Case: Barrett v. Claycomb

2:11-cv-04242 | U.S. District Court for the Western District of Missouri

Filed Date: Sept. 14, 2011

Closed Date: Sept. 22, 2017

Clearinghouse coding complete

Case Summary

(This summary is temporary while we research the case) This lawsuit challenged a mandatory drug testing policy at Linn State, a public university. Plaintiffs were represented by the ACLU.

Summary Authors

Rhea Sharma (2/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4966214/parties/barrett-v-claycomb/


Judge(s)

Laughrey, Nanette Kay (Missouri)

Attorney for Plaintiff

Doty, Grant R. (Missouri)

Rothert, Anthony E. (Missouri)

Attorney for Defendant

Brown, Kent L. (Missouri)

Moen, David J. (Missouri)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:11-cv-04242

Class-Action Complaint for Declaratory and Injunctive Relief

Sept. 14, 2011

Sept. 14, 2011

Complaint
28

2:11-cv-04242

First Amended Complaint

Sept. 21, 2011

Sept. 21, 2011

Complaint
94

2:11-cv-04242

Order

Nov. 15, 2011

Nov. 15, 2011

Order/Opinion
99

2:11-cv-04242

Order

Nov. 18, 2011

Nov. 18, 2011

Order/Opinion

12-01001

Opinion

U. S. Court of Appeals for the Eighth Circuit

Jan. 29, 2013

Jan. 29, 2013

Order/Opinion

2:11-cv-04242

Order

March 22, 2013

March 22, 2013

Order/Opinion
180

2:11-cv-04242

Second Amended Complaint

June 10, 2013

June 10, 2013

Complaint

2:11-cv-04242

Order

Sept. 13, 2013

Sept. 13, 2013

Order/Opinion

2:11-cv-04242

Order

Dec. 9, 2013

Dec. 9, 2013

Order/Opinion

No. 13–3264

No. 14–1145

Opinion

Kittle-Aikeley v. Claycomb

U. S. Court of Appeals for the Eighth Circuit

Dec. 7, 2015

Dec. 7, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4966214/barrett-v-claycomb/

Last updated Dec. 1, 2023, 11:36 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Diane Benetz, Donald M. Claycomb, Mark J. Collom, Christopher T. Davidson, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz filed by Anthony E. Rothert on behalf of John I Doe, Michael Barrett, IV, Branden Kittle-Aikeley, Shawn Kurgas, Ashley Minter, Jacob Curliss. Filing fee $350, receipt number 0866-2828547. Service due by 1/17/2012. (Attachments: # 1 Civil Cover Sheet)(Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

Clearinghouse
15

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: TELEPHONE CONFERENCE held on 9/14/2011. Teleconference held regarding Plaintiffs' Motion for Temporary Restraining Order [Doc. # 3]. The Court granted the Motion enjoining any further testing of samples and any reporting of results to the school. Bond set at $250. (Kanies, Renea) (Entered: 09/15/2011)

Sept. 14, 2011

Sept. 14, 2011

RECAP
2

Motion to allow Jason Williamson to appear pro hac vice (Pro Hac fee $50 receipt number 0866-2828561) filed by Anthony E. Rothert on behalf of All Plaintiffs. (Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
3

MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/3/2011 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
4

MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/3/2011 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
5

SUGGESTIONS in support re 4 MOTION for preliminary injunction, 3 MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of Plaintiffs Michael Barrett, IV, Jacob Curliss, John I Doe, Branden Kittle-Aikeley, Shawn Kurgas, Ashley Minter. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(Related document(s) 4, 3 ) (Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
6

MOTION to certify class filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/3/2011 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
7

SUGGESTIONS in support re 6 MOTION to certify class filed by Anthony E. Rothert on behalf of Plaintiffs Michael Barrett, IV, Jacob Curliss, John I Doe, Branden Kittle-Aikeley, Shawn Kurgas, Ashley Minter. (Related document(s) 6 ) (Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
8

