Case: Fellers v. SAU 67, Superintendent

Fellers v. Kelley

NEW CASE/ COMPLAINT Filing fee $ 405, receipt number ANHDC-2557222 filed by Nicole Foote, Anthony Foote, Kyle Fellers, Eldon Rash. (Attachments: # 1 Exhibit Ex. A Policy KFA, # 2 Exhibit Ex. B Desilets Email, # 3 Exhibit Ex. C Extracts from Handbook and NHIAA, # 4 Exhibit Ex. D Photo of Wristband, # 5 Exhibit Ex. E Facebook post, # 6 Exhibit Ex. F Kelley Stmt, # 7 Exhibit Ex. G Foote No Trespass Order, # 8 Exhibit Ex. H Fellers No Trespass Order, # 9 Exhibit Ex. I Addendum, # 10 Exhibit Ex. J Second Addendum, # 11 Civil Cover Sheet Civil Cover Sheet)(Lehmann, Richard) (Additional attachment(s) added on 9/30/2024: # 12 Summonses) (mc). (Entered: 09/30/2024)

1 Exhibit Ex. A Policy KFA

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2 Exhibit Ex. B Desilets Email

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3 Exhibit Ex. C Extracts from Handbook and NHIAA

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4 Exhibit Ex. D Photo of Wristband

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5 Exhibit Ex. E Facebook post

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6 Exhibit Ex. F Kelley Stmt

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7 Exhibit Ex. G Foote No Trespass Order

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8 Exhibit Ex. H Fellers No Trespass Order

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9 Exhibit Ex. I Addendum

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10 Exhibit Ex. J Second Addendum

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11 Civil Cover Sheet Civil Cover Sheet

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12 Summonses

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Case Assigned

MOTION for Nathan Ristuccia to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2557251.) filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash.Follow up on Objection on 10/15/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of Nathan Ristuccia)(Lehmann, Richard) (Entered: 09/30/2024)

1 Exhibit (Affidavit) Declaration of Nathan Ristuccia

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Notice - ECF

MOTION for Brett R. Nolan to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2557256.) filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash.Follow up on Objection on 10/15/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lehmann, Richard) (Additional attachment(s) added on 9/30/2024: # 1 Declaration) (mc). (Entered: 09/30/2024)

1 Declaration

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MOTION for Endel Kolde to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2557263.) filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash.Follow up on Objection on 10/15/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of Endel Kolde)(Lehmann, Richard) (Entered: 09/30/2024)

1 Exhibit (Affidavit) Declaration of Endel Kolde

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Case assigned to Judge Steven J. McAuliffe and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:24-cv-311-SM-AJ. Please show this number with the judge designation on all future pleadings. (mc)

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc)

Summonses issued electronically as to Bow High School, Athletic Director, Bow High School, Principal, Bow School District, Philip Lamy, Steve Rossetti, SAU 67, Superintendent. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(mc) (Entered: 09/30/2024)

1 Notice ECF

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Summons issued electronically as to SAU 67, Superintendent. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(mc) (Entered: 09/30/2024)

1 Notice ECF

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Return of Service Executed as to SAU 67, Superintendent by All Plaintiffs. Served/Mailed on 9/30/2024. Answer Follow Up on 10/21/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lehmann, Richard) (Entered: 10/04/2024)

Return of Service Executed as to Bow High School, Principal by All Plaintiffs. Served/Mailed on 9/30/2024. Answer Follow Up on 10/21/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lehmann, Richard) (Entered: 10/04/2024)

FILED IN ERROR - See doc. no. 13. Return of Service Executed as to Philip Lamy by All Plaintiffs. Served/Mailed on 9/30/2024. Answer Follow Up on 10/21/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lehmann, Richard) Modified on 10/4/2024 to add: filed in error text (lw). (Entered: 10/04/2024)

Order on Motion to Appear Pro Hac Vice

Return of Service Executed as to Bow High School, Athletic Director by All Plaintiffs. Served/Mailed on 9/30/2024. Answer Follow Up on 10/21/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lehmann, Richard) (Entered: 10/04/2024)

Return of Service Executed as to Steve Rossetti by All Plaintiffs. Served/Mailed on 10/1/2024. Answer Follow Up on 10/22/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lehmann, Richard) (Entered: 10/04/2024)

Return of Service Executed as to Bow School District by All Plaintiffs. Served/Mailed on 9/30/2024. Answer Follow Up on 10/21/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lehmann, Richard) (Entered: 10/04/2024)

