Case: Foote v. Ludlow School Committee

Foote v. Town of Ludlow

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the First Circuit

COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9272303 (Fee Status: Filing Fee paid), filed by Jonathan Feliciano, Stephen Foote, Sandra Salmeron, Marissa Silvestri. (Attachments: # 1 Civil Cover Sheet, # 2 JS45 Local Category Sheet)(Beckwith, Andrew) (Entered: 04/12/2022)

1 Civil Cover Sheet

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2 JS45 Local Category Sheet

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ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Finn, Mary) (Entered: 04/13/2022)

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Zamorski, Michael) (Entered: 04/13/2022)

Notice of Case Assignment

AFFIDAVIT OF SERVICE Executed by Marissa Silvestri, Stephen Foote, Sandra Salmeron. Todd Gazda served on 4/15/2022, answer due 5/6/2022. Acknowledgement filed by Marissa Silvestri; Stephen Foote; Sandra Salmeron. (Beckwith, Andrew) (Entered: 04/27/2022)

AFFIDAVIT OF SERVICE Executed by Jonathan Feliciano, Marissa Silvestri, Stephen Foote, Sandra Salmeron. Marie-Claire Foley served on 4/27/2022, answer due 5/18/2022. Acknowledgement filed by Jonathan Feliciano; Marissa Silvestri; Stephen Foote; Sandra Salmeron. (Beckwith, Andrew) (Entered: 04/27/2022)

AFFIDAVIT OF SERVICE Executed by Jonathan Feliciano, Marissa Silvestri, Stephen Foote, Sandra Salmeron. Lisa Nemeth served on 4/27/2022, answer due 5/18/2022. Acknowledgement filed by Jonathan Feliciano; Marissa Silvestri; Stephen Foote; Sandra Salmeron. (Beckwith, Andrew) (Entered: 04/27/2022)

AFFIDAVIT OF SERVICE Executed by Jonathan Feliciano, Marissa Silvestri, Stephen Foote, Sandra Salmeron. Ludlow School Committee served on 4/27/2022, answer due 5/18/2022. Acknowledgement filed by Jonathan Feliciano; Marissa Silvestri; Stephen Foote; Sandra Salmeron. (Beckwith, Andrew) (Entered: 04/27/2022)

AFFIDAVIT OF SERVICE Executed by Jonathan Feliciano, Marissa Silvestri, Stephen Foote, Sandra Salmeron. Stacy Monette served on 4/27/2022, answer due 5/18/2022. Acknowledgement filed by Jonathan Feliciano; Marissa Silvestri; Stephen Foote; Sandra Salmeron. (Beckwith, Andrew) (Entered: 04/27/2022)

NOTICE of Appearance by Nancy Frankel Pelletier on behalf of Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth (Pelletier, Nancy) (Entered: 04/28/2022)

NOTICE of Appearance by David S. Lawless on behalf of Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth (Lawless, David) (Entered: 04/28/2022)

MOTION for Leave to Appear Pro Hac Vice for admission of Vernadette R. Broyles Filing fee: $ 100, receipt number BMADC-9297732 by Jonathan Feliciano, Stephen Foote, Sandra Salmeron, Marissa Silvestri.(Beckwith, Andrew) (Entered: 04/28/2022)

MOTION for Leave to Appear Pro Hac Vice for admission of Mary E. McAlister Filing fee: $ 100, receipt number AMADC-9297783 by Jonathan Feliciano, Stephen Foote, Sandra Salmeron, Marissa Silvestri.(Beckwith, Andrew) (Entered: 04/28/2022)

MOTION for Extension of Time to 06/28/2022 to File Answer re 1 Complaint, or to file motion to dismiss by Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth. (Attachments: # 1 Exhibit Exhibit 1)(Lawless, David) (Entered: 04/29/2022)

1 Exhibit Exhibit 1

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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. Given the time-sensitive nature of 13 Defendants' Motion for an Extension of Time in which to Respond to Plaintiffs' Complaint, Plaintiffs opposition, if any, shall be due on or before 5/6/2022. (Zamorski, Michael) (Entered: 04/29/2022)

Order on Motion for Extension of Time to Answer

AFFIDAVIT OF SERVICE Executed by Jonathan Feliciano, Marissa Silvestri, Stephen Foote, Sandra Salmeron. All Defendants. Acknowledgement filed by Jonathan Feliciano, Marissa Silvestri, Stephen Foote, Sandra Salmeron. (Beckwith, Andrew) (Entered: 05/06/2022)

