Case: Alabama v. Cardona

State of Alabama v. Cardona

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

COMPLAINT against Miguel Cardona, U.S. Department of Education, filed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. (Attachments: # 1 Civil Cover Sheet)(KNS) (Entered: 04/29/2024)

1 Civil Cover Sheet

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Filing Fee: Filing fee $ 405, receipt_number AALNDC-4581547. related document 1 COMPLAINT against Miguel Cardona, U.S. Department of Education, filed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. (Attachments: # 1 Civil Cover Sheet)(KNS). (LaCour, Edmund)

Filing Fee: Filing fee $ 405, receipt_number AALNDC-4581547. related document 1 COMPLAINT against Miguel Cardona, U.S. Department of Education, filed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. (Attachments: # 1 Civil Cover Sheet)(KNS). (LaCour, Edmund) Modified on 4/30/2024- Receipt # B-11271(KNS).

Filing Fee: Filing fee $ 405, receipt_number AALNDC-4581547. related document 1 COMPLAINT against Miguel Cardona, U.S. Department of Education, filed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. (Attachments: # (1) Civil Cover Sheet)(KNS). (LaCour, Edmund) Modified on 4/30/2024- Receipt # B-11271(KNS).

Summons Issued by the clerk as to Miguel Cardona, U.S. Department of Education, USAO, DOJ. Delivered to Plaintiffs for service. (KNS) (Entered: 05/02/2024)

MOTION for Leave to Appear Application for Pro Hac Vice Admission of Cameron T. Norris by Independent Women's Law Center, Independent Women's Network, Parents Defending Education, Speech First, Inc. (Taylor, Bryan) (Entered: 05/03/2024)

MOTION for Leave to Appear Application for Pro Hac Vice Admission of Thomas L. Vaseolieu by Independent Women's Law Center, Independent Women's Network, Parents Defending Education, Speech First, Inc. (Taylor, Bryan) (Entered: 05/03/2024)

PHV Fee paid: $ 100, receipt number AALNDC-4584146. (Taylor, Bryan) Modified on 5/3/2024. ALND Receipt # B-11332 (KNS).

PHV Fee paid: $ 100, receipt number AALNDC-4584175. (Taylor, Bryan) Modified on 5/3/2024. ALND Receipt # B-11333 (KNS).

TEXT ORDER: It is ORDERED that the 3 & 4 motions to allow Cameron Thomas Norris and Thomas Samuel Vaseliou to appear pro hac vice on behalf of Plaintiffs Independent Womens Law Center, Independent Womens Network, Parents Defending Education, and Speech First, Inc. are GRANTED. Signed by Magistrate Judge Gray M. Borden on 05/03/2024. (SUH) (Entered: 05/03/2024)

AFFIDAVIT of Service for Summons and Complaint served on All Defendants on May 2, 2024, filed by Alabama, State of. (LaCour, Edmund) (Entered: 05/03/2024)

MOTION for Preliminary Injunction, MOTION to Stay Effective Date by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Purcell Decl., # 3 Affidavit Mackey Decl., # 4 Affidavit Sikes Decl., # 5 Affidavit Brickhouse Decl., # 6 Affidavit Hebda Decl., # 7 Affidavit Burns Decl., # 8 Affidavit Woods Decl., # 9 Affidavit Hardee Decl., # 10 Affidavit Weaver Decl., # 11 Affidavit Mailman Decl., # 12 Affidavit Neily Decl., # 13 Affidavit Trump Decl., # 14 Text of Proposed Order Proposed Order)(Norris, Cameron) (Entered: 05/08/2024)

1 Memorandum in Support

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2 Affidavit Purcell Decl.

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3 Affidavit Mackey Decl.

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4 Affidavit Sikes Decl.

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5 Affidavit Brickhouse Decl.

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6 Affidavit Hebda Decl.

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7 Affidavit Burns Decl.

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8 Affidavit Woods Decl.

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9 Affidavit Hardee Decl.

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10 Affidavit Weaver Decl.

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11 Affidavit Mailman Decl.

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12 Affidavit Neily Decl.

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13 Affidavit Trump Decl.

