Case: Roake v. Brumley

3:24-cv-00517 | U.S. District Court for the Middle District of Louisiana

Filed Date: June 24, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves Louisiana's HB 71, a state law requiring that the Ten Commandments be posted in every public school classroom. Nine families with children in Louisiana public schools, represented by the American Civil Liberties Union of Louisiana, filed suit against the Louisiana State Superintendent of Education; the members of the Louisiana State Board of Elementary and Secondary Education; the East Baton Rouge Parish School Board; Livingston Parish School Board; Orleans Parish School Boar…

This case involves Louisiana's HB 71, a state law requiring that the Ten Commandments be posted in every public school classroom.

Nine families with children in Louisiana public schools, represented by the American Civil Liberties Union of Louisiana, filed suit against the Louisiana State Superintendent of Education; the members of the Louisiana State Board of Elementary and Secondary Education; the East Baton Rouge Parish School Board; Livingston Parish School Board; Orleans Parish School Board; Vernon Parish School Board; and St. Tammany Parish School Board in the U.S. District Court for the Middle District of Louisiana on June 24, 2024. The nine plaintiff families included two Unitarian families; a Presbyterian family; a Jewish family; an atheist family; and nonreligious families. The case was assigned to District Judge John Wheadon DeGravelles and Magistrate Judge Scott D. Johnson.

The plaintiffs alleged that HB 71's requirement that the Ten Commandments be posted in every public school classroom violated both the Establishment Clause and Free Exercise Clause of the First Amendment. They sought injunctive relief to keep public schools from displaying the Ten Commandments, along with attorneys' fees.

On July 8, 2024, the plaintiffs filed for a preliminary injunction. They requested that the defendants are stopped from enforcing HB 71 and requiring that the Ten Commandments be displayed in every public-school classroom in Louisiana. The plaintiffs also filed a motion for expedited briefing and consideration of the preliminary injunction.

On July 22, 2024, Judge DeGravelles ordered that the defendants do not post the Ten Commandments in any public-school classroom or provide regulations regarding implementation of the statute before November 15, 2024.

On July 25, the plaintiffs’ motion for expedited briefing and consideration of a motion for preliminary injunction was granted in part. The hearing for a ruling on a preliminary injunction was scheduled for September 30, 2024. 

On August 5, 2024, the defendants filed a motion in opposition to the plaintiffs request for preliminary injunction and a motion to dismiss for failure to state a claim. On the same day, the defendants filed a conditional motion to stay preliminary injunctive relief pending an appeal.

On August 26, 2024, the plaintiffs filed in opposition to the defendants’ motions to dismiss and stay the preliminary injunction. The defendants filed their reply on August 30, 2024. The defendants also filed a motion for the Court to exclude the expert testimony of Professor Steven Green as the defendants found it to be not reliable or relevant. The plaintiffs filed in opposition to this on September 6, 2024. The defendants filed a reply on September 10, 2024.

On November 12, 2024, the Court ruled that the defendants' motion to exclude putative expert testimony was denied. The Court found Professor Green to be an expert in the fields of the history of the United States Constitution and the First Amendment with respect to religious matters, the history of religion in U.S. public schools, and denominational variations in the text of the Ten Commandments. The Court also denied the consolidated motion to dismiss, opposition to plaintiffs’ motion for preliminary injunction, and motion for stay pending appeal. The Court granted the plaintiffs motion for preliminary injunction finding that HB 71 was facially unconstitutional. The Court also dismissed the claims of two plaintiffs finding that they lacked standing. On the same day, the defendants appealed (Case Number 24-30706) the Court’s ruling to the Court of Appeals for the Fifth Circuit.

On November 18, 2024, the Fifth Circuit granted the defendants request for an administrative stay pending the Court's disposition of the forthcoming motion for a stay pending appeal. As of November 24, 2024, this case is ongoing.

Summary Authors

Kyle O'Hara (6/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68879768/parties/roake-v-brumley/


Judge(s)

deGravelles, John Wheadon (Louisiana)

Attorney for Plaintiff

Elliott, Patrick C. (Louisiana)

Gimbel, V. Noah (Louisiana)

Attorney for Defendant

Aguinaga, J. Benjamin (Louisiana)

Faircloth, Zachary (Louisiana)

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Documents in the Clearinghouse

Document
1

3:24-cv-00517

Complaint for Declaratory and Injunctive Relief

June 24, 2024

June 24, 2024

Complaint
39

3:24-cv-00517

Defendants' Motion to Dismiss

Aug. 5, 2024

Aug. 5, 2024

Pleading / Motion / Brief
38

3:24-cv-00517

Motion to Dismiss

Aug. 5, 2024

Aug. 5, 2024

Pleading / Motion / Brief
86

3:24-cv-00517

Ruling and Order

Nov. 12, 2024

Nov. 12, 2024

Order/Opinion

2024 WL 4746342

87

3:24-cv-00517

Notice of Appeal

Nov. 12, 2024

Nov. 12, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68879768/roake-v-brumley/

Last updated Aug. 7, 2025, 10:57 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ALAMDC-2768079.), filed by Gary Sernovitz, Benjamin Owens, Adrian Van Young, Darcy Roake, Christy Alkire, Jennifer Harding, Mamie Broadhurst, Erin Hawley, Molly Pulda, Joshua Herlands, David Hawley, Richard Williams, Dustin McCrory, Jeff Sims. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment Civil Cover Sheet - Attorneys, # 3 Summons - Brumley, # 4 Summons - Appel, # 5 Summons - Armstrong, # 6 Summons - Berken, # 7 Summons - Castille, # 8 Summons - Champagne, # 9 Summons - Latten-Clark, # 10 Summons - Harris, # 11 Summons - Hollis, # 12 Summons - Holloway, # 13 Summons - Melerine, # 14 Summons - Morris, # 15 Summons - East Baton Rouge Parish School Board, # 16 Summons - Orleans Parish School Board, # 17 Summons - Livingston Parish School Board, # 18 Summons - Vernon Parish School Board, # 19 Summons - St. Tammany Parish School Board)(Perry, Charles) (Entered: 06/24/2024)

1 Civil Cover Sheet

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2 Attachment Civil Cover Sheet - Attorneys

