Eknes-Tucker v. State of Alabama

Eknes-Tucker v. State of Alabama

U. S. Court of Appeals for the Eleventh Circuit

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere (Filing fee $ 402.00 receipt number 4602066590.), filed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt) (wcl, ) (Entered: 04/20/2022)

1 Civil Cover Sheet

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2 Receipt

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Summons Issued as to Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere and returned to counsel for personal service by process server. (wcl, ) (Entered: 04/20/2022)

ORDER: The Honorable Liles C. Burke, United States District Judge for the Northern District of Alabama, was previously assigned two cases substantially similar to the above-captioned case, both of which were voluntarily dismissed on April 15, 2022. By order of the Chief Judge of the United States Court of Appeals for the Eleventh Circuit, all United States District Judges in the State of Alabama may preside over cases in any of the State's three federal judicial districts. In accordance with that order, and by the authority of the Court to manage the district court docket, promote the orderly and expeditious disposition of cases, and reassign a case to a judge who presided over a prior-related case, this case is REASSIGNED to Judge Burke. Judge Burke shall sit by designation and preside over this case in the United States District Court for the Middle District of Alabama. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/20/2022. (wcl, ) (Entered: 04/20/2022)

Case Reassigned to Honorable Judge Liles C. Burke as presiding judge; Honorable Judge R. Austin Huffaker, Jr no longer assigned to the case. (wcl, ) (Entered: 04/20/2022)

ORDER setting Status Conference for Friday, 4/22/2022, at 10:00 AM CDT in Courtroom 2F before Honorable Judge Liles C. Burke; Local counsel for Plaintiffs shall electronically serve a copy of this order on all non-local counsel for Plaintiffs and on all counsel for Defendants. Signed by Honorable Judge Liles C. Burke on 4/20/2022. (furn: calendar, dh) (wcl, ) (Entered: 04/20/2022)

MOTION for Leave to File (Motion for Leave to Proceed Pseudonymously) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) (Entered: 04/20/2022)

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: # 1 Text of Proposed Order - Temporary Restraining Order, # 2 Text of Proposed Order - Preliminary Injunction)(Eagan, Melody) (Entered: 04/21/2022)

1 Text of Proposed Order - Temporary Restraining Order

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2 Text of Proposed Order - Preliminary Injunction

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BRIEF/MEMORANDUM in Support re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: # 1 Exhibit 1 - Hawkins Declaration, # 2 Exhibit 2 - Ladinsky Declaration, # 3 Exhibit 3 - Rosenthal Declaration, # 4 Exhibit 4 - Eknes-Tucker Declaration, # 5 Exhibit 5 - Boe Declaration, # 6 Exhibit 6 - Zoe Declaration, # 7 Exhibit 7 - Poe Declaration, # 8 Exhibit 8 - Noe Declaration, # 9 Exhibit 9 - Moe Declaration, # 10 Exhibit 10 - Koe Declaration)(Eagan, Melody) (Entered: 04/21/2022)

1 Exhibit 1 - Hawkins Declaration

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2 Exhibit 2 - Ladinsky Declaration

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3 Exhibit 3 - Rosenthal Declaration

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4 Exhibit 4 - Eknes-Tucker Declaration

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5 Exhibit 5 - Boe Declaration

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6 Exhibit 6 - Zoe Declaration

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7 Exhibit 7 - Poe Declaration

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8 Exhibit 8 - Noe Declaration

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9 Exhibit 9 - Moe Declaration

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10 Exhibit 10 - Koe Declaration

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Alias Summons issued as to Daryl D. Bailey and returned to Counsel for service via Process Server. (cwl, ) (Entered: 04/21/2022)

NOTICE of Appearance by Edmund Gerard LaCour, Jr on behalf of Kay Ivey, Steve Marshall (LaCour, Edmund) (Entered: 04/21/2022)

NOTICE of Appearance by Thomas Alexander Wilson on behalf of Kay Ivey, Steve Marshall (Wilson, Thomas) (Entered: 04/21/2022)

