Case: The Women's Student Union v. U.S. Dep't of Education

3:21-cv-01626 | U.S. District Court for the Northern District of California

Filed Date: March 8, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the Trump Administration's amended Title IX regulations that reduced federal protections for students experiencing sexual harassment in public schools. On March 8, 2021, The Women’s Student Union (the Student Union)—a student organization at Berkeley High School—filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued the U.S. Department of Education under the Administrative Procedure Act (APA). Represented by the National Cent…

This case is about the Trump Administration's amended Title IX regulations that reduced federal protections for students experiencing sexual harassment in public schools. On March 8, 2021, The Women’s Student Union (the Student Union)—a student organization at Berkeley High School—filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued the U.S. Department of Education under the Administrative Procedure Act (APA). Represented by the National Center for Youth Law and Public Justice, the plaintiff sought an injunction against, and vacatur of, the amended regulations. The plaintiff additionally sought declaratory relief and attorneys' fees. The case was assigned to Judge Edward M. Chen.

In 2020, the U.S. Department of Education issued the amended regulations governing sexual assault under Title IX. The amended regulations varied from the previous regulations in several ways, including by restricting the definition of unlawful sexual harassment to conduct that is both severe and pervasive, excluding Title IX coverage for harassment occurring off campus, requiring school action only if the school has actual knowledge of the harassment, and holding a school liable only if it remains deliberately indifferent to the harassment.

In February 2021, the plaintiff had filed an administrative complaint against Berkeley Unified School District with the Department of Education’s Office for Civil Rights. The complaint alleged violations including unwelcome exposure to others’ genitalia, students’ circulation of sexualized images of a classmate, harassment occurring in Zoom breakout rooms, harassing messages sent through personal phones during class, and the presence of an informal club dedicated to sexually harassing students. In the lawsuit, the plaintiff asserted that the amended regulations would prohibit the Office for Civil Rights from opening the administrative complaint and investigating the alleged harassment, because that harassment no longer violated Title IX. The plaintiff argued the amended regulations therefore denied the Student Union its procedural right to have its administrative complaint investigated and frustrated the Student Union’s mission of reducing sexual harassment experienced by Berkeley High School students. The Department of Education had not yet opened the administrative complaint at the time the lawsuit was filed.

Texas filed a motion to intervene as a defendant on April 7, 2021, arguing that it needed to protect its interests as an education provider, and the plaintiff and defendant filed responses in opposition to the motion. Additionally, on May 24, 2021, the Foundation for Individual Rights in Education, Independent Women’s Law Center, and Speech First, Inc., filed a motion to intervene as defendants to allegedly protect their interests in safeguarding free speech and due process rights, and the plaintiff and defendant filed responses in opposition as well.

The defendant then sought to stay the case for sixty days while, under President Biden’s Executive Order, the Secretary of Education reviewed the amended regulations and considered whether they should be suspended, revised, or rescinded. Judge Chen denied the motion to stay on June 18, 2021, because the Department of Education would be unlikely to complete the review within sixty days and was not obligated to suspend, revise, or rescind the amended regulations at all.

On July 1, 2021, the Department of Education filed a motion to dismiss the case for lack of jurisdiction. Judge Chen granted the motion to dismiss with leave to amend, because the plaintiff failed to show it suffered injury because of the amended regulations. The court rejected the plaintiff's associational and organizational standing theories. 2021 WL 3932000. As a result, the plaintiff filed a motion to amend the complaint on September 10, 2021, and Judge Chen granted the motion.

Accordingly, the plaintiff filed an amended complaint on October 4, 2021, stating that although the Office for Civil Rights resolved 90% of claims within 180 days of receipt, the Office did not open the plaintiff's administrative complaint until 220 days after receipt. The plaintiff argued that this behavior supported the allegation that the Office for Civil Rights would not open the complaint, thus depriving the plaintiff of its procedural right to have its complaint opened and investigated. In addition to procedural injuries, the plaintiff asserted that the amended regulations reduced the number of sexual harassment incidents the high school investigated, injuring the plaintiff's members by creating a hostile school environment.

The case is ongoing.

