Case: Spectrum WT v. Wendler

Spectrum v. Wendler

Spectrum v. Wendler

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT WITH JURY DEMAND against All Defendants filed by Spectrum WT, Barrett Bright, Lauren Stovall. (Filing fee $402; Receipt number ATXNDC-13613224) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A: President Wendler Email, # 2 Exhibit(s) B: WTAMU Facility Use Procedure Policy, # 3 Cover Sheet) (Morris, JT) (Attachment 3 replaced with flattened document on 3/24/2023) (awc). (Entered: 03/24/2023)

1 Exhibit(s) A: President Wendler Email

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2 Exhibit(s) B: WTAMU Facility Use Procedure Policy

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3 Cover Sheet

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Barrett Bright, Spectrum WT, Lauren Stovall. (Clerk QC note: No affiliate entered in ECF). (Morris, JT) (Main Document 2 replaced with flattened document on 3/24/2023) (awc). (Entered: 03/24/2023)

Request for Clerk to issue Summons filed by Barrett Bright, Spectrum WT, Lauren Stovall. (Attachments: # 1 Summons for Christopher Thomas, # 2 Summons for John Sharp, # 3 Summons for Robert L. Albritton, # 4 Summons for James R. Brooks, # 5 Summons for Jay Graham, # 6 Summons for Michael A. Hernandez III, # 7 Summons for Tim Leach, # 8 Summons for Bill Mahomes, # 9 Summons for Elaine Mendoza, # 10 Summons for Michael J. Plank, # 11 Summons for Cliff Thomas, # 12 Summons for Demetrius L. Harrell, Jr.) (Morris, JT) (Main Document 3 replaced with flattened document on 3/24/2023) (awc). (Attachment 1 replaced with flattened document on 3/24/2023) (awc). (Attachment 2 replaced with flattened document on 3/24/2023) (awc). (Attachment 3 replaced with flattened document on 3/24/2023) (awc). (Attachment 4 replaced with flattened document on 3/24/2023) (awc). (Attachment 5 replaced with flattened document on 3/24/2023) (awc). (Attachment 6 replaced with flattened document on 3/24/2023) (awc). (Attachment 7 replaced with flattened document on 3/24/2023) (awc). (Attachment 8 replaced with flattened document on 3/24/2023) (awc). (Attachment 9 replaced with flattened document on 3/24/2023) (awc). (Attachment 10 replaced with flattened document on 3/24/2023) (awc). (Attachment 11 replaced with flattened document on 3/24/2023) (awc). (Attachment 12 replaced with flattened document on 3/24/2023) (awc). (Entered: 03/24/2023)

1 Summons for Christopher Thomas

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2 Summons for John Sharp

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3 Summons for Robert L. Albritton

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4 Summons for James R. Brooks

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5 Summons for Jay Graham

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6 Summons for Michael A. Hernandez III

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7 Summons for Tim Leach

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8 Summons for Bill Mahomes

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9 Summons for Elaine Mendoza

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10 Summons for Michael J. Plank

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11 Summons for Cliff Thomas

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12 Summons for Demetrius L. Harrell, Jr.

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New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc) (Entered: 03/24/2023)

MOTION to Waive Local Rule 83.10(a) Local Counsel Requirement filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Proposed Order) (Morris, JT) (Entered: 03/24/2023)

1 Proposed Order

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Summons Issued as to Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas, Walter Wendler. (awc) (Entered: 03/24/2023)

NOTICE of Update to Rule 7.1 Conference re: 5 MOTION to Waive Local Rule 83.10(a) Local Counsel Requirement filed by Barrett Bright, Spectrum WT, Lauren Stovall (Morris, JT) (Entered: 03/24/2023)

Ex Parte MOTION for Temporary Restraining Order (), MOTION for Injunction filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Proposed Order) (Morris, JT) (Entered: 03/24/2023)

