Doe No. 55, Jane v. Madison Metropolitan School District

Filing 104

Transmission of Notice of Appeal, Docketing Statement, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 102 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order No.: 92, # 3 Judgment No.: 93, # 4 Opinion and Order No.: 101, # 5 Docket Sheet) (lak)

APPEAL, CLOSED, JMM, PROTECTIVE_ORDER,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15-cv-00570-bbc

Doe No. 55, Jane v. Madison Metropolitan School District
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 20:1681 Title IX

Date Filed: 09/10/2015
Date Terminated: 11/16/2016
Jury Demand: Both
Nature of Suit: 448 Civil Rights: Education
Jurisdiction: Federal Question

Plaintiff
Jane Doe No. 55
By and through Jane Doe's Mother and Jane
Doe's Father

represented by Arick W Fudali
Herman Law
41 Madison Avenue
Suite 2532
New York, NY 10010
212-390-0100
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lee Gill Cohen
Herman Law
3351 NW Boca Raton Boulevard
Boca Raton, FL 33431
305-931-2200 x1655
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
Madison Metropolitan School District

represented by Peggy Ellen Van Horn
Law Offices of Thomas P. Stilp
11800 West Park Place
Ste. 210
PO Box 245023
Milwaukee, WI 53224-9523
414-577-4328
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Material Witness
John Doe 75

represented by Aaron Berndt
Borgelt, Powell, Peterson & Frauen, S.C.

1243 N. 10th Street, Suite 300
Milwaukee, WI 53205
414-287-9160
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
V.
Interested Party
Dane County Sheriff's Office

Date Filed

#

represented by Mary Kasparek
Dane County Corporation Counsel
[phone]
Email: [e-mail]
LEAD ATTORNEY

Docket Text

09/11/2015

1 COMPLAINT against Madison Metropolitan School District. ( Filing fee $ 400 receipt number
0758-1638773.), filed by Jane Doe No. 55. (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons) (Fudali, Arick) (Entered: 09/11/2015)

09/11/2015

Case randomly assigned to District Judge Barbara B. Crabb and Magistrate Judge Stephen L.
Crocker. (jat) (Entered: 09/11/2015)

09/11/2015

Standard attachments for Judge Barbara B. Crabb required to be served on all parties with
summons or waiver of service: NORTC, Corporate Disclosure Statement, Order on Dispositive
Motions. (jat) (Entered: 09/11/2015)

09/11/2015

2 Summons Issued as to Madison Metropolitan School District. (jat) (Entered: 09/11/2015)

09/23/2015

3 Affidavit of Service by Plaintiff. Madison Metropolitan School District served on 9/16/2015,
answer due 10/7/2015. (Fudali, Arick) (Entered: 09/23/2015)

09/29/2015

4 ANSWER with Jury Demand by Defendant Madison Metropolitan School District. (Van Horn,
Peggy) (Entered: 09/29/2015)

09/30/2015

10/22/2015
10/28/2015
10/30/2015

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 10/28/2015 at 01:30 PM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the
call to chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference
attached] (kwf) (Entered: 09/30/2015)
5 Joint Discovery Plan. (Van Horn, Peggy) (Entered: 10/22/2015)
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 10/28/2015 [:10] (cak) (Entered: 10/28/2015)
6 Pretrial Conference Order - Amendments to Pleadings due 12/11/2015. Dispositive Motions due
8/31/2016. Settlement Letters due 12/23/2016. Motions in Limine due 1/6/2017. Response to
Motions due 1/20/2017. Final Pretrial Conference set for 2/2/2017 at 04:00 PM. Jury Selection and
Trial set for 2/6/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
10/30/2015. (kwf) (Entered: 10/30/2015)

01/14/2016

7 Motion for Protective Order (Stipulation Protecting Confidential Information) by Defendant
Madison Metropolitan School District, (Attachments:
# 1 Text of Proposed Order) (Van Horn, Peggy) Modified on 1/15/2016. (lak) (Entered:
01/14/2016)