Return of Service Executed as to Philip Lamy by All Plaintiffs. Served/Mailed on 10/1/2024. Answer Follow Up on 10/22/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lehmann, Richard) (Entered: 10/04/2024)

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash. HEARING REQUESTED.Follow up on Objection on 10/18/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memo in Support of TRO/PI, # 2 Proposed Order Proposed Orders for TRO and PI, # 3 Exhibit (Affidavit) Declaration of Kyle Fellers, # 4 Exhibit (Affidavit) Declaration of Andy Foote, # 5 Exhibit (Affidavit) Declaration of Nicole Foote, # 6 Exhibit (Affidavit) Declaration of Eldon Rash, # 7 Exhibit Ex A BSD Policy KFA, # 8 Exhibit Ex B Desilets Email, # 9 Exhibit Ex C Extracts from Handbook and NHIAA Policies, # 10 Exhibit Ex D Photo of wristband, # 11 Exhibit Ex E Facebook Post, # 12 Exhibit Ex F Kelley Statement, # 13 Exhibit Ex G Foote No Trespass Order (Redacted), # 14 Exhibit Ex H Fellers No Trespass Order (Redacted), # 15 Exhibit Ex I Fellers Addendum No Trespass Order (Redacted), # 16 Exhibit Ex J Fellers Second Addendum No Trespass (Redacted), # 17 Exhibit Ex K Kelley Email on Designated Protest Area, # 18 Exhibit Ex L Notice of Designated Protest Area, # 19 Exhibit Ex M Bow Soccer Field Map, # 20 Exhibit Ex N RTK email string with District and Lamy, # 21 Exhibit Ex O Police call log, # 22 Exhibit Ex P Photo from protest area to field, # 23 Exhibit Ex Q Photo from sideline to protest area)(Lehmann, Richard) Modified on 11/6/2024 to add: preliminary injunction text (lw). (Entered: 10/04/2024)

1 Memorandum of Law Memo in Support of TRO/PI

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2 Proposed Order Proposed Orders for TRO and PI

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3 Exhibit (Affidavit) Declaration of Kyle Fellers

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4 Exhibit (Affidavit) Declaration of Andy Foote

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5 Exhibit (Affidavit) Declaration of Nicole Foote

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6 Exhibit (Affidavit) Declaration of Eldon Rash

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7 Exhibit Ex A BSD Policy KFA

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8 Exhibit Ex B Desilets Email

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9 Exhibit Ex C Extracts from Handbook and NHIAA Policies

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10 Exhibit Ex D Photo of wristband

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11 Exhibit Ex E Facebook Post

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12 Exhibit Ex F Kelley Statement

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13 Exhibit Ex G Foote No Trespass Order (Redacted)

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14 Exhibit Ex H Fellers No Trespass Order (Redacted)

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15 Exhibit Ex I Fellers Addendum No Trespass Order (Redacted)

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16 Exhibit Ex J Fellers Second Addendum No Trespass (Redacted)

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17 Exhibit Ex K Kelley Email on Designated Protest Area

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18 Exhibit Ex L Notice of Designated Protest Area

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19 Exhibit Ex M Bow Soccer Field Map

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20 Exhibit Ex N RTK email string with District and Lamy

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21 Exhibit Ex O Police call log

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22 Exhibit Ex P Photo from protest area to field

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23 Exhibit Ex Q Photo from sideline to protest area

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Addendum/ to 14 Emergency MOTION for Temporary Restraining Order Memo of Law by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash. (Lehmann, Richard) (Entered: 10/04/2024)

NOTICE of Attorney Appearance by Brian J.S. Cullen on behalf of Bow High School, Athletic Director, Bow High School, Principal, Bow School District, SAU 67, Superintendent Attorney Brian J.S. Cullen added to party Bow High School, Athletic Director(pty:dft), Attorney Brian J.S. Cullen added to party Bow High School, Principal(pty:dft), Attorney Brian J.S. Cullen added to party Bow School District(pty:dft), Attorney Brian J.S. Cullen added to party SAU 67, Superintendent(pty:dft).(Cullen, Brian) (Entered: 10/04/2024)

NOTICE of Attorney Appearance by Jonathan M. Shirley on behalf of Bow High School, Athletic Director, Bow High School, Principal, Bow School District, SAU 67, Superintendent Attorney Jonathan M. Shirley added to party Bow High School, Athletic Director(pty:dft), Attorney Jonathan M. Shirley added to party Bow High School, Principal(pty:dft), Attorney Jonathan M. Shirley added to party Bow School District(pty:dft), Attorney Jonathan M. Shirley added to party SAU 67, Superintendent(pty:dft).(Shirley, Jonathan) (Entered: 10/04/2024)

