Case: Doe 1 v. Mukwonago Area School District

2:23-cv-00876 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: June 30, 2023

Case Ongoing

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Case Summary

This is a Title IX and Equal Protection Clause challenge to the Mukwonaogo Area School District’s policy or practice of (1) prohibiting Jane Doe #1, a transgender girl, from using female-designated restrooms at school and requiring her to use male-designated or single-occupancy restrooms, and (2) instructing Mukwonaogo Area School District’s staff to report Jane Doe #1’s use of the girls’ restroom. On June 30, 2023, Jane Doe #1, by her mother, Jane Doe #2, filed this complaint in the U.S. Distr…

On June 30, 2023, Jane Doe #1, by her mother, Jane Doe #2, filed this complaint in the U.S. District Court for the Eastern District of Wisconsin. The plaintiffs sued the Mukwonago Area School District (“MASD” or the “District”) and its Superintendent in his official capacity (collectively, “Defendants”) under Title IX of the Education Amendments of 1972 (“Title IX”), and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Represented by private counsel, plaintiff claimed that (1) MASD’s adoption and enforcement of a policy or practice of prohibiting plaintiff from accessing female-designated restrooms at school and requiring her to use male-designated or single-occupancy restrooms (“Policy 5514”), and (2) instructing MASD staff to report Jane Doe #1’s use of the girls’ restroom discriminated against her in violation of Title IX and the Equal Protection Clause. Plaintiff sought compensatory damages, declaratory relief, a temporary restraining order and permanent injunction, attorneys fees, and costs. The case was assigned to U.S. District Judge Lynn Adelman.

Also on June 30, 2023, plaintiff filed an emergency motion for a temporary restraining order, asking the court to prohibit (1) defendants from enforcing any policy, practice or custom that denied her access to girls’ restrooms at school and (2) from taking disciplinary action, formal or informal, against her for using the girls' restrooms at school. Judge Adelman granted the Temporary Restraining Order on July 6, 2023, with an opinion following on July 11. Judge Adelman held that the plaintiff was likely to succeed on the merits of her claims in light of the U.S. Court of Appeals for the Seventh Circuit's interpretations and applications of Title IX and the Equal Protection Clause in Whitaker v. Kenosha Unified School District No. 1 Board of Education, 858 F.3d 1034 (7th Cir. 2017). In Whitaker, the appellate court held that a policy requiring an individual to use a bathroom that does not conform with their gender identity punishes them for their gender non-conformance, in violation of Title IX, and could not be justified by an asserted need to protect student privacy rights, in violation of the Equal Protection Clause. Judge Adelman also held that the plaintiff was likely to suffer irreparable harm in the absence of the injunction, notwithstanding Policy 5514’s process for requesting exceptions or accommodations, citing a declaration describing her distress, thoughts of self harm, and ostracizing effects that diminished her academic motivation. The Seventh Circuit had recognized that these kinds of harms are irreparable and that monetary damages were not a sufficient remedy. Noting that the plaintiff had used the girls’ bathroom for almost three years without issue, and in light of a nearly indistinguishable evaluation of balance of harms and public interest in Whitaker, the court found that they weighed in favor of injunctive relief.

Defendants appealed to the U.S. Court of Appeals for the Seventh Circuit on August 10, 2023. On August 21, 2023 they filed an expedited motion to stay all further proceedings in the case until the appeals court ruled on their appeal of the preliminary injunction. The district court granted the motion on August 30, 2023, staying the case for sixty days; the stay was extended on October 26, 2023 and, on December 1, 2023, the district court granted a stay until the appellate court issued its order on the appeal.

In the meantime, in the appellate court, several organizations and entities filed amicus briefs in support of the plaintiff, including the American Medical Women's Association, American Academy of Pediatrics, American Psychiatric Association, American Medical Association, GLMA: Health Professionals Advancing LGBTQ+ Equality, and the World Professional Association for Transgender Health, New York, Washington, California, Colorado, Connecticut, Delaware, Hawai'i, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and the District of Columbia.

