Case: Doe v. South Carolina, State of

Doe v. State of South Caroline

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

COMPLAINT against Berkeley County School District, Anthony Dixon, South Carolina Department of Education, South Carolina State Board of Education, South Carolina, State of, Ellen Weaver ( Filing fee $ 405 receipt number ASCDC-12100814.), filed by John Doe, Alliance for Full Acceptance, The. Service due by 2/10/2025(sshe, ) (Main Document 1 replaced on 11/15/2024) (rhei, ). Modified to add case number to document on 11/15/2024 (rhei, ). (Entered: 11/14/2024)

Local Rule 26.01 Answers to Interrogatories by Alliance for Full Acceptance, The, John Doe.(sshe, ) (Main Document 2 replaced on 11/15/2024) (rhei, ). Modified to add case number to document on 11/15/2024 (rhei, ). (Entered: 11/14/2024)

Summons Issued as to South Carolina State Board of Education. (sshe, ) (Entered: 11/14/2024)

Summons Issued as to South Carolina Department of Education. (sshe, ) (Entered: 11/14/2024)

Summons Issued as to Berkeley County School District. (sshe, ) (Entered: 11/14/2024)

Summons Issued as to Ellen Weaver. (sshe, ) (Entered: 11/14/2024)

Summons Issued as to Anthony Dixon. (sshe, ) (Entered: 11/14/2024)

MOTION for Preliminary Injunction by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 12/2/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memorandum of Law in Support of Plaintiff John Doe's Motion for Preliminary Injunction, # 2 Declaration of Patrick Archer, # 3 Expert Witness Declaration of Dr. Stephanie L. Budge, PH.D., # 4 Declaration of Dr. Lisa Johnson, # 5 Declaration of "John Doe", # 6 Declaration of "Jim Doe")No proposed order.(Segui, Harper) (Entered: 11/14/2024)

MOTION to Certify Class by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 12/2/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memorandum of Law in Support of Plaintiff John Doe's Motion for Class Certification, # 2 Declaration of Joseph J. Wardenski, # 3 Declaration of Adele P. Kimmel, # 4 Declaration of Alexandra Brodsky, # 5 Declaration of Sean Ouellette, # 6 Declaration of Harper T. Segui)No proposed order.(Segui, Harper) (Entered: 11/14/2024)

MOTION for Protective Order (Plaintiff John Doe's Motion for Protective Order and to Proceed Under Pseudonyms) by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 12/2/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 11/14/2024)

MOTION to Seal Document (Motion to Seal and Memorandum of Law) by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 12/2/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper) (Entered: 11/14/2024)

SUMMONS Returned Executed by John Doe, Alliance for Full Acceptance, The. Berkeley County School District served on 11/15/2024, answer due 12/6/2024. (Segui, Harper) (Entered: 11/18/2024)

SUMMONS Returned Executed by John Doe, Alliance for Full Acceptance, The. Anthony Dixon served on 11/15/2024, answer due 12/6/2024. (Segui, Harper) (Entered: 11/18/2024)

SUMMONS Returned Executed by John Doe, Alliance for Full Acceptance, The. South Carolina Department of Education served on 11/15/2024, answer due 12/6/2024. (Segui, Harper) (Entered: 11/18/2024)

SUMMONS Returned Executed by John Doe, Alliance for Full Acceptance, The. South Carolina State Board of Education served on 11/15/2024, answer due 12/6/2024. (Segui, Harper) (Entered: 11/18/2024)

SUMMONS Returned Executed by John Doe, Alliance for Full Acceptance, The. Ellen Weaver served on 11/15/2024, answer due 12/6/2024. (Segui, Harper) (Entered: 11/18/2024)

NOTICE of Appearance by E Brandon Gaskins on behalf of Berkeley County School District, Anthony Dixon (Gaskins, E) (Entered: 11/22/2024)

MOTION to Appear Pro Hac Vice by Joseph J. Wardenski ( Filing fee $ 350 receipt number ASCDC-12125889) by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 12/9/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 11/25/2024)

WAIVER OF SERVICE by John Doe, Alliance for Full Acceptance, The. South Carolina, State of waiver executed on 11/22/2024, answer due 1/21/2025. (Segui, Harper) (Entered: 11/26/2024)

WAIVER OF SERVICE by John Doe, Alliance for Full Acceptance, The. Ellen Weaver waiver executed on 11/25/2024, answer due 1/24/2025. (Segui, Harper) (Entered: 11/26/2024)

