Case: Coalition for TJ v. Fairfax County School Board

1:21-cv-00296 | U.S. District Court for the Eastern District of Virginia

Filed Date: March 3, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a new admissions policy of the Thomas Jefferson High School for Science and Technology (TJ) that would negatively affect admissions for Asian American students. On March 3, 2021, an organization of primarily Asian American parents named the Coalition for TJ advocating against the new admissions policy filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. The plaintiff sued the Fairfax County School Board (“the School Board”) under 42 U.S.C. §§ …

This is a case about a new admissions policy of the Thomas Jefferson High School for Science and Technology (TJ) that would negatively affect admissions for Asian American students. On March 3, 2021, an organization of primarily Asian American parents named the Coalition for TJ advocating against the new admissions policy filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. The plaintiff sued the Fairfax County School Board (“the School Board”) under 42 U.S.C. §§ 1981, 1983 for violating the Equal Protection Clause of the Fourteenth Amendment. Represented by the Pacific Legal Foundation, a public interest law firm, the plaintiff sought declaratory and permanent injunctive relief to return to the previous admissions procedure, and attorneys’ fees and nominal damages.

The plaintiff claimed that the School Board, which operates Fairfax County Public Schools (FCPS), changed the admissions procedures for TJ while acting with racially discriminatory purpose against Asian American students and that race was the dominant concern of the defendants when they enacted the new admissions procedures. Previously admission to TJ was solely merit-based, with eligibility based on GPA and a rigorous standardized test, limited to those eighth graders residing in Fairfax, Arlington, Loudoun, or Prince William counties or the City of Falls Church. If these criteria were met, students were required to submit teachers’ letters of recommendation, a writing survey, and an essay.

In its 2020 budget bill, the Virginia General Assembly required certain public schools to “set diversity goals for its student body and faculty, and develop a plan to meet said goals in collaboration with community partners at public meetings.” In response to this Defendant began to create this new admissions procedure. Under the new procedure, the standardized test was removed, and eligibility was limited to the top 1.5% of the eighth-grade class at each public middle school in FCPS. Analysis of publicly available data showed that only Asian American enrollment would decline under the new admissions policy. Limiting those eligible to the top 1.5% would by proxy limit the number of qualified Asian American applicants coming through feeder schools that traditionally accounted for the majority of TJ admissions and had a higher Asian American student population than most other FCPS middle schools. This was allegedly by the defendant’s design.

This case was assigned to District Judge Claude M. Hilton. On April 22, 2021, the plaintiff filed their first motion for preliminary injunction. On April 29, 2021, defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. Following a hearing on May 21, the court denied both motions on May 26. On August 26, plaintiff filed a second motion for preliminary injunction which the court denied on September 20, 2021.

On December 3, 2021, both parties filed motions for summary judgment. The court, on February 25, 2022, granted summary judgment in favor of the plaintiff challenging the affirmative action admissions procedure at TJ. Specifically, Judge Claude Hilton struck down TJ's newly implemented admissions process ruling that the process disproportionately and unlawfully affected Asian-American applicants to the school. The affirmative action admissions procedure was subject to strict scrutiny due to its use of race. Judge Hilton found that the defendant had not proposed a compelling state interest in using race in K-12 admissions. The main issue was the defendant's focus on reflecting the surrounding racial demographics in their student body because racial balancing for its own sake is patently unconstitutional. The admissions process also failed narrow tailoring because the defendant had not proven that the admissions process was necessary to their proposed objective. 

A week later, the defendant filed a motion to stay the injunction from the summary judgment order. Then, on March 14, 2022, the defendant appealed to the United States Court of Appeals for the Fourth Circuit (No. 22-1280). The court granted the stay pending appeal on March 31. The plaintiff filed an emergency application to the U.S. Supreme Court to vacate the Fourth Circuit's grant of the stay pending appeal. The plaintiff alleged that the stay granted would irreparably harm those Asian-American applicants for the coming school year.  On April 25, 2022, the Supreme Court denied vacating the stay of the injunction, allowing TJ's admissions process stand (for the time being).

This case is ongoing.

