United States Government Publishing Office publisher pbl distributor dst United States United States District Court Southern District of Indiana author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2024-07-22 Administrative Office of the United States Courts 2024-03-15 monographic deposited born digital JU 4.15 https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075 P0b002ee1c9d82370 DGPO 2024-07-22 2024-07-22 USCOURTS-insd-1_21-cv-03075 machine generated eng fdlp USCOURTS USCOURTS-insd-1_21-cv-03075 District insd 7th Indiana 2173 1:21-cv-03075 Indianapolis civil 440 Other Civil Rights 28:1331 Federal Question: Other Civil Rights 1:21-cv-03075 https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075 JU 4.15 1:21-cv-03075;21-3075 United States District Court Southern District of Indiana 7th Circuit Indianapolis U.S. Courts author aut E. D. D. E. Plaintiff LISA DUELL DUELL LISA Plaintiff MICHAEL DUELL DUELL MICHAEL Plaintiff STEPHANIE EADS EADS STEPHANIE Defendant Indiana Family Institute Indiana Family Institute Amicus ELIZABETH KIZER KIZER ELIZABETH Defendant JEREMY LUNA LUNA JEREMY Defendant CRAIG MCCAFFREY MCCAFFREY CRAIG Defendant JANAE MOBLEY MOBLEY JANAE Defendant BETH NIEDERMEYER NIEDERMEYER BETH Defendant NOBLESVILLE HIGH SCHOOL NOBLESVILLE HIGH SCHOOL Defendant NOBLESVILLE SCHOOL DISTRICT NOBLESVILLE SCHOOL DISTRICT Defendant NOBLESVILLE STUDENTS FOR LIFE NOBLESVILLE STUDENTS FOR LIFE Plaintiff EMILY PATTERSON-JACKSON PATTERSON-JACKSON EMILY Defendant ALISON ROOTES ROOTES ALISON Defendant ALLISON SCHWINGENDORF-HALEY SCHWINGENDORF-HALEY ALLISON Defendant BYRON SIMPSON SIMPSON BYRON Defendant ALEXANDRA SNIDER PASKO SNIDER PASKO ALEXANDRA Defendant DANIEL SWAFFORD SWAFFORD DANIEL Defendant Students for Life of America Students for Life of America Amicus GRACE TUESCA TUESCA GRACE Defendant USCOURTS USCOURTS-insd-1_21-cv-03075 District insd 7th Indiana 2173 1:21-cv-03075 Indianapolis civil 440 Other Civil Rights 28:1331 Federal Question: Other Civil Rights Indiana ENTRY ON MOTION FOR CHANGE OF JUDGE - This matter is before the Court on a Motion for Change of Judge filed pursuant to 28 U.S.C. §§ 144, 455 by Plaintiff E.D. ("Plaintiff") (Filing No. 35). Plaintiff asserts that Judge Sarah Evans Barker ("the presiding judge") holds personal bias and prejudice, and her impartiality may be fairly questioned, which will prohibit Plaintiff from receiving a fair and impartial trial in this matter. Based on this assertion, Plaintiff requests a change of judge so that a different judge will preside over this matter. Pursuant to 28 U.S.C. § 137, the presiding judge requested that the Chief Judge either review the Motion and rule upon it or reassign the Motion to another judicial officer (Filing No. 37). The Chief Judge reassigns the Motion to herself and now rules upon it. The Court concludes that there is no basis for a change of judge in this matter, and, therefore, Plaintiff's Motion for Change of Judge (Filing No. 35) is DENIED. (See Order). Signed by Judge Tanya Walton Pratt on 1/7/2022. (AKH) 0 2022-01-07 D09002ee1c9d8d9f1 https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-0 insd-1_21-cv-03075_0.pdf https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-0 https://www.govinfo.gov/content/pkg/USCOURTS-insd-1_21-cv-03075/pdf/USCOURTS-insd-1_21-cv-03075-0.pdf USCOURTS 1:21-cv-03075; E.D. et al v. NOBLESVILLE SCHOOL DISTRICT et al; United States District Court Southern District of Indiana Indiana USCOURTS-insd-1_21-cv-03075-0 0 2022-01-07 ENTRY ON MOTION FOR CHANGE OF JUDGE - This matter is before the Court on