Case: W. v. Kenosha Unified School District No. 1 Board of Education

2:16-cv-00943 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: July 19, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiff in this case was a 16-year-old rising senior at the George Nelson Temper High School (Temper), which is part of the Kenosha Unified School District No. 1 (KUSD), in Wisconsin. Plaintiff, who was assigned female on his birth certificate but whose gender identity is male, suffers from gender dysphoria, a condition recognized by the American Psychiatric Association. Over the course of several years, despite explanations from the plaintiff and despite receiving several signed letters …

The plaintiff in this case was a 16-year-old rising senior at the George Nelson Temper High School (Temper), which is part of the Kenosha Unified School District No. 1 (KUSD), in Wisconsin. Plaintiff, who was assigned female on his birth certificate but whose gender identity is male, suffers from gender dysphoria, a condition recognized by the American Psychiatric Association. Over the course of several years, despite explanations from the plaintiff and despite receiving several signed letters from the plaintiff’s pediatrician explaining Plaintiff’s condition, KUSD officials repeatedly denied access to facilities matching Plaintiff's gender identity.

Even after hearing from a pediatrician that Plaintiff’s gender identity was male, KUSD told Plaintiff to use either the girls' restroom, or a gender-neutral, single-occupancy bathroom in the school’s office. KUSD refused to change Plaintiff’s name or gender in school records and attendance lists, and the school also initially refused to allow Plaintiff to be nominated as prom king, relenting only after petition and other protests by Plaintiff’s fellow students.

After learning of a lawsuit challenging a school in Virginia for denying transgender students access to bathrooms and other accommodations matching their gender identity, G.G. v. Gloucester School Board, Plaintiff began to use the boys' restrooms at school. In G.G, the United States Department of Justice (DOJ) had issued a statement of interest explaining that it was the agency’s position that Title IX of the Education Amendment of 1972 requires that schools receiving federal funding allow transgender students to use restrooms and other single-sex, multi-occupancy facilities that match their gender identities. When confronted by KUSD officials over Plaintiff’s use of the boys’ restrooms, Plaintiff’s mother explained to them that based on the DOJ’s position, KUSD is required to allow him access to the boys’ restrooms. However, KUSD officials nevertheless maintained that Plaintiff was not allowed to use the boys’ restrooms after that meeting.

In April of 2016, Plaintiff engaged counsel who sent KUSD a letter demanding that Plaintiff be able to use the boys' restroom. When the school refused, Plaintiff filed an administrative complaint with the US Department of Education's Office for Civil Rights, alleging the school policy violated Title IX. Plaintiff later withdrew this complaint to file a suit on July 19, 2016, against KUSD and its superintendent in the U.S. District Court for the Eastern District of Wisconsin, under 42 U.S.C. § 1983, 28 U.S.C. § 2201, and Title IX of the Education Amendment (20 U.S.C. §§ 1681 et seq.).

Represented by the Transgender Law Center, along with the civil-rights law firms Relman Dane & Colfax and the Robert Pledl Law Office, Plaintiff argued that KUSD’s discriminatory actions violated Title IX and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. He asked the court to declare that KUSD has violated Title IX and the Fourteenth Amendment and to issue a preliminary and permanent injunction requiring KUSD to take various steps to prevent further discrimination against Plaintiff.

District Judge Rudolph T. Randa was assigned to the case on July 20, 2016, but due to his unavailability, the case was reassigned on August 3, 2016, to Magistrate Judge David E. Jones. Plaintiff did not consent to have a magistrate judge enter final judgment on the matter and so the case was reassigned to Judge Pamela Pepper.

On August 15, 2016, Plaintiff filed an amended complaint using his and his mother's full names because they had already consented to the media using their names. The same day, Plaintiff also filed for a preliminary injunction, asking the court to enjoin KUSD from its discriminatory practices. Attached to the motion were various supporting statements from healthcare professionals along with the U.S. Department of Education's Dear Colleague Letter on Transgender Students. This Dear Colleague letter was issued on May 13, 2016, and told schools that compliance with Title IX entailed treating students consistent with their gender identity (this letter was later rescinded, on February 22, 2017, under the new Trump Administration).

KUSD filed a motion to dismiss the case on August 16, 2016, and the court heard oral arguments on that motion and the preliminary injunction. On September 21, 2016, Judge Pepper denied the defendant's motion to dismiss, and the next day she granted in part Plaintiff's motion for a preliminary injunction. Judge Pepper found that Plaintiff was likely to succeed on the merits and enjoined the school from denying Plaintiff use of the boys' bathroom and from disciplining him in any way for using it. 2016 WL 5239829.

KUSD appealed both decisions to the Seventh Circuit on September 23, 2016, arguing that the two orders were inextricably bound and that the appeals court could not review one without the other (originally the district court had certified the order denying the motion to dismiss for immediate interlocutory appeal, but soon after revoked that certification when it concluded it had erred by including certification language in the order). In the district court, KUSD also moved to stay the preliminary injunction, arguing that it would threaten the "constitutionally privacy interest" of students in the school district. On October 3, 2016, Judge Pepper denied Defendants' motion to stay. 2016 WL 8846573. Litigation continued into discovery throughout the school year. Defendants requested that Plaintiff submit to an independent medical examination. Judge Pepper denied the request as moot after Plaintiff submitted his own request governing an independent medical examination.

