Case: Freedom From Religion Foundation v. Concord Community Schools

3:15-cv-00463 | U.S. District Court for the Northern District of Indiana

Filed Date: Oct. 7, 2015

Closed Date: March 6, 2017

Clearinghouse coding complete

Case Summary

This case challenged a public high school’s annual Christmas show, which featured a nativity scene, on First Amendment grounds.  On October 7, 2015, the Freedom From Religion Foundation, a non-profit organization dedicated to the separation of church and state, and several of its members (Plaintiffs) filed this lawsuit against Concord Community Schools (Defendant), a public school corporation that operated several schools in Indiana, in the U.S. District Court for the Northern District of India…

This case challenged a public high school’s annual Christmas show, which featured a nativity scene, on First Amendment grounds. 

On October 7, 2015, the Freedom From Religion Foundation, a non-profit organization dedicated to the separation of church and state, and several of its members (Plaintiffs) filed this lawsuit against Concord Community Schools (Defendant), a public school corporation that operated several schools in Indiana, in the U.S. District Court for the Northern District of Indiana. The plaintiffs’ complaint centered on Concord High School’s “Christmas Spectacular,” a series of annual winter performances at the school which featured a live nativity scene. The plaintiffs claimed that the inclusion of the nativity scene in the show violated the Establishment Clause of the First Amendment because it was an endorsement of religion by the defendant. They sought declaratory and injunctive relief, nominal damages in the amount of $1.00 for each plaintiff, and a preliminary injunction that would enjoin Concord Community Schools from organizing, rehearsing, presenting, or allowing to be presented the portion of the show depicting the nativity scene. 

On October 22, 2015, the plaintiffs filed a motion for a preliminary injunction. The court granted that motion on December 2, 2015. 

On February 7, 2016, the plaintiffs filed an amended complaint. After the plaintiffs filed their initial complaint, Concord High School made adjustments to the Christmas spectacular. In their amended complaint, the plaintiffs laid out three versions of the school’s nativity scene and explained that they objected to all three versions. The first version was the show as performed in 2014 and years prior, which included a live nativity scene with students portraying biblical figures and a faculty member narrating the story. The second version was the show as proposed for 2015 prior to the court’s preliminary injunction. That version omitted the narration by a faculty member and included short performances acknowledging Hanukkah and Kwanzaa. The third version was the show as actually performed in 2015– live student actors in the nativity scene were replaced with mannequins, the show still included acknowledgements of Hanukkah and Kwanzaa, and the nativity scene with mannequins was on stage for a shorter duration. In their amended complaint, the plaintiffs requested a permanent injunction that would enjoin the school from organizing, rehearsing, presenting, or allowing to be presented the portion of the Christmas spectacular with the nativity scene in any of those three versions. 

On April 29, 2016, the plaintiffs filed a motion for summary judgment. The defendants filed a cross-motion for summary judgment on May 17, 2016. The court issued its opinion on September 14, 2016. It declined to rule on whether the pre-2015 and proposed 2015 show violated the Establishment Clause and said that two questions needed further consideration. The first was whether the plaintiffs’ challenges to these earlier versions were moot. The second was what the appropriate remedy would be if the court were to determine that these versions violated the Establishment Clause. The court ordered supplemental briefing from both parties on these questions. Regarding the show as it was actually performed in 2015, the court granted the school’s cross-motion for summary judgment, finding that the 2015 version did not violate the Establishment Clause. 

After the parties provided the above supplemental briefing, the court issued a subsequent opinion on March 6, 2017. The court determined that the plaintiffs’ claims as to the pre-2015 and 2015 shows were not moot. On the merits, it determined that both versions violated the Establishment Clause because they created an impermissible message of endorsement of religion. The court awarded nominal damages to the plaintiffs and granted their request for a declaratory judgment, but it denied the plaintiffs’ request for a permanent injunction. The court explained that a permanent injunction does not automatically follow from finding a violation and the declaratory judgment itself establishes the parties’ rights. It further said that if the school acted inconsistently with the court’s judgment in the future, then further relief could be considered. 

