Case: C.K.-W. v. Wentzville R-IV School District

COMPLAINT for prospective relief against defendant Wentzville R-IV School District with receipt number AMOEDC-9131335, in the amount of $402 Non-Jury Demand,, filed by C.K.-W., D.L.. (Attachments: # 1 Ex.1 Policy 6310, # 2 Ex. 2 Regulation 6310, # 3 Ex. 3 Policy 6241, # 4 Ex. 4 Regulations 6241, # 5 Ex. 5 Challenge Book Review Committee Decision - The Bluest Eye, # 6 Civil Cover Sheet, # 7 Summons, # 8 Original Filing Form)(Rothert, Anthony) (Entered: 02/15/2022)

1 Ex.1 Policy 6310

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2 Ex. 2 Regulation 6310

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3 Ex. 3 Policy 6241

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4 Ex. 4 Regulations 6241

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5 Ex. 5 Challenge Book Review Committee Decision - The Bluest Eye

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6 Civil Cover Sheet

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7 Summons

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8 Original Filing Form

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NOTICE OF PROCESS SERVER by Plaintiffs C.K.-W., D.L. Process Server: Tim Moore/Pro-Serve (Rothert, Anthony) (Entered: 02/15/2022)

Case Opening Notification. Judge Assigned: U.S. District Judge Matthew T. Schelp. 1 Summons(es) issued and emailed to attorney Anthony E. Rothert. (BAK)

Case Opening Notification

ENTRY of Appearance by Jessie M. Steffan for Plaintiffs C.K.-W., D.L.. (Steffan, Jessie) (Entered: 02/23/2022)

ENTRY of Appearance by Molly E. Carney for Plaintiffs C.K.-W., D.L.. (Carney, Molly) (Entered: 02/25/2022)

SUMMONS Returned Executed filed by C.K.-W., D.L.. Wentzville R-IV School District served on 2/22/2022, answer due 3/15/2022. (Rothert, Anthony) (Entered: 02/25/2022)

AMENDED COMPLAINT pursuant to Federal Rule of Civil Procedure 15(a)(1)(2) against defendant Wentzville R-IV School District yes Summons(es) issued, Waivers issued no, Consents issued n/a, non-jury demand, pursuant to Federal Rule of Civil Procedure 15(a)(1)(2), filed by C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Rothert, Anthony) (Entered: 02/25/2022)

ENTRY of Appearance by Gillian R. Wilcox for Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Wilcox, Gillian) (Entered: 03/04/2022)

DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Missouri State Conference of the National Association for the Advancement of Colored People. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (Wilcox, Gillian) (Entered: 03/04/2022)

DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (Wilcox, Gillian) (Entered: 03/04/2022)

ENTRY of Appearance by Emily Lazaroff for Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Lazaroff, Emily) (Entered: 03/10/2022)

MOTION for Preliminary Injunction by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Rothert, Anthony) (Entered: 03/14/2022)

