Name: Marianist Province of the United States v. City of Kirkwood :: Missouri Eastern District Court :: Federal Civil Lawsuit No. 4:17-cv-00805, Judge Ronnie L. White presiding
Creator: Missouri Eastern District Court
Published: 2017-03-01
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Missouri Eastern District Court

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118	Filed: 1/31/2020, Entered: 1/31/2020
	Bill of Costs Taxed in amount of $6,353.72 against Plaintiffs, Marianist Province of the United States and St. John Vianney High School, Inc. (TMT)
	Request

117	Filed: 1/31/2020, Entered: 1/31/2020
	MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Bill of Costs (ECF No. 104 ) is GRANTED, in part, and DENIED, in part. The Court awards Defendants their costs in the amount of $6,353.72. Signed by District Judge Ronnie L. White on 1/31/2020. (TMT)


116	Filed: 1/30/2020, Entered: 1/30/2020
	REPLY to Response to Motion re 104 MOTION for Bill of Costs filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

115	Filed: 1/29/2020, Entered: 1/29/2020
	RESPONSE in Opposition re 104 MOTION for Bill of Costs filed by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Perez, Sally)
	Request

	Filed: 1/22/2020, Entered: 1/22/2020
	***REMARK: Order 114 and Docket Sheet mailed to Circuit Court for St. Louis County. (BRP)


114	Filed: 1/15/2020, Entered: 1/15/2020
	ORDER: IT IS HEREBY ORDERED that Plaintiffs' claim under the Missouri Religious Freedom and Restoration Act, Mo. Rev. Stat. § 1.302.1 is REMANDED to the Circuit Court of St. Louis County. IT IS FURTHER ORDERED that Plaintiffs shall file any opposition to Defendants' Bill of Costs (ECF No. 104 ) no later than January 29, 2020 and Defendants shall file any reply in support of their Bill of Costs no later than February 12, 2020. Signed by District Judge Ronnie L. White on January 15, 2020. (BRP)
	Request

113	Filed: 1/3/2020, Entered: 1/3/2020
	MANDATE of USCA as to 105 Notice of Appeal filed by Marianist Province of the United States, St. John Vianney High School, Inc. USCA #:18-3076 - In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. Appeal is AFFIRMED IN PART, VACATED IN PART, AND REMANDED. (TMT)
	Request

112	Filed: 12/13/2019, Entered: 12/13/2019
	USCA JUDGMENT as to 105 Notice of Appeal filed by Marianist Province of the United States, St. John Vianney High School, Inc. (TMT)
	Request

111	Filed: 12/13/2019, Entered: 12/13/2019
	OPINION from USCA re 105 Notice of Appeal: USCA Appeal #: 18-3076 - AFFIRMED IN PART, VACATED IN PART, AND REMANDED (TMT)
	Request

110	Filed: 9/28/2018, Entered: 9/28/2018
	ORDER: IT IS HEREBY ORDERED that Plaintiffs' Unopposed Motion to Defer Court's Consideration of and Ruling on Defendants' Bill of Costs (ECF No. 107 ) is GRANTED, and the Court will defer its consideration of and ruling on the Defendants' Bill of Costs (ECF No. 104 ) until resolution of the appeal in this case. Signed by District Judge Ronnie L. White on September 28, 2018. (BRP)
	Request

109	Filed: 9/28/2018, Entered: 9/28/2018
	Briefing Schedule from USCA for 105 Notice of Appeal filed by Marianist Province of the United States, St. John Vianney High School, Inc. USCA Appeal Number: 18-3076 (See attached document for all other deadlines.)(BRP)
	Request

108	Filed: 9/28/2018, Entered: 9/28/2018
	MEMORANDUM in Support of Motion re 107 MOTION for Costs Unopposed Motion to Defer Ruling on Bill of Costs filed by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Sterett, Noel)
	Request

107	Filed: 9/28/2018, Entered: 9/28/2018
	MOTION for Costs Unopposed Motion to Defer Ruling on Bill of Costs by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Text of Proposed Order Exhibit A)(Sterett, Noel)
	Request

106	Filed: 9/26/2018, Entered: 9/26/2018
	NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 102 Memorandum & Order,, 103 Judgment - (Case),. Notice of Appeal filed on 9/25/18 by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(BAK)
	Request

