True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's dismissal re 41 Notice of Appeal (USCA# 16-4345). Date issued as mandate 8/17/18, Costs: None (H,SP)
Notice of Substitution of Counsel removing attorney Adam Grogg and adding attorney Kari E. D'Ottavio filed by on behalf of All Defendants. (D'Ottavio, Kari)
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 39 Memorandum of Opinion and Order and 40 Judgment Entry of 11/30/16, filed by New Boe Child, New Boe Parent, 9738282, F59741D, AC8E6CE, New Coe Child, New Coe Parent, New Doe Child #1, New Doe Child #2, New Doe Parent, 883844F, New Hoe Child #1, New Hoe Child #2, New Hoe Parent #1, New Hoe Parent #2, A8EAD09, C474C78, CEB0CE3, C6BFB92, EE1D7FD, 0BC2549, 68FF839, F23367DA, F23367D, E10F0AA, A0782C3, 5117A99, Michigan Atheists, 823352E, EF55A25, Northern Ohio Freethought Society, B9C6376, New Poe Child, New Poe Parent, New Roe Child #1, New Roe Child #2, New Roe Parent, 990678C, DE1C0B9, 43F04E6, 2520CCF, D80C254, 76DCC4B. (Filing fee $505 paid, receipt number 0647-7921172) (Newdow, Michael). Modified text on 12/1/2016 (H,SP).
Judgment Entry This Court, having filed its Memorandum of Opinion and Order, hereby dismisses the Amended Complaint (ECF No. 8 ). This Judgment Entry constitutes entry of judgment pursuant to Fed. R. Civ. P. 58. Final. Judge Benita Y. Pearson on 11/30/2016. (JLG)
Memorandum of Opinion and Order For the reasons set forth herein, Defendants' Motion to Dismiss, ECF No. 9 , is granted. Judge Benita Y. Pearson on 11/30/2016. (JLG)
Opposition to 24 Motion for leave to file a brief as Amici Curiae in support of Defendants Motion to Dismiss pursuant to ECF No. 34 filed by All Plaintiffs. (Attachments: # 1 Exhibit A Am Council for the Blind v. Lew Supplemental Status Report)(Newdow, Michael) Modified exhibit description on 8/18/2016 (H,SN).
Order [non-document] granting 31 Motion to Amend (Replace) Plaintiffs' Opposition to Defendants' Motion to Dismiss. Leave was given as mentioned in ECF No. 36 . Judge Benita Y. Pearson on 7/12/2016. (JLG)
Opposition to 9 Motion to dismiss for failure to state a claim - re-captioned (and filed with leave of the Court) - filed by All Plaintiffs. (Newdow, Michael)
Order granting 24 Motion for leave to file a brief as Amici Curiae in support of Defendants' Motion to Dismiss filed by Amicus Curiae American Center for Law and Justice. Plaintiffs may respond in a memorandum not exceeding 15 pages and submitted not later than 7/27/2016. Judge Benita Y. Pearson on 6/28/2016. (JLG)
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 6/27/2016. Present were Attorney Michael A. Newdow as counsel for Plaintiffs; and Attorneys Adam A. Grogg, Bailey W. Heaps, and David A. Ruiz as counsel for Defendants. The Court revisited the parties' request to continue the time in which to file an answer. Defendants do not need to file an answer until after the Court has ruled on the pending Motion to Dismiss. The Court will also delay issuing a Case Management Conference Plan/Order until after the ruling on the Motion to Dismiss. In a separate Order, the Court will grant 24 Motion for Leave to File a Brief as Amici Curiae filed by Amicus Curiae American Center for Law and Justice, and set a briefing schedule for Plaintiffs' response. (Court Reporter: None); Time: 30 Minutes. (JLG)
Attorney Appearance by David Augustin Ruiz filed by on behalf of U.S. Bureau of Engraving and Printing, U.S. Department of Treasury, U.S. Mint, United States of America. (Ruiz, David)
Attorney Appearance by Lisa Hammond Johnson filed by on behalf of U.S. Bureau of Engraving and Printing, U.S. Department of Treasury, U.S. Mint, United States of America. (Johnson, Lisa)
Motion to amend (replace) Plaintiffs' opposition to Defendants' motion to dismiss filed by All Plaintiffs. Related document(s) 30 . (Attachments: # 1Proposed Opposition to Defendants' Motion to Dismiss)(Newdow, Michael) Modified event and text on 6/28/2016 (S,L). Attorney Newdow advises that page 26 of 31 -1 was included in this filing in error. Modified text on 6/29/2016 (JLG).
