Case: South Carolina State Conference of the NAACP v. Weaver

South Carolina State Conference of the NAACP

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-12226617.) filed by Todd Ruthorfoed, Ayanna Mayes, J. S., Ibram X. Kendi, Amanda Bradley, South Carolina State Conference of the NAACP, Mary Wood, T. R.. Service due by 4/28/2025(ahil) (Main Document 1 replaced on 1/27/2025) (ahil) (Entered: 01/27/2025)

Local Rule 26.01 Answers to Interrogatories by South Carolina State Conference of the NAACP, Ibram X. Kendi, Ayanna Mayes, Mary Wood, T. R., and J. S..(ahil) Modified on 2/4/2025 to edit filers and docket text (ahil). (Entered: 01/27/2025)

Summons Issued as to Ellen Weaver. (ahil) (Entered: 01/27/2025)

Summons Issued as to Lexington County School District Three. (ahil) (Entered: 01/27/2025)

Summons Issued as to School District Five of Lexington & Richland Counties. (ahil) (Entered: 01/27/2025)

SUMMONS Returned Executed by J. S., Ibram X. Kendi, South Carolina State Conference of the NAACP, Mary Wood, T. R.. School District Five of Lexington & Richland Counties served on 1/27/2025, answer due 2/18/2025. (Attachments: # 1 Proof of Service on School District Five of Lexington and Richland Counties)(Coleman, Santino) (Entered: 02/05/2025)

NOTICE of Appearance by J Edward Bradley on behalf of School District Five of Lexington & Richland Counties (Bradley, J) (Entered: 02/05/2025)

SUMMONS Returned Executed by J. S., Ibram X. Kendi, South Carolina State Conference of the NAACP, Mary Wood, T. R.. Ellen Weaver served on 1/27/2025, answer due 2/18/2025. (Attachments: # 1 Proof of Service on Ellen Weaver)(Coleman, Santino) (Entered: 02/05/2025)

SUMMONS Returned Executed by J. S., Ibram X. Kendi, South Carolina State Conference of the NAACP, Mary Wood, T. R.. Lexington County School District Three served on 1/27/2025, answer due 2/18/2025. (Attachments: # 1 Proof of Service on Lexington County School District Three)(Coleman, Santino) (Entered: 02/05/2025)

LETTER EXTENDING TIME TO ANSWER All Defendants. (Attachments: # 1 Exhibit A: Correspondence between counsel)(Coleman, Miles) (Entered: 02/13/2025)

Local Rule 26.01 Answers to Interrogatories by Lexington County School District Three, Ellen Weaver.(Coleman, Miles) (Entered: 02/13/2025)

Local Rule 26.01 Answers to Interrogatories by School District Five of Lexington & Richland Counties.(Bradley, J) (Entered: 02/13/2025)

MOTION to Appear Pro Hac Vice by Amber Koonce ( Filing fee $ 350 receipt number ASCDC-12269873) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Entered: 02/18/2025)

MOTION to Appear Pro Hac Vice by Charles McLaurin ( Filing fee $ 350 receipt number ASCDC-12269923) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Additional attachment(s) added on 2/18/2025: # 3 Supreme Court of VA Certificate of Good Standing) (ahil). (Entered: 02/18/2025)

MOTION to Appear Pro Hac Vice by Patricia Okonta ( Filing fee $ 350 receipt number ASCDC-12269968) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Entered: 02/18/2025)

** WITHDRAWN ** MOTION to Appear Pro Hac Vice by Maia ( Filing fee $ 350 receipt number ASCDC-12269997) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) Modified on 3/4/2025 to edit docket text and withdraw motion per 22 . (ahil) (Entered: 02/18/2025)

TEXT ORDER granting 15 Motion for Amber Koonce to Appear Pro Hac Vice on behalf of plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on February 20, 2025.(ahil) (Entered: 02/20/2025)

TEXT ORDER granting 15 Motion for Charles McLaurin to Appear Pro Hac Vice on behalf of plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on February 20, 2025.(ahil) (Entered: 02/20/2025)

TEXT ORDER granting 15 Motion for Patricia Okonta to Appear Pro Hac Vice on behalf of plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on February 20, 2025.(ahil) (Entered: 02/20/2025)

Order on Motion to Appear Pro Hac Vice

Withdrawal of Motions: 18 MOTION to Appear Pro Hac Vice by Maia ( Filing fee $ 350 receipt number ASCDC-12269997) filed by Ibram X. Kendi, South Carolina State Conference of the NAACP, Ayanna Mayes, T. R., Mary Wood, J. S... (Bailey, Tyler) (Entered: 03/03/2025)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM by School District Five of Lexington & Richland Counties. Response to Motion due by 3/18/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bradley, J) (Entered: 03/04/2025)

