Case: B.P.J. v. West Virginia State Board of Education

2:21-cv-00316 | U.S. District Court for the Southern District of West Virginia

Filed Date: May 26, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

The state of West Virginia passed HB 3293 in April of 2021, and it was set to go into effect on July 8, 2021, before the start of the 2021-22 school year. HB 3293 mandated that all athletic teams or sports sponsored by any public schools in West Virginia are to be designated as either male or female on the basis of biological sex alone, and further dictated that “[a]thletic teams or sports designated for females, women, or girls shall not be open to students of the male sex where selection of s…

The state of West Virginia passed HB 3293 in April of 2021, and it was set to go into effect on July 8, 2021, before the start of the 2021-22 school year. HB 3293 mandated that all athletic teams or sports sponsored by any public schools in West Virginia are to be designated as either male or female on the basis of biological sex alone, and further dictated that “[a]thletic teams or sports designated for females, women, or girls shall not be open to students of the male sex where selection of such teams is based upon competitive skill or the activity involved is a contact sport.” There was no parallel provision in HB 3293 for boys’ teams.

In response to the passage of HB 3293, on May 26, 2021, an eleven-year-old transgender girl who wanted to try out for the girls’ cross-country and track teams in her Harrison County middle school, by and through her mother, filed this lawsuit in the United States District Court for the Southern District of West Virginia. Represented by the ACLU, Lambda Legal, and private counsel, the plaintiff brought her lawsuit against the West Virginia State Board of Education (WVBOE), Harrison County Board of Education (HCBOE), West Virginia Secondary School Activities Commission (WVSSAC), the West Virginia State Superintendent, and the Harrison County Superintendent. She alleged that HB 3293 deprived her daughter of equal protection under the Fourteenth Amendment and Title IX, and sought declaratory relief, attorneys’ fees, and preliminary and permanent injunctive relief enjoining defendants from enforcing HB 3293. This case was assigned to district judge Joseph R. Goodwin and magistrate judge Dwane Tinsley.

Contemporaneously with her complaint, plaintiff also filed a motion for preliminary injunction, asking that the court enjoin defendants from enforcing any aspect of HB 3293 that would prevent her daughter from participating in her school’s girls’ cross-country and track teams. In a supporting memorandum filed on June 2, 2021, the plaintiff argued that because HB 3293 explicitly targets transgender people—and specifically transgender girls—the court must apply heightened scrutiny. The plaintiff argued that HB 3293 cannot survive strict scrutiny because it did not serve defendants’ purported justification of protecting girls’ opportunities in sports. The plaintiff also argued that without a preliminary injunction, her duaghter would suffer irreparable harm because (1) her constitutional rights would be violated, (2) she would miss out on participating in middle school sports, an opportunity which she could not get back, and (3) she would be subject to West Virginia’s communication of its moral disapproval of her identity, which the constitution prohibits.

On June 17, 2021, the state of West Virginia filed a motion to intervene in this case, asking the court to admit the state as a party so West Virginia could defend the constitutionality of HB 3293. The court granted the motion to intervene the next day. Also on June 17, 2021, the United States filed a statement of interest in the case arguing that the Fourteenth Amendment and Title IX do not permit West Virginia to categorically exclude transgender girls from participating in single-sex sports restricted to girls.

All five defendants in this case filed their motions to dismiss on the first two days of July. The WVBOE and the state superintendent argued that the claims against them should be dismissed because the plaintiff lacked standing against them, since the WVBOE and state superintendent had not yet written or implemented specific rules to enforce HB 3293. They also argued that the claims against the state superintendent and WVBOE were duplicative, and as such, the court should at least dismiss the claims against the state superintendent. The WVSSAC similarly argued that the claims against them should be dismissed because WVSSAC had taken no action, nor been called upon to take any action, to enforce HB 3293, and because of this WVSSAC could not provide the relief that the plaintiff sought. Finally, the HCBOE and Harrison County Superintendent argued that the claims against them should be dismissed because the county was only following state law, and as such could not provide plaintiff with the relief she sought. All defendants, along with the intervening state of West Virginia, argued that HB 3293 does not violate Title IX or the Equal Protections clause because it treats all people equally, according to their biological sex.

On July 16, 2021, the plaintiff filed an amended complaint, which incorporated the attorney general of West Virginia and the state of West Virginia as additional defendants.

The court granted plaintiff’s motion for preliminary injunction on July 21, 2021. 550 F.Supp.3d 347. Finding that HB 3293 indisputably discriminates based on transgender status, the court applied heightened scrutiny. The judge expressed skepticism that the state’s proffered interest in protecting girls’ participation in sports was genuine, but even assuming it was, the judge nevertheless found that HB 3293 was not substantially related to said objective. The court found that the plaintiff had offered sufficient evidence that due to puberty blockers, her daughter would have no inherent physical advantage over the cisgender girls on the middle school sports teams, nor could she possibly pose any danger to other girls because cross-country and track are not contact sports. Furthermore, transgender people made up a very small percent of the population—and the plaintiff’s daughter was the only transgender girl in her class—so permitting her to participate on the sports teams could not take away opportunities of other girls. Given these facts, the court found that HB 3293 impermissibly treated the plaintiff’s daughter worse that similarly situated cisgender girls, and therefore likely violated the Fourteenth Amendment and Title IX. Finally, the court also found that without a preliminary injunction, the plaintiff’s daughter would be irreparably harmed because her constitutional rights would be violated, and she would face unnecessary distress and stigma. For these reasons, the court granted preliminary injunction, enjoining defendants from enforcing HB 3293 against plaintiffs’ daughter and requiring that they allow her to participate in the girls’ cross-county and track teams at her school.

A week later, on July 28, 2021, the court denied defendants’ motions to dismiss as moot, permitting them to re-file motions to dismiss that were responsive to plaintiff’s amended complaint. On July 30, 2021, defendants refiled their motions to dismiss, largely making the same arguments that they offered in their prior motions to dismiss. The attorney general of West Virginia, similar to other defendants, argued that he should be dismissed as a defendant because he had little to no control over the enforcement of HB 3293, and as such could not provide the relief that plaintiff sought. The state defendant of West Virginia did not file a motion to dismiss, instead filing an answer to the plaintiff’s amended complaint. In their answer, West Virginia claimed several affirmative defenses, including that plaintiff lacked standing, that her claims were unripe, that the state was entitled to sovereign immunity under the Eleventh Amendment, and that plaintiff’s claims were contrary to the sovereign interests of the state under the Tenth Amendment. The state of West Virginia also requested a trial by jury.

