Case: Meriwether v. Hartop

1:18-cv-00753 | U.S. District Court for the Southern District of Ohio

Filed Date: Nov. 5, 2018

Closed Date: April 14, 2022

Clearinghouse coding complete

Case Summary

This lawsuit involves a First Amendment and Fourteenth Amendment challenge to disciplinary policies at Shawnee State University. On November 5, 2018, a Shawnee State University philosophy professor sued the following entities and individuals at the University: the Trustees; the Interim President (also the Provost and Vice President of Academic Affairs); Acting Dean of the College of Arts & Sciences; Chair of the Department of English and Humanities; Title IX Coordinator; Deputy Title IX Coordin…

This lawsuit involves a First Amendment and Fourteenth Amendment challenge to disciplinary policies at Shawnee State University.

On November 5, 2018, a Shawnee State University philosophy professor sued the following entities and individuals at the University: the Trustees; the Interim President (also the Provost and Vice President of Academic Affairs); Acting Dean of the College of Arts & Sciences; Chair of the Department of English and Humanities; Title IX Coordinator; Deputy Title IX Coordinator; and Director of Human Resources and Deputy Title IX Coordinator.

The plaintiff alleged the following facts underlying his claims: In 2016, plaintiff received an email and had communications with defendants, which informed him that faculty could face disciplinary action if they refused to use a student’s requested name or pronouns, per University policy. In 2018, the plaintiff declined to address a transgender student by their preferred pronouns and, when the student escalated the matter to the University, the University took disciplinary action against the plaintiff, pursuing a formal investigation and formal charges against him, as well as warning him of further disciplinary action if he continued to express his views. Plaintiff noted in his complaint that he (1) specifically took issue with the University’s policies, outlined in their “Non-Discrimination and Sexual Harassment Policy” and “Reporting & Investigating Sexual Assault, Sexual Misconduct & Other Forms of Discrimination”, which governed faculty expression, and sought to challenge facially and as-applied the University policies and (2) that the investigation conducted against him violated several provisions of his collective bargaining agreement with the University. Plaintiff alleged that the defendants’ actions violated his right to freedom of speech, free exercise of religion, and right to be free from unconstitutional conditions; constituted content and view-point discrimination; and constituted compelled speech – in violation of the First Amendment. Plaintiff further alleged that defendants violated the Due Process Clause of the Fourteenth Amendment, by punishing him under vague and overbroad University policies. Plaintiff also raised non-federal claims, alleging violations of the Ohio Constitution’s provisions for right of conscience and free exercise of religion, and breach of contract via violation of plaintiff’s collective bargaining agreement.

 The matter was referred to Magistrate Judge Karen L. Litkovitz.

An anonymous Jane Doe and the Sexuality and Gender Acceptance organization filed a motion to intervene as defendants on December 24, 2018. Jane Doe sought to intervene as the transgender student at the center of the lawsuit. The Sexuality and Gender Acceptance organization is a student-led organization at the University, dedicated to advocating for LGBT students. Both parties sought to intervene to help protect the policies and practices at the University for transgender students and gender expression, and both parties noted that they have substantial legal interests in the outcome of the case.

On January 7, 2019, defendants filed a motion to dismiss, arguing that the plaintiff had critically failed to state a claim. First, defendants argued that the individually-named members of the Board of Trustees and Department Chair at the University should be dismissed, as no specific allegations were made against them. Further, defendants argued that plaintiff’s claims, on the merits, boiled down to (1) a First Amendment retaliation claim which misunderstood and mischaracterized the University’s standard policies governing discrimination and harassment in the workplace, and (2) arguments raising Ohio law, such as the collective bargaining agreement, which the court should abstain from hearing given state sovereign immunity and avoidance of claims for novel extensions of Ohio constitutional law.

Defendants filed a motion to seal, in order to shield the identity of Jane Doe and to redact references to her name on the original complaint. The court granted the motion to allow Jane Doe to proceed pseudonymously in the lawsuit and on February 5, 2019, the complaint was re-filed, amended to remove references to the identity of Jane Doe but otherwise remaining the same in substance and in legal claims.

On May 9, 2019, the court issued its order, granting Jane Doe and the Sexuality and Gender Acceptance organization’s motion to intervene as defendants. The court was persuaded that the University would not adequately represent the interests of the two parties as the University would likely emphasize different harms and legal interests, and therefore held it appropriate for the two to intervene to protect their private interests. Once the court issued that order, on May 10, 2019, Jane Doe and Sexuality and Gender Acceptance filed a separate motion to dismiss, arguing that the University’s non-discrimination policies did not unconstitutionally limit University employees’ freedom to express views on any subject, as employers are entitled to insist that employees adhere to nondiscrimination policies in the course of their official duties.

On September 5, 2019, Magistrate Judge Litkovitz issued a Report and Recommendations on all of the plaintiffs’ stated claims. With respect to the federal claims, the report recommended dismissing all claims for failure to state a claim upon which relief could be granted. The report held that the plaintiff’s speech did not touch on a matter of “public concern” within the meaning of the First Amendment, as the speech was limited and occurred in the context of plaintiff’s employment. With respect to the non-federal claims, the report recommended declining to exercise supplemental jurisdiction over the state claims. Defendants filed an objection to the report and recommendation, to which the defendants responded.

