Kentucky Western District Court
Judge:Greg N Stivers
Referred: Colin H Lindsay
Case #: 3:24-cv-00156
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause28:1441ada Removal- Americans with Disabilities Act
Case Filed:Mar 01, 2024
Case in other court:Jefferson Circuit Court, 24-CI-00781
Last checked: Wednesday Aug 28, 2024 6:02 AM EDT
Defendant
Lisa Bash-Defrees
Represented By
Kevin M. Norris
Smith & Smith
contact info
Jacob W. Crouse
Smith & Smith
contact info
Defendant
Brian Clinard
Represented By
Kevin M. Norris
Smith & Smith
contact info
Jacob W. Crouse
Smith & Smith
contact info
Defendant
Taryn Glass
Represented By
Kevin M. Norris
Smith & Smith
contact info
Jacob W. Crouse
Smith & Smith
contact info
Defendant
Victoria Murden McClure
Represented By
Kevin M. Norris
Smith & Smith
contact info
Jacob W. Crouse
Smith & Smith
contact info
Defendant
Spalding University, Inc.
Represented By
Kevin M. Norris
Smith & Smith
contact info
Jacob W. Crouse
Smith & Smith
contact info
Plaintiff
Emily Hodge
Represented By
Andrew C. Weeks
Legal Justice At Work, PLLC
contact info
Plaintiff
Genesis Kenney
Represented By
Andrew C. Weeks
Legal Justice At Work, PLLC
contact info

GPO Nov 07 2024
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Greg N. Stivers on 11/7/2024. Defendant's Motion to Dismiss DN 7 is GRANTED IN PART and DENIED IN PART. cc: Counsel (DeW)

Docket last updated: 04/24/2025 11:59 PM EDT
Friday, January 03, 2025
23 23 order Scheduling Order Fri 01/03 11:54 AM
SCHEDULING ORDER by Magistrate Judge Colin H. Lindsay on 1/2/2025. Rule 26(a) (1) Disclosure due by 1/20/2025. Expert Witness (Plaintiff) due by 8/15/2025. Expert Witness (Defendant) due by 10/17/2025. Joinder of Parties/Amended Pleadings due by 3/21/2025. Fact Discovery due by 10/10/2025. Expert Discovery due by 11/21/2025. Dispositive/Daubert Motions due by 2/6/2026. Telephonic Status Conference set for 9/10/2025 at 10:30 AM ET before Magistrate Judge Colin H. Lindsay. Counsel for the Parties shall connect to the conference by dialing 1-650-479-3207 and entering access code 2319 759 1660. Attendees should press # to skip entry of an attendee or host code. cc: counsel (DeW)
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Thursday, January 02, 2025
22 22 order Order - TEXT ONLY Thu 01/02 4:45 PM
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 1/2/2025. The 1/3/2025 telephonic scheduling conference is REMANDED from the docket. The Court will issue a scheduling plan by separate order. Any party that would like to discuss the scheduling plan may contact case manager Theresa Burch at theresa_burch@kywd.uscourts.gov to schedule a telephonic conference. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (TLB)
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notice Notice of Docket Correction re:PDF Thu 01/02 4:25 PM
NOTICE OF DOCKET CORRECTION Re: Order at21 . ERROR: ORDER DOCKETED IN WRONG CASE. (KDY)
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Thursday, December 26, 2024
21 21 3 pgs order Order Thu 12/26 1:23 PM
ORDER FOR RULE 16 SCHEDULING CONFERENCE (EBOC) by Chief Judge Greg N. Stivers on 12/26/2024. Telephonic Rule 16 Scheduling conference set for 2/6/2025 at 10:45 AM ET before Magistrate Judge Colin H. Lindsay. Counsel who will try the case shall connect to the call by dialing 1-650-479-3207 and entering access code 2319 759 1660. Counsel for the parties shall conduct the meeting of parties by 1/16/2025. Rule 26 meeting report due by 1/30/2025. See Order for details. cc: counsel, CHL-CM (KDY)
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Monday, December 23, 2024
20 20 order Order - TEXT ONLY Mon 12/23 2:22 PM
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 12/23/2024. Due to a conflict in the Court's calendar, the 1/2/2025 telephonic scheduling conference is REMANDED and RESCHEDULED for 1/3/2025 10:30 AM before Magistrate Judge Colin H. Lindsay. Counsel for the Parties shall connect to the conference by dialing 1-650-479-3207 and entering access code 2319 759 1660. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (TLB)
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Thursday, December 19, 2024
19 19 misc Report of Rule 26(f) Planning Meeting (Litigation Plan) Thu 12/19 12:17 PM
Joint REPORT of Rule 26(f) Planning Meeting by Emily Hodge, Genesis Kenney. (Weeks, Andrew)
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18 18 answer Answer to Complaint Thu 12/19 11:04 AM
ANSWER to Complaint by Taryn Glass, Spalding University, Inc.. (Norris, Kevin)
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Tuesday, November 12, 2024
17 17 3 pgs order Order Tue 11/12 2:37 PM
ORDER FOR RULE 16 SCHEDULING CONFERENCE (EBOC) by Chief Judge Greg N. Stivers on 11/12/2024. Telephonic Rule 16 Scheduling Conference set for 1/2/2025 at 10:00 AM ET before Magistrate Judge Colin H. Lindsay. Counsel for the Parties shall connect to the conference by dialing 1-650-479-3207 and entering access code 2319 759 1660. Attendees should press # to skip entry of an attendee or host code. Counsel who will try the case shall participate in the conference. Counsel for the parties shall conduct the meeting of parties by 12/12/2024. Rule 26 Meeting Report due by 12/26/2024. See Order for specific details. cc: counsel, T.Burch-CM (DeW)
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16 16 notice Rule 73 Notice of Magistrate Judges - Trial by Consent Tue 11/12 9:55 AM
