Case: State of Louisiana v. U.S. Dept of Education

3:24-cv-00563 | U.S. District Court for the Western District of Louisiana

Filed Date: April 29, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, Louisiana, Mississippi, Montana, and Idaho challenged the U.S. Department of Education’s regulation (the “Rule”) which interpreted Title IX’s definition of sex discrimination to include discrimination against gender identity, expanded the definition of harassment, and incorporated a de minimis harm standard for determining sex discrimination. The Rule went into effect on August 1, 2024, but has been enjoined from enforcement in several states due to this case and Tennessee v. Card…

In this case, Louisiana, Mississippi, Montana, and Idaho challenged the U.S. Department of Education’s regulation (the “Rule”) which interpreted Title IX’s definition of sex discrimination to include discrimination against gender identity, expanded the definition of harassment, and incorporated a de minimis harm standard for determining sex discrimination. The Rule went into effect on August 1, 2024, but has been enjoined from enforcement in several states due to this case and Tennessee v. Cardona, a similar case brought by states Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia. 

On April 29, 2024, Louisiana, Mississippi, Montana, and Idaho, represented by the Defense of Freedom Institute as well as their own Attorneys General, filed suit in the Western District of Louisiana against the U.S. Department of Education (DOE), its component agency the U.S. Department of Education's Office of Civil Rights (OCR), the U.S. Department of Justice (DOJ), and officers of each. Plaintiffs brought suit under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–88, and the Administrative Procedure Act (APA), 5 U.S.C. §§ 553, 701–06. They alleged that the Rule was a substantive and procedural violation of the APA as promulgated under Title IX. They also alleged that Congress violated the Spending Clause and Article I, § 1 of the Constitution in delegating the powers to issue the Rule through Title IX. The states sought declaratory judgment, preliminary and permanent injunctive relief, and attorneys’ fees. The case was assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. 

On May 3, 2024, plaintiffs filed an amended complaint, adding as parties 17 school boards across Louisiana. On May 15, 2024, Judge Terry A. Doughty ordered the case consolidated with Rapides Parish School Board v. U.S. Department of Education, another suit challenging the Rule, brought by Rapides, a Louisiana school board not already party to this case. Rapides was represented by the Alliance Defending Freedom. 

On May 13, 2024, plaintiffs requested a stay postponing the Rule’s effective date of August 1, 2024, or alternatively a preliminary injunction enjoining enforcement of the rule. Fifteen other states and the District of Columbia filed amici curiae in opposition to the plaintiffs’ request for preliminary relief on June 12, 2024. The court granted the preliminary injunction on June 13, 2024, enjoining the enforcement of the Rule in Louisiana, Mississippi, Montana, and Idaho, stating that abuses of power by federal agencies are threats to democracy. The court held that the plaintiffs were likely to succeed on the merits of their claims 1) that the Rule's interpretation of "sex discrimination" contradicted Title IX, 2) that the Rule's harassment standard contradicted Title IX and violated the First Amendment, and 3) that the Rule violated the major questions doctrine by enacting a significant policy without congressional authorization.

On June 24, 2024, the Government moved for a partial stay of the injunction pending appeal, arguing that the injunction was overbroad and that the Rule was severable, and appealed the preliminary injunction to the United States Court of Appeals for the Fifth Circuit. The partial stay sought to allow all enforcement of the Rule except 34 C.F.R. § 106.31(a)(2), which identified practices that prevent a person from participating in activities consistent with their gender identity as discrimination, and the definition of “hostile environment harassment” within 34 C.F.R. § 106.2. The district court denied the partial stay on July 11, 2024, holding that the Rule was enjoined on the basis of more than the two provisions identified by the Government, and that the provisions were not severable.

In addition, on July 1, 2024, the Government requested an emergency partial stay from the Fifth Circuit. The Fifth Circuit denied the partial stay 2-1 on July 17, 2024. The Government also requested an emergency partial stay of this preliminary injunction and a stay of a similar injunction in Tennessee v. Cardona from the Supreme Court on July 22, 2024. The Supreme Court denied both stays on August 16, 2024. Justice Sotomayor wrote a dissent, joined by Justices Gorsuch, Kagan, and Jackson, arguing that the portion of the Rule about sex discrimination was severable and therefore the partial stay should be granted.

As of October 2, 2024, the appeal in the Fifth Circuit remains pending.