The Seventh Circuit heard argument in the case on February 15, 2024 and issued its ruling on June 12, 2025. In an opinion written by Judge Diane S. Sykes, the court affirmed the district court's grant of preliminary injunctive relief. The appellate court first rejected the defendants’ claim that the district court was required to hold an evidentiary hearing before ruling on the preliminary injunction motion, reasoning that there were no factual issues to resolve because the defendant-appellant’s never disputed the plaintiff-appellee’s facts. Citing Whitaker as binding precedent, the appellate court confirmed that the small factual differences between the two cases did not diminish the plaintiff’s likelihood of success on the merits of her claim, and declined defendants’ request to overturn Whitaker. 140 F.4th 826.

Six days later, on June 18, 2025, the U.S. Supreme Court issued its decision in United States v. Skrmetti, which held that rational basis review, and not heightened scrutiny, applies to classifications like the one at issue in this case. Shortly thereafter, on June 30, 2025, the Seventh Circuit sua sponte vacated the panel decision and granted panel rehearing to consider whether it should overrule Whitaker and related precedent in light of Skrmetti. It invited the parties to submit supplemental briefs. 2025 WL 1794428.

On July 23, 2025, plaintiff filed in the district court a motion to lift the stay and a motion to voluntarily dissolve the preliminary injunction; that same day, she filed a motion in the appellate court to hold supplemental briefing in abeyance. She explained that she no longer needed or wanted the injunction’s protection, as she no longer attended school in the District, but she continued to seek money damages for past discrimination. On July 25, the appellate court denied the motion to hold briefing in abeyance, explaining that the plaintiff was to dismiss the complaint, that either party could file a motion to dismiss the proceedings as moot (and so vacate the preliminary injunction), and that the district court had its permission to vacate the preliminary injunction.

On August 15, 2025, the district court held a hearing on the motion to lift the stay and voluntarily dissolve the preliminary injunction and, on August 21, 2025, it issued a decision lifting the stay and dissolving the preliminary injunction, reasoning that the costs of enforcement could no longer be justified, given that there was no longer any cognizable benefit to the supposed beneficiary. The next day, the plaintiff filed a motion to dismiss the appeal in the Seventh Circuit, which that court granted on August 26, 2025, reasoning that because the preliminary injunction had been dissolved it no longer had appellate jurisdiction.

Defendants filed a motion for judgment on the pleadings in the district court on September 1, 2025. In response, on September 10, 2025, the plaintiff filed a motion to stay proceedings in the case pending the Seventh Circuit’s resolution of relevant issues in Martinsville II; the district court denied the stay on September 18, 2025. As of December 2025, proceedings in the district court remain ongoing.

Summary Authors

Claire Pollard (9/22/2025)

Johnathan Johnson (12/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67547028/parties/doe-1-v-mukwonago-area-school-district/

Judge(s)

Adelman, Lynn S. (Wisconsin)

Attorney for Plaintiff

Abbott, Nicholas J (Wisconsin)

Attorney for Defendant

Expert/Monitor/Master/Other

Attorney, Elizabeth Wydra,

Attorney, Richard M.

Attorney, Cory Jennifer

Judge(s)

Adelman, Lynn S. (Wisconsin)

Attorney for Plaintiff

Abbott, Nicholas J (Wisconsin)

Attorney, Robert Theine

Attorney, Glenn Schlactus,

Attorney, Victoria Lynn

Curran, Emily (Wisconsin)

Davila, Victoria Lynn (Wisconsin)

Donofrio, Gemma (Wisconsin)

Milton, Alexa (Wisconsin)

Pledl, Robert Theine (Wisconsin)

Schlactus, Glenn (Wisconsin)

Attorney for Defendant

Attorney, Joel S.