On May 30, 2017, the Seventh Circuit upheld the preliminary injunction and denied to review the denial of the motion to dismiss, reasoning that the two issues were not inextricably bound. Notwithstanding the intervening change in position by the Trump Administration, the Seventh Circuit found that Plaintiff was likely to succeed on his Title IX discrimination claim. The court did not reach the question of whether transgender status triggered heightened scrutiny, but the Seventh Circuit did find that Plaintiff was likely to succeed on his Equal Protection Claim on a theory of sex stereotyping. The court also found KUSD's privacy argument was based on sheer conjecture and abstraction and that a "transgender student's presence in the restroom provides no more a risk to other students' privacy rights than the presence of an overly curious student of the same biological sex." 858 F.3d 1034 (Williams, J.). The Defendant appealed this order to the Supreme Court on August 29.

Both parties agreed to a settlement hearing before Magistrate Judge William E. Callahan, Jr. on November 1, 2017. Despite the efforts of the parties, mediation did not result in settlement of the Plaintiff’s claims. On November 21, 2017, the case was reassigned to Judge Pamela Pepper for further pretrial proceedings, trial, and eventual entry of final judgment.

On January 22, 2018, the parties filed a joint motion to approve the proposed Consent Judgment. The Consent Judgment: required the Defendants to pay $800,000 to the Plaintiff for compensatory damages, attorney’s fees, and costs; permanently enjoined the Defendants from preventing the Plaintiff from using male bathrooms and from taking retaliatory actions; and required the Defendants to inform current board members, district-level administrators, and school level principals and assistant principals of the terms of the permanent injunction. The judgment was set to last for 10 years, during which the court retained jurisdiction for enforcement purposes.

The Consent Judgment was signed by Judge Pepper on January 23, 2018. The Supreme Court subsequently dismissed the writ for certiorari. 138 S. Ct. 1260. The case is administratively closed, but remains ongoing due to court enforcement. As of April 15, 2020, there has been no further action in the docket.

Summary Authors

Ryan Berry (7/25/2016)

Abigail DeHart (7/5/2017)

Mary Kate Sickel (3/25/2018)

Alex Moody (4/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4538049/parties/whitaker-v-kenosha-unified-school-district-no-1-board-of-education/


Judge(s)

Pepper, Pamela (Wisconsin)

Randa, Rudolph Thomas (Wisconsin)

Rovner, Ilana Kara Diamond (Illinois)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Allen, Michael Gerhart (District of Columbia)

Buchert, Sasha J. (California)

Friedman, Robert D. (District of Columbia)

Meerkamper, Shawn Thomas (California)

Milton, Alexa (District of Columbia)

Judge(s)

Pepper, Pamela (Wisconsin)

Randa, Rudolph Thomas (Wisconsin)

Rovner, Ilana Kara Diamond (Illinois)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Allen, Michael Gerhart (District of Columbia)

Buchert, Sasha J. (California)

Friedman, Robert D. (District of Columbia)

Meerkamper, Shawn Thomas (California)

Milton, Alexa (District of Columbia)

Pennington, Alison (California)

Pledl, Robert Theine (Wisconsin)

Samberg-Champion, Sasha M. (District of Columbia)

Turner, Ilona Margaret (California)

Wardenski, Joseph J (District of Columbia)

Attorneys(s) for Defendant

Graf, Aaron J. (Wisconsin)

Sacks, Jonathan E. (Wisconsin)

Stadler, Ronald S. (Wisconsin)

Documents in the Clearinghouse

Document

2:16-cv-00943

Docket [PACER]

Ashton Whitaker v. Kenosha United School District No. 1

Jan. 23, 2018

Jan. 23, 2018

Docket
1

2:16-cv-00943

Complaint

A.W. v. Kenosha United School District No. 1

July 19, 2016

July 19, 2016

Complaint
12

2:16-cv-00943

Amended Complaint

Whitaker v. Kenosha Unified School District No. 1 Board of Education

Aug. 15, 2016

Aug. 15, 2016

Complaint
33

2:16-cv-00943

Decision and Order Granting in Part Motion for Preliminary Injunction

Whitaker v. Kenosha Unified School District No 1 Board of Education

Sept. 22, 2016

Sept. 22, 2016

Order/Opinion
46

2:16-cv-00943

Order Denying Defendants' Civil L.R. 7(h) Expedited, Nondispositive Motion to Stay Preliminary Injunction Pending Appeal

Whitaker v. Kenosha Unified School District No 1 Board of Education

Oct. 3, 2016

Oct. 3, 2016

Order/Opinion
00713017988

16-03522

Order and Opinion

Whitaker v. Kenosha Unified School District No 1 Board of Education

U. S. Court of Appeals for the Seventh Circuit

June 21, 2017

June 21, 2017

Order/Opinion
91-1

2:16-cv-00943

Consent Judgment

Whitaker v. Kenosha Unified School District No. 1 Board of Education

Jan. 22, 2018

Jan. 22, 2018

Pleading / Motion / Brief
92

2:16-cv-00943

Order Granting Parties' Joint Motion to Approve Consent Judgment, Directing Clerk's Office to Close the Case for Administrative Purposes, Vacating All Deadlines, and Denying as Moot All Pending Motions (Dkt. Nos. 75, 84)

