Case: Bridge v. Oklahoma State Department of Education

5:22-cv-00787 | U.S. District Court for the Western District of Oklahoma

Filed Date: Sept. 6, 2022

Case Ongoing

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Case Summary

On September 6, 2022, three high school students filed a complaint in the District Court for the Western District of Oklahoma, naming the Oklahoma Department of Education, the individual members of the Oklahoma Board of Education, the Oklahoma Attorney General, and Oklahoma School Districts nos. 40, 2, and 89, as well as the Harding Independent Charter District. The complaint concerns SB 615, an Oklahoma state law that mandates that all public and charter schools designate public restrooms for …

On September 6, 2022, three high school students filed a complaint in the District Court for the Western District of Oklahoma, naming the Oklahoma Department of Education, the individual members of the Oklahoma Board of Education, the Oklahoma Attorney General, and Oklahoma School Districts nos. 40, 2, and 89, as well as the Harding Independent Charter District. The complaint concerns SB 615, an Oklahoma state law that mandates that all public and charter schools designate public restrooms for exclusive use by either the male or female sex, as identified in an individual's birth certificate. Refusal by a school to enforce SB 615 carries with it a punishment of denial of 5% of state school funding to the school in question. The plaintiffs, all of whom are transgender, allege that SB 615 is an undue burden on their civil rights, and are thus suing the defendants based on two causes of action: first, denial of equal protection under 42 U.S.C. § 1983 for denial of their rights based on sex and their transgender status; second, a violation of Title IX under 20 U.S.C. § 1681. The plaintiffs are seeking declaratory judgments under both causes of action, a preliminary injunction preventing enforcement of SB 615 and relief allowing plaintiffs use of bathrooms that correspond with their gender identity, symbolic damages to be paid to the defendants, and attorneys' fees. The plaintiffs are represented by Lambda Legal, the ACLU, and private counsel. On September 29, 2022, plaintiffs entered a motion for a preliminary injunction along these lines. Judge Jodi D. Wishman was assigned to the case.

Defendants entered a motion to dismiss the suit on October 26, 2022. The defendants' motion argued that plaintiffs' equal protection claim cannot survive since SB 615 (1) treats similarly situated individuals the same and as such discriminatory treatment necessary for an equal protection claim does not exist, and (2) the law withstands intermediate scrutiny due to pursuing an important government interest, protecting students' intimacy in a private space. Defendants also argud that the Title IX claim could not survive, due to the fact that Title IX allows separation of students on the basis of sex. Defendants did not accept plaintiffs' argument that 'sex' in this case refers to subjective gender identity only.

While the court's judgment on the motion to dismiss was pending, the U.S. Court of Appeals for the Eleventh Circuit issued an en banc judgment in a similar case, Adams v. The School Board of St. John's County, Florida. In its en banc opinion, the Eleventh Circuit held that a school bathroom policy which separates students on the basis of biological sex does not violate Title IX or the equal protection clause. On January 5, 2023, Judge Wishman issued an order allowing both parties to file supplemental briefs to address this ruling.

Defendants' motion to dismiss and plaintiffs' motion for preliminary injunction are still pending before the district court. The case is ongoing as of December 13, 2023.

Summary Authors

Carlos Hurtado-Esteve (12/13/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64951471/parties/bridge-v-oklahoma-state-department-of-education/


Judge(s)
Attorney for Plaintiff

Awasthi, Devraat (Oklahoma)

Brown, Meredith Taylor (Oklahoma)

Castillo, Paul David (Oklahoma)

Attorney for Defendant
Expert/Monitor/Master/Other

Alger, Maureen

Born, Emily

Documents in the Clearinghouse

Documents in this case
1

5:22-cv-00787

Complaint for Declaratory, Injunctive, and other Relief Introduction

Sept. 6, 2022

Sept. 6, 2022

Complaint
24-1

5:22-cv-00787

Declaration of Andrew Bridge

Sept. 29, 2022

Sept. 29, 2022

Pleading / Motion / Brief
47

5:22-cv-00787

State Defendants' Motion to Dismiss

Oct. 26, 2022

Oct. 26, 2022

Pleading / Motion / Brief
67

5:22-cv-00787

Order

Dec. 20, 2022

Dec. 20, 2022

Order/Opinion

2022 WL 20689557

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64951471/bridge-v-oklahoma-state-department-of-education/

Last updated July 28, 2026, 8:12 p.m.

