Case: Book People, Inc. v. Wong

COMPLAINT ( Filing fee $ 402 receipt number BTXWDC-17694553), filed by Comic Book Legal Defense Fund, American Booksellers Association, VBK, Inc. d/b/a Blue Willow Bookshop, Association of American Publishers, Book People, Inc., Authors Guild, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(Prather, Laura) (Entered: 07/25/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Civil Cover Sheet

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REQUEST FOR ISSUANCE OF SUMMONS by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. - Kevin Ellis (Prather, Laura) (Entered: 07/25/2023)

REQUEST FOR ISSUANCE OF SUMMONS by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. - Mike Morath (Prather, Laura) (Entered: 07/25/2023)

REQUEST FOR ISSUANCE OF SUMMONS by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. - Martha Wong (Prather, Laura) (Entered: 07/25/2023)

MOTION - Challenge to Constitutionality of a State Statute re 1 Complaint, by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. (Prather, Laura) (Entered: 07/25/2023)

MOTION for Preliminary Injunction by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Prather, Laura) (Entered: 07/25/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5)

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5)

Summons Issued as to Kevin Ellis. (cr5) (Entered: 07/26/2023)

To be Referred to AU Mag Judge

Case Assigned/Reassigned

Summons Issued as to Mike Morath. (cr5) (Entered: 07/26/2023)

ORDER REASSIGNING CASE. Case reassigned to Judge Alan D Albright for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (pg) (Entered: 07/26/2023)

Summons Issued as to Martha Wong. (cr5) (Entered: 07/26/2023)

RULE 7 DISCLOSURE STATEMENT filed by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Prather, Laura) (Entered: 07/27/2023)

ORDER Setting Hearing on 6 MOTION for Preliminary Injunction : Motion Hearing set for 8/18/2023 09:00 AM in Austin before Judge Alan D Albright. Signed by Judge Alan D Albright. (pg) (Entered: 07/28/2023)

SUMMONS Returned Executed by Comic Book Legal Defense Fund, American Booksellers Association, VBK, Inc., Association of American Publishers, Book People, Inc., Authors Guild, Inc.. Kevin Ellis served on 7/28/2023, answer due 8/18/2023. (Prather, Laura) (Entered: 07/28/2023)

SUMMONS Returned Executed by Comic Book Legal Defense Fund, American Booksellers Association, VBK, Inc., Association of American Publishers, Book People, Inc., Authors Guild, Inc.. Mike Morath served on 7/28/2023, answer due 8/18/2023. (Prather, Laura) (Entered: 07/28/2023)

SUMMONS Returned Executed by Comic Book Legal Defense Fund, American Booksellers Association, VBK, Inc., Association of American Publishers, Book People, Inc., Authors Guild, Inc.. Martha Wong served on 7/28/2023, answer due 8/18/2023. (Prather, Laura) (Entered: 07/28/2023)

MOTION to Appear Pro Hac Vice by Everett William Jack, Jr On behalf of Linda J. Steinman ( Filing fee $ 100 receipt number ATXWDC-17776195) by on behalf of Amici Association of University Presses, Barnes & Noble Booksellers, Inc., Freedom to Read Foundation, Freedom to Learn Advocates, American Association of School Librarians. (Jack, Everett) Modified on 8/16/2023 To edit text (bc). (Entered: 08/16/2023)

MOTION to Appear Pro Hac Vice by Everett William Jack, Jr on behalf of Celyra I. Myers ( Filing fee $ 100 receipt number ATXWDC-17776558) by on behalf of American Association of School Librarians, Amici Association of University Presses, Barnes & Noble Booksellers, Inc. Freedom to Learn Advocates, Freedom to Read Foundation. (Jack, Everett) Modified on 8/16/2023 To edit text (bc). (Entered: 08/16/2023)

Opposed MOTION for Leave to Exceed Page Limitation for Defs MTD and Resp in Opposition to Preliminary Injunction by Kevin Ellis, Mike Morath, Martha Wong. (Attachments: # 1 Attachment)(Cella, Christina) (Entered: 08/16/2023)