Summary Authors

Calvin Kim (10/29/2021)

Calvin Kim (4/15/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59721423/parties/coalition-for-tj-v-fairfax-county-school-board/


Judge(s)

Anderson, John F. (Virginia)

Hilton, Claude M. (Virginia)

Attorneys(s) for Plaintiff

Kieser, Christopher M (California)

Riemenschneider, Kristen O (District of Columbia)

Roper, Glenn Evans (Colorado)

Somin, Alison Elisabeth (Virginia)

Wilcox, Erin Elizabeth (California)

Attorneys(s) for Defendant

Cox, Trevor Stephen (Virginia)

Raphael, Stuart Alan (District of Columbia)

Rewari, Sona (District of Columbia)

Judge(s)

Anderson, John F. (Virginia)

Hilton, Claude M. (Virginia)

Attorneys(s) for Plaintiff

Kieser, Christopher M (California)

Riemenschneider, Kristen O (District of Columbia)

Roper, Glenn Evans (Colorado)

Somin, Alison Elisabeth (Virginia)

Wilcox, Erin Elizabeth (California)

Attorneys(s) for Defendant

Cox, Trevor Stephen (Virginia)

Raphael, Stuart Alan (District of Columbia)

Rewari, Sona (District of Columbia)

Stefany, Daniel Robert (Virginia)

Other Attorney(s)

Andriola, Eri (District of Columbia)

Choi, Christine Jiwon (District of Columbia)

Denning, Elizabeth (District of Columbia)

Fajana, Francisca (New York)

Luk, Arthur (District of Columbia)

Mayo, Winston Kirby (District of Columbia)

Pieper, Megan (District of Columbia)

Shah, Niyati (District of Columbia)

Young, Michaele Nicole Turnage (District of Columbia)

Documents in the Clearinghouse

Document

1:21-cv-00296

Docket [PACER]

Oct. 15, 2021

Oct. 15, 2021

Docket
1

1:21-cv-00296

Complaint and Demand for Jury Trial

March 10, 2021

March 10, 2021

Complaint

Emergency Application to Vacate the Stay Pending Appeal Issued by the United States Court of Appeals for the Fourth Circuit

Supreme Court of the United States

April 8, 2022

April 8, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59721423/coalition-for-tj-v-fairfax-county-school-board/

Last updated July 20, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against Fairfax County School Board, Dr. Scott Brabrand and Demand for Jury Trial ( Filing fee $ 402, receipt number 0422-7665331.), filed by Coalition for TJ. (Attachments: # 1 Civil Cover Sheet)(Somin, Alison) Modified text on 3/11/2021 (klau, ). (Entered: 03/10/2021)

1 Civil Cover Sheet

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March 10, 2021

March 10, 2021

Clearinghouse
2

Proposed Summons re 1 Complaint and Demand for Jury Trial by Coalition for TJ. (Somin, Alison) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
3

Financial Interest Disclosure Statement (Local Rule 7.1) by Coalition for TJ. (Somin, Alison) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
4

Motion to appear Pro Hac Vice by Christopher M. Kieser and Certification of Local Counsel Alison E. Somin Filing fee $ 75, receipt number 0422-7665681. by Coalition for TJ. (Somin, Alison) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

RECAP
5

Motion to appear Pro Hac Vice by Erin E. Wilcox and Certification of Local Counsel Alison E. Somin Filing fee $ 75, receipt number 0422-7665901. by Coalition for TJ. (Somin, Alison) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
6

Motion to appear Pro Hac Vice by Glenn E. Roper and Certification of Local Counsel Alison E. Somin Filing fee $ 75, receipt number 0422-7666851. by Coalition for TJ. (Somin, Alison) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER

Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge John F. Anderson. (klau, )

March 11, 2021

March 11, 2021

PACER

Initial Case Assignment

March 11, 2021

March 11, 2021

PACER
7

Summons Issued for service by SPS as to Dr. Scott Braband, Fairfax County School Board. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(klau, ) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
8

WAIVER OF SERVICE Returned Executed by Coalition for TJ. Dr. Scott Braband waiver sent on 3/15/2021, answer due 5/14/2021; Fairfax County School Board waiver sent on 3/15/2021, answer due 5/14/2021. (Somin, Alison) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
9

Summons Returned Unexecuted by Coalition for TJ as to Dr. Scott Braband, Fairfax County School Board. (Somin, Alison) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER
10

ORDER granting 5 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 3/17/21. (klau, ) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
11

ORDER granting 6 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 3/17/21. (klau, ) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
12