1 Proposed Order

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Brief/Memorandum in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re 8 Ex Parte MOTION for Temporary Restraining Order MOTION for Injunction (Morris, JT) (Entered: 03/24/2023)

ORDER: The Court ORDERS: (1) Defendants to file a written response to the TRO Motion on or before 10:00 a.m. (CDT) on March 30, 2023; and (2) Plaintiffs to promptly email a copy of this Order to Defendants via the email referenced in Plaintiffs' Certificate and to file written notice to this Court on or before Noon on March 28, 2023, confirming delivery of the Order to Defendants via email. re: 8 Ex Parte MOTION for Temporary Restraining Order MOTION for Injunction . (Ordered by Judge Matthew J. Kacsmaryk on 3/27/2023) (awc) (Entered: 03/27/2023)

NOTICE of Delivery to Defendants re: 10 Order Setting Deadline/Hearing,, filed by Barrett Bright, Spectrum WT, Lauren Stovall (Morris, JT) (Entered: 03/27/2023)

ORDER granting 5 Motion to Waive Local Rule 83.10(a) Local Counsel Requirement. (Ordered by Judge Matthew J. Kacsmaryk on 3/28/2023) (awc) (Entered: 03/29/2023)

NOTICE of Attorney Appearance by Amy S Hilton on behalf of Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas. (Filer confirms contact info in ECF is current.) (Hilton, Amy) (Entered: 03/29/2023)

NOTICE of Attorney Appearance by Leif A Olson on behalf of Walter Wendler. (Filer confirms contact info in ECF is current.) (Olson, Leif) (Entered: 03/29/2023)

NOTICE of Attorney Appearance by Leif A Olson for Aaron F. Reitz on behalf of Walter Wendler. (Olson, Leif) (Entered: 03/29/2023)

NOTICE of Notice Regarding Request for Temporary Restraining Order re: 8 Ex Parte MOTION for Temporary Restraining Order MOTION for Injunction filed by Barrett Bright, Spectrum WT, Lauren Stovall (Morris, JT) (Entered: 03/29/2023)

RESPONSE filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas, Walter Wendler re: 16 Notice (Other) (Hilton, Amy) (Entered: 03/29/2023)

ORDER: To proceed to the preliminary injunction adjudication, the Court ORDERS the following: Defendants must respond to the Complaint and PI Motion on or before April 21, 2023; Plaintiffs must file any reply on or before May 5, 2023. Because Plaintiffs presented their TRO Motion and PI Motion in the same filing (ECF No. 8), and the TRO Motion is now withdrawn, the Court will only consider the filing for the purposes of a preliminary injunction after full briefing is received from the parties. (Ordered by Judge Matthew J. Kacsmaryk on 3/30/2023) (awc) (Entered: 03/30/2023)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13636467) filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Jeffrey Daniel Zeman added to party Barrett Bright(pty:pla), Attorney Jeffrey Daniel Zeman added to party Spectrum WT(pty:pla), Attorney Jeffrey Daniel Zeman added to party Lauren Stovall(pty:pla) (Zeman, Jeffrey) (Attachment 2 replaced with flattened document on 4/4/2023) (awc). (Entered: 04/04/2023)

1 Certificate of Good Standing

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2 Proposed Order

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NOTICE of Attorney Appearance by Charles K Eldred on behalf of Walter Wendler. (Filer confirms contact info in ECF is current.) (Eldred, Charles) (Entered: 04/04/2023)

ORDER granting 19 Application for Admission Pro Hac Vice of Jeffrey D. Zeman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 4/5/2023) (awc) (Entered: 04/06/2023)