01/15/2016

8 ORDER Protecting Confidential Information. Signed by Magistrate Judge Stephen L. Crocker on
1/15/2016. (kwf) (Entered: 01/15/2016)

01/18/2016

9 Motion to Compel Dane County Sheriff Dept Records by Defendant Madison Metropolitan School
District. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 1/25/2016. (Van
Horn, Peggy) (Entered: 01/18/2016)

01/18/2016

10 Brief in Support of 9 Motion to Compel Dane County Sheriff Dept Records by Defendant Madison
Metropolitan School District. (Van Horn, Peggy) (Entered: 01/18/2016)

01/18/2016

11 Affidavit of Peggy E. Van Horn filed by Defendant Madison Metropolitan School District re: 9
Motion to Compel, (Attachments:
# 1 Exhibit A - Dane Co. Sheriff Dept Records,
# 2 Exhibit B - Letter from Dane Co. Sheriff Dept,
# 3 Exhibit C - Plaintiff's Rule 26(a)(1) Disclosures,
# 4 Exhibit D - Plaintiff's Response to Defendant's First Interrogatories/Request for Production of
Documents,
# 5 Exhibit E - Proposed Order Protecting Confidential Material from DCSO (Pages are numbered
13 and 14.) (Van Horn, Peggy) Modified on 1/19/2016. (lak) (Entered: 01/18/2016)

01/19/2016

Set Motion Hearing re: 9 Motion to Compel Dane County Sheriff Dept Records. Telephone Motion
Hearing set for 1/27/2016 at 3:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for
Defendant responsible for setting up the call to chambers at [phone]. (kwf) (Entered:
01/19/2016)

01/19/2016

12 ** TEXT ONLY ORDER **
On January 19, 2016, the court learned (from an inquiry that it initiated) that although defendant
filed its motion to compel discovery from third party Dane County Sheriff's Department on
January 18, 2016, defendant has not yet served its motion on the Sheriff's Department, but will
notify the court when it does. This approach is irrational and therefore unacceptable. The Sheriff's
Department (and the plaintiff, if she wishes) shall have seven calendar days to respond to
defendant's motion counting from the day on which defendant actually serves its motion on the
Sheriff's Department. For now, the January 27, 2016 telephonic motion hearing remains on the
calendar; the court will move it back a week if defendant does certify that it served its motion on
the Sheriff's Department by 4:30 p.m. today. Signed by Magistrate Judge Stephen L. Crocker on
1/19/2016. (kwf) (Entered: 01/19/2016)

01/19/2016

13 Notice by Defendant Madison Metropolitan School District re: 12 Text Only Order, 9 Motion to
Compel Dane County Sheriff Dept. Records. Dane County Sheriff's Dept. has been served. (Van
Horn, Peggy) Modified on 1/19/2016. (lak) (Entered: 01/19/2016)

01/20/2016

Reset Briefing Deadlines as to 9 Motion to Compel Dane County Sheriff Dept Records. Response
due 1/26/2016. (kwf) (Entered: 01/20/2016)

01/26/2016

Reset Motion Hearing re: 9 Motion to Compel Dane County Sheriff Dept Records. Telephone
Motion Hearing reset from 1/27/2016 to 1/28/2016 at 2:30 PM to accommodate the court's
calendar. Counsel for Defendant remains responsible for setting up the call to chambers at (608)
264-5153. (kwf) (Entered: 01/26/2016)

01/27/2016

14 Letter Providing Additional Information About the Records at Issue from Dane County Sheriff's
Office. (kwf) (Entered: 01/27/2016)

01/28/2016

15 ** TEXT ONLY ORDER **
At the unopposed request of defendant, it is ordered that defendant's brief, affidavit and
attachments (dkts. 10 and 11 ) in support of defendant's motion to compel (dkt. 9 ) are sealed.
Signed by Magistrate Judge Stephen L. Crocker on 1/28/2016. (kwf) (Entered: 01/28/2016)