MOTION for protective order (for leave to proceed under pseudonyms) filed by Anthony E. Rothert on behalf of John I Doe. Suggestions in opposition/response due by 10/3/2011 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
9

Notice of EAP assignment to United States Magistrate Judge Matt J. Whitworth. (Attachments: # 1 General Order)(Bax, Laura) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
10

ORDER SETTING TELECONFERENCE. A Telephone Conference is set for 9/14/2011, at 05:10 PM, before District Judge Nanette K. Laughrey. The parties shall call the AT&T Conf. #(877)336-1274. ACCESS CODE: 2707681. This is a TEXT ONLY ENTRY. No document is attached.(Smith, Fran) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
11

SUGGESTIONS in support re 8 MOTION for protective order (for leave to proceed under pseudonyms) filed by Anthony E. Rothert on behalf of Plaintiff John I Doe. (Related document(s) 8 ) (Rothert, Anthony) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
12

NOTICE of appearance by Grant R. Doty on behalf of All Plaintiffs (Doty, Grant) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
13

ORDER granting 2 motion to appear pro hac vice approved by Clerk of Court. Attorney Jason D. Williamson for Michael Barrett, IV,Jason D. Williamson for Jacob Curliss,Jason D. Williamson for John I Doe allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Signed on 9/15/11 by Unassigned. This is a TEXT ONLY ENTRY. No document is attached.(James, Carrie) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
16

ORDER ON PRETRIAL PROCEDURES entered by Judge Nanette Laughrey. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. (Kanies, Renea) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
14

ORDER entered by Judge Nanette Laughrey granting 8 Motion for Leave to Proceed Under Pseudonyms. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
17

REQUEST FOR WAIVER of service sent to Diane Benetz, in her official capacity as member of the Linn State Technical College Board of Regents on 9/16/2011 by Michael Barrett, IV. Waiver of Service due by 10/17/2011. (Rothert, Anthony) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
18

REQUEST FOR WAIVER of service sent to Donald M. Claycomb, in his official capacity as President of the Linn State Technical College on 9/16/2011 by Michael Barrett, IV. Waiver of Service due by 10/17/2011. (Rothert, Anthony) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

RECAP
19

REQUEST FOR WAIVER of service sent to Mark J. Collom, in his official capacity as member of the Linn State Technical College Board of Regents on 9/16/2011 by Michael Barrett, IV. Waiver of Service due by 10/17/2011. (Rothert, Anthony) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
20

REQUEST FOR WAIVER of service sent to Christopher T. Davidson,, in his official capacity as member of the Linn State Technical College Board of Regents on 9/16/2011 by Michael Barrett, IV. Waiver of Service due by 10/17/2011. (Rothert, Anthony) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
21

REQUEST FOR WAIVER of service sent to Erick V. Kern, in his official capacity as member of the Linn State Technical College Board of Regents on 9/16/2011 by Michael Barrett, IV. Waiver of Service due by 10/17/2011. (Rothert, Anthony) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
22

REQUEST FOR WAIVER of service sent to John Klebba,, in his official capacity as member of the Linn State Technical College Board of Regents on 9/16/2011 by Michael Barrett, IV. Waiver of Service due by 10/17/2011. (Rothert, Anthony) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
23

REQUEST FOR WAIVER of service sent to Kenneth L. Miller, in his official capacity as member of the Linn State Technical College Board of Regents on 9/16/2011 by Michael Barrett, IV. Waiver of Service due by 10/17/2011. (Rothert, Anthony) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
24

REQUEST FOR WAIVER of service sent to Toni R. Schwartz, in her official capacity as member of the Linn State Technical College Board of Regents on 9/16/2011 by Michael Barrett, IV. Waiver of Service due by 10/17/2011. (Rothert, Anthony) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
25

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 9/23/2011 at 11:45 AM regarding the status of the case. The parties shall call Conference #(877)336-1274, Access Code: 2707681, to participate in the conference.This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