The plaintiffs appealed the court’s partial grant of summary judgment to the U.S. Court of Appeals for the Seventh Circuit on March 21, 2017. The defendants filed a cross-appeal on March 31, 2017. The Seventh Circuit issued its opinion on April 12, 2018. 885 F.3d 1038. It agreed with the district court that the 2015 show as performed did not violate the Establishment Clause because it did not constitute an endorsement of religion. The court also agreed with the Seventh Circuit that the plaintiffs’ claims as to the pre-2015 and proposed 2015 shows were not moot. However, it did not reevaluate the district court’s findings that those shows were unconstitutional. The parties did not question the district court’s decision on the merits in that regard, so the issue was not before the Seventh Circuit on appeal. The district court’s determination that those shows violated the Establishment Clause therefore stood. 

The case is now closed. 

 

Summary Authors

Connor Mulvena (4/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5506310/parties/freedom-from-religion-foundation-v-concord-community-schools/

Judge(s)

DeGuilio, Jon Ernest (Indiana)

show all people

Documents in the Clearinghouse

Document
1

3:15-cv-00463

Complaint for Declaratory and Injunctive Relief and Nominal Damages

Oct. 7, 2015

Oct. 7, 2015

Complaint
40

3:15-cv-00463

Opinion, Order and Preliminary Injunction

Dec. 2, 2015

Dec. 2, 2015

Order/Opinion

148 F.Supp.3d 727

45

3:15-cv-00463

Amended Complaint for Declaratory and Injunctive Relief and Nominal Damages

Feb. 7, 2016

Feb. 7, 2016

Complaint
45

3:15-cv-00463

Amended Complaint for Declaratory and Injunctive Relief and Nominal Damages

Freedom from Religion Foundation v. Concord Community Schools

Feb. 7, 2016

Feb. 7, 2016

Complaint
62

3:15-cv-00463

Opinion and Order

Sept. 14, 2016

Sept. 14, 2016

Order/Opinion

207 F.Supp.3d 862

70

3:15-cv-00463

Opinion and Order

March 6, 2017

March 6, 2017

Order/Opinion

240 F.Supp.3d 914

89

3:15-cv-00463

Order

U.S. Court of Appeals for the Seventh Circuit

Sept. 21, 2017

Sept. 21, 2017

Order/Opinion
46

17-01591

17-01683

Opinion

U.S. Court of Appeals for the Seventh Circuit

March 21, 2018

March 21, 2018

Order/Opinion

885 F.3d 1038

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5506310/freedom-from-religion-foundation-v-concord-community-schools/

Last updated July 9, 2025, 11:07 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief and Nominal Damages against Concord Community Schools( Filing fee $ 400 receipt number 0755-2766954.), filed by FREEDOM FROM RELIGION FOUNDATION, JACK DOE, JOHN DOE. (Attachments: # 1 Exhibit 1 (FFRF letter), # 2 Exhibit 2 (Superintendent statement), # 3 Civil Cover Sheet, # 4 Proposed Summons)(Rose, Gavin) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

Clearinghouse

Add and Terminate Judges

Oct. 7, 2015

Oct. 7, 2015

PACER
2

NOTICE of Appearance by Gavin M Rose on behalf of All Plaintiffs (Rose, Gavin) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

RECAP
3

Corporate Disclosure Statement by FREEDOM FROM RELIGION FOUNDATION. (Rose, Gavin) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

RECAP
4

MOTION Proceed by Anonymous Name and for Protective Order by Plaintiffs JACK DOE, JOHN DOE, FREEDOM FROM RELIGION FOUNDATION. (Attachments: # 1 Exhibit 1 (Does Affidavit), # 2 Exhibit 2 (Law Review Article))(Rose, Gavin) (Entered: 10/07/2015)

1 Exhibit 1 (Does Affidavit)

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2 Exhibit 2 (Law Review Article)

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Oct. 7, 2015

Oct. 7, 2015

PACER
5

MEMORANDUM in Support of 4 MOTION Proceed by Anonymous Name and for Protective Order filed by JACK DOE, JOHN DOE, FREEDOM FROM RELIGION FOUNDATION. (Rose, Gavin) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER

Judge Jon E DeGuilio and Magistrate Judge Christopher A Nuechterlein added. (NEW CASE WITH PENDING MOTION) (mlc)

Oct. 7, 2015

Oct. 7, 2015

PACER
6

Summons Issued as to Concord Community Schools. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (mlc) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
7

Application for Attorney Daniel I Mach to Appear Pro Hac Vice on behalf of Freedom From Religion Foundation, John Doe, Jack Doe. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2767487(Pro Hac Vice Temporary login, ) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