On February 12, 2020, U.S. District Judge Susan J. Dlott court issued its order, adopting the Report and Recommendations of Magistrate Judge Litkovitz. Finding the rationale of the report persuasive, the court held it appropriate to adopt the report in full, overruling plaintiff’s objections. The court therefore granted the defendants’ motion to dismiss, and dismissed the action.

On March 12, 2020, defendants filed a notice to appeal the court’s order adopting the Magistrate Judge’s Report and Recommendations. On March 26, the U.S. Court of Appeals for the Sixth Circuit issued its decision, affirming the district court’s due process holding, reversing the free speech and free exercise holdings, and vacating the state law holdings – and remanding the case for further proceedings, consistent with its findings. The U.S. Court of Appeals held that professors at public universities retain First Amendment protections when engaged in core academic functions, and as a result, it is inappropriate to conclude unilaterally that the government can censor teacher speech without restriction. Further, the Court of Appeals held that as the plaintiff had expressed a viewpoint on gender identity as part of a larger national debate on pronoun usage, the plaintiff’s speech was about a matter of public concern and, if plaintiff’s allegations are taken as true on their face, the University violated his free speech and exercise rights by impermissibly burdening his speech. However, the Court of Appeals was unpersuaded by the plaintiff’s argument that the University’s policies were unconstitutionally vague as applied to him: it held that the plaintiff was on notice that the policy prohibited his conduct.

On May 18, 2021, the Court of Appeals granted leave to the Trevor Project, Inc.; the American Association of Suicidology, AMA; the American Academy of Pediatrics and National Association of Social Workers; and over 100 professors to file brief as amicus curiae, to support a petition for rehearing en blanc.

While the specific details of the settlement negotiations and its final terms are not available to the Clearinghouse, the parties began to engage in settlement discussions to resolve the issues in the case without further judicial intervention. The parties eventually came to an agreement privately. On April 14, 2022, in accordance with that settlement agreement, the parties filed a stipulation of voluntary dismissal with prejudice, and the case was terminated.

Summary Authors

Keren Yi (4/19/2025)

Documents in the Clearinghouse

Document
1

1:18-cv-00753

Plaintiff's Verified Complaint

Meriwether v. The Trustees of Shawnee State University

Nov. 5, 2018

Nov. 5, 2018

Complaint
18

1:18-cv-00753

Jane Doe and Sexuality and Gender Acceptance's Motion to Intervene as Defendants

Meriwether v. The Trustees of Shawnee State University

Dec. 24, 2018

Dec. 24, 2018

Pleading / Motion / Brief
22

1:18-cv-00753

Defendants' Motion to Dismiss

Meriwether v. The Trustees of Shawnee State University

Jan. 7, 2019

Jan. 7, 2019

Pleading / Motion / Brief
34

1:18-cv-00753

Plaintiff's First Amended Verified Complaint (Redacted)

Meriwether v. The Trustees of Shawnee State University

Feb. 5, 2019

Feb. 5, 2019

Complaint
36

1:18-cv-00753

Defendants' Motion to Dismiss Plaintiff's First Amended Complaint

Meriwether v. The Trustees of Shawnee State University

Feb. 11, 2019

Feb. 11, 2019

Pleading / Motion / Brief
37

1:18-cv-00753

Proposed Defendant-Intervenors Jane Doe and Sexuality and Gender Acceptance's Motion to Dismiss Plaintiff's First Amended Complaint

Meriwether v. The Trustees of Shawnee State University

Feb. 11, 2019

Feb. 11, 2019

Pleading / Motion / Brief
43

1:18-cv-00753

Order

Meriwether v. The Trustees of Shawnee State University

May 9, 2019

May 9, 2019

Order/Opinion

2019 WL 2052110

44

1:18-cv-00753

Defendant-Intervenors Jane Doe and Sexuality and Gender Acceptance's Motion to Dismiss Plaintiff's First Amended Complaint

Meriwether v. The Trustees of Shawnee State University

May 10, 2019

May 10, 2019

Pleading / Motion / Brief
61

1:18-cv-00753

Judgment in a Civil Case

Meriwether v. The Trustees of Shawnee State University

Feb. 12, 2020

Feb. 12, 2020

Order/Opinion
60

1:18-cv-00753

Order Adopting Report and Recommendations

Meriwether v. The Trustees of Shawnee State University

Feb. 12, 2020

Feb. 12, 2020

Order/Opinion

2020 WL 704615

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8133484/meriwether-v-hartop/

Last updated May 1, 2025, 10:39 p.m.

