Case: Kluge v. Brownsburg Community School Corporation

Kluge v. Brownsburg Community School

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT against All Defendants, filed by JOHN M. KLUGE. (Filing fee $400, receipt number 0756-5486757) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Cork, Michael) (Entered: 06/18/2019)

1 Civil Cover Sheet

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2 Proposed Summons

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NOTICE of Appearance by Michael J. Cork on behalf of Plaintiff JOHN M. KLUGE. (Cork, Michael) (Entered: 06/18/2019)

NOTICE of Appearance by Kevin Edward Green on behalf of Plaintiff JOHN M. KLUGE. (Green, Kevin) (Entered: 06/19/2019)

NOTICE of Appearance by Roscoe Stovall, Jr on behalf of Plaintiff JOHN M. KLUGE. (Stovall, Roscoe) (Entered: 06/19/2019)

Summons Issued as to BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (REO) (Entered: 06/19/2019)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 06/19/2019)

PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH) (Entered: 06/20/2019)

***FILING ERROR, WRONG DOCUMENT ATTACHED, REFILED AT 13 *** NOTICE of Appearance by Brent R. Borg on behalf of Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) Modified on 7/1/2019 (JDH). (Entered: 06/28/2019)

NOTICE of Appearance by Alexander Phillip Pinegar on behalf of Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Pinegar, Alexander) (Entered: 06/28/2019)

***PLEASE DISREGARD, REFILED AT 12 *** NOTICE of Parties' First Extension of Time, filed by Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) Modified on 6/28/2019 (JDH). (Entered: 06/28/2019)

Corporate Disclosure Statement by BROWNSBURG COMMUNITY SCHOOL CORPORATION. (Borg, Brent) (Entered: 06/28/2019)

NOTICE of Parties' First Extension of Time, filed by Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) (Entered: 06/28/2019)

NOTICE of Appearance by Brent R. Borg on behalf of Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) (Entered: 07/01/2019)

AFFIDAVIT of Service for Summons and Complaint served on Defendants on June 24, 2019, filed by JOHN M. KLUGE. (Cork, Michael) (Entered: 07/02/2019)

AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants, filed by JOHN M. KLUGE. (Attachments: # 1 Exhibit Exhibit A-Accommodation Agreement, # 2 Exhibit Exhibit B-Conditional Resignation, Acceptance of Terms, # 3 Exhibit Exhibit C-Rescission of Conditional Resignation, time stamped, # 4 Exhibit Exhibit D-BCSC Transgender Questions)(Green, Kevin) (Entered: 07/15/2019)

1 Exhibit Exhibit A-Accommodation Agreement

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2 Exhibit Exhibit B-Conditional Resignation, Acceptance of Terms

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3 Exhibit Exhibit C-Rescission of Conditional Resignation, time stamped

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4 Exhibit Exhibit D-BCSC Transgender Questions

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Unopposed MOTION for Extension of Time to 09/09/2019 in which to respond to 15 Amended Complaint, filed by Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) Modified on 7/26/2019 (JDH). (Entered: 07/25/2019)

Submission of Proposed Order Granting Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint, re 16 Unopposed MOTION for Extension of Time to 09/09/2019 in which to 15 Amended Complaint, filed by Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) (Entered: 07/25/2019)

ORDER granting 16 Motion for Extension of Time to 9/9/2019 for the Defendants to respond to the Amended Complaint 15 . Signed by Magistrate Judge Doris L. Pryor on 7/29/2019. (CBU) (Entered: 07/29/2019)

SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 9/10/2019 at 9:30 AM (Eastern) before Magistrate Judge Doris L. Pryor. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. Signed by Magistrate Judge Doris L. Pryor on 7/30/2019.(CBU) (Entered: 07/31/2019)

NOTICE of Appearance by Barbara J. Baird on behalf of Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Baird, Barbara) (Entered: 08/22/2019)

Corporate Disclosure Statement by INDIANA YOUTH GROUP, INC.. (Baird, Barbara) (Entered: 08/22/2019)

