Case: Nathan v. Alamo Heights Independent School District

5:25-cv-00756 | U.S. District Court for the Western District of Texas

Filed Date: July 2, 2025

Case Ongoing

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Case Summary

This a case challenging Texas Senate Bill 10 (S.B. 10), which required public schools to display the Ten Commandments in classrooms.   On July 2, 2025, the plaintiffs, a group of Christian, Jewish, Hindu, Unitarian Universalist, and nonreligious families with children enrolled in Texas public school districts (collectively, “the families”), filed this lawsuit in the United States District Court of the Western District of Texas.  Represented by private counsel as well as the ACLU of Texas, the n…

This a case challenging Texas Senate Bill 10 (S.B. 10), which required public schools to display the Ten Commandments in classrooms.  

On July 2, 2025, the plaintiffs, a group of Christian, Jewish, Hindu, Unitarian Universalist, and nonreligious families with children enrolled in Texas public school districts (collectively, “the families”), filed this lawsuit in the United States District Court of the Western District of Texas.  Represented by private counsel as well as the ACLU of Texas, the national ACLU, Americans for the Separation of Church and State, and the Freedom from Religion Foundation, the families sued the school districts under 42 U.S.C. § 1983 for violations of their civil rights under the First and Fourteenth Amendments to the U.S. Constitution; specifically, they alleged that S.B. 10 violated the Establishment and Free Exercise Clauses of the First Amendment, as extended to apply to state laws by the Fourteenth Amendment.. The complaint sought a declaratory judgement that S.B. 10 is unconstitutional and also sought preliminary and injunctive relief to prevent the defendant school districts from complying with S.B. 10 by displaying the Ten Commandments in classrooms.   The case was assigned to United States District Judge Fred Biery.

On July 14, 2025, the Texas school districts moved to consolidate cases, and the motion was denied on July 22, 2025, with a preliminary injunction hearing scheduled for August 15.  On July 29, 2025, the plaintiffs moved to dismiss on the grounds that the families’’ claims were not ripe for adjudication, they lacked standing, and they failed to state a claim for relief; the school districts also argued that plaintiffs were likewise not entitled to a preliminary injunction.

On August 15, 2025, a hearing was held on the families’’ motion for a preliminary injunction and the school districts’’ motion for dismissal. On August 19, 2025, one of the defendants, the Austin Independent School District, filed an order of dismissal without prejudice. In light of Supreme Court and Fifth Circuit precedent regarding the Establishment and Free Exercise clauses of the First Amendment, the Austin Independent School District agreed to adhere to any injunction issued by the court and disclaimed any intention to adhere to S.B. 10 while litigation is pending.

On August 20, 2025, Judge Bier denied defendants’ motion to dismiss and granted the families’ motion for a preliminary injunction, enjoining the defendant school districts from displaying the Ten Commandments pursuant to S.B. 10.  He held that the recent Fifth Circuit decision Rev. Roake v. Brumley, which affirmed the unconstitutionality of a similar law in Louisiana, was binding on the court and that S.B. 10 constituted religious coercion of students.

The school districts gave a notice of interlocutory appeal of the denial and the preliminary injunction on August 25, 2025.

Summary Authors

Geoffrey Moseley (9/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70692182/parties/nathan-v-alamo-heights-independent-school-district/


Judge(s)

Biery, Samuel Frederick (Texas)

Attorney for Plaintiff

Buser-Clancy, Thomas Paul (Texas)

Crow, Kristen (Texas)

Elliott, Patrick C. (Texas)

Attorney for Defendant

Farrell, William Howard (Texas)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
5

5:25-cv-00756

Notice of Constitutional Challenge to State Statute

July 2, 2025

July 2, 2025

Other
3

5:25-cv-00756

Plaintiffs' Motion or Preliminary Injunction

Nathan v. Alamo Heights Independent School

July 2, 2025

July 2, 2025

Pleading / Motion / Brief
1

5:25-cv-00756

Complaint for Declaratory and Injunctive Relief

Nathan v. Alamo Heights Independent School

July 2, 2025

July 2, 2025

Complaint
43

5:25-cv-00756

Order on Motion to Consolidate Cases

July 22, 2025

July 22, 2025

Order/Opinion
46

5:25-cv-00756

Defendants' Motion to Dismiss and Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

Nathan v. Alamo Heights Independent School

July 29, 2025

July 29, 2025

Pleading / Motion / Brief
77

5:25-cv-00756

Order of Dismissal Without Prejudice of Defendant Austin Independent School District

Nathan v. Alamo Heights Independent School

Aug. 19, 2025

Aug. 19, 2025

Order/Opinion
78

5:25-cv-00756

Order Concerning Plaintiffs' Motion for Preliminary Injunction and Defendants' Motion to Dismiss

Nathan v. Alamo Heights Independent School

Aug. 20, 2025

Aug. 20, 2025

Order/Opinion

2025 WL 2417589

79

5:25-cv-00756

Defendants' Notice of Appeal

Nathan v. Alamo Heights Independent School

Aug. 21, 2025

Aug. 21, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70692182/nathan-v-alamo-heights-independent-school-district/