ECF Number Date Description Link
1 Sept. 6, 2022

COMPLAINT against Brian Bobek, Carlisha Bradley, Harding Independence Charter District Inc, Estela Hernandez, Joy Hofmeister, Independent School District No 2 of Cleveland County Oklahoma, Independent School District No 40 of Cleveland County Oklahoma, Independent School District No 89 of Oklahoma County Oklahoma, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith filed by Aysha Prather, Eli Bridge, Sue Stiles, Max Miles, Mia Miles, Steve Stiles. (Attachments: # 1 Civil Cover Sheet)(rr) (Entered: 09/06/2022)

1 Civil Cover Sheet

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Clearinghouse
2 Sept. 6, 2022

Summons Issued Electronically as to Brian Bobek, Carlisha Bradley, Harding Independence Charter District Inc, Estela Hernandez, Joy Hofmeister, Independent School District No 2 of Cleveland County Oklahoma, Independent School District No 40 of Cleveland County Oklahoma, Independent School District No 89 of Oklahoma County Oklahoma, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (rr) (Entered: 09/06/2022)

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3 Sept. 6, 2022

ENTRY of Appearance by Megan E Lambert on behalf of All Plaintiffs (Lambert, Megan) Modified on 9/7/2022 to flatten document (rr). (Entered: 09/06/2022)

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4 Sept. 6, 2022

MOTION for Leave to Proceed Pseudonymously by All Plaintiffs. (Lambert, Megan) (Entered: 09/06/2022)

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5 Sept. 6, 2022

MOTION for Leave to Appear Pro Hac Vice for Jon Davidson Filing fee $ 50, receipt number AOKWDC-3986038 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) Modified on 9/7/2022 to flatten document(rr). (Entered: 09/06/2022)

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6 Sept. 6, 2022

MOTION for Leave to Appear Pro Hac Vice for Paul Castillo Filing fee $ 50, receipt number AOKWDC-3986039 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) Modified on 9/7/2022 to flatten document (rr). (Entered: 09/06/2022)

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7 Sept. 6, 2022

MOTION for Leave to Appear Pro Hac Vice for Nicholas Guillory Filing fee $ 50, receipt number AOKWDC-3986040 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) Modified on 9/7/2022 to flatten document(rr). (Entered: 09/06/2022)

1 Exhibit 1 - PHV Application

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8 Sept. 6, 2022

MOTION for Leave to Appear Pro Hac Vice for Mitchell Kamin Filing fee $ 50, receipt number AOKWDC-3986041 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) Modified on 9/7/2022 to flatten document (rr). (Entered: 09/06/2022)

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9 Sept. 6, 2022

MOTION for Leave to Appear Pro Hac Vice for Isaac Chaput Filing fee $ 50, receipt number AOKWDC-3986042 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) . Modified on 9/7/2022 to flatten document (rr). (Entered: 09/06/2022)

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Sept. 6, 2022

PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-3985997. (Lambert, Megan)

Sept. 6, 2022

PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-3985997. (Lambert, Megan)

10 Sept. 8, 2022

ORDER granting 5 Motion to Appear Pro Hac Vice ; granting 6 Motion to Appear Pro Hac Vice ; granting 7 Motion to Appear Pro Hac Vice ; granting 8 Motion to Appear Pro Hac Vice ; granting 9 Motion to Appear Pro Hac Vice. Counsel must register to e-file with this Court and electronically file an entry of appearance consistent with LCvR83.2(g) and LCvR83.4. Signed by Judge Jodi W. Dishman on 09/08/2022. (nv) (Entered: 09/08/2022)

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11 Sept. 12, 2022

TEMPORARY ORDER ALLOWING PSEUDONYM LITIGATION provisionally granting 4 Motion for Leave to Proceed Pseudonymously as set forth in this Order. Signed by Judge Jodi W. Dishman on 09/12/2022. (nv) (Entered: 09/12/2022)

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12 Sept. 14, 2022

STRICKEN ENTRY of Appearance by Jon Warren Davidson on behalf of All Plaintiffs (Davidson, Jon) (Entered: 09/14/2022)

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13 Sept. 14, 2022

ENTRY of Appearance by Jon Warren Davidson on behalf of All Plaintiffs (Davidson, Jon) Modified on 9/15/2022 to flatten document (rr). (Entered: 09/14/2022)

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14 Sept. 14, 2022

ENTRY of Appearance by Johanna F Roberts on behalf of All Plaintiffs (Roberts, Johanna) Modified on 9/15/2022 to flatten document (rr). (Entered: 09/14/2022)

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15 Sept. 14, 2022

ENTRY of Appearance by Isaac D Chaput on behalf of All Plaintiffs (Chaput, Isaac) (Entered: 09/14/2022)

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Sept. 14, 2022

NOTICE from the Court 12 Entry of Appearance, STRICKEN, as an amended and completed version was filed at Doc. No. 13 . (nv)

Sept. 14, 2022

NOTICE from the Court 12 Entry of Appearance, STRICKEN, as an amended and completed version was filed at Doc. No. 13. (nv)