 

Summary Authors

Audrey Li (10/6/2024)

Related Cases

School Board Rapides Parish v. Education, Western District of Louisiana (2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68479494/parties/state-of-louisiana-v-u-s-dept-of-education/


Judge(s)
Attorney for Plaintiff

Aguinaga, Jorge Benjamin

Aguinaga, J Benjamin (Louisiana)

Astor, Martha

Attorney for Defendant
Expert/Monitor/Master/Other

Amunson, Jessica Ring

Attorney, Deborah Jane

show all people

Documents in the Clearinghouse

Document

24-A-00079

SCOTUS Docket 24A78

Supreme Court of the United States

July 22, 2024

July 22, 2024

Docket
1

3:24-cv-00563

Complaint

April 29, 2024

April 29, 2024

Complaint
11

3:24-cv-00563

Amended Complaint for Declaratory and Injunctive Relief

May 3, 2024

May 3, 2024

Complaint
50

3:24-cv-00563

Brief

State of Louisiana v. U.S. Department of Education

June 12, 2024

June 12, 2024

Pleading / Motion / Brief
53

3:24-cv-00563

Memorandum Ruling

State of Louisiana v. U.S. Department of Education

June 13, 2024

June 13, 2024

Order/Opinion
54

3:24-cv-00563

Judgment

State of Louisiana v. U.S. Department of Education

June 13, 2024

June 13, 2024

Order/Opinion
71

3:24-cv-00563

Memorandum Order

State of Louisiana v. U.S. Department of Education

July 11, 2024

July 11, 2024

Order/Opinion

24-30399

5th Circuit Order Denying Partial Stay

U.S. Court of Appeals for the Fifth Circuit

July 17, 2024

July 17, 2024

Order/Opinion

24-A-00079

On Application for Stay

Supreme Court of the United States

Aug. 16, 2024

Aug. 16, 2024

Order/Opinion

603 U.S.

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68479494/state-of-louisiana-v-u-s-dept-of-education/

Last updated May 31, 2025, 3:30 a.m.

ECF Number Description Date Link Date / Link
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COMPLAINT against All Defendants (Filing fee $405, receipt number ALAWDC-5928689) filed by State of Mississippi, Louisiana Dept of Education, State of Louisiana, State of Montana, State of Idaho. (Attachments: # 1 Exhibit A - Final Rule, # 2 Civil cover sheet)(Attorney Tracy L Short added to party Louisiana Dept of Education(pty:pla), State of Idaho(pty:pla), State of Louisiana(pty:pla), State of Mississippi(pty:pla), State of Montana(pty:pla))(aty,Short, Tracy) Modified docket text on 4/29/2024 (Miletello, A). (Entered: 04/29/2024)

1 Exhibit A - Final Rule

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2 Civil cover sheet

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April 29, 2024

April 29, 2024

Clearinghouse

CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Miletello, A)

April 29, 2024

April 29, 2024

PACER
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MOTION for Autumn Hamit Patterson to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5929552) by State of Louisiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/29/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 04/29/2024)

1 Certificate of good standing

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2 Proposed order

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April 29, 2024

April 29, 2024

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SUMMONS ISSUED as to U S Attorney, U S Attorney General, U S Dept of Education, Miguel Cardona, Office for Civil Rights, Catherine Lhamon, U S Dept of Justice, Merrick B Garland. (crt,Miletello, A) (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

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MOTION for J. Benjamin Aguinaga to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5929720) by State of Louisiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/29/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) Modified docket text on 4/29/2024 (Miletello, A). (Entered: 04/29/2024)

1 Certificate of good standing

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2 Proposed order

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April 29, 2024

April 29, 2024

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ORDER granting 2 Motion to Appear Pro Hac Vice for appearance of Autumn Hamit Patterson for State of Louisiana. Signed by Magistrate Judge Kayla D McClusky on 4/30/2024. (crt,Thomas, T) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

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ORDER granting 4 Motion to Appear Pro Hac Vice for appearance of J Benjamin Aguinaga for State of Louisiana. Signed by Magistrate Judge Kayla D McClusky on 4/30/2024. (crt,Thomas, T) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

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MOTION for Martha Astor to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5931283) by State of Louisiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/30/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 04/30/2024)

1 Certificate of good standing

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2 Proposed order

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April 30, 2024

April 30, 2024

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MOTION for Paul Zimmerman to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5931291) by State of Louisiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/30/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 04/30/2024)

1 Certificate of good standing

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2 Proposed order

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April 30, 2024

April 30, 2024

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Remark (Public)

May 1, 2024

May 1, 2024

PACER

REMARK: A duplicate filing fee was incurred with the filing of the 7 Motion to Appear Pro Hac Vice. Per attorney phone request, the initial fee of $105.00 paid on 4/30/24, Receipt #ALAWDC-5931240, has been refunded through pay.gov. Counsel is advised to verify the refund on their statement. (crt,McInnis, S)

May 1, 2024

May 1, 2024

PACER
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ORDER granting 7 Motion to Appear Pro Hac Vice for appearance of Martha Angelique Astor for State of Louisiana. Signed by Magistrate Judge Kayla D McClusky on 5/2/2024. (crt,Leday, A) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

