Case: Simon v. Ivey

2:25-cv-00067 | U.S. District Court for the Northern District of Alabama

Filed Date: Jan. 14, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges an Alabama law, SB 129, that places restrictions on DEI programs and discussion of certain viewpoints in state agencies and schools. The law prohibits state agencies, local boards of education, and public institutions from sponsoring any DEI program. It also places restrictions on those entities’ with regard to “divisive concepts.” For instance, SB 129 bars them from requiring a student, employee, or contractor to share his or her personal viewpoint on a "divisive concept" …

This case challenges an Alabama law, SB 129, that places restrictions on DEI programs and discussion of certain viewpoints in state agencies and schools. The law prohibits state agencies, local boards of education, and public institutions from sponsoring any DEI program. It also places restrictions on those entities’ with regard to “divisive concepts.” For instance, SB 129 bars them from requiring a student, employee, or contractor to share his or her personal viewpoint on a "divisive concept" outside of an academic setting. As defined in the law, “divisive concepts” include several viewpoints about race, color, religion, sex, ethnicity, or national origin.

On January 14, 2025, the plaintiffs–a group of public university professors and students, along with the Alabama NAACP–filed this lawsuit in the U.S. District Court for the Northern District of Alabama. The plaintiffs sued the Governor of Alabama and members of the Board of Trustees for the University of Alabama System, under 42 U.S.C. § 1983, in their official capacities. Represented by private counsel, the ACLU of Alabama, and the NAACP Legal Defense and Educational Fund, the plaintiffs sought declaratory and injunctive relief, along with costs of suit and attorneys’ fees. They claimed that SB 129 constitutes viewpoint discrimination and infringes on their freedom of association, both violations of the First Amendment, and that it violates the Equal Protection Clause of the Fourteenth Amendment. The case was assigned to Judge Madeline Hughes Haikala.

On January 30, 2025, the plaintiffs filed a motion for a preliminary injunction against enforcement of SB 129 by defendants. The case is ongoing as of February 19, 2025.

Summary Authors

Connor Mulvena (2/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69545131/parties/simon-v-ivey/


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Documents in the Clearinghouse

Document
1

2:25-cv-00067

Complaint

Jan. 14, 2025

Jan. 14, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69545131/simon-v-ivey/

Last updated Aug. 7, 2025, 11:15 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Richard Fording, Isabella Campos, Cassandra Simon, The Alabama State Conference of the NAACP, Sydney Testman, Dana Patton, Miguel Luna. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Addendum)(CLC) ALND Receipt 3 B-15820 Modified on 1/16/2025 (CLC). (Entered: 01/14/2025)

1 Civil Cover Sheet

View on PACER

2 Civil Cover Sheet Addendum

View on PACER

Jan. 14, 2025

Jan. 14, 2025

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice for Antonio Ingram by Richard Fording, The Alabama State Conference of the NAACP, Cassandra Simon, Sydney Testman, Isabella Campos, Dana Patton. (Attachments: # 1 Consent of Sponsor, # 2 Text of Proposed Order)(Mollman, Alison) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER

Filing Fee - Pay.gov

Jan. 16, 2025

Jan. 16, 2025

PACER
3

MOTION for Leave to Appear Pro Hac Vice for Ayomide Odunsi by Richard Fording, The Alabama State Conference of the NAACP, Cassandra Simon, Sydney Testman, Isabella Campos, Dana Patton. (Attachments: # 1 Consent of Sponsor, # 2 Text of Proposed Order)(Mollman, Alison) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER

Filing Fee: Filing fee $ 405, receipt_number AALNDC-4765739. related document 1 COMPLAINT against All Defendants, filed by Richard Fording, Isabella Campos, Cassandra Simon, The Alabama State Conference of the NAACP, Sydney Testman, Dana Patton, Miguel Luna. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Addendum)(CLC). (Mollman, Alison)

Jan. 16, 2025

Jan. 16, 2025

PACER

PHV Fee Paid

Jan. 16, 2025

Jan. 16, 2025

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4765745. Paid on behalf of Antonio Ingram. (Mollman, Alison) ALND Receipt # B-15821 Modified on 1/16/2025 (CLC).

