Case: Smith v. Board of Education of Frederick County

Redacted COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-6827836.), filed by Mary Smith, MINOR, Jane Doe. (Attachments: # 1 Exhibit A - Declaration of Mary Smith - Minor - FILED UNDER SEAL, # 2 Exhibit B - Declaration of Jane Doe - FILED UNDER SEAL, # 3 Exhibit C - Policies 437 & 443 & Regs, # 4 Exhibit D - Liz Barrett - Gender Pronoun Discipline of Students, # 5 Exhibit E - Liz Barrett - No Parental Input Desired, # 6 Civil Cover Sheet)(Cox, Daniel) Modified on 8/14/2017 (kos, Deputy Clerk). (Entered: 08/11/2017)

1 Exhibit A - Declaration of Mary Smith - Minor - FILED UNDER SEAL

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2 Exhibit B - Declaration of Jane Doe - FILED UNDER SEAL

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3 Exhibit C - Policies 437 & 443 & Regs

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4 Exhibit D - Liz Barrett - Gender Pronoun Discipline of Students

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5 Exhibit E - Liz Barrett - No Parental Input Desired

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6 Civil Cover Sheet

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QC NOTICE: 1 Complaint,, filed by Mary Smith., Jane Doe 3 Request for Waiver of Service filed by M.S., Jane Doe, was filed incorrectly. ** Counsel must file unredacted copies of the complaint, civil cover sheet, and Request for Waiver. (ko, Deputy Clerk) Modified on 8/14/2017 (kos, Deputy Clerk). (Entered: 08/14/2017)

Sealed Document (Attachments: # 1 Affidavit)(Cox, Daniel) (Entered: 08/12/2017)

Redacted REQUEST FOR WAIVER of Service sent to All Defendants on 8/12/2017 by Jane Doe, M.S., MINOR. Waiver of Service due by 10/11/2017.(Cox, Daniel) Modified on 8/14/2017 (kos, Deputy Clerk). Modified on 8/14/2017 (kos, Deputy Clerk). (Entered: 08/14/2017)

NOTICE by Jane Doe, Mary Smith re 1 Complaint,, (Attachments: # 1 Summons of Brad Young, # 2 Summons of Liz Barrett, # 3 Summons of Michael Bunitsky, # 4 Summons of Colleen Cusimano, # 5 Summons of Ken Kerr, # 6 Summons of April Miller, # 7 Summons of Theresa Alban, # 8 Summons of FCPS)(Cox, Daniel) (Entered: 08/22/2017)

Summons Issued 21 days as to Theresa R. Alban, Liz Barrett, Board of Education Of Frederick County, Maryland, Michael Bunitsky, Colleen Cusimano, FCPS (Frederick County Public Schools), Ken Kerr, April Miller, Brad W. Young.(bmhs, Deputy Clerk) (Entered: 08/23/2017)

MOTION for Extension of Time to File Answer re 1 Complaint,, by Theresa R. Alban, Liz Barrett, Board of Education Of Frederick County, Maryland, Michael Bunitsky, Colleen Cusimano, FCPS (Frederick County Public Schools), Ken Kerr, April Miller, Joy Schaefer, Brad W. Young (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(English, Donald) (Entered: 09/08/2017)

ORDER granting 7 Defendants' Motion for Extension of Time to Respond to Plaintiffs' Complaint. Signed by Judge Ellen L. Hollander on 9/8/2017. (bmhs, Deputy Clerk) (Entered: 09/11/2017)

NOTICE of Appearance by John R Garza on behalf of All Plaintiffs (Garza, John) (Entered: 09/19/2017)

RESPONSE to Motion re 7 MOTION for Extension of Time to File Answer re 1 Complaint,, and Motion for Costs Under Rule 4 filed by Jane Doe, Mary Smith. (Attachments: # 1 Text of Proposed Order)(Cox, Daniel) (Entered: 09/20/2017)

Correspondence Correcting Earlier Submission: 8 Order on Motion for Extension of Time to Answer, 7 Motion for Extension of Time to File Answer, 10 Response to Motion and Motion for Costs Under Rule 4 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Cox, Daniel) (Entered: 09/20/2017)

