Case: L.M. v. Town of Middleborough, Massachusetts

NOTICE OF ATTORNEY PAYMENT OF FEES by Plaintiff L. M. Filing fee $ 402, receipt number AMADC-9859883. Payment Type : INITIATING DOCUMENT. (Beckwith, Andrew) Modified on 5/18/2023: Corrected filing party name (Kelly, Danielle). (Entered: 05/17/2023)

Notice of Case Assignment

COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9859942 (Fee Status: Filing Fee paid), filed by L.M. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit SCSD Policy CB, # 4 Exhibit SCSD Policy CH, # 5 Exhibit NMS Handbook 22 -23, # 6 Exhibit 2022.06.03 Tiger Times, # 7 Exhibit Morrison and Lyons emails, # 8 Exhibit 2023.04.27 Letter, # 9 Exhibit 2023.05.04 Letter)(Beckwith, Andrew) Modified on 5/18/2023: Corrected filing party name (Kelly, Danielle). (Entered: 05/17/2023)

3 Exhibit SCSD Policy CB

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4 Exhibit SCSD Policy CH

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5 Exhibit NMS Handbook 22 -23

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6 Exhibit 2022.06.03 Tiger Times

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ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 05/17/2023)

This document has been STRICKEN from the record pursuant to Electronic Order [#10]. Summons Issued as to Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Dore, Samantha) Modified on 5/19/2023 (Kelly, Danielle). (Entered: 05/17/2023)

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by L. M..(Beckwith, Andrew) (Entered: 05/18/2023)

Emergency MEMORANDUM in Support re 5 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by L. M.. (Beckwith, Andrew) (Entered: 05/18/2023)

MOTION for Leave to Appear Pro Hac Vice for admission of P. Logan Spena Filing fee: $ 125, receipt number AMADC-9863017 by L. M..(Beckwith, Andrew) (Additional attachment(s) added on 5/19/2023: # 1 Declaration of P. Logan Spena) (Kelly, Danielle). (Main Document 7 replaced on 5/19/2023) (Kelly, Danielle). Modified on 5/19/2023: Removed declaration from main document to properly file as an attachment (Kelly, Danielle). (Entered: 05/18/2023)

1 Declaration of P. Logan Spena

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MOTION for Leave to Appear Pro Hac Vice for admission of Tyson C. Langhofer Filing fee: $ 125, receipt number AMADC-9863020 by L. M..(Beckwith, Andrew) (Additional attachment(s) added on 5/19/2023: # 1 Declaration of Tyson C. Langhofer) (Kelly, Danielle). (Main Document 8 replaced on 5/19/2023) (Kelly, Danielle). Modified on 5/19/2023: Removed declaration from main document to properly file as an attachment (Kelly, Danielle). (Entered: 05/18/2023)

1 Declaration of Tyson C. Langhofer

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MOTION for Leave to Appear Pro Hac Vice for admission of David Cortman Filing fee: $ 125, receipt number AMADC-9863024 by L. M..(Beckwith, Andrew) (Additional attachment(s) added on 5/19/2023: # 1 Declaration of David Cortman) (Kelly, Danielle). (Main Document 9 replaced on 5/19/2023) (Kelly, Danielle). Modified on 5/19/2023: Removed declaration from main document to properly file as an attachment (Kelly, Danielle). (Entered: 05/18/2023)

1 Declaration of David Cortman

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Judge Indira Talwani: ELECTRONIC ORDER: the clerk shall seal the Complaint 2, Emergency Motion 5, Emergency Memorandum 6, and Motion for Leave to Appear 7, 8, 9 . Federal Rule of Civil Procedure 5.2(a) mandates that "[u]nless the court orders otherwise, in an electronic or paper filing with the court that contains... the name of an individual known to be a minor..., a party or nonparty making the filing may include only:... (3) the minor's initials[.]" The referenced documents were all filed with a minor's full name in violation of this rule. Counsel may refile the documents, substituting the minor's initials for the minor's name throughout, and removing the minor's photograph (or blurring or covering the minor's picture in the photograph), and with regard to the motion for leave to appear pro hac vice, certifying counsel's understanding of Federal Rule of Civil Procedure 5.2(a). The clerk shall strike the summonses issued, and issue new summonses using the minor's initials after the Complaint is refiled in accordance with this order. Plaintiffs' counsel shall promptly serve a copy of this order on all parties and counsel provided copies of the sealed filings. (Kelly, Danielle) (Entered: 05/19/2023)

