Court announces upcoming hearing details for vaccine lawsuit against VCOM
On Tuesday, three students who filed lawsuit against the Edward Via College of Osteopathic Medicine and the college itself confirmed the date for the first hearing in the case, 9 a.m. on Nov. 2 in Monroe.
Both parties agreed that this hearing would address both the students' initial motion for preliminary injunction as well as the students' more recent motion claiming VCOM violated its temporary restraining order.
VCOM students Rachel Lynn Magliulo, Matthew Shea Willis and Kirsten Willis Hall filed a lawsuit against the college claiming the schools mandatory vaccine policy violated their rights. On Aug. 9, VCOM granted the students vaccine exemptions, and soon after the court placed a temporary restraining order on the college, preventing VCOM from requiring vaccines for these students as condition for enrollment and retaliating against the students for their filing.
On Aug. 23, the students filed that VCOM had violated the restraining order, citing an email from Associate Dean of Student Affairs and Development Nathan Kinnard they say was filled with indirect attacks. VCOM responded to the claim saying the college "has not and will not retaliate against the VCOM students."
In addition to hearing details, the parties decided upon upcoming deadlines. For the motion claiming VCOM's restraining order violation, the college has until Sept. 14 to file a response. Plaintiffs can respond within seven days of VCOM's filing.
For the preliminary injunction, the students must submit their briefs by Sept. 19. VCOM's response is due Oct. 2, and the students' replies are due Oct. 13.
All witness lists, exhibit lists and affidavits are to be exchanged between the parties by Oct. 13.
The temporary restraining order will remain in effect until Nov. 2.
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