Whitaker v. Kenosha Unified School District No. 1 Board of Education

Jan. 23, 2018

Jan. 23, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4538049/whitaker-v-kenosha-unified-school-district-no-1-board-of-education/

Last updated June 4, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by A. W., M. W.. ( Filing Fee PAID $400 receipt number 0757-2383987) (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Wardenski, Joseph)

1 Civil Cover Sheet

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2 Summons

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July 19, 2016

July 19, 2016

RECAP
2

DISCLOSURE Statement by All Plaintiffs. (Wardenski, Joseph)

July 19, 2016

July 19, 2016

PACER
3

DISCLOSURE Statement by All Plaintiffs. This document and/or certain attachments are SEALED and only viewable by permission of the court(Wardenski, Joseph)

July 19, 2016

July 19, 2016

PACER

Notice of Judge Assignment

July 20, 2016

July 20, 2016

PACER

NOTICE Regarding assignment of this matter to Judge Rudolph T Randa ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website (jcl)

July 20, 2016

July 20, 2016

PACER

Case Opening Modification

July 20, 2016

July 20, 2016

PACER

Case Opening Modification(s); The following modification(s) have been made to your case entry: One or more party names have been modified - please remember to follow the Party Name Guidelines found on our website. The attached summons cannot be issued electronically in its current format. Please follow the summons instructions and resubmit the summons using the event Request for Issuance of Summons which is found under the heading other documents. Please refer to the summons instructions and the party name guidelines found in the user manual for further guidance. (blr)

July 20, 2016

July 20, 2016

PACER
4

REQUEST for Issuance of Summons by A W (Wardenski, Joseph)

July 20, 2016

July 20, 2016

PACER

Summons Issued

July 21, 2016

July 21, 2016

PACER

Summons Issued as to Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis. (blr)

July 21, 2016

July 21, 2016

PACER
5

SUMMONS Returned Executed by A W. All Defendants. (Wardenski, Joseph)

July 27, 2016

July 27, 2016

PACER

RTR Reassignment Notice

Aug. 3, 2016

Aug. 3, 2016

PACER

Due to the unavailability of Judge Rudolph T. Randa, this case has been reassigned to Magistrate Judge David E Jones. Consent/refusal forms for Magistrate Judge David E. Jones to be filed within 21 days. The consent/refusal form is available at the court's web site: www.wied.uscourts.gov. (blr)

Aug. 3, 2016

Aug. 3, 2016

PACER

DEJ Reassignment Notice

Aug. 3, 2016

Aug. 3, 2016

PACER
6

Refusal to Jurisdiction by US Magistrate Judge by A W. (Wardenski, Joseph)

Aug. 3, 2016

Aug. 3, 2016

PACER
7

MOTION for Leave to File Complaint without Redactions by A W. (Wardenski, Joseph)

Aug. 3, 2016

Aug. 3, 2016

PACER

Case Assigned/Reassigned

Aug. 4, 2016

Aug. 4, 2016

PACER

Case Reassigned to Judge Pamela Pepper. Magistrate Judge David E Jones no longer assigned to the case due to non-consent. (amb)

Aug. 4, 2016

Aug. 4, 2016

PACER
8

ORDER signed by Judge Pamela Pepper on 8/10/2016 GRANTING 7 Plaintiff's motion for leave to re-file complaint without redactions. Please refer to the order for additional details. (cc: all counsel) (pwm)

Aug. 10, 2016

Aug. 10, 2016

PACER
9

INCORRECT DOCUMENT ATTACHED. SEE 12 AMENDED COMPLAINT by Plaintiff ASHTON WHITAKER, a minor, by his mother and next friend, MELISSA WHITAKER, against Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis filed by A W.(Wardenski, Joseph) Modified on 8/16/2016 (amb).

Aug. 15, 2016

Aug. 15, 2016

RECAP
10

MOTION for Preliminary Injunction by A W. (Attachments: # 1 Exhibit 1 - Declaration of Ashton Whitaker, # 2 Exhibit 2 - Declaration of Dr. Stephanie L. Budge, Ph.D., # 3 Exhibit 3 - Declaration of Dr. R. Nicholas Gorton, M.D., amended exhibit 4 filed at 13 #(4) Exhibit 4 - Declaration of Melissa Whitaker, # 5 Exhibit 5 - Declaration of Jenifer McGuire, Ph.D., # 6 Exhibit 6 - U.S. Dep't of Educ. & U.S. Dep't of Justice, Dear Colleague Letter on Transgender Students (May 13, 2016), # 7 Exhibit 7 - Declaration of Tim Kenney, # 8 Exhibit 8 - Declaration of Bryan Davis, Ph.D., # 9 Exhibit 9 - Declaration of Judy Chiasson, Ph.D., # 10 Exhibit 10 - U.S. Dep't of Educ., Example of Policies & Emerging Practices for Supporting Transgender Students (May 2016))(Wardenski, Joseph) Modified on 8/16/2016 (amb).

1 Exhibit 1 - Declaration of Ashton Whitaker

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2 Exhibit 2 - Declaration of Dr. Stephanie L. Budge, Ph.D.

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3 Exhibit 3 - Declaration of Dr. R. Nicholas Gorton, M.D.

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4 Exhibit 4 - Declaration of Melissa Whitaker

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5 Exhibit 5 - Declaration of Jenifer McGuire, Ph.D.