The plaintiff filed her opposition to defendants’ motions to dismiss on August 13, 2021, and filed a motion to strike the jury demand in West Virginia’s answer to her amended complaint. The plaintiff argued that because she requested only equitable relief through declaratory and injunctive relief, and no damages, defendants were not entitled to a jury trial. On the other hand, West Virginia argued that they were constitutionally entitled to a jury trial under the Seventh Amendment because it was settled law that a party is entitled to a jury to resolve Fourteenth Amendment claims, and Title IX claims similarly had been decided by juries in practice.

The same day, the plaintiff and the Attorney General of West Virginia filed a joint motion to dismiss the Attorney General as a defendant from the case.

On September 10, 2021, a cisgender woman on the women’s soccer team at West Virginia State University filed a motion to intervene in the case. She argued that as a college athlete, she had a significant interest that could be affected by this case; that she would not burden or prejudice the plaintiff in the case; and that she would put forward arguments distinct from those offered by the named defendants. The plaintiff opposed her motion to intervene, but the court granted her motion on December 1, 2021. The court specifically found that she sought to defend HB 3923 as a member of the class of people for whom the law was purportedly written, and as such she would “add a perspective not represented by any of the current defendants.” The court similarly agreed with the intervenor college athlete that her intervention in the case would not prejudice or burden the proceedings, and that she would offer arguments distinct from those offered by the defendants.

On December 1, 2021, the court entered several opinions ruling on defendants’ motions to dismiss. First, the court granted parties’ joint motion to dismiss the Attorney General of West Virginia from the case, and denied the Attorney’s General motion to dismiss as moot. The court then denied the remaining defendants’ motions to dismiss. The court found that the plaintiff had sufficiently shown that each defendant, acting under the color of state law, had discriminated against her on the basis of sex. The court also found specifically that discrimination based on transgender status is necessarily discrimination based on sex, citing to Grimm v. Gloucester from the Fourth Circuit, and Bostock v. Clayton from the United States Supreme Court.

The court then granted plaintiff’s motion to strike defendants’ jury demand on March 30, 2022. The court agreed with the plaintiff, finding that actions for declaratory relief, injunctive relief, and nominal damages do not trigger the right to a jury trial. However, the court also reserved the right to empanel and advisory jury.

On April 21, 2022, all parties filed cross motions for summary judgment. The WVBOE, HCBOE, WVSSAC, West Virginia State Superintendent, and Harrison County Superintendent all essentially repeated the same arguments from their motions to dismiss. The state of West Virginia contended that the court should grant them summary judgment because HB 3293 treats all biological males—and all biological females—the same, regardless of their gender identity. In other words, all biological boys, regardless of whether they identify as boys or girls, are precluded under HB 3293 from participating in girls’ sports. Because there is no disparate treatment based on transgender status, the state argues, HB 3293 does not trigger heightened scrutiny. Furthermore, even if the court applies heightened scrutiny, the state’s interest in protecting women’s and girls’ safety and opportunities in sports justifies the sex-based classifications made in HB 3293. For this reason, plaintiff’s facial challenge to HB 3293 fails, and her as-applied challenge also fails because the plaintiff’s daughter, although unable to beat all biological girls in field and track, did beat and thereby displace some of them. West Virginia further argued that plaintiff’s Title IX claim failed because “sex” under Title IX means biological sex, and HB 3293 protects biological women in sports. In her separate motion for summary judgment, the intervenor college athlete repeated many of the state’s arguments, emphasizing that Title IX deals with sex, not gender identity.

The plaintiff filed her motion for summary judgment on the same day, in large part repeating her arguments from her motion for preliminary injunction.

While the parties’ motions for summary judgment were pending before the court, on May 12, 2022, the parties also filed a series of contentious motions to exclude certain evidence. Most notably, the state of West Virginia and the intervenor college athlete moved to exclude testimony from doctors providing evidence that pre-pubescent transgender girls taking hormone blockers have no inherent advantage over cisgender girls in sports. On the other hand, the plaintiff moved to exclude expert testimony from doctors providing evidence that allowing transgender women to compete in women’s sports, regardless of the transgender woman’s level of testosterone, places the safety and competitiveness of women athletes in greater risk. Each party argued that the opposing side’s experts either lacked the required expertise or employed unsound methodology.

On May 26, 2022, the plaintiff moved for the court to reconsider their admission of the intervenor college athlete in this case. The plaintiff argued that the intervenor college athlete had in practice disproven the considerations under which the court admitted her. First, although the court admitted her because she represented the class of people that HB 3293 was purportedly written for—cisgender female athletes—the intervenor college athlete had since graduated from West Virginia State University and moved to Florida. Second, the court admitted her in part based on her insistence that she would present arguments distinct from those offered by the named defendants. However, she had not offered on the record any of the arguments she insisted that she would provide when she first moved to intervene in this case. Finally, although the court admitted her under the presumption that she would not prejudice or burden the plaintiff, her conduct during discovery prejudiced the plaintiff. The plaintiff had to respond to respond to separate but often overlapping sets of discovery requests and briefs, and the intervenor college athlete did not timely disclose her graduation and plans to move to the plaintiff.

The court decided all motions pending before it on January 5, 2023, in a memorandum opinion order denying WVSSAC’s motion for summary judgment, granting defendants’ and intervenor college athlete’s motions for summary judgment, and denying plaintiff’s motion for summary judgment. 649 F.Supp.3d 220. In the court’s opinion, the judge first denied WVSSAC’s motion for summary judgment. The WVSSAC had argued that they were not a state actor, and as such could not have violated the Fourteenth Amendment or Title IX. The court rejected this argument, finding that WVSSAC is pervasively entwined with the state because it could not exist without the state, and the state could not manage statewide secondary schools without it. The judge then turned to the competing arguments presented by the plaintiff versus those presented by the remaining defendants and the intervenor college student. Applying heightened scrutiny, the court held that the West Virginia “legislature’s definition of ‘girl’ as being based on ‘biological sex’ is substantially related to the important government interest of providing equal athletic opportunities for females.” Therefore, on the Equal Protection claim, the court found in favor of the defendants. Regarding plaintiff’s Title IX claim, the court found that HB 3293 largely mirrors Title IX by separating school sports based on biological sex, and as such the law could not be in violation of Title IX. Although the judge acknowledged that hormone blockers could equal the competitive playing field in girls’ sports between cisgender and transgender girls, he also stated that not all transgender girls take such hormone blockers, and he therefore found in favor of the defendants on both claims and upheld the legality of HB 3293. Having found in favor of defendants, the court dismissed all other pending motions as moot, and lifted the preliminary stay, allowing HB 3293 to go into effect. The court then directed the clerk to dismiss the case.

On January 20, 2023, the plaintiff indicated to the district court her intent to appeal the court’s summary judgment order, and filed a motion to stay the court’s order pending appeal. The plaintiff appealed the court’s summary judgment order to the United States Circuit Court for the Fourth Circuit on January 24, 2023 (23-1078). The WVSSAC also appealed the district court’s summary judgment order on February 6, 2023 (23-1130). The Fourt Circuit filed an order consolidating both appeals on the same day.