Last updated Sept. 29, 2025, 9:14 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-20407956), filed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. (Attachments: # 1 Civil Cover Sheet)(Youngwood, Jonathan) (Entered: 07/02/2025)

1 Civil Cover Sheet

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July 2, 2025

July 2, 2025

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Youngwood, Jonathan) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

Clearinghouse
3

MOTION for Preliminary Injunction by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Youngwood, Jonathan) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

Clearinghouse
4

APPENDIX to 3 MOTION for Preliminary Injunction by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Exhibit 1 - Tex. Senate Bill No. 10, # 2 Declaration of Rabbi Mara Nathan, # 3 Declaration of Virginia Galaviz Eisenberg, # 4 Declaration of Ron Eisenberg, # 5 Declaration of Cantor Seth Ettinger, # 6 Declaration of Sarah Ettinger, # 7 Declaration of Elizabeth Lemaster, # 8 Declaration of Carah Helwig, # 9 Declaration of Alyssa Martin, # 10 Declaration of Cody Barker, # 11 Declaration of Lauren Erwin, # 12 Declaration of Pastor James Griffin Martin, # 13 Declaration of Abigail Martin, # 14 Declaration of Rebekah Lowe, # 15 Declaration of Theodore Lowe, # 16 Declaration of Marissa Norden, # 17 Declaration of Wiley Norden, # 18 Declaration of Rabbi Joshua Fixler, # 19 Declaration of Reverend Cynthia Mood, # 20 Declaration of Cheryl Rebecca Smith, # 21 Declaration of Arvind Chandrakantan, # 22 Declaration of Allison Fitzpatrick, # 23 Declaration of Mara Richards Bim, # 24 Declaration of Steven K. Green, J.D., Ph.D.)(Youngwood, Jonathan) (Entered: 07/02/2025)

1 Exhibit 1 - Tex. Senate Bill No. 10

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2 Declaration of Rabbi Mara Nathan

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3 Declaration of Virginia Galaviz Eisenberg

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4 Declaration of Ron Eisenberg

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5 Declaration of Cantor Seth Ettinger

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6 Declaration of Sarah Ettinger

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7 Declaration of Elizabeth Lemaster

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8 Declaration of Carah Helwig

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9 Declaration of Alyssa Martin

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10 Declaration of Cody Barker

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11 Declaration of Lauren Erwin

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12 Declaration of Pastor James Griffin Martin

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13 Declaration of Abigail Martin

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14 Declaration of Rebekah Lowe

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15 Declaration of Theodore Lowe

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16 Declaration of Marissa Norden

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17 Declaration of Wiley Norden

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18 Declaration of Rabbi Joshua Fixler

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19 Declaration of Reverend Cynthia Mood

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20 Declaration of Cheryl Rebecca Smith

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21 Declaration of Arvind Chandrakantan

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22 Declaration of Allison Fitzpatrick

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23 Declaration of Mara Richards Bim

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24 Declaration of Steven K. Green, J.D., Ph.D.

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July 2, 2025

July 2, 2025

Clearinghouse
5

NOTICE of CONSTITUTIONAL CHALLENGE TO STATE STATUTE by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith (Youngwood, Jonathan) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

Clearinghouse

Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bt)

July 2, 2025

July 2, 2025

If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (bt)

July 2, 2025

July 2, 2025

10

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Jordan Ti Krieger ( Filing fee $ 100 receipt number ATXWDC-20424114) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
11

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Kristen Crow ( Filing fee $ 100 receipt number ATXWDC-20424180) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
12

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Heather L. Weaver ( Filing fee $ 100 receipt number ATXWDC-20424280) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
13

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Alex J. Luchenitser ( Filing fee $ 100 receipt number ATXWDC-20424325) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
14

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Daniel Mach ( Filing fee $ 100 receipt number ATXWDC-20424391) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
15

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Nancy Noet ( Filing fee $ 100 receipt number ATXWDC-20424441) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
16

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Amy Tai ( Filing fee $ 100 receipt number ATXWDC-20424484) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
17

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Jessica Zalph ( Filing fee $ 100 receipt number ATXWDC-20424513) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
18

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Alexandra Zaretsky ( Filing fee $ 100 receipt number ATXWDC-20424577) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
6

Summons Issued as to Alamo Heights Independent School District, Austin Independent School District, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Fort Bend Independent School District, Houston Independent School District, Lackland Independent School District, Lake Travis Independent School District, North East Independent School District, Northside Independent School District, Plano Independent School District. (bt) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
7

NOTICE OF CONSTITUTIONAL CHALLENGE TO STATE STATUTE [CORRECTED] by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith (Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

RECAP
8

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Janet A. Gochman ( Filing fee $ 100 receipt number ATXWDC-20423469) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

