E.T. v. Morath

E.T. v. Morath

E.T. v. Morath

E.T. v. Morath

E.T. v. Paxton

U. S. Court of Appeals for the Fifth Circuit

COMPLAINT ( Filing fee $ 402 receipt number 0542-15128620). No Summons requested at this time, filed by R.S., J.G., D.D., E.T., H.P., N.C., E.R., M.P., J.V., A.M., E.S., J.R., S.P., H.M.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(Melsheimer, Thomas) (Entered: 08/17/2021)

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (dl)

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl)

NOTICE of Corrected Exhibit A by A.M., D.D., E.R., E.S., E.T., H.M., H.P., J.G., J.R., J.V., M.P., N.C., R.S., S.P. re 1 Complaint, (Attachments: # 1 Corrected Exhibit A)(Melsheimer, Thomas) (Entered: 08/18/2021)

1 Corrected Exhibit A

View on PACER

REQUEST FOR ISSUANCE OF SUMMONS by A.R., A.T.(as parent and next friend of E.T.), B.M., C.M., D.C., G.R., H.P., J.A., J.G., J.R.(as parent and next friend of J.R.), J.V., M.M., M.P., R.M., R.S., S.C., S.M., S.P.. (Attachments: # 1 Morath - Summons, # 2 TEA - Summons)(Melsheimer, Thomas) (Entered: 08/18/2021)

MOTION to Appear Pro Hac Vice by Thomas M. Melsheimer for Brandon W. Duke ( Filing fee $ 100 receipt number 0542-15131263) by on behalf of A.R., A.S., A.T.(as parent and next friend of E.T.), B.M., C.G., C.M., D.C., D.P., G.R., J.A., J.P., J.R.(as parent and next friend of J.R.), K.P.(as parent and next friend of H.P.), K.P.(as parent and next friend of M.P.), M.M., M.P., R.G., R.M., S.C., S.M., S.P., Y.V.. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Melsheimer, Thomas) (Entered: 08/18/2021)

Summons Issued as to All Defendants. (dl) (Entered: 08/18/2021)

Pro Hac Vice Letters mailed to John Michael Gaddis, Brandon W. Duke, Dustin Rynders and Robert Winterode.. (Attachments: # 1 PHV Letter for Robert Winterode)(dl) (Entered: 08/18/2021)

MOTION for Temporary Restraining Order &, MOTION for Preliminary Injunction by A.R., A.S., A.T.(as parent and next friend of E.T.), B.M., C.G., C.M., D.C., D.P., G.R., J.A., J.P., J.R.(as parent and next friend of J.R.), K.P.(as parent and next friend of H.P.), K.P.(as parent and next friend of M.P.), M.M., M.P., R.G., R.M., S.C., S.M., S.P., Y.V.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Proposed Order)(Melsheimer, Thomas) (Entered: 08/18/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

13 Exhibit M

View on PACER

14 Exhibit N

View on PACER

15 Exhibit O

View on PACER

16 Exhibit P

View on PACER

17 Exhibit Q

View on PACER

18 Exhibit R

View on PACER

19 Exhibit S

View on PACER

20 Exhibit T

View on PACER

21 Exhibit U

View on PACER

22 Exhibit V

View on PACER

23 Proposed Order

View on PACER

Case Assigned/Reassigned

To be Referred to AU Mag Judge

Notice of Correction: Duplicate summons (previously assigned Doc# 7) was issued in error and has been deleted. (dl)

Summons Issued

ORDER GRANTING 4 Motion for Brandon W. Duke to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 08/19/2021)

Notice of Correction

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 8/20/2021. (Minute entry documents are not available electronically.) (Court Reporter Alrlinda Rodriguez.)(lt) (Entered: 08/20/2021)

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 8/23/2021. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 08/23/2021)

MOTION to Appear Pro Hac Vice by L. Kym Davis Rogers for Dustin W. Rynders ( Filing fee $ 100 receipt number 0542-15145619) by on behalf of A.R., A.S., A.T.(as parent and next friend of E.T.), B.M., C.G., C.M., D.C., D.P., G.R., J.A., J.P., J.R.(as parent and next friend of J.R.), K.P.(as parent and next friend of H.P.), K.P.(as parent and next friend of M.P.), M.M., M.P., R.G., R.M., S.C., S.M., S.P., Y.V.. (Rogers, L.) (Entered: 08/23/2021)