ORDER granting 4 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 3/17/21. (klau, ) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
13

NOTICE of Appearance by Stuart Alan Raphael on behalf of Dr. Scott Braband, Fairfax County School Board (Raphael, Stuart) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
14

NOTICE of Appearance by Sona Rewari on behalf of Dr. Scott Braband, Fairfax County School Board (Rewari, Sona) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
15

MOTION for Preliminary Injunction by Coalition for TJ. (Somin, Alison) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
16

Memorandum in Support re 15 MOTION for Preliminary Injunction filed by Coalition for TJ. (Attachments: # 1 Declaration of Srinivas Akella, # 2 Declaration of Ying Y. McCaskill, # 3 Declaration of Himanshu Verma)(Somin, Alison) (Entered: 04/22/2021)

1 Declaration of Srinivas Akella

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2 Declaration of Ying Y. McCaskill

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3 Declaration of Himanshu Verma

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April 22, 2021

April 22, 2021

RECAP
17

Notice of Hearing Date re 15 MOTION for Preliminary Injunction (Somin, Alison) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
18

Consent MOTION to Stay Issuance of the Scheduling Order Pending Disposition of Dispositive Motions by Dr. Scott Braband, Fairfax County School Board. (Raphael, Stuart) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER

Set Motion and R&R Deadlines/Hearings

April 23, 2021

April 23, 2021

PACER
19

Brief in Support to 18 Consent MOTION to Stay Issuance of the Scheduling Order Pending Disposition of Dispositive Motions filed by Dr. Scott Braband, Fairfax County School Board. (Attachments: # 1 Proposed Order)(Raphael, Stuart) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
20

Waiver of re 18 Consent MOTION to Stay Issuance of the Scheduling Order Pending Disposition of Dispositive Motions -- Waiver of Hearing by Dr. Scott Braband, Fairfax County School Board (Raphael, Stuart) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER

Set Deadlines as to 15 MOTION for Preliminary Injunction . Motion Hearing set for 5/21/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )

April 23, 2021

April 23, 2021

PACER
21

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Dr. Scott Braband, Fairfax County School Board. (Raphael, Stuart) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
22

Brief in Support to 21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Dr. Scott Braband, Fairfax County School Board. (Attachments: # 1 Exhibit Ex. 1, FCSB Board Minutes (Dec. 17, 2020), # 2 Exhibit Ex. 2, FCPS Reg. 3355.14 (Apr. 28, 2021), # 3 Exhibit Ex. 3, First Am. Compl., KC v. FCSB, # 4 Exhibit Ex. 4, Declaration of Cynthia C. Smoot)(Raphael, Stuart) (Entered: 04/29/2021)

1 Exhibit Ex. 1, FCSB Board Minutes (Dec. 17, 2020)

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2 Exhibit Ex. 2, FCPS Reg. 3355.14 (Apr. 28, 2021)

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3 Exhibit Ex. 3, First Am. Compl., KC v. FCSB

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4 Exhibit Ex. 4, Declaration of Cynthia C. Smoot

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April 29, 2021

April 29, 2021

PACER
23

Notice of Hearing Date set for May 21, 2021 re 21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Raphael, Stuart) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP

Set Deadlines as to 21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 5/21/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (klau, )

April 30, 2021

April 30, 2021

PACER

Set Motion and R&R Deadlines/Hearings

April 30, 2021

April 30, 2021

PACER

NOTICE of a Courtesy Copy of Dkt. No 22 together with a thumb drive in a box received and send to CMH Chambers re 22 Brief in Support, (klau, )

April 30, 2021

April 30, 2021

PACER

NOTICE

April 30, 2021

April 30, 2021

PACER
24

Opposition to 15 MOTION for Preliminary Injunction filed by Dr. Scott Braband, Fairfax County School Board. (Attachments: # 1 Exhibit Ex. 1, Minutes of FCSB Meeting (Dec. 17, 2020), # 2 Exhibit Ex. 2, Declaration of Jeremy Shughart)(Raphael, Stuart) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
25

Memorandum in Opposition re 21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Coalition for TJ. (Attachments: # 1 Declaration of Glenn S. Miller, # 2 Declaration of Asra Q. Nomani)(Somin, Alison) (Entered: 05/12/2021)

1 Declaration of Glenn S. Miller

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2 Declaration of Asra Q. Nomani

