Case: Brandt v. Rutledge

4:21-cv-00450 | U.S. District Court for the Eastern District of Arkansas

Filed Date: May 25, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 6, 2021, the Arkansas legislature passed H.B. 1570 over the governor’s veto. This bill, also titled the "Save Adolescents from Experimentation” (SAFE) Act, banned healthcare professionals from providing gender transition procedures to anyone under 18 or from referring anyone under 18 to any healthcare professional for such procedures. Additionally, the SAFE Act prohibited coverage of gender transition procedures for minors by Medicaid or private insurance. The plaintiffs claimed the SA…

On April 6, 2021, the Arkansas legislature passed H.B. 1570 over the governor’s veto. This bill, also titled the "Save Adolescents from Experimentation” (SAFE) Act, banned healthcare professionals from providing gender transition procedures to anyone under 18 or from referring anyone under 18 to any healthcare professional for such procedures. Additionally, the SAFE Act prohibited coverage of gender transition procedures for minors by Medicaid or private insurance. The plaintiffs claimed the SAFE Act was unconstitutional on three grounds: (1) for violating the Equal Protection Clause of the 14th Amendment; (2) for violating the Due Process Clause of the Fourteenth Amendment, and (3) for violating the First Amendment by prohibiting healthcare providers from referring their patients for medical treatments that are in accordance with the accepted medical standards to treat gender dysphoria. The relief sought by the families included: (1) Judgment on the unconstitutionality of the SAFE Act, (2) Preliminary and permanent injunctions on the SAFE Act; and (3) An award of reasonable attorneys’ fees. The case was assigned to Judge James Maxwell Moody, Jr.

On June 17, 2021, the United States filed a Statement of Interest echoing the plaintiffs’ claim that the SAFE Act violated the Equal Protection Clause of the 14th Amendment. A number of national and state organizations of health professionals also filed an amicus brief in support of the plaintiffs. These organizations included the American Medical Association and Arkansas Psychiatric Society.

On July 21, 2021, after oral arguments by both parties, the court denied defendants’ motion to dismiss and granted plaintiffs’ motion for a preliminary injunction on all three grounds that they had proposed. Further details followed in the court’s August 2 supplemental order. __ F. Supp. 3d __, 2021 WL 3292057, at *1. The court focused on the families’ equal protection claim and explained that H.B. 1570 “rests on sex-based classifications and… transgender people constitute at least a quasi-suspect class.” Moreover, the court found that the stated intents of the bill (“protecting children in Arkansas from experimental treatment or regulating the ethics of Arkansas doctors”) were pretextual. The court looked, among other things, at overwhelming medical testimony that “gender-affirming for transgender minors may be medically appropriate and necessary to improve the physical and mental health of transgender people.”

Defendants appealed the decision on August 20, 2021.

Summary Authors

Achutha Raman (10/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62602934/parties/brandt-v-rutledge/


Judge(s)

Moody, James Maxwell Jr. (Arkansas)

Attorneys(s) for Plaintiff

Beeney , Garrard R (New York)

Cooper, Leslie (New York)

Echols, Sharon Elizabeth (Arkansas)

Esseks, James Dixon (New York)

Everett, Sarah (Arkansas)

Holland, Alexander S (New York)

Mann, Peter Drake (Arkansas)

Ossip, Jonathan Joseph (New York)

Oswell, Laura (California)

Judge(s)

Moody, James Maxwell Jr. (Arkansas)

Attorneys(s) for Plaintiff

Beeney , Garrard R (New York)

Cooper, Leslie (New York)

Echols, Sharon Elizabeth (Arkansas)

Esseks, James Dixon (New York)

Everett, Sarah (Arkansas)

Holland, Alexander S (New York)

Mann, Peter Drake (Arkansas)

Ossip, Jonathan Joseph (New York)

Oswell, Laura (California)

Simpson LaGoy, Duncan C (California)

Strangio, Chase (New York)

Travis, Christopher L (Arkansas)

Walas, Breean (Montana)

Attorneys(s) for Defendant

Bronni, Nicholas Jacob (Arkansas)

Cantrell, Michael (Arkansas)

Guest, Ka Tina Rena (Arkansas)

Wagner, Vincent Moore (Arkansas)

Yu, Emily (Arkansas)

Other Attorney(s)

Askew, Jess L. III (Arkansas)