1 Proposed Order

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July 7, 2025

July 7, 2025

PACER
9

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re Avia Gridi ( Filing fee $ 100 receipt number ATXWDC-20424017) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER

To be Referred to SA Mag Judge

July 7, 2025

July 7, 2025

Case Assigned/Reassigned

July 7, 2025

July 7, 2025

19

ORDER GRANTING 8 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 9 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 10 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 11 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 12 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 13 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 14 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 15 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 16 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 17 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING 18 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Fred Biery. (bt) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
20

STANDING ORDER IN CIVIL CASES ASSIGNED TO JUDGE FRED BIERY. Signed by Judge Fred Biery. (bt) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
21

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. North East Independent School District served on 7/8/2025, answer due 7/29/2025. (Youngwood, Jonathan) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

PACER
22

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Northside Independent School District served on 7/8/2025, answer due 7/29/2025. (Youngwood, Jonathan) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

PACER
23

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Lackland Independent School District served on 7/8/2025, answer due 7/29/2025. (Youngwood, Jonathan) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

PACER
24

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Fort Bend Independent School District served on 7/8/2025, answer due 7/29/2025. (Youngwood, Jonathan) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

PACER
25

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Houston Independent School District served on 7/8/2025, answer due 7/29/2025. (Youngwood, Jonathan) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

PACER
26

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Lake Travis Independent School District served on 7/8/2025, answer due 7/29/2025. (Youngwood, Jonathan) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

PACER
27

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Plano Independent School District served on 7/8/2025, answer due 7/29/2025. (Youngwood, Jonathan) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

RECAP
28

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Dripping Springs Independent School District served on 7/9/2025, answer due 7/30/2025. (Youngwood, Jonathan) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

PACER
29

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Alamo Heights Independent School District served on 7/10/2025, answer due 7/31/2025. (Youngwood, Jonathan) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
30

MOTION to Consolidate Cases by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, North East Independent School District, Northside Independent School District. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Farrell, William) (Attachment 1 replaced on 7/17/2025, pursuant to Order 37 ) (bt). Modified on 7/17/2025, to edit text (bt). (Entered: 07/14/2025)

1 Exhibit A

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2 Proposed Order

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July 14, 2025

July 14, 2025

PACER
31

MOTION to Strike 30 MOTION to Consolidate Cases Exhibit A by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, North East Independent School District, Northside Independent School District. (Attachments: # 1 Exhibit A, # 2 Proposed Order, # 3 Proposed Order ECF 30)(Farrell, William) (Entered: 07/15/2025)

1 Exhibit A

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2 Proposed Order

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3 Proposed Order ECF 30

View on PACER

July 15, 2025

July 15, 2025

PACER
32

ACKNOWLEDGMENT OF MOTION TO CONSOLIDATE, OBSERVATIONS AND REQUEST FOR COMMENT--The Court looks forward to and appreciates counsels thoughts on the above referenced matters. Counsel shall respond on or before 5 p.m. on July 21, 2025. Signed by Judge Fred Biery. (bt) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
33

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Austin Independent School District served on 7/14/2025, answer due 8/4/2025. (Youngwood, Jonathan) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
34

PRO-SE MOTION for Leave to File Amicus Brief by Carl N. Merkle. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-1, # 4 Exhibit C-2, # 5 Exhibit D, # 6 Exhibit E) (bt) (Entered: 07/16/2025)

July 15, 2025

July 15, 2025

PACER
35

Joint MOTION TO MODIFY BRIEFING SCHEDULE by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Youngwood, Jonathan) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

PACER
36

ORDER GRANTING JOINT MOTION TO MODIFY BRIEFING SCHEDULE AND SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION re 3 MOTION for Preliminary Injunction filed by Reverend Cynthia Mood, Carah Helwig, Marissa Norden, Virginia Galaviz Eisenberg, Allison Fitzpatrick, Cheryl Rebecca Smith, Lauren Erwin, Rabbi Joshua Fixler, Rabbi Mara Nathan, Pastor James Griffin Martin, Elizabeth Lemaster, Alyssa Martin, Cody Barker, Wiley Norden, Mara Richards Bim, Cantor Seth Ettinger, Arvind Chandrakantan, Rebekah Lowe, Sarah Ettinger, Ron Eisenberg, Abigail Martin, Theodore Lowe, Set Motion Hearing for 3 MOTION for Preliminary Injunction ( Motion Hearing set for 8/15/2025 10:00 AM before Judge Fred Biery.) Signed by Judge Fred Biery. (bt) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

RECAP
37

ORDER GRANTING 31 Motion to Strike-- IT IS THEREFORE ORDERED that Defendants, Alamo Heights ISD, North East ISD, Cypress Fairbanks ISd, Northside ISDs Motion to Strike Exhibit A of Defendants Motion to Consolidate (docket no. 31) is GRANTED such that Exhibit A to their motion to consolidate (docket no. 30-1) isSTRICKEN and it is SUBSTITUTED with Exhibit A attached to their motion to strike (docket no. 31-1). Signed by Judge Fred Biery. (bt) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