105	Filed: 9/25/2018, Entered: 9/25/2018
	NOTICE OF APPEAL as to 102 Memorandum & Order,, 103 Judgment - (Case), by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. Filing fee $ 505, receipt number 0865-6774870.
	Request

104	Filed: 9/24/2018, Entered: 9/24/2018
	MOTION for Bill of Costs by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Hessel, John)
	Request

103	Filed: 9/7/2018, Entered: 9/7/2018
	JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED and DECREED that Plaintiffs' Motion for Partial Summary Judgment Pursuant to Fed. R.Civ. P. 56(C) (ECF No. 58 ) is DENIED and Defendants' Cross-Motion for Partial Summary Judgment (ECF No. 72 ) is GRANTED. The Court AFFIRMS the order and judgment of the Board of Adjustment denying the variance. Plaintiffs' claims are DISMISSED with prejudice. Signed by District Judge Ronnie L. White on September 7, 2018. (BRP)
	Request

102	Filed: 9/7/2018, Entered: 9/7/2018
	MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Partial Summary Judgment Pursuant to Fed. R.Civ. P. 56(C) (ECF No. 58 ) is DENIED. IT IS FURTHER ORDERED that Defendants' Cross-Motion for Partial Summary Judgment (ECF No. 72 ) is GRANTED. IT IS FINALLY ORDERED that the Court AFFIRMS the order and judgment of the Board of Adjustment denying the variance. An appropriate Judgment is filed herewith. Signed by District Judge Ronnie L. White on September 7, 2018. (BRP)
	Request

101	Filed: 6/11/2018, Entered: 6/11/2018
	ORDER : By the Court's own motion, IT IS HEREBY ORDERED that the July 9, 2018 trial date is VACATED. All associated deadlines are terminated. The Court will reset the trial date at a later date, if necessary. Signed by District Judge Ronnie L. White on 06/11/2018. (KCB)
	Request

100	Filed: 6/5/2018, Entered: 6/5/2018
	Docket Text ORDER: IT IS HEREBY ORDERED that Noel W. Sterett's Verified Motion for Admission Pro Hac Vice (ECF No. 99) is GRANTED. Signed by District Judge Ronnie L. White on 6/5/18. (JEB)


99	Filed: 6/5/2018, Entered: 6/5/2018
	MOTION for Leave to Appear Pro Hac Vice Noel Sterett. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6572120) by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Certificate of Good Standing)(Sterett, Noel)
	Request

98	Filed: 5/30/2018, Entered: 5/30/2018
	REPLY to Response to Motion re 94 MOTION to Strike 93 Reply to Response to Motion, filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

97	Filed: 5/29/2018, Entered: 5/29/2018
	RESPONSE to Motion re 94 MOTION to Strike 93 Reply to Response to Motion, filed by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Dalton, Daniel)
	Request

96	Filed: 5/23/2018, Entered: 5/23/2018
	Minute Entry for proceedings held before District Judge Ronnie L. White: In Chambers Conference held on 5/23/2018. (FTR Gold: No) (NEP)
	Request

95	Filed: 5/22/2018, Entered: 5/22/2018
	MEMORANDUM in Support of Motion re 94 MOTION to Strike 93 Reply to Response to Motion, filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

94	Filed: 5/22/2018, Entered: 5/22/2018
	MOTION to Strike 93 Reply to Response to Motion, by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

93	Filed: 5/21/2018, Entered: 5/21/2018
	REPLY to Response to Motion re 72 Cross MOTION for Summary Judgment filed by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Exhibit Jonathan Raiche Dep. Transcript p. 52-53)(Dalton, Daniel)
	Request

92	Filed: 5/7/2018, Entered: 5/7/2018
	RESPONSE to RESPONSE 83 to Statement of Material Facts re 74 Statement of Material Facts,,,, filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Attachments: # 1 Exhibit 49, # 2 Exhibit 50, # 3 Exhibit 51, # 4 Exhibit 52, # 5 Exhibit 53, # 6 Exhibit 54, # 7 Exhibit 55, # 8 Exhibit 56, # 9 Exhibit 57, # 10 Exhibit 58, # 11 Exhibit 59, # 12 Exhibit 60)(Hessel, John) Modified on 5/7/2018 (NEP).
	Request