MEMORANDUM in Opposition re 13 MOTION for Extension of Time to 06/28/2022 to File Answer re 1 Complaint, or to file motion to dismiss filed by Jonathan Feliciano, Stephen Foote, Sandra Salmeron, Marissa Silvestri. (Beckwith, Andrew) (Entered: 05/06/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting in part 13 Defendants' Motion for an Extension of Time in which to Respond to Plaintiffs' Complaint. Defendants' response to Plaintiffs Complaint shall be due forty-five days from the date of this order. Defendants' request that their deadline to respond to the complaint be delayed until after Plaintiffs file a notice of constitutional challenge as set forth in Fed. R. Civ. P. 5.1 is denied. Rule 5.1 requires the filing of notice with a state attorney general only when the constitutionality of a state (or federal) statute is drawn into question. Plaintiffs have clarified in their response (Dkt. No. 16) that their complaint does not contest the constitutionality of Mass. Gen. Laws c. 76, s. 5 and such challenge is waived. Plaintiffs reference to the statute is not sufficient to put its constitutionality in doubt. (Zamorski, Michael) (Entered: 05/10/2022)

Order on Motion for Extension of Time to Answer

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice Added Vernadette R. Broyles. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Zamorski, Michael) (Entered: 05/23/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice Added MARY E. MCALISTER. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Zamorski, Michael) (Entered: 05/23/2022)

NOTICE of Appearance by Mary E. McAlister on behalf of Jonathan Feliciano, Stephen Foote, Sandra Salmeron, Marissa Silvestri (McAlister, Mary) (Entered: 05/23/2022)

NOTICE of Appearance by Vernadette Ramirez Broyles on behalf of Jonathan Feliciano, Stephen Foote, Sandra Salmeron, Marissa Silvestri (Broyles, Vernadette) (Entered: 05/23/2022)

Order on Motion for Leave to Appear

AMENDED COMPLAINT against All Defendants, filed by Jonathan Feliciano, Stephen Foote, Sandra Salmeron, Marissa Silvestri.(McAlister, Mary) (Entered: 06/21/2022)

Assented to MOTION for Extension of Time to 07/29/2022 to respond to amended complaint by Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth.(Lawless, David) (Entered: 06/29/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 23 Defendants' Assented-to Motion for an Extension of Time in which to Respond to Plaintiffs' Amended Complaint. Defendants' response to Plaintiffs Amended Complaint shall be due on or before July 29, 2022. (Zamorski, Michael) (Entered: 06/30/2022)

Order on Motion for Extension of Time

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth.(Lawless, David) (Entered: 07/29/2022)

MOTION for Leave to File Excess Pages by Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth. (Attachments: # 1 Exhibit Memorandum in Support of Motion to Dismiss)(Lawless, David) (Entered: 07/29/2022)

Judge Mark G. Mastroianni: Electronic Order entered granting 26 Defendants' Motion for Leave to File Excess Pages. Counsel for Defendant, should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Zamorski, Michael) (Entered: 08/01/2022)

MEMORANDUM in Support re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth. (Attachments: # 1 Exhibit 1)(Lawless, David) (Entered: 08/01/2022)

1 Exhibit 1

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Order on Motion for Leave to File Document

MEMORANDUM in Opposition re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephen Foote, Marissa Silvestri. (McAlister, Mary) (Entered: 08/12/2022)

Assented to MOTION for Leave to File Reply by Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth.(Lawless, David) (Entered: 08/31/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 30 Defendants' Assented-Motion for Leave to File a Reply. Defendants shall file a reply not to exceed five pages of substantive material. Counsel for Defendants, should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Zamorski, Michael) (Entered: 09/02/2022)

Order on Motion for Leave to File Document

REPLY to Response to 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marie-Claire Foley, Jordan Funke, Todd Gazda, Ludlow School Committee, Stacy Monette, Lisa Nemeth. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Lawless, David) (Entered: 09/09/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. The court will schedule a hearing in this matter to take place at Western New England University School of Law, which is located at 1215 Wilbraham Road, Springfield, MA, in the moot courtroom at 12:00 p.m. on October 17, 2022. Counsel should be aware that law students will be in attendance and courtroom technology may be limited. The court has allotted up to an hour for arguments in this case, to be split between the parties; counsel should be prepared to make comprehensive arguments for the benefit of the law students. In order to adequately plan for this event, the parties are instructed that any motion for a continuance (or similar requests or actions which may affect the hearing) shall be filed no later than September 26, 2022.(Rivera, Christina) (Entered: 09/12/2022)

ELECTRONIC NOTICE Setting Hearing on Motion: 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 10/17/2022 at 12:00 PM in Springfield before Judge Mark G. Mastroianni. **PLEASE NOTE: This hearing will take place at: Western New England University School of Law: 1215 Wilbraham Road, Springfield, MA, in the moot courtroom**(Rivera, Christina) (Entered: 09/12/2022)

Order

Notice Setting or Resetting Hearing on Motion

MOTION for Leave to File Amici Curiae Memorandum in Support of Defendants Motion to Dismiss by GLBTQ Legal Advocates & Defenders, Massachusetts Association of School Superintendents. (Attachments: # 1 Exhibit Memorandum of Law of Amicus Curiae in Support of Defendants' Motion to Dismiss)(Erchull, Christopher) (Entered: 10/07/2022)

