Case: E.T. v. Governor Greg Abbott

1:21-cv-00717 | U.S. District Court for the Western District of Texas

Filed Date: Aug. 17, 2021

Closed Date: Aug. 22, 2022

Clearinghouse coding complete

Case Summary

On August 17, 2021, Disability Rights Texas filed a lawsuit in the U.S. District Court for the Western District of Texas challenging Governor Abbott's issuing of Executive Order GA-38 ("GA-38"), which prohibited school districts from instituting mask mandates in response to COVID-19. In addition to Governor Abbott, defendants included the Commissioner of the Texas Education Agency ("TEA") and the TEA. Disability Rights filed the suit on behalf of students with disabilities with compromised immu…

On August 17, 2021, Disability Rights Texas filed a lawsuit in the U.S. District Court for the Western District of Texas challenging Governor Abbott's issuing of Executive Order GA-38 ("GA-38"), which prohibited school districts from instituting mask mandates in response to COVID-19. In addition to Governor Abbott, defendants included the Commissioner of the Texas Education Agency ("TEA") and the TEA. Disability Rights filed the suit on behalf of students with disabilities with compromised immune systems under the Americans with Disabilities Act ("ADA") and Section 504 of the Rehabilitation Act of 1973 ("Section 504"). Plaintiffs also claimed that Governor Abbott was federally pre-empted by the terms of the American rescue Plan Act of 2021. Plaintiffs argued they were students with disabilities and underlying medical conditions carrying an increased risk of serious complications or death in the event that they contracted COVID-19. Higher risk conditions included Down syndrome, moderate to severe asthma, chronic lung and heart conditions, cerebral palsy, and weakened immune systems and were identified by the Centers for Disease Control (“CDC”) as risk factors for severe COVID-19 infection. All plaintiffs were under the age of 12 years old, rendering them ineligible to receive the vaccine under the Food and Drug Administration (“FDA”) regulations at the time of the law suit. Judge Lee Yeakel was assigned to the case.

Plaintiffs filed a motion for a temporary restraining order ("TRO") and preliminary injunction on August 18, 2021, claiming that both the TRO and preliminary injunction were necessary to prevent harm to plaintiffs because the beginning of the school year was fast approaching. Furthermore, plaintiffs argued that they were likely to prevail on the merits because they were qualified individuals under the ADA and Section 504, and because a mask-optional policy would exclude them from school activities with other children.

The court scheduled a bench trial for October 6, 2021 after plaintiffs set aside their request for a TRO in order to proceed directly to trial. Plaintiffs had been encouraged by several Texas courts entering and upholding TROs against enforcement of GA-38. Shortly thereafter, on September 8, 2021, plaintiffs re-requested a TRO and preliminary injunction after a significant uptick in Covid-19 cases at Texas schools. On September 15, 2021, the district court denied plaintiff's emergency motion for a temporary restraining order.

Prior to the hearing for the TRO, Governor Abbott filed a motion to dismiss the case on September 13, 2021. In response to the court's denial and the Governor Abbott's motion, plaintiffs filed a second amended complaint on September 29, 2021, re-alleging the same claims in conjunction with more data on the Delta variant and exhibits detailing Governor Abbott's politicization of the issue of mask mandates in schools. On the same day, the United States entered a statement of interest in support of plaintiffs, claiming that the ADA and Section 504 preempted GA-38. 

On November 10, 2021, the district court issued an order granting “in part the motion to dismiss as to Defendants Mike Morath and the Texas Education Agency (“TEA”) only and makes the following findings of fact and conclusions of law, ultimately concluding that [the executive order] violates Plaintiffs’ rights under the ADA and Section 504 and is preempted by the ADA, Section 504, and the ARP Act.” The same day, the court issued a permanent injunction on behalf of plaintiffs, finding that GA-38 violated the ADA, Section 504, and the provisions of the American Rescue Plan Act of 2021 that applied to school districts. The court also awarded litigation costs at defendant's expense to plaintiffs.

The State of Texas filed an appeal with U.S. Court of Appeals for the Fifth Circuit on November 11, 2021. Defendant's motion to stay the injunction pending the appeal was denied by the district court on November 22, 2021. On Dec. 1, 2021, the Fifth Circuit granted a stay of the injunction pending a decision on appeal. 