91	Filed: 5/7/2018, Entered: 5/7/2018
	REPLY to Response to Motion re 72 Cross MOTION for Summary Judgment filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

90	Filed: 5/7/2018, Entered: 5/7/2018
	Docket Text ORDER: IT IS HEREBY ORDERED that Defendants' Unopposed Motion for Leave to Exceed Page Limit (ECF No. 89) is GRANTED. Signed by District Judge Ronnie L. White on 5/7/18. (JEB)


89	Filed: 5/7/2018, Entered: 5/7/2018
	MOTION for Leave to File in Excess of Page Limitation by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

88	Filed: 5/7/2018, Entered: 5/7/2018
	Docket Text ORDER: IT IS HEREBY ORDERED that this case is set for a status conference on May 23, 2018 at 3:30 p.m. in the chambers of the undersigned. Signed by District Judge Ronnie L. White on 5/7/18. (JEB)


87	Filed: 4/30/2018, Entered: 4/30/2018
	REPLY re 86 Memorandum, 69 Memorandum, Plaintiffs' Reply to Defendants' Memorandum in Opposition to Plaintiffs' Request for Certiorari Reversing Board of Adjustment's Variance Denial by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

86	Filed: 4/13/2018, Entered: 4/13/2018
	Memorandum, re 69 in Opposition to Pltf's Request for Certiorari by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

85	Filed: 4/13/2018, Entered: 4/13/2018
	Docket Text ORDER: IT IS HEREBY ORDERED that Defendants' Unopposed Motion for Leave to Exceed Page Limit (ECF No. 84) is GRANTED. Signed by District Judge Ronnie L. White on 4/13/18. (JEB)
	Request

84	Filed: 4/13/2018, Entered: 4/13/2018
	MOTION for Leave to File in Excess of Page Limitation by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

83	Filed: 4/6/2018, Entered: 4/6/2018
	RESPONSE to Statement of Material Facts re 74 Statement of Material Facts,,,, and Statement of Additional Facts filed by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Dalton, Daniel)
	Request

82	Filed: 4/6/2018, Entered: 4/6/2018
	RESPONSE in Opposition re 72 Cross MOTION for Summary Judgment filed by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Stock deposition, # 3 Exhibit Loyet deposition, # 4 Exhibit Bensing deposition, # 5 Exhibit Stych deposition, # 6 Exhibit Vianney application for light variance, June 2015, # 7 Exhibit Spencer deposition, # 8 Exhibit Schenck deposition, # 9 Exhibit Buening deposition, # 10 Exhibit City approves lighting email, # 11 Exhibit Purchase order for lights, # 12 Exhibit Vianney Photometric Plan, August 2015, # 13 Exhibit Building Permit with conditions, # 14 Exhibit DePhillips deposition, # 15 Exhibit Vainney September 2015 site and photometric plan, # 16 Exhibit Deprivation letter, # 17 Exhibit Additional limitation letter from the City, # 18 Exhibit Vianney site plan, # 19 Exhibit City denies site plan, # 20 Exhibit Vianney variance request, # 21 Exhibit City rejects variance request, # 22 Exhibit Vianney compliant light plan, # 23 Exhibit Cities punitive light ordinance, # 24 Exhibit Signs for Jesus complaint, # 25 Exhibit Natatorium hearing transcript, # 26 Exhibit Romay deposition, # 27 Exhibit Additional restrictions imposed by the City, # 28 Exhibit Schenck email to Kirkwood HS approving site plan without a public hearing)(Dalton, Daniel)
	Request

81	Filed: 3/29/2018, Entered: 3/29/2018
	Docket Text ORDER: ; Comes now the Court and, on its own motion, amends the previous Order entered this same day to read that Plaintiffs are granted up to and including April 6, 2018, within which to file a cross-motion for summary judgment on Count II. All other deadlines remain in full force and effect. SO ORDERED. Signed by District Judge Ronnie L. White on 3/2/9/2018. (AVM)


