Case: Local 8027, AFT-New Hampshire, AFL-CIO v. NH Department of Education, Commissioner

1:21-cv-01077 | U.S. District Court for the District of New Hampshire

Filed Date: Dec. 20, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about enforcement of the “Banned Concepts Act” (also known as the “Divisive Concepts Act”) in New Hampshire schools. The plaintiffs in this case were New Hampshire teachers and diversity, equity, and inclusion school administrators as well as the National Education Association’s New Hampshire branch. They filed suit on December 20, 2021 in the U.S. District Court for the District of New Hampshire against the New Hampshire Department of Education, the New Hampshire Commission for …

This is a case about enforcement of the “Banned Concepts Act” (also known as the “Divisive Concepts Act”) in New Hampshire schools. The plaintiffs in this case were New Hampshire teachers and diversity, equity, and inclusion school administrators as well as the National Education Association’s New Hampshire branch. They filed suit on December 20, 2021 in the U.S. District Court for the District of New Hampshire against the New Hampshire Department of Education, the New Hampshire Commission for Human Rights, and the New Hampshire Department of Labor.  The plaintiffs argued that the Act, which prohibited teaching concepts that were “inherently racist, sexist, or oppressive, whether consciously or unconsciously,” created a chilling effect because of its vagueness. The plaintiffs stated that the Act had already caused educators to remove lessons and materials that were presented from an anti-racist lens out of fear of reprecussions. As such, the plaintiffs alleged that the Act violated the Fourteenth Amendment as unconstitutionally vague, and they sought injunctive and declaratory relief as well as attorneys’ fees. The case was assigned to Judge Paul J. Barbadoro. 

On March 8, 2022, the case was consolidated with a similar lawsuit brought by the American Federation of Teachers, Local 8027 which represented New Hampshire teachers. That case also alleged that the Act violated the New Hampshire constitution’s guarantee of the right to an education as well as the state legislature’s parameters for what was constitutionally adequate.

The consolidated complaint further alleged that the Act violated the First Amendment of the United States Constitution because it censored the speech of educators within the proper scope of their discretion. Similarly, the plaintiffs argued that the Act was a violation of the New Hampshire constitution’s guarantee that public employees may “publicly discuss and give opinions as an individual on all matters concerning any government entity and its policies.” 

On March 25, 2022, the defendants filed a motion to dismiss for failure to state a claim under the First or Fourteenth Amendments. The court, on January 12, 2023, granted in part and denied in part the defendants’ motion. Specifically, the court reasoned that the teachers did not have a First Amendment protection for curricular speech because they were primary and secondary schoolteachers, rather than university professors, and thus were much more connected to being government employees whose speech could be controlled. However, the court declined to dismiss the teachers’ claims as to extracurricular speech. The court then found that the parent plaintiffs in this case had not properly alleged an argument as to their children’s right to receive information. Finally, the court denied the defendants’ motion to dismiss as to the plaintiffs’ vagueness challenge, reasoning that it was sufficiently plead regardless of whether it was articulated as an as-applied or facial challenge. 2023 WL 171392 (to be published at --- F.Supp.3d ----).

This case is ongoing as of April 2, 2023, with the defendants most recently having filed an answer to the complaint. 

Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61629085/parties/local-8027-aft-new-hampshire-afl-cio-v-nh-department-of-education/


Judge(s)

Barbadoro, Paul J. (New Hampshire)

Attorney for Plaintiff

Bissonnette, Gilles R. (New Hampshire)

Chadwick, Lauren Snow (New Hampshire)

Christie, William E. (New Hampshire)

Dickinson, Esther Kane (New Hampshire)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

1:21-cv-01077

Complaint for Injunctive Relief

Mejia v. Edelblut

Dec. 20, 2021

Dec. 20, 2021

Complaint
30

1:21-cv-01077

Complaint

March 8, 2022

March 8, 2022

Complaint
36-1

1:21-cv-01077

Memorandum of Law in Support of Motions to Dismiss

March 25, 2022

March 25, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61629085/local-8027-aft-new-hampshire-afl-cio-v-nh-department-of-education/