PACER
38

SUMMONS Returned Executed by Allison Fitzpatrick, Carah Helwig, Virginia Galaviz Eisenberg, Rabbi Joshua Fixler, Rabbi Mara Nathan, Reverend Cynthia Mood, Wiley Norden, Arvind Chandrakantan, Theodore Lowe, Lauren Erwin, Pastor James Griffin Martin, Mara Richards Bim, Rebekah Lowe, Elizabeth Lemaster, Ron Eisenberg, Cody Barker, Abigail Martin, Marissa Norden, Alyssa Martin, Cantor Seth Ettinger, Cheryl Rebecca Smith, Sarah Ettinger. Cypress Fairbanks Independent School District served on 7/16/2025, answer due 8/6/2025. (Youngwood, Jonathan) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER
39

RESPONSE to 32 Order, by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Lackland Independent School District, North East Independent School District, Northside Independent School District. (Attachments: # 1 Exhibit A)(Farrell, William) (Entered: 07/21/2025)

1 Exhibit A

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July 21, 2025

July 21, 2025

PACER
40

RESPONSE to 32 Order, by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Youngwood, Jonathan) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

PACER
41

MOTION to Appear Pro Hac Vice by Jonathan K. Youngwood re V. Noah Gimbel ( Filing fee $ 100 receipt number ATXWDC-20486487) by on behalf of Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Proposed Order)(Youngwood, Jonathan) (Entered: 07/21/2025)

1 Proposed Order

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July 21, 2025

July 21, 2025

PACER
42

ORDER GRANTING 41 Motion to Appear Pro Hac Vice for Attorney V. Noah Gimbel for Cody Barker,V. Noah Gimbel for Mara Richards Bim,V. Noah Gimbel for Arvind Chandrakantan,V. Noah Gimbel for Ron Eisenberg,V. Noah Gimbel for Lauren Erwin,V. Noah Gimbel for Cantor Seth Ettinger,V. Noah Gimbel for Sarah Ettinger,V. Noah Gimbel for Allison Fitzpatrick,V. Noah Gimbel for Rabbi Joshua Fixler,V. Noah Gimbel for Virginia Galaviz Eisenberg,V. Noah Gimbel for Carah Helwig,V. Noah Gimbel for Elizabeth Lemaster,V. Noah Gimbel for Rebekah Lowe,V. Noah Gimbel for Theodore Lowe,V. Noah Gimbel for Abigail Martin,V. Noah Gimbel for Alyssa Martin,V. Noah Gimbel for Pastor James Griffin Martin,V. Noah Gimbel for Reverend Cynthia Mood,V. Noah Gimbel for Marissa Norden,V. Noah Gimbel for Wiley Norden,V. Noah Gimbel for Rabbi Mara Nathan,V. Noah Gimbel for Cheryl Rebecca Smith. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Fred Biery. (bt) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
43

ORDER DENYING 30 Motion to Consolidate Cases--This case will proceed under the current briefing schedule and the preliminary injunction hearing will be held as scheduled on August 15, 2025. Signed by Judge Fred Biery. (bt) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

Clearinghouse
44

MOTION TO EXTEND RESPONSIVE PLEADING DEADLINE & RESPONS by Houston Independent School District. (Attachments: # 1 Proposed Order)(Nichols, Eric) Modified on 7/29/2025, to edit text(bt). (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

PACER
45

PLAINTIFFS RESPONSE IN PARTIAL OPPOSITION TO DEFENDANT HOUSTON INDEPENDENT SCHOOL DISTRICTS MOTION TO EXTEND RESPONSIVE PLEADING DEADLINE to 44 Motion by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Youngwood, Jonathan) Modified on 7/29/2025, to edit text (bt). (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

PACER
46

MOTION to Dismiss and Response in Opposition to Plaintiffs' Motion for Preliminary Injunction by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Fort Bend Independent School District, Lackland Independent School District, Lake Travis Independent School District, North East Independent School District, Northside Independent School District, Plano Independent School District. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Farrell, William) (Entered: 07/29/2025)

1 Exhibit A

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2 Proposed Order

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July 29, 2025

July 29, 2025

Clearinghouse
47

STIPULATION Regarding Defendant Austin Independent School District's Deadline to Answer Plaintiffs' Complaint by Austin Independent School District. (Hamm, Stephanie) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

RECAP
48

DEFENDANT HOUSTON INDEPENDENT SCHOOL DISTRICTS REPLY ON ITS MOTION TO EXTEND RESPONSIVE PLEADING DEADLINE PLEADING DEADLINE by Houston Independent School District. (Nichols, Eric) Modified on 8/4/2025, to edit text (bt). Modified on 8/15/2025, to edit text (bt). (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

PACER
49

NOTICE OF INTENT TO APPEAR ON AUGUST 15, 2025 BY PRO SE AMICUS CURIAE BRIEF FILER, CARL N. MERKLE. (bt) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