ECF Number Description Date Link Date / Link
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***SEALED AS ORDERED IN 32 ***COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6666960), filed by Nicholas K. Meriwether. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Civil Cover Sheet) (Kidd, Thomas) Modified on 1/30/2019 (jlw). (Entered: 11/05/2018)

1 Exhibit 1

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25 Exhibit 25

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26 Exhibit 26

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27 Exhibit 27

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28 Civil Cover Sheet

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Nov. 5, 2018

Nov. 5, 2018

Clearinghouse

Docket Annotation

Nov. 5, 2018

Nov. 5, 2018

PACER
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REQUEST for Issuance of Summons. (Attachments: # 1 Summons Form Jeffrey Bauer, # 2 Summons Form Malonda Johnson, # 3 Summons Form Roberta Milliken, # 4 Summons Form Jennifer Pauley, # 5 Summons Form Tena Pierce, # 6 Summons Form Trustee Edwards, # 7 Summons Form Trustee Furbee, # 8 Summons Form Trustee Hartop, # 9 Summons Form Trustee Hash, # 10 Summons Form Trustee Heresh, # 11 Summons Form Trustee Howarth, # 12 Summons Form Trustee Rappold, # 13 Summons Form Trustee Watson, # 14 Summons Form Trustee White, # 15 Summons Form Trustee Williams) (Kidd, Thomas) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER

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

Nov. 5, 2018

Nov. 5, 2018

PACER
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MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6668421) of Jonathan Larcomb by Plaintiff Nicholas K. Meriwether. (Attachments: # 1 Exhibit Certificate of Good Standing) (Kidd, Thomas) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
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MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6668425) of David A. Cortman by Plaintiff Nicholas K. Meriwether. (Attachments: # 1 Exhibit Certificate of Good Standing) (Kidd, Thomas) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
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Summons Issued as to All Defendants. (jlw) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

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ORDER granting 3 4 Motion for Leave to Appear Pro Hac Vice of Jonathan Larcomb and David Cortman. Signed by Judge Susan J. Dlott on 11/6/18. (wam) Modified on 11/6/2018 (jlw). (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

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ORDER by Judge Susan J. Dlott REFERRING CASE to Magistrate Judge Karen L. Litkovitz. (vp) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

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MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 26DEPMCL) of Travis C. Barham by Plaintiff Nicholas K. Meriwether. (Attachments: # 1 Exhibit Certificate of Good Standing) (Kidd, Thomas) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

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MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6676109) of Tyson Langhofer by Plaintiff Nicholas K. Meriwether. (Attachments: # 1 Exhibit Certificate of Good Standing) (Kidd, Thomas) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
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ORDER granting 8 9 Motions for Leave to Appear Pro Hac Vice of Travis C. Barham and Tyson Langhofer. Signed by Judge Susan J. Dlott on 11/16/18. (wam) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
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WAIVER OF SERVICE Returned Executed. Waiver sent to Jeffrey A. Bauer on 11/8/2018, answer due 1/7/2019; Wallace Edwards on 11/8/2018, answer due 1/7/2019; David Furbee on 11/8/2018, answer due 1/7/2019; Francesca Hartop on 11/8/2018, answer due 1/7/2019; Sondra Hash on 11/8/2018, answer due 1/7/2019; Robert Howarth on 11/8/2018, answer due 1/7/2019; Malonda Johnson on 11/8/2018, answer due 1/7/2019; Roberta Milliken on 11/8/2018, answer due 1/7/2019; Jennifer Pauley on 11/8/2018, answer due 1/7/2019; Tena Pierce on 11/8/2018, answer due 1/7/2019; Douglas Shoemaker on 11/8/2018, answer due 1/7/2019; Joseph Watson on 11/8/2018, answer due 1/7/2019; George White on 11/8/2018, answer due 1/7/2019; Scott Williams on 11/8/2018, answer due 1/7/2019. (Barham, Travis) Modified entry to correct name on 11/29/2018 (mr). (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

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NOTICE of Appearance by Rory P Callahan for Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams (Callahan, Rory) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

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NOTICE of Appearance by Anna M. Rouhana Seidensticker for Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams (Seidensticker, Anna) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

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NOTICE of Appearance by Hannah de'Von Stoneburner for Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams (Stoneburner, Hannah) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

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NOTICE of Appearance by Jennifer Lynn Branch for Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance (Branch, Jennifer) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

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MOTION for Leave to Appear Pro Hac Vice (Filing fee of $600 paid, receipt number 0648-6729598) of Asaf Orr, Shannon Minter, Christopher Stoll by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Attachments: # 1 Certificate Good Standing, # 2 Certificate Good Standing, # 3 Certificate of Good Standing) (Branch, Jennifer) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

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MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6729599) of Adam Unikowsky by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Attachments: # 1 Certificate of Good Standing) (Branch, Jennifer) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

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MOTION to Intervene by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Attachments: # 1 Exhibit Conditional Answer, # 2 Affidavit Jane Doe in support of motion, # 3 Affidavit SAGA in support of motion) (Branch, Jennifer) (Entered: 12/24/2018)

1 Exhibit Conditional Answer

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2 Affidavit Jane Doe in support of motion

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3 Affidavit SAGA in support of motion

