Case: Billard v. Charlotte Catholic High School

3:17-cv-00011 | U.S. District Court for the Western District of North Carolina

Filed Date: Jan. 11, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the termination of a secular employee by a Catholic high school after the employee made public on Facebook his intent to marry his now-husband.  On January 11, 2017, the former employee filed this lawsuit against Charlotte Catholic High School (CCHS), his former employer, in the United States District Court for the Western District of North Carolina, alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Represented by the American Civil Libe…

This is a case about the termination of a secular employee by a Catholic high school after the employee made public on Facebook his intent to marry his now-husband.  On January 11, 2017, the former employee filed this lawsuit against Charlotte Catholic High School (CCHS), his former employer, in the United States District Court for the Western District of North Carolina, alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Represented by the American Civil Liberties Union of North Carolina, the former employee sought declaratory relief (including a declaration that CCHS violated Title VII); injunctive relief, back pay if reinstatement were granted but front pay if not; compensatory, consequential, and punitive damages; costs incurred, including attorneys’ fees; and other relief as the Court may deem proper. The case was assigned to Magistrate Judge David Keesler, and was initially assigned to Judge Frank D. Whitney, then reassigned to Judge Richard Voorhes on March 13, 2019, and finally reassigned to Judge Max O. Cogburn, Jr. on June 23, 2020. 

The former employee claimed that CCHS declined to renew his contract as a substitute teacher, despite his having worked more than a decade with the school in various capacities, because he posted an announcement on Facebook that he and his partner intended to get married. The former employee and CCHS moved for partial summary judgment and summary judgment, respectively, on September 21, 2017, but the case was paused twice pending two United States Supreme Court decisions (first, Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, decided June 2018; then Bostock v. Clayton County, decided June 2020) before the court ruled on the parties’ motions. On September 3, 2021, the Court granted the former employee’s motion for partial summary judgment, reasoning that the former employee’s termination constituted a classic example of sex discrimination under Bostock, and, in light of that decision, no religious freedom argument put forth by CCHS — including freedom of expression and sections 702(a) and 703(e) of Title VII — was sufficient to overcome the Title VII discrimination. The court also held that CCHS was not subject to the ministerial exception and that the Religious Freedom Restoration Act did not apply, as here, between two private parties. On March 18, 2022, the parties filed a joint motion for entry of a stipulated judgment of damages for $55,000; the court granted the motion and entered judgment in favor of the former employee. 

CCHS appealed to the U.S. Court of Appeals for the Fourth Circuit, and the case was docketed on April 25, 2022. Various religious institutions, as well as prominent law professors, and multiple states (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington) filed amicus briefs. The Fourth Circuit heard oral argument on September 20, 2023. As of October 2023, no decision had yet been issued, and the case is ongoing. 

Summary Authors

Alex Levin (10/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4566953/parties/billard-v-charlotte-catholic-high-school/


Judge(s)
Attorney for Plaintiff

Block, Joshua (North Carolina)

Attorney for Defendant
Expert/Monitor/Master/Other

Balderas, Hector (- United States (national) -)

Berg, Thomas Kenneth (- United States (national) -)

Berry, Jonathan Andrew (- United States (national) -)

Bonta, Robert (- United States (national) -)

Judge(s)

Cogburn, Max Oliver (North Carolina)

Expert/Monitor/Master/Other

Balderas, Hector (- United States (national) -)

Berg, Thomas Kenneth (- United States (national) -)

Berry, Jonathan Andrew (- United States (national) -)

Bonta, Robert (- United States (national) -)

Bursch, John J. (- United States (national) -)

Cambier, Adam M. (- United States (national) -)

Chandy, Sunu (- United States (national) -)

Cohen, Joshua N. (- United States (national) -)

Colby, Kimberlee Wood (- United States (national) -)

Coleman, Miles Edward (- United States (national) -)

Colleluori, Frank (- United States (national) -)

Dankworth, Courtney M. (- United States (national) -)

Dushku, Alexander (- United States (national) -)

Ellison, Keith (- United States (national) -)