NOTICE: Pursuant to 28 U.S.C. Section 636(c) and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action including a (jury or non-jury) trial and to order the entry of a final judgment. You may consent to have your case referred to a Magistrate Judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States Magistrate Judge conduct all proceedings in this case, please complete the[LINK:Notice, Consent, and Reference of a Civil Action to a Magistrate Judge] and send a copy of this document to the clerks office via regular mail or email at[LINK:intake-kywECF@kywd.uscourts.gov] . (TJD)
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15 15 order Order - TEXT ONLY Order Referring Case to Magistrate Judge Tue 11/12 9:54 AM
TEXT ORDER by Chief Judge Greg N. Stivers on 11/12/2024; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel of Record; TLB (TJD)
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Thursday, November 07, 2024
14 14 27 pgs order Order on Motion to Dismiss for Failure to State a Claim Thu 11/07 1:55 PM
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Greg N. Stivers on 11/7/2024. Defendant's Motion to Dismiss DN7 is GRANTED IN PART and DENIED IN PART. cc: Counsel (DeW)
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Friday, May 24, 2024
13 13 respm Reply to Response to Motion Fri 05/24 1:09 PM
REPLY to Response to Motion re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lisa Bash-Defrees, Brian Clinard, Taryn Glass, Victoria Murden McClure, Spalding University, Inc.. (Norris, Kevin)
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Tuesday, May 21, 2024
12 12 1 pgs order Order on Motion for Extension of Time to File Response/Reply Tue 05/21 4:32 PM
ORDER GRANTING EXTENSION OF TIME TO FILE REPLY Signed by Chief Judge Greg N. Stivers on 5/21/2024 granting11 Motion for Extension of Time. The deadline for Defendants to reply to the Motion to Dismiss DN7 is extended to 5/24/2024. cc: Counsel (DeW)
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Monday, May 20, 2024
11 11 motion Extension of Time to File Response/Reply Mon 05/20 4:03 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to10 Response to Motion, by Defendants Lisa Bash-Defrees, Brian Clinard, Taryn Glass, Victoria Murden McClure, Spalding University, Inc. (Norris, Kevin)
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Att: 1 Proposed Order
Friday, April 26, 2024
10 10 respm Response to Motion Fri 04/26 5:51 PM
RESPONSE to Motion re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Emily Hodge, Genesis Kenney. (Weeks, Andrew)
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Att: 1 Exhibit 1. NCAA Interassociation Recommendations: Preventing Catastrophic Injury and Death in Collegiate Athletes.,
Att: 2 Exhibit 2. NCAA Guidelines on Depression Interventions for Intercollegiate Athletics
Monday, April 01, 2024
9 9 1 pgs order Order on Motion for Extension of Time to File Response/Reply Mon 04/01 11:58 AM
ORDER GRANTING PARTIES' JOINT MOTION TO EXTEND BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS Signed by Chief Judge Greg N. Stivers on 4/1/2024 granting8 Motion for Extension of Time. The deadline for Plaintiffs to file a Response to Defendants' Motion to Dismiss is extended to 4/26/2024, and the deadline for Defendants to file a Reply is extended to 5/21/2024. cc: Counsel (DeW)
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Friday, March 29, 2024
8 8 motion Extension of Time to File Response/Reply Fri 03/29 5:42 PM
Joint MOTION for Extension of Time to File Response/Reply as to7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs Emily Hodge, Genesis Kenney (Weeks, Andrew)
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Att: 1 Proposed Order proposed order to extend briefing schedule
Friday, March 22, 2024
7 7 motion Dismiss for Failure to State a Claim Fri 03/22 1:20 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Lisa Bash-Defrees, Brian Clinard, Taryn Glass, Victoria Murden McClure, Spalding University, Inc. (Norris, Kevin)
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Att: 1 Memorandum in Support,
Att: 2 Proposed Order
Tuesday, March 12, 2024
6 6 1 pgs order Order on Motion for Extension of Time to Answer Tue 03/12 2:38 PM
ORDER GRANTING EXTENSION OF TIME TO FILE ANSWER OR OTHERWISE RESPOND TO COMPLAINT Signed by Chief Judge Greg N. Stivers on 3/12/2024 granting5 Motion for Extension of Time. Deadline for the Defendants to respond to the Complaint is extended to 3/22/2024. cc: Counsel (DeW)
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Thursday, March 07, 2024
5 5 motion Extension of Time to File Answer Thu 03/07 3:41 PM
Unopposed MOTION for Extension of Time to File Answer re1 Notice of Removal, by Defendants Lisa Bash-Defrees, Brian Clinard, Taryn Glass, Victoria Murden McClure, Spalding University, Inc. (Norris, Kevin)
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Att: 1 Proposed Order
Friday, March 01, 2024
4 4 notice Notice (Other) Fri 03/01 12:43 PM
CLERK'S NOTICE to Jefferson Circuit Clerk and Counsel of Record/parties re1 Notice of Removal. (DeW)
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3 3 misc Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) Fri 03/01 12:42 PM
Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Spalding University, Inc. (DeW)
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2 2 utility Case Assignment Fri 03/01 12:41 PM
Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (DeW)
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1 1 cmp Notice of Removal Fri 03/01 12:40 PM
NOTICE OF REMOVAL from Jefferson Circuit Court, case number 24-CI-00781, filed by Victoria Murden McClure, Taryn Glass, Brian Clinard, Spalding University, Inc., Lisa Bash-Defrees. (Filing fee $405, receipt number AKYWDC-3987440.) (DeW)
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Att: 1 Exhibit A - Civil Summons,
Att: 2 Exhibit B - Complaint,
Att: 3 Cover Sheet