NOTICE of Appearance by Alexander Barrett Bowdre on behalf of Kay Ivey, Steve Marshall (Bowdre, Alexander) (Entered: 04/21/2022)

SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Danny Carr served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022)

NOTICE of Appearance by Benjamin Matthew Seiss on behalf of Kay Ivey, Steve Marshall (Seiss, Benjamin) (Main Document 14 replaced on 4/21/2022 to attach the correct main PDF document to correct the style of the case) (cwl, ). (Entered: 04/21/2022)

NOTICE of Correction re 14 Notice of Appearance, to attach the correct main PDF document to correct the style of the case. (Attachments: # 1 Correct Main doc entry 14 )(cwl, ) (Entered: 04/21/2022)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Corporate Disclosures due by 5/2/2022. (Attachments: # 1 Conflict Statement Standing Order & Sample Format)(cwl, ) (Entered: 04/21/2022)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Steve Marshall & Kay Ivey. Corporate Disclosures due by 5/2/2022. (Attachments: # 1 Conflict Statement Standing Order & Sample Format)(cwl, ) (Entered: 04/21/2022)

NOTICE of Appearance by James William Davis on behalf of All Defendants (Davis, James) (Entered: 04/21/2022)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Danny Carr, Tom Anderson, Jessica Ventiere, C. Wilson Baylock & Daryl D. Bailey. Corporate Disclosures due by 5/2/2022. (Attachments: # 1 Conflict Statement Standing Order & Sample Format)(cwl, ) (Entered: 04/21/2022)

ANSWER to 1 Complaint, by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere.(Davis, James) (Entered: 04/21/2022)

Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Tom Anderson. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022)

Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Daryl D. Bailey. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022)

Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by C. Wilson Baylock. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022)

Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Danny Carr. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022)

Corporate/Conflict Disclosure Statement re 17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Kay Ivey. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022)

Corporate/Conflict Disclosure Statement re 17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Steve Marshall. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022)

Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Jessica Ventiere. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022)

SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Daryl D. Bailey served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022)

SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Tom Anderson served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022)

SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Jessica Ventiere served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022)

SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Steve Marshall served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022)

SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Kay Ivey served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022)

Add and Terminate Attorneys

***PURSUANT TO THE 20 ANSWER - Attorney Edmund Gerard LaCour, Jr, Alexander Barrett Bowdre, Benjamin Matthew Seiss for Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Jessica Ventiere added. (NO pdf attached to this entry) (cwl, )

Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Status Conference held on 4/22/2022 (PDF available for court use only). (Court Reporter Christina Decker w/ND AL.) (dh) (Entered: 04/22/2022)

ORDER Setting Hearing on Motion: Evidentiary Hearing on Plfs' 7 motion for a temporary restraining order and/or a preliminary injunction is set for Thursday, 5/5/2022, at 9:00 a.m. CDT in Courtroom 2F before Honorable Judge Liles C. Burke; The hearing is scheduled to last no longer than two days with the time allotted strictly as represented by the parties during today's status conference; Forty-eight hours before the hearing begins, the parties shall file their proposed exhibits and a list of expected witnesses; On or before 4/27/2022, Dfts shall file a response to Plfs' 6 motion to proceed pseudonymously; Plfs' reply is due thirty-six hours after Dfts file their response; On or before 5/2/2022, Dfts shall file a response to Plfs' 7 motion for a temporary restraining order and/or a preliminary injunction; Plfs' reply is due thirty-six hours after Dfts file their response. Signed by Honorable Judge Liles C. Burke on 4/22/2022. (furn: calendar, dh) (wcl, ) (Entered: 04/22/2022)

Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Paul A. Eknes-Tucker. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 35 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022)

Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Rachel Koe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 36 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022)

Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Jane Moe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 37 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022)

Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Kathy Noe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 38 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022)

Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Megan Poe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 39 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022)

Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Brianna Boe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 40 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022)

Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 41 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022)

Motion for Michael B. Shortnacy to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210502.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify that exhibit A is contained within the main PDF document (cwl, ). (Entered: 04/26/2022)

