Case: Students and Parents for Privacy v. United States Department of Education

Students and Parents for Privacy v. School Directors of Township High School District 211, County of Cook and State of Illinois

Students and Parents for Privacy v. School Directors of Township High School District 211

ACLU Illinois

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

COMPLAINT for Injunctive and Declaratory Relief filed by A. T. V., N. G., C. A., Students and Parents for Privacy, D. W., R. M., N. A., A. V., B. W., V. W., R. G., A. M., T. V., S. M.; Jury Demand. Filing fee $ 400, receipt number 0752-11895999.(Floyd, Jocelyn) (Entered: 05/04/2016)

CIVIL Cover Sheet (Floyd, Jocelyn) (Entered: 05/04/2016)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Floyd, Jocelyn) (Entered: 05/04/2016)

CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (rc, )

SUMMONS Issued as to Defendant School Directors of Township High School District 211, County of Cook and State of Illinois (mgh, )

SUMMONS Issued as to John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice, U.S. Attorney, and U.S. Attorney General (mgh, )

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by Thomas L. Brejcha, Jr (Brejcha, Thomas) (Entered: 05/09/2016)

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by Peter Christopher Breen (Breen, Peter) (Entered: 05/09/2016)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11918497. (Tedesco, Jeremy) (Entered: 05/10/2016)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11918652. (Sharp, John) (Entered: 05/10/2016)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11921217. (La Rue, Joseph) (Entered: 05/11/2016)

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' applications to appear pro hac vice 6, 7, and 8 are granted. Attorneys Jeremy David Tedesco, John Matthew Sharp, and Joseph E La Rue are given leave to appear as counsel for Plaintiffs. Notice mailed by judge's staff (ntf, ) (Entered: 05/11/2016)

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by Joseph E La Rue (La Rue, Joseph) (Entered: 05/16/2016)

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by John Matthew Sharp (Sharp, John) (Entered: 05/16/2016)

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by Jeremy David Tedesco (Tedesco, Jeremy) (Entered: 05/16/2016)

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for leave to file excess pages (La Rue, Joseph) (Entered: 05/16/2016)

NOTICE of Motion by Joseph E La Rue for presentment of motion for leave to file excess pages 13 before Honorable Jorge L. Alonso on 5/19/2016 at 09:30 AM. (La Rue, Joseph) (Entered: 05/16/2016)

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Sally J. Scott (Scott, Sally) (Entered: 05/18/2016)

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Michael A. Warner, Jr (Warner, Michael) (Entered: 05/18/2016)

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Jennifer Ann Smith (Smith, Jennifer) (Entered: 05/18/2016)

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Patrick M. DePoy (DePoy, Patrick) (Entered: 05/18/2016)

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Erin D. Fowler (Fowler, Erin) (Entered: 05/18/2016)

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motion for leave to file an oversized preliminary injunction memorandum 13 is granted in part to 25 pages. Motion hearing date of 5/19/16 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 05/18/2016)

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for preliminary injunction (Attachments: # 1 Declaration of V.W., # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Tedesco, Jeremy) (Entered: 05/23/2016)

NOTICE of Motion by Jeremy David Tedesco for presentment of motion for preliminary injunction, 21 before Honorable Jorge L. Alonso on 5/31/2016 at 09:30 AM. (Tedesco, Jeremy) (Entered: 05/23/2016)

MEMORANDUM by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. in support of motion for preliminary injunction, 21 (Tedesco, Jeremy) (Entered: 05/23/2016)

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' motion for preliminary injunction 21 is referred to the magistrate judge. Motion hearing date of 5/31/16 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 05/25/2016)

Amended NOTICE of Motion by Jeremy David Tedesco for presentment of motion for preliminary injunction, 21 before Honorable Jeffrey T. Gilbert on 5/31/2016 at 10:00 AM. (Tedesco, Jeremy) (Entered: 05/25/2016)

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey T. Gilbert. Signed by Executive Committee on 5/25/16. (kp, ) Modified on 5/25/2016 (kp, ). (Entered: 05/25/2016)

ATTORNEY Appearance for Intervenor Defendants Student A, Student B, Student C, Illinois Safe Schools Alliance by Britt Marie Miller (Miller, Britt) (Entered: 05/25/2016)

MOTION by Intervenor Defendants Student A, Student B, Student C for leave to file Declaration Signatures Under Seal. (Miller, Britt) (Entered: 05/25/2016)

