Case: Myers v. Stephen F. Austin State University

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT against Stephen F. Austin State University ( Filing fee $ 405 receipt number ATXEDC-10931690.), filed by Meagan Ledbetter, Sophia Myers, Elaina Amador, Ryann Allison, Kara Kay, Berklee Andrews. (Attachments: # 1 Civil Cover Sheet)(Sowder, James) (Entered: 06/30/2025)

1 Civil Cover Sheet

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EMERGENCY MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Declaration of Sophia Myers, # 2 Declaration of Kara Kay, # 3 Declaration of Ryann Allison, # 4 Declaration of Elaina Amador, # 5 Declaration of Berklee Andrews, # 6 Declaration of Meagan Ledbetter, # 7 Declaration of John Clune, # 8 Exhibit 1 - Donna Lopiano Ph.D. Expert Report, # 9 Exhibit 2 - Federal Register Title IX Policy Interpretation, # 10 Exhibit 3 - Clarification of Intercollegiate Athletics Policy Guidance The Three-Part Test, # 11 Proposed Order)(Sowder, James) (Entered: 06/30/2025)

SUMMONS Issued as to Stephen F. Austin State University and emailed back to Attorney for service. (ljw) (Entered: 07/01/2025)

BRIEFING SCHEDULE AND NOTICE OF PRELIMINARY INJUNCTION HEARING. Notice is hereby given that this matter is set for a Preliminary Injunction Hearing before this Honorable Court on July 30-31, 2025 at 9:00 a.m. in Room 102, Ward R. Burke Federal Courthouse, 104 N. Third Street, Lufkin, Texas. Signed by District Judge Michael J. Truncale on 7/1/25. (ljw) (Entered: 07/01/2025)

Case Assigned/Reassigned

Case assigned to District Judge Michael J. Truncale. (ljw)

Notice of Magistrate Judge Availability

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ljw)

NOTICE of Attorney Appearance - Pro Hac Vice by Ashlyn Hare on behalf of Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers. Filing fee $ 100, receipt number ATXEDC-10935900. (Hare, Ashlyn) (Entered: 07/02/2025)

SUMMONS Returned Executed by Meagan Ledbetter, Sophia Myers, Elaina Amador, Ryann Allison, Kara Kay, Berklee Andrews. Stephen F. Austin State University served on 7/1/2025. (Sowder, James) (Entered: 07/02/2025)

NOTICE of Attorney Appearance - Pro Hac Vice by John Clune on behalf of Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers. Filing fee $ 100, receipt number ATXEDC-10938813. (Clune, John) (Entered: 07/03/2025)

NOTICE of Attorney Appearance - Pro Hac Vice by Arthur Harry Bryant on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-10940289. (Bryant, Arthur) (Entered: 07/03/2025)

RESPONSE in Opposition re 2 EMERGENCY MOTION for Preliminary Injunction filed by Stephen F. Austin State University. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Ellis, Marlayna) (Entered: 07/15/2025)

CORRECTED RESPONSE in Opposition re 2 EMERGENCY MOTION for Preliminary Injunction filed by Stephen F. Austin State University. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Ellis, Marlayna) (Entered: 07/15/2025)

NOTICE of Attorney Appearance by Sheaffer Kristine Fennessey on behalf of Stephen F. Austin State University (Fennessey, Sheaffer) (Entered: 07/18/2025)

UNOPPOSED MOTION for Extension of Time to File Answer re 1 Complaint, Responsive Pleading by Stephen F. Austin State University. (Attachments: # 1 Proposed Order)(Ellis, Marlayna) (Entered: 07/21/2025)

ORDER granting 12 Defendant's Unopposed Motion for Extension of Time to File Responsive Pleading. Defendant's deadline to answer or otherwise respond to Plaintiffs' Complaint is now August 21, 2025. Signed by District Judge Michael J. Truncale on 7/21/25. (ljw) (Entered: 07/22/2025)

REPLY to Response re 2 EMERGENCY MOTION for Preliminary Injunction filed by Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers. (Attachments: # 1 Exhibit Exhibit 4 - Corrected Supplemental Report by Donna Lopiano, Ph.D.)(Hare, Ashlyn) (Entered: 07/22/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers re 2 EMERGENCY MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Ex. 1 to Notice of Supplemental Authority - Saving College Sports Executive Order)(Hare, Ashlyn) (Entered: 07/27/2025)