01/28/2016

16 Protective Order. Signed by Magistrate Judge Stephen L. Crocker on 1/28/2016. (kwf) (Entered:
01/28/2016)

02/01/2016

17 Certificate of Service by Defendant Madison Metropolitan School District as to 16 Protective
Order. (Van Horn, Peggy) (Entered: 02/01/2016)

02/11/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Motion
Hearing held on 1/28/2016 re: 9 Motion to Compel Dane County Sheriff Dept Records filed by
Madison Metropolitan School District. [:30] (kwf) (Entered: 02/11/2016)

07/29/2016

18 Disregard. See 19 , 20 and 21 . Modified on 8/1/2016. (lak) (Entered: 07/29/2016)

08/01/2016

19 Witness List by Defendant Madison Metropolitan School District. (Van Horn, Peggy) (Entered:
08/01/2016)

08/01/2016

20 Expert Report of W. Scott Lewis, J.D. by Defendant Madison Metropolitan School District,
(Attachments:
# 1 Exhibit - CV) (Van Horn, Peggy) Modified on 8/1/2016. (lak) (Entered: 08/01/2016)

08/01/2016

21 Expert Report of David W. Thompson, Ph.D., ABPP by Defendant Madison Metropolitan School
District, (Attachments:
# 1 Exhibit - CV,
# 2 Addendum - Expert Testimony and Depositions) (Van Horn, Peggy) Modified on 8/1/2016.
(lak) (Entered: 08/01/2016)

08/02/2016

22 Notice of Appearance filed by Lee Gill Cohen for Plaintiff Jane Doe No. 55. (Cohen, Lee)
(Entered: 08/02/2016)

08/23/2016

23 Motion for Protective Order by Material Witness John Doe 75. (Berndt, Aaron) (Entered:
08/23/2016)

08/23/2016

24 Brief in Support of 23 Motion for Protective Order by Material Witness John Doe 75. (Berndt,
Aaron) (Entered: 08/23/2016)

08/23/2016

25 Affidavit of Aaron R. Berndt filed by Material Witness John Doe 75 re: 23 Motion for Protective
Order. (Berndt, Aaron) (Entered: 08/23/2016)

08/24/2016

Set Briefing Deadlines as to 23 Motion for Protective Order. Response due 8/30/2016. (kwf/slc)
(Entered: 08/24/2016)

08/25/2016

26 Response Stating No Opposition re: 23 Motion for Protective Order, by Defendant Madison
Metropolitan School District. (Van Horn, Peggy) Modified on 8/25/2016: Corrected docketing
event; linked to the pending motion. (lak) (Entered: 08/25/2016)

08/25/2016

27 Notice by Defendant Madison Metropolitan School District re: Filing Motion to Seal Documents
re: Motion for Summary Judgment. (Van Horn, Peggy) Modified on 8/25/2016. (lak) (Entered:
08/25/2016)

08/25/2016

28 Motion to Seal Document for Purposes of Summary Judgment by Defendant Madison
Metropolitan School District. Motions referred to Magistrate Judge Stephen L. Crocker. (Van
Horn, Peggy) (Entered: 08/25/2016)

08/25/2016

29 Affidavit of Peggy E. Van Horn filed by Defendant Madison Metropolitan School District re: 28
Motion to Seal Document. (Van Horn, Peggy) (Entered: 08/25/2016)

08/25/2016

30 MOTION FOR SUMMARY JUDGMENT (Sealed Document) by Defendant Madison
Metropolitan School District. Brief in Opposition due 9/15/2016. Brief in Reply due 9/26/2016.
(Van Horn, Peggy) (Entered: 08/25/2016)

08/25/2016

31 Proposed Findings of Fact filed by Defendant Madison Metropolitan School District re: 30 Motion
for Summary Judgment. (Sealed Document) (Van Horn, Peggy) (Entered: 08/25/2016)

