Case: Doe 1 v. Mukwonago Area School District

D.P. v. Mukwonago Area School District

U.S. Court of Appeals for the Seventh Circuit

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

COMPLAINT against All Defendants by Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. ( Filing Fee PAID $402 receipt number BWIEDC-4439323) (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Milton, Alexa)

1 Civil Cover Sheet

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2 Summons

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DISCLOSURE Statement by Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. (Milton, Alexa)

MOTION for Leave to File Under Seal by Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. (Milton, Alexa)

DISCLOSURE Statement by Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Milton, Alexa)

Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. (Attachments: # 1 Brief in Support of Temporary Restraining Order, # 2 ECF 5-34: Declaration of Alexa Milton, # 3 Ex. 1 to Declaration of Alexa Milton, # 4 Ex. 2 to Declaration of Alexa Milton, # 5 Ex. 3 to Declaration of Alexa Milton, # 6 Ex. 4 to Declaration of Alexa Milton, # 7 Ex. 5 to Declaration of Alexa Milton, # 8 Ex. 6 to Declaration of Alexa Milton, # 9 Ex. 7 to Declaration of Alexa Milton, # 10 Ex. 8 to Declaration of Alexa Milton, # 11 Ex. 9 to Declaration of Alexa Milton, # 12 Ex. 10 to Declaration of Alexa Milton, # 13 Ex. 11 to Declaration of Alexa Milton, # 14 Ex. 12 to Declaration of Alexa Milton, # 15 Ex. 13 to Declaration of Alexa Milton, # 16 Ex. 14 to Declaration of Alexa Milton, # 17 Ex. 1 to Declaration of Alexa Milton - Redacted, # 18 Ex. 2 to Declaration of Alexa Milton - Redacted, # 19 Ex. 3 to Declaration of Alexa Milton - Redacted, # 20 Ex. 4 to Declaration of Alexa Milton - Redacted, # 21 Ex. 5 to Declaration of Alexa Milton - Redacted, # 22 Ex. 6 to Declaration of Alexa Milton - Redacted, # 23 Ex. 7 to Declaration of Alexa Milton - Redacted, # 24 Ex. 8 to Declaration of Alexa Milton - Redacted, # 25 Ex. 9 to Declaration of Alexa Milton - Redacted, # 26 Ex. 10 to Declaration of Alexa Milton - Redacted, # 27 Ex. 11 to Declaration of Alexa Milton - Redacted, # 28 Ex. 12 to Declaration of Alexa Milton - Redacted, # 29 Ex. 13 to Declaration of Alexa Milton - Redacted, # 30 Declaration of Jane Doe #2, # 31 Ex. A to Declaration of Jane Doe #2, # 32 Declaration of Jane Doe #2 - Redacted, # 33 Ex. A to Declaration of Jane Doe #2 - Redacted)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Milton, Alexa). Added MOTION for Preliminary Injunction on 7/7/2023 (amh). Modified on 9/19/2023 (edr).

1 Brief in Support of Temporary Restraining Order

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2 Declaration of Alexa Milton

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16 Ex. 14 to Declaration of Alexa Milton

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17 Ex. 1 to Declaration of Alexa Milton - Redacted

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18 Ex. 2 to Declaration of Alexa Milton - Redacted

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19 Ex. 3 to Declaration of Alexa Milton - Redacted

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20 Ex. 4 to Declaration of Alexa Milton - Redacted

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21 Ex. 5 to Declaration of Alexa Milton - Redacted

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22 Ex. 6 to Declaration of Alexa Milton - Redacted

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23 Ex. 7 to Declaration of Alexa Milton - Redacted

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24 Ex. 8 to Declaration of Alexa Milton - Redacted

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25 Ex. 9 to Declaration of Alexa Milton - Redacted

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26 Ex. 10 to Declaration of Alexa Milton - Redacted

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27 Ex. 11 to Declaration of Alexa Milton - Redacted

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28 Ex. 12 to Declaration of Alexa Milton - Redacted

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29 Ex. 13 to Declaration of Alexa Milton - Redacted

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32 Declaration of Jane Doe #2 - Redacted

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33 Ex. A to Declaration of Jane Doe #2 - Redacted

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Notice of Judge Assignment

NOTICE Regarding assignment of this matter to Judge Lynn Adelman; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available here. (amh)

NOTICE of Appearance by Victoria Lynn Davis Davila on behalf of All Plaintiffs. Attorney(s) appearing: Victoria L. Davis Davila (Davis Davila, Victoria)

