Case: Kansas v. United States Department of Education

State of Kansas v. United States Department of Education

State of Kansas v. United States Department of Education

State of Kansas v. United States Department of Education

State of Kansas v. United States Department of Education

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT with trial location of Topeka (Filing fee $405, Internet Payment Receipt Number AKSDC-6347300.), filed by Kansas, State of, Alaska, State of, Utah, State of, Wyoming, State of, Shawna Rowland, Moms for Liberty, Young America's Foundation and Female Athletes United. (Attachments: # 1 Table of Exhibits, # 2 Exhibit 1 - Final Rule, # 3 Exhibit 2 - Ohio Comment Letter, # 4 Exhibit 3 - Tennessee Comment Letter, # 5 Exhibit 4 - ADF Comment Letter re: Lack of Legal Authority, # 6 Exhibit 5 - ADF Comment Letter re: Freedom of Speech & Religion, # 7 Exhibit 6 - ADF Comment Letter re: Female Athletics, # 8 Exhibit 7 - SLF Comment Letter, # 9 Exhibit 8 - MSLF Comment Letter) (Gaide, Erin) (Entered: 05/14/2024)

1 Exhibit List Table of Exhibits

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2 Exhibit 1 - Final Rule

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3 Exhibit 2 - Ohio Comment Letter

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4 Exhibit 3 - Tennessee Comment Letter

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5 Exhibit 4 - ADF Comment Letter re: Lack of Legal Authority

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6 Exhibit 5 - ADF Comment Letter re: Freedom of Speech & Religion

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7 Exhibit 6 - ADF Comment Letter re: Female Athletics

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8 Exhibit 7 - SLF Comment Letter

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9 Exhibit 8 - MSLF Comment Letter

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Notice of Judge Assignment

CIVIL COVER SHEET by Plaintiffs Kansas, State of, Alaska, State of, Utah, State of, Wyoming, State of, Shawna Rowland, Moms for Liberty, Young America's Foundation and Female Athletes United. (Gaide, Erin) (Entered: 05/14/2024)

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh)

Summons Issued as to USA

Summons Issued as to Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice; to the U.S. Attorney (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (jk)

MOTION for attorney Jonathan A. Scruggs to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6348699.) by Plaintiffs Female Athletes United, Shawna Rowland. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Affidavit to Motion for Pro Hac Vice Admission of Jonathan Scruggs, # 2 ECF Registration Form for Jonathan Scruggs)(Langhofer, Tyson) (Entered: 05/15/2024)

MOTION for attorney Henry W. Frampton, IV to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number CKSDC-6348717.) by Plaintiffs Female Athletes United, Shawna Rowland. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Affidavit to Motion for Pro Hac Vice Admission for Henry Frampton, # 2 ECF Registration Form for Henry Frampton)(Langhofer, Tyson) (Entered: 05/15/2024)

MOTION for attorney Natalie D. Thompson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6348733.) by Plaintiffs Female Athletes United, Shawna Rowland. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Affidavit to Motion for Pro Hac Vice Admission for N. Thompson, # 2 ECF Registration Form for Natalie Thompson)(Langhofer, Tyson) (Entered: 05/15/2024)

ORDER granting 3 Motion to Appear Pro Hac Vice of Jonathan A. Scruggs for Female Athletes United and Shawna Rowland pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/16/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/16/2024)

Order on Motion to Appear Pro Hac Vice

ORDER granting 4 Motion to Appear Pro Hac Vice of Henry W. Frampton, IV for Female Athletes United and Shawna Rowland pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/16/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/16/2024)

ORDER granting 5 Motion to Appear Pro Hac Vice of Natalie D. Thompson for Female Athletes United and Shawna Rowland pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/16/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/16/2024)

MOTION for attorney Rachel A. Rouleau to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6349478.) by Plaintiffs Female Athletes United, Shawna Rowland. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Affidavit to Motion for Pro Hac Vice Admission for R. Rouleau, # 2 ECF Registration Form for Rachel Rouleau)(Langhofer, Tyson) (Entered: 05/16/2024)

