Case: Women's Liberation Front v. U.S. Department of Justice

1:16-cv-00915 | U.S. District Court for the District of New Mexico

Filed Date: Aug. 11, 2016

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On August 11, 2016, the Women's Liberation Front ("WoLF") - an unincorporated association of radical feminists dedicated to the total liberation of women and fighting to end male violence, regain reproductive sovereignty for women, and preserve women-only spaces - filed this lawsuit in the U.S. District Court for the District of New Mexico. The plaintiff sued the Department of Justice, alleging that the Department's May 13 Guidance, which required schools to provide restrooms and locker rooms o…

On August 11, 2016, the Women's Liberation Front ("WoLF") - an unincorporated association of radical feminists dedicated to the total liberation of women and fighting to end male violence, regain reproductive sovereignty for women, and preserve women-only spaces - filed this lawsuit in the U.S. District Court for the District of New Mexico. The plaintiff sued the Department of Justice, alleging that the Department's May 13 Guidance, which required schools to provide restrooms and locker rooms on the basis of sex, but allowed transgender students access to such facilities consistent with their gender identity, violated the Administrative Procedure Act, Title IX of the Educational Amendments of 1872, and the Fifth and Fourteenth Amendments of the US Constitution. Specifically, the plaintiff alleged that the May 13 Guidance violated the express terms of Title IX, which provides women with their own facilities, by expanding the definition of "sex" beyond its biological definition, and equating its definition with the definition of "gender identity."

On October 24, 2016, the DOJ filed a motion to dismiss for failure to state a claim. On October 31, 2016, WoLF filed a motion to stay, which was granted by Magistrate Judge William P. Lynch on November 2, 2016, pending the U.S. Supreme Court's decision in Gloucester County School Board v. G.G., which was expected to address the proper interpretation of Title IX and its coverage of trans students. However, on January 20, 2017, Donald Trump became President of the United States. His administration refused to support the previous DOJ's efforts to protect trans students from discrimination. Therefore, before the Supreme Court could hear Gloucester County School Board v G.G., the Department of Justice withdrew the May 13 Guidance.

With the defendant's withdrawal of the May 13 Guidance, the plaintiff no longer had a legal claim in this suit. So, on March 16, 2017, the plaintiff voluntarily dismissed its complaint. Because voluntary dismissals are without prejudice, the plaintiff can file another case case if the Department of Justice were to reinstate the May 13 Guidance.

Summary Authors

Saeeda Joseph-Charles (12/15/2016)

Mackenzie Walz (3/20/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4313609/parties/womens-liberation-front-v-united-states-department-of-justice/


Judge(s)

Molzen, Karen Ballard (New Mexico)

Parker, James Aubrey (New Mexico)

Attorneys(s) for Plaintiff

Berse, Farrah Robyn (New York)

Bookbinder, David (Virginia)

Coffey, Kendall Brindley (Florida)

Dietert, Zachary Alan (District of Columbia)

Ebenstein, Julie A. (Florida)

Kasdan, Diana (New York)

Marshall, Randall C (Florida)

Marziani, Mimi Murray Digby (Texas)

Judge(s)

Molzen, Karen Ballard (New Mexico)

Parker, James Aubrey (New Mexico)

Attorneys(s) for Plaintiff

Berse, Farrah Robyn (New York)

Bookbinder, David (Virginia)

Coffey, Kendall Brindley (Florida)

Dietert, Zachary Alan (District of Columbia)

Ebenstein, Julie A. (Florida)

Kasdan, Diana (New York)

Marshall, Randall C (Florida)

Marziani, Mimi Murray Digby (Texas)

Rowland, Lee B. (New York)

Twohig, R. Raymond Jr. (New Mexico)

Weiser, Wendy R. (New York)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Davis, Ashley E. (Florida)

Nestler, Emily B. (District of Columbia)

Nordby, Daniel E. (Florida)

Winship, Blaine H (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

March 16, 2017 Docket
1

Complaint

Aug. 11, 2016 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4313609/womens-liberation-front-v-united-states-department-of-justice/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing Fee - Online Payment), filed by Women's Liberation Front. (Twohig, Ray) (Entered: 08/11/2016)

Aug. 11, 2016 RECAP

Filing and Admin Fees Received

Aug. 11, 2016 PACER

Association Dues for Attorney Licensed Outside the District

Aug. 11, 2016 PACER

Filing and Administrative Fees Received: $ 400 receipt number 1084-4751581 re 1 Complaint filed by Women's Liberation Front (Payment made via Pay.gov)(Twohig, Ray)

