Case: L.E. v. Ragsdale

1:21-cv-04076 | U.S. District Court for the Northern District of Georgia

Filed Date: Oct. 1, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about COVID-19 policies for schools in Cobb County, Georgia. On October 1, 2021, four students, whose disabilities made them particularly vulnerable to COVID-19 and put them at an increased risk for severe symptoms or death from an infection, filed this lawsuit in the District Court for the Northern District of Georgia. The plaintiffs sued the Cobb County School District, members of the Cobb County School Board and the Board’s superintendent under Title 2 of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. Represented by the Southern Poverty Law Center, ACLU, and other private counsel, the students sought an injunction, a declaration of their rights under relevant law and damages. They claimed that ending COVID-19 safety measures for the 2021-22 school year subjected them to a higher risk of infection. As a result, the defendants had discriminated against them by unlawfully denying students with disabilities and medical conditions access to a safe learning environment. The case was assigned to Judge Timothy C. Batten.

The court ordered expedited briefing and held a hearing on October 15, 2021. Following the hearing, the court found that the students failed to establish that they had a substantial likelihood of winning the case at trial. The court concluded that plaintiffs failed to show that they were subjected to disparate treatment, because they were not treated differently from other students. The COVID policies applied to all students, and all students were free to choose virtual classes, making the policy facially neutral. The court also concluded that the defendants had not failed to accommodate the students. Though the policies in place were not the preferred policies of the plaintiff, the court found that the existing accommodations were adequate to provide plaintiffs with meaningful access to education. The injunction, and other relief, was denied. 568 F.Supp.3d 1364.

Plaintiffs filed an interlocutory appeal with the U.S. Court of Appeals for the Eleventh Circuit on November 10, 2021, and a motion to stay proceedings in the district court pending the Court of Appeals decision on November 30, 2021. The district court granted the stay on December 2, 2021.

On December 16, 2022, the Eleventh Circuit reversed and remanded the district court's denial. 55 F.4th 1296. In an opinion written by Circuit Judge Charles R. Wilson, the circuit court held that plaintiffs' claim remained a live controversy that survived mootness and that the district court erred in its review of plaintiffs' discrimination claims. The circuit court found that the district court had abused its discretion by redefining the scope of accommodations sought by plaintiffs (which were merely compliance with CDC Covid-19 regulations) and failing to consider plaintiffs' unjustified isolation theory, which the U.S. Supreme Court held was a form of discrimination against disabled people in Olmstead. The circuit court remanded the case for analysis as to the benefits that would be provided to plaintiffs by in-person schooling.

Following the remand from the court of appeals, the district court permitted plaintiffs to submit an amended motion for a preliminary injunction, which they did on March 3, 2023. On April 4, 2023, the district court denied the amended motion for preliminary injunctive relief. The court first rejected plaintiffs' argument that defendants’ refusal to consider masking on an individualized basis violated the ADA. The court agreed with defendants that the measures in place -- including permitting plaintiffs to wear masks and gloves at school, allocating preferential seating, disinfecting classroom surfaces prior to their arrival, permitting the students to transition to and from classes before other students to avoid hallway congestion, providing access to a designated, less trafficked bathroom, and permitting them to eat lunch at an alternate location to minimize contact with other students while eating – were sufficient to constitute effective accommodations, even if not plaintiffs' preferred accommodations. Regarding plaintiffs' unjustified isolation claim, the court found that because the students were immunocompromised, defendants' accommodations reasonably required some level of separation between plaintiffs and other students.

Plaintiffs appealed the order on May 2, 2023, and submitted a motion for a stay pending the appeal, which the district court granted. Litigation remains ongoing as of June 2023.