Aziere, Joel S (Wisconsin)

Cone, Hunter Michael (Wisconsin)

Duffy, Corinne T (Wisconsin)

Other

Attorney, Elizabeth Wydra,

Attorney, Richard M.

Attorney, Cory Jennifer

Attorney, Lauren Lee

Attorney, Clifford Berlow,

Attorney, Mark Stephen

Attorney, Kara Dansky,

Attorney, Ronald S.

Attorney, Philip R.

Attorney, Luke N.

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:23-cv-00876	Complaint	June 30, 2023	June 30, 2023 Complaint
14 2:23-cv-00876	Temporary Restraining Order Doe 1 v. Mukwonago Area School District et al.	July 6, 2023	July 6, 2023 Order/Opinion
15 2:23-cv-00876	Decision and Order Doe 1 et al. v. Mukwonago Area School District et al.	July 11, 2023	July 11, 2023 Order/Opinion 681 F.Supp.3d 886
16 2:23-cv-00876	Preliminary Injunction Doe 1 et al. v. Mukwonago Area School District et al.	July 11, 2023	July 11, 2023 Order/Opinion
33 2:23-cv-00876	Order Doe 1 et al. v. Mukwonago Area School District et al.	Aug. 30, 2023	Aug. 30, 2023 Order/Opinion
15 23-02568	Appellate Brief Of Defendants-Appellants, Mukwonago Area School District And Joseph Koch Doe 1 et al. v. Mukwonago Area et al. U.S. Court of Appeals for the Seventh Circuit	Sept. 19, 2023	Sept. 19, 2023 Pleading / Motion / Brief
34 23-02568	Brief Of Amici Curiae American Medical Women’s Association And Five Other Health Care Organizations In Support Of Plaintiff-Appellee And Affirmance Doe #1 et al. v. Mukwonago Area School District et al. U.S. Court of Appeals for the Seventh Circuit	Oct. 26, 2023	Oct. 26, 2023 Pleading / Motion / Brief
39 2:23-cv-00876	Order Doe 1 et al. v. Mukwonago Area School District et al.	Oct. 26, 2023	Oct. 26, 2023 Order/Opinion
42 2:23-cv-00876	Order Doe 1 et al. v. Mukwonago Area School District et al.	Dec. 1, 2023	Dec. 1, 2023 Order/Opinion
58 23-02568	Appeal from the United States District Court for the Eastern District of Wisconsin Doe 1 et al. v. Mukwonago Area School District et al. U.S. Court of Appeals for the Seventh Circuit	June 12, 2025	June 12, 2025 Order/Opinion 140 F.4th 826

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Resources

Resources related to this case
Title		External URL Date / External URL
Dear Colleague Letter [rescinding prior letters relating to bathroom access for trans students] Sandra Battle & T.E. Wheeler	Feb. 22, 2017	Feb. 22, 2017 https://assets.documentcloud.org/...
Dear Colleague Letter on Transgender Students Catherine E. Lhamon and Vanita Gupta	May 13, 2016	May 13, 2016 https://www2.ed.gov/...
Examples of Policies and Emerging Practices for Supporting Transgender Students United States Department of Education	May 2016	May 1, 2016 https://www2.ed.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/67547028/doe-1-v-mukwonago-area-school-district/

Last updated July 28, 2026, 5:19 p.m.

