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Case: Soule v. Connecticut Association of Schools, Inc.

3:20-cv-00201 | U.S. District Court for the District of Connecticut

Filed Date: Feb. 12, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

The four plaintiffs in this case are high school track athletes who alleged that having to compete against transgender female peers (consistently referred to as "biological males" in their briefs) has caused the plaintiffs to lose out on significant opportunities to win competitions and further advance in their track careers. They filed suit on February 12, 2020 in the District Court for the District of Connecticut against their school districts and the Connecticut Interschool Athletic Conferen…

The four plaintiffs in this case are high school track athletes who alleged that having to compete against transgender female peers (consistently referred to as "biological males" in their briefs) has caused the plaintiffs to lose out on significant opportunities to win competitions and further advance in their track careers. They filed suit on February 12, 2020 in the District Court for the District of Connecticut against their school districts and the Connecticut Interschool Athletic Conference, represented by the nonprofit Alliance Defending Freedom. They alleged violations of Title IX and sought declaratory and injunctive relief, along with a preliminary injunction to prevent transgender female athletes from competing against other female athletes for the spring 2020 track season.

Background

Specifically, the student-athlete plaintiffs alleged that by allowing transgender female athletes to compete in girls' sporting events, the defendant school districts violate rights of other girls competing in high school sports under Title IX in two ways. First, the plaintiffs complained, they failed to provide effective accommodation for the interests and abilities of girls by failing to provide an appropriate competitive environment for girls. Second, they failed to provide equal treatment, benefits, and opportunities for girls as compared to boys' sports.

Procedural History

This case was filed just as the novel coronavirus pandemic was beginning to affect the operations of public schools across the country. On April 8, 2020, plaintiff's motion for a preliminary injunction was denied by Judge Robert N. Chatigny, who stated that it was highly unlikely that the spring track season would occur and that therefore plaintiffs had no need of preliminary relief. A more detailed scheduling order was filed, with settlement conferences and trial both scheduled for 2021.

Several additional parties took an interest in this case. On February 21, 2020, two transgender female students who were repeatedly named in the complaint filed a motion to intervene, which was granted by the court on April 22, 2020. They were represented by the ACLU and the ACLU of Connecticut. On March 24, 2020, the United States filed a statement of interest through the Department of Justice indicating support for the plaintiffs' position. On April 20, 2020, the school district defendants filed a motion to join the Department of Education (DOE) as a party to the case. They noted that the plaintiffs in this case had also filed a DOE Office of Civil Rights (OCR) complaint, and they were worried about getting two different outcomes if DOE was involved in the OCR complaint, but not in this lawsuit. They also expressed confusion that the United States had indicated an interest in this case through its March 24 filing, but that the DOE, which is responsible for interpreting and enforcing Title IX, was not involved. The DOE submitted a memorandum in opposition to joinder on May 11, 2020.

On April 16, 2020, during a telephone hearing, Judge Chatigny instructed plaintiffs' counsel to refer to the intervenors as "transgender females" rather than as "males." On May 8, 2020, plaintiffs filed a motion to disqualify, alleging that this order indicated a lack of impartiality and rejected the core arguments of plaintiffs' lawsuit. The judge denied the motion on June 16, 2020. In response, plaintiffs filed a petition for a writ of mandamus in the U.S. Court of Appeals for the Second Circuit, arguing that the district court judge should be compelled to recuse himself due to bias. The Second Circuit denied plaintiffs’ petition in November 2020, holding that plaintiffs had not demonstrated that the district court judge clearly and indisputably abused his discretion. 

Meanwhile, the plaintiffs filed a second amended complaint on August 11, 2020, adding language about the harms caused by specific defendants to specific plaintiffs. Defendants filed a motion to dismiss the second amended complaint on August 21, 2020 for lack of jurisdiction and for failure to state a claim upon which relief could be granted. The United States, now under the Biden administration, withdrew its statement of interest in the case, concluding that the policy statements provided by the DOE under the Trump administration were issued “without the review required for agency guidance documents that set out policy on a regulatory issue.” Because of this withdrawal, the district court denied the defendants’ earlier motion for joinder on March 30, 2021. 