Summary Authors

Simran Takhar (6/28/2023)

Hannah Juge (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60613163/parties/le-v-ragsdale/

Judge(s)

Batten, Timothy C. (Georgia)

Attorney for Plaintiff

Boone, Brock (Georgia)

Choi, Eugene (Georgia)

Attorney for Defendant

Culpepper, Ralph Culpepper (Georgia)

Culves, Sherry Hall (Georgia)

Judge(s)

Batten, Timothy C. (Georgia)

Attorney for Plaintiff

Boone, Brock (Georgia)

Choi, Eugene (Georgia)

Goodmark, Craig Lewis (Georgia)

Sherburne, Claire (Georgia)

Tafelski, Michael Joseph (Georgia)

Vrolijk, Allison Beth (Georgia)

Attorney for Defendant

Culpepper, Ralph Culpepper (Georgia)

Culves, Sherry Hall (Georgia)

Daniel, Jeffrey Robert (Georgia)

Moulard, Brandon O. (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:21-cv-04076	Complaint for Declaratory Relief, Injunctive Relief, and Damages	Oct. 1, 2021	Oct. 1, 2021 Complaint
54 1:21-cv-04076	Order	Oct. 15, 2021	Oct. 15, 2021 Order/Opinion 568 F.Supp.3d 1364
61 1:21-cv-04076	Order	Dec. 2, 2021	Dec. 2, 2021 Order/Opinion
53-1 21-13980	Opinion of the Court L.E. v. Superintendent of Cobb County School District U.S. Court of Appeals for the Eleventh Circuit	Dec. 16, 2022	Dec. 16, 2022 Order/Opinion 55 F.4th 1296
82 1:21-cv-04076	Order	April 4, 2023	April 4, 2023 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60613163/le-v-ragsdale/

Last updated July 2, 2026, 4:46 a.m.