RECAP
8

Application for Attorney Heather L. Weaver to Appear Pro Hac Vice on behalf of Freedom From Religion Foundation, John Doe, Jack Doe. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2767507(Pro Hac Vice Temporary login, ) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

RECAP
9

ORDER granting 7 Application to Appear Pro Hac Vice of Attorney Daniel I Mach PHV for JACK DOE, JOHN DOE, and Freedon From Religion Foundation. Signed by Magistrate Judge Christopher A Nuechterlein on 10/13/2015. (mtr) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

RECAP
10

ORDER granting 8 Application to Appear Pro Hac Vice of Attorney Heather L Weaver PHV for JACK DOE, JOHN DOE, and Freedon From Religion Foundation. Signed by Magistrate Judge Christopher A Nuechterlein on 10/13/2015. (mtr) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

RECAP
11

NOTICE of Appearance by Thomas E Wheeler, II on behalf of Concord Community Schools (Wheeler, Thomas) (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

RECAP
12

Application for Attorney Samuel T Grover to Appear Pro Hac Vice on behalf of FFRF, Doe family. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2778933(Pro Hac Vice Temporary login, ) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

RECAP
13

MOTION for Preliminary Injunction by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation. (Attachments: # 1 Exhibit 1 (Video of 2014 Christmas Spectacular) (Filed Manually), # 2 Exhibit 2 (Aff. of John Doe), # 3 Exhibit 3 (Aff. of Jack Doe), # 4 Exhibit 4 (Aff. of Annie Laurie Gaylor))(Rose, Gavin) (Entered: 10/22/2015)

1 Exhibit 1 (Video of 2014 Christmas Spectacular) (Filed Manually)

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2 Exhibit 2 (Aff. of John Doe)

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3 Exhibit 3 (Aff. of Jack Doe)

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4 Exhibit 4 (Aff. of Annie Laurie Gaylor)

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Oct. 22, 2015

Oct. 22, 2015

PACER

~Util - Set Deadlines AND Order

Oct. 22, 2015

Oct. 22, 2015

PACER
14

NOTICE OF MANUAL FILING of CD of 2014 Christmas Spectacular by Jack Doe, John Doe, Freedom From Religion Foundation (Rose, Gavin) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

RECAP
15

***FILED IN ERROR REFILED AT DE 18 *** MEMORANDUM in Support of 13 MOTION for Preliminary Injunction filed by Jack Doe, John Doe, Freedom From Religion Foundation. (Rose, Gavin) Modified on 10/22/2015 (rmc). (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
16

ORDER granting 12 Application to Appear Pro Hac Vice of Attorney Samuel T Grover PHV for Jack Doe, John Doe, and Freedom From Religion Foundation. Signed by Magistrate Judge Christopher A Nuechterlein on 10/22/2015. (mtr) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

RECAP
17

ORDER regarding 13 MOTION for Preliminary Injunction . The response brief is due by 11/5/2015 and the reply brief is due by 11/12/2015. This is a text-only order by Judge Jon E DeGuilio on 10/22/2015. (saj) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
18

AMENDED MEMORANDUM in Support of 13 MOTION for Preliminary Injunction (Amended) filed by Jack Doe, John Doe, Freedom From Religion Foundation. (Rose, Gavin) Modified on 10/22/2015 (rmc). (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
19

SUMMONS Returned Executed by Freedom From Religion Foundation, Jack Doe, John Doe. Concord Community Schools served on 10/13/2015, answer due 11/3/2015. (Rose, Gavin) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

RECAP

Receipt

Oct. 23, 2015

Oct. 23, 2015

PACER
20

RECEIPT from Freedom From Religion Foundation of 2 CDs - see 14 Notice of Manual Filing. (jld) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
21

Application for Attorney Ryan D. Jayne to Appear Pro Hac Vice on behalf of Freedom From Religion Foundation. Pro Hac Vice fee of $ 93 has been received, receipt number 0755-2781289(Pro Hac Vice Temporary login, ) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

RECAP
22

ORDER granting 21 Application to Appear Pro Hac Vice of Attorney Ryan D Jayne PHV for Freedom From Religion Foundation. Signed by Magistrate Judge Christopher A Nuechterlein on 10/26/2015. (mtr) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