PACER
50

ORDER DENYING 34 Motion for Leave to File Amicus Brief Signed by Judge Fred Biery. (bt) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

RECAP
51

ORDER REGARDING MOTION TO EXTEND RESPONSIVE PLEADING DEADLINE, Houston Independent School District answer due 8/28/2025. GRANTED IN PART AND DENIED IN PART 44 MOTION for Extension of Time filed by Houston Independent School District-- any motion to dismiss must be filed on or before August 8, 2025.. Signed by Judge Fred Biery. (bt) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

RECAP
52

ANSWER to 1 Complaint,, by Austin Independent School District.(Hamm, Stephanie) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

RECAP
53

REPLY to Response to Motion, filed by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith, re 3 MOTION for Preliminary Injunction filed by Plaintiff Reverend Cynthia Mood, Plaintiff Carah Helwig, Plaintiff Marissa Norden, Plaintiff Virginia Galaviz Eisenberg, Plaintiff Allison Fitzpatrick, Plaintiff Cheryl Rebecca Smith, Plaintiff Lauren Erwin, Plaintiff Rabbi Joshua Fixler, Plaintiff Rabbi Mara Nathan, Plaintiff Pastor James Griffin Martin, Plaintiff Elizabeth Lemaster, Plaintiff Alyssa Martin, Plaintiff Cody Barker, Plaintiff Wiley Norden, Plaintiff Mara Richards Bim, Plaintiff Cantor Seth Ettinger, Plaintiff Arvind Chandrakantan, Plaintiff Rebekah Lowe, Plaintiff Sarah Ettinger, Plaintiff Ron Eisenberg, Plaintiff Abigail Martin, Plaintiff Theodore Lowe, 46 MOTION to Dismiss and Response in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Defendant Dripping Springs Independent School District, Defendant Cypress Fairbanks Independent School District, Defendant Fort Bend Independent School District, Defendant North East Independent School District, Defendant Lackland Independent School District, Defendant Northside Independent School District, Defendant Lake Travis Independent School District, Defendant Alamo Heights Independent School District, Defendant Plano Independent School District (Attachments: # 1 Appendix, # 2 Declaration of Jordan T. Krieger, # 3 Exhibit 1-53 to Jordan T. Krieger Declaration, # 4 Supplemental DECLARATION of Steven K. Green, J.D., Ph.D.)(Youngwood, Jonathan) (Entered: 08/08/2025)

1 Appendix

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2 Declaration of Jordan T. Krieger

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3 Exhibit 1-53 to Jordan T. Krieger Declaration

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4 Supplemental DECLARATION of Steven K. Green, J.D., Ph.D.

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Aug. 8, 2025

Aug. 8, 2025

PACER
54

MOTION to Exclude PARTIALLY EXPERT REPORT AND TESTIMONY OF PROFESSOR MARK DAVID HALL by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 Exhibit A)(Youngwood, Jonathan) (Entered: 08/08/2025)

1 Exhibit A

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Aug. 8, 2025

Aug. 8, 2025

PACER
55

Unopposed MOTION for Hearing TO BE EXCUSED FROM PARTICIPATION IN AUGUST 15 HEARING by Houston Independent School District. (Attachments: # 1 Proposed Order)(Nichols, Eric) (Entered: 08/11/2025)

1 Proposed Order

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Aug. 11, 2025

Aug. 11, 2025

PACER
56

RESPONSE to Motion, filed by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith, re 55 Unopposed MOTION for Hearing TO BE EXCUSED FROM PARTICIPATION IN AUGUST 15 HEARING filed by Defendant Houston Independent School District (Youngwood, Jonathan) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
57

DEFENDANT'S WITNESS LIST FOR PRELIMINARY INJUNCTION HEARING. (Attachments: # 1 Exhibit List)(Farrell, William) Modified on 8/12/2025, to edit text (bt). (Entered: 08/12/2025)

1 Exhibit List

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Aug. 12, 2025

Aug. 12, 2025

PACER
58

STIPULATION AND PROPOSED ORDER REGARDING THE ADMISSIBILITY OF EVIDENCE AND THE SCOPE OF EXPERT WITNESS EXAMINATION. (Youngwood, Jonathan) (Entered: 08/12/2025)

Aug. 12, 2025

Aug. 12, 2025

PACER
59

REPLY to Response to Motion (Nichols, Eric) (Entered: 08/12/2025)

Aug. 12, 2025

Aug. 12, 2025

PACER
60

WITNESS/EXHIBIT LIST | PLAINTIFFS' WITNESS AND EXHIBIT LISTS. (Youngwood, Jonathan) (Entered: 08/12/2025)

Aug. 12, 2025

Aug. 12, 2025

PACER
61

ORDER DENYING 54 Motion to exclude--The Court will expect any testimony by Professor Hall regarding matters of law to be limited to referring to his report as opposed to extensive rehashing of any legal conclusions. Signed by Judge Fred Biery. (bt) (Entered: 08/13/2025)