Summary Authors

Laura Irei (9/29/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59711985/parties/the-womens-student-union-v-us-department-of-education/


Judge(s)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Brodsky, Alexandra (District of Columbia)

Galanter, Seth Michael (District of Columbia)

He, John (California)

Khouri, Lauren A. (District of Columbia)

Kimmel, Adele P. (District of Columbia)

Spiegel, Adrienne (California)

Attorneys(s) for Defendant

Correia, Linda M (District of Columbia)

Takemoto, Benjamin Thomas (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Brodsky, Alexandra (District of Columbia)

Galanter, Seth Michael (District of Columbia)

He, John (California)

Khouri, Lauren A. (District of Columbia)

Kimmel, Adele P. (District of Columbia)

Spiegel, Adrienne (California)

Attorneys(s) for Defendant

Correia, Linda M (District of Columbia)

Takemoto, Benjamin Thomas (District of Columbia)

Other Attorney(s)

Barnes, Brian W (District of Columbia)

Benbrook, Bradley A. (California)

Brown, William Brown Jr. (California)

Consovoy, William (Virginia)

Hunker, Kathleen (Texas)

Johnson, Michael Kenneth (California)

Norris, Cameron T. (Virginia)

Sweeten, Patrick Kinney (Texas)

Documents in the Clearinghouse

Document

3:21-cv-01626

Docket [PACER]

The Women's Student Union v. U.S. Department of Education

Oct. 4, 2021

Oct. 4, 2021

Docket
1

3:21-cv-01626

Complaint for Injunctive and Declaratory Relief

The Women's Student Union v. U.S. Department of Education

March 8, 2021

March 8, 2021

Complaint
75

3:21-cv-01626

Order Granting Defendant's Motion to Dismiss

The Women's Student Union v. U.S. Department of Education

Sept. 2, 2021

Sept. 2, 2021

Order/Opinion
78

3:21-cv-01626

First Amended Complaint for Injunctive and Declaratory Relief Administrative Procedure Act Case

The Women's Student Union v. U.S. Department of Education

Oct. 4, 2021

Oct. 4, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59711985/the-womens-student-union-v-us-department-of-education/

Last updated Sept. 5, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against U.S. Department of Education ( Filing fee $ 402, receipt number 0971-15667033.). Filed byThe Women's Student Union. (Attachments: # 1 Civil Cover Sheet)(Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)

1 Civil Cover Sheet

View on PACER

March 8, 2021

March 8, 2021

RECAP
2

Proposed Summons. (Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
3

Proposed Summons. (Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
4

Proposed Summons. (Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
5

Case assigned to Judge Edward M. Chen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 3/8/2021) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
6

Certificate of Interested Entities by The Women's Student Union (Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER

~Util - Case Assigned by Intake

March 8, 2021

March 8, 2021

PACER
7

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 6/3/2021. Initial Case Management Conference set for 6/10/2021 09:30 AM in San Francisco, Courtroom 05, 17th Floor. (Attachments: # 1 Notice of Eligibility for Video Recording)(fabS, COURT STAFF) (Filed on 3/9/2021) (Entered: 03/09/2021)

1 Notice of Eligibility for Video Recording

View on PACER

March 9, 2021

March 9, 2021

RECAP
8

Summons Issued as to U.S. Department of Education, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(fabS, COURT STAFF) (Filed on 3/9/2021) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
9

NOTICE of Appearance by Adrienne Spiegel (Spiegel, Adrienne) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
10

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15686990.) filed by The Women's Student Union. (Attachments: # 1 Exhibit Certificate of Good Standing)(Galanter, Seth) (Filed on 3/11/2021) (Entered: 03/11/2021)

1 Exhibit Certificate of Good Standing

View on PACER

March 11, 2021

March 11, 2021

RECAP
11

ORDER by Judge Edward M. Chen granting 10 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
12

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15698643.) filed by The Women's Student Union. (Brodsky, Alexandra) (Filed on 3/15/2021) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

RECAP
13

Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15698643.) Filing fee previously paid on 03/15/2021 filed by The Women's Student Union. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Brodsky, Alexandra) (Filed on 3/17/2021) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
14