RECAP
23

ORDER re 4 MOTION Proceed by Anonymous Name and for Protective Order. Court EXTENDS the deadlines for briefing Plaintiffs pending motion to proceed anonymously. Defendants response brief is due no later than November 19, 2015. Plaintiffs reply brief is due no later than November 26, 2015. Signed by Magistrate Judge Christopher A Nuechterlein on 11/3/15. (mc) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

RECAP
24

NOTICE of Appearance by Anthony W Overholt on behalf of Concord Community Schools (Overholt, Anthony) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

RECAP
25

MOTION for Leave to File Excess Pages Defendant's Memorandum in Opposition to Plaintiffs' Request for a Preliminary Injunction by Defendant Concord Community Schools. (Wheeler, Thomas) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

RECAP
26

RESPONSE to Motion re 13 MOTION for Preliminary Injunction filed by Concord Community Schools. (Wheeler, Thomas) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

RECAP
27

AFFIDAVIT in Opposition re 13 MOTION for Preliminary Injunction Affidavit of Scott Spradling filed by Concord Community Schools. (Attachments: # 1 Exhibit A - Policy 2240, # 2 Exhibit B Concord Performing Arts Department Course Catalog, # 3 Exhibit C1 - Footloose Program, # 4 Exhibit C2 - 2015 Carnival Variety Show Program, # 5 Exhibit C-3 2015 All School Band Festival Program, # 6 Exhibit C4 - 45th Annual Choral Music Pops Concert Program, # 7 Exhibit C5 - 2015 Jazz Cafe Program, # 8 Exhibit C6 2014 Christmas Spectacular Program, # 9 Exhibit D Draft 2015 Christmas Spectacular Program)(Wheeler, Thomas) (Entered: 11/05/2015)

1 Exhibit A - Policy 2240

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2 Exhibit B Concord Performing Arts Department Course Catalog

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3 Exhibit C1 - Footloose Program

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4 Exhibit C2 - 2015 Carnival Variety Show Program

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5 Exhibit C-3 2015 All School Band Festival Program

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6 Exhibit C4 - 45th Annual Choral Music Pops Concert Program

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7 Exhibit C5 - 2015 Jazz Cafe Program

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8 Exhibit C6 2014 Christmas Spectacular Program

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9 Exhibit D Draft 2015 Christmas Spectacular Program

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Nov. 5, 2015

Nov. 5, 2015

PACER
28

ANSWER to 1 Complaint, by Concord Community Schools.(Wheeler, Thomas) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER

Order on Motion for Leave to File Excess Pages

Nov. 6, 2015

Nov. 6, 2015

PACER
29

ORDER - Plaintiffs' counsel having no objection, the 25 Motion for Leave to File Excess Pages is GRANTED. This is a text-only order by Judge Jon E DeGuilio on 11/6/2015. (saj) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
30

Consent MOTION for Extension of Time to File Response/Reply as to 26 Response to Motion for Preliminary Injunction by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation. (Rose, Gavin) (Entered: 11/08/2015)

Nov. 8, 2015

Nov. 8, 2015

RECAP
31

ORDER granting 30 Motion for Extension of Time to File Response/Reply; Plaintiffs to file reply in support of Motion for Preliminary Injunction by 11/16/2015. This is a text-only order by Judge Jon E DeGuilio on 11/9/2015. (dk) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 9, 2015

Nov. 9, 2015

PACER
32

NOTICE of Appearance by Timothy S Shelly on behalf of Concord Community Schools (Shelly, Timothy) (Entered: 11/10/2015)

Nov. 10, 2015

Nov. 10, 2015

RECAP
33

Consent MOTION for Leave to File Excess Pages and Attached Oversized Reply Brief in Support of Preliminary Injunction Motion by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation. (Attachments: # 1 Oversized Reply Brief in Support of Preliminary Injunction, # 2 Exhibit (Dep. of Spradling), # 3 Exhibit Dep. Exh. 1 (Notice of Dep.), # 4 Exhibit Dep. Exh. 2 (2010 Program), # 5 Exhibit Dep. Exh. 3 (2011 Program), # 6 Exhibit Dep. Exh. 4 (2012 Program), # 7 Exhibit Dep. Exh. 5 (2013 Program), # 8 Exhibit Dep. Exh. 6 (2014 Program), # 9 Exhibit Dep. Exh. 7 (2015 Program), # 10 Exhibit Dep. Exh. 8 (Choir Handbook), # 11 Exhibit Dep. Exh. 9 (Calendar), # 12 Exhibit Dep. Exh. 10 (Commitment Form), # 13 Exhibit Dep. Exh. 11 (Calendar), # 14 Exhibit Dep. Exh. 12 (Calendar))(Rose, Gavin) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
34