Motion for Brent P. Ray to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210505.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify that exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Abigail Hoverman Terry to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210507.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify that exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Misty L. Peterson to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210508.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Gilbert Olusegun Oladeinbo to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number CALMDC-3210509.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Adam Reinke to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210527.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify exhibit A is contain within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Asaf Orr to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210529.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Jessica Lynn Stone to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210531.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Jennifer L. Levi to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210536.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Cynthia Cheng-Wun Weaver to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210537.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify exhibit A is contained within the main PDF(cwl, ). (Entered: 04/26/2022)

Motion for Scott D. McCoy to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210538.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney's name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

Motion for Sarah Warbelow to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210892.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/27/2022 to add attorney's name to text & to clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022)

RESPONSE in Partial Opposition to Motion re 6 MOTION for Leave to File (Motion for Leave to Proceed Pseudonymously) filed by Kay Ivey, Steve Marshall, Danny Carr, Tom Anderson, Jessica Ventiere, C. Wilson Baylock, Daryl D. Bailey, . (LaCour, Edmund) Modified on 4/27/2022 to clarify text (cwl, ). Modified on 4/27/2022 to add additional defs as filers (cwl, ). (Entered: 04/27/2022)

NOTICE of Appearance by Thomas Alexander Wilson on behalf of Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Jessica Ventiere (Wilson, Thomas) (Entered: 04/27/2022)

Motion for Christopher E. Mills to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3212297.) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Certificate of Good Standing)(LaCour, Edmund) Modified on 4/28/2022 to add attorney's name to text (cwl, ). (Entered: 04/28/2022)

REPLY to Response to Motion re 6 MOTION for Leave to File (Motion for Leave to Proceed Pseudonymously) filed by Brianna Boe, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe, Paul A. Eknes-Tucker. (Attachments: # 1 Exhibit A - Supplemental Declaration of Rachel Koe, MD)(Eagan, Melody) Modified on 4/29/2022 to add additional PLF as filer (cwl, ). (Entered: 04/28/2022)

***PURSUANT TO THE 56 MOTION - Attorney Christopher Ernest Mills for Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere added. (NO pdf attached to this entry) (cwl, )

Add and Terminate Attorneys

MOTION to Intervene by United States of America. (Attachments: # 1 Memorandum of Law, # 2 Exhibit Attorney Generals Certification, # 3 Exhibit Complaint in Intervention)(Cheek, Jason) (Entered: 04/29/2022)

1 Memorandum of Law

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2 Exhibit Attorney Generals Certification

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3 Exhibit Complaint in Intervention

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Corporate/Conflict Disclosure Statement by United States of America. (Cheek, Jason) (Entered: 04/29/2022)

MOTION for Leave to File Excess Pages (for Forthcoming Motion for a Temporary Restraining Order and a Preliminary Injunction) by United States of America. (Cheek, Jason) (Entered: 04/29/2022)

TEXT ORDER: If any party has opposition to either the Government's 58 motion to intervene or 60 motion for leave to file excess pages, they shall file a response no later than 5/2/2022, at 12:00 p.m. CDT. Signed by Honorable Judge Liles C. Burke on 4/29/2022. (No pdf attached to this entry) (wcl, ) (Entered: 04/29/2022)

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by United States of America. (Attachments: # 1 Memorandum of Law, # 2 Antommaria Declaration)(Cheek, Jason) (Entered: 04/29/2022)

1 Memorandum of Law

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2 Antommaria Declaration

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***PURSUANT TO THE 58 MOTION - Attorney Sandra Jean Stewart, Lane H. Woodke, Stephen D Wadsworth, Alyssa C. Lareau, Renee Williams, Kaitlin Toyama for United States of America added. (No pdf attached to this entry) (cwl, )

MEMORANDUM in Support re 62 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by United States of America. (No pdf attached to this entry - see doc 62 for pdf) (cwl, )

