Case: State of Texas v. The United States of America

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

COMPLAINT against All Defendants filed by State of Texas. (Filing fee $405; Receipt number ATXNDC-14575717) Clerk to issue summons(es). 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. (Walters, Ryan) (Entered: 04/29/2024)

CIVIL COVER SHEET by Plaintiff State of Texas. (Walters, Ryan) Modified title on 4/30/2024 (cmk). (Entered: 04/29/2024)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Clerk QC note: No affiliate entered in ECF). (Walters, Ryan) (Entered: 04/29/2024)

Certificate Regarding Judge-Specific Requirements. (Walters, Ryan) (Entered: 04/29/2024)

Certificate Regarding Judge-Specific Requirements. (Hunker, Kathleen) (Entered: 04/29/2024)

Certificate Regarding Judge-Specific Requirements. (Hilton, Amy) (Entered: 04/29/2024)

Certificate Regarding Judge-Specific Requirements. (Stone, Johnathan) (Entered: 04/29/2024)

Certificate Regarding Judge-Specific Requirements. (Mitchell, Jonathan) (Entered: 04/29/2024)

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. (cmk) (Entered: 04/30/2024)

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (cmk) (Entered: 04/30/2024)

Certificate Regarding Judge-Specific Requirements. (Hamilton, Gene) (Entered: 04/30/2024)

AMENDED COMPLAINT against All Defendants filed by State of Texas, Daniel A Bonevac, John Hatfield. 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) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F) (Walters, Ryan) (Entered: 05/13/2024)

1 Exhibit(s) Exhibit A

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2 Exhibit(s) Exhibit B

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3 Exhibit(s) Exhibit C

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4 Exhibit(s) Exhibit D

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5 Exhibit(s) Exhibit E

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6 Exhibit(s) Exhibit F

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MOTION for Leave to File Exceed Page Limit filed by Daniel A Bonevac, John Hatfield, State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Motion for Stay and PI, # 3 Exhibit(s) PI Appendix, # 4 Exhibit(s) Stay/PI Proposed Order) (Walters, Ryan) (Entered: 05/14/2024)

1 Proposed Order

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2 Exhibit(s) Motion for Stay and PI

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3 Exhibit(s) PI Appendix

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4 Exhibit(s) Stay/PI Proposed Order

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MOTION to Expedite filed by Daniel A Bonevac, John Hatfield, State of Texas (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 05/14/2024)

1 Proposed Order

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ORDER granting 13 Motion for Leave to File Exceed Page Limit; denying 14 Motion to Expedite. (SEE ORDER FOR FURTHER SPECIFICS.) (Ordered by Judge Matthew J. Kacsmaryk on 5/14/2024) (awc) (Entered: 05/14/2024)

MOTION to Stay, MOTION for Preliminary Injunction filed by Daniel A Bonevac, John Hatfield, State of Texas. with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Appendix, # 2 Exhibit(s) Proposed Order) (awc) (Entered: 05/14/2024)

1 Exhibit(s) Appendix

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2 Exhibit(s) Proposed Order

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SUMMONS Returned Executed as to Catherine Lhamon ; served on 5/15/2024. (Walters, Ryan) (Entered: 05/16/2024)

SUMMONS Returned Executed as to Department of Education ; served on 5/15/2024. (Walters, Ryan) (Entered: 05/16/2024)

SUMMONS Returned Executed as to Miguel Cardona ; served on 5/15/2024. (Walters, Ryan) (Entered: 05/16/2024)

SUMMONS Returned Executed as to Randolph Wills ; served on 5/15/2024. (Walters, Ryan) (Entered: 05/16/2024)

SUMMONS Returned Executed as to The United States of America ; served on 5/15/2024. (Walters, Ryan) (Entered: 05/16/2024)

SUMMONS Returned Executed. (Walters, Ryan) (Main Document 22 replaced with flattened image on 5/17/2024) (cmk). (Entered: 05/16/2024)