80	Filed: 3/29/2018, Entered: 3/29/2018
	Docket Text ORDER: ; IT IS HEREBY ORDERED that Plaintiffs' Unopposed Motion for An Extension of Time to File Their Reply in Support of Their Partial Motion for Summary Judgment and a Dispositive Motion [ECF No. 79] is GRANTED. Plaintiffs are granted up to and including April 6, 2018, within which to file a reply in support of their partial motion for summary judgment. Plaintiffs are also granted up to and including April 16, 2018, with which to file a cross-motion for summary judgment on Count II; Defendants are granted up to and including May 7, 2018, within which to file their response; Plaintiffs are granted up to and including May 21, 2018, within which to file their reply. No further extensions shall be granted. Signed by District Judge Ronnie L. White on 3/29/18. (AVM)


79	Filed: 3/28/2018, Entered: 3/28/2018
	MOTION for Extension of Time to File Response/Reply as to 58 MOTION for Partial Summary Judgment by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

78	Filed: 3/23/2018, Entered: 3/23/2018
	Docket Text ORDER: ; IT IS HEREBY ORDERED that Plaintiffs' Unopposed Motion for Leave to File a Memorandum in Excess of Fifteen Pages [ECF No. 77] is GRANTED. Signed by District Judge Ronnie L. White on 3/23/18. (AVM)


77	Filed: 3/22/2018, Entered: 3/22/2018
	Consent MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Dalton, Daniel)
	Request

76	Filed: 3/21/2018, Entered: 3/21/2018
	Docket Text ORDER: ; IT IS HEREBY ORDERED that Defendants' unopposed motion for leave to file a combined memorandum opposing Plaintiff's motion for summary judgment and supporting their cross-motion for summary judgment [ECF No. 71] is GRANTED. Signed by District Judge Ronnie L. White on 3/21/18. (AVM)


75	Filed: 3/15/2018, Entered: 3/15/2018
	RESPONSE to Statement of Material Facts re 58 Statement of Material Facts,,,, filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John) Modified on 3/16/2018 (BRP).
	Request

74	Filed: 3/15/2018, Entered: 3/15/2018
	STATEMENT of Material Facts re 72 Cross MOTION for Summary Judgment filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48)(Hessel, John)
	Request

73	Filed: 3/15/2018, Entered: 3/15/2018
	MEMORANDUM in Opposition re 58 MOTION for Partial Summary Judgment and in Support of 72 Defendants' Cross-Motion for Partial Summary Judgment filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

72	Filed: 3/15/2018, Entered: 3/15/2018
	Cross MOTION for Summary Judgment by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Hessel, John)
	Request

	Filed: 3/15/2018, Entered: 3/15/2018
	***REMARK : re 68 & 69 The use of an attorney's electronic filing login and password to file a pleading, motion, memorandum or other document constitutes the signature of that attorney on that document for all purposes, including Fed.R.Civ.P. 11. (See Local Rule 11-2.11 located on the court website.) (KCB)


71	Filed: 3/15/2018, Entered: 3/15/2018
	MOTION for Leave to File in Excess of Page Limitation by Defendant City of Kirkwood. (Hessel, John)
	Request

70	Filed: 3/15/2018, Entered: 3/15/2018
	Docket Text ORDER: ; IT IS HEREBY ORDERED that the unopposed motion of Plaintiffs to file their Memorandum in Support of Certiorari Reversing Board of Ajdustment's Variance Denial in excess of fifteen pages [ECF No. 68] is GRANTED. Signed by District Judge Ronnie L. White on 3/15/18. (AVM)


69	Filed: 3/14/2018, Entered: 3/14/2018
	MEMORANDUM in Support of Certiorari Reversing Board of Adjustment's Variance Denial per Count I of Plaintiffs' First Amended Verified Complaint by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

68	Filed: 3/14/2018, Entered: 3/14/2018
	Consent MOTION for Leave to File a Memorandum in Excess of Fifteen Pages by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

67	Filed: 1/30/2018, Entered: 1/30/2018
	ENTRY of Appearance by Sally Maureen Sinclair for Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Sinclair, Sally)
	Request

66	Filed: 12/28/2017, Entered: 12/28/2017
	Docket Text ORDER: ; Comes now the Court and adopts the revised deadlines set forth in the Parties' Amended Joint Proposed Scheduling Plan with the following exception: the case is set for a jury trial the week beginning July 9, 2018. SO ORDERED. Signed by District Judge Ronnie L. White on 12/28/17. (AVM)


65	Filed: 12/21/2017, Entered: 12/21/2017
	JOINT SCHEDULING PLAN by Plaintiff Marianist Province of the United States. . (Stephens, Michael)
	Request

