Case: Doe v. Wood County Board of Education

6:12-cv-04355 | U.S. District Court for the Southern District of West Virginia

Filed Date: Aug. 15, 2012

Closed Date: Aug. 6, 2013

Clearinghouse coding complete

Case Summary

On August 15, 2012, a mother and her three minor daughters filed a complaint under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 against the Wood County Board of Education and Van Devender Middle School. The plaintiffs, represented by the ACLU and private counsel, sought declaratory, injunctive and monetary relief. They alleged that the School's single-sex education program approved by the Board violated the Equal Protection Clause of the United States Cons…

On August 15, 2012, a mother and her three minor daughters filed a complaint under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 against the Wood County Board of Education and Van Devender Middle School. The plaintiffs, represented by the ACLU and private counsel, sought declaratory, injunctive and monetary relief. They alleged that the School's single-sex education program approved by the Board violated the Equal Protection Clause of the United States Constitution and Title IX of the Education Amendments of 1972.

The three daughters were students who were subject to a program dividing boys and girls into separate classrooms for certain subjects and educated them with distinct teaching methods. The plaintiffs claimed that their school experiences were adversely affected by the physical differences between the boys' and girls' classrooms and the gender-differentiated teaching techniques.

On August 20, 2012, the District Court (Judge Joseph R. Goodwin) denied the plaintiffs' motion for a temporary restraining order. The Court noted that two important issues needed further development in this case, which were the voluntariness of the single-sex classes and the availability of substantially equal coeducational alternatives at the School.

Judge Goodwin held a preliminary injunction hearing on August 27, 2012, and on August 29, 2012, granted a preliminary injunction to the plaintiffs. The injunction banned single-sex classes at the School for the remainder of the 2012-2013 school year and until the school's program met the requirements of the Constitution and Title IX. Particularly, the school was forced to comply with the requirement of complete voluntariness under the Department of Education regulations. 888 F. Supp. 2d 771 (S.D.W. Va. 2012). Evidence showed that the students were involuntarily placed in the relevant school program and could only opt out, but the School failed to provide parents and guardians with timely notice and procedural instructions about the opt-out option.

On October 15, 2012, the Court granted in part and denied in part the defendants' motion to dismiss the case. The Court dismissed all plaintiffs' claims against the individual defendants in light of their entitlement to qualified immunity and the redundancy of the claims. Hence, the Board remained as the only defendant in the case.

On July 3, 2013, the parties entered a Consent Decree, with defendant denying any liability for sex discrimination in violation of federal law. The Consent Decree prohibited the Defendant from providing any Single-Sex Activity not in accordance with the Court’s interpretation of the U.S. Constitution and Title IX requirements, as presented in the Opinion and Order on August 29, 2012, for the remainder of the 2012-2013 school year, as well as the school years through 2015. If the defendant sought to initiate a Single-Sex Activity not exempted in the Decree at any public school during the school years between 2015 and 2018, the Defendant would be forced to provide the plaintiff with at least 120 days notice prior to initiating the Activity. The plaintiff retained the right to visit the School, so long as she provided 5 days notice, to ensure the school was acting in accordance with federal law and the Consent Decree, for the five year duration the Decree was in effect. The Consent Decree awarded the plaintiff $65,000 in attorneys fees and an undisclosed sum of damages.

In accordance with the Consent Decree, the plaintiffs filed an unopposed motion to dismiss the case with prejudice on July 29, 2013. On August 6, 2013, the judge granted the motion, incorporating the consent decree.

The Court’s jurisdiction over the Consent Decree, as well as the Court’s Permanent Injunction was to terminate on July 4, 2018. The case is presumed closed.

Summary Authors

Emma Bao (6/12/2013)

Mackenzie Walz (10/25/2017)

Michael Beech (3/23/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5496910/parties/doe-v-wood-county-board-of-education/


Judge(s)

Goodwin, Joseph Robert (West Virginia)

Attorneys(s) for Plaintiff

Brandt-Young, Christina (New York)

Forman, Roger D. (West Virginia)

Harris, Marissa P. (District of Columbia)

Hartman, Joshua A. (District of Columbia)

Henry, Roxann E. (District of Columbia)

Katz, Amy Lynn (New York)

Lapidus, Lenora M. (New Jersey)

Rogers, Sarah (West Virginia)

Sherwin, Galen (New York)

Judge(s)

Goodwin, Joseph Robert (West Virginia)

Attorneys(s) for Plaintiff

Brandt-Young, Christina (New York)

Forman, Roger D. (West Virginia)

Harris, Marissa P. (District of Columbia)

Hartman, Joshua A. (District of Columbia)

Henry, Roxann E. (District of Columbia)

Katz, Amy Lynn (New York)

