Case: G.G. [Gavin Grimm] v. Gloucester County School Board

4:15-cv-00054 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 11, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 11, 2015, Gavin Grimm, a sixteen-year-old transgender boy filed this lawsuit against the Gloucester County School Board in the U.S. District Court for the Eastern District of Virginia. The plaintiff, represented by the national and Virginia ACLU, proceeded under Title IX and 42 U.S.C. § 1983. He sought a preliminary and permanent injunction allowing him to use the boys' restroom at school, claiming that the school board's policy of requiring transgender students to use a private restroo…

On June 11, 2015, Gavin Grimm, a sixteen-year-old transgender boy filed this lawsuit against the Gloucester County School Board in the U.S. District Court for the Eastern District of Virginia. The plaintiff, represented by the national and Virginia ACLU, proceeded under Title IX and 42 U.S.C. § 1983. He sought a preliminary and permanent injunction allowing him to use the boys' restroom at school, claiming that the school board's policy of requiring transgender students to use a private restroom facility violated his rights under Title IX and the Fourteenth Amendment. Specifically, the plaintiff alleged that after he had used the boys' restroom with the school's permission for seven weeks without incident, the school board released a policy stating that students' access to restrooms was restricted based on their "biological gender" and that students who were unable to use the corresponding restroom because of "gender identity issues" were to use an alternative private facility. At the time, plaintiff was the only student at the school required to use the private facility.

The ACLU had previously filed a complaint with the U.S. Department of Justice (DOJ) on December 18, 2014, only days after the school board instituted the restroom policy. The ACLU's complaint stated that the school board's behavior was a violation of Title IX in that discrimination based on a person's transgender status is discrimination based on sex. Additionally, the complaint alleged that, since there had never been any complaints regarding the plaintiff, any privacy concerns were nothing more than irrational prejudice or stigma against transgender people.

On September 4, 2015, the court (Judge Robert Doumar) denied the plaintiff's motion for a preliminary injunction. Then on September 17, 2015, the court also granted the school board's motion to dismiss. The school board argued that discrimination based on gender identity is not sex discrimination, and therefore, not covered under Title IX. the court agreed, ruling that the plaintiff failed to state a valid claim under Title IX because schools are permitted to keep separate restrooms based on sex as long as the restrooms are comparable. The court also explained that it had denied plaintiff's motion for a preliminary injunction on the basis that allowing him to use the boys' restroom would violate other students' constitutional right to privacy. 132 F.Supp.3d 736.

The plaintiff appealed the court's denial of the preliminary injunction. In the Fourth Circuit, on October 28, 2015, the DOJ filed an amicus curiae brief in support of the plaintiff's appeal. The DOJ, citing a letter issued by the U.S. Department of Education (DOE), took the position that discrimination based on transgender status constitutes discrimination based on sex, denying a student access to the restroom that corresponds to their gender identity denies the student equal educational opportunity, and general invocations of privacy and safety do not override Title IX's prohibition on sex-based discrimination. This marked the first time the administration took this position in an appeals court.

On April 19, 2016, the Fourth Circuit reversed and vacated in part the district court’s ruling. The circuit court found that Title IX is ambiguous on how gender should be determined for purposes of finding impermissible sex discrimination. The court also found that the DOE’s interpretation of Title IX, which required schools to treat transgender students consistent with their gender identity, was the result of the agency’s fair and considered judgment, and was neither a convenient litigating position nor a post hoc rationalization. Based on those findings, the Fourth Circuit reversed the district court's grant of summary judgment to the school board, finding that the DOE’s interpretation was entitled to deference. The Fourth Circuit further found that the district court had improperly excluded evidence in deciding whether to grant the plaintiff preliminary injunctive relief. The Fourth Circuit then remanded the question of whether to grant the plaintiff injunctive relief with instructions to consider the improperly excluded evidence. 822 F.3d 709 (4th Cir. 2016).

The plaintiff had also asked for the case to be reassigned to a different judge on remand. He argued that various statements by Judge Doumar expressing opinions about medical facts and gender dysphoria indicated that the judge had pre-existing views that he would be unwilling to set aside in the face of contrary evidence about gender and sexuality. The Fourth Circuit denied reassignment, finding that there was insufficient evidence that Judge Doumar would refuse to consider and credit sound contrary evidence, and that his methods were idiosyncratic but not fundamentally unfair.

On May 31, 2016, the Fourth Circuit denied rehearing en banc; it also denied a stay of its mandate. 824 F.3d 450 (4th Cir. 2016).

On remand, on June 23, 2016, the district court issued an order granting the plaintiff a preliminary injunction allowing him to use the boys' restroom. The court, noting that the plaintiff had not asked for access to the boys' locker rooms, specified that the preliminary injunction was limited to plaintiff’s ability to access the boys' restrooms. 2016 WL 3581852.

On June 27, 2016, the defendants appealed the preliminary injunction, and asked it to be stayed pending the outcome of that appeal. The Fourth Circuit denied the stay on July 12, 2016. 654 Fed.Appx. 606.

