Case: L.E. v. Lee

COMPLAINT against Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Knox County Board of Education, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education, and Robert M. "Bob" Thomas (Filing fee $402, Receipt number 0650-3478865), filed by L. E. (Attachments: # 1 Exhibit A - TSSAA TMSAA Transgender Policy, # 2 Civil Cover Sheet)(vh) (Entered: 11/04/2021)

1 Exhibit A - TSSAA TMSAA Transgender Policy

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2 Attachment Civil Cover Sheet

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NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (vh) (Entered: 11/04/2021)

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh) (Entered: 11/04/2021)

NOTICE of Initial Case Management Conference by Telephone set for 1/20/2022 at 10:30 AM before Magistrate Judge Alistair Newbern. (vh) (Entered: 11/05/2021)

Summons issued as to Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Elissa Kim, Knox County Board of Education, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education, Robert M. "Bob" Thomas. (Service copies to be picked up by counsel.) (bs) (Entered: 11/05/2021)

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 11/05/2021)

TN State Bar status verified as active for Thomas H. Castelli and Stella Yarbrough admitted to this court. (vh)

NY State Bar status verified as active for Leslie Cooper, Meredith Taylor Brown, and Alan E. Schoenfeld not admitted to this court - Local counsel secured. (vh)

NOTICE TO COUNSEL Leslie Cooper, Meredith Taylor Brown, and Alan E. Schoenfeld: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

CA State Bar status verified as active for Matthew D. Benedetto and Thomas F. Costello-Vega not admitted to this court - Local counsel secured. (vh) Modified on 11/5/2021 (vh).

NOTICE TO COUNSEL Matthew D. Benedetto and Thomas F. Costello-Vega: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

DC State Bar status verified as active for Emily L. Stark and Samuel M. Strongin not admitted to this court - Local counsel secured. (vh)

NOTICE TO COUNSEL Emily L. Stark and Samuel M. Strongin: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

GA State Bar status verified as active for Tara L. Borelli not admitted to this court - Local counsel secured. (vh)

Annotation - Bar Status

OR State Bar status verified as active for Sasha Buchert not admitted to this court - Local counsel secured. (vh)

NOTICE TO COUNSEL Tara L. Borelli and Sasha Buchert: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

Annotation - PHV

NOTICE TO COUNSEL Carl S. Charles: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

MOTION for attorney Tara L. Borelli to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482240) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/10/2021)

MOTION for attorney Thomas F. Costello-Vega to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482351) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

MOTION for attorney Samuel M. Strongin to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482352) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

MOTION for attorney Sasha J. Buchert to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482357) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

MOTION for attorney Matthew D. Benedetto to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482359) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

MOTION for attorney Emily L. Stark to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482360) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

MOTION for attorney Alan Schoenfeld to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482362) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

MOTION for attorney Carl S. Charles to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482367) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

ORDER granting 7, 8, 9, 10, 11, 12, 13, and 14 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Tara L. Borelli, Thomas F. Costello-Vega, Samuel M. Strongin, Sasha J. Buchert, Matthew D. Benedetto, Emily L. Stark, Alan Schoenfeld, and Carl S. Charles to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 11/12/2021. (lh) (Entered: 11/12/2021)

Annotation - Bar Status

NY State Bar status verified as active for Carl S. Charles not admitted to this court - Local counsel secured.. (bs)

Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice

MOTION for attorney Leslie Cooper to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3485529) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/17/2021)

MOTION for attorney Meredith Taylor Brown to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3485538) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/17/2021)

ORDER granting 16 and 17 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Leslie Cooper and Meredith Taylor Brown to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 11/18/2021. (lh) (Entered: 11/18/2021)

Appear Pro Hac Vice AND Appear Pro Hac Vice

ANSWER to 1 Complaint, by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education.(Bergmeyer, Stephanie) (Entered: 12/03/2021)

Annotation - Bar Status

TN State Bar status verified as active for Stephanie A. Bergmeyer admitted to this court. (bs)