Frey, Aaron M. (- United States (national) -)

General, Robert W. (- United States (national) -)

General, Phil Weiser, (- United States (national) -)

General, William Tong, (- United States (national) -)

General, Kwame Raoul, (- United States (national) -)

General, Dana Nessel, (- United States (national) -)

General, Keith Ellison, (- United States (national) -)

General, Matthew J. (- United States (national) -)

General, Peter F. (- United States (national) -)

General, Maura Healey, (- United States (national) -)

General, Ellen F. (- United States (national) -)

General, Brian E. (- United States (national) -)

General, Karl Anthony (- United States (national) -)

Girard, Bradley Scott (- United States (national) -)

Gray, Rory Thomas (- United States (national) -)

Gray, C. Boyden (- United States (national) -)

Gunnarson, R. Shawn (- United States (national) -)

Harrison, Jarom Michael (- United States (national) -)

Hybel, Gabriela Marissa (- United States (national) -)

James, Letitia (- United States (national) -)

Jennings, Kathleen (- United States (national) -)

Katskee, Richard Brian (- United States (national) -)

Kravitz, David Clark (- United States (national) -)

Lark, Stuart (- United States (national) -)

Martin, Emily J. (- United States (national) -)

McCotter, R. Trent (- United States (national) -)

Melcon, John Terry (- United States (national) -)

Nammo, Laura (- United States (national) -)

Narefsky, Laura (- United States (national) -)

Neronha, Peter F. (- United States (national) -)

Nessel, Dana (- United States (national) -)

Phillips, J. Dickson (- United States (national) -)

Platkin, Matthew J. (- United States (national) -)

Raoul, Kwame (- United States (national) -)

Shikada, Holly T. (- United States (national) -)

Speir, Ian Seth (- United States (national) -)

Steadman, Garrett A. (- United States (national) -)

Tong, William (- United States (national) -)

Weiser, Phil (- United States (national) -)

Widmalm-Delphonse, Johannes Sten (- United States (national) -)

Williford, Harold W. (- United States (national) -)

Wolfe, Phoebe (- United States (national) -)

Wright, Emily Haws (- United States (national) -)

Wright, Julian H. (- United States (national) -)

Zimmerman, Erik R. (- United States (national) -)

show all people

Documents in the Clearinghouse

Document
1

3:17-cv-00011

Complaint

Jan. 11, 2017

Jan. 11, 2017

Complaint
69

3:17-cv-00011

Findings and Conclusions

Sept. 3, 2021

Sept. 3, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4566953/billard-v-charlotte-catholic-high-school/

Last updated Oct. 26, 2023, 3:46 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-3207282), filed by Lonnie Billlard.(Largess, S.) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

Clearinghouse

Case Assigned/Reassigned

Jan. 11, 2017

Jan. 11, 2017

PACER

Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(jaw)

Jan. 11, 2017

Jan. 11, 2017

PACER
2

Exhibit by Lonnie Billard. Exhibit to 1 Complaint (Attachments: # 1 Exhibit Notice of Right to Sue, # 2 Exhibit Notice of Right to Sue, # 3 Exhibit Notice of Right to Sue)(Largess, S.) (Entered: 01/11/2017)

1 Exhibit Notice of Right to Sue

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2 Exhibit Notice of Right to Sue

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3 Exhibit Notice of Right to Sue

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Jan. 11, 2017

Jan. 11, 2017

PACER
3

NOTICE of Appearance by Christopher A. Brook, 43466 on behalf of All Plaintiffs (Brook, Christopher) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER

Clerk's Entry and Service of Initial Scheduling Order and Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (jaw)

Jan. 11, 2017

Jan. 11, 2017

PACER

Initial Scheduling Order Entry - Judge Whitney

Jan. 12, 2017

Jan. 12, 2017

PACER
4

Summons Issued Electronically as to Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (jaw) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
5

AFFIDAVIT of Service filed by Lonnie Billard. Mecklenburg Area Catholic Schools served on 1/17/2017, answer due 2/7/2017. (Largess, S.) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
6