Baia, Elizabeth (District of Columbia)

Bowdre, Alexander Barrett (Alabama)

Clarke, Kristen M. (District of Columbia)

de Kervor, Dylan Nicole (District of Columbia)

Hogue, David R. (Arkansas)

Isasi, William R (District of Columbia)

Jones, Jerry C (Arkansas)

Karlan, Pamela S (District of Columbia)

King, Andrew (Arkansas)

LaCour, Edmund G (Alabama)

Lannin, Cortlin Hall (California)

Lanosa, Michael J (California)

Lareau, Alyssa Connell (District of Columbia)

Leicht, Michael Joshua (Arkansas)

Medina, Anna Maria (District of Columbia)

Powell, Meredith Autumn (Arkansas)

Quattlebaum, Steven W (Arkansas)

Simons, Shaheena A (District of Columbia)

Smith, Shayne Dixon (Arkansas)

Stoneman, Christine (District of Columbia)

Tull, John E III (Arkansas)

Veta, D. Jean (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 30, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

May 25, 2021 Complaint
19

Statement of Interest of the United States

June 17, 2021 Pleading / Motion / Brief
64

Supplemental Order

2021 WL 3292057

Aug. 2, 2021 Order/Opinion

Resources

Title Description External URL

Brandt et al v Rutledge et al

ACLU

Four families of transgender youth and two doctors have challenged an Arkansas law that would prohibit healthcare professionals from providing or even referring transgender young people for medically… May 25, 2021 https://www.aclu.org/cases/brandt-et-al-v-rutledge-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62602934/brandt-v-rutledge/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by Michele Hutchison, Aaron Jennen, Donnie Saxton, Amanda Dennis, Dylan Brandt, Kathryn Stambough, Parker Saxton, Sabrina Jennen, Lacey Jennen, Joanna Brandt, Shayne Dennis, Brooke Dennis. (Filing Fee of $402 paid. Receipt #LIT082242.) Summons issued and returned to counsel for service. (Attachment: # 1 Civil Cover Sheet) (llg) (Entered: 05/26/2021)

May 25, 2021 PACER
2

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4019444. Filed by All Plaintiffs (Attachments: # 1 Document, # 2 Document)(Echols, Sharon) (Entered: 05/26/2021)

May 26, 2021 PACER
3

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4019456. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/26/2021)

May 26, 2021 PACER
4

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4019460. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/26/2021)

May 26, 2021 PACER
5

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4019464. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/26/2021)

May 26, 2021 PACER
6

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4020079. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/27/2021)

May 27, 2021 PACER
7

MOTION for Leave to Appear pro hac vice by Beth Echols. Fee $100 receipt number AAREDC-4020089. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 05/27/2021)

May 27, 2021 PACER
8

ORDER granting 2, 3, 4, 5, 6, 7 motions to admit counsel pro hac vice on behalf of Plaintiffs. Garrard R. Beeney, Alexander S. Holland, Jonathan J. Ossip, Laura Kabler Oswell, Chase Strangio, and Duncan C. Simpson LaGoy are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 05/27/2021. (llg) (Entered: 05/27/2021)

May 27, 2021 PACER
9

AFFIDAVIT by Dylan Brandt. (Attachments: # 1 Affidavit)(Echols, Sharon) (Entered: 06/08/2021)

June 8, 2021 PACER
10

AFFIDAVIT by Dylan Brandt. (Echols, Sharon) (Entered: 06/08/2021)

June 8, 2021 PACER
11

MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Exhibit 1 - Declaration of Dylan Brandt, # 2 Exhibit 2 - Declaration of Joanna Brandt, # 3 Exhibit 3 - Declaration of Sabrina Jennen, # 4 Exhibit 4 - Declaration of Aaron and Lacey Jennen, # 5 Exhibit 5 - Declaration of Brooke Dennis, # 6 Exhibit 6 - Declaration of Shayne and Amanda Dennis, # 7 Exhibit 7 - Declaration of Parker Sexton, # 8 Exhibit 8 - Declaration of Donnie Sexton, # 9 Exhibit 9 - Declaration of Dr. Michele Hutchinson, # 10 Exhibit 10 - Declaration of Dr. Kathryn Stambough, # 11 Exhibit 11 - Declaration of Dr. Deanna Adkins, # 12 Exhibit 12 - Declaration of Dr. Armand H. Matheny Antommaria)(Walas, Breean) (Entered: 06/15/2021)