Lapidus, Lenora M. (New Jersey)

Rogers, Sarah (West Virginia)

Sherwin, Galen (New York)

Attorneys(s) for Defendant

Boone, Aaron C (West Virginia)

Kent, Robert J (West Virginia)

Documents in the Clearinghouse

Document

6:12-cv-04355

Docket [PACER]

Aug. 6, 2013

Aug. 6, 2013

Docket
1

6:12-cv-04355

Complaint

Aug. 15, 2012

Aug. 15, 2012

Complaint
24

6:12-cv-04355

Order [Denying Motion for a Temporary Restraining Order]

Aug. 20, 2012

Aug. 20, 2012

Order/Opinion
51

6:12-cv-04355

Memorandum Opinion and Order [Granting in Part and Denying in Part Motion for Preliminary Injunction]

888 F.Supp.2d 771

Aug. 29, 2012

Aug. 29, 2012

Order/Opinion
66

6:12-cv-04355

Memorandum Opinion and Order [Granting in Part and Denying in Part Motion to Dismiss]

Oct. 15, 2012

Oct. 15, 2012

Order/Opinion
93

6:12-cv-04355

Consent Decree

July 8, 2013

July 8, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5496910/doe-v-wood-county-board-of-education/

Last updated Aug. 7, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing Fee $350.00. Receipt # 0425-1950351. (Attachment: # 1 Civil Cover Sheet) (taq)

Aug. 15, 2012

Aug. 15, 2012

PACER
2

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 2, 2010. This matter referred to Magistrate Judge Stanley for discovery. (cc: attys; any unrepresented party) (taq)

Aug. 15, 2012

Aug. 15, 2012

PACER

CASE assigned to Judge Joseph R. Goodwin. (ras)

Aug. 15, 2012

Aug. 15, 2012

PACER
3

MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Protective Order (Forman, Roger) (skh). (Modified on 8/15/2012 to remove memorandum in support and file as entry #5) (skh). (Modified on 8/16/2012 to remove Declarations of plaintiffs (attachments ## 1-4) and add them to the #4 motion for temporary restraining order and preliminary injunction as attachments ## 32-35) (skh).

Aug. 15, 2012

Aug. 15, 2012

PACER
4

MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Affidavit of Sarah Rogers, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17-1, # 19 Exhibit 17-2, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28-1, # 31 Exhibit 28-2)(Forman, Roger). (Modified on 8/15/2012 to remove memorandum and file as entry #6) (skh). (Additional attachments added on 8/16/2012: # 32 Declaration of Jane Doe, # 33 Declaration of Beth Doe, # 34 Declaration of Anne Doe, # 35 Declaration of Carol Doe, # 36 Declaration of Diane F. Halpern w/Exhibits A and B attached) (skh). (Modified on 8/16/2012 to add attachments 32-36 omitted at time case was filed) (skh).

Aug. 15, 2012

Aug. 15, 2012

PACER
5

MEMORANDUM by Anne Doe, Beth Doe, Carol Doe, Jane Doe in support of 3 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Protective Order (skh)

Aug. 15, 2012

Aug. 15, 2012

PACER
6

MEMORANDUM by Anne Doe, Beth Doe, Carol Doe, Jane Doe in support of 4 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and Preliminary Injunction. (skh)

Aug. 15, 2012

Aug. 15, 2012

PACER

NOTICE OF DOCKET CORRECTION re: 3 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Protective Order and 4 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and Preliminary Injunction. ERROR: Memoranda in support attached. CORRECTION: Removed memoranda and filed using the event Memorandum In Support, entries 5 and 6 . (skh)

Aug. 15, 2012

Aug. 15, 2012

PACER
7

STATEMENT OF VISITING ATTORNEY from Sarah Rogers on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe. Local counsel: Roger Forman. Fee $50.00. Receipt # 0425-1951188. (Forman, Roger)

Aug. 16, 2012

Aug. 16, 2012

PACER
8

STATEMENT OF VISITING ATTORNEY from Amy Katz on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe. Local counsel: Roger Forman. Fee $50.00. Receipt # 0425-1951200. (Forman, Roger)

Aug. 16, 2012

Aug. 16, 2012

PACER
9

STATEMENT OF VISITING ATTORNEY from Marissa Harris on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe. Local counsel: Roger Forman. Fee $50.00. Receipt # 0425-1951205. (Forman, Roger)

Aug. 16, 2012

Aug. 16, 2012

PACER
10

STATEMENT OF VISITING ATTORNEY from Christina Brandt-Young on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe. Local counsel: Roger Forman. Fee $50.00. Receipt # 0425-1951208. (Forman, Roger)

