Case: Parents Defending Education v. Olentangy Local School District Board of Education

2:23-cv-01595 | U.S. District Court for the Southern District of Ohio

Filed Date: May 11, 2023

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Case Summary

A case summary is not yet available via the Clearinghouse.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67367179/parties/parents-defending-education-v-olentangy-local-school-district-board-of/


Judge(s)

Marbley, Algenon L. (Ohio)

Attorney for Plaintiff

Connolly, John Michael (Ohio)

Hasson, James F. (Ohio)

Attorney for Defendant

Freeze, Bartholomew T (Ohio)

Hoffman, Genevieve M. (Ohio)

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Documents in the Clearinghouse

Document
1

2:23-cv-01595

Verified Complaint

Parents Defending Education v. Olentangy Local School District Board of Education et al.

May 11, 2023

May 11, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67367179/parents-defending-education-v-olentangy-local-school-district-board-of/

Last updated Jan. 15, 2026, 4:50 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9415388), filed by Parents Defending Education. (Attachments: # 1 Civil Cover Sheet) (Robinson, Emmett) (Entered: 05/11/2023)

1 Civil Cover Sheet

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May 11, 2023

May 11, 2023

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2

REQUEST for Issuance of Summons. Olentangy Board of Education (Attachments: # 1 Summons Form Daberkow, # 2 Summons Form Lester, # 3 Summons Form O'Brien, # 4 Summons Form Raiff, # 5 Summons Form Stern, # 6 Summons Form Wallick, # 7 Summons Form Wright, # 8 Summons Form Wyse) (Robinson, Emmett) (Entered: 05/11/2023)

1 Summons Form Daberkow

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2 Summons Form Lester

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3 Summons Form O'Brien

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4 Summons Form Raiff

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5 Summons Form Stern

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6 Summons Form Wallick

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7 Summons Form Wright

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8 Summons Form Wyse

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May 11, 2023

May 11, 2023

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3

MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID) of J. Michael Connolly by Plaintiff Parents Defending Education. (Attachments: # 1 Exhibit - Certificate of Good Standing) (Robinson, Emmett) (Entered: 05/11/2023)

1 Exhibit - Certificate of Good Standing

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May 11, 2023

May 11, 2023

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4

MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID) of Taylor A.R. Meehan by Plaintiff Parents Defending Education. (Attachments: # 1 Exhibit - Certificate of Good Standing) (Robinson, Emmett) (Entered: 05/11/2023)

1 Exhibit - Certificate of Good Standing

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May 11, 2023

May 11, 2023

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5

MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID) of Thomas S. Vaseliou by Plaintiff Parents Defending Education. (Attachments: # 1 Exhibit - Certificate of Good Standing) (Robinson, Emmett) (Entered: 05/11/2023)

1 Exhibit - Certificate of Good Standing

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May 11, 2023

May 11, 2023

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6

MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID) of James F. Hasson by Plaintiff Parents Defending Education. (Attachments: # 1 Exhibit - Certificate of Good Standing) (Robinson, Emmett) (Entered: 05/11/2023)

1 Exhibit - Certificate of Good Standing

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May 11, 2023

May 11, 2023

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7

MOTION for Preliminary Injunction by Plaintiff Parents Defending Education. (Attachments: # 1 Affidavit Vaseliou Declaration, # 2 Affidavit Neily Declaration, # 3 Affidavit Parent A Declaration, # 4 Affidavit Parent B Declaration, # 5 Affidavit Parent C Declaration, # 6 Affidavit Parent D Declaration, # 7 Text of Proposed Order) (Robinson, Emmett) (Entered: 05/11/2023)

1 Affidavit Vaseliou Declaration

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2 Affidavit Neily Declaration

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3 Affidavit Parent A Declaration

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4 Affidavit Parent B Declaration

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5 Affidavit Parent C Declaration

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6 Affidavit Parent D Declaration

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7 Text of Proposed Order

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May 11, 2023

May 11, 2023

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8

Summons Issued as to All Defendants. (jlk) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

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Filing fee: $ 800.00, receipt number 200002974 as and for 3, 4, 5 and 6 PHV Motions. (jlk)

May 12, 2023

May 12, 2023

9

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice of J. Michael Connolly as co-counsel; granting 4 Motion for Leave to Appear Pro Hac Vice of Taylor A.R. Meehan as co-counsel; granting 5 Motion for Leave to Appear Pro Hac Vice of Thomas S. Vaseliou as co-counsel; granting 6 Motion for Leave to Appear Pro Hac Vice of James F. Hasson 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 May 15, 2023. (jlk) Modified on 5/22/2023 to correct judge (jr). (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