Jan. 16, 2025

Jan. 16, 2025

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4765749. Paid on behalf of Ayomide Odunsi. (Mollman, Alison) ALND Receipt # B-15822 Modified on 1/16/2025 (CLC).

Jan. 16, 2025

Jan. 16, 2025

PACER
4

TEXT ORDER: The Plaintiffs have filed a 2 MOTION for Leave to Appear Pro Hac Vice for Antonio Ingram, II. The Court GRANTS 2 MOTION for Leave to Appear Pro Hac Vice. Attorney Antonio Ingram, II is added as attorney for plaintiffs Richard Fording, Isabella Campos, Cassandra Simon, Miguel Luna, Dana Patton, The Alabama State Conference of the NAACP, and Sydney Testman. Signed by Judge Madeline Hughes Haikala on 1/22/2025. (KWC, ) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
5

TEXT ORDER: The Plaintiffs have filed a 3 MOTION for Leave to Appear Pro Hac Vice for Ayomide Odunsi. The Court GRANTS 3 MOTION for Leave to Appear Pro Hac Vice. Attorney Ayomide Odunsi is added as attorney for plaintiffs Richard Fording, Isabella Campos, Cassandra Simon, Miguel Luna, Dana Patton, The Alabama State Conference of the NAACP, and Sydney Testman. Signed by Judge Madeline Hughes Haikala on 1/22/2025. (KWC, ) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
6

MOTION for Leave to Appear Pro Hac Vice for Carmen Lo by Richard Fording, The Alabama State Conference of the NAACP, Cassandra Simon, Sydney Testman, Miguel Luna, Isabella Campos, Dana Patton. (Attachments: # 1 Consent of Sponsor)(Mollman, Alison) (Entered: 01/23/2025)

Jan. 23, 2025

Jan. 23, 2025

PACER
7

MOTION for Leave to Appear Pro Hac Vice for Daniel Cantor by Richard Fording, The Alabama State Conference of the NAACP, Cassandra Simon, Sydney Testman, Miguel Luna, Isabella Campos, Dana Patton. (Attachments: # 1 Consent of Sponsor)(Mollman, Alison) (Entered: 01/23/2025)

Jan. 23, 2025

Jan. 23, 2025

PACER
8

MOTION for Leave to Appear Pro Hac Vice for Michael Rogoff by Richard Fording, The Alabama State Conference of the NAACP, Cassandra Simon, Sydney Testman, Miguel Luna, Isabella Campos, Dana Patton. (Attachments: # 1 Consent of Sponsor)(Mollman, Alison) (Entered: 01/23/2025)

Jan. 23, 2025

Jan. 23, 2025

PACER

PHV Fee Paid

Jan. 23, 2025

Jan. 23, 2025

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4770044. Paid on behalf of Carmen Lo. (Mollman, Alison) ALND Receipt # B-15896 Modified on 1/23/2025 (CLC).

Jan. 23, 2025

Jan. 23, 2025

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4770056. Paid on behalf of Daniel Cantor. (Mollman, Alison) ALND Receipt # B-15897 Modified on 1/23/2025 (CLC).

Jan. 23, 2025

Jan. 23, 2025

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4770058. Paid on behalf of Michael Rogoff. (Mollman, Alison) ALND Receipt # B-15898 Modified on 1/23/2025 (CLC).

Jan. 23, 2025

Jan. 23, 2025

PACER
9

TEXT ORDER: The Plaintiffs have filed motions for Carmen Lo, Daniel Cantor and Michael Rogoff to appear pro hac vice in this case. The Court GRANTS 6, 7 and 8 Motions. Attorneys Carmen Lo, Daniel Cantor and Michael Rogoff added to plaintiffs. Signed by Judge Madeline Hughes Haikala on 1/24/2025. (KWC, ) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

PACER
10

ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Scott Phelps, Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. (Gresham, Cole) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

PACER
11

ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Kay Ivey. (Bowdre, Alexander) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