Aug. 16, 2012

Aug. 16, 2012

PACER
11

STATEMENT OF VISITING ATTORNEY from Joshua Hartman on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe. Local counsel: Roger Forman. Fee $50.00. Receipt # 0425-1951210. (Forman, Roger)

Aug. 16, 2012

Aug. 16, 2012

PACER
12

STATEMENT OF VISITING ATTORNEY from Roxann Henry on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe. Local counsel: Roger Forman. Fee $50.00. Receipt # 0425-1951212. (Forman, Roger)

Aug. 16, 2012

Aug. 16, 2012

PACER
13

STATEMENT OF VISITING ATTORNEY from Lenora Lapidus on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe. Local counsel: Roger Forman. Fee $50.00. Receipt # 0425-1951221. (Forman, Roger)

Aug. 16, 2012

Aug. 16, 2012

PACER

NOTICE OF DOCKET CORRECTION re: 3 Motion by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Protective Order. ERROR: Declarations of plaintiffs incorrectly attached. CORRECTION: Declarations removed (attachments ## 1-4) and attached to the #4 motion for a temporary restraining order and preliminary injunction as attachments ## 32-35. (skh)

Aug. 16, 2012

Aug. 16, 2012

PACER

NOTICE OF DOCKET CORRECTION re: 4 Motion by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and Preliminary Injunction. ERROR: Declaration of Diane F. Halpern, with Exhibits A and B, omitted at time of electronic filing. CORRECTION: Declaration of Diane F. Halpern, with Exhibits A and B, added as attachment #36. (skh)

Aug. 16, 2012

Aug. 16, 2012

PACER
14

SUMMONS SUBMITTED by Anne Doe, Carol Doe, Jane Doe, Beth Doe for Wood County Board of Education, J. Patrick Law, Stephen Taylor, Penny Tonelli Coleman re: 1 Complaint. (Forman, Roger)

Aug. 16, 2012

Aug. 16, 2012

PACER
15

ORDER directing that a hearing on plaintiffs' 4 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Preliminary Injunction is scheduled for 8/20/2012 at 1:30 PM in courtroom B 5600 at the Robert C. Byrd United States Courthouse in Charleston, West Virginia. Signed by Judge Joseph R. Goodwin on 8/16/2012. (cc: attys; any unrepresented party) (lca)

Aug. 16, 2012

Aug. 16, 2012

PACER
16

MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Leave to Proceed Under Pseudonym (Forman, Roger) (Modified on 8/16/2012 to remove memorandum and file as entry #17) (skh).

Aug. 16, 2012

Aug. 16, 2012

PACER
17

MEMORANDUM by Anne Doe, Beth Doe, Carol Doe, Jane Doe in support of 16 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Leave to Proceed Under Pseudonym (skh)

Aug. 16, 2012

Aug. 16, 2012

PACER

NOTICE OF DOCKET CORRECTION re: 16 Motion by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Leave to Proceed Under Pseudonym. ERROR: Memorandum attached. CORRECTION: Removed memorandum and filed using the event Memorandum In Support, entry 17 . (skh)

Aug. 16, 2012

Aug. 16, 2012

PACER
18

SUMMONS ISSUED by the Clerk on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe for Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, re: 1 Complaint, returnable 21 days. Original Summons and 1 copy for each defendant returned to plaintiff's counsel for service. (tmh)

Aug. 17, 2012

Aug. 17, 2012

PACER
19

SUMMONS ISSUED by the Clerk on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe for Wood County Board of Education, re: 1 Complaint, returnable 21 days. Original Summons and 2 copies returned to plaintiff's counsel for service. (tmh)

Aug. 17, 2012

Aug. 17, 2012

PACER
20

NOTICE OF ATTORNEY APPEARANCE by Robert J. Kent on behalf of Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education. (Kent, Robert)

Aug. 20, 2012

Aug. 20, 2012

PACER
21

NOTICE OF ATTORNEY APPEARANCE by Aaron C. Boone on behalf of Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education. (Boone, Aaron)

Aug. 20, 2012

Aug. 20, 2012

PACER
22

EMAIL NOTIFICATION to Amy Lynn Katz, Christina Brandt-Young, Galen Sherwin, Joshua A. Hartman, Lenora M. Lapidus, Marissa P. Harris, Roxann E. Henry and Sarah Rogers with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk)

Aug. 20, 2012

Aug. 20, 2012

PACER
23

MOTION HEARING held by Judge Joseph R. Goodwin on 8/20/2012 re: 4 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and for Preliminary Injunction Court Reporter: Ayme Cochran. (rac)

Aug. 20, 2012

Aug. 20, 2012

PACER
24

ORDER denying Plaintiffs' 4 MOTION for a Temporary Restraining Order; a hearing on the MOTION for Preliminary Injunction will be held on 8/27/2012 at 1:30 PM in Charleston; granting Plaintiffs' 16 MOTION for Leave to Proceed Under Pseudonym. Signed by Judge Joseph R. Goodwin on 8/20/2012. (cc: attys; any unrepresented party) (jkk)