MOTION for Extension of Time to File Answer re 1 Complaint, by Lexington County School District Three, Ellen Weaver. Response to Motion due by 3/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 03/07/2025)

AMENDED Consent MOTION to Amend/Correct 24 MOTION for Extension of Time to File Answer re 1 Complaint, by Lexington County School District Three, Ellen Weaver. Response to Motion due by 3/24/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) Modified on 3/10/2025 to edit docket text (ahil). (Entered: 03/10/2025)

TEXT ORDER granting 25 Amended Consent MOTION for Extension of Time to File Answer re 1 Complaint. Defendants Lexington County School District Three and Ellen Weaver, in her official capacity as South Carolina Superintendent of Education's deadline to answer or otherwise plead is now due 3/20/2025. Entered at the direction of the Honorable Sherri A. Lydon on March 10, 2025. (ahil) (Entered: 03/10/2025)

Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

First MOTION for Extension of Time to File Responses to Defendants' Motions to Dismiss 23 by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/28/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bailey, Tyler) Modified on 3/17/2025 to add linkage and edit docket text (ahil). (Entered: 03/14/2025)

RESPONSE to Motion re 27 First MOTION for Extension of Time to File Responses to Defendants' Motions to Dismiss Response filed by Lexington County School District Three, Ellen Weaver.Reply to Response to Motion due by 3/24/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Coleman, Miles) (Entered: 03/15/2025)

TEXT ORDER granting 27 First MOTION for Extension of Time to File Responses to Defendants' Motions to Dismiss 23 . Plaintiffs' Response to 23 Motion is now due by 4/3/2025. Entered at the direction of the Honorable Sherri A. Lydon on March 17, 2025. (ahil) (Entered: 03/17/2025)

MOTION for Preliminary Injunction by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/31/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support of Motion for a Preliminary Injunction, # 2 Exhibit A. Declaration of Ibram X. Kendi, # 3 Exhibit B. Lexington County District Three FOIA Response, # 4 Exhibit C. Declaration of Nicole Walker, # 5 Exhibit D. Ferguson Memorandum, # 6 Exhibit E. NAACP Legal Defense Fund Letter, # 7 Exhibit F. Declaration of Mary Wood, # 8 Exhibit G. Political Flyer, # 9 Exhibit H. Declaration of Ayanna Mayes, # 10 Exhibit I. Declaration of T.R., # 11 Exhibit J. Declaration of J.S., # 12 Exhibit K. Declaration of Brenda C. Murphy)No proposed order.(Coleman, Santino) (Main Document 30 replaced on 3/18/2025 with document provided by filer.) (ahil) (Entered: 03/17/2025)

Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

Consent MOTION for Leave to File Excess Pages for the Motion to Dismiss by Lexington County School District Three, Ellen Weaver. Response to Motion due by 4/2/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 03/19/2025)

TEXT ORDER granting 31 Motion for Leave to File Excess Pages. Entered at the direction of the Honorable Sherri A. Lydon on March 20, 2025.(ahil) (Entered: 03/20/2025)

MOTION to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) by Lexington County School District Three, Ellen Weaver. Response to Motion due by 4/3/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: Declaration of Dr. Ashley Atkinson, # 2 Exhibit B: District Review Committee Report for Stamped)No proposed order.(Coleman, Miles) (Entered: 03/20/2025)

1 Exhibit A: Declaration of Dr. Ashley Atkinson

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2 Exhibit B: District Review Committee Report for Stamped

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Order on Motion for Leave to File Excess Pages

AMENDED COMPLAINT against All Defendants, filed by J. S., Ibram X. Kendi, Ayanna Mayes, South Carolina State Conference of the NAACP, Mary Wood, T. R.. Service due by 6/23/2025 (Attachments: # 1 Exhibit Yow Memorandum) (Coleman, Santino) (Entered: 03/25/2025)

MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Preliminary Injunction by Lexington County School District Three, School District Five of Lexington & Richland Counties, Ellen Weaver. Response to Motion due by 4/9/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 03/26/2025)

TEXT ORDER granting 35 MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Preliminary Injunction. Defendants School District Five of Lexington & Richland Counties, Lexington County School District Three, and Ellen Weaver's response to motion 30 is 4/14/2025. Entered at the direction of the Honorable Sherri A. Lydon on March 28, 2025. (ahil) (Entered: 03/28/2025)

Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

MOTION to Appear Pro Hac Vice by Maia Cole ( Filing fee $ 350 receipt number ASCDC-12360900) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 4/15/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Entered: 04/01/2025)

TEXT ORDER denying 23 and 33 MOTIONS to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) without prejudice as moot due to amended complaint. 6 Charles Alan Wright et al., Federal Practice and Procedure § 1476 (3d ed. 2011) ("A pleading that has been amended... supersedes the pleading it modifies.... Once an amended pleading is interposed, the original pleading no longer performs any function in the case...."); Perez v. Staples Cont. & Com. Inc., No. 3:13-CV-01775-JFA, 2013 WL 5570002 at *1 (D.S.C. Oct. 8, 2013) ("motions directed at the superseded pleading generally are to be denied as moot."). Entered at the direction of the Honorable Sherri A. Lydon on April 1, 2025.(ahil) Modified on 4/1/2025 to edit docket text per chambers request. (ahil). (Entered: 04/01/2025)

TEXT ORDER granting 37 Motion for Maia Cole to Appear Pro Hac Vice on behalf of Plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on April 1, 2025.(ahil) (Entered: 04/01/2025)

Order on Motion to Appear Pro Hac Vice

Order on Motion to Dismiss

Joint MOTION for Extension of Time and Proposed Briefing Schedule by Lexington County School District Three, School District Five of Lexington & Richland Counties, Ellen Weaver. Response to Motion due by 4/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Coleman, Miles) (Entered: 04/07/2025)

BRIEFING SCHEDULE Defendants' briefs in opposition to Plaintiffs' Motion for a Preliminary Injunction are due April 18, 2025. Plaintiffs' reply in support of their Motion for a Preliminary Injunction is due April 25, 2025. Defendants' Motions to Dismiss or responsive pleadings are due April 22, 2025. Plaintiffs' opposition to Defendants' Motions to Dismiss is due May 12, 2025. Defendants' replies in support of their Motions to Dismiss are due May 19, 2025. ( 40 Joint MOTION for Extension of Time and Proposed Briefing Schedule granted.) Signed by the Honorable Sherri A. Lydon on April 7, 2025. (ahil) (Entered: 04/07/2025)

Additional Attachments to Main Document 30 MOTION for Preliminary Injunction . First attachment description: Amended Attachment 30-7 - Exhibit F. Declaration of Mary Wood . (Coleman, Santino) (Entered: 04/08/2025)

RESPONSE in Opposition re 30 MOTION for Preliminary Injunction Response filed by School District Five of Lexington & Richland Counties.Reply to Response to Motion due by 4/24/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bradley, J) (Entered: 04/17/2025)

Declaration

1 Exhibit Policy GBK

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2 Exhibit Policy IB

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3 Exhibit SC ST 59-25-410

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4 Exhibit Minutes 3-24-25

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5 Exhibit SC ST 59-25-430

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6 Exhibit SC ST 59-25-440

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7 Exhibit Letter to Atty Nickles

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8 Exhibit Policy IJL-R

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9 Exhibit Policy KEC

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10 Exhibit Policy KEC-R

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11 Exhibit Minutes 2-10-25

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DECLARATION by School District Five of Lexington & Richland Counties re 43 Response in Opposition to Motion, . (Attachments: # 1 Main Document Declaration of Dr. Akil Ross, Sr., # 2 Exhibit Policy GBK, # 3 Exhibit Policy IB, # 4 Exhibit SC ST 59-25-410, # 5 Exhibit Record of Vote March 24, 2025, # 6 Exhibit SC ST 59-25-430, # 7 Exhibit SC ST 59-25-440, # 8 Exhibit Letter to A. Nickles 8-2-23, # 9 Exhibit Policy IJL-R, # 10 Exhibit Policy KEC, # 11 Exhibit Policy KEC-R, # 12 Exhibit Minutes 2-10-25)(Bradley, J) Modified on 4/21/2025 to correct the filing date to that of the original filing. (ahil) (Entered: 04/18/2025)

1 Main Document Declaration of Dr. Akil Ross, Sr.

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2 Exhibit Policy GBK

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3 Exhibit Policy IB

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4 Exhibit SC ST 59-25-410

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5 Exhibit Record of Vote March 24, 2025

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6 Exhibit SC ST 59-25-430

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7 Exhibit SC ST 59-25-440

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8 Exhibit Letter to A. Nickles 8-2-23