MOTION to Intervene as a Defendant, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Exhibit 1 - Paulsen Declaration, # 2 Exhibit 2 - L. Susec Declaration, # 3 Exhibit 3 - A.S. Declaration, # 4 Exhibit 4 - Conditional Answer, # 5 Text of Proposed Order)(Baird, Barbara) (Entered: 08/22/2019)

1 Exhibit 1 - Paulsen Declaration

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2 Exhibit 2 - L. Susec Declaration

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3 Exhibit 3 - A.S. Declaration

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4 Exhibit 4 - Conditional Answer

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5 Text of Proposed Order

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BRIEF/MEMORANDUM in Support re 22 MOTION to Intervene as a Defendant, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Baird, Barbara) (Entered: 08/22/2019)

MOTION for Attorney(s) D. Jean Veta to Appear pro hac vice (Filing fee $100, receipt number 0756-5594053), filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Exhibit 1 - Veta Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 08/22/2019)

MOTION for Attorney(s) Henry Liu to Appear pro hac vice (Filing fee $100, receipt number 0756-5594065), filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Exhibit 1 - Certification, # 2 Text of Proposed Order 2 - Proposed Order)(Baird, Barbara) (Entered: 08/22/2019)

MOTION for Attorney(s) William Isasi to Appear pro hac vice (Filing fee $100, receipt number 0756-5594086), filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Exhibit 1 - Isasi Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 08/22/2019)

MOTION for Attorney(s) Isaac C. Belfer to Appear pro hac vice (Filing fee $100, receipt number 0756-5594099), filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Exhibit 1 - Belfer Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 08/22/2019)

MOTION for Attorney(s) Paul D. Castillo to Appear pro hac vice (Filing fee $100, receipt number 0756-5594159), filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Castillo, Paul) (Entered: 08/23/2019)

ORDER granting 24 Motion to Appear pro hac vice. Attorney D. Jean Veta for INDIANA YOUTH GROUP, INC. added. Signed by Magistrate Judge Doris L. Pryor on 8/23/2019 (dist made) (CBU) (Entered: 08/26/2019)

ORDER granting 26 Motion to Appear pro hac vice. Attorney William Isasi for INDIANA YOUTH GROUP, INC. added. Signed by Magistrate Judge Doris L. Pryor on 8/23/2019 (dist made) (CBU) (Entered: 08/26/2019)

ORDER granting 25 Motion to Appear pro hac vice. Attorney Henry Liu for INDIANA YOUTH GROUP, INC. added. Signed by Magistrate Judge Doris L. Pryor on 8/23/2019 (dist made) (CBU) (Entered: 08/26/2019)

ORDER granting 27 Motion to Appear pro hac vice. Attorney Isaac C. Belfer for INDIANA YOUTH GROUP, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Isaac C. Belfer via US Mail. Signed by Magistrate Judge Doris L. Pryor on 8/27/2019. (SWM) (Entered: 08/27/2019)

ORDER granting Paul D. Castillo's 28 Motion to Appear pro hac vice on behalf of INDIANA YOUTH GROUP, INC. Signed by Magistrate Judge Doris L. Pryor on 8/27/2019. (SWM) (Entered: 08/27/2019)

MOTION for Extension of Time to File Response to 9/19/19 re 22 MOTION to Intervene as a Defendant, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Text of Proposed Order)(Cork, Michael) (Entered: 08/30/2019)

MOTION to Stay re 19 Scheduling Order, 18 Order on Motion for Extension of Time to File, filed by Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Attachments: # 1 Text of Proposed Order)(Borg, Brent) (Entered: 09/02/2019)

1 Text of Proposed Order

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CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff JOHN M. KLUGE . (Cork, Michael) (Entered: 09/03/2019)

ORDER granting Plaintiff's 34 Motion for Extension of Time to File Response to 9/19/2019 re 22 MOTION to Intervene as a Defendant. Signed by Magistrate Judge Doris L. Pryor on 9/5/2019. (SWM) (Entered: 09/05/2019)

MOTION for Leave to Participate in the Initial Pretrial Conference, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Castillo, Paul) (Entered: 09/06/2019)