Order denying 28 Motion for Extension of Time to Answer Amended Complaint. Defendants' answer is due within 21 days of this Order. Judge Benita Y. Pearson on 6/15/2016. (JLG)
Consent Motion for extension of time until an additional 60 days to answer amended complaint filed by Congress of the United States of America, U.S. Bureau of Engraving and Printing, U.S. Department of Treasury, U.S. Mint, United States of America. (Grogg, Adam)
Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Grogg, Adam)
Order granting Motions for Appearance Pro Hac Vice by Attorneys Jay Alan Sekulow, Laura B. Hernandez and Cecilia Noland-Heil for Amicus Curiae American Center for Law and Justice. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 21 , 22 , 23 ). Judge Benita Y. Pearson on 6/13/2016. (JLG)
Order [non-document] granting 25 Motion for Extension of Time to File Opposition to Motion to Dismiss until 6/15/2016. Judge Benita Y. Pearson on 6/13/2016. (JLG)
Motion for extension of time until 6/15/2016 to file Opposition to Motion to Dismiss by New Boe Child, New Boe Parent, 9738282, F59741D, AC8E6CE, New Coe Child, New Coe Parent, New Doe Child #1, New Doe Child #2, New Doe Parent, 883844F, New Hoe Child #1, New Hoe Child #2, New Hoe Parent #1, New Hoe Parent #2, A8EAD09, C474C78, CEB0CE3, C6BFB92, EE1D7FD, 0BC2549, 68FF839, F23367DA, F23367D, E10F0AA, A0782C3, 5117A99, Michigan Atheists, 823352E, EF55A25, Northern Ohio Freethought Society, B9C6376, New Poe Child, New Poe Parent, New Roe Child #1, New Roe Child #2, New Roe Parent, 990678C, DE1C0B9, 43F04E6, 2520CCF, D80C254, 76DCC4B. Related document(s) 9 . (Newdow, Michael)
Motion for leave to file a brief as Amici Curiae in support of Defendants Motion to Dismiss filed by Amicus Curiae American Center for Law and Justice. (McLaughlin, Patrick)
Motion for attorney Cecilia Noland-Heil to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7665824, filed by Amicus Curiae American Center for Law and Justice. (Attachments: # 1 Declaration, # 2 Affidavit)(McLaughlin, Patrick) Modified exhibit text on 6/13/2016 (G,CA).
Motion for attorney Laura B. Hernandez to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7665816, filed by Amicus Curiae American Center for Law and Justice. (Attachments: # 1 Declaration, # 2 Affidavit)(McLaughlin, Patrick) Modified exhibit text on 6/13/2016 (G,CA).
Motion for attorney Jay Alan Sekulow to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7665751, filed by Amicus Curiae American Center for Law and Justice. (Attachments: # 1 Declaration, # 2 Affidavit)(McLaughlin, Patrick) Modified exhibit text on 6/13/2016 (G,CA).
Order [non-document ] denying 18 Joint Motion to Continue Telephonic Case Management Conference and Related Deadlines. The Telephonic Case Management Conference set for 6/27/2016 at 1:30 p.m. shall be limited to attorneys only. Counsel for Plaintiffs shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. Judge Benita Y. Pearson on 6/2/2016. (JLG)
FILING ERROR per Attorney Newdow 6/1/2016 Motion for extension of Filing of Plaintiffs' Response to Defendants' Motion to Dismiss until 06/13/2016 filed by New Boe Child, New Boe Parent, 9738282, F59741D, AC8E6CE, New Coe Child, New Coe Parent, New Doe Child #1, New Doe Child #2, New Doe Parent, 883844F, New Hoe Child #1, New Hoe Child #2, New Hoe Parent #1, New Hoe Parent #2, A8EAD09, C474C78, CEB0CE3, C6BFB92, EE1D7FD, 0BC2549, 68FF839, FA9FCFA, F23367D, E10F0AA, A0782C3, 5117A99, Michigan Atheists, 823352E, EF55A25, Northern Ohio Freethought Society, B9C6376, New Poe Child, New Poe Parent, New Roe Child #1, New Roe Child #2, New Roe Parent, 990678C, DE1C0B9, 43F04E6, 2520CCF, D80C254, 76DCC4B. Related document(s) 9 . (Newdow, Michael) Modified text and termed motion event on 6/1/2016 (JLG).