MOTION for Leave to File in Excess of Page Limitation memorandum in support of motion for preliminary injunction by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: # 1 proposed memorandum in support of motion for preliminary injunction, # 2 index of exhibits to proposed memorandum in support of motion for preliminary injunction, # 3 exhibit to proposed memorandum in support of motion for preliminary injunction, # 4 exhibit to proposed memorandum in support of motion for preliminary injunction, # 5 exhibit to proposed memorandum in support of motion for preliminary injunction, # 6 exhibit to proposed memorandum in support of motion for preliminary injunction, # 7 exhibit to proposed memorandum in support of motion for preliminary injunction, # 8 exhibit to proposed memorandum in support of motion for preliminary injunction, # 9 exhibit to proposed memorandum in support of motion for preliminary injunction, # 10 exhibit to proposed memorandum in support of motion for preliminary injunction, # 11 exhibit to proposed memorandum in support of motion for preliminary injunction, # 12 exhibit to proposed memorandum in support of motion for preliminary injunction, # 13 exhibit to proposed memorandum in support of motion for preliminary injunction, # 14 exhibit to proposed memorandum in support of motion for preliminary injunction, # 15 exhibit to proposed memorandum in support of motion for preliminary injunction, # 16 exhibit to proposed memorandum in support of motion for preliminary injunction, # 17 exhibit to proposed memorandum in support of motion for preliminary injunction, # 18 exhibit to proposed memorandum in support of motion for preliminary injunction, # 19 exhibit to proposed memorandum in support of motion for preliminary injunction, # 20 exhibit to proposed memorandum in support of motion for preliminary injunction, # 21 exhibit to proposed memorandum in support of motion for preliminary injunction, # 22 exhibit to proposed memorandum in support of motion for preliminary injunction, # 23 exhibit to proposed memorandum in support of motion for preliminary injunction, # 24 exhibit to proposed memorandum in support of motion for preliminary injunction, # 25 exhibit to proposed memorandum in support of motion for preliminary injunction, # 26 exhibit to proposed memorandum in support of motion for preliminary injunction, # 27 exhibit to proposed memorandum in support of motion for preliminary injunction, # 28 exhibit to proposed memorandum in support of motion for preliminary injunction, # 29 exhibit to proposed memorandum in support of motion for preliminary injunction, # 30 exhibit to proposed memorandum in support of motion for preliminary injunction, # 31 exhibit to proposed memorandum in support of motion for preliminary injunction, # 32 exhibit to proposed memorandum in support of motion for preliminary injunction, # 33 exhibit to proposed memorandum in support of motion for preliminary injunction, # 34 exhibit to proposed memorandum in support of motion for preliminary injunction, # 35 exhibit to proposed memorandum in support of motion for preliminary injunction, # 36 exhibit to proposed memorandum in support of motion for preliminary injunction, # 37 exhibit to proposed memorandum in support of motion for preliminary injunction, # 38 exhibit to proposed memorandum in support of motion for preliminary injunction, # 39 exhibit to proposed memorandum in support of motion for preliminary injunction, # 40 exhibit to proposed memorandum in support of motion for preliminary injunction, # 41 exhibit to proposed memorandum in support of motion for preliminary injunction, # 42 exhibit to proposed memorandum in support of motion for preliminary injunction, # 43 exhibit to proposed memorandum in support of motion for preliminary injunction, # 44 exhibit to proposed memorandum in support of motion for preliminary injunction, # 45 exhibit to proposed memorandum in support of motion for preliminary injunction, # 46 exhibit to proposed memorandum in support of motion for preliminary injunction)(Rothert, Anthony) (Entered: 03/14/2022)

1 proposed memorandum in support of motion for preliminary injunction

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Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File in Excess of Page Limitation, Doc. 12, is DENIED. Signed by District Judge Matthew T. Schelp on 3/14/2022. (TMT) (Entered: 03/14/2022)

