Case: Bloch v. Bouchey

VERIFIED COMPLAINT against Heather Bouchey, Jay Nichols, Sherry Sousa, Windsor Central Supervisory Union Board filed by David J. Bloch. Summons issued. (Attachments: # 1 Civil Cover Sheet)(law) (Additional attachment(s) added on 7/18/2023: # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12) (law). (Entered: 07/18/2023)

MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by David J. Bloch. (Attachments: # 1 Memorandum in Support, # (law) Exhibits removed and appended to Document 1 on 7/18/2023 (law). (Entered: 07/18/2023)

MOTION for Admission Pro Hac Vice of Tyson C. Langhofer, Esq. filed by David J. Bloch (Attachments: # 1 Affidavit of Tyson C. Langhofer, Esq., # 2 Certificate of Good Standing)(jlh) (Entered: 07/18/2023)

MOTION for Admission Pro Hac Vice of Mathew W. Hoffman, Esq. filed by David J. Bloch (Attachments: # 1 Affidavit of Mathew W. Hoffman, Esq., # 2 Certificate of Good Standing)(jlh) (Entered: 07/18/2023)

ORDER GRANTING 3 Motion for Admission Pro Hac Vice of Tyson C. Langhofer, Esq. Signed by Judge Christina Reiss on 7/18/2023. (This is a text-only Order.) (ejh) (Entered: 07/18/2023)

Order on Motion for Admission Pro Hac Vice

ORDER GRANTING 4 Motion for Admission Pro Hac Vice of Mathew W. Hoffman, Esq. Signed by Judge Christina Reiss on 7/18/2023. (This is a text-only Order.) (ejh) (Entered: 07/18/2023)

SUMMONS RETURNED Executed. Heather Bouchey served on 7/19/2023, answer due 8/9/2023.(Hoffmann, Mathew) (Entered: 07/20/2023)

SUMMONS RETURNED Executed. Jay Nichols served on 7/19/2023, answer due 8/9/2023.(Hoffmann, Mathew) (Entered: 07/20/2023)

SUMMONS RETURNED Executed. Sherry Sousa served on 7/19/2023, answer due 8/9/2023.(Hoffmann, Mathew) (Entered: 07/20/2023)

SUMMONS RETURNED Executed. Windsor Central Supervisory Union Board served on 7/19/2023, answer due 8/9/2023.(Hoffmann, Mathew) (Entered: 07/20/2023)

NOTICE OF APPEARANCE by Steven J. Zakrzewski, Esq on behalf of Jay Nichols.(Zakrzewski, Steven) (Entered: 07/31/2023)

JOINT MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by Jay Nichols. (Zakrzewski, Steven) Duplicative text removed on 8/2/2023 (law). (Entered: 08/01/2023)

Order on Motion for Extension of Time to Answer

STIPULATED MOTION for Extension of Time to File Answer re 1 Complaint filed by Jay Nichols. (Zakrzewski, Steven) Text clarified on 8/2/2023 (law). (Entered: 08/01/2023)

ORDER GRANTING 13 Stipulated Motion for Extension of Time to Answer the 1 Complaint. Signed by Judge Christina Reiss on 8/1/2023. (This is a text-only Order.) (ejh) (Entered: 08/01/2023)

NOTICE OF APPEARANCE by Eleanor L. Spottswood, Esq on behalf of Heather Bouchey.(Spottswood, Eleanor) (Entered: 08/01/2023)

NOTICE OF APPEARANCE by Pietro J. Lynn, Esq on behalf of Sherry Sousa, Windsor Central Supervisory Union Board.(Lynn, Pietro) (Entered: 08/02/2023)

NOTICE OF APPEARANCE by Sean Toohey, Esq on behalf of Sherry Sousa, Windsor Central Supervisory Union Board.(Toohey, Sean) (Entered: 08/02/2023)

SUMMONS RETURNED Executed. Heather Bouchey served on 8/1/2023, answer due 9/8/2023.(Hoffmann, Mathew) (Entered: 08/03/2023)