ORDER granting 9 Motion to Appear Pro Hac Vice of Rachel A. Rouleau for Female Athletes United and Shawna Rowland pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/17/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/17/2024)

Order on Motion to Appear Pro Hac Vice

SUMMONS RETURNED EXECUTED -- Personal Service by Kansas, State of upon United States Department of Justice served on 5/17/2024, answer due 6/7/2024. (Kambli, Abhishek) (Entered: 05/20/2024)

SUMMONS RETURNED EXECUTED -- Personal Service by Kansas, State of upon Miguel Cardona served on 5/17/2024, answer due 6/7/2024. (Kambli, Abhishek) (Entered: 05/20/2024)

SUMMONS RETURNED EXECUTED -- Personal Service by Kansas, State of upon Merrick Garland served on 5/17/2024, answer due 6/7/2024. (Kambli, Abhishek) (Entered: 05/20/2024)

SUMMONS RETURNED EXECUTED -- Personal Service by Kansas, State of upon United States Department of Education served on 5/17/2024, answer due 6/7/2024. (Kambli, Abhishek) (Entered: 05/20/2024)

MOTION for Leave to File Excess Pages by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Gaide, Erin) (Entered: 05/21/2024)

Order on Motion for Leave to File Excess Pages

MOTION for attorney Kimberly Hermann to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6352391.) by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Kambli, Abhishek) (Entered: 05/21/2024)

MOTION for attorney Jordan Miller to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6352405.) by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Kambli, Abhishek) (Entered: 05/21/2024)

MOTION for attorney Braden Boucek to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6352408.) by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Kambli, Abhishek) (Entered: 05/21/2024)

CERTIFICATE OF SERVICE by Kansas, State of re 15 Motion for Leave to File Excess Pages. (Gaide, Erin) (Entered: 05/21/2024)

ORDER granting 15 Motion for Leave to File Excess Pages. Entered by District Judge John W. Broomes on 05/21/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 05/21/2024)

ORDER granting 16 Motion to Appear Pro Hac Vice of Kimberly S. Hermann for Kansas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/23/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/23/2024)

Order on Motion to Appear Pro Hac Vice

ORDER granting 17 Motion to Appear Pro Hac Vice of Jordan Rand Miller for Kansas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/23/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/23/2024)

ORDER granting 18 Motion to Appear Pro Hac Vice of Braden H. Boucek for Kansas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/23/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/23/2024)

MOTION for a Stay / Preliminary Injunction by Plaintiffs Kansas, State of, Alaska, State of, Utah, State of, Wyoming, State of, Shawna Rowland, Moms for Liberty, Young America's Foundation and Female Athletes United. (Kambli, Abhishek) (Entered: 05/24/2024)

MEMORANDUM IN SUPPORT of 24 Motion for a Stay / Preliminary Injunction by Plaintiffs Kansas, State of, Alaska, State of, Utah, State of, Wyoming, State of, Shawna Rowland, Moms for Liberty, Young America's Foundation and Female Athletes United. (Attachments: # 1 Exhibit List Table of Exhibits, # 2 Ex 1 - Declaration of Amy Cawvey, # 3 Ex 2 - Declaration of Jennie Earl, # 4 Ex 3 - Declaration of K.R., # 5 Ex 4 - Declaration of Kristi Burton Brown, # 6 Ex 5 - Declaration of A.B.S., # 7 Ex 6 - Declaration of A.R.S., # 8 Ex 7 - Declaration of T.P., # 9 Ex 8 - Declaration of Elizabeth Zwahlen, # 10 Ex 9 - Declaration of Rachel Flynn, # 11 Ex 10 - Declaration of Thomas Adcock, # 12 Ex 11 - Declaration of Merianne Jensen, # 13 Ex 12 - Declaration of Rebekah Zoznek, # 14 Ex 13 - Declaration of Kailee Verdeyen, # 15 Ex 14 - Declaration of Tricia Plank, # 16 Ex 15 - Declaration of Deborah Lochner, # 17 Ex 16 - Declaration of T.Z.)(Kambli, Abhishek) (Entered: 05/24/2024)

1 Exhibit List Table of Exhibits

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2 Ex 1 - Declaration of Amy Cawvey

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3 Ex 2 - Declaration of Jennie Earl

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4 Ex 3 - Declaration of K.R.