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14 Text of Proposed Order Proposed Order

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MOTION for Leave to Appear Pro Hac Vice of James Hamilton Percival, II, by Florida, State of. (Attachments: # 1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) (Entered: 05/08/2024)

1 Exhibit Consent to Designation as Local Counsel

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MOTION for Leave to Appear Pro Hac Vice of Stephen J. Petraney by Georgia, State of. (Attachments: # 1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) (Entered: 05/08/2024)

1 Exhibit Consent to Designation as Local Counsel

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PHV Fee paid: $ 100, receipt number AALNDC-4587434. (Taylor, Bryan) Modified on 5/8/2024- ALND Rec # B-11432 (KNS).

PHV Fee paid: $ 100, receipt number AALNDC-4587437. (Taylor, Bryan) Modified on 5/8/2024. ALND Rec# B-11433(KNS).

TEXT ORDER: The 8 motion to allow James Hamilton Percival to appear pro hac vice on behalf of Plaintiff State of Florida is GRANTED. Signed by Magistrate Judge Gray M. Borden on 5/8/2024. (CMD) (Entered: 05/08/2024)

TEXT ORDER: The 9 motion to allow Stephen J. Petrany to appear pro hac vice on behalf of Plaintiff State of Georgia is GRANTED. Signed by Magistrate Judge Gray M. Borden on 5/8/2024. (CMD) (Entered: 05/08/2024)

MOTION for Leave to Appear Pro Hac Vice of Joseph David Spate by South Carolina, State of. (Attachments: # 1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) (Entered: 05/08/2024)

1 Exhibit Consent to Designation as Local Counsel

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Joint MOTION Set Briefing Schedule and Page Limit for Pending Motion by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Text of Proposed Order)(Norris, Cameron) (Entered: 05/09/2024)

1 Text of Proposed Order

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TEXT ORDER: Before the court is the 12 motion to allow Joseph David Spate to appear pro hac vice on behalf of Plaintiff State of South Carolina. The motion, which includes the information required under the Local Rules, is CONDITIONALLY GRANTED, subject to payment of the applicable fee on or before May 17, 2024. Upon receipt of the required fee, this conditional grant of pro hac vice status will become final without further court action. Signed by Magistrate Judge Gray M. Borden on 05/10/2024. (SUH) (Entered: 05/10/2024)

AFFIDAVIT in Support re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date Keel Decl. filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Norris, Cameron) (Entered: 05/11/2024)

ORDER On May 8, 2024, the plaintiffs filed a Motion for Stay of Effective Date or Preliminary Injunction (Doc. 7) challenging the United States Department of Education's recently published rule relating to Title IX of the Education Amendments Act of 1972. Because the rule will take effect on August 1, 2024, the plaintiffs are seeking a stay or preliminarily injunction and have requested an expedited briefing schedule. Doc. 13. At this time, the defendants have not appeared or responded to the complaint.The General Order calls for reassignment to a district judge after the first of three "triggering events" absent unanimous consent. None of these events have occurred in this case, and it does not appear they will occur in the timely manner contemplated in the General Order and necessitated by the nature of the relief requested in the Motion for Stay of Effective Date or Preliminary Injunction. Accordingly, the case is now due to be assigned to a district judge for all further proceedings. The Clerk of Court is DIRECTED to reassign this case to a district judge randomly drawn.. Signed by Magistrate Judge Gray M Borden on 5/13/2024. (KNS) (Entered: 05/13/2024)

NOTICE OF REASSIGNMENT: This case has been randomly reassigned to the Honorable Judge Annemarie Carney Axon. Magistrate Judge Gray M Borden no longer assigned to this case. Please use case number 7:24-cv-533-ACA on all subsequent pleadings. (KNS) (Entered: 05/13/2024)

PHV Fee paid: $100, receipt number B-44857 (KAM)

ORDER. Plaintiffs State of Alabama, State of Florida, State of Georgia, State of South Carolina, Independent Women's Network, Independent Women's Law Center, Parents Defending Education, and Speech First, Inc., have moved for a preliminary injunction. 7 . The parties have jointly moved to set a briefing schedule and page limits for the briefing. 13 . The court GRANTS the motion to set briefing schedule and page limits. Defendants Miguel Cardona and the U.S. Department of Education may file a response to the motion for a preliminary injunction on or before June 5, 2024. Their brief may not exceed fifty pages of 14-point Times New Roman. Plaintiffs may file a reply brief on or before June 19, 2024. Their brief may not exceed twenty-five pages of 14-point Times New Roman. The court SETS oral argument on the motion for preliminary injunction for June 26, 2024, at 9:00 a.m. Central Standard Time in Courtroom 6B in the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. Signed by Judge Annemarie Carney Axon on 5/14/2024. (KAM) (Entered: 05/14/2024)

INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 5/15/24. (SAC) (Entered: 05/15/2024)

TEXT ORDER - The court RESETS oral argument on the motion to preliminary injunction for July 1, 2024, at 9:00 a.m. Central Standard Time in Courtroom 6B in the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham. Signed by Judge Annemarie Carney Axon on 5/15/24. (SAC) (Entered: 05/15/2024)

Unopposed MOTION for Leave to File Excess Pages by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 06/03/2024)

TEXT ORDER: The court GRANTS the unopposed motion for an extension of the page limit. (Doc. 21 ). Defendants' response brief may not exceed sixty pages of 14-point Times New Roman. Signed by Judge Annemarie Carney Axon on 06/03/2024. (CLD) (Entered: 06/03/2024)

AFFIDAVIT of Service for Summons and Complaint served on US Attorney; Miguel Cardona; USDOE; AG Merrick Garland on 5/6/2024; 5/9/2024; 5/9/2024; 5/10/2024, filed by Alabama, State of. (Attachments: # 1 Supplement Green Cards)(LaCour, Edmund) (Entered: 06/05/2024)

Summons Returned Executed as to USA

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 06/05/2024)

SUMMONS Returned Executed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. Miguel Cardona served on 5/9/2024, answer due 7/8/2024; U.S. Department of Education served on 5/9/2024, answer due 7/8/2024. (See Affidavit of service 23 (KAM)

Unopposed MOTION for Leave to File Excess Pages by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Text of Proposed Order)(Norris, Cameron) (Entered: 06/07/2024)

1 Text of Proposed Order

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TEXT ORDER: The court GRANTS the unopposed motion for an extension of the page limit. (Doc. 25 ). Plaintiffs' reply brief may not exceed thirty pages of 14-point Times New Roman font. Signed by Judge Annemarie Carney Axon on 6/7/2024. (CLC) (Entered: 06/07/2024)

TEXT ORDER: The court ORDERS the parties to submit supplemental briefing that addresses the following question: When an agency engages in rulemaking, can it consider a circuit court decision that is adverse to its proposed rule but nevertheless reject the decision? The briefs may not exceed fifteen pages of 14-point Times New Roman font and are due on or before June 17, 2024. The length and timing of Plaintiffs' reply brief is unchanged. (See docs. 18, 26). Signed by Judge Annemarie Carney Axon on 6/10/2024. (CLC) (Entered: 06/10/2024)

MOTION for Leave to Appear Pro Hac Vice (Lauren E. Van Driesen) by New Jersey, State of, California, State of, State of Pennsylvania. (Attachments: # 1 Exhibit Consent to Designation as Local Counsel)(Goldfarb, Jon) (Entered: 06/11/2024)

PHV Fee Paid

PHV Fee paid: $ 100, receipt number AALNDC-4612806. (Goldfarb, Jon) Modified on 6/11/2024 (CLC) ALND Receipt # B-12001

NOTICE of Appearance by Jon C Goldfarb on behalf of California, State of, New Jersey, State of, State of Pennsylvania (Goldfarb, Jon) (Entered: 06/12/2024)

MOTION for Leave to File Amicus Brief by California, State of, New Jersey, State of, State of Pennsylvania. (Attachments: # 1 Exhibit 1, Proposed Brief)(Goldfarb, Jon) (Entered: 06/12/2024)

TEXT ORDER: The court GRANTS the motion for leave to file an amicus brief. (Doc. 30 ). The amicus brief shall be filed on or before June 17, 2024. Signed by Judge Annemarie Carney Axon on 6/13/24. (SAC) (Entered: 06/13/2024)

Brief re 30 MOTION for Leave to File Amicus Brief, 31 Order on Motion for Leave to File filed by New Jersey, State of. (Goldfarb, Jon) (Entered: 06/14/2024)

