron Harris, First Baptist Church, Calvary Baptist Church, Stephen Ormord. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Langhofer, Tyson) (Entered: 04/22/2020)

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3 Exhibit 3

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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9 Exhibit 9

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10 Exhibit 10

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April 22, 2020 RECAP

SUMMONS ISSUED as to William Carr, Daniel E. Jackson, Jr, David Weishaar. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (sz)

April 22, 2020 PACER
34

MOTION for attorney David A. Cortman to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5123720.) by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 ECF Registration Form)(Langhofer, Tyson) (Entered: 04/22/2020)

1 ECF Registration Form

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April 22, 2020 PACER
35

MOTION for attorney Ryan J. Tucker to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5123728.) by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 ECF Registration Form)(Langhofer, Tyson) (Entered: 04/22/2020)

1 ECF Registration Form

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April 22, 2020 PACER
36

MOTION to Dismiss Party William Carr by Defendant Laura Kelly (Irigonegaray, Pedro) (Entered: 04/22/2020)

April 22, 2020 PACER
37

ORDER granting 26 Motion to Appear Pro Hac Vice of Alexander Joseph Luchenitser for Kansas Interfaith Action pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 04/22/2020)

April 22, 2020 PACER
38

ORDER granting 27 Motion to Appear Pro Hac Vice of Richard Brian Katskee for Kansas Interfaith Action pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 04/22/2020)

April 22, 2020 PACER
39

ORDER granting 34 Motion to Appear Pro Hac Vice of David A. Cortman for Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, and Stephen Ormord pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 04/22/2020)

April 22, 2020 PACER
40

ORDER granting 35 Motion to Appear Pro Hac Vice of Ryan J. Tucker for Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, and Stephen Ormord pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 04/22/2020)

April 22, 2020 PACER
41

MOTION to Modify Expanding Temporary Restraining Order and to Request Expedited Hearing by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord (referred to Magistrate Judge Gwynne E. Birzer) (Kriegshauser, Ryan) (Entered: 04/22/2020)

April 22, 2020 RECAP
42

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 4/23/2020 at 02:00 PM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information. General public may dial (888) 363-4749, enter access code 7437782 and security code 8833. Parties as well as the general public are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings pursuant to United States District Court, District of Kansas Administrative Order 2020-6, as well as Local Rule 83.2.1.(jmr) (Entered: 04/23/2020)

April 23, 2020 PACER

Notice of Hearing

April 23, 2020 PACER

Status Conference

April 23, 2020 PACER
43

RESPONSE by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord re 30 MOTION to Dismiss for Lack of Jurisdiction (Langhofer, Tyson) (Entered: 04/23/2020)

April 23, 2020 RECAP
44

SUMMONS RETURNED EXECUTED -- Personal Service by Aaron Harris, First Baptist Church, Calvary Baptist Church, Stephen Ormord upon William Carr served on 4/22/2020, answer due 5/13/2020 (Langhofer, Tyson) (Entered: 04/23/2020)

April 23, 2020 PACER
45

MINUTE ENTRY for proceedings held before District Judge John W. Broomes: STATUS CONFERENCE held on 4/23/2020. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 04/23/2020)

April 23, 2020 PACER
46

TRANSCRIPT of Status Conference held April 23, 2020 before Judge John W. Brooms, Court Reporter Jana McKinney, 316-315-4268, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Pedro Irigonegaray; Mr. Tyson Longhofer. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. Release of Transcript Restriction set for 7/22/2020. (jlm) (Entered: 04/23/2020)

April 23, 2020 PACER
47

SUMMONS RETURNED EXECUTED -- Personal Service by Aaron Harris, First Baptist Church, Calvary Baptist Church, Stephen Ormord upon Daniel E. Jackson, Jr served on 4/22/2020, answer due 5/13/2020 (Langhofer, Tyson) Modified on 5/1/2020 to correct service and answer date(sz). (Entered: 04/23/2020)