ECF Number	Date	Description	Link
1	June 30, 2023	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 View on PACER 2 Summons View on PACER	Clearinghouse
2	June 30, 2023	DISCLOSURE Statement by Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. (Milton, Alexa)	RECAP
3	June 30, 2023	MOTION for Leave to File Under Seal by Jane Doe #1, by Her Mother and Next Friend, Jane Doe #2. (Milton, Alexa)	RECAP
4	June 30, 2023	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)	RECAP
5	June 30, 2023	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 View on RECAP 2 Declaration of Alexa Milton View on PACER 16 Ex. 14 to Declaration of Alexa Milton View on PACER 17 Ex. 1 to Declaration of Alexa Milton - Redacted View on PACER 18 Ex. 2 to Declaration of Alexa Milton - Redacted View on PACER 19 Ex. 3 to Declaration of Alexa Milton - Redacted View on PACER 20 Ex. 4 to Declaration of Alexa Milton - Redacted View on PACER 21 Ex. 5 to Declaration of Alexa Milton - Redacted View on PACER 22 Ex. 6 to Declaration of Alexa Milton - Redacted View on PACER 23 Ex. 7 to Declaration of Alexa Milton - Redacted View on PACER 24 Ex. 8 to Declaration of Alexa Milton - Redacted View on PACER 25 Ex. 9 to Declaration of Alexa Milton - Redacted View on PACER 26 Ex. 10 to Declaration of Alexa Milton - Redacted View on PACER 27 Ex. 11 to Declaration of Alexa Milton - Redacted View on PACER 28 Ex. 12 to Declaration of Alexa Milton - Redacted View on PACER 29 Ex. 13 to Declaration of Alexa Milton - Redacted View on PACER 32 Declaration of Jane Doe #2 - Redacted View on PACER 33 Ex. A to Declaration of Jane Doe #2 - Redacted View on PACER	RECAP
	June 30, 2023	Notice of Judge Assignment
	June 30, 2023	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)
6	July 3, 2023	NOTICE of Appearance by Victoria Lynn Davis Davila on behalf of All Plaintiffs. Attorney(s) appearing: Victoria L. Davis Davila (Davis Davila, Victoria)	RECAP
7	July 4, 2023	NOTICE of Appearance by Corinne T Duffy on behalf of All Defendants. Attorney(s) appearing: Joel S. Aziere (Duffy, Corinne)	RECAP
8	July 4, 2023	NOTICE of Appearance by Corinne T Duffy on behalf of All Defendants. Attorney(s) appearing: Corinne T. Duffy (Duffy, Corinne)	RECAP
9	July 4, 2023	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)	RECAP
10	July 5, 2023	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).	RECAP
11	July 5, 2023	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)	RECAP
12	July 5, 2023	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)	RECAP
13	July 5, 2023	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)	RECAP
	July 5, 2023	Notice of Judge Assignment
14	July 6, 2023	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)	Clearinghouse
15	July 11, 2023	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)	Clearinghouse
16	July 11, 2023	PRELIMINARY INJUNCTION signed by Judge Lynn Adelman on 07/11/23. (cc: all counsel)(kmr) (Entered: 07/12/2023)	Clearinghouse
17	July 13, 2023	NOTICE of Appearance by Nicholas J Abbott on behalf of Jane Doe #1. Attorney(s) appearing: Nicholas Abbott (Abbott, Nicholas)	RECAP
	July 13, 2023	Summons Issued
	July 13, 2023	Summons Issued as to Joe Koch (jcl)
18	July 14, 2023	REQUEST for Issuance of Summons by Jane Doe #1 (Milton, Alexa)	RECAP
	July 17, 2023	Summons Issued
	July 17, 2023	Summons Issued as to Mukwonago Area School District (jcl)
19	July 20, 2023	SUMMONS Returned Executed by Jane Doe #1. Joe Koch served on 7/17/2023. (Milton, Alexa)	RECAP
20	July 20, 2023	SUMMONS Returned Executed by Jane Doe #1. Mukwonago Area School District served on 7/17/2023. (Milton, Alexa)	RECAP
21	July 21, 2023	MOTION to Proceed Under Pseudonyms by Jane Doe #1. (Milton, Alexa)	RECAP
