Case: United States v. Maine Department of Education

1:25-cv-00173 | U.S. District Court for the District of Maine

Filed Date: April 16, 2025

Case Ongoing

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Case Summary

In this case, the Department of Justice (DOJ) under the second Trump Administration sued the Maine Department of Education (MDOE) in the U.S. District Court for the District of Maine, alleging that MDOE was violating Title IX by allowing boys who identify as girls to participate in girls' sports. In a complaint filed on April 16, 2025, the DOJ alleged that MDOE's "policies and actions are harming girls by denying girls the opportunity to compete in student sports on a level playing field in whi…

In this case, the Department of Justice (DOJ) under the second Trump Administration sued the Maine Department of Education (MDOE) in the U.S. District Court for the District of Maine, alleging that MDOE was violating Title IX by allowing boys who identify as girls to participate in girls' sports. In a complaint filed on April 16, 2025, the DOJ alleged that MDOE's "policies and actions are harming girls by denying girls the opportunity to compete in student sports on a level playing field in which they have the same opportunities as boys." Title IX provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The DOJ pointed to two executive orders signed by President Trump to argue that MDOE was violating Title IX: Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed on January 20, 2025, and Executive Order 14201, “Keeping Men Out of Women’s Sports,” signed on February 5, both of which stated that the term "sex" does not include the concept of "gender identity."

Based on this definition, the DOJ argued that the MDOE, which receives federal funding from the U.S. Department of Education, was violating Title IX. The DOJ requested a declaration stating that the MDOE was violating Title XI and an injunction preventing MDOE from continuing to do so. The DOJ also requested monetary damages based on MDOE's alleged Title IX contractual assurances violations. In its answer to the complaint, filed on May 8, MDOE raised several affirmative defenses: That the complaint failed to state a claim; that the DOJ's claims are barred by the Spending Clause, the separation of powers, the Tenth Amendment, and the Equal Protection and Due Process Clauses; that the United States was acting ultra vires; and that the DOJ's interpretation of Title IX was inaccurate. 

The case was assigned to District Judge Stacey D. Neumann, who set a schedule for the case on June 10, ordering the parties to complete discovery by December 19, 2025, to file any summary judgment motions by February 19, 2026, and to be ready for trial by April 1, 2026. 

This case is ongoing. 

Summary Authors

Jeremiah Price (6/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69899270/parties/united-states-v-maine-department-of-education/


Judge(s)

Nivison, John C. (Maine)

Attorney for Plaintiff

DONNELLY, MATTHEW (Maine)

Attorney for Defendant

FORSTER, SARAH A. (Maine)

PATWARDHAN, KIMBERLY L. (Maine)

Expert/Monitor/Master/Other

CRESWELL, RANDY J. (Maine)

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Documents in the Clearinghouse

Document
1

1:25-cv-00173

Complaint

United States of America v. Maine Department of Education

April 16, 2025

April 16, 2025

Complaint
12

1:25-cv-00173

Answer of the Maine Department of Education

United States of America v. Maine Department of Education

May 8, 2025

May 8, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69899270/united-states-v-maine-department-of-education/

Last updated Aug. 21, 2025, 8:02 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against MAINE DEPARTMENT OF EDUCATION with Jury Demand, filed by UNITED STATES OF AMERICA. (Service of Process Deadline 7/15/2025)(lcb) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

Clearinghouse
2

CIVIL COVER SHEET. (lcb) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
3

Summons Issued as to MAINE DEPARTMENT OF EDUCATION. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (lcb) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
4

SERVICE Returned EXECUTED filed by UNITED STATES OF AMERICA as to MAINE DEPARTMENT OF EDUCATION. (DONNELLY, MATTHEW) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
5

ORDER OF RECUSAL. MAGISTRATE JUDGE JOHN C. NIVISON recused. By MAGISTRATE JUDGE JOHN C. NIVISON. (mtm) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP

Set Answer Deadline for Maine Department of Education : Answer due by 5/8/2025. (cjd)

April 18, 2025

April 18, 2025

PACER

Set/Reset Answer Deadline

April 18, 2025

April 18, 2025

PACER

Case Assigned/Reassigned

April 18, 2025

April 18, 2025

PACER

Case Reassigned to JUDGE STACEY D. NEUMANN and MAGISTRATE JUDGE KAREN FRINK WOLF. (mtm)

April 18, 2025

April 18, 2025

PACER
6

NOTICE of Appearance by SARAH A. FORSTER on behalf of MAINE DEPARTMENT OF EDUCATION (FORSTER, SARAH) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

