Case: Doe v. Boyertown Area School District

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Third Circuit

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

Jury Demand

Summons Issued

COMPLAINT against BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY ( Filing fee $ 400 receipt number 156706.), filed by JOEL DOE. (Attachments: # 1 Civil Cover Sheet)(gs) (Entered: 03/21/2017)

1 Civil Cover Sheet

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PLAINTIFF'S MOTION TO PROCEED PSEUDONYMOUSLY FILED BY JOEL DOE.CERTIFICATE OF SERVICE.(gs) (Entered: 03/21/2017)

Plaintiff's Brief in Support of Motion to Proceed Pseudonymously filed by JOEL DOE. Certificate of Service. (gs) (Entered: 03/21/2017)

DEMAND for Trial by Jury by JOEL DOE. (gs)

Declaration of Jeremy Samek filed by JOEL DOE. (gs) (Entered: 03/21/2017)

Summons Issued as to BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY. 4 Forwarded To: Counsel on 3/21/17. (gs)

MOTION for Pro Hac Vice Admission for Gary S. McCaleb, Esq. ( Filing fee $ 40 receipt number 0313-11956359.) filed by JOEL DOE.Certificate of Service.(WENGER, RANDALL) (Entered: 03/27/2017)

ORDER THAT THE APPLICATION FOR ADMISSION PRO HAC VICE OF GARY S. MCCALEB, ESQUIRE TO PRACTICE IN THIS COURT ON BEHALF OF PLAINTIFF JOEL DOE IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/29/17.3/30/17 ENTERED AND COPIES MAILED WITH ECF APPLICATION, MAILED TO UNREPS AND E-MAILED.(ky, ) (Entered: 03/30/2017)

MOTION to Intervene filed by AIDAN DESTEFANO, PENNSYLVANIA YOUTH CONGRESS FOUNDATION.Certificate of service. (Attachments: # 1 Text of Proposed Order, # 2 Brief in Support, # 3 Exhibit Declaration of Aidan DeStefano, # 4 Exhibit Declaration of Jason Goodman, # 5 Exhibit Proposed pleading)(ROPER, MARY) (Entered: 04/03/2017)

AMENDED COMPLAINT against BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY, filed by JOEL DOE, MACY ROE, MARY SMITH, JACK JONES. CERTIFICATE OF SERVICE.(sg, ) (Entered: 04/18/2017)

Amended MOTION to Proceed Pseudonymously re 8 Amended Complaint filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Declaration)(WENGER, RANDALL) (Entered: 04/18/2017)

1 Brief

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2 Text of Proposed Order

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3 Declaration

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NOTICE of Appearance by JEREMY L. SAMEK on behalf of JOEL DOE, JACK JONES, MACY ROE, MARY SMITH with Certificate of Service(SAMEK, JEREMY) (Entered: 04/19/2017)

MOTION for Pro Hac Vice Christiana Holcomb ( Filing fee $ 40 receipt number 0313-12058592.) filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH.Certificate of service.(WENGER, RANDALL) (Entered: 05/10/2017)

MOTION for Pro Hac Vice Kellie Fiedorek ( Filing fee $ 40 receipt number 0313-12058661.) filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH.Certificate of Service.(WENGER, RANDALL) (Entered: 05/10/2017)

ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF CHRISTIANA HOLCOMB, ESQUIRE TO PRACTICE IN THIS COURT FOR PLAINTIFFS IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/11/17. 5/11/17 ENTERED AND COPIES MAILED TO UNREP, MAILED WITH ECF APPLICATION, AND E-MAILED. (ky, ) Modified on 5/11/2017 (lisad, ). (Entered: 05/11/2017)

ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF KELLIE M. FIEDOREK, ESQUIRE TO PRACTICE IN THIS COURT FOR PLAINTIFFS IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/11/17. 5/11/17 ENTERED AND COPIES MAILED TO UNREP, MAILED WITH ECF APPLICATION, AND E-MAILED. (ky, ) Modified on 5/11/2017 (lisad, ). (Entered: 05/11/2017)