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Dec. 24, 2018

Dec. 24, 2018

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MOTION for Order to Allow Jane Doe to Proceed Pseudonymously and to Redact References to her name in the Complaint and attached exhibits by Intervenor Defendant Jane Doe. (Attachments: # 1 Affidavit Jane Doe in support of motion) (Branch, Jennifer) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

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Unopposed MOTION for Leave to File Excess Pages by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Callahan, Rory) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

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NOTATION ORDER granting defendants' unopposed 20 Motion for Leave to exceed page limit in a response to be filed in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 1/3/2019. (art) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Callahan, Rory) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

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ORDER granting 16 17] Motions for Leave to Appear Pro Hac Vice of Asaf Orr, Shannon Minter, Christopher Stoll, and Adam Unikowski. Signed by Judge Susan J. Dlott on 1/11/19. (wam) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

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RESPONSE to Motion re 18 MOTION to Intervene filed by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Callahan, Rory) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

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RESPONSE to Motion re 19 MOTION for Order to Allow Jane Doe to Proceed Pseudonymously and to Redact References to her name in the Complaint and attached exhibits filed by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Callahan, Rory) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

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RESPONSE in Opposition re 18 MOTION to Intervene as Defendants filed by Plaintiff Nicholas K. Meriwether. (Barham, Travis) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

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***SEALED AS ORDERED IN 32 ***RESPONSE in Opposition re 19 MOTION for Order to Allow Jane Doe to Proceed Pseudonymously and to Redact References to her name in the Complaint and attached exhibits Declaration filed by Plaintiff Nicholas K. Meriwether. (Attachments: # 1 Plaintiff Meriwether Declaration) (Barham, Travis) Modified on 1/30/2019 (jlw). (Entered: 01/14/2019)

1 Plaintiff Meriwether Declaration

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Jan. 14, 2019

Jan. 14, 2019

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REPLY to Response to Motion re 18 MOTION to Intervene filed by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Attachments: # 1 Exhibit Proposed Defendant-Intervenors Jane Doe and SAGA's Motion to Dismiss) (Orr, Asaf) (Entered: 01/16/2019)

1 Exhibit Proposed Defendant-Intervenors Jane Doe and SAGA's Motion to Dismis

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Jan. 16, 2019

Jan. 16, 2019

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REPLY to Response to Motion re 19 MOTION for Order to Allow Jane Doe to Proceed Pseudonymously and to Redact References to her name in the Complaint and attached exhibits filed by Intervenor Defendant Jane Doe. (Orr, Asaf) (Entered: 01/21/2019)

Jan. 21, 2019

Jan. 21, 2019

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MOTION to Seal Filings Temporarily Pending Resolution of Jane Doe's Motion to Proceed Pseudonymously by Intervenor Defendant Jane Doe. (Orr, Asaf) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

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***SEALED AS ORDERED IN 32 *** AMENDED COMPLAINT against All Defendants, filed by Nicholas K. Meriwether. (Attachments: # 1 Exhibit Ex. 01 Policy 5.01, # 2 Exhibit Ex. 02 Procedure 5.01-2, # 3 Exhibit Ex. 03 LGBTQIA Page, # 4 Exhibit Ex. 04 Collective Bargaining Agreement, # 5 Exhibit Ex. 05 2016 SEA Emails, # 6 Exhibit Ex. 06 2016 Emails with Milliken, # 7 Exhibit Ex. 07 Scott Email, # 8 Exhibit Ex. 08 Email to Dean of Students, # 9 Exhibit Ex. 09 2018.02.13 Letter from Milliken, # 10 Exhibit Ex. 10 2018.02.16 Email from Milliken, # 11 Exhibit Ex. 11 2018.02.23 Emails to and from Milliken, # 12 Exhibit Ex. 12 2018.03.12 Email to Bauer and Kurtz, # 13 Exhibit Ex. 13 Johnson Investigative Report, # 14 Exhibit Ex. 14 2018.04.18 Charge Notice, # 15 Exhibit Ex. 15 2018.04.21 Email to Shoemaker Milliken Johnson, # 16 Exhibit Ex. 16 2018.05.08 Email to Milliken, # 17 Exhibit Ex. 17 2018.05.29 Deans Report, # 18 Exhibit Ex. 18 2018.06.01 Email to Bauer, # 19 Exhibit Ex. 19 2018.06.14 Provost Decision, # 20 Exhibit Ex. 20 2018.06.22 Milliken's Written Warning, # 21 Exhibit Ex. 21 2018.06.25 Email from Bauer, # 22 Exhibit Ex. 22 2018.07.02 Grievance Request, # 23 Exhibit Ex. 23 2018.08.16 Grievance Packet, # 24 Exhibit Ex. 24 2018.08.27 Summary of Provost Meeting Final, # 25 Exhibit Ex. 25 2018.09.05 Email from Bauer, # 26 Exhibit Ex. 26 2018.09.14 Email from Poirot, # 27 Exhibit Ex. 27 2018.10.08 Level 3 response SU 1801 Grievance Packet) (Barham, Travis) Modified on 1/30/2019 (jlw). Modified on 1/30/2019 (jlw). (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

