Court Docket As Of 01-15-09

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U.S. District Court Northern District of Florida (Pensacola) CIVIL DOCKET FOR CASE #: 3:08-cv-00361-MCR-EMT DOE et al v. SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA et al Assigned to: District Judge M CASEY RODGERS Referred to: MAGISTRATE JUDGE ELIZABETH M TIMOTHY Demand: $1,000 Cause: 28:1983 Civil Rights

Date Filed: 08/27/2008 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff MINOR I DOE

represented by BENJAMIN JAMES STEVENSON BENJAMIN STEVENSON ESQ PENSACOLA FL PO BOX 12723 PENSACOLA , FL 32591-2723 850-429-9128 Fax: 786-363-1985 Email: [email protected] DANIEL MACH AMERICAN CIVIL LIBERTIES UNION WASHINGTON DC 915 15TH ST NW 6TH FLR WASHINGTON , DC 20005 202-548-6604 Fax: 202-546-0738 Email: [email protected] ATTORNEY TO BE NOTICED GLENN MICHAEL KATON ACLU OF FLORIDA - ORLANDO FL 231 E COLONIAL DR STE 150 ORLANDO , FL 32801 407-340-3550 Fax: 813-254-0926 Email: [email protected] ATTORNEY TO BE NOTICED HEATHER WEAVER AMERICAN CIVIL LIBERTIES UNION WASHINGTON DC 915 15TH ST NW 6TH FLR WASHINGTON , DC 20005 202-675-2314

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Fax: 202-546-0738 Email: [email protected] ATTORNEY TO BE NOTICED MARIA KAYANAN ACLU of Florida 4500 Biscayne Boulevard Suite 340 MIAMI , FL 33137 786-363-4435 Email: [email protected] ATTORNEY TO BE NOTICED RANDALL C MARSHALL ACLU OF FLORIDA - MIAMI 4500 BISCAYNE BLVD STE 340 MIAMI , FL 33137-4129 786-363-2700 Fax: 786-363-1108 Email: [email protected] ATTORNEY TO BE NOTICED Plaintiff MINOR II DOE

represented by BENJAMIN JAMES STEVENSON (See above for address) ATTORNEY TO BE NOTICED DANIEL MACH (See above for address) ATTORNEY TO BE NOTICED GLENN MICHAEL KATON (See above for address) ATTORNEY TO BE NOTICED HEATHER WEAVER (See above for address) ATTORNEY TO BE NOTICED MARIA KAYANAN (See above for address) ATTORNEY TO BE NOTICED RANDALL C MARSHALL (See above for address) ATTORNEY TO BE NOTICED

V. Defendant

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SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA agent of SANTA ROSA COUNTY SCHOOL BOARD agent of SANTA ROSA COUNTY FLORIDA SCHOOL BOARD

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represented by JOHN DAVID MARSEY SNIFFEN LAW FIRM PA TALLAHASSEE FL 211 E CALL ST TALLAHASSEE , FL 32301 850-205-1996 Fax: 850-205-3004 Email: [email protected] ATTORNEY TO BE NOTICED PAUL R GREEN JOHNSON GREEN & MILLER PA MILTON FL 6850 CAROLINE ST MILTON , FL 32570 850-623-3841 Fax: 850-623-3555 Email: [email protected] ATTORNEY TO BE NOTICED ROBERT JACOB SNIFFEN SNIFFEN LAW FIRM PA TALLAHASSEE FL 211 E CALL ST TALLAHASSEE , FL 32301 850/205-1996 Fax: 850/205-3004 Email: [email protected] TERRY JOSEPH HARMON SNIFFEN LAW FIRM PA TALLAHASSEE FL 211 E CALL ST TALLAHASSEE , FL 32301 850-205-1996 Fax: 850-205-3004 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant H. FRANK LAY

represented by MATTHEW DAVID LIEBENHAUT CARR ALLISON - TALLAHASSEE FL 305 S GADSDEN ST TALLAHASSEE , FL 32301 850-222-2107 Fax: 850-222-8475 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CHRISTOPHER BARKAS CARR ALLISON - TALLAHASSEE FL 305 S GADSDEN ST TALLAHASSEE , FL 32301 850-222-2107 Fax: 850-224-8475 Email: [email protected] ATTORNEY TO BE NOTICED JOHN DAVID MARSEY (See above for address) ATTORNEY TO BE NOTICED ROBERT JACOB SNIFFEN (See above for address) TERMINATED: 10/20/2008 TERRY JOSEPH HARMON (See above for address) ATTORNEY TO BE NOTICED Defendant represented by JOHN DAVID MARSEY (See above for address) ATTORNEY TO BE NOTICED