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

May 15, 2023

May 15, 2023

10

NOTICE of Appearance by Bartholomew T Freeze for Defendants Kevin Daberkow, Brandon Lester, Kevin O'Brien, Olentangy Local School District Board of Education, Mark T Raiff, Peter Stern, Libby Wallick, Randy Wright, Lakesha Wyse (Freeze, Bartholomew) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

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11

WAIVER OF SERVICE Returned Executed. Waiver sent to All Defendants. (Robinson, Emmett) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

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12

NOTICE of Hearing: Pretrial Conference set for 7/11/2023 10:15 AM in Teleconference before Magistrate Judge Kimberly A. Jolson. (jr) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

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13

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by Defendants Kevin Daberkow, Brandon Lester, Kevin O'Brien, Olentangy Local School District Board of Education, Mark T Raiff, Peter Stern, Libby Wallick, Randy Wright, Lakesha Wyse. (Attachments: # 1 Exhibit A) (Freeze, Bartholomew) (Entered: 06/01/2023)

1 Exhibit A

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June 1, 2023

June 1, 2023

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14

ORDER Setting Hearing on Motion 7 MOTION for Preliminary Injunction: Motion Hearing set for 7/24/2023 10:00 AM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 6/14/2023. (cw) (Entered: 06/14/2023)

June 14, 2023

June 14, 2023

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15

REPLY to Response to Motion re 7 MOTION for Preliminary Injunction filed by Plaintiff Parents Defending Education. (Meehan, Taylor) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

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16

MOTION to Dismiss for Lack of Jurisdiction Subject Matter and Standing ( Responses due by 7/18/2023), MOTION to Continue Hearing on Preliminary Injunction Pending Adjudication of Jurisdictional Issues by Defendants Kevin Daberkow, Brandon Lester, Kevin O'Brien, Olentangy Local School District Board of Education, Mark T Raiff, Peter Stern, Libby Wallick, Randy Wright, Lakesha Wyse. (Freeze, Bartholomew) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

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17

NOTATION ORDER - In light of the Motion to Dismiss and to Continue the Preliminary Injunction Hearing, the Pretrial Conference set for 7/11/23 is VACATED. Signed by Magistrate Judge Kimberly A. Jolson on 6/28/23. (jr) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

1 - Terminate Deadlines and Hearings AND Order

June 28, 2023

June 28, 2023

18

NOTICE of Appearance by Sandra R McIntosh for Defendant Olentangy Local School District Board of Education (McIntosh, Sandra) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

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19

NOTICE of Appearance by Mitchell L Stith for Defendant Olentangy Local School District Board of Education (Stith, Mitchell) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

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20

ORDER re 16 Motion to Dismiss/Lack of Jurisdiction, Motion to Continue. Plaintiff is ordered to file a response to Defendants' Motion to Continue within 7 days of this Order. Signed by Chief Judge Algenon L. Marbley on 6/30/2023. (cw) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

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21

RESPONSE in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction Subject Matter and Standing MOTION to Continue Hearing on Preliminary Injunction Pending Adjudication of Jurisdictional Issues [Motion to Continue Only] filed by Plaintiff Parents Defending Education. (Connolly, John) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

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22

Reply in Support of Motion to Continue Hearing on Preliminary Injunction Pending Adjudication of Jurisdictional Issues by Defendants Kevin Daberkow, Brandon Lester, Kevin O'Brien, Olentangy Local School District Board of Education, Mark T Raiff, Peter Stern, Libby Wallick, Randy Wright, Lakesha Wyse. (Freeze, Bartholomew) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

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23

ORDER - DENYING re 16 Motion to Continue. Signed by Chief Judge Algenon L. Marbley on 7/12/2023. (cw) (Entered: 07/12/2023)

July 12, 2023

July 12, 2023

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24

RESPONSE in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction Subject Matter and Standing MOTION to Continue Hearing on Preliminary Injunction Pending Adjudication of Jurisdictional Issues filed by Plaintiff Parents Defending Education. (Attachments: # 1 Vaseliou Declaration with Exhibits A-R, # 2 Neily Declaration with Exhibits S-T, # 3 Parent A Declaration, # 4 Parent B Declaration, # 5 Parent C Declaration, # 6 Parent D Declaration) (Connolly, John) (Entered: 07/18/2023)

1 Vaseliou Declaration with Exhibits A-R

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2 Neily Declaration with Exhibits S-T

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3 Parent A Declaration

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4 Parent B Declaration

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5 Parent C Declaration

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6 Parent D Declaration

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July 18, 2023

July 18, 2023

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25

NOTICE of Appearance by James F. Hasson for Plaintiff Parents Defending Education (Hasson, James) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

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26

Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Preliminary Injunction Hearing held on 7/24/2023. (Court Reporter: Shawna Evans) (dms) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