The defendants then sought relief from the Supreme Court. On August 3, 2016, the Court granted the application to stay the district court's preliminary injunction. If the Supreme Court declined to hear the full case, the stay would automatically end; if the Supreme Court ultimately heard the full case, the stay would end once the Court made its final judgment. 136 S.Ct. 2442.

The school board then filed an unopposed motion to stay in the district court on August 18, 2016. The court granted this motion on August 31, 2016.

On August 29, 2016, the defendants sought full review of the case from the Supreme Court. Three questions were presented in this petition. First, whether the Court should retain the Auer doctrine, which allows deference to agencies’ regulations even when the regulations are ambiguous. Second, whether the Auer deference extends to an unpublished agency letter that does not carry the force of law. Third, whether the DOE’s Title IX interpretation is valid. On October 31, 2016, the Court agreed to hear the appeal of only the second and third questions presented. 137 S.Ct. 369.

On February 22, 2017, the new Trump administration withdrew the guidance that the Fourth Circuit had relied on in its rulings, and took no position on whether or how gender identity was covered under Title IX. Argument before the Supreme Court was set for March 28, 2017, but on March 6, the Court vacated the Fourth Circuit's judgment and remanded the case for further consideration in light of the government's change in position. 137 S.Ct. 1239.

On remand from the Supreme Court, on April 7, 2017, the Fourth Circuit vacated the preliminary injunction. 853 F.3d 729. It remanded the case back to the district court to determine whether the case was rendered moot by the original plaintiff's graduation. Back in district court, the was reassigned to Judge Arenda Wright Allen on June 6, 2017.

The plaintiff filed an amended complaint on August 22, 2017, alleging he would be subject to the School Board's policy as an alumnus. The defendant filed a motion to dismiss on September 22, 2017, alleging that the plaintiff failed to state a claim because the Board's locker room and restroom policy was consistent with Title IX and the Equal Protection Clause, and because alumni were not subject to the School Board's policies (which only apply to current students), this added claim was not a justiciable controversy. On October 26, 2017, Judge Arenda L. Wright Allen deferred a ruling on the defendant's motion to dismiss, pending resolution of the issue of mootness.

On November 2, 2017, the plaintiff filed a notice of consent to dismissal as to his third and fourth requests for relief. The plaintiff agreed to dismiss his request for prospective declaratory judgment and permanent injunctive relief, but maintained his request for retrospective declaratory judgment and nominal damages. Following this approved withdrawal of requested prospective relief, the defendant filed an amended motion to dismiss on January 5, 2018.

On May 22, 2018, the court denied the defendant’s motion to dismiss, finding that the plaintiff had sufficiently pled that the school board’s policy was not substantially related to protecting other students’ privacy rights, “because there were many other ways to protect privacy interests in a non-discriminatory and more effective manner.” She also found that the board’s argument that the policy did not discriminate against any one class of students was “resoundingly unpersuasive.”

On February 15, 2019, the plaintiff filed a second amended complaint that alleged additional facts regarding the defendant’s ongoing violations of the plaintiff’s rights. According to the second amended complaint, the plaintiff had obtained a Virginia court order declaring his sex as male and an updated birth certificate reflecting his sex as male. However, the plaintiff alleged that the defendant continued to refuse to update his official school transcript to match the male gender marker on his birth certificate.

On March 26, 2019, the plaintiff and the defendant separately filed motions for summary judgment. Specifically, the plaintiff sought permanent injunction requiring the Board to update his school records to reflect his male identity along with the summary judgment. On August 9, 2019, the court granted the plaintiff's motion for summary judgment and denied the defendant's motion for summary judgment. The court stated that in order to obtain relief for claims alleging a violation of Title IX, a plaintiff must demonstrate that (1) he or she was excluded from participation in an education program because of his or her sex; (2) the educational institution was receiving federal financial assistance at the time of his or her exclusion; and (3) the improper discrimination caused the plaintiff harm. The court found that the plaintiff demonstrated all three criteria. With respect to the Equal Protection Clause claim, the court held that intermediate scrutiny must be applied in analyzing claims of discrimination against transgender individuals. The court also granted the plaintiff's request for a permanent injunction. 400 F.Supp.3d 444

On August 30, 2019, the defendant appealed the case to the U.S. Court of Appeals for the Fourth Circuit (USCA Case Number 19-1952). The oral argument was held on May 26, 2020; the case is ongoing.

 

Summary Authors

Katherine Reineck (10/31/2015)

Ryan Berry (7/1/2016)

Abigail DeHart (2/13/2017)

Gabriela Hybel (2/7/2018)

Lisa Limb (5/7/2019)

Bogyung Lim (7/9/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4407029/parties/grimm-v-gloucester-county-school-board/


Judge(s)

Allen, Arenda Lauretta Wright (Virginia)

Breyer, Stephen Gerald (District of Columbia)

Doumar, Robert George (Virginia)

Floyd, Henry Franklin (South Carolina)

Krask, Robert J. (Virginia)

Miller, Douglas E. (Kentucky)

Niemeyer, Paul Victor (Maryland)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Cooper, Leslie (New York)

Judge(s)

Allen, Arenda Lauretta Wright (Virginia)

Breyer, Stephen Gerald (District of Columbia)