JOHN ROGERS

PAUL R GREEN (See above for address) ATTORNEY TO BE NOTICED ROBERT JACOB SNIFFEN (See above for address) ATTORNEY TO BE NOTICED TERRY JOSEPH HARMON (See above for address) ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

08/27/2008

1 COMPLAINT against SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, H. FRANK LAY, JOHN ROGERS ( Filing fee $ 350 receipt number 11290000000001050007.), filed by MINOR I DOE, MINOR II DOE. (Attachments: # 1 Exhibit --No. 1-2 (High School Graduation Programs), # 2 Summons: School Board, # 3 Summons--Rogers, # 4 Summons--Lay) (STEVENSON, BENJAMIN) (Entered: 08/27/2008)

08/27/2008

2 CIVIL COVER SHEET. (STEVENSON, BENJAMIN) (Entered: 08/27/2008)

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08/28/2008

3 Summons Issued as to SCHOOL BOARD FOR SANTA ROSA COUNTY FLORIDA, H. FRANK LAY, and JOHN ROGERS and returned to Pltf's attorney (Benjamin J. Stevenson). (laj) (Entered: 08/28/2008)

09/05/2008

4 NOTICE of Appearance by ROBERT JACOB SNIFFEN on behalf of SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, H. FRANK LAY, JOHN ROGERS (SNIFFEN, ROBERT) (Entered: 09/05/2008)

09/08/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: Proposed ISO. (laj) (Entered: 09/08/2008)

09/08/2008

5 INITIAL SCHEDULING ORDER - Rule 26 Meeting Report due by 10/22/2008; Discovery due by 1/6/2009. Signed by District Judge M CASEY RODGERS on 9/8/2008. (laj) (Entered: 09/08/2008)

09/12/2008

6 ATTORNEY TIME RECORDS by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 09/12/2008)

09/12/2008

7 ATTORNEY TIME RECORDS - SEALED PORTION by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 09/12/2008)

09/18/2008

8 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, H. FRANK LAY, JOHN ROGERS. (SNIFFEN, ROBERT) (Entered: 09/18/2008)

09/19/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 8 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint. (laj) (Entered: 09/19/2008)

09/19/2008

9 ORDER - GRANTING 8 Consented Motion for Extension of Time to File Response to 1 Complaint. Signed by District Judge M CASEY RODGERS on 9/19/20008. Internal deadline for referral to judge if response not filed earlier: 10/19/2008. (laj) (Entered: 09/22/2008)

10/06/2008

10 NOTICE of Appearance by PAUL R GREEN on behalf of SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA and JOHN ROGERS. (laj) (Entered: 10/07/2008)

10/10/2008

11 REPORT of Rule 26(f) Planning Meeting. (STEVENSON, BENJAMIN) (Entered: 10/10/2008)

10/14/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 11 Report of Rule 26(f) Planning Meeting. (laj) (Entered: 10/14/2008)

10/15/2008

12 MOTION for Protective Order to Proceed Pseudonymously by MINOR I DOE, MINOR II DOE. (Attachments: # 1 Exhibit -12.2 Declaration of Doe 1, # 2 Exhibit -12.3 Declaration of Doe 2, # 3 Exhibit -12.4 Declaration of Watson) (STEVENSON, BENJAMIN) (Entered: 10/15/2008)

10/15/2008

13 ATTORNEY TIME RECORDS by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 10/15/2008)

10/15/2008

14 ATTORNEY TIME RECORDS - SEALED PORTION by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 10/15/2008)

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10/16/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 12 MOTION for Protective Order to Proceed Pseudonymously. (laj) (Entered: 10/16/2008)

10/16/2008

15 STIPULATION/MOTION for Substitution of Counsel by H. FRANK LAY. (BARKAS, CHRISTOPHER) Modified on 10/21/2008 to correct "title" (laj). (Entered: 10/16/2008)

