COMPLAINT for Declaratory and Injunctive Relief / Notice to Challenge to Constitutionality of Indiana Statute against All Defendants, filed by A.M.. (Filing fee $402, receipt number AINSDC-7117656) (Attachments: # 1 Cover Letter, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 05/24/2022)

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff A.M.. (Falk, Kenneth) (Entered: 05/24/2022)

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff A.M.. (Rose, Gavin) (Entered: 05/24/2022)

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff A.M.. (Pactor, Stevie) (Entered: 05/25/2022)

NOTICE of Constitutional Question, filed by Plaintiff A.M. (Attachments: # 1 Text of Proposed Order) (Falk, Kenneth) Modified on 5/25/2022 (MRI). (Entered: 05/25/2022)

MOTION for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym, filed by Plaintiff A.M.. (Attachments: # 1 Declaration of E.M., # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/25/2022)

BRIEF/MEMORANDUM in Support re 6 MOTION for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym, filed by Plaintiff A.M.. (Falk, Kenneth) (Entered: 05/25/2022)

MOTION for Preliminary Injunction, filed by Plaintiff A.M.. (Attachments: # 1 Exhibit Declaration of Dr. Fortenberry, # 2 Exhibit Declaration of E.M., # 3 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/25/2022)

Summons Issued as to INDIANAPOLIS PUBLIC SCHOOLS and SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (DJH) (Entered: 05/25/2022)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 05/25/2022)

SEALED -Notice of Intention to Seek Leave to Proceed by Pseudonym, filed by Plaintiff A.M.. (Falk, Kenneth) (Entered: 05/25/2022)

PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MRI) (Entered: 05/25/2022)

MOTION to Substitute Declaration of E.M., filed by Plaintiff A.M.. (Attachments: # 1 Exhibit Declaration of E.M., # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/26/2022)

SCHEDULING ORDER: This matter is set for a Telephonic Status Conference set for 5/31/2022 at 1:15 PM (Eastern Time) to discuss a schedule regarding 8 Plaintiff's Motion for Preliminary Injunction. Counsel for Plaintiff is to serve Defendants. The parties shall attend the conference by calling 888-557-8511, Access Code 4695972, Security Code 221075. (See Order.) Signed by Magistrate Judge Doris L. Pryor on 5/26/2022. (GD) (Entered: 05/26/2022)

NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Ricchiuto, Anne) (Entered: 05/27/2022)

NOTICE of Compliance with Local Rule 10-1, filed by Plaintiff A.M. (Falk, Kenneth) (Entered: 05/27/2022)

NOTICE of Appearance by Thomas M. Fisher on behalf of Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 05/31/2022)

MOTION to Intervene, filed by Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 05/31/2022)

NOTICE of Appearance by James A. Barta on behalf of Intervenor STATE OF INDIANA. (Barta, James) (Entered: 05/31/2022)

NOTICE of Appearance by Julia Catherine Payne on behalf of Intervenor STATE OF INDIANA. (Payne, Julia) (Entered: 05/31/2022)

NOTICE of Appearance by Melinda Rebecca Holmes on behalf of Intervenor STATE OF INDIANA. (Holmes, Melinda) (Entered: 05/31/2022)

ORDER - This matter comes before the Court on the Plaintiff's Motion to Substitute Declaration of E.M., Dkt. [ 13 ]. The Court, being duly advised, hereby GRANTS said Motion. The Clerk is directed to enter the corrected declaration (Dkt. 13-1) on the docket and shall link the corrected declaration to Docket 8. Signed by Magistrate Judge Doris L. Pryor on 5/31/2022. (SWM) (Entered: 06/01/2022)

DECLARATION (Corrected) of E.M. re 8 Motion for Preliminary Injunction, filed by A.M. (SWM) (Entered: 06/01/2022)

BRIEF/MEMORANDUM in Support re 8 MOTION for Preliminary Injunction, filed by Plaintiff A.M.. (Falk, Kenneth) (Entered: 06/02/2022)

NOTICE of Compliance with Local Rule 10-1 (Second), filed by Plaintiff A.M. (Falk, Kenneth) (Entered: 06/02/2022)

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel telephonically for an Initial Pre-Trial Conference on May 31, 2022 pursuant to Rule 16 of the Federal Rules of Civil Procedure regarding the Plaintiff's Motion for Preliminary Injunction, Dkt. 8 . The Court established a schedule to prepare this matter for a hearing. **See Entry for additional information.** Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 06/03/2022)

ORDER - The Court, having reviewed the State's motion to intervene, orders that the motion is GRANTED 18 . Signed by Judge Jane Magnus-Stinson on 6/6/2022. (JDC) (Entered: 06/06/2022)

