Case: Johnson v. Cody-Kilgore Unified School District

RESTRICTED COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ANEDC-4399330), by Attorney Adam J. Sipple on behalf of M.L., Alice Johnson, A.S., Norma Leroy(Sipple, Adam) ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Modified on 5/17/2021 to add restricted access per call from attorney (KMM). Modified on 5/17/2021 to correct restricted language (DCD). (Entered: 05/17/2021)

Summons Requested as to Marvanne Logterman regarding Complaint 7 . (Sipple, Adam) (Entered: 05/17/2021)

Summons Issued as to defendants Cody-Kilgore Unified School District, Adam Lambert, and Marvanne Logterman. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM) (Entered: 05/17/2021)

Summons Requested as to regarding Complaint 1 . (Sipple, Adam) (Entered: 05/17/2021)

TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge John M. Gerrard and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) (Entered: 05/17/2021)

Summons Issued as to defendant Marvanne Logterman. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM) (Entered: 05/17/2021)

MOTION to file under Seal Complaint by Attorney Adam J. Sipple on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Sipple, Adam) (Entered: 05/17/2021)

TEXT ORDER granting in part 5 Motion to Seal. Access to the unredacted complaint 1 shall be limited to case participants pursuant to NECivR 5.3. The plaintiff shall file a redacted version of the complaint as provided by Fed. R. Civ. P. 5.2(d) & (f). Ordered by Chief Judge John M. Gerrard. (DCD) (Entered: 05/17/2021)

COMPLAINT Redacted against All Defendants, by Attorney Adam J. Sipple on behalf of M.L., Alice Johnson, A.S., Norma Leroy(Sipple, Adam) (Entered: 05/17/2021)

Summons Requested as to Cody-Kilgore Unified School District regarding Complaint 7 . (Sipple, Adam) (Entered: 05/17/2021)

Summons Requested as to Adam Lambert regarding Complaint 7 . (Sipple, Adam) (Entered: 05/17/2021)

Assignment of Judges

Order on Motion to Seal

NOTICE of Appearance on Behalf of Defendants by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman (Wilbrand, Charles) (Entered: 05/24/2021)

NOTICE of Appearance on Behalf of Defendants by Attorney Carly L. Bahramzad on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman (Bahramzad, Carly) (Entered: 05/24/2021)

WAIVER OF SERVICE Returned Executed upon defendant Cody-Kilgore Unified School District. Waiver sent on 5/17/2021. (Wilbrand, Charles) (Entered: 06/01/2021)

WAIVER OF SERVICE Returned Executed upon defendant Adam Lambert. Waiver sent on 5/17/2021. (Wilbrand, Charles) (Entered: 06/01/2021)

WAIVER OF SERVICE Returned Executed upon defendant Marvanne Logterman. Waiver sent on 5/17/2021. (Wilbrand, Charles) (Entered: 06/01/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 07/15/2021)

BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 17 by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 07/15/2021)

UNOPPOSED MOTION to Extend Time to Reply to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 17 by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Godinez, Rosangela) (Entered: 08/03/2021)

TEXT ORDER granting 19 Motion to Extend. The plaintiffs may respond to the defendants' motion to dismiss 17 on or before August 12, 2021. The defendants may reply in support of their motion on or before August 19, 2021. Ordered by Judge John M. Gerrard. (DCD) (Entered: 08/03/2021)

Order on Motion to Extend

REPLY BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 17 by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Godinez, Rosangela) (Entered: 08/12/2021)

REPLY BRIEF in support of Brief 18, Reply Brief 21, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 17 by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 08/19/2021)

MOTION to Withdraw as Attorney ADAM J. SIPPLE AS PLAINTIFFS' COUNSEL OF RECORD by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Godinez, Rosangela) (Entered: 10/15/2021)

TEXT ORDER granting 23 Motion to Withdraw as Attorney. Adam J. Sipple is granted leave to withdraw as counsel of record for Plaintiffs and shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 10/15/2021)

Order on Motion to Withdraw as Attorney

MEMORANDUM AND ORDER The defendants' motion to dismiss (filing 17 ) is granted in part, and in part denied. The plaintiffs' ยง 1983 claim with respect to alleged violations of the Fourteenth Amendment is dismissed. The plaintiffs' state law battery claim against Logterman is dismissed. Ordered by Judge John M. Gerrard. (LRM) (Entered: 11/10/2021)

ANSWER to Complaint by Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman (Bahramzad, Carly) (Entered: 11/24/2021)

SCHEDULING ORDER Rule 26 Meeting Report Deadline set for 12/28/2021. Ordered by Magistrate Judge Michael D. Nelson. (LRM) (Entered: 11/24/2021)

