Case: Hudgins v. The David Lynch Foundation

COMPLAINT filed by Kaya Hudgins; Jury Demand. Filing fee $ 402, receipt number AILNDC-20236244. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A-CC)(Mauck, John) (Entered: 01/13/2023)

1 Civil Cover Sheet

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2 Exhibit A-CC

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CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (emc, )

clerk's notice

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (emc, )

case assigned

First AMENDED complaint by Kaya Hudgins against All Defendants (Attachments: # 1 Exhibit A-DD, # 2 Notice of Filing)(Mauck, John) (Entered: 02/03/2023)

ATTORNEY Appearance for Plaintiff Kaya Hudgins by Judith A Kott (Kott, Judith) (Entered: 02/07/2023)

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings. Honorable Charles P. Kocoras no longer assigned to the case. Signed by Executive Committee on 2/23/2023. (ak, ) (Entered: 02/23/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: This case and Case No. 23 C 646 have been reassigned to Judge Kennelly as related cases to Case No. 20 C 4540. The Court adopts the parties' proposed schedule (Case No. 20 C 4540, dkt. no. 243) with some slight modifications. Defendants' motion to dismiss is to be filed by 3/31/2023; response is due 4/21/2023; reply is due 5/5/2023. Defendants are to make best efforts to make non-duplicative filings either by filing a joint submission or by adopting co-defendants' arguments. Plaintiffs are disclosing treating medical/psychological/psychiatric personnel by 3/1/2023; defendants are to provide record disclosure authorizations to plaintiffs by 3/8/2023; plaintiffs are to return properly and fully executed authorizations to defendants by 3/15/2023; and defendants are to issue subpoenas to treaters by 3/21/2023. Rule 26(a)(1) disclosures are to be made by 3/24/2023. Written discovery requests are to be served by 3/31/2023. Deadline for amending the pleadings and adding parties is 6/15/2023. Fact discovery is to be completed by 7/31/2023. Rule 26(a)(2) disclosures are due 8/31/2023 by plaintiffs and 9/29/2023 by defendants. Expert discovery is to be completed by 10/13/2023. Telephonic status hearing is set for 5/9/2023 at 8:50 AM, using call-in number 888-684-8852, access code 746-1053. (mk) (Entered: 02/24/2023)

ATTORNEY Appearance for Defendant Board of Education of the City of Chicago by Christina Liu Rosenberg (Rosenberg, Christina) (Entered: 02/24/2023)

ATTORNEY Appearance for Defendant Board of Education of the City of Chicago by Elizabeth Kathleen Barton (Barton, Elizabeth) (Entered: 02/24/2023)

ATTORNEY Appearance for Defendant The David Lynch Foundation by James Joseph Sipchen (Sipchen, James) (Entered: 02/24/2023)

MOTION by Plaintiff Kaya Hudgins for leave to file Certification Motion in Excess of 15 pages (Attachments: # 1 Exhibit 1: Motion for Class Certification)(Mauck, John) (Entered: 02/24/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file a 20-page class certification motion 9 is granted. Plaintiff should now file the motion as a separate docket entry. (mk) (Entered: 02/25/2023)

MOTION by Plaintiff Kaya Hudgins to certify class for the Students of the Chicago Public Schools Who Attended the Quiet Time Program (Attachments: # 1 Exhibit)(Mauck, John) (Entered: 02/25/2023)

ATTORNEY Appearance for Defendant The University of Chicago by Mark Steven Mester (Mester, Mark) (Entered: 02/27/2023)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The University of Chicago (Mester, Mark) (Entered: 02/27/2023)

ATTORNEY Appearance for Defendant The University of Chicago by Johanna Margaret Spellman (Spellman, Johanna) (Entered: 02/27/2023)

ATTORNEY Appearance for Defendant The University of Chicago by Renatta Ann Gorski (Gorski, Renatta) (Entered: 02/27/2023)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20382811. (Attachments: # 1 Attachment to Motion for Leave to Appear Pro Hac Vice)(Homer, Carolyn) (Entered: 02/27/2023)

ATTORNEY Appearance for Defendant Board of Education of the City of Chicago by Kaitlin Therese Salisbury (Salisbury, Kaitlin) (Entered: 02/27/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: The parties are directed to confer regarding an appropriate briefing schedule on the motion for class certification consistent with the remainder of the schedule entered by agreement and are to file a joint status report with a proposed class certification briefing schedule by 3/1/2023. (mk) (Entered: 02/27/2023)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The David Lynch Foundation (Sipchen, James) (Entered: 02/27/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Carolyn Homer to appear pro hac vice 16 is granted. (mk) (Entered: 02/28/2023)