Last updated March 9, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
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NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2197173 filed by National Education Association-New Hampshire, Christina Kim Philibotte, Andres Mejia. (Attachments: # 1 Exhibit 1 -- Text of Banned Concept Act, # 2 Exhibit 2 -- Educator Code of Conduct, # 3 Exhibit 3 -- LEACT Materials, # 4 Exhibit 4 -- DOJ Implicit Bias Training, # 5 Exhibit 5 -- Courts Implicit Bias Training, # 6 Exhibit 6 -- 9.22.20 Trump Executive Order, # 7 Exhibit 7 -- 9.28.20 Executive Order Enforcement Memo, # 8 Exhibit 8 -- HB544, # 9 Exhibit 9 -- Select HB544 Written Testimony Before House Committee, # 10 Exhibit 10 -- HB2 Materials, # 11 Exhibit 11 -- Rep. Itse Op-ed, # 12 Exhibit 12 -- Open Letter from Business Community, # 13 Exhibit 13 -- SAU70 Resolution Against HB544, # 14 Exhibit 14 -- Hopkinton School District Opposing HB544, # 15 Exhibit 15 -- Manchester School District Opposition to HB544, # 16 Exhibit 16 -- Edelblut Op-ed, # 17 Exhibit 17 -- GACDI Letters, # 18 Exhibit 18 -- 7.12.21 and 8.5.21 NEA-NH Letters, # 19 Exhibit 19 -- 7.21.21 Guidance, # 20 Exhibit 20 -- 9.7.21 Opinion, # 21 Exhibit 21 -- McLane Middleton Discussion of Banned Concepts Act, # 22 Exhibit 22 -- Drummond Woodsum Discussion of Banned Concepts Act, # 23 Exhibit 23 -- Department of Education Complaint Website, # 24 Exhibit 24 -- Moms for Liberty Bounty Tweet, # 25 Civil Cover Sheet, # 26 Summons - Waiver Summons (Edelblut), # 27 Summons - Waiver Summons (Formella), # 28 Summons - Waiver Summons (Malachi), # 29 Summons - Waiver Summons (Kim), # 30 Summons - Waiver Summons (Merrifield))(Bissonnette, Gilles) (Entered: 12/20/2021)

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Dec. 20, 2021

Dec. 20, 2021

Clearinghouse

Case Assigned

Dec. 20, 2021

Dec. 20, 2021

PACER
2

NOTICE of Attorney Appearance by SangYeob Kim on behalf of Andres Mejia, Christina Kim Philibotte Attorney SangYeob Kim added to party Andres Mejia(pty:pla), Attorney SangYeob Kim added to party Christina Kim Philibotte(pty:pla).(Kim, SangYeob) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

RECAP

Notice - ECF

Dec. 20, 2021

Dec. 20, 2021

PACER
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NOTICE of Attorney Appearance by Esther Kane Dickinson on behalf of National Education Association-New Hampshire Attorney Esther Kane Dickinson added to party National Education Association-New Hampshire(pty:pla).(Dickinson, Esther) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

RECAP

Corrective Entry

Dec. 20, 2021

Dec. 20, 2021

PACER

Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:21-cv-1077-PB. Please show this number with the judge designation on all future pleadings. (mc)

Dec. 20, 2021

Dec. 20, 2021

PACER
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NOTICE of Attorney Appearance by Morgan C. Nighan on behalf of Andres Mejia, Christina Kim Philibotte Attorney Morgan C. Nighan added to party Andres Mejia(pty:pla), Attorney Morgan C. Nighan added to party Christina Kim Philibotte(pty:pla).(Nighan, Morgan) Modified on 12/20/2021 to remove: Appearance for National Education Association-New Hampshire (js). (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

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NOTICE of Attorney Appearance by Nathan Reed Fennessy on behalf of National Education Association-New Hampshire Attorney Nathan Reed Fennessy added to party National Education Association-New Hampshire(pty:pla).(Fennessy, Nathan) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

RECAP

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc)

Dec. 20, 2021

Dec. 20, 2021

PACER
6

Summonses issued electronically as to NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(mc) (Entered: 12/20/2021)

1 Notice ECF

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Dec. 20, 2021

Dec. 20, 2021

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Corrective Entry to 4 Notice of Attorney Appearance by Morgan C. Nighan. Entry corrected by removing appearance with respect to the National Education Association-New Hampshire chosen mistakenly at filing. (js)

Dec. 20, 2021

Dec. 20, 2021

PACER
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NOTICE of Attorney Appearance by Rue Toland on behalf of National Education Association-New Hampshire Attorney Rue Toland added to party National Education Association-New Hampshire(pty:pla).(Toland, Rue) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

