Case: Oklahoma v. Cardona

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

COMPLAINT against Miguel Cardona, United States Department of Education filed by Oklahoma State of. (Attachments: # 1 Civil Cover Sheet)(naa) (Entered: 05/06/2024)

1 Civil Cover Sheet

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Summons Issued Electronically as to Miguel Cardona, United States Department of Education. (naa) (Entered: 05/06/2024)

ENTRY of Appearance by Barry G Reynolds on behalf of Oklahoma State of (Reynolds, Barry) (Entered: 05/07/2024)

PAYMENT FOR A CIVIL CASE Filing fee $ 405, receipt number AOKWDC-4426500. (Reynolds, Barry)

ENTRY of Appearance by R Tom Hillis on behalf of Oklahoma State of (Hillis, R) (Entered: 05/07/2024)

ENTRY of Appearance by J Miles McFadden on behalf of Oklahoma State of (McFadden, J) (Entered: 05/07/2024)

ENTER ORDER REASSIGNING CASE. Case reassigned to Judge Jodi W. Dishman for all further proceedings. Judge Joe Heaton no longer assigned to case. The judge's initials at the end of the case number should reflect "JD" and not "HE" for proper distribution of all future filings. Signed by Judge Joe Heaton on 05/08/2024. (lam) (Entered: 05/08/2024)

STRICKEN SUMMONS Returned Executed by Oklahoma State of. Miguel Cardona served on 5/13/2024. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 05/21/2024)

STRICKEN SUMMONS Returned Executed by Oklahoma State of. Miguel Cardona served on 5/9/2024. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 05/21/2024)

STRICKEN SUMMONS Returned Executed by Oklahoma State of. Miguel Cardona served on 5/10/2024. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 05/21/2024)

STRICKEN SUMMONS Returned Executed by Oklahoma State of. United States Department of Education served on 5/13/2024. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 05/21/2024)

STRICKEN SUMMONS Returned Executed by Oklahoma State of. United States Department of Education served on 5/9/2024. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 05/21/2024)

STRICKEN SUMMONS Returned Executed by Oklahoma State of. United States Department of Education served on 5/10/2024. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 05/21/2024)

Notice from the Court

NOTICE from the Court 11 Summons Returned Executed, 8 Summons Returned Executed, 10 Summons Returned Executed, 7 Summons Returned Executed, 12 Summons Returned Executed, 9 Summons Returned Executed are STRICKEN, due to counsel's failure to comply with this Court's ECF Policies and Procedures Manual, Section II(A)(4)(a). Specifically, exhibits shall be clearly labeled with the appropriate exhibit number. Exhibits should not have alphabetical or alpha-numeric designations. Counsel to refile within 24 hours from this Notice. The filing should not differ in substance apart from addressing the deficiencies raised in this Notice.(rp)

SUMMONS Returned Executed by Oklahoma State of. Miguel Cardona served on 5/13/2024. (Attachments: # 1 Exhibit 1 - Return Service Docs)(Hillis, R) (Entered: 05/22/2024)

SUMMONS Returned Executed by Oklahoma State of. Miguel Cardona served on 5/9/2024. (Attachments: # 1 Exhibit 1 - Return Service Docs)(Hillis, R) (Entered: 05/22/2024)

SUMMONS Returned Executed by Oklahoma State of. Miguel Cardona served on 5/10/2024. (Attachments: # 1 Exhibit 1 - Return Service Docs)(Hillis, R) (Entered: 05/22/2024)

SUMMONS Returned Executed by Oklahoma State of. United States Department of Education served on 5/13/2024. (Attachments: # 1 Exhibit 1 - Return Service Docs)(Hillis, R) (Entered: 05/22/2024)

SUMMONS Returned Executed by Oklahoma State of. United States Department of Education served on 5/9/2024. (Attachments: # 1 Exhibit 1 - Return Service Docs)(Hillis, R) (Entered: 05/22/2024)