NOTICE of Motion by Britt Marie Miller for presentment of motion for leave to file 28 before Honorable Jorge L. Alonso on 5/31/2016 at 09:30 AM. (Miller, Britt) (Entered: 05/25/2016)

MOTION by Intervenor Defendants Student A, Student C, Student B, Illinois Safe Schools Alliance to intervene (Miller, Britt) (Entered: 05/25/2016)

NOTICE of Motion by Britt Marie Miller for presentment of motion to intervene 30 before Honorable Jorge L. Alonso on 5/31/2016 at 09:30 AM. (Miller, Britt) (Entered: 05/25/2016)

MEMORANDUM by Illinois Safe Schools Alliance, Student A, Student B, Student C in support of motion to intervene 30 (Attachments: # 1 Exhibit 1 - Redacted Parent A Declaration, # 2 Exhibit 2 - Redacted Parent B Declaration, # 3 Exhibit 3 - Redacted Parent C Declaration, # 4 Exhibit 4 - IL. Safe Schools Alliance Declaration)(Miller, Britt) (Entered: 05/25/2016)

1 Exhibit 1 - Redacted Parent A Declaration

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2 Exhibit 2 - Redacted Parent B Declaration

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3 Exhibit 3 - Redacted Parent C Declaration

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4 Exhibit 4 - IL. Safe Schools Alliance Declaration

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ATTORNEY Appearance for Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C by Laura Rose Hammargren (Hammargren, Laura) (Entered: 05/25/2016)

ATTORNEY Appearance for Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C by Linda Xuemeng Shi (Shi, Linda) (Entered: 05/25/2016)

ATTORNEY Appearance for Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C by Catherine Anna Bernard (Bernard, Catherine) (Entered: 05/25/2016)

ATTORNEY Appearance for Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C by Timothy Simon Bishop (Bishop, Timothy) (Entered: 05/25/2016)

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by John A. Knight (Knight, John) (Entered: 05/26/2016)

ATTORNEY Appearance for Intervenor Defendants Student A, Student B, Student C by John A. Knight ***CORRECTED*** (Knight, John) (Entered: 05/26/2016)

ATTORNEY Appearance for Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice by Megan Anne Crowley (Crowley, Megan) (Entered: 05/27/2016)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11984419. (Tabacco Mar, Ria) (Entered: 05/27/2016)

ATTORNEY Appearance for Intervenor Defendant Illinois Safe Schools Alliance by John A. Knight (Knight, John) (Entered: 05/28/2016)

MINUTE entry before the Honorable Jorge L. Alonso: Intervenors' motion for leave to file declaration signatures under seal 28 is granted. Intervenors' motion to intervene 30 is taken under advisement. Parties' response shall be filed by 6/7/16. Parties' consolidated replies shall be filed by 6/14/16. The court will rule electronically. Intervenors' application for leave to appear pro hac vice 40 is granted. Attorney Ria Tabacco Mar is given leave to appear as counsel for Illinois Safe Schools Alliance, Student A, Student B, and Student C. Notice mailed by judge's staff (ntf, ) (Entered: 05/31/2016)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 5/31/16 on Plaintiffs' Motion for Preliminary Injunction 21 . Counsel for Plaintiffs, Defendants and Proposed Intervenors 30 appeared. The Court sets the following briefing schedule on Plaintiffs' Motion for Preliminary Injunction 21 : Defendants shall respond by 7/8/16. Plaintiffs shall reply by 7/22/16. Motion hearing set for 8/3/16 at 9:30 a.m. The District Defendants shall serve the written discovery they want to serve upon Plaintiffs by 6/3/16, with courtesy copies delivered to Judge Gilbert's chambers, Room 1366. Also by 6/3/16, Defendants shall file a 5-page memorandum stating why they believe their discovery is relevant and why it is important for the Court to see responses to that discovery before ruling on the Preliminary Injunction Motion. Plaintiffs' time to respond to written discovery, which the District Defendants characterize as focused interrogatories on the hostile environment issue, is shortened to fourteen (14) days or to 6/17/16. If Plaintiffs plan to file a motion for protective order (along with any supporting memorandum of law) directed to the District Defendants' discovery, they shall do so by 6/8/16 and notice that motion for initial hearing on 6/9/16. The Court's order concerning the District Defendants' interrogatories is without prejudice to any party's request for written or oral discovery in connection with Plaintiffs' Motion for Preliminary Injunction and subject to the Court's determination that such discovery should proceed on whatever timetable might be set as appropriate under the circumstances. Mailed notice (ber, ) (Entered: 05/31/2016)