ORDER: To expeditiously resolve the issues presented, the Court ORDERS Plaintiffs to confer with Defendants and agree on a briefing schedule for the Motion. The Court further ORDERS the parties to file a joint notice outlining an agreed briefing schedule no later than Friday, May 31, 2024. If the parties cannot agree on a briefing schedule, the Court will impose one. The Court further ORDERS Plaintiffs to send this Order to Defendants no later than Tuesday, May 28, 2024. re: 16 MOTION to Stay, MOTION for Injunction. (Ordered by Judge Matthew J. Kacsmaryk on 5/24/2024) (awc) (Entered: 05/24/2024)

NOTICE of Attorney Appearance by Elizabeth Tulis on behalf of Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills. (Filer confirms contact info in ECF is current.) (Tulis, Elizabeth) (Entered: 05/31/2024)

NOTICE of Joint Notice of Parties' Proposed Briefing Schedules re: 23 Order Setting Deadline/Hearing,, filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills (Tulis, Elizabeth) (Entered: 05/31/2024)

MOTION to Consolidate Cases filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 05/31/2024)

1 Proposed Order

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ORDER: The Court ORDERS Defendants to file a response no later than Friday, June 14, 2024 at l1:59 p.m. Plaintiffs are ORDERED to reply no later than Friday, June 28, 2024 at 1l:59 p.m. (Ordered by Judge Matthew J. Kacsmaryk on 6/3/2024) (nht) (Entered: 06/03/2024)

ORDER: The Court ORDERS Plaintiffs to file a response to Defendants' Motion no later than Friday, June 7, 2024 at 1l:59 p.m. Defendants may file a reply, if they wish, due no later than Sunday, June 9,2024 at 1l:59 p.m. (Ordered by Judge Matthew J. Kacsmaryk on 6/3/2024) (nht) (Entered: 06/03/2024)

RESPONSE filed by Daniel A Bonevac, John Hatfield, State of Texas re: 26 MOTION to Consolidate Cases (Walters, Ryan) (Entered: 06/07/2024)

NOTICE of Attorney Appearance by Rebecca Kopplin on behalf of Department of Education, Catherine Lhamon, The United States of America, Randolph Wills. (Filer confirms contact info in ECF is current.) (Kopplin, Rebecca) (Entered: 06/07/2024)

MOTION for Leave to File Response in Opposition to Defendants' Motion to Consolidate filed by Carroll Independent School District (Attachments: # 1 Carroll ISD's Response in Opposition to Defendants' Motion to Consolidate, # 2 Proposed Order). Party Carroll Independent School District added.Attorney Natalie Deyo Thompson added to party Carroll Independent School District(pty:!!!) (Thompson, Natalie) (Entered: 06/07/2024)

1 Carroll ISD's Response in Opposition to Defendants' Motion to Consoli

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2 Proposed Order

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MOTION for Leave to File Without Local Counsel filed by State of California with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order). Party State of California added.Attorney Nimrod Pitsker Elias added to party State of California(pty:am) (Elias, Nimrod) (Entered: 06/07/2024)

1 Proposed Order

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REPLY filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills re: 26 MOTION to Consolidate Cases (Kopplin-DOJ, Rebecca) (Entered: 06/09/2024)

ORDER granting 32 Motion for Leave to File. Proposed Amici States do not require local counsel and may file an amicus brief regarding Plaintiffs' Motion for Stay and Preliminary Injunction (ECF No. 16) no later than Friday, June 14, 2024 at 11:59 p.m. (Ordered by Judge Matthew J. Kacsmaryk on 6/10/2024) (nht) (Entered: 06/10/2024)

ORDER granting 31 Motion for Leave to File; denying 26 Motion to Consolidate Cases (Ordered by Judge Matthew J. Kacsmaryk on 6/10/2024) (nht) (Entered: 06/10/2024)

NOTICE of Attorney Appearance by Garrett M Greene on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Greene, Garrett) (Entered: 06/12/2024)