16 Sept. 15, 2022

ENTRY of Appearance by Mitchell Aaron Kamin on behalf of All Plaintiffs (Kamin, Mitchell) (Entered: 09/15/2022)

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17 Sept. 15, 2022

ENTRY of Appearance by Paul David Castillo on behalf of All Plaintiffs (Castillo, Paul) (Entered: 09/15/2022)

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18 Sept. 15, 2022

ENTRY of Appearance by Nicholas A Guillory on behalf of All Plaintiffs (Guillory, Nicholas) Modified on 9/15/2022 to flatten document (rr). (Entered: 09/15/2022)

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19 Sept. 15, 2022

STRICKEN MOTION for Leave to Appear Pro Hac Vice for Taylor Brown Filing fee $ 50, receipt number AOKWDC-3993230 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) Modified on 9/15/2022 to flatten document (rr). (Entered: 09/15/2022)

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20 Sept. 16, 2022

SUMMONS Returned Executed by Aysha Prather, Eli Bridge, Sue Stiles, Max Miles, Mia Miles, Steve Stiles. All Defendants. (Lambert, Megan) (Entered: 09/16/2022)

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21 Sept. 22, 2022

MOTION for Leave to Appear Pro Hac Vice for Taylor Brown by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) Modified on 9/22/2022 to flatten document(rr). (Entered: 09/22/2022)

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Sept. 22, 2022

NOTICE from the Court 19 MOTION for Leave to Appear Pro Hac Vice for Taylor Brown Filing fee $ 50, receipt number AOKWDC-3993230, STRICKEN. The Request for Admission Pro Hac Vice, paragraph 2 was not correctly answered. Counsel to refile and provide state bar membership number (not just the state). The filing fee does not need to be paid a second time. (nv)

Sept. 22, 2022

NOTICE from the Court 19 MOTION for Leave to Appear Pro Hac Vice for Taylor Brown Filing fee $ 50, receipt number AOKWDC-3993230, STRICKEN. The Request for Admission Pro Hac Vice, paragraph 2 was not correctly answered. Counsel to refile and provide state bar membership number (not just the state). The filing fee does not need to be paid a second time. (nv)

22 Sept. 23, 2022

ORDER granting 21 Motion to Appear Pro Hac Vice of Meredith Taylor Brown. Counsel must register to e-file with this Court and electronically file an entry of appearance consistent with LCvR83.2(g) and LCvR83.4. Signed by Judge Jodi W. Dishman on 09/23/2022. (nv) (Entered: 09/23/2022)

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23 Sept. 26, 2022

ENTRY of Appearance by Meredith Taylor Brown on behalf of All Plaintiffs (Brown, Meredith) Modified on 9/26/2022 to flatten document(rr). (Entered: 09/26/2022)

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24 Sept. 29, 2022

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Attachment 1 - Bridge Decl., # 2 Attachment 2 - Prather Decl., # 3 Attachment 3 - Miles Decl., # 4 Attachment 4 - Mia Miles Decl., # 5 Attachment 5 - Stiles Decl., # 6 Attachment 6 - Sue Stiles Decl., # 7 Attachment 7 - Budge Decl., # 8 Attachment 8 - Kamin Decl.)(Kamin, Mitchell) (Entered: 09/29/2022)

1 Attachment 1 - Bridge Decl.

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2 Attachment 2 - Prather Decl.

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3 Attachment 3 - Miles Decl.

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4 Attachment 4 - Mia Miles Decl.

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5 Attachment 5 - Stiles Decl.

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6 Attachment 6 - Sue Stiles Decl.

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7 Attachment 7 - Budge Decl.

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8 Attachment 8 - Kamin Decl.

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RECAP
25 Sept. 29, 2022

MOTION for Order on Plaintiff's Motion for Judicial Notice by All Plaintiffs. (Kamin, Mitchell) (Entered: 09/29/2022)

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26 Oct. 3, 2022

ENTRY of Appearance by Laura L Holmes on behalf of Harding Independence Charter District Inc, Independent School District No 89 of Oklahoma County Oklahoma (Holmes, Laura) (Entered: 10/03/2022)

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27 Oct. 4, 2022

ENTRY of Appearance by Audrey A Weaver on behalf of Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith (Weaver, Audrey) (Entered: 10/04/2022)

RECAP
28 Oct. 4, 2022

MOTION for Extension of Time FOR DEFENDANTS 1-9 TO RESPOND TO PLAINTIFFS COMPLAINT [DOC. 1], MOTION FOR PRELIMINARY INJUNCTION [DOC. 24], AND MOTION FOR JUDICIAL NOTICE [DOC. 25] by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Weaver, Audrey) (Entered: 10/04/2022)

