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Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-08-28
Type Cc Injunction
Docket 214 entries
Disposition disposed

Parties

Plaintiff Mabins, Kylan|Tuck, Charles Bradley|Kirksey, Jerry Michael|Eddy, Jacob Gregory
Defendant Missouri State High School Activities Association|Mayse, Mallory V|Linneman, Mark|Mayse, Mallory V|Dittemore, Travis|Mayse, Mallory V|Clemens, Daniel|Mayse, Mallory V|Smith, Kevin|Mayse, Mallory V|Hoener, Josh|Mayse, Mallory V|Scott, Josh|Mayse, Mallory V|Gibbs, Craig|Mayse, Mallory V|Jones, David|Mayse, Mallory V|Helsel, Heather|Mayse, Mallory V|Vitt, Aaron|Mayse, Mallory V|Springfield Public Schools|Riso, Rachel Anne|Ellis, Ransom A Iii
Photo of Hon. Wichmer, Daniel R.

Judge

Hon. Wichmer, Daniel R.

Missouri

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Lawyers

Docket Entries

  2. rder After review, Court enters Judgment on this date. DRW/jao Associated Entries: 03/05/2024 - Cause Taken Under Advisement +
  4. epositions Filed Certificate of Officer and Statement of Deposition Charges /al
  5. epositions Filed Certificate of Officer and Statement of Deposition Charges /al
  6. epositions Filed Certificate of Officer and Statement of Deposition Charges /al
  7. epositions Filed Certificate of Officer and Statement of Deposition Charges /al
  8. epositions Filed Certificate of Officer and Statement of Deposition Charges /al
  9. epositions Filed Certificate of Officer and Statement of Deposition Charges /al
  11. otion Filed (Docketed on 03/19/2024 at 1344) Defendant Springfield Public Schools Motion to Require Sufficient Redaction by Plaintiff; Electronic Filing Certificate of Service. /jj Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  13. eply PLAINTIFFS SUR-REPLY TO THE RESPONSE OF DEFENDANT MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION AND ITS BOARD OF DIRECTORS TO PLAINTIFFS REQUEST FOR ATTOR; Electronic Filing Certificate of Service. Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  15. RIFS/Unredacted Document (Docketed on 03/12/2024 at 1756) Confidential Redacted Information Filing Sheet; Response of Defendants MSHSAA and Its Board of Directors to Plaintiffs Second Supplemental Brief Supporting a Finding as to the Conduct of Defendants; Electronic Filing Certificate of Service in associated to Response (other) filed on 03/11/2024. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 03/11/2024 - Response Filed +
  16. esponse Filed (Docketed on 03/12/2024 at 1756) Response of Defendants MSHSAA and Its Board of Directors to Plaintiffs Second Supplemental Brief Supporting a Finding as to the Conduct of Defendants; Electronic Filing Certificate of Service. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 03/11/2024 - CRIFS/Unredacted Document +
  17. RIFS/Unredacted Document (Docketed on 03/12/2024 at 1754) Confidential Redacted Information Filing Sheet; Response of Defendants MSHSAA and Its Board of Directors to Plaintiffs Suggestions in Support of Atty Fees Specifically Re Defendants Alleged Collusion; Electronic Filing Certificate of Service in associated to Response (other) filed on 03/11/2024. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 03/11/2024 - Response Filed +
  18. esponse Filed (Docketed on 03/12/2024 at 1754) Response of Defendants MSHSAA and Its Board of Directors to Plaintiffs Suggestions In Support of Atty Fees Specifically Re Defendants Alleged Collusion; Electronic Filing Certificate of Service. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 03/11/2024 - CRIFS/Unredacted Document +
  19. iling of Briefs (Docketed on 03/12/2024 at 1751) PLAINTIFFS SECOND SUPPLEMENTAL BRIEF SUPPORTING A FINDING AS TO THE CONDUCT OF DEFENDANTS; Electronic Filing Certificate of Service. Sent to Division 3 on 03/12/2024 at 1751. /jj Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  20. uggestions Filed (Docketed on 03/12/2024 at 1746) Plaintiffs Suggestions In Support of Attorneys Fees Specifically Regarding The Defendants Collusion; Exhibit 109; Electronic Filing Certificate of Service. /jj Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  21. RIFS/Unredacted Document (Docketed on 03/12/2024 at 1743) CRIFS; Defendant Springfield Public Schools Suggestions in Support of Motion to Vacate Preliminary Injunction Findings; Electronic Filing Certificate of Service in associated to Support filed on 03/11/2024. /jj Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS Associated Entries: 03/11/2024 - Suggestions in Support +
  22. uggestions in Support (Docketed on 03/12/2024 at 1743) Redacted Defendant Springfield Public Schools Suggestions in Support of Motion to Vacate Preliminary Injunction Findings; Electronic Filing Certificate of Service. /jj Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS Associated Entries: 03/11/2024 - CRIFS/Unredacted Document +
  24. RIFS/Unredacted Document (Docketed on 03/12/2024 at 1740) Confidential Redacted Information Filing Sheet; Amended Suggestions of Defendants MSHSAA and Its Duly Elected Board of Directors in Support of Vacating Preliminary Injunction; Exhibit A; Exhibit B; Electronic Filing Certificate of Service in associated to Support filed on 03/08/2024. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 03/08/2024 - Suggestions in Support +
  25. uggestions in Support (Docketed on 03/12/2024 at 1740) Amended Suggestions of Defendants MSHSAA Its Duly Elected Board of Directors in Support of Vacating Preliminary Injunction; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 03/08/2024 - CRIFS/Unredacted Document +
  26. RIFS/Unredacted Document (Docketed on 03/12/2024 at 1740) Confidential Redacted Information Filing Sheet; Amended Suggestions of Defendants MSHSAA and Its Duly Elected Board of Directors in Opposition to Plaintiffs Motion for Attorney Fees Expenses; Electronic Filing Certificate of Service in associated to Opposition filed on 03/08/2024. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 03/08/2024 - Suggestions in Opposition +