NOTICE of Notice of Intent to File Objection to Motion for TRO by Bow School District.(Cullen, Brian) (Entered: 10/04/2024)

ENDORSED ORDER granting 2 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(mc)

ENDORSED ORDER granting 3 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(mc)

ENDORSED ORDER granting 4 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(mc)

NOTICE of Attorney Appearance by Nathan John Ristuccia on behalf of Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash Attorney Nathan John Ristuccia added to party Kyle Fellers(pty:pla), Attorney Nathan John Ristuccia added to party Anthony Foote(pty:pla), Attorney Nathan John Ristuccia added to party Nicole Foote(pty:pla), Attorney Nathan John Ristuccia added to party Eldon Rash(pty:pla).(Ristuccia, Nathan) (Entered: 10/07/2024)

Order on Motion to Appear Pro Hac Vice

Motion Hearing

Notice of Hearing on Motion

NOTICE of Attorney Appearance by Endel Kolde on behalf of Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash Attorney Endel Kolde added to party Kyle Fellers(pty:pla), Attorney Endel Kolde added to party Anthony Foote(pty:pla), Attorney Endel Kolde added to party Nicole Foote(pty:pla), Attorney Endel Kolde added to party Eldon Rash(pty:pla).(Kolde, Endel) (Entered: 10/07/2024)

NOTICE OF HEARING re: 14 Emergency MOTION for Temporary Restraining Order. Motion Hearing set for 10/8/2024 02:30 PM before Judge Steven J. McAuliffe.(lw)

NOTICE of Attorney Appearance by Brett Robert Nolan on behalf of Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash Attorney Brett Robert Nolan added to party Kyle Fellers(pty:pla), Attorney Brett Robert Nolan added to party Anthony Foote(pty:pla), Attorney Brett Robert Nolan added to party Nicole Foote(pty:pla), Attorney Brett Robert Nolan added to party Eldon Rash(pty:pla).(Nolan, Brett) (Entered: 10/07/2024)

OBJECTION to 14 Emergency MOTION for Temporary Restraining Order filed by Bow School District. Follow up on Reply on 10/15/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit 1 - Desilets Declaration, # 2 Exhibit A - Declaration of Desilets, # 3 Exhibit B - Declaration of Desilets, # 4 Exhibit 2 - Kelley Declaration, # 5 Exhibit A - Declaration of Kelley, # 6 Exhibit 3 - Fisk Declaration, # 7 Exhibit 4 - Lamy Declaration)(Cullen, Brian) (Entered: 10/07/2024)

1 Exhibit 1 - Desilets Declaration

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2 Exhibit A - Declaration of Desilets

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3 Exhibit B - Declaration of Desilets

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4 Exhibit 2 - Kelley Declaration

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5 Exhibit A - Declaration of Kelley

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6 Exhibit 3 - Fisk Declaration

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7 Exhibit 4 - Lamy Declaration

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NOTICE of Attorney Appearance by Eric Alexander Maher on behalf of Philip Lamy Attorney Eric Alexander Maher added to party Philip Lamy(pty:dft).(Maher, Eric) (Entered: 10/08/2024)

Endorsed Order - not on motion

Motion Hearing

Minute Entry for proceedings held before Judge Steven J. McAuliffe. MOTION HEARING held on 10/8/2024 re: 14 Emergency MOTION for Temporary Restraining Order. Hearing on Preliminary Injunction to be scheduled. Orders to issue. (Court Reporter: Jan-Marie Glaze) (Pltfs Atty: Endel Kolde, Nathan Ristuccia, Richard Lehmann) (Defts Atty: Brian Cullen, Jonathan Shirley, Eric Maher)(Total Hearing Time: 1 hr. 25 min.) (lw)

Order

ENDORSED ORDER re: 14 Emergency MOTION for Temporary Restraining Order. Text of Order: Denied, for the reasons discussed on the hearing record, specifically plaintiffs' failure to meet its burden to establish likelihood of success on the merits. So Ordered by Judge Steven J. McAuliffe.(lw)

ENDORSED ORDER - Text of Order: Defendants shall produce relevant body camera footage as part of the discovery in this matter, related to interactions with plaintiffs on September 17, 2024. So Ordered by Judge Steven J. McAuliffe.(lw)