April 23, 2020 PACER
48

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 4/27/2020 at 02:00 PM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information. General public may dial (888) 363-4749, enter access code 7437782 and security code 9944. Parties as well as the general public are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings pursuant to United States District Court, District of Kansas Administrative Order 2020-6, as well as Local Rule 83.2.1.(jmr) (Entered: 04/24/2020)

April 24, 2020 PACER

Notice of Hearing

April 24, 2020 PACER
49

AGREED MOTION TO EXTEND TEMPORARY RESTRAINING ORDER AGAINST DEFENDANT GOVERNOR LAURA KELLY by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. (referred to Magistrate Judge Gwynne E. Birzer) (Kriegshauser, Ryan) Modified on 4/27/2020 to change the motion type, re-titled. (mam) (Entered: 04/25/2020)

April 25, 2020 RECAP
50

ENTRY OF APPEARANCE by Terrence J. Campbell on behalf of David Weishaar (Campbell, Terrence) (Entered: 04/27/2020)

April 27, 2020 PACER

Notice of Hearing

April 27, 2020 PACER

Status Conference

April 27, 2020 PACER
51

ENTRY OF APPEARANCE by Kevin D. Case on behalf of William Carr, Daniel E. Jackson, Jr. (Case, Kevin) (Entered: 04/27/2020)

April 27, 2020 PACER
52

ENTRY OF APPEARANCE by Kevin D. Case on behalf of Daniel E. Jackson, Jr. (Case, Kevin) (Entered: 04/27/2020)

April 27, 2020 PACER
53

MINUTE ENTRY for proceedings held before District Judge John W. Broomes: STATUS CONFERENCE held on 4/27/2020. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 04/27/2020)

April 27, 2020 PACER
54

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 5/5/2020 at 10:00 AM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information. General public may dial (888) 363-4749, enter access code 7437782 and security code 3377. Parties as well as the general public are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings pursuant to United States District Court, District of Kansas Administrative Order 2020-6, as well as Local Rule 83.2.1.(jmr) (Entered: 04/27/2020)

April 27, 2020 PACER
55

MEMORANDUM AND ORDER denying 30 Motion to Dismiss for Lack of Jurisdiction; denying 36 Motion to Dismiss Party; denying 41 Motion to Modify. See Order for details. Signed by District Judge John W. Broomes on 4/27/2020. (sz) (Entered: 04/27/2020)

April 27, 2020 RECAP
56

ORDER granting 49 Motion for Order. The TRO previously entered 15 will remain in effect until May 16, 2020, unless it is sooner terminated by dismissal of the case or by further order of the court. Signed by District Judge John W. Broomes on 4/27/2020. (sz) (Entered: 04/27/2020)

April 27, 2020 PACER
57

TRANSCRIPT of Status Conference held April 27, 2020 before Judge John W. Broomes, Court Reporter Jana McKinney, 316-315-4268, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. P. Irigonegaray; Mr. T. Langhofer. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. Release of Transcript Restriction set for 7/27/2020. (jlm) (Entered: 04/27/2020)

April 27, 2020 PACER
58

AMICUS BRIEF in Support of Defendant by Amicus Kansas Interfaith Action. (Skepnek, William) (Entered: 04/29/2020)

April 29, 2020 PACER
59

AMICUS BRIEF re 11 MOTION to File Amicus Brief by Movant Kansas Justice Institute. (MacRoberts, Samuel) (Entered: 04/29/2020)

April 29, 2020 RECAP

Terminate Civil Case

May 4, 2020 PACER

Terminated Case

May 4, 2020 PACER
60

NOTICE OF VOLUNTARY DISMISSAL by All Plaintiffs (Langhofer, Tyson) (Entered: 05/04/2020)

May 4, 2020 PACER

Civil Case Terminated per 60 Plaintiffs' Notice of Voluntary Dismissal Without Prejudice/JWB chambers.(mam)

May 4, 2020 PACER

State / Territory: Kansas

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 16, 2020

Closing Date: May 4, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two Baptist churches in Kansas.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Kansas, State

Geary County Sheriff (Geary), County

Ford County Sheriff (Ford), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 0

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Religious programs / policies

Discrimination-basis:

Religion discrimination