MOTION to Appear Pro Hac Vice by L. Kym Davis Rogers for Robert Winterode ( Filing fee $ 100 receipt number 0542-15145657) by on behalf of A.R., A.S., A.T.(as parent and next friend of E.T.), B.M., C.G., C.M., D.C., D.P., G.R., J.A., J.P., J.R.(as parent and next friend of J.R.), K.P.(as parent and next friend of H.P.), K.P.(as parent and next friend of M.P.), M.M., M.P., R.G., R.M., S.C., S.M., S.P., Y.V.. (Rogers, L.) (Entered: 08/23/2021)

ORDER SETTING Telephone Conference for 8/26/2021 at 09:00 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 08/23/2021)

ORDER GRANTING 11 Motion for Dustin Wade Rynders to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 08/25/2021)

ORDER GRANTING 12 Motion for Robert Winterode to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 08/25/2021)

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 8/26/2021. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 08/26/2021)

ORDER SETTING Bench Trial for 10/6/2021 at 09:00 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 08/26/2021)

MOTION to Appear Pro Hac Vice by Thomas M. Melsheimer on behalf of John Michael Gaddis ( Filing fee $ 100 receipt number 0542-15162927) by on behalf of A.R., A.S., A.T.(as parent and next friend of E.T.), B.M., C.G., C.M., D.C., D.P., G.R., J.A., J.P., J.R.(as parent and next friend of J.R.), K.P.(as parent and next friend of H.P.), K.P.(as parent and next friend of M.P.), M.M., M.P., R.G., R.M., S.C., S.M., S.P., Y.V.. (Attachments: # 1 Proposed Order)(Melsheimer, Thomas) (Entered: 08/27/2021)

Agreed NOTICE of Attorney Appearance by Ryan G. Kercher on behalf of Greg Abbott, Mike Morath, Texas Education Agency. Attorney Ryan G. Kercher added to party Greg Abbott(pty:dft), Attorney Ryan G. Kercher added to party Mike Morath(pty:dft), Attorney Ryan G. Kercher added to party Texas Education Agency(pty:dft) (Kercher, Ryan) Modified on 8/30/2021 (lt). (Entered: 08/27/2021)

ORDER GRANTING 18 Motion for John Michael Gaddis to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 08/30/2021)

AMENDED COMPLAINT against Greg Abbott, Mike Morath, Texas Education Agency, Kenneth Paxton, filed by E.T., D.D., E.R., J.R., H.M., N.C., J.G., E.S., M.P., S.P., R.S., J.V., H.P., A.M. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(lt) (Entered: 09/01/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

Proposed Scheduling Order (Joint) by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Melsheimer, Thomas) (Entered: 09/01/2021)

SCHEDULING ORDER. Signed by Judge Lee Yeakel. (lt) (Entered: 09/03/2021)

BRIEF Defendants' Brief Addressng Propriety of Current Parties by Greg Abbott, Mike Morath, Kenneth Paxton, Texas Education Agency. (Kercher, Ryan) (Entered: 09/03/2021)

Proposed Protective Order by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Melsheimer, Thomas) (Entered: 09/06/2021)

RESPONSE to 24 Brief by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Attachments: # 1 Exhibit Exhibit A)(Melsheimer, Thomas) (Entered: 09/07/2021)

SUPPLEMENT to 7 MOTION for Temporary Restraining Order & MOTION for Preliminary Injunction by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Melsheimer, Thomas) (Entered: 09/08/2021)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Proposed Order

View on RECAP

CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (lt) (Entered: 09/08/2021)

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 9/9/2021. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 09/09/2021)

ORDER Setting Hearing on Plaintiffs' request for a temporary restraining order: Motion Hearing set for 9/15/2021 at 09:00 AM before Judge Lee Yeakel. ORDER that Defendants may file a response to Plaintiffs' Emergency Motion For a Temporary Restraining Order on or before 5:00 p.m. Monday, September 13, 2021. Signed by Judge Lee Yeakel. (lt) (Entered: 09/09/2021)