NOTICE of Appearance by Corinne T Duffy on behalf of All Defendants. Attorney(s) appearing: Joel S. Aziere (Duffy, Corinne)

NOTICE of Appearance by Corinne T Duffy on behalf of All Defendants. Attorney(s) appearing: Corinne T. Duffy (Duffy, Corinne)

RESPONSE to Motion filed by All Defendants re 5 Emergency MOTION for Temporary Restraining Order Defendants' Response in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. (Duffy, Corinne)

NOTICE of Appearance by Joel S Aziere on behalf of All Defendants Mukwonago Area School District. Attorney(s) appearing: Joel S. Aziere (Aziere, Joel) Modified on 7/6/2023 (amh).

NOTICE of Appearance by Alexa Milton on behalf of Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. Attorney(s) appearing: Alexa Milton (Milton, Alexa)

NOTICE of Appearance by Emily Curran on behalf of Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. Attorney(s) appearing: Emily Curran (Curran, Emily)

REPLY BRIEF in Support filed by Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2 re 5 Emergency MOTION for Temporary Restraining Order . (Milton, Alexa)

Notice of Judge Assignment

TEMPORARY RESTRAINING ORDER signed by Judge Lynn Adelman on 07/06/23. IT IS ORDERED that plaintiff's motion for a temporary restraining order is GRANTED. The Mukwonago Area School District, Superintendent Joe Koch, and all officers, employees, and agents of defendants, are hereby restrained from: (1) enforcing against plaintiff any policy, practice, or custom that denies plaintiff access to girls' restrooms at school and school-sponsored events; and (2) taking any formal or informal disciplinary action against plaintiff for using girls' restrooms at school and school-sponsored events. (cc: all counsel)(kmr)

DECISION AND ORDER signed by Judge Lynn Adelman on 07/11/23. IT IS ORDERED that plaintiff's motion for a preliminary injunction (ECF No. 5 ) is GRANTED. The Mukwonago Area School District, Superintendent Joe Koch, and all officers, employees, and agents of defendants, are hereby enjoined from: (1) enforcing against plaintiff any policy, practice, or custom that denies plaintiff access to girls' restrooms at school and school-sponsored events; and (2) taking any formal or informal disciplinary action against plaintiff for using girls' restrooms at school and school-sponsored events. To comply with Federal Rule of Civil Procedure 65(d)(1)(C)'s separate-document requirement, the court will issue a separate order embodying the injunction. See MillerCoors LLC v. Anheuser-Busch Cos., LLC, 940 F.3d 922, 92223 (7th Cir. 2019). IT IS FURTHER ORDERED that plaintiff's motion for leave to file under seal (ECF No. 3 ) is GRANTED. (cc: all counsel)(kmr) (Entered: 07/12/2023)

PRELIMINARY INJUNCTION signed by Judge Lynn Adelman on 07/11/23. (cc: all counsel)(kmr) (Entered: 07/12/2023)

NOTICE of Appearance by Nicholas J Abbott on behalf of Jane Doe #1. Attorney(s) appearing: Nicholas Abbott (Abbott, Nicholas)

Summons Issued

Summons Issued as to Joe Koch (jcl)

REQUEST for Issuance of Summons by Jane Doe #1 (Milton, Alexa)

Summons Issued

Summons Issued as to Mukwonago Area School District (jcl)

SUMMONS Returned Executed by Jane Doe #1. Joe Koch served on 7/17/2023. (Milton, Alexa)

SUMMONS Returned Executed by Jane Doe #1. Mukwonago Area School District served on 7/17/2023. (Milton, Alexa)

MOTION to Proceed Under Pseudonyms by Jane Doe #1. (Milton, Alexa)

NOTICE of Appearance by Gemma Donofrio on behalf of Jane Doe #1. Attorney(s) appearing: Gemma Donofrio (Donofrio, Gemma)

ANSWER to Complaint by All Defendants.(Duffy, Corinne)

Notice of Electronic Filing Error

NOTICE of Electronic Filing Error re 23 Answer to Complaint filed by Mukwonago Area School District, Joe Koch ; All documents should contain the s/signature of the attorney who files the document. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl)

Notice of Electronic Filing Error

NOTICE OF APPEAL as to 15 Order on Motion for Leave to File,,,, Order on Motion for Preliminary Injunction,,, 16 Preliminary Injunction by All Defendants. Filing Fee PAID $505, receipt number AWIEDC-4470320 (cc: all counsel) (Aziere, Joel)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 24 Notice of Appeal. (lmf)

