Case: Foote v. Ludlow School Committee

3:22-cv-30041 | U.S. District Court for the District of Massachusetts

Filed Date: April 12, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved four parents who believed local public school officials overreached when they chose not to disclose their children’s decision to establish a new gender identity at school. On April 12, 2022, two sets of parents filed suit in the U.S. District Court for the District of Massachusetts. The parents sued the school district and various officials, administrators, and teachers in their official capacity under 42 U.S.C. 1983. Represented by public interest attorneys for the Massachus…

This case involved four parents who believed local public school officials overreached when they chose not to disclose their children’s decision to establish a new gender identity at school. On April 12, 2022, two sets of parents filed suit in the U.S. District Court for the District of Massachusetts. The parents sued the school district and various officials, administrators, and teachers in their official capacity under 42 U.S.C. 1983. Represented by public interest attorneys for the Massachusetts Family Institute and Child and Parental Rights Campaign, the parents sought various declarations regarding the policy at issue to be unconstitutional, an injunction against adherence to the policy, nominal damages, compensatory damages, and attorneys’ fees.

Plaintiffs claimed that a school district may not empower individual teachers to assist students who are in the midst of a crisis of gender identity to transition and in particular to conceal in any manner the student's desire to transition or feelings on the matter from the parents either deliberately or accidentally. In 2012, the Massachusetts Board of Elementary and Secondary Education published guidance for school districts when faced with the instant issue. While the guidance has never been adopted as legally binding or as such to have substantive effect, the plaintiffs rely on the Board’s suggestion for how individual school districts should handle informing parents of their children’s gender identity crisis. The plaintiffs argued that in the absence of a local school district policy to the contrary, the Board’s guidance should govern.

On July 29, 2022, Defendants filed a motion to dismiss for failure to state a claim. Defendants argued that plaintiffs lacked Article III standing because they failed to allege that their children were transgender or had interacted with any of the defendants, failing both the cause or controversy requirement, traceability, and claim upon which relief could be granted requirements of standing. Defendants also asserted qualified immunity.

District Judge Mark Mastroianni granted Defendant’s motion to dismiss for lack of standing on December 14, 2022, and noted that in the alternative the allegations in the complaint would not have overcome the school district’s qualified immunity. 2022 WL 18356421. On January 11, 2023, Plaintiffs appealed the dismissal to the U.S. Court of Appeals for the First Circuit. The First Circuit heard oral arguments in the appeal on September 13, 2023.

The case is ongoing as of March 2024.

Summary Authors

Zach Antin (2/14/2023)

Logan Moore (3/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63231218/parties/foote-v-ludlow-school-committee/


Judge(s)
Attorney for Plaintiff

Beckwith, Andrew D. (Massachusetts)

Broyles, Vernadette Ramirez (Massachusetts)

Attorney for Defendant
Expert/Monitor/Master/Other

Bonauto, Mary L. (Massachusetts)

Buseck, Gary D. (Massachusetts)

Erchull, Christopher M. (Massachusetts)

show all people

Documents in the Clearinghouse

Document
1

3:22-cv-30041

Verified Complaint for Injunctive Relief, Declaratory Judgment, and Damages

April 12, 2022

April 12, 2022

Complaint
22

3:22-cv-30041

Amended Complaint for Injunctive Relief, Declaratory Judgment, and Damages

June 21, 2022

June 21, 2022

Complaint
28

3:22-cv-30041

DEFENDANTS’ MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS

Aug. 1, 2022

Aug. 1, 2022

Pleading / Motion / Brief
51

3:22-cv-30041

Order on Defendants' Motion to Dismiss

Foote v. Town of Ludlow

Dec. 14, 2022

Dec. 14, 2022

Order/Opinion

2022 WL 2022

52

3:22-cv-30041

Notice of Appeal

Jan. 11, 2023

Jan. 11, 2023

Other

23-cv-01069

Brief of Amicus Curiae State of Montana and 18 Other States Supporting Plaintiffs-Appellants and Reversal

U.S. Court of Appeals for the First Circuit

March 20, 2023

March 20, 2023

Pleading / Motion / Brief

23-cv-01069

Brief of Amici Curiae Massachusetts, California, Colorado, Connecticut, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington, in Support of Defendants-Appellees and Affirmance

U.S. Court of Appeals for the First Circuit

June 27, 2023

June 27, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63231218/foote-v-ludlow-school-committee/

Last updated March 9, 2024, 5:17 p.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

2 JS45 Local Category Sheet

View on PACER

April 12, 2022

April 12, 2022

Clearinghouse
2

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)

April 13, 2022

April 13, 2022

PACER
3

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)

April 13, 2022

April 13, 2022

PACER

Notice of Case Assignment

April 13, 2022

April 13, 2022

PACER
4

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)

April 27, 2022

April 27, 2022

PACER
5

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)

April 27, 2022

April 27, 2022

PACER
6

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)

April 27, 2022

April 27, 2022

PACER
7

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)

April 27, 2022

April 27, 2022

PACER
8

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)

April 27, 2022

April 27, 2022

PACER
9

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)

April 28, 2022

April 28, 2022

PACER
10

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)

April 28, 2022

April 28, 2022

PACER
11

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)

April 28, 2022

April 28, 2022

PACER
12

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)

