Case: Disability Rights South Carolina v. McMaster

3:21-cv-02728 | U.S. District Court for the District of South Carolina

Filed Date: Aug. 24, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a South Carolina ban on public primary and secondary school mask mandates during the COVID-19 pandemic. In June 2021, the South Carolina legislature passed its general budget, which included a proviso prohibiting school districts from using appropriated funds to impose mask mandates in schools. On August 24, 2021, Disability Rights South Carolina, Able South Carolina, and parents of South Carolina public school students with disabilities sued the South Carolina governor, at…

This is a case about a South Carolina ban on public primary and secondary school mask mandates during the COVID-19 pandemic. In June 2021, the South Carolina legislature passed its general budget, which included a proviso prohibiting school districts from using appropriated funds to impose mask mandates in schools. On August 24, 2021, Disability Rights South Carolina, Able South Carolina, and parents of South Carolina public school students with disabilities sued the South Carolina governor, attorney general, State Superintendent of Education, and several school districts in the District of South Carolina over the proviso. Represented by the South Carolina and national ACLU chapters, Disability Rights South Carolina, the South Carolina Appleseed Legal Justice Center, and private counsel, the parents and disability organizations alleged that enforcement of the proviso would violate Title II of the Americans with Disabilities Act, section 504 of the Rehabilitation Act of 1973, and was preempted by the American Rescue Plan Act of 2021. The parents and disability organizations sought declaratory and injunctive relief and attorneys' fees, and moved for a temporary restraining order and preliminary injunction on August 26, 2021. The case was assigned to Judge Mary Geiger Lewis. 

On September 10, 2021, the school districts and state officials replied in opposition of the TRO and preliminary injunction, and the governor moved to dismiss the complaint for failure to state a claim. Additional motion practice ensued, including the attorney general's motion to dismiss for failure to state a claim and lack of jurisdiction on September 16. 

On September 28, 2021, the district court denied the attorney general's motion for dismiss and granted the TRO and preliminary injunction. With respect to the motion to dismiss, Judge Mary Geiger Lewis found that the disability organizations and parents did have standing to sue the attorney general --- they suffered an injury to their legal interests (the court did not elaborate on the legal interests that would be injured) that was fairly traceable to the attorney general's responsibility to enforce mask provisio and would be redressed by an injunction against his enforcement of the law. The attorney general's memorandum to and lawsuit against the City of Columbia for their mask mandate demonstrated his enforcement of the law. And, the court found, Title II of the ADA abrogated the attorney general's sovereign immunity. 

In a separate opinion issued on September 28, 2021, Judge Lewis found that the disability organizations and parents had met the requirements for injunctive relief. The court found that plaintiffs would likely succeed on their merits argument that the reasonable accomodation provisions in the ADA and Rehabilitation Act required schools to have the discretion to impose mask mandates so students with disabilities could participate in in-person learning with their peers. Since the parents would suffer irreparable harm if their children contracted COVID-19, and there was "little harm" in enjoining the governor and attorney general from enforcing the anti-mask policy, the court granted a preliminary injunction and TRO as to those defendants. The court further enjoined "any party[]," including the remaining defendants, from enforcing the anti-mask rule because it violated federal law. 2021 WL 4444841. 

The governor and attorney general filed an interlocutory appeal to the Fourth Circuit on September 29, 2021, and moved to stay the preliminary injunction and TRO pending its appeal on September 30. Docket 21-2070. The disability organizations and parents filed their reply on October 1, and the officials responded on October 2. On October 5, the court of appeals denied the motion for stay of a judgment pending appeal because Federal Rule of Appellate Procedure 8(a)(1)(A) requirede such a motion be filed in the district court first, and remanded for further consideration there.

Further motion practice followed in the district court. Additionally, the disability organizations and parents filed an amended complaint on October 18, 2021, correcting the spelling of a parent plantiff's name and the name of one of the school board defendants. 

On November 1, 2021, the district court denied the governor and attorney general's motion to stay its September 28 TRO and preliminary injunction. Judge Lewis repeated the reasoning from her September 28 opinion in finding that the governor and attorney general had not satisfied the requirements for the court to grant a stay of its prior opinion. 2021 WL 5054087.

