Case: Nielsen v. Ann Arbor Public Schools

U.S. Court of Appeals for the Sixth Circuit

COMPLAINT filed by All Plaintiffs against All Plaintiffs with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9114099 - Fee: $ 402. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Mersino, Erin) (Entered: 11/01/2022)

1 Exhibit 1

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2 Exhibit 2

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Notice of Error

NOTICE of Error directed to: Erin Mersino re 1 Complaint,,. Parties listed on the initiating document were omitted or incorrect. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (SKra)

Addition of Parties

Addition of Parties to CM/ECF: Plaintiff Skyline Republican Club. Reason: The party was not added to CM/ECF when e-filing 1 Complaint,, (Mersino, Erin)

Error

Emergency MOTION for Temporary Restraining Order (Ex parte) by All Plaintiffs. (Mersino, Erin) (Entered: 11/02/2022)

NOTICE of Appearance by Robert M. Vercruysse on behalf of Ann Arbor Public Schools. (Vercruysse, Robert) (Entered: 11/02/2022)

NOTICE of Appearance by Richard Thompson on behalf of All Plaintiffs. (Thompson, Richard) (Entered: 11/03/2022)

ORDER., Set Motion and R&R Deadlines/Hearings as to 2 Emergency MOTION for Temporary Restraining Order (Ex parte) :( Motion Hearing set for 11/4/2022 02:00 PM before District Judge Paul D. Borman, Response due by 10:00 AM on 11/4/2022) Signed by District Judge Paul D. Borman. *Parties must attend the hearing with counsel and everyone must wear a mask in the courtroom* (DTof) (Entered: 11/03/2022)

Certificate of Service

TEXT-ONLY CERTIFICATE OF SERVICE re 5 Order,, Set Motion and R&R Deadlines/Hearings, on Attorney David S. Cosma via email to: dcomsa@collinsblaha.com (DTof)

NOTICE of Appearance by David A. Comsa on behalf of All Defendants. (Comsa, David) (Entered: 11/04/2022)

DECLARATION by S.N. re 2 Emergency MOTION for Temporary Restraining Order (Ex parte) filed by All Plaintiffs (Thompson, Richard) (Entered: 11/04/2022)

EXHIBIT 1 (corrected and re-formatted to 8.5 x 11in) re 1 Complaint,, by All Plaintiffs (Thompson, Richard) (Entered: 11/04/2022)

RESPONSE to Plaintiffs' Motion for TRO filed by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1 - Affidavit, # 3 Exhibit 2 - McElmeel email, # 4 Exhibit 3 - Comsa email) (Vercruysse, Robert) (Entered: 11/04/2022)

NOTICE of Appearance by Robert M. Vercruysse on behalf of Jefferson Bilsborrow, Cory McElmeel. (Vercruysse, Robert) (Entered: 11/04/2022)

EXHIBIT Redacted Exhibit 2 re 9 Response to Petition/Request/Application by All Defendants (Vercruysse, Robert) (Entered: 11/04/2022)

NOTICE of Appearance by Anne-Marie Vercruysse Welch on behalf of All Defendants. (Vercruysse Welch, Anne-Marie) (Entered: 11/04/2022)

ORDER granting 2 Motion for TRO AND REQUIRING DEFENDANTS TO BROADCAST PLAINTIFFS' MODIFIED REQUEST REGARDING PROPOSAL 3 ON MONDAY, NOVEMBER 7, 2022. Signed by District Judge Paul D. Borman. (Attachments: # 1 Copy of flier) (DTof) (Entered: 11/04/2022)

Motion Hearing

Minute Entry for in-person proceedings before District Judge Paul D. Borman: Motion Hearing held on 11/4/2022 re 2 Emergency MOTION for Temporary Restraining Order (Ex parte) filed by S.N., Skyline Republican Club, David Nielsen Disposition: Motion granted (Court Reporter: Sheila Rice) (DTof)

AMENDED OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR AN EMERGENCY TEMPORARY RESTRAINING ORDER ENJOINING DEFENDANTS FROM REFUSING TO BROADCAST PLAINTIFFS' MODIFIED REQUEST / REQUIRING DEFENDANTS TO BROADCAST THAT REQUEST ON ITS PUBLIC ADDRESS SYSTEM FOR "ALL SCHOOL ANNOUNCEMENTS" ON EITHER MONDAY, NOVEMBER 7, 2022 OR PRIOR TO NOON ELECTION DAY TUESDAY, NOVEMBER 8, 2022 Signed by District Judge Paul D. Borman. (Attachments: # 1 Exhibit 11/4/22 McElmeel Email, # 2 Exhibit Copy of Flyer) (DTof)

Transcript

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ann Arbor Public Schools (Vercruysse Welch, Anne-Marie) (Entered: 11/22/2022)