Doumar, Robert George (Virginia)

Floyd, Henry Franklin (South Carolina)

Krask, Robert J. (Virginia)

Miller, Douglas E. (Kentucky)

Niemeyer, Paul Victor (Maryland)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Cooper, Leslie (New York)

Deady, Gail (Virginia)

Duncan, S. Kyle (District of Columbia)

Esseks, James Dixon (New York)

Gastanaga, Claire Guthrie (Virginia)

Glenberg, Rebecca (Virginia)

Heilman, Eden B. (Louisiana)

Medley-Warsoff, Shayna (New York)

Melling, Louise (New York)

Mitchell, Jonathan F. (Texas)

Safstrom, Jennifer (Virginia)

Sauer, Dean John (District of Columbia)

Schaerr, Gene C. (District of Columbia)

Shapiro, Steven R. (New York)

Tortoriello, Nicole (Virginia)

Attorneys(s) for Defendant

Capps, Jeremy David (Virginia)

Corrigan, David P. (Virginia)

Fisher, Maurice Scott Jr. (Virginia)

Pittman, Douglas Edward (Virginia)

Other Attorney(s)

Cox, Trevor Stephen (Virginia)

DeWine, Michael (Ohio)

Flynn, Diana K. (District of Columbia)

Fox, Timothy C. (Montana)

Hawley, Joshua D. (District of Columbia)

Hood, Jim (Mississippi)

Jackley, Marty J. (South Dakota)

Johnson, Thomas (District of Columbia)

Lill, Victoria (District of Columbia)

Lin, Elbert (District of Columbia)

Lopez, Francisco (District of Columbia)

McGowan, Sharon M. (District of Columbia)

Morrisey, Patrick (West Virginia)

Pruitt, E. Scott (Oklahoma)

Raphael, Stuart Alan (Virginia)

Santos, Vanessa (District of Columbia)

Schmidt, Derek (Kansas)

Schuette, Bill (Michigan)

Strange, Luther J (Alabama)

Tucker, Michelle (District of Columbia)

Wasden, Lawrence G. (Idaho)

Wilson, Alan (South Carolina)

Wuerker, Clare Patricia (Virginia)

Expert/Monitor/Master

Monta, Christine A. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

G.G. v. Gloucester County School Board

Sept. 27, 2019 Docket

Complaint to Department of Justice

G.G. v. Gloucester County School Board

No Court

Dec. 18, 2014 Complaint

Press Release

G.G. v. Gloucester County School Board

No Court

Dec. 19, 2014 Press Release
8

Complaint

G.G. v. Gloucester County School Board

June 11, 2015 Complaint
57

Memorandum Opinion

G.G. v. Gloucester County School Board

132 F.Supp.3d 736, 2015 WL 5560190

Sept. 17, 2015 Order/Opinion

Department of Justice's Amicus Curiae Brief (4th Cir.)

G.G. v. Gloucester County School Board

U. S. Court of Appeals for the Fourth Circuit

Oct. 28, 2015 Pleading / Motion / Brief
62

Opinion [Court of Appeals]

U. S. Court of Appeals for the Fourth Circuit

822 F.3d 709, 2016 WL 1567467

April 19, 2016 Order/Opinion
69

Order [on Plaintiff's Motion for Preliminary Injunction]

G.G. v. Gloucester School Board

2016 WL 3581852

June 23, 2016 Order/Opinion
78

Order

Grimm v. Gloucester County School Board

U. S. Court of Appeals for the Fourth Circuit

July 12, 2016 Order/Opinion

Order [On Application to Recall and Stay]

G.G. v. Gloucester County School Board

Supreme Court of the United States

Aug. 3, 2016 Order/Opinion

Resources

Title Description External URL

Examples of Policies and Emerging Practices for Supporting Transgender Students

United States Department of Education

May 1, 2016 https://www2.ed.gov/about/offices/list/oese/oshs/emergingpractices.pdf

Dear Colleague Letter on Transgender Students

Catherine E. Lhamon and Vanita Gupta

May 13, 2016 https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf

G.G. V. Gloucester County School Board -- ACLU's Case Page

ACLU

The American Civil Liberties Union and the ACLU of Virginia filed a lawsuit against the Gloucester County School Board for adopting a discriminatory bathroom policy that segregates transgender studen… Oct. 16, 2016 http://www.scotusblog.com/case-files/cases/gloucester-county-school-board-v-g-g/

Gloucester County School Board v. G.G. [Scotusblog page]

Issues: (1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in whic… Feb. 7, 2017 http://www.scotusblog.com/case-files/cases/gloucester-county-school-board-v-g-g/

Gloucester County School Board v. G.G.