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3 Summons - Brumley

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4 Summons - Appel

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5 Summons - Armstrong

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6 Summons - Berken

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7 Summons - Castille

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8 Summons - Champagne

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9 Summons - Latten-Clark

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10 Summons - Harris

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11 Summons - Hollis

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12 Summons - Holloway

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13 Summons - Melerine

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14 Summons - Morris

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15 Summons - East Baton Rouge Parish School Board

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16 Summons - Orleans Parish School Board

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17 Summons - Livingston Parish School Board

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18 Summons - Vernon Parish School Board

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19 Summons - St. Tammany Parish School Board

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June 24, 2024

June 24, 2024

Clearinghouse
2

Certificate of Interested Persons by Christy Alkire, Mamie Broadhurst, Jennifer Harding, David Hawley, Erin Hawley, Joshua Herlands, Dustin McCrory, Benjamin Owens, Molly Pulda, Darcy Roake, Gary Sernovitz, Jeff Sims, Adrian Van Young, Richard Williams. (Perry, Charles) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

RECAP
3

MOTION for Jonathan K. Youngwood to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2768333) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 06/24/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Proposed Order

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June 24, 2024

June 24, 2024

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4

MOTION for Nicholas J. Prendergast to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2768334) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 06/24/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Proposed Order

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June 24, 2024

June 24, 2024

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5

MOTION for Jordan Krieger to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2768335) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 06/24/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Proposed Order

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June 24, 2024

June 24, 2024

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6

MOTION for Janet A. Gochman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2768336) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 C - Proposed Order)(Perry, Charles) (Entered: 06/24/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 C - Proposed Order

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June 24, 2024

June 24, 2024

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MOTION(S) REFERRED: 5 MOTION for Jordan Krieger to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2768335), 3 MOTION for Jonathan K. Youngwood to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2768333), 4 MOTION for Nicholas J. Prendergast to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2768334), 6 MOTION for Janet A. Gochman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2768336). This motion is now pending before the USMJ. (ELW)

June 25, 2024

June 25, 2024

PACER
7

Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

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Summons Not Issued: Counsel has requested issuance of a summons for Orleans Parish School Board. The named person/entity is not reflected on the docket sheet as a party in the case. Therefore, summons will not be issued. (ELW) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
9

Summons Issued as to Orleans Parish School Board. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

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10

MOTION for Patrick C. Elliott to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769036) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 06/25/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Proposed Order

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June 25, 2024

June 25, 2024

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MOTION for Samuel T. Grover to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769037) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 06/25/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Proposed Order

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June 25, 2024

June 25, 2024

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ORDER granting 3, 4, 5, and 6 Motions for Jonathan K. Youngwood, Nicholas J. Prendergast, Jordan Krieger, and Janet A. Gochman to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 6/26/2024. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 26, 2024

June 26, 2024

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 26, 2024

June 26, 2024

PACER
13

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/26/2024 at 09:30 AM before Magistrate Judge Scott D. Johnson. Status Report due by 9/12/2024. Signed by Magistrate Judge Scott D. Johnson on 6/26/2024. (KAH) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

RECAP

MOTION(S) REFERRED: 11 MOTION for Samuel T. Grover to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769037), 10 MOTION for Patrick C. Elliott to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769036). This motion is now pending before the USMJ. (ELW)

June 26, 2024

June 26, 2024

PACER
14

ORDER granting 10 and 11 Motions for Patrick C. Elliott and Samuel T.Grover to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 6/26/2024. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

PACER
15

MOTION for Heather L. Weaver to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769745) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 06/27/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Proposed Order

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June 27, 2024

June 27, 2024

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16

MOTION for Alex J. Luchenitser to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769746) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 06/27/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Proposed Order

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June 27, 2024

June 27, 2024

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17

MOTION for Daniel Mach to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769747) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 06/27/2024)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Proposed Order

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June 27, 2024

June 27, 2024

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MOTION(S) REFERRED: 15 MOTION for Heather L. Weaver to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769745), 16 MOTION for Alex J. Luchenitser to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769746), 17 MOTION for Daniel Mach to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2769747). This motion is now pending before the USMJ. (CIS)

June 27, 2024

June 27, 2024

PACER
18

ORDER granting 15, 16, and 17 Motions for Heather L. Weaver, Alex J. Luchenitser, and Daniel Mach to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 6/28/2024. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 28, 2024

June 28, 2024

PACER
19

SUMMONS Returned Executed by Gary Sernovitz, Benjamin Owens, Adrian Van Young, Darcy Roake, Christy Alkire, Jennifer Harding, Mamie Broadhurst, Erin Hawley, Molly Pulda, Joshua Herlands, David Hawley, Richard Williams, Dustin McCrory, Jeff Sims. Conrad Appel served on 6/26/2024, answer due 7/17/2024; Judy Armstrong served on 6/26/2024, answer due 7/17/2024; Kevin Berken served on 6/26/2024, answer due 7/17/2024; Cade Brumley served on 6/26/2024, answer due 7/17/2024; Preston Castille served on 6/26/2024, answer due 7/17/2024; Simone Champagne served on 6/26/2024, answer due 7/17/2024; East Baton Rouge Parish School Board served on 6/26/2024, answer due 7/17/2024; Lance Harris served on 6/26/2024, answer due 7/17/2024; Paul Hollis served on 6/26/2024, answer due 7/17/2024; Sandy Holloway served on 6/26/2024, answer due 7/17/2024; Sharon Latten-Clark served on 6/26/2024, answer due 7/17/2024; Livingston Parish School Board served on 6/26/2024, answer due 7/17/2024; Stacey Melerine served on 6/26/2024, answer due 7/17/2024; Ronnie Morris served on 6/26/2024, answer due 7/17/2024; Orleans Parish School Board served on 6/26/2024, answer due 7/17/2024; St. Tammany Parish School Board served on 6/26/2024, answer due 7/17/2024; Vernon Parish School Board served on 6/27/2024, answer due 7/18/2024. (Youngwood, Jonathan) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

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MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Darcy Roake, # 3 Declaration of Adrian Van Young, # 4 Declaration of Mamie Broadhurst, # 5 Declaration of Richard Williams, # 6 Declaration of Jeff Sims, # 7 Declaration of Jennifer Harding, # 8 Declaration of Benjamin Owens, # 9 Declaration of Erin Hawley, # 10 Declaration of David Hawley, # 11 Declaration of Dustin McCrory, # 12 Declaration of Gary Sernovitz, # 13 Declaration of Molly Pulda, # 14 Declaration of Christy Alkire, # 15 Declaration of Joshua Herlands)(Perry, Charles) (Entered: 07/08/2024)