10/16/2008

16 ORDER - Re: 11 Report of Rule 26(f) Planning Meeting - The Court will conduct a Rule 16 Conference set for Thursday, 10/23/2008 at 11:00 AM in Pensacola before District Judge M CASEY RODGERS. Signed by District Judge M CASEY RODGERS on 10/16/2008. (laj) (Entered: 10/17/2008)

10/17/2008

17 NOTICE of Intent to Respond to Plaintiffs' Motion for Protective Order to Proceed Pseudonymously (Doc. 12) by SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, JOHN ROGERS re 12 MOTION for Protective Order to Proceed Pseudonymously (SNIFFEN, ROBERT) (Entered: 10/17/2008)

10/17/2008

18 NOTICE Defendants' Supplement to Joint Report of Parties' Conference (Doc. 11) by SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, JOHN ROGERS re 11 Report of Rule 26(f) Planning Meeting (SNIFFEN, ROBERT) (Entered: 10/17/2008)

10/20/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 15 MOTION/Stipulation for Substitution of Counsel. (laj) (Entered: 10/20/2008)

10/20/2008

19 MOTION to Dismiss Plaintiffs' Complaint and Supporting Memorandum of Law by SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, JOHN ROGERS. (Internal deadline for referral to judge if response not filed earlier: 11/7/2008). (MARSEY, JOHN) (Entered: 10/20/2008)

10/20/2008

20 MOTION to Dismiss by H. FRANK LAY. (Internal deadline for referral to judge if response not filed earlier: 11/7/2008). (BARKAS, CHRISTOPHER) (Entered: 10/20/2008)

10/20/2008

21 ORDER - GRANTING 15 Stipulation/Motion to Substitute Attorney. Signed by District Judge M CASEY RODGERS on 10/20/2008. Added attorney CHRISTOPHER BARKAS for H FRANK LAY. Attorney ROBERT JACOB SNIFFEN terminated. (laj) Modified on 10/21/2008 to correct "linkage"(laj). (Entered: 10/21/2008)

10/21/2008

22 RESPONSE to Motion re 12 MOTION for Protective Order to Proceed Pseudonymously, STATEMENT OF FACTS filed by SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, JOHN ROGERS. (MARSEY, JOHN) (Entered: 10/21/2008)

10/21/2008

23 RESPONSE to Motion re 12 MOTION for Protective Order to Proceed Pseudonymously filed by H. FRANK LAY. (BARKAS, CHRISTOPHER) (Entered: 10/21/2008)

10/22/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 12 MOTION for Protective Order to Proceed Pseudonymously and 22 and 23 Responses to Motion; and 17 and 18 Notices.

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(laj) (Entered: 10/22/2008) 10/22/2008

24 MOTION to Strike 1 Complaint, and Supporting Memorandum of Law by SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, JOHN ROGERS. (Internal deadline for referral to judge if response not filed earlier: 11/10/2008). (Attachments: # 1 Exhibit Composite Exhibit A, # 2 Exhibit Composite Exhibit B) (SNIFFEN, ROBERT) (Entered: 10/22/2008)

10/23/2008

25 Minute Entry for proceedings held before District Judge M CASEY RODGERS:Rule 16 Scheduling Conference held on 10/23/2008. Court grants motion for protective order to proceed pseudonymously 12 as to existing plaintiffs and shall enter a Final Scheduling Order with deadlines discussed. (Court Reporter Gwen Kesinger.) (sps) (Entered: 10/24/2008)

10/27/2008

26 ORDER - GRANTING 12 Motion for Protective Order to Proceed Pseudonymously to the extent set forth in this Order. Signed by District Judge M CASEY RODGERS on 10/27/2008. (laj) (Entered: 10/28/2008)

10/27/2008

27 FINAL SCHEDULING AND TRIAL ORDER AND MEDIATION REFERRAL - 1) Jury Trial set for 4/27/2009 08:30 AM in Pensacola before District Judge M CASEY RODGERS. 2) Discovery due by 2/10/2009. 3) Dispositive Motions to be filed by 3/10/2009. 4) All amendments to the Complaint or Answer, if filed, and the addition and/or and joinder of parties shall be made no later than 12/1/2008. 5) Mediation shall take place by 3/10/2009. Signed by District Judge M CASEY RODGERS on 10/27/2008. (laj) (Entered: 10/28/2008)

10/28/2008

28 NOTICE of FILING PLAINTIFFS IDENTITIES UNDER SEAL by MINOR I DOE, MINOR II DOE (STEVENSON, BENJAMIN) (Entered: 10/28/2008)

