Oswald v. Lakota Local School Board
| Ohio Southern District Court | |
| Judge: | Jeffery P Hopkins |
| Referred: | Karen L Litkovitz |
| Case #: | 1:21-cv-00681 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | Oct 25, 2021 |
| Terminated: | Aug 09, 2024 |
| Last checked: Saturday Apr 23, 2022 5:17 AM EDT |
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Defendant
Lakota Local School Board
5572 Princeton Road
Liberty Township, OH 45011 |
Represented By
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Plaintiff
Brian Oswald
4841-A Rialto Road
West Chester, OH 45069 |
Represented By
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GPO
Aug 09 2024
OPINION AND ORDER - For the reasons stated, the Court GRANTS the Motion for Summary Judgment of Defendant Lakota Local School Board (Doc. 35) and DISMISSES Plaintiff Brian Oswalds Complaint (Doc. 1). The Court notes that Mr. Oswalds facial challenge under the First Amendment is dismissed WITHOUT PREJUDICE because the Court lacks jurisdiction to decide the merits of his claim. See Davis v. Colerain Twp., 51 F.4th 164, 176 (6th Cir. 2022). Alternatively, Mr. Oswalds as-applied First Amendment challenge is dismissed WITH PREJUDICE. The Court ORDERS the clerk to ENTER JUDGMENT and TERMINATE this matter from the docket. Signed by Judge Jeffery P. Hopkins on 08/09/2024. (bjc) |
| Docket last updated: 07/20/2025 11:59 PM EDT |
| Friday, June 13, 2025 | ||
| 44 | 44
appeal
USCA Order
Mon 06/16 11:03 AM
OPINION AND JUDGMENT of USCA as to40 Notice of Appeal, filed by Brian Oswald: The judgment of the District Court is AFFIRMED. Note: Mandate to issue. (er) |
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| Friday, September 27, 2024 | ||
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appeal
USCA Case Number
Fri 09/27 9:25 AM
USCA Case Number 24-3835 for40 Notice of Appeal, filed by Brian Oswald. (pb) |
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| Thursday, September 26, 2024 | ||
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order
Order on Motion for Extension of Time
Thu 09/26 4:40 PM
NOTATION ORDER granting42 Motion for Extension of Time and the Notice of Appeal40 is accepted as filed timely. The Motion for Extension of Time41 is denied as moot. Signed by Judge Jeffery P. Hopkins on 9/26/2024. (kmc) |
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| Wednesday, September 25, 2024 | ||
| 42 | 42
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motion
Extension of Time
Wed 09/25 3:02 PM
Amended MOTION for Extension of Time New date requested 9/26/2024. Notice of Appeal by Plaintiff Brian Oswald. (Kraemer, Bradley) |
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| 41 | 41
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motion
Extension of Time
Wed 09/25 2:39 PM
Sixth MOTION for Extension of Time New date requested 9/26/2024. Notice of Appeal by Plaintiff Brian Oswald. (Kraemer, Bradley) |
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| 40 | 40
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appeal
Notice of Appeal
Wed 09/25 2:23 PM
NOTICE OF APPEAL re38 Order on Motion for Summary Judgment,,39 Clerk's Judgment (FILING FEE PAID, Receipt No. A0HSDC10133251) by Plaintiff Brian Oswald. Appeal Record due by 9/9/2024. (Kraemer, Bradley) Modified docket text on 9/25/2024 to add receipt number and to reflect payment was made on 8/23/2024. (kh) |
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| Friday, August 09, 2024 | ||
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order
Judgment - Clerk
Fri 08/09 4:56 PM
CLERK'S JUDGMENT affirming38 . Signed by Judge Jeffery P. Hopkins on 08/09/2024. (bjc) |
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order
Order on Motion for Summary Judgment
Fri 08/09 4:34 PM
OPINION AND ORDER - For the reasons stated, the Court GRANTS the Motion for Summary Judgment of Defendant Lakota Local School Board (Doc.35 ) and DISMISSES Plaintiff Brian Oswalds Complaint (Doc.1 ). The Court notes that Mr. Oswalds facial challenge under the First Amendment is dismissed WITHOUT PREJUDICE because the Court lacks jurisdiction to decide the merits of his claim. See Davis v. Colerain Twp., 51 F.4th 164, 176 (6th Cir. 2022). Alternatively, Mr. Oswalds as-applied First Amendment challenge is dismissed WITH PREJUDICE. The Court ORDERS the clerk to ENTER JUDGMENT and TERMINATE this matter from the docket. Signed by Judge Jeffery P. Hopkins on 08/09/2024. (bjc) |
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| Friday, September 08, 2023 | ||
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notice
Notice Terminating Deadlines/Hearings
Fri 09/08 2:20 PM
NOTICE: The Telephone Status Conference set for 9/11/2023 at 2:00 PM is VACATED. (mr) |
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| Thursday, August 31, 2023 | ||