Motion to Dismiss

The district court granted defendants’ motion to dismiss on April 25, 2021. 2021 WL 1617206. The court found that plaintiffs’ request to enjoin the CIAC policy was moot because the two named defendants had graduated, and there was no indication that plaintiffs would encounter competition from any other transgender student who would be participating in girls’ track during their time left in school. Even if they would encounter similar competition, though, the court still found that a legally cognizable injury to these plaintiffs would depend on a transgender student running in the same events and achieving substantially similar times – a “speculative contingency” insufficient to be a case or controversy under the Constitution. 

Additionally, the court held that plaintiffs lacked standing to seek an injunction requiring changes in the defendants’ records. Plaintiffs sought an order requiring the defendants to revise records of races in which two of the named defendants competed by eliminating them from the order of finish and moving everyone else up one position. Plaintiffs contended that the revisions were relevant to their ability to get scholarships and jobs in the future. Defendants argued that it was not likely that this requested relief would be redressed by a favorable decision, given that “gauging the effect of the requested revisions on prospective employers require[d] guesswork” about how independent decision-makers would exercise their judgment. The court agreed. 

Finally, plaintiffs argued that even if their claims to injunctive relief were barred, they still had a claim for monetary relief. The court found that defendants had not received the requisite notice under Title IX that they could be liable for the conduct at issue, and thus money damages were barred. Given that plaintiffs’ claims for both injunctive and monetary relief could not move forward, the district court granted defendants’ motion to dismiss. 

Current Status

Plaintiffs appealed the district court’s dismissal of the case to the Second Circuit on May 26, 2021. As of April 2022, the appeal is pending. 

The case is ongoing.

Summary Authors

Hetali Lodaya (6/1/2020)

Zoe Goldstein (4/11/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16835048/parties/soule-v-connecticut-association-of-schools-inc/


Judge(s)

Chatigny, Robert N. (Connecticut)

Attorneys(s) for Plaintiff

Brooks, Roger Greenwood (Arizona)

Holcomb, Christiana (District of Columbia)

Howard, James H (Connecticut)

Shafer, Jeffrey A (District of Columbia)

Waggoner, Kristen K. (Arizona)

Wood, Howard M III (Connecticut)

Attorneys(s) for Defendant

Bischoff, Tyler (Connecticut)

Monastersky, David S (Connecticut)

Murphy, Peter Joseph (Connecticut)

Judge(s)

Chatigny, Robert N. (Connecticut)

Attorneys(s) for Plaintiff

Brooks, Roger Greenwood (Arizona)

Holcomb, Christiana (District of Columbia)

Howard, James H (Connecticut)

Shafer, Jeffrey A (District of Columbia)

Waggoner, Kristen K. (Arizona)

Wood, Howard M III (Connecticut)

Attorneys(s) for Defendant

Bischoff, Tyler (Connecticut)

Monastersky, David S (Connecticut)

Murphy, Peter Joseph (Connecticut)

Shihabi, Mohammad (New York)

Smith, Elizabeth Mott (Connecticut)

Yoder, Linda L. (Connecticut)

Zelman, Johanna G (Connecticut)

Other Attorney(s)

Barr, William P. (District of Columbia)

Barrett, Dan (Connecticut)

Block, Joshua A (New York)

Donnelly, Matthew J. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Durham, John H. (Connecticut)

Esseks, James Dixon (New York)

Gardner, Joshua Edward (District of Columbia)

Hughes, John B. (Connecticut)

Kaley, Lindsey (New York)

Roberts, Michael B. (District of Columbia)

Sherwin, Galen (New York)

Strangio, Chase (New York)

Documents in the Clearinghouse

Document

3:20-cv-00201

Docket [PACER]

Soule v. Connecticut Association of Schools

June 16, 2020

June 16, 2020

Docket
1

3:20-cv-00201

Verified Complaint for Declaratory and Injunctive Relief and Damages

Soule v. Connecticut Association of Schools

Feb. 12, 2020

Feb. 12, 2020

Complaint
36

3:20-cv-00201

Motion of Andraya Yearwood and Thania Edwards, on Behalf of her Daughter, T.M., to Intervene as Defendants