RESTRICTED CASE CONFERENCE INSTRUCTIONS AND ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Michael D. Nelson. (LRM) (Entered: 11/24/2021)

REPORT of Rule 26(f) Planning Meeting by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Godinez, Rosangela) (Entered: 12/27/2021)

CASE PROGRESSION ORDER - Depositions due 10/17/2022. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on October 17, 2022, at 11:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM) (Entered: 12/27/2021)

NOTICE of Service of Rule 26(a)(1) Disclosures by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L. (Godinez, Rosangela) (Entered: 12/28/2021)

Certificate of Service by Attorney Carly L. Bahramzad on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Bahramzad, Carly) (Entered: 12/28/2021)

UNOPPOSED MOTION to Amend Complaint 7 by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L.. (Attachments: # 1 Exhibit A - Unsigned, redline copy of Amended Complaint)(Godinez, Rosangela) (Entered: 02/11/2022)

TEXT ORDER granting 33 Unopposed Motion for Leave to File Amended Complaint. Plaintiffs shall file the proposed Amended Complaint [33-1] on or before February 18, 2022. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 02/11/2022)

AMENDED COMPLAINT with with jury demand against Defendant All Defendants, by Attorney Rosangela Godinez on behalf of M.L., Alice Johnson, A.S., Norma Leroy(Godinez, Rosangela) (Entered: 02/11/2022)

Order on Motion to Amend

Defendant's ANSWER to Amended Complaint 35 by Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman (Wilbrand, Charles) (Entered: 02/25/2022)

MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4616291 by Attorney Joshua C. McDaniel on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(McDaniel, Joshua) (Entered: 04/13/2022)

MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4616290 by Attorney Kelsey Flores on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Flores, Kelsey) (Entered: 04/13/2022)

TEXT ORDER granting Motion for Admission Pro Hac Vice 37 for attorney Joshua C. McDaniel. Ordered by Deputy Clerk. (JLS) (Entered: 04/14/2022)

TEXT ORDER granting Motion for Admission Pro Hac Vice 38 for attorney Kelsey Flores. Ordered by Deputy Clerk. (JLS) (Entered: 04/14/2022)

Order on Motion for Admission Pro Hac Vice

TEXT EMAIL MOTION by counsel for the parties requesting a telephone conference to discuss possible discovery issues. (JLM) (Entered: 04/21/2022)

TEXT ORDER granting 41 Text Email Motion. A telephone conference is set for April 28, 2022, at 11:00 AM CDT before Magistrate Judge Michael D. Nelson. On or before April 27, 2022, the parties shall each submit to nelson@ned.uscourts.gov 2-page statements as to the issues. The parties shall use the case conference instructions at Filing No. 28 to participate in the call. Ordered by Magistrate Judge Michael D. Nelson. (JLM) Modified on 4/21/2022 (JLM). (Entered: 04/21/2022)

Email

Order on Email Motion

UNOPPOSED MOTION to Extend Final Schedule for Progression of Case by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Godinez, Rosangela) (Entered: 04/27/2022)

TEXT MINUTE ENTRY for telephone conference held with counsel for the parties on April 28, 2022, before Magistrate Judge Michael D. Nelson. Discussion held regarding written discovery potentially implicating FERPA. As discussed, Plaintiff shall provide the Court with a jointly proposed protective order and written order by May 5, 2022. (SMN) (Entered: 04/28/2022)

AMENDED CASE PROGRESSION ORDER granting 43 Motion to Extend. A Planning Conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings is set for 3/16/2023 at 11:00 AM by Telephone before Magistrate Judge Michael D. Nelson. Ordered by Magistrate Judge Michael D. Nelson. (ADB) (Entered: 04/28/2022)

Telephone Conference

STIPULATED PROTECTIVE ORDER. Ordered by Magistrate Judge Michael D. Nelson. (ADB) (Entered: 05/05/2022)

ORDER REGARDING DISCLOSURE OF STUDENT RECORDS. Ordered by Magistrate Judge Michael D. Nelson. (ADB) (Entered: 05/05/2022)

NOTICE of regarding Order 47 Proposed Notice to Parents/Guardians by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman (Wilbrand, Charles) (Entered: 05/13/2022)

NOTICE of Serving Discovery Requests by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L. (Godinez, Rosangela) (Entered: 05/23/2022)

Certificate Of Service for Discovery Responses by Cody-Kilgore Unified School District and Adam Lambert by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 07/22/2022)

MOTION to Withdraw as Attorney as to Carly L. Bahramzad by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 07/25/2022)

Certificate of Service for Discovery Responses by Marvanne Logterman by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 07/25/2022)

TEXT ORDER granting 51 Motion to Withdraw as Attorney. Carly L. Bahramzad is granted leave to withdraw as counsel for Defendants and shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Michael D. Nelson. (SMN) (Entered: 07/25/2022)