Order

Notice Setting or Resetting Hearing on Motion

COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9864623 (Fee Status: Filing Fee paid), filed by L. M.. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit A - SCSD Policy CB, # 4 Exhibit B - SCSD Policy CH, # 5 Exhibit C - NMS Handbook 22 -23, # 6 Exhibit D - 2022.06.03 Tiger Times,, # 7 Exhibit E - Morrison and Lyons emails, # 8 Exhibit F - 2023.04.27 Letter, # 9 Exhibit G - 2023.05.04 Letter)(Beckwith, Andrew) (Attachment 7 replaced on 6/14/2023) (Kelly, Danielle). (Entered: 05/19/2023)

1 Civil Cover Sheet

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2 Category Form

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3 Exhibit A - SCSD Policy CB

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4 Exhibit B - SCSD Policy CH

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5 Exhibit C - NMS Handbook 22 -23

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6 Exhibit D - 2022.06.03 Tiger Times,

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7 Exhibit E - Morrison and Lyons emails

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8 Exhibit F - 2023.04.27 Letter

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9 Exhibit G - 2023.05.04 Letter

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Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by L. M..(Beckwith, Andrew) (Entered: 05/19/2023)

Emergency MEMORANDUM in Support re 12 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by L. M.. (Beckwith, Andrew) (Entered: 05/19/2023)

MOTION for Leave to Appear Pro Hac Vice for admission of David Cortman Filing fee: $ 125, receipt number AMADC-9864849 by L. M..(Beckwith, Andrew) (Entered: 05/19/2023)

MOTION for Leave to Appear Pro Hac Vice for admission of P. Logan Spena Filing fee: $ 125, receipt number AMADC-9864868 by L. M..(Beckwith, Andrew) (Entered: 05/19/2023)

MOTION for Leave to Appear Pro Hac Vice for admission of Tyson C. Langhofer Filing fee: $ 125, receipt number AMADC-9864878 by L. M..(Beckwith, Andrew) (Entered: 05/19/2023)

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Kelly, Danielle) (Entered: 05/19/2023)

Judge Indira Talwani: ELECTRONIC ORDER Defendants shall file their opposition to Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction 12 no later than May 26, 2023. The clerk shall set the matter for an expedited hearing on May 31, 2023, at 9:30 a.m. Plaintiff shall promptly serve notice of this electronic order and the clerk's notice of hearing on the Defendants. (Kelly, Danielle) (Entered: 05/19/2023)

ELECTRONIC NOTICE Setting Hearing on Motion 12 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction : Motion Hearing set for 5/31/2023 09:30 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (Kelly, Danielle) (Entered: 05/19/2023)

Judge Indira Talwani: ELECTRONIC ORDER allowing 14 Motion for Leave to Appear Pro Hac Vice Added David Cortman; allowing 15 Motion for Leave to Appear Pro Hac Vice Added P. Logan Spena; allowing 16 Motion for Leave to Appear Pro Hac Vice Added Tyson C. Langhofer. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) (Entered: 05/22/2023)

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

NOTICE of Appearance by David A. Cortman on behalf of L. M. (Cortman, David) (Entered: 05/23/2023)

Order

NOTICE of Appearance by Paul Logan Spena on behalf of L. M. (Spena, Paul) (Entered: 05/23/2023)

First MOTION to Continue Defendants' deadline to file response to motion for preliminary injunction (May 26, 2023) and hearing on same (May 31, 2023) to June 9, 2023 and June 15, 2023 by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker.(Gee, Garrett) (Entered: 05/23/2023)