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5 Ex 4 - Declaration of Kristi Burton Brown

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6 Ex 5 - Declaration of A.B.S.

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7 Ex 6 - Declaration of A.R.S.

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8 Ex 7 - Declaration of T.P.

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9 Ex 8 - Declaration of Elizabeth Zwahlen

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10 Ex 9 - Declaration of Rachel Flynn

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11 Ex 10 - Declaration of Thomas Adcock

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12 Ex 11 - Declaration of Merianne Jensen

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13 Ex 12 - Declaration of Rebekah Zoznek

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14 Ex 13 - Declaration of Kailee Verdeyen

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15 Ex 14 - Declaration of Tricia Plank

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16 Ex 15 - Declaration of Deborah Lochner

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17 Ex 16 - Declaration of T.Z.

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MOTION for attorney Ryan Schellhaas to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6357284.) by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Gaide, Erin) (Entered: 05/28/2024)

MOTION for attorney James Luke Kerwin to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6357299.) by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Gaide, Erin) (Entered: 05/28/2024)

MOTION for attorney William E. Trachman to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6357306.) by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Gaide, Erin) (Entered: 05/28/2024)

ORDER granting 26 Motion to Appear Pro Hac Vice of Ryan Schelhaas for Kansas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/29/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/29/2024)

Order on Motion to Appear Pro Hac Vice

ORDER granting 27 Motion to Appear Pro Hac Vice of James L. Kerwin for Kansas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/29/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/29/2024)

ENTRY OF APPEARANCE by Rebecca Kopplin on behalf of Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice. (Kopplin, Rebecca) (Entered: 05/29/2024)

JOINT MOTION to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Relief and Notice of Availability for Hearing (Doc. 24 ) by Plaintiff Kansas, State of. (Gaide, Erin) (Entered: 05/29/2024)

Motions No Longer Referred

Notice of Hearing

MOTION REFERRAL to Magistrate Judge REMOVED as to: 32 Joint MOTION to Set Briefing Schedule on Pltf Mot for Prelim Relief & Not of Availability for Hearing. The motion will be resolved by the District Judge.(alh)

ORDER re 32 the parties' joint motion to set briefing schedule and hearing on Plaintiffs' motion for a stay/preliminary injunction (Doc. 24 ). The parties request the court set deadlines for briefing; the requested briefing deadlines are granted. Defendants are to file a response to the motion (Doc. 24 ) by 11:59 p.m. on 6/13/2024 and are limited to 55 pages. Plaintiffs may file a reply brief by 11:59 a.m. on 6/19/2024 and are limited to 35 pages. The court sets this matter for hearing on 6/20/2024 at 09:00 AM in Wichita Courtroom 238 (JWB). Further, the court directs counsel to confer with one another and file a joint status report on or before noon CDT on 6/7/2024. Although Plaintiffs request a decision by 7/1/2024, the court declines to affirmatively indicate a date by which a decision will be issued. The court is aware of the time sensitive nature of the motion. Signed by District Judge John W. Broomes on 5/30/2024. (mam) (Entered: 05/30/2024)

NOTICE of Hearing re 33 Order: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Case Management Conference set for 6/10/2024 at 01:30 PM before District Judge John W. Broomes by phone (JWB - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 4983860). The court will discuss the joint status report with counsel for the parties, attempt to resolve any disputes presented therein regarding case management and scheduling, and set any additional deadlines that may be appropriate. Counsel may appear for the conference in person at the Wichita Courthouse, Room 238, or by telephone. The parties and party representatives need not attend; however, lead counsel for each side must have the authority to make decisions regarding the need for, and scheduling of, any additional deadlines and events in the case. At or before the time the joint status report is filed, lead counsel for each side shall inform the court by email to chambers at KSD_Broomes_Chambers@ksd.uscourts.gov, regarding who will appear in person and who will appear by phone for the case management conference. To the extent the parties agree on the need for additional scheduling in this case, they may submit a proposed additional scheduling order to chambers email at any time prior to the case management conference. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam) (Entered: 05/30/2024)

ORDER denying without prejudice 28 Motion for attorney William E. Trachman to appear pro hac vice. The court reached out to Mr. Trachman and advised him on the appropriate actions to take in correcting the affidavit and ECF registration form on 5/29/2024. To date Mr. Trachman has not submitted the corrected forms. For these reasons this motion is denied without prejudice. Signed by Magistrate Judge Angel D. Mitchell on 5/31/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/31/2024)

Order on Motion to Appear Pro Hac Vice

JOINT STATUS REPORT by Kansas, State of. (Kambli, Abhishek) (Entered: 06/07/2024)

MINUTE ENTRY for proceedings held before District Judge John W. Broomes: STATUS CONFERENCE held on 6/10/2024. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 06/10/2024)

Status Conference

OPPOSITION by Defendants Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice re 24 Motion for a Stay / Preliminary Injunction. (Kopplin, Rebecca) (Entered: 06/13/2024)

ENTRY OF APPEARANCE by Kris W. Kobach on behalf of Kansas, State of. (Kobach, Kris) (Entered: 06/17/2024)

MOTION for attorney Lauren E. Van Driesen to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6385447.) by Office of the Attorney General for the State of New Jersey. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Zavadil, Jason) (Entered: 06/18/2024)

Order on Motion to Appear Pro Hac Vice

Motions No Longer Referred

MOTION for Leave to Appear and File a Brief as Amici Curiae in Support of 38 Defendants' Opposition to 24 Plaintiffs' Motion for a Stay and/or Preliminary Injunction by Movant Office of the Attorney General. (Attachments: # 1 Exhibit Brief of Amici Curiae)(Zavadil, Jason) (Entered: 06/18/2024)

1 Exhibit Brief of Amici Curiae

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MOTION REFERRAL to Magistrate Judge REMOVED as to: 41 MOTION for Leave to file TO APPEAR AND FILE A BRIEF AS AMICI CURIAE IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR A STAY AND/OR PRELIMINARY INJUNCTION . The motion will be resolved by the District Judge.(alh)

ORDER granting 40 Motion to Appear Pro Hac Vice of Lauren E. Van Driesen for Office of the Attorney General for the State of New Jersey pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 6/18/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 06/18/2024)

REPLY TO RESPONSE TO MOTION by Plaintiff Kansas, State of re 24 Motion for a Stay / Preliminary Injunction. (Attachments: # 1 Table of Exhibits, # 2 Ex. 1 - Louisiana v. Department of Education Order, # 3 Ex. 2 - Texas v. Cardona Order, # 4 Ex. 3 - Tennessee v. Cardona Order, # 5 Ex. 4 - KASB Policies and Forms, # 6 Ex. 5 - Declaration of Tiffany Justice, # 7 Ex. 6 - Declaration of Madison Hahn, # 8 Ex. 7 - Declaration of KBB, # 9 Ex. 8 - Declaration of Megan Degenfelder)(Kambli, Abhishek) (Entered: 06/19/2024)

1 Table of Exhibits

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2 Ex. 1 - Louisiana v. Department of Education Order

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3 Ex. 2 - Texas v. Cardona Order

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4 Ex. 3 - Tennessee v. Cardona Order

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5 Ex. 4 - KASB Policies and Forms

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6 Ex. 5 - Declaration of Tiffany Justice

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7 Ex. 6 - Declaration of Madison Hahn

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8 Ex. 7 - Declaration of KBB

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9 Ex. 8 - Declaration of Megan Degenfelder

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MINUTE ENTRY for proceedings held before District Judge John W. Broomes: MOTION HEARING held on 6/20/2024 re 24 MOTION for Preliminary Injunction MOTION to Stay Case filed by Kansas, State of. MATTER TAKEN UNDER ADVISEMENT. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 06/20/2024)

Motion Hearing AND Order on Motion for Preliminary Injunction AND Order on Motion to Stay Case

SUPPLEMENTAL MEMORANDUM IN SUPPORT of 24 Motion for a Stay / Preliminary Injunction by Plaintiff Kansas, State of. (Kambli, Abhishek) (Entered: 06/20/2024)