NOTICE OF ADDITIONAL DECLARATIONS IN SUPPORT OF PLAINTIFFS' EMERGENCY MOTION FOR PRELIMINARY INJUNCTION by Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers re 2 EMERGENCY MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Exhibit 1 - Declaration of Olivia Zeigler, # 2 Exhibit Exhibit 2 - Declaration of Kinley Pessel)(Hare, Ashlyn) (Entered: 07/28/2025)

SUR-REPLY to Reply to Response re 2 EMERGENCY MOTION for Preliminary Injunction filed by Stephen F. Austin State University. (Ellis, Marlayna) (Entered: 07/29/2025)

Minute Entry for proceedings held before District Judge Michael J. Truncale: Motion Hearing (DAY ONE) held on 7/30/2025 from 9:26 AM - 7:31 PM re 2 EMERGENCY MOTION for Preliminary Injunction filed by Kara Kay, Sophia Myers, Meagan Ledbetter, Berklee Andrews, Elaina Amador, Ryann Allison. Court heard witness testimony, exhibits marked and entered. All parties ordered to return on Thursday, 07/31/2025, at 9:00 a.m. to resume hearing (DAY TWO). Attorney Appearances: Plaintiff - Arthur Bryant, James Sowder, Ashlyn Hare, John Clune; Defense - Maryana Ellis, Shea Fennessy, Damon Derrick, Sean Flammer. Exhibits admitted. (Court Reporter - April Hargett) (KMR) (Entered: 07/31/2025)

Minute Entry for proceedings held before District Judge Michael J. Truncale: Motion Hearing (DAY TWO) held on 7/31/2025 from 9:09 AM - 6:41 PM re [DOC 2] EMERGENCY MOTION for Preliminary Injunction filed by Kara Kay, Sophia Myers, Meagan Ledbetter, Berklee Andrews, Elaina Amador, Ryann Allison. Court heard witness testimony, exhibits marked and entered, and closing arguments. Parties rest. Court takes matter under advisement, will issue written ruling in due time. Attorney Appearances: Plaintiff - Arthur Bryant, James Sowder, Ashlyn Hare, John Clune; Defense - Maryana Ellis, Shea Fennessy, Damon Derrick, Sean Flammer. Exhibits admitted. (Court Reporter - April Hargett) (KMR) (Entered: 08/01/2025)

DEFENDANT Witness & Exhibit List by Stephen F. Austin State University for proceedings held/concluded on 07/31/2025. (KMR) (Entered: 08/01/2025)

PLAINTIFF Witness List by Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers for proceedings held/concluded on 07/31/2025. (KMR) (Entered: 08/01/2025)

DEFENDANT List of Admitted Exhibits by Stephen F. Austin State University from court proceeding held/concluded on 07/31/2025. (KMR) (Additional attachment(s) added on 8/8/2025: # 1 Exhibit A, # 2 Exhibit D, # 3 Exhibit F, # 4 Exhibit G) (KMR). (Entered: 08/01/2025)

PLAINTIFF List of Admitted Exhibits by Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers from court proceeding held/concluded on 07/31/2025. (KMR) (Additional attachment(s) added on 8/4/2025: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-6, # 6 Exhibit B-8, # 7 Exhibit B-9, # 8 Exhibit B-10, # 9 Exhibit B-11, # 10 Exhibit B-12, # 11 Exhibit C-1) (KMR). (Entered: 08/01/2025)

ORDER granting 2 Plaintiff's Emergency Motion for Preliminary Injunction. Defendant Stephen F. Austin State University is to preserve the women's beach volleyball team, women's bowling team, women's golf team, and all other women's varsity teams at the University while this case is pending. Signed by District Judge Michael J. Truncale on 8/1/25. (ljw) (Entered: 08/01/2025)

NOTICE OF APPEAL as to 24 Order on Motion for Preliminary Injunction, by Stephen F. Austin State University. Filing fee $ 605, receipt number ATXEDC-11011666. (Ellis, Marlayna) (Entered: 08/07/2025)