Soule v. Connecticut Association of Schools

Feb. 21, 2020

Feb. 21, 2020

Pleading / Motion / Brief
75

3:20-cv-00201

Statement of Interest

Soule v. Connecticut Association of Schools

March 24, 2020

March 24, 2020

Pleading / Motion / Brief
89

3:20-cv-00201

Amended Verified Complaint For Declaratory and Injunctive Relief and Damages

Soule v. Connecticut Association of Schools

April 17, 2020

April 17, 2020

Complaint
92

3:20-cv-00201

Order on Motion to Intervene

Soule v. Connecticut Association of Schools

April 22, 2020

April 22, 2020

Order/Opinion
141

3:20-cv-00201

Second Amended Verified Complaint for Declaratory and Injunctive Relief and Damages

Aug. 11, 2020

Aug. 11, 2020

Complaint
172-1

3:20-cv-00201

DOJ Withdrawal Letter

Feb. 23, 2021

Feb. 23, 2021

Correspondence
178

3:20-cv-00201

Order on Motion to Dismiss

April 25, 2021

April 25, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16835048/soule-v-connecticut-association-of-schools-inc/

Last updated Sept. 2, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5691204.), filed by Selina Soule, Alanna Smith, Chelsea Mitchell. (Attachments: # 1 Civil Cover Sheet)(Wood, Howard) (Entered: 02/12/2020)

1 Civil Cover Sheet

View on RECAP

Feb. 12, 2020

Feb. 12, 2020

Clearinghouse
2

MOTION for Attorney(s) Roger G. Brooks to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691797) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Roger G. Brooks, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)

1 Affidavit of Roger G. Brooks

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2 Text of Proposed Order

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Feb. 12, 2020

Feb. 12, 2020

PACER
3

MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Jeffrey A. Shaffer, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)

1 Affidavit of Jeffrey A. Shaffer

View on PACER

2 Text of Proposed Order

View on PACER

Feb. 12, 2020

Feb. 12, 2020

PACER
4

MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Christiana M. Holcomb, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)

1 Affidavit of Christiana M. Holcomb

View on PACER

2 Text of Proposed Order

View on PACER

Feb. 12, 2020

Feb. 12, 2020

PACER
5

Order on Pretrial Deadlines: Amended Pleadings due by 4/12/2020. Discovery due by 8/13/2020. Dispositive Motions due by 9/17/2020. Signed by Clerk on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
6

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Robert N. Chatigny on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
7

STANDING PROTECTIVE ORDER Signed by Judge Robert N. Chatigny on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

RECAP
8

MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5692198) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Kristen K. Waggoner, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)

1 Affidavit of Kristen K. Waggoner

View on PACER

2 Text of Proposed Order

View on PACER

Feb. 12, 2020

Feb. 12, 2020

PACER
9

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 5 Order on Pretrial Deadlines, 3 MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 6 Electronic Filing Order, 4 MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 2 MOTION for Attorney(s) Roger G. Brooks to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691797) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 8 MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5692198) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 7 Standing Protective Order, 1 Complaint filed by Chelsea Mitchell, Alanna Smith, Selina Soule Signed by Clerk on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
10

ORDER granting 2 Motion to Appear Pro Hac Vice as to Roger G. Brooks. Certificate of Good Standing due by 4/12/2020. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
11

ORDER granting 3 Motion to Appear Pro Hac Vice as to Jeffrey A. Shafer. Certificate of Good Standing due by 4/12/2020.. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
12

MOTION for Preliminary Injunction by Chelsea Mitchell, Alanna Smith, Selina Soule.Responses due by 3/4/2020 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)

1 Memorandum in Support

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2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

4 Exhibit C

View on RECAP

5 Text of Proposed Order

View on RECAP

Feb. 12, 2020

Feb. 12, 2020

RECAP
13

ORDER granting 4 Motion to Appear Pro Hac Vice as to Christiana M. Holcomb. Certificate of Good Standing due by 4/12/2020. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
14

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education* with answer to complaint due within *21* days. Attorney *Howard M. Wood, III* *Phelon, Fitzgerald & Wood* *773 Main St.* *Manchester, CT 06040*. (Murphy, Tatihana) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
15