The Fifth Circuit vacated the district court's judgement and ordered the case to be dismissed on July 25, 2022. An opinion was later issued on August 16, 2022. The case was heard by Circuit Judges Andrew S. Oldham, Don Willett, and W. Eugene Davis. In an opinion written by Circuit Judge Oldham, the Fifth Circuit held that the district court lacked subject-matter jurisdiction because plaintiffs lacked standing. The Fifth Circuit found that an increased risk of contracting Covid-19 failed to create an actual or imminent injury sufficient to meet the requirements of Article III standing. Plaintiffs failed to meet the traceability prong as well because there would be no way of tracing their injuries back to GA-38 because plaintiffs did not substantiate their claims of increased risks or have a way to attribute contracting Covid-19 to the absence of mask mandates. The Fifth Circuit also held that plaintiffs' claims were not redressable because they had filed suit against the state government rather than the individual school districts responsible for either instituting or refusing to institute a mask mandate. Circuit Judge W. Eugene Davis filed a dissent, arguing that the district court had properly adjudicated the case. 

This case is closed.

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60189987/parties/et-v-morath/


Judge(s)
Attorney for Plaintiff

Coberly, Linda T. (Texas)

Duke, Brandon W. (Texas)

Attorney for Defendant

Dickerson, Todd A. (Texas)

Expert/Monitor/Master/Other

Atwood, Roy T. (Texas)

Dubner, Jeffrey B. (Texas)

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Documents in the Clearinghouse

Document
1

1:21-cv-00717

Complaint

Aug. 17, 2021

Aug. 17, 2021

Complaint
7

1:21-cv-00717

Plaintiffs’ Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Aug. 18, 2021

Aug. 18, 2021

Pleading / Motion / Brief
27

1:21-cv-00717

Plaintiffs’ Supplemental Brief in Support of their Motion for Temporary Restraining Order

Sept. 8, 2021

Sept. 8, 2021

Pleading / Motion / Brief
38

1:21-cv-00717

Order

Sept. 15, 2021

Sept. 15, 2021

Order/Opinion
45

1:21-cv-00717

Second Amended Complaint

E.T. v. Morath

Sept. 29, 2021

Sept. 29, 2021

Complaint
56

1:21-cv-00717

Plaintiffs' Trial Brief

E.T. v. Morath

Sept. 29, 2021

Sept. 29, 2021

Pleading / Motion / Brief
82

1:21-cv-00717

Memorandum Opinion Incorporating Findings of Fact and Conclusions of Law and Order on Motion to Dimiss

Nov. 10, 2021

Nov. 10, 2021

Order/Opinion
83

1:21-cv-00717

Permanent Injunction and Final Judgment

E.T. v. Morath

Nov. 10, 2021

Nov. 10, 2021

Order/Opinion
88

1:21-cv-00717

Plaintiffs' Response to Defendant's Motion to Stay

E.T. v. Morath

Nov. 16, 2021

Nov. 16, 2021

Pleading / Motion / Brief
00516113523

1:21-cv-00717

21-51083

USCA Opinion

E.T. v. Paxton

U.S. Court of Appeals for the Fifth Circuit

Dec. 1, 2021

Dec. 1, 2021

Order/Opinion

19 F.4th 19

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60189987/et-v-morath/

Last updated Feb. 25, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

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

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2 Exhibit A

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3 Exhibit B

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Aug. 17, 2021

Aug. 17, 2021

Clearinghouse

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)

Aug. 17, 2021

Aug. 17, 2021

PACER

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

Aug. 17, 2021

Aug. 17, 2021

PACER
2

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

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Aug. 18, 2021

Aug. 18, 2021

PACER
3

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)

Aug. 18, 2021

Aug. 18, 2021

PACER
4

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)

Aug. 18, 2021

Aug. 18, 2021

PACER
5

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

Aug. 18, 2021

Aug. 18, 2021

PACER
6

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)

Aug. 18, 2021

Aug. 18, 2021

PACER
7

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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Proposed Order

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Aug. 18, 2021

Aug. 18, 2021

Clearinghouse

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

Aug. 18, 2021

Aug. 18, 2021

PACER

Case Assigned/Reassigned

Aug. 18, 2021

Aug. 18, 2021

PACER

To be Referred to AU Mag Judge

Aug. 18, 2021

Aug. 18, 2021

PACER

Summons Issued

Aug. 18, 2021

Aug. 18, 2021

PACER
8

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)

Aug. 19, 2021

Aug. 19, 2021

PACER

Notice of Correction

Aug. 19, 2021

Aug. 19, 2021

PACER
9

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)

Aug. 20, 2021

Aug. 20, 2021

PACER
10

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)

Aug. 23, 2021

Aug. 23, 2021

PACER
11

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)

Aug. 23, 2021

Aug. 23, 2021

PACER
12

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)

Aug. 23, 2021

Aug. 23, 2021

PACER
13

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)

Aug. 23, 2021

Aug. 23, 2021

RECAP
14

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)

Aug. 25, 2021

Aug. 25, 2021

RECAP
15

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)