Aug. 21, 2012

Aug. 21, 2012

PACER
25

WITNESS LIST by Plaintiffs Anne Doe, Beth Doe, Carol Doe, Jane Doe and Defendants Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education, for hearing held 8/20/2012. (jkk)

Aug. 21, 2012

Aug. 21, 2012

PACER
26

EXHIBIT LIST FROM MOTION HEARING held 8/20/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (jkk)

Aug. 21, 2012

Aug. 21, 2012

PACER
27

CERTIFICATE OF SERVICE filed by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education for Defendants' First Set of Interrogatories and Requests for Production to Plaintiffs. (Kent, Robert)

Aug. 22, 2012

Aug. 22, 2012

PACER
28

ORDER granting in part 3 MOTION for Protective Order, directing that exhibits, memoranda, affidavits and other papers filed with the Court in connection with this action shall be written or redacted to refer to the plaintiffs by their pseudonyms; denying in part the remainder of the Motion for Protective Order. Signed by Judge Joseph R. Goodwin on 8/22/2012. (cc: attys; any unrepresented party) (jkk)

Aug. 22, 2012

Aug. 22, 2012

PACER
29

CERTIFICATE OF SERVICE filed by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Plaintiffs' First Set of Interrogatories and Requests for Production to Defendants (Forman, Roger) (Modified on 8/23/2012 for clarity and to remove excess text) (taq).

Aug. 22, 2012

Aug. 22, 2012

PACER
30

SUMMONS RETURNED EXECUTED by Personal Service for Stephen Taylor. Stephen Taylor served on 8/17/2012, answer due 9/7/2012. Summons served on Stephen Taylor, Principal, Van Devender Middle School. (Forman, Roger) (Modified on 8/24/2012 to correctly reflect summons was served on Defendant Stephen Taylor) (skh).

Aug. 23, 2012

Aug. 23, 2012

PACER
31

SUMMONS RETURNED EXECUTED by Personal Service for J. Patrick Law. J. Patrick Law served on 8/17/2012, answer due 9/7/2012. Summons served on Sharon J. Buzzard, Superintendent's Secretary. (Forman, Roger) Modified on 12/2/2012 to add text for clarity (arb).

Aug. 23, 2012

Aug. 23, 2012

PACER
32

SUMMONS RETURNED EXECUTED by Personal Service for Penny Tonelli Coleman. Penny Tonelli Coleman served on 8/17/2012, answer due 9/7/2012. Summons served on Penny Tonelli Coleman. (Forman, Roger)

Aug. 23, 2012

Aug. 23, 2012

PACER
33

SUMMONS RETURNED EXECUTED by Personal Service for Wood County Board of Education. Wood County Board of Education served on 8/17/2012, answer due 9/7/2012. Summons served on Sharon J. Buzzard, Superintendent's Secretary. (Forman, Roger) Modified on 12/2/2012 to add text for clarity (arb).

Aug. 23, 2012

Aug. 23, 2012

PACER
34

NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on 8/27/2010 [sic] by Anne Doe, Beth Doe, Carol Doe, Jane Doe. (Forman, Roger)

Aug. 23, 2012

Aug. 23, 2012

PACER
35

NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on August 27, 2012 at 4:00 p.m. to 7:00 p.m. in Judge Goodwin's Courtroom, 7009 Robert C. Byrd United States Courthouse, 300 Virginia Street East, Charleston, WV 25301 (Kent, Robert)

Aug. 24, 2012

Aug. 24, 2012

PACER
36

CERTIFICATE OF SERVICE filed by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Plaintiffs' Response to Defendant's First Set of Interrogatories and Requests for Production (Forman, Roger)

Aug. 24, 2012

Aug. 24, 2012

PACER
37

TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on 8-20-12, before Judge Joseph R. Goodwin. Court Reporter Ayme Cochran, Telephone number 304-347-3128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 9/4/2012. Redaction Request due 9/14/2012. Redacted Transcript Deadline set for 9/24/2012. Release of Transcript Restriction set for 11/26/2012. (aac)

Aug. 24, 2012

Aug. 24, 2012

PACER
38

MEMORANDUM by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education in opposition to 4 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and Preliminary Injunction(Boone, Aaron)

Aug. 27, 2012

Aug. 27, 2012

PACER
39

RETURN OF SERVICE ON SUBPOENA for Cindy Wade. (Kent, Robert)

Aug. 27, 2012

Aug. 27, 2012

PACER
40

RETURN OF SERVICE ON SUBPOENA for Noel Clinton. (Kent, Robert)