NOTICE of Appearance by Patrick A. Shoulders on behalf of Material Witness IHSAA. (Shoulders, Patrick) (Entered: 06/07/2022)

Appendix of Exhibits in Support of Response in Opposition to Motion re 8 MOTION for Preliminary Injunction, filed by Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Attachments: # 1 Exhibit A - IPS Dep. Exhibit 11, # 2 Exhibit B - IPS Dep. Excerpts, # 3 Exhibit C - IPS Dep. Exhibit 7)(Ricchiuto, Anne) (Entered: 06/17/2022)

NOTICE of Appearance by Michael J. Cork on behalf of Amicus Parties Selina Soule, Madison Kenyon, Cynthia Monteleone, Chelsea Mitchell, Debra Powers. (Cork, Michael) (Entered: 06/17/2022)

MOTION for Leave to File Brief of Amici Curiae in Support of Defendant-Intervenor State of Indiana, filed by Amicus Parties Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers, Selina Soule. (Attachments: # 1 Exhibit Brief of Amici Curiae From Five Female Athletes in Support of Defendant-Intervenor State of Indiana, # 2 Text of Proposed Order)(Cork, Michael) (Entered: 06/17/2022)

MOTION for Attorney(s) Jonathan Scruggs to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7153257), filed by Amicus Parties Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Scruggs, Jonathan) (Entered: 06/17/2022)

MOTION for Attorney(s) Christiana Holcomb to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7153258), filed by Amicus Parties Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Holcomb, Christiana) (Entered: 06/17/2022)

MOTION for Attorney(s) Rachel Csutoros to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7153260), filed by Amicus Parties Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Csutoros, Rachel) (Entered: 06/17/2022)

RESPONSE in Opposition re 8 MOTION for Preliminary Injunction, filed by Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Ricchiuto, Anne) (Entered: 06/17/2022)

RESPONSE in Opposition re 8 MOTION for Preliminary Injunction, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit 1 - Expert Report of William Bock, III, # 2 Exhibit 2 - IHSAA Deposition (John Paul Neidig), # 3 Exhibit 3 - IHSAA Gender Policy, # 4 Exhibit 4 - IPS Deposition (Kim Kennedy and Darren Thomas), # 5 Exhibit 5 - James Fortenberry, M.D., M.S. Deposition, # 6 Exhibit 6 - Declaration of Emma Hilton, PhD, # 7 Exhibit 7 - Declaration of Tommy Lundberg, PhD, # 8 Exhibit 8 - Expert Witness Declaration of Nancy Hogshead-Makar, J.D., # 9 Exhibit 9 - Expert Report of James M. Cantor, PhD)(Fisher, Thomas) (Entered: 06/17/2022)

1 Exhibit 1 - Expert Report of William Bock, III

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2 Exhibit 2 - IHSAA Deposition (John Paul Neidig)

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3 Exhibit 3 - IHSAA Gender Policy

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4 Exhibit 4 - IPS Deposition (Kim Kennedy and Darren Thomas)

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5 Exhibit 5 - James Fortenberry, M.D., M.S. Deposition

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6 Exhibit 6 - Declaration of Emma Hilton, PhD

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7 Exhibit 7 - Declaration of Tommy Lundberg, PhD

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8 Exhibit 8 - Expert Witness Declaration of Nancy Hogshead-Makar, J.D.

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9 Exhibit 9 - Expert Report of James M. Cantor, PhD

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Appendix of Exhibits in Support of Response in Opposition to Motion re 8 MOTION for Preliminary Injunction, filed by Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 06/17/2022)

MOTION to Exclude Opinions of Fortenberry, filed by Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 06/17/2022)

BRIEF/MEMORANDUM in Support re 38 MOTION to Exclude Opinions of Fortenberry, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit 1 - Email from Ken Falk RE Potential Deposition Dates, # 2 Exhibit 2 - James D. Fortenberry Deposition Notice, # 3 Exhibit 3 - James D. Fortenberry Supplemental Declaration)(Fisher, Thomas) (Entered: 06/17/2022)

MOTION to Withdraw Attorney Appearance, filed by Material Witness IHSAA. (Attachments: # 1 Text of Proposed Order Order on Motion to Withdraw Appearance)(Shoulders, Patrick) (Entered: 06/20/2022)

ORDER granting 32 Motion to Appear pro hac vice. Attorney Jonathan Scruggs for Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers and Selina Soule added. Signed by Magistrate Judge Doris L. Pryor on 6/23/2022. (SWM) (Entered: 06/24/2022)

ORDER granting 33 Motion to Appear pro hac vice. Attorney Christiana M. Holcomb for Chelsea Mitchell, Madison Kenyon, Cynthia Monteleone, Debbie Powers, and Selina Soule added. Signed by Magistrate Judge Doris L. Pryor on 6/23/2022. (SWM) (Entered: 06/24/2022)

