Case: Lavigne v. Great Salt Bay Community School Board

Lavigne v. Great Salt Bay Community School Board et al.

COMPLAINT against GREAT SALT BAY COMMUNITY SCHOOL BOARD, LYNSEY JOHNSTON, SAMUEL ROY, KIM SCHAFF, JESSICA BERK PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by AMBER LAVIGNE. (Service of Process Deadline 7/3/2023) Fee due by 4/6/2023. (Attachments: # 1 Exhibit 1-Photograph of Chest Binders, # 2 Exhibit 2-Letter from Maine Child Protective Services, # 3 Exhibit 3-12/19/22 Statement of the GSB Board Chair, Samuel Belknap, III, # 4 Exhibit 4-1/14/23 Statement of GSB School Board, # 5 Exhibit 5-2/26/23 Letter from Principal Kim Schaff to Members of the GSB School Community, # 6 Exhibit 6-GSB Community School Transgender Student Guidelines Policy Code JB, # 7 Exhibit 7- GSB CSD Policy-Staff Conduct with Students)(clp) Modified on 4/5/202 to add defendant JESSICA BERK (clp). (Entered: 04/05/2023)

1 Exhibit 1-Photograph of Chest Binders

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2 Exhibit 2-Letter from Maine Child Protective Services

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3 Exhibit 3-12/19/22 Statement of the GSB Board Chair, Samuel Belknap, III

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4 Exhibit 4-1/14/23 Statement of GSB School Board

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5 Exhibit 5-2/26/23 Letter from Principal Kim Schaff to Members of the GSB School

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6 Exhibit 6-GSB Community School Transgender Student Guidelines Policy Code JB

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7 Exhibit 7- GSB CSD Policy-Staff Conduct with Students

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CIVIL COVER SHEET. (clp) (Entered: 04/05/2023)

Summons Issued as to GREAT SALT BAY COMMUNITY SCHOOL BOARD, LYNSEY JOHNSTON, SAMUEL ROY, KIM SCHAFF, JESSICA BERK. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons-Samuel Roy, # 2 Summons-Kim Schaff, # 3 Summons-Lynsey Johnston, # 4 Summons-Jessica Berk)(clp) (Entered: 04/05/2023)

CERTIFICATION for Admission Pro Hac Vice of Adam C. Shelton filed by BRETT D. BABER on behalf of AMBER LAVIGNE (Total admission fee $ 100 receipt number AMEDC-2782161.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BABER, BRETT) (Entered: 04/05/2023)

Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2782157.), filed by AMBER LAVIGNE.(BABER, BRETT)

Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney ADAM C SHELTON must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 4/12/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (clp)

NOTICE of Appearance by MELISSA A. HEWEY on behalf of All Defendants (HEWEY, MELISSA) (Entered: 04/13/2023)

NOTICE of Appearance by SUSAN M. WEIDNER on behalf of All Defendants (WEIDNER, SUSAN) (Entered: 04/13/2023)

WAIVER OF SERVICE Returned Executed GREAT SALT BAY COMMUNITY SCHOOL BOARD waiver sent on 4/5/2023. (SHELTON, ADAM) (Entered: 04/14/2023)

WAIVER OF SERVICE Returned Executed JESSICA BERK waiver sent on 4/5/2023. (SHELTON, ADAM) (Entered: 04/14/2023)

WAIVER OF SERVICE Returned Executed KIM SCHAFF waiver sent on 4/5/2023. (SHELTON, ADAM) (Entered: 04/14/2023)

WAIVER OF SERVICE Returned Executed LYNSEY JOHNSTON waiver sent on 4/5/2023. (SHELTON, ADAM) (Entered: 04/14/2023)

WAIVER OF SERVICE Returned Executed SAMUEL ROY waiver sent on 4/5/2023. (SHELTON, ADAM) (Entered: 04/14/2023)

Set Answer Deadlines for GREAT SALT BAY COMMUNITY SCHOOL BOARD, LYNSEY JOHNSTON, SAMUEL ROY, KIM SCHAFF, JESSICA BERK in accordance with ECF Nos. 7-11 Waivers of Service Returned Executed-Sent 4/5/2023: Answers due by 6/5/2023. (clp)

MOTION to Dismiss for Failure to State a Claim by JESSICA BERK, GREAT SALT BAY COMMUNITY SCHOOL BOARD, LYNSEY JOHNSTON, SAMUEL ROY, KIM SCHAFF Responses due by 6/23/2023. (HEWEY, MELISSA) (Entered: 06/02/2023)

ANSWER to 1 Complaint,,,, by JESSICA BERK, GREAT SALT BAY COMMUNITY SCHOOL BOARD, LYNSEY JOHNSTON, SAMUEL ROY, KIM SCHAFF.(HEWEY, MELISSA) (Entered: 06/02/2023)

Unopposed MOTION to Extend Time to Response to Motion to Dismiss by AMBER LAVIGNE (BABER, BRETT) Modified on 6/15/2023 to clean up docket text (clp). (Entered: 06/15/2023)

ORDER granting 14 Motion to Extend Time. Plaintiff's response to Motion to Dismiss due June 30, 2023. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 06/15/2023)

Order on Motion to Extend Time

Reset Deadlines as to 12 MOTION to Dismiss for Failure to State a Claim per order no. 15: Responses due by 6/30/2023. (clp)

RESPONSE in Opposition re 12 MOTION to Dismiss for Failure to State a Claim filed by AMBER LAVIGNE. Reply due by 7/14/2023. (SHELTON, ADAM) (Entered: 06/30/2023)

