Case: State of Tennessee v. Cardona

2:24-cv-00072 | U.S. District Court for the Eastern District of Kentucky

Filed Date: April 30, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia 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 a…

In this case, Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia 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 Louisiana v. Department of Education, a similar case brought by Louisiana, Mississippi, Montana, and Idaho. 

On April 30, 2024, Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia filed suit in the Eastern District of Kentucky against Miguel Cardona in his capacity as the Secretary of Education and the U.S. Department of Education (DOE). Plaintiffs brought suit under the Administrative Procedure Act (APA), 5 U.S.C. § 706(2). They alleged that the Rule was arbitrary and capricious and exceeded the agency’s statutory authority. They also alleged that the Rule was in violation of the APA because it was unconstitutional. They claimed the Rule was in excess of Congress’ power under the Spending Clause, violated the nondelegation doctrine, violated the First and Fourteenth Amendments, and infringed on parents’ Constitutional right to raise their children as they see fit. The states sought declaratory judgment, preliminary and permanent injunctive relief, and attorneys’ fees.

On May 8, 2024, Judge Danny C. Reeves granted a motion to intervene to plaintiffs the Christian Educators Association International, a religious organization comprised of educators, and A.C., a high school athlete in one of the affected states. The intervenor-plaintiffs were represented by the Alliance Defending Freedom. They filed an intervenor complaint, seconding the state plaintiffs’ allegations. In addition, they alleged that the Rule violated the APA due to federalism clear statement rules, the major questions doctrine, and the Religious Freedom Restoration Act.

The plaintiff states filed a motion for a stay postponing the Rule’s effective date of August 1, 2024 and a preliminary injunction enjoining enforcement of the rule, on May 3, 2024. The intervenor-plaintiffs filed a similar motion on May 16, 2024. The court granted the preliminary injunction on June 17, 2024, enjoining the enforcement of the Rule in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia. The court found that the Rule conflicted with the plain language of Title IX in its definition of “sex,” that its definition of harassment conflicted with the First Amendment, and that the DOE’s actions were arbitrary and capricious. 

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 Sixth 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 10, 2024.

In addition, on July 1, 2024, the Government requested an emergency partial stay on the same grounds from the Sixth Circuit. The Sixth 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 Louisiana v. Department of Education 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 Rule was severable and therefore the partial stay should be granted.

The state plaintiffs and intervenor plaintiffs filed separate motions for summary judgment on July 26, 2024. The Government filed a cross-motion for summary judgment on August 23, 2024. 

As of October 7, 2024, both the appeal of the preliminary injunction in the Sixth Circuit and the motions for summary judgment in the district court remain pending.

Summary Authors

Audrey Li (10/7/2024)

Audrey Li (10/7/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68487552/parties/state-of-tennessee-v-cardona/


Judge(s)
Attorney for Plaintiff

Adamson, Virginia N. (Kentucky)

Barta, James A. (Kentucky)

Attorney for Defendant
Expert/Monitor/Master/Other

Amunson, Jessica Ring (- United States (national) -)

Astor, Martha (- United States (national) -)

Berg, Luke N. (- United States (national) -)

Expert/Monitor/Master/Other

Amunson, Jessica Ring (- United States (national) -)

Astor, Martha (- United States (national) -)

Berg, Luke N. (- United States (national) -)

Bingham, Joseph (- United States (national) -)

Bock, William Bock (- United States (national) -)

Bone, Lauren Adams (- United States (national) -)

Brewer, Cory Jennifer (- United States (national) -)

Bronni, Nicholas J. (- United States (national) -)

Bursch, John J. (- United States (national) -)

Campbell, James A. (- United States (national) -)

Chandy, Sunu (- United States (national) -)

Daugherty, Donald Albert (- United States (national) -)

Davy, James Patrick (- United States (national) -)

Eisenberg, Lisa (- United States (national) -)

Eyer, Katie (- United States (national) -)

Faer, Laura (- United States (national) -)

Flowers, Benjamin Michael (- United States (national) -)

Gitomer, Madeline (- United States (national) -)

Golden, Kaitlyn (- United States (national) -)

Mailman, Sylvia May (- United States (national) -)