08/25/2016

32 Affidavit of Peggy E. Van Horn filed by Defendant Madison Metropolitan School District re: 30
Motion for Summary Judgment, (Sealed Document) (Attachments:
# 1 Exhibit A - Deposition Transcript of Jane Doe 55,
# 2 Exhibit B - Deposition Transcript of Jane Doe Mother,
# 3 Exhibit C - Email Exchange,
# 4 Exhibit D - Text between Mother Doe and friend,
# 5 Exhibit E - Email from Mother Doe,
# 6 Exhibit F - Email from Mother Doe,
# 7 Exhibit G - Deposition Transcript of McAuliffe,
# 8 Exhibit H - Deposition Transcript of Brooke Gritt,
# 9 Exhibit I - Emails from 4/23/13 to 5/7/13,
# 10 Exhibit J - Email from Dane County Sheriff Dept,
# 11 Exhibit K - Deposition Transcript of Warnecke,
# 12 Exhibit L - Principal Notes,
# 13 Exhibit M - Deposition Transcript of Ptak,
# 14 Exhibit N - Email from McAuliffe,
# 15 Exhibit O - Jane Doe's Med Records from Group Health-East Clinic,
# 16 Exhibit P - Deposition Transcript of Jamie Duckert,
# 17 Exhibit Q - Deposition Transcript of Cullen,
# 18 Exhibit R - Deposition Transcript of Mangano) (Van Horn, Peggy) Modified on 8/25/2016:
Clarified exhibit descriptions. All depositions to be filed as separate docket entries. (lak) (Entered:
08/25/2016)

08/25/2016

33 Affidavit of Luis Yudice filed by Defendant Madison Metropolitan School District re: 30 Motion
for Summary Judgment, (Sealed Document) (Attachments:
# 1 Exhibit 1 - 5/27/98 Inter-Department Correspondence,
# 2 Exhibit 2 - 6/12/98 Inter-Department Correspondence) (Van Horn, Peggy) Modified on
8/25/2016. (lak) (Entered: 08/25/2016)

08/25/2016

34 Brief in Support of 30 Motion for Summary Judgment by Defendant Madison Metropolitan School
District. (Sealed Document) (Van Horn, Peggy) (Entered: 08/25/2016)

08/25/2016

35 Deposition of Jane Doe 55 taken on June 21, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

36 Deposition of Jane Doe's Mother taken on June 21, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

37 Deposition of Mary McAuliffe taken on June 28, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

38 Deposition of Brooke Gritt taken on June 29, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

39 Deposition of Tracy Warnecke taken on June 29, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

40 Deposition of Deborah Ptak taken on July 26, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

41 Deposition of Jamie Duckert taken on August 2, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

42 Deposition of Tuyet Cullen taken on August 9, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

43 Deposition of Kirsten Mangano taken on August 9, 2016. (Sealed Document) (Van Horn, Peggy)
(Entered: 08/25/2016)

08/25/2016

44 ** TEXT ONLY ORDER **
ORDER granting 28 Motion to Seal Document for Purposes of Summary Judgment. Signed by
Magistrate Judge Stephen L. Crocker on 8/25/2016. (kwf) (Entered: 08/25/2016)

08/26/2016

45 ** TEXT ONLY ORDER **
ORDER granting 23 Motion for Protective Order. Signed by Magistrate Judge Stephen L. Crocker
on 8/26/16. (jat) (Entered: 08/26/2016)

08/29/2016

46 Motion for Reconsideration of Non-Party John Doe No. 75's Motion for Protective Order, and in
the Alternative, Motion for Clarification, and Incorporated Memorandum of Law by Plaintiff Jane
Doe No. 55. Response due 9/6/2016. (Cohen, Lee) Modified on 8/30/2016. (lak) (Entered:
08/29/2016)

08/30/2016

47 Brief in Opposition by Material Witness John Doe 75 re: 46 Motion for Reconsideration, filed by
Jane Doe No. 55. (Berndt, Aaron) (Entered: 08/30/2016)