CERTIFICATE OF SERVICE pursuant to LR 5.2 by L. M. re 19 Notice of Hearing on Motion, 16 MOTION for Leave to Appear Pro Hac Vice for admission of Tyson C. Langhofer Filing fee: $ 125, receipt number AMADC-9864878, 12 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction, 14 MOTION for Leave to Appear Pro Hac Vice for admission of David Cortman Filing fee: $ 125, receipt number AMADC-9864849, 13 Memorandum in Support of Motion, 18 Order,, Set Motion and R&R Deadlines/Hearings, 17 Summons Issued, 15 MOTION for Leave to Appear Pro Hac Vice for admission of P. Logan Spena Filing fee: $ 125, receipt number AMADC-9864868, 11 Complaint, 10 Order,,,,, . (Spena, Paul) (Entered: 05/23/2023)

Judge Indira Talwani: ELECTRONIC ORDER: the clerk shall place under seal Defendants' Motion to Continue 23 . Federal Rule of Civil Procedure 5.2(a) mandates that "[u]nless the court orders otherwise, in an electronic or paper filing with the court that contains... the name of an individual known to be a minor..., a party or nonparty making the filing may include only:... (3) the minor's initials[.]" Here, the original Complaint included the minor Plaintiff's full name, without redaction and was not filed under seal. Rule 5.2(h) provides that “[a] person waives the protection of Rule 5.2(a) as to the person’s own information by filing it without redaction and not under seal.” Despite this waiver, because the person whose information is to be protected under this rule is a minor, the court directed the clerk to seal Plaintiff’s documents filed in violation of Rule 5.2(a) and allowed Plaintiff to refile the documents, substituting the minor's initials for the minor's name throughout, and removing the minor's photograph (or blurring or covering the minor's picture in the photograph). See Order [Doc. No. 10]. Defendants shall similarly comply with Rule 5.2(a) and may refile their motion, substituting the minor's initials for the minor's name throughout.Plaintiff shall file any opposition to the requested extension no later than close of business on May 24, 2023, addressing specifically Defendants’ assertion that Plaintiff has anticipated filing a lawsuit against Defendants for nearly two full months. See Motion ¶ 2.d 23 . (Kelly, Danielle) (Entered: 05/23/2023)

First MOTION to Continue Defendants' deadline to file response to motion for preliminary injunction (May 26, 2023) and hearing on same (May 31, 2023) to June 9, 2023 and June 15, 2023 by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker.(Gee, Garrett) (Entered: 05/23/2023)

NOTICE of Appearance by John M. Simon on behalf of Carolyn J. Lyons, Middleborough School Committee, Heather Tucker (Simon, John) (Entered: 05/23/2023)

NOTICE of Appearance by Kay H. Hodge on behalf of Carolyn J. Lyons, Middleborough School Committee, Heather Tucker (Hodge, Kay) (Entered: 05/23/2023)

NOTICE of Appearance by Tyson Charles Langhofer on behalf of L. M. (Langhofer, Tyson) (Entered: 05/24/2023)

Judge Indira Talwani: ELECTRONIC ORDER granting in part and denying in part Defendants' Joint Motion to Continue Preliminary Injunction Deadlines 26. The hearing on Plaintiff L.M.s Emergency Motion 12 set for May 31, 2023, at 9:30 a.m., will proceed as scheduled but shall be limited to the request for a Temporary Restraining Order ("TRO"). Defendants may present their opposition to a TRO at that hearing rather than in advance of the hearing. The time for Defendants to respond to Plaintiffs' Motion for a Preliminary Injunction 12 is extended to June 9, 2023, and a hearing on the motion for a preliminary injunction will be set for June 13, 2023, at 11:30 a.m. (Responses due by 6/9/2023, Motion Hearing set for 5/31/2023 09:30 AM in Courtroom 9 (In person only) before Judge Indira Talwani; Motion Hearing set for 6/13/2023 11:30 AM in Courtroom 9 (In person only) before Judge Indira Talwani.) (MacDonald, Gail)