Aug. 12, 2025

Aug. 12, 2025

PACER
62

ORDER GRANTING 55 Motion for Hearing--the Court hereby excuses Defendant Houston Independent School District from participation in the scheduled August 15, 2025, hearing before the Court. Signed by Judge Fred Biery. (bt) (Entered: 08/13/2025)

Aug. 12, 2025

Aug. 12, 2025

PACER
63

ORDER RECONSIDERING TIME LIMITS FOR ORAL ARGUMENT. Signed by Judge Fred Biery. (bt) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

RECAP
64

MOTION to Appear Pro Hac Vice Daniel M. Ortner. (Attachments: # 1 Proposed Order)(Farrell, William) (Entered: 08/13/2025)

1 Proposed Order

View on PACER

Aug. 13, 2025

Aug. 13, 2025

PACER
65

ORDER REGARDING STIPULATION AND THE ADMISSIBILITY OF EVIDENCE AND THE SCOPE OF EXPERT WITNESS EXAMINATION. Signed by Judge Fred Biery. (vl) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

PACER
66

ORDER GRANTING 64 Motion to Appear Pro Hac Vice for Attorney Daniel M. Ortner for Alamo Heights Independent School District,Daniel M. Ortner for Plano Independent School District. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Fred Biery. (mgr) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

PACER
67

MOTION for Leave to File Amicus Briefof Texas Values by David S Lill.. (Attachments: # 1 Brief Brief of the Amicus Curiae - Texas Values)(Lill, David) (Entered: 08/14/2025)

1 Brief Brief of the Amicus Curiae - Texas Values

View on PACER

Aug. 14, 2025

Aug. 14, 2025

PACER
68

ORDER GRANTING 67 Motion for Leave to File Amicus Brief Signed by Judge Fred Biery. (vnd) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

PACER
69

AMICUS CURIAE BRIEF OF TEXAS VALUES IN Opposition to Motion, filed by Texas Values, re 3 MOTION for Preliminary Injunction filed by Plaintiff Reverend Cynthia Mood, Plaintiff Carah Helwig, Plaintiff Marissa Norden, Plaintiff Virginia Galaviz Eisenberg, Plaintiff Allison Fitzpatrick, Plaintiff Cheryl Rebecca Smith, Plaintiff Lauren Erwin, Plaintiff Rabbi Joshua Fixler, Plaintiff Rabbi Mara Nathan, Plaintiff Pastor James Griffin Martin, Plaintiff Elizabeth Lemaster, Plaintiff Alyssa Martin, Plaintiff Cody Barker, Plaintiff Wiley Norden, Plaintiff Mara Richards Bim, Plaintiff Cantor Seth Ettinger, Plaintiff Arvind Chandrakantan, Plaintiff Rebekah Lowe, Plaintiff Sarah Ettinger, Plaintiff Ron Eisenberg, Plaintiff Abigail Martin, Plaintiff Theodore Lowe (vnd) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

PACER
71

Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing held on 8/15/2025 re 3 MOTION for Preliminary Injunction filed by Reverend Cynthia Mood, Carah Helwig, Marissa Norden, Virginia Galaviz Eisenberg, Allison Fitzpatrick, Cheryl Rebecca Smith, Lauren Erwin, Rabbi Joshua Fixler, Rabbi Mara Nathan, Pastor James Griffin Martin, Elizabeth Lemaster, Alyssa Martin, Cody Barker, Wiley Norden, Mara Richards Bim, Cantor Seth Ettinger, Arvind Chandrakantan, Rebekah Lowe, Sarah Ettinger, Ron Eisenberg, Abigail Martin, Theodore Lowe, 46 MOTION to Dismiss and Response in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Dripping Springs Independent School District, Cypress Fairbanks Independent School District, Fort Bend Independent School District, North East Independent School District, Lackland Independent School District, Northside Independent School District, Lake Travis Independent School District, Alamo Heights Independent School District, Plano Independent School District (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(bt) (Entered: 08/18/2025)

Aug. 15, 2025

Aug. 15, 2025

PACER
70

Transcript filed of Proceedings held on 8/15/2025, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: (210)244-5036 Email: Chris_Poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/8/2025, Redacted Transcript Deadline set for 9/16/2025, Release of Transcript Restriction set for 11/14/2025, (cp) (Entered: 08/16/2025)

Aug. 16, 2025

Aug. 16, 2025

PACER
72

Witness List as to Plaintiffs and Defendants. (bt) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

PACER
73

Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing held on 8/18/2025 re 3 MOTION for Preliminary Injunction filed by Reverend Cynthia Mood, Carah Helwig, Marissa Norden, Virginia Galaviz Eisenberg, Allison Fitzpatrick, Cheryl Rebecca Smith, Lauren Erwin, Rabbi Joshua Fixler, Rabbi Mara Nathan, Pastor James Griffin Martin, Elizabeth Lemaster, Alyssa Martin, Cody Barker, Wiley Norden, Mara Richards Bim, Cantor Seth Ettinger, Arvind Chandrakantan, Rebekah Lowe, Sarah Ettinger, Ron Eisenberg, Abigail Martin, Theodore Lowe (Minute entry documents are not available electronically.). (Court Reporter Angela Hailey.)(bt) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