09/01/2016

48 Joint Stipulation Regarding Evidence by Plaintiff Jane Doe No. 55. (Cohen, Lee) Modified on
9/2/2016. (lak) (Entered: 09/01/2016)

09/13/2016

49 Notice by Defendant Madison Metropolitan School District of Motion and Motion for a Protective
Order re Deborah Ptak Records. (Van Horn, Peggy) (Entered: 09/13/2016)

09/13/2016

50 Motion for Protective Order re: Deborah Ptak Records by Defendant Madison Metropolitan
School District. (Van Horn, Peggy) (Entered: 09/13/2016)

09/13/2016

51 Disregard. See 53 . Modified on 9/13/2016. (lak) (Entered: 09/13/2016)

09/13/2016

52 Affidavit of Attorney Peggy E. Van Horn filed by Defendant Madison Metropolitan School
District re: 50 Motion for Protective Order, (Attachments:
# 1 Exhibit A - July 11, 2016 Letter to Cohen,
# 2 Exhibit B - July 25, 2016 Letter to Cohen,
# 3 Exhibit C - Deposition of Deborah Ptak (Also see 40 .) (Sealed) (Van Horn, Peggy) Sealed
Exhibit C at the request of counsel on 9/13/2016. (arw) (Entered: 09/13/2016)

09/13/2016

53 Affidavit of Dylan Pauly filed by Defendant Madison Metropolitan School District re: 50 Motion
for Protective Order (Van Horn, Peggy) (Entered: 09/13/2016)

09/13/2016

54 Redaction to 52 Affidavit, filed by Madison Metropolitan School District. Redacted Exhibit C.
(Van Horn, Peggy) Modified on 9/13/2016. (lak) (Entered: 09/13/2016)

09/13/2016

Set Deadlines and Hearings re: 50 Motion for Protective Order re Deborah Ptak Records.
Response due 9/20/2016. Telephone Motion Hearing set for 9/21/2016 at 3:00 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to
chambers at [phone]. (kwf) (Entered: 09/13/2016)

09/16/2016

55 Brief in Opposition by Plaintiff Jane Doe No. 55 re: 30 Motion for Summary Judgment filed by
Madison Metropolitan School District. (Sealed Document) (Cohen, Lee) (Entered: 09/16/2016)

09/16/2016

56 Response to Proposed Findings of Fact filed by Plaintiff Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. (Sealed Document) (Cohen,

Lee) Modified on 9/18/2016: This is a multi-part document. (lak) (Entered: 09/16/2016)
09/19/2016

57 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit S - Flash drive. (Sealed
Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

58 Affidavit of Jane Doe. 55/Exhibit T to 56 Response to Proposed Findings of Fact, filed by Jane
Doe No. 55 re: 30 Motion for Summary Judgment, and Supplemental Proposed Findings of Fact.
(Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

59 Affidavit of Lee Gill Cohen/Exhibit U to 56 Response to Proposed Findings of Fact, filed by Jane
Doe No. 55 re: 30 Motion for Summary Judgment, and Supplemental Proposed Findings of Fact.
(Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

60 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit V - Security Assistant
Training. (Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

61 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit X - Heidi Tepp Notes
(Revised). (Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

62 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit Y - Revised Pupil
Services Meeting Notes. (Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered:
09/19/2016)

09/19/2016

63 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit Z - Social Emotional
Learning. (Sealed Document) (Cohen, Lee) (Entered: 09/19/2016)

09/19/2016

64 Deposition of Luis Yudice/Exhibit AA to 56 Response to Proposed Findings of Fact, filed by Jane
Doe No. 55 re: 30 Motion for Summary Judgment, and Supplemental Proposed Findings of Fact.
(Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

65 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit BB - Sexual
Harassment Brochure. (Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered:
09/19/2016)

09/19/2016

66 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit CC - Excerpt from
Dane County Sheriff's Office Incident Report. (Sealed Document) (Cohen, Lee) Modified on
9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

67 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit DD - Personnel file.
(Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

68 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit FF - District Non
Discrimination-Harassment Policy. (Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak)
(Entered: 09/19/2016)