On November 2, 2021, the attorney general and governor moved again in the Fourth Circuit for a stay of the TRO and preliminary injunction pending resolution of its interlocutory appeal. Motion practice ensued in the court of appeals. The United States filed a brief as amicus curiae in support of the plaintiffs on November 30. Oral argument took place on December 9. 

The Fourth Circuit on January 25, 2022 vacated the district court's injunctive relief as to the attorney general and governor. Judge Stephanie Thacker wrote the panel opinion, in which judge Paul Niemeyer joined and Judge James Wynn dissented. The court found that the disability organizations and parents did not have standing to sue either the governor or attorney general because their injuries were not traceable to nor redressable by the officials. On traceability, the court noted the governor had no specific authority to enforce the challenged provisio, only general law enforcement powers. The district court's finding that the attorney general's actions against the City of Columbia were insufficient to support traceability because the City of Columbia was not a defendant in the suit. The court further noted that none of the defendant school boards have rescinded a mask mandate in response to the anti-mask proviso. On redressability, the court of appeals found that the governor could not enforce the law, and the attorney general had not implemented or threatened to enforce it. Further, none of the defendant school districts had implemented mask mandates in response to the district court's injunction. And, the court found, the provisio did not prohibit mask mandates per se, it only prohibited school districts from using funds from the 2021-2022 budget to do so. The court noted that the Charleston, SC school district did in fact impose a brief mask mandate in early January 2022. In light of these findings, the court found that an injunction would not likely redress plaintiff's injuries. The court concluded its opinion with an order to vacate the district court's injunctive relief and to dismiss the claims against the attorney general and governor for lack of standing. 2022 WL 214094. 

The Fourth Circuit opinion was the last action in this case as of February 14, 2022. The injunction remains in effect as to the specific school districts and the state superintendent of education. The case is ongoing.

Summary Authors

John Juenemann (2/13/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60313440/parties/disability-rights-south-carolina-v-mcmaster/

Documents in the Clearinghouse

Document
1

3:21-cv-02728

Complaint for Declaratory and Injunctive Relief

Aug. 24, 2021

Aug. 24, 2021

Complaint
16

3:21-cv-02728

Motion for Temporary Restraining Order and Preliminary Injunction

Aug. 26, 2021

Aug. 26, 2021

Pleading / Motion / Brief
80

3:21-cv-02728

Memorandum Opinion and Order Granting Plantiffs' Motions for a Temporary Restraining Order and a Preliminary Injunction

2021 WL 4444841

Sept. 28, 2021

Sept. 28, 2021

Order/Opinion
79

3:21-cv-02728

Memorandum Opinion and Order Denying Denying the Attorney General's Motion to Dismiss Under FED. R. CIV. P. 12(B)(1)

2021 WL 4449446

Sept. 28, 2021

Sept. 28, 2021

Order/Opinion
102

3:21-cv-02728

Amended Complaint for Declaratory and Injunctive Relief

Oct. 18, 2021

Oct. 18, 2021

Complaint
115

3:21-cv-02728

Memorandum Opinion and Order Denying Governor McMaster and AG Wilson's Motion for a Stay

Nov. 1, 2021

Nov. 1, 2021

Order/Opinion

21-2070

Brief for the United States as Amicus Curiae in Support of Plaintiffs-Appellees on the Issues Addressed Herein

Nov. 30, 2021

Nov. 30, 2021

Pleading / Motion / Brief

21-2070

[Untitled]

U. S. Court of Appeals for the Fourth Circuit

2022 WL 214094

Jan. 25, 2022

Jan. 25, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60313440/disability-rights-south-carolina-v-mcmaster/

Last updated June 7, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0420-10033695.), filed by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Disability Rights South Carolina, Tamica Grant, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Service due by 11/22/2021(asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

Clearinghouse
2

Local Rule 26.01 Answers to Interrogatories by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova.(asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
4

Summons Issued as to Henry McMaster. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
5

