Case: Gore v. Lee

3:19-cv-00328 | U.S. District Court for the Middle District of Tennessee

Filed Date: April 23, 2019

Case Ongoing

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Case Summary

This case is about the right of transgender individuals born in Tennessee to change the gender marker on their birth certificates. On April 23, 2019, four transgender adults brought this lawsuit against the governor of Tennessee and the Commissioner of the Tennessee Department of Health, challenging the State’s categorical refusal to change the gender marker on transgender people’s birth certificates. Represented by Lambda Legal and private counsel, Plaintiffs alleged that such a policy violate…

· (1) Deprived them of equal protection in violation of the Fourteenth Amendment by refusing transgender people—and transgender people alone—a birth certificate that accurately reflected their gender;

· (2) Deprived them of their right to informational privacy and liberty under the due process clause of the Fourteenth Amendment by causing disclosure of their transgender status;

· (3) Abridged their right to free speech in violation of the First Amendment by forcing them to identify with a sex that conflicts with who they are and/or disclose their transgender status.

Plaintiffs asked for declaratory relief, attorneys’ fees, and for a permanent injunction directing that defendants correct gender markers on the birth certificate of transgender individuals who seek such an amendment to their birth certificate. This case was assigned to District Judge Eli J. Richardson and Magistrate Judge Barbara D. Holmes.

The defendants filed a motion to dismiss for failure to state a claim on June 17, 2019. After a series of response motions and a hearing on November 26, 2019, Plaintiffs moved to amend their complaint. On March 2, 2020, the Court granted Plaintiffs’ motion and denied the State’s motion to dismiss as moot. The next day, Plaintiffs filed their amended complaint, which remained substantively the same, but replaced one individual Plaintiffs with another transgender individual.

On March 9, 2020, Plaintiffs moved for summary judgment on all three of their claims. Defendants filed a second motion to dismiss soon after on March 17. The parties filed a series of response briefs to both motions throughout the spring of 2020. The Court then failed to rule on either motion for several years, until the parties filed a joint motion to ascertain the status of the case on April 7, 2023.

Judge Eli Richardson issued an opinion granting defendants’ motion to dismiss on June 22, 2023, finding that the State was not constitutionally required to allow transgender people to change the gender marker on their birth certificates. 2023 WL 4141665. The Court found Plaintiffs’ equal protection claim implausible, opining that transgender persons were not treated differently than cisgender persons. Specifically, where Plaintiffs argued that their birth certificates reflected an inaccurate gender, the Court found that they accurately reflected Plaintiffs’ sex at birth. Regarding the substantive due process claims, although recognizing that the disclosure of one’s transgender status can lead to harm and stigma, the Court nevertheless held that there was no substantive right to informational privacy regarding transgender status. The Court further found that the State’s birth certificate policy did not implicate, let alone infringe, on Plaintiffs’ liberty interest in defining and expressing their gender identity, since Tennessee birth certificates refer to sex at birth and not gender identity. Finally, the Court dismissed Plaintiffs’ First Amendment claim, finding that they did not plausibly allege that their presentation of a Tennessee birth certificate operated to convey any offensive message as it related to their gender identity, since the birth certificates only indicated sex at birth.

On July 26, 2023, Plaintiffs appealed the district court’s dismissal of the equal protection and due process claims to the Sixth Circuit (23-5669). Plaintiffs did not appeal the district court’s ruling on the First Amendment claim.

Throughout the briefing period, several advocacy groups filed amicus briefs in support of either party. Most notably, on December 28, 2023, twenty states (Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia) filed an amicus brief in support of Tennessee’s position.

On July 12, 2024, the Sixth Circuit issued a 2-to-1 opinion affirming the district court’s dismissal. 107 F.4th 548. Judges Jeffrey Sutton and Amul Thapar wrote the majority, and Judge Helene White dissented.