MOTION for leave to appear in Pro Hac Vice for Lauren A. Khouri ( Filing fee $ 317, receipt number 0971-15713995.) filed by The Women's Student Union. (Attachments: # 1 Khouri Certificate of Good Standing)(Khouri, Lauren) (Filed on 3/17/2021) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
15

MOTION for leave to appear in Pro Hac Vice for Linda M. Correia ( Filing fee $ 317, receipt number 0971-15714072.) filed by The Women's Student Union. (Attachments: # 1 Correia Certificate of Good Standing)(Correia, Linda) (Filed on 3/17/2021) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
16

ORDER by Judge Edward M. Chen granting 13 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
17

ORDER by Judge Edward M. Chen granting 14 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
18

ORDER by Judge Edward M. Chen granting 15 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
19

MOTION to Intervene as Defendant filed by State of Texas. Motion Hearing set for 5/20/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 4/21/2021. Replies due by 4/28/2021. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Proposed Order)(Johnson, Michael) (Filed on 4/7/2021) (Entered: 04/07/2021)

1 Memorandum of Points and Authorities in Support

View on RECAP

2 Proposed Order

View on PACER

April 7, 2021

April 7, 2021

RECAP
20

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15809736.) filed by State of Texas. (Johnson, Michael) (Filed on 4/7/2021) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
21

ORDER by Judge Edward M. Chen granting 20 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/9/2021) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
22

Proposed Summons. (Khouri, Lauren) (Filed on 4/12/2021) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

RECAP
23

Summons Issued as to USA. (fabS, COURT STAFF) (Filed on 4/13/2021) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

RECAP
24

STIPULATION WITH PROPOSED ORDER re 19 MOTION to Intervene as Defendant to Extend Time to Respond filed by U.S. Department of Education. (Attachments: # 1 Declaration Takemoto)(Takemoto, Benjamin) (Filed on 4/19/2021) (Entered: 04/19/2021)

1 Declaration Takemoto

View on PACER

April 19, 2021

April 19, 2021

RECAP
25

Order as Modified by Judge Edward M. Chen granting 24 Stipulated Request for an Order Extending Time to Respond to Texass Motion to Intervene. Opposition due 5/6/2021; reply due 5/13/2021. Motion hearing rescheduled from 5/20/2021 to 6/10/2021 at 1:30PM. Time of Initial Case Management Conference set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only.(afmS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
26

CLERK'S NOTICE RESCHEDULING 19 MOTION TO INTERVENE FOR 6/10/2021 AND TIME OF INITIAL CASE MANAGEMENT CONFERENCE TO 1:30PM:Motion hearing re 19 MOTION to Intervene as Defendant and Initial Case Management Conference set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only. Responses due by 5/6/2021. Replies due by 5/13/2021. Motion Hearing set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGen eral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Initial Case Management Conference set for 6/10/2021 01:30 PM in San Francisco, - V ideoconference Only. Responses due by 5/6/2021. Replies due by 5/13/2021. Motion Hearing set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

April 20, 2021

April 20, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

April 20, 2021

April 20, 2021

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

April 20, 2021

April 20, 2021

PACER
27

OPPOSITION/RESPONSE (re 19 MOTION to Intervene as Defendant ) filed byThe Women's Student Union. (Khouri, Lauren) (Filed on 5/6/2021) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
28

OPPOSITION/RESPONSE (re 19 MOTION to Intervene as Defendant ) filed byU.S. Department of Education. (Takemoto, Benjamin) (Filed on 5/6/2021) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

RECAP
29

REPLY (re 19 MOTION to Intervene as Defendant ) filed byKEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS. (Johnson, Michael) (Filed on 5/13/2021) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

RECAP
30

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byThe Women's Student Union. (Attachments: # 1 Exhibit)(Related document(s) 27 ) (Khouri, Lauren) (Filed on 5/14/2021) (Entered: 05/14/2021)

1 Exhibit

View on RECAP

May 14, 2021

May 14, 2021

RECAP
31

OPPOSITION/RESPONSE (re 19 MOTION to Intervene as Defendant ) filed byKEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS. (Johnson, Michael) (Filed on 5/18/2021) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

RECAP
32

NOTICE of Appearance by John C He (He, John) (Filed on 5/19/2021) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
33

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Takemoto, Benjamin) (Filed on 5/20/2021) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