June 15, 2021 PACER
12

BRIEF IN SUPPORT re 11 Motion for Preliminary Injunction,, filed by All Plaintiffs. (Walas, Breean) (Entered: 06/15/2021)

June 15, 2021 PACER
13

NOTICE of Appearance by Nicholas J. Bronni on behalf of All Defendants (Bronni, Nicholas) (Entered: 06/16/2021)

June 16, 2021 PACER
14

NOTICE of Appearance by Michael Cantrell on behalf of All Defendants (Cantrell, Michael) (Entered: 06/16/2021)

June 16, 2021 PACER
15

NOTICE of Appearance by Emily Yu on behalf of All Defendants (Yu, Emily) (Entered: 06/16/2021)

June 16, 2021 PACER
16

NOTICE of Appearance by Vincent Moore Wagner on behalf of All Defendants (Wagner, Vincent) (Entered: 06/16/2021)

June 16, 2021 PACER
17

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM () by All Defendants (Wagner, Vincent) (Entered: 06/16/2021)

June 16, 2021 PACER
18

BRIEF IN SUPPORT re 17 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by All Defendants. (Wagner, Vincent) (Entered: 06/16/2021)

June 16, 2021 PACER
19

STATEMENT of Interest of the United States re 1 filed by USA. (jap) (Docket text modified on 6/17/2021 to include filing party.)(cmn) (Entered: 06/17/2021)

June 17, 2021 PACER

NOTICE OF DOCKET CORRECTION re 19 Statement. CORRECTION: The docket text was modified to include correct the description to include, "filed by USA" as indicated by the document. (cmn)

June 17, 2021 PACER
20

NOTICE of Appearance by Ka Tina Rena Guest on behalf of Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs (Guest, Ka Tina) (Entered: 06/17/2021)

June 17, 2021 PACER
21

Emergency MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction ; and to Shorten Plaintiffs' Time to Respond to this Motion by All Defendants (Wagner, Vincent) (Entered: 06/22/2021)

June 22, 2021 PACER
22

ORDER granting 21 Defendants' motion for an extension of time conditionally on the Defendants' agreement to appear for a hearing on the motion for preliminary injunction and motion to dismiss. With that agreement, the Defendants will have up to and including 07/09/2021 to file their response to the 11 motion for preliminary injunction. The hearing on the motion for preliminary injunction and motion to dismiss is hereby scheduled for 7/21/2021, at 09:00 AM, in Little Rock Courtroom #4A before Judge James M. Moody Jr. Signed by Judge James M. Moody Jr. on 06/22/2021. (llg) (Entered: 06/22/2021)

June 22, 2021 PACER
23

MOTION for Leave to File Brief of Amici Curiae by all Movants. (fjg) (Entered: 06/23/2021)

June 23, 2021 PACER
24

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 23 Motion for Leave to File Amicus brief. Signed by Judge James M. Moody Jr. on 6/24/2021. (sjh) (Entered: 06/24/2021)

June 24, 2021 PACER
25

MOTION for Leave to Appear pro hac vice by D. Jean Veta. Fee $100 receipt number AAREDC-4042029. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021 PACER
26

MOTION for Leave to Appear pro hac vice by Elizabeth Baia. Fee $100 receipt number AAREDC-4042032. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021 PACER
27

MOTION for Leave to Appear pro hac vice by Michael J. Lanosa. Fee $100 receipt number AAREDC-4042045. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021 PACER
28

MOTION for Leave to Appear pro hac vice by William R Isasi. Fee $100 receipt number AAREDC-4042049. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021 PACER
29

MOTION for Leave to Appear pro hac vice by Cortlin H. Lannin. Fee $100 receipt number AAREDC-4042068. Filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (King, Andrew) (Entered: 06/24/2021)

June 24, 2021 PACER
30

BRIEF filed by Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health Brief of Amici Curiae American Academy of Pediatrics and Additional National and State Medical, Mental Health, and Educational Organizations in Support of Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Askew, Jess) (Entered: 06/24/2021)

June 24, 2021 PACER
31

ORDER granting 25, 26, 27, 28, 29 motions to admit counsel pro hac vice. Signed by Judge James M. Moody Jr. on 06/25/2021. (ajt) (Entered: 06/25/2021)