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respm
Reply to Response to Motion
Thu 08/31 2:15 PM
REPLY to Response to Motion re35 MOTION for Summary Judgment filed by Defendant Lakota Local School Board. (Smith, Ian) |
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| Thursday, August 17, 2023 | ||
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respm
Response in Opposition to Motion
Thu 08/17 11:39 PM
RESPONSE in Opposition re35 MOTION for Summary Judgment filed by Plaintiff Brian Oswald. (Kraemer, Bradley) |
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| Thursday, July 27, 2023 | ||
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motion
Summary Judgment
Thu 07/27 11:40 AM
MOTION for Summary Judgment by Defendant Lakota Local School Board. (Smith, Ian) |
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Att: 1
Proposed Undisputed Facts
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| Wednesday, July 26, 2023 | ||
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misc
Affidavit
Wed 07/26 2:51 PM
AFFIDAVIT of Kelley Casper by Defendant Lakota Local School Board. (Smith, Ian) |
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| Wednesday, July 19, 2023 | ||
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discov
Deposition
Wed 07/19 2:51 PM
DEPOSITION by Defendant Lakota Local School Board. (Smith, Ian) |
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Notice of Filing Deposition
Wed 07/19 2:49 PM
NOTICE OF FILING DEPOSITION of Matthew Miller by Defendant Lakota Local School Board. (Smith, Ian) |
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| Wednesday, June 28, 2023 | ||
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Notice of Filing Deposition
Wed 06/28 1:04 PM
NOTICE OF FILING DEPOSITION of Sgt Jason D Rosser by Defendant Lakota Local School Board. (Smith, Ian) |
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Notice of Filing Deposition
Wed 06/28 1:03 PM
NOTICE OF FILING DEPOSITION of Lt. Michael Nutt by Defendant Lakota Local School Board. (Smith, Ian) |
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Notice of Filing Deposition
Wed 06/28 1:02 PM
NOTICE OF FILING DEPOSITION of Christopher Passarge by Defendant Lakota Local School Board. (Smith, Ian) |
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discov
Notice of Filing Deposition
Wed 06/28 12:58 PM
DEPOSITION of Sgt Jason D Rosser taken on 3/20/2023 by Defendant Lakota Local School Board. (Smith, Ian) Modified docket text on 6/28/2023 (zmc) |
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Notice of Filing Deposition
Wed 06/28 12:56 PM
DEPOSITION of Christopher Passarge taken on 2/21/2023 by Defendant Lakota Local School Board. (Smith, Ian) Modified docket text on 6/28/2023 (zmc) |
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Notice of Filing Deposition
Wed 06/28 12:54 PM
DEPOSITION of Lt Michael Nutt taken on 3/20/2023 by Defendant Lakota Local School Board. (Smith, Ian) Modified docket text on 6/28/2023 (zmc) |
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| Wednesday, June 21, 2023 | ||
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minutes
Status Conference
Wed 06/21 12:53 PM
Minute entry for proceedings held before Judge Jeffery P. Hopkins: Telephone Conference held on 6/21/23. Attorney Bradley Kraemer appeared on behalf of Plaintiff; Attorney Ian Smith appeared on behalf of Defendant. Case matters discussed. Telephone Status Conference set for 9/11/2023 at 2:00 PM. The Court will issue a separate Notice. (Court Reporter: Linda Mullen) (mr) |
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| Monday, May 15, 2023 | ||
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order
Order ~Util - Set Deadlines/Hearings
Mon 05/15 4:22 PM
NOTATION ORDER: In accordance with the emailed joint status report provided by the parties, the Court GRANTS the joint request to extend the discovery deadline to June 30, 2023 and the dispositive motion deadline to July 28, 2023. The Telephonic Status Conference is hereby RESCHEDULED for June 21, 2023 at 10:00 a.m. Should the parties contact the Court to request mediation prior to that date, the Court may vacate the status conference and pending deadlines. Signed by Judge Jeffery P. Hopkins on 5/15/2023. (kmc) |
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| Friday, May 05, 2023 | ||
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order
Order
Fri 05/05 1:39 PM
ORDER Setting Telephonic Status Conference and Requiring Joint Status Report. Joint Status Report due on or before 5/15/2023. Telephonic Status Conference on 5/17/2023 at 11:00 AM before Judge Jeffery P. Hopkins. Signed by Judge Jeffery P. Hopkins on 5/5/2023. (kmc) |
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| Thursday, April 27, 2023 | ||