Aug. 27, 2012

Aug. 27, 2012

PACER
41

RETURN OF SERVICE ON SUBPOENA for Alisha Mendez. (Kent, Robert)

Aug. 27, 2012

Aug. 27, 2012

PACER
42

PRELIMINARY INJUNCTION HEARING held by Judge Joseph R. Goodwin on 8/27/2012 re: 4 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Preliminary Injunction Court Reporter: Teresa Harvey. (rac) (Entered: 08/28/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
43

SUPPLEMENTAL RESPONSE by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education in opposition of 4 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and Preliminary Injunction (Boone, Aaron)

Aug. 28, 2012

Aug. 28, 2012

PACER
44

POST-HEARING MEMORANDUM by Anne Doe, Beth Doe, Carol Doe, Jane Doe in support of 4 MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe for a Temporary Restraining Order and Preliminary Injunction(Forman, Roger) (Modified on 8/29/2012 to correct link to #4 motion and to replace unsigned image with signed image) (skh).

Aug. 28, 2012

Aug. 28, 2012

PACER
45

WITNESS LIST by Plaintiffs Anne Doe, Beth Doe, Carol Doe, Jane Doe, and Defendants Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education, for hearing held 8/27/2012. (jkk)

Aug. 28, 2012

Aug. 28, 2012

PACER
46

CERTIFICATE OF SERVICE filed by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Plaintiffs' Post-hearing Memorandum in Support of Preliminary Inujunction (Forman, Roger) (Modified on 8/29/2012 to remove excess text)(taq).

Aug. 28, 2012

Aug. 28, 2012

PACER
47

DOCUMENT SUBMITTED BY PLAINTIFFS TO VOUCH THE RECORD, RE: PRELIMINARY INJUNCTION HEARING held 8/27/2012. (Attachments: # 1 CD) (jkk)

Aug. 28, 2012

Aug. 28, 2012

PACER
48

DOCUMENT SUBMITTED BY PLAINTIFFS TO VOUCH THE RECORD, RE: PRELIMINARY INJUNCTION HEARING held 8/27/2012 (Attachments: # 1 Survey about Gender) (jkk)

Aug. 28, 2012

Aug. 28, 2012

PACER
49

DOCUMENT SUBMITTED BY DEFENDANTS TO VOUCH THE RECORD, RE: PRELIMINARY INJUNCTION HEARING held 8/27/2012 (Attachments: # 1 VanDevender Middle Trend Data) (jkk)

Aug. 28, 2012

Aug. 28, 2012

PACER
50

EXHIBIT LIST FROM PRELIMINARY INJUNCTION HEARING held 8/27/2012. (jkk) (Additional attachment(s) added on 8/31/2012: # 1 Plaintiffs' Exhibits 1, 2, 3, # 2 Plaintiffs' Exhibits 4, 6, 7, 16, # 3 Defendants' Exhibits 6, 9, 10, 11, 43, 46) (jkk).

Aug. 28, 2012

Aug. 28, 2012

PACER

NOTICE OF DOCKET CORRECTION re: 44 Post-Hearing Memorandum by Anne Doe, Beth Doe, Carol Doe, Jane Doe. ERROR: Image did not contain a signature. CORRECTION: Unsigned image removed and replaced with signed image. (skh)

Aug. 29, 2012

Aug. 29, 2012

PACER
51

MEMORANDUM OPINION AND ORDER granting in part and denying in part plaintiffs' 4 MOTION for Preliminary Injunction. The court hereby enjoins the defendants from separating students into single-sex classes at Van Devender Middle School for the remainder of the 2012-13 school year, and unless and until any single-sex program offered meets the requirements of the constitution and Title IX, in particular the Department of Education regulations as interpreted by the court today. This injunction will take effect at the beginning of the school day on Monday, September 3, 2012. Signed by Judge Joseph R. Goodwin on 8/29/2012. (cc: attys; any unrepresented party; posted on the court's website, www.wvsd.uscourts.gov) (jkk)

Aug. 29, 2012

Aug. 29, 2012

RECAP
52

MOTION by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education to Dismiss Pursuant to Rule 12(b)(6) (Boone, Aaron)

Sept. 7, 2012

Sept. 7, 2012

PACER
53

MEMORANDUM by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education in support of 52 MOTION by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education to Dismiss Pursuant to Rule 12(b)(6) (Boone, Aaron)

Sept. 7, 2012

Sept. 7, 2012

PACER
54

ANSWER TO 1 Complaint with Jury Demand by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education.(Boone, Aaron) (Modified on 9/8/2012 to add jury demand) (skh).