a Motion for Change of Judge filed pursuant to 28 U.S.C. §§ 144, 455 by Plaintiff E.D. ("Plaintiff") (Filing No. 35). Plaintiff asserts that Judge Sarah Evans Barker ("the presiding judge") holds personal bias and prejudice, and her impartiality may be fairly questioned, which will prohibit Plaintiff from receiving a fair and impartial trial in this matter. Based on this assertion, Plaintiff requests a change of judge so that a different judge will preside over this matter. Pursuant to 28 U.S.C. § 137, the presiding judge requested that the Chief Judge either review the Motion and rule upon it or reassign the Motion to another judicial officer (Filing No. 37). The Chief Judge reassigns the Motion to herself and now rules upon it. The Court concludes that there is no basis for a change of judge in this matter, and, therefore, Plaintiff's Motion for Change of Judge (Filing No. 35) is DENIED. (See Order). Signed by Judge Tanya Walton Pratt on 1/7/2022. (AKH) *** DISCHARGED PER ORDER 108 ORDER TO SHOW CAUSE in paragraph 4 of this order *** ORDER - granting in part and denying in part 60 Motion to Dismiss for Failure to State a Claim *** SEE ENTRY FOR MORE DETAILS ***. Signed by Judge Sarah Evans Barker on 9/30/2022. Copies Mailed. (CKM) Modified on 10/28/2022 (CKM). 1 2022-09-30 D09002ee1c9d8d9f2 https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-1 insd-1_21-cv-03075_1.pdf https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-1 https://www.govinfo.gov/content/pkg/USCOURTS-insd-1_21-cv-03075/pdf/USCOURTS-insd-1_21-cv-03075-1.pdf USCOURTS 1:21-cv-03075; E.D. et al v. NOBLESVILLE SCHOOL DISTRICT et al; United States District Court Southern District of Indiana Indiana USCOURTS-insd-1_21-cv-03075-1 1 2022-09-30 *** DISCHARGED PER ORDER 108 ORDER TO SHOW CAUSE in paragraph 4 of this order *** ORDER - granting in part and denying in part 60 Motion to Dismiss for Failure to State a Claim *** SEE ENTRY FOR MORE DETAILS ***. Signed by Judge Sarah Evans Barker on 9/30/2022. Copies Mailed. (CKM) Modified on 10/28/2022 (CKM). ORDER ON APRIL 26, 2023, TELEPHONIC STATUS CONFERENCE AND PLAINTIFFS' MOTION TO COMPEL - On April 26, 2023, the parties appeared by counsel for a telephonic status conference to address various matters, including a motion to compel Plaintiffs filed in December 2022. Plaintiffs' motion to compel [Filing No. 117] is denied, as well as Plaintiffs' request for sanctions and Defendants' request for fees and expenses. The search terms for Request for Production No. 9 are limited to Defendants' proposed revision to the request. See Order additional information. Signed by Magistrate Judge Tim A. Baker. (Attachments: # (1) Copy of Policy 3210, # (2) Copy of Policy 4210)(SWM) 2 2023-04-28 D09002ee1c9d8d9f0 https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-2 insd-1_21-cv-03075_2.pdf https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-2 https://www.govinfo.gov/content/pkg/USCOURTS-insd-1_21-cv-03075/pdf/USCOURTS-insd-1_21-cv-03075-2.pdf USCOURTS 1:21-cv-03075; E.D. et al v. NOBLESVILLE SCHOOL DISTRICT et al; United States District Court Southern District of Indiana Indiana USCOURTS-insd-1_21-cv-03075-2 2 2023-04-28 ORDER ON APRIL 26, 2023, TELEPHONIC STATUS CONFERENCE AND PLAINTIFFS' MOTION TO COMPEL - On April 26, 2023, the parties appeared by counsel for a telephonic status conference to address various matters, including a motion to compel Plaintiffs filed in December 2022. Plaintiffs' motion to compel [Filing No. 117] is denied, as well as Plaintiffs' request for sanctions and Defendants' request for fees