OPPOSED MOTION to Stay Preliminary Injunction Order Pending Appeal by Stephen F. Austin State University. (Attachments: # 1 Proposed Order)(Ellis, Marlayna) (Additional attachment(s) added on 12/18/2025: # 2 Amended Proposed Order) (ljw). (Entered: 08/11/2025)

TRANSCRIPT REQUEST by Stephen F. Austin State University for proceedings held on 7/30-31/2025 before Judge Michael J. Truncale, (Ellis, Marlayna) (Forwarded to April Hargett on 8/15/2025) (ljw). (Entered: 08/15/2025)

NOTICE of Docketing Notice of Appeal from USCA re 25 Notice of Appeal filed by Stephen F. Austin State University. USCA Case Number 25-40487 (ljw)

USCA Notice of Docketing NOA

MOTION to Dismiss by Stephen F. Austin State University. (Attachments: # 1 Proposed Order)(Ellis, Marlayna) (Entered: 08/21/2025)

ORDER of USCA as to 25 Notice of Appeal filed by Stephen F. Austin State University. IT IS ORDERED that Appellant's opposed motion for stay pending appeal is CARRIED WITH THE CASE. IT IS FURTHER ORDERED that Appellant's alternative motion for a temporary administrative stay is DENIED. IT IS FURTHER ORDERED that Appellant's motion for an expedited ruling on the motion is GRANTED. (Attachments: # 1 USCA Cover Letter)(ljw) (Entered: 08/22/2025)

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ORDER of USCA as to 25 Notice of Appeal filed by Stephen F. Austin State University. IT IS ORDERED that Appellant's opposed emergency motion for stay pending appeal is GRANTED. This motion was reviewed by a panel and a member of this panel would deny. (Attachments: # 1 USCA Cover Letter)(ljw) (Entered: 08/25/2025)

1 USCA Cover Letter

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing, held on July 30, 2025, before Judge Michael J. Truncale. Court Reporter/Transcriber: April Hargett, Telephone number: (409) 654-2891. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 9/18/2025. Release of Transcript Restriction set for 11/26/2025. (AH) (Entered: 08/28/2025)

USCA Notice of Certification of eROA

NOTICE of certification of eROA provided to Fifth Circuit Court of Appeals. (ljw)

USCA Fifth Circuit Notice - Original record on appeal is accepted. (ljw)

Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. Link to Instructions re 25 Notice of Appeal. (ljw)

USCA Availability of eROA

USCA Notice of eROA Record Acceptance

FIRST AMENDED COMPLAINT against Stephen F. Austin State University, filed by Meagan Ledbetter, Sophia Myers, Elaina Amador, Ryann Allison, Kara Kay, Berklee Andrews.(Hare, Ashlyn) (Entered: 09/04/2025)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing, Volume 2, held on July 31, 2025, before Judge Michael J. Truncale. Court Reporter/Transcriber: April Hargett, Telephone number: (409) 654-2891. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 9/26/2025. Release of Transcript Restriction set for 12/4/2025. (AH) (Entered: 09/05/2025)

NOTICE of certification of Supplemental eROA provided to Fifth Circuit Court of Appeals. (contains documents 32 and 33) (ljw)

USCA Notice of Certification of eROA

MOTION to Dismiss Plaintiffs' First Amended Complaint by Stephen F. Austin State University. (Attachments: # 1 Proposed Order)(Ellis, Marlayna) (Entered: 09/18/2025)

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 34 MOTION to Dismiss Plaintiffs' First Amended Complaint by Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers. (Attachments: # 1 Proposed Order Order Granting Plaintiffs Unopposed Motion for Extension of Time to Respond to Defendants Motion to Dismiss)(Clune, John) (Entered: 09/29/2025)

ORDER granting 35 Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Responses due by 10/10/2025. Signed by District Judge Michael J. Truncale on 10/2/25. (ljw) (Entered: 10/02/2025)

RESPONSE in Opposition re 34 MOTION to Dismiss Plaintiffs' First Amended Complaint PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANT STEPHEN F. AUSTINS AMENDED MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) AND 12(b)(6) filed by Ryann Allison, Elaina Amador, Berklee Andrews, Kara Kay, Meagan Ledbetter, Sophia Myers. (Hare, Ashlyn) (Entered: 10/09/2025)

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 37 Response in Opposition to Motion, by Stephen F. Austin State University. (Attachments: # 1 Proposed Order)(Ellis, Marlayna) (Entered: 10/16/2025)