SCOTUSBlog

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the 4th Circuit for further consideration in light of the guidance document issued by the Department of Edu… March 6, 2017 https://www.scotusblog.com/case-files/cases/gloucester-county-school-board-v-g-g/

Gavin Grimm v. Gloucester County School Board

Constitutional Accountability Center

In Gavin Grimm v. Gloucester County School Board, the United States District Court for the Eastern District of Virginia is considering whether the Gloucester County (Virginia) School Board’s policy, … May 12, 2017 https://www.theusconstitution.org/litigation/gavin-grimm-v-gloucester-county-school-board/

Gavin Grimm v. Gloucester County School Board

Freedom For All Americans

Gavin Grimm v. Gloucester County School Board is a case concerning discrimination based on gender identity or expression in schools. After allowing him to use the boys’ restroom for seven months, Glo… Aug. 12, 2019 https://freedomforallamericans.org/gavin-grimm-v-gloucester-county-school-board/

Grimm v. Gloucester County School Board

American Civil Liberties Union

The American Civil Liberties Union and the ACLU of Virginia filed a lawsuit against the Gloucester County School Board for adopting a discriminatory bathroom policy that segregates transgender studen… Nov. 27, 2019 https://www.aclu.org/cases/grimm-v-gloucester-county-school-board

Grimm v. Gloucester County School Board

ACLU

Gavin Grimm sued his school board for excluding him the restrooms any other boy in his school would use — simply because he is transgender. Aug. 26, 2020 https://www.aclu.org/cases/grimm-v-gloucester-county-school-board

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4407029/grimm-v-gloucester-county-school-board/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
2

Sealed Complaint per 1 Order entered on 6.16.15. (Attachments: # 1 Exhibit A) # 2 Civil Cover Sheet, # 3 Letter, # 4 Receipt) (epri). (Entered: 06/16/2015)

1 *Restricted*

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2 Civil Cover Sheet

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3 Letter

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4 Receipt

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June 11, 2015 PACER
3

Sealed Declaration of G.G. Document re 2 Sealed Complaint. (Attachments: # 1 Exhibit A)(epri) (Entered: 06/16/2015)

June 11, 2015 PACER
4

Sealed Expert Declaration of Randi Ettner, Ph.D. re 2 Sealed Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(epri) (Entered: 06/16/2015)

June 11, 2015 PACER
5

SEALED PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, by G. G. (epri) (Entered: 06/16/2015)

June 11, 2015 PACER
6

SEALED PLAINTIFF'S MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF THIRTY PAGES by G. G. (epri) (Entered: 06/16/2015)

June 11, 2015 PACER
7

Sealed Memorandum in Support of Plaintiff's Motion for Leave to File a Brief in Excess of Thirty Pages re 5 SEALED PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, by G. G 6 SEALED PLAINTIFF'S MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF THIRTY PAGES by G. G. (Attachments: # 1 Proposed Memorandum of law in support of Plaintiff's Motion for Preliminary Injunction)(epri) (Entered: 06/16/2015)

June 11, 2015 PACER
8

COMPLAINT (Redacted) against Gloucester County School Board ( Filing fee $ 400, receipt number 24683027454.), filed by G. G. (Attachments: # 1 Civil Cover Sheet (Redacted), # 2 Letter (Redacted), # 3 Receipt)(epri) (Entered: 06/16/2015)

1 Civil Cover Sheet (Redacted)

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2 Letter (Redacted)

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3 Receipt

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June 11, 2015 RECAP
9

Declaration of G. G. re 8 Complaint (epri) (Entered: 06/16/2015)

June 11, 2015 PACER
10

Expert Declaration of Randi Ettner, Ph.D Preliminary Statement re 8 Complaint (epri) (Entered: 06/16/2015)

June 11, 2015 PACER
11

PLAINTIFF'S MOTION for Preliminary Injunction by G. G. (epri) (Entered: 06/16/2015)

June 11, 2015 RECAP
12

PLAINTIFF'S MOTION for Leave to File Brief in excess of thirty pages by G. G. (epri) (Entered: 06/16/2015)

June 11, 2015 PACER
13

Memorandum in Support of Plaintiff's Motion for Leave to File a Brief in Excess of Thirty Pages re 11 PLAINTIFF'S MOTION for Preliminary Injunction 12 PLAINTIFF'S MOTION for Leave to File Brief in excess of thirty pages filed by G. G. (Attachments: # 1 Proposed Memorandum of law in support of Plaintiff's Motion for Preliminary Injunction)(epri) (Entered: 06/16/2015)

1 Proposed Memorandum of law in support of Plaintiff's Motion for Preliminar

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June 11, 2015 RECAP
1

Sealed ORDER Signed by District Judge Robert G. Doumar on 6/15/2015. (epri) (Entered: 06/16/2015)

June 16, 2015 PACER
14

One Summons, with service copy, Issued as to Gloucester County School Board. (Attachments: # 1 Civil Motions Procedures)(epri) (Entered: 06/16/2015)

June 16, 2015 PACER
15

Motion to appear Pro Hac Vice by Joshua Abraham Block and Certification of Local Counsel Rebecca Kim Glenberg Filing fee $ 75, receipt number 0422-4501488. by G. G.. (Glenberg, Rebecca) (Entered: 06/17/2015)

June 17, 2015 PACER
16

Motion to appear Pro Hac Vice by Leslie Jill Cooper and Certification of Local Counsel Rebecca Kim Glenberg Filing fee $ 75, receipt number 0422-4501506. by G. G.. (Glenberg, Rebecca) (Entered: 06/17/2015)