***PURSUANT TO THE 58 MOTION - Attorney Elizabeth Prim Formby Escalona, John Michael Powers, Coty Rae Montag for United States of America added. (No pdf attached to this entry) (cwl, )

BRIEF/MEMORANDUM in Support

Add and Terminate Attorneys

Order

RESPONSE in Partial Opposition to Motion re 60 MOTION for Leave to File Excess Pages (for Forthcoming Motion for a Temporary Restraining Order and a Preliminary Injunction), 58 MOTION to Intervene filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Harris Declaration)(LaCour, Edmund) Modified on 5/2/2022 to clarify text (cwl, ). (Entered: 05/02/2022)

1 Exhibit Harris Declaration

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RESPONSE to Motion re 58 MOTION to Intervene (PLAINTIFFS' RESPONSE TO THE UNITED STATES MOTION TO INTERVENE AND DEFENDANTS' RESPONSE filed by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) (Entered: 05/02/2022)

REPLY to Response to Motion re 60 MOTION for Leave to File Excess Pages (for Forthcoming Motion for a Temporary Restraining Order and a Preliminary Injunction), 58 MOTION to Intervene filed by United States of America. (Cheek, Jason) (Entered: 05/02/2022)

NOTICE of Appearance by Lane Hines Woodke on behalf of United States of America (Woodke, Lane) (Entered: 05/02/2022)

NOTICE of Appearance by Coty Rae Montag on behalf of United States of America (Montag, Coty) (Entered: 05/02/2022)

NOTICE of Appearance by John Michael Powers on behalf of United States of America (Powers, John) (Entered: 05/02/2022)

NOTICE of Filing of Evidence in Opposition to Plaintiffs' Motion for Preliminary Injunction by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40)(Davis, James) Modified on 5/3/2022 to clarify text (cwl, ). (Entered: 05/02/2022)

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Motion for Michael A. Cantrell to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3214501.) by State of Arkansas, State of Alaska, State of Arizona, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia . (Wilkerson, Mark) Modified on 5/3/2022 to add attorney's name to text & clarify exhibit A is contained within the main PDF (cwl, ). Modified on 5/3/2022 to add additional filers (cwl, ). (Entered: 05/02/2022)

First MOTION for Leave to File Amici Brief by State of Arkansas, State of Alaska, State of Arizona, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of West Virginia . (Wilkerson, Mark) Modified on 5/3/2022 to add additional filers (cwl, ). (Entered: 05/02/2022)

BRIEF/MEMORANDUM in Support re 71 First MOTION for Leave to File Amici Brief filed by State of Arkansas, State of Alaska, State of Arizona, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of West Virginia . (Wilkerson, Mark) Modified on 5/3/2022 to add additional filers (cwl, ). (Entered: 05/02/2022)

Corporate/Conflict Disclosure Statement by State of Arkansas, State of Alaska, State of Arizona, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of West Virginia . (Wilkerson, Mark) Modified on 5/3/2022 to remove erroneous link (cwl, ). Modified on 5/3/2022 to add additional filers (cwl, ). (Entered: 05/02/2022)

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 05/02/2022)

ORDER: A hearing on the United States's 58 motion to intervene is set for Wednesday, 5/4/2022, at 1:15 p.m. CDT; The hearing will occur in Courtroom 2F of the Frank M. Johnson, Jr., United States Courthouse Complex; Since the State of Alabama has no opposition to the United States's 60 motion to file excess pages, the Court will grant that motion should the Court grant the United States's motion to intervene. Signed by Honorable Judge Liles C. Burke on 5/2/2022. (Furnished: Calendar & All CRDs)(amf, ) (Entered: 05/02/2022)