MOTION to Expedite Hearing to Show Cause and Briefing Schedule by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)

1 Text of Proposed Order

View on RECAP

Feb. 12, 2020

Feb. 12, 2020

RECAP

Add and Terminate Judges

Feb. 12, 2020

Feb. 12, 2020

PACER

Judge Robert N. Chatigny added. (Nuzzi, Tiffany)

Feb. 12, 2020

Feb. 12, 2020

PACER

Request for Clerk to issue summons as to All Defendants. (Wood, Howard)

Feb. 12, 2020

Feb. 12, 2020

PACER

Request to Issue Summons

Feb. 12, 2020

Feb. 12, 2020

PACER

Order on Motion for Admission Pro Hac Vice

Feb. 12, 2020

Feb. 12, 2020

PACER
16

MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Kristen Waggoner, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/13/2020)

1 Affidavit of Kristen Waggoner

View on PACER

2 Text of Proposed Order

View on PACER

Feb. 13, 2020

Feb. 13, 2020

PACER
17

ORDER granting 16 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 4/14/2020. Signed by Clerk on 2/14/2020. (Murphy, Tatihana) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
18

ORDER denying as moot 8 Motion to Appear pro hac vice in light of ECF No.17. Signed by Judge Robert N. Chatigny on 2/14/2020. (Rickevicius, L.) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
19

NOTICE of Appearance by Dan Barrett on behalf of Andraya Yearwood, Thania Edwards (Barrett, Dan) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
20

OBJECTION re 15 MOTION to Expedite Hearing to Show Cause and Briefing Schedule filed by Thania Edwards, Andraya Yearwood. (Barrett, Dan) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

RECAP
21

NOTICE of Appearance by Jeff Shafer on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Shafer, Jeff) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
22

NOTICE of Appearance by Roger Greenwood Brooks on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Brooks, Roger) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
23

NOTICE of Appearance by Christiana M. Holcomb on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Holcomb, Christiana) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER

Order on Motion for Admission Pro Hac Vice

Feb. 14, 2020

Feb. 14, 2020

PACER
24

REPLY to Response to 15 MOTION to Expedite Hearing to Show Cause and Briefing Schedule filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Howard, James) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

RECAP
25

NOTICE of Appearance by Kristen Waggoner on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Waggoner, Kristen) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
26

SUMMONS Returned Executed by Alanna Smith, Chelsea Mitchell, Selina Soule. Bloomfield Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020; Canton Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020; Connecticut Association of Schools, Inc. served on 2/19/2020, answer due 3/11/2020; Cromwell Public Schools Board of Education served on 2/19/2020, answer due 3/11/2020; Danbury Public Schools Board of Education served on 2/19/2020, answer due 3/11/2020; Glastonbury Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020. (Howard, James) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
27

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Conference Re: Next Steps set for 2/27/2020 at 2:00 PM before Judge Robert N. Chatigny. Plaintiffs' counsel will initiate the call to chambers at 860-240-2629 (conference line only) with all counsel on the line. (Rickevicius, L.) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
28

CERTIFICATE OF GOOD STANDING re 4 MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Holcomb, Christiana) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
29

CERTIFICATE OF GOOD STANDING re 3 MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Shafer, Jeff) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
30

CERTIFICATE OF GOOD STANDING re 16 MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice by Chelsea Mitchell, Alanna Smith, Selina Soule. (Waggoner, Kristen) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
31

NOTICE of Appearance by Peter Joseph Murphy on behalf of Connecticut Association of Schools, Inc. (Murphy, Peter) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
32

NOTICE of Appearance by Linda L. Yoder on behalf of Connecticut Association of Schools, Inc. (Yoder, Linda) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER

Calendar Entry

Feb. 20, 2020

Feb. 20, 2020

PACER
33

NOTICE of Appearance by Johanna G. Zelman on behalf of Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education (Zelman, Johanna) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
34

NOTICE of Appearance by Elizabeth Mott Smith on behalf of Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education (Smith, Elizabeth) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
35