ORDER granting 33 Consent Motion for Leave to File Excess Pages for Reply Brief. This is a text-only order by Judge Jon E DeGuilio on 11/17/2015. (saj) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER

Order on Motion for Leave to File Excess Pages

Nov. 17, 2015

Nov. 17, 2015

PACER
35

REPLY to Response to Motion re 13 MOTION for Preliminary Injunction filed by Jack Doe, John Doe, Freedom From Religion Foundation. (Attachments: # 1 Exhibit Spradling Dep., # 2 Exhibit Dep. Exh. 1 - Notice of Dep., # 3 Exhibit Dep. Exh. 2 - 2010 Program, # 4 Exhibit Dep. Exh. 3 - 2011 Program, # 5 Exhibit Dep. Exh. 4 - 2012 Program, # 6 Exhibit Dep. Exh. 5 - 2013 Program, # 7 Exhibit Dep. Exh. 6 - 2014 Program, # 8 Exhibit Dep. Exh. 7 - 2015 Program, # 9 Exhibit Dep. Exh. 8 - Choir Handbook, # 10 Exhibit Dep. Exh. 9 - Calendar, # 11 Exhibit Dep. Exh. 10 - Commitment FOrm, # 12 Exhibit Dep. Exh. 11 - Calendar, # 13 Exhibit Dep. Exh. 12 - Calendar)(Rose, Gavin) (Entered: 11/18/2015)

1 Exhibit Spradling Dep.

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2 Exhibit Dep. Exh. 1 - Notice of Dep.

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3 Exhibit Dep. Exh. 2 - 2010 Program

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4 Exhibit Dep. Exh. 3 - 2011 Program

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5 Exhibit Dep. Exh. 4 - 2012 Program

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6 Exhibit Dep. Exh. 5 - 2013 Program

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7 Exhibit Dep. Exh. 6 - 2014 Program

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8 Exhibit Dep. Exh. 7 - 2015 Program

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9 Exhibit Dep. Exh. 8 - Choir Handbook

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10 Exhibit Dep. Exh. 9 - Calendar

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11 Exhibit Dep. Exh. 10 - Commitment FOrm

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12 Exhibit Dep. Exh. 11 - Calendar

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13 Exhibit Dep. Exh. 12 - Calendar

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Nov. 18, 2015

Nov. 18, 2015

PACER
36

STIPULATION by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation. (Attachments: # 1 Exhibit 1 (2014 Script), # 2 Exhibit 2 (2015 Script), # 3 Exhibit 3 (2005 Program), # 4 Exhibit 4 (2006 Program), # 5 Exhibit 5 (2007 Program), # 6 Exhibit 6 (2008 Program), # 7 Exhibit 7 (2009 Program))(Rose, Gavin) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
37

ORDER granting 4 Motion to Proceed by Anonymous Name and Motion for Protective Order. Court ENTERS protective order as proposed by Plaintiffs. Signed by Magistrate Judge Christopher A Nuechterlein on 11/30/15. (mc) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

RECAP
38

ORDER Joint Proposed Discovery due by 12/15/2015. Rule 16 Preliminary Pretrial Conference set for 1/7/2016 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Magistrate Judge Christopher A Nuechterlein on 11/30/15. (slm) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

RECAP
39

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

RECAP
40

OPINION AND ORDER: GRANTING 13 MOTION for Preliminary Injunction filed by John Doe, Jack Doe, Freedom From Religion Foundation. The Court ORDERS that Concord Community Schools is ENJOINED from organizing, rehearsing, presenting, or intentionally allowing to be presented, any portrayal of a nativity scene that is composed of live performers as part of its 2015 Christmas Spectacular shows. The Plaintiffs shall not be required to post any bond for this injunction to take effect. Signed by Judge Jon E DeGuilio on 12/2/2015. (lhc)

Dec. 2, 2015

Dec. 2, 2015

Clearinghouse
41

MOTION to Attend Hearing Telephonically by Defendant Concord Community Schools. (Overholt, Anthony) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

