Case: Texas v. United States

7:16-cv-00054 | U.S. District Court for the Northern District of Texas

Filed Date: May 25, 2016

Closed Date: March 3, 2017

Clearinghouse coding complete

Case Summary

This lawsuit is part of an ongoing legal battle, across several cases, over allowing transgender individuals access to public facilities matching their gender identities. With eleven states joining together to challenge the DOJ, DOE, EEOC, and DOL over their interpretations of antidiscrimination statutes, it represents the broadest challenge to date of the Obama administration’s position that transgender individuals should have access to bathrooms, changing rooms, and other public facilities an…

This lawsuit is part of an ongoing legal battle, across several cases, over allowing transgender individuals access to public facilities matching their gender identities. With eleven states joining together to challenge the DOJ, DOE, EEOC, and DOL over their interpretations of antidiscrimination statutes, it represents the broadest challenge to date of the Obama administration’s position that transgender individuals should have access to bathrooms, changing rooms, and other public facilities and services that are in accordance with their gender identities.

The eleven states filed this suit in response to the heightened debate over transgender rights that began after the North Carolina passed House Bill 2 (HB2), on March 23, 2016. The law prohibited municipalities from enacting antidiscrimination policies, curtailed private right of action to enforce antidiscrimination statutes in state courts, required that in restroom and changing facility access in government buildings be restricted based on biological sex, and formally changed the definition of sex in the state's antidiscrimination law to "the physical condition of being male or female, which is stated on a person's birth certificate,” which prevents discrimination against transgender people from being classified as a type of sex discrimination. The law sparked widespread condemnation from progressives, and a lawsuit from the ACLU, in North Carolina. It also prompted the DOJ to send a letter to North Carolina Governor Pat McCrory on May 4, 2016, informing him that they believe the law violates federal law and requesting that the governor not enforce it. After McCrory responded to their letter with a lawsuit against the DOJ on May 9, the DOJ brought its own lawsuit against North Carolina in the Middle District of North Carolina, arguing that HB2 violated Title IX of the Education Amendments Act of 1972, Title VII of the Civil Rights Act of 1964, and the Violence Against Women Re-Authorization Act (VAWA).

The lawsuit that the DOJ brought against North Carolina threatens the state with a potential loss of millions of dollars in federal aid if the state is found to be non-compliant with the statutes cited. The eleven states that are plaintiffs in this case feared similar action by the DOJ against themselves, and so on May 25, 2016, they filed this lawsuit against the DOJ and against all other agency rules and guidance stating that antidiscrimination statutes require states to provide transgender individual access to public accommodations consonant with their gender identities. They filed their lawsuit in the Northern District Court of Texas, seeking declaratory and injunctive relief under 28 U.S.C. § 2201 (Declaratory Judgement Act), 5 U.S.C. § 706 (Administrative Procedure Act), and 5 U.S.C. § 611 (Regulatory Flexibility Act). Specifically, they asked the court to find that the agencies have violated federal law and the Constitution and to issue an injunction preventing the agencies rules, regulations, and guidance on the subject from having legal force.

The judge issued an order granting the preliminary injunction on August 21, 2016. 201 F. Supp. 3d 810. The order found that the action was reviewable and plaintiffs had standing. The judge also held that the Department of Education was not entitled to deference because Title IX was not ambiguous and referred to biological sex. The district court further clarified the preliminary injunction on October 18, 2016, ruling that the injunction did apply nationwide. 2016 WL 7852331. The preliminary injunction and clarification were appealed to the Fifth Circuit Court of Appeals on October 21, 2016 (Docket No. 16-1534).

The district court denied a stay on the injunction on November 20, 2016, finding that the defendants were unlikely to succeed on appeal and suffered no irreparable harm. 2016 WL 7852330.

After the change in presidential administrations, the DOJ and DOE issued new guidance that withdrew the previous guidance on transgender access to public facilities. That guidance can be found below. On March 2, 2017, the government filed an unopposed motion to withdraw the appeal, which was granted. The case was dismissed in the district court without prejudice on March 3, 2017.