Attorney Cover Letter re: 24 Notice of Appeal, (Attachments: # 1 Docket Sheet)(lmf)

USCA Case Number 23-2568 re: 24 Notice of Appeal, filed by Mukwonago Area School District, Joe Koch. (lmf)

NOTICE of Hearing: IT IS ORDERED that a telephonic Fed. R. Civ. P. 16(b) scheduling conference will be held on September 13, 2023 at 9:45 a.m. The court will initiate the call. The participation of the attorney who will be handling the case is required and their telephone number should be provided in the Rule 26(f) report. (cc: all counsel)(kmr)

NOTICE of Appearance by Glenn Schlactus on behalf of Jane Doe #1. Attorney(s) appearing: Glenn Schlactus (Schlactus, Glenn)

Expedited MOTION to Stay Pending Appeal by Joe Koch, Mukwonago Area School District. (Aziere, Joel)

RESPONSE to Motion filed by Jane Doe #1 re 30 Expedited MOTION to Stay Pending Appeal . (Attachments: # 1 Text of Proposed Order)(Schlactus, Glenn)

Notice of Electronic Filing Error

NOTICE of Electronic Filing Error re 31 Response to Motion filed by Jane Doe #1 ; The Text of Proposed Order should have been filed as an attachment to 30 Expedited Motion to Stay. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl)

Notice of Electronic Filing Error

TEXT ONLY ORDER signed by Judge Lynn Adelman on 8/30/2023 GRANTING 21 Motion to Proceed Under Pseudonyms. (cc: all counsel)(amh)

ORDER signed by Judge Lynn Adelman on 8/30/2023 GRANTING 30 Motion to Stay. (cc: all counsel)(amh)

Order on Motion for Miscellaneous Relief

Unopposed MOTION to Restrict Document ECF 5-2 - Declaration of Alexa Milton by Jane Doe #1. (Attachments: # 1 Text of Proposed Order, # 2 ECF 5-2 - Redacted Declaration of Alexa Milton)(Schlactus, Glenn) Modified on 9/19/2023 (edr).

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ORDER signed by Judge Lynn Adelman on 9/19/2023 granting 34 Unopposed MOTION to Restrict Document ECF 5-2 - Declaration of Alexa Milton. (cc: all counsel)(edr)

NOTICE by Jane Doe #1 of Party Name Change This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schlactus, Glenn)

Joint MOTION to Stay and Joint Status Report by Jane Doe #1. (Attachments: # 1 Text of Proposed Order)(Schlactus, Glenn)

1 Text of Proposed Order

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Unopposed MOTION to Restrict Access to ECF 5-27 and ECF 5-28 by Jane Doe #1. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Abbott, Nicholas)

ORDER signed by Judge Lynn Adelman on 10/26/2023 GRANTING 37 Motion to Stay. Additional details in order. (cc: all counsel)(amh)

ORDER signed by Judge Lynn Adelman on 10/26/2023 GRANTING 38 Motion to Restrict Access to ECF 5-27 and ECF 5-28. (cc: all counsel)(amh) (Entered: 10/27/2023)

Joint MOTION to Stay and Joint Status Report by Jane Doe #1. (Schlactus, Glenn)

ORDER signed by Judge Lynn Adelman on 12/1/2023. IT IS ORDERED that the Motion 41 is granted for good cause shown, and that all proceedings and deadlines in this case are STAYED until the U.S. Court of Appeals for the Seventh Circuit issues an order regarding Defendants' appeal of the preliminary injunction Issued in this case, Dkt. 16, and returns the case to this Court. (cc: all counsel)(amh)

NOTICE of Withdrawal by Glenn Schlactus on behalf of Jane Doe #1.Attorney Gemma Donofrio to be termed. (Schlactus, Glenn)

NOTICE of Withdrawal by Corinne T Duffy on behalf of Joe Koch, Mukwonago Area School District.Attorney Corinne T. Duffy to be termed. (Duffy, Corinne)

NOTICE of Withdrawal by Alexa Milton on behalf of Jane Doe #1.Attorney Emily Curran to be termed. (Milton, Alexa)

NOTICE of Withdrawal by Alexa Milton on behalf of Jane Doe #1.Attorney Nicholas Abbott to be termed. (Milton, Alexa)

NOTICE of Withdrawal by Corinne T Duffy on behalf of Joe Koch.Attorney Corinne T. Duffy to be termed. (Duffy, Corinne)