PACER
12

MOTION for Preliminary Injunction by Richard Fording, The Alabama State Conference of the NAACP, Cassandra Simon, Sydney Testman, Miguel Luna, Isabella Campos, Dana Patton. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Simon Declaration, # 5 Luna Declaration, # 6 Testman Declaration, # 7 AL NAACP Declaration)(Mollman, Alison) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

PACER
13

NOTICE of Appearance by Alexander Barrett Bowdre on behalf of Kay Ivey (Bowdre, Alexander) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

PACER
14

NOTICE of Appearance by Jay M Ezelle on behalf of Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort (Ezelle, Jay) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
15

NOTICE of Appearance by Samuel Arthur Cochran on behalf of Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort (Cochran, Samuel) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
16

NOTICE of Appearance by Cole Robinson Gresham on behalf of Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort (Gresham, Cole) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
17

TEXT ORDER: This case is hereby set for a Telephone Conference on Monday, 2/3/2025 at 3:00 PM, before Judge Madeline Hughes Haikala, Call-in information will be sent by separate email. Signed by Judge Madeline Hughes Haikala on 12/31/2025. (CLC) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
18

TEXT ORDER: The Court cancels today's telephone conference and reschedules the conference for Wednesday, February 5, 2025, at 3:00 PM. Dial-in information will be shared separately via email. Signed by Judge Madeline Hughes Haikala on 2/3/2025. (CLC) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

PACER
19

NOTICE of Appearance by George Muirhead on behalf of Kay Ivey (Muirhead, George) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
20

NOTICE of Appearance by James W Davis on behalf of Kay Ivey (Davis, James) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER

Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 2/5/2025. (Court Reporter Leah Turner.) (KWC, )

Feb. 5, 2025

Feb. 5, 2025

PACER
21

TEXT ORDER: The Court sets this matter for a Zoom conference on February 13, 2025, at 11:00 a.m. The Court will provide Zoom information separately via email. Signed by Judge Madeline Hughes Haikala on 2/12/2025. (CLC) (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

PACER

Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 2/13/2025. (Court Reporter Leah Turner.) (KWC, )

Feb. 13, 2025

Feb. 13, 2025

PACER
22

STATUS REPORT JOINT PROPOSED BRIEFING SCHEDULE by Isabella Campos, Richard Fording, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. filed by Isabella Campos, Richard Fording, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP (Mollman, Alison) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

RECAP
23

TEXT ORDER: Plaintiffs have filed a motion for preliminary injunction. (Doc. 12 ). Defendants shall respond to this motion by March 7, 2025. Plaintiffs may file a reply by March 24, 2025. Any motions to dismiss shall be filed by March 25, 2025. Plaintiffs shall file a response to defendants' motion to dismiss by April 18, 2025. Defendants may file a reply by May 2, 2025. Signed by Judge Madeline Hughes Haikala on 3/4/2025. (CLC) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

PACER
24

ORDER: The Court sets this matter for a hearing via Zoom on Thursday, March 13, 2025, at 10:00 AM CST. The parties may present any argument they would like the Court to consider regarding recusal and may offer any authority relevant to the issue. Zoom information will be shared separately via email. Signed by Judge Madeline Hughes Haikala on 3/7/2025. (CLC) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

RECAP
25

Evidentiary Material in Opposition to Plaintiffs' Motion for Preliminary Injunction. (Attachments: # 1 Exhibit Alabama Act 2024-34)(Bowdre, Alexander) (Entered: 03/07/2025)

1 Exhibit Alabama Act 2024-34

View on PACER

March 7, 2025

March 7, 2025

RECAP
26

RESPONSE in Opposition re 12 MOTION for Preliminary Injunction filed by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. (Attachments: # 1 Affidavit Affidavit of Mary Wallace, # 2 Affidavit Affidavit of James T. Dalton)(Ezelle, Jay) (Entered: 03/07/2025)

1 Affidavit Affidavit of Mary Wallace

View on PACER

2 Affidavit Affidavit of James T. Dalton

View on PACER

March 7, 2025

March 7, 2025

RECAP
27

RESPONSE in Opposition re 12 MOTION for Preliminary Injunction filed by Kay Ivey. (Bowdre, Alexander) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