NOTICE of Appearance by Keith David Hudolin on behalf of All Defendants (Hudolin, Keith) (Entered: 09/21/2017)

RESPONSE to Motion re 7 MOTION for Extension of Time to File Answer re 1 Complaint,, Opposing Plaintiffs' Motion for Costs Under Rule 4(d) Waiver Mandate filed by Theresa R. Alban, Liz Barrett, Board of Education Of Frederick County, Maryland, Michael Bunitsky, Colleen Cusimano, FCPS (Frederick County Public Schools), Ken Kerr, April Miller, Joy Schaefer, Brad W. Young.(English, Donald) (Entered: 09/22/2017)

ORDER denying Plaintiffs' 11 motion for costs without prejudice to the right of plaintiffs to seek costs at a later date. Signed by Judge Ellen L. Hollander on 10/10/2017. (dass, Deputy Clerk) (Entered: 10/10/2017)

MOTION to Dismiss for Failure to State a Claim by Theresa R. Alban, Liz Barrett, Board of Education Of Frederick County, Maryland, Michael Bunitsky, Colleen Cusimano, FCPS (Frederick County Public Schools), Ken Kerr, April Miller, Joy Schaefer, Brad W. Young (Attachments: # 1 Memorandum In Support, # 2 Index Of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(English, Donald) (Entered: 10/20/2017)

1 Memorandum In Support

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2 Index Of Exhibits

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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(FILED IN ERROR - Counsel will refile) MOTION to Intervene as Defendant by KENNETH J. NICHOLS, BRIAN J WHITTAKER, JOHN C. HAYES, DAVID ROCAH, NICHOLAS STEINER, LESLIE COOPER, GABRIEL ARKLES, JENNIFER KENT (Attachments: # 1 Exhibit Memorandum in Support of Motion to Intervene as Defendant, # 2 Exhibit A-B, # 3 Text of Proposed Order)(Whittaker, Brian) Modified on 10/20/2017 (bmhs, Deputy Clerk). (Entered: 10/20/2017)

MOTION to Intervene as Defendant by J. V. K. (Attachments: # 1 Memorandum in Support of Motion to Intervene as Defendant, # 2 Exhibit A-B, # 3 Text of Proposed Order)(Whittaker, Brian) (Entered: 10/20/2017)

NOTICE of Appearance by David Robert Rocah on behalf of J. V. K. (Rocah, David) (Entered: 10/20/2017)

MOTION to Appear Pro Hac Vice for Gabriel Arkles (Filing fee $100, receipt number 0416-6955463.) by J. V. K.(Rocah, David) (Entered: 10/20/2017)

NOTICE of Appearance by Nicholas Taichi Steiner on behalf of J. V. K. (Steiner, Nicholas) (Entered: 10/20/2017)

MOTION to Appear Pro Hac Vice for Leslie Cooper (Filing fee $100, receipt number 0416-6955569.) by J. V. K.(Rocah, David) (Entered: 10/20/2017)

NOTICE of Appearance by Jennifer Lauren Kent on behalf of J. V. K. (Kent, Jennifer) (Entered: 10/23/2017)

PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Gabriel Arkles. Directing attorney Gabriel Arkles to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/23/2017. (srd, Deputy Clerk) (Entered: 10/23/2017)

PAPERLESS ORDER granting 21 Motion to Appear Pro Hac Vice on behalf of Leslie Cooper. Directing attorney Leslie Cooper to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 10/23/2017. (srd, Deputy Clerk) (Entered: 10/23/2017)

MOTION to Intervene by Frederick County Teachers Association, Maryland State Education Association, National Education Association (Attachments: # 1 Memo in Support of Mot. to Intervene, # 2 Exhibit Exs. A-B (Declarations), # 3 Exhibit Ex. C Proposed Mot. to Dismiss, Memo in Support, and Proposed Order Granting Mot. to Dismiss, # 4 Text of Proposed Order Granting Mot. to Intervene)(Anderson, Kristy) (Entered: 11/01/2017)