The majority was unpersuaded by Plaintiffs’ equal protection claim. First, they found that Tennessee’s birth certificate policy did not constitute differential treatment on the basis of sex because all persons, regardless of sex, we afforded by the State a birth certificate indicating their sex at birth. They also explicitly declined to extend the reasoning of Bostock—by which the State’s birth certificate policy would be found to discriminate against Plaintiffs on the basis of sex—to this context. Second, the majority held that transgender status is not a suspect class entitled to heightened scrutiny under equal protection analysis. Therefore, using rational basis review, the majority held that the birth certificate policy was rationally related to the state’s interest in tracking the sex of infants at birth to aid the public health of the state. The majority then concluded that the Tennessee policy did not constitute unlawful discrimination against transgender individuals, since there was not enough evidence of animus against transgender individuals by the State.

Regarding the substantive due process claim, the Sixth Circuit held that there was no substantive right to a birth certificate reflecting one’s gender identity or to keeping one’s transgender status private. The majority found Plaintiffs’ argument that inaccurate birth certificates led to the disclosure of their transgender identity unconvincing, finding that the State itself did not disclose such information. The majority pointed to history, arguing that there is no deeply rooted tradition of governments providing birth certificates that conform with gender identity, and that the issue should be left to legislative debate.

Judge White, in dissent, would have held that Tennessee’s policy violated both the equal protections and due process clauses of the Fourteenth Amendment. She used the reasoning in Bostock to find that the State’s policy classified people as male and female in deciding whether they may receive amended birth certificate indicating one sex or another. Thus, she applied intermediate scrutiny and determined that the birth certificate policy was insufficiently tailored to the purported interests the State advanced. She therefore found that the State’s policy discriminated against transgender individuals on the basis of sex by withholding the government benefit of an accurate birth certificate. Regarding Plaintiffs’ due process claim, Judge White concluded that the State’s policy effectively disclosed transgender status, thus implicating Plaintiffs’ fundamental interests in bodily integrity and private sexual matters. As the policy did not withstand intermediate scrutiny in the equal protections analysis, it could not survive strict scrutiny here.

On July 23, 2024, Plaintiffs indicated their intent to petition for a rehearing en banc, but asked the court to extend their time to file the petition. Plaintiffs asked that the Sixth Circuit extend the deadline to 14 days after the Supreme Court issued its decision in L.W. v. Skrmetti—set to be decided in June 2025—which asks whether the denial of gender affirming care to patients under 18 years of age violates their constitutional rights. The Court granted a partial extension, giving Plaintiffs an additional 45 days to petition for rehearing. Accordingly, Plaintiffs filed their petition on September 9, 2024.

As of November 4, 2024, Plaintiffs’ petition for rehearing en banc is pending before the Sixth Circuit.

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Summary Authors

Sarah Portwood (11/4/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14986246/parties/gore-v-lee/

Attorney for Plaintiff

Andrews, Alison Dawn (Tennessee)

Buchert, Sasha (Tennessee)

Attorney for Defendant

Expert/Monitor/Master/Other

Beecher, Suzanne (Tennessee)

Bursch, John J. (Tennessee)

Crozier, Patience Wells (Tennessee)

Attorney for Plaintiff

Andrews, Alison Dawn (Tennessee)

Buchert, Sasha (Tennessee)

Dwertman, Madeleine Rose (Tennessee)

Gonzalez-Pagan, Omar (Tennessee)

Lee, C. Joshua (Tennessee)

Roessler, Brandt Thomas (Tennessee)

Villareal, Gavin Robert (Tennessee)

Winemiller, John T. (Tennessee)

Attorney for Defendant

Griffin, Steven James (Tennessee)

Rice, James Matthew (Tennessee)

Sedgwick, Sara E. (Tennessee)

Expert/Monitor/Master/Other

Beecher, Suzanne (Tennessee)

Bursch, John J. (Tennessee)

Crozier, Patience Wells (Tennessee)

Eggspuehler, Chad Michael (Tennessee)

Powell, Anthony J. (Tennessee)