RECAP
42

ORDER granting 41 Motion to appear telephonically. PLAINTIFF AND DEFENDANT may attend the Rule 16 Preliminary Pretrial Conference telephonically on 01/07/2016.The court will call all counsel listed on the docket sheet unless it is notified that specified attorneys need not be contacted. If, at the time of the scheduled conference, you will not be at the telephone number identified on the docket please contact chambers. Approved by Magistrate Judge Christopher A Nuechterlein on 12/9/15. (slm) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER

Order on Motion for Miscellaneous Relief

Dec. 9, 2015

Dec. 9, 2015

PACER
43

REPORT of Rule 26(f) Planning Meeting. (Rose, Gavin) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

RECAP
44

TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 1/7/2016. before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Rose. Dft appeared by atty Overholt. Any amendments to the pleadings to be filed by 2/7/2016. Discovery deadline is 7/1/2016. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 2/26/2016. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 3/25/2016. Initial Disclosures to be exchanged by 2/7/2016. Magistrate Consent forms due by 1/28/2016. (slm) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

RECAP
45

AMENDED COMPLAINT for Declaratory and Injunctive Relief and Nominal Damages against Concord Community Schools, filed by Freedom From Religion Foundation, Jack Doe, John Doe, JOHN ROE, JOHN NOE. (Attachments: # 1 Exhibit 1 (FFRF Letter), # 2 Exhibit 2 (School Response))(Rose, Gavin) (Entered: 02/07/2016)

1 Exhibit 1 (FFRF Letter)

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2 Exhibit 2 (School Response)

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Feb. 7, 2016

Feb. 7, 2016

Clearinghouse
46

NOTICE of Appearance by Gavin M Rose on behalf of JOHN NOE, JOHN ROE (Rose, Gavin) (Entered: 02/07/2016)

Feb. 7, 2016

Feb. 7, 2016

RECAP
47

MOTION to Proceed by Anonymous Name and for Protective Order by Plaintiffs JOHN NOE, JOHN ROE. (Attachments: # 1 Exhibit 1 (Aff. of Gaylor), # 2 Exhibit 2 (Aff. of Roe), # 3 Exhibit 3 (Aff. of Noe))(Rose, Gavin) (Entered: 02/07/2016)

1 Exhibit 1 (Aff. of Gaylor)

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2 Exhibit 2 (Aff. of Roe)

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3 Exhibit 3 (Aff. of Noe)

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Feb. 7, 2016

Feb. 7, 2016

PACER
48

Defendant's ANSWER to 45 Amended Complaint, by Concord Community Schools.(Wheeler, Thomas) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
49

ORDER GRANTING 47 MOTION to Proceed by Anonymous Name and for Protective Order by Plaintiffs JOHN NOE, JOHN ROE, as outlined in Order. Signed by Magistrate Judge Christopher A Nuechterlein on 2/29/2016. (lhc) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
50

Joint MOTION Set Summary Judgment Briefing Schedule and File Over-Sized Briefs by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. (Rose, Gavin) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
51

ORDER granting 50 Joint MOTION to Set Summary Judgment Briefing Schedule and File Over-Sized Briefs . Plaintiffs' summary judgment motion & supporting memorandum due 4/29/2016 (limited to 35 pages); Defendant's summary judgment motion, supporting memorandum, and response brief to Plaintiffs' summary judgment motion due 5/27/2016 (limited to 35 pages); Plaintiff's reply brief and response brief to Defendant's summary judgment motion due 6/13/2016 (limited to 35 pages); and Defendant's reply brief due by 7/1/2016 (limited to 20 pages). This is a text-only order by Judge Jon E DeGuilio on 4/14/2016. (saj) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER

~Util - Set Deadlines AND ~Util - Terminate Motions AND Order

April 14, 2016

April 14, 2016

PACER
52

MOTION for Summary Judgment by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. (Attachments: # 1 Exhibit 1 (Video of 2015 Christmas Spectacular) (manually filed), # 2 Exhibit 2 (Supp. Aff. of John Doe), # 3 Exhibit 3 (Supp. Aff. of Jack Doe), # 4 Exhibit 4 (Supp. Aff. of John Roe), # 5 Exhibit 5 (Supp. Aff. of John Noe), # 6 Exhibit 6 (Supp. Aff. of Annie Laurie Gaylor), # 7 Exhibit 7 (Dfts.' Answers to Interrogs.), # 8 Exhibit 8 (Dfts.' Responses to RFP))(Rose, Gavin) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
53