PACER
26

MOTION for leave to file declarations of Shawn Kurgas, John Doe, and Jacob Curless in support of motion for preliminary injunction filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/11/2011 unless otherwise directed by the court. (Attachments: # 1 Exhibit Declaration of Shawn Kurgas, # 2 Exhibit Declaration of John Doe, # 3 Exhibit Declaration of Jacob Curless)(Rothert, Anthony) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

PACER
27

RETURN OF WAIVER OF SERVICE filed by Michael Barrett, IV. Waiver sent to Donald M. Claycomb on 9/16/2011, answer due 11/15/2011. (Rothert, Anthony) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

PACER
28

AMENDED COMPLAINT against All Defendants filed by Anthony E. Rothert on behalf of John I Doe, Michael Barrett, IV, Branden Kittle-Aikeley, Shawn Kurgas, Jacob Curliss.(Rothert, Anthony) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

Clearinghouse
29

ORDER entered by Judge Nanette Laughrey granting 26 MOTION for leave to file declarations of Shawn Kurgas, John Doe, and Jacob Curless in support of motion for preliminary injunction. Plaintiff shall file the Declarations on ECF within two days of this Order and shall relate the filings on ECF to Docket Entry No. 4, Motion for Preliminary Injunction. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
30

AFFIDAVIT re 4 MOTION for preliminary injunction by Jacob Curliss. (Related document(s) 4 ) (Rothert, Anthony) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
31

AFFIDAVIT re 4 MOTION for preliminary injunction by Shawn Kurgas. (Related document(s) 4 ) (Rothert, Anthony) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

RECAP
32

AFFIDAVIT re 4 MOTION for preliminary injunction by John I Doe. (Related document(s) 4 ) (Rothert, Anthony) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

RECAP
33

Consent MOTION for order dismissal claim for damages only in First Amended Complaint pursuant to FED.R.CIV.P. 41(a)(2) re 28 Amended Complaint filed by Anthony E. Rothert on behalf of Michael Barrett, IV, Jacob Curliss, John I Doe, Branden Kittle-Aikeley, Shawn Kurgas. Suggestions in opposition/response due by 10/11/2011 unless otherwise directed by the court. (Related document(s) 28 ) (Rothert, Anthony) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

RECAP
34

ORDER entered by Judge Nanette Laughrey granting without prejudice 33 Motion to Dismiss Claim for Damages in the First Amended Complaint. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
35

Emergency MOTION for order extending temporary restraining order re 15 Order on Motion for TRO,, Telephone Conference, filed by Anthony E. Rothert on behalf of Michael Barrett, IV, Jacob Curliss, John I Doe, Branden Kittle-Aikeley, Shawn Kurgas. Suggestions in opposition/response due by 10/11/2011 unless otherwise directed by the court. (Related document(s) 15 ) (Rothert, Anthony) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

RECAP
36

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: TELEPHONE CONFERENCE held on 9/23/2011.Teleconference held. The parties will work together regarding an extension of the TRO. The Court adopted the deadlines proposed by the defendants in an email sent to the Court. A scheduling order will be entered. (Kanies, Renea) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
37

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: Teleconference held regarding the Emergency Motion for Extension of Temporary Restraining Order [Doc. 35] filed by Plaintiffs. The Court conducted an ex parte TRO hearing because Mr. Brown had indicated that he would work with the plaintiff to resolve by agreement the extension of the TRO. Mr. Brown did not resolve the extension with plaintiff and he made himself unavailable for the rest of day. The Court granted the Emergency Motion [Doc. 35] and extended the TRO for fourteen additional days. In addition, the Court modifies the TRO to clarify that it applies only to drug testing conducted pursuant to the policy adopted by the Board of Regents of Linn State Technical College on or about June 17, 2011. (Kanies, Renea) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
38

ORDER entered by Judge Nanette Laughrey. Defendants shall file suggestions in opposition to plaintiffs' motion for preliminary injunction and motion for class certification on or before October 5, 2011. Plaintiffs reply shall be filed on or before October 12, 2011. This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
39