RESPONSE to 12 JOINT MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by David J. Bloch. (Hoffmann, Mathew) (Entered: 08/04/2023)

DECLARATION of Mathew W. Hoffmann re: 12 JOINT MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing by David J. Bloch. (Attachments: # 1 Exhibit A)(Hoffmann, Mathew) Link clarified on 8/4/2023 (law). (Entered: 08/04/2023)

1 Exhibit A

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NOTICE OF APPEARANCE by Jaime B. Kraybill, Esq on behalf of Heather Bouchey.(Kraybill, Jaime) (Entered: 08/07/2023)

SUPPLEMENTAL DECLARATION of Mathew W. Hoffmann re: 12 JOINT MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing by David J. Bloch. (Hoffmann, Mathew) Text/link clarified on 8/7/2023 (law). (Entered: 08/07/2023)

NOTICE of Hearing re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing. Motion Hearing set for 10/23/2023 at 01:30 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 08/08/2023)

REVISED NOTICE of Hearing re: 2 MOTION for Preliminary Injunction. Motion Hearing set for 9/25/2023 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. The court has allotted a full day for this hearing. (jbr) (Entered: 08/10/2023)

MOTION for Limited Expedited Discovery filed by David J. Bloch. (Hoffmann, Mathew) Text clarified on 8/30/2023 (law). (Entered: 08/30/2023)

DECLARATION of Mathew W. Hoffmann re: 25 MOTION for Limited Expedited Discovery by David J. Bloch. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hoffmann, Mathew) (Entered: 08/30/2023)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by Jay Nichols. (Attachments: # 1 Exhibit A)(Zakrzewski, Steven) (Attachment 1 replaced on 8/31/2023) (law). (Entered: 08/31/2023)

NOTICE OF DOCKET ENTRY CORRECTION re: 27 Response in Opposition filed 2 Motion for Preliminary Injunction and MOTION to Expedite Hearing by Jay Nichols. Exhibit A has been replaced to remove the illegible duplicate pdf header(s). The corrected document is now attached to 27 and this entry. (law) Text clarified on 8/31/2023 (law). (Entered: 08/31/2023)

MOTION to Dismiss filed by Heather Bouchey(Spottswood, Eleanor) (Entered: 08/31/2023)

Entry removed from the docket. (Entered: 08/31/2023)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by Heather Bouchey. (Spottswood, Eleanor) (Entered: 08/31/2023)

NOTICE OF DOCKET ENTRY REMOVAL: Document 30 has been removed from the docket. See Document 31 for corrected filing. (law) (Entered: 09/01/2023)

Notice of Docket Entry Removal

SUPPLEMENTAL DECLARATION of Mathew W. Hoffmann re: 25 MOTION for Limited Expedited Discovery by David J. Bloch. (Hoffmann, Mathew) (Entered: 09/01/2023)

MOTION to Dismiss filed by Sherry Sousa, Windsor Central Supervisory Union Board (Attachments: # 1 Exhibit A)(Lynn, Pietro) (Entered: 09/01/2023)

1 Exhibit A

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RESPONSE in Opposition re 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by Sherry Sousa, Windsor Central Supervisory Union Board. (Lynn, Pietro) (Entered: 09/01/2023)

STIPULATED DISCOVERY LETTER SENT re: no stipulated discovery schedule filed; case will be set for a scheduling conference unless stipulated schedule is filed. (jbr) (Entered: 09/07/2023)

MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim filed by Jay Nichols. (Zakrzewski, Steven) Text clarified on 9/8/2023 (law). (Entered: 09/08/2023)

NOTICE of Hearing:Scheduling Conference set for 9/14/2023 at 03:00 PM, via telephone conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 09/12/2023)

STIPULATED MOTION for Leave to Exceed Page Limit for Reply filed by David J. Bloch 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing. (Hoffmann, Mathew) Text clarified/link added on 9/13/2023 (law). (Entered: 09/13/2023)