1 Memorandum in Support of Motion

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2 Declaration of Darcy Roake

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3 Declaration of Adrian Van Young

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4 Declaration of Mamie Broadhurst

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5 Declaration of Richard Williams

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6 Declaration of Jeff Sims

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7 Declaration of Jennifer Harding

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8 Declaration of Benjamin Owens

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9 Declaration of Erin Hawley

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10 Declaration of David Hawley

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11 Declaration of Dustin McCrory

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12 Declaration of Gary Sernovitz

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13 Declaration of Molly Pulda

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14 Declaration of Christy Alkire

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15 Declaration of Joshua Herlands

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July 8, 2024

July 8, 2024

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MOTION to Expedite Briefing and Consideration of Plaintiffs' Motion for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Memorandum in Support of Motion for Expedited Briefing and Consideration, # 2 Proposed Order)(Perry, Charles) (Entered: 07/08/2024)

1 Memorandum in Support of Motion for Expedited Briefing and Consideration

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2 Proposed Order

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July 8, 2024

July 8, 2024

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Notice to Counsel: Status Conference before the District Judge set for 7/17/2024 at 10:30 AM by zoom before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 07/11/2024)

July 11, 2024

July 11, 2024

PACER
23

MOTION to Enroll Zachary Faircloth as Attorney by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board (Attachments: # 1 Proposed Order)(Faircloth, Zachary) (Entered: 07/16/2024)

1 Proposed Order

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July 16, 2024

July 16, 2024

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MOTION for J. Benjamin Aguinaga to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2777883) by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board (Attachments: # 1 Exhibit A-Declaration of J. Benjamin Aguinaga, # 2 Exhibit B-Certificate of Good Standing, # 3 Proposed Order)(Faircloth, Zachary) (Entered: 07/16/2024)

1 Exhibit A-Declaration of J. Benjamin Aguinaga

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2 Exhibit B-Certificate of Good Standing

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3 Proposed Order

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July 16, 2024

July 16, 2024

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Consent MOTION Regarding Briefing Schedule for Parties' Motions and Related Matters by All Plaintiffs, Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, and Vernon Parish School Board (Attachments: # 1 Proposed Order)(Perry, Charles) Modified on 7/17/2024 to edit title of document and to add filers. (JEG). (Entered: 07/16/2024)

1 Proposed Order

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July 16, 2024

July 16, 2024

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ORDER granting 23 Motion to Enroll as Attorney. Signed by Magistrate Judge Scott D. Johnson on 7/17/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

PACER

Order on Motion to Appear Pro Hac Vice

July 17, 2024

July 17, 2024

PACER

Order on Motion to Enroll as Attorney

July 17, 2024

July 17, 2024

PACER

Order

July 17, 2024

July 17, 2024

PACER
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ORDER granting 24 Motion for J. Benjamin Aguinaga to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 7/17/2024. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

PACER
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NOTICE OF DEFICIENCY with LR 7.1 as to 23 Motion to Enroll as Attorney,. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (JEG) (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

PACER
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ORDER: IT IS ORDERED that, by noon on Friday, July 19, 2024, the parties shall submit to the Court (by filing and contemporaneous email to the Courtroom Deputy) an update concerning how long the State with delay implementation of the statute at issue. The Court requests that the parties select the date of November 15, 2024. Assuming that date is selected, the Court will set the hearing in this matter for September 30, 2024, which will give the Court sufficient time to prepare a ruling by the above implementation date. The parties shall then confer and submit a proposed scheduling order concerning discovery and further briefing by Tuesday, July 23, 2024, at noon. Signed by Judge John W. deGravelles on 07/17/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

PACER
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Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference held on 7/17/2024 to discuss the 25 Consent Motion Regarding Briefing Schedule for Parties Motions and Related Matters as well as 20 Motion for Preliminary Injunction. The Court indicated to the parties that it would set the hearing date for the Motion for Preliminary Injunction. The parties will then confer in a good faith attempt to devise a scheduling order for discovery and briefing. The Court by separate order provided this information. (Court Reporter Gina Delatte-Richard.) (EDC) (Entered: 07/18/2024)

July 17, 2024

July 17, 2024

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Certificate of Interested Persons by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board identifying Affiliate/Interested Person East Baton Rouge Parish School Board, Affiliate/Interested Person Richard Williams, Affiliate/Interested Person Paul Hollis, Affiliate/Interested Person Jennifer Harding, Affiliate/Interested Person Americans United for Separation of Church and State, Affiliate/Interested Person American Civil Liberties Union Foundation of Louisiana, Affiliate/Interested Person Darcy Roake, Affiliate/Interested Person Mamie Broadhurst, Affiliate/Interested Person Jeff Sims, Affiliate/Interested Person Benjamin Owens, Affiliate/Interested Person David Hawley, Affiliate/Interested Person Erin Hawley, Affiliate/Interested Person Gary Sernovitz, Affiliate/Interested Person Molly Pulda, Affiliate/Interested Person Christy Alkire, Affiliate/Interested Person Joshua Herlands, Affiliate/Interested Person Cade Brumley, Affiliate/Interested Person Conrad Appel, Affiliate/Interested Person Judy Armstrong, Affiliate/Interested Person Kevin Berken, Affiliate/Interested Person Preston Castille, Affiliate/Interested Person Simone Champagne, Affiliate/Interested Person Sharon Latten-Clark, Affiliate/Interested Person Lance Harris, Affiliate/Interested Person Sandy Holloway, Affiliate/Interested Person Stacey Melerine, Affiliate/Interested Person Ronnie Morris, Affiliate/Interested Person Vernon Parish School Board, Affiliate/Interested Person St. Tammany Parish School Board, Affiliate/Interested Person Adrian Van Young, Affiliate/Interested Person Dustin McCroy, Affiliate/Interested Person american civil liberties union, Affiliate/Interested Person freedom from religion foundation, Affiliate/Interested Person Simpson Thatcher & Bartlett LLP, Affiliate/Interested Person Livingston Parish School Board, Affiliate/Interested Person Orleans Parish School Board, Affiliate/Interested Person State of Louisiana, Affiliate/Interested Person Louisiana State Board of Elementary and Secondary Education for Cade Brumley, Conrad Appel, East Baton Rouge Parish School Board, Judy Armstrong, Kevin Berken, Lance Harris, Livingston Parish School Board, Paul Hollis, Preston Castille, Ronnie Morris, Sandy Holloway, Sharon Latten-Clark, Simone Champagne, St. Tammany Parish School Board, Stacey Melerine, Vernon Parish School Board. (Faircloth, Zachary) (Entered: 07/18/2024)