NOTICE OF MANUAL FILING of Video of 2015 Christmas Spectacular by Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe (Rose, Gavin) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

RECAP
54

MEMORANDUM in Support of 52 MOTION for Summary Judgment filed by Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. (Rose, Gavin) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER

RECEIPT from Freedom From Religion Foundation (ACLU) of two copies of a DVD that was filed as a manual filing on 4/29/2016 53 . (kds)

May 2, 2016

May 2, 2016

PACER

Receipt

May 5, 2016

May 5, 2016

PACER
55

Cross MOTION for Summary Judgment by Defendant Concord Community Schools. (Overholt, Anthony) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
56

BRIEF in Support of 55 Cross MOTION for Summary Judgment and in Opposition of Plaintiff's Motion for summary Judgment filed by Concord Community Schools. (Overholt, Anthony) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
57

RESPONSE to Motion re 55 Cross MOTION for Summary Judgment and Reply in Support of Plaintiffs' Motion for Summary Judgment filed by Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. (Rose, Gavin) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
58

MOTION for Extension of Time to File Response/Reply in Support of Summary Judgment by Defendant Concord Community Schools. (Wheeler, Thomas) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

RECAP
59

ORDER granting 58 Motion for Extension of Time to File Reply to 55 Reply to be filed by 7/5/2016.Approved by Magistrate Judge Christopher A Nuechterlein on 6/29/16. (slm) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER

Order on Motion for Extension of Time to File Response/Reply

June 29, 2016

June 29, 2016

PACER
60

REPLY to Response to Motion re 55 Cross MOTION for Summary Judgment and in Opposition of Plaintiffs' Motion for Summary Judgment filed by Concord Community Schools. (Wheeler, Thomas) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
61

NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Christopher A Nuechterlein is now terminated. All further matters will now be handled by Judge Jon E DeGuilio unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER

Bright Line Notice

July 7, 2016

July 7, 2016

PACER
62

OPINION AND ORDER: The Court takes both parties' motions for summary judgment under advisement as to the 2014 and proposed-2015 shows. The School's supplemental brief as to mootness is due by 10/5/2016, with any response by the Plaintiffs due by 10/26/2016. The Plaintiffs' supplemental brief as to the appropriate remedy, if any, for those shows is due by 10/5/2016, with any response from the School due by 10/26/2016. Finally, the Court GRANTS the School's motion for summary judgment as to the 2015 show, finding that it did not violate the Establishment Clause. The Court denies the Plaintiffs' motion for summary judgment to the same extent. Signed by Judge Jon E DeGuilio on 9/14/16. (jld)

Sept. 14, 2016

Sept. 14, 2016

Clearinghouse
63

BRIEF Defendant's Supplemental Brief on Mootness Issues filed by Concord Community Schools. (Attachments: # 1 Affidavit of John Trout)(Wheeler, Thomas) Modified on 10/4/2016 to correct title (jld). (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
64

SUPPLEMENT to 63 Supplement Defendant's Supplemental Brief on Mootness Issues filed by Concord Community Schools. (Attachments: # 1 Exhibit A to the Affidavit of Superintendent John Trout D#63)(Wheeler, Thomas) (Entered: 10/04/2016)

1 Exhibit A to the Affidavit of Superintendent John Trout D#63

View on PACER

Oct. 4, 2016

Oct. 4, 2016

PACER
65

SUPPLEMENT Plaintiffs' Supplemental Brief Concerning Relief filed by Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. (Rose, Gavin) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
66

MEMORANDUM in Opposition to 55 Cross MOTION for Summary Judgment (Supplemental Response) filed by Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. (Attachments: # 1 Exhibit (Dec. 2015 and Jan. 2016 School Board Meeting Minutes))(Rose, Gavin) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
67

BRIEF Defendant's Supplemental Brief on Propriety of Permanent Injunctive Relief and Nominal Damages. (Wheeler, Thomas) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
68

MOTION to Withdraw as Attorney by Defendant Concord Community Schools. (Wheeler, Thomas) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

RECAP
69

ORDER granting 68 Motion to Withdraw as Attorney. Attorney Thomas E Wheeler, II terminated. This is a text-only order by Judge Jon E DeGuilio on 1/16/2017. (saj) (Entered: 01/16/2017)