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ORDER - IT IS ORDERED THAT: Jane Does Motion to Proceed Pseudonymously and to Redact References to Her Name in the Complaint and Attached Exhibits (Doc. 19) is GRANTED. Jane Does motion to temporarily seal filings pending the resolution of her motion to proceed pseudonymously (Doc. 30) is DENIED as moot.Plaintiff shall re-file the complaint and exhibits (Doc. 1), the amended complaint and exhibits (Doc. 31), and his response to Doe's motion to proceed pseudonymously (Doc. 27) with Jane Does true name redacted.The Clerk is DIRECTED to place the complaint and attached exhibits (Doc. 1), the amended complaint and exhibits (Doc. 31), and plaintiffs response to Does motion to proceed pseudonymously (Doc. 27) under seal and to substitute the redacted documents once they are re-filed by plaintiff in compliance with this Order. The redacted documents shall be filed on the public docket. Signed by Magistrate Judge Karen L. Litkovitz on 1/30/2019. (jlw) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

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COMPLAINT with JURY DEMAND Redacted against All Defendants, filed by Nicholas K. Meriwether. (Attachments: # 1 Exhibit Policy 5.01, # 2 Exhibit Procedure 5.01-2, # 3 Exhibit LGBTQIA Page, # 4 Exhibit Collective Bargaining Agreement, # 5 Exhibit 2016 SEA Emails, # 6 Exhibit 2016 Emails with Milliken, # 7 Exhibit Scott Email, # 8 Exhibit Email to Dean of Students, # 9 Exhibit 2018.02.13 Letter from Milliken, # 10 Exhibit 2018.02.16 Email from Milliken, # 11 Exhibit 2018.02.23 Emails to and from Milliken, # 12 Exhibit 2018.03.12 Email to Bauer and Kurtz, # 13 Exhibit Johnson Investigative Report, # 14 Exhibit 2018.04.18 Charge Notice, # 15 Exhibit 2018.04.21 Email to Shoemaker Milliken Johnson, # 16 Exhibit 2018.05.08 Email to Milliken, # 17 Exhibit 2018.05.29 Deans Report, # 18 Exhibit 2018.06.01 Email to Bauer, # 19 Exhibit 2018.06.14 Provost Decision, # 20 Exhibit 2018.06.22 Milliken's Written Warning, # 21 Exhibit 2018.06.25 Email from Bauer, # 22 Exhibit 2018.07.02 Grievance Request, # 23 Exhibit 2018.08.16 Grievance Packet, # 24 Exhibit 2018.08.27 Summary of Provost Meeting Final, # 25 Exhibit 2018.09.05 Email from Bauer, # 26 Exhibit 2018.09.14 Email from Poirot, # 27 Exhibit 2018.10.08 Level 3 resopnse SU 1801 Grievance Packet) (Barham, Travis) (Entered: 02/05/2019)

1

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Feb. 5, 2019

Feb. 5, 2019

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AMENDED COMPLAINT Redacted against All Defendants, filed by Nicholas K. Meriwether. (Attachments: # 1 Exhibit Policy 5.01, # 2 Exhibit Procedure 5.01-2, # 3 Exhibit LGBTQIA Page, # 4 Exhibit Collective Bargaining Agreement, # 5 Exhibit 2016 SEA Emails, # 6 Exhibit 2016 Emails with Milliken, # 7 Exhibit Scott Email, # 8 Exhibit Email to Dean of Students, # 9 Exhibit 2018.02.13 Letter from Milliken, # 10 Exhibit 2018.02.16 Email from Milliken, # 11 Exhibit 2018.02.23 Emails to and from Milliken, # 12 Exhibit 2018.03.12 Email to Bauer and Kurtz, # 13 Exhibit Johnson Investigative Report, # 14 Exhibit 2018.04.18 Charge Notice, # 15 Exhibit 2018.04.21 Email to Shoemaker Milliken Johnson, # 16 Exhibit 2018.05.08 Email to Milliken, # 17 Exhibit 2018.05.29 Deans Report, # 18 Exhibit 2018.06.01 Email to Bauer, # 19 Exhibit 2018.06.14 Provost Decision, # 20 Exhibit 2018.06.22 Milliken's Written Warning, # 21 Exhibit 2018.06.25 Email from Bauer, # 22 Exhibit 2018.07.02 Grievance Request, # 23 Exhibit 2018.08.16 Grievance Packet, # 24 Exhibit 2018.08.27 Summary of Provost Meeting Final, # 25 Exhibit 2018.09.05 Email from Bauer, # 26 Exhibit 2018.09.14 Email from Poirot, # 27 Exhibit 2018.10.08 Level 3 response SU 1801 Grievance Packet) (Barham, Travis) (Entered: 02/05/2019)

1 Exhibit Policy 5.01

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2 Exhibit Procedure 5.01-2

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3 Exhibit LGBTQIA Page

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4 Exhibit Collective Bargaining Agreement

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5 Exhibit 2016 SEA Emails

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6 Exhibit 2016 Emails with Milliken