July 18, 2024

July 18, 2024

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NOTICE In Accordance with the Court's Order by Christy Alkire, Mamie Broadhurst, Jennifer Harding, David Hawley, Erin Hawley, Joshua Herlands, Dustin McCrory, Benjamin Owens, Molly Pulda, Darcy Roake, Gary Sernovitz, Jeff Sims, Adrian Van Young, Richard Williams and Defendants. (Perry, Charles) Modified on 7/19/2024 to edit title of document and to add filers. (JEG). (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

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33

ORDER: No defendant will post the Ten Commandments in any public-school classroom before 11/15/2024. Defendants will not, before 11/15/2024, promulgate advice, rules, or regulations regarding proper implementation of the challenged statute. Signed by Judge John W. deGravelles on 7/22/2024. (JEG) (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

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34

Amended Consent Motion Regarding Briefing Schedule for Parties' Motions and Related Matters by All Plaintiffs (Attachments: # 1 Proposed Order)(Perry, Charles) Modified on 7/23/2024 to edit title of document. (JEG). (Entered: 07/23/2024)

1 Proposed Order

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July 23, 2024

July 23, 2024

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35

MOTION to Enroll Phyllis Glazer as Additional Attorney by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Stacey Melerine, Ronnie Morris (Attachments: # 1 Proposed Order)(Faircloth, Zachary) (Entered: 07/24/2024)

1 Proposed Order

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July 24, 2024

July 24, 2024

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MOTION(S) REFERRED: 35 MOTION to Enroll Phyllis Glazer as Additional Attorney . This motion is now pending before the USMJ. (JEG)

July 24, 2024

July 24, 2024

PACER
36

ORDER granting 35 Motion to Enroll Additional Attorney. Signed by Magistrate Judge Scott D. Johnson on 7/25/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/25/2024)

July 25, 2024

July 25, 2024

PACER

Order on Motion to Enroll Additional Attorney

July 25, 2024

July 25, 2024

PACER
37

ORDER granting in part and denying in part 21 Motion to Expedite Briefing and Consideration of Plaintiffs' Motion for Preliminary Injunction, 25 Consent Motion Regarding Briefing Schedule for Parties' Motions and Related Matters, and 34 Amended Consent Motion Regarding Briefing Schedule for Parties' Motions and Related Matters. Hearing re 20 Motion for Preliminary Injunction before the District Judge set for 9/30/2024 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Judge John W. deGravelles on 7/25/2024. (JEG) (Entered: 07/25/2024)

July 25, 2024

July 25, 2024

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38

MOTION to Dismiss and Opposition to 20 Motion for Preliminary Injunction by Orleans Parish School Board (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Declaration of Illarmo)(Sha, Rebecca) Modified on 8/6/2024 to edit title of document and to remove duplicate description of attachments. (JEG). (Entered: 08/05/2024)

1 Memorandum in Support

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2 Exhibit A - Declaration of Illarmo

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Aug. 5, 2024

Aug. 5, 2024

Clearinghouse
39

MOTION to Dismiss for Failure to State a Claim by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board (Attachments: # 1 Memo of Law in Support, # 2 Affidavit Townsend Declaration, # 3 Affidavit Morris Declaration, # 4 Affidavit Smith Declaration, # 5 Affidavit Hart Declaration, # 6 Affidavit Travis Declaration, # 7 Affidavit Link Declaration)(Faircloth, Zachary) Modified on 8/6/2024 to remove duplicate description of attachment 1. (JEG). (Entered: 08/05/2024)

1 Memo of Law in Support

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2 Affidavit Townsend Declaration

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3 Affidavit Morris Declaration

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4 Affidavit Smith Declaration

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5 Affidavit Hart Declaration

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6 Affidavit Travis Declaration

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7 Affidavit Link Declaration

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Aug. 5, 2024

Aug. 5, 2024

Clearinghouse
40

Conditional MOTION to Stay Preliminary Injunctive Relief Pending Appeal by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board (Attachments: # 1 Memo of Law in Support)(Faircloth, Zachary) Modified on 8/6/2024 to edit title of document and to remove duplicate description of attachment. (JEG). (Attachment 1 replaced on 8/9/2024 in accordance with record document 45) (NLT). (Entered: 08/05/2024)

1 Memo of Law in Support

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Aug. 5, 2024

Aug. 5, 2024

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41

NOTICE OF DEFICIENCY with LR 7.1 as to 38 Motion to Dismiss. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (JEG) (Entered: 08/06/2024)

Aug. 6, 2024

Aug. 6, 2024

PACER
42

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 40 Motion to Stay. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Substitute the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (JEG) (Entered: 08/06/2024)

Aug. 6, 2024

Aug. 6, 2024

PACER
43

Certificate of Interested Persons by Orleans Parish School Board. (Sha, Rebecca) (Entered: 08/06/2024)

Aug. 6, 2024

Aug. 6, 2024

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44

MOTION for Leave to Exceed Page Limits, MOTION to Substitute Incorrect Pleading by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board (Attachments: # 1 Proposed Pleading; Memo of Law in Support)(Faircloth, Zachary) Modified on 8/6/2024 to edit docket text (CIS). (Entered: 08/06/2024)

1 Proposed Pleading; Memo of Law in Support

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Aug. 6, 2024

Aug. 6, 2024

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45

ORDER granting 44 Motion for Leave to File Memorandum in Excess Pages and to Substitute the attached Memorandum in support of Defendants' Conditional Motion to Stay @ Doc. 40-1. Signed by Judge John W. deGravelles on 08/07/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 08/07/2024)

Aug. 7, 2024

Aug. 7, 2024

PACER

Order on Motion for Leave to File Excess Pages AND Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