ANSWER to 1 Complaint, by Knox County Board of Education, Robert M. "Bob" Thomas.(Sanders, David) (Entered: 01/06/2022)

PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Castelli, Thomas) (Entered: 01/18/2022)

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 5/6/2022. Discovery due by 6/30/2022. Dispositive Motions due by 10/7/2022. A Case Management Conference by Telephone is set for 6/7/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 1/20/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 01/21/2022)

Case Management Conference by Telephone

Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 1/20/2022. (Hearing lasted 00:25)(sd)

***VACATED PER ORDER 84 ***ORDER SETTING CASE FOR TRIAL: Bench Trial is set for 3/21/2023 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference is set for 3/6/2023 at 2:00 PM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 2/27/2023. Exhibit List due by 2/27/2023. Witness List due by 2/27/2023. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/28/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) Modified on 2/3/2023 (mg). (Entered: 01/28/2022)

NOTICE by L. E. Of Withdrawal of Counsel (Castelli, Thomas) (Entered: 02/01/2022)

MOTION for attorney Britany Riley-Swanbeck to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3558523) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 03/22/2022)

MOTION for attorney Lisa Nowlin-Sohl to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3558537) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 03/22/2022)

ORDER granting 25 and 26 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Britany Riley-Swanbeck and Lisa Nowlin-Sohl to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 03/23/2022. (lh) (Entered: 03/23/2022)

MD State Bar status verified as active for Britany Riley-Swanbeck not admitted to this court - Local counsel secured. (bs)

WA State Bar status verified as active for Lisa Nowlin-Sohl not admitted to this court - Local counsel secured. (bs)

Annotation - Bar Status

Appear Pro Hac Vice AND Appear Pro Hac Vice

Joint MOTION for Protective Order by L. E.. (Attachments: # 1 Exhibit A: Proposed Protective Order)(Yarbrough, Stella) (Entered: 05/10/2022)

ORDER granting 28 Motion for Protective Order. Signed by Magistrate Judge Alistair Newbern on 5/11/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 05/11/2022)

PROTECTIVE ORDER. Signed by Magistrate Judge Alistair Newbern on 5/11/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 05/11/2022)

Joint Case Resolution Status Report by L. E.. (Yarbrough, Stella) (Entered: 05/20/2022)

Joint MOTION for Extension of Time to Complete Discovery by L. E.. (Yarbrough, Stella) (Entered: 05/24/2022)

ORDER granting 32 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Alistair Newbern on 5/25/2022. (bs) (Entered: 05/25/2022)

MOTION for Discovery Conference by L. E.. (Yarbrough, Stella) (Entered: 05/27/2022)

ORDER: On May 27, 2022, Plaintiff L.E. filed a motion for discovery dispute conference. (Doc. No. 34 .) The motion is GRANTED. A telephone conference with the Magistrate Judge is set on June 7, 2022, at 10:00 a.m. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel shall file a joint statement of the discovery dispute by no later than June 3, 2022. Signed by Magistrate Judge Alistair Newbern on 6/3/2022.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 06/03/2022)

DISCOVERY DISPUTE STATEMENT by L. E.. (Attachments: # 1 Attachment - Declaration of Li (Lisa) Nowlin-Sohl in Support Thereto, # 2 Exhibit A - First Set of Interrogatories to Governor Lee, # 3 Exhibit B - First Set of Requests for Production to Defendant Governor Bill Lee, # 4 Exhibit C - First Set of Interrogatories to Defendants Penny Schwinn, Tennessee State Board of Education, Sara Heyburn Morrison, and the Individual Members of the Tennessee State Board of Education, # 5 Exhibit D - First Set of Requests for Production to the State Board Defendants, # 6 Exhibit E - Chain of Email Correspondence dated between March 22, 2022 and March 28, 2022, # 7 Exhibit F - Email Correspondence dated between April 8, 2022, and April 25, 2022, # 8 Attachment G - Email Correspondence dated between May 2, 2022, and May 11, 2022, # 9 Exhibit H - Email Correspondence dated between May 11, 2022, and May 13, 2022, # 10 Exhibit I - Discovery Responses, # 11 Exhibit J - Email Correspondence dated between May 16, 2022, and May 26, 2022)(Schoenfeld, Alan) (Entered: 06/03/2022)