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7 Exhibit Scott Email

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8 Exhibit Email to Dean of Students

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9 Exhibit 2018.02.13 Letter from Milliken

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10 Exhibit 2018.02.16 Email from Milliken

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11 Exhibit 2018.02.23 Emails to and from Milliken

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12 Exhibit 2018.03.12 Email to Bauer and Kurtz

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13 Exhibit Johnson Investigative Report

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14 Exhibit 2018.04.18 Charge Notice

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15 Exhibit 2018.04.21 Email to Shoemaker Milliken Johnson

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16 Exhibit 2018.05.08 Email to Milliken

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17 Exhibit 2018.05.29 Deans Report

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18 Exhibit 2018.06.01 Email to Bauer

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19 Exhibit 2018.06.14 Provost Decision

View on PACER

20 Exhibit 2018.06.22 Milliken's Written Warning

View on PACER

21 Exhibit 2018.06.25 Email from Bauer

View on PACER

22 Exhibit 2018.07.02 Grievance Request

View on PACER

23 Exhibit 2018.08.16 Grievance Packet

View on PACER

24 Exhibit 2018.08.27 Summary of Provost Meeting Final

View on PACER

25 Exhibit 2018.09.05 Email from Bauer

View on PACER

26 Exhibit 2018.09.14 Email from Poirot

View on PACER

27 Exhibit 2018.10.08 Level 3 response SU 1801 Grievance Packet

View on PACER

Feb. 5, 2019

Feb. 5, 2019

Clearinghouse
35

RESPONSE in Opposition re 19 MOTION for Order to Allow Jane Doe to Proceed Pseudonymously and to Redact References to her name in the Complaint and attached exhibits Redacted filed by Plaintiff Nicholas K. Meriwether. (Attachments: # 1 Exhibit, # 2 Meriwether Declaration) (Barham, Travis) (Entered: 02/05/2019)

1 Exhibit

View on PACER

2 Meriwether Declaration

View on PACER

Feb. 5, 2019

Feb. 5, 2019

RECAP
36

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Callahan, Rory) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

Clearinghouse
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Orr, Asaf) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

Clearinghouse
38

Unopposed MOTION for Extension of Time to File Response/Reply as to 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 3/21/2019. by Plaintiff Nicholas K. Meriwether. (Attachments: # 1 Text of Proposed Order) (Barham, Travis) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
39

ORDER granting plaintiff's 38 Motion for Extension of Time to on or before 3/21/2019 in which to file a response to defendants' 36 MOTION TO DISMISS. Signed by Magistrate Judge Karen L. Litkovitz on 2/27/2019. (art) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
40

NOTICE of Supplemental Authority in Opposition to Motion to Intervene by Plaintiff Nicholas K. Meriwether (Attachments: # 1 Exhibit Masterpiece v Elenis Order Denying Scardina's Motion to Intervene) (Barham, Travis) Modified on 3/11/2019 (jlw). (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
41

ORDER that the Court hereby stays further briefing on the pending motions to dismiss until (21) days after the Court rules on the pending 18 Motion to Intervene. Signed by Magistrate Judge Karen L. Litkovitz on 3/8/2019. (art) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
42

Proposed Defendant Intervenors Jane Doe and Sexuality and Gender Acceptance's Response to Plaintiff's First Notice of Supplemental Authority (Orr, Asaf) Modified on 3/11/2019 (jlw). (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
43

ORDER that Jane Doe and Sexuality and Gender Acceptance's 18 Motion to Intervene as defendants in the lawsuit as of right is Granted. Doe and SAGA are Granted leave to file the proposed motion to dismiss 37 . The stay on briefing of the mo tions to dismiss 41 is Vacated. Plaintiff shall have (21) days from the date of this Order to file a response to the original defendants' motion to dismiss 36 and (21) days from the date Doe and SAGA file their motion to dismiss to respond to the intervenor-defendants' motion.( Response due by 5/30/2019). Signed by Magistrate Judge Karen L. Litkovitz on 5/9/2019. (art)

May 9, 2019

May 9, 2019

Clearinghouse
44

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Orr, Asaf) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

Clearinghouse
45

RESPONSE in Opposition re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Nicholas K. Meriwether. (Barham, Travis) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
46

RESPONSE in Opposition re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant-Intervenors filed by Plaintiff Nicholas K. Meriwether. (Barham, Travis) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

RECAP
47

REPLY to Response to Motion re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Callahan, Rory) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
48

REPLY to Response to Motion re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Orr, Asaf) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
49

REPORT AND RECOMMENDATION that Shawnee State defendants' 22 MOTION to dismiss the original complaint be Denied as moot. The Shawnee State defendants and defendant-intervenors' 36 and 44 MOTIONS to dismiss the amended complaint be Granted and this action be Dismissed. Objections to R&R due by 9/19/2019. Signed by Magistrate Judge Karen L. Litkovitz on 9/5/2019. (art)