Aug. 7, 2024

Aug. 7, 2024

PACER
46

Combined Memorandum in Opposition to 38 MOTION to Dismiss and Reply in Support of Plaintiffs' 20 Motion for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Declaration of Chloe L.M. Slater, # 2 Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration, # 4 Exhibit 3 to Declaration, # 5 Exhibit 4 to Declaration, # 6 Exhibit 5 to Declaration, # 7 Exhibit 6 to Declaration, # 8 Exhibit 7 to Declaration, # 9 Exhibit 8 to Declaration, # 10 Exhibit 9 to Declaration, # 11 Exhibit 10 to Declaration)(Perry, Charles) Modified on 8/27/2024 to edit title of document and to add linkage to document 20. (JEG). (Entered: 08/26/2024)

1 Declaration of Chloe L.M. Slater

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2 Exhibit 1 to Declaration

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3 Exhibit 2 to Declaration

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4 Exhibit 3 to Declaration

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5 Exhibit 4 to Declaration

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6 Exhibit 5 to Declaration

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7 Exhibit 6 to Declaration

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8 Exhibit 7 to Declaration

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9 Exhibit 8 to Declaration

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10 Exhibit 9 to Declaration

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11 Exhibit 10 to Declaration

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Aug. 26, 2024

Aug. 26, 2024

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47

Combined Memorandum in Opposition to 39 MOTION to Dismiss for Failure to State a Claim, 40 Conditional MOTION to Stay Preliminary Injunctive Relief Pending Appeal and Reply in Support of Plaintiffs' 20 Motion for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Declaration of Steven K. Green, # 2 Exhibit 1 to Declaration of Steven K. Green (Expert Report), # 3 Declaration of Chloe Slater, # 4 Exhibit 1 to Declaration of Chloe Slater, # 5 Exhibit 2 to Declaration of Chloe Slater, # 6 Exhibit 3 to Declaration of Chloe Slater, # 7 Exhibit 4 to Declaration of Chloe Slater, # 8 Exhibit 5 to Declaration of Chloe Slater)(Perry, Charles) Modified on 8/27/2024 to edit title of document and to add linkage to document 20. (JEG). (Entered: 08/26/2024)

1 Declaration of Steven K. Green

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2 Exhibit 1 to Declaration of Steven K. Green (Expert Report)

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3 Declaration of Chloe Slater

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4 Exhibit 1 to Declaration of Chloe Slater

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5 Exhibit 2 to Declaration of Chloe Slater

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6 Exhibit 3 to Declaration of Chloe Slater

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7 Exhibit 4 to Declaration of Chloe Slater

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8 Exhibit 5 to Declaration of Chloe Slater

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Aug. 26, 2024

Aug. 26, 2024

RECAP
48

Notice of Deficiency with Administrative Procedure III(A)(1) as to 46 Memorandum in Opposition. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (JEG) (Entered: 08/27/2024)

Aug. 27, 2024

Aug. 27, 2024

PACER
49

Notice of Deficiency with Administrative Procedure III(A)(1) as to 47 Memorandum in Opposition. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (JEG) (Entered: 08/27/2024)

Aug. 27, 2024

Aug. 27, 2024

PACER
50

Exhibit(s) to 47 Memorandum in Opposition by Christy Alkire, Mamie Broadhurst, Jennifer Harding, David Hawley, Erin Hawley, Joshua Herlands, Dustin McCrory, Benjamin Owens, Molly Pulda, Darcy Roake, Gary Sernovitz, Jeff Sims, Adrian Van Young, Richard Williams. (Attachments: # 1 Exhibit A - Declaration of Steven K. Green, # 2 Exhibit A-1 - Expert Report of Steven K. Green, # 3 Exhibit B - Declaration of Chloe Slater, # 4 Exhibit B-1 - AG Murrill post dtd 7/19/2024, # 5 Exhibit B-2 - AG Murrill Facebook post dtd 7/27/2024, # 6 Exhibit B-3 - AG Murrill Facebook post dtd 7/24/2024, # 7 Exhibit B-4 - Policies/Bulletins, Louisiana State Board of Elementary and Secondary Education, # 8 Exhibit B-5 - Louisiana Department of Educations 2023-2024 Charter School Assurances)(Perry, Charles) (Entered: 08/27/2024)

1 Exhibit A - Declaration of Steven K. Green

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2 Exhibit A-1 - Expert Report of Steven K. Green

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3 Exhibit B - Declaration of Chloe Slater

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4 Exhibit B-1 - AG Murrill post dtd 7/19/2024

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5 Exhibit B-2 - AG Murrill Facebook post dtd 7/27/2024

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6 Exhibit B-3 - AG Murrill Facebook post dtd 7/24/2024

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7 Exhibit B-4 - Policies/Bulletins, Louisiana State Board of Elementary and Secon

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8 Exhibit B-5 - Louisiana Department of Educations 2023-2024 Charter School Assur

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Aug. 27, 2024

Aug. 27, 2024

RECAP
51

Exhibit(s) to 46 Memorandum in Opposition by Christy Alkire, Mamie Broadhurst, Jennifer Harding, David Hawley, Erin Hawley, Joshua Herlands, Dustin McCrory, Benjamin Owens, Molly Pulda, Darcy Roake, Gary Sernovitz, Jeff Sims, Adrian Van Young, Richard Williams. (Attachments: # 1 Exhibit A - Declaration of Chloe Slater, # 2 Exhibit A-1 - June 4, 2024 NOLA-PS Press Release, # 3 Exhibit A-2 OPSB Policy HA, # 4 Exhibit A-3 - OPSB Policy HAA, # 5 Exhibit A-4 - Willow Charter School Agreement, # 6 Exhibit A-5 - New Orleans Public School 2022-2023 Governance Chart, # 7 Exhibit A-6 - OPSB Policy HB, # 8 Exhibit A-7 - OPSB Policy HH, # 9 Exhibit A-8 - OPSB Policy BBC, # 10 Exhibit A-9 - Charter School Agreement Legacy of Excellence, # 11 Exhibit A-10 NOLA Public Schools 2024-25 Charter School Assurances)(Perry, Charles) (Entered: 08/27/2024)

1 Exhibit A - Declaration of Chloe Slater

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2 Exhibit A-1 - June 4, 2024 NOLA-PS Press Release

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3 Exhibit A-2 OPSB Policy HA

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4 Exhibit A-3 - OPSB Policy HAA

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5 Exhibit A-4 - Willow Charter School Agreement

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6 Exhibit A-5 - New Orleans Public School 2022-2023 Governance Chart

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7 Exhibit A-6 - OPSB Policy HB

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8 Exhibit A-7 - OPSB Policy HH