WAIVER OF SERVICE Returned Executed as to Robert L. Albritton. Waiver sent on 3/30/2023; James R. Brooks. Waiver sent on 3/30/2023; Jay Graham. Waiver sent on 3/30/2023; Demetrius L. Harrell, Jr. Waiver sent on 3/30/2023; Michael A Hernandez, III. Waiver sent on 3/30/2023; Tim Leach. Waiver sent on 3/30/2023; Bill Mahomes. Waiver sent on 3/30/2023; Elaine Mendoza. Waiver sent on 3/30/2023; Michael J. Plank. Waiver sent on 3/30/2023; John Sharp. Waiver sent on 3/30/2023; Christopher Thomas. Waiver sent on 3/30/2023; Cliff Thomas. Waiver sent on 3/30/2023. (Attachments: # 1 Waiver of Service Executed by John Sharp, # 2 Waiver of Service Executed by Robert L. Albritton, # 3 Waiver of Service Executed by James R. Brooks, # 4 Waiver of Service Executed by Jay Graham, # 5 Waiver of Service Executed by Michael A. Hernandez III, # 6 Waiver of Service Executed by Tim Leach, # 7 Waiver of Service Executed by Bill Mahomes, # 8 Waiver of Service Executed by Elaine Mendoza, # 9 Waiver of Service Executed by Michael J. Plank, # 10 Waiver of Service Executed by Cliff Thomas, # 11 Waiver of Service Executed by Demetrius L. Harrell, Jr.) (Morris, JT) (Entered: 04/06/2023)

1 Waiver of Service Executed by John Sharp

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2 Waiver of Service Executed by Robert L. Albritton

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3 Waiver of Service Executed by James R. Brooks

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4 Waiver of Service Executed by Jay Graham

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5 Waiver of Service Executed by Michael A. Hernandez III

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6 Waiver of Service Executed by Tim Leach

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7 Waiver of Service Executed by Bill Mahomes

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8 Waiver of Service Executed by Elaine Mendoza

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9 Waiver of Service Executed by Michael J. Plank

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10 Waiver of Service Executed by Cliff Thomas

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11 Waiver of Service Executed by Demetrius L. Harrell, Jr.

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SUMMONS Returned Executed as to Walter Wendler ; served on 3/28/2023. (Attachments: # 1 Affidavit(s) of Service) (Morris, JT) Modified date served on 4/7/2023 (awc). (Entered: 04/06/2023)

1 Affidavit(s) of Service

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13647556) filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Conor T Fitzpatrick added to party Barrett Bright(pty:pla), Attorney Conor T Fitzpatrick added to party Spectrum WT(pty:pla), Attorney Conor T Fitzpatrick added to party Lauren Stovall(pty:pla) (Fitzpatrick, Conor) (Entered: 04/07/2023)

1 Certificate of Good Standing

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2 Proposed Order

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13648113) filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Adam Steinbaugh added to party Barrett Bright(pty:pla), Attorney Adam Steinbaugh added to party Spectrum WT(pty:pla), Attorney Adam Steinbaugh added to party Lauren Stovall(pty:pla) (Steinbaugh, Adam) (Entered: 04/07/2023)

1 Certificate of Good Standing

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2 Proposed Order

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ORDER granting 24 Application for Admission Pro Hac Vice of Conor T. Fitzpatrick. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 4/12/2023) (awc) (Entered: 04/13/2023)

ORDER granting 25 Application for Admission Pro Hac Vice of Adam B. Steinbaugh. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 4/12/2023) (awc) (Entered: 04/13/2023)

AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Spectrum WT, Barrett Bright, Lauren Stovall. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A: President Wendler Email, # 2 Exhibit(s) B: WTAMU Facility Use Procedure Policy, # 3 Exhibit(s) C: WTAMU Expression Activity on Campus Policy) (Morris, JT) (Entered: 04/18/2023)

1 Exhibit(s) A: President Wendler Email

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2 Exhibit(s) B: WTAMU Facility Use Procedure Policy

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3 Exhibit(s) C: WTAMU Expression Activity on Campus Policy

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Joint MOTION to Extend Time for Answer and Preliminary Injunction Deadlines filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Proposed Order) (Morris, JT) (Entered: 04/19/2023)