SCHEDULING ORDER entered by Judge Nanette Laughrey. Discovery due by 1/27/2012. Dispositive Motions due by 2/17/2012. Pretrial Conference set for 6/18/2012 at 08:30 AM in District Courtroom 4A, Jefferson City. Bench Trial set for 6/18/2012 at 09:00 AM in District Courtroom 4A, Jefferson City. (Attachments: # 1 Memo on PTC) (Kanies, Renea) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
40

RULES OF TRIAL entered by Judge Nanette Laughrey. (Kanies, Renea) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
41

MOTION to expedite consideration of Plaintiffs' motion for preliminary injunction, MOTION for order enforcing agreement (in the alternative) re 4 MOTION for preliminary injunction, 3 MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of Michael Barrett, IV, Jacob Curliss, John I Doe, Branden Kittle-Aikeley, Shawn Kurgas. Suggestions in opposition/response due by 10/17/2011 unless otherwise directed by the court. (Related document(s) 4, 3 ) (Rothert, Anthony) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

RECAP
42

SUGGESTIONS in support re 41 MOTION to expedite consideration of Plaintiffs' motion for preliminary injunction MOTION for order enforcing agreement (in the alternative) re 4 MOTION for preliminary injunction, 3 MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV. (Related document(s) 41 ) (Rothert, Anthony) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
43

MOTION to set aside 37 Order on Motion for Miscellaneous Relief,,,, Telephone Conference,,, filed by Kent L. Brown on behalf of Donald M. Claycomb. Suggestions in opposition/response due by 10/17/2011 unless otherwise directed by the court. (Related document(s) 37 ) (Brown, Kent) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

RECAP
44

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 9/30/2011 at 10:00 AM regarding the pending motions. The parties shall call conference #(877)336-1274, access Code 2707681 to participate in the conference.This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
45

STIPULATION re 37 Order on Motion for Miscellaneous Relief,,,, Telephone Conference,,, 15 Order on Motion for TRO,, Telephone Conference, Joint Stipulation by Michael Barrett, IV, Donald M. Claycomb, Jacob Curliss, John I Doe, Branden Kittle-Aikeley, Shawn Kurgas, Ashley Minter. (Related document(s) 37, 15 ) (Brown, Kent) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
46

ORDER CANCELING TELECONFERENCE. The teleconference scheduled for 10:00 AM, today, is canceled based on the stipulation filed by the parties. This is a TEXT ONLY ENTRY. No document is attached.(Smith, Fran) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
47

ORDER entered by Judge Nanette Laughrey denying as moot 41 motion to expedite and 43 motion to set aside. The parties have filed a joint stipulation regarding the Temporary Restraining Order. The TRO entered on 9/14/2011 is extended to 10/25/2011. By agreement of the parties, the modification of the language entered on 9/23/2011 is set aside. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
48

ANSWER to 28 Amended Complaint on behalf of Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz.(Brown, Kent) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
49

SUGGESTIONS in opposition re 6 MOTION to certify class filed by Kent L. Brown on behalf of Defendants Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz. Reply suggestions due by 10/24/2011 unless otherwise directed by the court (Related document(s) 6 ) (Brown, Kent) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

RECAP
50

SUGGESTIONS in opposition re 4 MOTION for preliminary injunction filed by Kent L. Brown on behalf of Defendants Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz. Reply suggestions due by 10/24/2011 unless otherwise directed by the court (Related document(s) 4 ) (Brown, Kent) (Entered: 10/06/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
51

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Kent L. Brown on behalf of Defendants Diane Benetz, Donald M. Claycomb, Mark J. Collom, Christopher T. Davidson, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz.(Brown, Kent) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
52

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Anthony E. Rothert on behalf of Plaintiffs Michael Barrett, IV, Jacob Curliss, John I Doe, Branden Kittle-Aikeley, Shawn Kurgas.(Rothert, Anthony) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

RECAP
53

REPLY SUGGESTIONS to motion re 6 MOTION to certify class filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 2-A)(Related document(s) 6 ) (Rothert, Anthony) (Entered: 10/12/2011)