Sept. 7, 2012

Sept. 7, 2012

PACER
55

ORDER AND NOTICE: Rule 12(b) Motions due 10/10/2012. Last day for Rule 26(f) Meeting 11/9/2012. Last day to file report of Rule 26(f) Meeting 11/16/2012. Scheduling Conference at 10:00 AM on 11/30/2012 in Charleston. Entry of Scheduling Order 12/10/2012. Last Day to make Rule 26(a)(1) disclosures 12/14/2012. Signed by Judge Joseph R. Goodwin on 9/10/2012. (cc: attys; any unrepresented party) (jkk)

Sept. 10, 2012

Sept. 10, 2012

PACER
56

NOTICE OF INTENT TO REQUEST REDACTION by Roxann E. Henry re 37 Transcript - Miscellaneous,, (Henry, Roxann)

Sept. 14, 2012

Sept. 14, 2012

PACER
57

TRANSCRIPT REDACTION REQUEST re 37 Transcript - Miscellaneous,, (Henry, Roxann)

Sept. 14, 2012

Sept. 14, 2012

PACER
58

BRIEF by Anne Doe, Beth Doe, Carol Doe, Jane Doe in opposition to 52 MOTION by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education to Dismiss Pursuant to Rule 12(b)(6), 53 Memorandum In Support, (Rogers, Sarah)

Sept. 21, 2012

Sept. 21, 2012

PACER
59

MOTION by Roger D. Forman to Withdraw as Counsel on behalf of Anne Doe, Beth Doe, Carol Doe, Jane Doe (Attachment: # 1 Proposed Order)(Forman, Roger)

Sept. 26, 2012

Sept. 26, 2012

PACER
60

AMENDED ANSWER to 1 Complaint by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education (Boone, Aaron)

Sept. 28, 2012

Sept. 28, 2012

PACER
61

REPLY by Penny Tonelli Coleman, J. Patrick Law, Stephen Taylor, Wood County Board of Education to 58 Brief In Opposition. (Boone, Aaron)

Sept. 28, 2012

Sept. 28, 2012

PACER
62

ORDER granting 59 MOTION by Roger D. Forman to Withdraw as Counsel. Attorney Roger D. Forman terminated. Signed by Judge Joseph R. Goodwin on 10/1/2012. (cc: attys; any unrepresented party) (jkk)

Oct. 1, 2012

Oct. 1, 2012

PACER
63

INCORRECT ENTRY - DOCUMENT FILED IN INCORRECT CASE - IMAGE DELETED. Modified on 10/1/2012 to delete image. (jkk)

Oct. 1, 2012

Oct. 1, 2012

PACER

NOTICE OF DOCKET CORRECTION re: ENTRY NO. 63 . (Error: Document filed in incorrect case. Correction: Image deleted.) (jkk)

Oct. 1, 2012

Oct. 1, 2012

PACER
64

TRANSCRIPT OF PROCEEDINGS of Motion for Preliminary Injunction held on August 27, 2012, before Chief Judge Joseph R. Goodwin. Court Reporter Teresa Harvey, Telephone number 304-254-8052. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 10/15/2012. Redaction Request due 10/25/2012. Redacted Transcript Deadline set for 11/5/2012. Release of Transcript Restriction set for 1/2/2013. (tlh)

Oct. 4, 2012

Oct. 4, 2012

PACER
65

NOTICE OF INTENT TO REQUEST REDACTION by Roxann E. Henry re 64 Transcript (Henry, Roxann)

Oct. 4, 2012

Oct. 4, 2012

PACER
66

MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' 52 Motion to Dismiss. The motion is granted as to the claims against defendants Taylor and Coleman in their individual capacities and defendants Law and Taylor in their official capacities, and denied as to the remaining claims. Signed by Judge Joseph R. Goodwin on 10/15/2012. (cc: attys; any unrepresented party) (jkk)

Oct. 15, 2012

Oct. 15, 2012

PACER
67

TRANSCRIPT REDACTION REQUEST re 64 Transcript of Proceedings held on August 27, 2012. (Henry, Roxann) (Modified on 10/25/2012 to add docket text for clarity) (klc)

Oct. 25, 2012

Oct. 25, 2012

PACER
68

RESPONSE by Wood County Board of Education to 67 Transcript Redaction Request (Boone, Aaron)

Nov. 5, 2012

Nov. 5, 2012

PACER
69

RULE 26(f) REPORT OF PLANNING MEETING by Anne Doe, Beth Doe, Carol Doe, Jane Doe, Wood County Board of Education. (Henry, Roxann) (Modified on 11/16/2012 to add additional filer) (skh).