Mills, Christopher Ernest (- United States (national) -)

Niles-Weed, Robert (- United States (national) -)

Nugent, Edward (- United States (national) -)

Olson, William Jeffrey (- United States (national) -)

Palmer, Jessica L. (- United States (national) -)

Payne, Joshua Kerry (- United States (national) -)

Piccinini, Giancarlo G. (Kentucky)

Riehl, Christina (- United States (national) -)

Thompson, David H. (- United States (national) -)

Wagner, William R. (- United States (national) -)

Warner, Jacob P. (- United States (national) -)

Wheat, John Marc (- United States (national) -)

show all people

Documents in the Clearinghouse

Document

24A79

SCOTUS Docket 24A79

Supreme Court of the United States

July 22, 2024

July 22, 2024

Docket
1

2:24-cv-00072

Complaint

April 30, 2024

April 30, 2024

Complaint
100

2:24-cv-00072

Memorandum Opinion & Order

June 17, 2024

June 17, 2024

Order/Opinion

2024 WL 2019146

117

2:24-cv-00072

Memorandum Opinion and Order

July 10, 2024

July 10, 2024

Order/Opinion

2024 WL 3631032

41

24-05588

Order

U.S. Court of Appeals for the Sixth Circuit

July 17, 2024

July 17, 2024

Order/Opinion

2024 WL 3453880

24A79

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/68487552/state-of-tennessee-v-cardona/

Last updated Dec. 22, 2024, 7:12 a.m.

ECF Number Description Date Link Date / Link
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COMPLAINT (Filing fee $405; receipt number BKYEDC-5827188), filed by Commonwealth of Virginia, Commonwealth of Kentucky, State of Tennessee, State of Indiana, State of Ohio, State of West Virginia. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A- Final Rule, # 3 Exhibit B- TN Facilities and Programs Comment, # 4 Exhibit C- TN Athletics Comment, # 5 Exhibit D- IN Athletics Comment, # 6 Exhibit E- Collected Comments, # 7 Summons Cardona, # 8 Summons US Dept of Education)(TBB) (Entered: 04/30/2024)

1 Civil Cover Sheet

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2 Exhibit A- Final Rule

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3 Exhibit B- TN Facilities and Programs Comment

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4 Exhibit C- TN Athletics Comment

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5 Exhibit D- IN Athletics Comment

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6 Exhibit E- Collected Comments

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7 Summons Cardona

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8 Summons US Dept of Education

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April 30, 2024

April 30, 2024

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Conflict Check run. (TBB)

April 30, 2024

April 30, 2024

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Summons Issued as to All Defendants and returned to counsel electronically for service. (Attachments: # 1 Summons - Cardona)(TBB) (Entered: 04/30/2024)

1 Summons Cardona

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April 30, 2024

April 30, 2024

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STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011. (TBB)cc: COR (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

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NOTICE TO ATTORNEY James A. Barta by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (TJG) (Entered: 04/30/2024)

April 30, 2024

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NOTICE TO ATTORNEY Corrine L. Youngs by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (TJG) (Entered: 04/30/2024)

April 30, 2024

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NOTICE TO ATTORNEY Joshua David by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (TJG) (Entered: 04/30/2024)

April 30, 2024

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NOTICE TO ATTORNEY T. Elliot Gaiser by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (TJG) (Entered: 04/30/2024)

April 30, 2024

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NOTICE TO ATTORNEY Mathura Sridharan by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (TJG) (Entered: 04/30/2024)

April 30, 2024

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NOTICE TO ATTORNEY Michael R. Williams by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (TJG) (Entered: 04/30/2024)

April 30, 2024

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NOTICE TO ATTORNEY Kevin M. Gallagher by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Rule 83.1, # 2 Rule 83.2)(TBB) (Entered: 04/30/2024)

1 Rule 83.1

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2 Rule 83.2

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April 30, 2024

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NOTICE TO ATTORNEY Brendan T. Chestnut by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Rule 83.1, # 2 Rule 83.2)(TBB) (Entered: 04/30/2024)