Scruggs, Jonathan Andrew (Tennessee)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:19-cv-00328	Complaint for Declaratory and Injunctive Relief	April 23, 2019	April 23, 2019 Complaint
59 3:19-cv-00328	Amended Complaint	March 3, 2020	March 3, 2020 Complaint
110 3:19-cv-00328	Memorandum Opinion	June 22, 2023	June 22, 2023 Order/Opinion 2023 WL 4141665
111 3:19-cv-00328	Order	June 22, 2023	June 22, 2023 Order/Opinion 2023 WL 4141665
23-5669 23-05669	Opinion U.S. Court of Appeals for the Sixth Circuit	July 12, 2024	July 12, 2024 Order/Opinion 107 F.4th 548

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Resources

Title	Description		External URL Date / External URL
[Untitled]	Lambda Legal filed a federal lawsuit on behalf of four transgender Tennesseeans seeking to allow transgender individuals to correct the gender marker on their Tennessee birth certificates.		https://lambdalegal.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14986246/gore-v-lee/

Last updated May 4, 2024, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against William Byron Lee, Lisa Piercey (Filing fee $400, Receipt number 0650-2897763), filed by Kayla Gore, K.N., Jason Scott, L.G. (Attachments: # 1 Civil Cover Sheet)(jw) (Entered: 04/23/2019) 1 Attachment Civil Cover Sheet View on PACER	April 23, 2019	April 23, 2019 Clearinghouse
	TN State Bar status verified as active for John T. Winemiller; NY State Bar status verified as active for Brandt Thomas Roessler and Omar Gonzalez-Pagan; CA State Bar status verified as active for Kathryn S. Christopherson and Stuart C. Plunkett; TX State Bar status verified as active for Maddy Dwertman; GA State Bar status verified as active for Tara L. Borelli; OR State Bar status verified as active for Sasha Buchert. (jw)	April 23, 2019	April 23, 2019 PACER
	NOTICE TO COUNSEL Stuart C. Plunkett, Maddy Dwertman, Omar Gonzalez-Pagan, Brandt Thomas Roessler, Tara L. Borelli, Kathryn S. Christopherson, 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 $100.00 (LR 83.01(b)). PHV due by 5/14/2019. (jw)	April 23, 2019	April 23, 2019 PACER
2	NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jw) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
3	NOTICE of Initial Case Management Conference set for 6/24/2019 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (jw) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
4	Summons issued as to William Byron Lee and Lisa Piercey. Service copies returned to counsel by mail. (jw) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
	Annotation - PHV	April 23, 2019	April 23, 2019 PACER
5	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). Signed by District Judge Eli J. Richardson on 4/23/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
	Annotation - Bar Status	April 23, 2019	April 23, 2019 PACER
6	MOTION for Leave to Proceed Pseudonymously and for Protective Order by L.G.. (Winemiller, John) (Entered: 04/24/2019)	April 24, 2019	April 24, 2019 RECAP
7	MEMORANDUM in Support of 6 MOTION for Leave to Proceed Pseudonymously and for Protective Order filed by L.G. . (Attachments: # 1 Attachment Proposed Order)(Winemiller, John) (Entered: 04/24/2019) 1 Attachment Proposed Order View on PACER	April 24, 2019	April 24, 2019 RECAP
8	MOTION for Leave to Proceed Pseudonymously and for Protective Order by K.N.. (Winemiller, John) (Entered: 04/24/2019)	April 24, 2019	April 24, 2019 PACER
9	MEMORANDUM in Support of 8 MOTION for Leave to Proceed Pseudonymously and for Protective Order filed by K.N. . (Attachments: # 1 Attachment Proposed Order)(Winemiller, John) (Entered: 04/24/2019) 1 Attachment Proposed Order View on PACER	April 24, 2019	April 24, 2019 PACER
10	MOTION for attorney Stuart C. Plunkett to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2900669) by Kayla Gore, K.N., L.G., Jason Scott. (Winemiller, John) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