Opposition re 26 First MOTION to Continue Defendants' deadline to file response to motion for preliminary injunction (May 26, 2023) and hearing on same (May 31, 2023) to June 9, 2023 and June 15, 2023 filed by L. M.. (Langhofer, Tyson) (Entered: 05/24/2023)

Judge Indira Talwani: ELECTRONIC ORDER granting in part and denying in part Defendants' Joint Motion to Continue Preliminary Injunction Deadlines 26 . The hearing on Plaintiff L.M.s Emergency Motion 12 set for May 31, 2023, at 9:30 a.m., will proceed as scheduled but shall be limited to the request for a Temporary Restraining Order ("TRO"). Defendants may present their opposition to a TRO at that hearing rather than in advance of the hearing. The time for Defendants to respond to Plaintiffs' Motion for a Preliminary Injunction 12 is extended to June 9, 2023, and a hearing on the motion for a preliminary injunction will be set for June 13, 2023, at 11:30 a.m. (Responses due by 6/9/2023, Motion Hearing set for 5/31/2023 09:30 AM in Courtroom 9 (In person only) before Judge Indira Talwani; Motion Hearing set for 6/13/2023 11:30 AM in Courtroom 9 (In person only) before Judge Indira Talwani.) (MacDonald, Gail)

NOTICE of Appearance by Gregg J. Corbo on behalf of Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker (Corbo, Gregg) (Additional attachment(s) added on 5/31/2023: # 1 REDACTED Notice of Appearance) (Kelly, Danielle). (Entered: 05/25/2023)

1 REDACTED Notice of Appearance

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NOTICE of Appearance by Deborah I. Ecker on behalf of Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker (Ecker, Deborah) (Additional attachment(s) added on 5/31/2023: # 1 REDACTED Notice of Appearance) (Kelly, Danielle). (Entered: 05/25/2023)

1 REDACTED Notice of Appearance

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MEMORANDUM in Opposition re 12 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker. (Attachments: # 1 Exhibit, # 2 Exhibit)(Ecker, Deborah) (Entered: 05/31/2023)

Order

Judge Indira Talwani: ELECTRONIC ORDER: the clerk shall place under seal Defendants' Memorandum 33 and attached exhibits. Federal Rule of Civil Procedure 5.2(a) mandates that "[u]nless the court orders otherwise, in an electronic or paper filing with the court that contains... the name of an individual known to be a minor..., a party or nonparty making the filing may include only:... (3) the minor's initials[.]" Here, the original Complaint included the minor Plaintiff's full name, without redaction and was not filed under seal. Rule 5.2(h) provides that “[a] person waives the protection of Rule 5.2(a) as to the person’s own information by filing it without redaction and not under seal.” Despite this waiver, because the person whose information is to be protected under this rule is a minor, the court directed the clerk to seal Plaintiff’s documents filed in violation of Rule 5.2(a) and allowed Plaintiff to refile the documents, substituting the minor's initials for the minor's name throughout, and removing the minor's photograph (or blurring or covering the minor's picture in the photograph), see Order 10, and previously directed Defendants to similarly comply with Rule 5.2(a) in connection with Defendants’ Motion to Continue 23, see Order 25 .Defendants may refile their Memorandum 33 and exhibits, substituting the minor's initials for the minor's name throughout. (Kelly, Danielle) (Entered: 05/31/2023)

MEMORANDUM in Opposition re 12 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker. (Ecker, Deborah) (Entered: 05/31/2023)

AFFIDAVIT in Support re 35 Memorandum in Opposition to Motion, . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ecker, Deborah) (Entered: 05/31/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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AFFIDAVIT in Support re 35 Memorandum in Opposition to Motion, . (Attachments: # 1 Exhibit A)(Ecker, Deborah) (Entered: 05/31/2023)