Docket for: L.E. v. Ragsdale

ECF Number	Date	Description	Link
1	Oct. 1, 2021	COMPLAINT with Jury Demand (Filing fee $402, receipt number AGANDC-11299307) filed by B.B., L.E., A.Z., C.S.. (Attachments: # 1 Civil Cover Sheet)(dmb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 10/01/2021) 1 Civil Cover Sheet View on PACER	RECAP
2	Oct. 1, 2021	MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by A.Z., B.B., C.S., L.E.. (Attachments: # 1 Brief, # 2 Exhibit Baird Declaration, # 3 Exhibit Cavorley Declaration, # 4 Exhibit Shirley Declaration, # 5 Exhibit Zeigler Declaration, # 6 Exhibit Crater Declaration, # 7 Exhibit Herndon Declaration, # 8 Exhibit Huffman Declaration, # 9 Exhibit McLaughlin Declaration, # 10 Exhibit Schmidtke Declaration, # 11 Exhibit Exhibit McGinnis Verigan)(dmb) (Entered: 10/01/2021) 1 Brief View on RECAP 2 Exhibit Baird Declaration View on PACER 3 Exhibit Cavorley Declaration View on PACER 4 Exhibit Shirley Declaration View on PACER 5 Exhibit Zeigler Declaration View on PACER 6 Exhibit Crater Declaration View on PACER 7 Exhibit Herndon Declaration View on PACER 8 Exhibit Huffman Declaration View on PACER 9 Exhibit McLaughlin Declaration View on PACER 10 Exhibit Schmidtke Declaration View on PACER 11 Exhibit Exhibit McGinnis Verigan View on PACER	RECAP
3	Oct. 1, 2021	Certificate of Interested Persons by A.Z., B.B., C.S., L.E.. (dmb) (Entered: 10/01/2021)	RECAP
	Oct. 1, 2021	Submission of 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED to District Judge Timothy C. Batten Sr. (dmb)
4	Oct. 4, 2021	ORDER Setting Hearing on Motion 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED : Motion Hearing set for 10/15/2021 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. The Court sets the following briefing schedule: the Defendants' response will be due 10/11/2021 at noon, and the Plaintiffs' reply brief will be due on 10/13/2021 at 5:00pm. Signed by Judge Timothy C. Batten, Sr. on 10/4/2021. (dmb) (Entered: 10/04/2021)	RECAP
5	Oct. 4, 2021	Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-11299276. (Tafelski, Michael) (Entered: 10/04/2021)	RECAP
6	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant David Banks (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
7	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant Cobb County School District (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
8	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant David Chastain (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
9	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant Charisse Davis (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
10	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant Jaha Howard (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
11	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant Leroy Tre' Hutchins (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
12	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant Chris Ragsdale (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
13	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant Randy Scamihorn (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
14	Oct. 5, 2021	PROPOSED SUMMONS filed by A.Z., B.B., C.S., L.E. as to Defendant Brad Wheeler (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
15	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel for David Banks on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
16	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel for Cobb County School District on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
17	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel for David Chastain on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
18	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel for Charisse Davis on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
19	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel fro Jaha Howard on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
20	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel for Leroy Tre' Hutchins on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