June 25, 2021 PACER
32

NOTICE of Appearance by Michael J. Lanosa on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Lanosa, Michael) (Entered: 06/30/2021)

June 30, 2021 PACER
33

RESPONSE in Opposition re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Everett, Sarah) (Entered: 06/30/2021)

June 30, 2021 PACER
34

NOTICE of Appearance by D. Jean Veta on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Veta, D.) (Entered: 07/02/2021)

July 2, 2021 PACER
35

MOTION for Leave to File Brief of Amici Curiae by LiveRamp Holdings Inc, Acxiom LLC, Kinesso LLC, Northwest Arkansas Council, Arkansas State Chamber of Commerce, Walton Family Foundation Inc (Attachments: # 1 proposed Amicus Curiae) (jap) (Entered: 07/02/2021)

July 2, 2021 PACER
36

NOTICE of Appearance by Cortlin Hall Lannin on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Lannin, Cortlin) (Entered: 07/02/2021)

July 2, 2021 PACER
37

NOTICE of Appearance by William R. Isasi on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Isasi, William) (Entered: 07/06/2021)

July 6, 2021 PACER
38

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 35 Motion for Leave to File Brief. Signed by Judge James M. Moody Jr. on 7/7/2021. (sjh) (Entered: 07/07/2021)

July 7, 2021 PACER
39

NOTICE of Appearance by Steven W. Quattlebaum on behalf of Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc (Quattlebaum, Steven) (Entered: 07/07/2021)

July 7, 2021 PACER
40

NOTICE of Appearance by John E. Tull, III on behalf of Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc (Tull, John) (Entered: 07/07/2021)

July 7, 2021 PACER
41

NOTICE of Appearance by Meredith Autumn Powell on behalf of Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc (Powell, Meredith) (Entered: 07/07/2021)

July 7, 2021 PACER
42

MOTION for Leave to Appear pro hac vice by Boris Bershteyn. Fee $100 receipt number AAREDC-4049038. Filed by Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc (Powell, Meredith) (Entered: 07/07/2021)

July 7, 2021 PACER
43

BRIEF filed by Acxiom LLC, Arkansas State Chamber of Commerce, Kinesso LLC, LiveRamp Holdings Inc, Northwest Arkansas Council, Walton FamilyFoundation Inc Amicus Brief - July 7, 2021 (Powell, Meredith) (Entered: 07/07/2021)

July 7, 2021 PACER
44

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by All Defendants. (Wagner, Vincent) (Entered: 07/09/2021)

July 9, 2021 PACER
45

ADDENDUM filed by Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs to 44 Response in Opposition to Motion. Preliminary Injunction Exhibits (Attachments: # 1 Exhibit 1.Declaration of Stephen B. Levine, M.D., # 2 Exhibit 2.Declaration of Mark Regnerus, Ph.D., # 3 Exhibit 3.Declaration of Paul W. Hruz, M.D., Ph.D., # 4 Exhibit 4.Declaration of Patrick W. Lappert, M.D., # 5 Exhibit 5.Finland Evidence Review, # 6 Exhibit 6.Sweden Evidence Review, # 7 Exhibit 7.Sweden Karolinska Hospital Policy, # 8 Exhibit 8.Sweden Karolinska Hospital Guideline, # 9 Exhibit 9.UK NICE Evidence Review of Puberty Blockers, # 10 Exhibit 10.UK NICE Evidence Review of Cross-Sex Hormones, # 11 Exhibit 11.Cochrane Review, # 12 Exhibit 12.Brnstrm & Pachankis Correction, # 13 Exhibit 13.Brnstrm & Pachankis Letters to the Editor, # 14 Exhibit 14.James M. Cantor Article, # 15 Exhibit 15.Devita Singh, et al., Article, # 16 Exhibit 16.Michael Biggs, The Tavistocks Experimentation with Puberty Blockers., # 17 Exhibit 17.Michael Biggs, The Tavistocks Experiment with Puberty Blockers (Jul. 2019)., # 18 Exhibit 18.Steven H. Woolf Article, # 19 Exhibit 19.WPATH Guidelines, # 20 Exhibit 20.WPATH Position Statement on Medical Necessity, # 21 Exhibit 21.Endocrine Society Guidelines, # 22 Exhibit 22.American Psychological Association Guidelines, # 23 Exhibit 23.American Academy of Pediatrics Guidelines, # 24 Exhibit 24.DSM-5 Excerpt, # 25 Exhibit 25.Declaration of Roger Hiatt, Jr., M.D., # 26 Exhibit 26.Declaration of Christine Cryer., # 27 Exhibit 27.Declaration of Clifton Francis Burleigh, Jr., # 28 Exhibit 28.Declaration of Walt Heyer., # 29 Exhibit 29.Declaration of Laura Perry.)(Wagner, Vincent) (Entered: 07/09/2021)