1 Rule 83.1

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2 Rule 83.2

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April 30, 2024

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NOTICE TO ATTORNEY J. Matthew Rice by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Rule 83.1, # 2 Rule 83.2)(TBB) (Entered: 05/01/2024)

1 Rule 83.1

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2 Rule 83.2

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May 1, 2024

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NOTICE TO ATTORNEY Whitney D. Hermandorfer by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Rule 83.1, # 2 Rule 83.2)(TBB) (Entered: 05/01/2024)

1 Rule 83.1

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2 Rule 83.2

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NOTICE TO ATTORNEY Steven J. Griffin by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Rule 83.1, # 2 Rule 83.2)(TBB) (Entered: 05/01/2024)

1 Rule 83.1

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2 Rule 83.2

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NOTICE TO ATTORNEY Virginia N. Adamson by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Rule 83.1, # 2 Rule 83.2)(TBB) (Entered: 05/01/2024)

1 Rule 83.1

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2 Rule 83.2

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May 1, 2024

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NOTICE TO ATTORNEY Brian Daniel Mounce by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Rule 83.1, # 2 Rule 83.2)(TBB) (Entered: 05/01/2024)

1 Rule 83.1

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2 Rule 83.2

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May 1, 2024

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NOTICE TO ATTORNEY Jonathan Skrmetti by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Rule 83.1, # 2 Rule 83.2)(TBB) (Entered: 05/01/2024)

1 Rule 83.1

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2 Rule 83.2

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May 1, 2024

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NOTICE FOR ATTORNEY TO UPDATE ADDRESS AND EMAIL ADDRESS to Russell Coleman: It appears the address and email address listed on your filing 1 Complaint, is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (TBB)

May 1, 2024

May 1, 2024

PACER
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MOTION for Preliminary Injunction by Commonwealth of Kentucky Motions referred to Candace J. Smith. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Bryson Declaration, # 3 Exhibit Thompson Declaration, # 4 Exhibit Mason Declaration, # 5 Exhibit Gentile Declaration, # 6 Exhibit District Policies Declaration, # 7 Exhibit Thacker Declaration, # 8 Exhibit Deuth Declaration, # 9 Exhibit Garrison Declaration, # 10 Exhibit Maul Declaration, # 11 Exhibit Coons Declaration, # 12 Exhibit Trice Declaration, # 13 Exhibit Edwards Declaration, # 14 Exhibit Purkey Declaration, # 15 Exhibit Tucker Declaration, # 16 Exhibit Blanton Declaration, # 17 Proposed Order)(Keiser, Lindsey) (Entered: 05/03/2024)

1 Memorandum in Support

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2 Exhibit Bryson Declaration

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3 Exhibit Thompson Declaration

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4 Exhibit Mason Declaration

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5 Exhibit Gentile Declaration

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6 Exhibit District Policies Declaration

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7 Exhibit Thacker Declaration

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8 Exhibit Deuth Declaration

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9 Exhibit Garrison Declaration

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10 Exhibit Maul Declaration

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11 Exhibit Coons Declaration

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12 Exhibit Trice Declaration

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13 Exhibit Edwards Declaration

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14 Exhibit Purkey Declaration

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15 Exhibit Tucker Declaration

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16 Exhibit Blanton Declaration

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17 Proposed Order

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May 3, 2024

May 3, 2024

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MOTION to Expedite by Commonwealth of Kentucky Motions referred to Candace J. Smith. (Attachments: # 1 Proposed Order)(Keiser, Lindsey) (Entered: 05/03/2024)

1 Proposed Order

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May 3, 2024

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MOTION to Intervene by Christian Educators Association International, A.C. Motions referred to Candace J. Smith. (Attachments: # 1 Memorandum in Support Brief, # 2 Proposed Order, # 3 Attachment Proposed Complaint, # 4 Attachment Exhibit List, # 5 Exhibit A-Declaration of A.C., # 6 Exhibit B-Meet Records, # 7 Exhibit C- Declaration of David Schmus, Executive Director of Christian Educators Association International, # 8 Exhibit D- Declaration of Brett Campbell # 9 Exhibit E- Declaration of Michelle Keaton # 10 Exhibit F- Declaration of Amy McKay, # 11 Exhibit G-Declaration of Silvia Moore # 12 Exhibit H- Declaration of Joshua Taylor, # 13 Attachment Corporate Disclosure)(Metzger, Edward) Modified text on 5/6/2024 (TDB). (Entered: 05/03/2024)

1 Memorandum in Support Brief

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2 Proposed Order Proposed Order

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3 Attachment Proposed Complaint

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4 Attachment Exhibit List

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5 Exhibit A- Declaration of A.C.