June 17, 2015 PACER
17

ORDER granting 12 Motion for Leave to File a brief in excess of thirty pages in support of the plaintiff's motion for a preliminary injunction.. Signed by Magistrate Judge Tommy E. Miller on 6/17/2015. (Miller, Tommy) (Entered: 06/17/2015)

June 17, 2015 PACER
18

Memorandum in Support re 11 MOTION for Preliminary Injunction filed by G. G.. (Deady, Gail) (Entered: 06/18/2015)

June 18, 2015 RECAP
19

Request for Hearing by G. G. re 11 MOTION for Preliminary Injunction (Deady, Gail) (Entered: 06/18/2015)

June 18, 2015 PACER
20

ORDER granting 15 Motion for Pro hac vice for Joshua Abraham Block as to G. G.. Signed by District Judge Robert G. Doumar on 6/23/15. (tlev, ) (Entered: 06/24/2015)

June 23, 2015 PACER
21

ORDER granting 16 Motion for Pro hac vice for Leslie Jill Cooper as to G. G.. Signed by District Judge Robert G. Doumar on 6/23/15. (tlev, ) (Entered: 06/24/2015)

June 23, 2015 PACER
22

AFFIDAVIT of Service by G. G. (bgra, ). (Entered: 06/29/2015)

June 29, 2015 RECAP
23

NOTICE of Appearance by David P. Corrigan on behalf of Gloucester County School Board (Corrigan, David) (Entered: 06/29/2015)

June 29, 2015 PACER
24

NOTICE of Appearance by Jeremy David Capps on behalf of Gloucester County School Board (Capps, Jeremy) (Entered: 06/29/2015)

June 29, 2015 PACER
25

NOTICE of Appearance by Maurice Scott Fisher, Jr on behalf of Gloucester County School Board (Fisher, Maurice) (Entered: 06/29/2015)

June 29, 2015 PACER
26

MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction by Gloucester County School Board. (Fisher, Maurice) (Entered: 06/29/2015)

June 29, 2015 PACER
27

RESPONSE to Motion re 26 MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction filed by G. G.. (Glenberg, Rebecca) (Entered: 06/29/2015)

June 29, 2015 PACER
28

Statement of Interest of The United States by The United States. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(bgra) (Entered: 06/29/2015)

1 Exhibit A

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2 Exhibit B

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June 29, 2015 RECAP

Motion Hearing as to 11 MOTION for Preliminary Injunction set for 7/20/2015 at 02:30 PM in Norfolk Mag Courtroom 1 before District Judge Robert G. Doumar. (lbax, )

June 30, 2015 PACER

Set Motion and R&R Deadlines/Hearings

June 30, 2015 PACER

MOTIONS REFERRED to Magistrate Judge: Tommy E. Miller. 26 MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction (bgra)

June 30, 2015 PACER

Motions Referred

June 30, 2015 PACER
29

ORDER granting 26 Motion for Extension of Time to File Response/Reply re 11 MOTION for Preliminary Injunction. Response due July 7, 2015.Signed by Magistrate Judge Tommy E. Miller on 6/30/2015. (bgra) (Entered: 06/30/2015)

June 30, 2015 PACER
30

Opposition to 11 MOTION for Preliminary Injunction filed by Gloucester County School Board. (Attachments: # 1 Exhibit Exhibit A -, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Corrigan, David) (Entered: 07/07/2015)

1 Exhibit Exhibit A -

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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July 7, 2015 RECAP
31

MOTION to Dismiss for Failure to State a Claim by Gloucester County School Board. (Corrigan, David) (Entered: 07/07/2015)

July 7, 2015 RECAP
32

Brief in Support to 31 MOTION to Dismiss for Failure to State a Claim filed by Gloucester County School Board. (Attachments: # 1 Exhibit Exhibit 1)(Corrigan, David) (Entered: 07/07/2015)

1 Exhibit Exhibit 1

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July 7, 2015 RECAP
33

CERTIFICATE of Service re 30 Opposition by David P. Corrigan on behalf of Gloucester County School Board (Corrigan, David) (Entered: 07/07/2015)

July 7, 2015 PACER
34

CERTIFICATE of Service re 31 MOTION to Dismiss for Failure to State a Claim by David P. Corrigan on behalf of Gloucester County School Board (Corrigan, David) (Entered: 07/07/2015)

July 7, 2015 PACER
35

CERTIFICATE of Service re 32 Brief in Support by David P. Corrigan on behalf of Gloucester County School Board (Corrigan, David) (Entered: 07/07/2015)

July 7, 2015 PACER
36

MOTION for Hearing re 31 MOTION to Dismiss for Failure to State a Claim by Gloucester County School Board. (Corrigan, David) Mo (Entered: 07/08/2015)

July 8, 2015 PACER
37

Brief in Support to 36 MOTION for Hearing (Corrigan, David) Modified docket text on 7/8/2015 (ccol); Modified docket text to correct linkage to motion on 7/10/2015 (bgra). (Entered: 07/08/2015)

July 8, 2015 RECAP
38

RESPONSE in Opposition re 36 MOTION for Hearing re 31 MOTION to Dismiss for Failure to State a Claim filed by G. G.. (Glenberg, Rebecca) (Entered: 07/08/2015)