Summary Authors

Ryan Berry (6/16/2016)

David Smellie (4/19/2017)

Related Cases

Rhames v. United States of America, Northern District of Texas (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4391804/parties/state-of-texas-v-united-states-of-america/


Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Brnovich, Mark (Arizona)

Carr, Christopher M. (Georgia)

Hunter, Mike (Oklahoma)

Keller, Scott A. (Texas)

Landry, Jeff (Louisiana)

Leonie, Andrew D. (Texas)

Marshall, Steven T. (Alabama)

Mateer, Jeffrey C. (Texas)

Morrisey, Patrick (West Virginia)

Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Brnovich, Mark (Arizona)

Carr, Christopher M. (Georgia)

Hunter, Mike (Oklahoma)

Keller, Scott A. (Texas)

Landry, Jeff (Louisiana)

Leonie, Andrew D. (Texas)

Marshall, Steven T. (Alabama)

Mateer, Jeffrey C. (Texas)

Morrisey, Patrick (West Virginia)

Nimocks, Austin R. (District of Columbia)

Paxton, Ken (Texas)

Readler, Chad Andrew (District of Columbia)

Reyes, Sean D. (Utah)

Schimel, Brad D. (Wisconsin)

Slatery, Herbert III (Tennessee)

Starr, Brantley David (Texas)

Stonedale, Joel (Texas)

Toth, Michael C. (Texas)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Bickford, James (Massachusetts)

Dover, Marleigh D. (District of Columbia)

Flentje, August E. (District of Columbia)

Gupta, Vanita (District of Columbia)

Hacker, David J. (Texas)

Lhamon, Catherine (California)

Lieber, Sheila M. (District of Columbia)

Lynch, Loretta (New York)

Mizer, Benjamin C. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Sandberg, Jeffrey E. (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Castillo, Paul D. (Texas)

Copsey, Alan D. (Washington)

Galindo, Marie Eisela (Texas)

Thomas-Jensen, Molly Anne (New York)

Tripp, Karen Bryant (Texas)

Upton, Kenneth D. (Texas)

Young, Ezra (New York)

Younger, Cally Ann (Idaho)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Texas v. U.S.

March 3, 2017 Docket

Letter on Transgender Students

No Court

May 13, 2016 Correspondence
1

Complaint [including exhibits 5,11,12]

State of Texas v. U.S.

May 25, 2016 Complaint
6

Amended Complaint

Texas v. U.S.

June 15, 2016 Complaint
58

Preliminary Injunction Order

State of Texas v. United States

201 F.Supp.3d 810

Aug. 21, 2016 Order/Opinion
86

Order

State of Texas v. United States

2016 WL 7852331

Oct. 19, 2016 Order/Opinion
88

Notice of Appeal

State of Texas v. United States

Oct. 20, 2016 Pleading / Motion / Brief
100

Order

State of Texas v. United States

2016 WL 7852330

Nov. 20, 2016 Order/Opinion
BL-48

Plaintiffs-Appellees' Motion for Extension of Time to File Appellee's Briefs

State of Texas v. United States

U. S. Court of Appeals for the Fifth Circuit

Jan. 26, 2017 Pleading / Motion / Brief
67

Unopposed Motion for Voluntary Dismissal

U. S. Court of Appeals for the Fifth Circuit

March 2, 2017 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4391804/state-of-texas-v-united-states-of-america/

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

ECF Number Description Date Link
1

COMPLAINT against Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang filed by State of Utah, Heber-Overgaard Unified School District (AZ), Harrold Independent School District (TX), State of Texas, State of West Virginia, Arizona Department of Education, State of Alabama, State of Oklahoma, State of Georgia, Paul LePage, State of Wisconsin, State of Louisiana, State of Tennessee. (Filing fee $400; Receipt number 0539-7604002) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet, # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Exhibit(s), # 16 Additional Page(s)) (Nimocks, Austin) (Entered: 05/25/2016)

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May 25, 2016 RECAP
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Louisiana, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Nimocks, Austin) (Entered: 05/25/2016)

May 25, 2016 RECAP
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Request for Clerk to issue Summons filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Louisiana, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s)) (Nimocks, Austin) (Entered: 05/25/2016)

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May 25, 2016 PACER
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New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (plp) (Entered: 05/25/2016)

May 25, 2016 PACER
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Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (plp) (Entered: 05/25/2016)

May 25, 2016 PACER
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AMENDED COMPLAINT Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief against Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang filed by State of Utah, Heber-Overgaard Unified School District (AZ), Harrold Independent School District (TX), State of Texas, State of West Virginia, Arizona Department of Education, State of Alabama, State of Oklahoma, State of Georgia, Paul LePage, State of Wisconsin, State of Louisiana, State of Tennessee, State of Mississippi, State of Kentucky. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F, # 7 Exhibit(s) Exhibit G, # 8 Exhibit(s) Ehxibit H, # 9 Exhibit(s) Exhibit I, # 10 Exhibit(s) Exhibit J, # 11 Exhibit(s) Exhibit K, # 12 Exhibit(s) Exhibit L, # 13 Exhibit(s) Exhibit M, # 14 Exhibit(s) Exhibit N) (Nimocks, Austin) (Entered: 06/15/2016)