1 Exhibit Ex. 1

View on PACER

2 Exhibit Ex. 2

View on PACER

3 Exhibit Ex. 2-A

View on PACER

Oct. 12, 2011

Oct. 12, 2011

RECAP
54

CERTIFICATE OF SERVICE by Michael Barrett, IV Plaintiffs' First Request for Production of Documents filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV.(Rothert, Anthony) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
55

CERTIFICATE OF SERVICE by Michael Barrett, IV Plaintiffs' First Interrogatories filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV.(Rothert, Anthony) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

RECAP
56

REPLY SUGGESTIONS to motion re 4 MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV. (Related document(s) 4 ) (Rothert, Anthony) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

RECAP
57

ORDER entered by Judge Nanette Laughrey. The Preliminary Injunction hearing is set for October 25, 2011, at 10:00 a.m. (previously set at 9:00 a.m.) at District Courtroom 4A, Jefferson City (NKL). This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
58

MOTION for order shortening time to respond to Plaintiffs' Interrogatories and Request for Production of Documents re 55 Certificate of Service, 54 Certificate of Service filed by Anthony E. Rothert on behalf of Michael Barrett, IV. Suggestions in opposition/response due by 10/31/2011 unless otherwise directed by the court. (Related document(s) 55, 54 ) (Rothert, Anthony) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
59

SUGGESTIONS in support re 58 MOTION for order shortening time to respond to Plaintiffs' Interrogatories and Request for Production of Documents re 55 Certificate of Service, 54 Certificate of Service filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV. (Related document(s) 58 ) (Rothert, Anthony) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
60

NOTICE of appearance by Dan Viets on behalf of Students for Sensible Drug Policy (Viets, Dan) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
61

MOTION for leave to file a document filed by Dan Viets on behalf of Students for Sensible Drug Policy. Suggestions in opposition/response due by 10/31/2011 unless otherwise directed by the court. (Attachments: # 1 Exhibit Amicus Brief)(Viets, Dan) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
62

ORDER entered by Judge Nanette Laughrey granting 61 motion for leave to file Amicus brief. The brief shall be filed on ECF within 2 days of this Order. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
63

MOTION for discovery to Shorten Time filed by Kent L. Brown on behalf of Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz. Suggestions in opposition/response due by 11/3/2011 unless otherwise directed by the court. (Brown, Kent) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
64

CERTIFICATE OF SERVICE by Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz Defendants First Interrogatories to Plaintiffs filed by Kent L. Brown on behalf of Defendants Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz.(Brown, Kent) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
65

RETURN OF WAIVER OF SERVICE filed by Michael Barrett, IV. Waiver sent to Mark J. Collom on 9/16/2011, answer due 11/15/2011. (Rothert, Anthony) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
66

RESPONSE to motion re 63 MOTION for discovery to Shorten Time filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV. Reply suggestions due by 11/3/2011 unless otherwise directed by the court (Rothert, Anthony) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
67

RETURN OF WAIVER OF SERVICE filed by Michael Barrett, IV. Waiver sent to Toni R. Schwartz on 9/16/2011, answer due 11/15/2011. (Rothert, Anthony) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

RECAP
68

RETURN OF WAIVER OF SERVICE filed by Michael Barrett, IV. Waiver sent to John Klebba on 9/16/2011, answer due 11/15/2011. (Rothert, Anthony) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

RECAP
69

ORDER entered by Judge Nanette Laughrey granting 63 motion to shorten time to respond to discovery. Defendants response to the written discovery requests served on October 12, 2011 is due no later than October 21, 2011. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
70

MOTION for order excluding of all actual and potential witnesses from the courtroom during all proceedings relating to Plaintiffs' motion for preliminary injunction filed by Anthony E. Rothert on behalf of Michael Barrett, IV. Suggestions in opposition/response due by 11/7/2011 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
71

RETURN OF WAIVER OF SERVICE filed by Michael Barrett, IV. Waiver sent to Kenneth L. Miller on 9/16/2011, answer due 11/15/2011. (Rothert, Anthony) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