STATUS Report /Joint Status Report regarding Briefing Schedule for Motions for Class Certification by The University of Chicago (Spellman, Johanna) (Entered: 03/01/2023)

ATTORNEY Appearance for Plaintiff Kaya Hudgins by Sorin Adrian Leahu (Leahu, Sorin) (Entered: 03/01/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. Consolidated defense memorandum in opposition to motion for class certification, which may be up 35 pages, is to be filed by 7/21/2023. Reply, which may be up to 21 pages, is to be filed by 8/17/2023. Discovery is to be structured and scheduled so that the parties may comply with this schedule, which they should not expect the Court to extend. (mk) (Entered: 03/07/2023)

MOTION by Plaintiff Kaya Hudgins to amend/correct Joint Status Report (Attachments: # 1 Notice of Filing)(Mauck, John) (Entered: 03/15/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion to amend 24 is granted. Deadline for providing plaintiff's signed authorizations is extended to 3/31/2023; deadline for defendants to issue subpoenas is extended to 4/7/2023; deadline for Rule 26(a)(1) disclosures is extended to 4/14/2023; deadline to issue written discovery requests is extended to 4/21/2023. (mk) (Entered: 03/17/2023)

MOTION by Defendant The University of Chicago for leave to file excess pages (Joint) (Mester, Mark) (Entered: 03/29/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' unopposed motion for leave to file a single 30 page motion to dismiss brief covering both related cases is granted. (mk) (Entered: 03/30/2023)

MOTION by Defendants The University of Chicago, Board of Education of the City of Chicago, The David Lynch Foundation to dismiss the Related Claims of Kaya Hudgins, Mariyah Green, and Shavon Gibson (Combined) (Spellman, Johanna) (Entered: 03/31/2023)

MEMORANDUM by Board of Education of the City of Chicago, The David Lynch Foundation, The University of Chicago in support of motion to dismiss 28 the Related Claims of Kaya Hudgins, Mariyah Green, and Shavon Gibson (Combined) (Attachments: # 1 Index of Exhibits, # 2 Exhibits 1-2)(Spellman, Johanna) (Entered: 03/31/2023)

Request for Judicial Notice in Support of Defendants' Combined Motions to Dismiss Plaintiffs' Complaints by Board of Education of the City of Chicago, The David Lynch Foundation, The University of Chicago (Attachments: # 1 Index of Exhibits, # 2 Exhibits A-C)(Spellman, Johanna) (Entered: 03/31/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: This case is set for a telephonic status hearing on 4/10/2023 at 9:25 AM to discuss defendants' motion to dismiss, using call-in number 888-684-8852, access code 746-1053. (mk) (Entered: 04/06/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 4/10/2023. The previously set deadlines for the motion to dismiss remains set as well as the telephonic status hearing set for 5/9/2023 5 . Mailed notice. (mma, ) (Entered: 04/10/2023)

MOTION by Plaintiff Kaya Hudgins for leave to file excess pages (Mauck, John) (Entered: 04/19/2023)

MOTION by Plaintiff Kaya Hudgins for extension of time to issue Written Discovery (Mauck, John) (Entered: 04/19/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file excess pages 33 is granted; combined motion to dismiss response brief may be up to 30 pages long. Defendants' combined reply brief will be limited to 15 pages (which will give defendants a total of 45 pages of briefs). Plaintiffs' motion for extension of time to serve written discovery requests 34 is also granted; the deadline is extended to 4/28/2023. (mk) (Entered: 04/20/2023)

RESPONSE by Kaya Hudginsin Opposition to MOTION by Defendants The University of Chicago, Board of Education of the City of Chicago, The David Lynch Foundation to dismiss the Related Claims of Kaya Hudgins, Mariyah Green, and Shavon Gibson (Combined) 28 (Attachments: # 1 Exhibit 1&2)(Mauck, John) (Entered: 04/21/2023)

MOTION by Plaintiff Kaya Hudgins to amend/correct response in opposition to motion, 36 (Attachments: # 1 Exhibit Amended Response Brief and Exhibit 1&2)(Kott, Judith) (Entered: 04/24/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file a corrected response 37 is granted; plaintiff should now file the response as a separate docket entry. (mk) (Entered: 04/25/2023)

RESPONSE by Kaya Hudginsin Opposition to MOTION by Defendants The University of Chicago, Board of Education of the City of Chicago, The David Lynch Foundation to dismiss the Related Claims of Kaya Hudgins, Mariyah Green, and Shavon Gibson (Combined) 28 (Attachments: # 1 Exhibit)(Kott, Judith) (Entered: 04/25/2023)