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June 15, 2016 RECAP
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Request for Clerk to issue Summons filed by Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s)) (Nimocks, Austin) (Main Document 7 replaced on 11/17/2016) (skg). (Attachment 1 replaced on 11/17/2016) (skg). (Attachment 2 replaced on 11/17/2016) (skg). (Attachment 3 replaced on 11/17/2016) (skg). (Attachment 4 replaced on 11/17/2016) (skg). (Attachment 5 replaced on 11/17/2016) (skg). (Attachment 6 replaced on 11/17/2016) (skg). (Attachment 7 replaced on 11/17/2016) (skg). (Attachment 8 replaced on 11/17/2016) (skg). (Attachment 9 replaced on 11/17/2016) (skg). (Attachment 10 replaced on 11/17/2016) (skg). (Entered: 06/17/2016)

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June 17, 2016 PACER
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CERTIFICATE OF SERVICE by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re 6 Amended Complaint,,,,,, regarding #6 Amended Complaint (Nimocks, Austin) (Main Document 8 replaced on 6/20/2016) (baa). (Entered: 06/20/2016)

June 20, 2016 PACER
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Summons Reissued as to All Defendants, U.S. Attorney, and U.S. Attorney General (per attorney request). (plp) (Entered: 06/20/2016)

June 20, 2016 RECAP
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT re 6 Amended Complaint by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Nimocks, Austin) Modified on 6/20/2016 (plp). (Entered: 06/20/2016)

June 20, 2016 PACER
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MOTION for Injunction filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Exhibit O, # 2 Exhibit(s) Exhibit P, # 3 Exhibit(s) Exhibit Q, # 4 Exhibit(s) Exhibit R, # 5 Exhibit(s) Exhibit S, # 6 Exhibit(s) Exhibit T, # 7 Exhibit(s) Exhibit U) (Nimocks, Austin) (Entered: 07/06/2016)

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July 6, 2016 RECAP
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ORDER re: 11 MOTION for Injunction . Having considered the parties' agreed request for expedited consideration, it is ORDERED that Defendants' Response, if any, be filed on or before July 27, 2016. It is further ORDERED that Plaintiffs' Reply, if any, be filed on or before August 3, 2016. The Court will schedule a hearing addressing Plaintiffs' Application for Preliminary Injunction at a later date. (Ordered by Judge Reed C O'Connor on 7/7/2016) (trt) (Entered: 07/07/2016)

July 7, 2016 RECAP
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MOTION Leave to Proceed Without Local Counsel filed by Eagle Forum Education & Legal Defense Fund. Party Amicus EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND added.Attorney Karen Bryant Tripp added to party Eagle Forum Education & Legal Defense Fund(pty:am) (Tripp, Karen) (Entered: 07/13/2016)

July 13, 2016 PACER
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Third Party MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for a Preliminary Injunction filed by Eagle Forum Education & Legal Defense Fund with Brief/Memorandum in Support. (Tripp, Karen) (Entered: 07/13/2016)

July 13, 2016 PACER
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Brief/Memorandum in Support filed by Eagle Forum Education & Legal Defense Fund re 14 Third Party MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for a Preliminary Injunction (Tripp, Karen) (Entered: 07/13/2016)

July 13, 2016 RECAP
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Brief/Memorandum in Support filed by Eagle Forum Education & Legal Defense Fund re 15 Brief/Memorandum in Support of Motion, 14 Third Party MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for a Preliminary Injunction Amicus Curiae Brief (Tripp, Karen) (Entered: 07/13/2016)

July 13, 2016 PACER
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ORDER granting 13 Motion to proceed without local counsel. (Ordered by Judge Reed C O'Connor on 7/15/2016) (trt) . (Entered: 07/15/2016)

July 14, 2016 PACER
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ORDER granting 14 Motion for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for a Preliminary Injunction. The requesting party must file the document with the clerk by 7/18/2016. (Ordered by Judge Reed C O'Connor on 7/14/2016) (trt) (Entered: 07/15/2016)

July 14, 2016 PACER
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Brief/Memorandum in Support filed by Eagle Forum Education & Legal Defense Fund re 18 Order on Motion for Leave to File, Amicus Curiae Brief (Tripp, Karen) (Entered: 07/15/2016)

July 15, 2016 PACER
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NOTICE of Attorney Appearance by Benjamin Leon Berwick on behalf of Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang. (Filer will update contact info in ECF.) (Berwick, Benjamin) (Entered: 07/15/2016)

July 15, 2016 PACER
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Unopposed Motion for Extension of Time to File Answer filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang (Attachments: # 1 Proposed Order) (Berwick, Benjamin) (Entered: 07/15/2016)