SUMMONS Returned Executed by Oklahoma State of. United States Department of Education served on 5/10/2024. (Attachments: # 1 Exhibit 1 - Return Service Docs)(Hillis, R) (Entered: 05/22/2024)

UNOPPOSED MOTION for Leave to File Excess Pages by Oklahoma State of. (Reynolds, Barry) (Entered: 06/27/2024)

ORDER granting 19 Motion for Leave to File Excess Pages. Signed by Judge Jodi W. Dishman on 6/28/2024. (nv) (Entered: 06/28/2024)

MOTION for Preliminary Injunction and Opening Brief in Support by Oklahoma State of. (Attachments: # 1 Exhibit 1 - OK AG Comments)(Reynolds, Barry) (Entered: 06/28/2024)

1 Exhibit 1 - OK AG Comments

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ENTRY of Appearance by Hannah Solomon-Strauss on behalf of All Defendants (Solomon-Strauss, Hannah) (Entered: 07/02/2024)

UNOPPOSED MOTION for Extension of Time to File Answer re 1 Complaint by All Defendants. (Solomon-Strauss, Hannah) (Entered: 07/02/2024)

ORDER granting 23 Motion for Extension of Time to Answer. The Court extends the deadlines for Defendants to answer, move against, or otherwise respond to Plaintiff's Complaint to August 8, 2024. Signed by Judge Jodi W. Dishman on 7/3/2024. (nv) (Entered: 07/03/2024)

ORDER SETTING EXPEDITED BRIEFING re 21 MOTION for Preliminary Injunction and Opening Brief in Support filed by Oklahoma State of. Signed by Judge Jodi W. Dishman on 7/3/2024. (nv) (Entered: 07/03/2024)

STRICKEN MOTION to Supplement Plaintiff's Motion for Preliminary Injunction by Oklahoma State of. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Reynolds, Barry) (Entered: 07/05/2024)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Notice from the Court

NOTICE from the Court 26 MOTION to Supplement Plaintiff's Motion for Preliminary Injunction is STRICKEN, due to counsel's failure to comply with this Court's ECF Policies and Procedures Manual, Section II(A)(4)(a). Specifically, a description of the exhibit must be provided in the docket entry. Counsel to refile within 24 hours from this Notice. The filing should not differ in substance apart from addressing the deficiencies raised in this Notice. (rp)

MOTION to Supplement Plaintiff's Motion for Preliminary Injunction by Oklahoma State of. (Attachments: # 1 Exhibit 1-Peyton Moser Declaration, # 2 Exhibit 2-Eric Sailer Declaration, # 3 Exhibit 3-Karson Merrell Declaration)(Reynolds, Barry) (Entered: 07/08/2024)

1 Exhibit 1-Peyton Moser Declaration

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2 Exhibit 2-Eric Sailer Declaration

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3 Exhibit 3-Karson Merrell Declaration

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ORDER SETTING EXPEDITED BRIEFING re 27 MOTION to Supplement Plaintiff's Motion for Preliminary Injunction filed by Oklahoma State of. Any response brief in opposition to this Motion by Defendants shall be filed on or before Friday, July 12, 2024. No reply will be permitted. Signed by Judge Jodi W. Dishman on 7/8/2024. (nv) (Entered: 07/08/2024)

ENTRY of Appearance by Benjamin Thomas Takemoto on behalf of All Defendants (Takemoto, Benjamin) (Entered: 07/09/2024)

ENTRY of Appearance by Pardis Gheibi on behalf of All Defendants (Gheibi, Pardis) (Entered: 07/10/2024)

STRICKEN MOTION for Leave to Appear Pro Hac Vice by California State Of, New Jersey State of, Pennsylvania State of. (Attachments: # 1 Exhibit 1 - Certificate and Request, # 2 Exhibit 2 - Proposed Order, # 3 Exhibit 3 - Letter to Clerk, # 4 Envelope)(rp) (Entered: 07/12/2024)