Jan. 16, 2017

Jan. 16, 2017

PACER

Order on Motion to Withdraw as Attorney

Jan. 16, 2017

Jan. 16, 2017

PACER
70

OPINION AND ORDER GRANTING IN PART 52 MOTION for Summary Judgment by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. The Motion is GRANTED as to the 2014 and proposed 2015 shows. The 55 MOTION (Cross) for Summ ary Judgment by Defendant Concord Community Schools is DENIED to the same extent. Plaintiffs AWARDED nominal damages in the amounts of $7.00 to Jack Doe; $1.00 to John Doe; $1.00 to John Roe; and $1.00 to the Freedom From Religion Foundation. Plaintiffs' request for a declaratory judgment that the 2014 and proposed 2015 shows violated the Establishment Clause is GRANTED. Plaintiffs' request for a permanent injunction at this time is DENIED. Because the Court previou sly granted summary judgment in favor of Defendant as to the show that was actually performed in 2015, all claims in this action have now been resolved so the Clerk is DIRECTED to enter final judgment in accordance with these Orders. Signed by Judge Jon E DeGuilio on 3/6/17. (cer)

March 6, 2017

March 6, 2017

Clearinghouse
71

CLERK'S ENTRY OF JUDGMENT. (cer) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

RECAP
72

Consent MOTION for Extension of Time to File Petition for Attorneys' Fees and Costs by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. (Rose, Gavin) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
73

ORDER granting unopposed 72 Motion for Extension of Time to File. If no appeal is timely filed in this case, the plaintiffs are afforded a 60-day extension of time, to and including 5/22/2017 within which to seek an award of their attorneys' fees and costs. If an appeal is timely filed in this case, the plaintiffs are afforded an extension of time until 60 days after the finalization of that appeal within which to seek an award of their attorneys' fees and costs. This is a text-only order by Judge Jon E DeGuilio on 3/16/2017. (saj) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER

Order on Motion for Extension of Time to File

March 16, 2017

March 16, 2017

PACER
74

NOTICE OF APPEAL, filed by Plaintiffs Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe. Filing fee $ 505, receipt number 0755-3199572. (Rose, Gavin) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
75

Docketing Statement re: 74 Notice of Appeal filed by John Noe, John Doe, John Roe, Jack Doe, Freedom From Religion Foundation. (Rose, Gavin) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
76

Short Record Sent to US Court of Appeals re 74 Notice of Appeal. Appeal filing fees paid in the amount of $$505.00 - Receipt # 0755-3199572. (mlc) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

RECAP
77

USCA Case Number 17-1591 for 74 Notice of Appeal filed by John Noe, John Doe, John Roe, Jack Doe, Freedom From Religion Foundation. (jld) (Entered: 03/22/2017)

March 21, 2017

March 21, 2017

RECAP
78

NOTICE OF CROSSAPPEAL as to 70 Opinion and Order,,,,, Order Dismissing Case,,,,, filed by Defendant Concord Community Schools. Filing fee $ 505, receipt number 0755-3211073. (Overholt, Anthony) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

RECAP
79

Short Record Sent to US Court of Appeals re 78 Notice of Cross Appeal. Appeal filing fees paid in the amount of $505.00 - Receipt # 0755-3211073. (mlc) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

RECAP
80

DESIGNATION of Record on Appeal by Jack Doe, John Doe, Freedom From Religion Foundation, John Noe, John Roe re 74 Notice of Appeal, 78 Notice of Cross Appeal (Attachments: # 1 Exhibit (CCS with Designated Items))(Rose, Gavin) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
81

USCA Case Number 17-1683 for 78 Notice of Cross Appeal filed by Concord Community Schools. (jld) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

RECAP
82

Letter from 7th Circuit Court of Appeals requesting record on appeal (17-1683 and 17-1591). (nae) (Entered: 09/14/2017)

Sept. 12, 2017

Sept. 12, 2017

RECAP
83

Transmitted Record on Appeal to US Court of Appeals re 74 Notice of Appeal, 78 Notice of Cross Appeal (nae) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

RECAP
84

Transmitted Supplemental Record on Appeal to US Court of Appeals re 74 Notice of Appeal, 78 Notice of Cross Appeal, consisting of manual pleadings: DE 14 and DE 53. (nae) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP
85

NOTICE of Docketing Record on Appeal from USCA re 74 Notice of Appeal filed by John Noe, John Doe, John Roe, Jack Doe, Freedom From Religion Foundation, 78 Notice of Cross Appeal filed by Concord Community Schools. (nae) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP

Case Details