Consent MOTION for Leave to File Excess Pages filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 06/13/2024)

1 Proposed Order

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ORDER granting 37 Motion for Leave to File. Defendants are therefore ORDERED to file a response brief by June 14, 2024 at 11:59 p.m. CDT not to exceed 50 pages. Plaintiffs are further ORDERED to file a reply brief no later than June 28, 2024 at 11:59 p.m. CDT not to exceed 20 pages. (Ordered by Judge Matthew J. Kacsmaryk on 6/14/2024) (nht) (Entered: 06/14/2024)

Brief/Memorandum in Support filed by State of California re 16 MOTION to Stay MOTION for Injunction Brief of Amici Curiae New Jersey, California, Pennsylvania, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington in Support of Defendants Opposition to Plaintiffs Motion for Stay of Agency Action and Preliminary Injunction (Elias, Nimrod) (Entered: 06/14/2024)

RESPONSE filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills re: 16 MOTION to Stay MOTION for Injunction (Tulis, Elizabeth) (Entered: 06/14/2024)

Brief/Memorandum in Support filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills re 40 Response/Objection Brief in Support of Defendants' Response to Plaintiffs' Motion for Stay of Agency Action and Preliminary Injunction (Tulis, Elizabeth) (Entered: 06/14/2024)

MOTION for Leave to File an Amicus Curiae Brief filed by Citizens Defending Freedom (Attachments: # 1 Amicus Brief)Attorney Mary Cecilia McCann added to party Citizens Defending Freedom(pty:am) (McCann, Mary) (Entered: 06/26/2024)

1 Amicus Brief

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MOTION Leave to Appear without Local Counsel filed by Citizens Defending Freedom (Attachments: # 1 Proposed Order) (McCann, Mary) (Entered: 06/26/2024)

ORDER granting 42 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.); granting 43 Motion (Ordered by Judge Matthew J. Kacsmaryk on 6/27/2024) (nht) (Entered: 06/27/2024)

Brief of Amicus Curiae in Support filed by Citizens Defending Freedom re 16 MOTION to Stay MOTION for Injunction (nht) (Entered: 06/27/2024)

REPLY filed by Daniel A Bonevac, John Hatfield, State of Texas re: 16 MOTION to Stay MOTION for Injunction (Walters, Ryan) (Entered: 06/28/2024)

Unopposed MOTION to Stay Answer Deadline Pending Decision on Plaintiffs' Motion for Preliminary Relief filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 07/11/2024)

1 Proposed Order

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Memorandum Opinion and Order re: 16 MOTION to Stay, MOTION for Preliminary Injunction filed by Daniel A Bonevac, John Hatfield, State of Texas (Ordered by Judge Matthew J. Kacsmaryk on 7/11/2024) (vls) (Entered: 07/11/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14757855) filed by Citizens Defending Freedom (Attachments: # 1 Certificate of good standing, # 2 List of court admissions, # 3 Proposed Order)Attorney Shawn Flynn added to party Citizens Defending Freedom(pty:mov) (Flynn, Shawn) (Entered: 07/12/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number BTXNDC-14759238) filed by Citizens Defending Freedom (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order)Attorney Lindsay McKasson added to party Citizens Defending Freedom(pty:mov) (McKasson, Lindsay) (Entered: 07/12/2024)

ORDER denying 47 Motion to Stay. Defendants are therefore ORDERED to answer by their deadline of July 15, 2024. (Ordered by Judge Matthew J. Kacsmaryk on 7/12/2024) (nht) (Entered: 07/12/2024)

Unopposed Motion for Extension of Time to File Answer or Other Response to Complaint filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 07/13/2024)