MOTION for Attorney(s) Camilla B. Taylor to Appear pro hac vice (Filing fee $100, receipt number 0756-5617294), filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Text of Proposed Order PROPOSED ORDER)(Taylor, Camilla) (Entered: 09/06/2019)

RESPONSE in Opposition re 39 MOTION for Leave to Participate in the Initial Pretrial Conference, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Text of Proposed Order)(Cork, Michael) (Entered: 09/06/2019)

RESPONSE in Opposition re 39 MOTION for Leave to Participate in the Initial Pretrial Conference, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Text of Proposed Order)(Cork, Michael) (Entered: 09/07/2019)

MOTION for Attorney(s) Meredith T. Brown to Appear pro hac vice (Filing fee $100, receipt number 0756-5618958), filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Exhibit Brown Certification, # 2 Text of Proposed Order)(Baird, Barbara) (Entered: 09/09/2019)

1 Exhibit Brown Certification

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2 Text of Proposed Order

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) (Entered: 09/09/2019)

BRIEF/MEMORANDUM in Support re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) (Entered: 09/09/2019)

ORDER granting IN PART Defendants' 35 Motion to Stay InitialPre-Trial Conference, Responsive Pleading Deadline, and Case Management Order. The Initial Pre-Trial Conference set for September 10, 2019, and Case Management Order is STAYED until after the Court rules on the pending Motion to Intervene [Dkt. 22] filed by Indiana Youth Group, Inc. No fewer than seven (7) days before the rescheduled Initial Pre- Trial Conference, counsel must file an amended Case Management Plan. Based on Defendants' responsive pleading [Dkt. 44] filed on September 9, 2019, the Court DENIES AS MOOT Defendants' request to stay the responsive pleading deadline. Signed by Magistrate Judge Doris L. Pryor on 9/10/2019.(SWM) (Entered: 09/10/2019)

ORDER: This matter comes before the Court on Intervenor Defendant's Motion for Leave to Participate in the Initial Pre-Trial Conference (Dkt. 39 ). The Court, previously having stayed the Initial Pre-Trial Conference, hereby DENIES AS MOOT said Motion. Signed by Magistrate Judge Doris L. Pryor on 9/10/2019. (SWM) (Entered: 09/10/2019)

ORDER granting Camilla B. Taylor's 40 Motion to Appear pro hac vice on behalf of INDIANA YOUTH GROUP, INC. Signed by Magistrate Judge Doris L. Pryor on 9/10/2019. (SWM) (Entered: 09/10/2019)

AMENDED SCHEDULING ORDER: In light of the Order staying Initial Pre-Trial Conference, Responsive Pleading Deadline, and Case Management Order. The Court now VACATES the Initial Pretrial Conference currently scheduled for September 10, 2019. This matter is set for a telephone status conference on November 5, 2019 at 9:00 a.m. (Eastern). Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 9/10/2019.(SWM) (Entered: 09/10/2019)

ORDER granting 43 Motion to Appear pro hac vice. Attorney Meredith T. Brown for INDIANA YOUTH GROUP, INC. added. Signed by Magistrate Judge Doris L. Pryor on 9/16/2019 (dist made) (CBU) (Entered: 09/17/2019)

Unopposed MOTION for Extension of Time to File Reply to October 3, 2019 re 22 MOTION to Intervene as a Defendant, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Belfer, Isaac) (Entered: 09/18/2019)

Appendix of Exhibits in Support of Response in Opposition to Motion re 22 MOTION to Intervene as a Defendant, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Exhibit 52-1 Declaration of John M. Kluge, # 2 Exhibit 52-2 Declaration of Natalie Gain, # 3 Exhibit 52-3 Declaration of Lauren Bohrer, # 4 Exhibit 52-4 Declaration of Kennedy Roberts, # 5 Exhibit 52-5 Declaration of Mary Jacobson, # 6 Exhibit 52-6 Declaration of Jeff Gracie)(Green, Kevin) (Entered: 09/20/2019)

1 Exhibit 52-1 Declaration of John M. Kluge

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2 Exhibit 52-2 Declaration of Natalie Gain

