Missouri Western District Court
Judge:Roseann Ketchmark
Case #: 6:21-cv-03089
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:702 Administrative Procedure Act
Case Filed:Apr 15, 2021
Terminated:Jun 07, 2021
Case in other court:8th USCA, 21-02270
Last checked: Tuesday Oct 12, 2021 5:17 AM CDT
Defendant
Joseph R. Biden, Jr.
Represented By
Serena M Orloff
Doj-Civ
contact info
James Luh
U.S. Department Of Justice, Civil Division, Federal Programs
contact info
Charles M. Thomas
United States Attorney'S Office
contact info
Defendant
Marcia L. Fudge
Represented By
Serena M Orloff
Doj-Civ
contact info
James Luh
U.S. Department Of Justice, Civil Division, Federal Programs
contact info
Charles M. Thomas
United States Attorney'S Office
contact info
Defendant
U.S. Department of Housing and Urban Development
Represented By
Serena M Orloff
Doj-Civ
contact info
James Luh
U.S. Department Of Justice, Civil Division, Federal Programs
contact info
Charles M. Thomas
United States Attorney'S Office
contact info
Defendant
Jeanine M. Worden
Represented By
Serena M Orloff
Doj-Civ
contact info
James Luh
U.S. Department Of Justice, Civil Division, Federal Programs
contact info
Charles M. Thomas
United States Attorney'S Office
contact info
Plaintiff
The School of the Ozarks, Inc.
Represented By
Greggory R Walters
Alliance Defending Freedom
contact info
Matthew S. Bowman
Alliance Defending Freedom
contact info
Julie Marie Blake
Alliance Defending Freedom
contact info

GPO Jun 04 2021
ORDER: (1) dismissing Plaintiff's motion for temporary restraining order and preliminary injunction (Doc. 22) and (2) dismissing the case. Signed on 6/4/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)

1. College of the Ozarks request denied in federal court (bransontrilakesnews.com)
Submitted Tue 06/08/2021
Docket last updated: 11/22/2024 11:59 PM CST
Tuesday, June 20, 2023
appeal Writ of Certiorari Fri 06/23 4:06 PM
WRIT OF CERTIORARI Denied. Eighth Circuit Case Number: 21-2270 Supreme Court Case Number: 22-816. (Furtak, Rebecca)
Related: [-]
Monday, February 27, 2023
appeal Writ of Certiorari Fri 03/03 12:59 PM
WRIT OF CERTIORARI Petition filed. Eighth Circuit Case Number: 21-2270 This is a text entry only. There is no document attached. (Furtak, Rebecca)
Related: [-]
Friday, October 07, 2022
37 37 appeal USCA Mandate Fri 10/07 1:37 PM
MANDATE of US COURT OF APPEALS as to26 Notice of Appeal filed by The School of the Ozarks, Inc. with mandate issued on 10/07/2022. (Keller, Jeanne)
Related: [-]
Friday, September 30, 2022
36 36 appeal USCA Order Fri 09/30 2:54 PM
ORDER of US COURT OF APPEALS, denying petition for enbanc rehearing filed by Appellant The School of the Ozarks, Inc. The petition for panel rehearing is also denied. (Keller, Jeanne)
Related: [-]
Wednesday, July 27, 2022
35 35 appeal USCA Judgment and/or Opinion Wed 07/27 1:29 PM
USCA Judgment and Opinion as to26 Notice of Appeal filed by The School of the Ozarks, Inc. This is a preliminary judgment and opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals.(Keller, Jeanne)
Related: [-]
Att: 1 Opinion
Friday, November 12, 2021
order Order on Motion to Withdraw as Attorney Fri 11/12 11:04 AM
ORDER granting33 motion to withdraw as attorney. Attorney Serena M Orloff terminated. Signed on 11/12/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
Related: [-]
Thursday, November 11, 2021
33 33 motion Withdraw as Attorney Thu 11/11 11:39 AM
Consent MOTION to withdraw as attorney filed by Serena M Orloff on behalf of Joseph R. Biden, Jr, Marcia L. Fudge, U.S. Department of Housing and Urban Development, Jeanine M. Worden. Suggestions in opposition/response due by 11/26/2021 unless otherwise directed by the court. (Orloff, Serena)
Related: [-]
Friday, August 06, 2021
32 32 1 pgs appeal USCA Order Fri 08/06 12:40 PM
ORDER of US COURT OF APPEALS letter regarding new caption in case(Keller, Jeanne)
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Att: 1 1 pgs Cover Letter from 8th USCA
Friday, July 09, 2021
31 31 appeal USCA Order Fri 07/09 1:25 PM
ORDER of US COURT OF APPEALS. The motion for injunction pending appeal has been considered by the court and is denied. See attached Order for full text. (Keller, Jeanne)
Related: [-]
Wednesday, June 09, 2021