ORDER granting 34 Motion to Appear pro hac vice. Attorney Rachel Csutoros for Chelsea Mitchell, Madison Kenyon, Cynthia Monteleone, Debbie Powers and Selina Soule added. Signed by Magistrate Judge Doris L. Pryor on 6/23/2022. (SWM) (Entered: 06/24/2022)

ORDER granting 40 Motion to Withdraw Attorney Appearance. Attorney Patrick A. Shoulders withdrawn. The Clerk is directed to terminate IHSAA from the docket. Signed by Magistrate Judge Doris L. Pryor on 6/23/2022. (SWM) (Entered: 06/24/2022)

Unopposed MOTION for Leave to File Answer, filed by Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Attachments: # 1 Exhibit A - Answer to Complaint, # 2 Text of Proposed Order)(Ricchiuto, Anne) (Entered: 06/24/2022)

Unopposed MOTION for Leave to File Answer, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit Exhibit A - Answer to Complaint, # 2 Exhibit Proposed Order)(Fisher, Thomas) (Entered: 06/30/2022)

1 Exhibit Exhibit A - Answer to Complaint

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2 Exhibit Proposed Order

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MOTION to Exclude Expert Testimony, filed by Plaintiff A.M.. (Attachments: # 1 Exhibit 1 (Dep. of J. Cantor) (with exhibits), # 2 Exhibit 2 (Dep. of E. Hilton) (with exhibits), # 3 Exhibit 3 (Dep. of T. Lundberg) (with exhibits), # 4 Exhibit 4 (Tack, et al. study))(Rose, Gavin) (Entered: 06/30/2022)

BRIEF/MEMORANDUM in Support re 47 MOTION to Exclude Expert Testimony, filed by Plaintiff A.M.. (Rose, Gavin) (Entered: 06/30/2022)

RESPONSE in Opposition re 38 MOTION to Exclude Opinions of Fortenberry, filed by Plaintiff A.M.. (Rose, Gavin) (Entered: 06/30/2022)

REPLY in Support of Motion re 8 MOTION for Preliminary Injunction, filed by Plaintiff A.M.. (Attachments: # 1 Exhibit WPATH Standards)(Falk, Kenneth) (Entered: 06/30/2022)

ORDER granting Defendants' 45 Motion for Leave to File Answer. The Clerk is directed to docket Dkt. 45-1 as Defendants' Answer to the Complaint Answer. Signed by Magistrate Judge Doris L. Pryor on 6/30/2022. (SWM) (Entered: 06/30/2022)

ANSWER to 1 Complaint, filed by INDIANAPOLIS PUBLIC SCHOOLS and SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS.(SWM) (Entered: 06/30/2022)

ORDER - E.M., the mother and next friend of the plaintiff in this case, having filed her motion to proceed by a pseudonym and Notice in compliance with Local Rule 10-1, and the Court being duly advised, finds that good cause exists to grant the motion, and, IT IS THEREFORE ORDERED that the Motion for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym is GRANTED 6, and the mother of the plaintiff shall proceed in this case as E.M. and defendants shall not publicly disclose her true name. Signed by Judge Jane Magnus-Stinson on 6/30/2022. (CKM) (Entered: 06/30/2022)

REPLY in Support of Motion re 38 MOTION to Exclude Opinions of Fortenberry, filed by Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 07/07/2022)

ORDER granting 46 Motion for Leave to File Intervenor State of Indiana's Answer. The Intervenor is granted leave to file abelated answer, and the Clerk is directed to docket Dkt. 46-1 as Intervenor'sAnswer to the Complaint. Signed by Magistrate Judge Doris L. Pryor on 7/8/2022. (CBU) (Entered: 07/11/2022)

ANSWER and DEFENSES to 1 Complaint, filed by STATE OF INDIANA, Intervenor (Ordered filed this date)(CBU) (Entered: 07/11/2022)

RESPONSE in Opposition re 47 MOTION to Exclude Expert Testimony, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit 1 - Lundberg Supplemental Declaration, # 2 Exhibit 2 - Hilton Supplemental Declaration, # 3 Exhibit 3 - Cantor Supplemental Declaration)(Fisher, Thomas) (Entered: 07/14/2022)

REPLY in Support of Motion re 47 MOTION to Exclude Expert Testimony, filed by Plaintiff A.M.. (Rose, Gavin) (Entered: 07/19/2022)

MOTION for Leave to File Surreply in Opposition to Plaintiff's Motion to Exclude Expert Testimony, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit State's Surreply in Opposition to Plaintiff's Motion to Exclude Expert Testimony)(Fisher, Thomas) (Entered: 07/25/2022)