NOTICE by James Joseph Sipchen of Change of Address (Sipchen, James) (Entered: 05/01/2023)

REPLY by Board of Education of the City of Chicago, The David Lynch Foundation, The University of Chicago to MOTION by Defendants The University of Chicago, Board of Education of the City of Chicago, The David Lynch Foundation to dismiss the Related Claims of Kaya Hudgins, Mariyah Green, and Shavon Gibson (Combined) 28 (Spellman, Johanna) (Entered: 05/05/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 5/9/2023 is vacated and reset to 5/31/2023 at 8:45 AM, using call-in number 888-684-8852, access code 746-1053. The Court expects to issue a ruling on the pending motions for summary judgment in the Williams case before that date. (mk) (Entered: 05/05/2023)

NOTICE by John W Mauck of Change of Address (Mauck, John) (Entered: 05/18/2023)

NOTICE by Judith A Kott of Change of Address (Kott, Judith) (Entered: 05/18/2023)

ATTORNEY Appearance for Defendant The David Lynch Foundation by Kayla Ann Condeni (Condeni, Kayla) (Entered: 05/23/2023)

MOTION by Defendants Board of Education of the City of Chicago, The David Lynch Foundation for extension of time (Unopposed) to Answer Plaintiffs' Joint First Requests to Admit (Rosenberg, Christina) (Entered: 05/24/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time 46 is granted; deadline for responding to requests to admit is extended to 6/7/2023. (mk) (Entered: 05/25/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/31/2023 and continued to 6/29/2023 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 05/31/2023)

MOTION by Plaintiff Kaya Hudgins for extension of time (Joint) (Mauck, John) (Entered: 06/20/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 6/29/2023 is vacated and reset to 7/6/2023 at 8:30 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk) (Entered: 06/27/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 6/29/2023 is vacated and reset to 7/6/2023 at 8:30 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk) (Entered: 06/28/2023)

MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 6/30/2023: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants the defendants' motions to dismiss [dkt. nos. 24, 28] in part. Gibson's section 1983 claim against all the defendants (Green Compl. Count 1), Green's section 1983 claim against the University (Green Compl. Count 1), and all three plaintiffs' state law claims (Hudgins Compl. Counts 2 and 3, Green Compl. Counts 2 and 3) are dismissed as untimely. Hudgins's section 1983 claim against the University (Hudgins Compl. Count 1) is dismissed for failure to state a claim. As a result, the remaining claims are Hudgins's and Green's section 1983 claims for damages (Hudgins Compl. Count 1, Green Compl. Count 1) against the Board and DLF. The parties should be prepared to discuss further proceedings in these cases and Williams at the telephonic status hearing set for July 6, 2023 at 8:30 a.m. The Court will also address the pending motion to extend time and whether the motions for class certification should be amended given the dismissal of certain claims. The following call-in number will be used: 888-684-8852, access code 746-1053. (mk) (Entered: 06/30/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 7/6/2023. Plaintiff's motion for class certification 11 is denied without prejudice to refiling. Plaintiff has until 7/27/2023 to refile the motion for class certification. By no later than 7/19/2023, the parties are directed to file a joint status report with a proposed schedule regarding the motion for class certification and completing expert discovery. A telephonic status hearing is set for 8/24/2023 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 07/06/2023)

MOTION by Defendants Board of Education of the City of Chicago, The David Lynch Foundation for extension of time (Unopposed) to Answer Plaintiffs' Complaints (Rosenberg, Christina) (Entered: 07/13/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time 54 is granted; response to complaint is to be filed by 7/24/2023. (mk) (Entered: 07/14/2023)

MOTION by Attorney Elizabeth K. Barton to withdraw as attorney for Board of Education of the City of Chicago. No party information provided (Barton, Elizabeth) (Entered: 07/18/2023)

STATUS Report Joint by Board of Education of the City of Chicago, The David Lynch Foundation (Rosenberg, Christina) (Entered: 07/19/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Elizabeth K. Barton to withdraw as attorney for Board Of Education of City Of Chicago is granted 56 . (mk) (Entered: 07/21/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report in this case and Case No. 23 C 646. The Court declines to impose a stay of oral discovery pending the trial in Case No. 20 C 4540 because it does not appear to be needed, as the parties have built the trial in that case into their proposed revised discovery and pretrial deadlines. Plaintiff Hudgins's revised motion for class certificate is to be filed by 11/8/2023; response is to be filed by 12/18/2023; reply to response is to be filed by 115/2024. Fact discovery is to be completed by 12/29/2023. Rule 26(a)(2) disclosures are due by 1/31/2024 for plaintiffs and 2/29/2024 for defendants. Expert discovery is to be completed by 3/15/2024. (mk) (Entered: 07/23/2023)