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9 Exhibit Policy IJL-R

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10 Exhibit Policy KEC

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11 Exhibit Policy KEC-R

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12 Exhibit Minutes 2-10-25

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RESPONSE in Opposition re 30 MOTION for Preliminary Injunction Response filed by Lexington County School District Three, Ellen Weaver. Reply to Response to Motion due by 4/25/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Coleman, Miles) ** Please see additional attachments at ECF 52, and supplements at 78 and 79 . Modified on 4/28/2025 to add linkage and edit docket text. (ahil) Modified on 7/21/2025 to add linkage and edit docket text. (ahil). (Entered: 04/18/2025)

DELETION OF DOCKET ENTRY NUMBER 44 Reason: Refiled by filer to correct multiple issues. Corrected Filing Document Number 45 . Modified filing date to that of original filing: 4/17/2025. Response due date modified to that of original filing: NA (ahil) (Entered: 04/21/2025)

Joint MOTION for Leave to File Excess Pages by Lexington County School District Three, Ellen Weaver. Response to Motion due by 5/5/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 04/21/2025)

MOTION to Dismiss by School District Five of Lexington & Richland Counties. Response to Motion due by 5/5/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Declaration of Dr. Akil Ross, Sr., # 2 Exhibit Policy GBK, # 3 Exhibit Policy IB, # 4 Exhibit SC ST 59-25-410, # 5 Exhibit Record of Vote March 24, 2025, # 6 Exhibit SC ST 59-25-430, # 7 Exhibit SC ST 59-25-440, # 8 Exhibit Letter to A. Nickles 8-2-23, # 9 Exhibit Policy IJL-R, # 10 Exhibit Policy KEC, # 11 Exhibit Policy KEC-R, # 12 Exhibit Minutes 2-10-25)No proposed order.(Bradley, J) (Entered: 04/21/2025)

Entry Deletion

TEXT ORDER granting 48 Motion for Leave to File Excess Pages. Entered at the direction of the Honorable Sherri A. Lydon on April 22, 2025.(ahil) (Entered: 04/22/2025)

MOTION to Dismiss for lack of jurisdiction and failure to state a claim by Lexington County School District Three, Ellen Weaver. Response to Motion due by 5/6/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: Atkinson Declaration, # 2 Exhibit B: Committee Decision)No proposed order.(Coleman, Miles) (Entered: 04/22/2025)

Order on Motion for Leave to File Excess Pages

Additional Attachments to Main Document 46 Response in Opposition to Motion,. First attachment description: Index of Exhibits To Defendants Weavers and Lexington County School District Threes Response In Opposition To Plaintiffs Motion For a Preliminary Injunction. (Attachments: # 1 Exhibit A: Declaration of Angie Rye, # 2 Exhibit B: Declaration of Sonya Bryant, # 3 Exhibit C: Declaration of Julie Ruff, # 4 Exhibit D: Declaration of Charlene High, # 5 Exhibit E: Declaration of Randy Fox, # 6 Exhibit F: Expert Declaration of Prof. David Bernstein, # 7 Exhibit G: Declaration of Matthew Ferguson)(Coleman, Miles) (Entered: 04/25/2025)

1 Exhibit A: Declaration of Angie Rye

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2 Exhibit B: Declaration of Sonya Bryant

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3 Exhibit C: Declaration of Julie Ruff

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4 Exhibit D: Declaration of Charlene High

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5 Exhibit E: Declaration of Randy Fox

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6 Exhibit F: Expert Declaration of Prof. David Bernstein

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7 Exhibit G: Declaration of Matthew Ferguson

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REPLY to Response to Motion re 30 MOTION for Preliminary Injunction Response filed by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. (Attachments: # 1 Exhibit A. Ridge View High School 2025-2026 Course Guide, # 2 Exhibit B. Spring Valley High School 2025-2026 Course Guide)(Coleman, Santino) ** Additional Attachments at ECF 75 . Modified on 7/7/2025 to add linkage and to edit docket text (ahil). (Entered: 04/25/2025)

MOTION for Leave to File Surreply and Proposed Surreply by School District Five of Lexington & Richland Counties. Response to Motion due by 5/13/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit TN Education Assn v. Reynolds)No proposed order.(Bradley, J) (Entered: 04/29/2025)

RESPONSE in Opposition re 54 MOTION for Leave to File Surreply and Proposed Surreply Response filed by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP.Reply to Response to Motion due by 5/7/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Coleman, Santino) (Entered: 04/30/2025)