1 Attachment - Declaration of Li (Lisa) Nowlin-Sohl in Support Thereto

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2 Exhibit A - First Set of Interrogatories to Governor Lee

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3 Exhibit B - First Set of Requests for Production to Defendant Governor Bill Lee

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4 Exhibit C - First Set of Interrogatories to Defendants Penny Schwinn, Tennessee

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5 Exhibit D - First Set of Requests for Production to the State Board Defendants

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6 Exhibit E - Chain of Email Correspondence dated between March 22, 2022 and March

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7 Exhibit F - Email Correspondence dated between April 8, 2022, and April 25, 2022

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8 Attachment G - Email Correspondence dated between May 2, 2022, and May 11, 2022

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9 Exhibit H - Email Correspondence dated between May 11, 2022, and May 13, 2022

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10 Exhibit I - Discovery Responses

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11 Exhibit J - Email Correspondence dated between May 16, 2022, and May 26, 2022

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Set/Reset Hearings

Set Hearing: Telephone Conference set for 6/7/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. (ln)

ORDER: The Tennessee Attorney General's Office shall complete production of all written discovery responsive to all outstanding discovery requests by June 21, 2022. Because the parties have a large number of fact and expert witness depositions to be taken before August 10, 2022, for which they must prepare, the Court does not anticipate extending this deadline. All other deadlines remain as set by the Court's prior orders (Doc. Nos. 22, 23, 33 ). Signed by Magistrate Judge Alistair Newbern on 6/7/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 06/07/2022)

Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Telephone Conference held on 6/7/2022. (Hearing lasted 00:25)(sd)

Telephone Conference

MOTION for Extension of Time to Amend, MOTION for Extension of Time to Complete Discovery by Bill Lee. (Bergmeyer, Stephanie) (Entered: 06/22/2022)

ORDER: Defendants filed a motion to extend the deadline for production of discovery set by the Court's prior order by one day. (Doc. No. 38 .) The motion was filed on June 22, 2022, and requested an extension until June 22, 2022. The motion does not represent that Defendants' counsel conferred with Plaintiff's counsel regarding their position on the motion, as required by this Court's Local Rule 7.01(a)(1). Because the date of the requested extension has passed and, the Court assumes, the production has been made, the motion is likely now largely moot. Should Plaintiff have any response to the motion, it shall be filed by June 30, 2022. Counsel are advised to ensure that all future motions comply with the Local Rules. Signed by Magistrate Judge Alistair Newbern on 6/27/2022. (bs) (Entered: 06/27/2022)

NOTICE of Appearance by Jessica Jernigan-Johnson on behalf of Knox County Board of Education, Robert M. "Bob" Thomas (Jernigan-Johnson, Jessica) (Entered: 07/08/2022)

TN State Bar status verified as active for Jessica Jernigan-Johnson admitted to this court. (bs)

Annotation - Bar Status

NOTICE of Appearance by Clark Lassiter Hildabrand on behalf of Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education (Hildabrand, Clark) (Entered: 08/07/2022)

Joint Case Resolution Status Report by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education. (Bergmeyer, Stephanie) (Entered: 08/08/2022)

MOTION for attorney Jennifer Milici to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3664957) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 09/12/2022)

MOTION for attorney John O'Toole to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3664971) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 09/12/2022)

D.C. Bar status verified as active for Jennifer Milici, John W. O'Toole not admitted to this court - Local counsel secured. (mg)

Annotation - Bar Status

ORDER granting 43 and 44 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Jennifer Milici and John O'Toole to Appear Pro Hac Vice are granted. Signed by Lynda Hill on 09/16/2022. (lh) (Entered: 09/16/2022)