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6 Exhibit B- Meet Records

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7 Exhibit C- Declaration of David Schmus, Executive Director of Christian Educator

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8 Exhibit D- Declaration of Brett Campbell

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9 Exhibit E- Declaration of Michelle Keaton

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10 Exhibit F- Declaration of Amy McKay

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11 Exhibit G- Declaration of Silvia Moore

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12 Exhibit H- Declaration of Joshua Taylor

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13 Attachment Corporate Disclosure

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May 3, 2024

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MOTION for Henry W. Frampton, IV to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number BKYEDC-5830482)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit A- Certificate of Good Standing, # 2 Proposed Order)(Metzger, Edward) Modified text on 5/6/2024 (TDB). (Entered: 05/03/2024)

1 Exhibit A- Certificate of Good Standing

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2 Proposed Order

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May 3, 2024

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MOTION for Jonathan A. Scruggs to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830484)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit A- Certificate of Good Standing, # 2 Proposed Order)(Metzger, Edward) Modified text on 5/6/2024 (TDB). (Entered: 05/03/2024)

1 Exhibit A- Certificate of Good Standing

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2 Proposed Order

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May 3, 2024

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MOTION for Rachel A. Rouleau to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830486)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit A- Certificate of Good Standing, # 2 Proposed Order)(Metzger, Edward) Modified on 5/6/2024 (TDB). (Entered: 05/03/2024)

1 Exhibit A- Certificate of Good Standing

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2 Proposed Order

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May 3, 2024

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MOTION for Natalie D. Thompson to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830487)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit A- Certificate of Good Standing, # 2 Proposed Order)(Metzger, Edward) Modified text on 5/6/2024 (TDB). (Entered: 05/03/2024)

1 Exhibit A- Certificate of Good Standing

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2 Proposed Order

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May 3, 2024

May 3, 2024

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BAR STATUS Check completed as to Henry W. Frampton, IV re 22 MOTION for Henry W. Frampton, IV to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number BKYEDC-5830482). (TDB)

May 6, 2024

May 6, 2024

PACER

BAR STATUS Check completed as to Jonathan A. Scruggs re 23 MOTION for Jonathan A. Scruggs to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830484). (TDB)

May 6, 2024

May 6, 2024

PACER

BAR STATUS Check completed as to Rachel A. Rouleau re 24 MOTION for Rachel A. Rouleau to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830486). (TDB)

May 6, 2024

May 6, 2024

PACER

BAR STATUS Check completed as to Natalie D. Thompson re 25 MOTION for Natalie D. Thompson to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830487). (TDB)

May 6, 2024

May 6, 2024

PACER

***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 23 MOTION for Jonathan A. Scruggs to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830484), 25 MOTION for Natalie D. Thompson to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830487), 22 MOTION for Henry W. Frampton, IV to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number BKYEDC-5830482), 24 MOTION for Rachel A. Rouleau to Appear Pro Hac Vice by A.C., Christian Educators Association International ( Filing fee $125; receipt number AKYEDC-5830486) (TDB)

May 6, 2024

May 6, 2024

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MOTION for Michael R. Williams to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831267)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Williams, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/06/2024)

1 Exhibit Declaration of Williams

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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May 6, 2024

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MOTION for Kevin M. Gallagher to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831732)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Gallagher, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/06/2024)

1 Exhibit Declaration of Gallagher

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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May 6, 2024

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MOTION for Brendan T. Chestnut to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831801)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Chestnut, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/06/2024)

1 Exhibit Declaration of Chestnut

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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May 6, 2024

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BAR STATUS Check completed as to Michael R. Williams re 26 MOTION for Michael R. Williams to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831267). (TDB)