Terminate Attorney - Notice Parties

Attorney Corinne T Duffy terminated. (jcl)

Terminate Attorney - Notice Parties

Attorney Nicholas J Abbott and Emily Curran terminated. (jcl)

MOTION to Lift Stay by Jane Doe #1. (Attachments: # 1 Exhibit 1, Plaintiff's Proposed Motion to Voluntarily Dissolve Preliminary Injunction, # 2 Text of Proposed Order Granting Motion to Lift Stay)(Milton, Alexa)

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ORDER of USCA re 24 Notice of Appeal, filed by Mukwonago Area School District, Joe Koch. Upon consideration of the motion to suspend supplemental briefing, filed on July 23, 2025, by the appellee, IT IS ORDERED that the motion is DENIED.Appellee is free to dismiss the complaint, and either party is free to file a motion to dismiss the proceedings as moot (and so vacate the preliminary injunction). Further, the district court has our permission to vacate the preliminary injunction if it thinks that step prudent. (ams) (Entered: 07/28/2025)

RESPONSE to Motion filed by All Defendants re 48 MOTION to Lift Stay . (Aziere, Joel)

MOTION to Seal Document by Joe Koch, Mukwonago Area School District. (Aziere, Joel)

DOCKETED IN ERROR DECLARATION of Joel S. Aziere (Aziere, Joel) Modified on 7/29/2025 (jcl).

DECLARATION of Joel S. Aziere (Aziere, Joel)

INSTANTER ORDER of USCA re 24 Notice of Appeal, filed by Mukwonago Area School District, Joe Koch. IT IS ORDERED that the motion for leave to appear as amicus curiae is GRANTED. The clerk of this court shall file INSTANTER the tendered amicus curiae brief. (bx)

MOTION to Restrict Document by Jane Doe #1. (Milton, Alexa)

DECLARATION of Jane Doe #2 (Attachments: # 1 Unredacted Declaration of Jane Doe #2)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Milton, Alexa)

DECLARATION of Tamahra M. Baines (Attachments: # 1 Unredacted Declaration of Tamahra M. Baines)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Milton, Alexa)

REPLY BRIEF in Support filed by Jane Doe #1 re 48 MOTION to Lift Stay . (Milton, Alexa)

DECLARATION of Attorney Joel S. Aziere In Support of Defendants' Opposition to Plaintiff's Motion to Lift Stay and Motion for Voluntary Dissolution of Preliminary Injunction (Aziere, Joel)

DECLARATION of Attorney Joel S. Aziere In Support of Defendants' Opposition to Plaintiff's Motion to Lift Stay and Motion for Voluntary Dissolution of Preliminary Injunction (Attachments: # 1 Exhibit 1 - Jane Doe IEP)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Aziere, Joel)

MOTION for Leave to File Surreply Brief by All Defendants. (Attachments: # 1 Defendants' Surreply Brief in Opposition to Plaintiff's Motion to Lift Stay and Motion for Voluntary Dissolution of Preliminary Injunction)(Aziere, Joel). Added MOTION to Strike on 8/11/2025 (jcl).

1 Defendants' Surreply Brief in Opposition to Plaintiff's Motion to Lif

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MOTION to Seal Document Bowden's Declaration Exhibits by All Defendants. (Aziere, Joel)

DECLARATION of Christine Bowden in Support of Defendants' Motion for Leave to File Surreply Brief (Attachments: # 1 Exhibit 1 - Jane Doe IEP, # 2 Exhibit 2 - May 20, 2025 Email, # 3 Exhibit 3 - July 9, 2025 Email, # 4 Exhibit 4 - August 1, 2025 Email)This document and/or certain attachments are SEALED and only viewable by permission of the court(Aziere, Joel)

SURREPLY BRIEF in Opposition to Plaintiff's Motion to Lift Stay and Motion for Voluntary Dissolution of Preliminary Injunction filed by Joe Koch and Mukwonago Area School District re 48 MOTION to Lift Stay. SEE 68 ORDER. . (ams) (Entered: 08/22/2025)

NOTICE of Electronic Filing Error re 61 MOTION for Leave to File Surreply Brief filed by Mukwonago Area School District, Joe Koch ; When filing motions which contain multiple parts the filer should select all applicable parts from the motion event list; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl)