64	Filed: 12/19/2017, Entered: 12/19/2017
	ADR COMPLIANCE REPORT by Neutral: Sher, Richard P.. Date of Conference: October 19, 2017. The parties participated in good faith. The parties did not achieve a settlement.(Sher, Richard)
	Request

63	Filed: 12/18/2017, Entered: 12/18/2017
	ENTRY of Appearance by Joseph E. Martineau for Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Martineau, Joseph)
	Request

62	Filed: 10/25/2017, Entered: 10/25/2017
	Docket Text ORDER: IT IS HEREBY ORDERED that the Joint Motion to Extend Alternative Dispute Resolution, to Vacate and Amend the Case Management Order, and to Stay (ECF no. 61) is GRANTED. The parties shall complete ADR no later than December 19, 2017. The parties shall file an ADR report and, if necessary, a joint proposed scheduling plan no later than December 21, 2017. Signed by District Judge Ronnie L. White on 10/25/17. (JEB)


61	Filed: 10/25/2017, Entered: 10/25/2017
	Joint MOTION for Extension of: ADR, to Vacate and Amend the Case Management Order, and to Stay by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

60	Filed: 10/20/2017, Entered: 10/20/2017
	Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Consent Motion for Leave to File a Memorandum in Excess of Fifteen Pages (ECF No. 59) is GRANTED. Signed by District Judge Ronnie L. White on 10/20/17. (JEB)


59	Filed: 10/19/2017, Entered: 10/19/2017
	Consent MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

58	Filed: 10/16/2017, Entered: 10/16/2017
	MOTION for Partial Summary Judgment by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Plaintiffs Memorandum in Support of their Motion for Partial Summary Judgment, # 2 Plaintiffs' Statement of Uncontroverted Material Facts, # 3 Index of Exhibits for Statement of Facts, # 4 Statement of Facts Exhibit 1, # 5 Statement of Facts Exhibit 2, # 6 Statement of Facts Exhibit 3, # 7 Statement of Facts Exhibit 4, # 8 Statement of Facts Exhibit 5, # 9 Statement of Facts Exhibit 6, # 10 Statement of Facts Exhibit 7, # 11 Statement of Facts Exhibit 8, # 12 Statement of Facts Exhibit 9, # 13 Statement of Facts Exhibit 10, # 14 Statement of Facts Exhibit 11, # 15 Statement of Facts Exhibit 12, # 16 Statement of Facts Exhibit 13, # 17 Statement of Facts Exhibit 14, # 18 Statement of Facts Exhibit 15, # 19 Statement of Facts Exhibit 16, # 20 Statement of Facts Exhibit 17, # 21 Statement of Facts Exhibit 18, # 22 Statement of Facts Exhibit 19, # 23 Statement of Facts Exhibit 20, # 24 Statement of Facts Exhibit 21, # 25 Statement of Facts Exhibit 22, # 26 Statement of Facts Exhibit 23, # 27 Statement of Facts Exhibit 24, # 28 Statement of Facts Exhibit 25, # 29 Statement of Facts Exhibit 26, # 30 Statement of Facts Exhibit 27, # 31 Statement of Facts Exhibit 28, # 32 Statement of Facts Exhibit 29, # 33 Statement of Facts Exhibit 30)(Stephens, Michael)
	Request

57	Filed: 9/28/2017, Entered: 9/28/2017
	NOTICE of Appointment of Neutral. Neutral name: Sher, Richard P. Neutral selected by parties. (cc: Neutral)(KCB)
	Request

56	Filed: 9/25/2017, Entered: 9/25/2017
	Docket Text ORDER: IT IS HEREBY ORDERED that the parties' Joint Motion for an Extension of Time to Conclude ADR Conference(s) (ECF No. 55) is GRANTED. The parties shall complete their ADR referral no later than October 19, 2017. Signed by District Judge Ronnie L. White on 9/25/17. (JEB)


55	Filed: 9/25/2017, Entered: 9/25/2017
	Joint MOTION for Extension of: Time to Conclude ADR Conference(s) by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

54	Filed: 9/25/2017, Entered: 9/25/2017
	Designation of Neutral by parties and ADR Conference Report by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc. Neutral: Sher, Richard P. Date of Conference: October 19, 2017 time: 9:00 a.m. Location: Sher Corwin Winters LLC(Stephens, Michael)
	Request