1 Attachment

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MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction by Kevin Ellis, Mike Morath, Martha Wong. (Cella, Christina) (Entered: 08/16/2023)

NOTICE of Attorney Appearance by Everett William Jack, Jr on behalf of American Association of School Librarians, Freedom to Learn Advocates, Freedom to Read Foundation, Association of University Presses, Barnes & Noble, Inc.. Attorney Everett William Jack, Jr added to party American Association of School Librarians(pty:am), Attorney Everett William Jack, Jr added to party Freedom to Learn Advocates(pty:am), Attorney Everett William Jack, Jr added to party Freedom to Read Foundation(pty:am), Attorney Everett William Jack, Jr added to party Association of University Presses(pty:am), Attorney Everett William Jack, Jr added to party Barnes & Noble, Inc.(pty:am) (Jack, Everett) (Entered: 08/17/2023)

RULE 7 DISCLOSURE STATEMENT filed by American Association of School Librarians, Association of University Presses, Barnes & Noble, Inc., Freedom to Learn Advocates, Freedom to Read Foundation identifying Corporate Parent Elliott Advisors (UK) Limited for Barnes & Noble, Inc.; Other Affiliate American Library Association for American Association of School Librarians. (Jack, Everett) (Entered: 08/17/2023)

Unopposed MOTION for Leave to File Amicus Brief by Everett W. Jack, Jr.. by American Association of School Librarians, Association of University Presses, Barnes & Noble, Inc., Freedom to Learn Advocates, Freedom to Read Foundation. (Attachments: # 1 Exhibit 1 - Proposed Amici Brief)(Jack, Everett) (Entered: 08/17/2023)

1 Exhibit 1 - Proposed Amici Brief

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Text Order GRANTING 22 Motion for Leave to File Amicus Brief. After considering the Motion for Leave to File Amicus Brief, and noting that it is unopposed, it is hereby ORDERED that the Motion is GRANTED. The Court's Clerk is directed to file the proposed Amici Brief (Exhibit 1) on the docket. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)

ORDER GRANTING 16 Motion to Appear Pro Hac Vice for Attorney Linda J. Steinman for American Association of School Librarians,Linda J. Steinman for Amici Association of University Presses,Linda J. Steinman for Barnes & Noble Booksellers, Inc.,Linda J. Steinman for Freedom to Learn Advocates,Linda J. Steinman for Freedom to Read Foundation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Alan D Albright. (pg) (Entered: 08/17/2023)

ORDER GRANTING 17 Motion to Appear Pro Hac Vice for Attorney Celyra I. Myers for American Association of School Librarians,Celyra I. Myers for Amici Association of University Presses,Celyra I. Myers for Barnes & Noble Booksellers, Inc.,Celyra I. Myers for Freedom to Learn Advocates,Celyra I. Myers for Freedom to Read Foundation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Alan D Albright. (pg) (Entered: 08/17/2023)

Text Order GRANTING 18 Motion for Leave to File Excess Pages. After considering Defendants' Motion for Leave to File Excess Pages and finding that good cause has been shown, it is ORDERED that the Motion is GRANTED. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)

REPLY to Response to Motion, filed by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc., re 19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Defendant Martha Wong, Defendant Mike Morath, Defendant Kevin Ellis (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prather, Laura) (Entered: 08/17/2023)

1 Exhibit A

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2 Exhibit B

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AMICUS' BRIEF regarding 19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction by American Association of School Librarians, Association of University Presses, Barnes & Noble, Inc., Freedom to Learn Advocates, Freedom to Read Foundation. (pg) (Entered: 08/18/2023)

Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 8/18/2023 re 6 MOTION for Preliminary Injunction filed by American Booksellers Association, Association of American Publishers, Book People, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, VBK, Inc. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(pg) (Entered: 08/18/2023)

ORDER Setting Motion Hearing for 8/28/2023 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 08/21/2023)

Unopposed MOTION for Leave to Exceed Page Limitation of Response in Opposition to MTD by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Attachments: # 1 Brief Plaintiffs' Response in Opposition to MTD, # 2 Exhibit Ex. A - Hearing Transcript, # 3 Proposed Order Proposed Order Granting Motion for Leave)(Prather, Laura) (Entered: 08/24/2023)