WAIVER OF SERVICE Returned Executed by JACK JONES, JOEL DOE, MARY SMITH, MACY ROE. BOYERTOWN AREA SCHOOL DISTRICT waiver sent on 4/17/2017, answer due 6/16/2017; DR. BRETT COOPER waiver sent on 4/17/2017, answer due 6/16/2017; DR. E. WAYNE FOLEY waiver sent on 4/17/2017, answer due 6/16/2017; DR. RICHARD FAIDLEY waiver sent on 4/17/2017, answer due 6/16/2017. (WENGER, RANDALL) (Entered: 05/17/2017)

MOTION for Preliminary Injunction filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Text of Proposed Order)(WENGER, RANDALL) (Entered: 05/17/2017)

1 Memorandum

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2 Declaration

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3 Text of Proposed Order

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NOTICE of Appearance by DAVID WILLIAM BROWN on behalf of BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY with Certificate of Service(BROWN, DAVID) (Entered: 05/17/2017)

NOTICE of Appearance by MICHAEL I. LEVIN on behalf of BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY with Certificate of Service(LEVIN, MICHAEL) (Entered: 05/17/2017)

ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE TO DISCUSS SCHEDULING MATTERS ON FRIDAY, MAY 19, 2017, AT 3:30 P.M. COUNSEL FOR THE PLAINTIFFS SHALL INITIATE THE CALL BY CONTACTING THE UNDERSIGNEDS CIVIL DEPUTY AT (610) 333-1833 ONCE ALL COUNSEL OF RECORD ARE PRESENT ON THE CALL. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/18/17. 5/18/17 ENTERED AND COPIES MAILED TO ATTORNEY'S, E-MAILED.(mas, ) (Entered: 05/18/2017)

NOTICE of Appearance by HARPER SAMUEL SELDIN on behalf of AIDAN DESTEFANO, PENNSYLVANIA YOUTH CONGRESS FOUNDATION with Certificate of Service(SELDIN, HARPER) (Entered: 05/18/2017)

MOTION for Pro Hac Vice Admission of Leslie Cooper ( Filing fee $ 40 receipt number 0313-12075705.) filed by AIDAN DESTEFANO, PENNSYLVANIA YOUTH CONGRESS FOUNDATION.Certificate of service.(ROPER, MARY) (Entered: 05/18/2017)

NOTICE of Appearance by JACOB FRANCIS KRATT on behalf of JOEL DOE, JACK JONES, MACY ROE, MARY SMITH with Certificate of Service(KRATT, JACOB) (Entered: 05/18/2017)

APPLICATION for Admission Pro Hac Vice of Cathy R. Gordon by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH. ( Filing fee $ 40 receipt number 0313-12077693.). (KRATT, JACOB) (Entered: 05/19/2017)

ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF LESLIE COOPER, ESQUIRE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/19/17. 5/19/17 ENTERED AND COPIES MAILED, E-MAILED AND MAILED WITH ECF APPLICATION.(ky, ) (Entered: 05/19/2017)

ORDER THAT THE APPLICATION FOR ADMISSION PRO HAC VICE OF CATHY R. GORDON, ESQUIRE, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/19/17. 5/19/17 ENTERED AND COPIES MAILED AND E-MAILED. Modified on 5/19/2017 (ky, ). (Entered: 05/19/2017)

NOTICE of Appearance by CATHY R. GORDON on behalf of JOEL DOE, JACK JONES, MACY ROE, MARY SMITH with Certificate of Service(GORDON, CATHY) (Entered: 05/19/2017)

NOTICE of Appearance by AMANDA LYNN NELSON on behalf of AIDAN DESTEFANO, PENNSYLVANIA YOUTH CONGRESS FOUNDATION with Certificate of Service(NELSON, AMANDA) (Entered: 05/19/2017)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A Telephone Status Conference was held on 5/19/17. COURT REPORTER: ESR. (ky, ) (Entered: 05/23/2017)

Set/Reset Deadlines as to 16 MOTION for Preliminary Injunction . RESPONSES DUE BY 6/9/2017. (ky, )