21	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel for Chris Ragsdale on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
22	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel for Randy Scamihorn on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
23	Oct. 5, 2021	REQUEST FOR WAIVER of Service mailed to Sherry Culves, Counsel for Brad Wheeler on 10/5/2021. (Tafelski, Michael) (Entered: 10/05/2021)	RECAP
	Oct. 6, 2021	Clerks Approval re 5 Application for Refund of Fees paid online. (mec)
24	Oct. 7, 2021	Electronic Summons Issued as to David Banks. (dmb) (Entered: 10/07/2021)	RECAP
25	Oct. 7, 2021	Electronic Summons Issued as to Cobb County School District. (dmb) (Entered: 10/07/2021)	RECAP
26	Oct. 7, 2021	Electronic Summons Issued as to David Chastain. (dmb) (Entered: 10/07/2021)	RECAP
27	Oct. 7, 2021	Electronic Summons Issued as to Charisse Davis. (dmb) (Entered: 10/07/2021)	RECAP
28	Oct. 7, 2021	Electronic Summons Issued as to Jaha Howard. (dmb) (Entered: 10/07/2021)	RECAP
29	Oct. 7, 2021	Electronic Summons Issued as to Leroy Tre' Hutchins. (dmb) (Entered: 10/07/2021)	RECAP
30	Oct. 7, 2021	Electronic Summons Issued as to Chris Ragsdale. (dmb) (Entered: 10/07/2021)	RECAP
31	Oct. 7, 2021	Electronic Summons Issued as to Randy Scamihorn. (dmb) (Entered: 10/07/2021)	RECAP
32	Oct. 7, 2021	Electronic Summons Issued as to Brad Wheeler. (dmb) (Entered: 10/07/2021)	RECAP
33	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. Brad Wheeler waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
34	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. Charisse Davis waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
35	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. Chris Ragsdale waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
36	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. Cobb County School District waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
37	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. David Banks waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
38	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. David Chastain waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
39	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. Jaha Howard waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
40	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. Leroy Tre' Hutchins waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
41	Oct. 7, 2021	WAIVER OF SERVICE Returned Executed by B.B., L.E., A.Z., C.S.. Randy Scamihorn waiver mailed on 10/5/2021, answer due 12/6/2021. (Tafelski, Michael) (Entered: 10/07/2021)	RECAP
42	Oct. 11, 2021	MOTION for Leave to File Excess Pages by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Attachments: # 1 Text of Proposed Order)(Culves, Sherry) (Entered: 10/11/2021)	RECAP
43	Oct. 11, 2021	RESPONSE re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Attachments: # 1 Exhibit 1 - Declaration of John Floresta, # 2 Exhibit 2 - Declaration of Jessica Coleman - redacted, # 3 Exhibit 3 - Declaration of Ryan Fuller, # 4 Exhibit 4 - Declaration of Jayanta Bhattacharya, MD, PhD)(Culves, Sherry) (Entered: 10/11/2021) 1 Exhibit 1 - Declaration of John Floresta View on RECAP 2 Exhibit 2 - Declaration of Jessica Coleman - redacted View on RECAP 3 Exhibit 3 - Declaration of Ryan Fuller View on PACER 4 Exhibit 4 - Declaration of Jayanta Bhattacharya, MD, PhD View on PACER	RECAP
44	Oct. 11, 2021	SEALED NOTICE Of Filing Declaration of Jessica Coleman by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler re 43 Response to Motion,, (Attachments: # 1 Affidavit Declaration of Jessica Coleman)(Culves, Sherry) Modified on 10/12/2021 (dmb). (Entered: 10/11/2021)	RECAP
45	Oct. 11, 2021	MOTION for Leave to File Matters Under Seal re: 44 Notice of Filing, by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Attachments: # 1 Text of Proposed Order)(Culves, Sherry) (Entered: 10/11/2021)	RECAP
46	Oct. 12, 2021	ORDER granting 42 Motion for Leave to File Excess Pages; granting 45 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 10/12/2021. (dmb) (Entered: 10/12/2021)	RECAP
47	Oct. 12, 2021	NOTICE of Appearance by Ralph Culpepper, III on behalf of David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler (Culpepper, Ralph) (Entered: 10/12/2021)	RECAP