  27. uggestions in Opposition (Docketed on 03/12/2024 at 1740) Amended Suggestions of Defendants MSHSAA Its Duly Elected Board of Directors in Opposition to Plaintiffs Motion for Attorney Fees Expenses; Electronic Filing Certificate of Service. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 03/08/2024 - CRIFS/Unredacted Document +
  29. epositions Filed Plaintiffs Designation of Deposition Testimony of Mark Linneman; Electronic Filing Certificate of Service. /jj Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  30. epositions Filed Plaintiffs Designation of Deposition Testimony of Grenita Lathan; Electronic Filing Certificate of Service. /jj Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  31. earing/Trial Cancelled Associated Entries: 02/15/2024 - Hearing Scheduled Scheduled For: 03/05/2024; 9:00 AM; DANIEL R. WICHMER; Greene
  32. ause Taken Under Advisement Plaintiff appears in person and by Atty's B. Tuck, J. Eddy and J.Kirksey via telephone. Defendant Springfield Public Schools appears by Atty R. Riso and R. Ellis. Defendant MSHSAA appears by Atty M. Mayse. Plaintiff make offers of Proof. Court receives Springfield Public Schools Exhibits 20, 24, 44, 46, 200-205 and Plaintiff Exhibits 100-108 in support of the Parties offers. Court briefing deadline for all fees and vacation of preliminary injunction finding remains on 03/11/2024. DRW/jao Filed By: DANIEL R. WICHMER Associated Entries: 02/15/2024 - Hearing Scheduled + Associated Entries: 05/16/2024 - Order + Scheduled For: 03/04/2024; 9:00 AM; DANIEL R. WICHMER; Greene
  34. uggestions in Support (Docketed on 03/05/2024 at 1337) Plaintiffs Supplemental Suggestions in Support of the Award of Attorneys Fees; Electronic Filing Certificate of Service. /jj Filed By: CHARLES BRADLEY TUCK On Behalf Of: KYLAN MABINS
  36. earing Held Plaintiff appears in person and by Atty's J. Kirksey, J. Eddy and B. Tuck. Defendant Springfield Public Schools appears by Atty's R. Ellis and R.Riso. Defendant MSHSAA appears by Atty M Mayse. Court rules that due to Plaintiff becoming eligible and MSHSAA bylaws as of 03/20/2024, the Trial on the merits for Plaintiff's request for permanent injunction is moot as the Court cannot grant any effective relief to the Parties due to passage of time. The Court vacates the preliminary injunction as to MSHSAA with regard to Glendale High School and MSHSAA application of MSHSAA restitution rule. Court grants Parties until 03/11/2024 to brief issue of vacating remainder of issues and findings. Parties offer of proof on fees and costs set for 03/04/2024 at 9:00am. DRW/jao Associated Entries: 02/15/2024 - Hearing Scheduled Scheduled For: 02/29/2024; 9:00 AM; DANIEL R. WICHMER; Greene
  38. RIFS/Unredacted Document (Docketed on 03/04/2024 at 0803) Confidential Redacted Information Filing Sheet; Defendants Suggestions by Missouri State High School Activities Association and its Duly Elected Board of Directors in Opposition to Permanent Injunction; Exhibit A; Exhibit B; Electronic Filing Certificate of Service in associated to Suggestions (Other) filed on 02/28/2024. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 02/28/2024 - Suggestions Filed +
  39. uggestions Filed (Docketed on 03/04/2024 at 0803) Defendants Suggestions by Missouri State High School Activities Association and its Duly Elected Board of Directors in Opposition to Permanent Injunction; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 02/28/2024 - CRIFS/Unredacted Document +
  40. equest Filed (Docketed on 03/04/2024 at 0800) Defendant Missouri State High School Activities Associations Request for Findings of Fact and Conclusions of Law; Electronic Filing Certificate of Service. Sent to Division 3 on 03/04/2024 at 0800. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  42. ert Serv Resp Req Prod Doc Th (Docketed on 02/27/2024 at 1617) Certificate of Service; Electronic Filing Certificate of Service. accepted as filed /al Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  43. ert Serv Req Prod Docs Things (Docketed on 02/27/2024 at 1600) Certificate of Service; Electronic Filing Certificate of Service. accepted as filed /al Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  45. ert Serv Resp Req Prod Doc Th (Docketed on 02/27/2024 at 1425) Certificate of Service; Electronic Filing Certificate of Service. accepted as filed /al Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  47. nswer Filed (Docketed on 02/27/2024 at 1145) Defendant Springfield Public Schools Answer to Plaintiffs First Amended Petition for Temporary Restraining Order, Preliminary Injunction and Permanent Inj; Electronic Filing Certificate of Service. /al Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  48. RIFS/Unredacted Document (Docketed on 02/26/2024 at 1648) Confidential Redacted Information Filing Sheet; Defendant Missouri State High School Activities Associations Answer to Plaintiffs First Amended Petition; Electronic Filing Certificate of Service in associated to CRIFS/Unredacted Document filed on 08/28/2023. /al Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT Associated Entries: 08/28/2023 - CRIFS/Unredacted Document +
  49. nswer Filed (Docketed on 02/26/2024 at 1648) Defendant Missouri State High School Activities Associations Answer to Plaintiffs First Amended Petition; Electronic Filing Certificate of Service. /al Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  51. RIFS/Unredacted Document (Docketed on 02/22/2024 at 1436) CRIFS; Notice of Deposition; Exhibit A; Electronic Filing Certificate of Service in associated to Take Deposition filed on 02/16/2024. /al Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS Associated Entries: 02/16/2024 - Notice to Take Deposition +
  52. otice to Take Deposition (Docketed on 02/22/2024 at 1435) Notice of Deposition; Exhibit A; Electronic Filing Certificate of Service. /al Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS Associated Entries: 02/16/2024 - CRIFS/Unredacted Document +