Set/Reset Hearings

Set/Reset Hearings: EVIDENTIARY HEARING SET FOR 7/17/2017 09:30 AM IN COURTROOM BEFORE HONORABLE EDWARD G. SMITH. (ky, )

Set Motion and R&R Deadlines/Hearings

Set/Reset Deadlines as to 16 MOTION for Preliminary Injunction . MOTION HEARING SET FOR 8/11/2017 02:00 PM IN COURTROOM BEFORE HONORABLE EDWARD G. SMITH. (ky, )

Set Deadlines/Hearings

ORDER THAT THE MOTION TO INTERVENE (NO. 7) IS GRANTED IN PART; THE PENNSYLVANIA YOUTH CONGRESS FOUNDATION SHALL HAVE UNTIL NO LATER THAN 5/26/17 TO FILE A RESPONSE TO THE AMENDED COMPLAINT. THE AMENDED MOTION TO PROCEED PSEUDONYMOUSLY (DOC. NO. 9) IS GRANTED. THE ORIGINAL MOTION TO PROCEED PSEUDONYMOUSLY (DOC. NO. 2) IS DENIED AS MOOT; THE DEFENDANTS AND THE PENNSYLVANIA YOUTH CONGRESS FOUNDATION SHALL HAVE UNTIL 6/9/17 TO FILE RESPONSES TO THE MOTION FOR A PRELIMINARY INJUNCTION. THE PARTIES SHALL HAVE UNTIL 7/7/17 TO COMPLETE ALL DISCOVERY RELATED TO THE MOTION FOR A PRELIMINARY INJUNCTIION. THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE WITH COUNSEL FOR THE PARTIES ON 7/12/17 AT 3:30 P.M. THE COURT WILL HOLD AN EVIDENTIARY HEARING ON THE MOTION FOR A PRELIMINARY INJUNCTION ON 7/17/17 AT 9:30 A.M. THE COURT WILL HEAR ORAL ARGUMENT ON THE MOTION FOR A PRELIMINARY INJUNCTION ON 8/11/17 AT 2:00 P.M. IN EASTON, PA. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/24/17. 5/24/17 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 05/24/2017)

DISCOVERY DUE BY 7/7/2017. STATUS CONFERENCE SET FOR 7/12/2017 03:30 PM IN JUDGE CHAMBERS BEFORE HONORABLE EDWARD G. SMITH. (ky, )

ANSWER to 8 Amended Complaint by PENNSYLVANIA YOUTH CONGRESS FOUNDATION.(SELDIN, HARPER) (Entered: 05/26/2017)

Supplemental Memorandum of Law in Support re 7 MOTION to Intervene filed by PENNSYLVANIA YOUTH CONGRESS FOUNDATION. Declaration, Certificate of Service. (SELDIN, HARPER) Modified on 5/30/2017 (lisad, ). (Entered: 05/26/2017)

BRIEF in Opposition re 7 MOTION to Intervene of Aidan DeStefano as Defendant filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH. Certificate of Service. (WENGER, RANDALL) Modified on 6/5/2017 (lisad, ). (Entered: 06/02/2017)

RESPONSE in Opposition re 16 MOTION for Preliminary Injunction filed by PENNSYLVANIA YOUTH CONGRESS FOUNDATION. (SELDIN, HARPER) (Entered: 06/09/2017)

MEMORANDUM in Opposition re 16 MOTION for Preliminary Injunction filed by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(BROWN, DAVID) Modified on 6/12/2017 (lisad, ). (Entered: 06/09/2017)

MOTION for Pro Hac Vice Admission of Ria Tobacco Mar ( Filing fee $ 40 receipt number 0313-12132827.) filed by AIDAN DESTEFANO, PENNSYLVANIA YOUTH CONGRESS FOUNDATION.Certificate of service.(ROPER, MARY) (Entered: 06/15/2017)

REPLY Brief in Support re 16 MOTION for Preliminary Injunction filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH. Certificate of Service. (Attachments: # 1 Exhibit Exhibit 1)(WENGER, RANDALL) Modified on 6/19/2017 (lisad, ). (Entered: 06/16/2017)