NOTICE of Attorney Appearance by Todd A. Dickerson on behalf of Greg Abbott, Mike Morath, Kenneth Paxton, Texas Education Agency. Attorney Todd A. Dickerson added to party Greg Abbott(pty:dft), Attorney Todd A. Dickerson added to party Mike Morath(pty:dft), Attorney Todd A. Dickerson added to party Kenneth Paxton(pty:dft), Attorney Todd A. Dickerson added to party Texas Education Agency(pty:dft) (Dickerson, Todd) (Entered: 09/10/2021)

Opposed MOTION for Leave to Exceed Page Limitation on Defendants' Motion to Dismiss and Response to Motion for Temporary Restraining Order by Greg Abbott, Mike Morath, Kenneth Paxton, Texas Education Agency. (Attachments: # 1 Proposed Order)(Kercher, Ryan) (Entered: 09/13/2021)

ORDER GRANTING Defendants' 32 Motion to Exceed Page Limitations on Defendants' Motion to Dismiss and Response to Motion for Temporary Restraining Order. Signed by Judge Lee Yeakel. (lt) (Entered: 09/13/2021)

MOTION to Dismiss by Greg Abbott, Mike Morath, Kenneth Paxton, Texas Education Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit Agahazadian Declaration)(Dickerson, Todd) (Entered: 09/13/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit Agahazadian Declaration

View on PACER

RESPONSE to Motion, filed by Greg Abbott, Mike Morath, Kenneth Paxton, Texas Education Agency, re 7 MOTION for Temporary Restraining Order & MOTION for Preliminary Injunction filed by Plaintiff D.P., Plaintiff R.G., Plaintiff S.P., Plaintiff C.M., Plaintiff R.M., Plaintiff J.P., Plaintiff M.P., J.R., Plaintiff D.D., Plaintiff A.S., Plaintiff J.A., Plaintiff S.M., Plaintiff M.M., Plaintiff Y.V., Plaintiff B.M., Plaintiff C.G., K.P., Plaintiff E.R., Plaintiff S.C., Plaintiff G.R. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit Agahazadian Declaration, # 7 Proposed Order Denying Plaintiffs' Motion for Temporary Restraining Order)(Dickerson, Todd) (Entered: 09/13/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit Agahazadian Declaration

View on PACER

7 Proposed Order Denying Plaintiffs' Motion for Temporary Restraining Order

View on PACER

REPLY to Response to Motion, filed by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V., re 7 MOTION for Temporary Restraining Order & MOTION for Preliminary Injunction filed by Plaintiff D.P., Plaintiff R.G., Plaintiff S.P., Plaintiff C.M., Plaintiff R.M., Plaintiff J.P., Plaintiff M.P., J.R., Plaintiff D.D., Plaintiff A.S., Plaintiff J.A., Plaintiff S.M., Plaintiff M.M., Plaintiff Y.V., Plaintiff B.M., Plaintiff C.G., K.P., Plaintiff E.R., Plaintiff S.C., Plaintiff G.R. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Revised Proposed TRO)(Melsheimer, Thomas) (Entered: 09/14/2021)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Revised Proposed TRO

View on PACER

Minute Entry for proceedings held before Judge Lee Yeakel: Motion Hearing held on 9/15/2021 re 7 MOTION for Temporary Restraining Order. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 09/15/2021)

ORDER DENYING Plaintiffs' 7 Emergency Motion for Temporary Restraining Order. Signed by Judge Lee Yeakel. (lt) (Entered: 09/15/2021)

Transcript filed of Proceedings held on August 23, 2021, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/7/2021, Redacted Transcript Deadline set for 10/18/2021, Release of Transcript Restriction set for 12/15/2021, (alr) (Entered: 09/16/2021)

Transcript filed of Proceedings held on August 26, 2021, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/7/2021, Redacted Transcript Deadline set for 10/18/2021, Release of Transcript Restriction set for 12/15/2021, (alr) (Entered: 09/16/2021)

Transcript filed of Proceedings held on September 9, 2021, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/7/2021, Redacted Transcript Deadline set for 10/18/2021, Release of Transcript Restriction set for 12/15/2021, (alr) (Entered: 09/16/2021)

Transcript filed of Proceedings held on September 15, 2021, Proceedings Transcribed: Temporary Restraining Order. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/12/2021, Redacted Transcript Deadline set for 10/21/2021, Release of Transcript Restriction set for 12/20/2021, (alr) (Entered: 09/20/2021)