1 Brief Plaintiffs' Response in Opposition to MTD

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2 Exhibit Ex. A - Hearing Transcript

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3 Proposed Order Proposed Order Granting Motion for Leave

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Response in Opposition to Motion, filed by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc., re 19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Defendant Martha Wong, Defendant Mike Morath, Defendant Kevin Ellis (Attachments: # 1 Exhibit A - Hearing Transcript)(Prather, Laura) (Entered: 08/24/2023)

1 Exhibit A - Hearing Transcript

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Text Order GRANTING 29 Motion for Leave to File Excess Pages. On this day, the Court considered Plaintiffs Book People, Inc., VBK, Inc. d/b/a Blue Willow Bookshop, American Booksellers Association, Association of American Publishers, Authors Guild, Inc., and Comic Book Legal Defense Fund"s ("Plaintiffs") Unopposed Motion for Leave to File Response in Opposition to Defendants Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) in Excess of 20 Pages ("Motion for Leave"). After consideration of the Motion for Leave, the Court finds that the Motion for Leave should be GRANTED. IT IS ORDERED that Plaintiffs may file their Response in Opposition to Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) in excess of 20 pages. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)

RESPONSE in Support, filed by Kevin Ellis, Mike Morath, Martha Wong, re 19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Defendant Martha Wong, Defendant Mike Morath, Defendant Kevin Ellis (Cella, Christina) (Entered: 08/26/2023)

Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 8/28/2023 re 6 MOTION for Preliminary Injunction filed by American Booksellers Association, Association of American Publishers, Book People, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, VBK, Inc., 19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Martha Wong, Mike Morath, Kevin Ellis, 5 MOTION Challenge to Constitutionality of a State Statute re 1 Complaint, filed by American Booksellers Association, Association of American Publishers, Book People, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, VBK, Inc. WRITTEN ORDER FORTHCOMING. (Minute entry documents are not available electronically). (Court Reporter Lily Reznik.)(pg) (Entered: 08/28/2023)

ORDER Setting Zoom Status Conference for 8/31/2023 11:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 08/30/2023)

Unopposed MOTION for Leave to File Amicus Brief by Peter D. Kennedy. by Educational Book & Media Association. (Attachments: # 1 Brief, # 2 Proposed Order)(Kennedy, Peter) (Entered: 08/30/2023)

1 Brief

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2 Proposed Order

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Text Order GRANTING 34 Motion for Leave to File Amicus Brief. Pending before the Court is the Motion to File Educational Book & Media Association's Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction. Considering the motion, the pleadings on file, and argument of counsel, the Court concludes that the motion is hereby, GRANTED. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)

AMICUS BRIEF IN SUPPORT OF PLAINTIFF'S 6 MOTION for Preliminary Injunction, by Educational Book & Media Association. (pg) (Entered: 08/31/2023)

Minute Entry for proceedings held before Judge Alan D Albright: Status Conference held on 8/31/2023. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(pg) (Entered: 08/31/2023)

MOTION to Stay Proceedings Pending Appeal by Kevin Ellis, Mike Morath, Martha Wong. (Pletscher, Amy) (Entered: 09/01/2023)

ORDER Setting Zoom Motion Hearing for 9/11/2023 03:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2) (Entered: 09/08/2023)

Minute Entry for proceedings held before Judge Alan D Albright: Zoom Motions Hearing held on 9/11/2023. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(pg) (Entered: 09/11/2023)

Transcript filed of Proceedings held on 9-11-23, Proceedings Transcribed: Motions Hearing. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 12546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/4/2023, Redacted Transcript Deadline set for 10/16/2023, Release of Transcript Restriction set for 12/12/2023, (kd) (Entered: 09/13/2023)

Response in Opposition to Motion, filed by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc., re 37 MOTION to Stay Proceedings Pending Appeal filed by Defendant Martha Wong, Defendant Mike Morath, Defendant Kevin Ellis (Prather, Laura) (Entered: 09/15/2023)

ORDER Setting Zoom Status Conference for 9/19/2023 04:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 09/18/2023)