  53. otice to Take Deposition (Docketed on 02/22/2024 at 1324) Notice to Take the Deposition of Mark Linneman; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  54. otice to Take Deposition (Docketed on 02/22/2024 at 1323) Notice to Take the Deposition of Bret Range; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  55. otice to Take Deposition (Docketed on 02/22/2024 at 1323) Notice to Take the Deposition of Bill Powers; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  56. otice to Take Deposition (Docketed on 02/22/2024 at 1323) Notice to Take the Videotaped Deposition of Grenita Lathan; Electronic Filing Certificate of Service. /AL Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  58. earing Scheduled Associated Entries: 03/05/2024 - Hearing/Trial Cancelled Scheduled For: 03/05/2024; 9:00 AM; DANIEL R. WICHMER; Greene
  59. earing/Trial Cancelled Associated Entries: 02/15/2024 - Hearing Scheduled Scheduled For: 03/04/2025; 9:00 AM; DANIEL R. WICHMER; Greene
  60. earing Scheduled scheduled in error. /jao Associated Entries: 03/05/2024 - Cause Taken Under Advisement + Scheduled For: 03/04/2024; 9:00 AM; DANIEL R. WICHMER; Greene
  61. earing Scheduled Associated Entries: 02/15/2024 - Hearing/Trial Cancelled Scheduled For: 03/04/2025; 9:00 AM; DANIEL R. WICHMER; Greene
  62. earing Scheduled Associated Entries: 02/29/2024 - Hearing Held + Scheduled For: 02/29/2024; 9:00 AM; DANIEL R. WICHMER; Greene
  63. otion Hearing Held Plaintiff appears by Atty's J. Kirksey, B. Tuck and J. Eddy. Defendant MSHSAA and MSHSAA Board Members by Atty M. Mayse. Defendant School District Of Springfield R-12 by Atty R. Riso. Hearing held on all pending motions. Plaintiffs Motion for Leave to file Amended Petition granted and Amended Petition shown as filed. Answers of Defendants due by 02/20/2024. Planitiff to produce invoices and statements of Atty fees to Defendants by 02/22/2024. Deadline for all Parties to complete discovery is 02/23/2024. Plaintiffs objections to Defendants Interrogatories and request for written Production of documents overruled. Defendants objection to Plaintiffs Interrogatories and Request for Production of documents overruled. Permanent Injunction hearing set for 02/29/2024, 03/04/2024 and 03/05/2024 at 9:00am. On record by T. Miller. DRW/jao Associated Entries: 02/02/2024 - Motion Hearing Scheduled Scheduled For: 02/15/2024; 9:00 AM; DANIEL R. WICHMER; Greene
  65. bjections Filed (Docketed 2/14/24 at 1238) Objection and Suggestions of Defendants MSHSAA in Opposition to Plaintiffs Motion for Determination of Attorneys Fees and Expenses; Electronic Filing Certificate of Service./kj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  66. uggestions in Support (Docketed 2/14/24 at 1232) Defendant MSHSAAs Suggestions in Support of Defendant SPSs Motions for Final Evidentiary Hearing and to Vacate Preliminary Injunction and Suggestions in Support; Electronic Filing Certificate of Service./kj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  67. otion Filed Defendant Springfield Public Schools Motion in Opposition to Plaintiffs Motion for Attorney Fees and Further Argument in Support of Defendants Motion; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  68. RIFS/Unredacted Document (Docketed on 02/07/2024 at 1118) Plaintiffs Motion for a Determination of Attorneys Fees Expenses; Electronic Filing Certificate of Service in associated to Motion (other) filed on 02/05/2024. /jj Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS Associated Entries: 02/05/2024 - Motion Filed +
  69. otion Filed (Docketed on 02/07/2024 at 1118) Plaintiffs Motion for a Determination of Attorneys Fees Expenses; Exhibit A; Electronic Filing Certificate of Service. /jj Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS Associated Entries: 02/05/2024 - CRIFS/Unredacted Document +
  70. otion Hearing Scheduled Associated Entries: 02/15/2024 - Motion Hearing Held + Scheduled For: 02/15/2024; 9:00 AM; DANIEL R. WICHMER; Greene
  71. otice of Hearing Filed (Docketed 2/2/24 at 0717) Notice of Hearing. Set 2/15/24 at 09:00 am; Electronic Filing Certificate of Service./kj Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  72. otion Filed (Docketed 2/2/24 at 0717) Defendant SPS Motion for Final Hearing or in the Alternative Motion to Vacate Preliminary Injunction and Suggestions in Support; Electronic Filing Certificate of Service./kj Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  73. earing Continued/Rescheduled Plaintiff appears by Atty J. Kirksey. Dft appears by Atty R. Riso. Due to sudden illness of Atty M. Mayse, all pending Motions are passed. Parties to reschedule Motion hearing. DRW/jao Associated Entries: 11/21/2023 - Motion Hearing Scheduled Hearing Continued From: 12/18/2023; 11:30 AM Motion Hearing
  74. earing Continued/Rescheduled Associated Entries: 12/12/2023 - Civil Motion Hearing Scheduled Hearing Continued From: 12/18/2023; 11:30 AM Civil Motion Hearing
  75. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  76. otion to Shorten Time Motion to Shorten Time; Electronic Filing Certificate of Service. Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  77. otion to Compel Plaintiffs Motion to Compel MSHAAs Discovery Responses; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  78. otion to Compel (Docketed on 12/18/2023 at 0928) Plaintiffs Motion to Compel and Suggestions in Support; Exhibit A; Exhibit B - redacted; CRIF - Exhibit B unredacted; Exhibit C; Electronic Filing Certificate of Service. /jj Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  79. otice of Hearing Filed (Docketed on 12/18/2023 at 0926) Notice; Electronic Filing Certificate of Service. Notice of Hearing as to its Second Motion for Protective Order. Set for 12/18/2023 at 11:30 AM. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  80. otion Filed (Docketed on 12/18/2023 at 0926) Second Motion for Protective Order; Electronic Filing Certificate of Service. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  81. ivil Motion Hearing Scheduled Associated Entries: 12/18/2023 - Hearing Continued/Rescheduled Scheduled For: 12/18/2023; 11:30 AM; DANIEL R. WICHMER; Greene