Hearing Notice

NOTICE of Hearing. Evidentiary Hearing set for 11/21/2024 and 11/22/2024 09:30 AM before Judge Steven J. McAuliffe.(lw)

Notice of Hearing

TRANSCRIPT of Proceedings for Motion Hearing held on October 8, 2024. Court Reporter: Jan-Marie Glaze, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 11/5/2024. Redacted Transcript Follow Up 11/15/2024. Release of Transcript Restriction set for 1/13/2025.(lw) (Entered: 10/15/2024)

MOTION Correct TRO docket text to reflect actual order partially granting restraining order filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash.Follow up on Objection on 10/31/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kolde, Endel) (Entered: 10/17/2024)

MOTION EXPEDITED request to set hearing-related deadlines for Nov. 21-22 prelim. inj. hearing and hearing on the merits filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash.Follow up on Objection on 10/31/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kolde, Endel) (Entered: 10/17/2024)

///NOTICE of Voluntary Dismissal as to Phillip Lamy by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash(Kolde, Endel) (Entered: 10/18/2024)

OBJECTION to 14 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Bow School District. Follow up on Reply on 10/25/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Cullen, Brian) (Entered: 10/18/2024)

REPLACED - See doc. no. 34. ANSWER to Complaint filed by Steve Rossetti.(Ducharme, Dennis) Modified on 10/23/2024 to add: replaced text (lw). (Entered: 10/21/2024)

ANSWER to 1 Complaint - New Case,, with jury demand filed by Bow School District.(Cullen, Brian) (Entered: 10/21/2024)

Michael Desilet's ANSWER to 1 Complaint - New Case,, with jury demand filed by Bow High School, Athletic Director.(Cullen, Brian) (Entered: 10/21/2024)

Marcy Kelley's ANSWER to 1 Complaint - New Case,, with jury demand filed by SAU 67, Superintendent.(Cullen, Brian) (Entered: 10/21/2024)

Matthew Fisk's ANSWER to 1 Complaint - New Case,, with jury demand filed by Bow High School, Principal.(Cullen, Brian) (Entered: 10/21/2024)

Signed Answer To correct filing error ANSWER to Complaint filed by Steve Rossetti.(Ducharme, Dennis) (Entered: 10/22/2024)

AMENDED COMPLAINT against Bow High School, Athletic Director, Bow High School, Principal, Bow School District, Steve Rossetti, SAU 67, Superintendent (and not against former def. Phillip Lamy) filed by Nicole Foote, Anthony Foote, Kyle Fellers, Eldon Rash. (Attachments: # 1 Exhibit A: Policy KFA, # 2 Exhibit B: Desilets email, # 3 Exhibit C: Extracts from handbook and policy, # 4 Exhibit D: Wristband photo, # 5 Exhibit E: Facebook post, # 6 Exhibit F: Kelley statement, # 7 Exhibit G: Foote no-trespass order, # 8 Exhibit H: Fellers no-trespass order, # 9 Exhibit I: 1st addendum, # 10 Exhibit J: 2nd addendum)(Kolde, Endel) (Entered: 10/22/2024)

1 Exhibit A: Policy KFA

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2 Exhibit B: Desilets email

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3 Exhibit C: Extracts from handbook and policy

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4 Exhibit D: Wristband photo

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5 Exhibit E: Facebook post

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6 Exhibit F: Kelley statement

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7 Exhibit G: Foote no-trespass order

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8 Exhibit H: Fellers no-trespass order

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9 Exhibit I: 1st addendum

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10 Exhibit J: 2nd addendum

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Order on Motion for Miscellaneous Relief

ENDORSED ORDER granting in part and denying in part 25 Motion Correct TRO docket text to reflect actual order partially granting restraining order. Text of Order: Granted in part. The motion as filed was denied. The court's oral order is best understood as a separate order. But, no matter, the effect is clear to counsel for all parties as noted by them on the record. So Ordered by Judge Steven J. McAuliffe.(lw)

RESPONSE to Motion re 26 MOTION EXPEDITED request to set hearing-related deadlines for Nov. 21-22 prelim. inj. hearing and hearing on the merits filed by Bow School District. (Cullen, Brian) (Entered: 10/25/2024)

REPLY to Objection to Motion re 14 Emergency MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash. Surreply due by 10/30/2024. (Kolde, Endel) (Entered: 10/25/2024)

MOTION in Limine to Present Proof First filed by Bow School District.Follow up on Objection on 11/15/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cullen, Brian) (Entered: 11/01/2024)