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May 12, 2021

May 12, 2021

RECAP
26

REPLY to Response to Motion re 15 MOTION for Preliminary Injunction, Response filed by Coalition for TJ. (Attachments: # 1 Declaration of Glenn S. Miller, # 2 Declaration of Asra Q. Nomani)(Somin, Alison) (Entered: 05/12/2021)

2

View on RECAP

May 12, 2021

May 12, 2021

PACER
27

MOTION for Leave to File Unopposed Motion for Leave to File Brief as Amici Curiae by TJ Alumni for Racial Justice, National Korean American Service & Education Consortium Virginia, Virginia State Conference of the NAACP, CASA Virginia, and Hispanic Federation by TJ Alumni for Racial Justice, National Korean American Service & Education Consortium Virginia, Virginia State Conference of the NAACP, CASA Virginia, Hispanic Federation. (Attachments: # 1 [Proposed] Amicus Brief, # 2 Proposed Order, # 3 Financial Interest Disclosure Statement)(Choi, Christine) Modified on 5/13/2021 to correct parties filer(klau, ). (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
28

NOTICE by TJ Alumni for Racial Justice, National Korean American Service & Education Consortium Virginia, Virginia State Conference of the NAACP, CASA Virginia, Hispanic Federation re 27 MOTION for Leave to File Unopposed Motion for Leave to File Brief as Amici Curiae by TJ Alumni for Racial Justice, National Korean American Service & Education Consortium Virginia, Virginia State Conference of the NAACP, CASA Virginia, and Hispani c Federation Notice of Waiver of Oral Argument (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
29

NOTICE of Appearance by Christine Jiwon Choi on behalf of CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
30

Motion to appear Pro Hac Vice by Eri Andriola and Certification of Local Counsel Christine Choi Filing fee $ 75, receipt number AVAEDC-7785144. by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP. (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
31

Motion to appear Pro Hac Vice by Elizabeth Denning and Certification of Local Counsel Christine Choi Filing fee $ 75, receipt number AVAEDC-7785148. by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP. (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
32

Motion to appear Pro Hac Vice by Francisca Fajana and Certification of Local Counsel Christine Choi Filing fee $ 75, receipt number AVAEDC-7785150. by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP. (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
33

Motion to appear Pro Hac Vice by Arthur Luk and Certification of Local Counsel Christine Choi Filing fee $ 75, receipt number AVAEDC-7785155. by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP. (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
34

Motion to appear Pro Hac Vice by Winston Kirby Mayo and Certification of Local Counsel Christine Choi Filing fee $ 75, receipt number AVAEDC-7785170. by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP. (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
35

Motion to appear Pro Hac Vice by Megan Pieper and Certification of Local Counsel Christine Choi Filing fee $ 75, receipt number AVAEDC-7785173. by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP. (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
36

Motion to appear Pro Hac Vice by Niyati Shah and Certification of Local Counsel Christine Choi Filing fee $ 75, receipt number AVAEDC-7785174. by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP. (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
37

Motion to appear Pro Hac Vice by Michaele Nicole Turnage Young and Certification of Local Counsel Christine Choi Filing fee $ 75, receipt number AVAEDC-7785176. by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP. (Choi, Christine) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
38

NOTICE of Appearance by Kristen O. Riemenschneider on behalf of CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP (Riemenschneider, Kristen) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
39

ORDER granting 30 Motion for Pro hac vice Appointed Eri Andriola for CASA Virginia,Eri Andriola for Hispanic Federation,Eri Andriola for National Korean American Service & Education Consortium Virginia,Eri Andriola for TJ Alumni for Racial Justice,Eri Andriola for Virginia State Conference of the NAACP. Signed by District Judge Claude M. Hilton on 05/17/2021. (clar, ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
40

ORDER granting 31 Motion for Pro hac vice Appointed Elizabeth Denning for CASA Virginia,Elizabeth Denning for Hispanic Federation,Elizabeth Denning for National Korean American Service & Education Consortium Virginia,Elizabeth Denning for TJ Alumni for Racial Justice,Elizabeth Denning for Virginia State Conference of the NAACP. Signed by District Judge Claude M. Hilton on 05/17/2021. (clar, ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
41