MOTION for Leave to File in Excess of Page Limitation memorandum in support of motion for preliminary injunction of 17 pages by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: # 1 proposed memorandum in support of motion for preliminary injunction, # 2 index of exhibits to proposed memorandum in support of motion for preliminary injunction, # 3 exhibit to proposed memorandum in support of motion for preliminary injunction, # 4 exhibit to proposed memorandum in support of motion for preliminary injunction, # 5 exhibit to proposed memorandum in support of motion for preliminary injunction, # 6 exhibit to proposed memorandum in support of motion for preliminary injunction, # 7 exhibit to proposed memorandum in support of motion for preliminary injunction, # 8 exhibit to proposed memorandum in support of motion for preliminary injunction, # 9 exhibit to proposed memorandum in support of motion for preliminary injunction, # 10 exhibit to proposed memorandum in support of motion for preliminary injunction, # 11 exhibit to proposed memorandum in support of motion for preliminary injunction, # 12 exhibit to proposed memorandum in support of motion for preliminary injunction, # 13 exhibit to proposed memorandum in support of motion for preliminary injunction, # 14 exhibit to proposed memorandum in support of motion for preliminary injunction, # 15 exhibit to proposed memorandum in support of motion for preliminary injunction, # 16 exhibit to proposed memorandum in support of motion for preliminary injunction, # 17 exhibit to proposed memorandum in support of motion for preliminary injunction, # 18 exhibit to proposed memorandum in support of motion for preliminary injunction, # 19 exhibit to proposed memorandum in support of motion for preliminary injunction, # 20 exhibit to proposed memorandum in support of motion for preliminary injunction, # 21 exhibit to proposed memorandum in support of motion for preliminary injunction, # 22 exhibit to proposed memorandum in support of motion for preliminary injunction, # 23 exhibit to proposed memorandum in support of motion for preliminary injunction, # 24 exhibit to proposed memorandum in support of motion for preliminary injunction, # 25 exhibit to proposed memorandum in support of motion for preliminary injunction, # 26 exhibit to proposed memorandum in support of motion for preliminary injunction, # 27 exhibit to proposed memorandum in support of motion for preliminary injunction, # 28 exhibit to proposed memorandum in support of motion for preliminary injunction, # 29 exhibit to proposed memorandum in support of motion for preliminary injunction, # 30 exhibit to proposed memorandum in support of motion for preliminary injunction, # 31 exhibit to proposed memorandum in support of motion for preliminary injunction, # 32 exhibit to proposed memorandum in support of motion for preliminary injunction, # 33 exhibit to proposed memorandum in support of motion for preliminary injunction, # 34 exhibit to proposed memorandum in support of motion for preliminary injunction, # 35 exhibit to proposed memorandum in support of motion for preliminary injunction, # 36 exhibit to proposed memorandum in support of motion for preliminary injunction, # 37 exhibit to proposed memorandum in support of motion for preliminary injunction, # 38 exhibit to proposed memorandum in support of motion for preliminary injunction, # 39 exhibit to proposed memorandum in support of motion for preliminary injunction, # 40 exhibit to proposed memorandum in support of motion for preliminary injunction, # 41 exhibit to proposed memorandum in support of motion for preliminary injunction, # 42 exhibit to proposed memorandum in support of motion for preliminary injunction, # 43 exhibit to proposed memorandum in support of motion for preliminary injunction, # 44 exhibit to proposed memorandum in support of motion for preliminary injunction, # 45 exhibit to proposed memorandum in support of motion for preliminary injunction, # 46 exhibit to proposed memorandum in support of motion for preliminary injunction, # 47 exhibit to proposed memorandum in support of motion for preliminary injunction)(Rothert, Anthony) (Entered: 03/15/2022)