09/19/2016

69 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit GG - Revised
Prohibited Harassment in Workplace 2009. (Sealed Document) (Cohen, Lee) Modified on
9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

70 Deposition of Karen Wydeven/Exhibit HH to 56 Response to Proposed Findings of Fact, filed by
Jane Doe No. 55 re: 30 Motion for Summary Judgment, and Supplemental Proposed Findings of
Fact. (Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

71 Deposition of David Stremikis/Exhibit II to 56 Response to Proposed Findings of Fact, filed by
Jane Doe No. 55 re: 30 Motion for Summary Judgment, and Supplemental Proposed Findings of
Fact. (Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/19/2016

72 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit W - Revised Luis
Yudice Handwritten Notes re: Collins. (Sealed Document) (Cohen, Lee) Modified on 9/19/2016.
(lak) (Entered: 09/19/2016)

09/19/2016

73 Exhibit to 56 Response to Proposed Findings of Fact, filed by Jane Doe No. 55 re: 30 Motion for
Summary Judgment, and Supplemental Proposed Findings of Fact. Exhibit EE - AAEEO Plan
2011-2016. (Sealed Document) (Cohen, Lee) Modified on 9/19/2016. (lak) (Entered: 09/19/2016)

09/20/2016

74 Brief in Opposition by Plaintiff Jane Doe No. 55 re: 50 Motion for Protective Order filed by
Madison Metropolitan School District, (Attachments:
# 1 Exhibit D - Lee Gill Cohen's Affidavit re: Deborah Ptak Records (Also see 75 .),
# 2 Exhibit E - Excerpt of Deposition of Tracy Warnecke (Redacted),
# 3 Exhibit F - Excerpt of Deposition of Brooke Gritt (Redacted),
# 4 Exhibit G - Excerpt of Deposition of Kirsten Mangano (Redacted),
# 5 Exhibit H - Excerpt of Deposition of Tuyet Cullen (Redacted)) (Cohen, Lee) Modified on
9/20/2016. (lak) (Entered: 09/20/2016)

09/20/2016

75 Affidavit of Lee Gill Cohen filed by Plaintiff Jane Doe No. 55 re: 50 Motion for Protective Order.
(Cohen, Lee) (Entered: 09/20/2016)

09/21/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Motion
Hearing held on 9/21/2016 re 50 Motion for Protective Order re: Deborah Ptak Records filed by
Madison Metropolitan School District [:10] (skv) (Entered: 09/21/2016)

09/21/2016

76 ** TEXT ONLY ORDER **
On September 21, 2016, the court held a telephonic hearing on defendants' motion (dkt. 50 ) for
protection from discovery. The court found that the discovery sought by plaintiff is discoverable,
but agreed that the court would review the relevant personnel file in camera before ordering the
production of particular documents. September 23, 2016 is the defendants' deadline to make their
ex parte submission to the court. Signed by Magistrate Judge Stephen L. Crocker on 9/21/2016.
(kwf) (Entered: 09/21/2016)

09/22/2016

77 In Camera Submission (2016 Investigation Report) by Defendant Madison Metropolitan School
District. (Ex Parte Document) (Van Horn, Peggy) (Entered: 09/22/2016)

09/22/2016

78 In Camera Submission (Personnel File) by Defendant Madison Metropolitan School District. (Ex
Parte Document) (Van Horn, Peggy) (Entered: 09/22/2016)

09/22/2016

79 In Camera Submission (Ptak Health File) by Defendant Madison Metropolitan School District.
(Ex Parte Document) (Van Horn, Peggy) (Entered: 09/22/2016)

09/23/2016

80 Brief in Reply by Defendant Madison Metropolitan School District in Support of 30 Motion for
Summary Judgment (Sealed Document) (Van Horn, Peggy) (Entered: 09/23/2016)

