Case: Carroll Independent School District v. United States Department of Education

4:24-cv-00461 | U.S. District Court for the Northern District of Texas

Filed Date: May 21, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 19, 2024, the Biden administration announced its final rule interpreting Title IX, to go into effect on August 1, 2024. The Final Rule gave LGBTQ+ students and others explicit protection from sex discrimination “based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” In response, several states and school districts directed their schools not to comply with the federal interpretation of Title IX, and sued various members …

On April 19, 2024, the Biden administration announced its final rule interpreting Title IX, to go into effect on August 1, 2024. The Final Rule gave LGBTQ+ students and others explicit protection from sex discrimination “based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” In response, several states and school districts directed their schools not to comply with the federal interpretation of Title IX, and sued various members and departments in the Biden administration.

In this case, on May 21, 2024, Carroll Independent School District, which is in Southlake, Texas, filed a lawsuit in the U.S. District Court for the Northern District of Texas against the U.S. Department of Education, the U.S. Secretary of Education, the U.S. Assistant Secretary of Civil Rights, the U.S. Department of Justice, the U.S. Attorney General, and the U.S. Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice. Represented by private counsel and the Alliance Defending Freedom, Carroll ISD sued under the Administrative Procedure Act, alleging that the Department of Education's Final Rule banning gender identity discrimination (89 Fed. Reg. 33,474) contravened Title IX's language, exceeded federal power, and was arbitrary and capricious. The District also challenged a related interpretive Fact Sheet issued by the Department as arbitrary and capricious and contrary to Title IX. Finally, the District argued that the Final Rule's definition of "sex-based harassment" violated the First Amendment by penalizing and chilling speech. The District sought declaratory relief, preliminary and permanent injunctions, and attorneys' fees.

On July 11, 2024, Judge Reed O'Connor granted in part and deferred in part the plaintiff's motion for a preliminary injunction. The court found the District substantially likely to succeed on its claim that the Final Rule circumvented the statutory language of Title IX because Title IX's "on the basis of sex" language does not allow the government to bar discrimination based on gender identity. Further, the court held that the New Rule likely violated Title IX by discriminating in favor of transgender students. The court also held that the District would likely suffer irreparable harm in the form of compliance costs if the injunction was not granted. Therefore, the court enjoined the enforcement of the Final Rule against the District. However, the court deferred ruling on the District's request to stay the effective date of the Final Rule to prevent it from coming into effect. 2024 WL 3381901. Later that month, on July 31, the court denied the request for a stay of the effective date because the injunction provided adequate relief.

The plaintiffs moved for summary judgment on August 16, 2024; the defendants cross-moved for summary judgment a few weeks later, on September 6.

On September 6, 2024, the defendants appealed the court's ruling on the injunction to the United States Court of Appeals for the Fifth Circuit (case Number 24-10824). On October 24, 2024, the Fifth Circuit stayed the appeal to wait for the outcome of a similar challenge to the Final Rule, Louisiana v. U.S. Department of Education, which was also pending in the Fifth Circuit. As of November 24, 2024, the appeal remains stayed.

Summary Authors

Ted Molina (10/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68550782/parties/carroll-independent-school-district-v-united-states-department-of/


Judge(s)
Attorney for Plaintiff

Allman, Allison (Texas)

Davis, Timothy C (Texas)

Attorney for Defendant

Gheibi, Pardis (Texas)

Expert/Monitor/Master/Other

Elias, Nimrod Pitsker (Texas)

Freeman, Scott Day (Texas)

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Documents in the Clearinghouse

Document
1

4:24-cv-00461

Complaint

May 21, 2024

May 21, 2024

Complaint
43

4:24-cv-00461

Memorandum Opinion and Order

July 11, 2024

July 11, 2024

Order/Opinion

2024 WL 3381901

55

4:24-cv-00461

Order

July 31, 2024

July 31, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68550782/carroll-independent-school-district-v-united-states-department-of/

