Case: Crosspoint Church v. Makin

COMPLAINT against JEFFERSON ASHBY, EDWARD DAVID, THOMAS DOUGLAS, A PENDER MAKIN, JULIE ANN O'BRIEN, MARK WALKER PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by CROSSPOINT CHURCH. (Service of Process Deadline 6/26/2023) Fee due by 3/29/2023. (jgd) (Entered: 03/27/2023)

CIVIL COVER SHEET. (jgd) (Entered: 03/27/2023)

CORPORATE DISCLOSURE STATEMENT by CROSSPOINT CHURCH. (jgd) (Entered: 03/27/2023)

Summons Issued as to JEFFERSON ASHBY, EDWARD DAVID, THOMAS DOUGLAS, A PENDER MAKIN, JULIE ANN O'BRIEN, MARK WALKER. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons- Jefferson Ashby, # 2 Summons- Edward David, # 3 Summons- Julie Ann O'Brien, # 4 Summons- Mark Walker, # 5 Summons- Thomas Douglas) (jgd) (Entered: 03/27/2023)

1 Summons- Jefferson Ashby

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2 Summons- Edward David

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3 Summons- Julie Ann O'Brien

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4 Summons- Mark Walker

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5 Summons- Thomas Douglas

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MOTION for Preliminary Injunction by CROSSPOINT CHURCH Responses due by 4/17/2023. (Attachments: # 1 Exhibit Ex. A - BCS Handbook, # 2 Exhibit Ex. B - BCS Teacher Contract, # 3 Exhibit Ex. C - BCS Staff Contract)(STRAWBRIDGE, PATRICK) (Entered: 03/27/2023)

1 Exhibit Ex. A - BCS Handbook

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2 Exhibit Ex. B - BCS Teacher Contract

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3 Exhibit Ex. C - BCS Staff Contract

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CERTIFICATION for Admission Pro Hac Vice of Tiffany H. Bates filed by PATRICK N. STRAWBRIDGE on behalf of CROSSPOINT CHURCH (Total admission fee $ 100 receipt number AMEDC-2778375.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (STRAWBRIDGE, PATRICK) (Entered: 03/27/2023)

CERTIFICATION for Admission Pro Hac Vice of Jeffrey C. Mateer filed by PATRICK N. STRAWBRIDGE on behalf of CROSSPOINT CHURCH (Total admission fee $ 100 receipt number AMEDC-2778381.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Appendix Addendum- Other Admissions)(STRAWBRIDGE, PATRICK) (Entered: 03/27/2023)

1 Appendix Addendum- Other Admissions

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CERTIFICATION for Admission Pro Hac Vice of David J. Hacker filed by PATRICK N. STRAWBRIDGE on behalf of CROSSPOINT CHURCH (Total admission fee $ 100 receipt number AMEDC-2778384.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Appendix Addendum- Other Admissions)(STRAWBRIDGE, PATRICK) (Entered: 03/27/2023)

1 Appendix Addendum- Other Admissions

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CERTIFICATION for Admission Pro Hac Vice of Lea E. Patterson filed by PATRICK N. STRAWBRIDGE on behalf of CROSSPOINT CHURCH (Total admission fee $ 100 receipt number AMEDC-2778387.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Appendix Addendum- Other Admissions)(STRAWBRIDGE, PATRICK) (Entered: 03/27/2023)

1 Appendix Addendum- Other Admissions

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CERTIFICATION for Admission Pro Hac Vice of Keisha T. Russell filed by PATRICK N. STRAWBRIDGE on behalf of CROSSPOINT CHURCH (Total admission fee $ 100 receipt number AMEDC-2778388.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Appendix Addendum- Other Admissions)(STRAWBRIDGE, PATRICK) (Entered: 03/27/2023)

1 Appendix Addendum- Other Admissions

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CERTIFICATION for Admission Pro Hac Vice of Courtney A. Jones filed by PATRICK N. STRAWBRIDGE on behalf of CROSSPOINT CHURCH (Total admission fee $ 100 receipt number AMEDC-2778389.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (STRAWBRIDGE, PATRICK) (Entered: 03/27/2023)

Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2779683.), filed by CROSSPOINT CHURCH.(STRAWBRIDGE, PATRICK)

Case Opening Filing Fee Paid

Consent MOTION to Extend Time to April 28, 2023 to respond to Preliminary Injunction motion, Consent MOTION to Extend Time to File Answer to May 12, 2023 ( Responses due by 4/26/2023.) by JEFFERSON ASHBY, EDWARD DAVID, THOMAS DOUGLAS, A PENDER MAKIN, JULIE ANN O'BRIEN, MARK WALKER (TAUB, CHRISTOPHER) (Entered: 04/05/2023)