1 Exhibit Exhibit 1

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ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF RIA TABACCO MAR, ESQUIRE IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/16/17.6/16/17 ENTERED AND COPIES MAILED WITH ECF APPLICATION AND E-MAILED.(ky, ) (Entered: 06/16/2017)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY.Certificate of Service. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(BROWN, DAVID) (Entered: 06/16/2017)

1 Exhibit 1

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2 Exhibit 2

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Memorandum in Support re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY. (BROWN, DAVID) (Entered: 06/16/2017)

STIPULATED PROTECTIVE ORDER DESIGNATING CONFIDENTIAL INFORMATION AND PROTECTION FROM PUBLIC DISCLOSURE. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/22/17. 6/22/17 ENTERED AND COPIES MAILED AND E-MAILED.(ky, ) (Entered: 06/22/2017)

Memorandum in Opposition re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH. (WENGER, RANDALL) (Entered: 06/30/2017)

ORDER THAT THE MOTION TO INTERVENE (DOC. NO. 7) IS DENIED. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/6/17. 7/6/17 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 07/06/2017)

REPLY Brief in Support re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY. (BROWN, DAVID) Modified on 7/10/2017 (fb). (Entered: 07/07/2017)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A Telephone Conference was held on 7/12/17. (ky, ) (Entered: 07/12/2017)

Plaintiffs' Memorandum of Law In Support of Request to Present Testimony of Plaintiffs Joel Doe and Mary Smith in Camera filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH.Memorandum, Certificate of Service.(GORDON, CATHY) Modified on 8/30/2017 (nd, ). (Entered: 07/13/2017)

Proposed Findings of Fact and Conclusions of Law by PENNSYLVANIA YOUTH CONGRESS FOUNDATION. Certificate of Service (SELDIN, HARPER) (Entered: 07/14/2017)

Proposed Findings of Fact and Conclusions of Law by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH. Certificate of Service (WENGER, RANDALL) (Entered: 07/14/2017)

Proposed Findings of Fact and Conclusions of Law by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY. Certificate of Service (BROWN, DAVID) (Entered: 07/14/2017)

RESPONSE to Motion re 45 MOTION Plaintiffs' Memorandum of Law In Support of Request to Present Testimony of Plaintiffs Joel Doe and Mary Smith in Camera filed by PENNSYLVANIA YOUTH CONGRESS FOUNDATION. (ROPER, MARY) (Entered: 07/15/2017)

ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE ON 7/25/2017 AT 10:00 A.M. BEFORE THE HONORABLE EDWARD G. SMITH. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/18/17. 7/18/17 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 07/18/2017)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A Preliminary Injunction Hearing was held on 7/17/17. COURT REPORTER: ESR.(ky, ) (Entered: 07/18/2017)

ORDER THAT THE PARTIES SHALL BE PRESENT TO CONTINUE THE EVIDENTIARY HEARING ON THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION ON MONDAY, 7/31/2017, AT 09:30 A.M. BEFORE THE HONORABLE EDWARD G. SMITH. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/21/17. 7/21/17 ENTERED AND COPIES E-MAILED. (ky, ) (Entered: 07/21/2017)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A Telephone Conference was held on 7/25/17. (ky, ) (Entered: 07/25/2017)

ORDER THAT THE COURT WILL CONTINUE THE EVIDENTIARY HEARING ON THE PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION ON 7/31/2017 AT 9:30 A.M.; AND THE COURT WILL HEAR ORAL ARGUMENT ON THE MOTION FOR A PRELIMINARY INJUNCTION ON 8/11/17 AT 2:00 P.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/25/17. 7/25/17 ENTERED AND COPIES E-MAILED. (ky, ) (Entered: 07/25/2017)

ORDER THAT THE EVIDENTIARY HEARING SCHEDULED FOR 8/7/17 AT 9:30 A.M. IS CANCELLED. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/1/17. 8/1/17 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 08/01/2017)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Preliminary Injunction Hearing held on 7/31/17: Witnesses sworn and testified. Counsel presents argument. Exhibits admitted. Court take matter under advisement. Court Reporter: esr. (er, ) (Entered: 08/07/2017)