MOTION for Attorney(s) Chase Strangio, Joshua Block, James Esseks, Lindsey Kaley, and Galen Sherwin to be Admitted Pro Hac Vice (paid $375 PHV fee; receipt number ACTDC-5707968) by Thania Edwards, Andraya Yearwood. (Barrett, Dan) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

RECAP
36

MOTION to Intervene as Defendants by Thania Edwards, Andraya Yearwood.Responses due by 3/13/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Barrett, Dan) (Entered: 02/21/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

3 Exhibit 3

View on RECAP

Feb. 21, 2020

Feb. 21, 2020

Clearinghouse
37

NOTICE of Appearance by David S. Monastersky on behalf of Canton Public Schools Board of Education, Glastonbury Public Schools Board of Education (Monastersky, David) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
38

ORDER granting 35 Motion to Appear Pro Hac Vice as to Chase Strangio, Joshua Block, James Esseks,Lindsey Kaley, and Galen Sherwin, Certificate of Good Standing due by 4/25/2020. Signed by Clerk on 2/25/2020. (Murphy, Tatihana) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER
39

CERTIFICATE OF GOOD STANDING re 2 MOTION for Attorney(s) Roger G. Brooks to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691797) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER

Order on Motion for Admission Pro Hac Vice

Feb. 25, 2020

Feb. 25, 2020

PACER
40

NOTICE of Appearance by Galen Sherwin on behalf of Thania Edwards, Andraya Yearwood (Sherwin, Galen) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
41

NOTICE of Appearance by Michael Roberts on behalf of Commission on Human Rights and Opportunities (Roberts, Michael) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
42

NOTICE of Appearance by Joshua A. Block on behalf of Thania Edwards, Andraya Yearwood (Block, Joshua) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

RECAP
43

MOTION to Intervene by Commission on Human Rights and Opportunities.Responses due by 3/18/2020 (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Exhibit)(Roberts, Michael) (Entered: 02/26/2020)

1 Memorandum in Support of Motion to Intervene

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2 Exhibit

View on RECAP

Feb. 26, 2020

Feb. 26, 2020

RECAP
44

NOTICE of Appearance by Chase Strangio on behalf of Thania Edwards, Andraya Yearwood (Strangio, Chase) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
45

NOTICE of Appearance by James D. Esseks on behalf of Thania Edwards, Andraya Yearwood (Esseks, James) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
46

NOTICE of Appearance by Lindsey Kaley on behalf of Thania Edwards, Andraya Yearwood (Kaley, Lindsey) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

RECAP
47

Memorandum in Opposition re 36 MOTION to Intervene as Defendants filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Exhibit A)(Wood, Howard) (Entered: 02/26/2020)

1 Exhibit A

View on RECAP

Feb. 26, 2020

Feb. 26, 2020

RECAP
48

NOTICE of Appearance by Peter Joseph Murphy on behalf of Danbury Public Schools Board of Education (Murphy, Peter) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
49

NOTICE of Appearance by Linda L. Yoder on behalf of Danbury Public Schools Board of Education (Yoder, Linda) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
50

EXHIBIT A - CORRECTED by Chelsea Mitchell, Alanna Smith, Selina Soule re 47 Memorandum in Opposition to Motion. (Wood, Howard) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
51

ORDER: As discussed on the telephonic status conference, the preliminary schedule is as follows. The individual proposed intervenors will file a reply brief in support of their motion to intervene on or before March 2, 2020. The CHRO will file a supplemental brief in support of its motion to intervene on or before March 2, 2020; plaintiffs will file an opposition brief on or before March 6, 2020; and the CHRO will file a reply brief on or before March 9, 2020. Defendants will file a brief outlining their positions on the issues of the case on or before March 13, 2020. The parties will then meet and confer in person at the offices of Shipman & Goodwin LLP on March 19, 2020 at 2:00 PM to discuss the needs of the case and propose a schedule. Signed by Judge Robert N. Chatigny on 2/27/2020.(Gazzola, Mario) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
52

Minute Entry for proceedings held before Judge Robert N. Chatigny: Telephone Status Conference re Preliminary Schedule held on 2/27/2020. Total Time: 1 hour and 9 minutes. (Court Reporter Warner, D.) (Pipech, L.) (Entered: 02/28/2020)