30 30 appeal USCA Case Number and Briefing Schedule Wed 06/09 4:24 PM
USCA Case Number from 8th USCA is 21-2270 for26 Notice of Appeal filed by The School of the Ozarks, Inc.. Briefing schedule entered by the Court of Appeals is attached. Transcript due by 7/19/2021.(Keller, Jeanne)
Related: [-]
Att: 1 Briefing Schedule
29 29 1 pgs order Order on Motion for Preliminary Injunction Wed 06/09 12:04 PM
ORDER denying22 Motion for preliminary injunction pending appeal. Signed on 6/9/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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Tuesday, June 08, 2021
28 28 11 pgs motion Order Tue 06/08 7:52 PM
SUGGESTIONS IN OPPOSITION re22 MOTION for preliminary injunction pending appeal (Defendants' Suggestions in Opposition to Motion for Injunction Pending Appeal) filed by James Luh on behalf of All Defendants. Reply suggestions due by 6/22/2021 unless otherwise directed by the court. Related [+] (Luh, James) Modified on 6/9/2021 to correct docket event (Crocker, Susan).
Related: [-] 22
27 27 appeal Transmission of Notice of Appeal Supplement to US Court of Appeals Tue 06/08 12:56 PM
TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document26 Notice of Appeal. (Furtak, Rebecca)
Related: [-]
utility Set Motion and R&R Deadlines Wed 06/09 11:30 AM
Set/Reset Deadlines as to28 SUGGESTIONS IN OPPOSITION re22 MOTION for preliminary injunction pending appeal (Defendants' Suggestions in Opposition to Motion for Injunction Pending Appeal) . Reply suggestions due by 6/22/2021 unless otherwise directed by the court. (Crocker, Susan)
Related: [-]
Monday, June 07, 2021
26 26 appeal Notice of Appeal Mon 06/07 5:33 PM
NOTICE OF APPEAL as to24 Order on Motion for Preliminary Injunction,25 Clerk's Judgment by The School of the Ozarks, Inc.. Filing fee $ 505, receipt number AMOWDC-7445181. (Blake, Julie)
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25 25 order Clerk's Judgment Mon 06/07 11:06 AM
CLERK'S JUDGMENT (Wheeler, LaTandra)
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Friday, June 04, 2021
24 24 7 pgs order Order on Motion for Preliminary Injunction Fri 06/04 2:24 PM
ORDER: (1) dismissing Plaintiff's motion for temporary restraining order and preliminary injunction (Doc.22 ) and (2) dismissing the case. Signed on 6/4/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
Related: [-]
Friday, May 28, 2021
23 23 misc Electronic Transcript Fri 05/28 2:36 PM
ELECTRONIC TRANSCRIPT of Evidentiary Hearing - Videoconference held 05/19/2021 before Judge Roseann Ketchmark. Court Reporter: Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. Number of pages: 78. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 6/4/2021 unless otherwise directed by the court. Release of Transcript Restriction set for 8/26/2021. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Crawford, Jean) Modified on 5/28/2021: Main document replaced. NEF regenerated. (Melvin, Greg)
Related: [-]
Tuesday, May 25, 2021
22 22 motion Preliminary Injunction Tue 05/25 5:12 PM
MOTION for preliminary injunction pending appeal filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. Suggestions in opposition/response due by 6/8/2021 unless otherwise directed by the court.(Blake, Julie)
Related: [-]
Att: 1 21 pgs Suggestions in Support
Thursday, May 20, 2021
21 21 minutes Evidentiary Hearing Order on Motion for Preliminary Injunction Order on Motion for TRO Thu 05/20 9:40 AM
Minute Entry. Proceedings held before District Judge Roseann Ketchmark: denying2 motion for temporary restraining order and preliminary injunction; EVIDENTIARY HEARING held on 5/20/2021. Proceedings held as noted on the record. Written order to follow. Counsel appearing for Plaintiff: Julie Marie Blake, Matthew S. Bowman. Counsel appearing for Defendants: James Luh, Serena M. Orloff. Time in court: 3:32 pm to 5:49 pm. To order a transcript of this hearing please contact Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
Related: [-]
Thursday, May 13, 2021
20 20 respm Reply Suggestions to Motion Thu 05/13 11:15 PM
REPLY SUGGESTIONS to motion re2 MOTION for preliminary injunction MOTION for temporary restraining order filed by Julie Marie Blake on behalf of Plaintiff The School of the Ozarks, Inc.. Related [+] (Blake, Julie)
Related: [-] 2
Thursday, May 06, 2021