RECAP
29 Oct. 4, 2022

ENTRY of Appearance by Laura L Holmgren-Ganz on behalf of Independent School District No 89 of Oklahoma County Oklahoma and Harding Independence Charter District Inc(Holmgren-Ganz, Laura) Modified on 10/4/2022 to reflect parties represented by counsel (rr). (Entered: 10/04/2022)

RECAP
30 Oct. 4, 2022

ENTRY of Appearance by Zachary P West on behalf of Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith (West, Zachary) (Entered: 10/04/2022)

RECAP
31 Oct. 5, 2022

ORDER granting in part and denying in part 28 Motion for Extension of Time to File. State Defendants shall file their answers, motions, or other responses to 1 Plaintiffs' Complaint for Declaratory Judgment, Injunctive, and Other Relief on or before October 26, 2022. The Motion is otherwise DENIED without prejudice to resubmission. Counsel for all parties are reminded that, absent an emergency, requests for extension of time should be filed at least 48 hours in advance of the deadline.. Signed by Judge Jodi W. Dishman on 10/05/2022. (nv) (Entered: 10/05/2022)

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32 Oct. 5, 2022

ANSWER to Complaint by Independent School District No 89 of Oklahoma County Oklahoma.(Holmes, Laura) (Entered: 10/05/2022)

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33 Oct. 5, 2022

ANSWER to Complaint by Harding Independence Charter District Inc.(Holmes, Laura) (Entered: 10/05/2022)

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34 Oct. 6, 2022

ENTRY of Appearance by Adam T Heavin on behalf of Independent School District No 40 of Cleveland County Oklahoma (Heavin, Adam) (Entered: 10/06/2022)

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35 Oct. 6, 2022

ANSWER to Complaint by Independent School District No 40 of Cleveland County Oklahoma.(Heavin, Adam) (Entered: 10/06/2022)

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36 Oct. 6, 2022

ENTRY of Appearance by Kent B Rainey on behalf of Independent School District No 40 of Cleveland County Oklahoma (Rainey, Kent) (Entered: 10/06/2022)

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37 Oct. 6, 2022

ENTRY of Appearance by Alison A Verret on behalf of Independent School District No 40 of Cleveland County Oklahoma (Verret, Alison) (Entered: 10/06/2022)

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38 Oct. 6, 2022

ENTRY of Appearance by Kent B Rainey on behalf of Independent School District No 2 of Cleveland County Oklahoma (Rainey, Kent) (Entered: 10/06/2022)

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39 Oct. 6, 2022

ANSWER to Complaint by Independent School District No 2 of Cleveland County Oklahoma.(Rainey, Kent) (Entered: 10/06/2022)

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40 Oct. 6, 2022

ENTRY of Appearance by Alison A Verret on behalf of Independent School District No 2 of Cleveland County Oklahoma (Verret, Alison) (Entered: 10/06/2022)

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41 Oct. 6, 2022

ENTRY of Appearance by Adam T Heavin on behalf of Independent School District No 2 of Cleveland County Oklahoma (Heavin, Adam) (Entered: 10/06/2022)

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42 Oct. 7, 2022

UNOPPOSED MOTION to Withdraw as Attorney Nicholas Guillory by All Plaintiffs. (Guillory, Nicholas) (Entered: 10/07/2022)

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43 Oct. 13, 2022

CERTIFICATE OF SERVICE by Plaintiffs Eli Bridge, Max Miles, Mia Miles, Aysha Prather, Steve Stiles, Sue Stiles re 25 MOTION for Order on Plaintiff's Motion for Judicial Notice, 16 Entry of Appearance, 24 MOTION for Preliminary Injunction, 9 MOTION for Leave to Appear Pro Hac Vice for Isaac Chaput Filing fee $ 50, receipt number AOKWDC-3986042, 21 MOTION for Leave to Appear Pro Hac Vice for Taylor Brown, 15 Entry of Appearance, 8 MOTION for Leave to Appear Pro Hac Vice for Mitchell Kamin Filing fee $ 50, receipt number AOKWDC-3986041, 23 Entry of Appearance, 14 Entry of Appearance, 18 Entry of Appearance, 7 MOTION for Leave to Appear Pro Hac Vice for Nicholas Guillory Filing fee $ 50, receipt number AOKWDC-3986040, 17 Entry of Appearance, 13 Entry of Appearance, 5 MOTION for Leave to Appear Pro Hac Vice for Jon Davidson Filing fee $ 50, receipt number AOKWDC-3986038, 6 MOTION for Leave to Appear Pro Hac Vice for Paul Castillo Filing fee $ 50, receipt number AOKWDC-3986039 (Roberts, Johanna) (Entered: 10/13/2022)

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44 Oct. 20, 2022

ORDER granting 42 Motion to Withdraw as Attorney. Attorney Nicholas A Guillory terminated. Signed by Judge Jodi W. Dishman on 10/20/2022. (nv) (Entered: 10/20/2022)