NOTICE of Attorney Appearance for William G. Fox Jr. by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V. (Melsheimer, Thomas) (Entered: 09/23/2021)

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 9/29/2021. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 09/29/2021)

AMENDED COMPLAINT (Second) against Mike Morath, Kenneth Paxton, Texas Education Agency amending, filed by H.M., E.T., J.P., E.S., C.M., A.M., S.P., S.M., B.M., M.P., K.P.(as parent and next friend of H.P.), M.M., J.R., R.M..(Melsheimer, Thomas) (Entered: 09/29/2021)

MOTION for Leave to File Amicus Brief by Jim Dunnam. by Texas Pediatric Society, American Academy of Pediatrics. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Dunnam, James) (Entered: 09/29/2021)

NOTICE Statement of Interest by United States of America (Sinha, Nabina) (Entered: 09/29/2021)

TRIAL BRIEF by Mike Morath, Kenneth Paxton, Texas Education Agency. (Attachments: # 1 Exhibit Exhibits 1-10, # 2 Exhibit Exhibits 11-20, # 3 Exhibit Exhibits 21-28)(Dickerson, Todd) (Entered: 09/29/2021)

1 Exhibit Exhibits 1-10

View on PACER

2 Exhibit Exhibits 11-20

View on PACER

3 Exhibit Exhibits 21-28

View on PACER

Exhibit List by Mike Morath, Kenneth Paxton, Texas Education Agency.. (Kercher, Ryan) (Entered: 09/29/2021)

Exhibit List Defendants' Deposition Designations by Mike Morath, Kenneth Paxton, Texas Education Agency.. (Kercher, Ryan) (Entered: 09/29/2021)

Witness List by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Melsheimer, Thomas) (Entered: 09/29/2021)

Proposed Findings of Fact by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Melsheimer, Thomas) (Entered: 09/29/2021)

Exhibit List - Plaintiffs' Designation of Deposition Testimony To Be Used At Trial by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V... (Melsheimer, Thomas) (Entered: 09/29/2021)

Proposed Findings of Fact by Mike Morath, Kenneth Paxton, Texas Education Agency. (Gifford, Taylor) (Entered: 09/29/2021)

Exhibit List by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V... (Fox, William) (Entered: 09/29/2021)

TRIAL BRIEF by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 10, # 9 Exhibit 12, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Exhibit 15, # 13 Exhibit 16, # 14 Exhibit 17, # 15 Exhibit 18, # 16 Exhibit 20, # 17 Exhibit 21, # 18 Exhibit 22, # 19 Exhibit 27, # 20 Exhibit 28, # 21 Exhibit 29, # 22 Exhibit 32, # 23 Exhibit 33, # 24 Exhibit 34, # 25 Exhibit 36, # 26 Exhibit 37, # 27 Exhibit 38, # 28 Exhibit 56, # 29 Exhibit 65, # 30 Exhibit 84, # 31 Exhibit 86, # 32 Exhibit 87, # 33 Exhibit 88, # 34 Exhibit 91, # 35 Exhibit 92, # 36 Exhibit 94, # 37 Exhibit 96, # 38 Exhibit 98, # 39 Exhibit 100, # 40 Exhibit 101, # 41 Exhibit 102, # 42 Exhibit 103, # 43 Exhibit 107, # 44 Exhibit 111, # 45 Exhibit 112, # 46 Exhibit 115, # 47 Exhibit 118, # 48 Exhibit 120, # 49 Exhibit 125, # 50 Exhibit 138, # 51 Exhibit 142, # 52 Exhibit 143, # 53 Exhibit 145, # 54 Exhibit 147, # 55 Exhibit 159, # 56 Exhibit 160, # 57 Exhibit 161, # 58 Exhibit 162, # 59 Exhibit 163, # 60 Exhibit 164, # 61 Exhibit 166, # 62 Exhibit 167, # 63 Exhibit 195, # 64 Exhibit 220, # 65 Exhibit 221, # 66 Exhibit 222, # 67 Exhibit 223, # 68 Exhibit 224, # 69 Exhibit 225, # 70 Exhibit 226, # 71 Exhibit 227, # 72 Exhibit 228, # 73 Exhibit 229, # 74 Exhibit 230, # 75 Exhibit 339, # 76 Exhibit 340, # 77 Exhibit 342, # 78 Exhibit 343, # 79 Exhibit 344, # 80 Exhibit 345, # 81 Exhibit 346, # 82 Exhibit 347, # 83 Exhibit 348, # 84 Exhibit 349, # 85 Exhibit 350, # 86 Exhibit 351, # 87 Exhibit 352)(Melsheimer, Thomas) (Attachment 32 replaced on 12/6/2021) (lt). (Attachment 33 replaced on 12/6/2021) (lt). Modified on 12/6/2021 (lt). (Entered: 09/30/2021)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 10