Summons Issued as to Alan Wilson. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
6

Summons Issued as to Molly Spearman. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
7

Summons Issued as to Greenville County School Board. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
8

Summons Issued as to Horry County School Board. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
9

Summons Issued as to Lexington County School Board One. (asni, ) (Main Document 9 replaced on 8/25/2021) (asni, ). (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
10

Summons Issued as to Oconee County School Board. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
11

Summons Issued as to Dorchester County School Board Two. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
12

Summons Issued as to Charleston County School Board. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
13

Summons Issued as to Pickens County School Board. (asni, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
14

Case Reassigned to Judge Honorable Mary Geiger Lewis. Judge Honorable J Michelle Childs no longer assigned to the case. (glev, ) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
15

MOTION to Amend/Correct 1 Complaint, Amend Case Caption by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/8/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Barker, Rita) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

RECAP
16

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction ( Response to Motion due by 9/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. (Attachments: # 1 Memo in Support, # 2 Saul Declaration and CV, # 3 Attorney Declaration and Exhibits, # 4 McDougald Scott Declaration, # 5 Poetz Declaration, # 6 Tsykalova Declaration, # 7 Price Declaration, # 8 Littleton Declaration, # 9 Boevers Declaration, # 10 Copeland Declaration, # 11 Grant Declaration, # 12 Finney Declaration)No proposed order.(Chaney, David) (Attachment 1 replaced on 8/26/2021) (cbru, ). Modified to edit text on 8/26/2021 (cbru, ). (Attachment 4 replaced on 8/27/2021) (cbru, ). (Attachment 6 replaced on 8/27/2021) (cbru, ). (Attachment 5 replaced on 8/27/2021) (cbru, ). (Attachment 11 replaced on 8/27/2021) (cbru, ). (Attachment 9 replaced on 8/27/2021) (cbru, ). (Attachment 12 replaced on 8/27/2021) (cbru, ). Supplement filed as entry 41 on 9/7/2021 (cbru, ). Supplement filed as entry 78 on 9/27/2021 (cbru, ). (Entered: 08/26/2021)

1 Memo in Support

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2 Saul Declaration and CV

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3 Attorney Declaration and Exhibits

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4 McDougald Scott Declaration

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5 Poetz Declaration

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6 Tsykalova Declaration

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7 Price Declaration

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8 Littleton Declaration

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9 Boevers Declaration

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10 Copeland Declaration

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11 Grant Declaration

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12 Finney Declaration

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Aug. 26, 2021

Aug. 26, 2021

Clearinghouse
17

TEXT ORDER granting 15 MOTION to Amend/Correct 1 Complaint to Amend Case Caption. Signed by Honorable Mary Geiger Lewis on 8/26/2021. (cbru, ) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
18

ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Charleston County School Board served on 8/27/2021, answer due 9/17/2021. (Attachments: # 1 Acceptance of Service for Defendant Charleston County School Board) Refiled by the Clerk to correct event type. (cbru, ) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
19

TEXT ORDER: Defendants shall file their response[s] to Plaintiffs' motions for a temporary restraining order and for a preliminary injunction 16 not later than 5:00 PM on Friday, September 3, 2021; and Plaintiffs shall file their reply/replies to Defendants' response[s] not later than 12:00 Noon on Tuesday, September 7, 2021. The Court will set a hearing on the motions if it deems one is necessary. Plaintiffs shall provide, by service or otherwise, a copy of this order to each Defendant forthwith. IT IS SO ORDERED. (Response to Motion due by 9/3/2021, Reply to Response to Motion due by 9/7/2021) Signed by Honorable Mary Geiger Lewis on 8/30/2021. (cbru, ) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
20

SUMMONS Returned Executed by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Alan Wilson served on 8/30/2021, answer due 9/20/2021. (Attachments: # 1 Affidavit of Service on Alan Wilson)(Barker, Rita) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
21

ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Greenville County School Board served on 8/31/2021, answer due 9/21/2021. (Attachments: # 1 Acceptance of Service for Greenville County School Board)(Barker, Rita) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
22

ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Dorchester County School Board Two served on 8/30/2021, answer due 9/20/2021. (Attachments: # 1 Acceptance of Service for Dorchester County School Board Two)(Barker, Rita) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
23

ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Henry McMaster served on 8/30/2021, answer due 9/20/2021. (Attachments: # 1 Acceptance of Service for Governor Henry McMaster)(Barker, Rita) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
24

MOTION to Appear Pro Hac Vice by Tara Williamson (Filing fee $350 receipt number 0420-10047285) by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Certificate of Good Standing)No proposed order.(Chaney, David) (Main Document 24 replaced on 8/31/2021) (cbru, ). (Additional attachment(s) added on 8/31/2021: # 2 Application/Affidavit) (cbru, ). Modified to edit text on 8/31/2021 (cbru, ). (Entered: 08/31/2021)

1 Certificate of Good Standing

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2 Application/Affidavit

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Aug. 31, 2021

Aug. 31, 2021

RECAP
25

NOTICE of Appearance by James Emory Smith, Jr on behalf of Alan Wilson (Smith, James) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
26

MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Alan Wilson. Response to Motion due by 9/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 SC Supreme Court calendar)No proposed order.(Smith, James) Modified to link correct event to associated event and to edit text on 8/31/2021 (cbru, ). (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
29

ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Pickens County School Board served on 8/31/2021, answer due 9/21/2021. (Attachments: # 1 Acceptance of Service for Pickens County School Board)(Barker, Rita) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
31

TEXT ORDER: The deadline for Defendants to file their response[s] to Plaintiffs' motions for a temporary restraining order and for a preliminary injunction 16 is hereby extended to not later than 5:00 PM on Friday, September 10, 2021; and the deadline for Plaintiffs to file their reply/replies to Defendants' response[s] is hereby extended to not later than 12:00 Noon on Tuesday, September 14, 2021. The Court will set a hearing on the motions if it deems one is necessary. Plaintiffs shall provide, by service or otherwise, a copy of this order to each Defendant forthwith. IT IS SO ORDERED. IT IS FURTHER ORDERED that Defendant Alan Wilson's motion for extension of time 26 is hereby granted. (Response to Motion due by 9/10/2021, Reply to Response to Motion due by 9/14/2021) Signed by Honorable Mary Geiger Lewis on 8/31/2021. (cbru, ) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
32

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 8/31/2021.(cbru, ) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
34

NOTICE of Appearance by Leslie Arlen Cotter, Jr on behalf of Molly Spearman (Cotter, Leslie) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
35

NOTICE of Appearance by Cathy Lynne Hazelwood on behalf of Molly Spearman (Hazelwood, Cathy) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
36

Local Rule 26.01 Answers to Interrogatories by Molly Spearman.(Cotter, Leslie) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

RECAP
37

ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Molly Spearman served on 8/30/2021, answer due 9/20/2021. (Attachments: # 1 Acceptance of Service for Molly Spearman)(Barker, Rita) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
38

Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(Lambert, William) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

RECAP
39

ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Lexington County School Board One served on 9/2/2021, answer due 9/23/2021. (Barker, Rita) Modified to add filers listed on document on 9/3/2021 (cbru, ). (Main Document 39 replaced on 9/7/2021) (cbru, ). (Additional attachment(s) added on 9/7/2021: # 1 Acceptance of Service for Lexington County School Board One) (cbru, ). (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
41

SUPPLEMENT by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova to 16 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit A - G.S. v. Lee Order, # 2 Exhibit B - Scott v. DeSantis Order)(Chaney, David) Modified to edit text on 9/7/2021 (cbru, ). (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
42

SUMMONS Returned Executed by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Horry County School Board served on 9/7/2021, answer due 9/28/2021. (Attachments: # 1 Affidavit of Service for Horry County School Board)(Barker, Rita) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
43

MOTION to Appear Pro Hac Vice by John A. Freedman (Filing fee $350 receipt number 0420-10059043) by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/22/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application/Affidavit, # 2 Certificate of Good Standing)No proposed order.(Chaney, David) Modified to edit text on 9/8/2021 (cbru, ). (Attachment 1 replaced on 9/29/2021) (cbru, ). (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
44