1 Proposed Order

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ORDER granting re: 49 Application for Admission Pro Hac Vice, 50 Application for Admission Pro Hac Vice, 52 Unopposed Motion for Extension of Time. Defendants ORDERED to file an answer, or otherwise respond to Plaintiffs' AmendedComplaint, ECF No. 52 at 1, no later than August 5, 2024. (Ordered by Judge Matthew J. Kacsmaryk on 7/15/2024) (nht) (Entered: 07/15/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14773677) filed by Citizens Defending Freedom (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order)Attorney James Bruner, Sr added to party Citizens Defending Freedom(pty:mov) (Bruner, James) (Entered: 07/18/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14774964) filed by Citizens Defending Freedom (Attachments: # 1 Supreme Court of Texas Certificate of Good Standing, # 2 Texas Bar Certificate of Good Standing, # 3 Proposed Order)Attorney Jonathan K Hullihan added to party Citizens Defending Freedom(pty:mov) (Hullihan, Jonathan) (Entered: 07/18/2024)

ORDER granting 54, 55 Application for Admission Pro Hac Vice. 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 7/23/2024) (nht) (Entered: 07/23/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14790965) filed by Citizens Defending Freedom (Attachments: # 1 Attachment A, # 2 Certificate of Good Standing) (North, Benjamin) (Entered: 07/25/2024)

ORDER granting 57 Application for Admission Pro Hac Vice of Benjamin F. North. 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 7/26/2024) (nht) (Entered: 07/26/2024)

Joint MOTION to Extend Time -- Joint Motion To Hold Defendants' Responsive Pleading Deadline in Abeyance and Enter a Schedule filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 07/30/2024)

1 Proposed Order

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ORDER granting 59 Motion to Extend Time. (See order for further specifics) (Ordered by Judge Matthew J. Kacsmaryk on 8/2/2024) (nht) (Entered: 08/02/2024)

NOTICE OF INTERLOCUTORY APPEAL as to [48] Memorandum Opinion and Order to the Fifth Circuit by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills. 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. (Tulis, Elizabeth)

Joint MOTION to Stay Proceedings Pending Appeal filed by State of Texas (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 10/02/2024)

1 Proposed Order

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ORDER: It is therefore ORDERED that all deadlines and proceedings in this case are STAYED until 30 days after Defendants' appeal. It is further ORDERED that the parties file a joint status report within 30 days of the return of the mandate. The clerk is DIRECTED to administratively CLOSE the case. (Ordered by Judge Matthew J. Kacsmaryk on 10/7/2024) (nht) (Entered: 10/07/2024)

USCA Case Number 24-10832 in USCA5 for 61 Notice of Appeal, filed by Catherine Lhamon, The United States of America, Randolph Wills, Miguel Cardona, Department of Education. (nht) (Entered: 10/07/2024)

Record on Appeal for USCA5 24-10832 (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. (nht) (Entered: 10/07/2024)

Unopposed MOTION to Withdraw as Attorney J. Stone filed by State of Texas (Attachments: # 1 Proposed Order) (Stone, Johnathan) (Entered: 10/09/2024)

ORDER granting [66] Motion to Withdraw as Attorney. Attorney Johnathan Stone terminated (Ordered by Judge Matthew J. Kacsmaryk on 10/10/2024) (nht)

Unopposed MOTION to Withdraw as Attorney Ryan D. Walters filed by State of Texas (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 01/31/2025)

1 Proposed Order

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ORDER granting 68 Motion to Withdraw as Attorney. Attorney Ryan Daniel Walters terminated. (Ordered by Judge Matthew J. Kacsmaryk on 2/3/2025) (nht) (Entered: 02/03/2025)

Unopposed MOTION to Withdraw as Attorney filed by Miguel Cardona, Department of Education, Catherine Lhamon, The United States of America, Randolph Wills with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Kopplin-DOJ, Rebecca) (Entered: 03/05/2025)

ORDER granting 70 Motion to Withdraw as Attorney. Attorney Rebecca Kopplin-DOJ terminated (Ordered by Judge Matthew J. Kacsmaryk on 3/12/2025) (nht) (Entered: 03/12/2025)