July 9, 2021 PACER
46

NOTICE of Appearance by Elizabeth Baia on behalf of Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American Association of Physicians for Human Rights Inc, American College of Osteopathic Pediatricians, American Medical Association, American Pediatric Society, American Psychiatric Association, Arkansas Chapter of the American Academy of Pediatrics, Arkansas Council on Child and Adolescent Psychiatry, Arkansas Psychiatric Society, Association of Medical School Pediatric Department Chairs, Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health (Baia, Elizabeth) (Entered: 07/13/2021)

July 13, 2021 PACER
47

UNOPPOSED MOTION for Leave to File Brief as Amici Curiae by Alabama, State of, Alaska, State of, Arizona, State of, Georgia, State of, Idaho, State of, Indiana, State of, Kansas, State of, Kentucky, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Texas, State of (Attachments: # 1 proposed Amici Curiae Brief). (jap) (Entered: 07/14/2021)

July 13, 2021 PACER
48

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 47 Motion for Leave to File brief. Signed by Judge James M. Moody Jr. on 7/14/2021. (sjh) (Entered: 07/14/2021)

July 14, 2021 PACER
49

BRIEF as Amici Curiae re 44 Response in Opposition to Motion for Preliminary Injunction filed by State of Alabama, Alaska, Arizona, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Tennessee, AND Texas. (Hogue, David) (Docket text modified on 7/15/2021 to correct the description of the document filed and the party filers) (jak) (Entered: 07/14/2021)

July 14, 2021 PACER

NOTICE OF DOCKET CORRECTION re 49 Brief in Support. CORRECTION: The docket text was modified to correct the description of the document filed and the party filers as "BRIEF as Amici Curiae re 44 Response in Opposition to Motion for Preliminary Injunction filed by State of Alabama, Alaska, Arizona, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Tennessee, AND Texas" as marked on the document. (jak)

July 15, 2021 PACER
50

NOTICE of Appearance by James D. Esseks on behalf of All Plaintiffs (Esseks, James) (Entered: 07/16/2021)

July 16, 2021 PACER
51

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction Reply Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit 13 - Declaration of Dr. Jack Turban, # 2 Exhibit 14 - Supplemental Declaration of Dr. Deanna Adkins, # 3 Exhibit 15 - Supplemental Declaration of Dr. Armand H. Matheny Antommaria)(Walas, Breean) (Entered: 07/16/2021)

July 16, 2021 PACER
52

ORDER authorizing Chase Strangio, Leslie Cooper, Duncan Simpson, James Esseks, and Elsa Rainey to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas, on Wednesday, 07/21/2021, for the motion hearing. Signed by Judge James M. Moody Jr. on 07/19/2021. (llg) (Entered: 07/19/2021)

July 19, 2021 PACER
53

MOTION for Leave to Appear pro hac vice by Alexander Barrett Bowdre. Fee $100 receipt number AAREDC-4054961. Filed by Alabama, State of. (cmn) (Entered: 07/19/2021)

July 19, 2021 PACER
54

MOTION for Leave to Appear pro hac vice by Edmund G. LaCour Jr. Fee $100 receipt number AAREDC-4054931. Filed by Alabama, State of. (cmn) (Entered: 07/19/2021)

July 19, 2021 PACER
55

ADDENDUM filed by Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs to 44 Response in Opposition to Motion. (Attachments: # 1 Exhibit Exhibit 30.Supplemental Declaration of Stephen B. Levine, M.D., # 2 Exhibit Exhibit 31.Supplemental Declaration of Mark Regnerus, Ph.D., # 3 Exhibit Exhibit 32.Supplemental Declaration of Paul W. Hruz, M.D., Ph.D., # 4 Exhibit Exhibit 33.Roberto DAngelo, et al. Article)(Wagner, Vincent) (Entered: 07/19/2021)