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9 Exhibit A-8 - OPSB Policy BBC

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10 Exhibit A-9 - Charter School Agreement Legacy of Excellence

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11 Exhibit A-10 NOLA Public Schools 2024-25 Charter School Assurances

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Aug. 27, 2024

Aug. 27, 2024

PACER
52

REPLY in Support of 38 MOTION to Dismiss and Opposition to 20 Motion for Preliminary Injunction filed by Orleans Parish School Board. (Sha, Rebecca) Modified on 8/30/2024 to edit title of document and to add linkage to document 20. (JEG). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
53

MOTION to Exclude Putative Expert Testimony by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board (Attachments: # 1 Proposed Pleading; Supplemental Brief re Expert Report and Motion to Exclude, # 2 Exhibit G- Declaration and Exhibits G1-G9, # 3 Exhibits G9-G18)(Faircloth, Zachary) Modified on 9/3/2024 to edit title of document. (JEG). (Entered: 08/30/2024)

1 Proposed Pleading; Supplemental Brief re Expert Report and Motion to Exclude

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2 Exhibit G- Declaration and Exhibits G1-G9

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3 Exhibits G9-G18

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Aug. 30, 2024

Aug. 30, 2024

PACER
54

REPLY in Support of 39 MOTION to Dismiss for Failure to State a Claim filed by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board. (Attachments: # 1 Exhibit G- Declaration- Exhibit G-9, # 2 Exhibit G10- Exhibit G-18)(Faircloth, Zachary) Modified on 9/3/2024 to remove duplicate description of attachments. (JEG). (Entered: 08/30/2024)

1 Exhibit List Exhibit G- Declaration- Exhibit G-9

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2 Exhibit List Exhibit G10- Exhibit G-18

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Aug. 30, 2024

Aug. 30, 2024

PACER
55

Notice of Deficiency with Administrative Procedure III(A)(1) as to 53 Motion to Exclude Putative Expert Testimony. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (JEG) (Entered: 09/03/2024)

Sept. 3, 2024

Sept. 3, 2024

PACER
56

Notice of Deficiency with Administrative Procedure III(A)(1) as to 54 Reply to Response to Motion. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (JEG) (Entered: 09/03/2024)

Sept. 3, 2024

Sept. 3, 2024

PACER
57

Exhibit(s) to 53 MOTION to Exclude Putative Expert Testimony by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board. (Attachments: # 1 Ex. G- Declaration of Zachary Faircloth, # 2 Ex. G-1- Article in The Herald-Leader 12-14-1980, # 3 Ex. G-2- Photograph included in Ex. G-1, # 4 Ex. G-3- Article in The Herald-Leader 11-22-1980, # 5 Ex. G-4- Article in The Cincinnati Enquirer, # 6 Ex. G-5- Article in the Messenger Inquirer, # 7 Ex. G-6- Article in The Paducah Sun, # 8 Ex. G-7- Article in The Adair County News, # 9 Ex. G-8- pp. 160-161 of W.L. McGuffrey, The Eclectic Second Reader for the Younger Classes, # 10 Ex. G-9- pp. 216-217 of Wm. H. McGuffrey, L.L. D., McGuffrey's Newly Revised Eclectic Second Reader, # 11 Ex. G-10- p. 162 of Wm. H. McGuffrey, LLD, McGuffrey's New Second Eclectic Reader for Young Learners, # 12 Ex. G-11- pp. 76-78 of McGuffey's New High School Reader for Adv Classes, # 13 Ex. G-12- pp. 207-210 of McGuffrey's Fourth Eclectic Reader, # 14 Ex. G-13- pp. 95-96 of Wm. H. McGuffrey, LLD, McGuffrey's Newly Revised First Reader, # 15 Ex. G-14- pp. 134-136 of Wm. H. McGuffrey, LLD, McGuffrey's Newly Revised Eclectic Third Reader, # 16 Ex. G-15- pp. 110-112 of Wm. H. McGuffrey, LLD, McGuffrey's New Fifth Eclectic Reader, # 17 Ex. G-16- pp. 56-64 of The New-England Primer, # 18 Ex. G-17- pp. 54-57, 70-71, and 105 of Noah Webster, The American Spelling Book, # 19 Ex. G-18- pp. 34-37 and 135-144 of Noah Webster, The American Spelling Book)(Faircloth, Zachary) (Entered: 09/03/2024)

1 Ex. G- Declaration of Zachary Faircloth

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2 Ex. G-1- Article in The Herald-Leader 12-14-1980

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3 Ex. G-2- Photograph included in Ex. G-1

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4 Ex. G-3- Article in The Herald-Leader 11-22-1980

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5 Ex. G-4- Article in The Cincinnati Enquirer

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6 Ex. G-5- Article in the Messenger Inquirer

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7 Ex. G-6- Article in The Paducah Sun

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8 Ex. G-7- Article in The Adair County News

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9 Ex. G-8- pp. 160-161 of W.L. McGuffrey, The Eclectic Second Reader for the Youn

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10 Ex. G-9- pp. 216-217 of Wm. H. McGuffrey, L.L. D., McGuffrey's Newly Revis

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11 Ex. G-10- p. 162 of Wm. H. McGuffrey, LLD, McGuffrey's New Second Eclectic

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12 Ex. G-11- pp. 76-78 of McGuffey's New High School Reader for Adv Classes

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13 Ex. G-12- pp. 207-210 of McGuffrey's Fourth Eclectic Reader

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14 Ex. G-13- pp. 95-96 of Wm. H. McGuffrey, LLD, McGuffrey's Newly Revised Fi

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15 Ex. G-14- pp. 134-136 of Wm. H. McGuffrey, LLD, McGuffrey's Newly Revised

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16 Ex. G-15- pp. 110-112 of Wm. H. McGuffrey, LLD, McGuffrey's New Fifth Ecle

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17 Ex. G-16- pp. 56-64 of The New-England Primer

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18 Ex. G-17- pp. 54-57, 70-71, and 105 of Noah Webster, The American Spelling Book

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19 Ex. G-18- pp. 34-37 and 135-144 of Noah Webster, The American Spelling Book

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Sept. 3, 2024

Sept. 3, 2024

PACER
58

NOTICE of ABBREVIATED Briefing Schedule on 53 MOTION to Exclude Putative Expert Testimony : Opposition to the motion shall be filed within 7 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 4 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 09/03/2024)