July 8, 2015 RECAP
39

Motion to appear Pro Hac Vice by Victoria Lill and Certification of Local Counsel Clare P. Wuerker by The United States. (Attachments: # 1 Exhibit Pro Hac Vice Application)(Wuerker, Clare) (Entered: 07/10/2015)

July 10, 2015 PACER
40

Reply to Motion re 36 MOTION for Hearing re 31 MOTION to Dismiss for Failure to State a Claim filed by Gloucester County School Board. (Corrigan, David) (Entered: 07/10/2015)

July 10, 2015 RECAP

Notice of Correction

July 13, 2015 PACER
41

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction filed by G. G.. (Attachments: # 1 Exhibit A)(Deady, Gail) (Entered: 07/13/2015)

1 Exhibit A

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July 13, 2015 RECAP

Notice of Correction: The filing user has been notified to file a separate Certificate of Service. re 41 Reply to Response to Motion (bgra)

July 13, 2015 PACER
42

ORDER granting 39 Motion for Pro hac vice for Victoria Lill as to The United States. Signed by District Judge Robert G. Doumar on 7/15/15. (tlev, ) (Entered: 07/16/2015)

July 16, 2015 PACER
43

CERTIFICATE of Service re 41 Reply, Reply to Response to Motion by Gail Marie Deady on behalf of G. G. (Deady, Gail) (Entered: 07/16/2015)

July 16, 2015 PACER
44

RESPONSE in Opposition re 31 MOTION to Dismiss for Failure to State a Claim filed by G. G.. (Attachments: # 1 Exhibit A - Tudor Opinion, # 2 Exhibit B - Tudor Intervenor Complaint)(Glenberg, Rebecca) (Entered: 07/16/2015)

July 16, 2015 PACER

Reset Hearing as to 31 MOTION to Dismiss for Failure to State a Claim, and Motions :. Motion Hearing reset for 7/27/2015 at 11:00 AM in Norfolk Grand Jury Courtroom before District Judge Robert G. Doumar. (ptom, )

July 17, 2015 PACER

Set Motion and R&R Deadlines/Hearings

July 17, 2015 PACER
45

ORDER: This Court will hear the fully briefed Motion to Dismiss before it will consider any other motions. The hearing set on July 20, 2015, is hereby VACATED, and no motions will be heard at that time. Instead, all motions then pending and responded to will be heard on July 27, 2015 at11:00 a.m. in this Court. Copies distributed to all counsel of record. re 36 Motion for Hearing. Signed by District Judge Robert G. Doumar on 7/16/2015. (bgra) (Entered: 07/17/2015)

July 17, 2015 PACER

Reset Hearing as to 31 MOTION to Dismiss for Failure to State a Claim, and Motions. Motion Hearing set for 7/27/2015 at 11:00 AM in Norfolk Mag Courtroom 1 before District Judge Robert G. Doumar. (Courtroom change from Grand Jury Room to Mag Courtroom 1) (ptom, )

July 17, 2015 PACER
46

Reply to Motion re 31 MOTION to Dismiss for Failure to State a Claim, REPLY to Response to Motion, Reply filed by Gloucester County School Board. (Corrigan, David) (Entered: 07/22/2015)

July 22, 2015 RECAP
47

Motion Hearing before District Judge Robert G. Doumar held on 7/27/2015 re 11 MOTION for Preliminary Injunction filed by G.G., 31 MOTION to Dismiss for Failure to State a Claim filed by Gloucester County School Board. Appearances: Rebecca K. Glenberg, Gail Deady, Leslie J. Cooper and Joshua A. Block appeared for the Plaintiff. David P. Corrigan and Jeremy D. Capps appeared for the Defendant. Clare P. Wuerker and Victoria Lill appeared on behalf of the Interested Party, The United States. Arguments of counsel. Comments of Court. The Court DISMISSED the Title IX claim but takes the remainder of the motions under advisement. The Court will issue a written opinion as to its findings. The Defendants will have 21 days from the filing of the Court's opinion to file an answer. The case will be referred for scheduling at that time. Court adjourned. (Court Reporter Heidi Jeffreys, OCR.)(lbax, ) (Entered: 07/28/2015)

July 27, 2015 PACER
49

Transcript Redaction Request re 48 Transcript,,, by attorney Rebecca Kim Glenberg. (Glenberg, Rebecca) (Entered: 07/30/2015)

July 30, 2015 PACER
50

Redacted Version of 48 Transcript (afar) (Entered: 07/31/2015)

July 31, 2015 PACER
51

ORDER: The Court ORDERS that G.G.'s identifying information, as shownon page fifteen (15) of the transcript of the June 27. 2015 hearing, lines fourteen (14). fifteen (15), sixteen (16). and eighteen (18), shall be under seal. The Court further ORDERS that this identifying information shall not be released by the Clerk or any party or individual without a specific order of the Court. Copy of Order provided to all counsel of record. Signed by District Judge Robert G. Doumar on 7/31/2015. (bgra) (Entered: 07/31/2015)