April 28, 2022

April 28, 2022

PACER
13

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

View on PACER

April 29, 2022

April 29, 2022

RECAP
14

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)

April 29, 2022

April 29, 2022

PACER

Order on Motion for Extension of Time to Answer

April 29, 2022

April 29, 2022

PACER
15

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)

May 6, 2022

May 6, 2022

PACER
16

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)

May 6, 2022

May 6, 2022

RECAP
17

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)

May 10, 2022

May 10, 2022

PACER

Order on Motion for Extension of Time to Answer

May 10, 2022

May 10, 2022

PACER
18

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)

May 23, 2022

May 23, 2022

PACER
19

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)

May 23, 2022

May 23, 2022

PACER
20

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

May 23, 2022

May 23, 2022

PACER
21

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

May 23, 2022

May 23, 2022

PACER

Order on Motion for Leave to Appear

May 23, 2022

May 23, 2022

PACER
22

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

June 21, 2022

June 21, 2022

Clearinghouse
23

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)

June 29, 2022

June 29, 2022

PACER
24

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)

June 30, 2022

June 30, 2022

PACER

Order on Motion for Extension of Time

June 30, 2022

June 30, 2022

PACER
25

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)

July 29, 2022

July 29, 2022

RECAP
26

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)

July 29, 2022

July 29, 2022

PACER
27

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)

Aug. 1, 2022

Aug. 1, 2022

PACER
28

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

View on PACER

Aug. 1, 2022

Aug. 1, 2022

Clearinghouse

Order on Motion for Leave to File Document

Aug. 1, 2022

Aug. 1, 2022

PACER
29

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)

Aug. 12, 2022

Aug. 12, 2022

PACER
30

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)

Aug. 31, 2022

Aug. 31, 2022

PACER
31

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)

Sept. 2, 2022

Sept. 2, 2022

PACER

Order on Motion for Leave to File Document

Sept. 2, 2022

Sept. 2, 2022

PACER
32

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)

Sept. 9, 2022

Sept. 9, 2022

PACER
33

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)

Sept. 12, 2022

Sept. 12, 2022

PACER
34

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)

Sept. 12, 2022

Sept. 12, 2022

PACER

Order

Sept. 12, 2022

Sept. 12, 2022

PACER

Notice Setting or Resetting Hearing on Motion

Sept. 12, 2022

Sept. 12, 2022

PACER
35

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)

Oct. 7, 2022

Oct. 7, 2022

PACER
36

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)

Oct. 10, 2022

Oct. 10, 2022

PACER
37

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)

Oct. 11, 2022

Oct. 11, 2022

PACER
38

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)

Oct. 11, 2022

Oct. 11, 2022

PACER

Order on Motion for Leave to File Document

Oct. 11, 2022

Oct. 11, 2022

PACER
39

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)

Oct. 12, 2022

Oct. 12, 2022

PACER
40

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)

Oct. 13, 2022

Oct. 13, 2022

PACER
41

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)

Oct. 13, 2022

Oct. 13, 2022

PACER
42

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)

Oct. 13, 2022

Oct. 13, 2022

PACER

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)

Oct. 17, 2022

Oct. 17, 2022

PACER
43

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)

Oct. 19, 2022

Oct. 19, 2022

PACER

Motion Hearing

Oct. 19, 2022

Oct. 19, 2022

PACER
44

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

Oct. 21, 2022

Oct. 21, 2022

PACER
45

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)

Oct. 21, 2022

Oct. 21, 2022

PACER
46

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)

Oct. 25, 2022

Oct. 25, 2022

PACER

Order on Motion for Leave to File Document

Oct. 25, 2022

Oct. 25, 2022

PACER
47

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

Oct. 26, 2022

Oct. 26, 2022

PACER
48

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)

Oct. 26, 2022

Oct. 26, 2022

PACER
49

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)

Oct. 26, 2022

Oct. 26, 2022

PACER

Notice of Filing of Official Transcript

Nov. 5, 2022

Nov. 5, 2022

PACER
50

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

Nov. 7, 2022

Nov. 7, 2022

RECAP
51

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

Dec. 14, 2022

Dec. 14, 2022

Clearinghouse
52

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)

Jan. 11, 2023

Jan. 11, 2023

Clearinghouse
53

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

Jan. 11, 2023

Jan. 11, 2023

PACER
54

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

Jan. 12, 2023

Jan. 12, 2023

PACER

USCA Case Number

Jan. 12, 2023

Jan. 12, 2023

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Education

Child Welfare

Key Dates

Filing Date: April 12, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two sets of parents each representing their minor children

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Librarian at Baird Middle School (Hampden), Private Entity/Person

Superintendent of Ludlow Public Schools (Hampden), School District

Principle of Baird Middle School (Hampden), Private Entity/Person

Town of Ludlow (Ludlow, Hampden), City

Baird Middle school Counselor (Hampden), Private Entity/Person

Ludlow Public School District (Hampden), School District

Ludlow Public School District (Hampden), School District

Ludlow Public School District (Hampden), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Juveniles

Parents (visitation, involvement)

LGBTQ+:

LGBTQ+

Discrimination-basis:

Family discrimination

Affected Sex or Gender:

Female

Male

Intersex