1 Proposed Order

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Amended MOTION for Injunction Preliminary Injunction filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Proposed Order) (Morris, JT) (Entered: 04/20/2023)

1 Proposed Order

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Brief/Memorandum in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re 30 Amended MOTION for Injunction Preliminary Injunction (Morris, JT) (Entered: 04/20/2023)

Appendix in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re 31 Brief/Memorandum in Support of Motion (Morris, JT) (Entered: 04/20/2023)

ORDER granting 29 Motion to Extend Time. The Court ORDERS that: Defendants must respond to Plaintiffs' First Amended Verified Complaint (ECF No. 28) and amended motion for a preliminary injunction on or before May 5, 2023; and Plaintiffs must file any reply in support of its amended motion for a preliminaryinjunction on or before May 19, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 4/21/2023) (awc) (Entered: 04/21/2023)

MOTION to Dismiss filed by Walter Wendler with Brief/Memorandum in Support. (Eldred, Charles) (Entered: 05/05/2023)

Brief/Memorandum in Support filed by Walter Wendler re 34 MOTION to Dismiss (Eldred, Charles) (Entered: 05/05/2023)

RESPONSE filed by Walter Wendler re: 30 Amended MOTION for Injunction Preliminary Injunction (Eldred, Charles) (Entered: 05/05/2023)

Brief/Memorandum in Support filed by Walter Wendler re 36 Response/Objection IN OPPOSITION TO PLAINTIFFS' AMENDED MOTION FOR PRELIMINARY INJUNCTION (Attachments: # 1 Exhibit(s) Exhibit 1: Code of Student Life, # 2 Exhibit(s) Exhibit 2: March 31 Eventbrite Announcement, # 3 Exhibit(s) Exhibit 3: Video of February 2023 Performance by "Myss Myka", # 4 Exhibit(s) Exhibit 4: Video of Scene from 1943 Movie "This is the Army") (Eldred, Charles) (Entered: 05/05/2023)

1 Exhibit(s) Exhibit 1: Code of Student Life

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2 Exhibit(s) Exhibit 2: March 31 Eventbrite Announcement

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3 Exhibit(s) Exhibit 3: Video of February 2023 Performance by "Myss Myka"

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4 Exhibit(s) Exhibit 4: Video of Scene from 1943 Movie "This is the Army"

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MOTION to Dismiss for Lack of Jurisdiction filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas (Attachments: # 1 Proposed Order) (Hilton, Amy) (Entered: 05/05/2023)

1 Proposed Order

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Brief/Memorandum in Support filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas re 38 MOTION to Dismiss for Lack of Jurisdiction and Response to Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit(s) Declaration of C. Thomas, # 2 Exhibit(s) Declaration of W. Hamilton) (Hilton, Amy) (Entered: 05/05/2023)

1 Exhibit(s) Declaration of C. Thomas

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2 Exhibit(s) Declaration of W. Hamilton

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ORDER: Before the Court is Plaintiffs' Motion for Temporary Restraining Order ("TRO Motion") and a Preliminary Injunction ("PI Motion") (collectively, "Motion") (ECF No. 8), filed on March 24, 2023. Since that filing, Plaintiffs withdrew their TRO Motion and filed an amended motion for preliminary injunction which supersedes the PI Motion. See ECF Nos. 16, 30. Accordingly, the Court DENIES the Motion as moot. re: 8 Motion for Temporary Restraining Order, Motion for Injunction. (Ordered by Judge Matthew J. Kacsmaryk on 5/9/2023) (awc) (Entered: 05/09/2023)

Unopposed MOTION for Leave to File Consolidated Brief on Motions to Dismiss and Responses to Motion for Preliminary Injunction filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Proposed Order) (Morris, JT) (Entered: 05/10/2023)

1 Proposed Order

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RECEIVED flash drive re 37 Brief/Memorandum in Support of Motion. Forwarded to chambers. (Duplicate flash drive stored in clerk's office vault.) (awc) (Entered: 05/11/2023)