Last updated Nov. 24, 2024, 4:04 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Carroll Independent School District. (Filing fee $405; Receipt number ATXNDC-14634899) 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) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C) (Davis, Timothy) (Entered: 05/21/2024)

1 Exhibit(s) Exhibit A

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2 Exhibit(s) Exhibit B

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3 Exhibit(s) Exhibit C

View on PACER

May 21, 2024

May 21, 2024

Clearinghouse

Order on Application for Admission Pro Hac Vice

May 21, 2024

May 21, 2024

PACER
2

NOTICE of Civil Cover Sheet re: 1 Complaint,,,,, filed by Carroll Independent School District (Davis, Timothy) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

RECAP
3

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Carroll Independent School District. (Clerk QC note: No affiliate entered in ECF). (Davis, Timothy) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
4

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14635282) filed by Carroll Independent School District (Attachments: # 1 Proposed Order) (Langhofer, Tyson) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
5

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14635518) filed by Carroll Independent School District (Attachments: # 1 Proposed Order) (Hoffmann, Mathew) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
6

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14635627) filed by Carroll Independent School District (Attachments: # 1 Proposed Order) (Scruggs, Jonathan) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
7

ORDER: the Court ORDERS Plaintiff to confer with Defendants and agree on a briefing schedule for the impending motion. The parties are to file a joint notice outlining the agreed briefing schedule no later than May 31, 2024. The Court DIRECTS Plaintiff to send this order to Defendants no later than May 24, 2024. (Ordered by Judge Reed C. O'Connor on 5/21/2024) (wxc) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

RECAP
8

ELECTRONIC ORDER granting 4 Application for Admission Pro Hac Vice of Tyson Langhofer. 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 Reed C. O'Connor on 5/21/2024) (chmb) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
9

ELECTRONIC ORDER granting 5 Application for Admission Pro Hac Vice of Mathew Hoffmann. 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 Reed C. O'Connor on 5/21/2024) (chmb) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
10

ELECTRONIC ORDER granting 6 Application for Admission Pro Hac Vice of Jonathan Scruggs. 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 Reed C. O'Connor on 5/21/2024) (chmb) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
12

New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) (Entered: 05/22/2024)

May 21, 2024

May 21, 2024

PACER
11

Summons Issued as to All Defendants. (wxc) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER
13

***INCORRECT ENTRY PER FILER - SEE DOC 14 FOR CORRECTED VERSION*** AFFIDAVIT of Service for ECF Nos. 1-12 served on United States of America, United States Department of Education, Miguel Cardona, Catherine E. Lhamon, United States Department of Justice, Merrick B. Garland, Kristen Clarke on May 22, 2024. (Hoffmann, Mathew) Modified TEXT on 5/24/2024 (mmw). (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER
14

CORRECTED AFFIDAVIT of Service for ECF Nos. 1-12 served on United States of America, United States Department of Education, Miguel Cardona, Catherine E. Lhamon, United States Department of Justice, Merrick B. Garland, Kristen Clarke on May 22, 2024. (Hoffmann, Mathew) Modified on 5/24/2024 (mmw). (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER
15

MOTION for Injunction (), MOTION to delay the effective date filed by Carroll Independent School District (Attachments: # 1 Proposed Order) (Thompson, Natalie) (Entered: 05/30/2024)

1 Proposed Order

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May 30, 2024

May 30, 2024

PACER
16

Brief/Memorandum in Support filed by Carroll Independent School District re 15 MOTION for Injunction MOTION to delay the effective date (Thompson, Natalie) (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

RECAP
17

Appendix in Support filed by Carroll Independent School District re 16 Brief/Memorandum in Support of Motion, 15 MOTION for Injunction MOTION to delay the effective date (Thompson, Natalie) (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

PACER
18

NOTICE of Parties' briefing schedule for motion to delay effective date and for preliminary injunction re: 7 Order, filed by Carroll Independent School District (Thompson, Natalie) (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