View on PACER

9 Exhibit 12

View on PACER

10 Exhibit 13

View on PACER

11 Exhibit 14

View on PACER

12 Exhibit 15

View on PACER

13 Exhibit 16

View on PACER

14 Exhibit 17

View on PACER

15 Exhibit 18

View on PACER

16 Exhibit 20

View on PACER

17 Exhibit 21

View on PACER

18 Exhibit 22

View on PACER

19 Exhibit 27

View on PACER

20 Exhibit 28

View on PACER

21 Exhibit 29

View on PACER

22 Exhibit 32

View on PACER

23 Exhibit 33

View on PACER

24 Exhibit 34

View on PACER

25 Exhibit 36

View on PACER

26 Exhibit 37

View on PACER

27 Exhibit 38

View on PACER

28 Exhibit 56

View on PACER

29 Exhibit 65

View on PACER

30 Exhibit 84

View on PACER

31 Exhibit 86

View on PACER

32 Exhibit 87

View on PACER

33 Exhibit 88

View on PACER

34 Exhibit 91

View on PACER

35 Exhibit 92

View on PACER

36 Exhibit 94

View on PACER

37 Exhibit 96

View on PACER

38 Exhibit 98

View on PACER

39 Exhibit 100

View on PACER

40 Exhibit 101

View on PACER

41 Exhibit 102

View on PACER

42 Exhibit 103

View on PACER

43 Exhibit 107

View on PACER

44 Exhibit 111

View on PACER

45 Exhibit 112

View on PACER

46 Exhibit 115

View on PACER

47 Exhibit 118

View on PACER

48 Exhibit 120

View on PACER

49 Exhibit 125

View on PACER

50 Exhibit 138

View on PACER

51 Exhibit 142

View on PACER

52 Exhibit 143

View on PACER

53 Exhibit 145

View on PACER

54 Exhibit 147

View on PACER

55 Exhibit 159

View on PACER

56 Exhibit 160

View on PACER

57 Exhibit 161

View on PACER

58 Exhibit 162

View on PACER

59 Exhibit 163

View on PACER

60 Exhibit 164

View on PACER

61 Exhibit 166

View on PACER

62 Exhibit 167

View on PACER

63 Exhibit 195

View on PACER

64 Exhibit 220

View on PACER

65 Exhibit 221

View on PACER

66 Exhibit 222

View on PACER

67 Exhibit 223

View on PACER

68 Exhibit 224

View on PACER

69 Exhibit 225

View on PACER

70 Exhibit 226

View on PACER

71 Exhibit 227

View on PACER

72 Exhibit 228

View on PACER

73 Exhibit 229

View on PACER

74 Exhibit 230

View on PACER

75 Exhibit 339

View on PACER

76 Exhibit 340

View on PACER

77 Exhibit 342

View on PACER

78 Exhibit 343

View on PACER

79 Exhibit 344

View on PACER

80 Exhibit 345

View on PACER

81 Exhibit 346

View on PACER

82 Exhibit 347

View on PACER

83 Exhibit 348

View on PACER

84 Exhibit 349

View on PACER

85 Exhibit 350

View on PACER

86 Exhibit 351

View on PACER

87 Exhibit 352

View on PACER

Notice of Correction: re 46 MOTION for Leave to File Amicus Brief b y Jim Dunnam. Pursuant to Section 5a(3) of the Western District's Administrative Policies and Procedures, motions to appear amicus curiae are to be filed TRADITIONALLY rather than electronically. Please make note of this for future filings with this court (lt)

Notice of Correction

STIPULATION STIPULATED FACTS by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Thomas, Scott) (Entered: 09/30/2021)