ORDER, Therefore, the Court ORDERS that Defendants' Motion to Dismiss Pursuant to Federal Rules of 59 Civil Procedure 12(b)(1) and 12(b)(6) (ECF No. 19 ) is DENIED. Plaintiffs' Motion for Preliminary Injunction (ECF No. 6 ) is GRANTED. IT IS FURTHER ORDERED that the chair of the Texas State Library Martha Wong,chair of the Texas Board of Education Keven Ellis, and Commissioner of Education Mike Morath and all of their officers, agents, employees, attorneys, and other persons in active concert with them ('Defendants') are ENJOINED from applying, enforcing, or attempting to enforce, either criminally or civilly, §§ 35.001, 35.002, 35.0021, and 35.003 of HB 900, the Restricting Explicitand Adult-Designated Educational Resources (READER) Act.. Signed by Judge Alan D Albright. (pg) (Entered: 09/18/2023)

Appeal of Order entered by District Judge 43 by Kevin Ellis, Mike Morath, Martha Wong. ( Filing fee $ 505 receipt number ATXWDC-17895103) (Cella, Christina) (Entered: 09/18/2023)

NOTICE OF INTERLOCUTORY APPEAL as to 43 Order. Filing fee $ 505, receipt number ATXWDC-17895103. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (pg)

ORDER RESETTING Zoom Status Conference for 9/19/2023 03:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 09/19/2023)

Notice of Appeal - Interlocutory

Minute Entry for proceedings held before Judge Alan D Albright: Status Conference held by Zoom on 9/19/2023 (Minute entry documents are not available electronically.) Written Order Forthcoming. (Court Reporter Kristie Davis.)(pg) (Entered: 09/19/2023)

TRANSCRIPT REQUEST by Kevin Ellis, Mike Morath, Martha Wong for dates of 8/18, 8/28 and 8/31/23. Proceedings Transcribed: Motions Hearings & Status Conf. Court Reporter: Lily Reznik.. (Cella, Christina) (Entered: 09/20/2023)

TRANSCRIPT REQUEST by Kevin Ellis, Mike Morath, Martha Wong for dates of 9/11 and 9/19/23. Proceedings Transcribed: Motion Hearing & Status Conf. Court Reporter: Kristie Davis.. (Cella, Christina) (Entered: 09/20/2023)

MOTION Letter Requesting Clarified Order re 43 Order (Prather, Laura) Modified docket text on 9/22/2023 (pg). (Entered: 09/21/2023)

DEFICIENCY NOTICE: re 49 MOTION Letter Requesting Clarified Order re 43 Order(cc3) Modified docket text entry on 9/22/2023 (pg). (Entered: 09/21/2023)

ATTACHMENT Proposed Order to 49 MOTION Letter Requesting Clarified Order re 43 Order, by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Robb, Catherine) (Entered: 09/21/2023)

Response in Opposition to Motion, filed by Kevin Ellis, Mike Morath, Martha Wong, re 49 MOTION Letter Requesting Clarified Order re 43 Order,,,, Terminate Motions,,, filed by Plaintiff American Booksellers Association, Plaintiff Association of American Publishers, Plaintiff Book People, Inc., Plaintiff Authors Guild, Inc., Plaintiff Comic Book Legal Defense Fund, Plaintiff VBK, Inc. (Cella, Christina) (Entered: 09/22/2023)

Transcript filed of Proceedings held on 9-19-23, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 12546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/16/2023, Redacted Transcript Deadline set for 10/24/2023, Release of Transcript Restriction set for 12/22/2023, Appeal Record due by 10/10/2023, (kd) (Entered: 09/23/2023)

Unopposed MOTION for Entry of Stipulation and Proposed Order Regarding Timing of an Application for Costs and Fees by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Attachments: # 1 Exhibit Joint Stipulation Regarding Plaintiffs' Application for Costs and Fees, # 2 Proposed Order)(Prather, Laura) (Entered: 09/25/2023)

1 Exhibit Joint Stipulation Regarding Plaintiffs' Application for Costs and F

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2 Proposed Order

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Transcript filed of Proceedings held on August 18, 2023, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/16/2023, Redacted Transcript Deadline set for 10/26/2023, Release of Transcript Restriction set for 12/26/2023, Appeal Record due by 10/10/2023, (lr) (Entered: 09/25/2023)