NOTICE of Request for Protection from Court Appearance by James Emory Smith, Jr for Sept. 27 & 30; Oct. 1, 7 & 8 (Smith, James) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
45

ACCEPTANCE OF SERVICE OF COMPLAINT by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Oconee County School Board served on 9/9/2021, answer due 9/30/2021. (Attachments: # 1 Acceptance of Service for Oconee County School Board)(Barker, Rita) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
46

NOTICE of Appearance by John M Reagle on behalf of Charleston County School Board, Dorchester County School Board Two, Greenville County School Board, Horry County School Board, Oconee County School Board, Pickens County School Board (Reagle, John) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
47

NOTICE of Appearance by Thomas Kennedy Barlow on behalf of Charleston County School Board, Dorchester County School Board Two, Greenville County School Board, Horry County School Board, Oconee County School Board, Pickens County School Board (Barlow, Thomas) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
48

NOTICE of Appearance by Allison A Hanna on behalf of Charleston County School Board, Dorchester County School Board Two, Greenville County School Board, Horry County School Board, Oconee County School Board, Pickens County School Board (Hanna, Allison) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
49

Local Rule 26.01 Answers to Interrogatories by Charleston County School Board.(Reagle, John) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
50

Local Rule 26.01 Answers to Interrogatories by Dorchester County School Board Two.(Reagle, John) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
51

Local Rule 26.01 Answers to Interrogatories by Greenville County School Board.(Reagle, John) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
52

Local Rule 26.01 Answers to Interrogatories by Oconee County School Board.(Reagle, John) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
53

Local Rule 26.01 Answers to Interrogatories by Pickens County School Board.(Reagle, John) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
54

RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction Response filed by Charleston County School Board, Dorchester County School Board Two, Greenville County School Board, Horry County School Board, Oconee County School Board, Pickens County School Board.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 - Memorandum from SCDE to S.C. Districts)(Reagle, John) Modified to edit text on 9/10/2021 (cbru, ). (Main Document 54 replaced on 9/10/2021) (cbru, ). (Main Document 54 replaced on 9/13/2021) (cbru, ). (Entered: 09/10/2021)

1 Exhibit 1 - Memorandum from SCDE to S.C. Districts

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Sept. 10, 2021

Sept. 10, 2021

RECAP
55

RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Alan Wilson.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Smith, James) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
56

Local Rule 26.01 Answers to Interrogatories by Alan Wilson.(Smith, James) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
57

RESPONSE to Motion re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Molly Spearman.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Cotter, Leslie) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
58

RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Henry McMaster.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lambert, William) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

RECAP
59

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Henry McMaster. Response to Motion due by 9/24/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Limehouse, Thomas) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

RECAP
60

NOTICE of Appearance by David Nelson Lyon on behalf of Lexington County School Board One (Lyon, David) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
61

RESPONSE in Opposition re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Response filed by Lexington County School Board One.Reply to Response to Motion due by 9/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 - Memorandum dated August 18, 2021)(Lyon, David) Modified to add description to attachment on 9/13/2021 (cbru, ). (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
62

Local Rule 26.01 Answers to Interrogatories by Lexington County School Board One.(Lyon, David) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
63

MOTION for Leave to File Excess Pages in Reply by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/27/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Chaney, David) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
64

TEXT ORDER: Defendants Henry McMaster, Alan Wilson, Molly Spearman, and Oconee County School Board shall file a response to Plaintiff's 63 MOTION for Leave to File Excess Pages no later than 11:00pm today, September 13, 2021. IT IS SO ORDERED. (Response to Motion due by 9/13/2021) Signed by Honorable Mary Geiger Lewis on 9/13/2021. (cbru, ) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
65

RESPONSE to Motion re 63 MOTION for Leave to File Excess Pages in Reply Response filed by Alan Wilson.Reply to Response to Motion due by 9/20/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Smith, James) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
66