MARGINAL ENTRY - Notice of Constitutional Question - Pursuant to 28 U.S.C. 2403 and Fed. R. Civ. P. 5.1, the Court CERTIFIES to the Attorney General of the State of Indiana the question of whether Indiana Code Section 20-33-13-4 violates the Equal Protection Clause of the Fourteenth Amendment to theUnited States Constitution. The Court has already permitted the State of Indiana to intervene in this matter. Dkt. [27.] No further action on Plaintiff's Notice of Constitutional Question, 5, is necessary and the Clerk is DIRECTED to terminate the Notice as a motion. Signed by Judge Jane Magnus-Stinson on 7/25/2022.(JDC) (Entered: 07/25/2022)

ORDER - Indiana Code § 20-33-13-4, which took effect just a few weeks ago on July 1, 2022, explicitly prohibits a male, based on an individual's sex at birth, from participating on an athletic team that is designated as being a female, wome n's, or girls' athletic team. Plaintiff A.M. is a ten-year-old transgender girl whose birth-assigned sex was male. Since informing her family before she was four years old that she was a girl, she has been living as a girl and has consiste ntly used her preferred female first name and dressed and appeared as a girl. A.M. has been diagnosed with gender dysphoria,1 receives medical treatment, and is currently taking a puberty blocker. In 2021, an Indiana state court entered an order chan ging the gender marker on A.M.'s birth certificate to female and changing her legal first name to her preferred female first name. A.M. is a rising fifth grader at one of the elementary schools within Defendant Indianapolis Public Schools (&quot ;IPS"), and her classmates know her only as a girl. Last school year, she played on an IPS girls' softball team, but IPS has informed A.M.'s mother that because of Indiana Code § 20-33-13-4, A.M. will not be able to play on the g irls' softball team this year. She has filed a Motion for Preliminary Injunction, seeking to enjoin the enforcement of § 20-33-13-4 so that she can play on the girls' softball team beginning in mid-August. [Filing No. 8 .] IPS and the Superintendent take no position regarding whether the Court should issue a preliminary injunction, [Filing No. 35 ], but the State of Indiana has intervened in this case and opposes A.M.'s motion, [Filing No. 27 ; Filing No. 36 ]. Additiona lly, both A.M. and the State have filed motions to exclude expert opinions offered by the other in connection with the Motion for Preliminary Injunction, [Filing No. 38 ; Filing No. 47 ], and five female athletes have filed a Motion for Leave to Fi le Brief of Amici Curiae in support of the State's opposition to the issuance of a preliminary injunction, [Filing No. 31 ]. All of these motions are now ripe for the Court's adjudication. A.M. has shown - along with satisfying the other r equirements for the issuance of a preliminary injunction - that she has a likelihood of succeeding on the merits of her claim that § 20-33-13-4 violates Title IX. Accordingly, the Court GRANTS A.M.'s Motion for Preliminary Injunction, 8 . The Court also DENIES the Motion for Leave to File Brief of Amici Curiae From Five Female Athletes in Support of Defendant-Intervenor the State of Indiana, 31 , DENIES AS MOOT the State's Motion to Exclude Opinions of Fortenberry, 38 , DENIES AS MOOT A.M.'s Motion to Exclude Expert Testimony, 47 , and DENIES AS MOOT the State's Motion for Leave to File Surreply in Opposition to Plaintiff's Motion to Exclude Expert Testimony, 59 . IPS and the Superintendent are PRELIMINARI LY ENJOINED until further order of this Court from applying Indiana Code § 20-33-13-4 to prohibit A.M. from playing on the girls' softball team. The injunction shall issue in a separate Order. (See Order). Signed by Judge Jane Magnus-Stinson on 7/26/2022. (AKH)

PRELIMINARY INJUNCTION - For the reasons stated in the Court's Order entered this day, Defendants are PRELIMINARILY ENJOINED until further order of this Court from applying Indiana Code § 20-33-13-4 to prohibit Plaintiff A.M. from playing on any IPS girls' softball team. Signed by Judge Jane Magnus-Stinson on 7/26/2022.(AKH) (Entered: 07/26/2022)

Notice (Other)

Notice of Appeal

Docketing Statement

Parties Short Record

Transmission of Notice of Appeal and Docket Sheet to USCA

USCA Case Number

Stay

Order on Motion to Stay

Withdraw Attorney Appearance

Order on Motion to Withdraw Attorney Appearance

Notice of Appearance

Withdraw Attorney Appearance

Order on Motion to Withdraw Attorney Appearance

0-Reassignment Letter for Judge Pryor cases

0-Reassignment Letter for Judge Klump cases

Stipulation of Dismissal

1 Text of Proposed Order

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Closed Dismissed

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