Notice from the Court

Receipt for Money Received from California State Of, New Jersey State of, Pennsylvania State of in the amount of $100, receipt number 500007732 regarding 31 MOTION for Leave to Appear Pro Hac Vice (rp) (Entered: 07/12/2024)

RESPONSE in Opposition re 27 MOTION to Supplement Plaintiff's Motion for Preliminary Injunction filed by All Defendants. (Gheibi, Pardis) (Entered: 07/12/2024)

NOTICE from the Court 31 MOTION for Leave to Appear Pro Hac Vice is STRICKEN, for failure to comply with this Court's LCvR7.1(c). Counsel to refile within 24 hours from this Notice. The filing should not differ in substance apart from addressing the deficiencies raised in this Notice. The $100.00 filing fee need not be paid a second time. (rp)

MOTION for Leave to Appear Pro Hac Vice for Giancarlo G. Piccinini by California State Of, New Jersey State of, Pennsylvania State of. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing., # 2 Exhibit 2 - Request)(rp) (Entered: 07/15/2024)

MOTION for Relief Under Local Civil Rule 83.3(c) by California State Of, New Jersey State of, Pennsylvania State of. (rp) (Entered: 07/15/2024)

ORDER granting 34 Motion to Appear Pro Hac Vice of Giancarlo G. Piccinini. Signed by Judge Jodi W. Dishman on 7/15/2024. (nv) (Entered: 07/15/2024)

ORDER granting 35 Motion for Relief Under Local Rule 83.3(c). Signed by Judge Jodi W. Dishman on 7/15/2024. (nv) (Entered: 07/15/2024)

ORDER granting 27 Plaintiff's Motion for Leave to Supplement its Motion forPreliminary Injunction. Signed by Judge Jodi W. Dishman on 7/15/2024. (nv) (Entered: 07/15/2024)

ENTRY of Appearance by Giancarlo Piccinini on behalf of New Jersey State of (Piccinini, Giancarlo) Main Document 39 replaced on 7/17/2024. Document flattened to optimize CM/ECF display; no other changes made (rp). (Entered: 07/16/2024)

RESPONSE in Opposition re 21 MOTION for Preliminary Injunction and Opening Brief in Support filed by All Defendants. (Takemoto, Benjamin) (Entered: 07/16/2024)

SUPPLEMENT to the MOTION for Preliminary Injunction by Oklahoma State of. (Attachments: # 1 Exhibit 1 - Moser Declaration, # 2 Exhibit 2 - Sailer Declaration, # 3 Exhibit 3 - Merrell Declaration)(Reynolds, Barry) Modified on 7/17/2024 to correct docket text to match title of document filed. (nv). (Entered: 07/17/2024)

1 Exhibit 1 - Moser Declaration

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2 Exhibit 2 - Sailer Declaration

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3 Exhibit 3 - Merrell Declaration

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MOTION for Leave to File a Brief as Amici Curiae by New Jersey State of. (Piccinini, Giancarlo) (Entered: 07/17/2024)

REPLY to Response to Motion re 21 MOTION for Preliminary Injunction and Opening Brief in Support filed by Oklahoma State of. (Attachments: # 1 Exhibit 1 - Fifth Circuit Ruling, # 2 Exhibit 2 - Sixth Circuit Ruling)(Reynolds, Barry) (Entered: 07/18/2024)

1 Exhibit 1 - Fifth Circuit Ruling

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2 Exhibit 2 - Sixth Circuit Ruling

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ORDER granting 42 Motion for Leave to File a Brief as Amici Curiae. The Amici States amicus curiae brief shall be filed by Thursday, July 25, 2024, and it shall not differ from Exhibit 1 included in the Motion. Signed by Judge Jodi W. Dishman on 7/22/2024. (nv) (Entered: 07/22/2024)