RESPONSE in Opposition re 25 MOTION for Limited Expedited Discovery filed by Sherry Sousa, Windsor Central Supervisory Union Board. (Lynn, Pietro) (Entered: 09/13/2023)

PROPOSED Stipulated Discovery Schedule/Order by David J. Bloch. (Attachments: # 1 Exhibit A)(Duprey, Anthony) (Entered: 09/14/2023)

Order on Motion for Extension of Time to File Response/Reply

Scheduling Conference

ORDER GRANTING 12 Joint Motion for Extension of Time to File Response/Reply as to 2 Motion for Preliminary Injunction and Motion to Expedite Hearing. Signed by Judge Christina Reiss on 9/14/2023. (This is a text-only Order.) (ejh) (Entered: 09/14/2023)

MINUTE ENTRY for proceedings held before Judge Christina Reiss: Scheduling Conference held on 9/14/2023. All attorneys appear via telephone conference. Present for pltf: Anthony Duprey, Esq., Matthew Hoffman, Esq., Tyson Langhofer, Esq. Present for Dft Agency of Education are Eleanor Spottswood, AAG and Jaime Kraybill, AAG. Steven Zakrewski, Esq., present for Vt. Principal Assoc. Sean Toohey, Esq., present for Windsor School District and Sherry Sousa. The court makes inquiries. Statements by counsel. Parties agree to expedited briefing on the pending Motions to Dismiss. Preliminary Injunction Hearing remains scheduled for 9/25/2023 at 10:00AM. Oral argument on the pending Motions to Dismiss may occur at Preliminary Injunction Hearing. (Court Reporter: Johanna Masse) (jbr) (Entered: 09/14/2023)

REPLY to Response to 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by David J. Bloch. (Hoffmann, Mathew) (Entered: 09/14/2023)

DECLARATION of David J. Bloch re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing by David J. Bloch. (Attachments: # 1 Exhibit A)(Hoffmann, Mathew) Link clarified on 9/14/2023 (law). (Entered: 09/14/2023)

1 Exhibit A

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DECLARATION of S.B. Levine, M.D. re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing by David J. Bloch. (Hoffmann, Mathew) Link clarified on 9/14/2023 (law). (Entered: 09/14/2023)

ASSIGNED Early Neutral Evaluator: Gregory S. Clayton, Esq. (law) (Entered: 09/14/2023)

STIPULATED DISCOVERY SCHEDULE/ORDER: Discovery due by 5/8/2024; Motions due by 6/10/2024; Early Neutral Evaluation set for 1/25/2024 at 10:00 AM; Ready for Trial by 8/12/2024. Signed by Judge Christina Reiss on 9/14/2023. (law) (Entered: 09/14/2023)

ORDER GRANTING 39 Stipulated Motion to Exceed Page Limit re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing. Signed by Judge Christina Reiss on 9/15/2023. (This is a text-only Order.) (ejh) (Entered: 09/15/2023)

Order on Motion to Exceed Page Limit

MOTION to Exclude 46 DECLARATION of S.B. Levine, M.D. re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by Heather Bouchey. (Spottswood, Eleanor) Link added/text clarified on 9/25/2023 (law). (Entered: 09/22/2023)

MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motions Taken Under Advisement: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing, Motion Hearing held on 9/25/2023. Matthew Hoffman, Esq., David Cortman, Esq., and Tyson Langhofer, Esq., present for pltf. Pietro Lynn, Esq., and Sean Toohey, Esq., present for Windsor School District and Sherry Sousa. Eleanor Spottswood, Esq., and Jaime Kraybill, Esq., present for Heather Bouchey and Vt. Agency of Education. Steven Zakrzewski, Esq., present for Jay Nichols and Vt. Principal Assoc. The court makes inquiries. Statements by counsel. The clerk swears in David Bloch and Jonas Thom Wysocki as witnesses for pltf. The clerk swears in Jack Boyner, Cody TanCreti, and Sherry Sousa as witnesses for dft. Evidence closed. Oral arguments. ORDERED: motion 2 taken under advisement. (Court Reporter: Johanna Masse) (jbr) (Entered: 09/25/2023)

