Case: Fuller v. Warren County Educational Service Center

COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8388617), filed by Mark Linquist, Nick Evans, Akeem Fuller. (Attachments: # 1 Civil Cover Sheet) (Mezibov, Marc) (Entered: 07/02/2021)

If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc)

Docket Annotation

MOTION for Preliminary Injunction by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 07/09/2021)

NOTICE of Appearance by Bernard W Wharton for Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center (Wharton, Bernard) (Entered: 07/14/2021)

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/19/2021; Marc Mezibov and Daniel Treadaway appeared for plaintiff; Bernard Wharton appeared for defendants; the parties shall confer regarding the pending 2 Motion for Preliminary Injunction and follow up for a Status Conference set for 7/21/2021 at 09:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 7/16/2021 for conferencing instructions. (ba)

~Util - Set Hearings AND Status Conference

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/21/2021 re 2 MOTION for Preliminary Injunction filed by Nick Evans, Akeem Fuller, Mark Linquist; Marc Mezibov and Daniel Treadaway appeared for plaintiffs; Bernard Wharton appeared for defendants; Responses due by 8/6/2021; Replies due by 8/10/2021 and a Motion Hearing is set for 8/23/2021 at 01:00 PM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett re 2 MOTION for Preliminary Injunction; TRO ruling to follow. (ba) Modified on 7/21/2021 (ba) to edit text and regenerate a NEF.

~Util - Set Motion and R&R Deadlines/Hearings AND Motion Hearing

WAIVER OF SERVICE Returned Executed. Waiver sent to Wiley Collett on 7/2/2021, answer due 8/31/2021; Alisha Dean on 7/2/2021, answer due 8/31/2021; Tom Isaacs on 7/2/2021, answer due 8/31/2021; Warren County Educational Service Center on 7/2/2021, answer due 8/31/2021. (Mezibov, Marc) (Entered: 07/27/2021)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Attachments: # 1 Exhibit Memo Exhibit A, # 2 Exhibit Memo Exhibit B, # 3 Exhibit Memo Exhibit C, # 4 Affidavit Affidavit of Thomas Isaacs, # 5 Exhibit Affidavit Exhibit 1, # 6 Exhibit Affidavit Exhibit 2, # 7 Exhibit Affidavit Exhibit 3, # 8 Exhibit Affidavit Exhibit 4, # 9 Exhibit Affidavit Exhibit 5) (Wharton, Bernard) (Entered: 08/06/2021)

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/10/2021)

NOTICE OF FILING DEPOSITION of Nick Evans by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Attachments: # 1 Deposition Transcript of Nick Evans) (Wharton, Bernard) (Entered: 08/18/2021)

NOTICE OF FILING DEPOSITION of Akeem Fuller by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Attachments: # 1 Deposition Transcript of Akeem Fuller) (Wharton, Bernard) (Entered: 08/18/2021)

NOTICE OF FILING DEPOSITION of Mark Linquist by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Attachments: # 1 Deposition Transcript of Mark Linquist) (Wharton, Bernard) (Entered: 08/18/2021)

NOTICE OF FILING DEPOSITION of Tom Isaacs, Patrick Pare, Christina Even, Michael Bidwell, Wiley Collett, and Alisha Dean by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)

DEPOSITION of Tom Isaacs taken on 08/06/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Attachments: # 1 Exhibit 15) (Mezibov, Marc) (Entered: 08/18/2021)

DEPOSITION of Patrick Pare taken on 08/06/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)

DEPOSITION of Christina Even taken on 08/11/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)

DEPOSITION of Michael Bidwell taken on 08/11/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)

DEPOSITION of Wiley Collett taken on 08/06/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)

DEPOSITION of Alisha Dean taken on 08/06/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/20/2021 re 2 MOTION for Preliminary Injunction filed by Nick Evans, Akeem Fuller, Mark Linquist; Marc Mezibov and Daniel Treadway appeared for plaintiff, Bernard Wharton appeared for defendant; logistics and format discussed for hearing set 8/23/21 at 1:00pm before the Honorable Michael R. Barrett, courtroom 109. (kkz) (Entered: 08/20/2021)

Motion Hearing

Minute Entryfor proceedings held before Judge Michael R. Barrett: Motion Hearing held on 8/23/2021 re 2 MOTION for Preliminary Injunction; counsel present; witness testimony with exhibits admitted; parties agree to post hearing briefs; Plaintiff's opening brief due 9/17/2021; Defendant's Response due by 10/1/2021, Plaintiff's Reply due by 10/8/2021; Order to follow. (Court Reporter: Maryann Maffia) (kkz) (Entered: 08/23/2021)

ANSWER to 1 Complaint filed by Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare. (Wharton, Bernard) (Entered: 08/27/2021)

ANSWER to 1 Complaint filed by Warren County Educational Service Center. (Wharton, Bernard) (Entered: 08/27/2021)

NOTICE of Deadline: Rule 26 Meeting Report due by 9/20/2021. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (kkz)