11	MOTION for attorney Madeline Rose Dwertman to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2900675) by Kayla Gore, K.N., L.G., Jason Scott. (Winemiller, John) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
12	MOTION for attorney Brandt Thomas Roessler to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2900678) by Kayla Gore, K.N., L.G., Jason Scott. (Winemiller, John) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
13	MOTION for attorney Kathryn S. Christopherson to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2900683) by Kayla Gore, K.N., L.G., Jason Scott. (Winemiller, John) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
14	MOTION for attorney Omar Gonzalez-Pagan to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2900687) by Kayla Gore, K.N., L.G., Jason Scott. (Winemiller, John) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
15	MOTION for attorney Tara L. Borelli to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2900694) by Kayla Gore, K.N., L.G., Jason Scott. (Winemiller, John) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
16	MOTION for attorney Sasha Buchert to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2900699) by Kayla Gore, K.N., L.G., Jason Scott. (Winemiller, John) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
	NOTICE TO FILER re DE# 12 : The Certificate of Good Standing must be from a United States District Court or a United States appellate court. The new certificate shall be filed within 10 days. (jw)	April 26, 2019	April 26, 2019 PACER
	Annotation - Deficiency Notice	April 26, 2019	April 26, 2019 PACER
17	ORDER: The motions to appear pro hac vice (Doc. Nos. 10, 11, 13, 14, 15, and 16) of Stuart C. Plunkett, Madeline Rose Dwertman, Kathryn S. Christopherson, Omar Gonzalez-Pagan, Tara L. Borelli, and Sasha Buchert are GRANTED. Signed by Vicki R. Kinkade on 4/30/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 04/30/2019)	April 30, 2019	April 30, 2019 PACER
18	NOTICE of Filing by Kayla Gore, K.N., L.G., Jason Scott (Attachments: # 1 Attachment Certificate of Good Standing)(Winemiller, John) (Entered: 05/06/2019)	May 6, 2019	May 6, 2019 PACER
19	ORDER granting 12 Motion for Brandt Thomas Roessler to Appear Pro Hac Vice. Signed by Vicki R. Kinkade on 5/6/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 05/07/2019)	May 6, 2019	May 6, 2019 PACER
20	SUMMONS returned executed by Kayla Gore, K.N., Jason Scott, L.G.. William Byron Lee served on 4/29/2019. (Winemiller, John) (Entered: 05/07/2019)	May 7, 2019	May 7, 2019 PACER
21	SUMMONS returned executed by Kayla Gore, K.N., Jason Scott, L.G.. Lisa Piercey served on 4/29/2019. (Winemiller, John) (Entered: 05/07/2019)	May 7, 2019	May 7, 2019 PACER
22	ORDER granting 6 Motion for Leave for Plaintiff L.G. to Proceed Pseudonymously. Signed by Magistrate Judge Barbara D. Holmes on 5/9/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 05/10/2019)	May 9, 2019	May 9, 2019 RECAP
23	ORDER granting 8 Motion for Leave for Plaintiff K.N. to Proceed Pseudonymously. Signed by Magistrate Judge Barbara D. Holmes on 5/9/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 05/10/2019)	May 9, 2019	May 9, 2019 PACER
24	MOTION for Extension of Time to File Response/Reply by William Byron Lee, Lisa Piercey. (Shew, Dianna) (Entered: 05/16/2019)	May 16, 2019	May 16, 2019 PACER
25	NOTICE of Appearance by Nicholas R. Barry on behalf of All Defendants (Barry, Nicholas) (Entered: 05/21/2019)	May 21, 2019	May 21, 2019 PACER
26	NOTICE of Appearance by Sara Elizabeth Sedgwick on behalf of All Defendants (Sedgwick, Sara) (Entered: 05/21/2019)	May 21, 2019	May 21, 2019 PACER
	TN State Bar status verified as active for Nicholas R. Barry and Sara Elizabeth Sedgwick. (jw)	May 22, 2019	May 22, 2019 PACER