ORDER granting 32 Motion for Pro hac vice Appointed Francisca Fajana for CASA Virginia,Francisca Fajana for Hispanic Federation,Francisca Fajana for National Korean American Service & Education Consortium Virginia,Francisca Fajana for TJ Alumni for Racial Justice,Francisca Fajana for Virginia State Conference of the NAACP. Signed by District Judge Claude M. Hilton on 05/17/2021. (clar, ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
42

ORDER granting 33 Motion for Pro hac vice Appointed Arthur Luk for CASA Virginia,Arthur Luk for Hispanic Federation,Arthur Luk for National Korean American Service & Education Consortium Virginia,Arthur Luk for TJ Alumni for Racial Justice,Arthur Luk for Virginia State Conference of the NAACP. Signed by District Judge Claude M. Hilton on 05/17/2021. (clar, ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
43

ORDER granting 34 Motion for Pro hac vice Appointed Winston Kirby Mayo for CASA Virginia,Winston Kirby Mayo for Hispanic Federation,Winston Kirby Mayo for National Korean American Service & Education Consortium Virginia,Winston Kirby Mayo for TJ Alumni for Racial Justice,Winston Kirby Mayo for Virginia State Conference of the NAACP. Signed by District Judge Claude M. Hilton on 05/17/2021. (clar, ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
44

ORDER granting 35 Motion for Pro hac vice Appointed Megan Pieper for CASA Virginia,Megan Pieper for Hispanic Federation,Megan Pieper for National Korean American Service & Education Consortium Virginia,Megan Pieper for TJ Alumni for Racial Justice,Megan Pieper for Virginia State Conference of the NAACP. Signed by District Judge Claude M. Hilton on 05/17/2020. (clar, ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
45

ORDER granting 36 Motion for Pro hac vice Appointed Niyati Shah for CASA Virginia,Niyati Shah for Hispanic Federation,Niyati Shah for National Korean American Service & Education Consortium Virginia,Niyati Shah for TJ Alumni for Racial Justice,Niyati Shah for Virginia State Conference of the NAACP. Signed by District Judge Claude M. Hilton on 05/17/2021. (clar, ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
47

ORDER granting 37 Motion for Pro hac vice Appointed Michaele Nicole Turnage Young for CASA Virginia,Michaele Nicole Turnage Young for Hispanic Federation,Michaele Nicole Turnage Young for National Korean American Service & Education Consortium Virginia,Michaele Nicole Turnage Young for TJ Alumni for Racial Justice,Michaele Nicole Turnage Young for Virginia State Conference of the NAACP. Signed by District Judge Claude M. Hilton on 05/17/2021. (clar, ) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

PACER
46

REPLY to Response to Motion re 21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Dr. Scott Braband, Fairfax County School Board. (Raphael, Stuart) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
48

Minute Entry for proceedings held before District Judge Claude M. Hilton: Motion Hearing held on 05/21/2021. Appearance of Counsel. Plaintiff's 15 Motion for Preliminary Injunction argued and denied. Defendants 21 Motion to Dismiss agued and denied. Defendants request that Dr. Scott Braband be dismissed as a party is granted. Order to follow. (Court Reporter J. Egal) (jlan) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
50

ORDERED that Defendant's 21 Motion to Dismiss is DENIED. It is further ORDERED that Defendant Dr. Scott Brabrand is DISMISSED from the case. It is further ORDERED that Plaintiff's 15 Motion for a Preliminary Injunction is DENIED. Signed by District Judge Claude M. Hilton on 05/26/2021. (jlan) (Entered: 06/09/2021)

May 26, 2021

May 26, 2021

RECAP
49

ANSWER to Complaint by Fairfax County School Board.(Raphael, Stuart) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

RECAP
51

SCHEDULING ORDER: Initial Pretrial Conference set for 6/30/2021 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 10/21/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 10/15/2021. Signed by District Judge Claude M. Hilton on 06/09/2021. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(jlan) (Entered: 06/09/2021)

1 Pretrial Notice

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2 Magistrate Judge Consent Form

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June 9, 2021

June 9, 2021

PACER
52

TRANSCRIPT of Motions Hearing held on May 21, 2021, before Judge Claude M. Hilton, Court Reporter/Transcriber Julie Goodwin, Telephone number 571-970-3191. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/21/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 9/20/2021.(egal, julie) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

RECAP
53

Joint Proposed Discovery Plan by Coalition for TJ.(Somin, Alison) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
54

