LAVIGNE v. GREAT SALT BAY COMMUNITY SCHOOL BOARD et al
| Maine District Court | |
| Judge: | Jon D Levy |
| Referred: | Karen Frink Wolf |
| Case #: | 2:23-cv-00158 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 04, 2023 |
| Terminated: | May 03, 2024 |
| Last checked: Friday Oct 13, 2023 9:55 AM EDT |
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Defendant
JESSICA BERK
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Represented By
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Defendant
GREAT SALT BAY COMMUNITY SCHOOL BOARD
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Represented By
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Defendant
LYNSEY JOHNSTON
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Represented By
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Defendant
SAMUEL ROY
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Represented By
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Defendant
KIM SCHAFF
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Represented By
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Plaintiff
AMBER LAVIGNE
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Represented By
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GPO
May 03 2024
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) |
| 1. | Mom of Maine girl who got chest binder at school files lawsuit (nypost.com) |
| Submitted Tue 04/18/2023 | |
| Docket last updated: 12 hours ago |
| Thursday, May 30, 2024 | ||
| 35 | 35
misc
Transcript
Thu 05/30 3:17 PM
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) |
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| Tuesday, May 21, 2024 | ||
| 32 | 32
appeal
Clerks Certificate Re: Appeal Record
Tue 05/21 10:01 AM
CLERK'S CERTIFICATE Re:28 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (clp) |
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| 31 | 31
appeal
Appeal Cover Sheet
Tue 05/21 10:00 AM
APPEAL COVER SHEET Re:28 Notice of Appeal (clp) |
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appeal
Copies of Notice of Appeal Sent to Counsel
Tue 05/21 9:59 AM
COPIES of Notice of Appeal Sent to Counsel Re:28 Notice of Appeal filed by AMBER LAVIGNE. (clp) |
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appeal
Abbreviated Appeal Record Transmitted to USCA
Tue 05/21 10:05 AM
Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re28 Notice of Appeal (clp) |
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notice
Notice (Other)
Tue 05/21 3:45 PM
NOTICE re29 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) |
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appeal
USCA Case Number
Tue 05/21 4:02 PM
USCA Case Number 24-1509 for28 Notice of Appeal filed by AMBER LAVIGNE. (slg) |
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| Monday, May 20, 2024 | ||
| 29 | 29
notice
Notice (Other)/Correspondence
Mon 05/20 2:09 PM
**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) |
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| 28 | 28
appeal
Notice of Appeal
Mon 05/20 2:03 PM
NOTICE OF APPEAL as to26 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 [LINK:https://www.ca1.uscourts.gov] . NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at [LINK:https://pacer.psc.uscourts.gov] . Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at [LINK:https://www.ca1.uscourts.gov/cmecf] (SHELTON, ADAM) |
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misc
Notice of Docket Entry Modification
Mon 05/20 4:31 PM
NOTICE of Docket Entry Modification regarding29 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) |
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| Friday, May 03, 2024 | ||
| 27 | 27
order
Judgment
Fri 05/03 2:42 PM
JUDGMENT OF DISMISSAL- By DEPUTY CLERK: C. Pelletier. (clp) |
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| 26 | 26
22
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 05/03 11:31 AM
ORDER ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM granting12 Motion to Dismiss for Failure to State a Claim By JUDGE JON D. LEVY. (clp) |
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| Tuesday, November 07, 2023 | ||
| 25 | 25
notice
Notice (Other)/Correspondence
Tue 11/07 3:46 PM
CITATION to Authorities by GREAT SALT BAY COMMUNITY SCHOOL BOARD (HEWEY, MELISSA) |
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| 24 | 24
notice
Notice (Other)/Correspondence
Tue 11/07 1:42 PM
CITATIONS to Authority by AMBER LAVIGNE (SHELTON, ADAM) |
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| 23 | 23
1
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 11/07 10:13 AM
PARTIAL ORDER ON DEFENDANTS' MOTION TO DISMISS granting in part12 Motion to Dismiss for Failure to State a Claim By JUDGE JON D. LEVY. (clp) |
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| Wednesday, November 01, 2023 | ||
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minutes
Motion Hearing ~Util - Set Deadlines
Wed 11/01 2:47 PM
Minute Entry for proceedings held before JUDGE JON D. LEVY: Oral Argument held re12 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) |
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| Thursday, October 19, 2023 | ||
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notice
Notice (Other)
Thu 10/19 10:35 AM
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) |
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| Wednesday, September 13, 2023 | ||
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notice
Notice of Hearing on Motion
Wed 09/13 12:49 PM
NOTICE of RESCHEDULED Hearing on Motion12 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) |
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| Thursday, August 03, 2023 | ||
| 19 | 19
notice
Certification for Admission Pro Hac Vice
Thu 08/03 12:45 PM
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) |
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notice