REPLY to Response to Motion re 12 MOTION to Dismiss for Failure to State a Claim filed by JESSICA BERK, GREAT SALT BAY COMMUNITY SCHOOL BOARD, LYNSEY JOHNSTON, SAMUEL ROY, KIM SCHAFF. (HEWEY, MELISSA) (Entered: 07/07/2023)

NOTICE of Hearing on Motion 12 MOTION to Dismiss for Failure to State a Claim : Oral Argument set for 10/25/2023 at 10:00 AM in Portland Courtroom 1 before JUDGE JON D. LEVY. (clp) (Entered: 08/03/2023)

CERTIFICATION for Admission Pro Hac Vice of John Thorpe filed by BRETT D. BABER on behalf of AMBER LAVIGNE (Total admission fee $ 100 receipt number AMEDC-2835857.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BABER, BRETT) (Entered: 08/03/2023)

Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney JOHN THORPE must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 8/11/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (clp)

NOTICE of RESCHEDULED Hearing on Motion 12 MOTION to Dismiss for Failure to State a Claim : Oral Argument Hearing set for 11/1/2023 at 02:00 PM in Portland Courtroom 1 before JUDGE JON D. LEVY. (clp) (Entered: 09/13/2023)

NOTICE TO COUNSEL-At the hearing scheduled on November 1, 2023, Judge Levy asks that counsel focus their arguments on the following two topics: (1) whether the Complaint states a claim for municipal liability under the Monell doctrine; and (2) whether the Court should stay its consideration of the remaining issues presented by the Motion to Dismiss pending a decision by the First Circuit Court of Appeals in Foote v. Ludlow School Committee, No. 23-1069 (1st Cir. argued Sep. 13, 2023). Counsel may also, in their discretion, address other issues presented by the Motion to Dismiss. (clp) (Entered: 10/19/2023)

Minute Entry for proceedings held before JUDGE JON D. LEVY: Oral Argument held re 12 MOTION to Dismiss for Failure to State a Claim. Order to Enter. (Set Deadlines- Citations to Authorities (no more than 10) due by 11/8/2023). (Court Reporter: Lori Dunbar) (clp) (Entered: 11/01/2023)

PARTIAL ORDER ON DEFENDANTS' MOTION TO DISMISS granting in part 12 Motion to Dismiss for Failure to State a Claim By JUDGE JON D. LEVY. (clp) (Entered: 11/07/2023)

CITATIONS to Authority by AMBER LAVIGNE (SHELTON, ADAM) . (Entered: 11/07/2023)

CITATION to Authorities by GREAT SALT BAY COMMUNITY SCHOOL BOARD (HEWEY, MELISSA) . (Entered: 11/07/2023)

ORDER ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM granting 12 Motion to Dismiss for Failure to State a Claim By JUDGE JON D. LEVY. (clp) (Entered: 05/03/2024)

JUDGMENT OF DISMISSAL- By DEPUTY CLERK: C. Pelletier. (clp) (Entered: 05/03/2024)

NOTICE OF APPEAL as to 26 Order on Motion to Dismiss for Failure to State a Claim, 23 Order on Motion to Dismiss for Failure to State a Claim, 27 Judgment by AMBER LAVIGNE . ( Filing fee $ 605 receipt number AMEDC-2956643.) NOTICE TO FILER: A transcript Report/Order form MUST be completed and submitted to the First Circuit Court of Appeals. The form can be found under the Forms & Fees section on their website at https://www.ca1.uscourts.gov.NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at https://pacer.psc.uscourts.gov. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at https://www.ca1.uscourts.gov/cmecf (SHELTON, ADAM) (Entered: 05/20/2024)

**FILED IN ERROR**NOTICE/CORRESPONDENCE Re: Transcript Order by AMBER LAVIGNE (SHELTON, ADAM) Modified on 5/20/2024 to add filed in error notation this document should be filed through the USCAs eVoucher system . (clp). (Entered: 05/20/2024)

NOTICE of Docket Entry Modification regarding 29 Notice (Other)/Correspondence: Modified on 5/20/2024 by the Clerk's Office to add filed in error notation this document should be filed through the USCAs eVoucher system. (clp) (Entered: 05/20/2024)

APPEAL COVER SHEET Re: 28 Notice of Appeal (clp) (Entered: 05/21/2024)

CLERK'S CERTIFICATE Re: 28 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (clp) (Entered: 05/21/2024)

NOTICE re 29 Transcript Order filed as Notice (Other)/Correspondence: TRANSCRIPT ORDERS IN CIVIL CASES SHOULD BE SENT DIRECTLY TO THE COURT REPORTER PRESENT AT THE HEARING. The Court Reporter will be indicated within the Minute Entry on the docket. PLEASE DISREGARD the 30 Notice of Docket Entry Modification entered on 5/20/24 at Pleading 30 . (mlm) (Entered: 05/21/2024)

USCA Case Number 24-1509 for 28 Notice of Appeal filed by AMBER LAVIGNE. (slg) (Entered: 05/21/2024)

COPIES of Notice of Appeal Sent to Counsel Re: 28 Notice of Appeal filed by AMBER LAVIGNE. (clp)

Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re 28 Notice of Appeal (clp)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Oral Argument held on 11/1/23 before Judge Jon D. Levy. Court of Appeals Docket Number 24-1509. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 8/28/2024. (DUNBAR, LORI) (Entered: 05/30/2024)

Opinion of USCA Re: 28 Notice of Appeal filed by AMBER LAVIGNE. Check for Receipt of Mandate on 8/27/2025. (clp) (Entered: 07/29/2025)

JUDGMENT of USCA re 28 Notice of Appeal (clp) (Entered: 07/29/2025)

MANDATE of USCA as to 28 Notice of Appeal,,,, filed by AMBER LAVIGNE (mjlt) (Entered: 08/20/2025)