	Annotation - Bar Status	May 22, 2019	May 22, 2019 PACER
27	ORDER granting 24 Motion for Extension of Time to File a Responsive Pleading. Signed by Magistrate Judge Barbara D. Holmes on 6/11/2019. (jw) (Entered: 06/11/2019)	June 11, 2019	June 11, 2019 PACER
28	MOTION to Dismiss for Failure to State a Claim by William Byron Lee, Lisa Piercey. (Shew, Dianna) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 RECAP
29	MEMORANDUM in Support of 28 MOTION to Dismiss for Failure to State a Claim filed by William Byron Lee, Lisa Piercey . (Shew, Dianna) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 RECAP
30	MOTION for Leave to allow John T. Winemiller to stand in for their lead counsel, Omar Gonzalez-Pagan, at the scheduling conference on Monday, June 24, 2019 by Kayla Gore, K.N., L.G., Jason Scott. (Winemiller, John) (Entered: 06/19/2019)	June 19, 2019	June 19, 2019 PACER
31	PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Roessler, Brandt) (Entered: 06/19/2019)	June 19, 2019	June 19, 2019 PACER
32	ORDER granting 30 Plaintiffs' motion for leave to excuse the attendance of lead counsel at the initial case management conference. Mr. Gonzalez-Pagan is excused from attendance at the June 24 initial case management conference. The attorneys appearing for Plaintiffs shall have access to the calendar of Mr. Gonzalez-Pagan and any other calendars as necessary for scheduling purposes. Signed by Magistrate Judge Barbara D. Holmes on 06/20/2019. (BH) (Entered: 06/20/2019)	June 20, 2019	June 20, 2019 PACER
	Order on Motion for Leave	June 20, 2019	June 20, 2019 PACER
33	First MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss for Failure to State a Claim by Kayla Gore, K.N., L.G., Jason Scott. (Roessler, Brandt) (Entered: 06/21/2019)	June 21, 2019	June 21, 2019 PACER
34	ORDER granting 33 Motion for Extension of Time to File Responsive Pleading re 28 MOTION to Dismiss for Failure to State a Claim. Plaintiffs' response is due on or before July 29, 2019. Any reply is due on or before August 5, 2019. Signed by District Judge Eli J. Richardson on 6/21/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 06/24/2019)	June 21, 2019	June 21, 2019 PACER
	Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference held on 6/24/2019; ORDER to enter. (Tape #digital recording.) (Hearing lasted :56)(jwc)	June 24, 2019	June 24, 2019 PACER
	Case Management Conference	June 24, 2019	June 24, 2019 PACER
35	ORDER: Defendants filed a motion to dismiss with supporting memorandum (Docket Nos. 28-29). The deadlines for responsive filings are provided for in prior orders of the Court. (Docket Entry No. 34). The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. Signed by Magistrate Judge Barbara D. Holmes on 6/28/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 06/28/2019)	June 28, 2019	June 28, 2019 PACER
36	INITIAL CASE MANAGEMENT ORDER: Discovery due by 5/29/2020. Motions to Amend Pleadings due by 1/10/2020. Dispositive Motions due by 7/23/2020. Subsequent Case Management Conference held telephonically on 3/25/2020 at 10:00 a.m. Signed by Magistrate Judge Barbara D. Holmes on 7/1/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
37	ORDER: Jury Trial set for 1/19/2021 at 9:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference set for 1/11/2021 at 9:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Joint Proposed Pretrial Order due by 1/4/2021. Exhibit List and Witness List due by 1/4/2021. Signed by District Judge Eli J. Richardson on 7/8/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
38	Joint MOTION for Protective Order by Kayla Gore, K.N., L.G., Jason Scott. (Attachments: # 1 Attachment Proposed Stipulated Protective Order)(Roessler, Brandt) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
39	NOTICE of Voluntary Dismissal by Jason Scott (Roessler, Brandt) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