May 7, 2024

May 7, 2024

PACER

BAR STATUS Check completed as to Kevin M. Gallagher re 27 MOTION for Kevin M. Gallagher to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831732). (TDB)

May 7, 2024

May 7, 2024

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BAR STATUS Check completed as to Brendan T. Chestnut re 28 MOTION for Brendan T. Chestnut to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831801). (TDB)

May 7, 2024

May 7, 2024

PACER

***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 28 MOTION for Brendan T. Chestnut to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831801), 26 MOTION for Michael R. Williams to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831267), 27 MOTION for Kevin M. Gallagher to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5831732) (TDB)

May 7, 2024

May 7, 2024

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ORDER: This case is REASSIGNED to Chief Judge Danny C. Reeves. Signed by Judge David L. Bunning on 5/7/2024.(TJG)cc: COR (Entered: 05/07/2024)

May 7, 2024

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MOTION for T. Elliot Gaiser to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5832833)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Gaiser, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/07/2024)

1 Exhibit Declaration of Gaiser

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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May 7, 2024

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MOTION for Mathura J. Sridharan to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5832855)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Sridharan, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/07/2024)

1 Exhibit Declaration of Sridharan

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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May 7, 2024

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ORDER: the motion to appear pro hac vice 22 is GRANTED for Henry W. Frampton, IV. Signed by Magistrate Judge Candace J. Smith on 05/07/2024. (SLG)cc: COR (Entered: 05/07/2024)

May 7, 2024

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ORDER: granting 23 Motion to Appear Pro Hac Vice for Jonathan A. Scruggs. Signed by Magistrate Judge Candace J. Smith on 05/07/2024. (SLG)cc: COR (Entered: 05/07/2024)

May 7, 2024

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ORDER: granting 24 Motion to Appear Pro Hac Vice for Rachel A. Rouleau. Signed by Magistrate Judge Candace J. Smith on 05/07/2024. (SLG)cc: COR (Entered: 05/07/2024)

May 7, 2024

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ORDER: granting 28 Motion to Appear Pro Hac Vice for Brendan T. Chestnut. Signed by Magistrate Judge Candace J. Smith on 5/7/2024. (TJG)cc: COR (Entered: 05/07/2024)

May 7, 2024

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ORDER: granting 25 Motion to Appear Pro Hac Vice for Natalie D. Thompson. Signed by Magistrate Judge Candace J. Smith on 05/07/2024. (SLG)cc: COR (Entered: 05/07/2024)

May 7, 2024

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ORDER: granting 27 Motion to Appear Pro Hac Vice for Kevin M. Gallagher. Signed by Magistrate Judge Candace J. Smith on 5/7/2024. (TJG)cc: COR (Entered: 05/07/2024)

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ORDER: granting 26 Motion to Appear Pro Hac Vice for Michael R. Williams. Signed by Magistrate Judge Candace J. Smith on 05/07/2024. (SLG)cc: COR (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

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40

NOTICE of Appearance by Pardis Gheibi, DOJ on behalf of All Defendants (Gheibi, Pardis) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

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41

RESPONSE in Opposition re 20 MOTION to Expedite by Commonwealth of Kentucky filed by Miguel Cardona, United States Department of Education. (Gheibi, Pardis) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

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42

MOTION for Extension of Time to File Response/Reply by Miguel Cardona, United States Department of Education Motions referred to Candace J. Smith. (Attachments: # 1 Proposed Order)(Gheibi, Pardis) (Entered: 05/07/2024)

1 Proposed Order

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May 7, 2024

May 7, 2024

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43

MOTION for Whitney D. Hermandorfer to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833005)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Hermandorfer, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/07/2024)

1 Exhibit Declaration of Hermandorfer

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2 Exhibit Certificate of Good Standing

View on RECAP

3 Proposed Order

View on RECAP

May 7, 2024

May 7, 2024

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44

MOTION for Virginia N. Adamson to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833006)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Adamson, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/07/2024)

1 Exhibit Declaration of Adamson

View on RECAP

2 Exhibit Certificate of Good Standing

View on RECAP

3 Proposed Order

View on RECAP

May 7, 2024

May 7, 2024

RECAP
45

MOTION for J. Matthew Rice to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833007)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Rice, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/07/2024)