RECAP
28

Transcript of Proceedings - Telephone Conference held on February 5, 2025, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Leah S. Turner. 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 through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/31/2025. Redacted Transcript Deadline set for 4/10/2025. Release of Transcript Restriction set for 6/8/2025. (KAM) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
29

Transcript of Proceedings- Video Teleconference held on February 13, 2025, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Leah S. Turner. 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 through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/31/2025. Redacted Transcript Deadline set for 4/10/2025. Release of Transcript Restriction set for 6/8/2025. (KNS) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER

Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Motion Hearing held on 3/13/2025; written order to be entered. (Court Reporter Leah Turner.) (KWC, )

March 13, 2025

March 13, 2025

PACER
30

MOTION for Leave to File Consolidated Reply Memorandum by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. (Attachments: # 1 Text of Proposed Order)(Mollman, Alison) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
31

REPLY to Response to Motion re 12 MOTION for Preliminary Injunction filed by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. (Attachments: # 1 Supplement - Declaration of Sydney Testman)(Mollman, Alison) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
32

MOTION to Dismiss by Kay Ivey. (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Bowdre, Alexander) (Entered: 03/25/2025)

1 Memorandum in Support of Motion to Dismiss

View on RECAP

March 25, 2025

March 25, 2025

RECAP
33

MOTION to Dismiss by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Cochran, Samuel) (Entered: 03/25/2025)

1 Memorandum in Support of Motion to Dismiss

View on RECAP

March 25, 2025

March 25, 2025

RECAP
34

TEXT ORDER: The plaintiffs have filed an unopposed motion for leave to file a consolidated reply brief and request that they be permitted to file such reply as an oversized brief. (Doc. 40 ). The Court grants this motion. Plaintiffs shall please file their reply brief by March 31, 2025. The Clerk of Court shall please TERM Doc. 30 . Signed by Judge Madeline Hughes Haikala on 3/26/2025. (CLC) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

PACER
35

TEXT ORDER: Having carefully studied the recusal issue in this case, the Court concludes that 28 U.S.C. 455 does not require the undersigned's recusal, but on the record in this case, out of an abundance of caution and to avoid any potential appearance of impropriety, the undersigned recuses and directs the Clerk of Court to randomly reassign this case to another judicial officer. Signed by Judge Madeline Hughes Haikala on 4/9/2025. (CLC) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
36

Case Reassigned to Judge R David Proctor. Judge Madeline Hughes Haikala no longer assigned to the case. (CLC) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
37

TEXT ORDER - This matter is SET for an in-person status conference on Wednesday, April 16, 2025, at 2:30 PM in the chambers of the undersigned. Counsel SHALL be prepared to discuss the pending motions in this case as well as how this case should proceed. Signed by Judge R David Proctor on 04/10/2025. (CLD) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
38

NOTICE of Appearance by Laurel Ann Hattix on behalf of All Plaintiffs (Hattix, Laurel) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER

Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 4/16/2025. Case discussions. Initial order to be entered. Joint report on organization and finding of facts and inclusion of law due by May 16, 2025. Order to be entered by the court. (Court Reporter None) (KSS)

April 16, 2025

April 16, 2025

PACER
39

INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 04/17/2025. (CLD) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

RECAP
40

ORDER: As discussed during the status conference on April 16,2025, on or before May 16, 2025, the parties SHALL meet and confer and SHALL file a joint report as set out in the order. Additionally, on or before May 16, 2025, Plaintiffs SHALL file supplemental briefing on whether Plaintiff The Alabama State Conference of the NAACP has Article III standing (specifying whether such standing is organizational or individual). Plaintiffs SHALL also file an evidentiary record to substantiate any allegations that Professor-Plaintiffs were explicitly told that they should change or cancel specific courses. If these documents must be filed under seal, the parties SHALL first file a motion requesting that the record be sealed. Signed by Judge R David Proctor on 04/17/2025. (CLD) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