ANSWER to amended complaint and Affirmative Defenses to Count I by The David Lynch Foundation(Sipchen, James) (Entered: 07/24/2023)

ANSWER to amended complaint Affirmative Defenses, and Jury Demand by Board of Education of the City of Chicago(Rosenberg, Christina) (Entered: 07/24/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 8/24/2023 is vacated and reset to 10/4/2023 at 3:00 PM (in person), and will be conducted in conjunction with the final pretrial conference in Case No. 20 C 4540, unless the Court deems a status hearing to be unnecessary. The parties are directed to file a joint status report covering this case and Case No. 23 C 646 on 9/27/2023. (mk) (Entered: 08/19/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 10/4/2023 is vacated and advanced to 10/2/2023 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. A joint status report covering this case and Case No. 23 C 646 remains due on 9/27/2023. (mk) (Entered: 09/24/2023)

ATTORNEY Appearance for Defendant Board of Education of the City of Chicago by David Joseph Stein (Stein, David) (Entered: 09/27/2023)

STATUS Report (Joint) by Kaya Hudgins (Mauck, John) (Entered: 09/27/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/2/2023. Deadline for completing fact discovery is moved to 2/15/2024. Plaintiff's Rule 26(a)(2) disclosures are due 3/15/2024. Defendants' Rule 26(a)(2) disclosures are due 4/15/2024. Deadline for the close of discovery is moved to 5/15/2024. Mailed notice. (mma, ) (Entered: 10/02/2023)

ATTORNEY Appearance for Defendant Board of Education of the City of Chicago by Tiffany S. Fordyce (Fordyce, Tiffany) (Entered: 10/04/2023)

MOTION by Plaintiff Kaya Hudgins to compel Depositions of Erin Levi and Bob Roth (Attachments: # 1 Exhibit 1-3)(Mauck, John) (Entered: 10/18/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion to compel 68 is set for a telephonic hearing on 10/27/2023 at 8:45 AM, using call-in number 888-684-8852, access code 746-1053. Any response (if the affected defendants wish to file a response) is limited to five pages and must be filed by 10/25/2023. (mk) (Entered: 10/20/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's counsel communicated with the Courtroom Deputy Clerk to withdraw the motion to compel 68 and terminate the 10/27/2023 telephonic motion hearing. The plaintiff's motion to compel 68 is withdrawn without prejudice. The telephonic motion hearing set for 10/27/2023 is vacated. Mailed notice. (mma, ) (Entered: 10/25/2023)

MOTION by Plaintiff Kaya Hudgins for leave to file excess pages in her Motion for Class Certification (Mauck, John) (Entered: 10/27/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file excess pages 71 is granted in part; plaintiff may file an opening class certification brief not to exceed 35 pages. (mk) (Entered: 10/28/2023)

ATTORNEY Appearance for Plaintiff Kaya Hudgins by Robin J Rubrecht (Rubrecht, Robin) (Entered: 11/08/2023)

MOTION by Plaintiff Kaya Hudgins to certify class for the Students of the Chicago Public Schools Placed in the Quiet Time Program (Attachments: # 1 Exhibit List, # 2 Exhibit 1-20, # 3 Exhibit 21-32)(Mauck, John) (Entered: 11/08/2023)

ATTORNEY Appearance for Defendant Board of Education of the City of Chicago by Laura Luisi (Luisi, Laura) (Entered: 11/21/2023)

MOTION by Defendant Board of Education of the City of Chicago to amend/correct Scheduling Order (Joint) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Luisi, Laura) (Entered: 12/05/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: The defendants' motion to modify the case schedule is set for a telephonic hearing on 12/12/2023 at 9:10 AM, using call-in number 888-684-8852, access code 746-1053. The Court advises that it is inclined to have the anticipated Daubert briefing regarding plaintiff's expert filed in conjunction with the ongoing class certification briefing, which will allow the Court to address the Daubert issue promptly without unduly delaying the case. (mk) (Entered: 12/06/2023)

RESPONSE by Kaya Hudgins to MOTION by Defendant Board of Education of the City of Chicago to amend/correct Scheduling Order (Joint) 76 (Attachments: # 1 Exhibit 1)(Mauck, John) (Entered: 12/07/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 12/12/2023. The deadline for the defendants' class certification response, which includes Daubert arguments, is extended to 1/10/2024. Deadline for the reply is extended to 2/15/2024. Case is set for telephonic status hearing on 2/21/2024 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 12/12/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry 79 which contained a typographical error. Telephonic motion hearing held on 12/12/2023. The deadline for the defendants' class certification response, which includes Daubert arguments, is extended to 1/18/2024. Deadline for the reply is extended to 2/15/2024. Case is set for telephonic status hearing on 2/21/2024 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 12/13/2023)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023)