ORDER: the Court ORDERS as follows: 1. Court guests, including the press and non-participants, are prohibited from possessing and using any electronic devices in Courtroom 2F during the upcoming hearings in this case; The attorneys and members of their respective staffs may possess and use electronic or photographic technology in Courtroom 2F for the sole purpose of presenting evidence; 2. Members of the press and media shall be allowed to possess cellular phones, laptop computers, and/or tablets in Courtroom 2E and the media lounge provided that these electronic devices shall be allowed: (1) for the purposes of taking notes, personal communication unrelated to the proceedings, and accessing information only; and (2) on the condition that no photographs, audio or video recording, or live broadcasting, including digitally sharing, posting, or microblogging via a social or other media site, be conducted in the courthouse; All devices shall be registered with court security upon entry into the building; All are reminded of the prohibitions regarding photographing, recording, and/or broadcasting court proceedings, as further set out in order. Signed by Honorable Judge Liles C. Burke on 5/2/2022. (amf, ) (Entered: 05/02/2022)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 4/22/2022, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (cwl, ) (Entered: 05/12/2022)

Exhibit List by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (No pdf attached to this entry - see doc 69 for pdf) (cwl, )

Exhibit List

Witness List by Kay Ivey, Steve Marshall, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Tom Anderson, Jessica Ventiere. (Davis, James) Modified on 5/3/2022 to add additional filers left off by e-filer (cwl, ). (Entered: 05/03/2022)

Exhibit List by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe.. (Attachments: # 1 Exhibit 1 Boe, Brianna, # 2 Exhibit 2. Eknes-Ticker, Paul, # 3 Exhibit 3. Hawkins, Linda, # 4 Exhibit 4. Koe, Rachel, # 5 Exhibit 5. Koe, Rachel Supp, # 6 Exhibit 6. Ladinsky, Morissa, # 7 Exhibit 7. Ladinsky CV 11 1 21, # 8 Exhibit 8. Moe, Jane, # 9 Exhibit 9. Noe, Kathy, # 10 Exhibit 10. Poe, Megan, # 11 Exhibit 11. Rosenthal, Stephen, # 12 Exhibit 12. Zoe, James, # 13 Exhibit 13. A. Declaration, # 14 Exhibit 14. E. Guidelines, # 15 Exhibit 15. AACAP Statement, # 16 Exhibit 16. E. Society 2020 Statement, # 17 Exhibit 17. WPATH, # 18 Exhibit 18. USPATH, # 19 Exhibit 19. Yale Report, # 20 Exhibit 20. ACP, # 21 Exhibit 21. AMA, # 22 Exhibit 22. Amer Academy Peds, # 23 Exhibit 23. APA Position Statement, # 24 Exhibit 24. Endocrine Ped Statement, # 25 Exhibit 25. Trans Youth Fact Sheet, # 26 Exhibit 26. WPATH Joint Statement, # 27 Exhibit 27. Joint Statement, # 28 Exhibit 28. Statement re AL Law, # 29 Exhibit 29. TURBAN, # 30 Exhibit 30. Am Academy Peds, # 31 Exhibit 31. Ala Psych, # 32 Exhibit 32. Am Academy Peds, # 33 Exhibit 33. De VRIES, # 34 Exhibit 34. COSTA Support, # 35 Exhibit 35. DELARA, # 36 Exhibit 36. TURBAN, # 37 Exhibit 37. TURBAN, # 38 Exhibit 38. Judgment, # 39 Exhibit 39. AB v CV, # 40 Exhibit 40. Photos Under Seal, # 41 Exhibit 41. UAB Consent Form, # 42 Exhibit 42. ACHILLE, # 43 Exhibit 43. TORDOFF, # 44 Exhibit 44. Allen)(Eagan, Melody) (Entered: 05/03/2022)

Witness List by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) (Entered: 05/03/2022)

Exhibit List and Witness List by United States of America.. (Attachments: # 1 Exhibit Diagnostic & Statistical Manual of Mental Disorders, # 2 Exhibit American Academy of Pediatrics 2018 Policy Statement, # 3 Exhibit Endocrine Society Clinical Practice Guideline, # 4 Exhibit WPATH Standards of Care, # 5 Exhibit Alabama Psychological Association Statement, # 6 Exhibit American Academy of Pediatrics 2022 Statement, # 7 Exhibit Antommaria Decl., # 8 Exhibit Antommaria Bibliography, # 9 Exhibit Antommaria Curriculum Vitae, # 10 Exhibit FDA Article, # 11 Exhibit Article: Biased Science, # 12 Exhibit ABC News Article)(Cheek, Jason) (Entered: 05/03/2022)