MOTION in Limine to Take Judicial Notice of Findings in Tirrell v. Edelblut filed by Bow School District.Follow up on Objection on 11/15/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cullen, Brian) (Entered: 11/01/2024)

ANSWER to 35 Amended Complaint,, with jury demand filed by Steve Rossetti.(Ducharme, Dennis) (Entered: 11/04/2024)

NOTICE of Defendant Rossetti's Notice of no position on requests for imjunctive relief by Steve Rossetti.(Ducharme, Dennis) (Entered: 11/04/2024)

ANSWER to 35 Amended Complaint,, with jury demand filed by Bow School District.(Cullen, Brian) (Entered: 11/04/2024)

ANSWER to 35 Amended Complaint,, with jury demand filed by Bow High School, Athletic Director.(Cullen, Brian) (Entered: 11/04/2024)

ANSWER to 35 Amended Complaint,, with jury demand filed by Bow High School, Principal.(Cullen, Brian) (Entered: 11/04/2024)

ANSWER to 35 Amended Complaint,, with jury demand filed by SAU 67, Superintendent.(Cullen, Brian) (Entered: 11/04/2024)

MOTION in Limine to Preserve Defendants' Jury Trial Right filed by Bow School District.Follow up on Objection on 11/18/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Shirley, Jonathan) (Entered: 11/04/2024)

ORDER granting in part and denying in part 26 Motion EXPEDITED request to set hearing-related deadlines for Nov. 21-22 prelim. inj. hearing and hearing on the merits. So Ordered by Judge Steven J. McAuliffe.(lw) (Entered: 11/06/2024)

Assented to MOTION to Amend Complaint to Eliminate Compensatory Damages filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash. (Attachments: # 1 Exhibit A: Second Amended Complaint, # 2 Exhibit B: Redline of Second Am. Complaint)(Kolde, Endel) (Entered: 11/07/2024)

1 Exhibit A: Second Amended Complaint

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2 Exhibit B: Redline of Second Am. Complaint

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MOTION Expedited Motion to Reinstate Hearing on the Merits due to absence of jury triable issues filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash.Follow up on Objection on 11/22/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kolde, Endel) (Entered: 11/08/2024)

RESPONSE to Motion re 39 MOTION in Limine to Take Judicial Notice of Findings in Tirrell v. Edelblut filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash. (Kolde, Endel) (Entered: 11/09/2024)

ORDER granting 38 Motion in Limine to Present Proof First; denying 39 Motion in Limine to Take Judicial Notice of Findings in Tirrell v. Edelblut; denying as moot 46 Motion in Limine to Preserve Defendants' Jury Trial Right; granting 48 Assented to Motion to Amend Complaint to Eliminate Compensatory Damages; denying 49 Motion Expedited Motion to Reinstate Hearing on the Merits due to absence of jury triable issues. At the conclusion of the motion hearing on November 21-22, the court will consult with counsel to set a pretrial schedule, including a date for a bench trial. See Rule 16. So Ordered by Judge Steven J. McAuliffe. Second Amended Complaint due by 11/18/2024.(lw) (Entered: 11/13/2024)

SECOND AMENDED COMPLAINT against Bow High School, Athletic Director, Bow High School, Principal, Bow School District, Steve Rossetti, SAU 67, Superintendent (Second Amended Complaint) filed by Nicole Foote, Anthony Foote, Kyle Fellers, Eldon Rash. (Attachments: # 1 Exhibit A: Policy KFA, # 2 Exhibit B: Desilets email, # 3 Exhibit C: Handbook extracts, # 4 Exhibit D: Wristband photo, # 5 Exhibit E: Facebook post, # 6 Exhibit F: Kelley statement, # 7 Exhibit G: Foote NTO, # 8 Exhibit H: Fellers NTO, # 9 Exhibit I: 1st addendum, # 10 Exhibit J: 2d addendum)(Kolde, Endel) Modified on 11/14/2024 to add: "second" text (lw). (Entered: 11/14/2024)

1 Exhibit A: Policy KFA

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2 Exhibit B: Desilets email

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3 Exhibit C: Handbook extracts

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4 Exhibit D: Wristband photo

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5 Exhibit E: Facebook post

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6 Exhibit F: Kelley statement

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7 Exhibit G: Foote NTO

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8 Exhibit H: Fellers NTO

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9 Exhibit I: 1st addendum

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10 Exhibit J: 2d addendum

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Order on Motion for Reconsideration