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3 Exhibit 52-3 Declaration of Lauren Bohrer

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4 Exhibit 52-4 Declaration of Kennedy Roberts

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5 Exhibit 52-5 Declaration of Mary Jacobson

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6 Exhibit 52-6 Declaration of Jeff Gracie

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RESPONSE in Opposition re 22 MOTION to Intervene as a Defendant, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Affidavit Declaration, Tech Difficulties, # 2 Affidavit Support for Declaration, Tech Difficulties, # 3 Affidavit Support for Declaration, Tech Difficulties)(Green, Kevin) (Entered: 09/20/2019)

ORDER granting 51 Motion for Extension of Time to File Reply to 10/3/2019 re 22 MOTION to Intervene as a Defendant. Signed by Magistrate Judge Doris L. Pryor on 9/20/2019. (CBU) (Entered: 09/20/2019)

MOTION for Leave to File Motion to Dismiss, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Exhibit 1 - Proposed Motion to Dismiss, # 2 Exhibit 2 - Memorandum in Support of Proposed Motion to Dismiss)(Belfer, Isaac) (Entered: 09/27/2019)

RESPONSE in Opposition re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiff JOHN M. KLUGE. (Green, Kevin) (Entered: 09/30/2019)

Submission of CORRECTED RESPONSE BRIEF re 56 IN OPPOSITION TO DEFENDANT'S 44 MOTION TO DISMISS, filed by Plaintiff JOHN M. KLUGE. (Green, Kevin) Modified on 10/2/2019 (JDH). (Entered: 10/02/2019)

Appendix of Exhibits in Support of Reply in Support of Motion re 22 MOTION to Intervene as a Defendant, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Exhibit 1 - Willis Declaration, # 2 Exhibit 2 - Lee Declaration, # 3 Exhibit 3 - Russell)(Belfer, Isaac) (Entered: 10/03/2019)

1 Exhibit 1 - Willis Declaration

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2 Exhibit 2 - Lee Declaration

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3 Exhibit 3 - Russell

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REPLY in Support of Motion re 22 MOTION to Intervene as a Defendant, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Belfer, Isaac) (Entered: 10/03/2019)

REPLY in Support of Motion re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants BROWNSBURG COMMUNITY SCHOOL CORPORATION, BRET DAGHE, JODI GORDON, JAMES SNAPP, PHIL UTTERBACK. (Borg, Brent) (Entered: 10/07/2019)

RESPONSE in Opposition re 22 MOTION to Intervene as a Defendant Pls Motion for Leave, Sur-Reply, Supporting Documents, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Supplement 61-1 Sur-Reply per new evid submitted, # 2 Exhibit 61-2 Email from Willis parents to John Kluge, 7-28-17, # 3 Exhibit 61-3 BHS Orchestra Awards Script)(Green, Kevin) Modified on 10/11/2019 to seal Exhibit 3 (JDH). (Entered: 10/10/2019)

RESPONSE in Opposition re 55 MOTION for Leave to File Motion to Dismiss Kluge-Pl Resp Opp IYG Mot to File MTD, filed by Plaintiff JOHN M. KLUGE. (Green, Kevin) (Entered: 10/11/2019)

NOTICE of Supplemental Authority, filed by Plaintiff JOHN M. KLUGE, re 57 Submission. (Attachments: # 1 Supplement 63-1 Ulrey v. Reichhart, 7th Cir. 10-18-19) (Green, Kevin) (Entered: 10/25/2019)

AMENDED SCHEDULING ORDER (TIME ONLY): This matter is currently set for a telephonic Status Conference on November 5, 2019 at 9:00 a.m. The Court now changes the time to 9:30 a.m. (Eastern) on that same date. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF. Signed by Magistrate Judge Doris L. Pryor on 10/31/2019.(SWM) (Entered: 11/01/2019)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: Parties appeared by counsel for an telephonic Initial Pretrial Conference on November 5, 2019. The parties discussed case status. The telephonic Initial Pretrial Conference is CONTINUED to January 6, 2020 at 1:30 p.m. (Eastern). Parties shall submit a proposed case management plan within 7 days of the telephonic initial pretrial conference. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 11/08/2019)