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45 Oct. 24, 2022

STRICKEN. MOTION for Leave to Proceed Pseudonymously by All Plaintiffs. (Roberts, Johanna) (Entered: 10/24/2022)

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46 Oct. 25, 2022

AMENDED MOTION for Leave to Proceed Pseudonymously by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Original Motion to Proceed Pseudonymously)(Roberts, Johanna) (Entered: 10/25/2022)

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Oct. 25, 2022

NOTICE from the Court 45 MOTION for Leave to Proceed Pseudonymously, STRICKEN as an amended version was filed at Doc. No. 46 (rr)

Oct. 25, 2022

Notice from the Court

47 Oct. 26, 2022

MOTION to Dismiss by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Weaver, Audrey) (Entered: 10/26/2022)

Clearinghouse
48 Nov. 1, 2022

ENTRY of Appearance by Kyle Peppler on behalf of Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith (Peppler, Kyle) (Entered: 11/01/2022)

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49 Nov. 2, 2022

UNOPPOSED MOTION for Extension of Time by All Defendants. (West, Zachary) (Entered: 11/02/2022)

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50 Nov. 7, 2022

ORDER granting in part and denying in part 49 Motion for Extension of Time to File. Defendants shall file their response to Plaintiffs' Motion for Preliminary Injunction [Doc. No. 24] on or before November 16, 2022. The Motion is otherwise DENIED without prejudice to resubmission. Signed by Judge Jodi W. Dishman on 11/07/2022. (nv) (Entered: 11/07/2022)

RECAP
51 Nov. 14, 2022

RESPONSE in Opposition re 46 AMENDED MOTION for Leave to Proceed Pseudonymously filed by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Flanagan, William) (Entered: 11/14/2022)

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52 Nov. 16, 2022

RESPONSE to Motion re 24 MOTION for Preliminary Injunction filed by Harding Independence Charter District Inc, Independent School District No 2 of Cleveland County Oklahoma, Independent School District No 40 of Cleveland County Oklahoma. (Attachments: # 1 Exhibit Ex. 1 Stefanick Affidavit, # 2 Exhibit Ex. 2 Solomon Declaration, # 3 Exhibit Ex. 3 Romines Declaration)(Rainey, Kent) (Entered: 11/16/2022)

1 Exhibit Ex. 1 Stefanick Affidavit

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2 Exhibit Ex. 2 Solomon Declaration

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3 Exhibit Ex. 3 Romines Declaration

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53 Nov. 16, 2022

RESPONSE in Opposition re 47 MOTION to Dismiss filed by All Plaintiffs. (Chaput, Isaac) (Entered: 11/16/2022)

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54 Nov. 16, 2022

RESPONSE in Opposition re 24 MOTION for Preliminary Injunction filed by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Attachments: # 1 Exhibit 1 - Declaration of Delicia Timmons, # 2 Exhibit 2 - Declaration of R.A., # 3 Exhibit 3 - Declaration of Julia Ray, # 4 Exhibit 4 - Expert Declaration of Kim Davis, # 5 Exhibit 5 - Expert Report of Dr. Debra W. Soh, PhD, # 6 Exhibit 6 - Expert Report of Dr. James Cantor, PhD)(Weaver, Audrey) (Entered: 11/16/2022)

1 Exhibit 1 - Declaration of Delicia Timmons

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2 Exhibit 2 - Declaration of R.A.

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3 Exhibit 3 - Declaration of Julia Ray

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4 Exhibit 4 - Expert Declaration of Kim Davis

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5 Exhibit 5 - Expert Report of Dr. Debra W. Soh, PhD

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6 Exhibit 6 - Expert Report of Dr. James Cantor, PhD

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55 Nov. 17, 2022

MOTION for Extension of Time to File Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction [ECF No. 24] by All Plaintiffs. (Chaput, Isaac) (Entered: 11/17/2022)

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56 Nov. 17, 2022

ENTRY of Appearance by William P Flanagan on behalf of Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith (Flanagan, William) (Entered: 11/17/2022)

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57 Nov. 18, 2022

UNOPPOSED MOTION for Extension of Time by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (West, Zachary) (Entered: 11/18/2022)

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58 Nov. 18, 2022

MOTION for Leave to Maintain Filed Parent Declaration Under Initials by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (West, Zachary) (Entered: 11/18/2022)

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59 Nov. 18, 2022

ORDER granting 55 Motion for Extension of Time to File. Plaintiffs shall file their consolidated reply brief, not to exceed twenty pages, on or before December 2, 2022. Signed by Judge Jodi W. Dishman on 11/18/2022. (nv) (Entered: 11/18/2022)