22	July 31, 2023	NOTICE of Appearance by Gemma Donofrio on behalf of Jane Doe #1. Attorney(s) appearing: Gemma Donofrio (Donofrio, Gemma)	RECAP
23	Aug. 7, 2023	ANSWER to Complaint by All Defendants.(Duffy, Corinne)	RECAP
	Aug. 7, 2023	Notice of Electronic Filing Error
	Aug. 7, 2023	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)
	Aug. 8, 2023	Notice of Electronic Filing Error
24	Aug. 9, 2023	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)	RECAP
25	Aug. 10, 2023	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 24 Notice of Appeal. (lmf)	RECAP
26	Aug. 10, 2023	Attorney Cover Letter re: 24 Notice of Appeal, (Attachments: # 1 Docket Sheet)(lmf)	RECAP
27	Aug. 10, 2023	USCA Case Number 23-2568 re: 24 Notice of Appeal, filed by Mukwonago Area School District, Joe Koch. (lmf)	Clearinghouse
28	Aug. 10, 2023	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)	RECAP
29	Aug. 16, 2023	NOTICE of Appearance by Glenn Schlactus on behalf of Jane Doe #1. Attorney(s) appearing: Glenn Schlactus (Schlactus, Glenn)	RECAP
30	Aug. 21, 2023	Expedited MOTION to Stay Pending Appeal by Joe Koch, Mukwonago Area School District. (Aziere, Joel)	RECAP
31	Aug. 28, 2023	RESPONSE to Motion filed by Jane Doe #1 re 30 Expedited MOTION to Stay Pending Appeal . (Attachments: # 1 Text of Proposed Order)(Schlactus, Glenn)	RECAP
	Aug. 28, 2023	Notice of Electronic Filing Error
	Aug. 28, 2023	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)
	Aug. 29, 2023	Notice of Electronic Filing Error
32	Aug. 30, 2023	TEXT ONLY ORDER signed by Judge Lynn Adelman on 8/30/2023 GRANTING 21 Motion to Proceed Under Pseudonyms. (cc: all counsel)(amh)	RECAP
33	Aug. 30, 2023	ORDER signed by Judge Lynn Adelman on 8/30/2023 GRANTING 30 Motion to Stay. (cc: all counsel)(amh)	Clearinghouse
	Aug. 30, 2023	Order on Motion for Miscellaneous Relief
34	Sept. 18, 2023	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). 2 View on RECAP	RECAP
35	Sept. 19, 2023	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)	RECAP
36	Sept. 21, 2023	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)	RECAP
37	Oct. 23, 2023	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 View on PACER	RECAP
38	Oct. 25, 2023	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)	RECAP
39	Oct. 26, 2023	ORDER signed by Judge Lynn Adelman on 10/26/2023 GRANTING 37 Motion to Stay. Additional details in order. (cc: all counsel)(amh)	Clearinghouse
40	Oct. 26, 2023	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)	RECAP
41	Nov. 30, 2023	Joint MOTION to Stay and Joint Status Report by Jane Doe #1. (Schlactus, Glenn)	RECAP
42	Dec. 1, 2023	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)	Clearinghouse
43	Feb. 1, 2024	NOTICE of Withdrawal by Glenn Schlactus on behalf of Jane Doe #1.Attorney Gemma Donofrio to be termed. (Schlactus, Glenn)	RECAP
44	April 15, 2024	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)	RECAP
45	Sept. 6, 2024	NOTICE of Withdrawal by Alexa Milton on behalf of Jane Doe #1.Attorney Emily Curran to be termed. (Milton, Alexa)	RECAP
46	Sept. 6, 2024	NOTICE of Withdrawal by Alexa Milton on behalf of Jane Doe #1.Attorney Nicholas Abbott to be termed. (Milton, Alexa)	RECAP
47	Sept. 10, 2024	NOTICE of Withdrawal by Corinne T Duffy on behalf of Joe Koch.Attorney Corinne T. Duffy to be termed. (Duffy, Corinne)	RECAP
	Sept. 11, 2024	Terminate Attorney - Notice Parties
	Sept. 11, 2024	Attorney Corinne T Duffy terminated. (jcl)
	Sept. 12, 2024	Terminate Attorney - Notice Parties
	Sept. 12, 2024	Attorney Nicholas J Abbott and Emily Curran terminated. (jcl)
48	July 23, 2025	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) 1 View on RECAP 2 View on RECAP	RECAP
50	July 25, 2025	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)	Clearinghouse
49	July 27, 2025	RESPONSE to Motion filed by All Defendants re 48 MOTION to Lift Stay . (Aziere, Joel)	RECAP