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July 15, 2016 PACER
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MOTION for Leave to File Amicus Brief filed by Governor C. L. "Butch" Otter (Attachments: # 1 Proposed Amicus Brief) Attorney Cally Younger added to party Governor C. L. "Butch" Otter(pty:am) (trt) (Entered: 07/18/2016)

1 Proposed Amicus Brief

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July 17, 2016 PACER
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Brief in Support filed by Governor C. L. "Butch" Otter re 22 MOTION for Leave to File Amicus Brief (trt) (Entered: 07/18/2016)

July 17, 2016 PACER
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MOTION for Leave to Proceed Without Local Counsel filed by Governor C. L. "Butch" Otter (trt) (Entered: 07/18/2016)

July 17, 2016 PACER
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ORDER: Defendants' unopposed Motion for Extension of Time to File Answer (ECF 21 ) is GRANTED. It is further ORDERED that Defendants may file an answer or otherwise respond to Plaintiffs' Amended Complaint on or before the date that is 30 days after the Court rules on Plaintiffs' Application for Preliminary Injunction. (Ordered by Judge Reed C O'Connor on 7/18/2016) (baa) (Entered: 07/18/2016)

July 18, 2016 PACER
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ORDER granting 24 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge Reed C O'Connor on 7/18/2016) (ewd) (Entered: 07/18/2016)

July 18, 2016 PACER
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ORDER granting 22 Motion for Leave to File Amicus Curiae Brief in Support of Plaintiff's Motion for a Preliminary Injunction and Brief in Support. It is ORDERED that Governor Otter may file his Amicus Brief on or before July 22, 2016. (Ordered by Judge Reed C O'Connor on 7/18/2016) (ewd) (Entered: 07/18/2016)

July 18, 2016 PACER
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Brief/Memorandum in Support filed by Governor C. L. "Butch" Otter re 27 Order on Motion for Leave to File, Amicus Curiae Brief (Younger, Cally) (Entered: 07/22/2016)

July 22, 2016 PACER
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Unopposed MOTION for Leave to File Brief in Excess of Page Limit filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang (Attachments: # 1 Proposed Order) (Berwick, Benjamin) (Entered: 07/26/2016)

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July 26, 2016 PACER
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ORDER: Unopposed Motion for Leave to File Brief in Excess of Page Limit (ECF No. 29 ) is GRANTED. It is ORDERED that Defendants may file a brief in response to Plaintiffs' Application for Preliminary Injunction no longer than 30 pages in length. (Ordered by Judge Reed C O'Connor on 7/27/2016) (baa) (Entered: 07/27/2016)

July 27, 2016 RECAP
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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7756843) filed by State of Washington. Party State of Washington added.Attorney Alan D Copsey added to party State of Washington(pty:am) (Copsey, Alan) (Entered: 07/27/2016)

July 27, 2016 PACER
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STATES' MOTION FOR LEAVE TO PROCEED WITHOUT LOCAL COUNSEL re 31 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7756843) filed by State of Washington (Attachments: # 1 Proposed Order) (Copsey, Alan) Modified title on 7/28/2016 (trt). (Entered: 07/27/2016)

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July 27, 2016 PACER
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MOTION for Leave to File Amicus BriefIn Opposition To Plaintiffs' Application For Preliminary Injuction filed by State of Washington (Attachments: # 1 Proposed Order) (Copsey, Alan) (Entered: 07/27/2016)

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July 27, 2016 PACER
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Brief/Memorandum in Support filed by State of Washington re 33 MOTION for Leave to File Amicus BriefIn Opposition To Plaintiffs' Application For Preliminary Injuction (Copsey, Alan) (Entered: 07/27/2016)

July 27, 2016 RECAP
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MOTION for Leave to File Without Local Counsel filed by Letitia James, Public Advocate for the City of New York (Attachments: # 1 Proposed Order). Party Letitia James, Public Advocate for the City of New York added.Attorney Molly Thomas-Jensen added to party Letitia James, Public Advocate for the City of New York(pty:am) (Thomas-Jensen, Molly) (Entered: 07/27/2016)

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July 27, 2016 PACER
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MOTION for Leave to File Brief of Amicus CuriaeIn Opposition To Plaintiffs' Application For Preliminary Injuction filed by Letitia James, Public Advocate for the City of New York (Attachments: # 1 Exhibit(s) Brief of Amicus Curiae, # 2 Proposed Order) (Thomas-Jensen, Molly) (Entered: 07/27/2016)

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July 27, 2016 PACER
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Brief/Memorandum in Support filed by Letitia James, Public Advocate for the City of New York re 36 MOTION for Leave to File Brief of Amicus CuriaeIn Opposition To Plaintiffs' Application For Preliminary Injuction (Thomas-Jensen, Molly) (Entered: 07/27/2016)