After considering plaintiff’s motion to stay pending appeal and defendants’ oppositions, on February 7, 2023, the district court denied plaintiff’s motion.  2023 WL 1805883. The district court acknowledged that the enforcement of HB 3293 would irreparably harm the plaintiff’s daughter by denying her the opportunity to participate in her school’s girls’ sports teams, and that her participation in those sports teams was unlikely to harm anyone else. However, the court ultimately ruled against her motion because it found that she was unlikely to succeed on appeal for the same reasons laid out in the court’s summary judgment order.

The same day, on February 7, 2023, the plaintiff filed a motion for stay pending appeal in the Fourth Circuit, asking that the Fourth Circuit stay the district court’s summary judgment order and allow the preliminary injunction to stay in place pending the appeal. After considering plaintiff’s motion and defendants’ opposing briefs, the Fourt Circuit granted plaintiff’s motion on February 22, 2023. 2023 WL 2803113. The Fourth Circuit did not explain their reasoning in the one-page order but ruled in the plaintiff’s favor in a two to one decision, with Judges Pamela Ann Harris and Toby Jay Heytens issuing the order and Judge George Steven Agee dissenting. Following the Fourth Circuit’s order, the case proceeded with the preliminary injunction still in place, prohibited defendants from enforcing HB 3293 and allowing the plaintiff’s daughter to continue to participate on the girls’ sports teams at her school.

On April 3, 2023, there were seven amicus briefs filed in the Fourth Circuit in support of the plaintiff and a permanent injunction prohibiting the enforcement of HB 3293 in West Virginia. The amici filing these briefs included the United States; Seventeen states and the District of Columbia; The American Academy of Pediatrics, the American Medical Association, and four additional leading medical, mental health, and other health care organizations “represent[ing] hundreds of thousands of physicians and mental-health professionals, including specialists in family medicine, internal medicine, pediatrics, women’s health, endocrinology, and transgender health”; Thirty-five “current and former individual athletes in international, Olympic, and professional women’s sports, and non-profit organizations including National Women’s Soccer League Players Association, the Women’s Sports Foundation, and Athlete Ally”; Eight transgender women athletes “who have had life-changing opportunities through participating in a range of different levels of sports around the country; the Trevor Project; and the National Women’s Law Center and “51 additional organizations committed to gender justice, including the rights of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) individuals, and to protecting women and girls from discrimination, including women and girls of color from discrimination on the basis of race and sex.”

Between May 2 and May 4, 2023, there were approximately eleven amicus briefs filed in support of defendants and the upholding of HB 3293. The amici filing these briefs included seventeen states; Thomas More Society, National Association of Evangelicals; Concerned Women for America and Samaritan’s Purse; Institute for Faith and Family; Twenty-five athletic officials and coaches of female athletes; Five female Olympic rowers; Twenty-two business executives; International Consortium on Female Sport; Seventy-eight female athletes, coaches, sports officials, and parents of female athletes; Public Advocate of the United States, America’s Future, U.S. Constitutional Rights Legal Defense Fund, One Nation Under God Foundation, Fitzgerald Griffin Foundation, and Conservative Legal Defense and Education Fund; Parents Defending Education; and Independent Women’s Law Center.

Amid the amici curae filing their briefs, on March 9, 2023. defendants and the intervenor college athlete filed an application with the United States Supreme Court, asking that the court vacate the injunction entered by the Fourth Circuit pending appeal (22A800). On April 6, 2023, the United States Supreme Court denied their application without writing an opinion, and with Justice Thomas and Alito dissenting. 143 S.Ct. 889.

On July 11, 2023, the state of West Virginia and the intervenor college athlete then filed a motion asking the Fourth Circuit to suspend the injunction pending appeal. They specifically argued that despite plaintiff’s assurances to the contrary, her daughter was performing ahead of her cisgender girls on her middle school sports teams, thereby competitively displacing these cisgender girls and rendering the injunction detrimental to the public interest. Because the 2023-24 school year and school sports seasons were about to start, West Virginia and intervenor college athlete asked the Fourth Circuit to enjoin the plaintiff’s daughter from participating in her school’s girls’ sports teams. In her opposition, the plaintiff argued that her daughter, while having improved due to hard work and practice, still performed behind many cisgender teammates. On August 4, 2023, the Fourt Circuit—again in a two-to-one split decision—denied West Virginia and the intervenor college athlete’s motion. The majority found that the motion at issue impermissibly attempted to relitigate issues that had already been submitted and litigated, and that West Virginia and the intervenor college athlete failed to meet their burden of showing a “significant change in either factual conditions or the law” that would warrant a suspension of injunction pending appeal.

The Fourth Circuit heard oral argument on October 27, 2023. As of November 28, 2023, the Fourth Circuit has not yet issued an opinion regarding plaintiff’s appeal.

Summary Authors

Sarah Portwood (11/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59937829/parties/b-p-j-v-west-virginia-state-board-of-education/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Bandy, Kimberly M. (West Virginia)

Expert/Monitor/Master/Other

Attorney, Bonnie Ilene (- United States (national) -)

Baldi, Maxwell A. (- United States (national) -)

Barday, Shireen A. (- United States (national) -)

Barham, Travis Christopher (West Virginia)

Judge(s)

Goodwin, Joseph Robert (West Virginia)

Expert/Monitor/Master/Other

Attorney, Bonnie Ilene (- United States (national) -)

Baldi, Maxwell A. (- United States (national) -)

Barday, Shireen A. (- United States (national) -)

Barham, Travis Christopher (West Virginia)

Barkdull, Annika Boone (- United States (national) -)

Belz, J. Matthew (- United States (national) -)

Belz, Timothy (- United States (national) -)

Bird, Brenna (- United States (national) -)

Bock, William Bock (- United States (national) -)

Bonta, Robert (- United States (national) -)

Boyd, Reese (- United States (national) -)

Boyer, Richard D. (- United States (national) -)

Braceras, Jennifer C. (- United States (national) -)

Brewer, J. Mark (- United States (national) -)

Bronni, Nicholas J. (- United States (national) -)

Brooks, Roger Greenwood (West Virginia)

Brown, David Patrick (- United States (national) -)

Brown, Joshua D. (West Virginia)

Brown, Kristine L. (- United States (national) -)

Brown, Anthony G. (- United States (national) -)

Buffington, Douglas P. (West Virginia)

Bursch, John J. (- United States (national) -)

Callaghan, Joseph M. (- United States (national) -)

Cameron, Daniel (- United States (national) -)

Campbell, Andrea Joy (- United States (national) -)

Capehart, Curtis R. (West Virginia)

Carr, Christopher M. (- United States (national) -)