July 31, 2015 PACER

Case Reassigned to Magistrate Judge Douglas E. Miller. Magistrate Judge Tommy E. Miller no longer assigned to the case. (afar)

Sept. 3, 2015 PACER

Case Assigned/Reassigned

Sept. 3, 2015 PACER
53

ORDER - DENIES 11 Plaintiff's Motion for Preliminary Injunction. Signed by District Judge Robert G. Doumar on 9/4/15. (afar) (Entered: 09/04/2015)

Sept. 4, 2015 PACER
54

NOTICE OF APPEAL as to 53 Order on Motion for Preliminary Injunction by G. G.. Filing fee $ 505, receipt number 0422-4626161. (Glenberg, Rebecca) (Entered: 09/08/2015)

Sept. 8, 2015 RECAP
55

Transmission of Notice of Appeal to US Court of Appeals re 54 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: # 1 Notice of Appeal)(bgra) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
56

USCA Case Number 15-2056 4CCA Case Manager Jennifer Rice for 54 Notice of Appeal filed by G. G. (15-2056) (bgra) (Entered: 09/10/2015)

Sept. 10, 2015 PACER
57

MEMORANDUM OPINION - the Court GRANTED the Motion to Dismiss as to Count II, Plaintiff's claim under Title IX, and DENIED the Plaintiff's Motion for Preliminary Injunction. Signed by District Judge Robert G. Doumar on 9/17/15. (afar) (Entered: 09/17/2015)

Sept. 17, 2015 RECAP
58

Consent MOTION for Leave to File Corrected Copies of Redacted Documents by G. G.. (Attachments: # 1 Corrected Decl. of G.G., # 2 Corrected Decl. of Dr. Ettner)(Deady, Gail) (Entered: 09/22/2015)

Sept. 22, 2015 PACER

MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. 58 Consent MOTION for Leave to File Corrected Copies of Redacted Documents (bgra)

Sept. 23, 2015 PACER

Motions Referred

Sept. 23, 2015 PACER
59

ORDER granting 58 Motion for Leave to File Corrected Copies of Redacted Exhibits. The corrected copies attached to the Motion (ECF Nos. 58-1 and 58-2) may be filed as substitutes for the redacted Declarations of G.G. and Dr. Randi Ettner originally filed in support of the Motion for Preliminary Injunction (ECF Nos. 9 and 10). Signed by Magistrate Judge Douglas E. Miller on October 1, 2015. (Miller, Douglas) (Entered: 10/01/2015)

Oct. 1, 2015 PACER
60

Declaration re 9 Declaration - Corrected by G. G.. (Deady, Gail) (Entered: 10/05/2015)

Oct. 5, 2015 PACER
61

Declaration re 10 Declaration - Corrected by G. G.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Deady, Gail) (Entered: 10/05/2015)

Oct. 5, 2015 PACER
62

Published Opinion of USCA (Copy): Reversed in part, Vacated in part, and Remanded. re 54 Notice of Appeal attached copy of judgment will not take effect until issuance of the mandate. (15-2056) (bgra) (Entered: 04/19/2016)

April 19, 2016 RECAP
63

USCA JUDGMENT as to 54 Notice of Appeal filed by G. G.: In accordance with the decision of this court, the judgment of the district court is reversed in part and vacated in part. This case is remanded to the district court for further proceedings consistent with the court's decision.This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (15-2056) (bgra) (Entered: 04/19/2016)

April 19, 2016 RECAP
64

STAY OF MANDATE: Under Fed. R. App. P. 41(d)(1), the timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. as to 54 Notice of Appeal filed by G.G. (cchr) (Entered: 05/03/2016)

May 3, 2016 RECAP
65

PUBLISHED ORDER of USCA : denying Motion for rehearing en banc 54 Notice of Appeal filed by G. G. (15-2056) (bgra) (Entered: 06/01/2016)

May 31, 2016 RECAP
66

STAY OF MANDATE re 54 Notice of Appeal : Under Fed. R. App. P. 41(d)(1), the timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. (15-2056) (bgra) (Entered: 06/08/2016)

June 7, 2016 PACER
67

ORDER of USCA as to 54 Notice of Appeal filed by G. G. Upon consideration of the motion to stay mandate pending filing of petition for writ of certiorari, the court denies the motion. Judge Floyd and Senior Judge Davis voted to deny the motion. Judge Niemeyer voted to grant the motion. (15-2056) (bgra) (Entered: 06/09/2016)

June 9, 2016 RECAP
68

USCA Mandate re 54 Notice of Appeal. The judgment of this court, entered 4/19/2016, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (15-2056) (bgra) (Entered: 06/17/2016)

June 17, 2016 RECAP

Rule 16(b) Scheduling Conference set for 6/29/2016 at 10:00 AM in Norfolk Grand Jury Courtroom before District Judge Robert G. Doumar. (lbax, )

June 23, 2016 PACER

Set/Reset Hearings

June 23, 2016 PACER
69

ORDER: Based on the evidence submitted through declarations previously proffered for the purpose of the hearing on the Preliminary Injunction, this Court, pursuant to Title IX, hereby ORDERS that Gloucester County School Board permit the plaintiff, G.G., to use the boys' restroom at Gloucester High School until further order of this Court. Copy of Order delivered to all counsel of record. Signed by District Judge Robert G. Doumar on 6/23/2016. (bgra) (Entered: 06/23/2016)