MEMORANDUM in Support of Defendants' Opposition re 40 filed by New Jersey State of. (Piccinini, Giancarlo) (Entered: 07/23/2024)

NOTICE (other) by Oklahoma State of re 21 MOTION for Preliminary Injunction and Opening Brief in Support of Supplemental Authority (Attachments: # 1 Exhibit 1 - Arkansas v. US Dept of Education)(Reynolds, Barry) (Entered: 07/25/2024)

1 Exhibit 1 - Arkansas v. US Dept of Education

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NOTICE (other) by All Defendants of supplemental authority (Attachments: # 1 Exhibit 1- Alabama v. Dept of Education Memorandum Opinion & Order)(Solomon-Strauss, Hannah) (Entered: 07/30/2024)

1 Exhibit 1- Alabama v. Dept of Education Memorandum Opinion & Order

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ORDER granting 21 Motion for Preliminary Injunction. The United States Department of Education and Miguel Cardona, Secretary of the U.S. Department of Education, along with their secretaries, directors, administrators, and employees, are preliminarily ENJOINED and RESTRAINED from implementing, enacting, enforcing, or taking any action in any manner to enforce the Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 89 Fed. Reg. 33474 (Apr. 29, 2024), which is scheduled to take effect on August 1, 2024. The preliminary injunction is limited to the State of Oklahoma. The Court does not require a security. Signed by Judge Jodi W. Dishman on 7/31/2024. (nv) (Entered: 07/31/2024)

NOTICE from the Court re 48 Order granting State of Oklahoma's Motion for Preliminary Injunction. See Order for details and deadline imposed by the Court. Signed by Judge Jodi W. Dishman on this 31st day of July 2024. (nv) (Entered: 07/31/2024)

Docket Annotation

Docket Annotation: Per Notice [Doc. No. 49], the Court administratively terminates this action to be reopened by any filing by the parties or by an appellate court order or opinion requiring further action by this Court. (nv)

ENTRY of Appearance by John T. Lewis on behalf of All Defendants (Lewis, John) (Entered: 08/21/2024)

NOTICE OF APPEAL as to 48 Order on Motion for Preliminary Injunction,,, by All Defendants. (Lewis, John) (Entered: 09/27/2024)

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 51 Notice of Appeal (Attachments: # 1 Attachment 1 - Preliminary Record on Appeal)(rp) (Entered: 09/27/2024)

1 Attachment 1 - Preliminary Record on Appeal

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Tenth Circuit USCA Case Number 24-6205 for 51 Notice of Appeal filed by Miguel Cardona, United States Department of Education. Civil case docketed. Preliminary record filed. DATE RECEIVED: 09/27/2024 Docketing statement, transcript order form and notice of appearance due 10/11/2024 for Miguel Cardona and United States Department of Education. Notice of appearance also due on 10/11/2024 for State of Oklahoma. [24-6205] (rp) (Entered: 09/27/2024)

TRANSCRIPT Order Form by All Defendants re 51 Notice of Appeal that transcripts are not necessary. See order form for dates and proceedings. (Lewis, John) (Entered: 10/10/2024)

TRANSCRIPT LETTER advising no transcripts are necessary re 51 Notice of Appeal filed by Miguel Cardona, United States Department of Education. The record is ready for appeal purposes. (rp) (Entered: 10/10/2024)

NOTICE (other) by Miguel Cardona, United States Department of Education of Withdrawal (Lewis, John) (Entered: 01/16/2025)

ORDER of USCA as to 51 Notice of Appeal filed by Miguel Cardona, United States Department of Education. Frap 42 procedural termination without judicial action by the Clerk of the Court. [24-6205] (rp) (Entered: 03/17/2025)

USCA MANDATE Issued re 51 Notice of Appeal filed by Miguel Cardona, United States Department of Education. Mandate issued. [24-6205] (rp) (Entered: 03/17/2025)