Aug. 25, 2021

Aug. 25, 2021

PACER
16

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)

Aug. 26, 2021

Aug. 26, 2021

PACER
17

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)

Aug. 26, 2021

Aug. 26, 2021

RECAP
18

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)

Aug. 27, 2021

Aug. 27, 2021

PACER
19

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)

Aug. 27, 2021

Aug. 27, 2021

RECAP
20

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)

Aug. 30, 2021

Aug. 30, 2021

PACER
21

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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Sept. 1, 2021

Sept. 1, 2021

PACER
22

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)

Sept. 1, 2021

Sept. 1, 2021

PACER
23

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

Sept. 3, 2021

Sept. 3, 2021

RECAP
24

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

Sept. 3, 2021

Sept. 3, 2021

PACER
25

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)

Sept. 6, 2021

Sept. 6, 2021

PACER
26

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)

Sept. 7, 2021

Sept. 7, 2021

PACER
27

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

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2 Exhibit B

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3 Proposed Order

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Sept. 8, 2021

Sept. 8, 2021

Clearinghouse
28

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

Sept. 8, 2021

Sept. 8, 2021

PACER
29

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)

Sept. 9, 2021

Sept. 9, 2021

PACER
30

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)

Sept. 9, 2021

Sept. 9, 2021

RECAP
31

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)

Sept. 10, 2021

Sept. 10, 2021

PACER
32

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)

Sept. 13, 2021

Sept. 13, 2021

PACER
33

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)

Sept. 13, 2021

Sept. 13, 2021

PACER
34

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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit Agahazadian Declaration

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Sept. 13, 2021

Sept. 13, 2021

PACER
35

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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit Agahazadian Declaration

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7 Proposed Order Denying Plaintiffs' Motion for Temporary Restraining Order

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Sept. 13, 2021

Sept. 13, 2021

PACER
36

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

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2 Exhibit 2

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3 Exhibit 3

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4 Revised Proposed TRO

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Sept. 14, 2021

Sept. 14, 2021

PACER
37

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)

Sept. 15, 2021

Sept. 15, 2021

PACER
38

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

Sept. 15, 2021

Sept. 15, 2021

Clearinghouse
39

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)

Sept. 16, 2021

Sept. 16, 2021

PACER
40

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)

Sept. 16, 2021

Sept. 16, 2021

PACER
41

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)

Sept. 16, 2021

Sept. 16, 2021

PACER
42

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)

Sept. 20, 2021

Sept. 20, 2021

PACER
43

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)

Sept. 23, 2021

Sept. 23, 2021

PACER
44

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)

Sept. 29, 2021

Sept. 29, 2021

PACER
45

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)

Sept. 29, 2021

Sept. 29, 2021

Clearinghouse
46

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)

Sept. 29, 2021

Sept. 29, 2021

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)

Sept. 29, 2021

Sept. 29, 2021

PACER
47

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

Sept. 29, 2021

Sept. 29, 2021

RECAP
48

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

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2 Exhibit Exhibits 11-20

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3 Exhibit Exhibits 21-28

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Sept. 29, 2021

Sept. 29, 2021

PACER
49

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

Sept. 29, 2021

Sept. 29, 2021

RECAP
50

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

Sept. 29, 2021

Sept. 29, 2021

RECAP
51

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)

Sept. 29, 2021

Sept. 29, 2021

PACER
52

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)

Sept. 29, 2021

Sept. 29, 2021

PACER
53

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)

Sept. 29, 2021

Sept. 29, 2021

PACER
54

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

Sept. 29, 2021

Sept. 29, 2021

PACER
55

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)

Sept. 29, 2021

Sept. 29, 2021

PACER
56

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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 10