1 Exhibit Declaration of Rice

View on RECAP

2 Exhibit Certificate of Good Standing

View on RECAP

3 Proposed Order

View on RECAP

May 7, 2024

May 7, 2024

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46

MOTION for Steven J. Griffin to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833008)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Griffin, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/07/2024)

1 Exhibit Declaration of Griffin

View on RECAP

2 Exhibit Certificate of Good Standing

View on RECAP

3 Proposed Order

View on RECAP

May 7, 2024

May 7, 2024

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47

MOTION for Brian Daniel Mounce to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833009)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Mounce, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/07/2024)

1 Exhibit Declaration of Mounce

View on RECAP

2 Exhibit Certificate of Good Standing

View on RECAP

3 Proposed Order

View on RECAP

May 7, 2024

May 7, 2024

RECAP

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Henry W. Frampton, IV: re 33 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Henry W. Frampton, IV (TJG)

May 7, 2024

May 7, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jonathan A. Scruggs: re 34 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jonathan A. Scruggs (TJG)

May 7, 2024

May 7, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Rachel A. Rouleau: re 35 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Rachel A. Rouleau (TJG)

May 7, 2024

May 7, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Brendan T. Chestnut: re 36 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Brendan T. Chestnut (TJG)

May 7, 2024

May 7, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Natalie D. Thompson: re 37 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Natalie D. Thompson (TJG)

May 7, 2024

May 7, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Kevin M. Gallagher: re 38 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Kevin M. Gallagher (TJG)

May 7, 2024

May 7, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Michael R. Williams: re 39 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Michael R. Williams (TJG)

May 7, 2024

May 7, 2024

PACER

BAR STATUS Check completed as to T. Elliot Gaiser re 31 MOTION for T. Elliot Gaiser to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5832833). (TDB)

May 8, 2024

May 8, 2024

PACER

BAR STATUS Check completed as to Mathura Sridharan re 32 MOTION for Mathura J. Sridharan to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5832855). (TDB)

May 8, 2024

May 8, 2024

PACER

BAR STATUS Check completed as to Whitney D. Hermandorfer re 43 MOTION for Whitney D. Hermandorfer to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833005). (TDB)

May 8, 2024

May 8, 2024

PACER

BAR STATUS Check completed as to Virginia N. Adamson re 44 MOTION for Virginia N. Adamson to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833006). (TDB)

May 8, 2024

May 8, 2024

PACER

BAR STATUS Check completed as to J. Matthew Rice re 45 MOTION for J. Matthew Rice to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833007). (TDB)

May 8, 2024

May 8, 2024

PACER

BAR STATUS Check completed as to Steven J. Griffin re 46 MOTION for Steven J. Griffin to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833008). (TDB)

May 8, 2024

May 8, 2024

PACER

BAR STATUS Check completed as to Brian Daniel Mounce re 47 MOTION for Brian Daniel Mounce to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833009). (TDB)

May 8, 2024

May 8, 2024

PACER

***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 43 MOTION for Whitney D. Hermandorfer to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833005), 44 MOTION for Virginia N. Adamson to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833006), 45 MOTION for J. Matthew Rice to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833007), 31 MOTION for T. Elliot Gaiser to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5832833), 47 MOTION for Brian Daniel Mounce to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833009), 46 MOTION for Steven J. Griffin to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5833008), 32 MOTION for Mathura J. Sridharan to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5832855) (TDB)

May 8, 2024

May 8, 2024

PACER
48

NOTICE of Appearance by Michael R. Williams on behalf of State of West Virginia (Williams, Michael) (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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49

ORDER:1. The plaintiffs' emergency motion for an expedited briefing schedule 20 is DENIED. 2. The defendants' motion for an extension of time 42 is DENIED. 3. The defendants' response to the plaintiffs motion for a preliminary injunction/stay is due on or before Friday, May 24, 2024. 4. The plaintiffs' reply is due on or before June 7, 2024. 5. The plaintiffs' motion for a preliminary injunction/stay is scheduled for hearing beginning Monday, June 10, 2024, at the hour of 9:00 a.m., and continuing as necessary through Friday, June 14, 2024. The hearing will take place at the United States Courthouse in Lexington, Kentucky. 6. The parties are directed to tender to the Court a list of witnesses and a brief description of the anticipated testimony of each witness no later than Monday, June 3, 2024. Signed by Judge Danny C. Reeves on 5/8/2024.(TDB)cc: COR, LEX Diary (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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50