MEMORANDUM Defendant Board of Education's Memorandum In Support of Its Request to Conduct Fact Discovery in Response to Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Warner, Michael) (Entered: 06/03/2016)

RESPONSE by School Directors of Township High School District 211, County of Cook and State of Illinois to MOTION by Intervenor Defendants Student A, Student C, Student B, Illinois Safe Schools Alliance to intervene 30 (Smith, Jennifer) (Entered: 06/07/2016)

RESPONSE by Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice to motion to intervene 30 (Crowley, Megan) (Entered: 06/07/2016)

RESPONSE by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W.in Opposition to MOTION by Intervenor Defendants Student A, Student C, Student B, Illinois Safe Schools Alliance to intervene 30 (Tedesco, Jeremy) (Entered: 06/07/2016)

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for protective order related to Defendant School District's Proposed Expedited Discovery (Tedesco, Jeremy) (Entered: 06/08/2016)

NOTICE of Motion by Jeremy David Tedesco for presentment of motion for protective order, 48 before Honorable Jeffrey T. Gilbert on 6/9/2016 at 09:15 AM. (Tedesco, Jeremy) (Entered: 06/08/2016)

MEMORANDUM by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. in support of motion for protective order, 48 and in opposition to Defendant School District's Proposed Expedited Discovery (Tedesco, Jeremy) (Entered: 06/08/2016)

MINUTE entry before the Honorable Jeffrey T. Gilbert: The initial hearing on Plaintiff's' Motion for Protective Order 48 set for 6/9/16 is moved from 9:15 a.m. to 11:00 a.m. so that the Court can spend a little more time with the parties and so that certain of Plaintiffs' counsel can participate more easily by telephone given the time difference. Mailed notice (ber, ) (Entered: 06/08/2016)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 6/9/16 on Plaintiff's' Motion for Protective Order 48 . For the reasons stated on the record, Plaintiffs' Motion is granted. Mailed notice (ber, ) (Entered: 06/09/2016)

MOTION by Defendant School Directors of Township High School District 211, County of Cook and State of Illinois for extension of time to file answer regarding complaint, 1 Defendant Board of Education's Agreed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint (Smith, Jennifer) (Entered: 06/14/2016)

Notice of Agreed Motion NOTICE of Motion by Jennifer Ann Smith for presentment of motion for extension of time to file answer, motion for relief,, 53 before Honorable Jorge L. Alonso on 6/21/2016 at 09:30 AM. (Smith, Jennifer) (Entered: 06/14/2016)

REPLY by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C Reply Brief In Support Of Motion To Intervene As Defendants Of Students A, B, And C, By And Through Their Parents And Legal Guardians, And Of The Illinois Safe Schools Alliance (Attachments: # 1 Exhibit A)(Miller, Britt) (Entered: 06/14/2016)

MEMORANDUM Opinion and Order. The motion of the Illinois Safe Schools Alliance and Students A, B, and C, by and through their parents and 6 legal guardians Parents A, B, and C, to intervene as defendants 30 is granted pursuant to Federal Rule of Civil Procedure 24(b)(1). Signed by the Honorable Jorge L. Alonso on 6/15/2016. Notice mailed by judge's staff (ntf, )

MINUTE entry before the Honorable Jorge L. Alonso: Defendant Board of Education's agreed motion for extension of time to answer or otherwise respond to Plaintiff's complaint 53 is granted to 7/18/16. Motion hearing date of 6/21/16 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 06/15/2016)

MOTION by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C for extension of time to file answer regarding complaint, 1 Agreed (Miller, Britt) (Entered: 06/27/2016)

NOTICE of Motion by Britt Marie Miller for presentment of motion for extension of time to file answer, motion for relief 58 before Honorable Jorge L. Alonso on 6/30/2016 at 09:30 AM. (Miller, Britt) (Entered: 06/27/2016)

MINUTE entry before the Honorable Jorge L. Alonso: Intervenor-Defendants' agreed motion for extension of time to answer or otherwise respond to Plaintiffs' complaint 58 is granted to 7/18/16. Motion hearing date of 6/30/16 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 06/27/2016)

MOTION by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C Intervenor-Defendants' Motion to Conduct Limited Discovery to Respond to Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Britt) (Entered: 06/27/2016)