48	Oct. 12, 2021	NOTICE of Appearance by Jeffrey Robert Daniel on behalf of David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler (Daniel, Jeffrey) (Entered: 10/12/2021)	RECAP
49	Oct. 12, 2021	APPLICATION for Admission of Brock Boone Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11319378).by A.Z., B.B., C.S., L.E.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Tafelski, Michael) Documents for this entry are not available for viewing outside the courthouse. (Entered: 10/12/2021)	RECAP
50	Oct. 13, 2021	REPLY BRIEF re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by A.Z., B.B., C.S., L.E.. (Attachments: # 1 Declaration of Tonya Grimmke, # 2 Second Declaration of Amber Schmidtke, Ph.D, # 3 Supplemental Declaration of Jessica Zeigler, # 4 Declaration of David J. Lewkowicz, Ph.D, # 5 Declaration of Elaissa Hardy, # 6 Attachment 1 to Hardy Declaration, # 7 Attachment 2 to Hardy Declaration, # 8 Declaration of Melanie Bales from 1:21-cv-01560-TWT, # 9 Declaration of Dr. Janet Memark from 1:21-cv-01560-TWT)(Tafelski, Michael) (Entered: 10/13/2021) 1 Declaration of Tonya Grimmke View on PACER 2 Second Declaration of Amber Schmidtke, Ph.D View on PACER 3 Supplemental Declaration of Jessica Zeigler View on PACER 4 Declaration of David J. Lewkowicz, Ph.D View on PACER 5 Declaration of Elaissa Hardy View on PACER 6 Attachment 1 to Hardy Declaration View on PACER 7 Attachment 2 to Hardy Declaration View on PACER 8 Declaration of Melanie Bales from 1:21-cv-01560-TWT View on PACER 9 Declaration of Dr. Janet Memark from 1:21-cv-01560-TWT View on PACER	RECAP
51	Oct. 14, 2021	ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 10/15/2021. Signed by Judge Timothy C. Batten, Sr. on 10/14/2021. (dmb) (Entered: 10/14/2021)	RECAP
52	Oct. 14, 2021	Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Attachments: # 1 Text of Proposed Order)(Culves, Sherry) (Entered: 10/14/2021)	RECAP
53	Oct. 15, 2021	Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Motion Hearing held on 10/15/2021 re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by C.S., B.B., A.Z., L.E. The Court will issue a ruling at a later date. Defense Exhibits 1 and 2 admitted. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Lori Burgess)(dmb) (Entered: 10/15/2021)	RECAP
54	Oct. 15, 2021	ORDER denying 2 Motion for TRO and preliminary injunction. Signed by Judge Timothy C. Batten, Sr. on 10/15/2021. (dmb) (Entered: 10/15/2021)	RECAP
	Oct. 18, 2021	Refund in the amount of $402.00 has been processed, effective 10/18/2021 in response to Clerks Action on Application for Refund of Fees paid online. (kns)
	Oct. 18, 2021	APPROVAL by Clerks Office re: 49 APPLICATION for Admission of Brock Boone Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11319378). Attorney Brock Boone added appearing on behalf of A.Z., B.B., C.S., L.E. (cdg)
	Oct. 19, 2021	MINUTE ORDER granting Brock Boone's 49 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Chief Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
55	Nov. 10, 2021	NOTICE OF APPEAL as to 54 Order on Motion for TRO by A.Z., B.B., C.S., L.E.. Filing fee $ 505, receipt number AGANDC-11388421. Transcript Order Form due on 11/24/2021 (Tafelski, Michael) (Entered: 11/10/2021)	RECAP
56	Nov. 10, 2021	USCA Appeal Transmission Letter to 11th Circuit re: 55 Notice of Appeal filed by C.S., B.B., A.Z. and L.E. (pjm) (Entered: 11/10/2021)	RECAP
57	Nov. 10, 2021	Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: 55 Notice of Appeal. (pjm) (Entered: 11/10/2021)	RECAP
58	Nov. 19, 2021	USCA Acknowledgment of 55 Notice of Appeal filed by C.S., B.B., A.Z., L.E. Case Appealed to USCA - 11th Circuit. USCA Case Number 21-13980-G. (kac) (Entered: 11/19/2021)	RECAP
59	Nov. 22, 2021	TRANSCRIPT ORDER FORM for proceedings held on 10/15/2021 before Judge Timothy C. Batten, Sr., re 55 Notice of Appeal. Court Reporter: Lori Burgess. (Choi, Eugene) (Entered: 11/22/2021)	RECAP
	Nov. 22, 2021	Set Financial Arrangements due date deadline re: 59 Transcript Order Form. Financial Arrangements due on 12/6/2021.(kac)