MOTION for Reconsideration re 51 Order on Motion in Limine,,,,,,,,, Order on Motion to Amend,,, Order on Motion for Miscellaneous Relief,, (requesting the Court to reinstate the original order of proof as it had originally ordered) filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash.Follow up on Objection on 11/29/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kolde, Endel) (Entered: 11/14/2024)

Final Witness List For 11/21 and 22 Hearing by Steve Rossetti. (Ducharme, Dennis) (Entered: 11/14/2024)

ENDORSED ORDER granting in part and denying in part 53 Motion for Reconsideration re: 51 Order on Motions. Text of Order: The court granted defendants' motion in limine to present proof on the First Amendment issue at the hearing to be held next week before plaintiffs' presentation because defendants will bear the burden to justify restrictions on plaintiffs' speech. As the court noted, plaintiffs had not then objected to the reverse order of proof. Plaintiffs now object and ask the court to reconsider allowing defendants to proceed first on that issue. The order of proof will be addressed and decided at the hearing, if necessary, after the parties' presentations on the question of mootness. Plaintiffs' motion for reconsideration (doc. no. 53) is granted in part and denied in part as provided in this order. So Ordered by Judge Steven J. McAuliffe.(lw)

Final Witness List by Bow School District, SAU 67, Superintendent, Bow High School, Athletic Director, Bow High School, Principal. (Cullen, Brian) (Entered: 11/15/2024)

Order on Motion for Reconsideration

Final Witness List for Nov. 21-22 Hearing (Plaintiffs) by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash. (Kolde, Endel) (Entered: 11/15/2024)

Defendant's Revised List of Exhibits by Bow School District, SAU 67, Superintendent, Bow High School, Athletic Director, Bow High School, Principal(Cullen, Brian) (Entered: 11/18/2024)

Plaintiff's Exhibit List for Nov. 21-22 Hearing by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash(Kolde, Endel) (Entered: 11/18/2024)

BRIEF/MEMORANDUM (Prehearing) of Bow School District by Bow School District(Shirley, Jonathan) (Entered: 11/18/2024)

BRIEF/MEMORANDUM Plaintiffs' Pre-Hearing Brief by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash(Kolde, Endel) (Entered: 11/18/2024)

Evidentiary Hearing

Minute Entry for proceedings held before Judge Steven J. McAuliffe. EVIDENTIARY HEARING held on 11/21/2024 re: Preliminary Injunction. Witnesses Appearing: Kyle Fellers, Anthony Foote. (Court Reporter: Liza Dubois - AM Session; Susan Bateman - PM Session) (Pltfs Atty: Endel Kolde, Nathan Ristuccia, Richard Lehmann) (Defts Atty: Brian Cullen, Jonathan Shirley, Dennis Ducharme)(Total Hearing Time: 4 hrs. 52 min.) (lw)

Evidentiary Hearing

Order on Motion for TRO

Temporary Restraining Order

Minute Entry for proceedings held before Judge Steven J. McAuliffe. EVIDENTIARY HEARING held on 11/22/2024 re: Preliminary Injunction. Witnesses Appearing: Eldon Rash, Marcy Kelley, Michael Desilets, Steve Rossetti, Matthew Fisk. (Court Reporter: Susan Bateman - AM Session; Brenda Hancock - PM Session) (Pltfs Atty: Endel Kolde, Nathan Ristuccia, Richard Lehmann) (Defts Atty: Brian Cullen, Jonathan Shirley, Dennis Ducharme)(Total Hearing Time: 3 hrs. 15 min.) (lw)

Motion for Temporary Restraining Order

ORAL RENEWED MOTION for Temporary Restraining Order filed by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash.(lw)

Order on Motion for Temporary Restraining Order

ORAL ORDER denying [] Oral Renewed Motion for Temporary Restraining Order. So Ordered by Judge Steven J. McAuliffe.(lw)

Final Witness List re: Evidentiary Hearing on Preliminary Injunction Motion by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash. (lw) (Entered: 11/22/2024)

Final Witness List by Bow School District, SAU 67, Superintendent, Bow High School, Athletic Director, Bow High School, Principal. (lw) (Entered: 11/22/2024)

Final Exhibit List re: Evidentiary Hearing on Preliminary Injunction Motion by Kyle Fellers, Anthony Foote, Nicole Foote, Eldon Rash. (lw) (Entered: 11/22/2024)

Final Exhibit List re: Evidentiary Hearing on Preliminary Injunction Motion by Bow School District, SAU 67, Superintendent, Bow High School, Athletic Director, Bow High School, Principal. (lw) (Entered: 11/22/2024)