TEXT ORDER granting 54 Motion for Leave to File as unopposed. Entered at the direction of the Honorable Sherri A. Lydon on May 1, 2025.(ahil) (Entered: 05/01/2025)

Order on Motion for Leave to File

MOTION for Telephone Status Conference by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP. Response to Motion due by 5/16/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Santino) (Entered: 05/02/2025)

RESPONSE in Opposition re 57 MOTION for Telephone Status Conference Response filed by Lexington County School District Three, Ellen Weaver.Reply to Response to Motion due by 5/19/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Coleman, Miles) (Main Document 59 replaced on 5/13/2025 with document provided by filing user.) (ahil) (Entered: 05/10/2025)

RESPONSE in Opposition re 51 MOTION to Dismiss for lack of jurisdiction and failure to state a claim, 49 MOTION to Dismiss Response filed by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood.Reply to Response to Motion due by 5/19/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A, Huddle Email)(Coleman, Santino) (Entered: 05/12/2025)

MOTION for Extension of Time by Lexington County School District Three, Ellen Weaver. Response to Motion due by 5/30/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 05/16/2025)

TEXT ORDER granting 61 MOTION for Extension of Time. Defendants Ellen Weaver and Lexington County School District Three's replies to 51 due by 5/23/2025. Signed by the Honorable Sherri A. Lydon on May 19, 2025. (ahil) (Entered: 05/19/2025)

Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

REPLY to Response to Motion re 51 MOTION to Dismiss for lack of jurisdiction and failure to state a claim Response filed by Lexington County School District Three, Ellen Weaver. (Coleman, Miles) ** See supplement at ECF 65 . Modified on 5/29/2025 to add linkage and edit docket text. (ahil). (Entered: 05/23/2025)

TEXT ORDER denying 57 Motion to Request Status Conference. The court will schedule a hearing for the pending motions to dismiss, ECF Nos. 49, 51, and motion for preliminary injunction, ECF No. 30, as needed when briefing is complete. IT IS SO ORDERED.Entered at the direction of the Honorable Sherri A. Lydon on May 27, 2025.(ahil) (Entered: 05/27/2025)

SUPPLEMENT by Lexington County School District Three, Ellen Weaver to 63 Reply to Response to Motion . Supplemental citation. (Coleman, Miles) (Entered: 05/27/2025)

Order on Motion for Miscellaneous Relief

Consent MOTION for Leave to File Surreply by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 6/13/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Proposed Surreply)No proposed order.(Coleman, Santino) (Entered: 05/30/2025)

Consent MOTION to Withdraw as Attorney by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 6/13/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Santino) (Entered: 05/30/2025)

TEXT ORDER granting 66 Consent MOTION for Leave to File Surreply. Plaintiff is to file a Surreply to motion 66 by 6/5/2025. Entered at the direction of the Honorable Sherri A. Lydon on June 2, 2025. (ahil) (Entered: 06/02/2025)

TEXT ORDER granting 67 Motion to Withdraw as Attorney. Pro Hac Vice Counsel Amber Koonce is terminated as counsel for Plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on June 2, 2025.(ahil) (Entered: 06/02/2025)

SUR REPLY to REPLY to Response to Motion re 51 MOTION to Dismiss for lack of jurisdiction and failure to state a claim Response filed by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. (Coleman, Santino) (Entered: 06/02/2025)

Order on Motion to Withdraw as Attorney

Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

NOTICE of Hearing on Motions: Motions Hearing set for 7/30/2025 at 09:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Sherri A. Lydon. Counsel should be prepared to address both the pending motion for preliminary injunction, ECF No. 30, and the pending motions to dismiss, ECF Nos. 49, 51 .(ahil) (Entered: 06/12/2025)

Notice of Hearing on Motion

Additional Attachments to Main Document 53 Reply to Response to Motion,. First attachment description: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION . (Attachments: # 1 Exhibit Education Meeting Minutes)(Bailey, Tyler) (Entered: 07/03/2025)

1 Exhibit Education Meeting Minutes

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MOTION to Appear Pro Hac Vice by Jason Bailey ( Filing fee $ 350 receipt number ASCDC-12591616) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 7/30/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Additional attachment(s) provided by filing user added on 7/21/2025: # 3 Certificate of Good Standing) (ahil) (Entered: 07/16/2025)

MOTION to Appear Pro Hac Vice by Kacey-Ann Mordecai ( Filing fee $ 350 receipt number ASCDC-12591700) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 7/30/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Additional attachment(s) provided by filing user added on 7/21/2025: # 3 Certificate of Good Standing) (ahil) (Entered: 07/16/2025)