  82. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  83. otion to Compel Defendant Springfield Public Schools Motion to Compel Discovery; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  84. ert Serv Resp Req Prod Doc Th Certificate of Service; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  85. otice of Hearing Filed (Docketed on 12/12/2023 at 1441) Notice of Hearing as to Motion to Compel Objections to First Set of Interrogatories to Dft SPS set December 18, 2023 at 11:30am; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  86. RIFS/Unredacted Document (Docketed on 12/12/2023 at 1441) Confidential Redacted Information Filing Sheet; Plaintiffs Motion to Compel Answers to His First Set of Interrogatories directed to Defendant SPS; Exhibit A; Electronic Filing Certificate of Service in associated to Compel (other) filed on 12/11/2023. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS Associated Entries: 12/11/2023 - Motion to Compel +
  87. otion to Compel (Docketed on 12/12/2023 at 1440) Plaintiffs Motion to Compel Answers to His First Set of Interrogatories Directed to Defendant SPS; Exhibit A; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS Associated Entries: 12/11/2023 - CRIFS/Unredacted Document +
  88. otice of Hearing Filed Notice; Electronic Filing Certificate of Service. Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  89. otion Filed Motion for Protective Order Pursuant to 56.01c; Electronic Filing Certificate of Service. Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  90. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  91. otion to Quash Defendant Springfield Public Schools Motion to Quash Deposition Notice of Dr. Grenita Lathan; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  92. ertificate of Service (Docketed on 11/22/2023 at 1348) Certificate of Service; Electronic Filing Certificate of Service. accepted as filed /al Filed By: CHARLES BRADLEY TUCK On Behalf Of: KYLAN MABINS
  93. otion Hearing Scheduled Associated Entries: 12/18/2023 - Hearing Continued/Rescheduled + Scheduled For: 12/18/2023; 11:30 AM; DANIEL R. WICHMER; Greene
  94. mended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  95. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  96. ert Serv Resp Req Prod Doc Th Certificate of Service Defendant Springfield Public Schools Answers and Objections to Plaintiffs First Set of Interrogatories, Defendant Springfield Public Sc; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  97. ert Serv Req Prod Docs Things Certificate of Service; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  98. otice to Take Deposition (Docketed on 11/16/2023 at 1012) Amended Notice to Take the Videotaped Deposition of Mark Linneman; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  99. otice to Take Deposition (Docketed on 11/16/2023 at 1012) Amended Notice to Take the Videotaped Deposition of Bill Powers; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  100. otice to Take Deposition (Docketed on 11/16/2023 at 1011) Amended Notice to Take the Videotaped Deposition Bret Range; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  101. otice to Take Deposition (Docketed on 11/16/2023 at 1011) Amended Notice to Take the Videotaped Deposition Grenita Lathan; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  102. RIFS/Unredacted Document CRIFS; Motion for Protective Order Pursuant to 56.01c and Motion to Quash; Exhibit A; Exhibit B; Exhibit C; Exhibit D; Electronic Filing Certificate of Service in associated to Quash filed on 11/13/2023. Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  103. otion to Quash Redacted Motion for Protective Order Pursuant to 56.01c and Motion to Quash; Redacted Exhibit A; Redacted Exhibit B; Redacted Exhibit C; Redacted Exhibit D; Electronic Filing Certificate of Service. Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  104. bjections Filed Objection to Plaintiffs Motion for Trial Setting; Electronic Filing Certificate of Service. Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  105. otion for Trial Setting Motion for Trial Setting; Electronic Filing Certificate of Service. Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  106. earing Continued/Rescheduled Court in receipt of Defendant's Motion for Continuance. Court sustains Motion for Continuance to allow parties to set new Motion date that will accomidate all parties. DRW/jao Associated Entries: 10/31/2023 - Motion Hearing Scheduled Hearing Continued From: 11/07/2023; 9:00 AM Motion Hearing
  107. ote to Clerk eFiling Filed By: RACHEL ANNE RISO
  108. otion for Continuance (Docketed on 11/09/2023 at 1221) Motion for Continuance; Electronic Filing Certificate of Service. sent to court Dv3 /al Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  109. otice to Take Deposition (Docketed on 11/07/2023 at 0816) Notice to Take the Videotaped Deposition of Mark Linneman; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  110. otice to Take Deposition (Docketed on 11/07/2023 at 0816) Notice to Take the Videotaped Deposition of Bill Powers; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  111. otice to Take Deposition (Docketed on 11/07/2023 at 0816) Notice to Take the Videotaped Deposition of Bret Range; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  112. otice to Take Deposition (Docketed on 11/07/2023 at 0815) Notice to Take the Videotaped Deposition of Grenita Lathan; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  113. ert Serv Resp Req Prod Doc Th (Docketed on 11/07/2023 at 0940) Certificate of Service; Electronic Filing Certificate of Service. accepted as filed /al Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  114. otice of Hearing Filed (Docketed on 11/02/2023 at 1241) Notice of Hearing as to Motion to Compel Dfts Discovery Responses set November 7, 2023 at 9:00am; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  115. RIFS/Unredacted Document (Docketed on 11/02/2023 at 1240) Plaintiffs Motion to Compel Defendant Springfield Public Schools Discovery Responses; Exhibit A; Electronic Filing Certificate of Service in associated to Compel (other) filed on 11/01/2023. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS Associated Entries: 11/01/2023 - Motion to Compel +
