Case: Texas A&M Queer Empowerment Council v. Mahomes

Texas A&M v. Mahomes

COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-33021503) filed by Texas A&M Queer Empowerment Council. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet) (Morris, Jt) (Entered: 03/05/2025)

1 Exhibit

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2 Exhibit

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3 Civil Cover Sheet

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Request for Issuance of Summons as to All Defendants, filed. (Morris, Jt) (Entered: 03/05/2025)

MOTION for Temporary Restraining Order by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/26/2025. (Attachments: # 1 Proposed Order, # 2 Proposed Order, # 3 Unredacted attachment) (Morris, Jt) (Entered: 03/05/2025)

1 Proposed Order

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2 Proposed Order

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3 Unredacted attachment

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NOTICE of Appearance by JT Morris on behalf of Texas A&M Queer Empowerment Council, filed. (Morris, Jt) (Entered: 03/06/2025)

MOTION to Appear Pro Hac Vice for Adam Steinbaugh (Fee Paid: $100, receipt number ATXSDC-33032252) by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/27/2025. (Steinbaugh, Adam) (Entered: 03/06/2025)

CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hlc4) (Entered: 03/06/2025)

ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 5/8/2025 at 02:40 PM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: # 1 Attachments) Parties notified. (hlc4) (Entered: 03/06/2025)

1 Attachments

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Referral Judge Selected

Referral Judge Selected: Magistrate Judge Dena Hanovice Palermo randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (hlc4)

NOTICE of Appearance by Ryan G. Kercher on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Kercher, Ryan) (Entered: 03/07/2025)

NOTICE of Appearance by Zachary Berg on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Berg, Zachary) (Entered: 03/07/2025)

NOTICE of Appearance by Mark A. Csoros on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Csoros, Mark) (Entered: 03/07/2025)

WAIVER OF SERVICE Returned Executed as to All Defendants, filed. (Morris, Jt) (Entered: 03/10/2025)

MOTION to Appear Pro Hac Vice for Jeffrey D. Zeman (Fee Paid: $100, receipt number BTXSDC-33046981) by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/31/2025. (Zeman, Jeffrey) (Entered: 03/10/2025)

CORPORATE DISCLOSURE STATEMENT by Texas A&M Queer Empowerment Council, filed. (Morris, Jt) (Entered: 03/10/2025)

ORDER granting 5 Motion for Adam B. Steinbaugh to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/10/2025)

ORDER granting 12 Motion for Jeffrey D. Zenman to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/10/2025)

NOTICE of Setting. Parties notified. Motion Hearing set for 3/18/2025 at 09:00 AM in Courtroom 11B before Judge Lee H Rosenthal, filed. (gmh4) (Entered: 03/10/2025)

Joint MOTION to Expedite Briefing Schedule on Motion for TRO/Preliminary Injunction by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/31/2025. (Attachments: # 1 Proposed Order) (Morris, Jt) (Entered: 03/10/2025)

1 Proposed Order

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Summons Issued as to Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III. Issued summons delivered to plaintiff by NEF, filed. (mew4) (Entered: 03/11/2025)

Summons Issued/Not Issued

Summons Not Issued as to William Mahomes due to these deficiencies: Style do not match case. Attorney or Plaintiff notified of deficiencies by NEF, filed. (mew4)

ORDER Setting Expedited Briefing Schedule granting 17 . Responses due by 3/13/2025. Replies due by 3/17/2025. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/12/2025)

RESPONSE to 3 MOTION for Temporary Restraining Order filed by Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank. (Berg, Zachary) (Entered: 03/13/2025)

Other EXHIBITS re: 20 Response to Motion, by Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M) (Berg, Zachary) (Entered: 03/14/2025)

1 Exhibit B

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2 Exhibit C

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3 Exhibit D

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4 Exhibit E

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5 Exhibit F

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6 Exhibit G

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7 Exhibit H

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8 Exhibit I

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9 Exhibit J

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10 Exhibit K

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11 Exhibit L

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12 Exhibit M

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REPLY in Support of 3 MOTION for Temporary Restraining Order, filed by Texas A&M Queer Empowerment Council. (Attachments: # 1 Affidavit Declaration of Alexsandria "Alex" Gonce) (Morris, Jt) (Entered: 03/17/2025)

1 Affidavit Declaration of Alexsandria "Alex" Gonce

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Minute Entry for MOTION CONFERENCE held before Judge Lee H Rosenthal on 3/18/2025. The court heard argument on the plaintiff's motion for a temporary restraining order and for a preliminary injunction, as discussed in detail on the record. The court will separately enter a memorandum and opinion resolving the pending motion. Appearances: Adam Steinbaugh, JT Morris, Zachary Berg, Mark Csoros. (Court Reporter: L. Smith) (gmh4)

NOTICE of Errata re: 3 MOTION for Temporary Restraining Order by Texas A&M Queer Empowerment Council, filed. (Steinbaugh, Adam) (Entered: 03/19/2025)

MEMORANDUM AND OPINION. For the reasons stated, the court grants the motion for a preliminary injunction 3 . The Board is enjoined from enforcing the ban. The Draggieland performance scheduled for 3/27/2025, in the Rudder Theatre, may proceed as originally scheduled. The court separately enters an order of injunction under Rule 65(c). No bond is required. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/24/2025)

PRELIMINARY INJUNCTION. This preliminary injunction is effective immediately and remains in effect until further order of this court. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/24/2025)

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 24 Memorandum and Opinion, 25 Preliminary Injunction by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III (Filing fee $ 605, receipt number ATXSDC-33156028), filed. (Berg, Zachary) (Entered: 03/28/2025)

Opposed MOTION to Stay PENDING APPEAL by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. Motion Docket Date 4/18/2025. (Berg, Zachary) (Entered: 03/28/2025)

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 26 Notice of Appeal,. Fee status: Paid, filed. (Attachments: # 1 NOA) (dar1) (Entered: 03/31/2025)

Motion Hearing

Appeal Review Notes

Appeal Review Notes re: 26 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed. (dar1)

Appeal Review Notes re: 26 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Number of DKT-13 Forms expected: 1, filed. (dar1) Modified on 4/1/2025 (dar1).