SUPPLEMENT by Lexington County School District Three, Ellen Weaver to 46 in response to 75 Additional Attachments to Main Document; Defendants' Response to Plaintiffs Request for Judicial Notice. (Coleman, Miles) Modified on 7/21/2025 to edit linkage and edit docket text. (ahil). (Entered: 07/17/2025)

SUPPLEMENT by Lexington County School District Three, Ellen Weaver (Notice of Supplemental Authority) to 46 Response in Opposition. (Coleman, Miles) Modified on 7/21/2025 to add linkage and edit docket text (ahil). (Entered: 07/19/2025)

TEXT ORDER granting 76 Motion for Jason Paul Bailey to Appear Pro Hac Vice on behalf of plaintiff South Carolina State Conference of the NAACP et al. Entered at the direction of the Honorable Sherri A. Lydon on July 21, 2025.(ahil) (Entered: 07/21/2025)

Order on Motion to Appear Pro Hac Vice

ORDER granting 77 Motion for Kacey-Ann Camille Mordecai to Appear Pro Hac Vice on behalf of plaintiff South Carolina State Conference of the NAACP et al. Entered at the direction of the Honorable Sherri A. Lydon on July 22, 2025.(ahil) (Entered: 07/22/2025)

Order on Motion to Appear Pro Hac Vice

NOTICE of Appearance by Benjamin Michael McGrey-Broce on behalf of Alan Wilson (McGrey-Broce, Benjamin) (Main Document 82 replaced on 7/24/2025 to flatten the image.) (ahil) (Entered: 07/23/2025)

MOTION for Leave to File Amicus Brief by Alan Wilson. Response to Motion due by 7/25/2025 at 12:00 noon . Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Proposed Amicus Brief of Amici Curiae South Carolina and 16 Other States in Support of Defendants)No proposed order.(McGrey-Broce, Benjamin) (Attachment 1 replaced on 7/24/2025 with document provided by filing user. Modified on 7/24/2025 to edit response due date per chambers' request. (ahil) (Entered: 07/23/2025)

REPLY by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood to 79 Supplement . (Bailey, Tyler) (Entered: 07/24/2025)

RESPONSE in Opposition re 83 MOTION for Leave to File Amicus Brief Response filed by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood.Reply to Response to Motion due by 8/1/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bailey, Tyler) (Entered: 07/25/2025)

RESPONSE in Support re 83 MOTION for Leave to File Amicus Brief Response filed by Lexington County School District Three, Ellen Weaver. (Coleman, Miles) (Entered: 07/25/2025)

TEXT ORDER re 83 Motion for Leave to File Amicus Curiae. Decisions about whether and how to allow amicus participation in federal district court are left to the discretion of the trial judge. Md. Restorative Just. Initiative v. Hogan, No. ELH-16-1021, 2017 WL 467731, at *8 (D. Md. Feb. 3, 2017). Courts have allowed amicus briefs at the trial level when the briefs provide helpful legal analysis, when the proposed amici have a special interest in the subject matter of the suit, or when the existing parties would benefit from additional assistance. Bryant v. Better Bus. Bureau of Greater Md., Inc., 923 F. Supp. 720, 728 (D. Md. 1996). The court finds the proposed amicus briefing helpful to the resolution of the pending motions. [ECF Nos. 30, 49, 51.] Although amicus briefs are typically filed shortly after the principal brief of the supported party, Fed. R. App. P. 29(a)(6), the briefing here addresses, among other concerns, recent developments in First Amendment right-to-receive information claims not available when the principal motions were filed. Compare ECF No. 49. (filed April 21, 2025) with Little v. Llano Cnty., 138 F.4th 834 (5th Cir. 2025) (filed May 23, 2025); Mahmoud v. Taylor, 145 S. Ct. 2332 (2025) (filed June 27, 2025). Further, the attorneys general enumerated in the briefing have identified a special interest in the outcome of this litigation. See ECF No. 83 at 23. Accordingly, the court GRANTS the states enumerated in ECF No. 83 leave to appear as Amici Curiae and to file the proposed amicus brief. IT IS SO ORDERED. Signed by Honorable Sherri A Lydon on July 28, 2025.(kbos) (Entered: 07/28/2025)

REPLY by Alan Wilson to 87 Order on Motion for Leave to File,,,,,, (Amicus Brief for Filing). (McGrey-Broce, Benjamin) (Entered: 07/28/2025)

Order on Motion for Leave to File