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ORDER granting 8 Motion to Appear Pro Hac Vice for appearance of Paul Friedrich Zimmerman for State of Louisiana. Signed by Magistrate Judge Kayla D McClusky on 5/2/2024. (crt,Leday, A) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

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AMENDED COMPLAINT against All Defendants filed by LA Dept of Education, State of Louisiana, State of Mississippi, State of Montana, State of Idaho, School Board of Webster Parish, School Board of Red River Parish, School Board of Bossier Parish, School Board Sabine Parish, School Board of Grant Parish, School Board of West Carroll Parish, School Board of Caddo Parish, School Board of Natchitoches Parish, School Board of Caldwell Parish, School Board of Allen Parish, School Board LaSalle Parish, School Board Jefferson Davis Parish, School Board of Ouachita Parish, School Board of Franklin Parish, School Board of Acadia Parish, School Board of DeSoto Parish, School Board of St. Tammany Parish. (Attachments: # 1 Exhibit A-Final Rule, # 2 Exhibit B-Montana Letter, # 3 Exhibit C-Tennessee Letter, # 4 Exhibit D-Ohio Letter, # 5 Exhibit E-Indiana Letter)(Attorney Tracy L Short added to party School Board of Acadia Parish(pty:pla), Attorney Tracy L Short added to party School Board of Allen Parish(pty:pla), Attorney Tracy L Short added to party School Board of Bossier Parish(pty:pla), Attorney Tracy L Short added to party School Board of Caddo Parish(pty:pla), Attorney Tracy L Short added to party School Board of Caldwell Parish(pty:pla), Attorney Tracy L Short added to party School Board of DeSoto Parish(pty:pla), Attorney Tracy L Short added to party School Board of Franklin Parish(pty:pla), Attorney Tracy L Short added to party School Board of Grant Parish(pty:pla), Attorney Tracy L Short added to party School Board Jefferson Davis Parish(pty:pla), Attorney Tracy L Short added to party School Board LaSalle Parish(pty:pla), Attorney Tracy L Short added to party School Board of Natchitoches Parish(pty:pla), Attorney Tracy L Short added to party School Board of Ouachita Parish(pty:pla), Attorney Tracy L Short added to party School Board of Red River Parish(pty:pla), Attorney Tracy L Short added to party School Board Sabine Parish(pty:pla), Attorney Tracy L Short added to party School Board of St. Tammany Parish(pty:pla), Attorney Tracy L Short added to party School Board of Webster Parish(pty:pla), Attorney Tracy L Short added to party School Board of West Carroll Parish(pty:pla))(aty,Short, Tracy) (Entered: 05/03/2024)

1 Exhibit A-Final Rule

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2 Exhibit B-Montana Letter

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3 Exhibit C-Tennessee Letter

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4 Exhibit D-Ohio Letter

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5 Exhibit E-Indiana Letter

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May 3, 2024

May 3, 2024

Clearinghouse
12

MOTION for Justin Matheny to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5938969) by State of Mississippi. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/8/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 05/08/2024)

1 Certificate of good standing

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2 Proposed order

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May 8, 2024

May 8, 2024

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13

MOTION for Scott G. Stewart to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5938990) by State of Mississippi. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/8/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 05/08/2024)

1 Certificate of good standing

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2 Proposed order

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May 8, 2024

May 8, 2024

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14

MOTION for Donald A. Daugherty, Jr. to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5939039) by State of Louisiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/8/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 05/08/2024)

1 Certificate of good standing

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2 Proposed order

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May 8, 2024

May 8, 2024

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15

MOTION for Christian Corrigan to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5939162) by State of Montana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/8/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 05/08/2024)

1 Certificate of good standing

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2 Proposed order

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May 8, 2024

May 8, 2024

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16

MOTION for Peter M. Torstensen, Jr. to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5939166) by State of Montana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/8/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 05/08/2024)

1 Certificate of good standing

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2 Proposed order

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May 8, 2024

May 8, 2024

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17

MOTION to Stay, MOTION for Preliminary Injunction (Motion Ripe Deadline set for 5/13/2024.) by All Plaintiffs. Motions referred to Kayla D McClusky. (Attachments: # 1 Proposed order)(aty,Short, Tracy) (Entered: 05/13/2024)

1 Proposed order

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May 13, 2024

May 13, 2024

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Motions Transferred regarding 17 MOTION to Stay MOTION for Preliminary Injunction . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