ORDER granting 41 Motion for Leave to File Consolidated Brief on Motions to Dismiss and Responses to Motion for Preliminary Injunction. The consolidatedbrief shall not exceed 45 pages (not including the cover page, any table of contents, table of authorities, or required certificates), and shall be filed on or before May 26, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 5/15/2023) (awc) (Entered: 05/15/2023)

RESPONSE filed by Barrett Bright, Spectrum WT, Lauren Stovall re: 30 Amended MOTION for Injunction Preliminary Injunction, 38 MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Dismiss (Attachments: # 1 Proposed Order Denying Defendant Wendler Motion to Dismiss, # 2 Proposed Order Denying Other Defendants Motion to Dismiss) (Morris, JT) (Entered: 05/26/2023)

1 Proposed Order Denying Defendant Wendler Motion to Dismiss

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2 Proposed Order Denying Other Defendants Motion to Dismiss

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Brief/Memorandum in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re 44 Response/Objection, (Attachments: # 1 Exhibit(s) 1: "Walter Wendler Full Interview" Video) (Morris, JT) (Entered: 05/26/2023)

1 Exhibit(s) 1: "Walter Wendler Full Interview" Video

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Flash drive containing Exhibit 1 received in clerk's office and forwarded to district judge's chambers re 45 Brief/Memorandum in Support of Motion. (awc) (Entered: 05/30/2023)

MOTION to Withdraw as Attorney Aaron F. Reitz filed by Walter Wendler (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 06/01/2023)

1 Proposed Order

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NOTICE of Attorney Appearance by Heather Lee Dyer on behalf of Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas. (Filer confirms contact info in ECF is current.) (Dyer, Heather) (Entered: 06/06/2023)

ORDER granting 47 Motion to Withdraw as Attorney. The Court GRANTS the Motion and ORDERS that Aaron Reitz is withdrawn as counsel of record and thatCharles K. Eldred is lead counsel for Defendant Walter Wendler. (Ordered by Judge Matthew J. Kacsmaryk on 6/6/2023) (awc) (Entered: 06/07/2023)

NOTICE of Supplemental Authority re: 30 Amended MOTION for Injunction Preliminary Injunction, 45 Brief/Memorandum in Support of Motion, 31 Brief/Memorandum in Support of Motion, 44 Response/Objection, filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Exhibit(s)) (Morris, JT) (Entered: 06/07/2023)

1 Exhibit(s)

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Unopposed MOTION to Extend Time to File Reply(), MOTION for Extension of Time to File Response/Reply to 45 Brief/Memorandum in Support of Motion, 44 Response/Objection, filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dyer, Heather) (Entered: 06/08/2023)

1 Proposed Order

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REPLY filed by Walter Wendler re: 34 Motion to Dismiss (Eldred, Charles) Modified linkage on 6/13/2023 (awc). (Entered: 06/09/2023)

ORDER: Before the Court is Defendants' Unopposed Motion to Extend Deadline to File Reply to Plaintiffs' Response to Defendants' Motion to Dismiss Plaintiffs' Complaint and Motion for Preliminary Injunction ("Motion") (ECF No. 51 ), filed on June 8, 2023. Having considered the Motion, the Court GRANTS the Motion and ORDERS that Defendants' new deadline to reply is June 23, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 6/9/2023) (awc) (Entered: 06/09/2023)

NOTICE of Supplemental Authority filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Exhibit(s) A) (Morris, JT) (Entered: 06/20/2023)

1 Exhibit(s) A

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RESPONSE filed by Walter Wendler re: 54 Notice (Other) (Attachments: # 1 Exhibit(s) Exhibit 1) (Eldred, Charles) (Entered: 06/22/2023)

1 Exhibit(s) Exhibit 1

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REPLY filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas re: 38 MOTION to Dismiss for Lack of Jurisdiction (Dyer, Heather) (Entered: 06/23/2023)