and expenses. The search terms for Request for Production No. 9 are limited to Defendants' proposed revision to the request. See Order additional information. Signed by Magistrate Judge Tim A. Baker. (Attachments: # (1) Copy of Policy 3210, # (2) Copy of Policy 4210)(SWM) ORDER - Plaintiffs' motion for reconsideration 107 is GRANTED IN PART as to Plaintiffs' official capacity state tort claims and DENIED IN PART as to Plaintiffs' individual capacity state court claims. The Court, having now notified the parties of our intent to convert Defendants' motion to dismiss to one for summary judgment on the ITCA notice issue hereby ORDERS the parties to file within ten (10) days of the date of this order any evidence that either may wish to have the Court consider in resolving this issue. After any such materials are filed, Defendants shall have twenty-one (21) days within which to submit a supplemental brief in support of their motion for summary judgment and Plaintiffs shall have fourteen (14) days thereafter to respond. SEE ORDER. Signed by Judge Sarah Evans Barker on 9/28/2023. (JRB) 3 2023-09-28 D09002ee1c9d8d9ee https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-3 insd-1_21-cv-03075_3.pdf https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-3 https://www.govinfo.gov/content/pkg/USCOURTS-insd-1_21-cv-03075/pdf/USCOURTS-insd-1_21-cv-03075-3.pdf USCOURTS 1:21-cv-03075; E.D. et al v. NOBLESVILLE SCHOOL DISTRICT et al; United States District Court Southern District of Indiana Indiana USCOURTS-insd-1_21-cv-03075-3 3 2023-09-28 ORDER - Plaintiffs' motion for reconsideration 107 is GRANTED IN PART as to Plaintiffs' official capacity state tort claims and DENIED IN PART as to Plaintiffs' individual capacity state court claims. The Court, having now notified the parties of our intent to convert Defendants' motion to dismiss to one for summary judgment on the ITCA notice issue hereby ORDERS the parties to file within ten (10) days of the date of this order any evidence that either may wish to have the Court consider in resolving this issue. After any such materials are filed, Defendants shall have twenty-one (21) days within which to submit a supplemental brief in support of their motion for summary judgment and Plaintiffs shall have fourteen (14) days thereafter to respond. SEE ORDER. Signed by Judge Sarah Evans Barker on 9/28/2023. (JRB) ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT - Plaintiffs' Motion for Summary Judgment [Dkt. 152] is DENIED and Defendant's Motion for Summary Judgment [Dkt. 157] is GRANTED. All other currently pending motions are hereby DENIED AS MOOT. Final judgment shall be entered accordingly. (SEE ORDER.) Signed by Judge Sarah Evans Barker on 3/15/2024. (TPS) 4 2024-03-15 D09002ee1c9d8d9ef https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-4 insd-1_21-cv-03075_4.pdf https://www.govinfo.gov/app/details/USCOURTS-insd-1_21-cv-03075/USCOURTS-insd-1_21-cv-03075-4 https://www.govinfo.gov/content/pkg/USCOURTS-insd-1_21-cv-03075/pdf/USCOURTS-insd-1_21-cv-03075-4.pdf USCOURTS 1:21-cv-03075; E.D. et al v. NOBLESVILLE SCHOOL DISTRICT et al; United States District Court Southern District of Indiana Indiana USCOURTS-insd-1_21-cv-03075-4 4 2024-03-15 ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT - Plaintiffs' Motion for Summary Judgment [Dkt. 152] is DENIED and Defendant's Motion for Summary Judgment [Dkt. 157] is GRANTED. All other currently pending motions are hereby DENIED AS MOOT. Final judgment shall be entered accordingly. (SEE ORDER.) Signed by Judge Sarah Evans Barker on 3/15/2024. (TPS)