Order on Motion to Withdraw as Attorney

UNOPPOSED MOTION to Extend Case Progression Deadlines by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Godinez, Rosangela) (Entered: 08/25/2022)

SECOND AMENDED CASE PROGRESSION ORDER The planning conference scheduled for March 16, 2023, is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the part ies' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on April 21, 2023, at 11:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM)

Certificate of Service by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 10/06/2022)

Certificate of Service of Plaintiffs' Expert Identification by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L..(Godinez, Rosangela) (Entered: 10/11/2022)

Certificate of Service of Defendant's Discovery Requests to Plaintiffs by Attorney Thomas Joseph Helget on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Helget, Thomas) (Entered: 10/11/2022)

Certificate of Service for Defendant Cody-Kilgore Unified School District's Second Supplemental Discovery Responses by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 11/02/2022)

NOTICE of Serving Answers to Defendant Cody-Kilgore Unified School District's Interrogatories, Set I, and Requests for Production of Documents, Set I by Attorney Rosangela Godinez on behalf of Plaintiffs A.S., Alice Johnson, Norma Leroy, M.L. (Godinez, Rosangela) (Entered: 11/14/2022)

JOINT MOTION to Extend Deadlines in Progression Order by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 12/07/2022)

THIRD AMENDED CASE PROGRESSION ORDER The Jointly Stipulated Motion to Modify Final Schedule for Progression of Case (Filing No. 61 ) is granted. The planning conference scheduled for April 21, 2023, is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on June 23, 2023, at 11:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM)

TEXT NOTICE of Hearing regarding Third Amended Case Progression Order 62 . Planning Conference set for 6/23/2023 at 11:30 AM by Telephone before Magistrate Judge Michael D. Nelson. (LRM) (Entered: 12/23/2022)

Notice of Hearing

JOINT MOTION to Continue Final Schedule for Progression of Case by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 02/03/2023)

FOURTH AMENDED CASE PROGRESSION ORDER The Jointly Stipulated Motion to Modify Final Schedule for Progression of Case (Filing No. 64 ) is granted. The planning conference scheduled for June 23, 2023, is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on August 17, 2023, at 11:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM)

JOINT STIPULATION to Extend Deadlines by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 03/09/2023)

FIFTH AMENDED CASE PROGRESSION ORDER The Jointly Stipulated Motion to Modify Final Schedule for Progression of Case (Filing No. 66 ) is granted. The planning conference scheduled for August 17, 2023, is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on September 27, 2023, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM)

TEXT NOTICE of Hearing regarding Order 67 . Planning Conference set for 9/27/2023 at 10:00 AM by Telephone before Magistrate Judge Michael D. Nelson. (LRM) (Entered: 03/09/2023)

Notice of Hearing

JOINT MOTION to Extend Deadlines by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 04/11/2023)

SIXTH AMENDED CASE PROGRESSION ORDER The Jointly Stipulated Motion to Modify Final Schedule for Progression of Case (Filing No. 69 ) is granted. The planning conference scheduled for September 27, 2023, is cancelled. The trial and pretrial conferenc e will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on October 25, 2023, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM)

JOINT MOTION to Continue by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 05/12/2023)

SEVENTH AMENDED CASE PROGRESSION ORDER - The Jointly Stipulated Motion to Modify Final Schedule for Progression of Case (Filing No. 71 ) is granted. The deposition deadline is November 6, 2023. The planning conference scheduled for October 25, 2023, is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on November 8, 2023, at 10:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (JES) (Entered: 05/12/2023)

JOINT MOTION to Continue by Attorney Charles E. Wilbrand on behalf of Defendants Cody-Kilgore Unified School District, Adam Lambert, Marvanne Logterman.(Wilbrand, Charles) (Entered: 07/13/2023)

EIGHTH AMENDED CASE PROGRESSION ORDER - the Jointly Stipulated Motion to Modify Final Schedule for Progression of Case (Filing No. 73 ) is granted. The deposition deadline is January 5, 2024. The planning conference scheduled for November 8, 20 23, is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties interest in settlement, and the trial and pretrial conference settings will be he ld with the undersigned magistrate judge on January 10, 2024, at 10:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (JES)

TEXT NOTICE of Hearing regarding Eighth Amended Case Progression Order 74 . Planning Conference set for 1/10/2024 at 10:30 AM by Telephone before Magistrate Judge Michael D. Nelson. (JES) (Entered: 07/13/2023)

Notice of Hearing

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

CONSENT DECREE Ordered by Senior Judge John M. Gerrard. (JES)

Judgment

Stipulation of Dismissal

Order on Stipulation for Dismissal

Stipulation of Dismissal

Order on Stipulation for Dismissal