40	ORDER: Plaintiff Jason Scott's claims against Defendants are hereby DISMISSED without prejudice. Signed by District Judge Eli J. Richardson on 7/12/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
41	ORDER granting 38 parties' joint motion for a protective order. The parties' stipulated protective order is entered separately. Signed by Magistrate Judge Barbara D. Holmes on 07/21/2019. (BH) (Entered: 07/21/2019)	July 21, 2019	July 21, 2019 PACER
	Order on Motion for Protective Order	July 21, 2019	July 21, 2019 PACER
42	STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Barbara D. Holmes on 7/22/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
43	RESPONSE in Opposition re 28 MOTION to Dismiss for Failure to State a Claim filed by Kayla Gore, K.N., L.G.. (Winemiller, John) (Entered: 07/29/2019)	July 29, 2019	July 29, 2019 RECAP
44	RESPONSE in Support re 28 MOTION to Dismiss for Failure to State a Claim filed by William Byron Lee, Lisa Piercey. (Shew, Dianna) (Entered: 08/05/2019)	Aug. 5, 2019	Aug. 5, 2019 RECAP
45	NOTICE by Kayla Gore, K.N., L.G. of Supplemental Authority (Attachments: # 1 Exhibit Ray v Himes - Opinion and Order)(Winemiller, John) (Entered: 09/13/2019)	Sept. 13, 2019	Sept. 13, 2019 PACER
46	Joint Case Resolution Status Report by Kayla Gore, K.N., L.G.. (Gonzalez-Pagan, Omar) (Entered: 10/22/2019)	Oct. 22, 2019	Oct. 22, 2019 RECAP
47	ORDER: A telephonic status/case management conference will be held on November 26, 2019, at 10:00 a.m. Signed by Magistrate Judge Barbara D. Holmes on 11/12/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 11/13/2019)	Nov. 12, 2019	Nov. 12, 2019 PACER
48	NOTICE of Change of Address by John T. Winemiller (Winemiller, John) (Entered: 11/20/2019)	Nov. 20, 2019	Nov. 20, 2019 PACER
	Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 11/26/2019. (Tape #not recorded.) (Hearing lasted :15)(jwc)	Nov. 26, 2019	Nov. 26, 2019 PACER
	Telephone Conference	Nov. 26, 2019	Nov. 26, 2019 PACER
49	NOTICE by William Byron Lee, Lisa Piercey of Withdrawal from case (Barry, Nicholas) (Entered: 11/27/2019)	Nov. 27, 2019	Nov. 27, 2019 RECAP
50	ORDER: The Court is satisfied that the parties are following the Court's expectations for the case resolution plan in this case. The parties are reminded of the deadline of June 23, 2020 (Docket No. 36 at F) for a second joint case resolution status report. Signed by Magistrate Judge Barbara D. Holmes on 12/4/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 12/04/2019)	Dec. 4, 2019	Dec. 4, 2019 RECAP
51	MOTION for attorney Gavin R. Villareal to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3053905) by Kayla Gore, K.N., L.G.. (Attachments: # 1 Attachment Certificate of Good Standing)(Roessler, Brandt) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
	TX State Bar status verified as active for Gavin R. Villareal. (jw)	Jan. 2, 2020	Jan. 2, 2020 PACER
52	ORDER granting 51 Motion for Gavin R. Villareal to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/2/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 01/02/2020)	Jan. 2, 2020	Jan. 2, 2020 PACER
	Annotation - Bar Status	Jan. 2, 2020	Jan. 2, 2020 PACER
53	MOTION to Amend/Correct Complaint for Declaratory and Injunctive Relief by Kayla Gore, K.N., L.G.. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Winemiller, John) (Entered: 01/09/2020) 1 Exhibit Proposed Amended Complaint View on PACER	Jan. 9, 2020	Jan. 9, 2020 PACER
54	NOTICE by Kayla Gore, K.N., L.G. (Winemiller, John) (Entered: 01/23/2020)	Jan. 23, 2020	Jan. 23, 2020 PACER
55	MOTION for Extension of Time to File DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO SERVE EXPERT DISCLOSURES by William Byron Lee. (Shew, Dianna) (Entered: 02/19/2020)	Feb. 19, 2020	Feb. 19, 2020 PACER