Joint MOTION for Scheduling Order by South Carolina Department of Education, South Carolina State Board of Education, South Carolina, State of, Ellen Weaver. Response to Motion due by 12/10/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Spate, Joseph) (Entered: 11/26/2024)

ORDER granting 19 Motion to Appear Pro Hac Vice re Joseph J. Wardenski for Plaintiffs John Doe and The Alliance for Full Acceptance. Signed by Honorable Richard M Gergel on 11/26/2024.(hcor, ) (Entered: 11/26/2024)

MOTION to Appear Pro Hac Vice by Alexandra Z. Brodsky ( Filing fee $ 350 receipt number ASCDC-12127529) by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 12/10/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 11/26/2024)

ORDER granting 11 MOTION for Protective Order (Plaintiff John Doe's Motion for Protective Order and to Proceed Under Pseudonyms), 12 MOTION to Seal Document (Motion to Seal and Memorandum of Law), 22 Joint MOTION for Scheduling Order . AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/27/2024.(ltap, ) (Entered: 11/27/2024)

MOTION to Appear Pro Hac Vice by Sean Ouellette ( Filing fee $ 350 receipt number ASCDC-12128747) by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 12/11/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 11/27/2024)

CERTIFICATE OF SERVICE by Alliance for Full Acceptance, The, John Doe re 11 MOTION for Protective Order (Plaintiff John Doe's Motion for Protective Order and to Proceed Under Pseudonyms), 10 MOTION to Certify Class, 9 MOTION for Preliminary Injunction (Corrected) (Segui, Harper) (Entered: 11/27/2024)

Joint MOTION to Amend/Correct 25 Order on Motion for Protective Order,, Order on Motion to Seal Document,, Order on Motion for Miscellaneous Relief, by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education. Response to Motion due by 12/27/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Spate, Joseph) (Entered: 12/13/2024)

Joint MOTION for Discovery Order by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education. Response to Motion due by 12/27/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Spate, Joseph) (Entered: 12/13/2024)

Local Rule 26.01 Answers to Interrogatories by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education.(Spate, Joseph) (Entered: 12/13/2024)

MOTION to Appear Pro Hac Vice by Adele P. Kimmel ( Filing fee $ 350 receipt number ASCDC-12160574) by John Doe, Alliance for Full Acceptance, The. Response to Motion due by 12/30/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 12/16/2024)

TEXT ORDER granting 24 Motion for Alexandra Z. Brodsky, 26 Motion for Sean Ouellette, 31 Motion for Adele P. Kimmel; to Appear Pro Hac Vice for Alliance for Full Acceptance, The, John Doe. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 12/17/2024.(sshe, ) (Entered: 12/17/2024)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

NOTICE of Appearance by Miles Edward Coleman on behalf of South Carolina Department of Education (Coleman, Miles) (Entered: 12/19/2024)

ORDER REGARDING DISCOVERY RELATED TO PLAINTIFFS' MOTIONS FOR A PRELIMINARY INJUNCTION AND CLASS CERTIFICATION granting 9 Motion for Preliminary Injunction; granting 10 Motion to Certify Class. IT IS THEREFORE ORDERED that the parties' Joint Motion for Discovery Regarding Plaintiffs' Motions for Class Certification and a Preliminary Injunction is GRANTED, and the parties' proposed schedule is APPROVED. Signed by Honorable Richard M Gergel on 12/19/2024.(sshe, ) (Entered: 12/19/2024)

AMENDED SCHEDULING ORDER granting 28 Motion to Amend/Correct. Having reviewed the parties' proposal, to extend the deadline for Defendants to file their responsive briefs by 7 additional days and extend the deadline for Minor Plaintiff to file a reply by 10 additional days, the Court finds that good cause exists to adopt it. IT IS THEREFORE ORDERED that the parties' Joint Motion for Amended Scheduling Order is GRANTED, and the parties' proposed amended schedule is APPROVED. Details set for the in Order. Signed by Honorable Richard M Gergel on 12/19/2024.(sshe, ) (Entered: 12/19/2024)

STIPULATION (Stipulation and Joint Motion to Enter Protective Order) by John Doe, Alliance for Full Acceptance, The. (Attachments: # 1 Proposed Order)(Segui, Harper) (Entered: 01/07/2025)