MOTION by Defendants Board of Education of the City of Chicago, The David Lynch Foundation for leave to file excess pages - Joint Motion for Leave to Exceed Brief Page Limits (Luisi, Laura) (Entered: 12/29/2023)

MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion for leave to file excess pages 82 is granted, but only in part. Defendants' class certification response brief and Daubert submission, which all should be combined in a single filing, may be up to 55 pages. Plaintiff's reply brief and Daubert response submission, which likewise should be combined in a single filing, may be up to 20 pages. This will equalize the parties' total submissions at 55 pages. The parties have not justified anything longer than this. (mk) (Entered: 12/30/2023)

MOTION by Attorney Laura Luisi to withdraw as attorney for Board of Education of the City of Chicago. No party information provided (Luisi, Laura) (Entered: 01/02/2024)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by attorney Laura Luisi to withdraw appearance as attorney for Board of Education of the City of Chicago is granted 84 . (mk) (Entered: 01/03/2024)

ATTORNEY Appearance for Defendant Board of Education of the City of Chicago by Naomi Isabel Lazar (Lazar, Naomi) (Entered: 01/11/2024)

MOTION by Defendants Board of Education of the City of Chicago, The David Lynch Foundation for leave to file - Defendants' Agreed Motion for Extension of Time to File Combined Memorandum of Law to Bar Douglas Duncan and Aryeh Siegal and in Opposition to Plaintiff's Revised Motion for Class Certification (Stein, David) (Entered: 01/16/2024)

MOTION by Defendants Board of Education of the City of Chicago, The David Lynch Foundation for extension of time to file - Defendants' Agreed Motion for Extension of Time to File Combined Memorandum of Law to Bar Douglas Duncan and Aryeh Siegal and in Opposition to Plaintiff's Revised Motion for Class Certification - Corrected Document 87 Filed in Error (Stein, David) (Entered: 01/16/2024)

MINUTE entry before the Honorable Matthew F. Kennelly: Agreed motion for extension of time 88 is granted. Due date for defendants' response memorandum is extended to 1/22/2024; due date for plaintiff's reply memorandum is extended to 2/19/2024. (mk) (Entered: 01/17/2024)

MOTION by Plaintiff Kaya Hudgins to clarify party status of University of Chicago (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Rubrecht, Robin) (Entered: 01/18/2024)

MOTION by Defendant Board of Education of the City of Chicago to seal Exhibits (Fordyce, Tiffany) (Entered: 01/22/2024)

SEALED DOCUMENT by Defendant Board of Education of the City of Chicago (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 19, # 8 Exhibit 20, # 9 Exhibit 25, # 10 Exhibit 30)(Fordyce, Tiffany) (Entered: 01/22/2024)

MEMORANDUM by Board of Education of the City of Chicago in Opposition to motion to certify class 74 (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)(Fordyce, Tiffany) (Entered: 01/22/2024)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to clarify University of Chicago's party status 90 is granted. The Court dismissed any and all claims by plaintiff against the University via its order of 6/20/2023, which unambiguously stated in the conclusion that the only claims remaining in the case were claims under 42 USC 1983 against the Board of Education and David Lynch Foundation--in other words, there were no remaining claims against the University. Plaintiff is correct that a dismissal for failure to state a claim may not be a final ruling--in some situations, the defect that led to the dismissal may be cured by amendment--but in this case plaintiff never filed or sought leave to file an amended complaint asserting claims against the University. In short, there are no claims in the case against the University, and thus there is no basis to order any sort of relief against the University, as it is no longer a defendant. The fact that the University participated in status hearings after the 6/30/2023 order does not alter any of this; plaintiff has no pending claims against the University. The only way to change this would be for plaintiff to seek and successfully obtain leave to file an amended complaint asserting claims against the University. The Court expresses no view regarding whether any such motion would be timely at this point. (mk) (Entered: 01/23/2024)

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Board of Education's motion for leave to file under seal 91 is granted. Defendant is directed to file a complete version of its submission, including all exhibits, under seal and a redacted version in the public record. (mk) (Entered: 01/23/2024)

SEALED DOCUMENT by Defendant Board of Education of the City of Chicago - Memorandum of Law to Bar Douglas Duncan and Aryeh Siegal and in Opposition to Plaintiff's Revised Motion for Class Certification (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)(Fordyce, Tiffany) (Entered: 01/23/2024)