PACER
74

Transcript filed of Proceedings held on 8/18/25, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Angela Hailey, Telephone number: 2102445048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/9/2025, Redacted Transcript Deadline set for 9/19/2025, Release of Transcript Restriction set for 11/17/2025, (Hailey, Angela) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

PACER
75

STIPULATION of Dismissal Joint Proposed Order of Dismissal of Defendant Austin Independent School District. (Hamm, Stephanie) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

RECAP
77

ORDER OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANT AUSTIN INDEPENDENT SCHOOL DISTRICT--IT IS FURTHER ORDERED that ORDERED that pending this Courts issuance of a decision on the pending Motion for a Preliminary Injunction, the Austin District shall not allow its schools to comply with S.B. 10. IT IS FURTHER ORDERED that the Austin District shall be subject to and bound by any orderor injunction issued by this Court or any appellate or other court enjoining the implementation of S.B. 10, as if Defendant Austin District was still a defendant in this matter. Signed by Judge Fred Biery. (bt) (Entered: 08/20/2025)

Aug. 19, 2025

Aug. 19, 2025

Clearinghouse
77

ORDER OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANT AUSTIN INDEPENDENT SCHOOL DISTRICT--IT IS FURTHER ORDERED that ORDERED that pending this Courts issuance of a decision on the pending Motion for a Preliminary Injunction, the Austin District shall not allow its schools to comply with S.B. 10. IT IS FURTHER ORDERED that the Austin District shall be subject to and bound by any orderor injunction issued by this Court or any appellate or other court enjoining the implementation of S.B. 10, as if Defendant Austin District was still a defendant in this matter. Signed by Judge Fred Biery. (bt) (Entered: 08/20/2025)

Aug. 19, 2025

Aug. 19, 2025

Clearinghouse
76

NOTICE of NEW EVIDENCE (Attachments: # 1 Exhibit 1)(Youngwood, Jonathan) (Entered: 08/20/2025)

1 Exhibit 1

View on PACER

Aug. 20, 2025

Aug. 20, 2025

PACER
78

ORDER DENYING 46 Motion to Dismiss; GRANTING 3 Motion for Preliminary Injunction--IT IS THEREFORE ORDERED that Defendants Motion to Dismiss (contained within docket no. 46) is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion for Preliminary Injunction (docket no. 3) is GRANTED such that Defendants and their officers, agents, affiliates, subsidiaries, servants,employees, successors, and all other persons or entities in active concert or privity or participation with them, are PRELIMINARILY ENJOINED from displaying the Ten Commandments pursuant to S.B. 10. Signed by Judge Fred Biery. (bt) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

Clearinghouse
79

Appeal of Order entered by District Judge 78 ( Filing fee $ 605 receipt number ATXWDC-20616825) (Farrell, William) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

Clearinghouse
80

Amended Appeal of Order entered by District Judge 78 No filing fee submitted (Farrell, William) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

RECAP
81

TRANSCRIPT REQUEST by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Lackland Independent School District, Lake Travis Independent School District, North East Independent School District, Northside Independent School District, Plano Independent School District for dates of 8/15/2025. Proceedings Transcribed: Motion Hearing. Court Reporter: Christopher Paoge.. (Farrell, William)***Modified TEXT on 8/26/2025 (dtg).***TRANSCRIPT IS ALREADY ON FILE IN THE CLERK'S OFFICE, SEE DOCKET ENTRY 70, MOTION HEARING OF 8/15/2025 BEFORE JUDGE FRED BIERY, COURT REPORTER: CHRIS POAGE.*** (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

PACER
82

TRANSCRIPT REQUEST by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Fort Bend Independent School District, Lackland Independent School District, Lake Travis Independent School District, North East Independent School District, Northside Independent School District, Plano Independent School District for dates of 8/18/2025. Proceedings Transcribed: Motion Hearing. Court Reporter: Angela Hailey.. (Farrell, William)***Modified TEXT on 8/26/2025 (dtg).***TRANSCRIPT IS ALREADY ON FILE IN THE CLERK'S OFFICE, SEE DOCKET ENTRY 74, MOTION HEARING OF 8/18/2025 BEFORE JUDGE FRED BIERY, COURT REPORTER: ANGELA HAILEY.*** (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

PACER

NOTICE OF INTERLOCUTORY APPEAL as to 78 Order on Motion to Dismiss,,, Order on Motion for Preliminary Injunction, by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Fort Bend Independent School District, Lackland Independent School District, Lake Travis Independent School District, North East Independent School District, Northside Independent School District, Plano Independent School District. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (bt)