1 Proposed Order

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RESPONSE in Opposition re 10 MOTION to Certify Class Defendants' Redacted Response filed by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education.Reply to Response to Motion due by 1/21/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Supporting Documents Attorney Declaration (Redacted), # 2 Exhibit Beckmann-Bartlett Declaration (Redacted), # 3 Exhibit Nangia Declaration (Redacted), # 4 Exhibit Allison Declaration, # 5 Exhibit Johnson Declaration (Redacted), # 6 Exhibit Minor Pltf's Resp. to RFAs (Redacted))(Spate, Joseph) (Entered: 01/13/2025)

1 Supporting Documents Attorney Declaration (Redacted)

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2 Exhibit Beckmann-Bartlett Declaration (Redacted)

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3 Exhibit Nangia Declaration (Redacted)

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4 Exhibit Allison Declaration

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5 Exhibit Johnson Declaration (Redacted)

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6 Exhibit Minor Pltf's Resp. to RFAs (Redacted)

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RESPONSE in Opposition re 9 MOTION for Preliminary Injunction Defendants' Redacted Response filed by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education.Reply to Response to Motion due by 1/21/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Spate, Joseph) Modified on 6/23/2025 to reference 83 Supplement - Notice of Supplemental Authority - filed 6/20/2025(sshe, ). (Entered: 01/13/2025)

Consent MOTION to Seal and Memorandum of Law by Defendants by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education. Response to Motion due by 1/27/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Index of Documents to be Filed Under Seal)No proposed order.(Spate, Joseph) (Entered: 01/13/2025)

STIPULATED PROTECTIVE ORDER See Order for Details. IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/14/2025. (sshe, ) (Entered: 01/14/2025)

TEXT ORDER: For good cause shown, the consent motion to seal the Defendant's memorandum of law (Dkt. No. 40) is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/18/2025.(ltap, ) (Entered: 01/18/2025)

Order on Motion to Seal

Sealed Document in re document 38 . (Attachments: # 1 Supporting Documents Attorney Declaration (unredacted), # 2 Exhibit Beckmann-Bartlett Declaration (unredacted), # 3 Exhibit Dr. Nangia Declaration (unredacted), # 4 Exhibit Allison Declaration, # 5 Exhibit Johnson Declaration (unredacted), # 6 Exhibit Minor Pltf's Resp. to RFAs)(Spate, Joseph) (Entered: 01/21/2025)

Sealed Document in re document 39 . (Spate, Joseph) (Entered: 01/21/2025)

MOTION to Appear Pro Hac Vice by Linda M. Correia ( Filing fee $ 350 receipt number ASCDC-12217166) by John Doe, Alliance for Full Acceptance, The. Response to Motion due by 2/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 01/21/2025)

MOTION to Appear Pro Hac Vice by Andrew M. Adelman ( Filing fee $ 350 receipt number ASCDC-12217218) by John Doe, Alliance for Full Acceptance, The. Response to Motion due by 2/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 01/21/2025)

MOTION to Appear Pro Hac Vice by Lauren A. Khouri ( Filing fee $ 350 receipt number ASCDC-12217259) by John Doe, Alliance for Full Acceptance, The. Response to Motion due by 2/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 01/21/2025)

REPLY to Response to Motion re 10 MOTION to Certify Class (Reply in Support of Plaintiff John Doe's Motion for Class Certification) Response filed by John Doe, Alliance for Full Acceptance, The. (Segui, Harper) (Entered: 01/31/2025)

REPLY to Response to Motion re 9 MOTION for Preliminary Injunction (Reply in Support of Plaintiff John Doe's Motion for Preliminary Injunction) Response filed by John Doe, Alliance for Full Acceptance, The. (Attachments: # 1 Supplemental Declaration of "Jim Doe", # 2 Supplemental Declaration of Patrick Archer, # 3 Rebuttal Expert Witness Declaration of Dr. Stephanie L. Budge)(Segui, Harper) (Entered: 01/31/2025)