60	Nov. 30, 2021	Emergency MOTION to Stay All Proceedings and Deadlines Pending Appeal with Brief In Support by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Culves, Sherry) (Entered: 11/30/2021)	RECAP
61	Dec. 2, 2021	ORDER granting 60 Motion to Stay. All proceedings and deadlines in the case are stayed pending the outcome of Plaintiffs' appeal. Signed by Judge Timothy C. Batten, Sr. on 12/2/2021. (dmb) (Entered: 12/02/2021)	RECAP
62	Dec. 6, 2021	Court Reporter Acknowledgment re 59 Transcript Order Form filed by C.S., B.B., A.Z., L.E.. Case Appealed to 11th Circuit Case Number 21-13980-G. Transcript is required. Court Reporter: Lori Burgess. Satisfactory financial arrangements completed. Transcript due by 1/5/2022. (llb) (Entered: 12/06/2021)	RECAP
63	Jan. 28, 2022	TRANSCRIPT of Proceedings held on 10/15/2021, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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. Fed.R.App.P. 11 Certification due on 2/11/2022 Redaction Request due 2/18/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/28/2022. (Attachments: # 1 Notice of Filing Transcript) (llb) (Entered: 01/28/2022)	RECAP
64	Jan. 28, 2022	Notification of Transcript Filed in District Court re 59 Transcript Order Form filed by C.S., B.B., A.Z., L.E.. All transcripts for this request are now on file. (llb) (Entered: 01/28/2022)	RECAP
	Jan. 28, 2022	Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 55 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 21-13980-GG. The entire record on appeal is available electronically. (pjm)
65	Dec. 16, 2022	USCA Opinion received (REVERSED & REMANDED) re: 55 Notice of Appeal filed by C.S., B.B., A.Z., L.E.. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 21-13980-GG. (pjm) (Entered: 12/16/2022)	RECAP
66	Jan. 17, 2023	Copy of MANDATE of USCA REVERSING AND REMANDING to the District Court for further action 55 Notice of Appeal filed by Kidanemariam Kassa Case Appealed to USCA 11th Circuit Case Number 21-13980. (jkb) (Entered: 01/17/2023)	RECAP
67	Jan. 17, 2023	PROPOSED MANDATE ORDER re: 66 USCA Mandate. (jkb) (Entered: 01/17/2023)	RECAP
	Jan. 17, 2023	Submission of 66 USCA Mandate, 67 Proposed Order, to District Judge Timothy C. Batten Sr.. (jkb)
68	Jan. 18, 2023	ORDER making the USCA mandate the judgment of this Court re 55 Notice of Appeal Case Appealed to 11th Circuit Case Number Case Number 21-13980. Signed by Judge Timothy C. Batten, Sr. on January 18, 2023. (lwb) (Entered: 01/18/2023)	RECAP
69	Jan. 18, 2023	ORDER making the USCA mandate the judgment of this Court re 55 Notice of Appeal Case Appealed to 11th Circuit Court of Appeals Case Number 21-13980. Signed by Judge Timothy C. Batten, Sr. on 01/18/2023. (jkb) (Entered: 01/18/2023)	RECAP
70	Jan. 18, 2023	ORDER with respect to Plaintiff's Motion 2 for temporary restraining order and preliminary injunction, a Status Conference set for 2/22/2023 at 02:00 PM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr. on 01/18/2023. (jkb) (Entered: 01/18/2023)	RECAP
71	Feb. 7, 2023	NOTICE of Appearance by Brandon O. Moulard on behalf of David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler (Moulard, Brandon) (Entered: 02/07/2023)	RECAP
72	Feb. 10, 2023	Notice for Leave of Absence for the following date(s): 02/17-20/23, 04/02-09/23, by Jeffrey Robert Daniel. (Daniel, Jeffrey) (Entered: 02/10/2023)	RECAP
73	Feb. 22, 2023	Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Status Conference held on 2/22/2023. The Court ruled that Plaintiffs shall have until 3/3/2023 to file an amended motion for injunctive relief and the defendants shall have until 3/13/2023 to file a response. Plainitiffs have until 3/17/2023 to file a reply brief. (Court Reporter Lori Burgess)(dmb) (Entered: 02/22/2023)	RECAP
74	March 3, 2023	Amended MOTION for Preliminary Injunction with Brief In Support by A.Z., B.B., C.S., L.E.. (Attachments: # 1 Memorandum Brief, # 2 Exhibit 1 CCSD Health Protocols 2022-23, # 3 Exhibit 2 Transcript Motion Hearing, # 4 Exhibit 3 US ED Letter, # 5 Affidavit Baird Decl., # 6 Affidavit Cavorley Decl., # 7 Affidavit Crater Decl., # 8 Affidavit Grimmke Decl., # 9 Affidavit Phan Decl., # 10 Affidavit Shirley Decl., # 11 Affidavit Yancey Decl., # 12 Affidavit Zeigler Decl.)(Tafelski, Michael) (Entered: 03/03/2023)	RECAP