May 13, 2024

May 13, 2024

PACER
18

MOTION for Leave to File Excess Pages by All Plaintiffs. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/13/2024. (Attachments: # 1 Proposed pleading Memorandum in Support, # 2 Exhibit Table of Contents, # 3 Proposed exhibit 1, # 4 Proposed exhibit 2, # 5 Proposed exhibit 3, # 6 Proposed exhibit 4, # 7 Proposed exhibit 5, # 8 Proposed exhibit 6, # 9 Proposed exhibit 7, # 10 Proposed exhibit 8, # 11 Proposed exhibit 9, # 12 Proposed exhibit 10, # 13 Proposed exhibit 11, # 14 Proposed exhibit 12, # 15 Proposed exhibit 13, # 16 Proposed exhibit 14, # 17 Proposed exhibit 15, # 18 Proposed exhibit 16, # 19 Proposed exhibit 17, # 20 Proposed exhibit 18, # 21 Proposed exhibit 19, # 22 Proposed exhibit 20, # 23 Proposed exhibit 21, # 24 Proposed exhibit 22, # 25 Proposed exhibit 23, # 26 Proposed exhibit 24, # 27 Proposed exhibit 25, # 28 Proposed exhibit 26, # 29 Proposed exhibit 27, # 30 Proposed exhibit 28, # 31 Proposed exhibit 29, # 32 Proposed exhibit 30, # 33 Proposed exhibit 31, # 34 Proposed exhibit 32, # 35 Proposed exhibit 33, # 36 Proposed exhibit 34, # 37 Proposed exhibit 35, # 38 Proposed exhibit 36, # 39 Proposed exhibit 37, # 40 Proposed exhibit 38, # 41 Proposed exhibit 39, # 42 Proposed exhibit 40, # 43 Proposed order)(aty,Short, Tracy) (Entered: 05/13/2024)

1 Proposed pleading Memorandum in Support

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2 Exhibit Table of Contents

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3 Proposed exhibit 1

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43 Proposed order

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May 13, 2024

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Motions Transferred regarding 18 MOTION for Leave to File Excess Pages . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

May 13, 2024

May 13, 2024

PACER
19

MOTION to Expedite consideration of 17 MOTION to Stay MOTION for Preliminary Injunction by All Plaintiffs. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/14/2024. (Attachments: # 1 Memorandum in Support, # 2 Proposed order)(aty,Short, Tracy) (Entered: 05/14/2024)

1 Memorandum in Support

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2 Proposed order

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May 14, 2024

May 14, 2024

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Motions Transferred regarding 19 MOTION to Expedite consideration of 17 MOTION to Stay MOTION for Preliminary Injunction . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

May 14, 2024

May 14, 2024

PACER
20

MINUTE ENTRY: Plaintiffs shall promptly serve Defendants with the 1 Complaint and 17 MOTION to Stay or MOTION for Preliminary Injunction. Defendants shall file a response to the pending motion within twenty-one days. Plaintiffs may file a reply seven days thereafter. Signed by Judge Terry A Doughty on 5/14/2024. (crt,Crawford, A) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

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21

MOTION to Consolidate Case with Case Number 24-cv-567 with consent by All Defendants. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/14/2024. (Attachments: # 1 Proposed order)(Attorney Benjamin Thomas Takemoto added to party Miguel Cardona(pty:dft), Attorney Benjamin Thomas Takemoto added to party Office for Civil Rights(pty:dft), Attorney Benjamin Thomas Takemoto added to party U S Dept of Education(pty:dft), Attorney Benjamin Thomas Takemoto added to party Merrick B Garland(pty:dft), Attorney Benjamin Thomas Takemoto added to party U S Dept of Justice(pty:dft), Attorney Benjamin Thomas Takemoto added to party Catherine Lhamon(pty:dft))(aty,Takemoto, Benjamin) (Entered: 05/14/2024)

1 Proposed order

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May 14, 2024

May 14, 2024

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MOTION for Preliminary Injunction, MOTION to Stay (Motion Ripe Deadline set for 5/14/2024.) by School Board of Rapides Parish. Motions referred to Magistrate Judge Kayla D McClusky. ADMINISTRATIVE ENTRY to capture filing from member case number 24-cv-0567. See document 11 in member case 24-cv-0567 to view PDF image. (crt,Thomas, T) (Entered: 05/15/2024)

May 14, 2024

May 14, 2024

PACER
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ORDER denying 19 Motion to Expedite. Signed by Judge Terry A Doughty on 5/15/2024. (crt,Crawford, A) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

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Preliminary Injunction AND Stay

May 15, 2024

May 15, 2024

PACER
23

ORDER granting 18 Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 5/15/2024. (crt,Crawford, A) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

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MEMORANDUM in Support re 17 MOTION to Stay MOTION for Preliminary Injunction filed by School Board of Acadia Parish, School Board of Allen Parish, School Board of Bossier Parish, School Board of Caddo Parish, School Board of Caldwell Parish, School Board of DeSoto Parish, LA Dept of Education, School Board of Franklin Parish, School Board of Grant Parish, State of Idaho, School Board Jefferson Davis Parish, School Board LaSalle Parish, State of Louisiana, State of Mississippi, State of Montana, School Board of Natchitoches Parish, School Board of Ouachita Parish, School Board of Red River Parish, School Board Sabine Parish, School Board of St Tammany Parish, School Board of Webster Parish, School Board of West Carroll Parish. (Attachments: # 1 Table of Contents, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40)(crt,Crawford, A) (Entered: 05/15/2024)