1 Exhibit Diagnostic & Statistical Manual of Mental Disorders

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2 Exhibit American Academy of Pediatrics 2018 Policy Statement

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3 Exhibit Endocrine Society Clinical Practice Guideline

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4 Exhibit WPATH Standards of Care

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5 Exhibit Alabama Psychological Association Statement

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6 Exhibit American Academy of Pediatrics 2022 Statement

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7 Exhibit Antommaria Decl.

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8 Exhibit Antommaria Bibliography

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9 Exhibit Antommaria Curriculum Vitae

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10 Exhibit FDA Article

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11 Exhibit Article: Biased Science

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12 Exhibit ABC News Article

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Supplemental Exhibit List by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit D41)(Davis, James) Modified on 5/3/2022 to clean up text (cwl, ). (Additional attachment(s) added on 5/3/2022: # 2 Corrected Certificate of Service) (cwl, ). (Entered: 05/03/2022)

TEXT ORDER: granting 42 Motion for Michael B. Shortnacy to Appear Pro Hac Vice; granting 43 Motion for Brent P. Ray to Appear Pro Hac Vice; granting 44 Motion for Abigail Hoverman Terry to Appear Pro Hac Vice; granting 45 Motion for Misty L. Peterson to Appear Pro Hac Vice; granting 46 Motion for Gilbert Olusegun Oladeinbo to Appear Pro Hac Vice; granting 47 Motion for Adam Reinke to Appear Pro Hac Vice; granting 48 Motion for Asaf Orr to Appear Pro Hac Vice; granting 49 Motion for Jessica Lynn Stone to Appear Pro Hac Vice; granting 50 Motion for Jennifer L. Levi to Appear Pro Hac Vice; granting 51 Motion for Cynthia Cheng-Wun Weaver to Appear Pro Hac Vice; granting 52 Motion for Scott D. McCoy to Appear Pro Hac Vice; granting 53 Motion for Sarah Warbelow to Appear Pro Hac Vice; granting 56 Motion for Christopher E. Mills to Appear Pro Hac Vice; granting 70 Motion for Michael A. Cantrell to Appear Pro Hac Vice. Signed by Honorable Judge Liles C. Burke on 5/3/2022. (NO pdf attached to this entry) (cwl, ) (Entered: 05/03/2022)

ORDER: the Plaintiffs' Motion for Leave to Proceed Pseudonymously (Doc. 6 ) is GRANTED. The Plaintiffs identified as Brianna Boe, Michael Boe, James Zoe, Zachary Zoe, Megan Poe, Allison Poe, Kathy Noe, Christopher Noe, and Rachel Koe, M.D. may proceed under pseudonyms. Signed by Honorable Judge Liles C. Burke on 5/3/2022. (cwl, ) (Entered: 05/03/2022)

Unopposed MOTION for Leave to File Exhibit Under Seal re 78 Exhibit List by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: # 1 Text of Proposed Order Proposed Order)(Eagan, Melody) Modified on 5/3/2022 to add link & clean up text (cwl, ). (Entered: 05/03/2022)

1 Text of Proposed Order Proposed Order

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Joint MOTION to Dismiss Defendant Kay Ivey by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe, Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (Eagan, Melody) Modified on 5/3/2022 to add defs as filers (cwl, ). (Entered: 05/03/2022)

NOTICE of Appearance by Alyssa C. Lareau on behalf of United States of America (Lareau, Alyssa) (Entered: 05/03/2022)

NOTICE of Filing Correct Defense Exhibit 41 re 81 Supplemental Exhibit List by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere (Attachments: # 1 Exhibit)(Davis, James) Modified on 5/4/2022 to clean up text & to add link (cwl, ). (Entered: 05/03/2022)

1 Exhibit

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