July 19, 2021 PACER
56

ORDER granting the motions to admit counsel pro hac vice on behalf of Amici Curiae the State of Alabama 53 and 54 . Signed by Judge James M. Moody Jr. on 07/20/2021. (llg) (Entered: 07/20/2021)

July 20, 2021 PACER
57

ORDER granting 42 motion to admit counsel pro hac vice on behalf of Amici Curiae, LiveRamp Holdings, Inc., Acxiom LLC, Kinesso, LLC, the Northwest Arkansas Council, the Arkansas State Chamber of Commerce, and the Walton Family Foundation, Inc. Signed by Judge James M. Moody Jr. on 07/20/2021. (llg) (Entered: 07/20/2021)

July 20, 2021 PACER
58

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.: MOTION HEARING held on 7/21/2021. Chase Strangio, Breean Walas, and Duncan C. Simpson LaGoy present for Plaintiffs; Vincent Wagner, Ka Tina Guest, Michael Cantrell, Nicholas Bronni, and Emily Yu present for Defendants. After argument from counsel, the Court GRANTS 11 Plaintiffs' MOTION for Preliminary Injunction and DENIES 17 Defendants' MOTION to Dismiss for the reasons stated on the record. A final hearing date will be set. (Court Reporter: Karen Dellinger.) (kog) (Entered: 07/21/2021)

July 21, 2021 PACER
59

ORDER denying 17 Defendants' Motion to Dismiss; and granting 11 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge James M. Moody Jr. on 07/21/2021. (ajt) (Entered: 07/21/2021)

July 21, 2021 PACER
60

TRANSCRIPT of Motion Hearing held on 7/21/2021, before Judge James M. Moody Jr. Court Reporter Karen Dellinger. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 8/2/2021. Redaction Request due 8/16/2021. Redacted Transcript Deadline set for 8/26/2021. Release of Transcript Restriction set for 10/25/2021. (fcd) (Entered: 07/26/2021)

July 26, 2021 PACER
61

Mail Returned Undeliverable as to Shayne Dixon Smith re 52 Order. (fjg) (Entered: 07/27/2021)

July 27, 2021 PACER
62

Unopposed MOTION to Extend Time to File Motion for Attorneys' Fees and Costs by All Plaintiffs (Everett, Sarah) (Entered: 07/28/2021)

July 28, 2021 PACER
63

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 62 Motion to Extend Time to file motion for attorneys' fees. Signed by Judge James M. Moody Jr. on 8/2/2021. (sjh) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
64

SUPPLEMENTAL ORDER: Defendants and successors in office are enjoined from enforcing any provision of House Bill 1570, Act 626 of the 93rd General Assembly of Arkansas, to be codified at Ark. Code Ann. §§ 20-9-1501 to 20-9-1504 and 23-79-164 during the pendency of the litigation of this case. Signed by Judge James M. Moody Jr. on 08/02/2021. (llg) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
65

MOTION to Withdraw as Attorney Emily Yu by All Defendants (Yu, Emily) (Entered: 08/19/2021)

Aug. 19, 2021 PACER
66

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 65 Motion to Withdraw as Attorney. Attorney Emily Yu terminated. Signed by Judge James M. Moody Jr. on 8/19/2021. (sjh) (Entered: 08/19/2021)

Aug. 19, 2021 PACER
67

NOTICE OF INTERLOCUTORY APPEAL as to 64 Order, 59 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim by Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs. (Wagner, Vincent) (Entered: 08/20/2021)

Aug. 20, 2021 PACER
68

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 67 Notice of Interlocutory Appeal re 59 Order and 64 Supplemental Order. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (cmn) (Entered: 08/20/2021)

Aug. 20, 2021 PACER
69

USCA Docketing Letter as to 67 Notice of Interlocutory Appeal, filed by Don R Philips, Brian T Hyatt, Veryl D Hodges, Robert Breving, Jr, Sylvia D Simon, Timothy C Paden, Edward Gardner, Rodney Griffin, Betty Guhman, John H Scribner, Amy E Embry, William L Rutledge, Leslie Rutledge, David L Staggs, Elizabeth Anderson, Rhys L Branman. USCA Case Number 21-2875. (jbh) (Entered: 08/24/2021)