Chandy, Sunu (- United States (national) -)

Child, Sarah Elizabeth (- United States (national) -)

Cipolla, Matthew D. (- United States (national) -)

Clark, Charity R. (- United States (national) -)

Clarke, Kristen (- United States (national) -)

Connolly, John Michael (- United States (national) -)

Csutoros, Rachel (West Virginia)

Dansky, Kara Patrice (- United States (national) -)

Daugherty, Donald Ray (- United States (national) -)

Davenport, Spencer J. (- United States (national) -)

Davies, Mark Christopher (- United States (national) -)

Dewart, Deborah Jane (- United States (national) -)

Ducar, Timothy D. (West Virginia)

Ellison, Keith (- United States (national) -)

Ellsworth, Jessica Lynn (- United States (national) -)

Fernandes, Kaliko'Onalani D. (- United States (national) -)

Fitch, Lynn (- United States (national) -)

Frampton, Henry W. (West Virginia)

Frey, Aaron M. (- United States (national) -)

General, Robert Bonta, (- United States (national) -)

General, Curtis R. (- United States (national) -)

General, Phil Weiser, (- United States (national) -)

General, Barbara D. (- United States (national) -)

General, William Tong, (- United States (national) -)

General, Ellen F. (- United States (national) -)

General, Kwame Raoul, (- United States (national) -)

General, Matthew J. (- United States (national) -)

General, Dana Nessel, (- United States (national) -)

General, Peter F. (- United States (national) -)

General, Keith Ellison, (- United States (national) -)

General, Charity R. (- United States (national) -)

General, Andrea Joy (- United States (national) -)

General, Anthony G. (- United States (national) -)

Gibson, Robert Daniel (- United States (national) -)

Golden, Kaitlyn (- United States (national) -)

Graves, Fatima Goss (- United States (national) -)

Green, Illyana A. (- United States (national) -)

Griffin, Tim (- United States (national) -)

Grube, Mark Stephen (- United States (national) -)

Guidry, Kimberly T. (- United States (national) -)

Hasson, James (- United States (national) -)

Hecker, Elizabeth Parr (- United States (national) -)

Hilgers, Michael T. (- United States (national) -)

Hudson, Abbey J. (- United States (national) -)

Iannucci, Hunter (- United States (national) -)

Jackley, Marty J. (- United States (national) -)

Jacobs, Dylan L. (- United States (national) -)

Jacobs, Edward John (- United States (national) -)

James, Letitia (- United States (national) -)

Jennings, Kathleen (- United States (national) -)

John, Anna St. (- United States (national) -)

Keller, Sarah (- United States (national) -)

Kiefer, Christiana M. (West Virginia)

Knudsen, Austin (- United States (national) -)

Kobach, Kris W. (- United States (national) -)

Kroeger, David M. (- United States (national) -)

Labrador, Raul R. (- United States (national) -)

LaCour, Edmund Gerard (- United States (national) -)

Lamm, Emily Maxim (- United States (national) -)

Landry, Jeff (- United States (national) -)

Langhofer, Tyson Charles (West Virginia)

Lee, Bethany C. (- United States (national) -)

Lee, Jessica Anne (West Virginia)

Lee, Chasel (- United States (national) -)

Lopez, Anne E. (- United States (national) -)

Mankins, Jennifer M. (West Virginia)

Marshall, Steve (- United States (national) -)

Martin, Emily J. (- United States (national) -)

McSweeney, Patrick Michael (- United States (national) -)

Mills, Christopher Ernest (- United States (national) -)

Miyares, Jason S. (- United States (national) -)

Morgan, Jeremiah L. (- United States (national) -)

Morgan, Kerry L. (- United States (national) -)

Morrisey, Patrick (- United States (national) -)

Neronha, Peter F. (- United States (national) -)

Nessel, Dana (- United States (national) -)

Newman, Grant A. (- United States (national) -)

Olson, Robert Jeffrey (- United States (national) -)

Olson, William Jeffery (- United States (national) -)

Park, Sydney Wallace (- United States (national) -)

Patel, Shiwali (- United States (national) -)

Paxton, Ken (- United States (national) -)

Perino, Auden (- United States (national) -)

Platkin, Matthew J. (- United States (national) -)

Raoul, Kwame (- United States (national) -)

Reyes, Sean (- United States (national) -)

Rokita, Theodore E. (- United States (national) -)

Rouleau, Rachel (West Virginia)

Sabella, Michael Anthony (- United States (national) -)

Salario, Samuel Joseph (- United States (national) -)

Schaerr, Gene C. (- United States (national) -)

Schulcz, Arthur A. (- United States (national) -)

Schwalb, Brian Lawrence (- United States (national) -)

Scruggs, Jonathan (West Virginia)

Sechler, Philip A. (West Virginia)

Secola, Joseph P. (- United States (national) -)

See, Lindsay Sara (- United States (national) -)

Squires, Cristina Martinez (- United States (national) -)

Steele, Brandon S. (West Virginia)

Suskin, Howard S. (- United States (national) -)

Tanney, Michelle Nicole (- United States (national) -)

Templin, Hannah L. (- United States (national) -)

Tong, William (- United States (national) -)

Tryon, David Christian (West Virginia)

Urness, Devin (- United States (national) -)

Vale, Judith (- United States (national) -)

Vaughan, Aria (West Virginia)

Wall, Henry Pickett (- United States (national) -)

Warner, Jacob P. (- United States (national) -)

Weiser, Phil (- United States (national) -)

Westfall, Fred B. (West Virginia)

Widmalm-Delphonse, Johannes (West Virginia)

Williams, Michael Ray (- United States (national) -)

Wilson, Alan (- United States (national) -)

show all people

Documents in the Clearinghouse

Document
1

2:21-cv-00316

Complaint

May 26, 2021

May 26, 2021

Complaint
42

2:21-cv-00316

Statement of Interest of the United States

June 17, 2021

June 17, 2021

Pleading / Motion / Brief
44

2:21-cv-00316

Order

June 18, 2021

June 18, 2021

Order/Opinion
64

2:21-cv-00316

First Amended Complaint

July 16, 2021

July 16, 2021

Complaint
67

2:21-cv-00316

Memorandum Opinion & Order

July 21, 2021

July 21, 2021

Order/Opinion
69

2:21-cv-00316

Order

July 28, 2021

July 28, 2021

Order/Opinion
127

2:21-cv-00316

Order

Nov. 30, 2021

Nov. 30, 2021

Order/Opinion
129

2:21-cv-00316

Memorandum Opinion and Order

Dec. 1, 2021

Dec. 1, 2021

Order/Opinion
128

2:21-cv-00316

Order

Dec. 1, 2021

Dec. 1, 2021

Order/Opinion
130

2:21-cv-00316

Memorandum Opinion and Order

B.P.J.,et al. v. West Virginia State Board of Education

Dec. 1, 2021

Dec. 1, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59937829/b-p-j-v-west-virginia-state-board-of-education/