RECAP
34

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Galanter, Seth) (Filed on 5/20/2021) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
35

MOTION to Intervene filed by Foundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc.. Motion Hearing set for 7/1/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 6/7/2021. Replies due by 6/14/2021. (Attachments: # 1 Memorandum of of Points and Authorities in Support of Intervenor-Defendants Motion to Intervene as Defendants, # 2 [Proposed] Intervenor-Defendants Answer, # 3 Proposed Order)(Benbrook, Bradley) (Filed on 5/24/2021) (Entered: 05/24/2021)

1 Memorandum of of Points and Authorities in Support of Intervenor-Defendants Mot

View on PACER

2 [Proposed] Intervenor-Defendants Answer

View on RECAP

3 Proposed Order

View on PACER

May 24, 2021

May 24, 2021

RECAP
36

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16015182.) filed by KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS. (Attachments: # 1 Certificate of Good Standing)(Johnson, Michael) (Filed on 5/26/2021) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
37

MOTION for leave to appear in Pro Hac Vice by Cameron T. Norris ( Filing fee $ 317, receipt number 0971-16028837.) filed by Independent Women's Law Center, Speech First, Inc.. (Benbrook, Bradley) (Filed on 6/1/2021) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
38

MOTION for leave to appear in Pro Hac Vice by William S. Consovoy ( Filing fee $ 317, receipt number 0971-16029062.) filed by Independent Women's Law Center, Speech First, Inc.. (Benbrook, Bradley) (Filed on 6/1/2021) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
39

Order by Judge Edward M. Chen granting 36 Motion for Pro Hac Vice by Patrick Sweeten. (tmiS, COURT STAFF) (Filed on 6/2/2021) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
40

Order by Judge Edward M. Chen granting 37 Motion for Pro Hac Vice by Cameron T. Norris. (bxs, COURT STAFF) (Filed on 6/2/2021) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
41

Order by Judge Edward M. Chen granting 38 Motion for Pro Hac Vice for William Consovoy. (bxs, COURT STAFF) (Filed on 6/2/2021) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
42

CLERK'S NOTICE RESCHEDULING MOTIONS HEARING AND INITIAL CASE MANAGEMENT CONFERENCE TO 7/1/2021 AT 1:30PM: Hearing re 19 MOTION to Intervene as Defendant, 35 MOTION to Intervene is rescheduled to 7/1/2021 at 1:30PM. Motion briefing deadlines remain unchanged. Joint Case Management Statement due by 6/24/2021. Initial Case Management Conference set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only. Motion Hearing set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Joint Case Management Statement due by 6/24/2021. Initial Case Management Conference set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only. Motion Hearing set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 6/3/2021) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

June 3, 2021

June 3, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

June 3, 2021

June 3, 2021

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

June 3, 2021

June 3, 2021

PACER
43

STIPULATION WITH PROPOSED ORDER re 35 MOTION to Intervene Joint Request for Extension of Time for Parties' Responses filed by The Women's Student Union. (Attachments: # 1 Declaration of Lauren Khouri)(Khouri, Lauren) (Filed on 6/4/2021) (Entered: 06/04/2021)

1 Declaration of Lauren Khouri

View on PACER

June 4, 2021

June 4, 2021

RECAP
44

MOTION to Stay the Case filed by U.S. Department of Education. Motion Hearing set for 7/15/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 6/18/2021. Replies due by 6/25/2021. (Attachments: # 1 Proposed Order)(Takemoto, Benjamin) (Filed on 6/4/2021) (Entered: 06/04/2021)

1 Proposed Order

View on RECAP

June 4, 2021

June 4, 2021

RECAP
45

ORDER AS MODIFIED by Judge Edward M. Chen granting 43 Joint Stipulation For Extension of Time for Parties' Responses. Reply due 6/14/2021. Joint Case Management Statement due by 7/8/2021. Initial Case Management Conference set for 7/1/2021 is vacated and rescheduled for 7/15/2021 01:30 PM in San Francisco, - Videoconference Only. (afmS, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
46