1 Exhibit A

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Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 5/31/2023 re 12 Emergency MOTION for Temporary Restraining Order filed by L.M. Case called. Court heard argument from counsel. Counsel were reminded that per the rules of the Court all filings must only include the minor's initials, not the minor's first name. TRO denied w/o prejudice. Any additional briefing regarding speech due 6/6/2023. PI Motion Hearing set for 6/13/2023 11:30 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Andrew D. Beckwith, David A. Cortman, Tyson Charles Langhofer Paul Logan Spena, Gregg J. Corbo, Deborah I. Ecker) (MacDonald, Gail) (Entered: 06/01/2023)

Judge Indira Talwani: ELECTRONIC ORDER Plaintiff’s Emergency Motion for Temporary Restraining Order and Preliminary Injunction 12 is DENIED as to the temporary restraining order without prejudice. The Motion remains pending as to the request for a preliminary injunction.Plaintiff has not demonstrated sufficient grounds for immediate injunctive relief before a full review of the facts and legal arguments where (i) Plaintiff’s delay in filing his Motion 12 for nearly two months from the March 21, 2023 incident in which he alleges his speech was unconstitutionally restricted undermines the urgency of his claims; (ii) Plaintiff’s speech outside of school hours has not been limited; and (iii) the court has scheduled a prompt further hearing so that the motion for a preliminary injunction may be resolved prior to the end of the academic year. (Kelly, Danielle) (Entered: 06/01/2023)

Order

Motion Hearing

Transcript of Motion Hearing held on May 31, 2023, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 6/23/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/31/2023. (McDonagh, Christina) (Entered: 06/05/2023)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) (Entered: 06/05/2023)

Notice of Filing of Official Transcript

Supplemental MEMORANDUM in Support re 12 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by L. M.. (Spena, Paul) (Entered: 06/06/2023)

AFFIDAVIT in Support re 12 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by L. M.. (Spena, Paul) (Entered: 06/06/2023)

MEMORANDUM in Opposition re 12 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker. (Ecker, Deborah) (Entered: 06/09/2023)

AFFIDAVIT of Carolyn J. Lyons re 44 Memorandum in Opposition to Motion, by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ecker, Deborah) Modified on 6/14/2023: corrected docket text to reflect exhibit names (Kelly, Danielle). (Entered: 06/09/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Second AFFIDAVIT of Heather Tucker re 44 Memorandum in Opposition to Motion, by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker. (Attachments: # 1 Exhibit A)(Ecker, Deborah) Modified on 6/14/2023: Corrected docket text to reflect exhibit name (Kelly, Danielle). (Entered: 06/09/2023)

1 Exhibit A

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AFFIDAVIT of Jason Carroll re 44 Memorandum in Opposition to Motion, by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker. (Ecker, Deborah) Modified on 6/14/2023: corrected docket text (Kelly, Danielle). (Entered: 06/09/2023)

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 6/13/2023 re 5 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by L.M. Case called. Court heard argument from counsel. Motion taken under advisement. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Tyson Charles Langhofer, Paul Logan Spena, Gregg J. Corbo, Deborah I. Ecker) (MacDonald, Gail) (Entered: 06/14/2023)

Motion Hearing

Transcript of Motion Hearing held on June 13, 2023, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (McDonagh, Christina) (Entered: 06/16/2023)

Notice of Filing of Official Transcript

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) (Entered: 06/16/2023)

Judge Indira Talwani: MEMORANDUM AND ORDER entered denying 12 Motion for Preliminary Injunction. See attached Memorandum and Order. (Talwani, Indira) (Main Document 51 replaced on 6/17/2023, with corrected version) (MacDonald, Gail). (Entered: 06/16/2023)

SEE attached NOTICE of Scheduling Conference. When filing the Joint Statement, counsel should submit a proposed scheduling order using the template attached to this NOTICE. Scheduling Conference set for 7/12/2023 11:30 AM in Courtroom 9 (Remote only) before Judge Indira Talwani. This proceeding will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (MacDonald, Gail) (Entered: 06/21/2023)

NOTICE OF INTERLOCUTORY APPEAL as to 51 Order on Motion for TRO by L. M.. ( (Fee Status: Filing Fee paid)) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 7/13/2023. (Spena, Paul) (Entered: 06/23/2023)