56	RESPONSE to Motion re 55 MOTION for Extension of Time to File DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO SERVE EXPERT DISCLOSURES filed by Kayla Gore, K.N., L.G. (Winemiller, John) (Entered: 02/25/2020)	Feb. 25, 2020	Feb. 25, 2020 PACER
57	REPLY to Response to re 55 MOTION for Extension of Time to File DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO SERVE EXPERT DISCLOSURES filed by William Byron Lee, Lisa Piercey. (Shew, Dianna) (Entered: 02/26/2020)	Feb. 26, 2020	Feb. 26, 2020 PACER
58	ORDER: Plaintiffs' pending motion to amend complaint ( 53 ) is GRANTED; Defendants' pending motion to dismiss ( 28 ) is terminated without prejudice to Defendants refiling as to the amended complaint; and Defendants' motion for an extension of time to serve expert disclosures ( 55 ) is GRANTED. Signed by Magistrate Judge Barbara D. Holmes on 3/2/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) (Entered: 03/03/2020)	March 2, 2020	March 2, 2020 PACER
59	AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Kayla Gore, K.N., L.G. (Winemiller, John) (Entered: 03/03/2020)	March 3, 2020	March 3, 2020 Clearinghouse
60	MOTION for Summary Judgment by Jaime Combs, Kayla Gore, K.N., L.G. (Winemiller, John) (Entered: 03/09/2020)	March 9, 2020	March 9, 2020 RECAP
61	MEMORANDUM in Support of 60 MOTION for Summary Judgment filed by Jaime Combs, Kayla Gore, K.N., L.G. (Attachments: # 1 Exhibit Declaration of Ettner, # 2 Exhibit Declaration of Taylor, # 3 Exhibit Declaration of Gore, # 4 Exhibit Declaration of Combs, # 5 Exhibit Declaration of L.G., # 6 Exhibit Declaration of K.N.)(Winemiller, John) (Entered: 03/09/2020) 1 Exhibit Declaration of Ettner View on PACER 2 Exhibit Declaration of Taylor View on PACER 3 Exhibit Declaration of Gore View on PACER 4 Exhibit Declaration of Combs View on PACER 5 Exhibit Declaration of L.G. View on PACER 6 Exhibit Declaration of K.N. View on PACER	March 9, 2020	March 9, 2020 PACER
62	DECLARATION of Omar Gonzalez-Pagan filed by Jaime Combs, Kayla Gore, K.N., L.G. re: 61 Memorandum in Support, 60 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Opinion and Order (Ray v HImes), # 2 Exhibit Defendants' Responses to RFA, # 3 Exhibit Printout of TN website, # 4 Exhibit USTS TN State Report, # 5 Exhibit Consent Judgment in Foster, # 6 Exhibit USTS Executive Summary, # 7 Exhibit Discrimination in US, # 8 Exhibit Violence Against Transgender, # 9 Exhibit Executive Summary, # 10 Exhibit Williams Institute, # 11 Exhibit Mother Jones Article, # 12 Exhibit House Bill 425, # 13 Exhibit Senate Bill 162, # 14 Exhibit Transcript, # 15 Exhibit Transcript, # 16 Exhibit Certified log sheets, # 17 Exhibit Model Vital Statistics, # 18 Exhibit Tennessean article, # 19 Exhibit Tennessean article, # 20 Exhibit Tennessean article)(Winemiller, John) (Entered: 03/09/2020)	March 9, 2020	March 9, 2020 PACER
63	STATEMENT of facts filed by Jaime Combs, Kayla Gore, K.N., L.G. in support of 61 Memorandum in Support, 60 Motion for Summary Judgment. (Winemiller, John) (Entered: 03/09/2020)	March 9, 2020	March 9, 2020 PACER
64	ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on March 9, 2020, Plaintiffs filed a motion for summary judgment with supporting documents (Docket Nos. 60- 63). The deadlines for responsive filings are provided for in prior orders of the Court. See Docket Entry No. 36. The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 3/10/2020. (am) (Entered: 03/10/2020)	March 10, 2020	March 10, 2020 PACER
65	MOTION to Dismiss Amended Complaint by William Byron Lee, Lisa Piercey. (Shew, Dianna) (Entered: 03/17/2020)	March 17, 2020	March 17, 2020 PACER
66	MEMORANDUM in Support of 65 MOTION to Dismiss Amended Complaint filed by William Byron Lee, Lisa Piercey. (Shew, Dianna) (Entered: 03/17/2020)	March 17, 2020	March 17, 2020 RECAP