CLERKS NOTICE CONVERTING MOTIONS HEARING AND INITIAL CASE MANAGEMENT CONFERENCE set for 7/15/2021 TO ZOOM HEARING. Motion Hearing set for 7/15/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc< b>General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. 35 MOTION to Intervene, 19 MOTION to Intervene as Defend ant, 44 MOTION to Stay the Case. Motion Hearing set for 7/15/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (Related documents(s) 35, 19 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

June 4, 2021

June 4, 2021

PACER
47

MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Intervene, MOTION to Continue the Case Management Conference and Motions Hearing filed by U.S. Department of Education. (Attachments: # 1 Declaration Takemoto, # 2 Proposed Order)(Takemoto, Benjamin) (Filed on 6/7/2021) (Entered: 06/07/2021)

1 Declaration Takemoto

View on RECAP

2 Proposed Order

View on RECAP

June 7, 2021

June 7, 2021

RECAP
48

OPPOSITION/RESPONSE (re 44 MOTION to Stay the Case ) filed byFoundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc.. (Norris, Cameron) (Filed on 6/7/2021) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

RECAP
49

CLERK'S NOTICE: Plaintiff is instructed to file its response to Defendant's motion to hold this case in abeyance for sixty days, Docket No. 44, no later than this Friday, June 11, 2021 at 5:00 p.m. The Court will consider the motion on the papers and hereby vacates the hearing on July 15, 2021. For the time being, the Court will still hear argument on the pending motions to intervene, Docket Nos. 19, 25, on July 15. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/8/2021) Modified on 6/10/2021 (afmS, COURT STAFF). (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER

Clerk's Notice

June 8, 2021

June 8, 2021

PACER
50

Statement Of No Objection To Government's Motion To Hold The Case In Abeyance by KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS. (Johnson, Michael) (Filed on 6/10/2021) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

RECAP
51

OPPOSITION/RESPONSE (re 44 MOTION to Stay the Case ) filed byThe Women's Student Union. (Khouri, Lauren) (Filed on 6/11/2021) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

RECAP
52

OPPOSITION/RESPONSE (re 47 MOTION for Extension of Time to File Answer re 1 Complaint, MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Intervene MOTION to Continue the Case Management Conference and Motions Hearing ) filed byThe Women's Student Union. (Attachments: # 1 Proposed Order)(Khouri, Lauren) (Filed on 6/11/2021) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
53

NOTICE of Change In Counsel by Adele Phyllis Kimmel (Kimmel, Adele) (Filed on 6/11/2021) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
54

OPPOSITION/RESPONSE (re 35 MOTION to Intervene ) by Foundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc. filed byThe Women's Student Union. (Khouri, Lauren) (Filed on 6/14/2021) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

RECAP
55

OPPOSITION/RESPONSE (re 35 MOTION to Intervene ) filed byU.S. Department of Education. (Takemoto, Benjamin) (Filed on 6/14/2021) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

RECAP
56

ORDER by Judge Edward M. Chen Denying 44 Defendant's Motion to Stay. (emcsec, COURT STAFF) (Filed on 6/18/2021) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

RECAP
57

REPLY (re 35 MOTION to Intervene ) filed byFoundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc.. (Norris, Cameron) (Filed on 6/21/2021) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

RECAP
58

STIPULATION WITH PROPOSED ORDER re 35 MOTION to Intervene, 19 MOTION to Intervene as Defendant to Continue Hearing Date filed by The Women's Student Union. (Attachments: # 1 Declaration of Alexandra Z. Brodsky)(Brodsky, Alexandra) (Filed on 6/23/2021) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
59

ORDER AS MODIFIED by Judge Edward M. Chen granting 58 Stipulation Continuing the Hearing Date on the Pending Motions to Intervene. Hearing on Motions to Intervene 19 35 and Initial Case Management Conference set for 7/15/2021 are vacated and rescheduled for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 7/29/2021. Zoom notice to issue.(afmS, COURT STAFF) (Filed on 6/23/2021) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

RECAP
60

CLERKS NOTICE CONVERTING MOTION HEARING AND INITIAL CASE MANAGEMENT CONFERENCE TO ZOOM HEARING. Motion Hearing re: 19 35 and Initial Case Management Conference set for 7/15/2021 are vacated and rescheduled for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only. set for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. 35 MOTION to Intervene, 19 MOTION to Intervene as Defendant. Initial Case Management Conference set for 8/5/2021 01:30 PM in San Francisco, - Videoconferenc e Only. Motion Hearing set for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (Related documents(s) 35, 19 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/23/2021) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

June 24, 2021

June 24, 2021

PACER
61

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Education. Motion Hearing set for 8/5/2021 01:30 PM before Judge Edward M. Chen. Responses due by 7/15/2021. Replies due by 7/22/2021. (Takemoto, Benjamin) (Filed on 7/1/2021) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

RECAP
62

STIPULATION WITH PROPOSED ORDER to Extend Time to Respond To Motion to Dismiss (ECF 61) until July 22, 2021 filed by The Women's Student Union. (Attachments: # 1 Declaration)(Galanter, Seth) (Filed on 7/7/2021) (Entered: 07/07/2021)

1 Declaration

View on PACER

July 7, 2021

July 7, 2021

RECAP
63

ORDER by Judge Edward M. Chen denying 62 Stipulation to Extend Time to Respond To Motion to Dismiss (ECF 61) until July 22, 2021. (afmS, COURT STAFF) (Filed on 7/7/2021) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
64

OPPOSITION/RESPONSE (re 61 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction ) filed byThe Women's Student Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Khouri, Lauren) (Filed on 7/15/2021) (Entered: 07/15/2021)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

July 15, 2021

July 15, 2021

RECAP
65

REPLY (re 61 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction ) filed byU.S. Department of Education. (Takemoto, Benjamin) (Filed on 7/22/2021) (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

RECAP
66

CASE MANAGEMENT STATEMENT filed by The Women's Student Union. (Khouri, Lauren) (Filed on 7/29/2021) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
67

Statement of Recent Decision by U.S. Department of Education. (Attachments: # 1 Exhibit VRLC v. Cardona)(Takemoto, Benjamin) (Filed on 8/3/2021) (Entered: 08/03/2021)

1 Exhibit VRLC v. Cardona

View on PACER

Aug. 3, 2021

Aug. 3, 2021

RECAP
68

NOTICE of Appearance by William James Brown, Jr (Brown, William) (Filed on 8/3/2021) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
69

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16246271.) filed by Foundation for Individual Rights in Education. (Barnes, Brian) (Filed on 8/3/2021) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
70

ORDER by Judge Edward M. Chen granting 69 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 8/4/2021) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

RECAP
71

Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 8/5/2021 re 61 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Education. See pdf image for further details. Total Time in Court: 41 Minutes. Court Reporter: Katherine Sullivan. Plaintiff Attorneys: Seth Galanter, Alexandra Brodsky. Defendant Attorney: Benjamin Takemoto. Intervenor Attorneys: Kathleen Hunker, Michael Johnson, Brian W. BarnesAttachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 8/5/2021) (Entered: 08/08/2021)

Aug. 5, 2021

Aug. 5, 2021

RECAP
72

CLERK'S NOTICE RESCHEDULING 19 35 MOTIONS TO INTERVENE AND INITIAL CASE MANAGEMENT CONFERENCE FOR 10/28/2021 AT 1:30PM: Hearing re 19 MOTION to Intervene as Defendant, 35 MOTION to Intervene and Initial Case Management Conference set for 10/28/2021 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 10/21/2021. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or v ideoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 10/21/2021. Initial Case Management Conference set for 10/28/2021 01:30 PM in San Francisco, - Videoconference Only. Motion Hearing s et for 10/28/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 8/8/2021) (Entered: 08/08/2021)

Aug. 8, 2021

Aug. 8, 2021

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Aug. 8, 2021

Aug. 8, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

Aug. 8, 2021

Aug. 8, 2021

PACER

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

Aug. 8, 2021

Aug. 8, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Aug. 8, 2021

Aug. 8, 2021

PACER
73

TRANSCRIPT ORDER for proceedings held on 8/5/2021 before Judge Edward M. Chen by The Women's Student Union, for Court Reporter Katherine Sullivan. (Khouri, Lauren) (Filed on 8/13/2021) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
74