  116. otion to Compel (Docketed on 11/02/2023 at 1240) Plaintiffs Motion to Compel Defendant Springfield Public Schools Discovery Responses; Exhibit A; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS Associated Entries: 11/01/2023 - CRIFS/Unredacted Document +
  117. otion Hearing Scheduled Associated Entries: 11/07/2023 - Hearing Continued/Rescheduled + Scheduled For: 11/07/2023; 9:00 AM; DANIEL R. WICHMER; Greene
  118. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  119. roposed Order Filed Proposed Order for Leave to File Amended Petition; Electronic Filing Certificate of Service. Same is sent to Div 3 for review. Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  120. RIFS/Unredacted Document CRIF - EXHIBIT A; Electronic Filing Certificate of Service in associated to Leave filed on 10/31/2023. Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS Associated Entries: 10/31/2023 - Motion for Leave +
  121. otion for Leave Plaintiffs Motion for Leave to File Amended First Amended Petition; Exhibit A - Plaintiffs First Amended Petition; Electronic Filing Certificate of Service. Motion hearing set 11/07/2023 at 9:00 a.m. Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS Associated Entries: 10/31/2023 - CRIFS/Unredacted Document +
  122. ert Serv Resp Req Prod Doc Th Certificate of Service; Electronic Filing Certificate of Service. Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  123. ert Serv Req Prod Docs Things Certificate of Service; Electronic Filing Certificate of Service. Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  124. otion for Extension of Time Motion for Extension of Time; Electronic Filing Certificate of Service. Same is sent to Div 3 clerk. Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  125. ert Serv Req Prod Docs Things (Docketed on 10/27/2023 at 1435) Certificate of Service (First Request for Production of Documents to Plt Kylan Mabins); Electronic Filing Certificate of Service. /al Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  126. ertificate of Service (Docketed on 10/19/2023 at 1002) Certificate of Service; Electronic Filing Certificate of Service. accepted as filed. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  127. udge Assigned By order of the Presiding Judge, this case is reassigned to Judge Dan Wichmer. JAH/mkm
  128. udge Assigned By order of the Presiding Judge, this case is reassigned to Judge Christensen. JAH/mkm ***Error, this case was incorrectly assigned to Judge Christensen. Case to be assigned to Judge Wichmer, Division 3**
  129. rder for Change of Judge The Court is in receipt of Defendant SPS's Application for Change of Judge. Under Missouri law, a party to a civil action has the absolute right to disqualify a trial judge once, without needing to allege or demonstrate any cause or reason justifying disqualification; a procedural mechanism commonly referred to as a "change of judge." See Rule 51.05. The right to a change of judge is a keystone of Missouri's civil judicial system. See Worth v. Roden, 646 S.W.3d 308 (Mo. App. E.D. 2022). While this right might be manipulated in certain situations by those who receive an "unfavorable ruling" in an effort to search for "a judge more sympathetic to their position," see State ex rel. Cohen v. Riley, 994 S.W.2d 546, 552 (Mo. banc 1999) (Price, J., dissenting), Missouri judges do not respond "by their own manipulative readings of the rules in order to escape disqualification," see id. at 551 (Wolff, J., concurring). Generally, the limitations on the exercise of the right to a change of judge are that (1) it may only be used once by any category of party (e.g., "plaintiff(s)" or "defendant(s)"), and (2) the application must be timely filed (the later of (a) 60 days after service of process, or (b) 30 days after the trial judge is assigned). In this case, neither of the Defendants have previously disqualified a judge assigned to this case, and SPS's application was filed timely. Accordingly, SPS's Application for Change of Judge is hereby GRANTED; case to be reassigned. DAA
  130. rder (Docketed on 10/19/2023 at 1345) Order received from Missouri Court of Appeals Southern District denying Relators Petition for Immediate Stop Order, Preliminary and Final Order in Prohibition and/or Mandamus. Sent to Division 3 on 10/19/2023 at 1345. /jj
  131. rder (Docketed on 10/19/2023 at 1335) Order received from Missouri Court of Appeals Southern District denying Relators Petition for Immediate Stop Order and Writ of Prohibition. Sent to Div 3 on 10/19/2023 at 1335. /jj
  132. otion for Change of Judge Application for Change of Judge; Electronic Filing Certificate of Service. Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  133. RIFS/Unredacted Document (Docketed on 10/02/2023 at 1649) Confidential Redacted Information Filing Sheet; Defendant Missouri State High School Activities Associations Answer to Plaintiffs Petition; Electronic Filing Certificate of Service in associated to Answer (other) filed on 10/02/2023. /al Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  134. nswer Filed (Docketed on 10/02/2023 at 1648) Defendant Missouri State High School Activities Associations Answer to Plaintiffs Petition; Electronic Filing Certificate of Service. /al Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  135. RIFS/Unredacted Document (Docketed on 10/02/2023 at 1652) Confidential Redacted Information Filing Sheet; Unredacted Defendants Answer to Plaintiffs Petition for Temporary Restraining Order, Preliminary Injunction and for Permanent Injunction; Electronic Filing Certificate of Service in associated to Answer (other) filed on 10/02/2023. /al Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  136. nswer Filed (Docketed on 10/02/2023 at 1652) Redacted Defendants Answer to Plaintiffs Petition for Temporary Restraining Order, Preliminary Injunction and for Permanent Injunction; Electronic Filing Certificate of Service. /al Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  137. ert Serv Req Prod Docs Things (Docketed on 10/02/2023 at 1126) Certificate of Service (Second Request for Production of Documents to Dfts); Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  138. ert Serv Req Prod Docs Things (Docketed on 09/29/2023 at 0945) Certificate of Service (First Requests for Production of Documents to Dft Springfield Public Schools, and First Requests for Production of Documents to Dft MSHSAA by and through its Board of Directors); Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  139. iling: (Docketed on 09-26-2023 at 3:37pm) Certificate of Officer and Statement of Deposition Charges for the Zoom Deposition of Dr. Jennifer Rukstad./ac
  140. iling: (Docketed on 09-26-2023 at 2:56pm) Certificate of Officer and Statement of Deposition Charges for the Zoom Deposition of Dr. Jennifer Rukstad./ac
  141. iling: (Docketed on 09-26-2023 at 2:53pm) Certificate of Officer and Statement of Deposition Charges for the Deposition of Kykan Mabins./ac
  142. iling: (Docketed on 09-26-2023 at 2:50pm) Certificate of Officer and Statement of Deposition Charges for the Deposition of Sean Mabins./ac
  143. iling: (Docketed on 09-26-2023 at 2:42pm) Certificate of Officer and Statement of Deposition Charges for the Deposition of Darline Mabins./ac
  144. iling: (Docketed on 09-26-2023 at 2:40pm) Certificate of Officer and Statement of Deposition Charges for the Deposition of Scot Phillips./ac
  145. iling: (Docketed on 09-26-2023 at 2:36pm) Certificate of Officer and Statement of Deposition Charges for the Deposition of Nate Thomas./ac
  146. iling: (Docketed on 09-26-2023 at 2:34pm) Certificate of Officer and Statement of Deposition Charges for the Deposition of Josh Scott./ac
  147. ond Paid Injunction Bond posted by Attorney Charles Brad Tuck, Funds to be placed on deposit per order of 9/22/23./ssm
  148. rder Preliminary Injunction filed and entered. DAA/jfc
  149. rder Order Denying Defendants Motion to Dismiss Filed and Entered. Associated Entries: 09/19/2023 - Cause Taken Under Advisement +
  150. ause Taken Under Advisement Continued hearing on Plaintiff's request for preliminary injunction; same appearances as 9/18/23. Witnesses Scott Phillips, Nate Thomas, Isaac Isaia, Joshua Scott, Jennifer Rukstad, Garrett Lombas, Sean Mabins, and Darline Mabins each testify to completion. Plaintiff rests. Defendants SPS and MSHSAA each rest. Plaintiff Mabins's oral motion after close of evidence at preliminary injunction hearing to conform the pleadings to the evidence presented is taken under advisement. Hearing is adjourned and Court takes request for preliminary injunction under advisement pending formal order to be issued. DAA/jfc Associated Entries: 09/15/2023 - Civil Setting Scheduled Associated Entries: 09/21/2023 - Order + Scheduled For: 09/19/2023; 8:30 AM; DEREK ADAM ANKROM; Greene
  151. iling of Briefs (Docketed 9/21/23 at 1025) Plaintiffs First Trial Brief; Electronic Filing Certificate of Service./kj Filed By: CHARLES BRADLEY TUCK On Behalf Of: KYLAN MABINS
  152. earing Continued/Rescheduled Plaintiff appears in person and by counsel, Mr. Kirskey, Mr. Tuck, and Mr. Eddy. Defendant MSHSAA appears by corporate representative, Ms. Rukstad, and by counsel, Mr. Mayse. Defendant SPS appears by counsel, Mr. Ellis and Ms. Riso. Hearing held on Defendants' Motions to Dismiss. Following argument by the parties, Court announces intention to (1) deny both Motions to Dismiss as to challenge to the Court's subject matter jurisdiction under Rule 55.27(a)(1) in light of J.C.W. ex rel. Webb v. Wyciskalla and plenary jurisdiction of Circuit Court over civil cases provided for by Art. V, sect. 14 of the Missouri Constitution, (2) deny Defendant MSHSAA's Motion to Dismiss as to challenge to the Court's personal jurisdiction over MSHSAA in light of State ex rel. Blase v. Richardson, and (3) deny Defendant MSHSAA's Motion to Dismiss asserting affirmative defense of laches, as essential element of legal detriment to MSHSAA from any delay by Plaintiff in asserting claim(s) not irrefutably established by allegations of Petition; all per formal order to follow. Court takes Rule 55.27(a)(6) challenge to the sufficiency of the Petition to state a claim upon which relief can be granted under advisement. Evidentiary hearing held on Plaintiffs' request for preliminary injunction. Plaintiff Mabins testifies to completion. Court recessed to 9/19 at 8:30 a.m. for presentation of further evidence. DAA/jfc Associated Entries: 09/11/2023 - Civil Setting Scheduled Hearing Continued From: 09/18/2023; 8:30 AM Civil Setting
  153. uggestions in Opposition (Docketed on 09/15/2023 at 1503) Plaintiffs Opposition to Defendant MSHSAA Motion to Dimiss; Electronic Filing Certificate of Service. /al Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  154. uggestions in Support (Docketed on 09/15/2023 at 1423) Defendant Springfield Public Schools Suggestions in Support of Its Motion to Dismiss; Electronic Filing Certificate of Service. /al Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  155. otion to Dismiss (Docketed on 09/15/2023 at 1423) Defendant Springfield Public Schools Motion to Dismiss; Electronic Filing Certificate of Service. /al Filed By: RACHEL ANNE RISO On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  156. udge Assigned Cases to be transferred to Judge Derek Ankrom per Order of Presiding Judge Jerry Harmison.
  157. ivil Setting Scheduled Associated Entries: 09/19/2023 - Cause Taken Under Advisement + Scheduled For: 09/19/2023; 8:30 AM; DEREK ADAM ANKROM; Greene
  158. onference Call Held Case status conference held. Plaintiffs by Mr. Kirksey, Mr. Tuck, and Mr. Eddy. Dft SPS by Mr Ellis and Ms. Riso. Dft MSHSAA by Mr. Mayse. Parties confirm understanding hearing scheduled for 9/18/23 to proceed as preliminary injunction hearing with evidence to be presented. Based on anticipated evidence hearing enlarged to 9/18 and 9/19/23. DAA/jfc Associated Entries: 09/14/2023 - Conference Call Scheduled + Scheduled For: 09/15/2023; 9:00 AM; DEREK ADAM ANKROM; Greene
  159. onference Call Scheduled Conference call set 9/15/23 at 9:00 am. Court to initiate conference call. eNotice to parties. DAA/jfc Associated Entries: 09/15/2023 - Conference Call Held + Scheduled For: 09/15/2023; 9:00 AM; DEREK ADAM ANKROM; Greene
  160. ivil Setting Scheduled Associated Entries: 09/18/2023 - Hearing Continued/Rescheduled + Scheduled For: 09/18/2023; 8:30 AM; DEREK ADAM ANKROM; Greene
  161. earing/Trial Cancelled Associated Entries: 08/30/2023 - Civil Setting Scheduled Scheduled For: 09/18/2023; 8:30 AM; DANIEL R. WICHMER; Greene
  162. otice to Take Deposition (Docketed on 09/08/2023 at 1651) Notice to Take the Videotaped Deposition of Jennifer Rukstad; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  163. otice to Take Deposition (Docketed on 09/08/2023 at 1654) Notice to Take the Videotaped Deposition of Josh Scott; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  164. otice to Take Deposition (Docketed on 09/08/2023 at 1654) Notice to Take the Videotaped Deposition of Scott Phillips; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  165. otice to Take Deposition (Docketed on 09/08/2023 at 1654) Notice to Take the Videotaped Deposition of Nate Thomas; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  166. uggestions Filed (Docketed on 09/08/2023 at 0948) Defendants Suggestions in Support of Motion to Dismiss and In Opposition to Plaintiffs Petition for Preliminary andor Permanent Injunction; Electronic Filing Certificate of Service. /al Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  167. otion to Dismiss (Docketed on 09/08/2023 at 0948) Defendants Motion to Dismiss; Electronic Filing Certificate of Service. /al Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  168. otice of Hearing Filed (Docketed on 09/08/2023 at 0940) Notice of Hearing as to Motion to Dismiss set September 18, 2023 at 8:30; Electronic Filing Certificate of Service. /al Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  169. otice to Take Deposition (Docketed on 09/06/2023 at 1332) Amended Deposition Duces Tecum Darline Mabins; Exhibit A to Duces Tecum; Electronic Filing Certificate of Service. /al Filed By: RACHEL ANNE RISO On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT, SPRINGFIELD PUBLIC SCHOOLS
  170. otice to Take Deposition (Docketed on 09/06/2023 at 1334) Amended Deposition Duces Tecum Sean Mabins; Exhibit A to Duces Tecum; Electronic Filing Certificate of Service. /al Filed By: RACHEL ANNE RISO On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT, SPRINGFIELD PUBLIC SCHOOLS
  171. otice to Take Deposition (Docketed on 09/06/2023 at 1339) Amended Deposition Duce Tecum Kylan Mabins; Exhibit A to Duces Tecum; Electronic Filing Certificate of Service. /al Filed By: RACHEL ANNE RISO On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT, SPRINGFIELD PUBLIC SCHOOLS
  172. otice to Take Deposition (Docketed on 09/05/2023 at 1137) NOTICE TO TAKE THE DEPOSITION OF THE CUSTODIAN OF RECORDS FOR MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION - MSHSAA; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  173. otice to Take Deposition (Docketed on 09/05/2023 at 1136) NOTICE TO TAKE THE DEPOSITION OF THE CUSTODIAN OF RECORDS FOR SPRINGFIELD PUBLIC SCHOOLS; Electronic Filing Certificate of Service. /al Filed By: JERRY MICHAEL KIRKSEY On Behalf Of: KYLAN MABINS
  174. otice to Take Deposition (Docketed on 09/05/2023 at 0959) Notice to take Deposition of Darline Mabins; Electronic Filing Certificate of Service. /al Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  175. otice to Take Deposition (Docketed on 09/05/2023 at 0959) Notice to take Deposition of Sean Mabins; Electronic Filing Certificate of Service. /al Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  176. otice to Take Deposition (Docketed on 09/05/2023 at 0958) Notice to take Deposition of Kylan Mabins; Electronic Filing Certificate of Service. /al Filed By: RANSOM A ELLIS III On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  177. otion Denied After consideration, Court Denies Plaintiff's Motion for TRO. Formal Order signed and filed on this date. Temporary Injunction setting remains on 09/18/2023 at 8:30am. DRW/jao Associated Entries: 08/30/2023 - Cause Taken Under Advisement +
  178. orrespondence Filed (Docketed on 09/15/2023 at 1223) Letter to the Clerk; Copy of Case--State Ex Rel., Missouri State High School Activities Association v. Romines; Electronic Filing Certificate of Service. Sent to Division 1 on 09/15/2023 at 1223. /jj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  179. roposed Order Filed (Docketed on 09/14/2023 at 1511) Proposed Temporary Restraining Order; Electronic Filing Certificate of Service. Sent to Division 1 on 09/14/2023 at 1511. /jj Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  180. iling of Briefs (Docketed on 09/14/2023 at 1511) Trial Brief; Electronic Filing Certificate of Service. Sent to Division 1 on 09/14/2023 at 1511. /jj Filed By: JACOB GREGORY EDDY On Behalf Of: KYLAN MABINS