	Filed: 9/18/2017, Entered: 9/18/2017
	***REMARK re 53 : Pursuant to Rule 26 - 3.02; In civil actions, discovery and disclosure materials pursuant to Fed.R.Civ.P. 26, 30, 31, 33, 34, 35, and 36, and the certificates of their service, shall not be filed with the Court except as exhibits to a motion or memorandum. (See Local Rule 26-3.02 located on the court website.) (KCB)


53	Filed: 9/15/2017, Entered: 9/15/2017
	Disclosure of Expert Witness Name(s): Justin Van Soelen, Todd Stych, Nikki Mahn, Dan Bader by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

52	Filed: 8/22/2017, Entered: 8/22/2017
	ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Stephen L. Kling Jr. ADR Completion Deadline due by 10/16/2017. ADR Compliance Report Deadline due by 10/30/2017. Designation of Neutral/Conference Report due by 9/25/2017. Signed by District Judge Ronnie L. White on August 22, 2017. (BRP)
	Request

51	Filed: 6/21/2017, Entered: 6/21/2017
	Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for an Extension fo Time to Answer or Otherwise Respond to Discovery [ECF No. 50] is GRANTED until July 17, 2017. Signed by District Judge Ronnie L. White on 6/21/17. (JEB)
	Request

50	Filed: 6/21/2017, Entered: 6/21/2017
	MOTION for Extension of: Time to Respond to Defendants' Discovery Requests by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

49	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Howard's Exhibit Z -Part 3, # 2 Exhibit Howard's Exhibit Z - Part 4, # 3 Exhibit Howard's Exhibit Z - Part 5)(Hessel, John)
	Request

48	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Howard's Exhibit Z - Part 1, # 2 Exhibit Howard's Exhibit Z - Part 2)(Hessel, John)
	Request

47	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Howard Exhibits V - X, # 2 Exhibit Howard Exhibit Y)(Hessel, John)
	Request

46	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Howard Exhibits O - P, # 2 Exhibit Howard Exhibits Q - U)(Hessel, John)
	Request

45	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Howard Exhibits A - F, # 2 Exhibit Howard Exhibits G - N)(Hessel, John)
	Request

44	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Applicant's Exhibit 70 - Part 7, # 2 Exhibit Applicant's Exhibit 70 - Part 8, # 3 Exhibit Applicant's Exhibit 70 - Part 9)(Hessel, John)
	Request

43	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Applicant's Exhibit 70 - Part 3, # 2 Exhibit Applicant's Exhibit 70 - Part 4, # 3 Exhibit Applicant's Exhibit 70 - Part 5, # 4 Exhibit Applicant's Exhibit 70 - Part 6)(Hessel, John)
	Request

42	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Applican'ts Exhibits 58 - 69, # 2 Exhibit Applican't s Exhibit 70 - Part 1, # 3 Exhibit Applicant's Exhibit 70 - Part 2)(Hessel, John)
	Request

41	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Applicant's Exhibits 47 - 51, # 2 Exhibit Applicant's Exhibits 52 - 57)(Hessel, John)
	Request

40	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Applicant's Exhibit 46 - Part 1, # 2 Exhibit Applicant's Exhibit 46 - Part 2)(Hessel, John)
	Request

39	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Applicant's Exhibits 36 - 45)(Hessel, John)
	Request

38	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Applicant's Exhibit 35)(Hessel, John)
	Request

37	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit Applicant's Exhibits 1 - 21, # 2 Exhibit Applicant's Exhibits 22 - 34)(Hessel, John)
	Request

36	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit City's Exhibits 27 - 29, # 2 Exhibit City's Exhibits 30-33, # 3 Exhibit City's Exhibits 34 - 35, # 4 Exhibit City's Exhibits 36 - 37)(Hessel, John)
	Request

35	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit City's Exhibit 26 - Part 1, # 2 Exhibit City's Exhibit 26 - Part 2)(Hessel, John)
	Request

34	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit City's Exhibits 21 - 24, # 2 Exhibit City's Exhibit 25)(Hessel, John)
	Request

33	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit City's Exhibit 20 - Part 3)(Hessel, John)
	Request

32	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit City's Exhibit 20 - Part 2)(Hessel, John)
	Request