ORDER granting 41 Motion for Leave to File. Entered by District Judge John W. Broomes on 06/21/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 06/21/2024)

Order on Motion for Leave to File

SUPPLEMENTAL BRIEF IN OPPOSITION to 24 Motion for a Stay / Preliminary Injunction by Defendants Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice. (Kopplin, Rebecca) Modified on 7/15/2024 to re-link. (mam) (Entered: 06/24/2024)

MOTION for attorney Lance Sorenson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6394456.) by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Gaide, Erin) (Entered: 06/25/2024)

MOTION for attorney William Trachman to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6395756.) by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell) (Gaide, Erin) (Entered: 06/26/2024)

Order on Motion to Appear Pro Hac Vice

ORDER granting 48 Motion to Appear Pro Hac Vice of Lance F. Sorenson for Kansas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 6/26/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 06/26/2024)

ORDER granting 49 Motion to Appear Pro Hac Vice of William E. Trachman for Kansas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 6/26/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 06/26/2024)

TRANSCRIPT of Other Hearing held June 20, 2024 before Judge John W. Broomes, Court Reporter Jana McKinney, 316-315-4268, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Ms. Rebecca Kopplin. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. Release of Transcript Restriction set for 9/30/2024. (jlm) (Entered: 07/02/2024)

MEMORANDUM AND ORDER granting 24 Motion for Stay/Preliminary Injunction. Signed by District Judge John W. Broomes on 7/2/2024. (kas) (Entered: 07/02/2024)

PRELIMINARY INJUNCTION. Signed by District Judge John W. Broomes on 7/2/2024. (kas) (Entered: 07/02/2024)

UNOPPOSED MOTION for Extension of Time to File Answer re 1 Complaint by Defendants Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Kopplin, Rebecca) (Additional attachment added on 7/9/2024: # 1 Correct Motion) (msb) (Entered: 07/08/2024)

DOCKET ANNOTATION: Please be advised that the incorrect document was erroneously attached at time of filing in entry 55 Unopposed Motion for Extension of Time to File Answer to 1 Complaint. The correct document is now attached to docket entry 55 and to this entry for noticing purposes only. (msb) (Entered: 07/09/2024)

Order on Motion for Extension of Time to Answer

ORDER granting 55 Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint. Defendants Miguel Cardona, Merrick Garland, United States Department of Education, and United States Department of Justice must answer or otherwise respond to the complaint by August 5, 2024. Signed by Magistrate Judge Angel D. Mitchell on 7/9/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 07/09/2024)

NOTICE OF INTERLOCUTORY APPEAL as to 53 Memorandum and Order, 54 Preliminary Injunction by Defendants Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice. (Kopplin, Rebecca) (Entered: 07/10/2024)

MOTION for a Partial Stay Pending Appeal re 53 Memorandum and Order, 54 Preliminary Injunction by Defendants Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice. (Kopplin, Rebecca) (Entered: 07/10/2024)

Motions No Longer Referred

Appeal Filing Fee Waived/Not Paid

MOTION REFERRAL to Magistrate Judge REMOVED as to: 59 MOTION Partial Stay of Preliminary Injunction Pending Appeal re 54 Preliminary Injunction, 53 Order on Motion for Preliminary Injunction, Order on Motion to Stay Case . The motion will be resolved by the District Judge.(alh)

APPEAL FEE STATUS: filing fee waived re: 58 Notice of Interlocutory Appeal on behalf of Defendants Miguel Cardona, Merrick Garland, United States Department of Education, and United States Department of Justice. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kas)

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 58 Notice of Interlocutory Appeal. (Attachments: # 1 Preliminary Packet)(kas) (Entered: 07/11/2024)

1 Preliminary Packet

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APPEAL DOCKETED in 10CCA on 7/11/2024 and assigned Appeal No. 24-3097 re 58 Notice of Interlocutory Appeal, filed by Merrick Garland, United States Department of Justice, Miguel Cardona, United States Department of Education. (kas) (Entered: 07/11/2024)

MOTION to Revise Stay/Preliminary Injunction Order by Plaintiff Moms for Liberty. (Attachments: # 1 Exhibit Declaration of Tiffany Justice, # 2 List of Counties)(Gaide, Erin) (Entered: 07/12/2024)

1 Exhibit Declaration of Tiffany Justice

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2 List of Counties

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Motions No Longer Referred

MOTION REFERRAL to Magistrate Judge REMOVED as to: 62 MOTION to Modify . The motion will be resolved by the District Judge.(alh)

OPPOSITION by Plaintiffs Alaska, State of, Female Athletes United, Kansas, State of, Moms for Liberty, Shawna Rowland, Utah, State of, Wyoming, State of, Young America's Foundation re 59 Motion for a Partial Stay Pending Appeal. (Attachments: # 1 Table of Exhibits, # 2 Exhibit Exhibit 1 - Louisiana v. U.S. Dep't of Educ., Case No. 3:24-CV-00563 (W.D. La. July 11, 2024), # 3 Exhibit Exhibit 2 - Tennessee v. U.S. Dep't of Educ., Case No. 2:24-cv-00072-DCR-CJS (E.D. Ky. July 10, 2024))(Gaide, Erin) (Entered: 07/12/2024)

1 Table of Exhibits

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2 Exhibit Exhibit 1 - Louisiana v. U.S. Dep't of Educ., Case No. 3:24-CV-0056

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3 Exhibit Exhibit 2 - Tennessee v. U.S. Dep't of Educ., Case No. 2:24-cv-0007

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OPPOSITION by Defendants Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice re 62 Motion to Revise Stay/Preliminary Injunction Order. (Attachments: # 1 Ex. A)(Kopplin, Rebecca) (Entered: 07/14/2024)

1 Ex. A

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REPLY TO RESPONSE TO MOTION by Defendants Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice re 59 Motion for Partial Stay Pending Appeal. (Kopplin, Rebecca) (Entered: 07/15/2024)

TRANSCRIPT ORDER FORM: Transcript Already on File filed by Miguel Cardona, Merrick Garland, United States Department of Education, United States Department of Justice re 58 Notice of Interlocutory Appeal. (Kopplin, Rebecca) (Entered: 07/15/2024)

NOTICE of Organizational Plaintiff Schools by Kansas, State of re 54 Preliminary Injunction, 53 Order on Motion for Preliminary Injunction, Order on Motion to Stay Case (Attachments: # 1 Exhibit List of Schools K-12, # 2 Exhibit List of Colleges and Universities)(Gaide, Erin) (Entered: 07/15/2024)

1 Exhibit List of Schools K-12

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2 Exhibit List of Colleges and Universities

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LETTER TO 10CCA stating record is complete re 58 Notice of Interlocutory Appeal. (Appeal No. 24-3097) (kas) (Entered: 07/16/2024)

MOTION for Leave to File A Supplemental Brief as Amici Curiae in Support of Defendants' Opposition to Plaintiff Moms for Liberty's Motion to Revise Preliminary Injunction by Movant New Jersey, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Exhibit Proposed Supplemental Brief of Amicus Cuaie)(Zavadil, Jason) (Entered: 07/19/2024)

1 Exhibit Proposed Supplemental Brief of Amicus Cuaie

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Order on Motion to File Amicus Brief

MEMORANDUM AND ORDER denying for lack of jurisdiction 59 Motion for a Partial Stay; and denying for lack of jurisdiction 62 Motion to Revise Stay/Preliminary Injunction Order. Moms for Liberty is granted until July 26, 2024 to file a notice of schools attended by its members' children. Signed by District Judge John W. Broomes on 7/19/2024. (kas) (Entered: 07/19/2024)

ORDER denying as moot 69 Motion to File Amicus Brief. Entered by District Judge John W. Broomes on 07/19/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 07/19/2024)

NOTICE of List of Schools by Moms for Liberty re 53 and 70 Memorandums and Orders, 54 Preliminary Injunction. (Attachments: # 1 Exhibit A - Moms for Liberty Initial List of K-12 Schools) (Gaide, Erin) (Entered: 07/26/2024)

1 Exhibit Ex. A - Moms for Liberty Initial List of K-12 Schools

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