75	March 13, 2023	RESPONSE re 74 Amended MOTION for Preliminary Injunction filed by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Attachments: # 1 Exhibit 1 - Declaration of Jessica Coleman, # 2 Exhibit 2 - Declaration of John Floresta, # 3 Exhibit 3 - Declaration of Jayanta Bhattacharya, M.D., Ph.D., # 4 Exhibit 4 - Declaration of Ryan Fuller, # 5 Exhibit 5 - Declaration of Sherri Hill)(Moulard, Brandon) (Entered: 03/13/2023)	RECAP
76	March 13, 2023	SEALED RESPONSE re 74 Amended MOTION for Preliminary Injunction filed by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Moulard, Brandon) Modified docket text on 3/20/2023 (dmb). (Entered: 03/13/2023)	RECAP
77	March 13, 2023	SEALED RESPONSE re 74 Amended MOTION for Preliminary Injunction - Exhibit 1 - Declaration of Jessica Coleman filed by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Moulard, Brandon) Modified docket text on 3/20/2023 (dmb). (Entered: 03/13/2023)	RECAP
78	March 13, 2023	MOTION for Leave to File Matters Under Seal re: 76 Response to Motion, 77 Response to Motion, with Brief In Support by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Attachments: # 1 Text of Proposed Order)(Moulard, Brandon) (Entered: 03/13/2023)	RECAP
	March 14, 2023	Submission of 78 MOTION for Leave to File Matters Under Seal re: 76 Response to Motion, 77 Response to Motion to District Judge Timothy C. Batten Sr. (dmb)
79	March 17, 2023	REPLY BRIEF re 74 Amended MOTION for Preliminary Injunction filed by A.Z., B.B., C.S., L.E.. (Tafelski, Michael) (Entered: 03/17/2023)	RECAP
80	March 20, 2023	ORDER granting 78 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr. on 3/20/2023. (dmb) (Entered: 03/20/2023)	RECAP
81	March 22, 2023	MOTION to Withdraw Ralph Culpepper, III as Attorney with Brief In Support by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Culpepper, Ralph) (Entered: 03/22/2023)	RECAP
	March 29, 2023	Submission of 74 Amended MOTION for Preliminary Injunction to District Judge Timothy C. Batten Sr. (dmb)
82	April 4, 2023	ORDER denying 74 Motion for Preliminary Injunction; granting 81 Motion to Withdraw as Attorney. Attorney Ralph Culpepper, III terminated. Plaintiffs A.Z. and C.S. are dropped as parties to this action for lack of standing. Signed by Judge Timothy C. Batten, Sr. on 4/4/2023. (dmb) (Entered: 04/04/2023)	RECAP
83	April 6, 2023	Unopposed MOTION for Order of Scheduling by David Banks, David Chastain, Cobb County School District, Charisse Davis, Jaha Howard, Leroy Tre' Hutchins, Chris Ragsdale, Randy Scamihorn, Brad Wheeler. (Attachments: # 1 Text of Proposed Order)(Moulard, Brandon) (Entered: 04/06/2023)	RECAP
84	April 7, 2023	ORDER granting 83 Motion for Order. The stay is lifted, and Defendants are ordered to answer or otherwise respond to Plaintiffs' complaint by 05/05/2023. Signed by Judge Timothy C. Batten, Sr. on 04/07/2023. (jkb) (Entered: 04/07/2023)	RECAP
85	April 12, 2023	MOTION for Clarification re: 82 Order on Motion for Preliminary Injunction,, Order on Motion to Withdraw as Attorney, by A.Z., B.B., C.S., L.E.. (Tafelski, Michael) (Entered: 04/12/2023)	RECAP
86	April 12, 2023	NOTICE by A.Z., B.B., C.S., L.E. Plaintiffs Notice of Substitution of Defendants (Tafelski, Michael) (Entered: 04/12/2023)	RECAP
87	April 12, 2023	ORDER granting 85 Motion for Clarification. See order for clarification details. Signed by Judge Timothy C. Batten, Sr. on 4/12/2023. (dmb) (Entered: 04/12/2023)	RECAP
88	May 2, 2023	NOTICE OF APPEAL as to 82 Order on Motion for Preliminary Injunction,, Order on Motion to Withdraw as Attorney, by A.Z., B.B., C.S., L.E.. Filing fee $ 505, receipt number AGANDC-12572694. Transcript Order Form due on 5/16/2023 (Tafelski, Michael) (Entered: 05/02/2023)	RECAP
89	May 2, 2023	Consent MOTION to Stay Proceedings and Deadlines by A.Z., B.B., C.S., L.E.. (Attachments: # 1 Proposed Order)(Tafelski, Michael) (Entered: 05/02/2023)	RECAP
90	May 3, 2023	USCA Appeal Transmission Letter to USCA- 11th Circuit re: 88 Notice of Appeal, filed by C.S., B.B., A.Z., and L.E. (pjm) (Additional attachment(s) added on 5/3/2023: # 1 Corrected USCA Transmittal Letter) (pjm). (Entered: 05/03/2023)	RECAP