Transcript filed of Proceedings held on August 28, 2023, Proceedings Transcribed: Motion Hearing (Resumed). Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/16/2023, Redacted Transcript Deadline set for 10/26/2023, Release of Transcript Restriction set for 12/26/2023, Appeal Record due by 10/10/2023, (lr) (Entered: 09/25/2023)

Transcript filed of Proceedings held on August 31, 2023, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/16/2023, Redacted Transcript Deadline set for 10/26/2023, Release of Transcript Restriction set for 12/26/2023, Appeal Record due by 10/10/2023, (lr) (Entered: 09/25/2023)

ORDER of USCA ORDERING that an administrative stay is entered pendingfurther order of the court re Notice of Appeal - Interlocutory. (klw) (Entered: 09/25/2023)

Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (klw)

ORDER of USCA Appellants opposed motion to stay the preliminary injunction pending appeal is CARRIED WITH THE CASE. IT IS FURTHER ORDERED that the appeal is EXPEDITED to the next available oral argument panel. The administrative stay issued on September 25, 2023, continues in effect pending further order of the court. (klw) (Entered: 10/05/2023)

NOTICE of Attorney Appearance by Zachary Berg on behalf of Mike Morath. Attorney Zachary Berg added to party Mike Morath(pty:dft) (Berg, Zachary) (Entered: 02/06/2024)

NOTICE of Attorney Appearance by Munera Al-Fuhaid on behalf of Mike Morath. Attorney Munera Al-Fuhaid added to party Mike Morath(pty:dft) (Al-Fuhaid, Munera) (Entered: 02/06/2024)

ORDER of USCA declaring that a judge of this Court withholds issuance of the mandate in this appeal. (klw) (Entered: 02/09/2024)

Unopposed MOTION to Withdraw as Attorney and Designation of Attorney in Charge by Mike Morath. (Attachments: # 1 Proposed Order Granting Motion to Withdraw)(Cella, Christina) (Entered: 02/07/2024)

1 Proposed Order Granting Motion to Withdraw

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ORDER GRANTING DEFENDANT'S 62 MOTION TO WITHDRAWAL AND DESIGNATION OF COUNSEL. Signed by Judge Alan D Albright. (pg) (Entered: 02/08/2024)

Certified copy of USCA JUDGMENT/MANDATE AFFIRMING in Part, REVERSING in Part and REMANDING in Part the district court's ruling re: 44 Notice of Appeal (E-Filed) filed by Martha Wong, Mike Morath, Kevin Ellis. ORDER that each party bear its own costs on appeal. (klw) (Entered: 04/29/2024)

ORDER SETTING ZOOM STATUS CONFERENCE ( Status Conference set for 5/8/2024 04:00 PM before Judge Alan D Albright). Signed by Judge Alan D Albright. (pg) (Entered: 05/02/2024)

Minute Entry for proceedings held before Judge Alan D Albright: Zoom Status Conference held on 5/8/2024. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(pg) (Entered: 05/09/2024)

ANSWER to 1 Complaint, by Mike Morath.(Pletscher, Amy) (Entered: 05/09/2024)

ORDER SETTING ZOOM SCHEDULING CONFERENCE ( Scheduling Conference set for 8/1/2024 10:00 AM before Judge Alan D Albright). Signed by Judge Alan D Albright. (pg) (Entered: 07/02/2024)

ORDER DISMISSING CERTAIN DEFENDANTS, Kevin Ellis (in his official capacity the Chair of the Texas State Board of Education) and Martha Wong (in her official capacity as the Chair of the Texas State Library and Archives Commission) terminated. Attorney Amy Elizabeth Pletscher terminated. Signed by Judge Alan D Albright. (pg) (Entered: 07/17/2024)

NOTICE of Defendant's Proposed Scheduling Order by Mike Morath (Pletscher, Amy) (Entered: 07/31/2024)