TEXT ORDER - The court GRANTS 28 Motion for Leave to Appear pro hac vice for attorney Lauren E. Van Driesen. The Clerk's Office sends all orders and court notices to counsel electronically. If not already registered, attorney shall register for a PACER account. She may then request filing privileges for this court through the PACER website. Subsequently, she may enter a notice of appearance in this case. Signed by Judge Annemarie Carney Axon on 6/14/24. (SAC) (Entered: 06/14/2024)

Brief re 27 Order,, 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Norris, Cameron) (Entered: 06/17/2024)

Brief re 24 Response in Opposition to Motion, 27 Order,, . (Kopplin, Rebecca) (Entered: 06/17/2024)

NOTICE of Appearance by Edward A R Miller on behalf of Stop Abusive and Violent Environments (Miller, Edward) (Entered: 06/18/2024)

MOTION for Leave to File Amicus Brief by Stop Abusive and Violent Environments. (Attachments: # 1 Exhibit Proposed Amicus Brief of Stop Abusive and Violent Environments in Support of Plaintiffs Motion for Preliminary Injunction)(Miller, Edward) (Entered: 06/18/2024)

REPLY to Response to Motion re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Affidavit Vaseliou Declaration, # 2 Exhibit A: NWFSC TIX Policy, # 3 Exhibit B: NWFSC Student Handbook, # 4 Exhibit C: Comment by FIRE, # 5 Exhibit D: FIRE Spotlight on Campus Due Process)(Norris, Cameron) (Entered: 06/19/2024)

1 Affidavit Vaseliou Declaration

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2 Exhibit A: NWFSC TIX Policy

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3 Exhibit B: NWFSC Student Handbook

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4 Exhibit C: Comment by FIRE

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5 Exhibit D: FIRE Spotlight on Campus Due Process

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TEXT ORDER: The court GRANTS the motion for leave to file an amicus brief. (Doc. 37 ). The amicus brief shall be filed on or before June 24, 2024. Signed by Judge Annemarie Carney Axon on 6/20/2024. (CLC) (Entered: 06/20/2024)

Brief of Amicus Curiae STOP ABUSIVE AND VIOLENT ENVIRONMENTS. (Miller, Edward) (Entered: 06/24/2024)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 06/28/2024)

TEXT ORDER: The court GRANTS the motion to extend the time to respond to the complaint. (Doc. 41 ). A response is due on or before July 26, 2024. Signed by Judge Annemarie Carney Axon on 6/28/2024. (CLC) (Entered: 06/28/2024)

NOTICE by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc re 27 Order,, 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date, 34 Brief, 38 Reply to Response to Motion,, of Supplemental Authority (Attachments: # 1 Exhibit Loper v. Raimondo, Opinion)(Norris, Cameron) (Entered: 06/28/2024)

1 Exhibit Loper v. Raimondo, Opinion

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PHV Fee Paid

MOTION for Leave to Appear Pro Hac Vice by Benjamin North by Stop Abusive and Violent Environments. (Miller, Edward) (Entered: 06/28/2024)

MOTION for Leave to Appear Pro Hac Vice by Lindsay McKasson by Stop Abusive and Violent Environments. (Miller, Edward) (Entered: 06/28/2024)

MOTION for Leave to Appear Pro Hac Vice by Shawn Flynn by Stop Abusive and Violent Environments. (Miller, Edward) (Entered: 06/28/2024)

PHV Fee paid: $ 100, receipt number AALNDC-4625034. (Miller, Edward)

PHV Fee paid: $ 100, receipt number AALNDC-4625035. (Miller, Edward)

PHV Fee paid: $ 100, receipt number AALNDC-4625036. (Miller, Edward)

TEXT ORDER. Amicus, Stop Abusive and Violent Environments' Motion for Leave for Benjamin F North to Appear Pro Hac Vice, Doc. 44, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Annemarie Carney Axon on 7/1/2024. (FNC) (Entered: 07/01/2024)

Motion Hearing

TEXT ORDER. Amicus, Stop Abusive and Violent Environments' Motion for Leave for Lindsay R McKasson to Appear Pro Hac Vice, Doc. 45, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Annemarie Carney Axon on 7/1/2024. (FNC) (Entered: 07/01/2024)

TEXT ORDER. Amicus, Stop Abusive and Violent Environments' Motion for Leave for Shawn M Flynn to Appear Pro Hac Vice, Doc. 46, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Annemarie Carney Axon on 7/1/2024. (FNC) (Entered: 07/01/2024)