Notice of Hearing on Motion
Thu 08/03 12:17 PM
NOTICE of Hearing on Motion12 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) |
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utility
Set/Reset Deadlines
Thu 08/03 2:41 PM
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) |
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| Friday, July 07, 2023 | ||
| 17 | 17
respm
Reply to Response to Motion
Fri 07/07 3:33 PM
REPLY to Response to Motion re12 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) |
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| Friday, June 30, 2023 | ||
| 16 | 16
respm
Response in Opposition to Motion
Fri 06/30 12:26 PM
RESPONSE in Opposition re12 MOTION to Dismiss for Failure to State a Claim filed by AMBER LAVIGNE. Reply due by 7/14/2023. (SHELTON, ADAM) |
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| Thursday, June 15, 2023 | ||
| 14 | 14
motion
Extend Time
Thu 06/15 11:33 AM
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) |
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order
Order on Motion to Extend Time
Thu 06/15 12:38 PM
ORDER granting14 Motion to Extend Time. Plaintiff's response to Motion to Dismiss due June 30, 2023. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Thu 06/15 2:22 PM
Reset Deadlines as to12 MOTION to Dismiss for Failure to State a Claim per order no. 15: Responses due by 6/30/2023. (clp) |
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| Friday, June 02, 2023 | ||
| 13 | 13
answer
Answer to Complaint
Fri 06/02 4:12 PM
ANSWER to1 Complaint,,,, by JESSICA BERK, GREAT SALT BAY COMMUNITY SCHOOL BOARD, LYNSEY JOHNSTON, SAMUEL ROY, KIM SCHAFF.(HEWEY, MELISSA) |
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| 12 | 12
motion
Dismiss for Failure to State a Claim
Fri 06/02 4:03 PM
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) |
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| Friday, April 14, 2023 | ||
| 11 | 11
service
Waiver of Service Executed
Fri 04/14 3:46 PM
WAIVER OF SERVICE Returned Executed SAMUEL ROY waiver sent on 4/5/2023. (SHELTON, ADAM) |
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| 10 | 10
service
Waiver of Service Executed
Fri 04/14 3:45 PM
WAIVER OF SERVICE Returned Executed LYNSEY JOHNSTON waiver sent on 4/5/2023. (SHELTON, ADAM) |
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| 9 | 9
service
Waiver of Service Executed
Fri 04/14 3:44 PM
WAIVER OF SERVICE Returned Executed KIM SCHAFF waiver sent on 4/5/2023. (SHELTON, ADAM) |
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| 8 | 8
service
Waiver of Service Executed
Fri 04/14 3:43 PM
WAIVER OF SERVICE Returned Executed JESSICA BERK waiver sent on 4/5/2023. (SHELTON, ADAM) |
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| 7 | 7
service
Waiver of Service Executed
Fri 04/14 3:42 PM
WAIVER OF SERVICE Returned Executed GREAT SALT BAY COMMUNITY SCHOOL BOARD waiver sent on 4/5/2023. (SHELTON, ADAM) |
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utility
Set/Reset Answer Deadline
Fri 04/14 4:24 PM
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) |
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| Thursday, April 13, 2023 | ||
| 6 | 6
notice
Notice of Appearance
Thu 04/13 4:33 PM
NOTICE of Appearance by SUSAN M. WEIDNER on behalf of All Defendants (WEIDNER, SUSAN) |
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| 5 | 5
notice
Notice of Appearance
Thu 04/13 12:17 PM
NOTICE of Appearance by MELISSA A. HEWEY on behalf of All Defendants (HEWEY, MELISSA) |
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| Wednesday, April 05, 2023 | ||
| 4 | 4
notice
Certification for Admission Pro Hac Vice
Wed 04/05 11:14 AM
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) |
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| 3 | 3
service
Summons Issued
Wed 04/05 11:08 AM
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). (clp) |
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Att: 1
Summons-Samuel Roy,
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Att: 2
Summons-Kim Schaff,
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Att: 3
Summons-Lynsey Johnston,
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Att: 4
Summons-Jessica Berk
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misc
Case Opening Filing Fee Paid
Wed 04/05 11:04 AM
Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2782157.), filed by AMBER LAVIGNE.(BABER, BRETT) |
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utility
Set/Reset Deadlines
Wed 04/05 12:24 PM
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) |
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| Tuesday, April 04, 2023 | ||
| 2 | 2
misc
Civil Cover Sheet
Wed 04/05 9:33 AM
CIVIL COVER SHEET. (clp) |
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| 1 | 1
cmp
Complaint
Wed 04/05 9:33 AM
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.(clp) Modified on 4/5/202 to add defendant JESSICA BERK (clp) |
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Att: 1
Exhibit 1-Photograph of Chest Binders,
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Att: 2
Exhibit 2-Letter from Maine Child Protective Services,
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Att: 3
Exhibit 3-12/19/22 Statement of the GSB Board Chair, Samuel Belknap, III,
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Att: 4
Exhibit 4-1/14/23 Statement of GSB School Board,
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Att: 5
Exhibit 5-2/26/23 Letter from Principal Kim Schaff to Members of the GSB School Community,
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Att: 6
Exhibit 6-GSB Community School Transgender Student Guidelines Policy Code JB,
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Att: 7
Exhibit 7- GSB CSD Policy-Staff Conduct with Students
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