ORDER: that the motion to intervene 21 is GRANTED. The intervenor-plaintiffs may submit a brief in support of the motion for a preliminary injunction no later than May 16, 2024, pursuant to the limitations outlined in Local Rule 7.1. Signed by Judge Danny C. Reeves on 5/8/2024. (TDB)cc: COR (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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51

ORDER: granting 31 Motion to Appear Pro Hac Vice for Elliott Gaiser. Signed by Magistrate Judge Candace J. Smith on 5/8/2024. (TJG)cc: COR (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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52

ORDER: granting 46 Motion to Appear Pro Hac Vice for Steven J. Griffin. Signed by Magistrate Judge Candace J. Smith on 05/08/2024. (SLG)cc: COR (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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53

ORDER: granting 32 Motion to Appear Pro Hac Vice for Mathura Sridharan. Signed by Magistrate Judge Candace J. Smith on 5/8/2024. (TJG)cc: COR (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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54

ORDER: granting 43 Motion to Appear Pro Hac Vice for Whitney D. Hermandorfer. Signed by Magistrate Judge Candace J. Smith on 5/8/2024. (TJG)cc: COR (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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55

ORDER: granting 47 Motion to Appear Pro Hac Vice for Brian Daniel Mounce. Signed by Magistrate Judge Candace J. Smith on 05/08/2024. (SLG)cc: COR (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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56

ORDER: granting 44 Motion to Appear Pro Hac Vice for Virginia N. Adamson. Signed by Magistrate Judge Candace J. Smith on 5/8/2024. (TJG)cc: COR (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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57

ORDER: granting 45 Motion to Appear Pro Hac Vice for J. Matthew Rice. Signed by Magistrate Judge Candace J. Smith on 05/08/2024. (SLG)cc: COR (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

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72

Intervenor COMPLAINT, filed by Christian Educators Association International, and A.C. by her next friend and mother, Abigail Cross. cc: COR and Jonathan Skrmetti, Joshua David by US Mail(TDB) (Additional attachment(s) added on 5/28/2024: # 1 Exhibit Index List, # 2 Exhibit A- Declaration of A.C., # 3 Exhibit B- Meet Records, # 4 Exhibit C- Declaration of David Schmus, Executive Director of Christian Educator, # 5 Exhibit D- Declaration of Brett Campbell, # 6 Exhibit E- Declaration of Michelle Keaton, # 7 Exhibit F- Declaration of Amy McKay, # 8 Exhibit G- Declaration of Silvia Moore, # 9 Exhibit H- Declaration of Joshua Taylor) (TDB). Modified text on 5/28/2024 (TDB). (Entered: 05/21/2024)

1 Exhibit Index List

View on PACER

2 Exhibit A- Declaration of A.C.

View on PACER

3 Exhibit B- Meet Records

View on PACER

4 Exhibit C- Declaration of David Schmus, Executive Director of Christian Educator

View on PACER

5 Exhibit D- Declaration of Brett Campbell

View on PACER

6 Exhibit E- Declaration of Michelle Keaton

View on PACER

7 Exhibit F- Declaration of Amy McKay

View on PACER

8 Exhibit G- Declaration of Silvia Moore

View on PACER

9 Exhibit H- Declaration of Joshua Taylor

View on PACER

May 8, 2024

May 8, 2024

PACER
77

FRCP 7.1 DISCLOSURE STATEMENT by Christian Educators Association International. (TDB) (Entered: 05/28/2024)

May 8, 2024

May 8, 2024

PACER
58

MOTION for James A. Barta to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834436)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Barta and Certificate of Good Standing, # 2 Proposed Order)(Keiser, Lindsey) (Entered: 05/09/2024)