Sept. 5, 2019

Sept. 5, 2019

RECAP
50

MOTION for Extension of Time to File Response/Reply as to 49 REPORT AND RECOMMENDATIONS re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wallace Edwards, Malonda Johnson, Robert Howarth, Jeffrey A. Bauer, Tena Pierce, Sondra Hash, Douglas Shoemaker, Scott Williams, David Furbee, New date requested 10/3/2019. by Plaintiff Nicholas K. Meriwether. (Attachments: # 1 Text of Proposed Order) (Barham, Travis) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
51

ORDER granting 50 Motion for Extension of Time to File objections re 49 REPORT AND RECOMMENDATIONS Responses due by 10/3/2019. Signed by Judge Susan J. Dlott on 9/11/19. (wam) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

RECAP
52

*DISREGARD THIS ENTRY, IT WAS FILED IN ERROR* Response re 49 REPORT AND RECOMMENDATIONS re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wallace Edwards, Malonda Johnson, Robert Howarth, Jeffrey A. Bauer, Tena Pierce, Sondra Hash, Douglas Shoemaker, Scott Williams, David Furbee, Objections to Report & Recommendation by Plaintiff Nicholas K. Meriwether. (Barham, Travis) Modified to restrict entry to court users only on 10/4/2019 (jlw). (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER

Notice of Corrective Docket Entry

Oct. 4, 2019

Oct. 4, 2019

PACER

Notice of Correction re: 52 Response (non motion), This entry was filed using an incorrect event. Counsel was notified and will re-file using Civil Events Initial Pleadings and Service Other AnswersObjection to Report and Recommendations. Clerk restricted 52 to court users only. (jlw)

Oct. 4, 2019

Oct. 4, 2019

PACER
53

OBJECTION to 49 Report and Recommendations by Plaintiff Nicholas K. Meriwether. (Barham, Travis) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

RECAP
54

Unopposed MOTION for Extension of Time New date requested 10/31/2019. to Respond to Plaintiff's Objections to the Report and Recommendation, and for Leave to Exceed Page Limit by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Callahan, Rory) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
55

Unopposed MOTION for Extension of Time to File Response/Reply as to 53 Objection to Report and Recommendations New date requested 11/14/2019. by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Orr, Asaf) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
56

ORDER granting 54 55 Motions for Extension of Time and extension of page limits for objections to the RR. Signed by Judge Susan J. Dlott on 10/15/19. (wam) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

RECAP
57

Response re 53 Objection to Report and Recommendations by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Unikowsky, Adam) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

RECAP
58

Response re 53 Objection to Report and Recommendations by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Callahan, Rory) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

RECAP
59

NOTICE by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams of Withdrawal of Co-Counsel (Callahan, Rory) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
60

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 49 . Accordingly, Meriwether's Objections 53 are overruled, and the motions to dismiss 36 44 are GRANTED. Signed by Judge Susan J. Dlott on 2/12/2020. (wam)

Feb. 12, 2020

Feb. 12, 2020

Clearinghouse
61

CLERK'S JUDGMENT affirming doc.#60 (wam) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

Clearinghouse
62

NOTICE OF APPEAL re 60 Order Adopting Report and Recommendations (Filing fee has been paid, receipt number 0648-7376991) by Plaintiff Nicholas K. Meriwether. Appeal Record due by 3/26/2020. (Barham, Travis) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

RECAP
63

USCA Case Number 20-3289 for 62 Notice of Appeal filed by Nicholas K. Meriwether. (pb) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
64

NOTICE of Appearance by Alphonse Adam Gerhardstein for Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance (Gerhardstein, Alphonse) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
65

ORDER of USCA as to 62 Notice of Appeal: The Sixth Circuit ORDERS that the District Court's due-process holding is AFFIRMED, its free-speech and free-exercise holdings are REVERSED, its dismissal of the state-law claims is VACATED, and the case is REMANDED for further proceedings consistent with the opinion of this court. Note: Mandate to issue. (er) (Entered: 03/30/2021)

March 26, 2021

March 26, 2021

Clearinghouse
66

ORDER of USCA as to 62 Notice of Appeal: Upon consideration of the motions of Trevor Project, Inc. and American Association of Suicidology, AMA, American Academy of Pediatrics and National Association of Social Workers, and Aaron Tang and 100 other professors for leave to file a brief as amici curiae in support of the petition for rehearing en banc, the motions are GRANTED. Note: No Mandate details noted. (er) (Entered: 05/19/2021)

May 18, 2021

May 18, 2021

Clearinghouse
67

MANDATE of USCA as to 62 Notice of Appeal: No costs taxed. (er) (Entered: 07/23/2021)

July 16, 2021

July 16, 2021

RECAP
68

NOTICE of Appearance by Paul Richard Kerridge for Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Douglas Shoemaker, Joseph Watson, George White, Scott Williams (Kerridge, Paul) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
69

NOTICE of Appearance by Benjamin G. Stewart for Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Douglas Shoemaker, Joseph Watson, George White, Scott Williams (Stewart, Benjamin) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
70

NOTICE of Appearance by Taylor Michelle Beckham for Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Douglas Shoemaker, Joseph Watson, George White, Scott Williams (Beckham, Taylor) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER

Status Conference

Aug. 12, 2021

Aug. 12, 2021

PACER

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 8/12/2021. Counsel for plaintiff and for defendants present. Matters discussed. Counsel directed to file a Rule 26f report to the Court within one week by 8/19/2021. Case set for a follow-up status conference before MJ Litkovitz via telephone on Tues., 11/16/2021 at 3:00 pm. (Court Reporter: None present) (art)

Aug. 12, 2021

Aug. 12, 2021

PACER
71

NOTICE by Plaintiff Nicholas K. Meriwether of Withdrawal of Co-Counsel (Barham, Travis) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

RECAP
72

RULE 26(f) REPORT by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Leen Heresh, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Brett Rappold, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Stewart, Benjamin) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

RECAP
73

CALENDAR ORDER: Amended Pleadings due by 10/1/2021. Motions directed to pleadings due by 11/1/2021. Plaintiff Primary Expert due by 3/1/2022. Defendant Primary Expert due by 4/1/2022. Disclosure of Non-Expert (Fact) Witness due by 12/1/2022. Rebuttal Expert due by 5/1/2022. Discovery due by 5/31/2022. Dispositive motions due by 7/15/2022. Final Pretrial Conference and Jury Trial dates will be set at a later date by Judge Dlott pursuant to her case management schedule. Signed by Magistrate Judge Karen L. Litkovitz on 8/20/2021. (art) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

RECAP
74

Proposed STIPULATED PROTECTIVE ORDER by Defendants Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Stewart, Benjamin) Modified docket text on 9/1/2021 (eh). (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

RECAP
75

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Karen L. Litkovitz on 9/1/2021. (art)

Sept. 1, 2021

Sept. 1, 2021

RECAP
76

ANSWER to 34 Amended Complaint,,,,, filed by Jane Doe, Sexuality and Gender Acceptance. (Gerhardstein, Alphonse) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

RECAP
77

ANSWER to 34 Amended Complaint,,,,, filed by Jeffrey A. Bauer, Wallace Edwards, David Furbee, Francesca Hartop, Sondra Hash, Robert Howarth, Malonda Johnson, Roberta Milliken, Jennifer Pauley, Tena Pierce, Douglas Shoemaker, Joseph Watson, George White, Scott Williams. (Stewart, Benjamin) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

RECAP
78

NOTICE of Change of Address by Tyson Charles Langhofer (Langhofer, Tyson) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
79

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number BOHSDC-8542067) of Lauren J. Hartz by Intervenor Defendants Jane Doe, Sexuality and Gender Acceptance. (Attachments: # 1 Exhibit Certificate of Good Standing for Lauren J. Hartz, # 2 Text of Proposed Order) (Gerhardstein, Alphonse) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 15, 2021

Oct. 15, 2021

PACER

NOTATION ORDER granting 79 Motion for Leave to Appear Pro Hac Vice of Lauren J. Hartz as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Susan J. Dlott on 10/15/2021. (eh)

Oct. 15, 2021

Oct. 15, 2021

PACER

Status Conference

Nov. 16, 2021

Nov. 16, 2021

PACER

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 11/16/2021. Counsel for plaintiff and for defendants present. Matters discussed. Case set for a follow-up status conference via telephone before MJ Litkovitz on Tues., 2/15/2022 at 4:00 pm. (Court Reporter: None present) (art)

Nov. 16, 2021

Nov. 16, 2021

PACER

Status Conference

Feb. 15, 2022

Feb. 15, 2022

PACER

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 2/15/2022. Counsel for plaintiff and for defendants present. Matters discussed. Case set for a follow-up status conference via telephone before MJ Litkovitz on Tues., 5/31/2022 at 3:00 pm. (Court Reporter: None present) (art)

Feb. 15, 2022

Feb. 15, 2022

PACER
80

STIPULATION of Dismissal with Prejudice by Plaintiff Nicholas K. Meriwether. (Barham, Travis) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

Clearinghouse

Terminated Case

April 14, 2022

April 14, 2022

PACER

***Civil Case Terminated re doc 80 . (kh)

April 14, 2022

April 14, 2022

PACER

Terminate Civil Case

April 14, 2022

April 14, 2022

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Nov. 5, 2018

Closing Date: April 14, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a Shawnee State University philosophy professor who was subject to the University's disciplinary processes

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Trustees of Shawnee State University (Portsmouth), Non-profit or advocacy

Interim President of Shawnee State University (Portsmouth), Non-profit or advocacy

Acting Dean of the College of Arts & Sciences of Shawnee State University (Portsmouth), Non-profit or advocacy

Chair of the Department of English and Humanities of Shawnee State University (Portsmouth), Non-profit or advocacy

Title IX Coordinator of Shawnee State University (Portsmouth), Non-profit or advocacy

Deputy Title IX Coordinator of Shawnee State University (Portsmouth), Non-profit or advocacy

Director of Human Resources of Shawnee State University (Portsmouth), Non-profit or advocacy

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Free Exercise Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Unknown

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Disciplinary procedures

Education

Discrimination Basis:

Religion discrimination