1 proposed memorandum in support of motion for preliminary injunction

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2 index of exhibits to proposed memorandum in support of motion for preliminary i

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3 exhibit to proposed memorandum in support of motion for preliminary injunction

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A Docket Text Order

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File in Excess of Page Limitation, Doc. 14, is GRANTED. Plaintiffs are directed to file the Memorandum along with its exhibits. Signed by District Judge Matthew T. Schelp on 3/15/2022. (TMT) (Entered: 03/15/2022)

ENTRY of Appearance by Jeffrey A. Marriott for Defendant Wentzville R-IV School District. (Marriott, Jeffrey) (Entered: 03/15/2022)

ENTRY of Appearance by Matthew D. Wilson for Defendant Wentzville R-IV School District. (Wilson, Matthew) (Entered: 03/15/2022)

ANSWER to 6 Amended Complaint,, Answer to Amended Complaint by Wentzville R-IV School District.(Wilson, Matthew) (Entered: 03/15/2022)

MEMORANDUM in Support of Motion re 11 MOTION for Preliminary Injunction filed by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: # 1 Index of Exhibits to Memorandum in Support of Motion for Preliminary Injunction, # 2 Exhibit 9:Board Regulation 6310: School Libraries, # 3 Exhibit 10:Board Policy 6310: School Libraries, # 4 Exhibit 11:Board Policy 6241: Challenged Materials, # 5 Exhibit 12:Board Regulation 6241: Challenged Materials, # 6 Exhibit 13:Review of Instructional Materials Form dated 11/8/2021 for Gabi, # 7 Exhibit 14:Email re Book Removal Status, # 8 Exhibit 15:Memorandum to Board re Gabi Review Committee Report, # 9 Exhibit 16:Review of Instructional Materials Form dated 10/1/2021 for Lawn Boy, # 10 Exhibit 17:Review of Instructional Materials Form dated 9/30/2021 for All Boys Arent Blue, # 11 Exhibit 18:Review of Instructional Materials Form dated 9/30/2021 for Heavy, # 12 Exhibit 19:Review of Instructional Materials Form dated 9/30/2021 for Fun Home, # 13 Exhibit 20:Review of Instructional Materials Form dated 10/1/2021 for The Bluest Eye, # 14 Exhibit 21:Memorandum to Board re The Bluest Eye Review Committee Report, # 15 Exhibit 22:Email re Review Committee Guidelines, # 16 Exhibit 23:Transcript of Nixa Parents Meeting with Andy Wells, # 17 Exhibit 24:Transcript of January 20, 2022 Board Meeting, # 18 Exhibit 25:Email re Parent Choice, # 19 Exhibit 26:Email from Board Member re Board Disregard of Recommendation, # 20 Exhibit 27:Email from Committee Member re Board Disregard of Recommendation, # 21 Exhibit 28:Email from Librarian re Review Process, # 22 Exhibit 29:Transcript of February 25, 2022 Board Meeting, # 23 Exhibit 30:Email re Book Removal Status, # 24 Exhibit 31:Letter from District Counsel re Status, # 25 Exhibit 32:Email re Weeding Request, # 26 Exhibit 33:Declaration and CV of Dr. April Dawkins, # 27 Exhibit 34:No Left Turn Book Challenge List, # 28 Exhibit 35:Sandy Garber Board Candidate Statement, # 29 Exhibit 36:Declaration of Plaintiff D.L., # 30 Exhibit 37:Declaration of Z.L., parent of Plaintiff D.L., # 31 Exhibit 38:Declaration of T.K., parent of Plaintiff C.K.-W., # 32 Exhibit 39:Declaration of Missouri NAACP President Nimrod Chapel, Jr., # 33 Exhibit 40:Declaration of Fun Home author Alison Bechdel, # 34 Exhibit 41:Declaration of Gabi author Isabel Quintero, # 35 Exhibit 42:Declaration and CV of Harvey J. Graff, # 36 Exhibit 43:Andy Wells Facebook Post re Challenge Guidance, # 37 Exhibit 44:Andy Wells Facebook Post re Book Challenge List, # 38 Exhibit 45:Andy Wells Facebook Post re Values, # 39 Exhibit 46:Sandy Garber Facebook Post re Race, # 40 Exhibit 47:Sandy Garber Facebook Post re English, # 41 Exhibit 48:Sandy Garber Facebook Post re Religion, # 42 Exhibit 49:Amber Crawford Facebook Post re CRT, # 43 Exhibit 50:Amber Crawford Facebook Post re Race, # 44 Exhibit 51:National Coalition Against Censorship Letter to Board, # 45 Exhibit 52:Missouri Library Association Letter to Board, # 46 Exhibit 53:Email from Community Member re Removal Concerns)(Rothert, Anthony) (Entered: 03/15/2022)

1 Index of Exhibits to Memorandum in Support of Motion for Preliminary Injunction

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2 Exhibit 9:Board Regulation 6310: School Libraries

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3 Exhibit 10:Board Policy 6310: School Libraries

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4 Exhibit 11:Board Policy 6241: Challenged Materials

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5 Exhibit 12:Board Regulation 6241: Challenged Materials

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6 Exhibit 13:Review of Instructional Materials Form dated 11/8/2021 for Gabi

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7 Exhibit 14:Email re Book Removal Status

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8 Exhibit 15:Memorandum to Board re Gabi Review Committee Report

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9 Exhibit 16:Review of Instructional Materials Form dated 10/1/2021 for Lawn Boy

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10 Exhibit 17:Review of Instructional Materials Form dated 9/30/2021 for All Boys

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11 Exhibit 18:Review of Instructional Materials Form dated 9/30/2021 for Heavy

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12 Exhibit 19:Review of Instructional Materials Form dated 9/30/2021 for Fun Home

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13 Exhibit 20:Review of Instructional Materials Form dated 10/1/2021 for The Blues

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14 Exhibit 21:Memorandum to Board re The Bluest Eye Review Committee Report

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15 Exhibit 22:Email re Review Committee Guidelines

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16 Exhibit 23:Transcript of Nixa Parents Meeting with Andy Wells

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17 Exhibit 24:Transcript of January 20, 2022 Board Meeting

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18 Exhibit 25:Email re Parent Choice

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19 Exhibit 26:Email from Board Member re Board Disregard of Recommendation

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20 Exhibit 27:Email from Committee Member re Board Disregard of Recommendation

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21 Exhibit 28:Email from Librarian re Review Process

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22 Exhibit 29:Transcript of February 25, 2022 Board Meeting

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23 Exhibit 30:Email re Book Removal Status

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24 Exhibit 31:Letter from District Counsel re Status

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25 Exhibit 32:Email re Weeding Request

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26 Exhibit 33:Declaration and CV of Dr. April Dawkins

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27 Exhibit 34:No Left Turn Book Challenge List

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28 Exhibit 35:Sandy Garber Board Candidate Statement

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29 Exhibit 36:Declaration of Plaintiff D.L.