10/29/2008

29 Sealed Document. (laj) (Entered: 10/29/2008)

11/03/2008

30 RESPONSE in Opposition re 24 MOTION to Strike 1 Complaint, and Supporting Memorandum of Law MOTION to Strike 1 Complaint, and Supporting Memorandum of Law filed by MINOR I DOE, MINOR II DOE. (KAYANAN, MARIA) (Entered: 11/03/2008)

11/03/2008

31 RESPONSE in Opposition re 19 MOTION to Dismiss Plaintiffs' Complaint and Supporting Memorandum of Law, 20 MOTION to Dismiss filed by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 11/03/2008)

11/04/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 19 MOTION to Dismiss Plaintiffs' Complaint and Supporting Memorandum of Law and 30 Response in Opposition to Motion; 20 MOTION to Dismiss, 24 MOTION to Strike 1 Complaint and Supporting Memorandum of Law and 31 Response in Opposition to Motion. (laj) (Entered: 11/04/2008)

11/12/2008

32 ATTORNEY TIME RECORDS by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 11/12/2008)

11/12/2008

33 ATTORNEY TIME RECORDS - SEALED PORTION by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 11/12/2008)

11/25/2008

34 MOTION to Vacate Protective Order to Proceed Pseudononymously by H. FRANK LAY. (Attachments: # 1 Affidavit Bridgette Head, # 2 Affidavit Charlotte Eubanks, # 3

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Affidavit Celene Sessions) (BARKAS, CHRISTOPHER) (Entered: 11/25/2008) 12/02/2008

35 Consent MOTION for Protective Order by SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, H. FRANK LAY, JOHN ROGERS. (MARSEY, JOHN) (Entered: 12/02/2008)

12/02/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 35 Unopposed MOTION for Protective Order. (laj) (Entered: 12/02/2008)

12/03/2008

36 ORDER - GRANTING Dfts 35 Unopposed Motion for Protective Order. If a deposition subject to this Order is filed in whole or in part it should be filed under seal by counsel. Signed by District Judge M CASEY RODGERS on 12/3/2008. (laj) (Entered: 12/03/2008)

12/08/2008

37 RESPONSE in Opposition re 34 MOTION to Vacate Protective Order to Proceed Pseudononymously filed by MINOR I DOE, MINOR II DOE. (KAYANAN, MARIA) (Entered: 12/08/2008)

12/09/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 34 MOTION to Vacate Protective Order to Proceed Pseudononymously and 37 Response in Opposition to Motion. (laj) (Entered: 12/09/2008)

12/09/2008

38 VACATED (see 41 Order) ORDER - GRANTING 34 Motion to Vacate Protective Order to Proceed Pseudononymously. Signed by District Judge M CASEY RODGERS on 12/9/2008. (laj) Modified on 12/10/2008 (djb). (Entered: 12/10/2008)

12/10/2008

39 VACATED (see 41 Order) NOTICE OF APPEAL as to 38 Order on Motion to Vacate by MINOR I DOE, MINOR II DOE. ( Filing fee $455 Receipt Number 11290000000001137672.) (KAYANAN, MARIA) Modified on 12/11/2008 (laj). (Entered: 12/10/2008)

12/10/2008

40 VACATED (see 41 Order)USDC LETTER Transmitting 39 NOTICE OF APPEAL as to 38 Order on Motion to Vacate by MINOR I DOE, MINOR II DOE. (laj) Modified on 12/11/2008 (laj). (Entered: 12/10/2008)

12/10/2008

41 ORDER - The courts order dated December 10, 2008, (doc. 38 ) granting defendants Motion to Vacate Protective Order to Proceed Pseudononymously is hereby VACATED. Defendants Motion to Vacate Protective Order to Proceed Pseudononymously (doc. 34 ) is DENIED. The Clerk of Court is directed to refund any fees associated with the 39 Notice of Appeal of the vacated order. Signed by District Judge M CASEY RODGERS on 12/10/2008. (djb) (copy (pdf) of this order emailed to Tallahassee Finance Office.) (Entered: 12/10/2008)