NOTICE OF ATTORNEY PAYMENT OF FEES as to 53 Notice of Interlocutory Appeal,,, by Plaintiff L. M.. Filing fee $ 505, receipt number AMADC-9916966. Payment Type : APPEAL. (Spena, Paul) (Entered: 06/23/2023)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 53 Notice of Interlocutory Appeal. (Paine, Matthew) (Entered: 06/26/2023)

USCA Case Number

USCA Case Number 23-1535 for 53 Notice of Interlocutory Appeal, filed by L. M.. (Paine, Matthew) (Entered: 06/26/2023)

Joint MOTION to Stay re 52 Notice of Scheduling Conference,,,, and All Other Proceedings Pending Appeal by L. M..(Spena, Paul) (Entered: 06/26/2023)

Judge Indira Talwani: ELECTRONIC ORDER: converting the scheduling conference set for July 12, 2023, at 11:30 a.m. to a hearing (remote) on Joint Motion to Stay 57 . The parties should be prepared to address proceeding on an expedited schedule to allow for a trial on the merits in August 2023 as an alternative to a stay. (Kelly, Danielle) (Entered: 06/27/2023)

Order Setting Hearing on Motion

Defendant's ANSWER to 11 Complaint,, with Jury Demand by Carolyn J. Lyons, Middleborough School Committee, Town of Middleborough, Massachusetts, Heather Tucker.(Ecker, Deborah) (Entered: 06/30/2023)

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 7/12/2023 re 57 Joint MOTION to Stay re 52 Notice of Scheduling Conference and All Other Proceedings Pending Appeal filed by L. M. Case called. Court heard argument from counsel. Joint MOTION to Stay 57 denied without prejudice. Counsel stated they will confer and by 7/19/2023, will file a motion to enter final judgment based on the factual record established during the preliminary injunction proceedings. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Tyson Charles Langhofer, Paul Logan Spena, Gregg J. Corbo, Garrett A.D. Gee) (MacDonald, Gail) (Entered: 07/14/2023)

Motion Hearing AND Order on Motion to Stay

Joint MOTION for Judgment as a Matter of Law Based on the Court's Preliminary Injunction Ruling by L. M..(Spena, Paul) (Entered: 07/17/2023)

Judge Indira Talwani: ELECTRONIC ORDER granting the parties' Joint Motion for Entry of Final Judgment [Doc. No. 61 ]. (Kelly, Danielle) (Entered: 07/19/2023)

Order on Motion for Judgment as a Matter of Law

Judge Indira Talwani: ORDER entered. FINAL JUDGMENT. Please see attached. (Kelly, Danielle) (Entered: 07/19/2023)

NOTICE OF APPEAL as to 63 Judgment by L. M. Filing fee: $ 505, receipt number AMADC-9977737 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 8/24/2023. (Spena, Paul) (Entered: 08/04/2023)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 64 Notice of Appeal. (Pacho, Arnold) (Entered: 08/04/2023)

USCA Case Number 23-1645 for 64 Notice of Appeal, filed by L. M.. (Paine, Matthew) (Entered: 08/07/2023)

USCA Case Number

OPINION of USCA as to 53 Notice of Interlocutory Appeal, filed by L. M., 64 Notice of Appeal, filed by L. M.. (Paine, Matthew) (Entered: 06/10/2024)

USCA Judgment as to 53 Notice of Interlocutory Appeal, filed by L. M., 64 Notice of Appeal, filed by L. M.. AFFIRMED... (Paine, Matthew) (Entered: 06/10/2024)

MANDATE of USCA as to 53 Notice of Interlocutory Appeal, filed by L. M., 64 Notice of Appeal, filed by L. M.. Appeal 64, 53 Terminated (Paine, Matthew) (Entered: 07/03/2024)

Case Appealed to Supreme Court of the United States, Case Number 24-410. (Paine, Matthew) (Entered: 10/18/2024)

Writ of Certiorari Denied - Supreme Court