NOTICE of Motion by Britt Marie Miller for presentment of motion for miscellaneous relief, 61 before Honorable Jorge L. Alonso on 6/30/2016 at 09:15 AM. (Miller, Britt) (Entered: 06/27/2016)

NOTICE of Motion by Britt Marie Miller for presentment of motion for miscellaneous relief, 61 before Honorable Jeffrey T. Gilbert on 6/30/2016 at 09:15 AM. (Miller, Britt) (Entered: 06/27/2016)

RESPONSE by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W.in Opposition to MOTION by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C Intervenor-Defendants' Motion to Conduct Limited Discovery to Respond to Plaintiffs' Motion for Preliminary Injunction 61 (Tedesco, Jeremy) (Entered: 06/29/2016)

ORDER: Intervenor-Defendants' Motion to Conduct Limited Discovery to Respond to Plaintiffs' Motion for Preliminary Injunction [ECF No. 61] is granted. For the reasons advanced by Intervenor-Defendants during this morning's hearing, the Court is satisfied that the requested discovery is sufficiently necessary for Intervenor-Defendants to respond fully to Plaintiffs' contention that Student A is a biological male and the basis for that contention. Intervenor-Defendants, therefore, are given leave to serve their two proposed requests for admission and one interrogatory. During the motion hearing, Plaintiffs said that they would not require significant time to respond to this discovery. Accordingly, Plaintiffs shall respond to the discovery by July 6, 2016, as suggested by Intervenor-Defendants, so as not to necessitate any change to the existing briefing schedule on Plaintiffs' Motion for Preliminary Injunction [ECF No. 21]. The Court will take under advisement Plaintiffs' request that they be allowed to serve four requests for admission of their own if Intervenor-Defendants are allowed to serve the written discovery discussed above. It is not clear to the Court that Plaintiffs' proposed discovery is necessary for them to present fully their arguments in support of their Motion for Preliminary Injunction. In fact, Plaintiffs acknowledged at this morning's hearing that they would not have requested leave to serve their own requests for admission if Intervenor-Defendants had not sought leave to serve theirs. That may not be determinative at this juncture but it is instructive. The Court would like to evaluate whether Plaintiffs' proffered requests for admission are sufficiently necessary for them to address fully Defendants and Intervenor-Defendants' arguments after those parties file their responses to Plaintiffs' Motion for Preliminary Injunction. A status hearing in the nature of a Rule 16 conference is set for July 13, 2016 at 9:30 a.m. for the purpose of more fully discussing this issue as well as the issues to be decided in the context of Plaintiffs' Motion for Preliminary Injunction, and whether any party needs additional discovery to address the issues raised in that Motion and any responses thereto. Signed by the Honorable Jeffrey T. Gilbert on 6/30/2016. Mailed notice (ber, ) (Entered: 06/30/2016)

MOTION by Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice for leave to file excess pages (Crowley, Megan) (Entered: 07/01/2016)

NOTICE of Motion by Megan Anne Crowley for presentment of motion for leave to file excess pages 66 before Honorable Jeffrey T. Gilbert on 7/7/2016 at 10:00 AM. (Crowley, Megan) (Entered: 07/01/2016)

MOTION by Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice for extension of time to respond to Complaint (Crowley, Megan) (Entered: 07/01/2016)

NOTICE of Motion by Megan Anne Crowley for presentment of extension of time 68 before Honorable Jorge L. Alonso on 7/7/2016 at 09:30 AM. (Crowley, Megan) (Entered: 07/01/2016)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Federal Defendants' Motion to File Memorandum of Law in Excess of 15 Pages 66 is granted. The Federal Defendants are given leave to file a 35-page memorandum of law in opposition to Plaintiffs' Motion for Preliminary Injunction. The motion hearing noticed for 7/7/16 at 10:00 a.m. is stricken with no appearance required. Mailed notice (ber, ) (Entered: 07/01/2016)

MOTION by Defendant School Directors of Township High School District 211, County of Cook and State of Illinois for leave to file excess pages Defendant Township High School District 211's Unopposed Motion for Leave to Exceed the Page Limit in Its Response to Plaintiffs' Motion for a Preliminary Injunction (Smith, Jennifer) (Entered: 07/06/2016)