31	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit City's Exhibit 20 - Part 1)(Hessel, John)
	Request

30	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit City's Exhibits 15 - 19)(Hessel, John)
	Request

29	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood re 28 Notice (Other), (Attachments: # 1 Exhibit City's Exhibits 1 - 14)(Hessel, John)
	Request

28	Filed: 5/30/2017, Entered: 5/30/2017
	NOTICE Return of Writ of Certiorari: by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood (Attachments: # 1 Exhibit Proceedings, 11-14-16 Transcript, # 2 Exhibit Proceedings, 11-28-16 Transcript, # 3 Exhibit Proceedings, 12-05-16 Transcript)(Hessel, John)
	Request

27	Filed: 5/26/2017, Entered: 5/26/2017
	ANSWER to 26 Amended Complaint,, by Board of Adjustment of the City of Kirkwood, City of Kirkwood.(Hessel, John)
	Request

26	Filed: 5/12/2017, Entered: 5/12/2017
	AMENDED COMPLAINT against defendant Board of Adjustment of the City of Kirkwood, City of Kirkwood Amendment to 5 Petition (Removal/Transfer), , filed by Marianist Province of the United States, St. John Vianney High School, Inc.. Related document: 5 Petition (Removal/Transfer), filed by Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Stephens, Michael)
	Request

25	Filed: 5/12/2017, Entered: 5/12/2017
	Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File First Amended Verified Complaint [ECF No. 23] is GRANTED. Plaintiffs shall file their First Amended Complaint as a new document with the Court. Signed by District Judge Ronnie L. White on 5/12/17. (JEB)
	Request

24	Filed: 5/12/2017, Entered: 5/12/2017
	MEMORANDUM in Support of Motion re 23 MOTION for Leave to File First Amended Verified Complaint filed by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

23	Filed: 5/12/2017, Entered: 5/12/2017
	MOTION for Leave to File First Amended Verified Complaint by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7, # 9 Exhibit A-8, # 10 Exhibit A-9, # 11 Exhibit A-10, # 12 Exhibit A-11, # 13 Exhibit A-12, # 14 Exhibit A-13, # 15 Exhibit A-14, # 16 Exhibit A-15, # 17 Exhibit A-16, # 18 Exhibit A-17)(Stephens, Michael)
	Request

	Filed: 4/18/2017, Entered: 4/18/2017
	***REMARK re 21 , 22 : Pursuant to Rule 26 - 3.02; In civil actions, discovery and disclosure materials pursuant to Fed.R.Civ.P. 26, 30, 31, 33, 34, 35, and 36, and the certificates of their service, shall not be filed with the Court except as exhibits to a motion or memorandum. (See Local Rule 26-3.02 located on the court website.) (KCB)


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22	Filed: 4/18/2017, Entered: 4/18/2017
	NOTICE Subpoena to Produce Documents, Information, or Objects: by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc. to Musco Sports Lighting, LLC (Attachments: # 1 Exhibit)(Stephens, Michael)
	Request

21	Filed: 4/18/2017, Entered: 4/18/2017
	NOTICE Subpoena to Produce Documents, Information, or Objects: by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc. to Custodian of Records of Kirkwood School District (Attachments: # 1 Exhibit)(Stephens, Michael)
	Request

20	Filed: 4/12/2017, Entered: 4/12/2017
	CASE MANAGEMENT ORDER This case is assigned to Track: 2 Motion to Join Parties due by 5/12/2017. Discovery Completion due by 11/15/2017. Non-Dispositive Motions due by 11/26/2017. ADR Future Reference 9/1/2017. Dispositive Motions due by 12/15/2017. Bench Trial set for 5/7/2018 09:00 AM in Courtroom 10S before District Judge Ronnie L. White. Pretrial Compliance due by 4/17/2018. Motion in Limine due by 4/27/2018. [SEE ORDER FOR COMPLETE DETAILS.]. Signed by District Judge Ronnie L. White on 4/12/2017. (NEB)
	Request

19	Filed: 4/12/2017, Entered: 4/12/2017
	Minute Entry for proceedings held before District Judge Ronnie L. White: Rule 16 Conference held on 4/12/2017. Conference held in person. CMO to issue.. (FTR Gold: No) (NEB)
	Request