Feb. 27, 2020

Feb. 27, 2020

RECAP

Order

Feb. 27, 2020

Feb. 27, 2020

PACER
53

REPLY to Response to 36 MOTION to Intervene as Defendants filed by Thania Edwards, Andraya Yearwood. (Strangio, Chase) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

RECAP
54

Supplemental EXHIBIT by Commission on Human Rights and Opportunities re 43 MOTION to Intervene . (Roberts, Michael) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

RECAP
55

Memorandum in Support re 36 MOTION to Intervene as Defendants filed by Connecticut Association of Schools, Inc.. (Murphy, Peter) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

RECAP
56

Memorandum in Support re 36 MOTION to Intervene as Defendants filed by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education. (Zelman, Johanna) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

RECAP
57

RESPONSE re 56 Memorandum in Support of Motion, 55 Memorandum in Support of Motion by Chelsea Mitchell, Alanna Smith, Selina Soule. (Wood, Howard) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

RECAP
58

MOTION for Extension of Time until April 20, 2020 to file an answer or otherwise respond to Complaint 1 Complaint by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education. (Zelman, Johanna) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
59

Memorandum in Opposition re 58 MOTION for Extension of Time until April 20, 2020 to file an answer or otherwise respond to Complaint 1 Complaint filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Wood, Howard) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

RECAP
60

Memorandum in Opposition to Motion of the CHRO re 43 MOTION to Intervene filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Wood, Howard) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

RECAP
61

REPLY to Response to 43 MOTION to Intervene filed by Commission on Human Rights and Opportunities. (Roberts, Michael) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

RECAP
62

ORDER granting 58 Motion for Extension of Time to 4/20/2020 to file an answer or otherwise respond to the lawsuit filed by Plaintiffs. Signed by Judge Robert N. Chatigny on 3/11/2020. (Rickevicius, L.) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER

Order on Motion for Extension of Time

March 11, 2020

March 11, 2020

PACER

Answer deadline updated for Bloomfield Public Schools Board of Education to 4/20/2020; Canton Public Schools Board of Education to 4/20/2020; Connecticut Association of Schools, Inc. to 4/20/2020; Cromwell Public Schools Board of Education to 4/20/2020; Danbury Public Schools Board of Education to 4/20/2020; Glastonbury Public Schools Board of Education to 4/20/2020. (Rickevicius, L.)

March 11, 2020

March 11, 2020

PACER

Update Answer Deadline

March 11, 2020

March 11, 2020

PACER
63

Joint NOTICE by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education (Murphy, Peter) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

RECAP
64

NOTICE by Chelsea Mitchell, Alanna Smith, Selina Soule Position Re: Anonymity of minor (Howard, James) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

RECAP
65

Joint MOTION clarification on Proposed Intervenors' participation in meet and confer on 3/19/2020 by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood.Responses due by 4/7/2020 (Zelman, Johanna) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

RECAP
66

Joint MOTION for Clarification CORRECTED by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood. (Zelman, Johanna) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

RECAP
67

Memorandum in Opposition re 65 Joint MOTION clarification on Proposed Intervenors' participation in meet and confer on 3/19/2020 filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

RECAP
68

ORDER granting in part and denying in part 65 Motion. Insofar as the motion seeks clarification of the right of proposed intervenor-defendants Yearwood and Edwards to participate in tomorrow's conference, it is granted; insofar as it seeks an order permitting their counsel to actively participate in the conference in the same manner and to the same extent as counsel for the existing parties (i.e. as if their motion to intervene had already been granted unconditionally), it is denied. At this preliminary stage, and for purposes of this conference, the proposed intervenors' legal interests are more than adequately represented by counsel for the defendants, whose position on the matters to be discussed appears to closely align with that of the proposed intervenors in all material respects. This order does not exclude counsel from attending the conference. Proposed intervenors' counsel may attend by telephone as observers, just as counsel would be able to do if the conference were conducted in open court. Of course, proposed intervenors' counsel is free to speak with defendants' counsel during any breaks, again just as counsel would be able to do if the conference were in open court. The same is true of counsel for proposed intervenor-defendant CHRO. At the outset of the conference, CIAC should provide as much information as possible about the possibility that spring athletics will have to be cancelled due to the novel coronavirus pandemic, and the parties should then discuss what the impact of that would be on this case. So ordered. Signed by Judge Robert N. Chatigny on 3/18/20. (Chatigny, Robert) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
69