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30 Exhibit 37:Declaration of Z.L., parent of Plaintiff D.L.

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31 Exhibit 38:Declaration of T.K., parent of Plaintiff C.K.-W.

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32 Exhibit 39:Declaration of Missouri NAACP President Nimrod Chapel, Jr.

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33 Exhibit 40:Declaration of Fun Home author Alison Bechdel

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34 Exhibit 41:Declaration of Gabi author Isabel Quintero

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35 Exhibit 42:Declaration and CV of Harvey J. Graff

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36 Exhibit 43:Andy Wells Facebook Post re Challenge Guidance

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37 Exhibit 44:Andy Wells Facebook Post re Book Challenge List

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38 Exhibit 45:Andy Wells Facebook Post re Values

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39 Exhibit 46:Sandy Garber Facebook Post re Race

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40 Exhibit 47:Sandy Garber Facebook Post re English

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41 Exhibit 48:Sandy Garber Facebook Post re Religion

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42 Exhibit 49:Amber Crawford Facebook Post re CRT

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43 Exhibit 50:Amber Crawford Facebook Post re Race

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44 Exhibit 51:National Coalition Against Censorship Letter to Board

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45 Exhibit 52:Missouri Library Association Letter to Board

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46 Exhibit 53:Email from Community Member re Removal Concerns

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NOTICE of Filing Exhibit with the Clerk's Office in paper format by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People re 19 Memorandum in Support of Motion,,,,,,,,,,,,, (Rothert, Anthony) (Entered: 03/15/2022)

MOTION for Protective Order by Plaintiffs C.K.-W., D.L.. (Rothert, Anthony) (Entered: 03/15/2022)

MEMORANDUM in Support of Motion re 21 MOTION for Protective Order filed by Plaintiffs C.K.-W., D.L.. (Attachments: # 1 Exhibit 1 - Social Media Re Review Committee Members, # 2 Exhibit 2 - Social Media re Suspected Plaintiffs)(Rothert, Anthony) (Entered: 03/15/2022)

1 Exhibit 1 - Social Media Re Review Committee Members

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2 Exhibit 2 - Social Media re Suspected Plaintiffs

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A Docket Text Order

MOTION for Leave to Appear Pro Hac Vice Vera Eidelman. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9187808) by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: # 1 Supplement list of additional bar admissions, # 2 Attachment certificate of good standing)(Eidelman, Vera) (Entered: 03/17/2022)

1 Supplement list of additional bar admissions

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2 Attachment certificate of good standing

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Docket Text ORDER Re: 23 MOTION for Leave to Appear Pro Hac Vice Vera Eidelman by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 3/17/2022. (TMT) (Entered: 03/17/2022)

A Docket Text Order

EXHIBITS Received: 1,2,3,4,5,6,7 and 8 by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. [Physical copies of the following books were received by the Clerk's Office and will be stored in the Clerk's Office file room: The Bluest Eye by Toni Morrison, Lawn Boy by Jonathan Evison, Gabi A, Girl in Peces by Isabel Quintero, Invisible Girl by Lisa Jewell, Fun Home by Alison Bechdel, Modern Romance by Aziz Ansari, Heavy by Kiese Laymon, All Boys Aren't Blue by George Johnson.] (BRP) (Entered: 03/21/2022)

Exhibits

MOTION to Certify Class by Plaintiffs C.K.-W., D.L.. (Carney, Molly) (Entered: 03/24/2022)

MEMORANDUM in Support of Motion re 26 MOTION to Certify Class filed by Plaintiffs C.K.-W., D.L.. (Carney, Molly) (Entered: 03/24/2022)

MEMORANDUM in Opposition re 11 MOTION for Preliminary Injunction filed by Defendant Wentzville R-IV School District. (Attachments: # 1 Exhibit Exhibit A- Policy 120, # 2 Exhibit Exhibit B- Policy 310, # 3 Exhibit Exhibit C- Policy 1480, # 4 Exhibit Exhibit D- Policy 6240, # 5 Exhibit Exhibit E- Policy 6241, # 6 Exhibit Exhibit F- Regulation 6241, # 7 Exhibit Exhibit G- Policy 6310, # 8 Exhibit Exhibit H- Regulation 6310, # 9 Exhibit Exhibit I- Policy 340, # 10 Exhibit Exhibit J- Invisible Girl, # 11 Exhibit Exhibit K- Modern Romance, # 12 Exhibit Exhibit L- Skeeters Declaration)(Marriott, Jeffrey) Modified on 3/29/2022 (TMT). (Entered: 03/28/2022)