ORDER granting 12 Motion to Extend Time. Defendants shall answer or otherwise respond to Plaintiff's Complaint by 5/12/2023 and shall respond to Plaintiff's Motion for Preliminary injunction by 4/28/2023. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 04/06/2023)

Order on Motion to Extend Time

Set/Reset Answer Deadline

Set Answer Deadline for JEFFERSON ASHBY, EDWARD DAVID, THOMAS DOUGLAS, A PENDER MAKIN, JULIE ANN O'BRIEN, MARK WALKER per order #13: Answer due by 5/12/2023. (jad)

Set/Reset Motion and R&R Deadlines/Hearings

reset Deadlines as to 5 MOTION for Preliminary Injunction per order #13: Responses due by 4/28/2023. (jad)

RESPONSE to Motion re 5 MOTION for Preliminary Injunction filed by JEFFERSON ASHBY, EDWARD DAVID, THOMAS DOUGLAS, A PENDER MAKIN, JULIE ANN O'BRIEN, MARK WALKER. Reply due by 5/12/2023. (Attachments: # 1 Exhibit - 1 (LD 1833), # 2 Exhibit - 2 (LD 1688), # 3 Exhibit - 3 (Testimony on LD 1688), # 4 Exhibit - 4 (Benjamin Deposition))(TAUB, CHRISTOPHER) (Entered: 04/28/2023)

1 Exhibit - 1 (LD 1833)

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2 Exhibit - 2 (LD 1688)

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3 Exhibit - 3 (Testimony on LD 1688)

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4 Exhibit - 4 (Benjamin Deposition)

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AFFIDAVIT of Megan Welter re 14 Response to Motion, filed by JEFFERSON ASHBY, EDWARD DAVID, THOMAS DOUGLAS, A PENDER MAKIN, JULIE ANN O'BRIEN, MARK WALKER. (TAUB, CHRISTOPHER) (Entered: 04/28/2023)

Consent MOTION for Leave to File Amici Curiae Brief by American Civil Liberties Union of Maine, American Civil Liberties Union Responses due by 5/19/2023. (Attachments: # 1 Proposed Amici Curiae Brief)(HEIDEN, ZACHARY) (Entered: 04/28/2023)

1 Proposed Amici Curiae Brief

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CERTIFICATION for Admission Pro Hac Vice of Heather Weaver filed by ZACHARY L. HEIDEN on behalf of American Civil Liberties Union, American Civil Liberties Union of Maine (Total admission fee $ 100 receipt number AMEDC-2792257.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 list of court admissions)(HEIDEN, ZACHARY) (Entered: 04/28/2023)

1 list of court admissions

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CERTIFICATION for Admission Pro Hac Vice of Daniel Mach filed by ZACHARY L. HEIDEN on behalf of American Civil Liberties Union, American Civil Liberties Union of Maine (Total admission fee $ 100 receipt number AMEDC-2792259.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 list of court admissions)(HEIDEN, ZACHARY) (Entered: 04/28/2023)

1 list of court admissions

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ORDER granting 16 Motion for Leave to File Amici Curiae Brief By JUDGE JOHN A. WOODCOCK, JR. (jad) (Entered: 05/01/2023)

Order on Motion for Leave to File

BRIEF Amici Curiae in Opposition to Plaintiff's Motion for Preliminary Injunction by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF MAINE. (HEIDEN, ZACHARY) (Entered: 05/02/2023)

REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by CROSSPOINT CHURCH. (STRAWBRIDGE, PATRICK) (Entered: 05/12/2023)

ADDITIONAL ATTACHMENTS filed by CROSSPOINT CHURCH re 21 Reply to Response to Motion . Main Document: Exhibit D. (STRAWBRIDGE, PATRICK) (Entered: 05/12/2023)

ANSWER to 1 Complaint,, by JEFFERSON ASHBY, EDWARD DAVID, THOMAS DOUGLAS, A PENDER MAKIN, JULIE ANN O'BRIEN, MARK WALKER.(TAUB, CHRISTOPHER) (Entered: 05/12/2023)

SCHEDULING ORDER: Discovery due by 10/2/2023. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 10/10/2023. Motions due by 10/23/2023. Ready for Trial on 1/2/2024. By MAGISTRATE JUDGE KAREN FRINK WOLF. (jad) (Entered: 05/15/2023)

NOTICE of Appearance by SARAH A. FORSTER on behalf of All Defendants (FORSTER, SARAH) (Entered: 05/23/2023)

MOTION by Attorney Courtney A. Jones to Withdraw as Attorney by CROSSPOINT CHURCH Responses due by 6/20/2023. (JONES, COURTNEY) (Entered: 05/30/2023)

ORDER granting 26 Motion to Withdraw as Attorney. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 05/31/2023)