MOTION to Amend/Correct 63 MOTION for Leave to File Excess Pages in Reply by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 9/27/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Amended Motion for Leave to File Excess Pages in Reply)No proposed order.(Chaney, David) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
67

RESPONSE in Opposition re 63 MOTION for Leave to File Excess Pages in Reply Response filed by Henry McMaster.Reply to Response to Motion due by 9/20/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lambert, William) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
68

TEXT ORDER: Pending before the Court is Plaintiffs' 63 motion for leave to file an oversized reply of no more than thirty-five pages. Having carefully considered Plaintiffs' motion, the responses, the record, and the applicable law, it is the judgment of the Court that Plaintiffs' motion is GRANTED. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 9/14/2021.(cbru, ) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
69

TEXT ORDER finding as moot 66 Motion to Amend/Correct. Signed by Honorable Mary Geiger Lewis on 9/14/2021.(cbru, ) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
70

REPLY to Response to Motion re 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Response filed by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Tamica Grant, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. (Attachments: # 1 Exhibit A - The Arc of Iowa v. Reynolds (Iowa TRO))(Chaney, David) Modified to edit text on 9/14/2021 (cbru, ). (Entered: 09/14/2021)

1 Exhibit A - The Arc of Iowa v. Reynolds (Iowa TRO)

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Sept. 14, 2021

Sept. 14, 2021

PACER
71

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 9/30/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Alan Wilson. (Attachments: # 1 Memo in Support)No proposed order.(Smith, James) (Entered: 09/16/2021)

1 Memo in Support

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Sept. 16, 2021

Sept. 16, 2021

PACER
72

Consent MOTION for Extension of Time to File Answer re 1 Complaint by Molly Spearman. Response to Motion due by 10/4/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Cotter, Leslie) Modified to link correct event to associated event on 9/20/2021 (cbru, ). (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
73

TEXT ORDER granting 72 Motion for Extension of Time to Answer re 1 Complaint. (Molly Spearman answer due 10/29/2021) Signed by Honorable Mary Geiger Lewis on 9/20/2021.(cbru, ) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
75

TEXT ORDER: Plaintiffs shall file a response to Defendant Alan Wilson's 71 Motion to Dismiss no later than 12:00pm on September 27, 2021. IT IS SO ORDERED. (Response to Motion due by 9/27/2021) Signed by Honorable Mary Geiger Lewis on 9/23/2021. (cbru, ) Modified to edit text to correct scrivener's error on 9/23/2021 (cbru, ). (Entered: 09/23/2021)

Sept. 23, 2021

Sept. 23, 2021

PACER
76

RESPONSE in Opposition re 59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction. Response filed by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova.Reply to Response to Motion due by 9/30/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A - Charleston Mask Enforcement, # 2 Exhibit B - Charleston Reopening Plan, # 3 Exhibit C - Richland 2 Reopening Plan, # 4 Exhibit D - Oconee Reopening Plan, # 5 Exhibit E - Oconee Mask Guidance, # 6 Exhibit F - Greenville Reopening Plan, # 7 Exhibit G - Children's Hospital COVID-19, # 8 Exhibit H - SCDOE Synopsis of Emergency Regulation, # 9 Exhibit I - Executive Order 2020-50, # 10 Exhibit J - SCDHEC Science on Mask Use)(Chaney, David) Modified to edit text on 9/23/2021 (cbru, ). Modified to remove filer not listed on document on 9/28/2021 (cbru, ). Supplement filed as entry 78 on 9/27/2021 (Entered: 09/23/2021)

1 Exhibit A - Charleston Mask Enforcement

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2 Exhibit B - Charleston Reopening Plan

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3 Exhibit C - Richland 2 Reopening Plan

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4 Exhibit D - Oconee Reopening Plan

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5 Exhibit E - Oconee Mask Guidance

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6 Exhibit F - Greenville Reopening Plan

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7 Exhibit G - Children's Hospital COVID-19

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8 Exhibit H - SCDOE Synopsis of Emergency Regulation

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9 Exhibit I - Executive Order 2020-50

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10 Exhibit J - SCDHEC Science on Mask Use