1 Table of Contents

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May 15, 2024

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ORDER granting 21 Motion to Consolidate Cases. Lead Case Number: 3:24-cv-00563. Member Case Number(s): 1:24-cv-00567. Signed by Judge Terry A Doughty on 5/15/2024. (crt,Thomas, T) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

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NOTICE of Consolidation by Clerk. (crt,Thomas, T) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

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Motions Transferred regarding 27 MOTION for Preliminary Injunction MOTION to Stay. Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

May 15, 2024

May 15, 2024

PACER
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SUMMONS Returned Executed by State of Louisiana All Defendants. All Defendants Answer due 7/8/2024 regarding Amended Complaint and 7/5/2024 regarding Original Complaint. (aty,Short, Tracy) Modified on 5/15/2024 (Thomas, T). (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

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CERTIFICATE OF SERVICE by State of Louisiana re 17 MOTION to Stay MOTION for Preliminary Injunction, 18 MOTION for Leave to File Excess Pages (aty,Short, Tracy) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

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MINUTE ENTRY: re 27 MOTION to Delay Effective Date and for Preliminary Injunction filed by School Board of Rapides Parish. Defendants shall file a response to the motion within twenty-one days of service, and Plaintiffs shall file a reply seven days thereafter. Signed by Judge Terry A Doughty on 5/15/2024. (crt,Crawford, A) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

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ORDER granting 12 Motion to Appear Pro Hac Vice for appearance of Justin L Matheny for State of Mississippi. Signed by Magistrate Judge Kayla D McClusky on 5/15/2024. (crt,Leday, A) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

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ORDER granting 13 Motion to Appear Pro Hac Vice for appearance of Scott G Stewart for State of Mississippi. Signed by Magistrate Judge Kayla D McClusky on 5/15/2024. (crt,Leday, A) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

RECAP
33

ORDER granting 14 Motion to Appear Pro Hac Vice for appearance of Donald A Daugherty, Jr for State of Louisiana. Signed by Magistrate Judge Kayla D McClusky on 5/15/2024. (crt,Leday, A) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

RECAP
34

ORDER granting 15 Motion to Appear Pro Hac Vice for appearance of Christian B Corrigan for State of Montana. Signed by Magistrate Judge Kayla D McClusky on 5/15/2024. (crt,Leday, A) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

RECAP
35

ORDER granting 16 Motion to Appear Pro Hac Vice for appearance of Peter M Torstensen, Jr for State of Montana. Signed by Magistrate Judge Kayla D McClusky on 5/15/2024. (crt,Leday, A) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

RECAP
36

Unopposed MOTION for Leave to File Excess Pages by All Defendants. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/4/2024. (Attachments: # 1 Proposed pleading Consolidated Opposition to Louisiana's Motion for a Preliminary Injunction or Stay, # 2 Text of proposed order)(aty,Takemoto, Benjamin) (Entered: 06/04/2024)

1 Proposed pleading Consolidated Opposition to Louisiana's Motion for a Preli

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2 Text of proposed order

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June 4, 2024

June 4, 2024

RECAP

Motions Transferred regarding 36 Unopposed MOTION for Leave to File Excess Pages . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

June 4, 2024

June 4, 2024

PACER
37

ORDER granting 36 Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 6/5/2024. (crt,Crawford, A) (Entered: 06/05/2024)

June 5, 2024

June 5, 2024

RECAP

Motions Transferred

June 5, 2024

June 5, 2024

PACER
38

RESPONSE to 27 MOTION for Preliminary Injunction and MOTION to Stay filed by All Defendants. (crt,Crawford, A) (Entered: 06/05/2024)

June 5, 2024

June 5, 2024

RECAP
39

MOTION for Alan Hurst to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5965317) by State of Idaho. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/5/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 06/05/2024)

1 Certificate of good standing

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2 Proposed order

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June 5, 2024

June 5, 2024

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40

MOTION for Joshua N. Turner to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5965355) by State of Idaho. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/5/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 06/05/2024)

1 Certificate of good standing

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2 Proposed order

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June 5, 2024

June 5, 2024

RECAP
41

MOTION for Lauren E Van Driesen to Appear Pro Hac Vice (Admission fee: $105, receipt number 100000630) by State of California, State of New Jersey, State of Pennsylvania. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 6/6/2024. (Attachments: # 1 Proposed order, # 2 Certificate of good standing, # 3 Cover Letter, # 4 Envelope)(Attorney Lauren E Van Driesen added to party State of California(pty:mov), Attorney Lauren E Van Driesen added to party State of New Jersey(pty:mov), Attorney Lauren E Van Driesen added to party State of Pennsylvania(pty:mov))(crt,Thomas, T) Modified to reflect deficient status on 6/6/2024 (Thomas, T). Modified to remove deficiency on 6/6/2024 (Thomas, T). (Entered: 06/06/2024)