Joint Motion to continue Telephonic Case Management Conference and Related Deadlines filed by Congress of the United States of America, U.S. Bureau of Engraving and Printing, U.S. Department of Treasury, U.S. Mint, United States of America. Related document(s) 14 . (Grogg, Adam)
Order granting 11 Motion for Leave to File Brief of The American Legion as Amicus Curiae. Plaintiffs may respond in a memorandum not exceeding 15 pages and submitted not later than 6/16/2016. Judge Benita Y. Pearson on 5/23/2016. (JLG)
Marginal Order approving 10 Stipulated Notice of Dismissal as to Defendant Congress of the United States of America. Judge Benita Y. Pearson on 5/23/2016. (JLG)
Order granting Motions for Appearance Pro Hac Vice by Attorneys Justin E. Butterfield and Kelly J. Shackelford for Amicus Curiae The American Legion. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 12 , 13 . Judge Benita Y. Pearson on 5/23/2016. (JLG)
Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 6/27/2016 at 1:30 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. Judge Benita Y. Pearson on 5/23/2016. (Attachments: # 1 Attachment No. 1, # 2 Attachment No. 2, # 3 Attachment No. 3, # 4 Attachment No. 4) (JLG)
Motion for attorney Kelly J. Shackelford to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7624404, filed by Amicus Curiae The American Legion. (Tryon, David)
Motion for attorney Justin E. Butterfield to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7624385, filed by Amicus Curiae The American Legion. (Tryon, David)
Motion for leave to File Brief of The American Legion as Amicus Curiae in Support of Defendants Motion to Dismiss filed by Amicus Curiae The American Legion. Related document(s) 9 . (Tryon, David)
Motion to dismiss for failure to state a claim filed by Congress of the United States of America, U.S. Bureau of Engraving and Printing, U.S. Department of Treasury, U.S. Mint, United States of America. (Grogg, Adam)
Order granting Motion for Appearance Pro Hac Vice by Attorney Michael A. Newdow for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 5 ). Judge Benita Y. Pearson on 1/20/2016. (JLG)
Motion for attorney Michael A. Newdow to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7432711, filed by New Boe Child, New Boe Parent, 9738282, F59741D, AC8E6CE, New Coe Child, New Coe Parent, New Doe Child #1, New Doe Child #2, New Doe Parent, 883844F, New Hoe Child #1, New Hoe Child #2, New Hoe Parent #1, New Hoe Parent #2, A8EAD09, C474C78, CEB0CE3, C6BFB92, EE1D7FD, 0BC2549, 68FF839, F23367DA, F23367D, E10F0AA, A0782C3, 5117A99, Michigan Atheists, 823352E, EF55A25, Northern Ohio Freethought Society, B9C6376, New Poe Child, New Poe Parent, New Roe Child #1, New Roe Child #2, New Roe Parent, 990678C, DE1C0B9, 43F04E6, 2520CCF, D80C254, 76DCC4B. (Horwitz, 76DCC4B) Modified on 1/12/2016. Attachments: Declaration & Certificate of Good Standing (G,CA).
Praecipe for issuance of Original Summons to US Attorney General. filed by All Plaintiffs. Related document(s) 1 ,. (Attachments: # 1 Summons to US Attorney General)(Horwitz, 76DCC4B)
Remark by Clerk re Service Upon U.S. Government Defendant. If a U.S. Government agency or officer is sued, you must provide summons for that defendant, for the U.S. Attorney General (Department of Justice, Washington, D.C. 20044) and the U.S. Attorney for the Northern District of Ohio (801 West Superior Avenue, Suite 400, Cleveland, OH 44113-1852). (M,TL)
Original Summons and Magistrate Consent Form issued for service upon Congress of the United States of America, U.S. Bureau of Engraving and Printing, U.S. Department of Treasury, U.S. Mint, United States of America. (Attachments: # 1 Magistrate Consent Form) (M,TL)
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL)
Civil Cover Sheet and Summons to 1 Complaint filed by all Plaintiffs. (Attachments: # 1 Summons to Congress, # 2 Summons to US, # 3 Summons to Treasury, # 4 Summons to Mint, # 5 Summons to BEP)(Horwitz, 76DCC4B) Modified text on 1/12/2016 (M,TL).
Complaint against All Defendants. Filing fee paid $ 400, Receipt number 0647-7431283. Filed by DE1C0B9, 883844F, 823352E, New Poe Child, F23367D, C474C78, New Doe Child #2, New Doe Child #1, C6BFB92, 990678C, New Hoe Parent #2, B9C6376, 68FF839, 2520CCF, E10F0AA, CEB0CE3, New Hoe Child #2, 0BC2549, New Coe Parent, D80C254, 43F04E6, New Boe Child, F23367DA, Michigan Atheists, New Hoe Child #1, A8EAD09, 76DCC4B, New Roe Parent, F59741D, New Doe Parent, 5117A99, New Coe Child, AC8E6CE, New Boe Parent, New Hoe Parent #1, New Poe Parent, A0782C3, New Roe Child #1, EF55A25, 9738282, EE1D7FD, Northern Ohio Freethought Society, New Roe Child #2. (Attachments: # 1 Appendix Exhibits to Complaint) (Horwitz, 76DCC4B)
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