AMENDED SCHEDULING ORDER (TIME ONLY): This matter is currently set for a telephonic Initial Pretrial Conference on January 6, 2020 at 1:30 p.m. The Court now changes the time to 2:30 p.m. (Eastern) on that same date. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 11/20/2019.(SWM) (Entered: 11/21/2019)

SCHEDULING ORDER: In light of the Motion to Dismiss for Failure to State a Claim Dkt. 44, the Court now RESCHEDULES the Telephonic Initial Pretrial Conference currently scheduled for January 6, 2020 to March 2, 2020 at 3:00 p.m. (Eastern). Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Courts ECF system. Signed by Magistrate Judge Doris L. Pryor on 1/6/2020.(SWM) (Entered: 01/06/2020)

ORDER - The Court makes the following rulings: 1. Defendant's Motion to Dismiss, 44, is GRANTED IN PART and DENIED IN PART as follows: a. The Motion is GRANTED to the extent that all claims against Defendants Dr. James Snapp, Phil Utterback, Jodi Gordon, and Dr. Bret Daghe individually in their official capacities are DISMISSED WITH PREJUDICE. b. The Motion is GRANTED to the extent that the following claims against BCSC are DISMISSED WITH PREJUDICE: i. Count 3: Hostile Work Environment under Title VII, ii. Count 4: First Amendment Retaliation, iii. Count 5: Content and Viewpoint Discrimination under the First Amendment, iv. Count 6: Compelled Speech under the First Amendment, v. Count 7: Free Exercise of Religion under the First Amendment, vi. Count 8: Unconstitutional Conditions, vii. Count 9: Due Process, viii. Count 10: Equal Protection, ix. Count 11: Claims under the Indiana Constitution, x. Count 12: Intentional Infliction of Emotional Distress, and xi. Count 13: Fraud; c. The Motion is DENIED to the extent that the following claims SHALL PROCEED against Defendant BCSC only: I. Count 1: Failure to Accommodate under Title VII, and ii. Count 2: Retaliation under Title VII. 2. Mr. Kluge's Motion for Leave to File Sur-Reply Responding to IYG's New Evidence Cited in its Reply in Support of Motion to Intervene, 61, is GRANTED to the extent that the Court considered the attached proposed sur-reply. 3. IYG's Motion to Intervene as Defendant, 22, is DENIED. 4. IYG's Motion for Leave to File a Motion to Dismiss Plaintiff's Amended Complaint, 55, is DENIED AS MOOT. (See Order). Signed by Judge Jane Magnus-Stinson on 1/8/2020. (JDH) Modified on 1/8/2020 (JDH). (Entered: 01/08/2020)

Defendant's ANSWER to 15 Amended Complaint and Demand for Jury Trial, filed by BROWNSBURG COMMUNITY SCHOOL CORPORATION.(Borg, Brent) (Entered: 01/22/2020)

Amended CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff JOHN M. KLUGE . (Cork, Michael) (Entered: 02/24/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on March 2, 2020. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. This matter is scheduled for a telephonic status conference on June 2, 2020 at 3:00 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. In addition, this matter is scheduled for a settlement conference on September 22, 2020 at 1:30 p.m. (Eastern), in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Doris L. Pryor. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 03/04/2020)

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 1/29/2021. Discovery due by 11/16/2020. Signed by Magistrate Judge Doris L. Pryor on 3/3/2020.(SWM) (Entered: 03/04/2020)

ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Doris L. Pryor on 3/4/2020.(SWM) (Entered: 03/04/2020)

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Doris L. Pryor on 3/4/2020.(SWM) (Entered: 03/04/2020)

TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - This cause is hereby set for a Jury Trial before Judge Jane Magnus-Stinson on August 23, 2021 at 9:00 a.m. in Room 202 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. A Final Pretrial Conference is also set for July 29, 2021 at 9:00 a.m. in Room 202 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan, dkt. 75 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at docket 7 . Signed by Judge Jane Magnus-Stinson on 3/27/2020.(JDH) (Entered: 03/27/2020)