RECAP
72

RETURN OF WAIVER OF SERVICE filed by Michael Barrett, IV. Waiver sent to Erick V. Kern on 9/16/2011, answer due 11/15/2011. (Rothert, Anthony) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

RECAP
73

RETURN OF WAIVER OF SERVICE filed by Michael Barrett, IV. Waiver sent to Diane Benetz on 9/16/2011, answer due 11/15/2011. (Rothert, Anthony) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

RECAP
74

MOTION for order dismissing individual claims of Ashley Minter and Shawn Kurgas without prejudice filed by Anthony E. Rothert on behalf of Michael Barrett, IV. Suggestions in opposition/response due by 11/7/2011 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

RECAP
76

RETURN OF SERVICE of complaint executed by Michael Barrett, IV. Christopher T. Davidson served on 10/19/2011, answer due 11/9/2011. (Rothert, Anthony) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
77

CERTIFICATE OF SERVICE by Michael Barrett, IV Plaintiffs' Responses to Defendants' First Interrogatories filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV.(Rothert, Anthony) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
78

CERTIFICATE OF SERVICE by Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller filed by Kent L. Brown on behalf of Defendants Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller.(Brown, Kent) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

RECAP
79

SUGGESTIONS in opposition re 70 MOTION for order excluding of all actual and potential witnesses from the courtroom during all proceedings relating to Plaintiffs' motion for preliminary injunction filed by Kent L. Brown on behalf of Defendant Donald M. Claycomb. Reply suggestions due by 11/10/2011 unless otherwise directed by the court (Related document(s) 70 ) (Brown, Kent) (Entered: 10/23/2011)

Oct. 23, 2011

Oct. 23, 2011

PACER
80

Amicus Brief by Dan Viets on behalf of Students for Sensible Drug Policy (Viets, Dan) Modified on 10/28/2011 to correct event type(James, Carrie). (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
81

NOTICE of appearance by Judith A. Willis on behalf of Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller, Toni R. Schwartz (Willis, Judith) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

RECAP
82

REPLY SUGGESTIONS to motion re 70 MOTION for order excluding of all actual and potential witnesses from the courtroom during all proceedings relating to Plaintiffs' motion for preliminary injunction filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV. (Related document(s) 70 ) (Rothert, Anthony) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
83

NOTICE of appearance by David J. Moen on behalf of Defendants Diane Benetz, Donald M. Claycomb, Mark J. Collom, Erick V. Kern, John Klebba, Kenneth L. Miller, and Toni R. Schwartz (Moen, David) Modified on 10/27/2011 to correct Defendants being represented (Lock, Tania). (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

RECAP
84

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: Preliminary Injunction Hearing held. The Court granted the Motion for Preliminary Injunction [Doc. 4]. The defendant objected at this time to making this a permanent injunction and finalizing the matter. The Court extended the TRO until November 8, 2011, and the defendant will advise the Court as to the question of whether the TRO will extend to the collection of urine and whether or not the defendants want to present additional evidence at a permanent injunction hearing. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608. (Kanies, Renea) (Entered: 10/26/2011)

Oct. 25, 2011

Oct. 25, 2011

RECAP
85

PLAINTIFFS EXHIBIT INDEX for Preliminary Injunction Hearing.(Kanies, Renea) (Entered: 10/27/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
86

DEFENDANT EXHIBIT INDEX for Preliminary Injunction Hearing.(Kanies, Renea) (Entered: 10/27/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
87

MOTION for extension of time to designate Plaintiffs' experts witnesses to testify at trial from November 28, 2011, to December 12, 2011, filed by Anthony E. Rothert on behalf of Michael Barrett, IV. Suggestions in opposition/response due by 11/17/2011 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
88

ORDER entered by Judge Nanette Laughrey. Telephone Conference set for 11/8/2011 at 11:00 AM regarding the status of the case. To participate in the conference the parties shall call conference number (877)336-1274. Access Code: 2707681.This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
89