RECAP
41

Unopposed MOTION for Leave to File Consolidated Response Memorandum by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. (Mollman, Alison) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
42

TEXT ORDER: This matter is before the court on Plaintiffs' Unopposed Motion for Leave to File a Consolidated Response Memorandum. 41 . The Motion 41 is GRANTED. Plaintiffs may file a consolidated response memorandum addressing the pending motions to dismiss 32, 33 and their brief may be up to fifty (50) pages in length. Signed by Judge R David Proctor on 04/18/2025. (CLD) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
43

RESPONSE in Opposition re 33 MOTION to Dismiss, 32 MOTION to Dismiss filed by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. (Mollman, Alison) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
44

Unopposed MOTION for Leave to File Excess Pages Unopposed Motion to Exceed Page Limit by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. (Cochran, Samuel) Modified on 5/1/2025 (KAM, ). (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
45

Unopposed MOTION for Leave to File Excess Pages by Kay Ivey. (Bowdre, Alexander) Modified on 5/1/2025 (KAM, ). (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
46

TEXT ORDER - This matter is before the court on the Board Defendants' Unopposed Motion to Exceed Page Limit. 44 . The Motion 44 is GRANTED. The Board Defendants may file a reply brief that is up to twenty (20) pages in length. Signed by Judge R David Proctor on 4/30/2025. (KAM) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
47

TEXT ORDER - This matter is before the court on the Unopposed Motion for Ten Extra Pages for Reply in Support of Motion to Dismiss by Defendant Kay Ivey. 45 . The Motion 45 is GRANTED. Defendant Ivey may file a reply brief that is up to twenty (20) pages in length. Signed by Judge R David Proctor on 5/1/2025. (KNS) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER
48

REPLY to Response to Motion re 33 MOTION to Dismiss filed by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. (Cochran, Samuel) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

RECAP
49

REPLY to Response to Motion re 32 MOTION to Dismiss filed by Kay Ivey. (Bowdre, Alexander) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

RECAP
50

Joint MOTION for Extension of Time to File the Parties' Joint Report by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. (Cochran, Samuel) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER
51

TEXT ORDER - Before the court is the parties' Joint Motion to Extend Deadline for the Parties' Joint Report 50 . The Motion 50 is GRANTED. The deadline for parties to file their joint report is EXTENDED to May 21, 2025.(CLD) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER
52

Unopposed MOTION for Extension of Time for Plaintiffs' Supplementary Briefing by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. (Mollman, Alison) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER
53

TEXT ORDER - Before the court is Plaintiffs' Unopposed Motion to Extend Deadline for Plaintiffs' Supplementary Briefing 52 . The Motion 52 is GRANTED. The deadline for Plaintiffs to file their supplementary briefing is EXTENDED to May 21, 2025. Signed by Judge R David Proctor on 05/19/2025. (CLD) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

PACER
54

ORDER: This matter is before the court on Plaintiffs' Motion for Preliminary Injunction (Doc. # 12 ) and Defendants' Motions to Dismiss. (Docs. # 32, 33 ). The court SETS this matter for an evidentiary hearing on the three pending motions on Wednesday, June 25, 2025 at 9:00 A.M. to continue into Thursday, June 26, 2025 before the undersigned in the Special Proceedings courtroom located on the 8th floor of the Hugo L. Black United States Courthouse, located at 1729 5th Avenue North, Birmingham, Alabama 35203. Signed by Judge R David Proctor on 05/21/2025. (CLD) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