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Sept. 23, 2021

Sept. 23, 2021

RECAP
77

REPLY to Response to Motion re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Alan Wilson. (Smith, James) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

RECAP
78

SUPPLEMENT by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova to 16 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 76 Response in Opposition to Motion. Notice of Supplemental Authority. (Attachments: # 1 S.B. v. Lee, # 2 R.K. v. Lee)(Chaney, David) Modified to remove filer not listed on document, to link correct event to associated event, and to edit text on 9/28/2021 (cbru, ). (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
79

MEMORANDUM OPINION AND ORDER denying 71 Motion to Dismiss for Lack of Jurisdiction. Signed by Honorable Mary Geiger Lewis on 9/28/2021.(cbru, ) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

Clearinghouse
80

MEMORANDUM OPINION AND ORDER granting 16 Motion for TRO; granting 16 Motion for Preliminary Injunction. Signed by Honorable Mary Geiger Lewis on 9/28/2021.(cbru, ) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

Clearinghouse
81

TEXT ORDER granting 43 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 9/29/2021.(cbru, ) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
82

NOTICE OF INTERLOCUTORY APPEAL as to 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction by Henry McMaster, Alan Wilson. Filing fee $ 505, receipt number 0420-10100043. The Docketing Statement form, Transcript Order form, and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Limehouse, Thomas) (Main Document 82 replaced on 9/29/2021) (cbru, ). Modified to add filer listed on document on 9/29/2021 (cbru, ). (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

RECAP
83

Transmittal Sheet for Notice of Appeal to USCA re 82 Notice of Interlocutory Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (cbru, ) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
85

ORDER of USCA as to 82 Notice of Interlocutory Appeal, remanding the appellant's emergency motion for stay for consideration by the district court in the first instance. (cbru, ) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
86

*Originally filed at 4CCA* MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction by Henry McMaster. Response to Motion due by 10/19/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Certificate of Compliance, # 2 Certificate of Service and Filing, # 3 Appendix)No proposed order.(cbru, ) Supplement filed as entry 87 on 10/5/2021 (cbru, ). Supplement filed as entry 88 on 10/6/2021 (cbru, ). (Entered: 10/05/2021)

1 Certificate of Compliance

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2 Certificate of Service and Filing

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3 Appendix

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Oct. 5, 2021

Oct. 5, 2021

RECAP
87

SUPPLEMENT by Henry McMaster to 86 MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction. (Attachments: # 1 Appellees' Response to Motion to Stay, # 2 Appellants' Reply to Response to Motion to Stay) Refiled by the Clerk to correct event type. (cbru, ) (Entered: 10/05/2021)

1

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Oct. 5, 2021

Oct. 5, 2021

PACER
88

SUPPLEMENT by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova to 86 MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction Supplement Opposing Stay of Injunction. (Attachments: # 1 Exhibit A - AAP Children and COVID-19 State Data Report, # 2 Exhibit B - CDC Mask Study 1, # 3 Exhibit C - CDC Mask Study 2, # 4 Exhibit D - Colorado Masking Analysis, # 5 Exhibit E - Ohio Masking Analysis, # 6 Exhibit F - Texas Masking Analysis, # 7 Exhibit G - Brief of Amicus Curiae AAP)(Chaney, David) Modified to remove filer not listed on document and to edit text on 10/6/2021 (cbru, ). (Main Document 88 replaced on 10/7/2021) (cbru, ). (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
89

ANSWER to 1 Complaint, by Pickens County School Board.(Hanna, Allison) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
90

ANSWER to 1 Complaint, by Charleston County School Board.(Reagle, John) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
91

ANSWER to 1 Complaint, by Dorchester County School Board Two.(Reagle, John) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
92

ANSWER to 1 Complaint, by Greenville County School Board.(Reagle, John) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
93

ANSWER to 1 Complaint, by Horry County School Board.(Reagle, John) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
94

ANSWER to 1 Complaint, by Oconee County School Board.(Reagle, John) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
95

ANSWER to 1 Complaint, by Lexington County School Board One.(Duff, David) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
96