Minute Entry for proceedings held before Judge Annemarie Carney Axon: Motion Hearing held on 7/1/2024 re 7 . Appearances - Marshall and LaCour for State of Alabama; Norris and Vaseliou for IWN and Kopplin for Cardona present. Hearing begins; introductions of counsel; plff addresses the court; court addresses counsel for state(s)/response; response of defense; break; resume; plffs rebuttal; opinion to be entered; court adj. (Court Reporter Lauren Shirley.) (FNC)

NOTICE by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc of Supplemental Authority (D. Kansas) (Norris, Cameron) (Entered: 07/02/2024)

NOTICE by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date of Supplemental Authority (Norris, Cameron) (Entered: 07/08/2024)

Transcript of Proceedings held on July 1, 2024, before Judge Annmarie Carney Axon. Court Reporter/Transcriber Lauren Shirley. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/30/2024. Redacted Transcript Deadline set for 8/9/2024. Release of Transcript Restriction set for 10/7/2024. (CLC, ) (Entered: 07/09/2024)

NOTICE by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date of Supplemental Authorities (Norris, Cameron) (Entered: 07/12/2024)

NOTICE by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date of Supplemental Authorities (Norris, Cameron) (Entered: 07/17/2024)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 07/23/2024)

TEXT ORDER granting Defendants' 55 consent motion for an extension of the time to file a responsive pleading. Defendants' responsive pleading is now due on or before August 16, 2024. Signed by Judge Annemarie Carney Axon on 7/24/2024. (CLC) (Entered: 07/24/2024)

NOTICE by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc of Supplemental Authority (Norris, Cameron) (Entered: 07/24/2024)

MEMORANDUM OPINION AND ORDER: Plaintiffs filed suit, contending the Final Rule should be vacated in its entirety because it violates the Administrative Procedure Act ("APA"), 5 U.S.C. § 706(2)(A). Plaintiffs then moved for a preliminary injunction, seeking a stay of the Final Rule's effective date or, in the alternative, preliminarily enjoining the Department from enforcing the Final Rule in their States. Plaintiffs must, among other things, establish a substantial likelihood of success on the claims advanced in their complaint to obtain a preliminary injunction from this court. They failed to sustain that burden. Accordingly, the court DENIES the motion for a preliminary injunction.. Signed by Judge Annemarie Carney Axon on 7/30/2024. (CLC) (Entered: 07/30/2024)

Terminate Motions

ORDER REGARDING COMPLIANCE WITHFEDERAL RULE OF CIVIL PROCEDURE 26(f): The court reminds the parties of their obligations under Federal Rule of Civil Procedure 26(f) to confer within thirty days from the first appearance of a defendant for the purposes of: considering the nature and basis of their claims and defenses; the possibilities for a prompt settlement or resolution of the case; to make or arrange for the disclosures required by Federal Rule of Civil Procedure 26(a)(1); and to develop a proposed discovery plan that indicates the parties' views and proposals concerning all of the matters addressed in sub-paragraphs (1) through (4) of Federal Rule of Civil Procedure 26(f). Because the court is entering this order more than thirty days after the first appearance of a defendant, the parties must confer and file their report on or before August 13, 2024.. Signed by Judge Annemarie Carney Axon on 7/30/2024. (CLC) (Entered: 07/30/2024)

NOTICE OF APPEAL by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Norris, Cameron) (Entered: 07/30/2024)

Transmittal Letter to 11th Circuit Court of Appeals re 60 Notice of Appeal. (CLC) (Entered: 07/30/2024)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 60 Notice of Appeal (CLC) (Entered: 07/30/2024)

Emergency MOTION Injunction Pending Appeal or Administrative Injunction by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Text of Proposed Order)(Norris, Cameron) (Entered: 07/30/2024)

1 Text of Proposed Order

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ORDER: Earlier today, this court denied a motion for a preliminary injunction filed by Plaintiffs (States of Alabama, Florida, Georgia, and South Carolina, the Independent Women's Law Center, Independent Women's Network, Parents Defending Education, and Speech First, Inc.). (Doc. 58 ). Plaintiffs now move for an injunction pending appeal, under Federal Rule of Civil Procedure 62(d) and Federal Rule of Appellate Procedure 8(a)(1), or alternatively an administrative stay. (Doc. 63 ). The court DENIES the motion. Signed by Judge Annemarie Carney Axon on 7/30/2024. (CLC) (Entered: 07/30/2024)