ANSWER to Complaint with Affirmative Defenses by All Defendants. (Vercruysse Welch, Anne-Marie) (Entered: 11/22/2022)

NOTICE TO APPEAR IN PERSON: Status Conference (attorneys only) set for 12/2/2022 10:00 AM before District Judge Paul D. Borman (DTof) (Entered: 11/28/2022)

ORDER REQUIRING PARTIES TO MEET AND TO FILE JOINT RULE 26 PLAN Discovery plan due by 12/27/2022 Signed by District Judge Paul D. Borman. (DTof) (Entered: 12/02/2022)

Minute Entry for in-person proceedings before District Judge Paul D. Borman: Status Conference held on 12/2/2022 (Court Reporter: Leann Lizza) (DTof)

ORDER of RECUSAL and REASSIGNING CASE from Magistrate Judge David R. Grand to Magistrate Judge Jonathan J.C. Grey. (SSch) (Entered: 12/07/2022)

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Mersino, Erin) (Entered: 12/27/2022)

SCHEDULING ORDER: FACILITATION INFORMATION DUE 3/17/2023; Fact Discovery due by 5/16/2023; Expert Discovery due by 6/16/2023; Facilitation held by 6/16/2023; Dispositive Motion and Daubert Motion Cut-off set for 7/17/2023 Signed by District Judge Paul D. Borman. (Refer to image for additional dates) (DTof) (Entered: 01/04/2023)

Text-Only Order of reassignment from District Judge Paul D. Borman to District Judge F. Kay Behm pursuant to Administrative Order 23-AO-003. (SSch)

Text-Only Reassignment

CASE MANAGEMENT ORDER: Fact Discovery due by 5/16/2023, Expert Discovery due by 6/16/2023, Dispositive Motion Cut-off set for 7/17/2023, Final Pretrial Conference set for 12/7/2023 at 10:00 AM before District Judge F. Kay Behm, Jury Trial set for 12/19/2023 at 9:00 AM before District Judge F. Kay Behm. Signed by District Judge F. Kay Behm. (Refer to image for additional dates) (RLou) (Entered: 02/22/2023)

ORDER REFERRING OTHER MATTERS to Magistrate Judge Grey: Settlement Conference. Signed by District Judge F. Kay Behm. (RLou) (Entered: 02/22/2023)

ORDER Referring All Discovery Matters to Magistrate Judge Jonathan J.C. Grey. Signed by District Judge F. Kay Behm. (RLou) (Entered: 02/22/2023)

Text-Only Order of reassignment from Magistrate Judge Jonathan J.C. Grey to Magistrate Judge Curtis Ivy, Jr pursuant to Administrative Order 23-AO-012. (JOwe)

Text-Only Reassignment

WITNESS LIST by All Defendants (Vercruysse Welch, Anne-Marie) (Entered: 03/17/2023)

WITNESS LIST by All Plaintiffs (Mersino, Erin) (Entered: 03/17/2023)

STIPULATION re 23 Scheduling Order,, and JOINT MOTION to Modify Scheduling Order by All Plaintiffs (Attachments: # 1 Memorandum of Authorities) (Mersino, Erin) (Entered: 03/31/2023)

ATTORNEY APPEARANCE: Stephanie Victoria Romeo appearing on behalf of All Defendants (Romeo, Stephanie) (Entered: 03/31/2023)

ORDER Amending the Case Management Order (Fact Discovery due by 7/25/2023, Dispositive Motion Cut-off set for 9/18/2023, Final Pretrial Conference set for 2/20/2024 at 2:00 PM before District Judge F. Kay Behm, Jury Trial set for 3/5/2024 at 9:00 AM before District Judge F. Kay Behm). Signed by District Judge F. Kay Behm. (RLou) (Entered: 04/03/2023)

ORDER REFERRING OTHER MATTERS to Magistrate Judge Ivy: Settlement Conference - To be conducted sometime in January of 2024. Signed by District Judge F. Kay Behm. (RLou) (Entered: 04/03/2023)

ORDER Referring All Pretrial Discovery Matters to Magistrate Judge Curtis Ivy, Jr. Signed by District Judge F. Kay Behm. (RLou) (Entered: 04/03/2023)

NOTICE TO APPEAR IN PERSON: Settlement Conference set for 1/8/2024 at 10:00 AM before Magistrate Judge Curtis Ivy, Jr. (MacKay, K) (Entered: 04/04/2023)

Exhibit List by All Defendants. (Vercruysse Welch, Anne-Marie) (Entered: 06/05/2023)

Exhibit List by All Plaintiffs. (Mersino, Erin) (Entered: 06/05/2023)