RECAP
7

NOTICE of Appearance by KIMBERLY L. PATWARDHAN on behalf of MAINE DEPARTMENT OF EDUCATION (PATWARDHAN, KIMBERLY) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
8

NOTICE of Appearance by CHRISTOPHER C. TAUB on behalf of MAINE DEPARTMENT OF EDUCATION (TAUB, CHRISTOPHER) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

RECAP
10

ORDER re 9 NOTICE to Appoint Special Counsel to Investigate and Prosecute, as Necessary, Formal Disciplinary Proceedings Against Matthew J. Donnelly, Esq. for Professional Misconduct and Request for Oral Argument filed by RANDY J CRESWELL. I have considered the filing of Randy J. Creswell, Esq., at ECF No. 9, which I construe as a notice in accordance with D. Me. Local R. 83.3(d)(1). I conclude the appointment of special counsel is not warranted, and no further action on this filing is necessary. By JUDGE STACEY D. NEUMANN. (mtm) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
11

NOTICE of Docket Entry Modification regarding 9 NOTICE to Appoint Special Counsel to Investigate and Prosecute, as Necessary, Formal Disciplinary Proceedings Against Matthew J. Donnelly, Esq. for Professional Misconduct and Request for Oral Argument : This docket entry has been modified in accordance with the Order at ECF#10 to reflect it is a Notice rather than a motion. No response or reply are permitted. (mtm) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
9

NOTICE to Appoint Special Counsel to Investigate and Prosecute, as Necessary, Formal Disciplinary Proceedings Against Matthew J. Donnelly, Esq. for Professional Misconduct and Request for Oral Argument with Certificate of Service by Randy J Creswell Responses due by 5/15/2025. (CRESWELL, RANDY) Modified on 4/24/2025 to update docket text to reflect this is a Notice as construed by Judge Neumann's Order at ECF#10 (mtm). (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

RECAP

Order

April 24, 2025

April 24, 2025

PACER
12

ANSWER to 1 Complaint by MAINE DEPARTMENT OF EDUCATION.(FORSTER, SARAH) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

Clearinghouse
13

SCHEDULING ORDER: Discovery due by 9/25/2025. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 10/2/2025. Motions due by 10/16/2025. Ready for Trial on 12/3/2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (jgd) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

RECAP
14

OBJECTION to 13 Scheduling Order, filed by UNITED STATES OF AMERICA. Responses due by 6/20/2025. (DONNELLY, MATTHEW) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

RECAP

Reset Deadlines as to 14 OBJECTION to 13 Scheduling Order per Judge Wolf: Responses due by 6/6/2025. No reply permitted. (mmy)

May 30, 2025

May 30, 2025

PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 30, 2025

May 30, 2025

PACER
15

NOTICE of Hearing: Conference of Counsel set for 6/10/2025 09:30 AM in VIDEO HEARING before MAGISTRATE JUDGE KAREN FRINK WOLF. (nrg) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER
16

RESPONSE to 14 OBJECTION to 13 Scheduling Order, filed by MAINE DEPARTMENT OF EDUCATION. (Attachments: # 1 Exhibit - A (02/21/2025 Correspondence, # 2 Exhibit - B (03/19/2025 Correspondence), # 3 Exhibit - C (04/11/2025 Correspondence), # 4 Exhibit - D (02/21/2025 Correspondence), # 5 Exhibit - E (02/25/2025 Correspondence), # 6 Exhibit - F (03/28/2025 Correspondence), # 7 Exhibit - G (04/02/2025 Correspondence), # 8 Exhibit - H (02/25/2025 Correspondence))(TAUB, CHRISTOPHER) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

PACER
17

Minute Entry for proceedings held before MAGISTRATE JUDGE KAREN FRINK WOLF: Conference of Counsel held. (Court Reporter: Lori Dunbar) (MGW) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER
18

ORDER granting in part 14 Objection to Scheduling Order. On June 10, 2025, I held a conference with Attorneys Donnelly, Taub, Patwardhan, and Forster to discuss the pretrial deadlines. For the reasons articulated on the record, I granted the Plaintiff's objection to the scheduling order in part and set the following deadlines: initial disclosures due by June 13, 2025; amendment of pleadings/joinder of parties due by September 3, 2025; Plaintiff's expert designation due by September 3, 2025; Defendant's expert designation due by October 27, 2025; Plaintiff's written settlement demand due by December 4, 2025; Defendant's response to written settlement demand due by December 19, 2025; discovery due by December 19, 2025; Local Rule 56(h) notice due by January 30, 2026; dispositive/Daubert/Kumho motions due by February 19, 2026; ready for trial by April 1, 2026. I also expanded the number of depositions permitted to eight per side not including expert depositions. And finally, I ORDERED the parties to meet and confer regarding expert witnesses by July 18, 2025, and, if necessary, file a motion to adjust the expert deadlines by no later than July 25, 2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER

Order on Objection to Scheduling Order

June 10, 2025

June 10, 2025

PACER

Set/Reset Scheduling Order Deadlines

June 10, 2025

June 10, 2025

PACER

Reset Scheduling Order Deadlines - Per Order #18: Discovery due by 12/19/2025. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 1/30/2026. Motions due by 2/19/2026. Ready for Trial on 4/1/2026. (MGW)

June 10, 2025

June 10, 2025

PACER
19

(Access to document is restricted to case participants only) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Redline showing disputed provision)(DONNELLY, MATTHEW) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER
20

Joint MOTION to Amend Scheduling Order by MAINE DEPARTMENT OF EDUCATION Responses due by 8/15/2025. (TAUB, CHRISTOPHER) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

RECAP
21

ORDER granting 20 Motion to Amend Scheduling Order. The expert designation deadlines are amended as requested. Plaintiff shall designate experts by September 3, 2025. Defendant will designate experts by October 3, 2025. Plaintiff shall designate any experts responding to Defendant's experts' opinions by December 2, 2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

PACER

Order on Motion to Amend Scheduling Order

July 25, 2025

July 25, 2025

PACER
22

NOTICE of Hearing: Discovery Conference set for 8/13/2025 03:30 PM in VIDEO HEARING before MAGISTRATE JUDGE KAREN FRINK WOLF. (nrg) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

PACER
23

(Access to document is restricted to case participants only) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by MAINE DEPARTMENT OF EDUCATION (Attachments: # 1 Exhibit Excerpts of Plaintiff's Answers to Interrogatories, # 2 Exhibit Excerpts of Plaintiff's Responses to Document Requests)(TAUB, CHRISTOPHER) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
24

Minute Entry for proceedings held before MAGISTRATE JUDGE KAREN FRINK WOLF: Discovery Hearing held. (Court Reporter: Lori Dunbar) (MGW) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

PACER
25

ORDER re 19 Request for a Hearing Regarding a Discovery Dispute filed by UNITED STATES OF AMERICA; 23 Request for a Hearing Regarding a Discovery Dispute filed by MAINE DEPARTMENT OF EDUCATION. On August 13, 2025, I held a discovery hearing with Attorneys Donnelly, Taub, and Patwardhan. After hearing from the parties, I declined the United States' request to add language to the otherwise agreed-to confidentiality order that would permit each party to unilaterally decide whether to disclose confidential documents for criminal investigation purposes. It seems unlikely that evidence of criminality will be disclosed during discovery in a case such as this that largely turns on differing legal interpretations, and the implicit threat of prosecution may hinder the liberal exchange of information that civil discovery is designed to facilitate. The United States may, of course, challenge confidentiality designations or otherwise seek relief from the confidentiality order if necessary. With regard to the parties' disagreement about the Maine Department of Education's discovery requests relating to the events leading to this lawsuit, I directed the parties to submit letter briefs of no more than five single spaced pages addressing the relevance of the requests. The Department's brief shall be filed by August 22, 2025. The United States' responsive brief shall be filed by September 5, 2025. No reply will be permitted unless otherwise ordered. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

PACER

Order

Aug. 13, 2025

Aug. 13, 2025

PACER

Set Deadlines: Per Order # 25, Defendant's Letter Brief due by 8/22/2025 and Plaintiff's Responsive Letter Brief due by 9/5/2025. (MGW)

Aug. 13, 2025

Aug. 13, 2025

PACER
26

MOTION to Amend 12 Answer to Complaint by MAINE DEPARTMENT OF EDUCATION Responses due by 9/10/2025. (TAUB, CHRISTOPHER) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

RECAP

Case Details

State / Territory: Maine

Case Type(s):

Education

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government (Transgender Rights)

Trump Administration 2.0: Litigation and Investigations Involving the Government (Anti-semitism/DEIA)

Trump Administration 2.0: Litigation and Investigations Involving the Government (Anti-discrimination case)

Key Dates

Filing Date: April 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Department of Justice for the second Trump Administration.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maine Department of Education, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Sports

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

Transgender: Sports