RECAP
55

Evidentiary Material Supporting Plaintiffs' Motion for a Preliminary Injunction. (Attachments: # 1 Exhibit Simon Ex. A, # 2 Exhibit Simon Ex. B, # 3 Exhibit Simon Ex. C, # 4 Exhibit Simon Ex. D, # 5 Exhibit Simon Ex. E, # 6 Exhibit Simon Ex. F, # 7 Exhibit Simon Ex. G, # 8 Exhibit Simon Ex. H, # 9 Exhibit Simon Ex. I, # 10 Exhibit Simon Ex. J, # 11 Exhibit Simon Ex. K, # 12 Exhibit Simon Ex. L, # 13 Exhibit Simon Ex. M, # 14 Exhibit Simon Ex. N, # 15 Exhibit Simon Ex. O, # 16 Exhibit Simon Ex. P, # 17 Exhibit Simon Ex. Q, # 18 Exhibit Patton Ex. A, # 19 Exhibit Patton Ex. B, # 20 Exhibit Patton Ex. C, # 21 Exhibit Patton Ex. D, # 22 Exhibit Patton Ex. E, # 23 Exhibit Patton Ex. F, # 24 Exhibit Patton Ex. G, # 25 Exhibit Fording Ex. A, # 26 Exhibit Fording Ex. B, # 27 Exhibit Fording Ex. C, # 28 Exhibit Fording Ex. D, # 29 Exhibit Fording Ex. E, # 30 Exhibit Fording Ex. F, # 31 Exhibit Fording Ex. G, # 32 Exhibit Fording Ex. H, # 33 Exhibit Fording Ex. I, # 34 Exhibit Fording Ex. J, # 35 Exhibit Fording Ex. K, # 36 Exhibit Alabama NAACP Ex. A, # 37 Exhibit Alabama NAACP Ex. B, # 38 Exhibit Alabama NAACP Ex. C, # 39 Exhibit Luna Ex. A, # 40 Exhibit Luna Ex. B, # 41 Exhibit Luna Ex. C, # 42 Exhibit Luna Ex. D, # 43 Exhibit Luna Ex. E, # 44 Exhibit Testman Ex. A, # 45 Exhibit Testman Ex. B)(Mollman, Alison) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
56

Evidentiary Material in Support of Defendants' Proposed Findings of Fact. (Attachments: # 1 Exhibit 1 - Anti-Oppression and Social Justice Fall 2024 Syllabus, # 2 Exhibit 2 - November 12-13, 2024 Email Exchange, # 3 Exhibit 3 - Supplemental Affidavit of James T. Dalton, # 4 Exhibit 4 - UAB Visual Identity Guidelines, # 5 Exhibit 5 - UAB Student Organization Handbook, # 6 Exhibit 6 - Supplemental Affidavit of Mary Wallace, # 7 Exhibit 7 - University of Alabama Faculty Handbook)(Cochran, Samuel) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
57

Brief Plaintiff Alabama NAACP's Supplemental Memorandum Regarding Its Standing to Assert This Action. (Mollman, Alison) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

RECAP
58

Statement of Facts JOINT REPORT OF THE PARTIES by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. filed by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort (Cochran, Samuel) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

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59

MOTION for Leave to Appear Pro Hac Vice for Loreal Hawk by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. (Attachments: # 1 Consent of Sponsor)(Mollman, Alison) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4879184. Paid on behalf of Loreal Hawk. (Mollman, Alison) ALND rec# B-18226 Modified on 6/5/2025 (CLD).

June 5, 2025

June 5, 2025

PACER
60

TEXT ORDER - Before the court is the Motion for Loreal Hawk to Appear Pro Hac Vice 59 . The Motion 59 is GRANTED. Signed by Judge R David Proctor on 06/05/2025. (CLD, ) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

PACER
61

TEXT ORDER: This case is SET for a telephone conference on Friday, June 20, 2025 at 3:00 P.M. to discuss the upcoming evidentiary hearing. Counsel are DIRECTED to dial-in to the conference by calling 205-931-0422. The Conference ID is 250 543 569#. Signed by Judge R David Proctor on 06/17/2025. (CLD) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
62

MOTION to Appoint Counsel Purti Pareek, MOTION for Leave to Appear Pro Hac Vice by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. (Attachments: # 1 Consent of Sponsor, # 2 Certificate of Good Standing)(Mollman, Alison) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4889389. Paid on behalf of Purti Pareek. (Mollman, Alison) ALND rec# B-18563 Modified on 6/18/2025 (CLD).