July 27, 2016 RECAP
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MOTION for Leave to File Brief Amici Curiae filed by American Civil Liberties Union Foundation, American Civil Liberties Union of Texas, GLBTQ Legal Advocates & Defenders, Lambda Legal Defense and Education Fund, Inc., National Center for Lesbian Rights, Transgender Law Center (Attachments: # 1 Exhibit(s) Proposed Amicus Brief, # 2 Proposed Order Proposed Order Granting Leave). Party American Civil Liberties Union Foundation, American Civil Liberties Union of Texas, GLBTQ Legal Advocates & Defenders, Lambda Legal Defense and Education Fund, Inc., National Center for Lesbian Rights, Transgender Law Center added.Attorney Kenneth D Upton, Jr added to party American Civil Liberties Union Foundation(pty:mov), Attorney Kenneth D Upton, Jr added to party American Civil Liberties Union of Texas(pty:mov), Attorney Kenneth D Upton, Jr added to party GLBTQ Legal Advocates & Defenders(pty:mov), Attorney Kenneth D Upton, Jr added to party Lambda Legal Defense and Education Fund, Inc.(pty:mov), Attorney Kenneth D Upton, Jr added to party National Center for Lesbian Rights(pty:mov), Attorney Kenneth D Upton, Jr added to party Transgender Law Center(pty:mov) (Upton, Kenneth) (Entered: 07/27/2016)

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July 27, 2016 RECAP
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Brief/Memorandum in Support filed by American Civil Liberties Union Foundation, American Civil Liberties Union of Texas, GLBTQ Legal Advocates & Defenders, Lambda Legal Defense and Education Fund, Inc., National Center for Lesbian Rights, Transgender Law Center re 38 MOTION for Leave to File Brief Amici Curiae (Upton, Kenneth) (Entered: 07/27/2016)

July 27, 2016 RECAP
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RESPONSE filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang re: 11 MOTION for Injunction (Berwick, Benjamin) (Entered: 07/27/2016)

July 27, 2016 RECAP
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ORDER granting 32 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge Reed C O'Connor on 7/28/2016) (trt) (Entered: 07/28/2016)

July 28, 2016 PACER
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ORDER granting 31 Application for Admission Pro Hac Vice of Alan D. Copsey. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 7/28/2016) (baa) (Entered: 07/28/2016)

July 28, 2016 PACER
43

ORDER: The Court finds that the unopposed Motion for Leave to File Brief as Amici Curiae and Brief in Support (ECF 36 ) is well-taken, and should be and ishereby GRANTED. It is ORDERED that the Court will accept the Motion for Leave to File Brief as Amici Curiae and Brief in Support as docketed on July 27, 2016 (ECF No. 36-37). (Ordered by Judge Reed C O'Connor on 7/28/2016) (baa) (Entered: 07/28/2016)

July 28, 2016 PACER
44

ORDER granting 38 Motion for Leave to File Brief as Amici Curiae. It is ORDERED that the Court will accept the Movants Amicus Brief as docketed on July 27, 2016 (ECF No. 38-1). (Ordered by Judge Reed C O'Connor on 7/28/2016) (trt) (Entered: 07/28/2016)

July 28, 2016 PACER
45

ORDER granting 35 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge Reed C O'Connor on 7/28/2016) (trt) (Entered: 07/28/2016)

July 28, 2016 PACER
46

ORDER granting 33 States' Motion for Leave to File Amicus Curiae Brief in Opposition to Plaintiffs' Application for Preliminary Injunction. It is ORDERED that the Court will accept the Movants' Amicus Brief as docketed on July 27, 2016 (ECF No. 34). (Ordered by Judge Reed C O'Connor on 7/28/2016) (trt) (Entered: 07/28/2016)

July 28, 2016 PACER
47

NOTICE of Attorney Appearance by Paul David Castillo on behalf of American Civil Liberties Union Foundation, American Civil Liberties Union of Texas, GLBTQ Legal Advocates & Defenders, Lambda Legal Defense and Education Fund, Inc., National Center for Lesbian Rights, Transgender Law Center. (Filer confirms contact info in ECF is current.) (Castillo, Paul) (Entered: 07/28/2016)

July 28, 2016 RECAP
48

Correspondence received via the court's online email system regarding 7:16-cv-00054-O State of Texas, et al. v. United States of America, et al. (ali) (Entered: 07/29/2016)

July 29, 2016 RECAP
49

First MOTION for Leave to File To file reply brief in excess of page limit filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Attachments: # 1 Proposed Order Proposed Order) (Nimocks, Austin) (Entered: 08/03/2016)