09/23/2016

81 Reply in Support of Proposed Findings of Fact filed by Defendant Madison Metropolitan School
District re: 30 Motion for Summary Judgment Defendant's Reply to Plffs' Resp to Defendant's
Proposed Statement of Facts and Defendant's Response to Plffs' Proposed Statement of Facts
(Sealed Document) (Van Horn, Peggy) (Entered: 09/23/2016)

09/27/2016

82 ORDER granting 46 Motion for Reconsideration re: 23 Motion for Protective Order filed by John
Doe 75. John Doe's motion for a protective order is DENIED. Signed by District Judge Barbara B.
Crabb on 9/27/2016. (kwf) (Entered: 09/27/2016)

09/27/2016

83 Motion for Leave to File Sur-Reply to Defendant's Memo of Law in Reply re: Summary Judgment
(Sealed Document) by Plaintiff Jane Doe No. 55. (Cohen, Lee) (Entered: 09/27/2016)

09/27/2016

84 ** TEXT ONLY ORDER **
The parties have filed a document called "Joint Stipulation Regarding Evidence." Dkt. # 48 . In the
document, the parties agree not to raise certain evidentiary objections to certain categories of
documents. Although the parties seek court approval for the document, that is not needed. The
parties are free to stipulate to the admissibility of any evidence that they wish. Signed by District
Judge Barbara B. Crabb on 9/27/2016. (kwf) (Entered: 09/27/2016)

09/28/2016

85 ** TEXT ONLY ORDER **
ORDER granting 83 Motion for Leave to File Sur-Reply to Defendant's Memo of Law in Reply re:
Summary Judgment. Signed by District Judge Barbara B. Crabb on 9/28/2016. (kwf) (Entered:
09/28/2016)

09/29/2016

86 Brief in Sur-Reply by Plaintiff Jane Doe No. 55 re: 30 Motion for Summary Judgment filed by
Madison Metropolitan School District. (Sealed Document) (Cohen, Lee) (Entered: 09/29/2016)

10/04/2016

87 Motion for Leave to File Additional Expert Report by Plaintiff Jane Doe No. 55, (Attachments:
# 1 Exhibit 1 - Expert Report,
# 2 Exhibit 2 - CV,
# 3 Exhibit 3 - Defendant's Responses to Interrogatories and Request for Production of
Documents,
# 4 Exhibit 4 - Expert Report) (Cohen, Lee) Modified on 10/4/2016: Added exhibit descriptions;
e-mail to counsel. (lak) (Entered: 10/04/2016)

10/04/2016

88 Affidavit of Lee Gill Cohen filed by Plaintiff Jane Doe No. 55 re: 87 Motion for Leave to File.
(Cohen, Lee) (Entered: 10/04/2016)

10/10/2016

89 Brief in Opposition by Defendant Madison Metropolitan School District re: 87 Motion for Leave
to File, filed by Jane Doe No. 55. (Van Horn, Peggy) (Entered: 10/10/2016)

10/10/2016

90 Disregard. See 91 . Modified on 10/11/2016. (lak) (Entered: 10/10/2016)

10/11/2016

91 Affidavit of Peggy E. Van Horn filed by Defendant Madison Metropolitan School District in
Support of Response re: 87 Motion for Leave to File, (Attachments:
# 1 Exhibit A - Defendant's Rule 26(a)(1) Disclosures) (Van Horn, Peggy) Modified on
10/11/2016. (lak) (Entered: 10/11/2016)

11/16/2016

92 OPINION and ORDER granting 30 Motion for Summary Judgment; denying as moot 50 Motion
for Protective Order; denying as moot 87 Motion for Leave to File Additional Expert Report.
Signed by District Judge Barbara B. Crabb on 11/16/2016. (kwf) (Entered: 11/16/2016)

11/16/2016

93 JUDGMENT entered in favor of Defendant Madison Metropolitan School District dismissing the
case. (kwf) (Entered: 11/16/2016)