Nov. 16, 2012

Nov. 16, 2012

PACER
70

ORDER rescheduling the Scheduling Conference to 12/10/2012 at 01:30 p.m. in Charleston. Signed by Judge Joseph R. Goodwin on 11/26/2012. (cc: attys; any unrepresented party) (jkk)

Nov. 26, 2012

Nov. 26, 2012

PACER
71

SCHEDULING CONFERENCE held by Judge Joseph R. Goodwin on 12/10/2012; Court Reporter: Lisa Cook. (rac)

Dec. 10, 2012

Dec. 10, 2012

PACER
72

SCHEDULING ORDER: Amendment of pleadings and joinder of parties 1/10/2013. Deadline for written discovery requests 4/26/2013. Expert disclosure by party with burden of proof 4/11/2013, by opposing party 5/13/2013, and disclosure for rebuttal purposes 5/28/2013. Deposition deadline and close of discovery 6/10/2013. Dispositive Motions 7/1/2013, responses 7/15/2013, reply to response 7/22/2013. Hearing on Motions for Summary Judgment set for 8/22/2013 at 10:00 a.m. in Charleston. Settlement meeting and mediation deadline 9/3/2013. Motions in Limine to be filed by 9/9/2013, with responses due by 9/16/2013, Plaintiffs' draft of Pretrial Order to defendants due by 9/4/2013. Integrated Pretrial Order filed by defendant by 9/11/2013. Pretrial Conference set for 10/3/2013 at 11:00 a.m. in Charleston. Proposed jury instructions filed by 10/7/2013. Final Settlement Conference at 09:30 AM on 10/15/2013 in Charleston. Trial set for 10/16/2013 at 08:30 AM in Parkersburg before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 12/12/2012. (cc: attys; any unrepresented party) (jkk)

Dec. 12, 2012

Dec. 12, 2012

PACER
73

CERTIFICATE OF SERVICE by Wood County Board of Education for Rule 26(a)(1) Initial Disclosures. (Kent, Robert)

Dec. 14, 2012

Dec. 14, 2012

PACER
74

CERTIFICATE OF SERVICE by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Rule 26(a)(1) Initial Disclosures. (Henry, Roxann)

Dec. 14, 2012

Dec. 14, 2012

PACER
75

TRANSCRIPT OF PROCEEDINGS of Status Conference held on December 10, 2012, before Judge Joseph R. Goodwin. Court Reporter Lisa Cook, Telephone number 304-347-3198. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 12/27/2012. Redaction Request due 1/7/2013. Redacted Transcript Deadline set for 1/17/2013. Release of Transcript Restriction set for 3/18/2013. (lac)

Dec. 17, 2012

Dec. 17, 2012

PACER
76

MOTION by Christina Brandt-Young to Withdraw as Counsel on behalf of Anne Doe, Beth Doe, Carol Doe, Jane Doe (Rogers, Sarah) (Modified text to correctly reflect motion is filed on behalf of Attorney Christina Brandt-Young on 1/23/2013) (skh).

Jan. 23, 2013

Jan. 23, 2013

PACER
77

STATEMENT OF VISITING ATTORNEY from Galen Sherwin on behalf of Anne Doe, Carol Doe, Jane Doe, Beth Doe. Local counsel: Sarah Rogers. Fee $50.00. Receipt # 0425-2190075. (Rogers, Sarah) (Modified on 1/23/2013 to remove and replace incomplete image) (skh).

Jan. 23, 2013

Jan. 23, 2013

PACER

NOTICE OF DOCKET CORRECTION re: 77 Statement of Visiting Attorney from Galen Sherwin. ERROR: Incomplete image attached. CORRECTION: Incomplete image removed and replaced with complete image. (skh)

Jan. 23, 2013

Jan. 23, 2013

PACER
78

ORDER granting 76 MOTION by Christina Brandt-Young to Withdraw as Counsel. Signed by Judge Joseph R. Goodwin on 1/25/2013. (cc: attys; any unrepresented party) (jkk)

Jan. 25, 2013

Jan. 25, 2013

PACER
79

CERTIFICATE OF SERVICE filed by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Plaintiffs' First Request for Admissions to Defendants (Henry, Roxann)

March 5, 2013

March 5, 2013

PACER
80

CERTIFICATE OF SERVICE filed by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Plaintiffs' Second Set of Requests for Production of Documents to Defendants (Henry, Roxann)

March 5, 2013

March 5, 2013

PACER
81

CERTIFICATE OF SERVICE filed by Anne Doe, Beth Doe, Carol Doe, Jane Doe for Plaintiffs' Second Set of Interrogatories to Defendants (Henry, Roxann)

March 5, 2013

March 5, 2013

PACER
82

STIPULATION extending time up to and including 4/18/2013 for Defendant to serve its responses, answers and/or objections to Plaintiffs' Second Set of Interrogatories, Second Set of Requests for Production of Documents and First Request for Admissions and for the parties to make their expert disclosures to 4/18/2013 for plaintiffs and to 5/20/2013 for defendant by Wood County Board of Education, Anne Doe, Beth Doe, Carol Doe, Jane Doe (Boone, Aaron) (Modified text for clarity and to add party filers on 4/9/2013) (skh).