JOINT STIPULATION AND ORDER EXTENDING FACT DISCOVERY DEADLINE: Discovery due by 8/25/2023 Signed by District Judge F. Kay Behm. (Refer to image for additional dates) (NAhm) (Entered: 06/26/2023)

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 8/18/2023 at 10:30 AM before Magistrate Judge Curtis Ivy Jr. *PLEASE SEE NOTICE FOR INSTRUCTIONS ON HOW TO JOIN THE CALL* (MacKay, K) (Entered: 08/16/2023)

Minute Entry for telephonic proceedings before Magistrate Judge Curtis Ivy, Jr: Telephonic Status Conference held on 8/18/2023. The parties will submit a stipulation and proposed order. (Court Reporter: None Present, Not on the Record) (MacKay, K)

STIPULATION AND ORDER Extending Case Management Order Dates. ( Fact Discovery due by 12/1/2023, Dispositive Motion Cut-off set for 12/19/2023). Signed by District Judge F. Kay Behm. [Refer to image for additional deadlines]. (THal) (Entered: 08/24/2023)

STIPULATED ORDER AMENDING CASE CAPTION. Signed by District Judge F. Kay Behm. (TTho) (Entered: 09/12/2023)

JOINT STIPULATION AND ORDER Extending Remaining Case Management Order Dates. Discovery due by 3/14/2024; Dispositive Motion Cut-off set for 4/12/2024. See order for additional dates. Signed by District Judge F. Kay Behm. (KMac) (Entered: 11/13/2023)

NOTICE TO APPEAR IN PERSON: Settlement Conference set for 7/16/2024 10:00 AM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR IMPORTANT DEADLINES*** (SKra) (Entered: 11/14/2023)

TEXT-ONLY NOTICE: Hearing on 1/8/2024 is Cancelled re 33 Notice to Appear (SKra)

Text-Only Notice of Hearing Cancelled

MOTION to Compel by All Plaintiffs. (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) (Thompson, Richard) (Entered: 03/14/2024)

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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RE-NOTICE TO APPEAR IN PERSON: Settlement Conference set for 7/23/2024 10:00 AM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR IMPORTANT DEADLINES*** (SKra) (Entered: 03/22/2024)

RESPONSE to 42 MOTION to Compel filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) (Romeo, Stephanie) (Entered: 03/28/2024)

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/18/2024 10:00 AM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR INSTRUCTIONS ON HOW TO INITIATE THE CALL*** (SKra) (Entered: 04/03/2024)

Appear*

REPLY to Response re 42 MOTION to Compel filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Thompson, Richard) (Entered: 04/04/2024)

Emergency MOTION to Adjourn 40 Stipulation and Order,, Set Scheduling Order Deadlines, (Unopposed) by All Plaintiffs. (Mersino, Erin) (Entered: 04/05/2024)

ORDER Granting 47 Plaintiffs' Unopposed Motion to Extend Dispositive Motion Deadline. Dispositive Motion Cut-off RESET for 6/11/2024. Signed by District Judge F. Kay Behm. (KMac) (Entered: 04/08/2024)

NOTICE TO APPEAR BY TELEPHONE: Status Conference Continued set for 4/19/2024 11:00 AM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR INSTRUCTIONS ON HOW TO INITIATE THE CALL*** (SKra) (Entered: 04/18/2024)

Minute Entry for telephonic proceedings before Magistrate Judge Curtis Ivy, Jr: Telephonic Status Conference held on 4/18/2024 (Court Reporter: None Present, Not on the Record) (SKra)

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/3/2024 10:00 AM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR INSTRUCTIONS ON HOW TO INITIATE THE CALL*** (SKra) (Entered: 04/19/2024)

Minute Entry for telephonic proceedings before Magistrate Judge Curtis Ivy, Jr: Telephonic Status Conference held on 4/19/2024. Parties will confer and submit a stipulated order with dates within 14 days. Status conference will be scheduled. (Court Reporter: None Present, Not on the Record) (SKra)

NOTICE TO APPEAR REMOTELY: Settlement Conference set for 7/16/2024 10:00 AM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR IMPORTANT DEADLINES*** (SKra) (Entered: 05/02/2024)

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/9/2024 10:30 AM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR INSTRUCTIONS ON HOW TO INITIATE THE CALL*** (SKra) (Entered: 05/03/2024)

TEXT-ONLY NOTICE: Hearing on 5/3/2024 is Cancelled re 50 Notice to Appear (SKra)

Text-Only Notice of Hearing Cancelled

Minute Entry before Magistrate Judge Curtis Ivy, Jr: Status Conference Cancelled after emailing the parties. They informed the court that they have possibly reached an agreement. Status Conference will be scheduled to discuss the status of the agreement. (Court Reporter: None Present, Not on the Record) (SKra) Modified on 5/3/2024 (SKra).