Order on Motion to Withdraw as Attorney

NOTICE/CORRESPONDENCE Re: Enactment of Maine Pub. L. 2023 ch. 188 by All Defendants (Attachments: # 1 Exhibit - A (Maine Pub. L. 2023, ch. 188))(TAUB, CHRISTOPHER) (Entered: 06/20/2023)

1 Exhibit - A (Maine Pub. L. 2023, ch. 188)

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NOTICE/CORRESPONDENCE Re: Enactment of Maine Pub. L. 2023 ch. 188 by All Plaintiffs (STRAWBRIDGE, PATRICK) (Entered: 06/27/2023)

MOTION by Attorney Keisha Russell to Withdraw as Attorney by CROSSPOINT CHURCH Responses due by 8/29/2023. (RUSSELL, KEISHA) (Entered: 08/08/2023)

Order on Motion to Withdraw as Attorney

ORDER granting 30 Motion to Withdraw as Attorney. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 08/08/2023)

Joint MOTION to Amend Scheduling Order to Extend Discovery Deadlines by CROSSPOINT CHURCH Responses due by 10/5/2023. (STRAWBRIDGE, PATRICK) (Entered: 09/14/2023)

Order on Motion to Amend Scheduling Order

Set/Reset Scheduling Order Deadlines

ORDER granting 32 Motion to Amend Scheduling Order. Plaintiff shall make a written settlement by November 17, 2023, and Defendants shall respond in writing by December 1, 2023. Discovery shall be completed by December 1, 2023. Any notice of intent to file a summary judgment motion and request for pre-filing conference shall be filed by December 8, 2023. Dispositive motions and Daubert/Kumho motions shall be filed by December 22, 2023. The case shall be ready for trial on March 5, 2024. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 09/14/2023)

Reset Scheduling Order Deadlines - per Order No. 33: Discovery due by 12/1/2023. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 12/8/2023. Motions due by 12/22/2023. Ready for Trial on 3/5/2024. (jad)

Joint MOTION to Amend Scheduling Order to Extend Discovery Deadlines by CROSSPOINT CHURCH Responses due by 12/8/2023. (STRAWBRIDGE, PATRICK) (Entered: 11/17/2023)

Order on Motion to Amend Scheduling Order

Set/Reset Scheduling Order Deadlines

ORDER granting 34 Motion to Amend Scheduling Order. Plaintiff shall serve a written settlement demand by January 16, 2024 and Defendants shall respond in writing by January 30, 2024. Discovery shall be completed by January 30, 2024. Any notice of intent to file a summary judgment motion and request for pre-filing conference shall be filed by February 6, 2024. Dispositive motions and Daubert/Kumho motions shall be filed by February 20, 2024. The case shall be ready for trial on May 7, 2024. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 11/17/2023)

Reset Scheduling Order Deadlines - per Order No. 35: Discovery due by 1/30/2024. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 2/6/2024. Motions due by 2/20/2024. Ready for Trial on 5/7/2024. (jad)

Joint MOTION to Amend Scheduling Order to Extend Discovery Deadlines by CROSSPOINT CHURCH Responses due by 2/2/2024. (STRAWBRIDGE, PATRICK) (Entered: 01/12/2024)

NOTICE of Hearing: Conference of Counsel set for 1/25/2024 11:00 AM via Zoom before MAGISTRATE JUDGE KAREN FRINK WOLF. On 1/22/2024, the Zoom information was sent via email to the parties.(lcb) (Entered: 01/22/2024)

Minute Entry for proceedings held before MAGISTRATE JUDGE KAREN FRINK WOLF: Conference of Counsel held. Order to follow. (Court Reporter: Tammy Martell) (MGW) (Entered: 01/25/2024)

Order on Motion to Amend Scheduling Order

Order

ORDER. With the parties' agreement, the scheduling order deadlines are hereby STAYED pending resolution of the motion for a preliminary injunction (ECF No. 5). A new scheduling order will issue after a decision on the motion for a preliminary injunction is entered. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) (Entered: 01/25/2024)

ORDER mooting 36 Motion to Amend Scheduling Order. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) (Entered: 01/25/2024)

ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION denying 5 Motion for Preliminary Injunction By JUDGE JOHN A. WOODCOCK, JR. (CCS)

SCHEDULING ORDER: Discovery due by 7/16/2024. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 7/23/2024. Motions due by 8/6/2024. Ready for Trial on 10/1/2024. By MAGISTRATE JUDGE KAREN FRINK WOLF. (jad) (Entered: 02/27/2024)

Joint Motion Convert Order on Preliminary Injunction into Order on Permanent Injunction by CROSSPOINT CHURCH Responses due by 4/18/2024. (STRAWBRIDGE, PATRICK) Modified on 3/29/2024 to clarify motion text (jam). Added MOTION for Judgment on 3/29/2024 (jam). (Entered: 03/28/2024)