Aug. 25, 2025

Aug. 25, 2025

Notice of Appeal - Interlocutory

Aug. 25, 2025

Aug. 25, 2025

AMENDED NOTICE OF INTERLOCUTORY APPEAL as to 78 Order on Motion to Dismiss,,, Order on Motion for Preliminary Injunction, by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Fort Bend Independent School District, Lackland Independent School District, Lake Travis Independent School District, North East Independent School District, Northside Independent School District, Plano Independent School District. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (bt)

Aug. 25, 2025

Aug. 25, 2025

83

ANSWER to 1 Complaint,, by Houston Independent School District.(Johnson, John) (Entered: 08/28/2025)

Aug. 28, 2025

Aug. 28, 2025

RECAP
84

COPY of Letter of transmittal from USCA to Mr. William Howard Farrell and Mr. William R. Peterson, received for 79 Notice of Appeal - Interlocutory, filed by Dripping Springs Independent School District, Northside Independent School District, Cypress Fairbanks Independent School District, Fort Bend Independent School District, Lake Travis Independent School District, Alamo Heights Independent School District, North East Independent School District, Lackland Independent School District, Plano Independent School District, [80) AMENDED Notice of Appeal - Interlocutory, filed by Dripping Springs Independent School District, Northside Independent School District, Cypress Fairbanks Independent School District, Fort Bend Independent School District, Lake Travis Independent School District, Alamo Heights Independent School District, North East Independent School District, Lackland Independent School District, Plano Independent School District.***We have docketed the appeal as shown above, and ask you to use the case number above in future inquiries.*** (dtg) (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

RECAP
85

PLAINTIFF'S/DEFENDANT'S EXHIBITS RECEIPT by Alamo Heights Independent School District, Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Fort Bend Independent School District, Virginia Galaviz Eisenberg, Carah Helwig, Houston Independent School District, Lackland Independent School District, Lake Travis Independent School District, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, North East Independent School District, Northside Independent School District, Plano Independent School District, Rabbi Mara Nathan, Cheryl Rebecca Smith. (bt) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

PACER
86

TRIAL EXHIBITS TO PRELIMINARY INJUNCTION HEARING OF 8/15/2025 AND 8/18/2025 by Alamo Heights Independent School District, Cypress Fairbanks Independent School District, Dripping Springs Independent School District, Fort Bend Independent School District, Lackland Independent School District, Lake Travis Independent School District, North East Independent School District, Northside Independent School District, Plano Independent School District. (Attachments: # 1 D-1, # 2 D-2, # 3 D-3, # 4 D-4, # 5 D-11, # 6 D-12, # 7 D-13, # 8 D-14, # 9 D-15)(dtg) (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

PACER
87

TRIAL EXHIBITS TO PRELIMINARY INJUNCTION HEARING OF 8/15/2025 AND 8/18/2025 by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith. (Attachments: # 1 P-1, # 2 P-2, # 3 P-3, # 4 P-4, # 5 P-5, # 6 P-6, # 7 P-7, # 8 P-8, # 9 P-9, # 10 P-10, # 11 P-11, # 12 P-12, # 13 P-13)(dtg) (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

PACER
88

TRIAL EXHIBITS TO PRELIMINARY INJUNCTION HEARING OF 8/15/2025 AND 8/18/2025 by Cody Barker, Mara Richards Bim, Arvind Chandrakantan, Ron Eisenberg, Lauren Erwin, Cantor Seth Ettinger, Sarah Ettinger, Allison Fitzpatrick, Rabbi Joshua Fixler, Virginia Galaviz Eisenberg, Carah Helwig, Elizabeth Lemaster, Rebekah Lowe, Theodore Lowe, Abigail Martin, Alyssa Martin, Pastor James Griffin Martin, Reverend Cynthia Mood, Marissa Norden, Wiley Norden, Rabbi Mara Nathan, Cheryl Rebecca Smith.***P-14*** (Attachments: # 1 P-15, # 2 P-16, # 3 P-17, # 4 P-18, # 5 P-19, # 6 P-20, # 7 P-21, # 8 P-22, # 9 P-23, # 10 P-24, # 11 P-25, # 12 P-26)(dtg) (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

PACER
89

Exhibits

Sept. 19, 2025

Sept. 19, 2025

PACER
90

Exhibits

Sept. 19, 2025

Sept. 19, 2025

PACER
91

Exhibits

Sept. 19, 2025

Sept. 19, 2025

PACER
92

Exhibits

Sept. 19, 2025

Sept. 19, 2025

PACER

Case Details

State / Territory:

Texas

Case Type(s):

Speech and Religious Freedom

Education

Key Dates

Filing Date: July 2, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Christian, Jewish, Hindu, Unitarian Universalist, and nonreligious families, including clergy, with children enrolled in Texas public school districts

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas, State

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Other Dockets:

Western District of Texas 5:25-cv-00756

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Education

Religious programs / policies

School/University policies

Affected Religion(s):

Buddhism

Catholicism

Christianity

Hinduism

Islam

Judaism

Other/Unspecified

Sikhism