June 18, 2025

June 18, 2025

PACER
63

TEXT ORDER - Before the court is the Motion for Purti Pareek to Appear Pro Hac Vice 62 . The Motion 62 is GRANTED. Signed by Judge R David Proctor on 06/18/2025. (CLD) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

PACER

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 6/20/2025. Discussions re:evidentiary hearing. (Court Reporter None) (KSS)

June 20, 2025

June 20, 2025

PACER
64

STIPULATION of Dismissal of Plaintiff Isabella Campos by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP. filed by Isabella Campos, Richard Fording, Miguel Luna, Dana Patton, Cassandra Simon, Sydney Testman, The Alabama State Conference of the NAACP (Mollman, Alison) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

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65

ORDER OF DISMISSAL: This case is before the court on the Stipulation of Dismissal of Plaintiff Isabella Campos. (Doc. # 64 ). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), Plaintiff Isabella Campos's claims against all Defendants are hereby DISMISSED WITHOUT PREJUDICE. The parties to this dismissal are to bear their own costs, expenses, and attorney's fees. This dismissal shall not affect any other right, claim, or cause of action which any remaining Plaintiffs have, or may have, against any remaining Defendants. Signed by Judge R David Proctor on 06/23/2025. (CLD) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

RECAP

Minute Entry for proceedings held before Judge R David Proctor: Evidentiary Hearing held on 6/25/2025 re: Motion for Preliminary Injunction. Plaintiffs' testimony begun. Plaintiffs' exhibits offered and admitted 20, 21, 22, 23, 25,26,27,28,32, 34; Simon-1,3,11,10; Fording-35, 36. Defendant Board of Trustees exhibits offered and admitted 8,9,11,12,3. Daily adj. (Court Reporter Pamela Weyant) (KSS)

June 25, 2025

June 25, 2025

PACER
66

TEXT ORDER - This case is SET for oral argument at 9:00 a.m. on Wednesday, July 2, 2025, in Courtroom 8 of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama Signed by Judge R David Proctor on 06/26/2025. (CLD) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER

Minute Entry for proceedings held befge R David Proctor: Evidentiary Hearing held on 6/26/2025. Plaintiffs" testimony resumed; Plaintiffda" testimony completed. Board of Trustees evidence will be submitted to court by vido depositions. No evidence by the Governor. Court adj.. (Court Reporter Pamela Weyant (KSS)

June 26, 2025

June 26, 2025

PACER

Minute Entry for proceedings held befge R David Proctor: Evidentiary Hearing held on 6/26/2025. Plaintiffs" testimony resumed; Plaintiffda" testimony completed. Plaintiffs' exhibits admitted 37,40,42,45,55,56,52,53,54,50,47; exh 32 redacted. Board of Trustees evidence will be submitted to court by video dispositions. Board of Trustees exhibits admitted 11,12,13,14. No evidence by the Governor. Court adj.. (Court Reporter Pamela Weyant (KSS)

June 26, 2025

June 26, 2025

PACER
67

TEXT ORDER: Telephone access to the oral argument set at 9:00 a.m. on Wednesday, July 2, 2025, is available as follows: Dial by your location +1 669 254 5252 US (San Jose) +1 646 964 1167 US (US Spanish Line) +1 646 828 7666 US (New York) +1 669 216 1590 US (San Jose) +1 415 449 4000 US (US Spanish Line) +1 551 285 1373 US (New Jersey) Meeting ID: 160 061 6971 Passcode: 344510. Signed by Judge R David Proctor on 07/01/2025. (CLD) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

PACER

Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 7/2/2025 re 33 MOTION to Dismiss. Oral arguments heard. Parties are to meet and confer and file briefs as indicted on the recored. (Court Reporter Pamela Weyant) (KSS)

July 2, 2025

July 2, 2025

PACER
68

TEXT ORDER: On June 25 and 26, 2025, the court conducted a hearing on Plaintiffs' motion for preliminary injunction, and on July 2, 2025, the court heard oral argument on this matter. Previously, the parties requested the opportunity file briefs at the conclusion of oral argument. As discussed during both the hearing and the oral argument, the parties SHALL file briefs on or before July 23, 2025. Signed by Judge R David Proctor on 07/02/2025. (CLD) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
69