Appear Pro Hac Vice AND Appear Pro Hac Vice

Joint MOTION for Summary Judgment by Knox County Board of Education, Robert M. "Bob" Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jernigan-Johnson, Jessica) (Entered: 10/07/2022)

MEMORANDUM in Support of 46 Joint MOTION for Summary Judgment filed by Knox County Board of Education, Robert M. "Bob" Thomas . (Jernigan-Johnson, Jessica) (Entered: 10/07/2022)

STATEMENT of facts Undisputed Material Facts filed by Knox County Board of Education, Robert M. "Bob" Thomas in support of 46 Motion for Summary Judgment. (Jernigan-Johnson, Jessica) (Entered: 10/07/2022)

MOTION for attorney Lucas Cameron- Vaughn to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3681182) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 10/07/2022)

MOTION for Summary Judgment by L. E.. (Schoenfeld, Alan) (Entered: 10/07/2022)

MEMORANDUM in Support of 50 MOTION for Summary Judgment filed by L. E. . (Schoenfeld, Alan) (Entered: 10/07/2022)

STATEMENT of facts filed by L. E. in support of 50 Motion for Summary Judgment. (Schoenfeld, Alan) (Entered: 10/07/2022)

DECLARATION of Stella Yarbrough filed by L. E. re: 50 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1 - Declaration of L.E, # 2 Exhibit 2 - L.E Deposition Transcripts Excerpts, # 3 Exhibit 3 - Shelley Esquivel Deposition Transcripts Excerpts, # 4 Exhibit 4 - Mario Esquivel Deposition Transcripts Excerpts, # 5 Exhibit 5 - Dr. Penny Schwinn Deposition Transcripts Excerpts, # 6 Exhibit 6 - Dr. Sara Heyburn Morrison Deposition Transcripts Excerpts, # 7 Exhibit 7 - Jennifer Hemmelgarn Deposition Transcripts Excerpts, # 8 Exhibit 8 - John Bartlett Deposition Transcripts Excerpts, # 9 Exhibit 9 - Jonathan Higgins Deposition Transcripts Excerpts, # 10 Exhibit 10 - Donald Dodgen Deposition Transcripts Excerpts, # 11 Exhibit 11 - Declaration of Mark Reeves, # 12 Exhibit 12 - Declaration of Samuel Steinbrugge, # 13 Exhibit 13 - Knox County Responses to Plaintiff's First Set of Requests for Admission, # 14 Exhibit 14 - State Board Responses to Plaintiff's Interrogatories, Set One, # 15 Exhibit 15 - Commissioner Schwinn Responses to Plaintiff's Interrogatories, Set One, # 16 Exhibit 16 - Plaintiff Responses to State Defendants' Second Interrogatories, # 17 Exhibit 17 - Plaintiff Responses to County Defendants' First Interrogatories, # 18 Exhibit 18 - Dr. Melissa A. Cyperski Expert Report, # 19 Exhibit 19 - Helen Carroll Expert Report, # 20 Exhibit 20 - Gregory A. Brown, PhD., FACSM, Expert Report, # 21 Exhibit 21 - Dr. Chad T. Carlson, M.D., FACSM, Expert Report, # 22 Exhibit 22 - Dr. Gregory A. Brown Depo Transcript Excerpts, # 23 Exhibit 23 - Dr. Chad T. Carlson Depo Transcript Excerpts, # 24 Exhibit 24 - Tennessee 2021 Pub. Ch. 40 - HB0003, # 25 Exhibit 25 - Tennessee 2021 Pub. Ch. 909 - HB1895, # 26 Exhibit 26 - Tennessee 2021 Pub. Ch. 460, # 27 Exhibit 27 - Tennessee 2021 Pub. Ch. 452, # 28 Exhibit 28 - Tennessee 2021 Pub. Ch. 281 - SB1229, # 29 Exhibit 29 - Tennessee SBOE Proposed Rule 0520-01-23, # 30 Exhibit 30 - TSSAA Handbook (Dodgen Depo Exhibit 3), # 31 Exhibit 31 - Knox County Board Interscholastic Athletics Policy, # 32 Exhibit 32 - TSSAA TMSAA Transgender Policy, # 33 Exhibit 33 - APA Manual - Gender Dysphoria Chapter, # 34 Exhibit 34 - Henry Berg-Brousseau HRC Article)(Schoenfeld, Alan) (Entered: 10/07/2022)

