Case: Levang v. Kappa Kappa Gamma Fraternity

COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-9783927), filed by Ann Witt, Susan Jennings, Cheryl Tuck-Smith, Margo Knorr, Patsy Levang, Karen Pope. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 16) (Lavin, Angela) (Entered: 01/25/2024)

1 Civil Cover Sheet

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Exhibit Exhibit 8

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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12 Exhibit Exhibit 11

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13 Exhibit Exhibit 12

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14 Exhibit Exhibit 13

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15 Exhibit Exhibit 14

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16 Exhibit Exhibit 15

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17 Exhibit Exhibit 17

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18 Exhibit Exhibit 18

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19 Exhibit Exhibit 19

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20 Exhibit Exhibit 20

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21 Exhibit Exhibit 21

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22 Exhibit Exhibit 22

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23 Exhibit Exhibit 23

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24 Exhibit Exhibit 24

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25 Exhibit Exhibit 25

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26 Exhibit Exhibit 26

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27 Exhibit Exhibit 16

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MOTION to File Document Under Seal by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt. (Lavin, Angela) (Entered: 01/25/2024)

Rule 7.1(a)(2) Disclosure Statement by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt. (Lavin, Angela) (Entered: 01/25/2024)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOSDC-9784088) of Sylvia May Mailman by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing) (Lavin, Angela) (Entered: 01/25/2024)

REQUEST for Issuance of Summons. (Attachments: # 1 Summons Form Mary Pat Rooney, # 2 Summons Form Maria Brown, # 3 Summons Form Nancy Campbell, # 4 Summons Form Liz Wong, # 5 Summons Form Beth Goettelman, # 6 Summons Form Kyle Donnelly, # 7 Summons Form Beth Black) (Lavin, Angela) (Entered: 01/25/2024)

Pay Fees Via Pay.Gov

Filing fee: $ 200, receipt number AOHSDC-9784088. (Lavin, Angela)

NOTATION ORDER granting 4 Motion for Leave to Appear Pro Hac Vice of Sylvia May Mailman as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Kimberly A. Jolson on 1/26/2024. (mas) (Entered: 01/26/2024)

Summons Issued as to Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong. (mas) (Entered: 01/26/2024)

ORDER granting 2 Motion to File Document Under Seal. Plaintiffsmay file both Exhibit 4 and Exhibit 5 to the complaint under seal. However, as this litigation progresses, the Court might revisit this question. Signed by Magistrate Judge Kimberly A. Jolson on 1/26/2024. (er) (Entered: 01/26/2024)

Order on Motion for Leave to Appear Pro Hac Vice

WAIVER OF SERVICE Returned Executed. Waiver sent to Beth Black on 2/1/2024, answer due 4/1/2024. (Lavin, Angela) (Entered: 02/06/2024)

WAIVER OF SERVICE Returned Executed. Waiver sent to Maria Brown on 2/1/2024, answer due 4/1/2024. (Lavin, Angela) (Entered: 02/06/2024)

WAIVER OF SERVICE Returned Executed. Waiver sent to Nancy Cambpell on 2/1/2024, answer due 4/1/2024. (Lavin, Angela) (Entered: 02/06/2024)

WAIVER OF SERVICE Returned Executed. Waiver sent to Barb Goettleman on 2/1/2024, answer due 4/1/2024. (Lavin, Angela) (Entered: 02/06/2024)

WAIVER OF SERVICE Returned Executed. Waiver sent to Kyle Donnelly on 2/1/2024, answer due 4/1/2024. (Lavin, Angela) (Entered: 02/06/2024)

WAIVER OF SERVICE Returned Executed. Waiver sent to Kappa Kappa Gamma Fraternity on 2/1/2024, answer due 4/1/2024. (Lavin, Angela) (Entered: 02/06/2024)

WAIVER OF SERVICE Returned Executed. Waiver sent to Mary Pat Rooney on 2/1/2024, answer due 4/1/2024. (Lavin, Angela) (Entered: 02/06/2024)

WAIVER OF SERVICE Returned Executed. Waiver sent to Liz Wong on 2/1/2024, answer due 4/1/2024. (Lavin, Angela) (Entered: 02/06/2024)

Corporate Disclosure Statement by Defendant Kappa Kappa Gamma Fraternity. (Dressel, Brian) (Entered: 03/28/2024)

Unopposed MOTION for Leave to File Excess Pages by Defendants Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong. (Attachments: # 1 Proposed Order) (Dressel, Brian) (Entered: 03/28/2024)

NOTICE of Hearing: Pretrial Conference set for 4/23/2024 10:30 AM in Teleconference before Magistrate Judge Kimberly A. Jolson. (jr) (Entered: 03/29/2024)

NOTICE of Appearance by Natalie M McLaughlin for Defendants Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong (McLaughlin, Natalie) (Entered: 03/29/2024)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong. (Dressel, Brian) (Entered: 04/01/2024)

Order on Motion for Leave to File Excess Pages

Defendants' motion for excess pages 20 is GRANTED. Defendants' forthcoming memorandum shall not exceed twenty-five pages and shall not include a summary of the argument or table of authorities by Judge Michael H. Watson on 4/1/2024. (jk)

Joint MOTION to Continue by Defendants Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong. (Attachments: # 1 Proposed Order) (Dressel, Brian) (Entered: 04/16/2024)