Notice of Deadline

Transcript of Proceedings, hearing on Motion for Preliminary Injunction, held on August 23, 2021, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 9/28/2021. Redacted Transcript Deadline set for 10/8/2021. Release of Transcript Restriction set for 12/6/2021. (Maffia, Maryann) (Entered: 09/07/2021)

NOTICE by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist of Filing Deposition Exhibits (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14) (Mezibov, Marc) (Entered: 09/17/2021)

BRIEF by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 09/17/2021)

RULE 26(f) REPORT JOINT DISCOVERY PLAN by Defendant Warren County Educational Service Center. (Wharton, Bernard) (Entered: 09/20/2021)

CALENDAR ORDER: Motions to Amend due by 10/1/2021. Motions directed to pleadings due by 11/12/2021. Status Conference set for 10/14/2021 at 01:00 PM by Teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 12/17/2021. Defendant Primary Expert due by 2/11/2022. Disclosure of Non-Expert (Fact) Witness due by 11/5/2021. Rebuttal Expert due by 3/11/2022. Discovery due by 3/4/2022. Dispositive motions due by 4/8/2022. Settlement Conference set for 5/24/2022 at 01:00 PM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 9/28/2022 at 02:00 PM in Chambers before Judge Michael R. Barrett. Jury Trial 04/2023. Signed by Judge Michael R. Barrett on 09/28/2021. (kkz) (Entered: 09/28/2021)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction Defendants' Posthearing Brief Opposing Plaintiffs' Motion for Preliminary Injunction filed by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Wharton, Bernard) (Entered: 10/01/2021)

MOTION for Extension of Time to File Response/Reply as to 27 Response in Opposition to Motion, New date requested 10/12/2021. by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 10/08/2021)

REPLY TO DEFENDANTS' POSTHEARING 27 BRIEF OPPOSING PLAINTIFFS' 2 MOTION FOR PRELIMINARY INJUNCTION by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) Modified docket text and created link to motion on 10/12/2021 (eh). (Entered: 10/11/2021)

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/14/2021; Marc Mezibov appeared for plaintiff; Bernard Wharton appeared for defendant; Court orally grants 28 Plaintiff's Motion for Extension of Time; case to proceed as discussed. (kkz) Modified for text on 10/14/2021 (kkz).

Status Conference

NOTICE by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist of Withdrawal of Co-Counsel (Treadaway, Daniel) (Entered: 10/21/2021)

[FORMER DOC. 31 - PLEASE DISREGARD. FILED IN ERROR.] NOTICE by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center Disclosure of Non-Expert (Fact) Witness (Wharton, Bernard) Modified docket text and document security on 11/4/2021 (eh). (Entered: 11/03/2021)

NOTICE by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center Disclosure of Non-Expert (Fact) Witnesses (Wharton, Bernard) (Entered: 11/03/2021)

Notice of Correction: Please disregard [FORMER DOC. 31] - wrong pdf attached. See doc. 32 for corrected filing. (eh)

Notice of Corrective Docket Entry

ORDER granting 2 Motion for Preliminary Injunction; Defendants are hereby preliminarily enjoined from enforcing the policy banning employees from wearing any clothes or accessories with controversial social or political messages. (kkz) (Entered: 02/14/2022)

NOTICE OF APPEAL re 33 Order on Motion for Preliminary Injunction (Filing fee has been paid, receipt number AOHSDC-8766949) by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. Appeal Record due by 3/16/2022. (Wharton, Bernard) (Entered: 03/11/2022)

MOTION to Stay re 33 Order on Motion for Preliminary Injunction by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Wharton, Bernard) (Entered: 03/16/2022)

USCA Case Number 22-3228 for 34 Notice of Appeal, filed by Warren County Educational Service Center, Wiley Collett, Tom Isaacs, Alisha Dean, Pat Pare. (pb) (Entered: 03/17/2022)

NOTICE of Hearing: Please be aware that a Status Conference is set for 3/30/2022 at 11:30 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/28/2021 for conferencing instructions. (kkz)

Notice of Hearing

RESPONSE in Opposition re 35 MOTION to Stay re 33 Order on Motion for Preliminary Injunction filed by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 03/29/2022)

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/30/2022; Marc Mezibov appeared for plaintiffs; Bernard Wharton appeared for defendants; case matters discussed; counsel to confer with clients and follow up with law clerk if status conference is needed. (kkz)

Status Conference

NOTICE TERMINATING DEADLINES/HEARINGS - Settlement Conference set for 5/24/2022 is hereby terminated. (kkz)

Notice Terminating Deadlines/Hearings

NOTICE TERMINATING DEADLINES/HEARINGS - Please be aware that the Final Pretrial Conference set for 9/28/22 is hereby terminated. (kkz)

Notice Terminating Deadlines/Hearings

ORDER of USCA as to 34 Notice of Appeal filed by Warren County Educational Service Center, Wiley Collett, Tom Isaacs, Alisha Dean & Pat Pare: The parties have stipulated for the appeal to be dismissed. Note: No Mandate to issue. (er) (Entered: 10/23/2022)

STIPULATION of Dismissal With Prejudice by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Wharton, Bernard) (Entered: 03/29/2023)

Terminate Civil Case

***Civil Case Terminated per doc 39 . (kh)