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WAIVER OF SERVICE Returned Executed as to NH Department of Education, Commissioner by All Plaintiffs. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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WAIVER OF SERVICE Returned Executed as to NH Attorney General by All Plaintiffs. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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WAIVER OF SERVICE Returned Executed as to NH Commission for Human Rights, Executive Director by All Plaintiffs. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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WAIVER OF SERVICE Returned Executed as to NH Commission for Human Rights, Chairperson by All Plaintiffs. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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WAIVER OF SERVICE Returned Executed as to NH Department of Labor, Commissioner by National Education Association-New Hampshire, Christina Kim Philibotte, Andres Mejia. Served/Mailed on 12/20/2021. Answer Follow Up on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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NOTICE of Attorney Appearance by Chris Erchull on behalf of Andres Mejia, Christina Kim Philibotte Attorney Chris Erchull added to party Andres Mejia(pty:pla), Attorney Chris Erchull added to party Christina Kim Philibotte(pty:pla).(Erchull, Chris) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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Assented to MOTION for Travis Hill to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2198515.) filed by Andres Mejia, Christina Kim Philibotte.(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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Assented to MOTION for Alice O'Brien to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2198517.) filed by National Education Association-New Hampshire.(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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Assented to MOTION for Jason Walta to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2198525.) filed by National Education Association-New Hampshire.(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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Assented to MOTION for Leah Watson to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2198526.) filed by Andres Mejia, Christina Kim Philibotte.(Bissonnette, Gilles) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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NOTICE of Attorney Appearance by Henry Klementowicz on behalf of Andres Mejia, Christina Kim Philibotte Attorney Henry Klementowicz added to party Andres Mejia(pty:pla), Attorney Henry Klementowicz added to party Christina Kim Philibotte(pty:pla).(Klementowicz, Henry) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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NOTICE of Attorney Appearance by William E. Christie on behalf of Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte Attorney William E. Christie added to party Andres Mejia(pty:pla), Attorney William E. Christie added to party National Education Association-New Hampshire(pty:pla), Attorney William E. Christie added to party Christina Kim Philibotte(pty:pla).(Christie, William) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

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NOTICE of Attorney Appearance by Suzanne Amy Spencer on behalf of Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte Attorney Suzanne Amy Spencer added to party Andres Mejia(pty:pla), Attorney Suzanne Amy Spencer added to party National Education Association-New Hampshire(pty:pla), Attorney Suzanne Amy Spencer added to party Christina Kim Philibotte(pty:pla).(Spencer, Suzanne) (Entered: 12/23/2021)

Dec. 23, 2021

Dec. 23, 2021

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ENDORSED ORDER granting 14 Motion Travis Hill to Appear Pro Hac ; granting 15 MOTION for Alice O'Brien to Appear Pro Hac Vice; granting 16 MOTION for Jason Walta to Appear Pro Hac Vice; granting 17 MOTION for Leah Watson to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(vln)

Dec. 28, 2021

Dec. 28, 2021

PACER

Order on Motion to Appear Pro Hac Vice

Dec. 28, 2021

Dec. 28, 2021

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Dec. 28, 2021

Dec. 28, 2021

PACER
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NOTICE of Attorney Appearance by Sarah J. Jancarik on behalf of Andres Mejia, Christina Kim Philibotte Attorney Sarah J. Jancarik added to party Andres Mejia(pty:pla), Attorney Sarah J. Jancarik added to party Christina Kim Philibotte(pty:pla).(Jancarik, Sarah) (Entered: 12/29/2021)

Dec. 29, 2021

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NOTICE of Attorney Appearance by Lauren Snow Chadwick on behalf of National Education Association-New Hampshire Attorney Lauren Snow Chadwick added to party National Education Association-New Hampshire(pty:pla).(Chadwick, Lauren) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

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Assented to MOTION for Sarah Hinger to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2204372.) filed by Andres Mejia, Christina Kim Philibotte.(Bissonnette, Gilles) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

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Order on Motion to Appear Pro Hac Vice

Jan. 12, 2022

Jan. 12, 2022

PACER
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Assented to MOTION for Emerson Sykes to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2204382.) filed by Andres Mejia, Christina Kim Philibotte.(Bissonnette, Gilles) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

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ENDORSED ORDER granting 23 Motion for Sarah Hinger to Appear Pro Hac Vice; granting 24 Motion for Emerson Sykes to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(vln)