Consent MOTION to Seal and Memorandum of Law by John Doe, Alliance for Full Acceptance, The. Response to Motion due by 2/14/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper) (Entered: 01/31/2025)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 2/14/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ), MOTION to Dismiss for Lack of Jurisdiction, MOTION to Stay by Berkeley County School District, Ellen Weaver, Anthony Dixon, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education. (Attachments: # 1 Exhibit A: Declaration of Carol Beckman-Bartlett (redacted), # 2 Exhibit B: Minor Plaintiffs Answers to Interrogatories (redacted), # 3 Exhibit C: Exhibit C from Expert Witness Declaration of Geeta Nangia, M.D. (redacted), # 4 Exhibit D: 08/2022 Emails (redacted), # 5 Exhibit E: Referral/Evaluation Planning (redacted), # 6 Exhibit F: Evaluation (redacted), # 7 Exhibit G: 11/2022 Notes/Emails (redacted), # 8 Exhibit H: 03/2023 Notes/Emails (redacted), # 9 Exhibit I: Declaration of Merita A. Allison, # 10 Exhibit J: Declaration of Kamelio Johnson (redacted), # 11 Exhibit K: Transcript and Attorney Declaration (redacted), # 12 Exhibit L: Minor Plaintiffs responses to State Defendants Requests for Admission (redacted), # 13 Exhibit M: Expert Witness Declaration of Geeta Nangia, M.D.(redacted))No proposed order.(Coleman, Miles) Modified on 6/23/2025 to reference 83 Supplement - Notice of Supplemental Authority - filed 6/20/2025(sshe, ). (Entered: 01/31/2025)

MOTION to Seal by Berkeley County School District, Ellen Weaver, Anthony Dixon, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education. Response to Motion due by 2/14/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1: Index of Documents to File Under Seal)No proposed order.(Coleman, Miles) (Entered: 01/31/2025)

MOTION for Leave to File Defendants' Sur-Reply in Opposition to Minor Plaintiff's Motions for Preliminary Injunction and Class Certification by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education. Response to Motion due by 2/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Defendants' Sur-Reply (redacted))No proposed order.(Spate, Joseph) (Entered: 02/07/2025)

Consent MOTION to Seal Defendants' Proposed Sur-Reply in Opposition to Minor Plaintiff's Motions for Preliminary Injunction and Class Certification by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education. Response to Motion due by 2/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Index of Documents to be Filed Under Seal)No proposed order.(Spate, Joseph) (Entered: 02/07/2025)

MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss or, In the Alternative, Stay by John Doe, Alliance for Full Acceptance, The. Response to Motion due by 2/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 02/07/2025)

Local Rule 26.01 Answers to Interrogatories by Berkeley County School District, Anthony Dixon.(Coleman, Miles) (Entered: 02/09/2025)

TEXT ORDER: For good cause shown, the motion to seal (Dkt. No. 52) is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/10/2025.(ltap, ) (Entered: 02/10/2025)

Order on Motion for Extension of Time

Order on Motion for Leave to File

Order on Motion to Seal

TEXT ORDER: For good cause shown, the consent motion to file the Defendants unredacted sur-reply under seal (Dkt. No. 54) is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/10/2025.(ltap, ) (Entered: 02/10/2025)

TEXT ORDER: For good cause shown, the motion to file a sur-reply (Dkt. No. 53) is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/10/2025.(ltap, ) (Entered: 02/10/2025)

TEXT ORDER: For good cause shown, the Court GRANTS the Motion and extends Plaintiffs' deadline to respond to the Motion to Dismiss from February 14, 2025, to March 7, 2025. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/10/2025.(ltap, ) (Entered: 02/10/2025)

REPLY to Response to Motion re 10 MOTION to Certify Class, 9 MOTION for Preliminary Injunction Defendants' Sur-Reply Response filed by Ellen Weaver, South Carolina, State of, South Carolina State Board of Education, South Carolina Department of Education. (Attachments: # 1 Supporting Documents Supplemental Attorney Declaration (Redacted), # 2 Exhibit A - Transcript Excerpts of Nangia Deposition (Redacted))(Spate, Joseph) (Entered: 02/10/2025)

Sealed Document in re document 61 . (Attachments: # 1 Supporting Documents Supplemental Attorney Declaration (Unredacted), # 2 Exhibit A - Transcript Excerpts of Nangia Deposition (Unredacted))(Spate, Joseph) (Entered: 02/10/2025)