Joint MOTION for Protective Order, filed by Defendant BROWNSBURG COMMUNITY SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order Proposed Uniform Stipulated Protective Order)(Borg, Brent) (Entered: 04/03/2020)

1 Text of Proposed Order Proposed Uniform Stipulated Protective Order

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ORDER ON MOTION FOR PROTECTIVE ORDER - The Parties' protective order is vague as to the "proprietary business information" they seek to protect. Absent clear language, the Parties cannot determine in good faith what information qualifies as confidential. Because "proprietary business information" is too vague, it must be stricken from the proposed protective order. Accordingly, the Court GRANTS IN PART and DENIES IN PART the Parties' Agreed Motion for Protective Order, Dkt. [ 79 ]. The Court will enter an approved protective order, with this language stricken, through a separate order. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 4/10/2020. (SWM) (Entered: 04/13/2020)

UNIFORM STIPULATED PROTECTIVE ORDER 79 Approved and So Ordered. Signed by Magistrate Judge Doris L. Pryor on 4/10/2020.(SWM) (Entered: 04/13/2020)

Witness List Preliminary Witness and Exhibit Lists, filed by Plaintiff JOHN M. KLUGE. (Cork, Michael) (Entered: 05/22/2020)

Exhibit List and Witness List, Preliminary, filed by Defendant BROWNSBURG COMMUNITY SCHOOL CORPORATION. (Pinegar, Alexander) (Entered: 05/29/2020)

ORDER - The Court previously denied a motion filed by Indiana Youth Group, Inc. ("IYG") seeking to intervene as a defendant in this matter. [Filing No. 70 .] Nevertheless, the appearances of counsel for IYG remain of record.Counsel has two options: They can move to withdraw their appearance or move to amend their appearance to reflect IYG as an interested party. Counsel shall file the motion they choose on or before June 10, 2020. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 6/3/2020.(JDH) (Entered: 06/03/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on June 2, 2020. The parties discussed the status of and future plans for discovery.This matter is scheduled for a telephonic status conference on September 10, 2020 at 9:00 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 06/05/2020)

MOTION to Withdraw Attorney Appearance, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Affidavit Ex. A - Belfer Declaration, # 2 Text of Proposed Order Ex. B - Proposed Order)(Belfer, Isaac) (Entered: 06/10/2020)

MOTION to Withdraw Attorney Appearance, filed by Intervenor Defendant INDIANA YOUTH GROUP, INC.. (Attachments: # 1 Affidavit Ex. A - Belfer Declaration, # 2 Text of Proposed Order Ex. B - Proposed Order)(Belfer, Isaac) (Entered: 06/10/2020)

ORDER granting 87 Motion to Withdraw Attorney Appearance. Attorney Paul D Castillo; William Isasi; Henry Liu; Camilla B. Taylor; D. Jean Veta; Barbara J. Baird and Isaac C. Belfer withdrawn. Signed by Magistrate Judge Doris L. Pryor on 6/18/2020. (SWM) (Entered: 06/19/2020)

ORDER granting 88 Motion to Withdraw Attorney Appearance. Attorney Meredith T. Brown withdrawn. Signed by Magistrate Judge Doris L. Pryor on 6/18/2020. (SWM) (Entered: 06/19/2020)

MOTION for Discovery Conference, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Exhibit 1-Pls 6.1.20 Discovery Email to OC, # 2 Text of Proposed Order ORDER Granting Pls Motion for Discy Conf)(Green, Kevin) (Entered: 06/29/2020)

ORDER granting Plaintiff's 91 Motion for Discovery Conference - Discovery Conference set for 8/17/2020 11:00 AM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The parties shall submit a short summary of the discovery dispute, with supporting case law, their respective positions on the issues, possible solutions, and any other documents they would like the Court to review, to the Magistrate Judge at MJPryor@insd.uscourts.gov by August 12, 2020 at 12:00 p.m. (Eastern). Signed by Magistrate Judge Doris L. Pryor on 7/23/2020.(SWM) (Entered: 07/24/2020)