1 Exhibit 1 - Declaration of L.E

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2 Exhibit 2 - L.E Deposition Transcripts Excerpts

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3 Exhibit 3 - Shelley Esquivel Deposition Transcripts Excerpts

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4 Exhibit 4 - Mario Esquivel Deposition Transcripts Excerpts

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5 Exhibit 5 - Dr. Penny Schwinn Deposition Transcripts Excerpts

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6 Exhibit 6 - Dr. Sara Heyburn Morrison Deposition Transcripts Excerpts

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7 Exhibit 7 - Jennifer Hemmelgarn Deposition Transcripts Excerpts

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8 Exhibit 8 - John Bartlett Deposition Transcripts Excerpts

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9 Exhibit 9 - Jonathan Higgins Deposition Transcripts Excerpts

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10 Exhibit 10 - Donald Dodgen Deposition Transcripts Excerpts

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11 Exhibit 11 - Declaration of Mark Reeves

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12 Exhibit 12 - Declaration of Samuel Steinbrugge

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13 Exhibit 13 - Knox County Responses to Plaintiff's First Set of Requests for

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14 Exhibit 14 - State Board Responses to Plaintiff's Interrogatories, Set One

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15 Exhibit 15 - Commissioner Schwinn Responses to Plaintiff's Interrogatories,

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16 Exhibit 16 - Plaintiff Responses to State Defendants' Second Interrogatorie

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17 Exhibit 17 - Plaintiff Responses to County Defendants' First Interrogatorie

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18 Exhibit 18 - Dr. Melissa A. Cyperski Expert Report

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19 Exhibit 19 - Helen Carroll Expert Report

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20 Exhibit 20 - Gregory A. Brown, PhD., FACSM, Expert Report

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21 Exhibit 21 - Dr. Chad T. Carlson, M.D., FACSM, Expert Report

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22 Exhibit 22 - Dr. Gregory A. Brown Depo Transcript Excerpts

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23 Exhibit 23 - Dr. Chad T. Carlson Depo Transcript Excerpts

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24 Exhibit 24 - Tennessee 2021 Pub. Ch. 40 - HB0003

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25 Exhibit 25 - Tennessee 2021 Pub. Ch. 909 - HB1895

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26 Exhibit 26 - Tennessee 2021 Pub. Ch. 460

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27 Exhibit 27 - Tennessee 2021 Pub. Ch. 452

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28 Exhibit 28 - Tennessee 2021 Pub. Ch. 281 - SB1229

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29 Exhibit 29 - Tennessee SBOE Proposed Rule 0520-01-23

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30 Exhibit 30 - TSSAA Handbook (Dodgen Depo Exhibit 3)

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31 Exhibit 31 - Knox County Board Interscholastic Athletics Policy

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32 Exhibit 32 - TSSAA TMSAA Transgender Policy

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33 Exhibit 33 - APA Manual - Gender Dysphoria Chapter

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34 Exhibit 34 - Henry Berg-Brousseau HRC Article

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MOTION for Summary Judgment by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education. (Bergmeyer, Stephanie) (Entered: 10/07/2022)

STATEMENT of facts filed by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education in support of 54 Motion for Summary Judgment,. (Bergmeyer, Stephanie) (Entered: 10/07/2022)

MEMORANDUM in Support of 54 MOTION for Summary Judgment filed by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education . (Bergmeyer, Stephanie) (Entered: 10/07/2022)