NOTICE of Appearance by Kristy K Anderson on behalf of Frederick County Teachers Association, Maryland State Education Association, National Education Association (Anderson, Kristy) (Entered: 11/01/2017)

MOTION to Appear Pro Hac Vice for Alice O'Brien (Filing fee $100, receipt number 0416-6977188.) by Frederick County Teachers Association, Maryland State Education Association, National Education Association(Anderson, Kristy) (Entered: 11/01/2017)

MOTION to Appear Pro Hac Vice for Eric A. Harrington (Filing fee $100, receipt number 0416-6977189.) by Frederick County Teachers Association, Maryland State Education Association, National Education Association(Anderson, Kristy) (Entered: 11/01/2017)

MOTION to Appear Pro Hac Vice for Amanda L. Shapiro (Filing fee $100, receipt number 0416-6977190.) by Frederick County Teachers Association, Maryland State Education Association, National Education Association(Anderson, Kristy) (Entered: 11/01/2017)

QC NOTICE: 27 Motion to Appear Pro Hac Vice filed by Maryland State Education Association, Frederick County Teachers Association, National Education Association needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 11/02/2017)

QC NOTICE: 28 Motion to Appear Pro Hac Vice filed by Maryland State Education Association, Frederick County Teachers Association, National Education Association needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 11/02/2017)

QC NOTICE: 29 Motion to Appear Pro Hac Vice filed by Maryland State Education Association, Frederick County Teachers Association, National Education Association needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 11/02/2017)

CORRECTED MOTION to Appear Pro Hac Vice for Alice O'Brien by Frederick County Teachers Association, Maryland State Education Association, National Education Association. The fee has already been paid.(Anderson, Kristy) (Entered: 11/02/2017)

CORRECTED MOTION to Appear Pro Hac Vice for Eric A. Harrington by Frederick County Teachers Association, Maryland State Education Association, National Education Association. The fee has already been paid.(Anderson, Kristy) (Entered: 11/02/2017)

CORRECTED MOTION to Appear Pro Hac Vice for Amanda L. Shapiro by Frederick County Teachers Association, Maryland State Education Association, National Education Association. The fee has already been paid.(Anderson, Kristy) (Entered: 11/02/2017)

MOTION for Voluntary Dismissal Without Prejudice by Jane Doe, Mary Smith (Attachments: # 1 Text of Proposed Order)(Cox, Daniel) (Entered: 11/02/2017)

Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Intervene as Defendant, 15 MOTION to Dismiss for Failure to State a Claim by Jane Doe, Mary Smith(Cox, Daniel) (Entered: 11/03/2017)

ORDER granting 37 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 11/3/2017. (bmhs, Deputy Clerk) (Entered: 11/03/2017)

NOTICE of Voluntary Dismissal by Jane Doe, Mary Smith (Cox, Daniel) (Entered: 11/06/2017)

PAPERLESS ORDER granting 33 Corrected Motion to Appear Pro Hac Vice on behalf of Alice Margaret O Brien. Attorney Alice Margaret O Brien will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 11/6/2017. (srd, Deputy Clerk) (Entered: 11/06/2017)

PAPERLESS ORDER granting 34 Corrected Motion to Appear Pro Hac Vice on behalf of Eric A Harrington. Directing attorney Eric A Harrington to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/6/2017. (srd, Deputy Clerk) (Entered: 11/06/2017)

PAPERLESS ORDER granting 35 Corrected Motion to Appear Pro Hac Vice on behalf of Amanda Shapiro. Directing attorney Amanda Shapiro to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/6/2017. (srd, Deputy Clerk) (Entered: 11/06/2017)

MARGINAL ORDER approving 39 Amended Motion and Notice of Voluntary Dismissal Without Prejudice filed by Jane Doe and Mary Smith. Signed by Judge Ellen L. Hollander on 11/6/2017. (bmhs, Deputy Clerk) (Entered: 11/06/2017)

Status Conference

Telephone Status Conference held on 11/6/2017 before Judge Ellen L. Hollander. (bmhs, Deputy Clerk)