Sealed Document in re document 51 . (Attachments: # 1 Exhibit A: Declaration of Carol Beckman-Bartlett (unredacted), # 2 Exhibit B: Minor Plaintiffs Answers to Interrogatories (unredacted), # 3 Exhibit C: Exhibit C from Expert Witness Declaration of Geeta Nangia, M.D. (unredacted), # 4 Exhibit D: 08/2022 Emails (unredacted), # 5 Exhibit E: Referral/Evaluation Planning (unredacted), # 6 Exhibit F: Evaluation (unredacted), # 7 Exhibit G: 11/2022 Notes/Emails (unredacted), # 8 Exhibit H: 03/2023 Notes/Emails (unredacted), # 9 Exhibit I: Declaration of Merita A. Allison (unredacted), # 10 Exhibit J: Declaration of Kamelio Johnson (unredacted), # 11 Exhibit K: Transcript and Attorney Declaration (unredacted), # 12 Exhibit L: Minor Plaintiffs responses to State Defendants Requests for Admission (unredacted), # 13 Exhibit M: Expert Witness Declaration of Geeta Nangia, M.D.(unredacted))(Coleman, Miles) (Entered: 02/10/2025)

TEXT ORDER granting 50 Motion to Seal. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/11/2025.(ltap, ) (Entered: 02/11/2025)

Order on Motion for Discovery

Order on Motion to Seal

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

TEXT ORDER finding as moot 29 Motion for Discovery per 35 ORDER REGARDING DISCOVERY RELATED TO PLAINTIFFS' MOTIONS FOR A PRELIMINARY INJUNCTION AND CLASS CERTIFICATION. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/11/2025.(ltap, ) (Entered: 02/11/2025)

TEXT ORDER granting 45 Motion for Linda M. Correia; 46 Motion for Andrew M. Adelman; 47 Motion for Lauren A. Khouri; to Appear Pro Hac Vice for John Doe, Alliance for Full Acceptance, The. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/11/2025.(sshe, ) (Entered: 02/11/2025)

NOTICE of Request for Protection from Court Appearance by Joseph David Spate for April 14-18, 2025, and July 14-18, 2025 (Attachments: # 1 Proposed Order Granting Notice of Request for Protection from Court Appearance)(Spate, Joseph) (Entered: 02/27/2025)

TEXT ORDER re 68 Notice of Request for Protection from Court Appearance filed by South Carolina, State of, South Carolina Department of Education, Ellen Weaver, South Carolina State Board of Education for Joseph David Spate for April 14-18, 2025, and July 14-18, 2025. Counsel should please know the protection request is duly noted and taken under advisement. Entered at the Direction of Honorable Richard M Gergel on 2/28/2025. (sshe, ) (Entered: 02/28/2025)

Order

RESPONSE in Opposition re 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay Response filed by Alliance for Full Acceptance, The, John Doe.Reply to Response to Motion due by 3/14/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Segui, Harper) (Entered: 03/07/2025)

Consent MOTION for Extension of Time to File Response/Reply as to 70 Response in Opposition to Motion, by Berkeley County School District, Anthony Dixon, South Carolina Department of Education, South Carolina State Board of Education, South Carolina, State of, Ellen Weaver. Response to Motion due by 3/26/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 03/12/2025)

TEXT ORDER granting 71 Motion for Extension of Time to File Response/Reply re 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay Response to Motion now due by 3/21/2025. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/14/2025.(sshe, ) (Entered: 03/14/2025)

Order on Motion for Extension of Time to File Response/Reply

REPLY to Response to Motion re 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay Response filed by Berkeley County School District, Anthony Dixon, South Carolina Department of Education, South Carolina State Board of Education, South Carolina, State of, Ellen Weaver. (Attachments: # 1 Exhibit A: Miles v. OK, et al. Order)(Coleman, Miles) (Entered: 03/21/2025)

1 Exhibit A: Miles v. OK, et al. Order

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MOTION to Appear Pro Hac Vice by Leila Nasrolahi ( Filing fee $ 350 receipt number ASCDC-12405117) by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 5/6/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 04/22/2025)

MOTION to Withdraw as Attorney (Lauren A. Khouri) by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 5/13/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Segui, Harper) (Entered: 04/29/2025)

TEXT ORDER granting 74 Motion for Leila Nasrolahi to Appear Pro Hac Vice for Alliance for Full Acceptance, The, John Doe. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/30/2025.(sshe, ) (Entered: 04/30/2025)

Order on Motion to Withdraw as Attorney

Order on Motion to Appear Pro Hac Vice

TEXT ORDER granting 75 Motion for Lauren A. Khouri to Withdraw as Attorney by Alliance for Full Acceptance, The, John Doe. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/30/2025.(sshe, ) (Entered: 04/30/2025)