Aug. 11, 2016 PACER
2

ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Women's Liberation Front by Ray Twohig on behalf of: David Bookbinder Law Offices of David Bookginder, PLLC 107 S. West Street, Suite 491Alexandria VA 22314 (301) 751-0611 david.bookbinder@verizon.net (Association Dues - Online Payment) (Twohig, Ray)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/11/2016)

Aug. 11, 2016 PACER

Add and Terminate Judges

Aug. 11, 2016 PACER

Association Dues Received: $ 100 receipt number 1084-4751727 re: # 2 Association of Attorney Licensed Outside the District, filed by Women's Liberation Front (Payment made via Pay.gov)(Twohig, Ray)

Aug. 11, 2016 PACER
3

APPENDIX/SUPPLEMENT re 1 Complaint Civil Cover Sheet by Women's Liberation Front (Twohig, Ray) (Entered: 08/11/2016)

Aug. 11, 2016 PACER

United States Magistrate Judge William P Lynch and United States Magistrate Judge Karen B. Molzen assigned. (ln)

Aug. 11, 2016 PACER
4

PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge William P Lynch to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) (Entered: 08/11/2016)

Aug. 11, 2016 PACER
5

NOTICE by Women's Liberation Front re 2 Association of Attorney Licensed Outside the District, of Certification (Twohig, Ray) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
6

Consent Notification Letter by Magistrate Judge William P. Lynch. (ph) (Entered: 08/15/2016)

Aug. 15, 2016 PACER

Summons Issued as to Vanita Gupta, John B. King, Loretta E. Lynch, United States Department of Education and United States Department of Justice. (iam)

Aug. 16, 2016 PACER

Summons Issued as to USA

Aug. 16, 2016 PACER
7

NOTICE of Appearance by Benjamin Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
8

Unopposed MOTION for Leave to File Excess Pages by Vanita Gupta, John B. King, Loretta E. Lynch, United States Department of Education, United States Department of Justice. (Berwick, Benjamin) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
9

ORDER by Magistrate Judge William P. Lynch granting 8 Motion for Leave to File Excess Pages. (ph) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
10

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Vanita Gupta, John B. King, Loretta E. Lynch, United States Department of Education, United States Department of Justice. (Attachments: # 1 Memorandum in Support of Defendants' Motion to Dismiss) (Berwick, Benjamin) (Entered: 10/24/2016)

1 Memorandum in Support of Defendants' Motion to Dismiss

View on RECAP

Oct. 24, 2016 RECAP
11

MOTION to Stay by Women's Liberation Front. (Bookbinder, David) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
12

BRIEF re 11 MOTION to Stay by Women's Liberation Front (Bookbinder, David) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
13

NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (ph)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/01/2016)

Nov. 1, 2016 PACER
14

CONSENT NOTIFICATION LETTER by Magistrate Judge William P. Lynch. (ph) (Entered: 11/01/2016)

Nov. 1, 2016 PACER
15

ORDER by Chief Magistrate Judge Karen B. Molzen granting 11 Unopposed Motion to Stay Proceedings until 30 days following the Supreme Courts decision in Gloucester County School Board v. G.G., No. 16-273 or further Order of the Court. (KBM) (Entered: 11/02/2016)

Nov. 2, 2016 PACER
16

PLEASE TAKE NOTICE that this case has been reassigned to Senior U.S. District Judge James A. Parker as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. U.S. Magistrate Judge William P. Lynch no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mr) (Entered: 11/18/2016)

Nov. 18, 2016 PACER
17

NOTICE of Attorney Substitution: Emily Nestler substituted for Benjamin Berwick (Nestler, Emily) (Entered: 03/13/2017)

March 13, 2017 PACER
18

ORDER by Chief Magistrate Judge Karen B. Molzen lifting the stay and directing the parties to submit a proposed order setting a briefing schedule for 10 Defendants' Motion to Dismiss. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (am) (Entered: 03/14/2017)

March 14, 2017 PACER
19

AMENDED [AS TO DEADLINE] ORDER by Chief Magistrate Judge Karen B. Molzen lifting the stay and directing the parties to submit a proposed order setting a briefing schedule for 10 Defendants' Motion to Dismiss by 3/21/2017. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (am) (am) (Entered: 03/14/2017)

March 14, 2017 PACER
20

NOTICE of Voluntary Dismissal of Case by Women's Liberation Front (Twohig, Ray) (Entered: 03/16/2017)

March 16, 2017 RECAP

State / Territory: New Mexico

Case Type(s):

Education

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: Aug. 11, 2016

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women's Liberation Front ("WoLF"), an unincorporated association of radical feminists dedicated to the total liberation of women fighting to, among other things, end male violence, regain reproductive sovereignty for women, and preserve women-only spaces

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice, Federal

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Gay/lesbian/transgender

Discrimination-basis:

Gender identity

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run