Motion Hearing AND ~Util - Motions Taken Under Advisement

EXHIBIT/WITNESS LIST Preliminary Injunction Hearing held on 9/25/2023.(jbr) (Main Document 52 replaced on 9/28/2023) (law). (Entered: 09/25/2023)

STIPULATED MOTION to Seal and Redact the Hearing Transcript and Hearing Exhibits filed by Heather Bouchey. (Kraybill, Jaime) Event/text clarified on 9/27/2023 (law). (Entered: 09/27/2023)

ORDER GRANTING 53 Stipulated Motion to Seal and Redact the Hearing Transcript and Hearing Exhibits. The request for redactions is granted for the non-party students for the reasons set forth in the stipulated motion. Signed by Judge Christina Reiss on 9/28/2023. (This is a text-only Order.) (ejh) (Entered: 09/28/2023)

Order on Motion to Seal Document (Sealed - No NEF)

NOTICE OF DOCKET ENTRY CORRECTION re: 52 Exhibit/Witness List for Preliminary Injunction Hearing held on 9/25/2023. The document has been replaced to use initial for non-party students pursuant to Document 54 (TOO). The redacted document revised document is now attached to 52 and this entry. (law) (Entered: 09/28/2023)

RESPONSE in Opposition re 37 MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim, 29 MOTION to Dismiss, 34 MOTION to Dismiss filed by David J. Bloch. (Hoffmann, Mathew) (Entered: 09/29/2023)

REDACTED TRANSCRIPT of Preliminary Injunction Hearing held on 09/25/2023, before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 8029518102. 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. Redaction Request due 10/27/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/4/2024. (Attachments: # 1 Sealed Transcript) (jbr) (Entered: 10/03/2023)

RESPONSE in Opposition re 50 MOTION to Exclude 46 DECLARATION of S.B. Levine, M.D. re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by David J. Bloch. (Hoffmann, Mathew) (Entered: 10/06/2023)

DISCOVERY CERTIFICATE - Initial Disclosures by Sherry Sousa, Windsor Central Supervisory Union Board.(Lynn, Pietro) (Entered: 10/10/2023)

DISCOVERY CERTIFICATE - Initial Disclosures by Jay Nichols.(Zakrzewski, Steven) (Entered: 10/10/2023)

DISCOVERY CERTIFICATE re: First Set of Requests for Production, First Set of Interrogatories and Initial Disclosures by David J. Bloch.(Hoffmann, Mathew) Text clarified on 10/10/2023 (law). (Entered: 10/10/2023)

DISCOVERY CERTIFICATE - Initial Disclosures by Heather Bouchey.(Spottswood, Eleanor) (Entered: 10/10/2023)

REPLY to Response to 34 MOTION to Dismiss filed by Sherry Sousa, Windsor Central Supervisory Union Board. (Lynn, Pietro) (Entered: 10/13/2023)

REPLY to Response to 37 MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim filed by Jay Nichols. (Zakrzewski, Steven) Text clarified on 10/13/2023 (law). (Entered: 10/13/2023)

REPLY to Response to 29 MOTION to Dismiss filed by Heather Bouchey. (Kraybill, Jaime) (Entered: 10/13/2023)

REPLY to Response to 50 MOTION to Exclude 46 DECLARATION of S.B. Levine, M.D. re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by Heather Bouchey. (Attachments: # 1 Declaration of Joseph F. Hagan, Jr., M.D., # 2 Exhibit A)(Kraybill, Jaime) (Entered: 10/20/2023)

MOTION to Exclude Declaration of Dr. Joseph F. Hagan, Jr., M.D. re 66 Reply to Response to 50 MOTION to Exclude 46 DECLARATION of S.B. Levine, M.D. re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by David J. Bloch. (Hoffmann, Mathew) Link added on 11/7/2023 (law). (Entered: 10/24/2023)