EXHIBIT by Chelsea Mitchell, Alanna Smith, Selina Soule re 64 Notice (Other). (Brooks, Roger) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

RECAP

Order on Motion for Miscellaneous Relief

March 18, 2020

March 18, 2020

PACER
70

NOTICE of Appearance by James H. Howard on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Howard, James) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

RECAP
71

MOTION for Extension of Time until March 27, 2020 to file report concerning results of meet and confer by Chelsea Mitchell, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

RECAP
72

ORDER granting 71 Consent Motion for Extension of Time to 3/27/2020 to report to the Court concerning the results of discussions between the parties. Signed by Judge Robert N. Chatigny on 3/20/2020. (Rickevicius, L.) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
73

ORDER finding as moot 66 Motion for Clarification. Signed by Judge Robert N. Chatigny on 3/20/20. (Chatigny, Robert) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER

Order on Motion for Clarification

March 20, 2020

March 20, 2020

PACER

Order on Motion for Extension of Time

March 20, 2020

March 20, 2020

PACER
74

NOTICE of Appearance by Matthew Donnelly on behalf of United States (Donnelly, Matthew) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

RECAP
75

NOTICE by United States of Statement of Interest (Donnelly, Matthew) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

Clearinghouse
76

CERTIFICATE OF GOOD STANDING re 35 MOTION for Attorney(s) Chase Strangio, Joshua Block, James Esseks, Lindsey Kaley, and Galen Sherwin to be Admitted Pro Hac Vice (paid $375 PHV fee; receipt number ACTDC-5707968) by Thania Edwards, Andraya Yearwood. (Kaley, Lindsey) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

RECAP
77

Joint RESPONSE by Chelsea Mitchell, Alanna Smith, Selina Soule (From Meet-and-Confer Conference). (Brooks, Roger) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

RECAP
78

Joint RESPONSE by Thania Edwards, Andraya Yearwood and all parties regarding conference on conditions of intervention. (Barrett, Dan) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

RECAP
79

CASE MANAGEMENT ORDER: The Court thanks counsel for the Parties' Joint Response From Meet-And-Confer Conference. The parties' respective proposals reflect due consideration of numerous issues in a compressed timeframe, which is appreciated. Based on the latest available information concerning the current status of the pandemic in Connecticut, and its probable future course, it seems all but certain that school will not resume before the fall term. Accordingly, having had the benefit of the parties' joint report, and mindful of the proposals it contains, I think it will be most helpful if counsel confer and submit a supplemental Joint Response, on or before April 6, 2020, with regard to the following: assuming CIAC will soon be forced to cancel spring athletics due to the pandemic, what issues will still need to be adjudicated in this case, in what order should the issues be taken up, and what schedule should be adopted for adjudicating the issues? For example, what impact will cancellation of the spring season have on the plaintiffs' claims for declaratory and injunctive relief? If plaintiffs intend to press claims for declaratory and injunctive relief notwithstanding cancellation of the spring season, what steps will be required to adjudicate the claims, what would be the best sequence for those steps, and what schedule should be adopted for completing them? If, as has been reported, plaintiffs intend to seek damages in any event, what steps will be required to adjudicate any such claims, what would be the optimal sequence for those steps, and what schedule should be adopted for completing them? For example, would defendants seek to file a pre-discovery motion to dismiss? Assuming such a motion were to be filed, what schedule would counsel suggest for briefing and arguing the motion. Counsel should note that the Court is in the process of making arrangements to conduct proceedings remotely during the lockdown, which is now expected to last some months. If counsel need more time to confer and submit the Supplemental Joint Response, they may request an extension of the April 6 deadline by calling chambers (i.e. without the need for filing a formal motion). So ordered. Signed by Judge Robert N. Chatigny on 3/28/20.(Chatigny, Robert) (Entered: 03/28/2020)