AFFIDAVIT of Service filed by Lonnie Billard. Charlotte Catholic High School served on 1/17/2017, answer due 2/7/2017. (Largess, S.) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
7

AFFIDAVIT of Service filed by Lonnie Billard. Roman Catholic Diocese of Charlotte served on 1/17/2017, answer due 2/7/2017. (Largess, S.) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
8

ANSWER to 1 Complaint by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte.(Pinson, Meredith) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

RECAP
9

Corporate Disclosure Statement by Roman Catholic Diocese of Charlotte (Pinson, Meredith) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
10

Corporate Disclosure Statement by Mecklenburg Area Catholic Schools (Pinson, Meredith) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
11

Corporate Disclosure Statement by Charlotte Catholic High School (Pinson, Meredith) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
12

NOTICE of Appearance by Joshua Daniel Davey on behalf of Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte (Davey, Joshua) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
13

NOTICE of Appearance by John G. McDonald on behalf of Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte (McDonald, John) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER

NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 3/1/2017. (clc)

Feb. 10, 2017

Feb. 10, 2017

PACER

Notice to Conduct Initial Attorneys Conference

Feb. 10, 2017

Feb. 10, 2017

PACER
14

MOTION for Leave to Appear Pro Hac Vice as to Brian Hauss Filing fee $ 281, receipt number 0419-3243432. by Lonnie Billard. (Attachments: # 1 Exhibit Statements in support, # 2 Exhibit Certificate of Good Standing)(Largess, S.). Motions referred to David Keesler. (Attachment 1 replaced on 2/22/2017) (eef). (Entered: 02/18/2017)

1 Exhibit Statements in support

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2 Exhibit Certificate of Good Standing

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Feb. 18, 2017

Feb. 18, 2017

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15

MOTION for Leave to Appear Pro Hac Vice as to Elizabeth O. Gill Filing fee $ 281, receipt number 0419-3243433. by Lonnie Billard. (Attachments: # 1 Exhibit Statements in support, # 2 Exhibit Certificate of Good Standing)(Largess, S.). Motions referred to David Keesler. (Entered: 02/18/2017)

1 Exhibit Statements in support

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2 Exhibit Certificate of Good Standing

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Feb. 18, 2017

Feb. 18, 2017

PACER
16

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Ms. Elizabeth Gail is hereby admitted pro hac vice to represent Plaintiff Lonnie Billard. Signed by Magistrate Judge David Keesler on 2/21/17. (mga) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

RECAP

Notice - Out of State Counsel

Feb. 21, 2017

Feb. 21, 2017

PACER

Notice to Elizabeth O. Gill: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 2/28/2017. (mga)

Feb. 21, 2017

Feb. 21, 2017

PACER
17

ORDER granting 14 Motion for Leave to Appear Pro Hac Vice added Brian Hauss for Lonnie Billard. Signed by Magistrate Judge David Keesler on 2/21/2017. (eef) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

RECAP

Notice - Out of State Counsel

Feb. 22, 2017

Feb. 22, 2017

PACER

Notice to Brian Hauss: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 3/1/2017. (eef)

Feb. 22, 2017

Feb. 22, 2017

PACER
18

CERTIFICATION of initial attorney conference and discovery plan (Pinson, Meredith) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

RECAP
19

Pretrial Order and Case Management Plan : Estimated Trial Time: 3-5- days. Discovery due by 8/24/2017. Motions due by 9/21/2017. Mediation deadline set for 9/7/2017. Bench Trial set for 1/2/2018 09:00 AM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.. Signed by Chief Judge Frank D. Whitney on 3/3/17. (clc) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

RECAP
20

MOTION for Leave to Appear Pro Hac Vice as to Joshua Block Filing fee $ 281, receipt number 0419-3387325. by Lonnie Billard. (Attachments: # 1 Exhibit List of Bar Memberships, # 2 Exhibit Certificate of Good Standing)(Brook, Christopher). Motions referred to David Keesler. (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER

Notice - Out of State Counsel

July 10, 2017

July 10, 2017

PACER
21

ORDER granting 20 Motion for Leave to Appear Pro Hac Vice added Joshua Block for Lonnie Billard. Signed by Magistrate Judge David Keesler on 7/10/2017. (chh) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

RECAP

Notice to Joshua Block: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 7/17/2017. (chh)

July 10, 2017

July 10, 2017

PACER
22

Joint MOTION to Waive Alternative Dispute Resolution or For Judicial Settlement Conference re 19 Scheduling Order, by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Responses due by 9/8/2017 plus an additional 3 days if served by mail (Pinson, Meredith). Motions referred to David Keesler. (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
23

ORDER denying 22 Motion To Waive Alternative Dispute Resolution Or For Judicial Settlement Conference. Signed by Magistrate Judge David Keesler on 8/28/17. (mga) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

RECAP
24

Joint MOTION to Amend/Correct 19 Scheduling Order, as to Alternative Dispute Resolution Deadline Only by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Responses due by 9/21/2017 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit A: Proposed Order)(Pinson, Meredith). Motions referred to David Keesler. (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
25

ORDER granting 24 Motion To Amend/Correct Case Management Order As To Alternative Dispute Resolution Deadline Only. The parties shall file a report on the results of mediation on or before October 18, 2017. Signed by Magistrate Judge David Keesler on 9/8/17. (mga) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER

Set/Reset Pretrial Order Deadlines

Sept. 8, 2017

Sept. 8, 2017

PACER

Set/Reset Pretrial Order Deadlines: Mediation deadline set for 10/18/2017. (mga)

Sept. 8, 2017

Sept. 8, 2017

PACER
26

MOTION for Partial Summary Judgment by Lonnie Billard. Responses due by 10/5/2017 plus an additional 3 days if served by mail (Largess, S.) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
27

MEMORANDUM in Support re 26 MOTION for Partial Summary Judgment by Lonnie Billard. (Largess, S.) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

RECAP
28

Appendix by Lonnie Billard. Appendix re: 27 Memorandum in Support of Motion for Partial Summary Judgment (Attachments: # 1 Exhibit Stipulation, # 2 Exhibit Declaration of Plaintiff, # 3 Exhibit Deposition of Steve Carpenter, # 4 Exhibit Deposition of Bishop Jugis, # 5 Exhibit Deposition of Kurt Telford, # 6 Exhibit Defendants Responses to First Interrogatories, # 7 Exhibit Declaration of Colin Wilson, # 8 Exhibit Declaration of Grant Hedrick)(Largess, S.) (Attachment 6 replaced on 9/21/2017) (jaw). (Entered: 09/21/2017)

1

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5

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Sept. 21, 2017

Sept. 21, 2017

PACER
29

MOTION for Summary Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Responses due by 10/5/2017 plus an additional 3 days if served by mail (Pinson, Meredith) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
30

MEMORANDUM in Support re 29 MOTION for Summary Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. (Pinson, Meredith) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

RECAP
31

Appendix by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Appendix re: 29 Motion for Summary Judgment, 30 Memorandum in Support of Motion (Attachments: # 1 Exhibit 1: Deposition Transcripts of Plaintiff Lonnie Billard (Part 1), # 2 Exhibit 1: Deposition Transcripts of Plaintiff Lonnie Billard (Part 2), # 3 Exhibit 2: Declaration of Dr. Janice T. Ritter (Part 1), # 4 Exhibit 2: Declaration of Dr. Janice T. Ritter (Part 2), # 5 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 1), # 6 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 2), # 7 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 3), # 8 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 4), # 9 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 5), # 10 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 6), # 11 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 7), # 12 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 8), # 13 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 9), # 14 Exhibit 3: Declaration of Rev. Roger K. Arnsparger (Part 10), # 15 Exhibit 4: Declaration of Bishop Peter J. Jugis, # 16 Exhibit 5: Deposition of W. Kurt Telford), # 17 Exhibit 6: Deposition of Steve Carpenter, # 18 Exhibit 7: Deposition of F. Matthew Kauth, # 19 Exhibit 8: Deposition of Richard Donham, # 20 Exhibit 9: Deposition of Bishop Peter J. Jugis 30(b)(6))(Pinson, Meredith) (Entered: 09/21/2017)