67	MOTION for Extension of Time to File Response/Reply as to 60 MOTION for Summary Judgment by William Byron Lee, Lisa Piercey. (Attachments: # 1 Attachment Declaration of Dianna Baker Shew)(Shew, Dianna) (Entered: 03/18/2020)	March 18, 2020	March 18, 2020 PACER
68	ORDER: The District Judge is provided notice that on March 17, 2020, Defendants Lee and Piercey filed a motion to dismiss the amended complaint with supporting memorandum ( 65, 66 ). The deadlines for responsive filings are provided for in prior orders of the Court. 36 The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 3/18/2020. (gb) (Entered: 03/18/2020)	March 18, 2020	March 18, 2020 PACER
69	NOTICE of Filing by Jaime Combs, Kayla Gore, K.N., L.G. re 61 Memorandum in Support. (Attachments: # 1 Exhibit Declaration of Ettner, # 2 Exhibit Declaration of Taylor)(Winemiller, John) (Entered: 03/23/2020)	March 23, 2020	March 23, 2020 PACER
70	RESPONSE to Motion re 67 MOTION for Extension of Time to File Response/Reply as to 60 MOTION for Summary Judgment filed by Jaime Combs, Kayla Gore, K.N., L.G. (Winemiller, John) (Entered: 03/24/2020)	March 24, 2020	March 24, 2020 PACER
71	RESPONSE in Opposition re 65 MOTION to Dismiss Amended Complaint filed by Jaime Combs, Kayla Gore, K.N., L.G. (Winemiller, John) (Entered: 03/25/2020)	March 25, 2020	March 25, 2020 PACER
	Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 3/25/2020. (Tape #not recorded.) (Hearing lasted :35)(jwc)	March 25, 2020	March 25, 2020 PACER
	Telephone Conference	March 25, 2020	March 25, 2020 PACER
72	ORDER: Pending before the Court is Defendants' motion ( 67 ) for an extension of time to respond to Plaintiffs' pending motion for summary judgment ( 60 ). From discussion during the status/case management conference, it is recommended to the District Judge that Defendants be given an extension until May 15, 2020, with an extended reply deadline of May 29, 2020. Signed by Magistrate Judge Barbara D. Holmes on 3/27/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) (Entered: 03/27/2020)	March 27, 2020	March 27, 2020 PACER
73	ORDER: Upon recommendation of the Magistrate Judge ( 72 ), Defendants' Motion for Extension of Time ( 67 ) is GRANTED. Defendants shall file their response to Plaintiff's Motion for Summary Judgment by May 15, 2020, and Plaintiffs shall file their reply by May 29, 2020. Signed by District Judge Eli J. Richardson on 3/30/2020. (gb) (Entered: 03/30/2020)	March 30, 2020	March 30, 2020 PACER
74	REPLY to Response to re 65 MOTION to Dismiss Amended Complaint filed by William Byron Lee, Lisa Piercey. (Shew, Dianna) (Entered: 04/01/2020)	April 1, 2020	April 1, 2020 PACER
75	MOTION for attorney Puneet Kohli to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3117430) by Jaime Combs, Kayla Gore, K.N., L.G. (Villareal, Gavin) (Entered: 04/02/2020)	April 2, 2020	April 2, 2020 PACER
	NOTICE TO FILER re DE# 75 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. ยง 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk)	April 3, 2020	April 3, 2020 PACER
	NOTICE TO FILER re DE# 75 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. § 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk)	April 3, 2020	April 3, 2020 PACER
	Annotation - Deficiency Notice	April 3, 2020	April 3, 2020 PACER
76	Amended MOTION to Amend/Correct 75 MOTION for attorney Puneet Kohli to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3117430) Declaration ISO Motion for Admission Pro Hac Vice of Puneet Kohli by Jaime Combs, Kayla Gore, K.N., L.G.. (Villareal, Gavin) Modified on 4/7/2020 (bs). (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
	TX State Bar status verified as active for Puneet Kohli. (gb)	April 6, 2020	April 6, 2020 PACER
	Annotation - Bar Status	April 6, 2020	April 6, 2020 PACER
77	ORDER granting 75 Motion for Puneet Kohli to Appear Pro Hac Vice. Signed by Kirk L. Davies on 4/7/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER