Case: State of Texas v. Equal Employment Opportunity Commission

No Court

President Donald Trump

Emily Harbison, Cheryl Blount, Heather Raun

Nonnie L. Shivers

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

COMPLAINT against All Defendants filed by The Heritage Foundation, State of Texas. (Filing fee $405; Receipt number ATXNDC-14843641) 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. (Attachments: # 1 Exhibit(s)) (Walters, Ryan) (Entered: 08/15/2024)

1 Exhibit(s)

View on RECAP

Supplemental Document by State of Texas, The Heritage Foundation as to 1 Complaint,,,, Civil Cover Sheet. (Walters, Ryan) (Entered: 08/15/2024)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas, The Heritage Foundation. (Clerk QC note: No affiliate entered in ECF). (Walters, Ryan) (Entered: 08/15/2024)

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. (awc) (Entered: 08/16/2024)

Summons issued as to Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick Garland, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 08/16/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14846989) filed by The Heritage Foundation Attorney R Trent McCotter added to party The Heritage Foundation(pty:pla) (McCotter, R Trent) (Entered: 08/16/2024)

ORDER deferring ruling on 6 Application for Admission Pro Hac Vice: The Application is therefore DEFERRED for 14 days from the date of this Order soThe Heritage Foundation can comply with the Local Rules. (Ordered by Judge Matthew J. Kacsmaryk on 8/21/2024) (cmk) (Entered: 08/21/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by The Heritage Foundation (McCotter, R) (Entered: 08/27/2024)

ORDER terminating 6 ; granting 8 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 9/3/2024) (cmk) (Entered: 09/03/2024)

SUMMONS Returned Executed as to Charlotte A. Burrows ; served on 8/22/2024. (Walters, Ryan) (Entered: 09/06/2024)

SUMMONS Returned Executed as to Equal Employment Opportunity Commission ; served on 8/22/2024. (Walters, Ryan) (Entered: 09/06/2024)

SUMMONS Returned Executed as to Merrick Garland ; served on 8/22/2024. (Walters, Ryan) (Entered: 09/06/2024)

ORDER: Smith is therefore ORDERED either to submit an application for admission pro hac vice or to gain admission to practice in the Northern District of Texas within 21 days from the date of this Order. (Ordered by Judge Matthew J. Kacsmaryk on 9/17/2024) (nht) (Entered: 09/17/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14950687) filed by The Heritage Foundation (Attachments: # 1 Proposed Order) (Smith, Andrew) (Entered: 09/27/2024)

1 Proposed Order

View on RECAP

MOTION by all Parties to Stay Answer Deadline and for Entry of a Scheduling Order filed by State of Texas, The Heritage Foundation with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 09/27/2024)

1 Proposed Order

View on RECAP

NOTICE of Attorney Appearance by Allyson Scher on behalf of Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick Garland. (Filer confirms contact info in ECF is current.) (Scher, Allyson) (Entered: 09/30/2024)

NOTICE of Attorney Appearance by Jacob S Siler on behalf of Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick Garland. (Filer confirms contact info in ECF is current.) (Siler, Jacob) (Entered: 09/30/2024)

Certificate Regarding Judge-Specific Requirements. (Siler, Jacob) (Entered: 09/30/2024)

Certificate Regarding Judge-Specific Requirements. (Scher, Allyson) (Entered: 09/30/2024)

Certificate Regarding Judge-Specific Requirements. (McCotter, R) (Entered: 09/30/2024)

Certificate Regarding Judge-Specific Requirements. (Przada, Jacob) (Entered: 09/30/2024)

Certificate Regarding Judge-Specific Requirements. (Walters, Ryan) (Entered: 09/30/2024)

Certificate Regarding Judge-Specific Requirements. (Tebo, Kyle) (Entered: 09/30/2024)

ORDER granting 14 Application for Admission Pro Hac Vice of Andrew W Smith. 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 10/3/2024) (nht) (Entered: 10/03/2024)

SCHEDULING ORDER re: 15 Motion. (See Order for deadlines) (Ordered by Judge Matthew J. Kacsmaryk on 10/3/2024) (nht) (Entered: 10/03/2024)

Certificate Regarding Judge-Specific Requirements. (Smith, Andrew) (Entered: 10/07/2024)

Unopposed MOTION to Withdraw as Attorney Johnathan Stone filed by State of Texas (Attachments: # 1 Proposed Order) (Stone, Johnathan) (Entered: 10/11/2024)

1 Proposed Order

View on RECAP

ORDER granting 27 Motion to Withdraw as Attorney. Attorney Johnathan Stone terminated (Ordered by Judge Matthew J. Kacsmaryk on 10/15/2024) (nht) (Entered: 10/15/2024)

MOTION for Summary Judgment filed by State of Texas, The Heritage Foundation (Walters, Ryan) (Entered: 10/23/2024)

Brief/Memorandum in Support filed by State of Texas, The Heritage Foundation re 29 MOTION for Summary Judgment (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 10/23/2024)

1 Proposed Order

View on RECAP

Appendix in Support filed by State of Texas, The Heritage Foundation re 30 Brief/Memorandum in Support of Motion, 29 MOTION for Summary Judgment (Walters, Ryan) (Entered: 10/23/2024)

NOTICE of Attorney Appearance by Taisa M. Goodnature on behalf of Equal Employment Opportunity Commission, Charlotte A. Burrows, Merrick Garland. (Filer confirms contact info in ECF is current.) (Goodnature, Taisa) (Entered: 11/13/2024)

Certificate Regarding Judge-Specific Requirements. (Goodnature, Taisa) (Entered: 11/13/2024)

Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment filed by Equal Employment Opportunity Commission, Charlotte A. Burrows, Merrick Garland (Attachments: # 1 Proposed Order) (Siler, Jacob) (Entered: 11/13/2024)

1 Proposed Order

View on RECAP

Brief/Memorandum in Support filed by Equal Employment Opportunity Commission, Charlotte A. Burrows, Merrick Garland re 34 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (Siler, Jacob) (Entered: 11/13/2024)

Unopposed MOTION for Leave to File amicus brief in support of defendant EEOC filed by National Women's Law Center (Attachments: # 1 Exhibit(s) Proposed amicus brief). Party National Women's Law Center added.Attorney Elizabeth Theran added to party National Women's Law Center(pty:am) (Theran, Elizabeth) (Entered: 11/20/2024)

1 Exhibit(s) Proposed amicus brief

View on PACER

Certificate Regarding Judge-Specific Requirements. (Theran, Elizabeth) (Entered: 11/20/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15076662) filed by National Women's Law Center (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Theran, Elizabeth) (Entered: 11/20/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15076543) filed by National Women's Law Center (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Sandson, Katherine) (Entered: 11/20/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15077143) filed by National Women's Law Center (Smith, Rachel) (Entered: 11/20/2024)

Unopposed MOTION for Leave to File amicus brief and to proceed without local counsel filed by Small Business Majority, Main Street Alliance, American Sustainable Business Council (Attachments: # 1 Exhibit(s) Proposed Amicus Brief). Party Small Business Majority, Main Street Alliance, and American Sustainable Business Council added.Attorney Sarah Goetz added to party Small Business Majority(pty:am), Attorney Sarah Goetz added to party Main Street Alliance(pty:am), Attorney Sarah Goetz added to party American Sustainable Business Council(pty:am) (Goetz, Sarah) (Entered: 11/20/2024)

1 Exhibit(s) Proposed Amicus Brief

View on PACER

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15078610) filed by Small Business Majority, Main Street Alliance, American Sustainable Business Council (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Goetz, Sarah) (Entered: 11/20/2024)

Certificate Regarding Judge-Specific Requirements. (Goetz, Sarah) (Entered: 11/20/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15080565) filed by Small Business Majority, Main Street Alliance, American Sustainable Business Council Attorney Sunu Chandy added to party Small Business Majority(pty:am), Attorney Sunu Chandy added to party Main Street Alliance(pty:am), Attorney Sunu Chandy added to party American Sustainable Business Council(pty:am) (Chandy, Sunu) (Entered: 11/21/2024)

ORDER granting 36 Motion for Leave to File; granting 41 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 38 Application for Admission Pro Hac Vice; granting 39 Application for Admission Pro Hac Vice; granting 40 Application for Admission Pro Hac Vice; granting 42 Application for Admission Pro Hac Vice; granting 44 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 11/26/2024) (cmk) (Entered: 11/26/2024)

AMICUS BRIEF/Memorandum in Support filed by National Women's Law Center re 34 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (cmk) (Entered: 11/26/2024)

AMICUS BRIEF/Memorandum in Support filed by Small Business Majority, Main Street Alliance, American Sustainable Business Council re 34 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (cmk) (Entered: 11/26/2024)

REPLY in Support filed by State of Texas, The Heritage Foundation re 30 Brief/Memorandum in Support of Motion, 31 Appendix in Support, 34 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment, 35 Brief/Memorandum in Support of Motion, 29 MOTION for Summary Judgment (Walters, Ryan) Modified docket text on 12/5/2024 (cmk). (Entered: 12/04/2024)

MOTION for Extension of Time to File Response/Reply to 48 Brief/Memorandum in Support of Motion, filed by Equal Employment Opportunity Commission, Charlotte A. Burrows, Merrick Garland (Attachments: # 1 Proposed Order) (Siler, Jacob) (Entered: 12/11/2024)

ORDER granting 49 Motion to Extend Time to File Reply: Accordingly, the Court hereby GRANTS Defendants' Motion and ORDERS Defendants to file their reply no later than Friday, January 10, 2025, at 5:00 p.m. (Ordered by Judge Matthew J. Kacsmaryk on 12/26/2024) (cmk) (Entered: 12/26/2024)

REPLY filed by Equal Employment Opportunity Commission, Charlotte A. Burrows, Merrick Garland re: 34 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (Siler, Jacob) (Entered: 01/10/2025)

ORDER: The Court ORDERS the parties to submit a joint brief detailing how this executive order bears on the disposition of this litigation. The joint brief must be submitted on or before Monday, February 10, 2025. (Ordered by Judge Matthew J. Kacsmaryk on 1/27/2025) (nht)

NOTICE of Joint Brief on Effect of Recent Executive Order re: [52] Order Setting Deadline/Hearing, filed by State of Texas, The Heritage Foundation (Attachments: # (1) Exhibit(s)) (Walters, Ryan)

1 Exhibit(s)

View on Clearinghouse

MOTION to Withdraw as Attorney filed by Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick Garland (Attachments: # (1) Proposed Order) (Goodnature, Taisa)

1 Proposed Order

View on RECAP

ORDER: the Court ORDERS that Merrick Garland, former Attorney General of the United States, be terminated as a party and that Pamela Bondi, current Attorney General of the United States, be substituted. (Ordered by Judge Matthew J. Kacsmaryk on 3/3/2025) (ars)

ORDER GRANTING re: [54] Motion to Withdraw as Attorney. Attorney Taisa M. Goodnature terminated. (Ordered by Judge Matthew J. Kacsmaryk on 3/3/2025) (ars)

Order on Motion to Withdraw as Attorney