Order Rule 16(b) Scheduling Order - Upon consideration of the representations made by the parties in their Joint Proposed Discovery Plan ("Joint Discovery Plan") (Docket no. 53), and taking note of the Scheduling Order entered in this case (Docket no. 51), the court makes the following rulings: The Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the court. Signed by Magistrate Judge John F. Anderson on 06/24/2021. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
55

ORDER that 27 Unopposed Motion for Leave to File is GRANTED, and this order is filed as of May 13, 2021 nunc pro tunc. Signed by District Judge Claude M. Hilton on 7/19/21. (klau, ) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
56

MOTION to Withdraw as Attorney by Fairfax County School Board. (Raphael, Stuart) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

RECAP
57

ORDER granting 56 Motion to Withdraw as Attorney. Attorney Stuart Alan Raphael terminated. Signed by Magistrate Judge John F. Anderson on 8/18/2021. (dest) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
58

MOTION for Preliminary Injunction by Coalition for TJ. (Somin, Alison) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER

Set Motion and R&R Deadlines/Hearings

Aug. 26, 2021

Aug. 26, 2021

PACER
59

Memorandum in Support re 58 MOTION for Preliminary Injunction filed by Coalition for TJ. (Attachments: # 1 Declaration of Srinivas Akella, # 2 Declaration of Ying Y. McCaskill)(Somin, Alison) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
60

Notice of Hearing Date re 58 MOTION for Preliminary Injunction (Somin, Alison) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER

Set Deadlines as to 58 MOTION for Preliminary Injunction . Motion Hearing set for 9/17/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )

Aug. 26, 2021

Aug. 26, 2021

PACER
61

Joint MOTION for Protective Order [Stipulated] by Fairfax County School Board. (Attachments: # 1 Exhibit A - Proposed Stipulated Protective Order)(Rewari, Sona) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
62

PROTECTIVE ORDER: Re Handling and Labeling of Confidential Information. Signed by Magistrate Judge John F. Anderson on 08/31/2021. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
63

NOTICE of Appearance by Trevor Stephen Cox on behalf of Fairfax County School Board (Cox, Trevor) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
64

Opposition to 58 MOTION for Preliminary Injunction filed by Fairfax County School Board. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rewari, Sona) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
65

MOTION for Leave to File Amicus Brief [Unopposed] by CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP, Asian American Youth Leadership Empowerment and Development. (Attachments: # 1 [Proposed] Amicus Brief, # 2 Exhibit 1 Declaration of Linda Sookyung Oh, # 3 Exhibit 2 Declaration of Akil Vohra, # 4 Proposed Order)(Choi, Christine) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
66

Financial Interest Disclosure Statement (Local Rule 7.1) by Asian American Youth Leadership Empowerment and Development. (Choi, Christine) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
67

Waiver of re 65 MOTION for Leave to File Amicus Brief [Unopposed] Notice of Waiver of Oral Argument by Asian American Youth Leadership Empowerment and Development, CASA Virginia, Hispanic Federation, National Korean American Service & Education Consortium Virginia, TJ Alumni for Racial Justice, Virginia State Conference of the NAACP (Choi, Christine) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
68

NOTICE of Appearance by Daniel Robert Stefany on behalf of Fairfax County School Board (Stefany, Daniel) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
69

REPLY to Response to Motion re 58 MOTION for Preliminary Injunction filed by Coalition for TJ. (Attachments: # 1 Exhibit 1 - Excerpts from May 21, 2021 Transcript, # 2 Exhibit 2 - Memorandum Opinion)(Somin, Alison) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
70

ORDER granting 65 MOTION for Leave to File Amicus Brief [Unopposed]. Signed by District Judge Claude M. Hilton on 9/15/2021. (see Order for details) (dest) (Entered: 09/17/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
71

Brief of Amici Curiae TJ Alumni for Racial Justice, Virginia State Conference of the NAACP, Casa Virginia, Hispanic Federation, Asian American Youth Leadership Empowerment and Development, and National Korean American Service & Education Consortium Virginia by Asian American Youth Leadership Empowerment and Development. (Attachments: # 1 Exhibit 1 Declaration of Linda Sookyung Oh, # 2 Exhibit 2 Declaration of Akil Vohra)(dest) (Entered: 09/17/2021)