PACER
19

ORDER: After due consideration, the Court finds the parties proposed schedule to be appropriate for this case and ORDERS as follows: Responses due by 6/20/2024. Replies due by 7/5/2024. (Ordered by Judge Reed C. O'Connor on 5/31/2024) (chmb) (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

PACER
20

NOTICE of Attorney Appearance by Elizabeth Tulis on behalf of Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Tulis, Elizabeth) (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

PACER
21

NOTICE of Filing of Motion to Consolidate filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice (Attachments: # 1 Exhibit(s) - Motion to Consolidate Cases) (Tulis, Elizabeth) (Entered: 05/31/2024)

1 Exhibit(s) - Motion to Consolidate Cases

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May 31, 2024

May 31, 2024

PACER
22

NOTICE of Filing Opposition to Defendants' Motion to Consolidate re: 21 Notice (Other), filed by Carroll Independent School District (Attachments: # 1 Carroll ISD's Response in Opposition to Defendants' Motion to Consolidate and Proposed Order) (Thompson, Natalie) (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

PACER
23

NOTICE of Order Denying Consolidation re: 22 Notice (Other), 21 Notice (Other), filed by Carroll Independent School District (Attachments: # 1 Exhibit(s) Order Denying Consolidation) (Thompson, Natalie) (Entered: 06/10/2024)

1 Exhibit(s) Order Denying Consolidation

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June 10, 2024

June 10, 2024

PACER
24

Unopposed MOTION for Leave to File Without Local Counsel filed by State of California with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order). Party State of California added.Attorney Nimrod Pitsker Elias added to party State of California(pty:am) (Elias, Nimrod) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

PACER
25

ORDER: Before the Court is California, New Jersey, and Pennsylvania's (Proposed Amici States) Unopposed 24 Motion for Leave to Appear Without Local Counsel. The Court exercises its discretion to GRANT leave to file the amicus curiae brief. (Ordered by Judge Reed C. O'Connor on 6/13/2024) (mmw) (Entered: 06/13/2024)

June 13, 2024

June 13, 2024

PACER
26

MOTION for Leave to File Excess Pages (Motion for Leave To Exceed Page Limit) filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice (Attachments: # 1 Proposed Order) (Tulis, Elizabeth) (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

PACER
27

ORDER: Before the Court is Defendants' Unopposed 26 Motion for Leave to Exceed Page Limit. The Court ORDERS that the Motion should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 6/18/2024) (mmw) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

RECAP
28

RESPONSE filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re: 15 MOTION for Injunction MOTION to delay the effective date (Tulis, Elizabeth) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

RECAP
29

Brief/Memorandum in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 28 Response/Objection, Brief in Support of Defendants' Response to Plaintiff's Motion To Delay Effective Date and for Preliminary Injunction (Tulis, Elizabeth) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

RECAP
30

Brief/Memorandum in Support filed by State of California re 28 Response/Objection, of Amici States California, New Jersey, Pennsylvania, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington in Opposition to Plaintiffs Motion to Delay Effective Date and for Preliminary Injunction (Elias, Nimrod) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

RECAP
31

MOTION for Leave to File AMICUS CURIAE BRIEF OF TEXAS VALUES filed by Texas Values with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) AMICUS CURIAE BRIEF OF TEXAS VALUES)Attorney Kevin Harold Fulton, Jr added to party Texas Values(pty:am) (Fulton, Kevin) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
32

Unopposed MOTION for Leave to File Reply With Excess Pages filed by Carroll Independent School District (Attachments: # 1 Proposed Order) (Hoffmann, Mathew) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
33

ORDER granting 32 : Before the Court is Plaintiff's Unopposed Motion for Leave to File Reply with Excess Pages (ECF No. 32 ), filed June 24, 2024. Plaintiff requests to file a brief of up to 15 pages in support of their reply to Defendants' response. Noting that the motion is unopposed and finding good cause therein, the Court ORDERS that the Motion should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 6/25/2024) (wxc) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
34