MOTION to Appear Pro Hac Vice by Thomas M. Melsheimer for Linda T. Coberly ( Filing fee $ 100 receipt number 0542-15284835) by on behalf of A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Melsheimer, Thomas) (Entered: 09/30/2021)

ORDER GRANTING 46 Motion of Texas Pediatric Society and American Academy of Pediatrics for Leave to File as Amici Curiae in Support of Plaintiffs' Pretrial Filings and Opposition to Defendants' Motion to Dismiss. Signed by Judge Lee Yeakel. (lt) (Entered: 09/30/2021)

Brief of Amici Curiae Texas Pediatric Society and American Academy of Pediatrics in Support of Plaintiffs' Pretrial Filings and Opposition to Defendants' Motion to Dismiss. (lt) (Entered: 09/30/2021)

MOTION for Leave to File Amicus Curiae Brief by Council of Parent Attorneys and Advocates, Inc. (Attachments: # 1 Proposed Order, # 2 Amicus Curiae Brief)(lt) (Entered: 10/04/2021)

1 Proposed Order

View on PACER

2 Amicus Curiae Brief

View on PACER

TRIAL BRIEF Defendants' Response to Plaintiff's Trial Brief by Mike Morath, Kenneth Paxton, Texas Education Agency. (Kercher, Ryan) (Entered: 10/04/2021)

TRIAL BRIEF RESPONSIVE TRIAL BRIEF by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Melsheimer, Thomas) (Entered: 10/04/2021)

1 Exhibit 2

View on PACER

2 Exhibit 3

View on PACER

SUPPLEMENT to 63 Trial Brief, Exhibit 1 to Plaintiffs' Responsive Trial Brief by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V.. (Melsheimer, Thomas) (Entered: 10/04/2021)

DEFICIENCY NOTICE: re 64 Supplement, (lt) (Entered: 10/04/2021)

NOTICE of Filing Corrected Exhibit by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V. re 64 Supplement, (Attachments: # 1 Exhibit 1)(Melsheimer, Thomas) (Entered: 10/04/2021)

ORDER GRANTING 58 Motion for Linda T. Coberly to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 10/04/2021)

Exhibit List PLAINTIFFS' AMENDED EXHIBIT LIST by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V... (Melsheimer, Thomas) (Entered: 10/04/2021)

Transcript filed of Proceedings held on September 29, 2021, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/26/2021, Redacted Transcript Deadline set for 11/5/2021, Release of Transcript Restriction set for 1/3/2022, (alr) (Entered: 10/05/2021)

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 10/5/2021. Bench Trial to begin Oct. 6, 2021 at 9am. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 10/05/2021)

Exhibit List Defendants' Supplemental Exhibit List by Mike Morath, Kenneth Paxton, Texas Education Agency.. (Kercher, Ryan) (Entered: 10/05/2021)

Defendants' Amended Proposed Findings of Fact and Conclusions by Mike Morath, Kenneth Paxton, Texas Education Agency. (Kercher, Ryan) Modified on 10/5/2021 (lt). (Entered: 10/05/2021)

ORDER GRANTING 61 Motion for Leave to File Amicus Curiae Brief by Council of Parent Attorney's & Advocates. Signed by Judge Lee Yeakel. (lt) (Entered: 10/05/2021)

Amicus Curiae Brief of Council of Parent Attorneys and Advocates on the Subject of Administrative Exhaustion. (lt) (Entered: 10/05/2021)

Exhibit List PLAINTIFFS' AMENDED EXHIBIT LIST by A.M., E.S., E.T., H.M., J.R., M.P., S.P... (Melsheimer, Thomas) (Entered: 10/05/2021)

Proposed Findings of Fact by A.M., E.S., E.T., H.M., J.R., M.P., S.P.. (Fox, William) (Entered: 10/05/2021)

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial held and concluded on 10/6/2021. Case is under advisement. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 10/06/2021)