NOTATION ORDER granting 24 Motion to Continue Preliminary Pretrial Conference and Rule 26(f) Report Deadline. The Preliminary Pretrial Conference set for 4/23/24 is VACATED. Should this case survive the pending motion to dismiss (Doc. 23 ), the Parties are ORDERED to file a Rule 26(f) Report within 14 days of a ruling on the motion. Signed by Magistrate Judge Kimberly A. Jolson on 4/17/24. (jr) (Entered: 04/17/2024)

Order on Motion to Continue

RESPONSE in Opposition re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt. (Lavin, Angela) (Entered: 04/22/2024)

REPLY to Response to Motion re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong. (Attachments: # 1 Declaration of Natalie M. McLaughlin, # 2 Ex. A to McLaughlin Decl. - Wyom. Am. Compl., # 3 Ex. B to McLaughlin Decl. - Wyom. Resp. to Mot. to Dismiss, # 4 Ex. C to McLaughlin Decl. - Wyom. 10th Cir. Appellees' Br.) (Dressel, Brian) (Entered: 05/06/2024)

ORDER STAYING CASE. Signed by Judge Michael H. Watson on 6/3/2024. (jk) (Entered: 06/03/2024)

STATUS REPORT Joint Notice of Decision by Defendants Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong. (Attachments: # 1 Tenth Cir. Op. - Westenbroek, et al. v. Kappa Kappa Gamma Fraternity, et al.) (Dressel, Brian) (Entered: 06/12/2024)

OPINION and ORDER - The Court LIFTS the stay and ORDERS the parties to show cause. Signed by Judge Michael H. Watson on 7/3/2024. (jk) (Entered: 07/03/2024)

NOTICE by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt re 28 Order Staying Case (Lavin, Angela) (Entered: 07/05/2024)

AMENDED NOTICE by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt re 31 Notice (Other) Corrected Notice (Lavin, Angela) Modified text on 7/9/2024 (mas). (Entered: 07/08/2024)

NOTICE by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt re 30 Order filed on behalf of all Parties (Lavin, Angela) (Entered: 07/12/2024)

NOTATION ORDER - The parties are ORDERED to submit simultaneous briefs pertaining to the preclusion issue, per the Court's 7/3/2024 Opinion and Order (Doc. 30 at 9), on or before 8/2/2024. Signed by Magistrate Judge Kimberly A. Jolson on 7/15/24. (jr) (Entered: 07/15/2024)

Order

MOTION Certify Question of State Law to State Supreme Court by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt. (Carson, Jay) (Entered: 07/22/2024)

NOTICE by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt of filing Transcript (Attachments: # 1 Exhibit A - Transcript of Oral Argument) (Lavin, Angela) (Entered: 08/02/2024)

BRIEF by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt. (Carson, Jay) (Entered: 08/02/2024)

BRIEF by Defendants Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong. (Dressel, Brian) (Entered: 08/02/2024)

RESPONSE in Opposition re 35 MOTION Certify Question of State Law to State Supreme Court filed by Defendants Beth Black, Maria Brown, Nancy Cambpell, Kyle Donnelly, Barb Goettleman, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Liz Wong. (Dressel, Brian) (Entered: 08/12/2024)

REPLY to Response to Motion re 35 MOTION Certify Question of State Law to State Supreme Court filed by Plaintiffs Susan Jennings, Margo Knorr, Patsy Levang, Karen Pope, Cheryl Tuck-Smith, Ann Witt. (Carson, Jay) (Entered: 08/26/2024)

NOTICE by Plaintiffs Patsy Levang, Cheryl Tuck-Smith, Susan Jennings, Margo Knorr, Karen Pope, Ann Witt re 35 MOTION Certify Question of State Law to State Supreme Court of Supplemental Authority (Carson, Jay) (Entered: 10/23/2024)

OPINION and ORDER - The Court directs the Clerk to TRANSFER the case to the United States District Court for the District of Wyoming and TERMINATE the case on this Court's docket. Signed by Judge Michael H. Watson on 12/19/2024. (jk) (Entered: 12/19/2024)

Case Transferred Out - District

Case transferred to District of Wyoming. Case file and docket sheet sent Electronically. (jk)

***Case transferred from Ohio Southern has been opened in DISTRICT OF WYOMING as case 2:24-cv-00267, filed 12/19/2024. (er)

MOTION for Reconsideration re 42 Order by Plaintiffs Patsy Levang, Cheryl Tuck-Smith, Susan Jennings, Margo Knorr, Karen Pope, Ann Witt. (Lavin, Angela) (Entered: 12/30/2024)

RESPONSE to Motion re 43 MOTION for Reconsideration re 42 Order filed by Defendants Nancy Cambpell, Barb Goettleman, Liz Wong, Kyle Donnelly, Beth Black, Kappa Kappa Gamma Fraternity, Mary Pat Rooney, Maria Brown. (McLaughlin, Natalie) (Entered: 01/15/2025)

Remark

USCA Writ of Mandamus filed. (kh) (Entered: 01/28/2025)

USCA Miscellaneous letter sent REGARDING the amended caption for this appeal. (kh) (Entered: 02/07/2025)

OPINION and ORDER dismissing for want of jurisdiction 43 Motion for Reconsideration. Signed by Judge Michael H. Watson on 3/18/2025. (jk) (Entered: 03/18/2025)

USCA ORDER: The Sixth Circuit believes that responses from the Defendants and the District Court would assist in the mandamus analysis. See Fed. R. App. P. 21(b)(1). Accordingly, Defendants are DIRECTED, and the District Court is INVITED to respond to Plaintiffs' petition within twenty-one (21) days of the date of this order. Response due 06/20/2025. (er) (Entered: 06/03/2025)

Docket Annotation