Unopposed MOTION to Withdraw as Attorney Leif A. Olson filed by Walter Wendler (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 07/28/2023)

1 Proposed Order

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ORDER granting 57 Motion to Withdraw as Attorney. Attorney Leif A Olson terminated. Charles K. Eldred is lead counsel for Defendant. (Ordered by Judge Matthew J. Kacsmaryk on 8/2/2023) (awc) (Entered: 08/03/2023)

Memorandum Opinion and Order (Ordered by Judge Matthew J. Kacsmaryk on 9/21/2023) (vls) (Main Document 59 replaced with a text searchable doc on 9/22/2023) (ali).

Unopposed MOTION for Judgment (Partial Judgment Under Rule 54(b)) filed by Barrett Bright, Spectrum WT, Lauren Stovall with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Morris, JT) (Entered: 09/26/2023)

1 Proposed Order

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NOTICE OF INTERLOCUTORY APPEAL as to 59 Memorandum Opinion and Order to the Fifth Circuit by Barrett Bright, Spectrum WT, Lauren Stovall. Filing fee $505, receipt number ATXNDC-14059255. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Morris, JT) (Entered: 09/26/2023)

USCA Case Number 23-10994 in USCA5 for 61 Notice of Appeal, filed by Lauren Stovall, Spectrum WT, Barrett Bright. (awc) (Entered: 09/29/2023)

ORDER denying 60 Unopposed Motion for Judgment (Partial Judgment Under Rule 54(b)). (Ordered by Judge Matthew J. Kacsmaryk on 10/3/2023) (awc) (Entered: 10/03/2023)

Record on Appeal for USCA5 23-10994 (related to 61 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (awc) (Entered: 10/04/2023)

MOTION for Reconsideration re 63 Order on Motion for Judgment filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Proposed Order) (Morris, JT) (Entered: 10/10/2023)

1 Proposed Order

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Brief/Memorandum in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re 65 MOTION for Reconsideration re 63 Order on Motion for Judgment (Morris, JT) (Entered: 10/10/2023)

Transcript Order Form: re 61 Notice of Appeal, Transcript not Requested. Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Morris, JT) Modified text on 10/16/2023 (cmk). (Entered: 10/13/2023)

ORDER denying 65 MOTION for Reconsideration re 63 Order on Motion for Judgment filed by Lauren Stovall, Spectrum WT, Barrett Bright. (Ordered by Judge Matthew J. Kacsmaryk on 10/13/2023) (awc) (Entered: 10/13/2023)

Unopposed MOTION to Substitute Attorney, added attorney Allison Marie Collins,Allison Marie Collins,Allison Marie Collins for James R. Brooks,Allison Marie Collins,Allison Marie Collins for Cliff Thomas,Allison Marie Collins,Allison Marie Collins for Demetrius L. Harrell, Jr,Allison Marie Collins,Allison Marie Collins for Michael J. Plank,Allison Marie Collins,Allison Marie Collins for Tim Leach,Allison Marie Collins,Allison Marie Collins for John Sharp,Allison Marie Collins,Allison Marie Collins for Jay Graham,Allison Marie Collins,Allison Marie Collins for Bill Mahomes,Allison Marie Collins,Allison Marie Collins for Elaine Mendoza,Allison Marie Collins,Allison Marie Collins for Christopher Thomas,Allison Marie Collins,Allison Marie Collins for Michael A Hernandez, III,Allison Marie Collins,Allison Marie Collins for Robert L. Albritton. Motion filed by James R. Brooks, Cliff Thomas, Demetrius L. Harrell, Jr, Michael J. Plank, Tim Leach, John Sharp, Jay Graham, Bill Mahomes, Elaine Mendoza, Christopher Thomas, Michael A Hernandez, III, Robert L. Albritton (Attachments: # 1 Proposed Order)Attorney Allison Marie Collins added to party Robert L. Albritton(pty:dft), Attorney Allison Marie Collins added to party James R. Brooks(pty:dft), Attorney Allison Marie Collins added to party Jay Graham(pty:dft), Attorney Allison Marie Collins added to party Demetrius L. Harrell, Jr(pty:dft), Attorney Allison Marie Collins added to party Michael A Hernandez, III(pty:dft), Attorney Allison Marie Collins added to party Tim Leach(pty:dft), Attorney Allison Marie Collins added to party Bill Mahomes(pty:dft), Attorney Allison Marie Collins added to party Elaine Mendoza(pty:dft), Attorney Allison Marie Collins added to party Michael J. Plank(pty:dft), Attorney Allison Marie Collins added to party John Sharp(pty:dft), Attorney Allison Marie Collins added to party Christopher Thomas(pty:dft), Attorney Allison Marie Collins added to party Cliff Thomas(pty:dft) (Collins, Allison) (Entered: 10/26/2023)