Notice of Electronic Filing Error

NOTICE of Hearing: IT IS ORDERED that a telephonic status conference is scheduled for August 15, 2025 at 10:00 a.m. Central Time. The parties shall call the Court's conference line at 669-254-5252 and use Meeting ID 161 8470 1401 and Passcode 187773 to join the call and may be placed on hold until the Court accesses the call. Parties should call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. Counsel should email the court prior to the call at AdelmanPO@wied.uscourts.gov to provide the names and contact numbers of attorneys appearing in the event that the Court would need to contact them. (cc: all counsel)(amh)

BRIEF in Opposition filed by Jane Doe #1 re 61 MOTION for Leave to File Surreply Brief MOTION to Strike . (Milton, Alexa)

TRANSCRIPT of Telephone Conference held on August 15, 2025 before Judge Lynn Adelman Court Reporter/Transcriber Jennifer Stake, Contact at 414-290-2640. Transcripts may be purchased using the Transcript Order Form found on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 9/8/2025. Redacted Transcript Deadline set for 9/18/2025. Release of Transcript Restriction set for 11/17/2025. (Stake, Jennifer)

Minute Entry for proceedings held before Judge Lynn Adelman: Status Conference held on 8/15/2025. The court heard arguments on the plaintiff's motion to lift the stay and dissolve the preliminary injunction. (Court Reporter Jennifer Stake) (amh)

DECISION AND ORDER signed by Judge Lynn Adelman on 8/21/2025. IT IS ORDERED that the preliminary injunction (ECF No. 16 ) is DISSOLVED. IT IS FURTHER ORDERED that the defendant's motion to strike plaintiff's reply brief (ECF No. 61 ) is DENIED. Defendant's motion to file a surreply brief (Id.) is GRANTED. IT IS FURTHER ORDERED that the parties' motions to seal (ECF Nos. 51, 55, 62 ), for good cause, are GRANTED. Additional details in order. (cc: all counsel)(amh)

MOTION to Stay Proceedings Pending Defendants Dispositive Appeal, or, in the alternative, Stay Proceedings Pending the Outcome of the Martinsville Appeal by All Defendants. (Aziere, Joel) Modified docket text on 8/25/2025 (ams).

NOTICE MOTION to of Withdrawal re DEFENDANTS EXPEDITED NON-DISPOSITIVE MOTION TO STAY PROCEEDINGS PENDING DEFENDANTS DISPOSTIVE APPEAL by Joe Koch, Mukwonago Area School District. (Aziere, Joel) Modified docket text and event type per Chambers' request on 8/28/2025 (ams).

MOTION for Judgment on the Pleadings by All Defendants. (Aziere, Joel)

BRIEF in Support filed by All Defendants re 72 MOTION for Judgment on the Pleadings . (Aziere, Joel)

MOTION to Stay Proceedings by Jane Doe #1. (Attachments: # 1 Text of Proposed Order)(Milton, Alexa)

BRIEF in Opposition filed by All Defendants re 74 MOTION to Stay Proceedings . (Aziere, Joel)

DECLARATION of Attorney Joel S. Aziere In Support of Defendants' Opposition to Plaintiff's Motion to Stay (Attachments: # 1 August 15, 2025, Status Conference Transcript, # 2 Defendants' October 2, 2023, Discovery Responses, # 3 Defendants' September 10, 2025, Discovery Requests)(Aziere, Joel)

REPLY BRIEF in Support filed by Jane Doe #1 re 74 MOTION to Stay Proceedings . (Attachments: # 1 Declaration of G. Schlactus, # 2 Exhibit 1 - August 23, 2023 E-mail Exchange, # 3 Exhibit 2 - September 10, 2025 E-mail Service of RFP)(Milton, Alexa)

Unopposed MOTION for Extension of Time to respond to Defendants' Motion for Judgment on the Pleadings by All Plaintiffs. (Milton, Alexa)

NOTICE of Electronic Filing Error re 77 Reply Brief in Support of Motion, filed by Jane Doe #1: The attached declaration to this document should have been filed as a separate entry. This document does not need to be refiled. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (ams)

USCA Mandate (certified copy) as to 24 Notice of Appeal, filed by Mukwonago Area School District, Joe Koch; USCA Number 23-2568. IT IS ORDERED that the appeal is DISMISSED for lack of jurisdiction. Appellate jurisdiction depends on 28 U.S.C. § 1292(a)(1), which authorizes appeals from preliminary injunctions. The preliminary injunction in this case has been dissolved, and we therefore no longer have jurisdiction to consider this appeal. (ams)