ORDER granting 38 Defendant's Unopposed Motion for Extension of Time to File Reply in Support of Its Amended Motion to Dismiss Plaintiffs' First Amended Complaint. Defendant's deadline to file its reply is now due 10/21/2025. Signed by District Judge Michael J. Truncale on 10/17/2025. (KMH) (Entered: 10/17/2025)

REPLY to Response re 34 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Stephen F. Austin State University. (Ellis, Marlayna) (Entered: 10/21/2025)

SUR-REPLY to Reply to Response re 34 MOTION to Dismiss Plaintiffs' First Amended Complaint Plaintiffs' Sur-Reply In Opposition to Defendant's Amended Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Ryann Allison, Elaina Amador, Berklee Andrews, Taryn Clayton, Kara Kay, Meagan Ledbetter, Sophia Myers. (Clune, John) (Entered: 10/28/2025)

ORDER SETTING TELEPHONIC STATUS CONFERENCE. This cause is set for a Telephonic Status Conference on December 11, 2025 at 10:00 a.m. CST. Signed by District Judge Michael J. Truncale on 12/5/25. (ljw) (Entered: 12/05/2025)

Minute Entry for proceedings held before District Judge Michael J. Truncale: Telephonic Status Conference held on 12/11/2025 from 10:07 AM - 11:25 AM. Parties discussed status of case to date. Court requested briefing from parties, will set Scheduling/Case Management Conference for future date/time. Attorney Appearances: Plaintiff - Arthur Bryant, James Sowder, Ashlyn Hare, John Clune; Defense - Marlayna Ellis, Sheaffer Fennessey. No exhibits. (Court Reporter - Not Recorded) (KMR) (Entered: 12/11/2025)

Status Conference

ATTORNEY TO FILE A MOTION AND ATTACH THE PROPOSED SCHEDULING ORDER Submission of Proposed Agreed Docket Control/Scheduling order by Ryann Allison, Elaina Amador, Berklee Andrews, Taryn Clayton, Kara Kay, Meagan Ledbetter, Sophia Myers . (Clune, John) Modified on 1/5/2026 (ljw). (Entered: 12/18/2025)

OPPOSED MOTION to Stay Pending Resolution of Defendant's Amended Motion to Dismiss by Stephen F. Austin State University. (Attachments: # 1 Proposed Order)(Ellis, Marlayna) (Entered: 12/18/2025)

ORDER denying 45 Defendant's Opposed Motion to Stay Pending Resolution of Defendant's Amended Motion to Dismiss Plaintiff's First Amended Complaint. Signed by District Judge Michael J. Truncale on 12/19/25. (ljw) (Entered: 12/22/2025)

JUDGMENT of USCA as to 25 Notice of Appeal filed by Stephen F. Austin State University. The preliminary injunction is VACATED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. IT IS FURTHER ORDERED that Appellees pay to Appellant the costs on appeal to be taxed by the Clerk of this Court. Judgment issued as mandate on 12/29/25. Circuit Judges: Dennis, Graves and Duncan (Attachments: # 1 USCA Order, # 2 USCA Cover Letter)(ljw) (Entered: 12/29/2025)

ATTORNEY TO FILE A MOTION AND ATTACH THE PROPOSED SCHEDULING ORDER Submission of Proposed Agreed Docket Control/Scheduling order by Stephen F. Austin State University . (Ellis, Marlayna) Modified on 1/5/2026 (ljw). (Entered: 01/05/2026)

ORDER denying as moot 28 Defendant Stephen F. Austin State University's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6). Signed by District Judge Michael J. Truncale on 1/5/26. (ljw) (Entered: 01/05/2026)

JOINT MOTION for Entry of Proposed Agreed Docket Control/Scheduling Order by All Plaintiffs. (Attachments: # 1 Proposed Order Joint Proposed Scheduling Order)(Clune, John) Modified text on 1/6/2026 (ljw). (Entered: 01/06/2026)

SCHEDULING ORDER. The Parties' Joint Motion Regarding Proposed Scheduling Order 50 is granted. Evidentiary Hearing is set for 4/28/2026 at 09:00 AM in Ctrm 102 (Lufkin) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 1/13/26. (ljw) (Entered: 01/13/2026)