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6 Exhibit 6 - U.S. Dep't of Educ. & U.S. Dep't of Justice, Dear Colleagu

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7 Exhibit 7 - Declaration of Tim Kenney

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8 Exhibit 8 - Declaration of Bryan Davis, Ph.D.

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9 Exhibit 9 - Declaration of Judy Chiasson, Ph.D.

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10 Exhibit 10 - U.S. Dep't of Educ., Example of Policies & Emerging Practices

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Aug. 15, 2016

Aug. 15, 2016

RECAP
11

BRIEF in Support filed by A W re 10 MOTION for Preliminary Injunction . (Wardenski, Joseph)

Aug. 15, 2016

Aug. 15, 2016

RECAP
12

AMENDED COMPLAINT by Plaintiff ASHTON WHITAKER, a minor, by his mother and next friend, MELISSA WHITAKER (CORRECTED DOCUMENT), against Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis filed by A W. (Attachments: # 1 Letter re: corrected document)(Wardenski, Joseph)

1 Letter re: corrected document

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Aug. 15, 2016

Aug. 15, 2016

PACER
13

AMENDED DOCUMENT by Ashton Whitaker. Declaration of Melissa Whitaker with exhibits (Dkt No. 10-4) (Wardenski, Joseph)

Aug. 15, 2016

Aug. 15, 2016

PACER
14

MOTION to Dismiss the Amended Complaint by Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis. (Stadler, Ronald)

Aug. 16, 2016

Aug. 16, 2016

RECAP
15

BRIEF in Support filed by Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis re 14 MOTION to Dismiss the Amended Complaint . (Stadler, Ronald)

Aug. 16, 2016

Aug. 16, 2016

RECAP

Notice of Hearing

Aug. 17, 2016

Aug. 17, 2016

PACER

NOTICE of Hearing: The court will hold a status conference on Friday, 8/19/2016 at 9:00 AM by telephone before Judge Pamela Pepper. The parties may appear by calling the court's conference line at 888-557-8511 and using the access code 4893665#. (cc: all counsel)(pwm)

Aug. 17, 2016

Aug. 17, 2016

PACER
16

Court Minutes from the status conference held on 8/19/2016 before Judge Pamela Pepper. The court scheduled oral argument on 9/6/2016 at 3:30 PM on 10 the Plaintiff's Motion for Preliminary Injunction and 14 the Defendants' Motion to Dismiss. Refer to the order for briefing schedule. (cc: all counsel)(pwm) (Entered: 08/23/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
17

BRIEF in Opposition filed by Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis re 10 MOTION for Preliminary Injunction . (Stadler, Ronald)

Aug. 26, 2016

Aug. 26, 2016

RECAP
18

AFFIDAVIT of Ronald S. Stadler . (Attachments: # 1 Exhibit Letter, # 2 Exhibit Letter, # 3 Exhibit Complaint filed by Plaintiff, # 4 Exhibit Enrollment Data, # 5 Exhibit Preliminary Injunction Order, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Stadler, Ronald)

Aug. 26, 2016

Aug. 26, 2016

PACER
19

BRIEF in Opposition filed by Ashton Whitaker re 14 MOTION to Dismiss the Amended Complaint . (Attachments: # 1 Exhibit A - Mem. Op., Carcano v. McCrory (M.D.N.C. Aug. 26, 2016))(Wardenski, Joseph)

1 Exhibit A - Mem. Op., Carcano v. McCrory (M.D.N.C. Aug. 26, 2016)

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Aug. 26, 2016

Aug. 26, 2016

RECAP
20

APPENDIX by Ashton Whitaker to Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss [Dkt. No. 19]. (Attachments: # 1 Exhibit 1 - Hively v. Ivy Tech Community College, # 2 Exhibit 2 - Lusardi v. McHugh, # 3 Exhibit 3 - Rumble v. Fairview Health Services, # 4 Exhibit 4 - Texas v. United States)(Wardenski, Joseph)

1 Exhibit 1 - Hively v. Ivy Tech Community College

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2 Exhibit 2 - Lusardi v. McHugh

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3 Exhibit 3 - Rumble v. Fairview Health Services

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4 Exhibit 4 - Texas v. United States

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Aug. 26, 2016

Aug. 26, 2016

PACER
21

REPLY BRIEF in Support filed by Ashton Whitaker re 10 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit A - Carcano v. McCrory (E.D.N.C. Aug. 26, 2016), # 2 Exhibit B - Kastl v. Maricopy Cty. Cmty. Coll. Dist. (D. Ariz. 2004), # 3 Exhibit C - Shorewood School District Nondiscrimination Guidelines, # 4 Exhibit D - Monona Grove School District Nondiscrimination Guidelines, # 5 Exhibit E - Middleton-Cross Plains Area School District Nondiscrimination Guidelines, # 6 Exhibit F - Menasha Joint School District Nondiscrimination Policy, # 7 Exhibit G - KUSD Registration Information, # 8 Exhibit H - KUSD Student Enrollment Form, # 9 Exhibit I - U.S. Dep't of Justice & U.S. Dep't of Educ., Dear Colleague Letter on Student Enrollment Procedures)(Wardenski, Joseph)

1 Exhibit A - Carcano v. McCrory (E.D.N.C. Aug. 26, 2016)

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2 Exhibit B - Kastl v. Maricopy Cty. Cmty. Coll. Dist. (D. Ariz. 2004)

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3 Exhibit C - Shorewood School District Nondiscrimination Guidelines