1 Proposed Order Proposed Order

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Aug. 3, 2016 PACER
50

ELECTRONIC ORDER granting 49 Motion for Leave to File. (Ordered by Judge Reed C O'Connor on 8/3/2016) (Judge Reed C O'Connor) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
51

NOTICE of Attorney Appearance by Austin R Nimocks for Michael C. Toth on behalf of Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Nimocks, Austin) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
52

REPLY filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re: 40 Response/Objection, (Attachments: # 1 Declaration(s) Declaration of Kara Belew) (Nimocks, Austin) (Entered: 08/03/2016)

1 Declaration(s) Declaration of Kara Belew

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Aug. 3, 2016 PACER
53

NOTICE of Attorney Schedule filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang (Berwick, Benjamin) (Entered: 08/04/2016)

Aug. 4, 2016 PACER
54

ORDER deferring ruling on 11 Motion for Injunction and setting hearing date (Ordered by Judge Reed C O'Connor on 8/8/2016) (Judge Reed C O'Connor) (Entered: 08/08/2016)

Aug. 8, 2016 RECAP

Modify Hearings/Deadlines

Aug. 9, 2016 PACER
56

ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Evidentiary Hearing held on 8/12/2016. Order to follow. Attorney Appearances: Plaintiff - Austin Nimoks; Defense - Benjamin Berwick. (Court Reporter: Denver Roden) (No exhibits) Time in Court - 2:10. (chmb) (Entered: 08/18/2016)

Aug. 12, 2016 PACER
55

Correspondence received via the court's online email system regarding 7:16-cv-00054-O State of Texas, et al. v. United States of America, et al. (ali) (Entered: 08/18/2016)

Aug. 18, 2016 RECAP
57

First MOTION for Leave to File Additional Exhibit filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Nimocks, Austin) (Entered: 08/19/2016)

1 Exhibit(s)

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2 Proposed Order

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Aug. 19, 2016 PACER
58

ORDER granting 11 Motion for Injunction (Ordered by Judge Reed C O'Connor on 8/21/2016) (Judge Reed C O'Connor) (Entered: 08/21/2016)

Aug. 21, 2016 RECAP
59

Notice of Filing of Official Electronic Transcript of Hearing on Motion for Injunction Proceedings held on 08-12-2016 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RMR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (82 pages) Redaction Request due 9/14/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/22/2016. (dbr) (Entered: 08/24/2016)

Aug. 24, 2016 PACER
60

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report due by 9/26/2016. (Ordered by Judge Reed C O'Connor on 8/30/2016) (baa) (Entered: 08/30/2016)

Aug. 30, 2016 RECAP
61

NOTICE of Pending Litigation filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang (Berwick, Benjamin) (Entered: 08/30/2016)

Aug. 30, 2016 RECAP
62

ORDER: The Court finds that expedited briefing is necessary to resolve Defendants' Notice. See L.R. 7.1. Accordingly, it is ORDERED that Plaintiffs must file a Response to Defendants' Notice on or before September 9, 2016. Should Defendants wish to file a Reply, they may do so on or before September 14, 2016. (Ordered by Judge Reed C O'Connor on 8/31/2016) (baa) (Entered: 08/31/2016)

Aug. 31, 2016 RECAP
63

Notice of Filing of Official Electronic Transcript of Hearing on Motion for Injunction CORRECTED Proceedings held on 08-12-2016 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RMR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (81 pages) Redaction Request due 9/22/2016. Redacted Transcript Deadline set for 10/3/2016. Release of Transcript Restriction set for 11/30/2016. (dbr) (Entered: 09/01/2016)

Sept. 1, 2016 PACER
64

NOTICE of PENDING LITIGATION re: 61 Notice (Other), 62 Order Setting Deadline/Hearing, 58 Order on Motion for Injunction filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3, # 4 Exhibit(s) Exhibit 4, # 5 Exhibit(s) Exhibit 5, # 6 Exhibit(s) Exhibit 6) (Nimocks, Austin) (Entered: 09/09/2016)

1 Exhibit(s) Exhibit 1

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2 Exhibit(s) Exhibit 2

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3 Exhibit(s) Exhibit 3

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4 Exhibit(s) Exhibit 4

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5 Exhibit(s) Exhibit 5

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6 Exhibit(s) Exhibit 6

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Sept. 9, 2016 PACER
65

MOTION for Clarification of the Court's Preliminary Injunction Order and Unopposed Request for Expedited Consideration filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang with Brief/Memorandum in Support. (Berwick, Benjamin) (Entered: 09/12/2016)