1 Proposed order

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2 Certificate of good standing

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3 Cover Letter

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4 Envelope

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June 6, 2024

June 6, 2024

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42

NOTICE of Deficiency to Lauren E Van Driesen on behalf of State of California, State of New Jersey, State of Pennsylvania regarding 41 MOTION for Lauren E Van Driesen to Appear Pro Hac Vice. Reason: For attorneys admitted pro hac vice, signature or endorsement of local counsel is required. Please refer to LR83.2.6 for more specific requirements. (crt,Thomas, T) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

RECAP
43

ORDER granting 39 Motion to Appear Pro Hac Vice for appearance of Alan Hurst for State of Idaho. Signed by Magistrate Judge Kayla D McClusky on 6/6/2024. (crt,Leday, A) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

RECAP
44

ORDER granting 40 Motion to Appear Pro Hac Vice for appearance of Joshua N Turner for State of Idaho. Signed by Magistrate Judge Kayla D McClusky on 6/6/2024. (crt,Leday, A) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

RECAP

NOTICE of Corrective Action to Lauren E Van Driesen on behalf of State of California, State of New Jersey, State of Pennsylvania regarding 42 Notice of Deficiency. Action taken: Modified to indicate notice of deficiency issued in error. (crt,Thomas, T)

June 6, 2024

June 6, 2024

PACER

Set/Reset Deadlines as to 41 MOTION for Lauren E Van Driesen to Appear Pro Hac Vice. Motion Ripe Deadline set for 6/6/2024. (crt,Thomas, T)

June 6, 2024

June 6, 2024

PACER
45

ORDER granting 41 Motion to Appear Pro Hac Vice for appearance of Lauren E Van Driesen for State of California, State of New Jersey, State of Pennsylvania. Signed by Magistrate Judge Kayla D McClusky on 6/7/2024. (crt,Leday, A) (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

RECAP
46

REPLY to Response to Motion re 17 MOTION to Stay MOTION for Preliminary Injunction filed by All Plaintiffs. (aty,Short, Tracy) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

RECAP
47

MOTION for Leave to File Amici Curiae Brief in Support of Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction with consent sought but not yet obtained by States of New Jersey, California, Pennsylvania, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont and Washington. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/11/2024. (Attachments: # 1 Exhibit 1 - Proposed Amici Curiae Brief, # 2 Proposed order)(aty,Van Driesen, Lauren) Modified to add filers on 6/11/2024 (Thomas, T). (Entered: 06/11/2024)

1 Exhibit 1 - Proposed Amici Curiae Brief

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2 Proposed order

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June 11, 2024

June 11, 2024

RECAP

Motions Transferred regarding 47 MOTION for Leave to File Amici Curiae Brief in Support of Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction with consent sought but not yet obtained . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

June 11, 2024

June 11, 2024

PACER
48

Unopposed MOTION for Leave to File Excess Pages by School Board of Rapides Parish. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/11/2024. (Attachments: # 1 Proposed pleading Plaintiff RPSB's Reply in Support of Motion to Delay Effective Date and for Preliminary Injunction, # 2 Proposed order)(aty,Thompson, Natalie) (Entered: 06/11/2024)

1 Proposed pleading Plaintiff RPSB's Reply in Support of Motion to Delay Effe

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2 Proposed order

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June 11, 2024

June 11, 2024

RECAP

Motions Transferred regarding 48 Unopposed MOTION for Leave to File Excess Pages . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

June 11, 2024

June 11, 2024

PACER
49

ORDER granting 47 Motion for Leave to File Amici Curiae Brief. Signed by Judge Terry A Doughty on 6/12/2024. (crt,Crawford, A) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

RECAP

Motions Transferred

June 12, 2024

June 12, 2024

PACER
50

BRIEF OF AMICI CURIAE in Opposition re 17 MOTION for Preliminary Injunction, filed by State of California, State of Colorado, District of Columbia, State of Delaware, State of Hawaii, State of Illinois, State of Massachusetts, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Washington. (crt,Crawford, A) Modified docket entry relationship on 6/12/2024 (Crawford, A). (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

Clearinghouse
51

ORDER granting 48 Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 6/12/2024. (crt,Crawford, A) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

RECAP
52

REPLY to Response to 27 MOTION for Preliminary Injunction MOTION to Stay filed by School Board of Rapides Parish. (crt,Crawford, A) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

RECAP
53

MEMORANDUM RULING re 17 MOTION for Preliminary Injunction, 27 MOTION for Preliminary Injunction. See pdf for details. Signed by Judge Terry A Doughty on 6/13/2024. (crt,Miletello, A) (Entered: 06/13/2024)