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4 Exhibit D - Monona Grove School District Nondiscrimination Guidelines

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5 Exhibit E - Middleton-Cross Plains Area School District Nondiscrimination Guidel

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6 Exhibit F - Menasha Joint School District Nondiscrimination Policy

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7 Exhibit G - KUSD Registration Information

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8 Exhibit H - KUSD Student Enrollment Form

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9 Exhibit I - U.S. Dep't of Justice & U.S. Dep't of Educ., Dear Colleagu

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Aug. 31, 2016

Aug. 31, 2016

RECAP
22

REPLY BRIEF in Support filed by All Defendants re 14 MOTION to Dismiss the Amended Complaint . (Attachments: # 1 Exhibit unpublished cases)(Stadler, Ronald)

1 Exhibit unpublished cases

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Aug. 31, 2016

Aug. 31, 2016

RECAP
26

Court Minutes from the oral argument hearing on 9/6/2016 re the 10 Plaintiffs' Motion for Preliminary Injunction and 14 Defendant's Motion to Dismiss. The court scheduled a hearing on 9/19/16 at 3:30 PM by telephone for the oral decision on the Motion to Dismiss. Any party wishing to appear by phone may do so by calling the court's conference line at 888-557-8511 and using the access code 4893665#. (cc: all counsel)(pwm) (Entered: 09/13/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
23

NOTICE by Ashton Whitaker of Supplemental Authority (Attachments: # 1 Exhibit A - Letter from U.S. Senators to U.S. Secretary of Education John King (May 2, 2016), # 2 Exhibit B - Student Non-Discrimination Act of 2015, S. 439 (114th Cong. 2015))(Wardenski, Joseph)

1 Exhibit A - Letter from U.S. Senators to U.S. Secretary of Education John King (

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2 Exhibit B - Student Non-Discrimination Act of 2015, S. 439 (114th Cong. 2015)

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Sept. 9, 2016

Sept. 9, 2016

PACER
24

DISREGARD. REFER TO 25 . RESPONSE filed by All Defendants re 23 Notice, of Supplemental Authority (Stadler, Ronald) Modified on 9/15/2016 (amb).

Sept. 12, 2016

Sept. 12, 2016

PACER

Set/Reset Hearings

Sept. 13, 2016

Sept. 13, 2016

PACER

Set hearing on Motion to Dismiss on 9/19/2016 at 3:30 PM by telephone before Judge Pamela Pepper. (pwm)

Sept. 13, 2016

Sept. 13, 2016

PACER

Notice of Electronic Filing Error

Sept. 13, 2016

Sept. 13, 2016

PACER

NOTICE of Electronic Filing Error re 24 Response (Non-Motion) filed by Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis ; Exhibit A should have been filed as an attachment. This document needs to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (amb)

Sept. 13, 2016

Sept. 13, 2016

PACER
25

RESPONSE filed by All Defendants re 23 Notice, of Supplemental Authority (Attachments: # 1 Exhibit)(Stadler, Ronald)

Sept. 13, 2016

Sept. 13, 2016

PACER

Set/Reset Hearings

Sept. 19, 2016

Sept. 19, 2016

PACER

Set/Reset Hearings: 10 Motion for Preliminary Injunction Hearing set for 9/20/2016 01:00 PM in Courtroom 225, 517 E. Wisconsin Ave., Milwaukee, WI 53202 before Judge Pamela Pepper. Parties wishing to appear by phone may do so by calling the courts conference line at 888-557-8511 and using the access code 4893665#. (kgw)

Sept. 19, 2016

Sept. 19, 2016

PACER
28

Court Minutes for proceedings held on 9/19/2016 before Judge Pamela Pepper: RE 14 Oral Decision on MOTION to Dismiss the Amended Complaint filed by Kenosha Unified School District No 1 Board of Education and Sue Savaglio-Jarvis. (kgw) (Entered: 09/21/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
27

PROPOSED Proposed Order Denying Motion to Dismiss filed by All Defendants. (Stadler, Ronald)

Sept. 20, 2016

Sept. 20, 2016

PACER
31

Court Minutes from the Oral Argument hearing on 9/20/2016 before Judge Pamela Pepper on the Motion for Preliminary Injunction. (pwm) (Entered: 09/22/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
29

ORDER signed by Judge Pamela Pepper on 9/21/2016 DENYING 14 Defendants' Rule 12(b)(6) Motion to Dismiss the Amended Complaint. (cc: all counsel)(pwm)

Sept. 21, 2016

Sept. 21, 2016

PACER
30

Rule 7(h) Expedited Non-Dispositive MOTION for Reconsideration of Certification of Order Denying Motion to Dismiss for Interlocutory Appeal by Ashton Whitaker. (Wardenski, Joseph)

Sept. 22, 2016

Sept. 22, 2016

PACER
32

BRIEF filed by Ashton Whitaker Opposing Defendants' Request for Preliminary Injunction Bond. (Wardenski, Joseph)