19 19 respm Suggestions in Opposition to Motion Thu 05/06 9:30 PM
SUGGESTIONS in opposition re2 MOTION for preliminary injunction MOTION for temporary restraining order filed by James Luh on behalf of Defendants Joseph R. Biden, Jr, Marcia L. Fudge, U.S. Department of Housing and Urban Development, Jeanine M. Worden. Reply suggestions due by 5/20/2021 unless otherwise directed by the court. Related [+] (Luh, James)
Related: [-] 2
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
Wednesday, May 05, 2021
18 18 order Order on Motion for Leave to File Excess Pages Wed 05/05 2:43 PM
ORDER granting17 motion for leave to file excess pages: (1) Defendants may file suggestions in opposition up to 35 pages in excess of the limitation set forth in Local Rule 7.0(d); (2) Plaintiff may file reply suggestions up to 20 pages in excess of the limitation set forth in Local Rule 7.0(d). Signed on 5/5/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
Related: [-]
17 17 motion File Excess Pages Wed 05/05 2:29 PM
Consent MOTION for leave to file excess pages filed by Serena M Orloff on behalf of Joseph R. Biden, Jr, Marcia L. Fudge, U.S. Department of Housing and Urban Development, Jeanine M. Worden. Suggestions in opposition/response due by 5/19/2021 unless otherwise directed by the court. (Orloff, Serena)
Related: [-]
Monday, April 26, 2021
16 16 notice Notice of Appearance Mon 04/26 2:57 PM
NOTICE of appearance by Charles M. Thomas on behalf of All Defendants (Attorney Charles M. Thomas added to party Joseph R. Biden, Jr(pty:dft), Attorney Charles M. Thomas added to party Marcia L. Fudge(pty:dft), Attorney Charles M. Thomas added to party U.S. Department of Housing and Urban Development(pty:dft), Attorney Charles M. Thomas added to party Jeanine M. Worden(pty:dft))(Thomas, Charles)
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15 15 notice Notice of Hearing Mon 04/26 1:44 PM
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction set for 5/19/2021 03:30 PM in Video Teleconference before District Judge Roseann Ketchmark. (Skelton, Sara)
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14 14 2 pgs order Order on Motion for Extension of Time to File Response/Reply Order on Motion for Miscellaneous Relief Mon 04/26 10:07 AM
ORDER denying12 motion for extension of time to file response; denying12 motion for briefing schedule. Signed on 4/26/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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Friday, April 23, 2021
13 13 respm Suggestions in Opposition to Motion Fri 04/23 11:34 AM
SUGGESTIONS in opposition re12 MOTION for extension of time to file response/reply as to2 MOTION for preliminary injunction MOTION for temporary restraining order MOTION for order Briefing Schedule re1 Complaint,,2 MOTION for preliminary injunction MOTION for temporary restraining order (Defendants' Motion for Briefing Schedule) filed by Julie Marie Blake on behalf of Plaintiff The School of the Ozarks, Inc.. Reply suggestions due by 5/7/2021 unless otherwise directed by the court. Related [+] (Blake, Julie)
Related: [-] 12
Thursday, April 22, 2021
12 12 motion Extension of Time to File Response/Reply Order Thu 04/22 6:53 PM
MOTION for extension of time to file response/reply as to2 MOTION for preliminary injunction MOTION for temporary restraining order , MOTION for order Briefing Schedule re1 Complaint,,2 MOTION for preliminary injunction MOTION for temporary restraining order (Defendants' Motion for Briefing Schedule) filed by James Luh on behalf of All Defendants. Suggestions in opposition/response due by 5/6/2021 unless otherwise directed by the court. Related [+] (Luh, James)
Related: [-] 2 1
Wednesday, April 21, 2021
11 11 notice Notice of Appearance Wed 04/21 10:03 AM
NOTICE of appearance by James Luh on behalf of All Defendants (Attorney James Luh added to party Joseph R. Biden, Jr(pty:dft), Attorney James Luh added to party Marcia L. Fudge(pty:dft), Attorney James Luh added to party U.S. Department of Housing and Urban Development(pty:dft), Attorney James Luh added to party Jeanine M. Worden(pty:dft))(Luh, James)
Related: [-]
10 10 notice Notice of Appearance Wed 04/21 9:50 AM