June 23, 2016 RECAP
70

NOTICE OF APPEAL as to 69 Order, by Gloucester County School Board. Filing fee $ 505, receipt number 0422-5050850. (Corrigan, David) (Entered: 06/27/2016)

June 27, 2016 PACER

Transmission of Notice of Appeal to US Court of Appeals re 70 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (bgra)

June 28, 2016 PACER

Transmission of Notice of Appeal to 4CCA

June 28, 2016 PACER
71

MOTION to Stay re 69 Order, Pending Appeal by Gloucester County School Board. (Corrigan, David) (Entered: 06/28/2016)

June 28, 2016 PACER
72

Memorandum in Support re 71 MOTION to Stay re 69 Order, Pending Appeal filed by Gloucester County School Board. (Corrigan, David) (Entered: 06/28/2016)

June 28, 2016 RECAP

Scheduling Conference - Rule 16b held on 6/29/2016 before District Judge Robert G. Doumar: Rebecca Glenberg and Joshua block present on behalf of the plaintiff; David Corrigan and Jeremy Capps present on behalf of the defendant; Comments of Court and Counsel; Court directed counsel to file a response to motion by 7/1/16. Trial date selected; Discovery schedule reviewed. Order to follow. Court adjourned. (Court Reporter Heidi Jeffreys.)(lhow, )

June 29, 2016 PACER

Scheduling Conference - Rule 16b

June 29, 2016 PACER
73

Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 1/19/2017 at 10:00 AM in Norfolk. Bench Trial set for 1/31/2017 at 10:00 AM in Newport News. Signed by District Judge Robert G. Doumar & filed on 6/30/16. (ptom, ) (Entered: 06/30/2016)

June 30, 2016 PACER
74

USCA Case Number 16-1733 4CCA - Case Manager Jennifer Rice for 70 Notice of Appeal filed by Gloucester County School Board. [16-1733] (cchr) (Entered: 06/30/2016)

June 30, 2016 PACER
75

RESPONSE to Motion re 71 MOTION to Stay re 69 Order, Pending Appeal filed by G. G.. (Glenberg, Rebecca) (Entered: 07/01/2016)

July 1, 2016 PACER
76

ORDER denying 71 Motion to Stay. This Court is bound by the Judgment of the Court of Appeals. The Court of Appeals' actions in denying a rehearing en banc and a stay of its mandate indicate that it desires that its Judgment take effect immediately. The Court of Appeals itself is bound by its own prior precedents. Although Defendant has filed an appeal of the Preliminary Injunction, the Court of Appeals' prior opinion in this case will control in that appeal. This Court believes that based on the law as laid out in that opinion and the evidence submitted by declarations in this case, thePreliminary Injunction was warranted. There are no grounds for a stay. Accordingly, the Court DENIES the Motion for Stay Pending Appeal. ECF No. 71. Signed by District Judge Robert G. Doumar on 7/6/2016. (bgra) (Entered: 07/06/2016)

July 6, 2016 RECAP
77

ANSWER to 8 Complaint by Gloucester County School Board.(Corrigan, David) (Entered: 07/06/2016)

July 6, 2016 RECAP

Jury Trial set for 1/31/2017 at 10:00 AM in Newport News Courtroom 1 before District Judge Robert G. Doumar. (lbax, )

July 7, 2016 PACER

Set/Reset Hearings

July 7, 2016 PACER
78

ORDER of USCA as to 70 : Upon consideration of submissions relative to the motion of appellant for stay pending appeal, the court denies the motion.Entered at the direction of Judge Floyd. Senior Judge Davis wrote an opinion concurring in the denial of a stay pending the filing of, and action on, a petition for certiorari. Judge Niemeyer wrote an opinion dissenting from the denial of a stay pending appeal. Notice of Appeal filed by Gloucester County School Board (16-1733) (bgra) (Entered: 07/14/2016)

July 12, 2016 RECAP
79

SUPREME COURT REMARK: The application to recall and stay the mandate of the United States Court of Appeals for the Fourth Circuit in case No. 152056, presented to THE CHIEF JUSTICE and by him referred to the Court, is granted and the preliminary injunction entered by the United States District Court for the Eastern District of Virginia on June 23, 2016, is hereby stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the judgment of this Court. (15-2056)(bgra) (Entered: 08/04/2016)

Aug. 3, 2016 PACER
80

MOTION to Stay by Gloucester County School Board. (Corrigan, David) (Entered: 08/18/2016)

Aug. 18, 2016 PACER
81

Brief in Support to 80 MOTION to Stay filed by Gloucester County School Board. (Corrigan, David) (Entered: 08/18/2016)

Aug. 18, 2016 RECAP

State / Territory: Virginia

Case Type(s):

Education

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: June 11, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender male high school student who wanted to use the boys' restroom at school.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Gloucester County School Board (Newport News, Gloucester), 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)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Discrimination-basis:

Gender identity

Sex discrimination

Type of Facility:

Government-run