Last updated Nov. 24, 2023, 9:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing Fee $402.00. Receipt # CHAR019069. (Attachments: # 1 Declaration of Loree Stark, # 2 Proposed Summons as to Dora Stutler, # 3 Proposed Summons as to Harrison County Board of Education, # 4 Proposed Summons as to W. Clayton Burch, # 5 Proposed Summons as to West Virginia Secondary School Activities Commission, # 6 Proposed Summons as to West Virginia State Board of Education, # 7 Receipt, # 8 Civil Cover Sheet) (kew)

1 Declaration of Loree Stark

View on RECAP

2 Proposed Summons as to Dora Stutler

View on RECAP

3 Proposed Summons as to Harrison County Board of Education

View on RECAP

4 Proposed Summons as to W. Clayton Burch

View on RECAP

5 Proposed Summons as to West Virginia Secondary School Activities Commission

View on RECAP

6 Proposed Summons as to West Virginia State Board of Education

View on RECAP

7 Receipt

View on RECAP

8 Civil Cover Sheet

View on RECAP

May 26, 2021

May 26, 2021

Clearinghouse

Case Assigned

May 26, 2021

May 26, 2021

PACER
2

MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Attachments: # 1 Declarations of Joshua Safer and Heather Jackson, # 2 Proposed Order) (kew)

1 Declarations of Joshua Safer and Heather Jackson

View on RECAP

2 Proposed Order

View on RECAP

May 26, 2021

May 26, 2021

RECAP
3

MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation with proposed document attached (Attachments: # 1 Exhibit A, # 2 Proposed Order) (kew)

May 26, 2021

May 26, 2021

PACER

CASE assigned to Judge Joseph R. Goodwin. (klc)

May 26, 2021

May 26, 2021

PACER
4

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

May 26, 2021

May 26, 2021

PACER
5

ELECTRONIC SUMMONS ISSUED as to W. Clayton Burch, Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons Issued as to Harrison County Board of Education, # 2 Summons Issued as to W. Clayton Burch, # 3 Summons Issued as to West Virginia Secondary School Activities Commission, # 4 Summons Issued as to West Virginia State Board of Education) (kew)

May 26, 2021

May 26, 2021

PACER
6

STATEMENT OF VISITING ATTORNEY from Joshua A. Block on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955402. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew).

May 27, 2021

May 27, 2021

PACER
7

STATEMENT OF VISITING ATTORNEY from Avatara Smith-Carrington on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # BWVSDC-7955405. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew).

May 27, 2021

May 27, 2021

PACER
8

STATEMENT OF VISITING ATTORNEY from Tara L. Borelli on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955408. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew).

May 27, 2021

May 27, 2021

PACER
9

STATEMENT OF VISITING ATTORNEY from Carl S. Charles on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7955410. (Stark, Loree) (Modified on 5/28/2021 to add party filer) (kew).

May 27, 2021

May 27, 2021

PACER
10

SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint. (Stark, Loree)

May 27, 2021

May 27, 2021

PACER
11

SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Motion for Preliminary Injunction. (Stark, Loree)

May 27, 2021

May 27, 2021

PACER
12

SUPPLEMENTAL CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Motion to File Brief in Excess of the Page Limitation. (Stark, Loree)

May 27, 2021

May 27, 2021

PACER
13

SUMMONS RETURNED EXECUTED for West Virginia State Board of Education, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. West Virginia State Board of Education served on 5/28/2021, answer due 6/18/2021. (Stark, Loree)

June 1, 2021

June 1, 2021

PACER
14

SUMMONS RETURNED EXECUTED for W. Clayton Burch, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. W. Clayton Burch served on 5/28/2021, answer due 6/18/2021. (Stark, Loree)

June 1, 2021

June 1, 2021

PACER
15

SUMMONS RETURNED EXECUTED for Dora Stutler, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. Dora Stutler served on 5/28/2021, answer due 6/18/2021. (Stark, Loree)

June 1, 2021

June 1, 2021

PACER
16

SUMMONS RETURNED EXECUTED for West Virginia Secondary School Activities Commission, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. West Virginia Secondary School Activities Commission served on 6/1/2021, answer due 6/22/2021. (Stark, Loree)

June 1, 2021

June 1, 2021

PACER
17

SUMMONS RETURNED EXECUTED for Harrison County Board of Education, re: 1 Complaint, 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation, 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. Harrison County Board of Education served on 6/1/2021, answer due 6/22/2021. (Stark, Loree)

June 1, 2021

June 1, 2021

PACER
18

ORDER granting 3 MOTION by B. P. J., Heather Jackson for Leave to File Brief in Excess of the Page Limitation; the Clerk is directed to docket the proposed document [ECF No. 3-1] as Plaintiffs' Memorandum in Support of Plaintiff's Motion for Preliminary Injunction. Signed by Judge Joseph R. Goodwin on 6/2/2021. (cc: counsel of record; any unrepresented party) (kew)

June 2, 2021

June 2, 2021

PACER
19

MEMORANDUM OF LAW by B. P. J., Heather Jackson in support of 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (docketed pursuant to #18 order) (kew)

June 2, 2021

June 2, 2021

RECAP
20

STATEMENT OF VISITING ATTORNEY from Andrew Barr on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958465. (Stark, Loree)

June 3, 2021

June 3, 2021

PACER
21

STATEMENT OF VISITING ATTORNEY from Julie Veroff on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958472. (Stark, Loree)

June 3, 2021

June 3, 2021

PACER
22

STATEMENT OF VISITING ATTORNEY from Kathleen Hartnett on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958489. (Stark, Loree)

June 3, 2021

June 3, 2021

PACER
23

STATEMENT OF VISITING ATTORNEY from Katelyn Kang on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958498. (Stark, Loree)

June 3, 2021

June 3, 2021

PACER
24

STATEMENT OF VISITING ATTORNEY from Elizabeth Reinhardt on behalf of Heather Jackson, B. P. J. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7958508. (Stark, Loree)

June 3, 2021

June 3, 2021

PACER
25

SUPPLEMENTAL DECLARATION of Katelyn Kang by B. P. J., Heather Jackson is support of 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Barr, Andrew) (Modified on 6/10/2021 to correct link and to add party filer) (kew).