1 Exhibit 1 Declaration of Linda Sookyung Oh

View on RECAP

2 Exhibit 2 Declaration of Akil Vohra

View on RECAP

Sept. 15, 2021

Sept. 15, 2021

RECAP
72

Minute Entry for proceedings held before District Judge Claude M. Hilton. Motion Hearing held on 9/17/2021. Appearance of Counsel. Matter on for Plaintiff's Motion for Preliminary Injunction. Motion argued and denied. Final Pretrial Conference reset for 10/28/2021 @ 10 am. Final Pretrial Conference set for 10/28/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (Court Reporter J. Egal)(kgall) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER
73

ORDERED that Plaintiff's 58 MOTION for Preliminary Injunction is DENIED. Signed by District Judge Claude M. Hilton on 9/20/2021. (kgall) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

RECAP
74

ORDERED that the Final Pretrial Conference will be CONTINUED until October 28, 2021 at 10:00 a.m. Signed by District Judge Claude M. Hilton on 9/20/2021. (kgall) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
75

MOTION for Extension of Time to Complete Discovery (Unopposed), MOTION to Continue the Pretrial Conference (Unopposed) by Coalition for TJ. (Attachments: # 1 Proposed Order)(Somin, Alison) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
76

Waiver of re 75 MOTION for Extension of Time to Complete Discovery (Unopposed) MOTION to Continue the Pretrial Conference (Unopposed) Oral Argument by Coalition for TJ (Somin, Alison) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
77

ORDER granting 75 Motion for Extension of Time to Complete Discovery and 75 Motion to Continue. There shall be a two-week extension of the close of discovery to October 29, 2021, and a two-week continuance of the date of the pretrial conference to November 12, 2021. No further extensions of the discovery period will be allowed. Signed by Magistrate Judge John F. Anderson on 10/06/2021. (wgar) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER

Set/Reset Scheduling Order Deadlines

Oct. 6, 2021

Oct. 6, 2021

PACER

Reset Scheduling Order Deadlines: Final Pretrial Conference reset for 11/12/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 10/29/2021. (wgar, )

Oct. 6, 2021

Oct. 6, 2021

PACER
78

NOTICE by Coalition for TJ of Change of Address (Somin, Alison) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
79

TRANSCRIPT of Motion Hearing held on September 17, 2021, before Judge Claude M. Hilton, Court Reporter/Transcriber Julie Goodwin, Telephone number 571-970-3191. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/8/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 2/7/2022.(egal, julie) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

RECAP

Reset Scheduling Order Deadlines: Final Pretrial Conference set for 11/19/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (kgall)

Nov. 10, 2021

Nov. 10, 2021

PACER

Set/Reset Scheduling Order Deadlines

Nov. 10, 2021

Nov. 10, 2021

PACER
80

Rule 26 Disclosure by Coalition for TJ. (Somin, Alison) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER
81

Plaintiff's Witness List by Coalition for TJ. (Somin, Alison) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

RECAP
82

Plaintiff's Exhibit List by Coalition for TJ.. (Somin, Alison) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER
83

Defendant's Proposed Trial Exhibit List by Fairfax County School Board.. (Rewari, Sona) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER
84

Defendant's Proposed Witness List by Fairfax County School Board. (Rewari, Sona) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

RECAP
85

Minute Entry for proceedings held before District Judge Claude M. Hilton: Final Pretrial Conference held on 11/19/2021. Appearance of counsel. Plaintiff indicated they withdraw Jury demand. The court finds no issue to be tried with a Jury; case set for trial by the COURT on 1/24/2022 at 10 am. Counsel indicated they agreed on a briefing schedule on Summary Judgment to include filings due by 12/3/2021; opposition by 12/23/2021; and they would file a notice of hearing for 1/7/2022. Counsel to submit an agreed Order. Bench Trial set for 1/24/2022 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (Court Reporter J. Egal)(kgall) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
86

Plaintiff's First Amended Exhibit List by Coalition for TJ.. (Somin, Alison) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Education

Key Dates

Filing Date: March 3, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Coalition for TJ is an organization for primarily Asian American parents advocating against the Thomas Jefferson High School for Science and Technology's new admission procedures.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fairfax county School Board (Fairfax), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

Discrimination-basis:

Race discrimination

Race:

Asian/Pacific Islander