Sept. 12, 2016 RECAP
66

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7858288) filed by Rachel Jona Tudor (Attachments: # 1 Exhibit(s) Ezra Young Certificate of Good Standing, # 2 Proposed Order Proposed Order). Party Dr. Rachel Tudor added. (Young, Ezra) (Entered: 09/12/2016)

1 Exhibit(s) Ezra Young Certificate of Good Standing

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2 Proposed Order Proposed Order

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Sept. 12, 2016 PACER
67

MOTION to Intervene and Join Claim filed by Rachel Jona Tudor with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Exhibit 1, Complaint in Intervention, # 2 Proposed Order Proposed Order) (Young, Ezra) (Entered: 09/12/2016)

1 Exhibit(s) Exhibit 1, Complaint in Intervention

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2 Proposed Order Proposed Order

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Sept. 12, 2016 PACER
68

MOTION re 66 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7858288) filed by Rachel Jona Tudor with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Proposed Order) (Young, Ezra) (Entered: 09/12/2016)

1 Proposed Order Proposed Order

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Sept. 12, 2016 PACER
69

Agreed STIPULATION of WAIVER of BOND by State of Texas. (Nimocks, Austin) (Entered: 09/12/2016)

Sept. 12, 2016 PACER
70

ORDER: Having considered the parties' agreed request for expedited consideration, it is ORDERED that Plaintiffs' Response, if any, be filed on or before September 19, 2016. It is further ORDERED that Defendants' Reply, if any, be filed on or before September 23, 2016. (Ordered by Judge Reed C O'Connor on 9/13/2016) (trt) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
71

Unopposed Motion for Extension of Time to File Answer filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang (Attachments: # 1 Proposed Order) (Berwick, Benjamin) (Entered: 09/14/2016)

1 Proposed Order

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Sept. 14, 2016 PACER
72

REPLY filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang re: 61 Notice (Other), 64 Notice (Other),, (Berwick, Benjamin) (Entered: 09/14/2016)

Sept. 14, 2016 PACER
73

RESPONSE filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re: 65 MOTION for Clarification of the Court's Preliminary Injunction Order and Unopposed Request for Expedited Consideration (Nimocks, Austin) (Entered: 09/19/2016)

Sept. 19, 2016 RECAP
74

REPLY filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang re: 65 MOTION for Clarification of the Court's Preliminary Injunction Order and Unopposed Request for Expedited Consideration (Berwick, Benjamin) (Entered: 09/23/2016)

Sept. 23, 2016 RECAP
75

Joint Submission on Discovery Matters (Joint Report of Parties) by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. Related document: 60 Status Report Order. (Nimocks, Austin) (Entered: 09/26/2016)

Sept. 26, 2016 RECAP
76

ORDER setting 65 Motion for Hearing. Hearing set for 9/30/2016 09:30 AM in US Courthouse, Courtroom 222, 1000 Lamar Street, Wichita Falls, TX 76301-3431 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 9/26/2016) (Judge Reed C O'Connor) (Entered: 09/26/2016)

Sept. 26, 2016 RECAP
77

NOTICE of Other Litigation filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R Yang (Berwick, Benjamin) (Entered: 09/27/2016)

Sept. 27, 2016 PACER
78

NOTICE of Supplemental Authority filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R Yang (Attachments: # 1 Exhibit(s)) (Berwick, Benjamin) (Entered: 09/28/2016)

1 Exhibit(s)

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Sept. 28, 2016 PACER
79

ELECTRONIC ORDER granting 66 Application for Admission Pro Hac Vice of Ezra Young. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)).(Ordered by Judge Reed C O'Connor on 9/30/2016)(chmb)(cds) (Entered: 09/30/2016)

Sept. 30, 2016 PACER
80

ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Motion Hearing held on 9/30/2016 65 MOTION for Clarification of the Court's Preliminary Injunction Order and Unopposed Request for Expedited Consideration. Attorney Appearances: Plaintiff - Austin Nimocks; Defense - Benjamin Barwick. (Court Reporter: Denver Roden) (No exhibits) Time in Court - 1:17. (chmb) (Entered: 09/30/2016)

Sept. 30, 2016 PACER
81

RESPONSE filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R Yang re: 67 MOTION to Intervene and Join Claim (Berwick, Benjamin) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
82

RESPONSE filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re: 67 MOTION to Intervene and Join Claim (Nimocks, Austin) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
83

NOTICE of Defendants' Intent to File Notice of Appeal filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R Yang (Berwick, Benjamin) (Entered: 10/14/2016)