16

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Sept. 21, 2017

Sept. 21, 2017

PACER
32

RESPONSE in Opposition re 29 MOTION for Summary Judgment by Lonnie Billard. Replies due by 10/12/2017 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit Telford Deposition Excerpts, # 2 Exhibit Defendants' Response to Request for Admission)(Largess, S.) (Entered: 10/05/2017)

1 Exhibit Telford Deposition Excerpts

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2 Exhibit Defendants' Response to Request for Admission

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Oct. 5, 2017

Oct. 5, 2017

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33

MEMORANDUM in Opposition re 26 MOTION for Partial Summary Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Replies due by 10/12/2017 plus an additional 3 days if served by mail (Pinson, Meredith) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

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34

REPLY to Response to Motion re 26 MOTION for Partial Summary Judgment by Lonnie Billard. (Block, Joshua) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

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35

REPLY to Response to Motion re 29 MOTION for Summary Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. (Attachments: # 1 Appendix, # 2 Exhibit A: October 6, 2017 Memorandum)(Pinson, Meredith) (Entered: 10/12/2017)

1 Appendix

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2 Exhibit A: October 6, 2017 Memorandum

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Oct. 12, 2017

Oct. 12, 2017

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36

REPORT of Mediation by Sarah J. Kromer, Mediator. Outcome of Mediation: Parties reached an Impasse. (ams) (Entered: 10/19/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
37

Unopposed MOTION to Continue Docket Call/Trial by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Responses due by 11/8/2017 plus an additional 3 days if served by mail (Attachments: # 1 Proposed Order)(Pinson, Meredith) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
38

ORDER granting 37 Motion to Continue Docket Call/Trial Bench Trial set for 3/5/2018 09:01 AM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.. Signed by Chief Judge Frank D. Whitney on 10/25/17. (clc) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

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39

ORDER STAYING CASE.The Court hereby STAYS this matter pending a resolution of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission in the Supreme Court of the United States. Signed by Chief Judge Frank D. Whitney on 11/14/17. (clc) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

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40

NOTICE of Supplemental Authority by Lonnie Billard re 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Block, Joshua) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
41

NOTICE of Supplemental Authority by Lonnie Billard re 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Block, Joshua) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
42

NOTICE of Supplemental Authority by Lonnie Billard re 26 MOTION for Partial Summary Judgment, 39 Order Staying Case, 29 MOTION for Summary Judgment (Block, Joshua) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
43

Joint MOTION to Lift Stay re 39 Order Staying Case, and Permit Supplemental Briefing by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Responses due by 6/29/2018 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit A: Proposed Order)(Pinson, Meredith). Modified to remove referral on 6/15/2018 (mga). (Entered: 06/15/2018)

1 Exhibit A: Proposed Order

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June 15, 2018

June 15, 2018

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44

ORDER granting 43 Motion to Lift Stay. The parties are permitted until July 16, 2018, to file supplemental briefing in support of their motions for summary judgment, not to exceed 1,500 words, and until July 30, 2018 to file replies.. Signed by Chief Judge Frank D. Whitney on 6/18/18. (clc) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

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45

Supplemental Memorandum by Lonnie Billard as to 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment by Lonnie Billard. (Block, Joshua) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

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46

Supplemental Memorandum by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte as to 29 MOTION for Summary Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. (Pinson, Meredith) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

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47

NOTICE of Intent Not To File Reply by Lonnie Billard re 44 Order on Motion to Lift Stay, 46 Supplemental Memorandum, 45 Supplemental Memorandum (Block, Joshua) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
48

REPLY to Response to Motion re 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. (Pinson, Meredith) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
49

ORDER/NOTICE Setting Hearing on Motion 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment : Motion Hearing set for 12/3/2018 02:00 PM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.. Signed by Chief Judge Frank D. Whitney on 11/8/18. (clc) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
50