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Deposition
Thu 04/27 2:01 PM
DEPOSITION of Kelley Casper taken on 02/22/2023 by Defendant Lakota Local School Board. (Smith, Ian) |
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Deposition
Thu 04/27 1:58 PM
DEPOSITION of Brian Oswald taken on 02/22/2023 by Defendant Lakota Local School Board. (Smith, Ian) |
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Notice of Filing Deposition
Thu 04/27 1:49 PM
NOTICE OF FILING DEPOSITION of Brian Oswald by Defendant Lakota Local School Board. (Smith, Ian) |
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Att: 1
145 pgs
Deposition Transcript of Brian Oswald,
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Att: 2
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Notice of Filing Deposition
Thu 04/27 1:35 PM
NOTICE OF FILING DEPOSITION of Kelley Casper by Defendant Lakota Local School Board. (Smith, Ian) |
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Att: 1
15 pgs
Deposition Transcript of Kelley Casper,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 6
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| Thursday, March 23, 2023 | ||
| 20 | 20
misc
Stipulation
Thu 03/23 11:55 AM
STIPULATION joint stipulation for extension of time for discovery by Plaintiff Brian Oswald. (Kraemer, Bradley) |
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utility
Set/Reset Deadlines
Thu 03/23 4:14 PM
Reset Deadlines re doc20 : Discovery due 5/31/2023; Dispositive motions due 5/31/2023. (kh) |
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| Wednesday, March 15, 2023 | ||
| 19 | 19
trial
Witness List
Wed 03/15 12:44 PM
Revised Disclosure of Non-Expert Witnesses by Defendant Lakota Local School Board. (Smith, Ian) Modified docket text on 3/15/2023 (eh) |
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| Wednesday, December 21, 2022 | ||
| 18 | 18
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order
Order Reassigning Case
Wed 12/21 11:55 AM
ORDER REASSIGNING CASE. Case reassigned to Judge Jeffery P. Hopkins for all further proceedings. Judge Douglas R. Cole no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 12/21/22. (jcw) |
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| Monday, May 16, 2022 | ||
| 17 | 17
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notice
Notice (Other)
Mon 05/16 10:58 AM
NOTICE by Plaintiff Brian Oswald Plaintiff's Disclosure of Non-Expert Witnesses (Morris, Briana) Modified to include document caption on 5/16/2022 (kl) |
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| Thursday, May 12, 2022 | ||
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notice
Notice (Other)
Thu 05/12 12:39 PM
NOTICE by Defendant Lakota Local School Board Disclosure of Non-Expert (Fact) Witnesses (Smith, Ian) |
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| Friday, April 08, 2022 | ||
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order
Order
Fri 04/08 11:20 AM
Order Setting Settlement Conference: Settlement Conference set for Wednesday, August 24, 2022 at 9:00 A.M. -EST before Magistrate Judge Karen L. Litkovitz via videoconferencing (Zoom for Government) Zoomgov.com - Should the parties desire the Courts consideration of an in-person mediation, counsel shall advise the chambers of the undersigned, in writing, within 14 days prior to the conference, of the total number of participants (counsel and client representatives) they anticipate being present at the mediation. The Court shall then determine if an in-person mediation with social distancing can be accommodated . The parties shall exchange fully documented settlement demands and counter-offers within the time frames set forth in the Order. Ex parte settlement statements are due to the Court no later than August 17, 2022, at Noon. Statements shall be submitted directly to chambers either by email at litkovitz_chambers@ohsd.uscourts.gov or by fax at (513) 564-7691 . Signed by Magistrate Judge Karen L. Litkovitz on 4/8/2022. (art) |
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| Wednesday, April 06, 2022 | ||
| 14 | 14
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order
Order Referring Case to Mediation
Wed 04/06 4:13 PM
Order referring case to Magistrate Judge Karen L. Litkovitz for settlement purposes only. Signed by Judge Douglas R. Cole on 4/6/22. (sct) |
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| 13 | 13
order
Cincinnati Preliminary Pretrial Order
Wed 04/06 4:12 PM
CALENDAR ORDER: Motions directed to pleadings due by 5/9/22. Motions to amend the pleadings and/or add additional parties due by 5/9/22. Lay Witnesses due by 5/16/22. Initial Disclosures due by 5/22/22. Discovery due by 4/1/23. Dispositive motions due by 5/1/23. Signed by Judge Douglas R. Cole on 4/6/22. (sct) |