Plaintiffs' Exhibits for Bench Trial Held 10/6/21. (lt) (Additional attachment(s) added on 10/7/2021: # 1 Pla Exhs 1 to 40, # 2 Pla Ex 41 to 100, # 3 Pla Ex 101 to 159, # 4 Pla Ex 160 to 161, # 5 Pla Ex 162 to 286, # 6 Pla Ex 300 to 317, # 7 Pla Ex 318, # 8 Pla Ex 319 to 369) (lt). (Additional attachment(s) added on 10/7/2021: # 9 Pla Ex 8, # 10 Pla Ex. 9, # 11 Pla Ex 11 Part 1 of 7, # 12 Pla Ex 11 Part 2 of 7, # 13 Pla Ex 11 Part 3 of 7, # 14 Pla Ex 11 Part 4 of 7, # 15 Pla Ex 11 Part 5 of 7, # 16 Pla Ex 11 Part 6 of 7, # 17 Pla Ex 11 Part 7 of 7) (lt). (Entered: 10/06/2021)

12 Pla Ex 11 Part 2 of 7

View on RECAP

15 Pla Ex 11 Part 5 of 7

View on PACER

Defendants' EXHIBITS for Bench Trial Held 10/6/21.(lt) (Additional attachment(s) added on 10/6/2021: # 1 Def Exhibits 1 to 34, # 2 Def Exhibit 35, # 4 Def Exhibits 36 to 42) (lt). (Entered: 10/06/2021)

NOTICE PLAINTIFFS' NOTICE OF STATUTORY AND REGULATORY AUTHORITY RELIED UPON FOR SECTION 504/ADA CLAIMS by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V. (Melsheimer, Thomas) (Entered: 10/07/2021)

Transcript filed of Proceedings held on October 6, 2021, Proceedings Transcribed: Bench Trial. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/12/2021, Redacted Transcript Deadline set for 11/22/2021, Release of Transcript Restriction set for 1/19/2022, (alr) (Entered: 10/21/2021)

ORDER GRANTING IN PART AND DENYING IN PART 34 Motion to Dismiss and DISMISS 7 MOTION for Preliminary Injunction by A.R., A.S., A.T.(as parent and next friend of E.T.), B.M., C.G., C.M., D.C., D.P., G.R., J.A., J.P., J.R.(as parent and next friend of J.R.), K.P.(as parent and next friend of H.P.), K.P.(as parent and next friend of M.P.), M.M., M.P., R.G., R.M., S.C., S.M., S.P., Y.V.. Signed by Judge Lee Yeakel. (so) (Entered: 11/10/2021)

PERMANENT INJUNCTION AND FINAL JUDGMENT. Signed by Judge Lee Yeakel. (so) Modified on 11/10/2021 (so). (Entered: 11/10/2021)

Appeal of Final Judgment 82, 83 by Kenneth Paxton. ( Filing fee $ 505 receipt number 0542-15432177) (Hilton, Christopher) (Entered: 11/11/2021)

MOTION to Stay Pending Appeal by Kenneth Paxton. (Attachments: # 1 Proposed Order)(Hilton, Christopher) (Entered: 11/11/2021)

1 Proposed Order

View on PACER

NOTICE OF APPEAL following 84 Notice of Appeal (E-Filed) by Kenneth Paxton. Filing fee $ 505, receipt number 0542-15432177. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (jv2)

ORDER re 85 Motion for Stay Pending Appeal. Response due on or before Tuesday, November 16, 2021, at 5:00 p.m. Austin, Texas time. Signed by Judge Lee Yeakel. (cc3) Modified on 11/12/2021 (cc3). (Entered: 11/12/2021)

Notice of Appeal

TRANSCRIPT REQUEST by Kenneth Paxton for dates of October 6, 2021. Proceedings Transcribed: Bench Trial. Court Reporter: Arlinda L. Rodriguez.. (Kercher, Ryan) (Entered: 11/15/2021)

Response in Opposition to Motion, filed by A.M., A.S., B.M., C.G., C.M., D.D., D.P., E.R., E.S., E.T., G.R., H.M., H.P., J.A., J.G., J.P., J.R., J.V., K.P.(as parent and next friend of M.P.), K.P.(as parent and next friend of H.P.), M.M., M.P., N.C., R.G., R.M., R.S., S.C., S.M., S.P., Y.V., re 85 MOTION to Stay Pending Appeal filed by Defendant Kenneth Paxton (Attachments: # 1 Proposed Order)(Melsheimer, Thomas) (Entered: 11/16/2021)

1 Proposed Order

View on RECAP

NOTICE Defendant's Notice of No Reply in Support of Motion For Stay by Kenneth Paxton re 85 MOTION to Stay Pending Appeal (Kercher, Ryan) (Entered: 11/17/2021)