MOTION for Hearing (Motion for Status Conference) by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 6/16/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper) (Entered: 06/02/2025)

RESPONSE in Opposition re 80 MOTION for Hearing (Motion for Status Conference) Response filed by Berkeley County School District, Anthony Dixon, South Carolina Department of Education, South Carolina State Board of Education, South Carolina, State of, Ellen Weaver.Reply to Response to Motion due by 6/23/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Coleman, Miles) (Entered: 06/16/2025)

REPLY to Response to Motion re 80 MOTION for Hearing (Motion for Status Conference) Response filed by Alliance for Full Acceptance, The, John Doe. (Segui, Harper) (Entered: 06/18/2025)

SUPPLEMENT by Berkeley County School District, Anthony Dixon, South Carolina Department of Education, South Carolina State Board of Education, South Carolina, State of, Ellen Weaver to 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay, 39 Response in Opposition to Motion, . (Spate, Joseph) Modified on 7/7/2025 to reference 89 Supplement Plaintiff's Response to Notice of Supplemental Authority filed 7/3/2025(sshe, ). (Entered: 06/20/2025)

TEXT ORDER: The Court has pending a motion to dismiss in which the Court has received a response in opposition and a reply. (Dkt. Nos. 51, 70, 73). The Court also recently received a Notice of Supplemental Authority from Defendants which addressed the recently issued United States Supreme Court decision in United States v. Skrmetti, 2025 WL 1698785 (June 18, 2025). Plaintiffs are directed to file a response to the Notice within 10 days of this Order. Defendants may file a reply within 7 days thereafter. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 6/24/25. (ltap, ) (Entered: 06/24/2025)

Order

MOTION for Leave to File Amended Complaint by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 7/9/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A- Proposed Amended Complaint, # 2 Exhibit B- Amended Complaint Redline, # 3 Exhibit C- Proviso Redline)No proposed order.(Segui, Harper) (Entered: 06/25/2025)

MOTION for Leave to File Amended Motion for Preliminary Injunction or, Alternatively, to Expedite Briefing on New Motion by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 7/10/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A- Plaintiff John Doe's Amended Motion for Preliminary Injunction, # 2 Supporting Documents Supplemental Declaration of "Jim Doe")No proposed order.(Segui, Harper) (Entered: 06/26/2025)

1 Exhibit A- Plaintiff John Doe's Amended Motion for Preliminary Injunction

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2 Supporting Documents Supplemental Declaration of "Jim Doe"

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Consent MOTION to Seal Document and Memorandum of Law (Supplemental Declaration of "Jim Doe") by Alliance for Full Acceptance, The, John Doe. Response to Motion due by 7/10/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper) (Entered: 06/26/2025)

MOTION for Preliminary Injunction (Plaintiff John Doe's Renewed Motion for Preliminary Injunction) by John Doe. Response to Motion due by 7/15/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support of Plaintiff John Doe's Renewed Motion for Preliminary Injunction, # 2 Supporting Documents Supplemental Declaration of Patrick Archer)No proposed order.(Segui, Harper) (Entered: 07/01/2025)

SUPPLEMENT by John Doe to 83 Supplement, (Plaintiff's Response to Notice of Supplemental Authority). (Segui, Harper) (Entered: 07/03/2025)

MOTION Emergency Motion for Relief from Deadline to Respond re 88 MOTION for Preliminary Injunction (Plaintiff John Doe's Renewed Motion for Preliminary Injunction) by Berkeley County School District, Anthony Dixon, South Carolina Department of Education, South Carolina State Board of Education, South Carolina, State of, Ellen Weaver. Response to Motion due by 7/17/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Spate, Joseph) (Entered: 07/03/2025)

RESPONSE in Opposition re 90 MOTION Emergency Motion for Relief from Deadline to Respond re 88 MOTION for Preliminary Injunction (Plaintiff John Doe's Renewed Motion for Preliminary Injunction) Response filed by John Doe.Reply to Response to Motion due by 7/15/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Segui, Harper) (Entered: 07/08/2025)

Order on Motion for Hearing AND Order on Motion for Leave to File AND Order on Motion for Leave to File AND Order on Motion for Miscellaneous Relief AND Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Seal Document AND Order on Motion to Stay