June 13, 2024

June 13, 2024

Clearinghouse
54

JUDGMENT granting 17 Motion for Preliminary Injunction; granting 27 Motion for Preliminary Injunction. See pdf for more details. Signed by Judge Terry A Doughty on 6/13/2024. (crt,Miletello, A) (Entered: 06/13/2024)

June 13, 2024

June 13, 2024

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55

NOTICE of Appearance by Pardis Gheibi on behalf of All Defendants (Attorney Pardis Gheibi added to party All Defendants(pty:dft)) (aty,Gheibi, Pardis) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

RECAP
56

First MOTION for Katherine I. Hartley to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5979469) by Pacific Justice Institute. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/21/2024. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed order )(Attorney Mark A Perkins added to party Pacific Justice Institute (pty:intvp))(aty,Perkins, Mark) Modified on 6/24/2024 (Thomas, T). (Entered: 06/21/2024)

1 Exhibit Certificate of Good Standing

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2 Proposed order

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June 21, 2024

June 21, 2024

RECAP
57

First MOTION for Janice Lorrah to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5979535) by Pacific Justice Institute. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/21/2024. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed order)(aty,Perkins, Mark) Modified on 6/24/2024 (Thomas, T). (Entered: 06/21/2024)

1 Exhibit Certificate of Good Standing

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2 Proposed order

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June 21, 2024

June 21, 2024

RECAP
58

NOTICE OF APPEAL as to 54 Order on Motion for Preliminary Injunction, Order on Motion to Stay, 53 Memorandum Ruling by All Defendants. (Filed on behalf of USA - Filing Fee not required) (aty,Gheibi, Pardis) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

RECAP
59

MOTION to Stay re 54 Order on Motion for Preliminary Injunction, Order on Motion to Stay,, 53 Memorandum Ruling by All Defendants. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/24/2024. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,Gheibi, Pardis) (Entered: 06/24/2024)

1 Memorandum / Brief

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2 Proposed order

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June 24, 2024

June 24, 2024

RECAP

Motions Transferred regarding 59 MOTION to Stay re 54 Order on Motion for Preliminary Injunction, Order on Motion to Stay,, 53 Memorandum Ruling . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

June 24, 2024

June 24, 2024

PACER
60

ORDER granting 56 Motion to Appear Pro Hac Vice for appearance of Katherine I Hartley for Pacific Justice Institute. Signed by Magistrate Judge Kayla D McClusky on 6/24/2024. (crt,Leday, A) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

RECAP

Motions Transferred

June 25, 2024

June 25, 2024

PACER
61

ORDER granting 57 Motion to Appear Pro Hac Vice for appearance of Janice Lorrah for Pacific Justice Institute. Signed by Magistrate Judge Kayla D McClusky on 6/24/2024. (crt,Leday, A) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

RECAP
62

Unopposed MOTION for Extension of Time to File Answer with consent by All Defendants. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/25/2024. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,Gheibi, Pardis) (Entered: 06/25/2024)

1 Memorandum / Brief

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2 Proposed order

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June 25, 2024

June 25, 2024

PACER
63

MINUTE ENTRY: re 59 MOTION to Stay 54 Order on Motion for Preliminary Injunction. Responses due by 7/1/2024; Replies due by 7/3/2024. Signed by Judge Terry A Doughty on 6/26/2024. (crt,Crawford, A) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

RECAP
64

ORDER granting 62 Motion for Extension of Time to Answer. All Defendants' answers are due 7/22/2024; Miguel Cardona answer due 7/22/2024; Office for Civil Rights answer due 7/22/2024; Kristen Clarke answer due 7/22/2024; Merrick B Garland answer due 7/22/2024; U S Dept of Justice answer due 7/22/2024; Catherine Lhamon answer due 7/22/2024. Defendants' deadline to respond to Rapides Parish School Board's Complaint is due 7/22/24. Signed by Magistrate Judge Kayla D McClusky on 6/27/2024. (crt,Leday, A) (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

RECAP

USCA Case Number 24-30399 for 58 Notice of Appeal filed by All Defendants. (crt,WalkerSld, B)

June 27, 2024

June 27, 2024

PACER

Set Deadline for Clerk re 58 Notice of Appeal: Certify Appeal Record (24-30399) by Clerk to COA 7/12/2024. (crt,WalkerSld, B)

June 27, 2024

June 27, 2024

PACER

~Util - Set/Reset Appeal Deadlines

June 28, 2024

June 28, 2024

PACER

USCA Case Number

June 28, 2024

June 28, 2024

PACER
65

RESPONSE to Motion re 59 MOTION to Stay re 54 Order on Motion for Preliminary Injunction, Order on Motion to Stay,, 53 Memorandum Ruling filed by School Board of Rapides Parish. (aty,Thompson, Natalie) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