Oct. 14, 2016 RECAP
84

REPLY filed by Rachel Jona Tudor re: 67 MOTION to Intervene and Join Claim (Young, Ezra) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
85

***DISREGARD: See 87 for correct document*** REPLY filed by Rachel Jona Tudor re: 67 MOTION to Intervene and Join Claim (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3) (Young, Ezra) Modified on 10/19/2016 (plp). (Entered: 10/17/2016)

1 Exhibit(s) Exhibit 1

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2 Exhibit(s) Exhibit 2

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3 Exhibit(s) Exhibit 3

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Oct. 17, 2016 PACER
86

ORDER granting in part and denying in part 65 Motion. See order for details. (Ordered by Judge Reed C O'Connor on 10/18/2016) (Judge Reed C O'Connor) (Entered: 10/18/2016)

Oct. 18, 2016 RECAP

Modify Hearings/Deadlines

Oct. 19, 2016 PACER
87

REPLY filed by Rachel Jona Tudor re: 67 MOTION to Intervene and Join Claim (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3) (Young, Ezra) (Entered: 10/19/2016)

1 Exhibit(s) Exhibit 1

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2 Exhibit(s) Exhibit 2

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3 Exhibit(s) Exhibit 3

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Oct. 19, 2016 PACER
88

NOTICE OF INTERLOCUTORY APPEAL as to 86 Order on Motion for Miscellaneous Relief, 58 Order on Motion for Injunction to the Fifth Circuit by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R Yang. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Berwick, Benjamin) (Entered: 10/20/2016)

Oct. 20, 2016 RECAP
89

Notice of Filing of Official Electronic Transcript of Hearing Proceedings held on 09-30-2016 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RMR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (48 pages) Redaction Request due 11/14/2016. Redacted Transcript Deadline set for 11/25/2016. Release of Transcript Restriction set for 1/23/2017. (dbr) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
90

Brief/Memorandum in Support filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re 86 Order on Motion for Miscellaneous Relief (Nimocks, Austin) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
91

MOTION Request for Ruling on Motion to Intervene re 67 MOTION to Intervene and Join Claim filed by Rachel Jona Tudor with Brief/Memorandum in Support. (Young, Ezra) (Entered: 10/27/2016)

Oct. 27, 2016 PACER
92

Brief/Memorandum in Support filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R Yang re 86 Order on Motion for Miscellaneous Relief (Berwick, Benjamin) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
93

USCA Case Number 16-11534 in USCA5 for 88 Notice of Appeal filed by United States Department of Justice, Loretta E Lynch, United States Department of Labor, United States of America, John B. King, Jenny R Yang, Vanita Gupta, David Michaels, Thomas E. Perez, United States Equal Employment Opportunity Commission, United States Department of Education. (trt). (Entered: 10/31/2016)

Oct. 31, 2016 PACER
94

NOTICE OF INTERLOCUTORY APPEAL as to 86 Order on Motion for Miscellaneous Relief, 58 Order on Motion for Injunction to the Fifth Circuit by Rachel Jona Tudor. Filing fee $505, receipt number 0539-7980923. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Young, Ezra) (Entered: 11/03/2016)

Nov. 3, 2016 PACER
95

MOTION to Stay re 86 Order on Motion for Miscellaneous Relief, 58 Order on Motion for Injunction and Unopposed Request for Expedited Consideration filed by Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R Yang with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s)) (Berwick, Benjamin) (Entered: 11/07/2016)

1 Declaration(s)

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Nov. 7, 2016 RECAP
96

ORDER: It is hereby ORDERED that Plaintiffs file a response to Defendants' Motion for Partial Stay of the Court's Preliminary Injunction Order 95 by November 15, 2016. (Ordered by Judge Reed C O'Connor on 11/9/2016) (skg) (Entered: 11/09/2016)

Nov. 9, 2016 PACER

USCA Case Number

Nov. 14, 2016 PACER
97

Notice of Filing of Official Electronic Transcript of Hearing Corrected Proceedings held on 09-30-2016 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RMR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (48 pages) Redaction Request due 12/6/2016. Redacted Transcript Deadline set for 12/16/2016. Release of Transcript Restriction set for 2/13/2017. (dbr) (Entered: 11/15/2016)

Nov. 15, 2016 PACER

State / Territory: Texas

Case Type(s):

Public Accommodations/Contracting

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: May 25, 2016

Closing Date: March 3, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

States and pbulic school officials within those states

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Federal Government , Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2016 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to public accommodations - governmental

Access to public accommodations - privately owned

Bathing and hygiene

Bathrooms

Buildings

Disparate Impact

Disparate Treatment

Gay/lesbian/transgender

Reasonable Accommodations

School/University Facilities

School/University policies

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Gender identity