DECLARATION of Stephanie Bergmeyer filed by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education re: 54 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1- TSSAA sports and 2022-23 Handbook, # 2 Exhibit 2- TSSAA Golf Local Rules, # 3 Exhibit 3- TSSAA Wrestling Regulations, # 4 Exhibit 4- TSSAA Girls' Wrestling Regulations, # 5 Exhibit 5- Coach Higgins' Dep., # 6 Exhibit 6- Mario Esquivel Dep., # 7 Exhibit 7- Shelley Esquivel Dep., # 8 Exhibit 8- L.E. Dep., # 9 Exhibit 9- State E.D. Morrison Dep., # 10 Exhibit 10- Knox Cnty. Hemmelgarn Dep., # 11 Exhibit 11- Knox Cnty. Barlett Dep., # 12 Exhibit 12- Dr. Cyperski Dep.)(Bergmeyer, Stephanie) (Entered: 10/07/2022)

1 Exhibit 1- TSSAA sports and 2022-23 Handbook

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2 Exhibit 2- TSSAA Golf Local Rules

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3 Exhibit 3- TSSAA Wrestling Regulations

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4 Exhibit 4- TSSAA Girls' Wrestling Regulations

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5 Exhibit 5- Coach Higgins' Dep.

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6 Exhibit 6- Mario Esquivel Dep.

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7 Exhibit 7- Shelley Esquivel Dep.

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8 Exhibit 8- L.E. Dep.

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9 Exhibit 9- State E.D. Morrison Dep.

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10 Exhibit 10- Knox Cnty. Hemmelgarn Dep.

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11 Exhibit 11- Knox Cnty. Barlett Dep.

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12 Exhibit 12- Dr. Cyperski Dep.

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NOTICE TO FILER re DE# 46 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (mg)

Annotation - Deficiency Notice

TN State Bar status verified as active for Lucas Cameron-Vaughn not admitted to this court - Local counsel secured. (mg)

Annotation - Bar Status

DECLARATION of Jessica Jernigan-Johnson filed by Knox County Board of Education, Robert M. "Bob" Thomas re: 46 Joint MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1 - KCBOE Policy 1-171, # 2 Exhibit 2 - deposition excerpts of L.E., # 3 Exhibit 3 - deposition excerpts of Jennifer Hemmelgarn, # 4 Exhibit 4 - deposition excerpts of Penny Schwinn, # 5 Exhibit 5 - deposition excerpts of Sara Morrison)(Jernigan-Johnson, Jessica) (Entered: 10/10/2022)

1 Exhibit 1 - KCBOE Policy 1-171

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2 Exhibit 2 - deposition excerpts of L.E.

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3 Exhibit 3 - deposition excerpts of Jennifer Hemmelgarn

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4 Exhibit 4 - deposition excerpts of Penny Schwinn

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5 Exhibit 5 - deposition excerpts of Sara Morrison

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ORDER: On October 7, 2022, Defendants Knox County Board of Education, Robert Thomas, Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Morrison, Nate Morrow, Penny Schwinn, and Tennessee State Board of Education filed a motion for summary judgment under Federal Rule of Civil Procedure 56 (Doc. Nos. 46, 54 .) On October 7, 2022, Plaintiff L.E. also filed a motion for summary judgment under Federal Rule of Civil Procedure 56. (Doc. No. 50 .) As established by the initial case management order (Doc. No. 22 ), any responses in opposition to the motions for summary judgment must be filed within 28 days of the service of the motions. Any optional replies shall be filed within 14 days of the service of the responses. Signed by Magistrate Judge Alistair Newbern on 10/11/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 10/11/2022)

ORDER granting 49 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Lucas Cameron-Vaughn to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 10/11/2022. (lh) (Entered: 10/11/2022)

Appear Pro Hac Vice

MOTION for Leave to File a Consolidated Opposition to Defendants' Motions for Summary Judgment by L. E.. (Schoenfeld, Alan) (Entered: 10/25/2022)