USCA Case Number

Notice of Assignment of USCA No. 25-20108 re: 26 Notice of Appeal,, filed. (jrl1)

AO 435 TRANSCRIPT REQUEST by Texas A&M Queer Empowerment Council/Adam Steinbaugh for Transcript of MOTION CONFERENCE on 3/18/2025 before Judge Lee H Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Lanie Smith, filed. (Steinbaugh, Adam) (Entered: 04/09/2025)

TRANSCRIPT re: Motion hearing proceedings held on 3/18/2025 before Judge Lee H Rosenthal. Court Reporter/Transcriber Lanie Smith. Release of Transcript Restriction set for 7/9/2025., filed. (LanieSmith, 4) (Entered: 04/10/2025)

Notice of Filing of Official Transcript re: 30 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 04/10/2025)

DKT13 TRANSCRIPT ORDER REQUEST by Zachary Berg. Transcript is already on file in Clerks office regarding Motion Hearing on 3/18/2025 before Judge Rosenthal. (A transcript is requested). Court Reporter/Transcriber: Lanie Smith. This order form relates to the following: 30 Transcript, 26 Notice of Appeal, Motion Hearing,, filed. (Berg, Zachary) (Entered: 04/11/2025)

CORPORATE DISCLOSURE STATEMENT by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Berg, Zachary) (Entered: 04/17/2025)

RESPONSE in Opposition to 27 Opposed MOTION to Stay PENDING APPEAL, filed by Texas A&M Queer Empowerment Council. (Morris, Jt) (Entered: 04/18/2025)

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 26 Notice of Appeal, USCA No. 25-20108, filed. (dlr1)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Record on Appeal Certified

Electronic Access to Record on Appeal Provided re: 26 Notice of Appeal, to Zachary Berg; JT Morris; Adam Steinbaugh & Jeffrey Zeman. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 25-20108), filed. (dlr1)

Opposed MOTION to Stay Proceedings by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. Motion Docket Date 5/15/2025. (Attachments: # 1 Proposed Order) (Berg, Zachary) (Entered: 04/24/2025)

1 Proposed Order

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REPORT of Rule 26(f) Planning Meeting by Texas A&M Queer Empowerment Council, filed. (Attachments: # 1 Proposed Order Proposed Scheduling and Docket Control Order) (Morris, Jt) (Entered: 04/24/2025)

1 Proposed Order Proposed Scheduling and Docket Control Order

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REPLY in Support of 27 Opposed MOTION to Stay PENDING APPEAL, filed by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III. (Csoros, Mark) (Entered: 04/25/2025)

Electronic Access to Record on Appeal Provided re: 26 Notice of Appeal, to Jacob C. Beach. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 25-20108), filed. (dlr1)

Transmittal of Appeal (FORM, noticing) - Civil

ORDER. Plaintiff must respond to defendants' motion for stay by 5/15/2025. Defendants' reply is due 5/22/2025. The initial conference is reset to 5/29/2025 at 02:00 PM by video before Judge Lee H Rosenthal. The court will hear argument on both motions to stay at that hearing. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 04/28/2025)

NOTICE of Resetting. Parties notified. Initial Conference reset for 5/29/2025 at 02:00 PM by video before Judge Lee H Rosenthal, filed. ***The Zoom information can be located on Judge Rosenthal's home page, at the bottom of the page, in the Interactive calendar link. (gmh4) (Entered: 04/28/2025)

ANSWER to 1 Complaint by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Berg, Zachary) (Entered: 05/06/2025)

RESPONSE in Opposition to 35 Opposed MOTION to Stay Proceedings, filed by Texas A&M Queer Empowerment Council. (Morris, Jt) (Entered: 05/15/2025)

NOTICE of Appearance by Wade A. Johnson on behalf of Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Johnson, Wade) (Entered: 05/16/2025)

REPLY in Support of 35 Opposed MOTION to Stay Proceedings, filed by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III. (Johnson, Wade) (Entered: 05/22/2025)

Unopposed MOTION to Stay by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. Motion Docket Date 6/17/2025. (Attachments: # 1 Proposed Order Granting Motion to Stay) (Johnson, Wade) (Entered: 05/27/2025)

1 Proposed Order Granting Motion to Stay

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NOTICE of Withdrawal of Motion to Stay Preliminary Injunction re: 27 Opposed MOTION to Stay PENDING APPEAL by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Johnson, Wade) (Entered: 05/27/2025)

ORDER STAYING CASE granting 44 terminating 27, 35 . This case is stayed pending the Fifth Circuit's ruling or other order disposing of the case mentioned. Within 30 days of the ruling, the parties must jointly report the status. Case terminated on 5/27/2025. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 05/27/2025)

Status Report