Transcript of Proceedings held on August 5, 2021, before Judge Edward M. Chen. Court Reporter Katherine Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 73 Transcript Order ) Release of Transcript Restriction set for 11/29/2021. (Related documents(s) 73 ) (kapS, COURT STAFF) (Filed on 8/29/2021) (Entered: 08/29/2021)

Aug. 29, 2021

Aug. 29, 2021

PACER
75

ORDER by Judge Edward M. Chen Granting 61 Defendant's Motion to Dismiss. Amended Complaint due by 9/19/2021. Hearing on 10/28/2021 on 19 Motion to Intervene and 35 Motion to Intervene is VACATED. (emcsec, COURT STAFF) (Filed on 9/2/2021) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

RECAP
76

MOTION for Extension of Time to Amend Complaint filed by The Women's Student Union. (Attachments: # 1 Declaration of Lauren Khouri, # 2 Text of Proposed Order)(Khouri, Lauren) (Filed on 9/10/2021) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
77

ORDER by Judge Edward M. Chen granting 76 Motion for Extension of Time to Amend Complaint. Amended Complaint due 10/4/2021. (afmS, COURT STAFF) (Filed on 9/13/2021) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
78

AMENDED COMPLAINT against U.S. Department of Education. Filed byThe Women's Student Union. (Khouri, Lauren) (Filed on 10/4/2021) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

RECAP
79

STIPULATION WITH PROPOSED ORDER re 72 Clerk's Notice,,,,,,, Set Motion and Deadlines/Hearings,,,,,,, Util - Teleconference Zoom,,,,,, 78 Amended Complaint filed by U.S. Department of Education. (Attachments: # 1 Declaration Takemoto)(Takemoto, Benjamin) (Filed on 10/8/2021) (Entered: 10/08/2021)

1 Declaration Takemoto

View on PACER

Oct. 8, 2021

Oct. 8, 2021

RECAP
80

ORDER by Judge Edward M. Chen granting 79 Stipulated Request to Extend Time. Defendants Motion to Dismiss the Amended Complaint is due 11/10/2021; opposition due 12/1/2021. Initial Case Management Conference to be set alongside motion hearing for 12/16/2021 at 1:30PM. Joint Case Management Statement is due 12/9/2021. (afmS, COURT STAFF) (Filed on 10/10/2021) (Entered: 10/10/2021)

Oct. 10, 2021

Oct. 10, 2021

PACER
81

CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Joint Case Management Statement due by 12/9/2021. Initial Case Management Conference set for 12/16/2021 01:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGe neral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 12/9/2021. Initial Case Management Conference se t for 12/16/2021 01:30 PM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 10/10/2021) (Entered: 10/10/2021)

Oct. 10, 2021

Oct. 10, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice

Oct. 10, 2021

Oct. 10, 2021

PACER
82

MOTION to Intervene as Defendant filed by Ken Paxton, In His Official Capacity as Attorney General of Texas. Motion Hearing set for 12/16/2021 at 1:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 11/1/2021. Replies due by 11/8/2021. (Attachments: # 1 Proposed Order)(Johnson, Michael) (Filed on 10/18/2021) Modified on 10/19/2021 (jlgS, COURT STAFF). (Entered: 10/18/2021)

1 Proposed Order

View on PACER

Oct. 18, 2021

Oct. 18, 2021

RECAP
83

ANSWER to Amended Complaint by Ken Paxton, In His Official Capacity As Attorney General Of Texas. (Johnson, Michael) (Filed on 10/18/2021) Modified on 10/19/2021 (jlgS, COURT STAFF). (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
84

Memorandum of Points and Authorities In Support Of Texas' re 82 MOTION to Intervene by Ken Paxton, In His Official Capacity As Attorney General Of Texas (Johnson, Michael) (Filed on 10/18/2021) Modified on 10/19/2021 (jlgS, COURT STAFF). (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
85

NOTICE of Appearance by Vinita Andrapalliyal (Andrapalliyal, Vinita) (Filed on 10/21/2021) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: March 8, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Women's Student Union: a student organization seeking to reduce the sexual harassment experienced by students of Berkeley High School.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Justice

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Education (Washington), 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.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Gay/lesbian/transgender

Discrimination-basis:

Sex discrimination

Affected Gender:

Female