Supplemental Proposed Findings of Fact and Conclusions of Law by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH. Certificate of Service (WENGER, RANDALL) Modified on 8/11/2017 (lisad, ). (Entered: 08/10/2017)

Proposed Findings of Fact and Conclusions of Law by PENNSYLVANIA YOUTH CONGRESS FOUNDATION. Certificate of Service (SELDIN, HARPER) (Entered: 08/10/2017)

Second Set of Proposed Findings of Fact and Conclusions of Law by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY. Certificate of Service (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4)(BROWN, DAVID) Modified on 8/11/2017 (lisad, ). (Entered: 08/10/2017)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A PRELIMINARY INJUNCTION HEARING was held on 8/11/17. COURT REPORTER: ESR. (ky, ) (Entered: 08/14/2017)

TRANSCRIPT of Proceedings held on 7/17/2017 before Judge EDWARD G. SMITH. Court Reporter: WEBER REPORTING CORP... (sg, ) (Entered: 08/16/2017)

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TRANSCRIPT of EVIDENTIARY HEARING held on 7/31/2017 before Judge EDWARD G. SMITH. Court Reporter: WEBER REPORTING CORP... (sg, ) (Entered: 08/16/2017)

MOTION to Strike 59 Proposed Findings of Fact, Exhibit 1 to Defendants' Second Set of Proposed Findings of Fact and Conclusions of Law Regarding Plaintiffs' Motion for Preliminary Injunction filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(GORDON, CATHY) (Entered: 08/16/2017)

1 Text of Proposed Order

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RESPONSE in Opposition re 63 MOTION to Strike 59 Proposed Findings of Fact, Exhibit 1 to Defendants' Second Set of Proposed Findings of Fact and Conclusions of Law Regarding Plaintiffs' Motion for Preliminary Injunction filed by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY. (Attachments: # 1 Exhibit)(BROWN, DAVID) (Entered: 08/16/2017)

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Supplement to Proposed Findings of Fact and Conclusions of Law by PENNSYLVANIA YOUTH CONGRESS FOUNDATION. (ROPER, MARY) Modified on 8/18/2017 (fb). (Entered: 08/17/2017)

Response re 65 Supplement to Proposed Findings of Fact of Intervenor-Defendant Pennsylvania Youth Congress Foundation by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH. (WENGER, RANDALL) Modified on 8/18/2017 (fb). (Entered: 08/17/2017)

Joint MOTION to Substitute Party filed by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DR. RICHARD FAIDLEY.Certificate of Service.(BROWN, DAVID) (Entered: 08/24/2017)

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/25/17. 8/25/17 ENTERED AND COPIES E-MAILED.(td, ) (Entered: 08/25/2017)

ORDER THAT THE MOTION FOR PRELIMINARY INJUNCTION FILED BY PLAINTIFFS (DOC. NO. 16) IS DENIED. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/25/17. 8/25/17 ENTERED AND COPIES E-MAILED.(td, ) (Entered: 08/25/2017)

ORDER THAT THE JOINT MOTION TO SUBSTITUTE A PARTY IS GRANTED. ACCORDINGLY, RICHARD FAIDLEY IS DISMISSED AS A DEFENDANT FROM THIS LITIGATION AND DAVID KREM IS SUBSTITUTED AS A DEFENDANT IN HIS OFFICIAL CAPACITY ONLY. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/12/17. 9/12/17 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 09/12/2017)

NOTICE OF APPEAL as to 69 Order (Memorandum and/or Opinion) by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH. Filing fee $ 505, receipt number 0313-12346903. Copies to Judge, Clerk USCA, Appeals Clerk. Certificate of Service. (WENGER, RANDALL) Modified on 9/26/2017 (lisad, ). (Entered: 09/25/2017)

NOTICE of Docketing Record on Appeal from USCA re 71 Notice of Appeal (Credit Card Payment), filed by JOEL DOE, MACY ROE, MARY SMITH, JACK JONES. USCA Case Number 17-3113 (dmc, ) (Entered: 09/29/2017)