MOTION to Vacate 74 Pretrial Conference - InitialSet Hearings Settlement Conference, filed by Defendant BROWNSBURG COMMUNITY SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Borg, Brent) (Entered: 08/04/2020)

DISREGARD THIS FILING. DUPLICATE OF DKT 95. SEE DKT 95 -- MOTION to Vacate 93 MOTION to Vacate 74 Pretrial Conference - InitialSet Hearings Settlement Conference Plaintiffs Objection to Motion to Vacate, filed by Plaintiff JOHN M. KLUGE. (Cork, Michael) Modified on 8/13/2020 (MRI). (Entered: 08/12/2020)

OBJECTION to Defendant's 93 Motion to Vacate Settlement Conference, filed by Plaintiff JOHN M. KLUGE. (Cork, Michael) Modified on 8/13/2020 (JDH). (Entered: 08/12/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: Parties appeared by telephone for a Discovery Conference on August 17, 2020. The parties reported on the status of and future plans for discovery.This matter is scheduled for a telephonic status conference on September 10, 2020 at 9:00 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 08/18/2020)

First MOTION for Discovery Conference Re IYG Privilege Log, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Exhibit 1 - Mot for Discy Conf re IYG Privilege Log, # 2 Text of Proposed Order ORDER Granting Pls Motion for Discy Conf)(Green, Kevin) (Entered: 09/08/2020)

1 Exhibit 1 - Mot for Discy Conf re IYG Privilege Log

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2 Text of Proposed Order ORDER Granting Pls Motion for Discy Conf

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Unopposed MOTION for Extension of Time to 12/17/2020 in which to 75 Order: Case Management to Extend Non-Expert Discovery Deadline, filed by Defendant BROWNSBURG COMMUNITY SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Borg, Brent) (Entered: 09/11/2020)

ORDER granting IN PART Defendant's 93 Motion to Vacate Settlement Conference. The settlement conference scheduled for September 22, 2020 is CONTINUED to June 2, 2021 at 9:30 a.m. (Eastern) by telephone before Magistrate Judge Doris L. Pryor. The parties shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. On or before five (5) business days before the settlement conference, the parties shall submit (not file) a confidential settlement statement. See Order for additional details. Signed by Magistrate Judge Doris L. Pryor on 9/11/2020.(SWM) (Entered: 09/14/2020)

MOTION to Withdraw 99 First MOTION for Discovery Conference Re IYG Privilege Log, filed by Plaintiff JOHN M. KLUGE. (Attachments: # 1 Text of Proposed Order)(Cork, Michael) (Entered: 09/16/2020)

1 Text of Proposed Order

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MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: Parties appeared by telephone for a Status Conference on September 10, 2020. The parties reported on the status of and future plans for discovery.This matter is scheduled for a telephonic discovery conference on September 18, 2020 at 8:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 09/16/2020)

ORDER - This matter comes before the Court on Plaintiff's Motion to Withdraw Motion for Discovery Conference Regarding Non-Party, Indiana Youth Group, Inc.'s Privilege Log, Dkt. [ 102 ]. The Court, being duly advised, now GRANTS said Motion. Plaintiff's Motion for Discovery Conference Regarding Non-Party, Indiana Youth Group, Inc.'s Privilege Log (Dkt. 99 ) shall be WITHDRAWN. The telephonic discovery conference scheduled for September 18, 2020 is VACATED. This matter is scheduled for a telephonic status conference on November 6, 2020 at 11:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 9/16/2020.(SWM) (Entered: 09/17/2020)

ORDER - granting 100 Motion for Extension of Time to File; The deadline to complete Non-Expert Discovery is EXTENDED to December 17, 2020. Signed by Magistrate Judge Doris L. Pryor on 9/17/2020. (CKM) (Entered: 09/18/2020)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on November 6, 2020. The parties discussed the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on February 25, 2021 at 1:00 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 11/10/2020)

Joint MOTION for Briefing Schedule, filed by Defendant BROWNSBURG COMMUNITY SCHOOL CORPORATION. (Attachments: # 1 Text of Proposed Order)(Borg, Brent) (Entered: 11/13/2020)