June 9, 2021

June 9, 2021

PACER
26

STATEMENT OF VISITING ATTORNEY from Sruti J. Swaminathan on behalf of Heather Jackson, B. P. J.. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7964227. (Stark, Loree)

June 10, 2021

June 10, 2021

PACER
27

EXPEDITED MOTION by B. P. J., Heather Jackson for a Scheduling Order. (Stark, Loree)

June 11, 2021

June 11, 2021

PACER
28

PROPOSED ORDER Order Granting Expedited Motion for a Scheduling Order by B. P. J., Heather Jackson. (Stark, Loree)

June 11, 2021

June 11, 2021

RECAP
29

ORDER denying 27 EXPEDITED MOTION by B. P. J., Heather Jackson for a Scheduling Order; Defendants' Response to Plaintiffs' Motion for a Preliminary Injunction is due on 6/16/2021; Plaintiffs' Reply to the Response is due 6/23/2021. Signed by Judge Joseph R. Goodwin on 6/14/2021. (cc: counsel of record; any unrepresented party) (kew)

June 14, 2021

June 14, 2021

RECAP
30

NOTICE OF APPEARANCE by Kelly C. Morgan on behalf of W. Clayton Burch, West Virginia State Board of Education. (Morgan, Kelly)

June 14, 2021

June 14, 2021

PACER
31

NOTICE OF ATTORNEY APPEARANCE by Roberta F. Green on behalf of West Virginia Secondary School Activities Commission. (Green, Roberta)

June 14, 2021

June 14, 2021

PACER
32

APPEARANCE OF COUNSEL by Susan L. Deniker on behalf of Harrison County Board of Education, Dora Stutler. (Deniker, Susan)

June 15, 2021

June 15, 2021

PACER
33

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant West Virginia Secondary School Activities Commission (Green, Roberta)

June 15, 2021

June 15, 2021

PACER
34

PROOF/CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint and Initial Pleadings to the Solicitor General of the Office of the West Virginia Attorney General Pursuant to FRCP 5.1(b). (Stark, Loree)

June 15, 2021

June 15, 2021

PACER
35

AMENDED PROOF/CERTIFICATE OF SERVICE by B. P. J., Heather Jackson for Complaint and Initial Pleadings to the Solicitor General of the Office of the West Virginia Attorney General Pursuant to FRCP 5.1(b). (Stark, Loree)

June 15, 2021

June 15, 2021

PACER
36

MOTION by Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, W. Clayton Burch for Amended Schedule. (Deniker, Susan) (Modified on 6/15/2021 to add party filer) (kew).

June 15, 2021

June 15, 2021

PACER
37

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Harrison County Board of Education (Deniker, Susan)

June 15, 2021

June 15, 2021

PACER
38

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants W. Clayton Burch, West Virginia State Board of Education (Morgan, Kelly)

June 15, 2021

June 15, 2021

PACER
39

ORDER denying 36 Unopposed Motion to Amend the Briefing Schedule; Defendants' Response to the 2 Motion for a Preliminary Injunction is due 6/23/2021; Plaintiffs' Reply is due 6/30/2021. Signed by Judge Joseph R. Goodwin on 6/15/2021. (cc: counsel of record; any unrepresented party) (kew)

June 15, 2021

June 15, 2021

PACER
40

UNOPPOSED MOTION by State of West Virginia to Intervene and for Proposed Response Deadline. (Capehart, Curtis)

June 17, 2021

June 17, 2021

RECAP

Set/Reset Deadlines

June 17, 2021

June 17, 2021

PACER
41

MEMORANDUM OF LAW by State of West Virginia in support of 40 UNOPPOSED MOTION by State of West Virginia to Intervene and for Proposed Response Deadline. (Capehart, Curtis)

June 17, 2021

June 17, 2021

RECAP
42

STATEMENT OF INTEREST by United States of America. (Vaughan, Aria)

June 17, 2021

June 17, 2021

Clearinghouse
43

STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING to 1 Complaint to 7/2/2021 by West Virginia State Board of Education, West Virginia Secondary School Activities Commission, Heather Jackson, B. P. J., Harrison County Board of Education, W. Clayton Burch, Dora Stutler. (Morgan, Kelly) (Modified on 6/17/2021 to add link to #1 complaint and to add party filers) (kew).

June 17, 2021

June 17, 2021

RECAP

SET ANSWER DEADLINES for W. Clayton Burch, Harrison County Board of Education, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education to 7/2/2021. (kew)

June 17, 2021

June 17, 2021

PACER
44

ORDER directing the 40 Unopposed Motion by State of West Virginia to Intervene is GRANTED; further directing the request for an additional two days to respond to Plaintiffs' Motion for a Preliminary Injunction is DENIED. Signed by Judge Joseph R. Goodwin on 6/18/2021. (cc: counsel of record; any unrepresented party) (ts)

June 18, 2021

June 18, 2021

Clearinghouse
45

MOTION by Harrison County Board of Education, Dora Stutler for Leave to Exceed the Page Limit Responding to the 2 Motion for Preliminary Injunction. (Deniker, Susan) (Modified on 6/22/2021 to add link to #2 motion) (kew).

June 21, 2021

June 21, 2021

PACER
46

ORDER granting 45 Motion to Exceed the Page Limit. Signed by Judge Joseph R. Goodwin on 6/22/2021. (cc: counsel of record; any unrepresented party) (kew)

June 22, 2021

June 22, 2021

PACER
47

RESPONSE by West Virginia Secondary School Activities Commission to 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Green, Roberta)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

June 22, 2021

June 22, 2021

RECAP
48

RESPONSE by W. Clayton Burch, West Virginia State Board of Education in opposition to 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Morgan, Kelly)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

3 Exhibit 3

View on RECAP

June 23, 2021

June 23, 2021

RECAP
49

RESPONSE by State of West Virginia in opposition to 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Capehart, Curtis)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

5 Exhibit E

View on RECAP

6 Exhibit F

View on RECAP

7 Exhibit G

View on RECAP

8 Exhibit H

View on RECAP

9 Exhibit I

View on RECAP

June 23, 2021

June 23, 2021

RECAP
50

RESPONSE by Harrison County Board of Education, Dora Stutler in opposition to 2 MOTION by B. P. J., Heather Jackson for a Preliminary Injunction (Deniker, Susan)

June 23, 2021

June 23, 2021

RECAP
51

MOTION by B. P. J., Heather Jackson for Leave to File Consolidated 30-Page Reply Brief in Support of 2 Motion for Preliminary Injunction. (Attachment: # 1 Proposed Order)(Stark, Loree) (Modified on 6/25/2021 to add link to #2 motion) (kew).