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: TELEPHONE CONFERENCE held on 11/8/2011. **See attached document for full comments.** The Court set a final permanent injunction hearing for February 3, 2012 at 9:00 a.m. The Court continued the TRO. The Court ordered a revised proposed scheduling order be filed by November 15, 2011, that will fit within the new hearing date of February 3, 2012. (Kanies, Renea) Modified on 11/8/2011 to correct the word "permanent" injunction.(Kanies, Renea). (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

RECAP
90

ORDER SETTING PERMANENT INJUNCTION HEARING entered by Judge Nanette Laughrey. A Permanent Injunction hearing is set for 2/3/2012 at 09:00 AM at District Courtroom 4A, Jefferson City (NKL) This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
91

MOTION to dismiss party and Quash Service of Summons and Suggestions in Support filed by Kent L. Brown on behalf of Christopher T. Davidson. Suggestions in opposition/response due by 11/28/2011 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Affidavit 4, # 5 Exhibit 5)(Brown, Kent) Modified on 11/10/2011 to replace exhibits 1-5 in order to make documents read upright(Lock, Tania). (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
92

ELECTRONIC TRANSCRIPT of Preliminary Injunction Hearing held 10/25/2011 before Judge Nanette K. Laughrey. Court Reporter: Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 11/21/2011. Release of Transcript Restriction set for 2/13/2012.(Wirt, Katie) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
93

ORDER entered by Judge Nanette Laughrey. Plaintiffs' motion to dismiss without prejudice the individual claims of Ashley Minter and Shawn Kurgas [Doc. # 74] is GRANTED. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
94

ORDER entered by Judge Nanette Laughrey. The Motion to certify class [Doc. # 6] filed by Plaintiffs as putative class representatives is GRANTED. (Kanies, Renea) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

Clearinghouse
95

PROPOSED SCHEDULING ORDER JOINT by Michael Barrett, IV, Diane Benetz, Donald M. Claycomb, Mark J. Collom, Jacob Curliss, John I Doe, Erick V. Kern, Branden Kittle-Aikeley, John Klebba, Kenneth L. Miller, Toni R. Schwartz. (Brown, Kent) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
96

SUGGESTIONS in opposition re 91 MOTION to dismiss party and Quash Service of Summons and Suggestions in Support filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV. Reply suggestions due by 12/5/2011 unless otherwise directed by the court (Attachments: # 1 Exhibit Ex. 1)(Related document(s) 91 ) (Rothert, Anthony) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
97

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 11/16/2011 at 04:00 PM. The parties shall call Conference #(877)336-1274. Access Code: 2707681. This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
98

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: TELEPHONE CONFERENCE held on 11/17/2011. Teleconference held. The Court will enter an order granting the preliminary injunction. In the event the defendant files an interlocutory appeal all matters will be stayed pending resolution of the appeal. The Court ordered the parties to file a proposed scheduling order in one week that will allow for the case to be ready for a final hearing before June 2012. If an agreement can not be reached the parties should contact the Court for a phone conference. (Kanies, Renea) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
99

ORDER entered byJudge Nanette Laughrey. Plaintiffs' Motion for Preliminary Injunction is GRANTED, subject to the same bond previously filed in response to the Motion for Temporary Restraining Order. (Kanies, Renea) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

Clearinghouse
100

CERTIFICATE OF SERVICE by Michael Barrett, IV Plaintiffs' Second Interrogatories to Defendants filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV.(Rothert, Anthony) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
101

CERTIFICATE OF SERVICE by Michael Barrett, IV Plaintiffs' Second Requests for Production to Defendants filed by Anthony E. Rothert on behalf of Plaintiff Michael Barrett, IV.(Rothert, Anthony) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

RECAP

Case Details

State / Territory: Missouri

Case Type(s):

Education

Key Dates

Filing Date: Sept. 14, 2011

Closing Date: Sept. 22, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Current, and future, students of Linn State Technical College who are, or will be, seeking degrees or certificates at the main campus of the College in Linn, Missouri or any other Linn State Technical College Locations

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State Technical College of Missouri (Linn, Osage), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $224,052.40

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

School/University policies

Testing