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27

NOTICE of Appearance by Genevieve M. Anderson for Defendants Kevin Daberkow, Brandon Lester, Kevin O'Brien, Mark T Raiff, Peter Stern, Libby Wallick, Randy Wright, Lakesha Wyse (Anderson, Genevieve) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

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28

ORDER denying 7 Motion for Preliminary Injunction. Signed by Chief Judge Algenon L. Marbley on 7/28/2023. (dms) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

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29

NOTICE OF APPEAL re 28 Order on Motion for Preliminary Injunction Filing fee $ 505. by Plaintiff Parents Defending Education. (Connolly, John) (Entered: 07/30/2023)

July 30, 2023

July 30, 2023

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30

Reply in Support of Defendant's Motion to Dismiss Plaintiff's Complaint by Defendants Kevin Daberkow, Brandon Lester, Kevin O'Brien, Olentangy Local School District Board of Education, Mark T Raiff, Peter Stern, Libby Wallick, Randy Wright, Lakesha Wyse. (Freeze, Bartholomew) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

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Filing fee: $ 505, receipt number AOHSDC-9534311 - Related Document:29 Notice of Appeal filed by Parents Defending Education.. (Robinson, Emmett)

Aug. 1, 2023

Aug. 1, 2023

Filing fee: $ 505, receipt number AOHSDC-9534311 - Related Document: 29 Notice of Appeal filed by Parents Defending Education.. (Robinson, Emmett)

Aug. 1, 2023

Aug. 1, 2023

31

USCA Case Number 23-3630 for 29 Notice of Appeal filed by Parents Defending Education; case manager Jennifer A. Strobel, 513-564-7019. (er) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

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32

NOTICE of Change of Address by Bartholomew T Freeze (Freeze, Bartholomew) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

33

Transcript of Preliminary Injunction Proceedings held on July 24, 2023, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 8/31/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/8/2023. (Evans, Shawna) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

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34

ORDER of USCA IN CONSIDERATION THEREOF, it is ORDERED that the district courts denial of injunctive relief is AFFIRMED as to 29 Notice of Appeal filed by Parents Defending Education Note: Mandate to issue., USCA JUDGMENT as to 29 Notice of Appeal filed by Parents Defending Education Note: Mandate to issue. (pb) (Entered: 07/30/2024)

July 30, 2024

July 30, 2024

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35

OPINION AND ORDER denying 16 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge Algenon L. Marbley on 8/28/2024. (cw) (Entered: 08/28/2024)

Aug. 28, 2024

Aug. 28, 2024

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36

ORDER of USCA as to 29 Notice of Appeal filed by Parents Defending Education: The petition for en banc rehearing is GRANTED. The Sixth Circuit ORDERS that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal. Note: No Mandate details noted. (er) (Entered: 11/04/2024)

Nov. 1, 2024

Nov. 1, 2024

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***Document RESTRICTED by the Clerk *** Appellee's BRIEF by Defendant Olentangy Local School District Board of Education. (Attachments: # 1 Exhibit) (Freeze, Bartholomew) Counsel notified the Clerk of the inadvertent filing on 1/22/2025- per So Dist of Ohio Local Rule 5.1(f), document has been restricted (er). (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

38

MOTION to Withdraw as Attorney by Plaintiff Parents Defending Education. (Vaseliou, Thomas) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

39

ORDER granting 38 Plaintiff's Motion to Withdraw as Attorney. Attorney Thomas Samuel Vaseliou terminated. Signed by Magistrate Judge Kimberly A. Jolson on 2/18/2025. (er) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

40

ORDER of USCA as to 29 Notice of Appeal - ORDER filed granting motion to withdraw as counsel filed by Mr. Thomas Samuel Vaseliou. Note: No Mandate details noted. (kh) (Entered: 02/20/2025)

Feb. 19, 2025

Feb. 19, 2025

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41

First MOTION to Withdraw as Attorney by Defendant Olentangy Local School District Board of Education. (Hoffman, Genevieve) (Entered: 10/13/2025)

Oct. 13, 2025

Oct. 13, 2025

42

ORDER granting 41 Defendants' Motion to Withdraw as Attorney. Attorney Genevieve M. Hoffman terminated. Signed by Magistrate Judge Kimberly A. Jolson on 10/14/2025. (er) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

43

ORDER of USCA as to 29 Notice of Appeal filed by Parents Defending Education - OPINION and JUDGMENT filed: REVERSED and REMANDED. Note: Mandate to issue. (kh) (Entered: 11/07/2025)

Nov. 6, 2025

Nov. 6, 2025

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44

USCA Mandate

Dec. 3, 2025

Dec. 3, 2025

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45

Status Report

1 Text of Proposed Order

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Dec. 23, 2025

Dec. 23, 2025

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Case Details

State / Territory:

Ohio

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 11, 2023

Case Details

Other Dockets:

Southern District of Ohio 2:23-cv-01595