ORDER DENYING 25 Motion to Expedite Discovery because Plaintiff opted for an expedited hearing on the record at the scheduling conference. Signed by Judge Christina Reiss on 10/26/2023. (This is a text-only Order.) (ejh) (Entered: 10/26/2023)

Order on Motion to Expedite

NOTICE of Attorney Substitution by Kate T. Gallagher as to Heather Bouchey(Gallagher, Kate) (Entered: 11/06/2023)

RESPONSE in Opposition re 67 MOTION to Exclude Declaration of Dr. Joseph F. Hagan, Jr., M.D. re 66 Reply to Response to 50 MOTION to Exclude 46 DECLARATION of S.B. Levine, M.D. re: 2 MOTION for Preliminary Injunction and MOTION to Expedite Hearing filed by Heather Bouchey. (Gallagher, Kate) (Entered: 11/06/2023)

DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by Sherry Sousa, Windsor Central Supervisory Union Board.(Lynn, Pietro) (Entered: 11/07/2023)

DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by Jay Nichols.(Zakrzewski, Steven) (Entered: 11/07/2023)

REPLY to Response to 67 MOTION to Exclude Declaration of Dr. Joseph F. Hagan, Jr., M.D. re 66 Reply to Response to Motion filed by David J. Bloch. (Hoffmann, Mathew) (Entered: 11/08/2023)

DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by Heather Bouchey.(Gallagher, Kate) (Entered: 11/09/2023)

DISCOVERY CERTIFICATE - Interrogatories and Request to Produce by Heather Bouchey.(Gallagher, Kate) (Entered: 12/13/2023)

OPINION AND ORDER granting in part and denying in part the Motions to Dismiss of Secretary Bouchey (Doc. 29 ), the School Board Defendants (Doc. 34 ) and Executive Director Nichols (Doc. 37 ); plaintiff's Motion for Preliminary Injunction (Doc. 2 ) is Denied. Signed by Judge Christina Reiss on 12/28/2023. (jbr)

DISCOVERY CERTIFICATE - Answer to Defendant Heather Bouchey's First Set of Interrogatories and Requests to Produce by David J. Bloch.(Hoffmann, Mathew) (Entered: 01/12/2024)

ORDER DENYING AS MOOT 50 Motion to Exclude Declaration of S.B. Levine, MD, and 67 Motion to Exclude Declaration of Dr. Joseph F. Hagan, Jr., MD. Both experts' declarations were submitted in support of the parties' respective memoranda regarding Plaintiff David J. Bloch's motion for a preliminary injunction. The court denied Plaintiff's motion for a preliminary injunction on December 28, 2023, (Doc. 76), without relying on either expert's declaration. Signed by Judge Christina Reiss on 1/18/2024. (This is a text-only Order.) (ejh) (Entered: 01/18/2024)

Order on Motion to Exclude AND Order on Motion to Exclude

NOTICE OF INTERLOCUTORY APPEAL (Filing fee $ 605 receipt number AVTDC-1870497) as to 76 Opinion and Order on 2 Motion for Preliminary Injunction by David J. Bloch. (Hoffmann, Mathew) Text clarified, links added on 1/22/2024 (law). Docket text clarifiedAVTDC-1870497 to add receipt number on 1/25/2024 (jh) (Entered: 01/22/2024)

REPORT of Early Neutral Evaluator.(Clayton, Gregory) (Entered: 01/25/2024)

STIPULATED MOTION to Stay All Case Deadlines filed by David J. Bloch. (Hoffmann, Mathew) (Entered: 01/30/2024)

Order on Motion to Stay

ORDER GRANTING 81 Stipulated Motion to Stay All Case Deadlines. Signed by Judge Christina Reiss on 1/30/2024. (This is a text-only Order.) (ejh) (Entered: 01/30/2024)

TRANSMITTED Index on Appeal, Circuit No. 24-207, re: 79 Notice of Interlocutory Appeal. (kac) (Entered: 02/02/2024)

Stipulation of Dismissal

USCA Mandate