1 Exhibit Exhibit A- Policy 120

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2 Exhibit Exhibit B- Policy 310

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3 Exhibit Exhibit C- Policy 1480

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4 Exhibit Exhibit D- Policy 6240

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5 Exhibit Exhibit E- Policy 6241

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6 Exhibit Exhibit F- Regulation 6241

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7 Exhibit Exhibit G- Policy 6310

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8 Exhibit Exhibit H- Regulation 6310

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9 Exhibit Exhibit I- Policy 340

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10 Exhibit Exhibit J- Invisible Girl

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11 Exhibit Exhibit K- Modern Romance

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12 Exhibit Exhibit L- Skeeters Declaration

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MEMORANDUM in Opposition re 26 MOTION to Certify Class Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed by Defendant Wentzville R-IV School District. (Marriott, Jeffrey) (Entered: 04/07/2022)

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction filed by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Attachments: # 1 Attachment Index of Reply Exhibits, # 2 Exhibit Exhibit 54: Declaration of Anthony E. Rothert, # 3 Exhibit Exhibit 55: Dr. Skeeters Email re Weeded Books, # 4 Exhibit Exhibit 56: Garber Email to Bates re NCAC Letter, # 5 Exhibit Exhibit 57: Garber Email to Board re NCAC Letter)(Carney, Molly) (Entered: 04/07/2022)

1 Attachment Index of Reply Exhibits

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2 Exhibit Exhibit 54: Declaration of Anthony E. Rothert

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3 Exhibit Exhibit 55: Dr. Skeeters Email re Weeded Books

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4 Exhibit Exhibit 56: Garber Email to Bates re NCAC Letter

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5 Exhibit Exhibit 57: Garber Email to Board re NCAC Letter

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ENTRY of Appearance by Roger K. Heidenreich for Amicus Parties American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund. (TMT) (TMT). (Entered: 04/11/2022)

Consent MOTION for Leave to Submit the Amici Curiae Brief by Amicus Parties American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund. (Heidenreich, Roger) (Entered: 04/11/2022)

MEMORANDUM in Support of Motion re 11 MOTION for Preliminary Injunction filed by Amicus Parties American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund. (Heidenreich, Roger) (Entered: 04/11/2022)

Docket Text ORDER: IT IS HEREBY ORDERED that the joint motion of the American Booksellers for Free Expression, the Association of American Publishers, Inc., the Authors Guild, Inc., and the Comic Book Legal Defense Fund for leave to file a brief as amici curiae, Doc. 32, is GRANTED. Signed by District Judge Matthew T. Schelp on 4/12/2022. (BRP) (Entered: 04/12/2022)

A Docket Text Order

MOTION to Stay by Defendant Wentzville R-IV School District. (Marriott, Jeffrey) (Entered: 04/15/2022)

MEMORANDUM in Support of Motion re 35 MOTION to Stay filed by Defendant Wentzville R-IV School District. (Marriott, Jeffrey) (Entered: 04/15/2022)

REPLY to Response to Motion re 26 MOTION to Certify Class filed by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Carney, Molly) (Entered: 04/18/2022)

MEMORANDUM in Opposition re 35 MOTION to Stay filed by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Carney, Molly) (Entered: 04/29/2022)

MEMORANDUM in Support of Motion re 35 MOTION to Stay Reply Memorandum In Support of Motion For Stay filed by Defendant Wentzville R-IV School District. (Marriott, Jeffrey) (Entered: 05/09/2022)

ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Stay, Doc. 35, is DENIED. Signed by District Judge Matthew T. Schelp on 5/11/2022. (TMT) (Entered: 05/11/2022)

RULE 16 ORDER: This case is assigned to Track: Preliminary Track 3 (Complex) [SEE ORDER FOR COMPLETE DETAILS] (Joint Scheduling Plan due by 5/27/2022. Rule 16 Conference set for 6/2/2022 01:00 PM in Zoom Video Conference before District Judge Matthew T. Schelp.) Signed by District Judge Matthew T. Schelp on 5/11/2022. (TMT) (Entered: 05/11/2022)