ORDER denying 31 : Before the Court is the Motion for Leave to File Amicus Curiae Brief of Texas Values in Support (ECF No. 31 ), filed June 24, 2024. Texas Values seeks leave to file an amicus curiae brief in support of Plaintiff's motion for a preliminary injunction and a stay of the effective date. ECF No. 31 at 1. Local Rule 7.1(b) requires a Certificate of Conference on any such motion. Because the motion lacks this procedural requirement, the Court DENIES the motion. (Ordered by Judge Reed C. O'Connor on 6/25/2024) (wxc) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
35

ORDER: Motion Hearing set for 7/8/2024 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 6/27/2024) (adf) (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

RECAP
36

REPLY filed by Carroll Independent School District re: 15 MOTION for Injunction MOTION to delay the effective date (Hoffmann, Mathew) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

RECAP
37

Appendix in Support filed by Carroll Independent School District re 15 MOTION for Injunction MOTION to delay the effective date, 36 Reply in Support of Motion (Hoffmann, Mathew) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
38

NOTICE of Attorney Appearance by Pardis Gheibi on behalf of Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Gheibi, Pardis) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
39

Unopposed MOTION for Leave to File AMICUS CURIAE BRIEF OF TEXAS VALUES filed by Texas Values with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) AMICUS CURIAE BRIEF OF TEXAS VALUES) (Fulton, Kevin) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
40

ORDER: Before the Court is the Unopposed Motion for Leave to File Amicus Curiae Brief. The Court exercises its discretion to GRANT leave to file the amicus curiae brief. (Ordered by Judge Reed C. O'Connor on 7/2/2024) (mmw) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
41

AMICUS CURIAE BRIEF in Support filed by Texas Values re 15 MOTION for Injunction MOTION to delay the effective date (mmw) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

RECAP
42

ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Motion Hearing held on 7/8/2024 re 15 Motion for Injunction, Motion for Miscellaneous Relief filed by Carroll Independent School District. Attorney Appearances: Plaintiff - Allison Allman, Timothy Davis, Natalie Thompson, Mathew Hoffmann; Defense - Pardis Gheibi. (Court Reporter: Zoie Williams) (No exhibits) Time in Court - 2:32. (chmb) (Entered: 07/09/2024)

July 8, 2024

July 8, 2024

PACER
43

ORDER granting in part and deferring in part 15 Plaintiff's Motion to Delay Effective Date and for Preliminary Injunction. See order for details. Cross-supplemental briefs SHALL be submitted no later than July 18, 2024. (Ordered by Judge Reed C. O'Connor on 7/11/2024) (chmb) Modified type on 7/12/2024 (mmw). (Entered: 07/11/2024)

July 11, 2024

July 11, 2024

Clearinghouse
44

Unopposed Motion for Extension of Time to File Answer filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Gheibi, Pardis) (Entered: 07/17/2024)

1 Proposed Order

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July 17, 2024

July 17, 2024

PACER
45

Notice of Filing of Official Electronic Transcript of Motions Proceedings held on 7.8.24 before Judge Reed C. O'Connor. Court Reporter/Transcriber Zoie Williams, Telephone number 817.850.6630. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (156 pages) Redaction Request due 8/8/2024. Redacted Transcript Deadline set for 8/19/2024. Release of Transcript Restriction set for 10/16/2024. (zow) (Entered: 07/18/2024)

July 18, 2024

July 18, 2024

PACER
46

ORDER: Before the Court is Defendants' Unopposed 44 Motion to Extend Deadline for Responding to Plaintiffs' Complaint. The Court GRANTS the requested relief. Accordingly, Defendants must respond by August 13, 2024. (Ordered by Judge Reed C. O'Connor on 7/18/2024) (mmw) (Entered: 07/18/2024)

July 18, 2024

July 18, 2024

RECAP
47

Unopposed MOTION for Leave to File Brief as Amici Curiae filed by Texas Public Policy Foundation with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order). Party Texas Public Policy Foundation added.Attorney Robert Earl Henneke added to party Texas Public Policy Foundation(pty:am) (Henneke, Robert) (Entered: 07/18/2024)