April 9, 2013

April 9, 2013

PACER
83

CLERK'S ORDER WITHDRAWING AND TRANSFERRING REFERENCE TO UNITED STATES MAGISTRATE JUDGE. The referral of discovery matters is TRANSFERRED to the Honorable Dwane L. Tinsley, United States Magistrate Judge. Signed by Clerk of Court Teresa L. Deppner on 4/17/2013. (cc: Honorable Joseph R. Goodwin, U. S. District Judge, the Honorable Dwane L. Tinsley, U. S. Magistrate Judge, counsel of record, and any unrepresented party) (lca)

April 17, 2013

April 17, 2013

PACER
84

STIPULATION extending deadlines by Wood County Board of Education, Anne Doe, Beth Doe, Carol Doe, Jane Doe (Kent, Robert) (Modified on 4/19/2013 to add party filers) (skh).

April 19, 2013

April 19, 2013

PACER
85

JOINT MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe, Wood County Board of Education to Stay Proceedings (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Henry, Roxann) (Modified on 5/20/2013 to add party filer) (skh).

May 20, 2013

May 20, 2013

PACER
86

ORDER granting 85 JOINT MOTION to Stay; directing that this matter is stayed until further order of the court. Signed by Judge Joseph R. Goodwin on 5/21/2013. (cc: attys; any unrepresented party) (jkk)

May 21, 2013

May 21, 2013

PACER
87

JOINT MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe, Wood County Board of Education to Seal Attachments to the Consent Decree. (Attachments: # 1 Plaintiffs' Memorandum of Law in Support of Joint Motion to Seal, # 2 Defendant's Memorandum of Law in Support of Joint Motion to Seal, # 3 Plaintiffs' Motion to Compromise and Settle Claims, # 4 Exhibit 1 to Plaintiffs' Motion to Compromise and Settle Claims, # 5 Attachment A to Exhibit 1, # 6 Attachment B to Exhibit 1, # 7 Proposed Order Appointing Guardian Ad Litem and Setting Hearing, # 8 Proposed Order Entering Consent Decree Agreement and Sealing Attachments, # 9 Certificate of Service)(Henry, Roxann) (Modified on 6/1/2013 to add party filer) (skh). Modified on 7/8/2013 to unseal Motion to Seal, Memorandum in Support and Motion to Compromise and Settle Claims pursuant to 92 Order. (jkk).

May 31, 2013

May 31, 2013

PACER
88

ORDER directing that J. Nicholas Barth is appointed as Guardian ad Litem for plaintiffs Anne Doe, Beth Doe and Carol Doe; directing that a settlement approval hearing will take place on 7/1/2013 at 2:00 p.m. in Charleston. Signed by Judge Joseph R. Goodwin on 6/6/2013. (cc: J. Nicholas Barth, counsel of record, any unrepresented party) (jkk)

June 6, 2013

June 6, 2013

PACER
89

ANSWER BY GUARDIAN AD LITEM by J. Nicholas Barth (Barth, J.)

June 27, 2013

June 27, 2013

PACER
90

SETTLEMENT HEARING held by Judge Joseph R. Goodwin on 7/1/2013 re: 87 JOINT MOTION by Anne Doe, Beth Doe, Carol Doe, Jane Doe, Wood County Board of Education to Seal Attachments to the Consent Decree; Court Reporter: Ayme Cochran. (rac)

July 1, 2013

July 1, 2013

PACER
91

CONSENT DECREE (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Certificate of Service)(Henry, Roxann) Modified on 7/8/2013 to unseal Consent Decree pursuant to 92 Order. (jkk)

July 3, 2013

July 3, 2013

PACER
92

ORDER granting in part and denying in part 87 JOINT MOTION to Seal; directing that Attachment A and Attachment B to the Consent Decree shall remain under seal; directing that the Consent Decree, the Joint Motion to Seal and the Memoranda of Law thereto, as well as the Plaintiffs' Motion to Compromise and Settle Claims shall be entered into the public record. Signed by Judge Joseph R. Goodwin on 7/8/2013. (cc: attys; any unrepresented party) (jkk)

July 8, 2013

July 8, 2013

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 2012

Closing Date: Aug. 6, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A mother and her three daughters attending a middle school that separated girls and boys for certain courses in certain grades.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wood County Board of Education, School District

Van Devender Middle School, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - 2018

Content of Injunction:

Discrimination Prohibition

Monitoring

Preliminary relief granted

Issues

General:

Classification / placement

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run