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60 Nov. 18, 2022

ORDER granting 57 Motion for Extension of Time to File. State Defendants shall file their reply to Plaintiffs' Opposition to State Defendants' Motion to Dismiss [Doc. No. 53] on or before December 2, 2022. Signed by Judge Jodi W. Dishman on 11/18/2022. (nv) (Entered: 11/18/2022)

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61 Nov. 21, 2022

REPLY by Plaintiffs Eli Bridge, Max Miles, Mia Miles, Aysha Prather, Steve Stiles, Sue Stiles re 46 AMENDED MOTION for Leave to Proceed Pseudonymously filed by All Plaintiffs. (Chaput, Isaac) (Entered: 11/21/2022)

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62 Dec. 2, 2022

REPLY by Plaintiffs Eli Bridge, Max Miles, Mia Miles, Aysha Prather, Steve Stiles, Sue Stiles re 24 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Attachment No. 1 - Supplemental Declaration of Sue Stiles, # 2 Attachment No. 2 - Supplemental Declaration of Stephanie L. Budge, Ph.D., # 3 Attachment No. 3 - Declaration of Isaac D. Chaput)(Chaput, Isaac) (Entered: 12/02/2022)

1 Attachment No. 1 - Supplemental Declaration of Sue Stiles

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2 Attachment No. 2 - Supplemental Declaration of Stephanie L. Budge, Ph.D.

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3 Attachment No. 3 - Declaration of Isaac D. Chaput

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63 Dec. 2, 2022

REPLY by Defendants Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith re 53 Response in Opposition to Motion to Dismiss filed by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Weaver, Audrey) (Entered: 12/02/2022)

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64 Dec. 7, 2022

MOTION to Strike 62 Reply, Affidavits in Support of Motion for Preliminary Injunction or, in the Alternative, Motion to File Surreply by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Weaver, Audrey) (Entered: 12/07/2022)

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65 Dec. 7, 2022

ORDER SETTING EXPEDITED BRIEFING. Before the Court is 64 State Defendants' Motion to Strike Plaintiffs' Reply Affidavits in Support of Motion for Preliminary Injunction or, in the Alternative, Motion to File Surreply. Under LCvR7.1(g), this matter is set for expedited briefing. Any response brief by Plaintiffs shall be limited to seven pages and must be filed on or before Wednesday, December 14, 2022, at 5:00 p.m. No reply will be permitted. If the issues described above are resolved by agreement at any time, counsel shall immediately notify the Court. Signed by Judge Jodi W. Dishman on 12/07/2022. (nv) (Entered: 12/07/2022)

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66 Dec. 14, 2022

RESPONSE in Opposition re 64 MOTION to Strike 62 Reply, Affidavits in Support of Motion for Preliminary Injunction or, in the Alternative, Motion to File Surreply filed by All Plaintiffs. (Chaput, Isaac) (Entered: 12/14/2022)

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67 Dec. 20, 2022

ORDER granting in part and denying in part 64 Motion to Strike 64 MOTION to Strike 62 Reply, Affidavits in Support of Motion for Preliminary Injunction or, in the Alternative, Motion to File Surreply. IT IS FURTHER ORDERED that State Defendants may file a limited surreply as set forth herein by Friday, January 6, 2023. The surreply shall not exceed 20 pages. Signed by Judge Jodi W. Dishman on 12/20/22. (rr) (Entered: 12/20/2022)

Clearinghouse
68 Jan. 5, 2023

ORDER re 47 MOTION to Dismiss filed by Sarah Lepak, Brian Bobek, Carlisha Bradley, Estela Hernandez, Trent Smith, Oklahoma State Department of Education, John O'Connor, Joy Hofmeister, Jennifer Monies. The parties may file supplemental briefs in response to this Order related solely to the topics mentioned above on or before Monday, February 6, 2023. The supplemental briefs shall not exceed 20 pages. Signed by Judge Jodi W. Dishman on 01/05/2023. (nv) (Entered: 01/05/2023)

RECAP
69 Jan. 6, 2023

SURREPLY re 62 Reply, filed by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Attachments: # 1 Exhibit 1 - Supp. Decl. of Dr. Cantor PhD (FINAL), # 2 Exhibit 2 - Expert Decl and Report of Kenneth Lanning (Reduced), # 3 Exhibit 3 - Expert Opinion of Sheriff Tim Hutchison (Retired), # 4 Exhibit 4 - Supp. Decl. of Kim Davis (FINAL))(Weaver, Audrey) (Entered: 01/06/2023)

1 Exhibit 1 - Supp. Decl. of Dr. Cantor PhD (FINAL)

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2 Exhibit 2 - Expert Decl and Report of Kenneth Lanning (Reduced)

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3 Exhibit 3 - Expert Opinion of Sheriff Tim Hutchison (Retired)

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4 Exhibit 4 - Supp. Decl. of Kim Davis (FINAL)