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/14/2024 03:00 PM before Magistrate Judge Curtis Ivy Jr. ***PLEASE SEE NOTICE FOR INSTRUCTIONS ON HOW TO INITIATE THE CALL*** (SKra) (Entered: 05/06/2024)

TEXT-ONLY NOTICE: Hearing on 5/9/2024 is Cancelled re 52 Notice to Appear (SKra)

Text-Only Notice of Hearing Cancelled

[STRICKEN]STIPULATION re 46 Reply to Response to Motion, 44 Response to Motion, 42 MOTION to Compel, 53 Notice to Appear by All Plaintiffs (Mersino, Erin) Modified on 5/14/2024 (SKra). (Entered: 05/14/2024)

Text-Only Notice of Hearing Cancelled

Strike AND Text-Only Order

TEXT-ONLY NOTICE: Hearing on 5/14/2024 is Cancelled. Parties resolved the motion to compel. (SKra) Modified on 5/14/2024 (SKra).

TEXT-ONLY ORDER to Strike 54 Stipulation. PURSUANT TO THE ECF RULES AND PROCEDURES MANUAL, STIPULATIONS AND PROPOSED ORDERS MUST BE SUBMITTED IN WORD FORMAT THROUGH THE UTILITIES SECTION OF CM/ECF. SO ORDERED. Signed by Magistrate Judge Curtis Ivy, Jr. (SKra)

STIPULATED Discovery Plan to Resolve Plaintiffs' Motion to Compel Discovery and Joint Request to Modify Scheduling Order ( RE-SET Dispositive Motion Cut-off set for 11/6/2024) Signed by Magistrate Judge Curtis Ivy, Jr. (SKra) (Entered: 05/21/2024)

NOTICE by All Plaintiffs of withdrawal of 42 MOTION to Compel ECF No. 42. (Mersino, Erin) (Entered: 05/31/2024)

Minute Entry for remote proceedings before Magistrate Judge Curtis Ivy, Jr: Settlement Conference held on 7/16/2024. Disposition: No settlement reached. (Court Reporter: Digitally Recorded) (SPin)

CERTIFICATION OF COMPLETION OF DISCOVERY MATTERS by Magistrate Judge Curtis Ivy, Jr (SKra) (Entered: 09/11/2024)

STIPULATED ORDER Extending Dates (Dispositive Motion Cut-off set for 11/20/2024). Signed by District Judge F. Kay Behm. (KCol) (Entered: 10/24/2024)

[STRICKEN PER 60 ] STIPULATION to Extend Dispositive Motion Deadline by Ann Arbor Public Schools, Jefferson Bilsborrow, Cory McElmeel (Romeo, Stephanie) Modified on 11/15/2024 (KCol). (Entered: 11/14/2024)

TEXT-ONLY ORDER Striking 59 Stipulation filed by Cory McElmeel, Jefferson Bilsborrow, Ann Arbor Public Schools. Parties are directed to submit the stipulation and proposed order in one Word document via the Proposed Orders link in CM/ECF. Parties should not file their own stipulation on the docket. See, R11 of the Electronic Filing Policies and Procedures for the EDMI, available as an Appendix to this District's Local Rules. Signed by District Judge F. Kay Behm. (KCol) (Entered: 11/15/2024)

Strike AND Text-Only Order

STIPULATION AND ORDER Extending Dispositive Motion Deadline (Dispositive Motion Cut-off set for 1/31/2025). Signed by District Judge F. Kay Behm. (KCol) (Entered: 11/18/2024)

MOTION for Leave to File Media Files (Unopposed) by All Plaintiffs. (Attachments: # 1 Exhibit A) (Mersino, Erin) (Entered: 01/29/2025)

ORDER Granting 62 Plaintiffs' Unopposed Motion for Leave to File Two Exhibits Using Media File Upload. Signed by District Judge F. Kay Behm. (KCol) (Entered: 01/30/2025)

MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28) (Romeo, Stephanie) (Entered: 01/31/2025)

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9) (Mersino, Erin) (Entered: 01/31/2025)

CERTIFICATE OF SERVICE re 65 MOTION for Summary Judgment, 63 Order on Motion for Leave to File by All Plaintiffs of Uploaded Media Files (Mersino, Erin) (Entered: 01/31/2025)

TEXT-ONLY NOTICE of Receipt of Media File Exhibits by All Plaintiffs re 65 MOTION for Summary Judgment (JPar)

Notice of Receipt of Media File/Physical Object

NOTICE OF REMOTE HEARING on 64 MOTION for Summary Judgment and 65 MOTION for Summary Judgment . Motion Hearing set for 4/2/2025 at 10:00 AM before District Judge F. Kay Behm |Remote Access Phone Number: 669-254-5252 and Meeting ID: 160 419 3691| (KCol) (Entered: 02/10/2025)