RECAP
66

MEMORANDUM in Opposition re 59 MOTION to Stay re 54 Order on Motion for Preliminary Injunction, Order on Motion to Stay,, 53 Memorandum Ruling filed by School Board of Acadia Parish, School Board of Allen Parish, School Board of Bossier Parish, School Board of Caddo Parish, School Board of Caldwell Parish, School Board of DeSoto Parish, LA Dept of Education, School Board of Franklin Parish, School Board of Grant Parish, State of Idaho, School Board Jefferson Davis Parish, School Board LaSalle Parish, State of Louisiana, State of Mississippi, State of Montana, School Board of Natchitoches Parish, School Board of Ouachita Parish, School Board of Red River Parish, School Board Sabine Parish, School Board of St Tammany Parish, School Board of Webster Parish, School Board of West Carroll Parish. (aty,Short, Tracy) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

RECAP
67

**WITHDRAWN** First MOTION to Intervene with opposition by Kara Claridge, Ella Woodall. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/1/2024. (Attachments: # 1 Exhibit School Policy Student, # 2 Exhibit School Policy Employee, # 3 Exhibit Proposed Complaint, # 4 Memorandum in Support of Motion to Intervene, # 5 Proposed order)(Attorney Mark A Perkins added to party Kara Claridge (pty:mov), Attorney Mark A Perkins added to party Ella Woodall (pty:mov))(aty,Perkins, Mark) Modified on 7/2/2024 (Thomas, T). Modified on 7/12/2024 to reflect as withdrawn, per 72 Order (Leday, A). (Entered: 07/01/2024)

1 Exhibit School Policy Student

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2 Exhibit School Policy Employee

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3 Exhibit Proposed Complaint

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4 Memorandum / Brief Memorandum in Support of Motion to Intervene

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5 Proposed order Proposed Order

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July 1, 2024

July 1, 2024

RECAP
68

NOTICE of Motion Setting regarding: 67 First MOTION to Intervene with opposition . Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 7/23/2024.(crt,Thomas, T) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

RECAP
69

REPLY to Response to Motion re 59 MOTION to Stay re 54 Order on Motion for Preliminary Injunction, Order on Motion to Stay,, 53 Memorandum Ruling filed by All Defendants. (aty,Takemoto, Benjamin) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

RECAP
70

First MOTION to Withdraw Document 67 First MOTION to Intervene with opposition by Kara Claridge, Ella Woodall. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/8/2024. (Attachments: # 1 Proposed order Proposed Order)(Attorney Mark A Perkins added to party Kara Claridge(pty:intvp), Attorney Mark A Perkins added to party Ella Woodall(pty:intvp))(aty,Perkins, Mark) (Entered: 07/08/2024)

1 Proposed order Proposed Order

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July 8, 2024

July 8, 2024

PACER
71

ORDER denying 59 Motion to Stay. Signed by Judge Terry A Doughty on 7/11/2024. (crt,Crawford, A) (Entered: 07/11/2024)

July 11, 2024

July 11, 2024

Clearinghouse
72

ORDER granting 70 FIRST MOTION to Withdraw Document 67 First MOTION to Intervene. Signed by Magistrate Judge Kayla D McClusky on 7/12/2024. (crt,Leday, A) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

RECAP
73

Joint MOTION for Extension of Time to File Answer with consent by All Defendants. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/15/2024. (Attachments: # 1 Proposed order)(aty,Takemoto, Benjamin). Added MOTION to Enter a Schedule on 7/15/2024 (Thomas, T). (Entered: 07/15/2024)

1 Proposed order

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July 15, 2024

July 15, 2024

PACER
74

SCHEDULING ORDER: Department of Education to produce administrative record to Plaintiffs by 9/20/2024. Parties to file joint status report with proposal for further proceedings. See pdf for further details. Signed by Magistrate Judge Kayla D McClusky on 7/18/2024. (crt,Leday, A) (Entered: 07/18/2024)

July 18, 2024

July 18, 2024

RECAP

Appeal Record Certified to USCA

July 19, 2024

July 19, 2024

PACER

ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re 58 Notice of Appeal is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking here. (USCA #24-30399) If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B)

July 19, 2024

July 19, 2024

PACER
75

MOTION to Withdraw Joshua N. Turner as Attorney by State of Idaho. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 9/17/2024. (Attachments: # 1 Proposed order)(aty,Turner, Joshua) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
76

ELECTRONIC ORDER granting 75 Motion to Withdraw as Attorney. Attorney Joshua N Turner terminated. Signed by Magistrate Judge Kayla D McClusky on 9/18/2024. (jud,McClusky, Kayla) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER

Order on Motion to Withdraw as Attorney

Sept. 18, 2024

Sept. 18, 2024

PACER

Case Details