JOINT SCHEDULING PLAN by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. . (Carney, Molly) (Entered: 05/27/2022)

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Matthew T. Schelp:Rule 16 Conference held on 6/2/2022. Conference held by Zoom video conference. The Court directs Plaintiffs to file a memorandum analyzing Rule 20, their addition of parties, see Doc. 6, and those parties' standing, no later than Monday, June 6, 2022. The Defendant shall respond in due course. The CMO shall be issued following the parties' submissions. (proceedings started: 1:00 PM) (proceedings ended: 1:10 PM) (Appearance for Plaintiff: Anthony Rothert, Vera Eidelman)(Appearance for Defendant: Jeffrey A. Marriott) (BRP) (Entered: 06/02/2022)

Rule 16 Conference

RESPONSE TO COURT ORDER by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Carney, Molly) (Entered: 06/06/2022)

RESPONSE TO COURT ORDER re 43 Rule 16 Conference,, Defendant's Response to Court Order Regarding Joinder and Standing by Defendant Wentzville R-IV School District. (Wilson, Matthew) (Entered: 06/09/2022)

***REMARK Re: # 45 The use of an attorney's electronic filing login and password to file a pleading, motion, memorandum or other document constitutes the signature of that attorney on that document for all purposes, including Fed.R.Civ.P. 11. (This document will be accepted by the Court, but for future filings please see Local Rule 11-2.11 located on the court website.) (KCD)

Remark

CASE MANAGEMENT ORDER: This case is assigned to Track: 3 (Complex) [SEE ORDER FOR COMPLETE DETAILS] (Motion to Join Parties due by 7/29/2022. Discovery Completion due by 11/18/2022. ADR Future Reference 9/9/2022. Dispositive Motions due by 2/24/2023. Bench Trial set for 10/2/2023 08:30 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Pretrial Compliance due by 9/12/2023. Motion in Limine due by 9/22/2023.) Signed by District Judge Matthew T. Schelp on 7/7/2022. (TMT) (Entered: 07/07/2022)

ORDER: IT IS HEREBY ORDERED that Plaintiffs C.K.-W. and D.L.'s Motion for Protective Order, Doc. 21, is GRANTED. Only the initials of the parents of C.K.-W. and D.L. may be used in any filing submitted in this case. Nothing herein relieves any party from any obligation under Local Rule 13.05. Signed by District Judge Matthew T. Schelp on July 11, 2022. (BRP) (Entered: 07/11/2022)

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs' Motion for Preliminary Injunction, Doc. 11, is DENIED. Signed by District Judge Matthew T. Schelp on 08/05/2022. (KCD) (Entered: 08/05/2022)

NOTICE OF INTERLOCUTORY APPEAL by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. Filing fee $ 505, receipt number AMOEDC-9488043. Appeal Record due by 9/16/2022. (Attachments: # 1 Attachment Memorandum and Order) (Entered: 09/02/2022)

1 Attachment Memorandum and Order

View on RECAP

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 48 Memorandum & Order. Notice of Appeal filed on 9-2-2022 by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JDC) (Entered: 09/06/2022)

Initial Notification from USCA for 49 Notice of Interlocutory Appeal, filed by C.K.-W., D.L., St. Charles County Missouri Unit of the National Association for the Advancement of Colored People, Missouri State Conference of the National Association for the Advancement of Colored People. USCA Appeal Number: 22-2885.(BRP) (Entered: 09/06/2022)

Briefing Schedule from USCA for 49 Notice of Interlocutory Appeal, filed by C.K.-W., D.L., St. Charles County Missouri Unit of the National Association for the Advancement of Colored People, Missouri State Conference of the National Association for the Advancement of Colored People. USCA Appeal Number: 22-2885 (See attached document for all other deadlines.)(BRP) (Entered: 09/06/2022)

Unopposed MOTION to Stay by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Carney, Molly) (Entered: 09/07/2022)

ORDER: IT IS HEREBY ORDERED that Plaintiffs' consent Motion to Stay, Doc. 53, is GRANTED, and this action and all deadlines within it are STAYED pending the outcome of Plaintiffs' appeal of this Court's denial of Plaintiffs' Motion for Preliminary Injunction or until further order of the Court. Signed by District Judge Matthew T. Schelp on September 9, 2022. (BRP) (Entered: 09/09/2022)