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70 Jan. 11, 2023

MOTION to Withdraw as Attorney by All Plaintiffs. (Roberts, Johanna) (Entered: 01/11/2023)

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71 Jan. 27, 2023

ORDER granting 70 Motion to Withdraw as Attorney. Attorney Johanna F Roberts terminated. Signed by Judge Jodi W. Dishman on 01/27/2023. (nv) (Entered: 01/27/2023)

RECAP
72 Feb. 3, 2023

RESPONSE to Motion re 24 MOTION for Preliminary Injunction filed by Harding Independence Charter District Inc, Independent School District No 2 of Cleveland County Oklahoma, Independent School District No 40 of Cleveland County Oklahoma. (Holmgren-Ganz, Laura) (Entered: 02/03/2023)

RECAP
73 Feb. 6, 2023

MEMORANDUM in Support re 24 MOTION for Preliminary Injunction filed by All Plaintiffs. (Chaput, Isaac) (Entered: 02/06/2023)

RECAP
74 Feb. 6, 2023

SUPPLEMENT re 47 MOTION to Dismiss by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (West, Zachary) (Entered: 02/06/2023)

RECAP
75 June 16, 2023

STRICKEN SUPPLEMENT re 24 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Chaput, Isaac) (Entered: 06/16/2023)

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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76 June 16, 2023

STRICKEN NOTICE (other) by All Plaintiffs (Chaput, Isaac) (Entered: 06/16/2023)

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77 June 16, 2023

STRICKEN SUPPLEMENT re 24 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1 - Doe v. Ladapo - 2023 WL 3833848, # 2 Exhibit Exhibit 2 - Fowler v. Stitt, 2023 WL 4010694, # 3 Exhibit Exhibit 3 - Poe v. Drummond, Statement of Interest of the United States, # 4 Exhibit Exhibit 4 - Grabowski v. Board of Regents, 2023 WL 3961123)(Chaput, Isaac) (Entered: 06/16/2023)

1 Exhibit Exhibit 1 - Doe v. Ladapo - 2023 WL 3833848

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2 Exhibit Exhibit 2 - Fowler v. Stitt, 2023 WL 4010694

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3 Exhibit Exhibit 3 - Poe v. Drummond, Statement of Interest of the United States

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4 Exhibit Exhibit 4 - Grabowski v. Board of Regents, 2023 WL 3961123

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RECAP
June 16, 2023

NOTICE from the Court, the 75 Supplement is STRICKEN for counsel's failure to comply with this Court's CM-ECF Policies and Procedures Manual, Section II(A)(4)(a). Specifically, a description of the exhibit must be provided in the docket entry. Counsel to refile within 24 hours from this Notice. The filing should not differ in substance apart from addressing the deficiencies raised in this Notice. (nv)

June 16, 2023

NOTICE from the Court, the 75 Supplement is STRICKEN for counsel's failure to comply with this Court's CM-ECF Policies and Procedures Manual, Section II(A)(4)(a). Specifically, a description of the exhibit must be provided in the docket entry. Counsel to refile within 24 hours from this Notice. The filing should not differ in substance apart from addressing the deficiencies raised in this Notice. (nv)

78 June 20, 2023

ORDER. The 76 Notice and 77 Letter, filed by Aysha Prather, Mia Miles, Max Miles, Eli Bridge, Sue Stiles, Steve Stiles are STRICKEN. See Order for all details. Signed by Judge Jodi W. Dishman on 6/20/2023. (nv) (Entered: 06/20/2023)

RECAP
79 June 21, 2023

SUPPLEMENT re 24 MOTION for Preliminary Injunction Amended Notice of Suppl. Authority by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Doe v Ladapo, 2023 WL 3833848, # 2 Exhibit 2 - Fowler v Stitt, 2023 WL 4010694, # 3 Exhibit 3 - Poe v Drummond Statement of Interest of the United States, # 4 Exhibit 4 - Grabowski v Board of Regents, 2023 WL 3961123, # 5 Exhibit 5 - KC v. Individual Members of the Med. Licensing Bd. of Ind., 2023 WL 4054086, # 6 Exhibit 6 - Brandt v. Rutledge, 2023 WL 4073727)(Chaput, Isaac) (Entered: 06/21/2023)

1 Exhibit 1 - Doe v Ladapo, 2023 WL 3833848

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2 Exhibit 2 - Fowler v Stitt, 2023 WL 4010694

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3 Exhibit 3 - Poe v Drummond Statement of Interest of the United States

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4 Exhibit 4 - Grabowski v Board of Regents, 2023 WL 3961123

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5 Exhibit 5 - KC v. Individual Members of the Med. Licensing Bd. of Ind., 2023 WL

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6 Exhibit 6 - Brandt v. Rutledge, 2023 WL 4073727