1 Proposed Order

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ORDER granting 69 Motion to Substitute Attorney. The Court GRANTS the Motion and DIRECTS the Clerk that Heather L. Dyer and Amy S. Hilton should be withdrawn as counsel of record and that Allison M. Collins should be entered as attorney-in-charge for Defendants in this case. (Ordered by Judge Matthew J. Kacsmaryk on 10/30/2023) (awc) (Entered: 10/30/2023)

Received letter from USCA5 to notify that the motion to supplement was granted and requesting a supplemental electronic record. (Attachments: # 1 Motion to Supplement) (awc) (Entered: 11/01/2023)

1 Motion to Supplement

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Supplemental Record on Appeal for USCA5 23-10994 (related to 61 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (awc) (Entered: 11/02/2023)

NOTICE of Attorney Appearance by Zachary Berg on behalf of Walter Wendler. (Filer confirms contact info in ECF is current.) (Berg, Zachary) (Entered: 12/14/2023)

NOTICE of Attorney Appearance by Munera Al-Fuhaid on behalf of Walter Wendler. (Filer confirms contact info in ECF is current.) (Al-Fuhaid, Munera) (Entered: 12/14/2023)

Unopposed MOTION to Substitute Attorney, Charles K. Eldred added attorney Monroe David Bryant, Jr,Monroe David Bryant, Jr for Walter Wendler. Motion filed by Walter Wendler (Attachments: # 1 Proposed Order Granting Motion to Withdraw and Substitute)Attorney Monroe David Bryant, Jr added to party Walter Wendler(pty:dft) (Bryant, Monroe) (Entered: 12/15/2023)

1 Proposed Order Granting Motion to Withdraw and Substitute

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ORDER granting 75 Motion to Substitute Attorney. (Ordered by Judge Matthew J. Kacsmaryk on 12/19/2023) (awc) (Entered: 12/19/2023)

Unopposed MOTION to Withdraw as Attorney -Christopher D. Hilton filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas (Attachments: # 1 Proposed Order) (Collins, Allison) (Entered: 12/20/2023)

1 Proposed Order

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ORDER granting 77 Motion to Withdraw as Attorney. Attorney Christopher D Hilton terminated. (Ordered by Judge Matthew J. Kacsmaryk on 12/22/2023) (awc) (Entered: 12/22/2023)

ANSWER to 28 Amended Complaint,,, filed by John Sharp, Christopher Thomas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Collins, Allison) (Entered: 01/08/2024)

ANSWER to 28 Amended Complaint,,, filed by Walter Wendler. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Berg, Zachary) (Entered: 01/08/2024)

Proposal for contents of scheduling and discovery order (Joint Rule 26(f) report) by Barrett Bright, Spectrum WT, Lauren Stovall. (Morris, JT) (Entered: 01/31/2024)

MOTION for Injunction Pending Appeal filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: # 1 Proposed Order) (Morris, JT) (Entered: 01/31/2024)