12/15/2008

42 ATTORNEY TIME RECORDS by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 12/15/2008)

12/15/2008

43 ATTORNEY TIME RECORDS - SEALED PORTION by MINOR I DOE, MINOR II DOE. (STEVENSON, BENJAMIN) (Entered: 12/15/2008)

12/15/2008

44 MOTION to Stay Discovery (Unopposed); Motion for Scheduling Conference (Unopposed) and Notice of Admission of Liability by SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA, H. FRANK LAY, JOHN ROGERS. (MARSEY, JOHN)

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(Entered: 12/15/2008) 12/17/2008

ACTION REQUIRED BY DISTRICT JUDGE - Chambers of District Judge M CASEY RODGERS notified that action is needed - Re: 44 MOTION to Stay Discovery (Unopposed); Motion for Scheduling Conference (Unopposed) and Notice of Admission of Liability. (laj) (Entered: 12/17/2008)

12/18/2008

45 ORDER - GRANTING Unopposed 44 Motion for Scheduling Conference and Upposed Motion to Stay Discovery. The Court will conduct a scheduling conference on Friday, 1/9/2009, at 11:00 AM (CST). Any attorney wishing to attend this conference by telephone must contact the Court to make arrangements no later than 1/7/2009. Signed by District Judge M CASEY RODGERS on 12/18/2008. (laj) (Entered: 12/18/2008)

12/18/2008

Set Hearing - Scheduling Conference set for 1/9/2009 at 11:00 AM in Pensacola before District Judge M CASEY RODGERS - pursuant to 45 Order. (laj) (Entered: 12/18/2008)

12/31/2008

46 DOCKET ANNOTATION BY COURT: Re 45 Order and Scheduling Conference set for Friday, January 9, 2009 @ 11:00 am (Central). Attorneys appearing by phone shall call Sprint Operator #1-866-208-4864 at 10:50 am (Central) and provide Conference ID #79753174 to join call. (sps) (Entered: 12/31/2008)

01/09/2009

47 Minute Entry for proceedings held before District Judge M CASEY RODGERS:Scheduling Conference held on 1/9/2009. Court shall enter a preliminary injunction and case shall be referred to Magistrate Judge Timothy for conference. (Court Reporter Gwen Kesinger.) (sps) (Entered: 01/09/2009)

01/09/2009

48 ORDER - Re: 47 Scheduling Conference - 1) This temporary injuction becomes effective at 12:00 p.m., 1/19/2009. The injunction will remain in effect for a period of (90) days or until further notice by the Court. 2) This matter will be referred to Magistrate Judge Elizabeth M. Timothy by separate Order, with instructions and a timetable for supervising the parties' efforts to fashion permanent relief in the form of a consent decree. Signed by District Judge M CASEY RODGERS on 1/9/2009. (laj) (Entered: 01/09/2009)

01/09/2009

49 ORDER AND REFERRAL - Re: 48 Order - The Magistrate Judge is hereby directed to schedule a conference (or conferences) to be held between 2/2/2009 and 2/20/2009, at which the parties will be prepared and authorized to negotiate a mutually agreeable consent decree in this case, with the Magistrate Judge's assistance and supervision. Signed by District Judge M CASEY RODGERS on 1/9/2009. (laj) (Entered: 01/12/2009)

01/12/2009

ACTION REQUIRED BY MAGISTRATE JUDGE - Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed - Re: 49 Order. (laj) (Entered: 01/12/2009)

01/14/2009

50 CASE MANAGEMENT CONFERENCE ORDER - Re: 49 Order - Scheduling Conference set for 1/16/2009 at 2:00 PM in Pensacola before District Judge M CASEY RODGERS. Signed by District Judge M CASEY RODGERS on 1/14/2009. (laj) (Entered: 01/14/2009)

01/14/2009

51 DOCKET ANNOTATION BY COURT: Re 50 Order - With regard to the Case Management Conference to be held Friday, January 16, 2009, at 2:00 PM (central), the court will require court attendance by at least one attorney of record appearing on

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behalf of plaintiffs and the School Board. The parties are advised that other counsel may appear at the conference by telephone; however, they will not be allowed to address the court. Those who wish to appear by telephone shall call Sprint Operator #1-866-208-4864 at 1:50 pm (Central) and provide Conference ID #81438903 to join the call. (sps) (Entered: 01/14/2009)

PACER Service Center Transaction Receipt 01/15/2009 08:44:46 PACER Login:

ao0486

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Description:

Docket Report

Search Criteria:

3:08-cv-00361MCR-EMT

Billable Pages:

8

Cost:

0.64

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