1 Exhibit Declaration of Barta and Certificate of Good Standing

View on RECAP

2 Proposed Order

View on RECAP

May 9, 2024

May 9, 2024

RECAP
59

MOTION for Corrine L. Youngs to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834461)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Youngs and Certificate of Good Standing, # 2 Proposed Order)(Keiser, Lindsey) (Entered: 05/09/2024)

1 Exhibit Declaration of Youngs and Certificate of Good Standing

View on RECAP

2 Proposed Order

View on RECAP

May 9, 2024

May 9, 2024

RECAP
60

MOTION for Joshua J. David to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834480)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of David and Certificate of Good Standing, # 2 Proposed Order)(Keiser, Lindsey) (Entered: 05/09/2024)

1 Exhibit Declaration of David and Certificate of Good Standing

View on RECAP

2 Proposed Order

View on RECAP

May 9, 2024

May 9, 2024

RECAP

BAR STATUS Check completed as to James A. Barta re 58 MOTION for James A. Barta to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834436). (TDB)

May 9, 2024

May 9, 2024

PACER

BAR STATUS Check completed as to Corrine L. Youngs re 59 MOTION for Corrine L. Youngs to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834461). (TDB)

May 9, 2024

May 9, 2024

PACER
61

MOTION for Jonathan T. Skrmetti to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834529)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Declaration of Skrmetti, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Keiser, Lindsey) (Entered: 05/09/2024)

1 Exhibit Declaration of Skrmetti

View on RECAP

2 Exhibit Certificate of Good Standing

View on RECAP

3 Proposed Order

View on RECAP

May 9, 2024

May 9, 2024

RECAP

BAR STATUS Check completed as to Joshua David re 60 MOTION for Joshua J. David to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834480). (TDB)

May 9, 2024

May 9, 2024

PACER

BAR STATUS Check completed as to Jonathan Skrmetti re 61 MOTION for Jonathan T. Skrmetti to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834529). (TDB)

May 9, 2024

May 9, 2024

PACER

***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 59 MOTION for Corrine L. Youngs to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834461), 58 MOTION for James A. Barta to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834436), 61 MOTION for Jonathan T. Skrmetti to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834529), 60 MOTION for Joshua J. David to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834480) (TDB)

May 9, 2024

May 9, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Steven J. Griffin: re 52 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Steven J. Griffin (TDB)

May 9, 2024

May 9, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Mathura Sridharan: re 53 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Mathura Sridharan (TDB)

May 9, 2024

May 9, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Whitney D. Hermandorfer: re 54 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Whitney D. Hermandorfer (TDB)

May 9, 2024

May 9, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to J. Matthew Rice: re 57 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to J. Matthew Rice (TDB)

May 9, 2024

May 9, 2024

PACER
62

VIRTUAL ORDER: granting 58 Motion to Appear Pro Hac Vice for James A. Barta ; granting 59 Motion to Appear Pro Hac Vice for Corrine L. Youngs; granting 60 Motion to Appear Pro Hac Vice for Joshua J. David; granting 61 Motion to Appear Pro Hac Vice for Jonathan T. Skrmetti. Signed by Judge Danny C. Reeves on 5/9/2024. (TDB)cc: COR (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to James A. Barta: re 58 MOTION for James A. Barta to Appear Pro Hac Vice by Commonwealth of Kentucky ( Filing fee $125; receipt number AKYEDC-5834436). A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to James A. Barta (TDB)

May 9, 2024

May 9, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Corrine L. Youngs: 62 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Corrine L. Youngs (TDB)

May 9, 2024

May 9, 2024

PACER

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Joshua David: re 62 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Joshua David (TDB)

May 9, 2024

May 9, 2024

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Education

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: April 30, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

States Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia, the Christian Educators Association International, a religious organization comprised of educators, and A.C., a high school athlete in one of the affected states.

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Non-profit religious organization

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Education (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Bathrooms

Juveniles

School/University Facilities

School/University policies

Discrimination Area:

Disparate Impact

Disparate Treatment

Harassment / Hostile Work Environment

Medical Exam / Inquiry

Sports

Discrimination Basis:

Gender identity

Sex discrimination

Affected Sex/Gender(s):

Female

Intersex

Transgender

LGBTQ+:

LGBTQ+

Transgender: Sports