12/09/2016

94 Disregard. See 96 . Modified on 12/9/2016. (lak) (Entered: 12/09/2016)

12/09/2016

95 Motion for Hearing re: 96 Motion for Reconsideration of Opinion and Order Granting Defendant's
Motion for Summary Judgment and Judgment in Favor of Defendant re: 93 Judgment, 92 Order on
Motion for Summary Judgment, Order on Motion for Protective Order, Order. Request for Oral
Argument by Plaintiff Jane Doe No. 55. Response due 12/16/2016. (Cohen, Lee) Modified on
12/9/2016. (lak/kwf) (Entered: 12/09/2016)

12/09/2016

96 Motion for Reconsideration of Opinion and Order Granting Defendant's Motion for Summary
Judgment and Judgment in Favor of Defendant re: 93 Judgment, 92 Order on Motion for
Summary Judgment, Order on Motion for Protective Order, Order on Motion for Leave to File, 95
Motion for Hearing re: 94 Motion for Reconsideration of Opinion and Order Granting Defendant's
Motion for Summary Judgment and Judgment in Favor of Defendant re: 93 Judgment, 92 Order on
Motion for Summary Judgment, by Plaintiff Jane Doe No. 55. Response due 12/16/2016.
(Attachments:
# 1 Exhibit 1 - Title IX Revised Sexual Harassment Guidance,
# 2 Exhibit 2 - 04/04/11 Dear Colleague Letter from The U.S. Department of Education, Office for
Civil Rights,
# 3 Exhibit 3 - U.S. Dept. of Education Office for Civil Rights Q & A on Title IX,
# 4 Exhibit 4 - 11/11/16 Deposition of William Scott Lewis) (Cohen, Lee) Modified on 12/9/2016.
(lak) (Entered: 12/09/2016)

12/13/2016

Reset Briefing Deadlines as to 96 Motion for Reconsideration of Opinion and Order Granting
Defendant's Motion for Summary Judgment and Judgment in Favor of Defendant. Brief in
Opposition due 12/30/2016. Brief in Reply due 1/9/2017. (kwf/jmm) (Entered: 12/13/2016)

12/15/2016

97 Brief in Opposition by Defendant Madison Metropolitan School District re: 95 Motion for
Hearing, filed by Jane Doe No. 55. (Van Horn, Peggy) (Entered: 12/15/2016)

12/28/2016

98 Brief in Opposition by Defendant Madison Metropolitan School District re: 96 Motion for
Reconsideration, filed by Jane Doe No. 55. (Van Horn, Peggy) (Entered: 12/28/2016)

12/28/2016

99 Affidavit of Peggy E. Van Horn filed by Defendant Madison Metropolitan School District in
Opposition re: 96 Motion for Reconsideration, (Attachments:
# 1 Exhibit A - Hendrichsen v. Ball State University, 107 Fed. Appx. 680 (2004)) (Van Horn,
Peggy) Modified on 12/28/2016. (lak) (Entered: 12/28/2016)

01/06/2017

100 Brief in Reply by Plaintiff Jane Doe No. 55 in Support of 96 Motion for Reconsideration of Order
Granting Motion for Summary Judgment. (Cohen, Lee) Modified on 1/8/2017: Corrected
docketing event; termed reply deadline. (lak) (Entered: 01/06/2017)

02/09/2017

101 OPINION and ORDER denying 95 Motion for Oral Argument; denying 96 Motion for
Reconsideration. Signed by District Judge Barbara B. Crabb on 2/9/2017. (kwf) (Entered:
02/09/2017)

03/10/2017

102 NOTICE OF APPEAL by Plaintiff Jane Doe No. 55 as to 93 Judgment, 92 Order on Motion for
Summary Judgment, Order on Motion for Protective Order, Order on Motion for Leave to File,
101 Order on Motion for Hearing, Order on Motion for Reconsideration. Filing fee of $ 505,
receipt number 0758-1986841 paid. Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Cohen, Lee) Modified on 3/10/2017. (lak) (Entered: 03/10/2017)

03/10/2017

103 Appeal Information Packet. (lak) (Entered: 03/10/2017)