DEFICIENCY NOTICE: (Re: Notice of Defendant's Proposed Scheduling Order) Your pleading is deficient because the proposed order does not contain a signature line for the judges signature. Please correct your proposed order to include a signed on date line and a signature line for the presiding judge then resubmit.(cnr) (Entered: 07/31/2024)

Proposed Scheduling Order by Mike Morath. (Pletscher, Amy) (Entered: 07/31/2024)

NOTICE of Plaintiffs' Federal Rule of Civil Procedure 26 Report by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. (Attachments: # 1 Exhibit A - June 21 2024 email requesting Rule 26 conference and clarity on scope of discovery, # 2 Exhibit B - June 25 2024 email sending draft Rule 26 report and requesting conference, # 3 Exhibit C - June 27 2024 - third attempt to schedule Rule 26 conference, # 4 Exhibit Plaintiff's Rule 26 Report)(Prather, Laura) (Entered: 07/31/2024)

1 Exhibit A - June 21 2024 email requesting Rule 26 conference and clarity on scop

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2 Exhibit B - June 25 2024 email sending draft Rule 26 report and requesting confe

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3 Exhibit C - June 27 2024 - third attempt to schedule Rule 26 conference

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4 Exhibit Plaintiff's Rule 26 Report

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Rule 26(f) Discovery Report/Case Management Plan by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Prather, Laura) (Entered: 07/31/2024)

Deficiency Notice

DEFICIENCY NOTICE to Laura Prather: re 75 Rule 26(f) Discovery Report/Case Management Plan. This document is deficient because it lacks a signature block from an admitted attorney, and a certificate of service. Please refile a CORRECTED or AMENDED document in full pleading format pursuant to FRCP 11. (cnr)

Rule 26(f) Discovery Report/Case Management Plan, Corrected, by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Prather, Laura) (Entered: 08/01/2024)

TRANSCRIPT REQUEST by Mike Morath for proceedings held on 8/1/2024. Proceedings Transcribed: Scheduling Conference. Court Reporter: Kristie Davis. (Pletscher, Amy) (Entered: 08/01/2024)

Minute Entry for proceedings held before Judge Alan D Albright: Zoom Scheduling Conference held on 8/1/2024. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(pg) (Entered: 08/02/2024)

Transcript filed of Proceedings held on 8-1-24, Proceedings Transcribed: Scheduling Conference. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 254-666-0904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/23/2024, Redacted Transcript Deadline set for 9/3/2024, Release of Transcript Restriction set for 10/31/2024, (kd) (Entered: 08/02/2024)

NOTICE of Attorney Appearance by Ryan G. Kercher on behalf of Mike Morath. Attorney Ryan G. Kercher added to party Mike Morath(pty:dft) (Kercher, Ryan) (Entered: 08/02/2024)

Proposed Order Joint Scheduling Order to 79 Scheduling Conference by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Prather, Laura) (Entered: 09/10/2024)

AMENDED SCHEDULING ORDER: Discovery due by 10/11/2024, Motions for Summary Judgment 11/15/2024. Signed by Judge Alan D Albright. (pg) (Entered: 09/11/2024)

Opposed MOTION to Substitute Attorney Lead Counsel by Mike Morath. (Attachments: # 1 Proposed Order Granting Substitution of Lead Counsel)(Pletscher, Amy) (Entered: 10/11/2024)

Order on Motion to Substitute Attorney

Text Order GRANTING 83 Motion to Substitute Attorney. The Court notes that Attorney Laura Prather has indicated the opposed nature of this motion was due to a conflict preventing a joint filing. Therefore, noting there is no opposition, the motion is granted. Ryan Kercher, Deputy Chief of the Special Litigation Division, is substituted as lead counsel in place of Amy Pletscher. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cblc)

Joint MOTION to Extend Scheduling Order Deadlines in Amended Scheduling Order and to Modify Page Limits for Summary Judgment Briefing by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Prather, Laura) (Entered: 11/11/2024)

Joint MOTION to Extend Scheduling Order Deadlines and Modify Page Limits for Summary Judgment Briefing by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Attachments: # 1 Proposed Order Granting Motion to Modify Scheduling Order and Page Limits for Summary Judgment Briefing)(Prather, Laura) (Entered: 11/14/2024)