June 25, 2021

June 25, 2021

PACER
52

ORDER granting 51 Motion Pursuant to Local Rule of Civil Procedure 7.1(a)(2) For Leave to File Consolidated 30-Page Reply Brief in Support of Plaintiff's Motion for Preliminary Injunction. Signed by Judge Joseph R. Goodwin on 6/28/2021. (cc: counsel of record; any unrepresented party) (lca)

June 28, 2021

June 28, 2021

PACER
53

CONSOLIDATED REPLY by B. P. J., Heather Jackson to 47 Response and the 48, 49 and 50 Responses In Opposition. (Attachment: # 1 Supplemental Expert Declaration of Joshua D. Safer) (Stark, Loree)

1 Supplemental Expert Declaration of Joshua D. Safer

View on RECAP

June 30, 2021

June 30, 2021

RECAP
54

MOTION by West Virginia State Board of Education, W. Clayton Burch to Dismiss 1 Complaint. (Morgan, Kelly) (Modified on 7/1/2021 to add party filer) (lca).

July 1, 2021

July 1, 2021

RECAP
55

MEMORANDUM OF LAW by W. Clayton Burch, West Virginia State Board of Education in support of 54 MOTION by West Virginia State Board of Education, W. Clayton Burch to Dismiss 1 Complaint. (Morgan, Kelly)

July 1, 2021

July 1, 2021

RECAP
56

MOTION by West Virginia Secondary School Activities Commission to Dismiss 1 Complaint. (Green, Roberta)

July 2, 2021

July 2, 2021

RECAP
57

MEMORANDUM by West Virginia Secondary School Activities Commission in support of 56 MOTION by West Virginia Secondary School Activities Commission to Dismiss 1 Complaint. (Green, Roberta)

July 2, 2021

July 2, 2021

RECAP
58

MOTION by Harrison County Board of Education, Dora Stutler to Dismiss 1 Complaint. (Deniker, Susan) (Modified on 7/5/2021 to add link to #1 complaint) (kew).

July 2, 2021

July 2, 2021

RECAP
59

MEMORANDUM OF LAW by Harrison County Board of Education, Dora Stutler in support of 58 MOTION by Harrison County Board of Education, Dora Stutler to Dismiss 1 Complaint. (Deniker, Susan)

July 2, 2021

July 2, 2021

RECAP
60

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tara L. Borelli updating name and/or firm information. (Borelli, Tara) (Modified on 7/3/2021 to convert event to notice of change of attorney information) (mk).

July 2, 2021

July 2, 2021

PACER
61

ANSWER TO 1 Complaint With Jury Demand by State of West Virginia.(Capehart, Curtis) (Modified on 7/3/2021 to add jury demand) (mk).

July 2, 2021

July 2, 2021

RECAP
62

STATEMENT OF VISITING ATTORNEY from David C. Tryon on behalf of State of West Virginia. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-7983140. (Capehart, Curtis) (attorney admitted to practice in SDWV on 2/17/2022; no longer appearing pro hac vice) (ts).

July 7, 2021

July 7, 2021

PACER
63

ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 8/5/2021. Last day for Rule 26(f) meeting - 8/30/2021. Last day to file report of Rule 26(f) meeting - 9/7/2021. Scheduling Conference at 9:00 AM on 9/20/2021 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 9/30/2021. Last day to make Rule 26(a)(1) disclosures - 10/4/2021. Signed by Judge Joseph R. Goodwin on 7/8/2021. (cc: counsel of record; any unrepresented parties) (mfo)

July 8, 2021

July 8, 2021

RECAP
64

FIRST AMENDED COMPLAINT by B. P. J., Heather Jackson against W. Clayton Burch, Harrison County Board of Education, State of West Virginia, Dora Stutler, West Virginia Secondary School Activities Commission, West Virginia State Board of Education, Patrick Morrisey. (Attachment: # 1 Proposed Summons)(Stark, Loree) (Modified on 7/19/2021 to convert event to amended complaint) (kew).

1 Proposed Summons

View on RECAP

July 16, 2021

July 16, 2021

Clearinghouse
65

CONSOLIDATED OPPOSITION by B. P. J., Heather Jackson to 54, 56 and 58 Motions to Dismiss. (Stark, Loree)

July 16, 2021

July 16, 2021

RECAP
66

ELECTRONIC SUMMONS ISSUED as to Patrick Morrisey, re: 64 First Amended Complaint. Summons returnable 14 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (kew)

July 19, 2021

July 19, 2021

PACER
67

MEMORANDUM OPINION & ORDER granting Plaintiff's 2 MOTION for a Preliminary Injunction. While this case is pending, Defendants are enjoined from enforcing Section 18-2-25d against B.P.J. She will be permitted to sign up for and participate in school athletics in the same way as her girl classmates. I find that a bond is unnecessary and waive its requirement in this case. The court further DIRECTS the Clerk to post a copy of this published opinion on the court's website. Signed by Judge Joseph R. Goodwin on 7/21/2021. (cc: counsel of record; any unrepresented party) (arb)

July 21, 2021

July 21, 2021

Clearinghouse
68

SUMMONS RETURNED EXECUTED for Patrick Morrisey, re: 64 First Amended Complaint. Patrick Morrisey served on 7/20/2021, answer due 8/10/2021. (Stark, Loree)

July 26, 2021

July 26, 2021

PACER
69

ORDER denying as moot Defendants' 54, 56, and 58 Motions to Dismiss. Signed by Judge Joseph R. Goodwin on 7/28/2021. (cc: counsel of record; any unrepresented party) (btm)

July 28, 2021

July 28, 2021

Clearinghouse
70

MOTION by West Virginia Secondary School Activities Commission to Dismiss 64 First Amended Complaint. (Green, Roberta)

July 30, 2021

July 30, 2021

PACER
71

MEMORANDUM OF LAW by West Virginia Secondary School Activities Commission in support of 70 MOTION by West Virginia Secondary School Activities Commission to Dismiss 64 First Amended Complaint. (Green, Roberta)

July 30, 2021

July 30, 2021

RECAP
72

MOTION by Harrison County Board of Education, Dora Stutler to Dismiss re: 64 First Amended Complaint. (Deniker, Susan)

July 30, 2021

July 30, 2021

RECAP
73

MEMORANDUM OF LAW by Harrison County Board of Education, Dora Stutler in support of 72 MOTION by Harrison County Board of Education, Dora Stutler to Dismiss re: 64 First Amended Complaint(mk)

July 30, 2021

July 30, 2021

RECAP
74

MOTION by W. Clayton Burch, West Virginia State Board of Education to Dismiss With Prejudice re: 64 First Amended Complaint. (Morgan, Kelly)

July 30, 2021

July 30, 2021

PACER
75

MEMORANDUM OF LAW by W. Clayton Burch, West Virginia State Board of Education in support of 74 MOTION by W. Clayton Burch, West Virginia State Board of Education to Dismiss With Prejudice re: 64 First Amended Complaint. (Morgan, Kelly)

July 30, 2021

July 30, 2021

RECAP
76

MOTION by Patrick Morrisey, State of West Virginia to Dismiss Patrick Morrisey in His Official Capacity as Attorney General of the State of West Virginia re: 64 First Amended Complaint. (Capehart, Curtis)

July 30, 2021

July 30, 2021

PACER
77

MEMORANDUM OF LAW by Patrick Morrisey, State of West Virginia in support of 76 MOTION by Patrick Morrisey, State of West Virginia to Dismiss Patrick Morrisey in His Official Capacity as Attorney General of the State of West Virginia re: 64 First Amended Complaint (Capehart, Curtis)

July 30, 2021

July 30, 2021

RECAP
78

ANSWER TO 64 FIRST AMENDED COMPLAINT With Jury Demand by State of West Virginia.(Capehart, Curtis) (Modified on 7/31/2021 to add jury demand) (mk).