CLERK'S NOTICE: Defendant Horry County School Board is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed at the time a party first appears. Please file these answers to interrogatories no later than October 26, 2021. (cbru, ) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
98

Local Rule 26.01 Answers to Interrogatories by Horry County School Board.(Reagle, John) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
99

MOTION to Expedite Consideration of ECF No. 86 by Henry McMaster, Alan Wilson. Response to Motion due by 10/26/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lambert, William) Modified to edit text on 10/13/2021 (cbru, ). (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
100

MOTION to Amend/Correct 1 Complaint, by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova. Response to Motion due by 10/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Chaney, David) Modified to remove filer not listed on document on 10/15/2021 (cbru, ). (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
101

TEXT ORDER granting 100 Motion to Amend/Correct 1 Complaint. Plaintiffs shall file the amended complaint forthwith. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/15/2021.(cbru, ) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
102

AMENDED COMPLAINT against Henry McMaster, Alan Wilson, Molly Spearman, Greenville County School District, Horry County School District, Lexington County School District One, Oconee County School District, Dorchester County School District Two, Charleston County School District, and Pickens County School District filed by Samantha Boevers, Lyudmyla Tsykalova, Heather Price, Able South Carolina, Timicia Grant, Disability Rights South Carolina, Amanda McDougald Scott, Emily Poetz, Christine Copeland, Cathy Littleton, Michelle Finney. Service due by 1/18/2022 (Chaney, David) Modified to edit text on 10/18/2021 (cbru, ). (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

Clearinghouse
104

CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 11/22/2021, Motions to Amend Pleadings due by 12/17/2021, Plaintiffs ID of Expert Witness due by 1/18/2022, Defendants ID of Expert Witnesses Due by 2/15/2022, Records Custodian Affidavit due by 2/15/2022, Discovery due by 4/18/2022, Motion in Limine due by 7/28/2022, Motions due by 5/2/2022, Rule 26(a)(3) Disclosures due by 7/15/2022, Bench Trial Deadline 8/18/2022, Mediation Due by 6/30/2022. Signed by Honorable Mary Geiger Lewis on 10/18/2021. (cbru, ) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
105

MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 10/18/2021. (cbru, ) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
106

RESPONSE in Opposition re 86 MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction Response filed by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova.Reply to Response to Motion due by 10/26/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

RECAP
107

REPLY to Response to Motion re 86 MOTION to Stay re 80 Order on Motion for TRO, Order on Motion for Preliminary Injunction Response filed by Alan Wilson, Henry McMaster. (Lambert, William) Modified to add filer listed on document on 10/20/2021 (cbru, ). (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
108

ANSWER to 102 Amended Complaint by Molly Spearman.(Cotter, Leslie) Modified to edit text on 10/21/2021 (cbru, ). (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
109

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Henry McMaster. Response to Motion due by 11/5/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lambert, William) Modified to edit text on 10/22/2021 (cbru, ). (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

RECAP
111

RESPONSE to Motion re 99 MOTION to Expedite Consideration of ECF No. 86. Response filed by Able South Carolina, Samantha Boevers, Christine Copeland, Disability Rights South Carolina, Michelle Finney, Timicia Grant, Cathy Littleton, Emily Poetz, Heather Price, Amanda McDougald Scott, Lyudmyla Tsykalova.Reply to Response to Motion due by 11/1/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) Modified to edit text on 10/25/2021 (cbru, ). (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Disability Rights

Disability Rights

Education

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Aug. 24, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability rights organizations and parents of disabled public school children

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of South Carolina, State

Attorney General of South Carolina, State

State Superintendent of Education, State

Greenville County School District (Greenville), School District

Horry County School District (Horry), School District

Lexington County School District One (Lexington), School District

Oconee County School District (Oconee), School District

Dorchester County School District Two (Dorchester), School District

Charleston County School District (Charleston), School District

Pickens County School District (Pickens), School District

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - 2022

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General:

Reasonable Accommodations

School/University policies

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

P&A Associational Standing

Type of Facility:

Government-run