Supplemental Memorandum by Lonnie Billard as to 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment by Lonnie Billard. (Attachments: # 1 Unpublished Opinion)(Largess, S.) (Entered: 11/12/2018)

1 Unpublished Opinion

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Nov. 12, 2018

Nov. 12, 2018

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51

Joint MOTION to Continue Dispositive Motions Hearing by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Responses due by 11/29/2018 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit A: Proposed Order)(Pinson, Meredith) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
52

ORDER granting 51 Motion to Continue S/J motion hearing. It is herebyORDERED that the hearing on the Parties cross-motions for summary judgment be continued to February 26, 2019.. Signed by Chief Judge Frank D. Whitney on 11/19/18. (clc) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
53

Supplemental Memorandum by Lonnie Billard as to 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment by Lonnie Billard. (Attachments: # 1 Opinion)(Largess, S.) (Entered: 11/29/2018)

1 Opinion

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Nov. 29, 2018

Nov. 29, 2018

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54

ORDER Setting Hearing on Motion 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment : Motion Hearing set for 2/26/2019 03:00 PM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.. Signed by Chief Judge Frank D. Whitney on 1/16/19. (clc) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
55

NOTICE of Supplemental Authority by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte re 29 MOTION for Summary Judgment (Attachments: # 1 Exhibit A: Wittmer v. Phillips 66 Co.)(Pinson, Meredith) (Entered: 02/11/2019)

1 Exhibit A: Wittmer v. Phillips 66 Co.

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Feb. 11, 2019

Feb. 11, 2019

RECAP
56

NOTICE of Supplemental Authority Response by Lonnie Billard re 55 Notice (Other), (Block, Joshua) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

RECAP

NOTICE of Cancellation of Motion Hearing scheduled for 2/26/19 (clc)

Feb. 25, 2019

Feb. 25, 2019

PACER

Case Assigned/Reassigned

March 13, 2019

March 13, 2019

PACER

Case reassigned to District Judge Richard Voorhees. Chief Judge Frank D. Whitney no longer assigned to the case. Any pending hearings are cancelled. This is your only notice - you will not receive a separate document. (tmg)

March 13, 2019

March 13, 2019

PACER
57

Notice of Substitution of Counsel by Irena Como on behalf of Lonnie Billard, Attorney Christopher A. Brook terminated. (Como, Irena) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
58

Joint MOTION to Stay Case by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Responses due by 5/10/2019 (Attachments: # 1 Proposed Order)(Pinson, Meredith). Motions referred to David Keesler. (Entered: 04/26/2019)

1 Proposed Order

View on PACER

April 26, 2019

April 26, 2019

RECAP
59

ORDER granting 58 Joint Motion to Stay Case. This case is STAYED pending a decision by the Supreme Court of the United States. Signed by Magistrate Judge David Keesler on 4/29/19. (mga) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

RECAP

Case reassigned to District Judge Max O. Cogburn, Jr. District Judge Richard Voorhees no longer assigned to the case. This is your only notice - you will not receive a separate document. (tmg)

June 23, 2020

June 23, 2020

PACER

Case Assigned/Reassigned

June 23, 2020

June 23, 2020

PACER
60

Joint MOTION to Lift Stay re 59 Order on Motion to Stay by Lonnie Billard. Responses due by 7/29/2020 (Largess, S.). Motions referred to David Keesler. (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

RECAP
61

ORDER granting 60 Consent Motion to Lift Stay. The parties are directed to submit supplemental briefs on or before 8/7/2020 and submit reply briefs on or before 8/14/2020. Signed by Magistrate Judge David Keesler on 7/16/2020. (mek) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

RECAP
62

Supplemental Memorandum by Lonnie Billard as to 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment by Lonnie Billard. (Block, Joshua) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
63

Supplemental Memorandum by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte as to 29 MOTION for Summary Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. (Davey, Joshua) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
64

Supplemental Memorandum by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte as to 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. (Davey, Joshua) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
65

Supplemental Memorandum by Lonnie Billard as to 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment by Lonnie Billard. (Block, Joshua) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP

NOTICE of Hearing on Motion re: 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment : Motion Hearing set for 9/16/2020 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)

Aug. 25, 2020

Aug. 25, 2020

PACER

Notice of Hearing on Motion

Aug. 25, 2020

Aug. 25, 2020

PACER
66

MOTION for Leave to Appear Pro Hac Vice as to Moses M. Tincher Filing fee $ 281, receipt number 0419-4666816. by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. (Davey, Joshua). Motions referred to David Keesler. (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
67

ORDER granting 66 Motion for Leave to Appear Pro Hac Vice. Moses M. Tincher is hereby admitted pro hac vice to represent Defendants Charlotte Catholic High School, Mecklenburg Area Catholic Schools, and Roman Catholic Diocese of Charlotte. Signed by Magistrate Judge David Keesler on 9/14/20. (mga) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP

Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. Re 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment . Motion taken under advisement, order to issue. Plaintiffs attorney: Joshua Block, S. Luke Largess, Irena Como. Defendants attorney: Joshua Davis, Moses Tincher. Court reporter: Cheryl Nuccio. (ams)

Sept. 16, 2020

Sept. 16, 2020

PACER

Motion Hearing

Sept. 16, 2020

Sept. 16, 2020

PACER
68

NOTICE of Supplemental Authority by Lonnie Billard re 26 MOTION for Partial Summary Judgment, 29 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Block, Joshua) (Entered: 10/23/2020)

1 Exhibit

View on RECAP

Oct. 23, 2020

Oct. 23, 2020

RECAP
69

ORDER denying 29 Motion for Summary Judgment ; granting 26 Motion for Partial Summary Judgment. Signed by District Judge Max O. Cogburn, Jr on 9/3/21. (clc) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

Clearinghouse
70

Notice of Substitution of Counsel by Joshua Daniel Davey on behalf of Roman Catholic Diocese of Charlotte, Mecklenburg Area Catholic Schools, Charlotte Catholic High School, Attorney John G. McDonald and Meredith Anne Pinson terminated. (Davey, Joshua) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

RECAP

Set/Reset Hearings: Docket Call/Bench Trial set for 4/18/2022 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. (ams)

Sept. 28, 2021

Sept. 28, 2021

PACER

Set/Reset Hearings

Sept. 28, 2021

Sept. 28, 2021

PACER
71

Consent MOTION for Entry of Judgment reserving Defendants' right to appeal and deferring Plaintiff's fee petition until after appeal by Lonnie Billard. Responses due by 3/11/2022 (Largess, S.) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

RECAP
72

ORDER and JUDGMENT granting 71 Motion for Entry of Judgment. The Court hereby enters judgment as stated herein. Signed by District Judge Max O. Cogburn, Jr on 3/18/2022. (ams) Modified text on 3/23/2022 (ams). (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

RECAP
73

NOTICE OF APPEAL as to 69 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, 72 Order on Motion for Entry of Judgment by Charlotte Catholic High School, Mecklenburg Area Catholic Schools, Roman Catholic Diocese of Charlotte. Filing fee $ 505, receipt number ANCWDC-5534019. Use this link www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Davey, Joshua) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

RECAP
74

Transmission of Notice of Appeal to US Court of Appeals re 73 Notice of Appeal(ams) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
75

USCA Case Number [22-1440] for 73 Notice of Appeal, USCA Case Manager: Kirsten Hancock. (ejb) (Entered: 04/27/2022)

April 25, 2022

April 25, 2022

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Key Dates

Filing Date: Jan. 11, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A substitute teacher at a Catholic High School whose contract was not renewed because he posted on Facebook his intent to marry his now-husband.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mecklenburg Area Catholic Schools (Charlotte, NC), None

Defendant Roman Catholic Diocese of Charlotte (Charlotte, NC), Private Entity/Person

Charlotte Catholic High School (Charlotte, NC), Private Entity/Person

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $55,000

Issues

General:

Education

Religious programs / policies

Retaliation

School/University policies

Discrimination-area:

Discharge / Constructive Discharge / Layoff

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Male