18	Filed: 4/6/2017, Entered: 4/6/2017
	NOTICE Verification of Signed Original Document: by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc. re 14 Joint Scheduling Plan (Stephens, Michael)
	Request

17	Filed: 4/6/2017, Entered: 4/6/2017
	DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc... (Stephens, Michael)
	Request

16	Filed: 4/6/2017, Entered: 4/6/2017
	ENTRY of Appearance by Ronald E. Jenkins for Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Jenkins, Ronald)
	Request

15	Filed: 4/6/2017, Entered: 4/6/2017
	ENTRY of Appearance by Michael P. Stephens for Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Stephens, Michael)
	Request

14	Filed: 4/5/2017, Entered: 4/5/2017
	JOINT SCHEDULING PLAN by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. . (Jenkins, Ronald)
	Request

13	Filed: 4/5/2017, Entered: 4/5/2017
	MEMORANDUM Filing Joint Proposed Scheduling Plan by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Jenkins, Ronald)
	Request

12	Filed: 4/5/2017, Entered: 4/5/2017
	ENTRY of Appearance deleted. Filed in error. New Entries filed (Doc # 15 , & # 16 ) Modified on 4/7/2017 (KCB).
	Request

11	Filed: 4/5/2017, Entered: 4/5/2017
	ENTRY of Appearance by Sarah Anne Milunski for Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Milunski, Sarah)
	Request

10	Filed: 3/15/2017, Entered: 3/15/2017
	Docket Text ORDER: IT IS HEREBY ORDERED that Daniel Paul Dalton's Verified Motion for Admission Pro Hac Vice [ECF No. 9] is GRANTED. Signed by District Judge Ronnie L. White on 3/15/17. (JEB)
	Request

9	Filed: 3/15/2017, Entered: 3/15/2017
	MOTION for Leave to Appear Pro Hac Vice Daniel P. Dalton. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5860718) by Plaintiffs Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Certificate of Good Standing)(Dalton, Daniel)
	Request

8	Filed: 3/9/2017, Entered: 3/9/2017
	RULE 16 ORDER This case is assigned to Track: 2 Joint Scheduling Plan due by 4/5/2017. Rule 16 Conference set for 4/12/2017 11:00 AM in Chambers before District Judge Ronnie L. White. [SEE ORDER FOR COMPLETE DETAILS.]. Signed by District Judge Ronnie L. White on 3/9/2017. (NEB)
	Request

7	Filed: 3/8/2017, Entered: 3/8/2017
	ANSWER to Complaint by Board of Adjustment of the City of Kirkwood, City of Kirkwood.(Hessel, John)
	Request

6	Filed: 3/7/2017, Entered: 3/7/2017
	ENTRY of Appearance by Portia Celeste Kayser for Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Kayser, Portia)
	Request

	Filed: 3/1/2017, Entered: 3/1/2017
	Case Opening Notification: All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate (moed-0001.pdf). Judge Assigned: U.S. District Judge Ronnie L. White. (BAK)


5	Filed: 3/1/2017, Entered: 3/1/2017
	Petition (Removal/Transfer) Received From: Circuit Court, St. Louis County, Missouri, filed by Marianist Province of the United States, St. John Vianney High School, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(BAK)
	Request

4	Filed: 3/1/2017, Entered: 3/1/2017
	NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood Sent To: State Court - Executed (Attachments: # 1 Exhibit Notice to Clerk of Removal, # 2 Exhibit Receipt of Filing Notice to Clerk of Removal)(Hessel, John)
	Request

3	Filed: 3/1/2017, Entered: 3/1/2017
	DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant City of Kirkwood. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Hessel, John)
	Request

2	Filed: 3/1/2017, Entered: 3/1/2017
	NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Board of Adjustment of the City of Kirkwood, City of Kirkwood Sent To: Plaintiff (Hessel, John)
	Request

1	Filed: 3/1/2017, Entered: 3/1/2017
	NOTICE OF REMOVAL from Circuit Court of St. Louis County, case number 17SL-CC00078, with receipt number 0865-5835774, in the amount of $400 Jury Demand,, filed by Board of Adjustment of the City of Kirkwood, City of Kirkwood. (Attachments: # 1 Exhibit Circuit Court File, # 2 Civil Cover Sheet, # 3 Original Filing Form)(Hessel, John)
	Request

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