Opposition re 35 MOTION for Leave to File Amici Curiae Memorandum in Support of Defendants Motion to Dismiss filed by Stephen Foote, Marissa Silvestri. (McAlister, Mary) (Entered: 10/10/2022)

Judge Mark G. Mastroianni: Electronic Order entered granting 35 Motion by GLBTQ Legal Advocates & Defenders and the Massachusetts Association of School Superintendents for Leave to File Amici Curiae Memorandum in Support of Defendants' Motion to Dismiss. The hearing on Defendants' Motion to Dismiss will continue as scheduled. The court will consider any additional motions for leave to make amicus filed on or before 10/21/2022 before issuing a decision on Defendants Motion to Dismiss. Counsel for GLAD and M.A.S.S. should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Zamorski, Michael) (Entered: 10/11/2022)

MEMORANDUM in Support re 35 MOTION for Leave to File Amici Curiae Memorandum in Support of Defendants Motion to Dismiss, 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GLBTQ Legal Advocates & Defenders, Massachusetts Association of School Superintendents. (Erchull, Christopher) (Entered: 10/11/2022)

Order on Motion for Leave to File Document

NOTICE of Appearance by Christopher M. Erchull on behalf of GLBTQ Legal Advocates & Defenders, Massachusetts Association of School Superintendents (Erchull, Christopher) (Entered: 10/12/2022)

NOTICE of Appearance by Gary D. Buseck on behalf of GLBTQ Legal Advocates & Defenders, Massachusetts Association of School Superintendents (Buseck, Gary) (Entered: 10/13/2022)

NOTICE of Appearance by Mary L. Bonauto on behalf of GLBTQ Legal Advocates & Defenders, Massachusetts Association of School Superintendents (Bonauto, Mary) (Entered: 10/13/2022)

NOTICE of Appearance by Bennett H. Klein on behalf of GLBTQ Legal Advocates & Defenders, Massachusetts Association of School Superintendents (Klein, Bennett) (Entered: 10/13/2022)

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: By Plaintiff's Oral Motion, Jonathan Feliciano and Sandra Salmeron terminated. (Attorneys present: Atty McAlister, Atty Beckwith, Atty Lawless, Atty Frankel Pelletier) (Rivera, Christina)

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Motion Hearing held on 10/19/2022. (Attorneys present: Atty McAlister, Atty Beckwith, Atty Lawless, Atty Frankel Pelletier)Plaintiffs moves to remove Plaintiff(s): Jonathan Feliciano and Sandra Salmeron from suit. Court allows oral Motion to remove named plaintiffs. Court hears arguments re 25 DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Court takes matter under advisement. A separate Order shall Issue. (Court Reporter: Leigh Gershowitz, email: leighjoeem@gmail.com.) (Rivera, Christina) (Entered: 10/19/2022)

Motion Hearing

Amicus Curiae APPEARANCE entered by Carl F. Schmitt on behalf of Family Institute of Connecticut. (Schmitt, Carl) (Entered: 10/21/2022)

MOTION for Leave to File Amicus Curiae Memorandum in Opposition to Defendants' Motion to Dismiss by Family Institute of Connecticut. (Attachments: # 1 Exhibit Amicus Memorandum of Law)(Schmitt, Carl) (Entered: 10/21/2022)

Judge Mark G. Mastroianni: Electronic Order entered granting 45 Motion of Family Institute of Connecticut for Leave to File Amicus Curiae Memorandum in Opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint. Counsel for Family Institute of Connecticut should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Zamorski, Michael) (Entered: 10/25/2022)

Order on Motion for Leave to File Document

AMICUS BRIEF filed by Family Institute of Connecticut In Opposition to Defendants' Motion to Dismiss. (Schmitt, Carl) (Entered: 10/26/2022)

Transcript of Hearing held on October 17, 2022, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Leigh B. Gershowitz, leighjoeem@gmail.com. Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (Coppola, Katelyn) (Entered: 11/04/2022)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 11/04/2022)

Notice of Filing of Official Transcript

Notice of Supplemental Authorities re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (McAlister, Mary) (Entered: 11/07/2022)

Judge Mark G. Mastroianni: ORDER entered granting 25 Motion to Dismiss for Failure to State a Claim. (Zamorski, Michael) (Entered: 12/14/2022)

NOTICE OF APPEAL as to 51 Order on Motion to Dismiss for Failure to State a Claim by Stephen Foote, Marissa Silvestri Filing fee: $ 505, receipt number AMADC-9663258 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 1/31/2023. (McAlister, Mary) (Entered: 01/11/2023)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 52 Notice of Appeal (Paine, Matthew) (Entered: 01/11/2023)

USCA Case Number 23-1069 for 52 Notice of Appeal, filed by Marissa Silvestri, Stephen Foote. (Paine, Matthew) (Entered: 01/12/2023)

USCA Case Number