  181. ivil Setting Scheduled Associated Entries: 09/11/2023 - Hearing/Trial Cancelled Scheduled For: 09/18/2023; 8:30 AM; DANIEL R. WICHMER; Greene
  182. ause Taken Under Advisement Plaintiff appears in person and by Atty's Tuck, Kirksey and Eddy. Defendant MSHSAA Board of Directors by Atty M. Mayse. Defendant Springfield Public Schools appears by Atty R. Ellis and R. Riso. Hearing on TRO held. Arguments heard. Court takes matter under advisement. Court sets hearing on Plaintiff's Petition for Preliminary Injunction to 09/18/2023 at 8:30am. On Record by K. Whorlow. DRW/jao Associated Entries: 08/29/2023 - Civil Setting Scheduled Associated Entries: 08/31/2023 - Motion Denied + Scheduled For: 08/30/2023; 2:30 PM; DANIEL R. WICHMER; Greene
  183. rder to Correct Redaction
  184. otion Granted/Sustained Court sustains Defendant's Motion to raise security level on Defendant's Suggestions in Oppostition to Plaintiff's Applicaiton for Temporary Restraining Order and Affidavit in Opposition to Issuance of Temporary Restraining Order. DRW/jao
  185. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service./kj On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  186. uggestions in Opposition Defendant Springfield Public Schools Suggestions in Opposition to Plaintiffs Motion for Temporary Restraining Order; Electronic Filing Certificate of Service./kj On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  187. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service./kj On Behalf Of: SPRINGFIELD PUBLIC SCHOOLS
  188. iling of Briefs Plaintiffs Brief In Support of Temporary Restraining Order; Electronic Filing Certificate of Service./kj Filed By: CHARLES BRADLEY TUCK On Behalf Of: KYLAN MABINS
  189. ote to Clerk eFiling Filed By: MALLORY V MAYSE
  190. otion To Correct Redaction (Docketed 8/30/23 at 1327) Motion of Defendant to Raise Security Level of Filing; Electronic Filing Certificate of Service accepted as filed./kj Sent to Div3 8/30/23 at 1:30 pm./kj Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, DAVID JONES, HEATHER HELSEL, AARON VITT
  191. ertificate of Mailing Completed request for non-certified copies emailed to KY3 this date. /kdd
  192. ote to Clerk eFiling Filed By: MALLORY V MAYSE
  193. ffidavit Filed (Docketed on 08/30/2023 at 9:58am) Dft Affidavit in Opposition to Issuance of Temporary Restraining Order; Electronic Filing Certificate of Service./mt Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  194. ote to Clerk eFiling
  195. uggestions in Opposition (Docketed on 08/30/2023 at 9:50am) Dfts Affidavit in Opposition to Issuance of Temporary Restraining Order ; Electronic Filing Certificate of Service./mt Filed By: MALLORY V MAYSE On Behalf Of: MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, MARK LINNEMAN, TRAVIS DITTEMORE, DANIEL CLEMENS, KEVIN SMITH, JOSH HOENER, JOSH SCOTT, CRAIG GIBBS, DAVID JONES, HEATHER HELSEL, AARON VITT
  196. ntry of Appearance Filed (Docketed on 08/30/2023 at 0915) Entry of Appearance by Atty Jacob G Eddy on behalf of Plt; Electronic Filing Certificate of Service. /al On Behalf Of: KYLAN MABINS
  197. ntry of Appearance Filed (Docketed on 08/30/2023 at 0918) Entry of Appearance by Atty C Bradley Tuck on behalf of Plt; Electronic Filing Certificate of Service. /al On Behalf Of: KYLAN MABINS
  198. ivil Setting Scheduled Associated Entries: 08/30/2023 - Cause Taken Under Advisement + Scheduled For: 08/30/2023; 2:30 PM; DANIEL R. WICHMER; Greene
  199. otice of Hearing Filed (Docketed on 08/29/2023 at 1532) Notice of Hearing as to Petition for Temporary Restraining Order set August 30, 2023 at 2:30pm; Electronic Filing Certificate of Service. /al On Behalf Of: KYLAN MABINS
  200. equest for Records Filed Record Request filed by KY3 for non-certified copies. /kdd
  201. ummons Issued-Circuit Document ID: 23-SMCC-1969, for SPRINGFIELD PUBLIC SCHOOLS. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  202. ummons Issued-Circuit Document ID: 23-SMCC-1968, for VITT, AARON. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  203. ummons Issued-Circuit Document ID: 23-SMCC-1967, for HELSEL, HEATHER. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  204. ummons Issued-Circuit Document ID: 23-SMCC-1966, for JONES, DAVID. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  205. ummons Issued-Circuit Document ID: 23-SMCC-1965, for GIBBS, CRAIG. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  206. ummons Issued-Circuit Document ID: 23-SMCC-1964, for SCOTT, JOSH. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  207. ummons Issued-Circuit Document ID: 23-SMCC-1963, for HOENER, JOSH. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  208. ummons Issued-Circuit Document ID: 23-SMCC-1962, for SMITH, KEVIN. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  209. ummons Issued-Circuit Document ID: 23-SMCC-1961, for CLEMENS, DANIEL. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  210. ummons Issued-Circuit Document ID: 23-SMCC-1960, for DITTEMORE, TRAVIS. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  211. ummons Issued-Circuit Document ID: 23-SMCC-1959, for LINNEMAN, MARK. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  212. ummons Issued-Circuit Document ID: 23-SMCC-1958, for MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  213. iling Info Sheet eFiling
  214. RIFS/Unredacted Document Confidential Redacted Information Filing Sheet; Petition - Unredacted in associated to Circuit Court filed on 08/28/2023./kj On Behalf Of: KYLAN MABINS Associated Entries: 02/20/2024 - CRIFS/Unredacted Document + Associated Entries: 08/28/2023 - Pet Filed in Circuit Ct +

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