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| Tuesday, April 05, 2022 | ||
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minutes
Telephone Conference
Tue 04/05 1:57 PM
Minute Entry for proceedings held before Judge Douglas R. Cole: Preliminary Pretrial Conference by telephone held on 4/5/22. Briana Morris appeared for Plaintiff; Ian Smith appeared for Defendant. Matters discussed. The parties requested to participate in mediation with the Magistrate Judge. Calendar Order and Order Referring Case to Mediation to issue. (sct) |
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| Wednesday, March 09, 2022 | ||
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4
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misc
Rule 26(f) Report
Wed 03/09 2:47 PM
RULE 26(f) REPORT of the Parties by Defendant Lakota Local School Board. (Smith, Ian) |
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| 11 | 11
notice
Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
Wed 03/09 2:37 PM
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket10 Rule 26(f) Report filed by Lakota Local School Board., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket10 Rule 26(f) Report filed by Lakota Local School Board. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/10/2022. (bjc) |
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| 10 | 10
misc
Rule 26(f) Report
Wed 03/09 10:51 AM
RULE 26(f) REPORT of the Parties by Defendant Lakota Local School Board. (Smith, Ian) |
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| Friday, January 28, 2022 | ||
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order
Order on Motion for Judgment on the Pleadings
Fri 01/28 2:42 PM
NOTATION ORDER: The Court re-characterizes the "notice of voluntary dismissal" (Doc. 9) as a motion to sever claims pursuant to Federal Rule of Civil Procedure 21, GRANTS that motion, and ORDERS that Count II of the Complaint shall be severed from this case and DISMISSED WITH PREJUDICE. Defendant's Partial Motion for Judgment on the Pleadings (Doc. 8) is DENIED AS MOOT as it requests dismissal of Count II of the Complaint. SO ORDERED. Signed by Judge Douglas R. Cole on 1/28/22. (sct) |
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| Thursday, January 20, 2022 | ||
| 9 | 9
notice
Notice of Voluntary Dismissal
Thu 01/20 3:33 PM
NOTICE of Voluntary Dismissal by Plaintiff Brian Oswald (Morris, Briana) |
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| Thursday, January 06, 2022 | ||
| 8 | 8
motion
Judgment on the Pleadings
Thu 01/06 11:14 AM
MOTION for Judgment on the Pleadings Partial Motion for Judgment on the Pleadings by Defendant Lakota Local School Board. (Smith, Ian) |
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| Tuesday, January 04, 2022 | ||
| 7 | 7
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answer
Answer to Complaint
Tue 01/04 9:49 AM
DEFENDANT'S ANSWER to1 Complaint, with Jury Demand filed by Lakota Local School Board. (Smith, Ian) |
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| Friday, November 12, 2021 | ||
| 6 | 6
misc
Corporate Disclosure Statement
Fri 11/12 1:27 PM
Corporate Disclosure Statement by Defendant Lakota Local School Board. (Smith, Ian) |
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| 5 | 5
notice
Notice of Appearance
Fri 11/12 1:25 PM
NOTICE of Appearance by Ian R. Smith for Defendant Lakota Local School Board (Smith, Ian) |
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| 4 | 4
notice
Notice of Appearance
Fri 11/12 1:24 PM
NOTICE of Appearance by Ralph Gary Winters for Defendant Lakota Local School Board (Winters, Ralph) |
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| Friday, November 05, 2021 | ||
| 3 | 3
service
Waiver of Service Executed
Fri 11/05 12:25 PM
WAIVER OF SERVICE Returned Executed. Waiver sent to Lakota Local School Board on 11/5/2021, answer due 1/4/2022. (Morris, Briana) |
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| Tuesday, October 26, 2021 | ||
| 2 | 2
service
Summons Issued
Tue 10/26 11:19 AM
Summons Issued as to Lakota Local School Board. (eh) |
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misc
Docket Annotation
Tue 10/26 11:15 AM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh) |
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| Monday, October 25, 2021 | ||
| 1 | 1
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cmp
Complaint
Mon 10/25 4:07 PM
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: BOHSDC-8557602), filed by Brian Oswald. (Morris, Briana) |
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Att: 1
Civil Cover Sheet,
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Att: 2
2 pgs
Exhibit,
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Att: 3
Summons Form
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