Notice of Unopposed Motion NOTICE of Motion by Jennifer Ann Smith for presentment of motion for leave to file excess pages, 71 before Honorable Jeffrey T. Gilbert on 7/12/2016 at 09:15 AM. (Smith, Jennifer) (Entered: 07/06/2016)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Township High School District 211's Unopposed Motion for Leave to Exceed the Page Limit in Its Response to Plaintiffs' Motion for a Preliminary Injunction 71 is granted. The School District Defendants are given leave to file a 25-page Response to Plaintiffs' Motion for a Preliminary Injunction. The motion hearing noticed for 7/12/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, ) (Entered: 07/07/2016)

MOTION by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C for leave to file excess pages (Intervenor-Defendants' Unopposed Motion for Leave to Exceed the Page Limit in Their Response to Plantiffs' Motion for a Preliminary Injunction) (Miller, Britt) (Entered: 07/07/2016)

MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. For the reasons stated on the record, Government's motion for extension of time 68 is granted as follows: All Defendants shall answer, move, or otherwise respond to Plaintiffs' complaint 30 days after a ruling is issued on Plaintiffs' motion for preliminary injunction 21 . Notice mailed by judge's staff (ntf, ) (Entered: 07/07/2016)

(Unopposed) NOTICE of Motion by Britt Marie Miller for presentment of motion for leave to file excess pages, 74 before Honorable Jeffrey T. Gilbert on 7/12/2016 at 09:15 AM. (Miller, Britt) (Entered: 07/07/2016)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Intervenor-Defendants' Unopposed Motion for Leave to Exceed The Page Limit in Their Response to Plaintiffs' Motion for a Preliminary Injunction 74 is granted. Intervenor-Defendants are given leave to file a 20-page Response to Plaintiffs' Motion for a Preliminary Injunction. The motion hearing noticed for 7/12/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, ) (Entered: 07/08/2016)

RESPONSE by School Directors of Township High School District 211, County of Cook and State of Illinois to MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for preliminary injunction 21 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Smith, Jennifer) (Entered: 07/08/2016)

RESPONSE by Illinois Safe Schools Alliance, Student A, Student B, Student C to MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for preliminary injunction 21 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3 - Ex. A, # 5 Exhibit 3 - Ex. B)(Miller, Britt) (Entered: 07/08/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 3 - Ex. A

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5 Exhibit 3 - Ex. B

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MEMORANDUM by John B. King, Jr, Loretta E. Lynch, School Directors of Township High School District 211, County of Cook and State of Illinois, Student A, Student B, Student C, United States Department of Education in Opposition to motion for preliminary injunction, 21 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Crowley, Megan) (Entered: 07/08/2016)

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tedesco, Jeremy) (Entered: 07/08/2016)

NOTICE of Motion by Jeremy David Tedesco for presentment of motion for discovery 81 before Honorable Jorge L. Alonso on 7/13/2016 at 09:30 AM. (Tedesco, Jeremy) (Entered: 07/08/2016)

(JUDGE CORRECTED IN ECF) NOTICE of Motion by Jeremy David Tedesco for presentment of motion for discovery 81 before Honorable Jeffrey T. Gilbert on 7/13/2016 at 09:30 AM. (Tedesco, Jeremy) (Entered: 07/11/2016)

ATTORNEY Appearance for Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice by Sheila M. Lieber (Lieber, Sheila) (Entered: 07/12/2016)

RESPONSE by Illinois Safe Schools Alliance, Student A, Student B, Student Cin Opposition to MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for discovery 81 Motion to Conduct Limited, Expedited Discovery of Intervenor-Defendants. (Miller, Britt) (Entered: 07/12/2016)

ORDER: Plaintiffs' Motion to Conduct Limited, Expedited Discovery of Intervenor Defendants 81 is denied. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 7/13/2016. Mailed notice (ber, ) (Entered: 07/13/2016)

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for leave to file excess pages (Tedesco, Jeremy) (Entered: 07/15/2016)