Motions terminated: Motion for Preliminary Injunction and Motion to Stay Effective Date 7 - per Memorandum Opinion and Order 58 . (SAC)

USCA Case Number 24-12444-G for 60 Notice of Appeal filed by Parents Defending Education, Independent Women's Law Center, South Carolina, State of, Georgia, State of, Independent Women's Network, Speech First, Inc, Florida, State of, Alabama, State of. (KAM) (Entered: 07/31/2024)

ORDER of USCA as to 60 Notice of Appeal filed by Parents Defending Education, Independent Women's Law Center, South Carolina, State of, Georgia, State of, Independent Women's Network, Speech First, Inc, Florida, State of, Alabama, State of (CLC) (Entered: 07/31/2024)

USCA Appeal Fees received $ 605 receipt number B-12823 re 60 Notice of Appeal filed by Parents Defending Education, Independent Women's Law Center, South Carolina, State of, Georgia, State of, Independent Women's Network, Speech First, Inc, Florida, State of, Alabama, State of (CLC) (Entered: 08/01/2024)

TRANSCRIPT REQUEST (All necessary transcript(s) already on file) by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc for proceedings held on 07/01/2024 before Judge Axon.. filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc (Norris, Cameron) (Entered: 08/05/2024)

REPORT of Rule 26(f) Planning Meeting. (Norris, Cameron) (Entered: 08/13/2024)

SCHEDULING ORDER governing further proceedings in this action unless modified for good cause shown: Joint Status Report due by 10/7/2024. If the parties desire a status conference, they must request one in the joint status report. Additional conferences, including a pretrial conference, will be scheduled as needed by separate order. Signed by Judge Annemarie Carney Axon on 8/14/24. (SAC) (Entered: 08/14/2024)

Unopposed MOTION to Vacate deadline to respond to complaint by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 08/14/2024)

TEXT ORDER: The court GRANTS the unopposed motion to vacate the deadline to respond to the complaint. (Doc. 71 ). Signed by Judge Annemarie Carney Axon on 8/15/2024. (CLC) (Entered: 08/15/2024)

ORDER of USCA as to 60 Notice of Appeal filed by Parents Defending Education, Independent Women's Law Center, South Carolina, State of, Georgia, State of, Independent Women's Network, Speech First, Inc, Florida, State of, Alabama, State of (CLC) (Entered: 08/23/2024)

ORDER of USCA as to 60 Notice of Appeal filed by Parents Defending Education, Independent Women's Law Center, South Carolina, State of, Georgia, State of, Independent Women's Network, Speech First, Inc, Florida, State of, Alabama, State of (CLC) (Entered: 08/30/2024)

ORDER of USCA as to 60 : Appellees' motion for leave to file their certificate of interested persons out of time is GRANTED by clerk.(CLC) (Entered: 09/03/2024)

STATUS REPORT (Joint) by Miguel Cardona, U.S. Department of Education. filed by Miguel Cardona, U.S. Department of Education (Kopplin, Rebecca) (Entered: 10/07/2024)

Joint MOTION to Stay Proceedings by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 10/07/2024)

TEXT ORDER - The court SETS a Motion Hearing via Zoom on October 15, 2024, 1:30 PM, before Judge Annemarie Carney Axon. Counsel will receive the information required to join the hearing by email. Signed by Judge Annemarie Carney Axon on 10/10/24. (SAC) (Entered: 10/10/2024)

TEXT ORDER: The court RESETS the Motion Hearing via Zoom on October 15, 2024, to 3:30 PM. Counsel will receive updated information required to join the hearing by email. Signed by Judge Annemarie Carney Axon on 10/11/24. (SAC) (Entered: 10/11/2024)

Minute Entry for proceedings held before Judge Annemarie Carney Axon: Motion Hearing via Zoom held October 15, 2024. Present: Edmund LaCour, Jr. Cameron Norris, Thomas Vaseliou, Rebecca Kopplin, Edward Miller, and Emily Nestler. (Court Reporter Stone Arledge) (SAC)