March 28, 2020

March 28, 2020

PACER

Case Management Order

March 28, 2020

March 28, 2020

PACER
80

MOTION to Expedite Order to Show Cause Hearing by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Brooks, Roger) (Entered: 04/06/2020)

1 Exhibit A

View on PACER

2 Text of Proposed Order

View on PACER

April 6, 2020

April 6, 2020

PACER
81

Joint RESPONSE From Meet-and-Confer Concerning Case Scheduling in the Event of Complete Cancellation of Spring Season filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

RECAP
82

ORDER denying 80 Motion to Expedite. Plaintiffs' motion to expedite asks the Court to proceed with their motion for a preliminary injunction as though high school track meets, which have been indefinitely suspended due to the coronavirus pandemic, will be conducted before the fall. The motion relies on CIAC's decision to "hold off as long as possible before cancelling all spring sport experiences." Plaintiffs' desire to run track this spring is perfectly understandable, as is CIAC's wish to avoid disappointing student athletes like the plaintiffs until it has no alternative. Realistically, however, the possibility that track meets will be held this spring (or even this summer) appears to be remote at best, unfortunately. The coronavirus pandemic has created a national emergency and resulted in a lockdown across Connecticut with all schools and nonessential businesses closed. People are expected to remain in their homes and are prohibited from gathering in public. How long these extraordinary and unprecedented measures will have to remain in place in order to protect public health is unknown and unknowable. However, it would be very surprising to me if responsible public officials in Connecticut were to reopen schools and conduct sporting events this spring when the highly contagious, potentially lethal coronavirus is expected to continue to be present throughout the state. If spring sports must be cancelled because of the ongoing pandemic, which is by far the most likely outcome at this point, expedited treatment of the plaintiffs' motion for preliminary injunction is unwarranted. The motion for a preliminary injunction is predicated on the plaintiffs' claim that they have a legal right to run in track events for girls this spring without having to compete against transgender girls. If no track events can be held this spring due to the pandemic, plaintiffs have no need for such a preliminary injunction. Any claims for other injunctive relief or damages that plaintiffs wish to press in this litigation can be taken up in accordance with a schedule that gives all concerned adequate time to address the various issues of law and fact discussed in the parties' submissions concerning scheduling. A tailored scheduling order that aims to achieve that objective will be entered today. Accordingly, the motion to expedite is hereby denied. So ordered. Signed by Judge Robert N. Chatigny on 4/8/20. (Chatigny, Robert) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
83

SCHEDULING ORDER: Please read full text of attached Order for details. Answer due 4/27/2020; Discovery due by 12/31/2020; Initial Status Report due by 5/8/2020; Prefiling Conference Request Re: Rule 12 motions due by 4/20/2020; Prefiling Conference Request Re: Dispositive motions due 11/16/2020; Settlement Conference 1/2021; Trial Ready Date 4/30/2021; Trial Brief due by 3/20/2021. Signed by Judge Robert N. Chatigny on 4/8/2020. (Rickevicius, L.) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

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84

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for 5/14/2020 at 10:00 AM before Judge Robert N. Chatigny. Please use the following dial in information for the call. Call in- 866-434-5269; Access Code: 8189198# (Rickevicius, L.) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 12, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are four high school track athletes in CT who allege that their schools and the CT high school athletic association have discriminated against them under Title IX through their policies allowing transgender female athletes (who they refer to as "biological males") to compete in women's sports. Two specific transgender female high school athletes, who are referenced by name in plaintiff's complaint, filed a successful motion to intervene and are represented by the ACLU.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

CT school athletic association (Cheshire, New Haven), State

Bloomfield Public Schools (Bloomfield, Hartford), School District

Cromwell Public Schools (Cromwell, Middlesex), School District

Danbury Public Schools (Danbury, Fairfield), School District

Glastonbury Public Schools (Hartford), School District

Canton Public Schools (Canton, Hartford), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Gay/lesbian/transgender

Discrimination-area:

Sports

Discrimination-basis:

Gender identity

Sex discrimination