Aug. 23, 2021 PACER
70

USCA Scheduling Order as to 67 Notice of Interlocutory Appeal, filed by Don R Philips, Brian T Hyatt, Veryl D Hodges, Robert Breving, Jr, Sylvia D Simon, Timothy C Paden, Edward Gardner, Rodney Griffin, Betty Guhman, John H Scribner, Amy E Embry, William L Rutledge, Leslie Rutledge, David L Staggs, Elizabeth Anderson, Rhys L Branman. Transcript due by 10/4/2021. (jbh) (Entered: 08/24/2021)

Aug. 23, 2021 PACER
71

USCA Appeal Fees received $505.00 Receipt # LIT083416 re 67 Notice of Interlocutory Appeal, filed by all Defendants. (fjg) (Entered: 08/24/2021)

Aug. 24, 2021 PACER
72

MOTION for Order ; specifically Motion for Scheduling Order by All Plaintiffs (Attachments: # 1 Exhibit A - Proposed Final Scheduling Order)(Walas, Breean) (Entered: 09/09/2021)

Sept. 9, 2021 PACER
73

ANSWER to 1 Complaint, by Elizabeth Anderson, Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs.(Wagner, Vincent) (Entered: 09/14/2021)

Sept. 14, 2021 PACER
74

RESPONSE in Opposition re 72 MOTION for Order ; specifically Motion for Scheduling Order filed by All Defendants. (Wagner, Vincent) (Entered: 09/23/2021)

Sept. 23, 2021 PACER
75

REPLY to Response to Motion re 72 MOTION for Order ; specifically Motion for Scheduling Order filed by All Plaintiffs. (Everett, Sarah) (Entered: 09/28/2021)

Sept. 28, 2021 PACER
76

FINAL SCHEDULING ORDER: Bench Trial set sometime during the week of 7/25/2022 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 12/17/2021; Motions due by 4/22/2022; Pretrial Disclosure Sheet due by 5/31/2022; Status Report due by 4/29/2022. Signed at the Direction of the Court on 9/30/2021. (kog) (Entered: 09/30/2021)

Sept. 30, 2021 PACER
77

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 72 Motion for Scheduling Order. Signed by Judge James M. Moody Jr. on 9/30/2021. (sjh) (Entered: 09/30/2021)

Sept. 30, 2021 PACER
78

REPORT of Rule 26(f) Planning Meeting by Dylan Brandt, Joanna Brandt, Amanda Dennis, Brooke Dennis, Shayne Dennis, Michele Hutchison, Aaron Jennen, Lacey Jennen, Sabrina Jennen, Donnie Saxton, Parker Saxton, Kathryn Stambough. (Everett, Sarah) (Entered: 10/25/2021)

Oct. 25, 2021 PACER
79

Unopposed MOTION for Extension of Time to Complete Discovery up to and including February 25, 2022 by Rhys L Branman, Robert Breving, Jr, Amy E Embry, Edward Gardner, Rodney Griffin, Betty Guhman, Veryl D Hodges, Brian T Hyatt, Timothy C Paden, Don R Philips, Leslie Rutledge, William L Rutledge, Sylvia D Simon, David L Staggs (Guest, Ka Tina) (Entered: 11/16/2021)

Nov. 16, 2021 PACER
80

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 79 Motion for Extension of Time to Complete Discovery until February 25, 2022. Signed by Judge James M. Moody Jr. on 11/17/2021. (sjh) (Entered: 11/17/2021)

Nov. 17, 2021 PACER
81

MOTION for Leave to Appear pro hac vice by Brandyn J Rodgerson. Fee $100 receipt number AAREDC-4173174. Filed by All Plaintiffs (Attachments: # 1 Document)(Echols, Sharon) (Entered: 12/27/2021)

Dec. 27, 2021 PACER
82

ORDER granting 81 motion to admit counsel pro hac vice. Brandyn J. Rodgerson is hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 12/28/2021. (jbh) (Entered: 12/29/2021)

Dec. 28, 2021 PACER
83

Mail Returned Undeliverable as to Shayne Dixon Smith re 82 Order. (fjg) (Entered: 01/13/2022)

Jan. 13, 2022 PACER

State / Territory: Arkansas

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 25, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four transgender minors, their parents, and their doctors

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

Attorney General of the State of Arkansas, State

Arkansas State Medical Board, State

Defendant Type(s):

Law-enforcement

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Gender identity

Sex discrimination