ORDER: Upon further reflection and after reviewing again Defendants' and Intervenor-Defendants' response briefs filed on 7/8/16, the Court has reconsidered its ruling entered earlier this week 86 denying Plaintiffs' Motion to Conduct Limited, Expedited Discovery of Intervenor-Defendants 81 . The Court now understands better why Plaintiffs want to serve the requests for admission attached to their Motion as Exhibit A [81-1] and concludes that the record on Plaintiffs' Motion for Preliminary Injunction 21 should include responses to those requests for admission. Although the Court continues to believe that Intervenor-Defendants objection to responding to Plaintiffs' requests for admission, grounded in Rule 26(c) of the Federal Rules of Civil Procedure (annoyance, embarrassment, oppression, or undue burden), has merit, the Court now is of the opinion that Plaintiffs reason for developing the record in support of their Motion for Preliminary Injunction with these limited requests for admission outweighs Intervenor- Defendants' interest in not being required to respond to them. The Court, however, grants Plaintiffs Motion to Conduct Limited, Expedited Discovery of Intervenor-Defendants 81 only in part. The only Intervenor-Defendant that must answer the requests for admission is Student A by and through Student A's parent or legal guardian. Further, it appears unnecessary for Student A to respond to Plaintiffs' Interrogatory No. 1, Exhibit B to Plaintiffs Motion [81-2], at this time given the proviso in Rule 36(a)(4) of the Federal Rules of Civil Procedure that if a matter is not admitted, the answering party must state in detail why the answering party cannot truthfully admit or deny it. Accordingly, the Court trusts that Rule 36 provides a sufficient vehicle for Plaintiffs to develop the record on the matters set forth in their requests for admission. Accordingly, for these reasons, the Court, on its own motion, hereby vacates its Order entered on 7/13/16 86 and, instead, grants in part and denies in part Plaintiffs' Motion to Conduct Limited, Expedited Discovery of Intervenor Defendants 81 . Intervenor-Defendant Student A by and through Student As parent or legal guardian shall answer Plaintiffs requests for admission by 7/21/16. Plaintiffs' time to file their reply brief is extended to 7/26/16. Signed by the Honorable Jeffrey T. Gilbert on 7/15/2016. Mailed notice(ber, ) (Entered: 07/15/2016)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiffs' Motion to File a Twenty-Five Page Preliminary Injunction Reply Memorandum 87 is granted. Mailed notice (lxs, ) (Entered: 07/19/2016)

TRANSCRIPT OF PROCEEDINGS held on July 13, 2016 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/10/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/18/2016. (Cox, Carolyn) (Entered: 07/20/2016)

STIPULATION (Joint Stipulation Regarding Intervenor-Defendants' Responses To Plaintiffs' First Set Of Requests For Admission) (Miller, Britt) (Entered: 07/20/2016)

ORDER ON JOINT STIPULATION REGARDING INTERVENOR-DEFENDANTS' RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS FOR ADMISSION Signed by the Honorable Jeffrey T. Gilbert on 7/21/2016.Mailed notice(lxs, ) (Entered: 07/21/2016)

MINUTE entry before the Honorable Jeffrey T. Gilbert: In response to telephone inquiries to chambers concerning the hearing on Plaintiffs' Motion for Preliminary Injunction 21 currently scheduled for 8/3/16 and the Court's preferred time allocations for oral argument at that hearing, the Court suggests the following allocations: Plaintiffs will take up to 30 minutes for an opening presentation; the Federal Defendants together, the District Defendants and Intervenor-Defendants will each take up to 20 minutes for any separate presentations; and Plaintiffs will take up to 20 minutes for any rebuttal. The Court does not need any party to regurgitate verbatim what they have said in their briefs. Rather, the Court encourages presentations that hit the high points, focus on or summarize the key facts or law upon which a party relies, and emphasize what a party believes to be the fundamental or key weakness(es) in an opponents position. The Court also will have some questions for the parties. If these proposed time allocations are not acceptable, then the parties should feel free to submit a letter to chambers with their alternative proposal(s). The Court continues to reserve the option to continue the 8/3/16 hearing as it mentioned at an earlier hearing if it believes that is necessary. Mailed notice (ber, ) (Entered: 07/26/2016)

REPLY by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. to MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for preliminary injunction 21 (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)(La Rue, Joseph) (Entered: 07/26/2016)

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 8

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9 Exhibit 9

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MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. to seal Plaintiffs' Reply Memorandum in Support of Their Preliminary Injunction Motion, and Exhibit 10 (Attachments: # 1 Declaration of Joseph E. La Rue)(La Rue, Joseph) (Entered: 07/26/2016)

NOTICE of Motion by Joseph E La Rue for presentment of motion to seal, 95 before Honorable Jeffrey T. Gilbert on 8/2/2016 at 09:15 AM. (La Rue, Joseph) (Entered: 07/26/2016)

ATTORNEY Appearance for Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice by Benjamin Leon Berwick (Berwick, Benjamin) (Entered: 07/27/2016)