MOTION to Withdraw as Attorney ;attorney/firm Emily Lazaroff by Plaintiffs D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Lazaroff, Emily) (Entered: 09/14/2022)

Docket Text ORDER Re: 55 MOTION to Withdraw as Attorney; attorney/firm Emily Lazaroff by Plaintiffs D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 9/15/2022. (TMT) (Entered: 09/15/2022)

~Util - Add and Terminate Attorneys AND A Docket Text Order

Unopposed MOTION for Relief Directing Clerk of District Court to Forward Preliminary Injunction Exhibits to Clerk of Court of Appeals by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Carney, Molly) (Entered: 09/20/2022)

Records Transmittal re 49 Notice of Interlocutory Appeal : USCA Appeal #: 22-2885. The following has been forwarded to USCA: 25 Exhibits 1,2,3,4,5,6,7, and 8.(JWD) (Entered: 09/20/2022)

Docket Text ORDER Re: 57 Unopposed MOTION for Relief Directing Clerk of District Court to Forward Preliminary Injunction Exhibits to Clerk of Court of Appeals by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 9/20/2022. (TMT) (Entered: 09/20/2022)

A Docket Text Order

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Certify Class, Doc. 26, is DENIED without prejudice. Plaintiffs will be free to refile a Motion to Certify Class upon the lifting of the stay. Signed by District Judge Matthew T. Schelp on 11/3/2022. (TMT) (Entered: 11/03/2022)

A Docket Text Order

MOTION to Withdraw as Attorney ;attorney/firm Molly Carney by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Carney, Molly) (Entered: 11/16/2022)

ORDER of USCA : The motion to withdraw as retained counsel filed by Ms. Molly E. Carney is granted. Ms. Molly E. Carney for Missouri State Conference of the National Association for the Advancement of Colored People, C.K.-W., D.L. and St. Charles County Missouri Unit of the National Association for the Advancement of Colored People has been granted leave to withdraw from this case. USCA Appeal #: 22-2885 (KCD) (Entered: 11/17/2022)

USCA JUDGMENT : Appellants' motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b). This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals.(KCD) (Entered: 01/17/2023)

MANDATE of USCA USCA #:22-2885 In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. Appeal is dismissed. (KCD) (Entered: 01/17/2023)

ORDER: IT IS HEREBY ORDERED that the stay of this case previously entered by the Court is LIFTED in light of the receipt of the Judgment and Mandate of the United States Court of Appeals for the Eighth Circuit. IT IS FURTHER ORDERED that Plaintiffs shall file an amended joint proposed scheduling plan no later than Wednesday, February 01, 2023. See Docs. 41, 42 . (Joint Scheduling Plan due by 2/1/2023.) Signed by District Judge Matthew T. Schelp on 1/24/2023. (TMT) (Entered: 01/24/2023)

Records Transmittal Sheet re 49 Notice of Interlocutory Appeal: USCA Appeal #: 22-2885 - The following has been returned from USCA: Exhibits - 1 box.(TMT) (Entered: 01/31/2023)

JOINT SCHEDULING PLAN by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. . (Wilcox, Gillian) (Entered: 01/31/2023)

CASE MANAGEMENT ORDER: This case is assigned to Track: 3 (Complex) [SEE ORDER FOR COMPLETE DETAILS] (Motion to Join Parties due by 4/3/2023. Discovery Completion due by 12/8/2023. ADR Future Reference 7/18/2023. Dispositive Motions due by 1/12/2024. Bench Trial set for 6/3/2024 09:00 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp. Pretrial Compliance due by 5/13/2024. Motion in Limine due by 5/24/2024.) Signed by District Judge Matthew T. Schelp on 1/31/2023. (TMT) (Entered: 01/31/2023)

MOTION to Dismiss Case voluntary dismissal by Plaintiffs C.K.-W., D.L., Missouri State Conference of the National Association for the Advancement of Colored People, St. Charles County Missouri Unit of the National Association for the Advancement of Colored People. (Wilcox, Gillian) (Entered: 02/08/2023)

ORDER OF DISMISSAL: IT IS HEREBY ORDERED that Plaintiffs' unopposed Motion for Voluntary Dismissal, Doc. 69, is GRANTED. See E.D. Mo. L.R. 4.01(B). This action is DISMISSED without prejudice. Signed by District Judge Matthew T. Schelp on February 23, 2023. (BRP) (Entered: 02/23/2023)