STIPULATION of Facts by CROSSPOINT CHURCH. (Attachments: # 1 Exhibit Sneirson Testimony, # 2 Exhibit BCS Admission Application, # 3 Exhibit BCS Student Handbook, # 4 Exhibit Faculty Contract, # 5 Exhibit Teacher Contract, # 6 Exhibit Benjamin Deposition, # 7 Exhibit Boone Deposition, # 8 Exhibit LD 182 Legislative History, # 9 Exhibit Hasson Interrogatories, # 10 Exhibit Cardigan Mountain School Correspondence, # 11 Exhibit Frey Statement June 21, 2022, # 12 Exhibit Frey Statement Dec. 8, 2021, # 13 Exhibit Fecteau Tweet)(STRAWBRIDGE, PATRICK) (Entered: 03/28/2024)

1 Exhibit Sneirson Testimony

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2 Exhibit BCS Admission Application

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3 Exhibit BCS Student Handbook

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4 Exhibit Faculty Contract

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5 Exhibit Teacher Contract

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6 Exhibit Benjamin Deposition

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7 Exhibit Boone Deposition

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8 Exhibit LD 182 Legislative History

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9 Exhibit Hasson Interrogatories

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10 Exhibit Cardigan Mountain School Correspondence

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11 Exhibit Frey Statement June 21, 2022

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12 Exhibit Frey Statement Dec. 8, 2021

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13 Exhibit Fecteau Tweet

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ORDER ON JOINT MOTION TO CONVERT ORDER ON PRELIMINARY INJUNCTION INTO ORDER ON PERMANENT INJUNCTION AND ENTER FINAL JUDGMENT By JUDGE JOHN A. WOODCOCK, JR. (jam) (Entered: 04/01/2024)

Set/Reset Deadlines

Set Deadlines per Order No. 45: Counsel's Response to order due by 4/8/2024. (jam)

NOTICE of Hearing: Telephone Conference set for 4/22/2024 11:00 AM before JUDGE JOHN A. WOODCOCK JR. All participants will be provided with the Court's call-in information.(slg) (Entered: 04/09/2024)

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held, Set Deadlines( Response to Order No. 45 due by 4/29/2024.). (Court Reporter: Michelle Feliccitti) (jam) (Entered: 04/22/2024)

Joint MOTION Response to Court's Order on Joint Motion to Convert Order on Preliminary Injunction into Order on Permanent Injunction and Enter Final Judgment by JEFFERSON ASHBY, EDWARD DAVID, THOMAS DOUGLAS, A PENDER MAKIN, JULIE ANN O'BRIEN, MARK WALKER Responses due by 5/15/2024. (TAUB, CHRISTOPHER) (Entered: 04/24/2024)

ORDER ON JOINT MOTION TO CONVERT ORDER ON PRELIMINARY INJUNCTION INTO ORDER ON PERMANENT INJUNCTION AND ENTER FINAL JUDGMENT granting 43 Motion to Convert Order on Preliminary Injunction Into Order on Permanent Injunction and Enter Final Judgment ; granting 48 Motion in Response to Court's Order on Joint Motion to Convert Order on Preliminary Injunction Into Order on Permanent Injunction and Enter Final Judgment By JUDGE JOHN A. WOODCOCK, JR. (CCS)

JUDGMENT By DEPUTY CLERK: Joanne McCue. (jam) (Entered: 06/05/2024)

NOTICE OF APPEAL by CROSSPOINT CHURCH . ( Filing fee $ 605 receipt number AMEDC-2969975.) NOTICE TO FILER: A transcript Report/Order form MUST be completed and submitted to the First Circuit Court of Appeals. The form can be found under the Forms & Fees section on their website at https://www.ca1.uscourts.gov.NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at https://pacer.psc.uscourts.gov. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at https://www.ca1.uscourts.gov/cmecf (STRAWBRIDGE, PATRICK) (Entered: 06/21/2024)

Copies of Notice of Appeal Sent to Counsel

COPIES of Notice of Appeal Sent to Counsel Re: 51 Notice of Appeal,,, filed by CROSSPOINT CHURCH. (jam)

Abbreviated Appeal Record Transmitted to USCA

APPEAL COVER SHEET Re: 51 Notice of Appeal (jam) (Entered: 06/21/2024)

CLERK'S CERTIFICATE Re: 51 Notice of Appeal Documents sent to the U.S. Court of Appeals. (jam) (Entered: 06/21/2024)

Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re 51 Notice of Appeal,,, (jam)

USCA Case Number 24-1590 for 51 Notice of Appeal filed by CROSSPOINT CHURCH. (jwr) (Entered: 06/24/2024)