July 30, 2021

July 30, 2021

RECAP
79

STATEMENT OF VISITING ATTORNEY from Meredith Taylor Brown on behalf of B. P. J., Heather Jackson. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-8001642. (Stark, Loree)

Aug. 2, 2021

Aug. 2, 2021

PACER
80

CONSOLIDATED MEMORANDUM by B. P. J., Heather Jackson in opposition to 70 MOTION by West Virginia Secondary School Activities Commission, 72 MOTION by Harrison County Board of Education, Dora Stutler and 74 MOTION by W. Clayton Burch, West Virginia State Board of Education to Dismiss With Prejudice, re: 64 First Amended Complaint. (Stark, Loree)

Aug. 13, 2021

Aug. 13, 2021

RECAP
81

MOTION by B. P. J., Heather Jackson to Strike Jury Demand in 78 Answer to Complaint by State of West Virginia. (Attachment: # 1 Proposed Order Granting Plaintiff's Motion to Strike Jury Demand)(Stark, Loree)

Aug. 13, 2021

Aug. 13, 2021

PACER
82

JOINT MOTION by B. P. J., Patrick Morrisey, State of West Virginia to Dismiss Patrick Morrisey in His Official Capacity as Attorney General of the State of West Virginia re: 64 First Amended Complaint. (Attachment: # 1 Proposed Order)(Stark, Loree) (Modified on 8/15/2021 to correct link and to add party filers) (kew).

1 Proposed Order

View on PACER

Aug. 13, 2021

Aug. 13, 2021

RECAP
83

REPLY by West Virginia Secondary School Activities Commission to 80 Memorandum In Opposition. (Attachment: # 1 Exhibit A)(Green, Roberta)

1 Exhibit A

View on PACER

Aug. 20, 2021

Aug. 20, 2021

RECAP
84

REPLY by W. Clayton Burch, West Virginia State Board of Education to 80 Consolidated Memorandum in Opposition. (Morgan, Kelly)

Aug. 20, 2021

Aug. 20, 2021

RECAP
85

REPLY by Harrison County Board of Education, Dora Stutler to 80 Consolidated Memorandum in Opposition. (Deniker, Susan)

Aug. 20, 2021

Aug. 20, 2021

RECAP
86

NOTICE OF WITHDRAWAL OF COUNSEL by Jessica A. Lee on behalf of State of West Virginia. (Lee, Jessica)

Aug. 26, 2021

Aug. 26, 2021

PACER
87

MOTION by B. P. J., Heather Jackson for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss with proposed document attached (Attachments: # 1 Proposed Surreply, # 2 Proposed Order)(Stark, Loree)

1 Exhibit Plaintiffs' Proposed Surreply in Opposition to Defendants' Mot

View on PACER

2 Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to File

View on PACER

Aug. 27, 2021

Aug. 27, 2021

RECAP
88

RESPONSE by State of West Virginia in opposition to 81 MOTION by B. P. J., Heather Jackson to Strike Jury Demand in 78 Answer to Complaint by State of West Virginia (Capehart, Curtis)

Aug. 27, 2021

Aug. 27, 2021

RECAP
89

RESPONSE by West Virginia Secondary School Activities Commission in opposition to 87 MOTION by B. P. J., Heather Jackson for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss (Green, Roberta)

Aug. 30, 2021

Aug. 30, 2021

RECAP
90

ORDER directing that Plaintiff's 87 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss is DENIED. Signed by Judge Joseph R. Goodwin on 8/30/2021. (cc: counsel of record; any unrepresented party) (msa)

Aug. 30, 2021

Aug. 30, 2021

PACER
91

REPLY by B. P. J., Heather Jackson to 88 Response In Opposition. (Stark, Loree)

Sept. 3, 2021

Sept. 3, 2021

PACER
92

RULE 26(f) REPORT OF PLANNING MEETING by B. P. J., Heather Jackson, West Virginia State Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch, Dora Stutler, Patrick Morrisey, State of West Virginia. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stark, Loree) (Modified on 9/8/2021 to add party filers) (kew).

Sept. 7, 2021

Sept. 7, 2021

PACER
93

SCHEDULING ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Amendment of pleadings and joinder of parties - 10/26/2021. Deadline for written discovery requests - 2/8/2022. Expert disclosure by party with burden of proof - 1/24/2022. Expert disclosure by opposing party - 2/23/2022. Expert disclosure for rebuttal purposes - 3/11/2022. Deposition deadline and close of discovery - 3/25/2022. Filing of dispositive motions - 4/14/2022. Responses to dispositive motions - 4/28/2022. Reply to response to dispositive motion - 5/5/2022. Hearing on motions for summary judgment on 6/8/2022 at 10:00 AM. Settlement meeting and mediation deadline - 5/25/2022. Filing of motions in limine - 6/22/2022. Responses to motions in limine - 6/29/2022. Plaintiff draft of pretrial order to defendant - 6/20/2022. Integrated pretrial order filed by defendant - 6/27/2022. Pretrial conference on 7/6/2022 at 11:00 AM. Proposed jury instructions filed - 7/18/2022. Final settlement conference on 7/25/2022 at 9:00 AM. Trial on 7/26/2022 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 9/8/2021. (cc: counsel of record; any unrepresented parties) (mfo)

Sept. 8, 2021

Sept. 8, 2021

RECAP

Movant, Lainey Armistead, added pursuant to request of counsel. (ts)

Sept. 10, 2021

Sept. 10, 2021

PACER

Docket Annotation (Public)

Sept. 10, 2021

Sept. 10, 2021

PACER
94

MOTION by Lainey Armistead to Intervene (Steele, Brandon)

Sept. 10, 2021

Sept. 10, 2021

RECAP

Case Details

State / Territory: West Virginia

Case Type(s):

Education

Key Dates

Filing Date: May 26, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An eleven-year-old transgender girl attending a public school in West Virginia, by and through her mother.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

West Virginia, State

West Virginia State Board of Education, State

Harrison County Board of Education, County

West Virginia Secondary School Activities Commission, State

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

School/University policies

Discrimination-area:

Disparate Treatment

Sports

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Affected Sex or Gender:

Transgender

Type of Facility:

Government-run