Exhibit List and Exhibits (Evidentiary Hearing July 25, 26, 2025) by Board of Trustees of hte University of Alabama Scott Phelps.. (Attacthnts: Exhibits 1, 2, 3, 4, and 5 video depositions (see original file for thumb-drive), # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14)(KSS) (Entered: 07/07/2025)

5

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July 7, 2025

July 7, 2025

PACER
70

Exhibit List and Exhibits (Evidentiary Hearing July 25 and 26, 2025 by Plaintiffs'.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 10, # 4 Exhibit 11), # 5 Exhibit 12, # 6 Exhibit 20, # 7 Exhibit 21, # 8 Exhibit 22, # 9 Exhibit 23, # 10 Exhibit 25) (KSS, )., # 11 Exhibit 26, # 12 Exhibit 27, # 13 Exhibit 28, # 14 Exhibit 32, # 15 Exhibit 34, # 16 Exhibit 35, # 17 Exhibit 36, # 18 Exhibit 37, # 19 Exhibit 40, # 20 Exhibit 41, # 21 Exhibit 42, # 22 Exhibit 45, # 23 Exhibit 47, # 24 Exhibit 50, # 25 Exhibit 52, # 26 Exhibit, # 27 Exhibit 54, # 28 Exhibit 55, # 29 Exhibit 56) (KSS). (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
71

Transcript of Proceedings held on July 2,2025, before Judge R. David Proctor. Court Reporter/Transcriber Pamela G. Weyant. 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 through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/4/2025. Redacted Transcript Deadline set for 8/14/2025. Release of Transcript Restriction set for 10/12/2025. (CLD) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
72

Transcript of Proceedings of Evidentiary Hearing Vol.I held on June 25, 2025, before Judge R. David Proctor. Court Reporter/Transcriber Pamela G. Weyant. 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 through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/8/2025. Redacted Transcript Deadline set for 8/18/2025. Release of Transcript Restriction set for 10/16/2025. (CLD) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER
73

SEALED Transcript of Evidentiary Hearing Vol.II Proceedings held on June 26, 2025, before Judge R. David Proctor. Court Reporter/Transcriber Pamela G. Weyant. (CLD) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER
74

Brief The Board Defendants' Post-Hearing Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, Kay Ivey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. (Attachments: # 1 Exhibit A - Proposed Stipulation)(Cochran, Samuel) (Entered: 07/23/2025)

1 Exhibit A - Proposed Stipulation

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July 23, 2025

July 23, 2025

RECAP
75

Brief PLAINTIFFS' POST-HEARING MEMORANDUM IN SUPPORT OF THEIR REQUEST FOR PRELIMINARY INJUNCTION. (Mollman, Alison) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
76

Brief Defendant Governor Ivey's Posthearing Brief in Opposition to Plaintiffs' Motion for a Preliminary Injunction. (Bowdre, Alexander) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
77

Brief re 74 Brief, Notice of Supplemental Authority filed by Mike Brock, Karen Brooks, Myla E. Calhoun, Ronald Gray, Jeff Gronberg, O.B. Grayson Hall, Jr, Barbara Humphrey, Kay Ivey, W. Davis Malone, III, Evelyn Vansant Mauldin, Harris Morrissette, Scott Phelps, J. Steven Roy, Kenneth Simon, Marietta Urquhart, Kenneth Vandervoort. (Attachments: # 1 Exhibit A - Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination)(Cochran, Samuel) (Entered: 08/05/2025)

1 Exhibit A - Guidance for Recipients of Federal Funding Regarding Unlawful Discr

View on PACER

Aug. 5, 2025

Aug. 5, 2025

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Speech and Religious Freedom

Education

Key Dates

Filing Date: Jan. 14, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of professors and students at public universities in Alabama and the Alabama NAACP.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Alabama, State

members of the Board of Trustees for the University of Alabama System, State

Defendant Type(s):

Jurisdiction-wide

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Education

School/University Facilities

School/University policies

Discrimination Area:

Disparate Impact

Discrimination Basis:

National origin discrimination

Race discrimination

Religion discrimination

Sex discrimination