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80 June 29, 2023

SUPPLEMENT re 24 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1 - L.W. v. Skrmetti, 2023 WL 4232308, # 2 Exhibit 2 - Doe v. Thornbury, 2023 WL 4230481)(Chaput, Isaac) (Entered: 06/29/2023)

1 Exhibit 1 - L.W. v. Skrmetti, 2023 WL 4232308

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2 Exhibit 2 - Doe v. Thornbury, 2023 WL 4230481

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RECAP
81 July 7, 2023

MOTION to Strike 79 Supplement,, by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Weaver, Audrey) (Entered: 07/07/2023)

RECAP
82 July 7, 2023

ENTER ORDER The Court orders expedited briefing on responses to the State Defendants' 81 Motion to Strike Plaintiffs' Amended Notice of Supplemental Authority. Any party who opposes or who has not indicated a position shall file within 7 days of this Order any response brief it wishes to file. No reply will be permitted. Entered at the direction of Judge Jodi W. Dishman on 7/7/2023. (nv) (Entered: 07/07/2023)

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83 July 14, 2023

RESPONSE in Opposition re 81 MOTION to Strike 79 Supplement,, filed by All Plaintiffs. (Chaput, Isaac) (Entered: 07/14/2023)

RECAP
84 Aug. 3, 2023

MOTION to Withdraw as Attorney for Mitchell A. Kamin by All Plaintiffs. (Kamin, Mitchell) (Entered: 08/03/2023)

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85 Aug. 3, 2023

SUPPLEMENT re 24 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1 - AC by MC v Metropolitan School District of Martinsville, 2023 WL 4881915 (7th Cir. Aug. 1, 2023)(Chaput, Isaac) (Entered: 08/03/2023)

1 Exhibit 1 - AC by MC v Metropolitan School District of Martinsville, 2023 WL 488

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RECAP
86 Aug. 10, 2023

ORDER granting 84 Motion to Withdraw as Attorney. Attorney Mitchell Aaron Kamin terminated. Signed by Judge Jodi W. Dishman on 8/10/2023. (nv) (Entered: 08/10/2023)

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87 Aug. 14, 2023

ORDER granting in part and denying in part 81 Motion to Strike. State Defendants' may file as a notice of supplemental authority the States response to the United States' Statement of Interest in Poe within 7 days of this Order. Any such notice should not contain argument. Signed by Judge Jodi W. Dishman on 8/14/2023. (nv) (Entered: 08/14/2023)

RECAP
88 Aug. 17, 2023

SUPPLEMENT re 47 MOTION to Dismiss, 54 Response in Opposition to Motion,, by Brian Bobek, Carlisha Bradley, Estela Hernandez, Joy Hofmeister, Sarah Lepak, Jennifer Monies, John O'Connor, Oklahoma State Department of Education, Trent Smith. (Attachments: # 1 Attachment State of Oklahoma's Response to the US' SOI)(West, Zachary) (Entered: 08/17/2023)

1 Attachment State of Oklahoma's Response to the US' SOI

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89 Aug. 22, 2023

SUPPLEMENT re 46 AMENDED MOTION for Leave to Proceed Pseudonymously by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Poe v. Drummond, 2023 WL 4560820 (N.D. Okla. July 17, 2023))(Chaput, Isaac) (Entered: 08/22/2023)

1 Exhibit 1 - Poe v. Drummond, 2023 WL 4560820 (N.D. Okla. July 17, 2023)

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90 Sept. 29, 2023

ENTER ORDER. The Court ORDERS the parties to confer and file a motion to substitute any defendant who should be substituted under Federal Rules of Civil Procedure 25(d) and 17(d). The motion shall be filed within fourteen (14) days of this Order, or by October 13, 2023, and a proposed order shall be submitted to the Court via the Court's designated mailbox: dishman-orders@okwd.uscourts.gov. Entered at the direction of Judge Jodi W. Dishman on 9/29/2023. (nv) (Entered: 09/29/2023)

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Case Details

State / Territory:

Oklahoma

Case Type(s):

Public Accommodations/ Contracting/ Organizational Discrimination

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Transgender Bathroom Access Cases

Key Dates

Filing Date: Sept. 6, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are three transgender students in Oklahoma schools.

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

School District

Harding Independence Charter District, Inc.

Moore Public Schools (Independent School District no. 2)

Noble Public Schools (Independent School District no. 40)

Oklahoma City Public Schools (Independent School District no. 89)

State

Oklahoma Department of Education

Other

John O'Connor

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Facility Type(s):

Government-run

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

Other Dockets:

Western District of Oklahoma 5:22-cv-00787

U.S. Court of Appeals for the Tenth Circuit 24-06072

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Bathrooms

School/University Facilities

School/University policies

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Gender identity

Sex discrimination

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Recommended Citation