1 Proposed Order

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July 18, 2024

July 18, 2024

RECAP
48

Brief/Memorandum in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 28 Response/Objection, Defendants' Supplemental Brief in Response to the Court's Questions (Tulis, Elizabeth) (Entered: 07/18/2024)

July 18, 2024

July 18, 2024

RECAP
49

Brief/Memorandum in Support filed by Carroll Independent School District re 15 MOTION for Injunction MOTION to delay the effective date supplemental brief (Hoffmann, Mathew) (Entered: 07/18/2024)

July 18, 2024

July 18, 2024

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50

ORDER: Before the Court is the Unopposed 47 Motion for the Goldwater Institute and the Texas Public Policy Foundation to Participate as Amicus Curiae. The Court exercises its discretion to GRANT leave to file the amicus curiae brief. (Ordered by Judge Reed C. O'Connor on 7/19/2024) (mmw) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

RECAP
51

Brief/Memorandum in Support filed by Goldwater Institute, Texas Public Policy Foundation re 15 MOTION for Injunction (), MOTION to delay the effective date (mmw) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

RECAP
52

Brief/Memorandum in Support filed by Texas Values re 15 MOTION for Injunction MOTION to delay the effective date (Fulton, Kevin) (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

RECAP
53

NOTICE of Supplemental Authority filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice (Attachments: # 1 Exhibit(s)) (Gheibi, Pardis) (Entered: 07/30/2024)

1 Exhibit(s)

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July 30, 2024

July 30, 2024

PACER
54

RESPONSE filed by Carroll Independent School District re: 53 Notice (Other), (Hoffmann, Mathew) (Entered: 07/31/2024)

July 31, 2024

July 31, 2024

RECAP
55

ORDER: The Court granted a preliminary injunction to Carroll ISD, but deferred ruling on the simultaneous 15 request for a stay of the Final Rule's effective date under 5 U.S.C. § 705 pending further briefing. The Court DENIES this request. The Court ORDERS that this case will be adjudicated on an expedited schedule in the interests of justice. The parties SHALL submit a joint schedule for expedited resolution of this matter by no later than August 7, 2024. (Ordered by Judge Reed C. O'Connor on 7/31/2024) (mmw) (Entered: 08/01/2024)

July 31, 2024

July 31, 2024

Clearinghouse
56

NOTICE of Joint Schedule for Expedited Resolution re: 55 Order Setting Deadline/Hearing,,, Terminate Motions,, filed by Carroll Independent School District (Hoffmann, Mathew) (Entered: 08/07/2024)

Aug. 7, 2024

Aug. 7, 2024

PACER
57

ORDER: Before the Court is the parties' Joint Notice Outlining Schedule for Expedited Resolution (ECF No. 56 ), filed on August 7, 2024. After due consideration, the Court finds the parties' proposed schedule to be appropriate for this case and ORDERS (see order for further details). (Ordered by Judge Reed C. O'Connor on 8/8/2024) (wxc) (Entered: 08/08/2024)

Aug. 8, 2024

Aug. 8, 2024

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58

MOTION for Summary Judgment filed by Carroll Independent School District (Attachments: # 1 Proposed Order) (Hoffmann, Mathew) (Entered: 08/16/2024)

1 Proposed Order

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Aug. 16, 2024

Aug. 16, 2024

RECAP
59

Brief/Memorandum in Support filed by Carroll Independent School District re 58 MOTION for Summary Judgment (Hoffmann, Mathew) (Entered: 08/16/2024)

Aug. 16, 2024

Aug. 16, 2024

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60

Appendix in Support filed by Carroll Independent School District re 58 MOTION for Summary Judgment, 59 Brief/Memorandum in Support of Motion (Hoffmann, Mathew) (Entered: 08/16/2024)

Aug. 16, 2024

Aug. 16, 2024

RECAP
61

Unopposed MOTION for Leave to File Excess Pages (Motion for Leave To Exceed Page Limit) filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Gheibi, Pardis) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
62