ORDER THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE ON 10/13/17 AT 1:30 P.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/10/17. 10/10/17 ENTERED AND COPIES E-MAILED. (ky, ) (Entered: 10/10/2017)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A Telephone Conference was held on 10/13/17. (ky, ) (Entered: 10/13/2017)

Transcript of Proceedings held on 8/11/2017, before Judge SMITH. Court Reporter/Transcriber WEBER REPORTING CORP.. (kp, ) (Entered: 10/26/2017)

Joint MOTION Dismissal of Claims Against Individual Defendants filed by BOYERTOWN AREA SCHOOL DISTRICT, DR. BRETT COOPER, DR. E. WAYNE FOLEY, DAVID KREM.Certificate of Service.(BROWN, DAVID) (Entered: 11/03/2017)

ORDER THAT THE JOINT MOTION TO DISMISS DEFENDANTS DAVID KREM, BRETT COOPER, AND E. WAYNE FOLEY IS GRANTED AND THEY ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE EDWARD G. SMITH ON 11/7/17. 11/7/17 ENTERED AND COPIES E-MAILED. (ky, ) (Entered: 11/07/2017)

ORDER THAT THE CLERK OF COURT SHALL PLACE THIS MATTER INTO CIVIL SUSPENSE UNTIL FURTHER ORDER OF THE COURT. THE MOTION TO DISMISS (DOC. NO. 38) IS DENIED, AND ALL DEADLINES ARE STAYED. SIGNED BY HONORABLE EDWARD G. SMITH ON 11/7/17. 11/7/17 ENTERED AND COPIES E-MAILED. (ky, ) (Entered: 11/07/2017)

ORDER of USCA THAT THEREFORE AFFIRM THE DISTRICT COURT'S DENIAL OF A PRELIMINARY INJUNCTION SUBSTANTIALLY FOR THE REASONS THAT THE COURT EXPLAINED IN ITS EXCEPTIONALLY WELL REASONED OPINION OF AUGUST 25, 2017. (jaa, ) (Entered: 05/25/2018)

ORDER THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE ON 8/28/2018 AT 11:00 A.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/24/18. 8/24/18 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 08/24/2018)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A Telephone Conference was held on 8/28/18. (ky, ) (Entered: 08/28/2018)

ORDER OF 5/29/2019 THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE TO DISCUSS THE SCHEDULE FOR THIS MATTER ON MONDAY, JUNE 3, 2019 AT 11:00 A.M. COUNSEL FOR THE PLAINTIFFS SHALL INITIATE THE CALL. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/29/2019. 5/29/2019 ENTERED AND COPIES E-MAILED. (DT) (Entered: 05/29/2019)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. A Telephone Conference was held on 6/3/19. (DT) (Entered: 06/03/2019)

ORDER OF 6/3/2019 THAT THE PLAINTIFFS SHALL HAVE UNTIL NO LATER THAN JUNE 17, 2019, TO FILE A MOTION TO CONTINUE THE STAY AND SUPPORTING MEMORANDUM OF LAW AND THE DEFENDANTS AND INTERVENOR SHALL HAVE UNTIL NO LATER THAN JULY 1, 2019 TO FILE RESPONSES IN OPPOSITIONS TO MOTION TO CONTINUE THE STAY. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/3/19. 6/3/19 ENTERED AND COPIES E-MAILED.(dt) (Entered: 06/03/2019)

MOTION to Stay filed by JOEL DOE, JACK JONES, MACY ROE, MARY SMITH.Brief, Certificate of Service. (Attachments: # 1 Brief in Support of Motion to Stay Proceedings, # 2 Text of Proposed Order)(WENGER, RANDALL) (Entered: 06/17/2019)

1 Brief in Support of Motion to Stay Proceedings

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2 Text of Proposed Order

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RESPONSE in Opposition re 85 MOTION to Stay filed by BOYERTOWN AREA SCHOOL DISTRICT. (BROWN, DAVID) (Entered: 06/28/2019)

BRIEF in Opposition re 85 MOTION to Stay filed by PENNSYLVANIA YOUTH CONGRESS FOUNDATION. Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MAR, RIA) Modified on 7/2/2019 (lisad, ). (Entered: 07/01/2019)