Sept. 3, 2024

Sept. 3, 2024

PACER
59

Exhibit(s) to 54 Reply to Response to Motion,, by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board. (Attachments: # 1 Ex. G- Declaration of Zachary Faircloth, # 2 Ex. G-1- Article in The Herald-Leader 12-14-1980, # 3 Ex. G-2- Photograph included in Ex. G-1, # 4 Ex. G-3- Article in The Herald-Leader 11-22-1980, # 5 Ex. G-4- Article in The Cincinnati Enquirer, # 6 Ex. G-5- Article in the Messenger Inquirer, # 7 Ex. G-6- Article in The Paducah Sun, # 8 Ex. G-7- Article in The Adair County News, # 9 Ex. G-8- pp. 160-161 of W.L. McGuffrey, The Eclectic Second Reader for the Younger Classes, # 10 Ex. G-9- pp. 216-217 of Wm. H. McGuffrey, L.L. D., McGuffrey's Newly Revised Eclectic Second Reader, # 11 Ex. G-10- p. 162 of Wm. H. McGuffrey, LLD, McGuffrey's New Second Eclectic Reader for Young Learners, # 12 Ex. G-11- pp. 76-78 of McGuffey's New High School Reader for Adv Classes, # 13 Ex. G-12- pp. 207-210 of McGuffrey's Fourth Eclectic Reader, # 14 Ex. G-13- pp. 95-96 of Wm. H. McGuffrey, LLD, McGuffrey's Newly Revised First Reader, # 15 Ex. G-14- pp. 134-136 of Wm. H. McGuffrey, LLD, McGuffrey's Newly Revised Eclectic Third Reader, # 16 Ex. G-15- pp. 110-112 of Wm. H. McGuffrey, LLD, McGuffrey's New Fifth Eclectic Reader, # 17 Ex. G-16- pp. 56-64 of The New-England Primer, # 18 Ex. G-17- pp. 54-57, 70-71, and 105 of Noah Webster, The American Spelling Book, # 19 Ex. G-18- pp. 34-37 and 135-144 of Noah Webster, The American Spelling Book)(Faircloth, Zachary) (Entered: 09/03/2024)

Sept. 3, 2024

Sept. 3, 2024

PACER
60

Joint MOTION to Continue Scheduling Order Deadlines by All Plaintiffs (Attachments: # 1 Proposed Order)(Perry, Charles) (Entered: 09/05/2024)

1 Proposed Order

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Sept. 5, 2024

Sept. 5, 2024

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MOTION(S) REFERRED: 60 Joint MOTION to Continue Scheduling Order Deadlines . This motion is now pending before the USMJ. (EDC)

Sept. 6, 2024

Sept. 6, 2024

PACER
61

MEMORANDUM in Opposition to 53 MOTION to Exclude Putative Expert Testimony filed by All Plaintiffs. (Perry, Charles) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

RECAP
62

NOTICE of Hearing on 53 MOTION to Exclude Putative Expert Testimony : Motion Hearing set for 9/30/2024 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles.Plaintiffs' experts should be present and prepared to testify before the Court. In ruling on Defendants' Daubert Motion, the Court will be guided by certain principles which the Court will publish into the record later this week. If the parties believe that the September 30, 2024 hearing on all motions will last more than one day, they should advise the Court no later than September 11, 2024, at 4:00 p.m. through a joint notice filed into the record.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

RECAP
63

REPLY in Support of 53 MOTION to Exclude Putative Expert Testimony filed by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board. (Faircloth, Zachary) (Entered: 09/10/2024)

Sept. 10, 2024

Sept. 10, 2024

PACER
64

NOTICE In Accordance With 62 Notice of Hearing on Motion by Christy Alkire, Mamie Broadhurst, Jennifer Harding, David Hawley, Erin Hawley, Joshua Herlands, Dustin McCrory, Benjamin Owens, Molly Pulda, Darcy Roake, Gary Sernovitz, Jeff Sims, Adrian Van Young, Richard Williams (Perry, Charles) Modified on 9/11/2024 to edit title of document. (JEG). (Entered: 09/11/2024)

Sept. 11, 2024

Sept. 11, 2024

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65

Principles to Be Utilized for Analyzing and Deciding Daubert Motions Before District Judge John W. deGravelles as to 53 MOTION to Exclude Putative Expert Testimony. Signed by Judge John W. deGravelles on 9/13/2024. (JEG) (Entered: 09/13/2024)

Sept. 13, 2024

Sept. 13, 2024

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66

ORDERL The 60 Joint Motion to Continue Scheduling Conference Deadlines is GRANTED. The Scheduling Conference is CANCELED and deadlines for Rule 26(f) conference and joint status report are VACATED. Upon disposition of the pending motions to dismiss, Plaintiffs shall file a motion to set scheduling conference, if applicable. Signed by Magistrate Judge Scott D. Johnson on 9/16/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

PACER

Order on Motion to Continue

Sept. 16, 2024

Sept. 16, 2024

PACER
67

Witness List by Orleans Parish School Board. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Sha, Rebecca) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
68

Exhibit List by Orleans Parish School Board.. (Sha, Rebecca) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
69

MOTION to Enroll Caitlin Huettemann as Additional Attorney by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board (Attachments: # 1 Proposed Order)(Faircloth, Zachary) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
70

Exhibit List by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board.. (Faircloth, Zachary) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
71

Witness List by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Faircloth, Zachary) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
72

Exhibit List and Witness List by Christy Alkire, Mamie Broadhurst, Jennifer Harding, David Hawley, Erin Hawley, Joshua Herlands, Dustin McCrory, Benjamin Owens, Molly Pulda, Darcy Roake, Gary Sernovitz, Jeff Sims, Adrian Van Young, Richard Williams. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Perry, Charles) Modified on 9/19/2024 to restrict document and to edit docket text. (JEG). (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
73

NOTICE of Hearing on 38 MOTION to Dismiss, 40 Conditional MOTION to Stay Preliminary Injunctive Relief Pending Appeal, 53 MOTION to Exclude Putative Expert Testimony, 39 MOTION to Dismiss for Failure to State a Claim, 20 MOTION for Preliminary Injunction : Considering the Court's criminal docket, IT IS ORDERED that the hearing on the pending motions is continued to October 21, 2024, at 9:30 a.m. in courtroom 1. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER

Order on Motion to Enroll Additional Attorney

Sept. 20, 2024

Sept. 20, 2024

PACER

MOTION(S) REFERRED: 69 MOTION to Enroll Caitlin Huettemann as Additional Attorney . This motion is now pending before the USMJ. (ELW)

Sept. 20, 2024

Sept. 20, 2024

PACER
74

ORDER granting 69 Motion to Enroll Additional Attorney. Signed by Magistrate Judge Scott D. Johnson on 9/20/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER
75

MOTION for V. Noah Gimbel to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2809739) by All Plaintiffs (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Perry, Charles) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 26, 2024

Sept. 26, 2024

PACER

MOTION(S) REFERRED: 75 MOTION for V. Noah Gimbel to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2809739). This motion is now pending before the USMJ. (ELW)

Sept. 26, 2024

Sept. 26, 2024

PACER
76

ORDER granting 75 Motion for V. Noah Gimbel to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 9/26/2024. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
77

ORDER: NOTICE REGARDING HEARING on Monday, October 21, 2024, at 9:30 a.m. (see attached notice). Signed by Judge John W. deGravelles on 10/18/2024. (KDC). (Attachment added on 10/18/2024: # 1 Exhibit NOTICE) (KDC). (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

RECAP
78

ORDER: AMENDED NOTICE REGARDING HEARING on Monday, October 21, 2024, at 9:30 a.m. (see attached notice). Signed by Judge John W. deGravelles on 10/28/2024. (KDC) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

RECAP
83

Minute Entry for proceedings held before Judge John W. deGravelles: A Motion Hearing was held on 10/21/2024 re 20 MOTION for Preliminary Injunction, 38 MOTION to Dismiss, 39 MOTION to Dismiss for Failure to State a Claim, 40 Conditional MOTION to Stay Preliminary Injunctive Relief Pending Appeal, 53 MOTION to Exclude Putative Expert Testimony. Exhibits are filed. Expert sworn and testified. Counsel presented arguments as requested in the Court's 78 Notice. THe Court takes the pending motions under advisement. (Court Reporter Gina Delatte-Richard.) Pursuant to Local Rules, offering parties shall retain custody of exhibits.(JEG) (Entered: 10/24/2024)

Oct. 21, 2024

Oct. 21, 2024

RECAP
84

ELECTRONIC EXHIBIT List for hearing dated 10/21/2024. (JEG) (Additional attachment(s) added on 11/12/2024: # 1 Defendant Exhibit 1, # 2 Defendant Exhibit 2, # 3 Defendant Exhibit 3, # 4 Defendant Exhibit 4, # 5 Defendant Exhibit 5, # 6 Defendant Exhibit 6, # 7 Defendant Exhibit 7, # 8 Defendant Exhibit 8, # 9 Defendant Exhibit 71, # 10 Defendant Exhibit 72, # 11 Defendant Exhibit 73, # 12 Defendant Exhibit 74, # 13 Defendant Exhibit 75, # 14 Defendant Exhibit 76, # 15 Defendant Exhibit 77, # 16 Defendant Exhibit 78, # 17 Defendant Exhibit 79, # 18 Defendant Exhibit 81, # 20 Defendant Exhibit 710, # 21 Defendant Exhibit 711, # 22 Defendant Exhibit 712, # 23 Defendant Exhibit 713, # 24 Defendant Exhibit 714, # 25 Defendant Exhibit 715, # 26 Defendant Exhibit 716, # 27 Defendant Exhibit 717, # 28 Defendant Exhibit 718, # 29 OPSB Exhibit 1, # 30 OPSB Exhibit 2, # 31 OPSB Exhibit 3, # 32 Plaintiff Exhibit 1, # 33 Plaintiff Exhibit 1a, # 34 Plaintiff Exhibit 2, # 35 Plaintiff Exhibit 3, # 36 Plaintiff Exhibit 4, # 37 Plaintiff Exhibit 5, # 38 Plaintiff Exhibit 6, # 39 Plaintiff Exhibit 7, # 40 Plaintiff Exhibit 8, # 41 Plaintiff Exhibit 9, # 42 Plaintiff Exhibit 10, # 43 Plaintiff Exhibit 11, # 44 Plaintiff Exhibit 12, # 45 Plaintiff Exhibit 13, # 46 Plaintiff Exhibit 14, # 47 Plaintiff Exhibit 15, # 48 Plaintiff Exhibit 16, # 49 Plaintiff Exhibit 17, # 50 Plaintiff Exhibit 17a, # 51 Plaintiff Exhibit 17b, # 52 Plaintiff Exhibit 17c, # 53 Plaintiff Exhibit 17d, # 54 Plaintiff Exhibit 17e, # 55 Plaintiff Exhibit 18, # 56 Plaintiff Exhibit 18a, # 57 Plaintiff Exhibit 18b, # 58 Plaintiff Exhibit 18c, # 59 Plaintiff Exhibit 18d, # 61 Plaintiff Exhibit 18e, # 62 Plaintiff Exhibit 18f, # 63 Plaintiff Exhibit 18g, # 64 Plaintiff Exhibit 18h, # 65 Plaintiff Exhibit 18i, # 66 Plaintiff Exhibit 18j) (NLT). (Entered: 10/24/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
79

Unopposed MOTION to Admit Physical Copy of Defendants' Exhibit by Conrad Appel, Judy Armstrong, Kevin Berken, Cade Brumley, Preston Castille, Simone Champagne, East Baton Rouge Parish School Board, Lance Harris, Paul Hollis, Sandy Holloway, Sharon Latten-Clark, Livingston Parish School Board, Stacey Melerine, Ronnie Morris, St. Tammany Parish School Board, Vernon Parish School Board (Attachments: # 1 Proposed Order)(Faircloth, Zachary) (Entered: 10/22/2024)

1 Proposed Order

View on PACER

Oct. 22, 2024

Oct. 22, 2024

RECAP
80

TRANSCRIPT REQUEST by Christy Alkire, Mamie Broadhurst, Jennifer Harding, David Hawley, Erin Hawley, Joshua Herlands, Dustin McCrory, Benjamin Owens, Molly Pulda, Darcy Roake, Gary Sernovitz, Jeff Sims, Adrian Van Young, Richard Williams for proceedings held on 10/21/2024 before Judge John W. deGravelles.. (Perry, Charles) (Entered: 10/22/2024)

Oct. 22, 2024

Oct. 22, 2024

PACER