NOTICE of appearance by Serena M Orloff on behalf of All Defendants (Attorney Serena M Orloff added to party Joseph R. Biden, Jr(pty:dft), Attorney Serena M Orloff added to party Marcia L. Fudge(pty:dft), Attorney Serena M Orloff added to party U.S. Department of Housing and Urban Development(pty:dft), Attorney Serena M Orloff added to party Jeanine M. Worden(pty:dft))(Orloff, Serena)
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Tuesday, April 20, 2021
9 9 order Order on Motion to Appear Pro Hac Vice Tue 04/20 4:45 PM
ORDER granting7 motion to appear pro hac vice entered by Clerk of Court. Attorney Greggory R Walters for The School of the Ozarks, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at [LINK:PACER] . This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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8 8 order Order on Motion to Appear Pro Hac Vice Tue 04/20 4:36 PM
ORDER granting6 motion to appear pro hac vice entered by Clerk of Court. Attorney Matthew S. Bowman for The School of the Ozarks, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at [LINK:PACER] . This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
Related: [-]
7 7 motion Appear Pro Hac Vice Tue 04/20 4:29 PM
Motion to allow Greggory R. Walters to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7385532) filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. (Blake, Julie)
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6 6 motion Appear Pro Hac Vice Tue 04/20 4:14 PM
Motion to allow Matthew S. Bowman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7385464) filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. (Blake, Julie)
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Thursday, April 15, 2021
5 5 order Order on Motion for Leave to File Excess Pages Thu 04/15 1:58 PM
ORDER granting3 motion for leave to file 17 excess pages. Signed on 4/15/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
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4 4 notice Notice of MAPN Thu 04/15 1:50 PM
NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to an outside mediator. (Keller, Jeanne)
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Att: 1 MAP General Order
3 3 motion File Excess Pages Thu 04/15 12:02 PM
MOTION for leave to file excess pages in Suggestions in Support of Motion for Preliminary Injunction and Temporary Restraining Order filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. Suggestions in opposition/response due by 4/29/2021 unless otherwise directed by the court.(Blake, Julie)
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2 2 motion Preliminary Injunction Temporary Restraining Order Thu 04/15 11:50 AM
MOTION for preliminary injunction , MOTION for temporary restraining order filed by Julie Marie Blake on behalf of The School of the Ozarks, Inc.. Suggestions in opposition/response due by 4/29/2021 unless otherwise directed by the court.(Blake, Julie)
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Att: 1 Suggestion in Support, # 2 Proposed Order
1 1 70 pgs cmp Complaint Thu 04/15 11:14 AM
COMPLAINT against All Defendants filed by Julie Marie Blake on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7378687. Service due by 7/14/2021 unless otherwise directed by the court.(Blake, Julie) (Attachment 18 replaced on 4/15/2021) (Keller, Jeanne)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Exhibit E,
Att: 7 Exhibit F,
Att: 8 Exhibit G,
Att: 9 Exhibit H,
Att: 10 Exhibit I,
Att: 11 Exhibit J,
Att: 12 Exhibit K,
Att: 13 Exhibit L,
Att: 14 Exhibit M,
Att: 15 Exhibit N,
Att: 16 Exhibit O,
Att: 17 Exhibit P,
Att: 18 Disclosure of Corporation Interests
notice Notice of Docket Modification Thu 04/15 1:38 PM
NOTICE OF DOCKET MODIFICATION. A modification has been made to the documents filed on 4/15/2021 as Document No. 2-2, Proposed Order and No. 3-1, Proposed Order. The proposed orders attached to the motions have been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Keller, Jeanne)
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service Summons Issued as to USA Thu 04/15 2:13 PM
SUMMONS ISSUED as to Joseph R. Biden, Jr, Marcia L. Fudge, U.S. Department of Housing and Urban Development, Jeanine M. Worden, and U.S. Attorney, and e-mailed to Plaintiff's counsel. (Keller, Jeanne)
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