ORDER : Before the Court is Defendants' Unopposed 61 Motion for Leave to Exceed Page Limit. Noting that the motion is unopposed and finding good cause therein, the Court ORDERS that the Motion should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 9/3/2024) (mmw) (Entered: 09/03/2024)

Sept. 3, 2024

Sept. 3, 2024

RECAP
63

NOTICE OF INTERLOCUTORY APPEAL as to 43 Order on Motion for Injunction,, Order on Motion for Miscellaneous Relief, to the Fifth Circuit by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Tulis, Elizabeth) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

Clearinghouse
64

Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
65

Brief/Memorandum in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

RECAP
66

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 65 Brief/Memorandum in Support of Motion, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 1) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
67

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 65 Brief/Memorandum in Support of Motion, 66 Appendix in Support, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 2) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
68

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 66 Appendix in Support, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 3) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
69

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 68 Appendix in Support, 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 66 Appendix in Support, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 4) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
70

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 68 Appendix in Support, 69 Appendix in Support, 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 66 Appendix in Support, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 5) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
71

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 68 Appendix in Support, 69 Appendix in Support, 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 66 Appendix in Support, 70 Appendix in Support,, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 6) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
72

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 71 Appendix in Support,, 68 Appendix in Support, 69 Appendix in Support, 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 66 Appendix in Support, 70 Appendix in Support,, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 7) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
73

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 72 Appendix in Support,, 71 Appendix in Support,, 68 Appendix in Support, 69 Appendix in Support, 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 66 Appendix in Support, 70 Appendix in Support,, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 8) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
74

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 72 Appendix in Support,, 71 Appendix in Support,, 68 Appendix in Support, 69 Appendix in Support, 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 73 Appendix in Support,, 66 Appendix in Support, 70 Appendix in Support,, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 9) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
75

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 72 Appendix in Support,, 71 Appendix in Support,, 68 Appendix in Support, 69 Appendix in Support, 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 74 Appendix in Support,, 73 Appendix in Support,, 66 Appendix in Support, 70 Appendix in Support,, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 10) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
76

Appendix in Support filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re 72 Appendix in Support,, 71 Appendix in Support,, 68 Appendix in Support, 69 Appendix in Support, 67 Appendix in Support, 65 Brief/Memorandum in Support of Motion, 74 Appendix in Support,, 73 Appendix in Support,, 66 Appendix in Support, 70 Appendix in Support,, 75 Appendix in Support,, 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Part 11) (Gheibi, Pardis) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

PACER
77

RESPONSE filed by Carroll Independent School District re: 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Hoffmann, Mathew) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

RECAP
78

Appendix in Support filed by Carroll Independent School District re 77 Response/Objection (Hoffmann, Mathew) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

PACER
79

USCA Case Number 24-10824 in United States Court of Appeals 5th Circuit for 63 Notice of Appeal, filed by Merrick B Garland, United States Department of Justice, Catherine E. LHamon, Miguel Cardona, Kristen Clarke, United States Department of Education. (tle) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

RECAP
80

Consent MOTION for Leave to File Exceed Page Limit filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Gheibi, Pardis) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
81

ORDER : Before the Court is Defendants' Unopposed 80 Motion for Leave to Exceed Page Limit. The Court ORDERS that the Motion should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 9/18/2024) (mmw) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

RECAP
82

REPLY filed by Miguel Cardona, Kristen Clarke, Merrick B Garland, Catherine E. LHamon, United States Department of Education, United States Department of Justice re: 64 Cross MOTION for Summary Judgment AND IN THE ALTERNATIVE, TO DISMISS, AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Gheibi, Pardis) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER

Record on Appeal for USCA5 24-10824 (related to 63 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)

Oct. 15, 2024

Oct. 15, 2024

PACER

Case Details

State / Territory: Texas

Case Type(s):

Education

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: May 21, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Texas school district

Plaintiff Type(s):

City/County Plaintiff

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.

Constitutional Clause(s):

Enumerations Clause

Federalism (including 10th Amendment)

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2024 - None

Issues

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+