Sept. 22, 2016

Sept. 22, 2016

PACER
33

DECISION AND ORDER signed by Judge Pamela Pepper on 9/22/2016 GRANTING IN PART 10 Plaintiff's Motion for Preliminary Injunction. The court ORDERS that defendants are ENJOINED from (1) denying plaintiff access to the boys' restrooms; (2) enforcing any policy, written or unwritten, against the plaintiff that would prevent him from using the boys' restroom during any time he is on the school premises or attending school-sponsored events; (3) disciplining plaintiff for using the boys' restroom during any time that he is on the school premises or attending school-sponsored events; and (4) monitoring or surveilling in any way plaintiff's restroom use. The court DENIES the defendants' request that the court require the plaintiff to post a bond under Rule 65(c). (cc: all counsel) (pwm)

Sept. 22, 2016

Sept. 22, 2016

RECAP
34

NOTICE OF APPEAL as to 33 Order on Motion for Preliminary Injunction,,, by All Defendants. Filing Fee PAID $505, receipt number 0757-2429876 (cc: all counsel) (Stadler, Ronald)

Sept. 23, 2016

Sept. 23, 2016

PACER
35

AMENDED ORDER signed by Judge Pamela Pepper on 9/24/2016 denying Defendants' Rule 12(b)(6) Motion to Dismiss the Amended Complaint (Dkt. No. 14). (cc: all counsel)(pwm)

Sept. 25, 2016

Sept. 25, 2016

PACER
36

ORDER signed by Judge Pamela Pepper on 9/24/2016 GRANTING 30 Plaintiffs' Civil L.R. 7(h) expedited non-dispositive motion to reconsider certification for interlocutory appeal of order denying motion to dismiss and vacating certification. (cc: all counsel) (pwm)

Sept. 25, 2016

Sept. 25, 2016

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37

Attorney Cover Letter re: 34 Notice of Appeal (Attachments: # 1 docket sheet)(dl)

Sept. 26, 2016

Sept. 26, 2016

PACER
38

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 34 Notice of Appeal (dl)

Sept. 26, 2016

Sept. 26, 2016

PACER
39

DESIGNATION of Record on Appeal by Ashton Whitaker re 34 Notice of Appeal to include additional document (Dkt. No. 23). (Wardenski, Joseph)

Sept. 26, 2016

Sept. 26, 2016

PACER
40

USCA Case Number 16-3522 re: 34 Notice of Appeal filed by Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis. (lmf)

Sept. 26, 2016

Sept. 26, 2016

PACER
41

LETTER from Ronald S. Stadler . (Stadler, Ronald)

Sept. 26, 2016

Sept. 26, 2016

PACER
42

Rule 7(h) Expedited Non-Dispositive MOTION for Relief from the Order Granting Plaintiff's Motion to Reconsider Certification for Interlocutory Appeal of Order Denying Motion to Dismiss, and Vacating Certification. (DKT. NO. 36) by All Defendants. (Stadler, Ronald)

Sept. 27, 2016

Sept. 27, 2016

PACER
43

RESPONSE to Motion filed by Ashton Whitaker re 42 Rule 7(h) Expedited Non-Dispositive MOTION for Relief from the Order Granting Plaintiff's Motion to Reconsider Certification for Interlocutory Appeal of Order Denying Motion to Dismiss, and Vacating Certification. (DKT. NO. 36) . (Wardenski, Joseph)

Sept. 27, 2016

Sept. 27, 2016

PACER
44

Rule 7(h) Expedited Non-Dispositive MOTION to Stay Preliminary Injunction (DKT. No. 33) Pending Appeal by All Defendants. (Stadler, Ronald)

Sept. 28, 2016

Sept. 28, 2016

PACER
45

TRANSCRIPT of ORAL DECISION ON MOTION TO DISMISS held on 9/19/2016 before Judge Pamela Pepper Court Reporter/Transcriber John Schindhelm, Contact at WWW.JOHNSCHINDHELM.COM to order directly... Or. Transcripts may be purchased using the Transcript Order Form found on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 10/24/2016. Redacted Transcript Deadline set for 11/3/2016. Release of Transcript Restriction set for 1/1/2017. (Schindhelm, John)

Sept. 29, 2016

Sept. 29, 2016

PACER
46

ORDER signed by Judge Pamela Pepper on 10/3/2016 DENYING 44 Rule 7(h) Motion to Stay Preliminary Injunction (Dkt. No. 33) Pending Appeal. (cc: all counsel) (pwm)

Oct. 3, 2016

Oct. 3, 2016

RECAP
47

ORDER signed by Judge Pamela Pepper on 10/3/2016 DENYING 42 Defendants' Rule 7(h) Motion for Relief from the Order (Dkt. No. 36) Granting Plaintiff's Motion to Reconsider Certification of Interlocutory Appeal of Order Denying Motion to Dismiss and Vacating Certification. (cc: all counsel)(pwm)

Oct. 3, 2016

Oct. 3, 2016

PACER
48

MOTION to set Rule 16 scheduling conference by Ashton Whitaker. (Wardenski, Joseph)

Oct. 4, 2016

Oct. 4, 2016

RECAP

Notice of Hearing

Oct. 5, 2016

Oct. 5, 2016

PACER

NOTICE of hearing: A Rule 16 scheduling conference is scheduled for 10/21/2016 at 11:30 AM by telephone before Judge Pamela Pepper. The parties may appear by calling the court's conference line at 888-557-8511 and using the access code 4893665#. Pursuant to Fed. R. Civ. P. 26(f)(1) and Civ. L. R. 26(a), the parties must file a Rule 26(f) discovery plan no later than seven (7) days before the date of the Rule 16 conference. The court expects the parties to comply with the rules. The court may decline to discuss scheduling or issue a scheduling order until the parties have filed the Rule 26(f) plan. For additional information, please refer to Judge Pepper's procedures on the court's website at www.wied.uscourts.gov. (cc: all counsel)(pwm)