1 Proposed Order

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Brief/Memorandum in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re 82 MOTION for Injunction Pending Appeal (Attachments: # 1 Declaration(s) Appendix to Plaintiffs Brief - Declaration of Barrett Bright) (Morris, JT) (Entered: 01/31/2024)

1 Declaration(s) Appendix to Plaintiffs Brief - Declaration of Barrett Bright

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REPLY filed by Walter Wendler re: 82 MOTION for Injunction Pending Appeal (Bryant, Monroe) (Entered: 02/02/2024)

NOTICE: Pursuant to the Northern District of Texas's Local Civil Rule 7.1(e), "[a] response and brief to an opposed motion must be filed within 2l days from the date the motion is filed." That is a longstanding norm and the Court declines to alter it here. Accordingly, Defendants shall respond to Plaintiffs' Motion on or before February 21, 2024. The Court issues notice accordingly. re: 82 MOTION for Injunction Pending Appeal. (Ordered by Judge Matthew J. Kacsmaryk on 2/5/2024) (awc) (Entered: 02/05/2024)

NOTICE of Withdrawal of Motion re: 82 MOTION for Injunction Pending Appeal filed by Barrett Bright, Spectrum WT, Lauren Stovall (Morris, JT) (Entered: 02/16/2024)

ORDER: Before the Court is Plaintiffs' Opposed Rule 62(d) Motion for Injunction Pending Appeal ("Motion") (ECF No. 82), filed January 31, 2024. On February 16, 2024, Plaintiffs submitted a notice withdrawing the Motion, due to the Court "declining to expedite consideration of Plaintiffs' Motion" and to "avoid an inconsistent outcome between the district and circuit courts." ECF No. 86 at 1. In light of the foregoing, the Court DENIES Plaintiffs' Motion as moot. re: 82 Motion for Injunction (Ordered by Judge Matthew J. Kacsmaryk on 2/20/2024) (awc) (Entered: 02/20/2024)

NOTICE of Attorney Appearance by Johnathan Stone on behalf of Walter Wendler. (Filer confirms contact info in ECF is current.) (Stone, Johnathan) (Entered: 04/15/2024)

Certificate Regarding Judge-Specific Requirements. (Stone, Johnathan) (Entered: 04/15/2024)

Certificate Regarding Judge-Specific Requirements. (Morris, JT) (Entered: 04/24/2024)

Certificate Regarding Judge-Specific Requirements. (Steinbaugh, Adam) (Entered: 04/24/2024)

Certificate Regarding Judge-Specific Requirements. (Fitzpatrick, Conor) (Entered: 04/24/2024)

Certificate Regarding Judge-Specific Requirements. (Zeman, Jeffrey) (Entered: 04/24/2024)

Certificate Regarding Judge-Specific Requirements. (Al-Fuhaid, Munera) (Entered: 04/24/2024)

Certificate Regarding Judge-Specific Requirements. (Berg, Zachary) (Entered: 04/24/2024)

Certificate Regarding Judge-Specific Requirements. (Bryant, Monroe) (Entered: 04/24/2024)

Certificate Regarding Judge-Specific Requirements. (Collins, Allison) (Entered: 04/26/2024)

NOTICE: The Court DIRECTS the Clerk to administratively close this case, as of this Order's date, for statistical purposes only. The Court will reopen this case upon resolution of Plaintiffs' appeal. The Court issues notice accordingly. (Ordered by Judge Matthew J. Kacsmaryk on 5/2/2024) (nht) (Entered: 05/02/2024)

Unopposed MOTION to Withdraw as Attorney Johnathan Stone filed by Walter Wendler (Attachments: (1) Proposed Order) (Stone, Johnathan)

1 Proposed Order

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ORDER granting [99] Motion to Withdraw as Attorney. Attorney Johnathan Stone terminated (Ordered by Judge Matthew J. Kacsmaryk on 10/3/2024) (nht)