Jan. 12, 2022

Jan. 12, 2022

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Jan. 12, 2022

Jan. 12, 2022

PACER
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Assented to MOTION to Consolidate Cases this case with 1:21-cv-01063-JL (CONSOLIDATE INTO CASE NO. 1:21-CV-01077 AND TO CONDUCT A STATUS CONFERENCE DURING THE WEEK OF FEBRUARY 21, 2022 BEFORE ISSUANCE OF ANY FORM CONSOLIDATION ORDER) filed by Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte.(Bissonnette, Gilles) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

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NOTICE of Attorney Appearance by Samuel R. V. Garland on behalf of NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner Attorney Samuel R. V. Garland added to party NH Attorney General(pty:dft), Attorney Samuel R. V. Garland added to party NH Commission for Human Rights, Chairperson(pty:dft), Attorney Samuel R. V. Garland added to party NH Commission for Human Rights, Executive Director(pty:dft), Attorney Samuel R. V. Garland added to party NH Department of Education, Commissioner(pty:dft), Attorney Samuel R. V. Garland added to party NH Department of Labor, Commissioner(pty:dft).(Garland, Samuel) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

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Assented to MOTION to Extend Time to Answer to March 14, 2022 filed by NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner.(Garland, Samuel) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

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NOTICE of Hearing re: 25 Assented to MOTION to Consolidate Cases this case with 1:21-cv-01063-JL. Status Conference set VIA VIDEO CONFERENCE for 2/28/2022 02:00 PM before Judge Paul J. Barbadoro.(js)

Feb. 23, 2022

Feb. 23, 2022

PACER

Notice of Hearing

Feb. 23, 2022

Feb. 23, 2022

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ENDORSED ORDER granting 27 Assented to MOTION to Extend Time to Answer to March 14, 2022. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro.(js)

Feb. 23, 2022

Feb. 23, 2022

PACER

Order on Motion for Extension of Time to Answer

Feb. 23, 2022

Feb. 23, 2022

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NOTICE of Attorney Appearance by Jason Walta on behalf of National Education Association-New Hampshire Attorney Jason Walta added to party National Education Association-New Hampshire(pty:pla).(Walta, Jason) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

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Hearing Notice

Feb. 23, 2022

Feb. 23, 2022

PACER

Order on Motion to Extend Time to Answer

Feb. 23, 2022

Feb. 23, 2022

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Assented to MOTION to Continue (RESCHEDULE THE FEBRUARY 28, 2022 HEARING/STATUS CONFERENCE ON CONSOLIDATION) filed by Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte.Follow up on Objection on 3/11/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

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ENDORSED ORDER granting 29 Motion to Continue (RESCHEDULE THE FEBRUARY 28, 2022 HEARING/STATUS CONFERENCE ON CONSOLIDATION). Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Status Conference set VIA VIDEO CONFERENCE for 3/8/2022 09:00 AM before Judge Paul J. Barbadoro.(js)

Feb. 27, 2022

Feb. 27, 2022

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Order on Motion to Continue

Feb. 27, 2022

Feb. 27, 2022

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Order on Motion to Continue

Feb. 28, 2022

Feb. 28, 2022

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Status Conference

March 8, 2022

March 8, 2022

PACER

Minute Entry for proceedings held before Judge Paul J. Barbadoro. STATUS CONFERENCE held VIA VIDEO CONFERENCE on 3/8/2022. Court granted motion to consolidate 21-cv-1063-JL into this case. The clerk shall docket the complaint from Judge Laplante's case into this action. Case caption shall be updated to reflect the case caption from Judge Laplante's case. The parties shall meet and confer and file a proposed case management order within 14 days. (Court Reporter: Jan-Marie Glaze) (Pltfs Atty: Gilles R. Bissonnette, David A. Vicinanzo, Peter Perroni, Morgan C. Nighan, Chris Erchull, Esther Kane Dickinson, Jason Walta, Nathan Reed Fennessy, Emerson Sykes, Charles Moerdler, David J. Kahne) (Defts Atty: Samuel R. V. Garland)(Total Hearing Time: 45 minutes) (js)

March 8, 2022

March 8, 2022

PACER
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COMPLAINT against NH Attorney General, NH Commission for Human Rights, Chairperson, NH Department of Education, Commissioner with Jury Demand filed by Local 8027, AFT-New Hampshire, AFL-CIO, Joceyln Merrill, Kimberly Green Elliot, Ryan Richman, Meghan Evelyn Durden, John Dube. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Formella Summons, # 4 Kim Summons, # 5 Edelblut Summons)(js) (Entered: 03/08/2022)

1 Exhibit A

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2 Civil Cover Sheet

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3 Formella Summons

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4 Kim Summons

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5 Edelblut Summons

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March 8, 2022

March 8, 2022

Clearinghouse

Order on Motion to Consolidate Cases

March 8, 2022

March 8, 2022

PACER

ORAL ORDER granting 25 Assented to MOTION to Consolidate Cases this case with 1:21-cv-01063-JL (CONSOLIDATE INTO CASE NO. 1:21-CV-01077). 1:21-cv-01063-JL to be statistically closed. So Ordered by Judge Paul J. Barbadoro.(js)

March 8, 2022

March 8, 2022

PACER
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NOTICE of Attorney Appearance by Charles Moerdler on behalf of John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Joceyln Merrill, Ryan Richman Attorney Charles Moerdler added to party John Dube(pty:pla), Attorney Charles Moerdler added to party Meghan Evelyn Durden(pty:pla), Attorney Charles Moerdler added to party Kimberly Green Elliot(pty:pla), Attorney Charles Moerdler added to party Local 8027, AFT-New Hampshire, AFL-CIO(pty:pla), Attorney Charles Moerdler added to party Joceyln Merrill(pty:pla), Attorney Charles Moerdler added to party Ryan Richman(pty:pla).(Moerdler, Charles) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

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NOTICE of Attorney Appearance by David Kahne on behalf of John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Joceyln Merrill, Ryan Richman Attorney David Kahne added to party John Dube(pty:pla), Attorney David Kahne added to party Meghan Evelyn Durden(pty:pla), Attorney David Kahne added to party Kimberly Green Elliot(pty:pla), Attorney David Kahne added to party Local 8027, AFT-New Hampshire, AFL-CIO(pty:pla), Attorney David Kahne added to party Joceyln Merrill(pty:pla), Attorney David Kahne added to party Ryan Richman(pty:pla).(Kahne, David) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

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Order on Motion to Consolidate Cases

March 15, 2022

March 15, 2022

PACER
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Joint Assented to MOTION for Entry of Case Management Order filed by Andres Mejia, National Education Association-New Hampshire, Christina Kim Philibotte. Attorney Gilles R. Bissonnette added to party National Education Association-New Hampshire(pty:pla).(Bissonnette, Gilles) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

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Order on Motion for Miscellaneous Relief

March 21, 2022

March 21, 2022

PACER
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NOTICE of Attorney Appearance by Pamela E. Phelan on behalf of Andres Mejia, Christina Kim Philibotte Attorney Pamela E. Phelan added to party Andres Mejia(pty:pla), Attorney Pamela E. Phelan added to party Christina Kim Philibotte(pty:pla).(Phelan, Pamela) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

RECAP

ENDORSED ORDER granting 33 Joint Assented to Motion for Entry of Case Management Order. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

March 21, 2022

March 21, 2022

PACER

Order on Motion for Miscellaneous Relief

March 22, 2022

March 22, 2022

PACER
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Assented to MOTION to Exceed Page Limit filed by NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner.(Garland, Samuel) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

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MOTION to Dismiss for Failure to State a Claim filed by NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner.Follow up on Objection on 4/8/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memorandum of Law, # 2 Exhibit HB 544 Docket, # 3 Exhibit HB 544 - As Introduced, # 4 Exhibit Amendment to HB 544, # 5 Exhibit HB 2 Docket, # 6 Exhibit Senate Finance Committee Minutes, # 7 Exhibit Amendment to HB 2, # 8 Exhibit Education FAQs, # 9 Exhibit Employer FAQs, # 10 Exhibit Attorney General Opinion)(Garland, Samuel) (Entered: 03/25/2022)

1 Memorandum of Law Memorandum of Law

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2 Exhibit HB 544 Docket

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3 Exhibit HB 544 - As Introduced

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4 Exhibit Amendment to HB 544

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5 Exhibit HB 2 Docket

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6 Exhibit Senate Finance Committee Minutes

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7 Exhibit Amendment to HB 2

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8 Exhibit Education FAQs

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9 Exhibit Employer FAQs

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10 Exhibit Attorney General Opinion

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March 25, 2022

March 25, 2022

RECAP
37

MOTION to Dismiss for Failure to State a Claim filed by NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner.Follow up on Objection on 4/8/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Garland, Samuel) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

RECAP

Order on Motion to Exceed

March 28, 2022

March 28, 2022

PACER

ENDORSED ORDER granting 35 Assented to Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

March 28, 2022

March 28, 2022

PACER
38

MOTION for Elizabeth C. Milburn to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2231827.) filed by John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Joceyln Merrill, Ryan Richman.Follow up on Objection on 4/12/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit))(Perroni, Peter) (Entered: 03/29/2022)

1 Exhibit (Affidavit)

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March 29, 2022

March 29, 2022

RECAP

Cure Notice - Action Requested

March 29, 2022

March 29, 2022

PACER

ACTION REQUIRED - NOTICE Nonconforming Document re 38 MOTION for Elizabeth C. Milburn to Appear Pro Hac Vice filed by Meghan Evelyn Durden, Kimberly Green Elliot, Joceyln Merrill, John Dube, Ryan Richman, Local 8027, AFT-New Hampshire, AFL-CIO. The document fails to comply with LR 7.1- No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing(s) to document no. 38. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. Compliance Deadline set for 3/30/2022.(js)

March 29, 2022

March 29, 2022

PACER
39

Addendum/ to 38 MOTION for Elizabeth C. Milburn to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2231827.) pursuant to L.R. 7.1 by John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Joceyln Merrill, Ryan Richman. (Perroni, Peter) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

RECAP

Order on Motion to Appear Pro Hac Vice

March 31, 2022

March 31, 2022

PACER

ENDORSED ORDER granting 38 Motion for Elizabeth C. Milburn to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js)

March 31, 2022

March 31, 2022

PACER
40

NOTICE of Attorney Appearance by Sarah Hinger on behalf of John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Andres Mejia, Joceyln Merrill, National Education Association-New Hampshire, Christina Kim Philibotte, Ryan Richman Attorney Sarah Hinger added to party John Dube(pty:pla), Attorney Sarah Hinger added to party Meghan Evelyn Durden(pty:pla), Attorney Sarah Hinger added to party Kimberly Green Elliot(pty:pla), Attorney Sarah Hinger added to party Local 8027, AFT-New Hampshire, AFL-CIO(pty:pla), Attorney Sarah Hinger added to party Andres Mejia(pty:pla), Attorney Sarah Hinger added to party Joceyln Merrill(pty:pla), Attorney Sarah Hinger added to party National Education Association-New Hampshire(pty:pla), Attorney Sarah Hinger added to party Christina Kim Philibotte(pty:pla), Attorney Sarah Hinger added to party Ryan Richman(pty:pla).(Hinger, Sarah) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

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41

NOTICE of Attorney Appearance by Leah Watson on behalf of John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Andres Mejia, Joceyln Merrill, National Education Association-New Hampshire, Christina Kim Philibotte, Ryan Richman Attorney Leah Watson added to party John Dube(pty:pla), Attorney Leah Watson added to party Meghan Evelyn Durden(pty:pla), Attorney Leah Watson added to party Kimberly Green Elliot(pty:pla), Attorney Leah Watson added to party Local 8027, AFT-New Hampshire, AFL-CIO(pty:pla), Attorney Leah Watson added to party Andres Mejia(pty:pla), Attorney Leah Watson added to party Joceyln Merrill(pty:pla), Attorney Leah Watson added to party National Education Association-New Hampshire(pty:pla), Attorney Leah Watson added to party Christina Kim Philibotte(pty:pla), Attorney Leah Watson added to party Ryan Richman(pty:pla).(Watson, Leah) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

RECAP
42

NOTICE of Attorney Appearance by Elizabeth Clarke Milburn on behalf of John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Joceyln Merrill, Ryan Richman Attorney Elizabeth Clarke Milburn added to party John Dube(pty:pla), Attorney Elizabeth Clarke Milburn added to party Meghan Evelyn Durden(pty:pla), Attorney Elizabeth Clarke Milburn added to party Kimberly Green Elliot(pty:pla), Attorney Elizabeth Clarke Milburn added to party Local 8027, AFT-New Hampshire, AFL-CIO(pty:pla), Attorney Elizabeth Clarke Milburn added to party Joceyln Merrill(pty:pla), Attorney Elizabeth Clarke Milburn added to party Ryan Richman(pty:pla).(Milburn, Elizabeth) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

RECAP

ENDORSED ORDER. Text of Order: By May 16, 2022, the parties shall jointly file a Bates-stamped copy of the agreed-upon complete legislative history of the challenged state statute. All subsequent filings shall refer to the legislative history using the Bates-stamped version. So Ordered by Judge Paul J. Barbadoro.(js)

April 18, 2022

April 18, 2022

PACER

Order

April 18, 2022

April 18, 2022

PACER

~Util - Set Deadlines AND Endorsed Order - not on motion

April 18, 2022

April 18, 2022

PACER
43

THE PARTIES JOINT SUBMISSION OF LEGISLATIVE HISTORY by Andres Mejia, Christina Kim Philibotte (Attachments: # 1 Exhibit A -- Notice of Conventional Filing re HB544 Legislative History, # 2 Exhibit B -- Notice of Conventional Filing re HB2 Legislative History)(Bissonnette, Gilles) (Entered: 05/16/2022)

1 Exhibit A -- Notice of Conventional Filing re HB544 Legislative History

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2 Exhibit B -- Notice of Conventional Filing re HB2 Legislative History

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May 16, 2022

May 16, 2022

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44

Assented to MOTION to Exceed Page Limit on Objections to Motion to Dismiss filed by John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Andres Mejia, Joceyln Merrill, National Education Association-New Hampshire, Christina Kim Philibotte, Ryan Richman. Attorney Gilles R. Bissonnette added to party John Dube(pty:pla), Attorney Gilles R. Bissonnette added to party Meghan Evelyn Durden(pty:pla), Attorney Gilles R. Bissonnette added to party Kimberly Green Elliot(pty:pla), Attorney Gilles R. Bissonnette added to party Local 8027, AFT-New Hampshire, AFL-CIO(pty:pla), Attorney Gilles R. Bissonnette added to party Joceyln Merrill(pty:pla), Attorney Gilles R. Bissonnette added to party Ryan Richman(pty:pla).(Bissonnette, Gilles) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

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45

MEMORANDUM in Opposition re 37 MOTION to Dismiss for Failure to State a Claim, 44 Assented to MOTION to Exceed Page Limit on Objections to Motion to Dismiss, 36 MOTION to Dismiss for Failure to State a Claim (Joint Opposition) filed by John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Andres Mejia, Joceyln Merrill, National Education Association-New Hampshire, Christina Kim Philibotte, Ryan Richman. Attorney Peter J. Perroni added to party Andres Mejia(pty:pla), Attorney Peter J. Perroni added to party National Education Association-New Hampshire(pty:pla), Attorney Peter J. Perroni added to party Christina Kim Philibotte(pty:pla). Follow up on Reply on 5/27/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit Exhibit A- No Left Turn Correspondence 2/7/22, # 2 Exhibit Exhibit B- Commissioner Edelblut Op-Ed 4/15/22)(Perroni, Peter) Modified on 5/23/2022 to add descriptions for exhibits as provided by counsel(js). (Entered: 05/20/2022)

1 Exhibit Exhibit A- No Left Turn Correspondence 2/7/22

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2 Exhibit Exhibit B- Commissioner Edelblut Op-Ed 4/15/22

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May 20, 2022

May 20, 2022

RECAP
46

MEMORANDUM in Opposition re 36 MOTION to Dismiss for Failure to State a Claim, 37 MOTION to Dismiss for Failure to State a Claim, 44 Assented to MOTION to Exceed Page Limit on Objections to Motion to Dismiss filed by John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Andres Mejia, Joceyln Merrill. Follow up on Reply on 5/27/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Perroni, Peter) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

RECAP

Order on Motion to Exceed

May 23, 2022

May 23, 2022

PACER

ENDORSED ORDER granting 44 Assented to Motion to Exceed Page Limit on Objections to Motion to Dismiss. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

May 23, 2022

May 23, 2022

PACER

ECF - Filing Error - Info Only

May 23, 2022

May 23, 2022

PACER

NOTICE of ECF Filing Error re: 45 Memorandum in Opposition to Motion filed by Andres Mejia, Meghan Evelyn Durden, Kimberly Green Elliot, John Dube, Ryan Richman, Local 8027, AFT-New Hampshire, AFL-CIO, National Education Association-New Hampshire, Joceyln Merrill, Christina Kim Philibotte. No description of exhibit or attachment was included. Exhibit or attachment shall be followed by a short description of the document and shall not exceed five words. AP 2.5(a). See Properly Attach Exhibits to Pleadings in ECF. Please email description for exhibits to jennifer_sackos@nhd.uscourts.gov.(js)