51	July 28, 2025	MOTION to Seal Document by Joe Koch, Mukwonago Area School District. (Aziere, Joel)	RECAP
52	July 28, 2025	DOCKETED IN ERROR DECLARATION of Joel S. Aziere (Aziere, Joel) Modified on 7/29/2025 (jcl).	RECAP
53	July 28, 2025	DECLARATION of Joel S. Aziere (Aziere, Joel)	RECAP
54	Aug. 4, 2025	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)	RECAP
55	Aug. 7, 2025	MOTION to Restrict Document by Jane Doe #1. (Milton, Alexa)	RECAP
56	Aug. 7, 2025	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)	RECAP
57	Aug. 7, 2025	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)	RECAP
58	Aug. 7, 2025	REPLY BRIEF in Support filed by Jane Doe #1 re 48 MOTION to Lift Stay . (Milton, Alexa)	RECAP
59	Aug. 7, 2025	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)	RECAP
60	Aug. 7, 2025	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)	RECAP
61	Aug. 10, 2025	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 View on RECAP	RECAP
62	Aug. 10, 2025	MOTION to Seal Document Bowden's Declaration Exhibits by All Defendants. (Aziere, Joel)	RECAP
63	Aug. 10, 2025	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)	RECAP
69	Aug. 10, 2025	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)	RECAP
	Aug. 10, 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)
	Aug. 11, 2025	Notice of Electronic Filing Error
64	Aug. 13, 2025	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)	RECAP
65	Aug. 13, 2025	BRIEF in Opposition filed by Jane Doe #1 re 61 MOTION for Leave to File Surreply Brief MOTION to Strike . (Milton, Alexa)	RECAP
66	Aug. 15, 2025	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)	RECAP
67	Aug. 15, 2025	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)	RECAP
68	Aug. 21, 2025	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)	Clearinghouse
70	Aug. 22, 2025	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).	RECAP
71	Aug. 27, 2025	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).	RECAP
72	Sept. 1, 2025	MOTION for Judgment on the Pleadings by All Defendants. (Aziere, Joel)	RECAP
73	Sept. 1, 2025	BRIEF in Support filed by All Defendants re 72 MOTION for Judgment on the Pleadings . (Aziere, Joel)	RECAP
74	Sept. 10, 2025	MOTION to Stay Proceedings by Jane Doe #1. (Attachments: # 1 Text of Proposed Order)(Milton, Alexa)	RECAP
75	Sept. 14, 2025	BRIEF in Opposition filed by All Defendants re 74 MOTION to Stay Proceedings . (Aziere, Joel)	RECAP
76	Sept. 14, 2025	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)	RECAP
77	Sept. 15, 2025	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)	RECAP
78	Sept. 16, 2025	Unopposed MOTION for Extension of Time to respond to Defendants' Motion for Judgment on the Pleadings by All Plaintiffs. (Milton, Alexa)	RECAP
	Sept. 16, 2025	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)
	Sept. 16, 2025	Notice of Electronic Filing Error

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Case Details

State / Territory:

Wisconsin

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: June 30, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff Jane Doe #1 is an eleven-year-old transgender girl.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School District

Mukwonago Area School District

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Eastern District of Wisconsin 2:23-cv-00876

U.S. Court of Appeals for the Seventh Circuit 23-02568

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted

Order Duration: 2023 - 2025

Issues

General/Misc.:

Bathrooms

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Transgender

Recommended Citation

Case Summary of Doe 1 v. Mukwonago Area School District, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46982/ (last updated 12/20/2025).