Oct. 5, 2016

Oct. 5, 2016

PACER
49

TRANSCRIPT of ORAL ARGUMENT ON MOTION TO DISMISS AND MOTION FOR PRELIMINARY INJUNCTION held on 9/6/2016 before Judge Pamela Pepper Court Reporter/Transcriber John Schindhelm, Contact at WWW.JOHNSCHINDHELM.COM to order directly... Or. Transcripts may be purchased using the Transcript Order Form found on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 10/31/2016. Redacted Transcript Deadline set for 11/10/2016. Release of Transcript Restriction set for 1/8/2017. (Schindhelm, John)

Oct. 7, 2016

Oct. 7, 2016

PACER
50

TRANSCRIPT of ORAL ARGUMENT ON MOTION FOR PRELIMINARY INJUNCTION held on 9/20/2016 before Judge Pamela Pepper Court Reporter/Transcriber John Schindhelm, Contact at WWW.JOHNSCHINDHELM.COM to order directly... Or. Transcripts may be purchased using the Transcript Order Form found on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 10/31/2016. Redacted Transcript Deadline set for 11/10/2016. Release of Transcript Restriction set for 1/8/2017. (Schindhelm, John)

Oct. 7, 2016

Oct. 7, 2016

PACER
51

Joint REPORT of Rule 26(f) Plan by All Parties by Ashton Whitaker. (Wardenski, Joseph)

Oct. 14, 2016

Oct. 14, 2016

PACER
52

ANSWER to 12 Amended Complaint, with Jury Demand by All Defendants.(Stadler, Ronald)

Oct. 18, 2016

Oct. 18, 2016

PACER
53

Court Minutes and order from the scheduling conference held on 10/21/2016: The court scheduled the final pretrial conference on 9/28/2017 at 1:30 PM in Room 225, and the jury trial (est. 5 days) on 10/16/2017 at 9:00 AM in Room 225. Please refer to the court's order for all the scheduling deadlines. (cc: all counsel)(pwm) (Entered: 10/27/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
54

Unopposed MOTION to Modify Scheduling Order by Ashton Whitaker. (Wardenski, Joseph)

Nov. 14, 2016

Nov. 14, 2016

PACER

Text Only Order

Dec. 13, 2016

Dec. 13, 2016

PACER

TEXT ONLY ORDER signed by Judge Pamela Pepper on 12/14/2016 re 54 Unopposed MOTION to Modify Scheduling Order filed by Ashton Whitaker: The plaintiff filed this unopposed motion to modify the October 21, 2016 scheduling order on November 14, 2016. The court extends its apologies to both parties for its delay in ruling on this motion. The court GRANTS the plaintiff's unopposed motion to modify the scheduling order. The court ORDERS, nunc pro tunc, that the deadline for exchanging Rule 26(a)(1) disclosures is extended to November 18, 2016. The court ORDERS that the deadline for the plaintiff to disclose the identities and reports of his expert witnesses is EXTENDED to January 31, 2017. The court ORDERS that the deadline for the defendants to disclose the identities and reports of their expert witnesses is extended to March 28, 2017. All other deadlines and dates set in the October 21, 2016 scheduling order remain in effect. (cc: all counsel)(Pepper, Pamela)

Dec. 13, 2016

Dec. 13, 2016

PACER

Set/Reset Deadlines

Dec. 13, 2016

Dec. 13, 2016

PACER

Set/Reset Deadlines: Plaintiffs Expert Witness List due by 1/31/2017 Defendants Expert Witness List due by 3/28/2017 Rule 26(a) Disclosures to be exchanged by 11/18/2016. (amb)

Dec. 13, 2016

Dec. 13, 2016

PACER
55

Joint MOTION to Modify Scheduling Order by Ashton Whitaker. (Wardenski, Joseph)

Jan. 9, 2017

Jan. 9, 2017

PACER
56

ORDER signed by Judge Pamela Pepper on 1/9/2017 GRANTING 55 the joint motion to modify the scheduling order. The court ORDERS that (1) The plaintiff's deadline to disclose the identities and reports of his expert witnesses is extended to 2/21/2017; (2) The defendants' deadline to disclose the identities and reports of their expert witnesses is extended to 4/20/2017; (3) The plaintiff's deadline to file a motion seeking leave to identify any rebuttal experts is extended to 5/10/2017; (4) The deadline for the parties to complete all fact discovery is extended to 6/16/2017; (5) The deadline for the parties to complete all expert discovery is extended to 6/30/2017; and, (6) The deadline for any party to file dispositive motions is extended to 7/31/2017. The court ORDERS that the final pretrial conference set for 9/28/17 and the jury trial set for 10/16/17 are REMOVED from the hearing calendar. The court will set a status conference to discuss modifications to the pretrial schedule and trial date. (cc: all counsel) (pwm)

Jan. 9, 2017

Jan. 9, 2017

PACER
57

Joint MOTION for Protective Order by Ashton Whitaker. (Wardenski, Joseph)

Jan. 30, 2017

Jan. 30, 2017

PACER
58

ORDER signed by Judge Pamela Pepper on 2/2/2017 GRANTING 57 Joint Motion for Protective Order. (cc: all counsel) (pwm)

Feb. 2, 2017

Feb. 2, 2017

PACER
59

Certified Record on Appeal 16-3522 Transmitted to US Court of Appeals consisting of 4 vol pldgs sent electronically re 34 Notice of Appeal (cc: all counsel) (Attachments: # 1 docket sheet)(dl)

Feb. 13, 2017

Feb. 13, 2017

PACER
60

NOTICE of Appearance by Robert D Friedman on behalf of Ashton Whitaker. Attorney(s) appearing: Robert D. Friedman (Friedman, Robert)

March 21, 2017

March 21, 2017

PACER
61

First MOTION for Order For Independent Medical Examination of Plaintiff by All Defendants. (Stadler, Ronald)

April 28, 2017

April 28, 2017

PACER
62

BRIEF in Support filed by All Defendants re 61 First MOTION for Order For Independent Medical Examination of Plaintiff . (Attachments: # 1 Exhibit)(Stadler, Ronald)

April 28, 2017

April 28, 2017

PACER
63

Joint MOTION to Stay Discovery by Ashton Whitaker. (Wardenski, Joseph)

May 1, 2017

May 1, 2017

PACER
64

ORDER signed by Judge Pamela Pepper on 5/4/2017 GRANTING 63 Joint MOTION to Stay Discovery. The court ORDERS that discovery is stayed until the date that the 7th Circuit issues its decision in defendants' appeal of the preliminary injunction this court issued, or the last day of the school year in the Kenosha Unified School District on 6/12/2017, whichever is later. No later than 6/27/2017 or 15 days after the date the 7th Circuit issues is ruling, whichever is later, the parties shall confer and propose to the court a modified scheduling order to govern the remainder of discovery and pretrial deadlines. (cc: all counsel)(pwm)

May 5, 2017

May 5, 2017

PACER
65

USCA Mandate (certified copy) as to 34 Notice of Appeal filed by Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis USCA Number 16-3522. The district court's order granting the Appellee's motion for a preliminary injunction is AFFIRMED. Opinion, Final Judgment and Bill of Costs attached. (lmf)

June 21, 2017

June 21, 2017

PACER
66

Joint MOTION to Modify Scheduling Order by Ashton Whitaker. (Wardenski, Joseph)

June 27, 2017

June 27, 2017

PACER
67

ORDER signed by Judge Pamela Pepper on 6/30/2017 GRANTING 66 Joint Motion to Modify Scheduling Order. Plaintiff to file response to defendants' Rule 35 motion by end of day 7/10/2017; if plaintiff files response, defendants may file reply by end of day 7/17/2017. If the court grants the Rule 35 motion, it will set deadlines for independent medical examination of plaintiff and disclosure of report of results of examination. Discovery (fact and expert) due by 11/3/2017. Dispositive Motions due by 12/18/2017; response and reply deadlines mandated by local rules shall apply. Any party filing proposed findings of fact shall also email a Word version of those proposed findings to PepperPO@wied.uscourts.gov. The court will set telephonic scheduling conference to discuss possible dates for final pretrial conference and trial. (cc: all counsel) (cb)

June 30, 2017

June 30, 2017

PACER

Notice of Hearing

July 6, 2017

July 6, 2017

PACER

NOTICE of Hearing: Scheduling Conference to discuss final pretrial conference and trial dates set for 11/6/2017 at 11:30 AM by telephone before Judge Pamela Pepper. Parties wishing to appear by phone may do so by calling the court's conference line at 888-557-8511 and using access code 4893665#. (cc: all counsel)(cb)

July 6, 2017

July 6, 2017

PACER
68

Joint MOTION for Order Governing Independent Medical Examination of Plaintiff by Ashton Whitaker. (Wardenski, Joseph)

July 10, 2017

July 10, 2017

PACER
69

NOTICE of Appearance by Joseph J. Wardenski on behalf of Ashton Whitaker. Attorney(s) appearing: Withdrawal of Attorneys Alison Pennington and Sasha Buchert (Wardenski, Joseph)

July 10, 2017

July 10, 2017

PACER
70

ORDER signed by Judge Pamela Pepper on 7/11/2017. 68 Joint MOTION for Order Governing Independent Medical Examination of Plaintiff GRANTED; see order for details. 61 Defendants' MOTION For Independent Medical Examination of Plaintiff DISMISSED as moot. (cc: all counsel)(cb)

July 11, 2017

July 11, 2017

PACER
71

NOTICE of Appearance by Joseph J. Wardenski on behalf of Ashton Whitaker. Attorney(s) appearing: Withdrawal of Appearance of Robert D. Friedman (Wardenski, Joseph)

July 20, 2017

July 20, 2017

PACER
72

STIPULATION (Joint) to dismiss defendant Savaglio-Jarvis filed by All Defendants (Stadler, Ronald) Modified on 8/10/2017 (vkb)

Aug. 9, 2017

Aug. 9, 2017

PACER

Text Only Order

Aug. 11, 2017

Aug. 11, 2017

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Education

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: July 19, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Transgender male student denied access to school facilities and activities matching his gender identity.

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kenosha Unified School District No. 1 (Kenosha), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $800,000.00

Order Duration: 2018 - 2028

Content of Injunction:

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Discrimination-basis:

Gender identity

Sex discrimination

Type of Facility:

Government-run