May 23, 2022

May 23, 2022

PACER
47

Assented to MOTION to Extend Time to Reply and Surreply filed by NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner.(Garland, Samuel) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

RECAP

Order on Motion to Extend Time

June 13, 2022

June 13, 2022

PACER

ENDORSED ORDER granting 47 Assented to Motion to Extend Time to Reply and Surreply. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Follow up on Reply on 6/24/2022. Surreply due by 7/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (js)

June 13, 2022

June 13, 2022

PACER
48

REPLY to Objection to Motion re 36 MOTION to Dismiss for Failure to State a Claim, 37 MOTION to Dismiss for Failure to State a Claim (Reply to Joint Objection) filed by NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner. Surreply due by 6/29/2022. (Garland, Samuel) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

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49

REPLY to Objection to Motion re 36 MOTION to Dismiss for Failure to State a Claim (Reply to AFT Objection) filed by NH Attorney General, NH Commission for Human Rights, Chairperson, NH Commission for Human Rights, Executive Director, NH Department of Education, Commissioner, NH Department of Labor, Commissioner. Surreply due by 6/29/2022. (Garland, Samuel) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

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50

NOTICE of Attorney Appearance by Emerson J. Sykes on behalf of John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Andres Mejia, Joceyln Merrill, National Education Association-New Hampshire, Christina Kim Philibotte, Ryan Richman Attorney Emerson J. Sykes added to party John Dube(pty:pla), Attorney Emerson J. Sykes added to party Meghan Evelyn Durden(pty:pla), Attorney Emerson J. Sykes added to party Kimberly Green Elliot(pty:pla), Attorney Emerson J. Sykes added to party Local 8027, AFT-New Hampshire, AFL-CIO(pty:pla), Attorney Emerson J. Sykes added to party Andres Mejia(pty:pla), Attorney Emerson J. Sykes added to party Joceyln Merrill(pty:pla), Attorney Emerson J. Sykes added to party National Education Association-New Hampshire(pty:pla), Attorney Emerson J. Sykes added to party Christina Kim Philibotte(pty:pla), Attorney Emerson J. Sykes added to party Ryan Richman(pty:pla).(Sykes, Emerson) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

RECAP

Notice of Hearing on Motion

July 19, 2022

July 19, 2022

PACER

NOTICE re: 36 MOTION to Dismiss for Failure to State a Claim, 37 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 9/14/2022 01:00 PM before Judge Paul J. Barbadoro.(js)

July 19, 2022

July 19, 2022

PACER

Motion Hearing

July 19, 2022

July 19, 2022

PACER
51

Assented to MOTION to Exceed Page Limit for Sur-replies Regarding Defendants' Motion to Dismiss filed by John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Andres Mejia, Joceyln Merrill, National Education Association-New Hampshire, Christina Kim Philibotte, Ryan Richman.(Bissonnette, Gilles) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

RECAP
52

SURREPLY to Reply to 36 MOTION to Dismiss for Failure to State a Claim, 37 MOTION to Dismiss for Failure to State a Claim (AFT Plaintiffs) filed by John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Joceyln Merrill. (Perroni, Peter) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

RECAP
53

SURREPLY to Reply to 35 Assented to MOTION to Exceed Page Limit, 36 MOTION to Dismiss for Failure to State a Claim (All Plaintiffs Joint Surreply) filed by John Dube, Meghan Evelyn Durden, Kimberly Green Elliot, Local 8027, AFT-New Hampshire, AFL-CIO, Andres Mejia, Joceyln Merrill, National Education Association-New Hampshire, Christina Kim Philibotte, Ryan Richman. (Perroni, Peter) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

RECAP

Case Details

State / Territory: New Hampshire

Case Type(s):

Speech and Religious Freedom

Education

Key Dates

Filing Date: Dec. 20, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are a New Hampshire teachers union, the National Education Association, and individual New Hampshire teachers, parents, and administrators.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

GLAD (GLBTQ Legal Advocates & Defenders)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of New Hampshire, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education

School/University policies