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9 Exhibit 12

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10 Exhibit 13

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11 Exhibit 14

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12 Exhibit 15

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13 Exhibit 16

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14 Exhibit 17

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15 Exhibit 18

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16 Exhibit 20

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17 Exhibit 21

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18 Exhibit 22

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19 Exhibit 27

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20 Exhibit 28

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21 Exhibit 29

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22 Exhibit 32

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23 Exhibit 33

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24 Exhibit 34

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25 Exhibit 36

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26 Exhibit 37

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27 Exhibit 38

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28 Exhibit 56

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29 Exhibit 65

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30 Exhibit 84

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31 Exhibit 86

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32 Exhibit 87

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33 Exhibit 88

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34 Exhibit 91

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35 Exhibit 92

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36 Exhibit 94

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37 Exhibit 96

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38 Exhibit 98

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39 Exhibit 100

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40 Exhibit 101

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41 Exhibit 102

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42 Exhibit 103

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43 Exhibit 107

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44 Exhibit 111

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45 Exhibit 112

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46 Exhibit 115

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47 Exhibit 118

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48 Exhibit 120

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49 Exhibit 125

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50 Exhibit 138

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51 Exhibit 142

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52 Exhibit 143

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53 Exhibit 145

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54 Exhibit 147

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55 Exhibit 159

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56 Exhibit 160

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57 Exhibit 161

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58 Exhibit 162

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59 Exhibit 163

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60 Exhibit 164

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61 Exhibit 166

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62 Exhibit 167

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63 Exhibit 195

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64 Exhibit 220

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65 Exhibit 221

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66 Exhibit 222

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67 Exhibit 223

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68 Exhibit 224

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69 Exhibit 225

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70 Exhibit 226

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71 Exhibit 227

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72 Exhibit 228

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73 Exhibit 229

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74 Exhibit 230

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75 Exhibit 339

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76 Exhibit 340

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77 Exhibit 342

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78 Exhibit 343

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79 Exhibit 344

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80 Exhibit 345

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81 Exhibit 346

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82 Exhibit 347

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83 Exhibit 348

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84 Exhibit 349

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85 Exhibit 350

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86 Exhibit 351

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87 Exhibit 352

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Sept. 29, 2021

Sept. 29, 2021

Clearinghouse

Notice of Correction

Sept. 29, 2021

Sept. 29, 2021

PACER
57

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)

Sept. 30, 2021

Sept. 30, 2021

PACER
58

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)

Sept. 30, 2021

Sept. 30, 2021

PACER
59

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)

Sept. 30, 2021

Sept. 30, 2021

PACER
60

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)

Sept. 30, 2021

Sept. 30, 2021

PACER
61

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

Oct. 4, 2021

Oct. 4, 2021

PACER
62

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

Oct. 4, 2021

Oct. 4, 2021

PACER
63

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

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2 Exhibit 3

View on PACER

Oct. 4, 2021

Oct. 4, 2021

PACER
64

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)

Oct. 4, 2021

Oct. 4, 2021

PACER
65

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

Oct. 4, 2021

Oct. 4, 2021

RECAP
66

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)

Oct. 4, 2021

Oct. 4, 2021

PACER
67

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)

Oct. 4, 2021

Oct. 4, 2021

PACER
68

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)

Oct. 4, 2021

Oct. 4, 2021

RECAP
69

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)

Oct. 5, 2021

Oct. 5, 2021

PACER
70

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)

Oct. 5, 2021

Oct. 5, 2021

PACER
71

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

Oct. 5, 2021

Oct. 5, 2021

RECAP
72

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)

Oct. 5, 2021

Oct. 5, 2021

RECAP
73

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)

Oct. 5, 2021

Oct. 5, 2021

PACER
74

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

Oct. 5, 2021

Oct. 5, 2021

PACER
75

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)

Oct. 5, 2021

Oct. 5, 2021

PACER
76

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)

Oct. 5, 2021

Oct. 5, 2021

PACER
77

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)

Oct. 6, 2021

Oct. 6, 2021

PACER
78

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

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15 Pla Ex 11 Part 5 of 7

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Oct. 6, 2021

Oct. 6, 2021

PACER
79

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)

Oct. 6, 2021

Oct. 6, 2021

PACER
80

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)

Oct. 7, 2021

Oct. 7, 2021

RECAP
81

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)

Oct. 21, 2021

Oct. 21, 2021

PACER
82

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)

Nov. 10, 2021

Nov. 10, 2021

Clearinghouse
83

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

Nov. 10, 2021

Nov. 10, 2021

Clearinghouse
84

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

Nov. 11, 2021

Nov. 11, 2021

RECAP
85

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

1 Proposed Order

View on PACER

Nov. 11, 2021

Nov. 11, 2021

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)

Nov. 11, 2021

Nov. 11, 2021

PACER
86

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)

Nov. 12, 2021

Nov. 12, 2021

RECAP

Notice of Appeal

Nov. 12, 2021

Nov. 12, 2021

PACER
87

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)

Nov. 15, 2021

Nov. 15, 2021

RECAP
88

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

Nov. 16, 2021

Nov. 16, 2021

Clearinghouse
89

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)

Nov. 17, 2021

Nov. 17, 2021

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Aug. 17, 2021

Closing Date: Aug. 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals under the age of 12 with disabilities that led to higher risks from contracting Covid-19.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor Greg Abbott, State

Texas Education Agency, State

State of Texas, State

Defendant Type(s):

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

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Reasonable Accommodation

Preliminary relief request withdrawn/mooted

Issues

General:

Education

Disability and Disability Rights:

disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

COVID-19:

Population-Medically vulnerable

Type of Facility:

Government-run